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1994-06-06 Regular Meeting e e e """Ill MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 111 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 1994, 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: colllliiissioners Sandra Barone; William A. Caster, Jr.; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; 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 Reverend Mark Spelzhausen, Pastor of Messiah Lutheran Church, gave the invocation. commissioner Sisson led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone present would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Greer reported due to the number of items on the Regular Agenda, he would like for the Board of Commissioners to consider removing Consent Agenda Item #3, Item #7, and add the associated budget amendment to Item #10. The items removed can be considered at the next regular meeting to be held on June 20, 1994. commissioner Caster commented on Consent Agenda Item #12, the repeal of the intangibles tax, and requested removal of this item for further discussion. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to withdraw Consent Agenda Item #3, and Item #7 to be considered on June 20, 1994; remove Item #12 for further discussion; approve the associated Budget Amendment to Item #10; and approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval The meetings of Minutes commissioners approved the minutes of as presented by the Clerk to the Board: the following Work Session with the Department of Aging, May 12, 1994 Regular Meeting, May 16, 1994 Work Session with the Strategic Planning Council, May 16, 1994 Adoption of Resolutions to Request the Department of Transportation to Add the Following Roads to the State Highway System The Commissioners adopted resolutions to request the N. C. Department of Transportation to add the following roads to the State Highway System: Walnut Hills Subdivision, sections 8, 10, and 13 Marsh Hen Drive Extension Rummymeade Subdivision Old Avenue, Castle Hayne Park Copies of the resolutions are hereby incorporated as a part'of the minutes and are contained in Exhibit Book XXII, Page 10. ",,' ~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 112 Adoption of Resolution Rejecting the Only Bid Received for the Purchase of Kitchen Equipment (Bid #94-0153) - New Hanover County Jail The Commissioners adopted a resolution rejecting the only bid received from Jacobi-Lewis Company, Inc. in the amount of $41,933.50 for the purchase of kitchen equipment for the Jail since the bid carne in over the amount budgeted. Staff was authorized to re-bid the proposal for the kitchen equipment. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 10. Adoption of Resolution Awarding Bid #94-0345 to Southern Ambulance Builders for the Purchase of Two (2) Type I Ambulances - Emergency Medical Services Department The Commissioners adopted a resolution awarding the bid to Southern Ambulance Builders, the lowest responsive bidder, in the amount of $186,104 for the purchase of two (2) Type I Ambulances for the Emergency Medical Service~ Department. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 10. < A copy of the contract is on file in the Legal Department. Authorization for the Library Director to Apply for 1995 Library Services and Construction Act Enrichment Grant The Commissioners authorized the Library Director, David M. Paynter, to apply for the 1995 Library Services and Construction Act Enrichment Grant. The grant funds < will be used to provide remote access from the branch libraries to various electronic reference products and will be installed in June on a CD-ROM Network at the Main Library. No County,funds are required. ~ .. ~ ,. , Authorization for the Payment of Punitive Damages On Behalf of Deputy Cecil Gurganious, Jr. - ,Sheriff's Department ' The Commissioners authorized New Hanover County to pay $1,000 on behalf of Deputy Cecil Gurganious, Jr. in the lawsuit Coleman vs. New Hanover County. Although, the defense counsel felt Deputy Gurganious's actions were considered appropriate and justified, the jury did not agree; therefore,' ;the payment should be made as requested. Amendment to Architectural Contract #93-0333 with BMS Architects, PC The Commissioners approved an a~endment to the contract with BMS Architects in the amount of $8,392 and authorized the Chairman to execute the amendment. The county's contract with BMS Architects, PC includes a flexible fee structure tied to the construction contract award pJ;icE!: 'As the construction cost increases, the percentage decreases. Based on the present construction cost of $791,218 and a percentage rate of'7.38%, the architectural fee would be . $58,392, which is $8,392 above the existing contract. Approval of Additional Funds for the southeastern Center to Pay for, Consultant Services Provided by the Center for organizational, Excellence, Inc. and Approval of Budget Amendment #94-0253 The Commissioners approved:a~ditional funds in the amount of $10,000 to the Center of Organizational Ex.cellence, Inc. for payment of consultant management services for a period of six weeks beginning May 26, 1994. The Board also approved the following Budget Amendment: '<' <' Budget Amendment #94-0253 - Southeastern Center " Non-Departmental Contingencies Debit $'10,000 Credit " o o o e e e MINUTES OF REGULAR i) '. ~ '" 1 ", \:j~;;;ti~:~~" M~~TIN~Jfi$~ijtr~;.~~~at:i'91~~~~: .; . PAGE 113 ""'l1lI (Budget Amendment #94-0253 continued) Debit Credit Outside Aqencies/Human Services Southeastern Center for Mental Health $10,000 Adoption of Resolution Declaring Hugh MacRae Park as Complete with no Additional Development Occurring on the Park property The Commissioners adopted a resolution to declare Hugh MacRae Park as complete with no additional development to occur on the park property. It was the feeling of the Parks & Recreation Advisory Board that over-development would diminish the integrity of the Park. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 10. Approval of Additional Juvenile Court Representative to the Community Alternatives Base (CBA) Task Force; Approval of CBA Task Force certification; and Approval of the New Hanover county CBA Plan for FY 1994-95 The Commissioners approved the additional Juvenile Court Representative to the Community Alternatives Base Task Force; approved the CBA Task Force Certification; and approved the New Hanover County CBA Plan for FY 1994-95. Approval of Budget Amendment The Commissioners approved the following Budget Amendments: Budget Amendment #94-0228 - Sheriff's Department Federal Forfeited property Debit Credit Sheriff's Dept. Federal Forfeited Property Federal Forfeited Property $17,312 Sheriff's Dept. Federal Forfeited Property Motor Vehicles Capital Outlay $ 1,000 16,312 Purpose: To budget additional revenue received in FY 1993-94. Federal Forfeited Property funds must be used for law enforcement activities as the Sheriff deems necessary. Budget Amendment #94-0231 Substance Tax Sheriff's Department Controlled Debit Credit Sheriff's Dept. Controlled Substance Tax Controlled Substance Tax $7,565 Sheriff's Dept. Controlled Substance Tax Capital Outlay $7,565 Purpose: To budget additional revenue received in FY 1993-94. Controlled Substance Tax funds must be used for law enforcement activities as the Sheriff deems necessary. Budget Amendment 94-0238 Social services/Administration/AFDC/Child support services Debit Credit Social Services/Administration Administrative Grants $9,900 Social Services/ADFC State checks 5,100 social Services/Child Support Services Contracted Services $15,000 " .' Purpose: To record year-end programmatic adjustments and to buqget additional federal and state monies. ...,.j MINUTES OF REGULAR MEETING,. JUNE 6, 1994 PAGE 11:.4 Budget Amendment #94-0244 Library Debit Credit Librarv contributions Lost Books $5,885 512 Books & periodicals $6,397 Purpose: To budget proceeds from t~e Book Sale, gifts, and payment from lost books to purchase additional library materials. o Budget Amendment #94-0245 - Board of Elections Debit Credit Board of Elections Fees Departmental Supplies $27,296 $27,296 Purpose: To budget state revenue received to offset the cost of holding the statewide bond referendum. DISCUSSION OF CONSENT ITEM #12, RESOLUTION RELATIVE TO REPEAL OF THE INTANGIBLES TAX AND RESTORATION OF STATE APPROPRIATIONS FOR PUBLIC SCHOOL ENERGY EXPENDITURES Commissioner Caster requested an explanation of the alternatives if the Intangibles Tax is repealed and expressed concern for voting in opposition to this bill with very little knowledge of the proposed legislation. commissioner Barone reported the N. C. Association of County Commissioners Steering Committee on Taxation and Finance understands that the proposed legislation for repeal of the Intangibles Tax will provide seven different options for local governments to replace this revenue source. For example, one alternative is charging a City Income Tax that would be reported on the State Income Tax return as a percentage of the adjusted taxable income. In turn, all monies received by the State on the tax returns would be returned to the local governments. She stated she could not support this type of tax. o , ; County Manager O'Neal reported if the Intangibles Tax is repealed, New Hanover County will suffer a loss of approximately $2.6 million of unrestricted revenue which goes directly into the general fund. If this revenue is not replaced, the cost would be equivalent to 2.3 cents on the tax rate. commissioner Sisson reported the Intangibles Tax is a form of double taxation because persons are taxed on accounts receivables and then re-taxed on the accounts receivables when they become accounts payable. In a business .where payment is often delayed until an insurance company forwards claims, particularly in insurance litigation cases where monies are not received for years, the business still has to pay Intangibles Tax every year. '-. Vice-Chairman Mathews commented on the need to better understand the options for reimbursements before deciding on whether to oppose the issue and recommended postponing this item until further information is received: o commissioner Caster requested the Board to consider support of the legislation pertaining to the restoration of State Appropriations for Public School Energy Expenditures. Chairman Greer expressed information on this legislation along with the Intangibles.Tax. Consensus: It was the consensus of the Board to postpone making a decision on the two proposed resolutions until further information 1S received 'on -tfie legislation. . concern for not having enough and requested postponing this item ",:~'" ,..;',:;-:r,,-'.. "1. r; :.;,'!ii"", . I' !",1l,,''''''~.~'''{ fB':,-(1ti,:.r 1~:::;"V~;~,~!t ' . ~ ~~.;~ . ,,'. 11 ' ": ""-.. " " . ~ .. :f. ~T,'~::;;~:,t~7,~ ';~ !.... ..~: ~!;i'~ .~" . - ..;. ~,'W;." ,~~''!.twt~~ '~.):.,ji~t"I-f1.)\ ",;, f: .. ~ I "". :;?~" .....,,, . ""'IIIl MINUTES' OF REGULAR MEETING, JUNE 6, 1994 PAGE 115 PRESENTATION OF RESOLUTION DECLARING DR. RAYMOND A. STONE AS AN HONORARY CITIZEN OF NEW HANOVER COUNTY Chairman Greer expressed appreciation to Dr. stone for the cooperative manner in which he has worked with the Board of County Commissioners and read a resolution declaring Dr. stone as "an honorary citizen" of New Hanover County. e Motion: commissioner Sisson MOVED, to adopt the resolution as read. UNANIMOUSLY. SECONDED by Commissioner Barone Upon vote, the MOTION CARRIED Dr. Stone expressed appreciation to the County Manager and staff for the professional manner in which they have worked with Cape Fear Community College. He complimented the Board of County Commissioners for the outstanding support given to the College and for their cooperation during his interim term as President of the College. A round of applause was requested for Dr. Stone. ADOPTION OF FISCAL YEAR 1994-95 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE NEW HANOVER COUNTY SPECIAL FIRE DISTRICT County Manager O'Neal reported the Budget Ordinance for New Hanover County includes the minor changes made at the Work Session held on Thursday, June 2, 1994. Commissioner Sisson requested adding the following verbiage to Section 13 on Page 4 of the New Hanover County Budget Ordinance: "maintenance and renovations, exclusive of those authorized under the bond issue". e Chairman Greer reported the proposed FY 1994-95 Budget for New Hanover County and the Special Fire District does not include an increase in the tax rate, which is quite an accomplishment during a difficult budget year. He complimented staff for an excellent job in preparing the budget. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Budget Ordinance for New Hanover County as amended and the New Hanover County Special Fire District Budget Ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone commissioner Barone stated, for the record, the no vote does not reflect negatively on the excellent job performed by the County staff in preparing the budget, but she cannot vote for a budget that provides. for expansion of the Department of Social Services. As a County Commissioner, her responsibility is to bring more jobs into the area and improve the economic stability of the region so people will not have to use the services provided by the Department of Social Services. e Copies of the Budget Ordinances are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 11. ADOPTION OF RESOLUTION FOR FY 1994-95 OUTSIDE AGENCY FUNDING Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the resolution for FY 1994-95 Outside Agency funding as presente~. 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 XXII, Page 11. ....IIIl MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE ,11'6' PUBLIC HEARING TO CONSIDER THE SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY AS PRESENTED BY THE N. C. DEPARTMENT OF TRANSPORTATION Chairman Greer opened the Public Hearing. Mr. Odell Williamson, a member of the N. C. Board of Transportation, commented on the small mileage of dirt roads in New Hanover County and stated only nine miles are left to pave. He reported New Hanover County has received favorable consideration by the TIP Program with contracts on Independence Boulevard and the Market street Extension. Bids were let for the smith Creek Parkway but carne in over the amount budgeted; therefore, the project is being re-bid and hopefully a contract will be awarded in the near future. He requested Mr. Jim P. Cook, the District Engineer of Division 3, District 3, to present the Secondary Road Construction Program for New Hanover County. o '. Mr. Jim Cook reported funds approved by the N. C. General Assembly for the Secondary Road Construction Program are divided by the number of unpaved miles statewide times the number of unpaved miles in each county. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax with the final total not being known until June 30, 1994. If a significant change in the New Hanover County allocation should occur, the N. C. Department of Transportation will inform the County of any adjustment in the Secondary Road Construction Program for FY 1994-95. Based on the unpaved mileage of approximately 9 miles in New Hanover County, compared to unpaved miles statewide, the secondary allocation is estimated at $104,177, which is expected to be approved by the N. C. Board of Transportation in July and used as follows: July 1, 1994 Secondary Construction Allocation $104,177 o spot Stabilization, Paved Road Improvements, Safety Improve- ments and Bridge Replacements $ 17.778 86,399 SR 1334, Sondey Road Right-of-Way not available Priority 1S Priority Numbers 2S and 3S Paved in 1993-94 Program SR 1883M, French Road Grade, Drain, Base, Surface, & Erosion Control. From ST 1441 to SR1906. All Roads Priority 4S 0.61 $ 55.000 31,399 SR 1670M Victory Gardens Grade, Drain, Base, Surface, & Erosion Control. From US 76 to ST 1509. All Roads Priority 5S $ 25.000 6,339 o 0.28 Volunteer Fire Departments, Rescue squads, road Additions, and contingencies $ 6.339 -0- TOTAL MILEAGE 0.89 Mr. Cook reported the cost of each project is subject to variations due to inflation, cost of materials, equIpment rate . . l ,. '.",'.;;;~. ~';:{."" '''',;r',:.trJ)''~ ",' \ l'..,~"'i.;;.::';;! ~$';;j;;'t';'~""'f'!1W ".....t,)'" 'j ri'.;~, " . .,-: " ';l!l.'. . ',- >. . "'lII ..'~ ,~... t::~,:.h.f~~~1\:'t~ J.."'. , .}f~~W ~', ~ "(. (,\ t;.> .,' MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 117 changes, etc. In the event the right-of-way for any of the proposals is not available, the Department of Transportation will proceed with the next priority until the right-of-way is acquired and funds are expended. The Board of County Commissioners will be notified of changes in the program. Chairman Greer asked if New Hanover County has the smallest amount of unpaved roads in the state? e Mr. Cook responded that New Hanover County has the smallest amount of unpaved miles with approximately nine miles left. Once the projects are completed in the proposed for FY 1994-95 program, there will be approximately 8.5 miles left of unpaved roads. Chairman Greer reported that a majority of the secondary roads are funded by the gasoline tax, which means that New Hanover County is contributing through the gasoline tax much more money than is being returned to the County for the paving of roads. Mr. Cook reported county construction funds are based on one and three-fourth cents of the gasoline tax statewide. These funds are divided and distributed to each county on a pro-rata basis; therefore, New Hanover County is losing some money. commissioner sisson commented on the breaking in of mailboxes at the entrance of Rogers Avenue and reported on the need for a 'turn around at the end of this road to allow for delivery of the mail to each house. He asked Mr. Cook if the Department of Transportation has considered installing a turn around as requested? e Mr. Cook reported this project was completed two weeks ago and the U. s. Post Office has accepted the project. commissioner sisson expressed appreciation to Mr. Cook for his cooperation in helping these citizens to resolve this matter. Vice-Chairman Mathews complimented Mr. Cook for the cooperative manner in which he has always worked with the Board of county Commissioners. He inquired as to why the Department of Transportation is using asphalt to fill in drop-off problems along the shoulder of roads with asphalt instead of using dirt and grass sods as being done on Porters Neck Road? Mr. Cook reported the District Supervisor has informed all employees that road shoulders are not to be filled with asphalt. Frequently, when a small amount of asphalt is left over at the end of a day, the employees will try to find a place to use the asphalt to avoid a waste product. Not only is this unattractive, but the results are a half-finished job. As to Porters Neck Road, he will check into this matter. e Vice-Chairman Mathews expressed concern for information signs being located too close to the Highway 17 South and Military Cut- Off Road intersection, and inquired as to whether these signs can be placed at a further distance? Concern was expressed for 18 wheeler trucks not having enough time to prepare for the turn and having to go down Market street, which is undesirable for the truck drivers and motorists. Mr. Cook reported he will forward this information to the proper person tomorrow morning. commissioner sisson commented on pot holes deteriorating much too soon after repair and inquired as to whether the road bed underneath is being built up properly before the pot hole is repaired? Also, why doesn't the State use an appropriate stabilization to keep drains from clogging instead of having crews to unclog drains by shoveling dirt to the side with the next rain washing the debris back into the drain? .... ,---- MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 118 Mr. Cook reported when pot hole patching is performed with a cold mix during the winter instead of a hot" mix used during the summer, this is considered a temporary repair. These temporary repairs do tend to pop out until a final repair is completed. As to drains, this is a large job. The highway crews try to keep drains clean on Market street and College Road which are frequently located in the middle of concrete and asphalt. As to sUbdivisions, there is only one street sweeper for the entire Division, which covers six counties. o Chairman Greer reported access roads are going to be needed for Ogden Park on Military Cut-Off Road and stated as of this date no assistance has been given by the N. C. Department of Transportation. He requested Mr. Williamson to assist the County in any way possible to obtain the access roads. Mr. Williamson explained that the gasoline tax is not the only source of revenue. Funds are received from the sale of license tags, drivers license fees, and funds appropriated from the N. C. General Fund. As to funding for access roads, the N. C. Board of Transportation considers requests from all counties and tries to pave roads for schools and parks as evenly as possible. Mr. Cook reported the Department of Transportation has the following programs available for providing park roads: (1) The county Construction Program Fund: This is' a very small fund which frequently requires two to three years before approval is received for paving of requested park roads. (2) The Small Urban Fund Program: This fund requires that the park must be within one mile from the city Limits; therefore, Ogden Park is not eligible to receive funds under this program. (3) The Maintenance Program: No money is available in this fund for this type of work. o Mr. Cook reported there could be a possibility of discretionary funding, which should be discussed with the local legislators. Also, the small park off of Parmele Road was petitioned today and the Department of Transportation is trying to work this project into the system. Chairman Greer inquired as to whether anyone from the general public would like comment on the proposed program. No comments were received. Chairman Greer closed the Public Hearing. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Williamson and Mr. Cook for taking time to explain the secondary road programs and for the cooperative manner in which they work with New Hanover County. ~ Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone to approve the FY 1994-95 New Hanover County Secondary Road Program as ,presented by the N. C. Depart~ent of Transportation. ,Upon ,vote, the MOTION CARRIED UNANIMOUSLY. o ADOPTION OF NEW HANOVER COUNTY POLICY FOR THE SELECTION OF ARCHITECTS AND ENGINEERS FOR CAPITAL PROJECTS county Manager O'Neal reported staff was directed to prepare a,Policy Statement relative ,to the process for the appointment of a coupty commissioner(s) to participate in the' selection of, architectural and engineering firms for capital projects. The following Policy Statement was presented: . t.:rfr1lf;;'.", ;",~r~?" 'i'I"'lf~''f' ;:g.:;' ;o;"~ "t V,rl;:,~'1,6"'l> '~\'(~, o.:-(I,t,:~ 'W,",..'l"'.' $ ~ :p'" ; ~"'V'I1'\'}j r', . "'f" '. 1;r'. , ' ""Ill !. v " ;., ";... {, ' , :'ti ~~,,' 11.- ~l,.!i~~r~ ;.w,~~~ '" ' ...; .~ ~'.. M ~ ,. ' .' ;, '~~'?~{'T'I; '~1:J~", MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 119 It shall be the policy of the New Hanover County Board of Commissioners to consider the selection of one or more County Commissioners, but not a quorum thereof, to serve on staff committees or task forces reviewing architectural and/or engineering proposals/qualifications for the design and specification preparation of capital projects. e Vice-Chairman Mathews commented on having a competent staff to perform the selection process and stated he does not feel the policy is needed since a commissioner can attend the meetings held during the selection process. commissioner Caster reported he initiated the request because he strongly feels that some process should be established to thoroughly inform the Commissioners on projects with large sums of money before awarding a bid. As to staff, he is aware of their competency; however, some form of reporting should be forwarded to the Commissioners during the process before being asked to award a $20,000,000 bid. Commissioner Barone agreed with Commissioner Caster and stated a policy should be developed to invite one or two commissioners to serve on the selection task force for any project that exceeds $1,000,000. As an elected official, it is important that the Commissioners know what is going on behind the scenes when deciding on award of bids for large projects. Adoption of a policy would resolve this matter. Chairman Greer reported staff could be directed to notify the Commissioners of the meeting held by a selection task force, which will enable each Commissioner to attend these meetings if they so desire. e commissioner Barone stressed the importance of accountability and stated as an elected official, she must be involved in the process when millions of dollars are spent; therefore, a policy should be adopted. Motion: Commissioner County Commissioner(s) project that exceeds discussion. Barone MOVED to establish a policy for a to serve on the selection task force for any $1,000,000. The floor was opened for Commissioner Caster inquired as to how a dollar figure should be established? County Manager O'Neal responded that projects vary; therefore, it could be difficult to establish an exact figure in a policy. For example, the Animal Control Facility is a high visibility project but is under $1,000,000. commissioner sisson commented on the Board being well informed during the construction process of a project after the bid is awarded and recommended staff preparing the same type of reports during the selection process, which will avoid having to adopt a policy. e commissioner Caster, again, reiterated the need to be informed about projects before awarding the bid and suggested a figure of $2,.000,000. Amended Motion: commissioner Barone amended the MOTION to establish a policy for a Commissioners(s) to serve on the selection task force for projects of $2,000,000 or more. Commissioner Caster SECONDED THE MOTION. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster -...... / ( MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 120 Voting Nay: Commissioner sisson Vice-Chairman Mathews Chairman Greer No policy was adopted. ADOPTION OF RESOLUTION AUTHORIZING THE TRANSFER OF VACANT LOTS JOINTLY OWNED BY THE CITY OF WILMINGTON AND NEW HANOVER COUNTY TO CAPE FEAR HABITAT FOR HUMANITY County Manager O'Neal requested adoption of a resolution transferring the following properties jointly owned by the City of Wilmington and New Hanover County to Cape Fear Habitat for Humanity: Parcel Number 054-13-013-004.000 054-13-013-005.000 048-14-005-009.000 048-14-005-007.001 048-09-038-022.000 size 33 x 165 48 x 165 33 x 66, 66 x 128 33 x 165 Address 1009 S. 3rd street 1011 S. 3rd street North 11th street Seaside Avenue 911 N. 5th Street Tax Value $3,077 $4,476 $1,243 $3,728 $2,051 The conveyance shall be subject to the condition that the lots will be used to construct single family owner-occupied residences for low to moderate income citizens. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the resolution conveying the property to Cape Fear Habitat for Humanity as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 12. ADOPTION OF A RESOLUTION APPROVING THE ISSUANCE OF $2,850,000 SOLID WASTE DISPOSAL FACILITY REVENUE BONDS FOR THE OCCIDENTAL PETROLEUM CORPORATION PROJECT, SERIES 1994 Attorney Wallace C. Murchison requested the Commissioners to adopt a resolution authorizing the issuance of revenue bonds to be in the principal amount of $2,850,000, and the execution and delivery of financing documents pertaining to the revenue bonds issued by the New Hanover County Industrial Facilities and Pollution Control Financing Authority 'to finance a solid waste disposal project at the Chrome Plant in Castle Hayne now owned by Occidental Chemical Corporation. Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the resolution approving the issuance of $2,850,000 solid waste disposal facility revenue bonds for the Chrome Plant in Castle Hayne, N. C. now owned by Occidental Chemical Corporation. 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 XXII, Page 12. BREAK ,,- Chairman Greer called a break from 7:45 P.M. until 8:00 A.M. PUBLIC HEARINGS . _ Chairman Greer announced public notice had been given that Public Hearings would be held on Monday, June 6, 1994, at 7:30 P.M. to consider the advertised planning items. _ He requested all persons wishing to comment to limit their remarks to three minutes and to select a spokesperson for large groups in order to move through the scheduled Public Hearings. PUBLIC HEARING TO CONSIDER A REQUEST BY E. L. POOSER, ET ALIA, TO REZONE ONE ACRE ON THE NORTHWEST SIDE OF MARKET STREET 450 FEET WEST OF NORTH COLLEGE ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-496) '. " ' Chairman Greer opened the Public Hearing. l o o o ., '; t.1A:~~ti,~\~fi~+~f~_:Y.Wi~.tf~'~ ;})~,i1,: ! ""l1lI . ..' 'J..- " ':;..'::r';*,.i,";\~;>~J ~""':".tI l~,~~f,I>"'~~ :.k'~1i~ o,;~..i;. ],.l"t ',_ , , J+t. MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 121 e Planning Director, Dexter Hayes, reported the Planning Board determined the property was better suited for a type of non- residential development because the site falls within a large commercial node formed by North College Road and Market street. Also, the Planning Board felt that nearby residential uses would be adequately protected by the Zoning Ordinance, which has fairly rigid setback and buffering standards. The Planning Board voted unanimously to approve the rezoning request. There was no opposition present at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the general public would like to speak against the proposed rezoning request. No comments were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve rezoning one acre on the northwest side of Market Street, 440 feet west of North College Road from R-15 Residential to B-2 Business. 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. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 9A, Page 37. PUBLIC HEARING TO CONSIDER A REQUEST BY RICHARD REGISTER TO REZONE .012 OF AN ACRE ON THE NORTHWEST SIDE OF MARKET STREET, 660 FEET SOUTH OF BAYSHORE DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z- 497) e Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted to approve the rezoning request feeling the additional B-2 Zoning would not have an appreciable impact on scattered residential uses located to the west. There was no opposition present at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning request. Mr. Richard Register, the owner of the shop, reported in the original rezoning of the property the back portion of the property was not rezonedj therefore, he would like for the 0.12 of an acre to be rezoned to B-2. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve rezoning .012 of an acre on the northwest side of Market Street, 660 feet south of Bayshore Drive to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. e A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 6, Page 55. PUBLIC HEARING TO CONSIDER A REQUEST BY CORNELIUS NIXON TO REZONE SIX (6) ACRES ON THE NORTHWEST SIDE OF MARKET STREET, 800 FEET NORTH OF MILITARY CUT-OFF ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-498) Chairman Greer opened the Public Hearing. ..... ( MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 122 Planning Director, Dexter Hayes, reported the Planning Board voted to approve the rezoning request with inclusion of Parcel I in the petition to keep from surrounding it with commercial zoning. The Planning Board felt that nearby commercial uses and other non- residential activities had sharply curtailed residential interest in the area and that the proposed rezoning would be consistent with Policies for Growth and Development. Chairman Greer inquired as to whether anyone from the general public would like to speak in opposition to the rezoning request. o No remarks were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve rezoning six (6) acres on the northwest side of Market Street, 800 feet north of the Military Cut-Off Road to B-2 Business from R-15 Residential including Parcel 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.6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971" is hereby incorporated as a part of the-minutes and is contained in Zoning Book II, section 6, Page 56. PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY MARGIE SKIPPER TO REZONE, .41 OF AN ACRE AT 109 BRENTWOOD DRIVE TO R-15 FROM B-2 BUSINESS (Z-499) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board agreed with staff that a reduction of the B-2 District at this location would be beneficia~ to nearby residential uses, particularly for those homes in Brentwood Estates located to the west. The Planning Board voted to approve the rezoning request, and there was no opposition present at the meeting. o , Chairman Greer inquired as to whether anyone from the general public would like to speak in opposition to the request. . No remarks were received. - . Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to rezone .41 of an acre at 109 Brentwood Drive to R-15 Residential from B-2 Business. 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. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 6, Page 57. PUBLIC.HEARING TO CONSIDER A REQUEST BY LANDMARK DEVELOPERS,. INC. TO REZONE 8.6 ACRES ON THE WESTS IDE OF THE CAROLINA BEACH ROAD 1,200 FEET SOUTH OF GOLDEN ROAD TO R-15 RESIDENTIAL AND B-2 BUSINESS FROM 1-1 INDUSTRIAL, B-2 BUSINESS AND R-15 RESIDENTIAL (Z- 500) o Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported after a lengthy discussion on how the rezoning would affect some of the existing uses on the site, particularly a large metal building used for equipment repair and storage, the Planning Board decided to follow the recommendation of the Planning Staff. This recommendation is to rezone the entire 1-1 District and part of the B-2 District to e e e r~~"\.\I4f.,q;~~~\ir'r~'ift. ~~;~~' li',::;.p.,: ""'Ill " ~',,:t ,. . . .~.~~: !~:f:ft~:t~4; ~4~f~'i;. N,' i:' MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 123 R-15 Residential. This is different from the applicant's request in that the applicant wanted to expand the B-2 District northward along the frontage of Carolina Beach Road an additional 237 feet. The Planning Board felt the additional commercial frontage would be inconsistent with the current policies for Growth and Development. There was no public comment at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Chris Stephens, representing Landmark Developers, Inc., commented on the need to downsize the amount of commercial and business use with creation of more property for residential use on this tract of land. He requested Mr. Dan Dawson to present a map and discuss the rezoning request. Mr. Dan Dawson, a local consulting engineer, presented a map and requested the Commissioners to review the map while reviewing the rezoning request. The rezoning request is outlined in red and hopefully, the misunderstanding of the request at the Planning Board meeting can be resolved. Landmark is requesting the rezoning of 8.62 acres to R-15 Residential for development of single family dwellings. 'The purpose of the request is to make the entrance attractive for a residential area and provide a commercial node in this area, which will provide the community with the location of commercial services such as dry cleaning, groceries, etc. without having to drive out on Highway 421. The purpose of the request is to eliminate the 1-1 Zoning with creation of R-15 Residential zoning with a portion of B-2 zoning at the front of the property. In the information packet presented to the Commissioners, the original rezoning of the property in 1971 was outlined showing 300 feet on the front of the property zoned B-2 with the remaining land zoned R-15 as reflected on Page" 1. In 1984, Mr. George Talman requested the rezoning of 7.65 acres to 1-1 (light industrial) as indicated on Page 2. At the Planning Board meeting, the Planning Staff thought the existing building was located further back on the property, which was not correct; therefore, the Planning Board thought this would be a non-conforming use in a Residential District. The new rezoning lines were presented and shown. The R- 15 zoning requested will front a short section of Carolina Beach Road which will be used for the entrance to the subdivision. This land is currently zoned 1-1. The proposed rezoning request will create more residential use and properly match the property lines and uses compatible with the intended purpose for development of single family dwellings. This rezoning is also compatible with the Land Use Plan. The proposed road entrances have been approved by the N. C. Department of Transportation and maps were presented on exactly how the land should be zoned. The Commissioners were requested to approve the rezoning petition as presented. Vice-Chairman Mathews asked if the Planning Board was concerned about the northern 2.2 acres of the property being zoned B-2? Planning Director Hayes reported the Planning Board did .express concern for the 2.2 acres of B-2 zoning and recommended z~ning of this property to a residential classification. Mr. Dawson expressed concern for not complying to the Land Use Plan which recommends the establishment of commercial nodes near subdivisions to alleviate residents from having to travel on a maj~~ highway, such as Highway 421. cominissioner Sisson reported the definition of commercial nodes in the Land Use Plan was not attached to intersections with subdivisions but to major intersections with highways. Since the late 1980' s there has been a question as to how far south the ...1IIl ~ I MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 124 commercial node' from the Monkey Junction intersection should extend. The Planning Board was concerned about the location of the commercial node and how far the B-2 zoning should extend south. Chairman Greer closed the Public Hearing. After discussion of the rezoning proposed, Chairman Greer reported Landmark is requesting the Commissioners to rezone the property as follows: (1) the shaded area on Page 5 from B-2 to R-15. (2) the shaded area on Page 6 from 1-1 to R-15. (3) the shaded area on Page 7 from 1-1 to B-2. (4) On Page 8, rezone the small piece in order to make the building conform and square off on this small parcel of land. (5) On Page 9, allow this property to remain zoned B-2. o Planning Director Hayes reported the only difference in the Planning Board's recommendation and the rezoning proposed by Mr. Dawson is the northern part of the B-2 area as indicated on Map 4. The Planning Board felt this should remain zoned R-15. Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster to rezone the property as outlined in the five steps presented by Mr. Dawson. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer o Voting Nay: Commissioner Sisson commissioner Sisson reported this land should have been submitted as a planned unit development in order to plan commercial uses for a residential area. The zoning just approved has opened up the area for any commercial uses. Also, with approval of this additional B-2 zoning, .the Monkey Junction intersection has just reached its limit for commercial expansion. It is hoped that the Planning Board and County commissioners will keep this in mind when being asked for additional commercial zoning. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED-APRIL 7, 1971" is hereby incorporated as a part of the minutes and is contained in zoning Book I, section 4, Page 38. Copies of the maps and information packet presented by Mr. Dan Dawson are attached to the Ordinance amending the Zoning Map. PUBLIC HEARING TO CONSIDER A REQUEST BY ROBIN GORDON TO REZONE .16 OF AN ACRE AT THE SOUTHWEST CORNER OF CHARTER DRIVE AND EASTWOOD ROAD TO B-2 BUSINESS FROM R-20 RESIDENTIAL - THE PLANNING BOARD RECOMMENDED 0-1 OFFICE AND INSTITUTION (Z-SOl) Chairman Greer opened the Public Hearing. o Planning Director, Dexter Hayes, reported the Planning Board felt the property was not particularly suited for residential use based on nearby land uses and dissimilar zoning. The Planning Board also noted the site fronted Eastwood Road just east'of the point where the smith Creek Parkway would be connected to the road. Feeling that the site had little residential appeal, the Planning Board did not agree that B-2 z~ning would be appropriate. As an alternative, .the Planning Board recommended 0-1 .Office and Institution feeling that 0-1 zoning wOULd provide a better' l i':~""f '~':'~'\"i "::~:'l~''i' :''1; f.! "\ ',,~''':''><i''i'.-'''''~ """"IIIl .~'. ~t' ; 'lk j~{~)~$i,t'J:. ~~?Y~'~l"~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 125 transition of the land uses and would be more compatible with the residential uses in adjacent subdivisions. The applicant at the Planning Board meeting agreed to modify the petition and accept the recommendation of the Planning Board. There was no public comment in opposition to the petition at the Planning Board meeting. e Chairman Greer inquired as to whether anyone from the general public would like to speak in opposition to the rezoning request. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to rezone .16 of an acre on the southeast corner of Eastwood Road and Charter Drive to 0-1 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 ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 9B, Page 77. e PUBLIC HEARING TO CONSIDER A REQUEST BY JACQUELINE TOZOUR TO ESTABLISH AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO TWELVE (12) CHILDREN IN A PROPOSED RESIDENTIAL STRUCTURE AT THE CORNER OF OYSTER DRIVE AND HUMPHREY DRIVE IN EMERALD FOREST OF WEND OVER NORTH SUBDIVISION (S-360) 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 Jacqueline Tozour Planning Director, Dexter Hayes, presented the following staff findings: 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 is located at the corner of Oyster Drive and Humphrey Drive in Emerald Forest at Wendover North. Access to the site is via Humphrey Drive. (b) The site is located in and served by the Ogden Volunteer Fire Department. (c) Adequate water and sewer services are available to serve the use. e (d) The applicant held a license to' operate a child day care service for up to 12 children in her previous home without record of complaint from neighbors. 2. The proposed specifications of the findings: (a) The property is zoned R-15 Residential. Child day care services are permitted by special use conferment in this zoning district. use meets all required conditions and Zoning Ordinance based upon the following ( .... ~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 126 (b) The lot where the residential structure is to be built that will house the day care service is sufficiently large enough to accommodate required vehicle parking and circulation. This includes pick-ups and drop-offs without backing into the street. (c) A fence four (4) feet in height is required around the perimeter of the outside play area. A fence of unknown height is illustrated on the site plan for a portion of the rear yard. o 3. The adjoining necessity proposed will not substantially injure or abutting property or that the use based upon the following findings: the is value of a public (a) No other registered or licensed day care facility is located within the subdivision. (b) Surrounding homes have yet to be built. (c) The owner's previous home, which recently sold at an appreciated value, was once the site of a child day care service. 4. The proposed use will be in harmony with the area in which it is to be located if developed according to the plan as submitted and approved and will be in general conformity with the plan of development for New Hanover County based upon the following findings: (a) The day care service will be housed in a single-family dwelling that is planned to be built on the lot. (b) The dwelling will be of similar architectural style as other housing in the neighborhood. o Chairman Greer asked the petitioner if she concurred with the findings of fact as presented. Ms. Jacqueline Tozour agreed with the findings of fact as presented and requested approval of the Special Use Permit to enlarge the day care center. Chairman Greer closed the Public Hearing. " Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit based upon the evidence presented and the findings of fact satisfying the four general requirements.. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book II, Page 7. f - ~ . . PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT BY TEA GROUP, INC. TO CONSTRUCT A COMMUNICATIONS TOWER AND COMPANION EQUIPMENT BUILDING ON THE WEST SIDE OF CAROLINA BEACH ROAD EAST OF LOBOS LANE (S-361) 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. o The following persons were sworn in: "'"". , ~ .. , ., .". '1 Director ,. . . " , Dexter Hayes, Planning Mark Kirstner . Scott D. Maitenson ; , Jerry Eatman 0' . -- . "Graham Herring Wes podsada _ ~"-- ......_..:,J.. '. . - ' - ~ ........ l e e e ~'" ~}~ ,~'-1:~" ,. ""II1II ; ~'1.'~~ {. :\~j~"~' 1i';'~'ri;,;'W'~'~? f.. ~ ~ i'-:'\-" .'C MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 127 Anne Squire John R. McAdams Barbara W. Dinkins Edward Nixon Dollion Trottie, Jr. Clyde Dinkins Ural Minter Melvin Dinkins Vanness Brown Anna Nixon Planning Director, Dexter Hayes, reported the Planning Board felt that construction of a 180 foot communications tower along with an equipment building on this site would be injurious to existing and planned residential uses in the area. As a result, the Planning Board recommended denial of the request. If the Commissioners approve the request, the Planning Board would recommend placing a condition on the use that will require the tower to be designed to withstand high wind levels. Staff Planner, Sam Burgess, presented slides of the site. Planning Director Hayes presented the proposed staff findings: General Requirement #1: The Board of County Commissioners must find that the use will not materially endanger the pUblic health or safety if located where proposed and developed according to the plan as submitted and approved. a. The site proposed for development has access to Carolina Beach road via a deeded 15 foot access easement. b. The area is served by the Myrtle Grove Volunteer Fire Department. c. There is no need to provide water and/or sewer service to support the building because the building will be unmanned. d. The facilities do not require the use of bulk storage of hazardous, flammable or toxic substances.. .' e. The site is outside of the Airport zoning height regulations. General Requirement #2: The Board of County Commissioners must find that the use meets all required conditions and specifications of the zoning Ordinance. a. Communications towers are permitted by Special Use Permit in the R-15 Residential District. This land is zoned R-15 and complies with the minimum area requirements of this district. b. communications towers and similar apparatus are generally exempted from the County's height regulations. c. The communications equipment building is to be situated on the lot in a manner that would exceed the minimum setbacks of the R-15 District. d. A buffer consisting of two rows of wax myrtles will be installed around the perimeter of the site. In addition, a significant number of existing trees will be preserved. e. No off-street parking is required, however, the applicant proposes a small parking area for repair personnel to service the equipment building and tower as necessary. General Requirement #3: The Board of County Commissioners must find that the use will not substantially injure the value of ....l1lI (~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 128 adjoining or abutting property or that the use is a public necessity. a. The state of North Carolina utilities commission has certified that cellular mobile radio telephone service is a public necessity, primarily because of its use by public emergency service agencies. b. Land in the general area is sparsely developed. c. Lobos Lane, a private dirt road, abuts the property's western boundary. This road is also used by large tandem dump trucks for access to a nearby road construction storage yard and borrow pit. Heavy use of the road results in high levels of truck noises and unusual amounts of dust. General Requirement #4: The Board of County Commissioners must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. a. There is no definable development pattern for this area. Most of the residential land in the area is undeveloped with the exception of a few older wood frame houses. "Other residential land in the area is used for non-residential purposes. Land to the north is zoned primarily B-2 Business with scattered new commercial uses. Planning Director Hayes requested the Commissioners to place the following condition on the Special Use Permit if granted: The tower should be designed to withstand high wind levels. Chairman Greer inquired as to whether anyone present would like to speak. Mr. Jerry Eatman, an attorney in Raleigh serving as the North Carolina General Counsel for the Sprint Cellular Company, reported the Special Use Permit was a petition filed by TEA Group Incorporated, an independent contracting group employed by Telespectrum Inc. and Sprint Cellular to local cellular transmission towers. If approved, this particular tower would be part of the Sprint Cellular network. He stated a number of witnesses are present to comment on compliance to the four general findings; however, before calling on these individuals, he would like for Ms. Anne Squire, the General Manager for Sprint Cellular in this area, to provide brief background information on the need for this particular site. Ms. Anne Squire reported installation of this tower will address the following concerns: (1) The Quality of Service Provided to the Customers in the Southern Part of New Hanover County: Due to growth in the southern end of the County, Sprint .Cellular has not been able to provide the quality of service that is desired for these customers. This means that if an individual has a cellular phone and is trying to place a call, the call may not be completed because of the system being at its capacity. (2) The Quality of coverage Provided to Cu'stomers 'in the Southern Part of the New Hanover County: Due to not having a tower in the southern end of the county, particularly the Masonboro area, the quality of coverage can~ot be" provided. This means that customers with small portable cellular phones instead of the old larger phones may not have coverage during a time of emergency. Due to these safety concerns, Sprint Cellular feels a tower should be installed in"this area. ' ~ o o o 'I:l;" .~., it' "'lIIl .; .~~ of ~1 ~ Y,},'IJ,'1; ""'\:!t' ',t",(,.t;:;!?~/;/ l:'.~"~:~"",, ;~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 129 e Attorney Eatman reported Ms. squire did not mention that Sprint Cellular is one of two carriers licensed to provide cellular service in this market. The need for anew tower is determined upon the demand for service in New Hanover County. One of the requirements for maintaining a license is the 90/90 rule. The FCC requires that Sprint Cellular provide 90% of its customers in a market area with quality service 90% of the time. This particular site is necessary for Sprint Cellular to continue to achieve the requirements necessary to maintain its FCC license. Attorney Eatman requested Mr. Wes Podsada, the engineer for Sprint Cellular in the North Carolina region, to present findings on the petitioner's position which will satisfy General Requirement #1 by showing 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. Mr. Wes Podsada, the engineer for Sprint Cellular North Carolina, reported the site for location of a communications tower is selected by receiving input from the General Manager. Once the site is located, consultations are held with the radio frequency engineer who takes the information provided by the General Manager and verifies it through scatter plots with placement of the location on the grid. The grid then identifies the location as to where the site needs to be placed. The proposed site is no larger than a quarter of a mile in variance, and the ideal location would have been further south in a large residential district; however, in this particular case, Sprint Cellular tried to avoid placement of the proposed tower in the residential area and moved toward the commercial district. As to EMF (electromagnetic fields) a study was performed by Lawrence Behr Associates, Inc., which answers any questions as to radio frequency environmental concerns. e Mr. podsada presented a copy of the study entitled, "Radio Frequency Environment Study for the Proposed Durham Cellular site for sprint Cellular North Carolina" which was marked Exhibit B as submitted by the petitioner. A copy of the report is on file in the office of the Clerk to the Board. Vice-Chairman Mathews inquired as to what distance from the proposed site should the tower be located to provide the quality and of service and coverage desired? Mr. podsada reported the tower cannot be placed further north and no further than one-eighth of a mile south to provide the quality of service and coverage needed without going into a large residential area. Commissioner Sisson commented on the environmental study and expressed concern for not having time to completely review the study before making a decision on this matter. Mr. podsada reported the study is very in-depth, and the major concerns with EMF come with installation of high power low frequency wires such as high tension wires. The study proves concisely that high frequency low power transmitters do not pose a health or safety problem. e Commissioner Caster inquired as to the transmittal frequency? Mr. Podsada reported the transmitting frequency would be 880- 894 mhz. commissioner Sisson commented on studies not having screening standards to determine sensitive populations and recommended reviewing more than one study to determine if there is controversy in the field about the findings of a particular study performed on a particulqr item. ....oll ~ MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 130 Mr. Podsada stated the Lawrence Behr Associates, Inc. study references many other studies. commissioner sisson explained he was not being critical of the study presented, but in the scientific community one authority will claim that an issue is true and then a number of other authorities will state otherwise. He, again, stated he was sure this was a valid study, but without reading the document, he would have a difficult time accepting a study at face value. Attorney Eatman requested time to ask Mr. podsada the following questions to better explain the issue and study: o (1) ,How many transmitters will be on the tower? Mr. podsada responded two transmitters. (2) How many channels will be on the tower and what is the maximum output of the channels? Mr. podsada responded 18 channels with each channel having a capacity of 100 watts which is 1,800 watts assuming every channel is operating at capacity at one time at 180 feet above the ground. Attorney Eatman reported unfortunately for the cellular industry there is a tremendous amount of discussion about EMF with respect to high power low frequency, which are high tension power lines. .He requested the record to reflect that currently there is no evidence that the emissions from a cellular base station pose any threat whatsoever to human health and safety. 'Attorney Eatman requested Mr. John R. McAdams, the chief engineer of a planning and surveying firm in the Research Triangle Park, to describe the site with findings presented that will satisfy General Requirements #3 and #4 relative to the proposed use meeting all required conditions and specifications as well as being in harmony with the area. o Vice-Chairman Mathews asked if there are any buildings within 180 feet from the base of the tower and if the tower will be strong enough to sustain high winds? Mr. John McAdams reported at the present time there are no buildings in the 180 foot area; however, because of vacant land, there could be buildings in the future. , Attorney .Eatman reported, for the record, the 180 foot tower will be constructed as a self-supporting tower with three legs .and is designed to withstand extremely adverse conditions; however, no one can ever say that a tower will not fall. If the tower should fall, it is designed to fall in, a shearing fashion because of stress points located at various points on the tower. For a '180 foot tower, a 100 foot radius is the engineered area of safety. commissioner sisson inquired as to the wind load factor on the tower? Attorney Eatman reported 110 miles per hour. Vice-Chairman Mathews inquired as whether lights will be placed on the site? Mr. McAdams reported there will be no lighting on the site because the tower is below the FAA requirements. o Mr. McAdams reported the proposed use will be in harmony with the area and presented an aerial photograph that identified the proposed site in correlation with the Monkey Junction inte~section, the various B-2 zoned areas, :and R-15 residential dfstricts. The si te is located' in an urban transition zone as defined' iTr'the New " Hanover county"Land Use Plan. The site will not 'generate' traffic and is probably the best use of the land for avoiding additional ~ e e e ..,l',,;,..~;,<, :'''':.'"''i~'~; "'-~fl"'-' .';"{~"i";"'.i'~\' , , ""IIIl " ".; >ii..<..,{.:......;;-;.. " ''''''''~~:H:,,'f.'~~j:. 2;,,-.:..~,\(;'~~ ~' MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 131 traffic on Highway 421. Even though the site is in an urban transition area with other non-residential uses, the proposed use will be in-harmony with the area and plan of development for New Hanover County. The site is wooded with a number of large pine trees which will provide an excellent screen for the tower. No trees will be removed and the access to the tower will not come off of Lobos Lane in order to be as unobstructive as possible. The proposed development will include a fenced in area with a self- supporting tower and a small equipment building. No guidewires will be used. All setbacks of the Zoning Ordinance have been met. Because of the character of the site with no removal of the trees and an access road off of the site, it is felt the proposed use will not have a negative impact on the surrounding properties. Attorney Eatman reported with respect to the use not substantially injuring the value of adjoining or abutting property or that the use is a public necessity, he feels that evidence has been submitted to satisfy General Requirement #3. A copy of a "certificate of Public Convenience and Necessity" as issued by the state of North Carolina utilities commission to Telespectrum, Inc. was presented to the Clerk to the Board and marked as the petitioner's Exhibit A. This certificate fulfills the requirement of public necessity. Attorney Eatman commented on the concern of many people about the negative impact of cellular communications towers on adjoining properties and introduced Mr. Graham Herring, a expert in the real estate industry, to comment on p~operty values. Mr. Graham Herring, a licensed real estate broker for the state of North Carolina with 25 years .of experience for site acquisition, residential and commercial development, reported after visiting the site and the general area with both conforming and non-conforming uses, he feels the proposed use will not have an adverse impact on surrounding properties from the standpoint of property value. The proposed use will conform and be harmonious to the development of this transition area. After reviewing the study prepared by F. Bruce Sauter & Associates entitled, "Cellular Phone Tower Impact Study", the petitioner's Exhibit D, he concurs with the findings and feels there should be no negative impact on surrounding property values. Attorney Eatman reported this concludes the presentation and based on the evidence presented, it is the position of the petitioner that the four general requirements have been satisfactorily met for granting the Special Use Permit. Chairman Greer asked what would have happened if the site had been located in a large residential area? Attorney Eatman reported there would be no choice but to request the tower in the residential area. commissioner Caster inquired as to the transmission radius of the tower? Mr. Podsada reported the 180 foot tower would cover a two mile radius. Chairman Greer asked if space will be rented out on the tower? Ms. Podsada reported space will be rented if the situation presents itself. Attorney Eatman reported the policy of Sprint Cellular is to eliminate tower proliferation whenever possible. From a revenue generation standpoint, the answer to the Chairman's question would be no; however" if renting space will prevent the construction of another tower" the 'company will consider renting the space~' ~ I ( i MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 132 commissioner Caster commented on the 600 foot,tower to be constructed by New Hanover County and asked if Sprint Cellular could tie on to that tower? Mr. Podsada reported from a frequency standpoint of view, higher is not always better. The 180 foot tower is more desirable in this area. Chairman Greer asked if other persons would like to comment. The following remarks were received: o Mr. Edward Nixon, owner of Parcel 8, expressed concern for the tower withstanding hurricane winds and the lack of lighting around the site. In his opinion, two houses would be destroyed if the tower fell during a storm. At the Planning Board meeting, Sprint Cellular indicated the tower could be moved further back'toward the River Road, but the company was not willing to pay for an access road. There was no mention of the location being limited to one- eighth of a mile. He stated Lobos Road is a private road and that placement of a tower in his front yard is not fair to him or any of the residents living on this road. The Commissioners were urged to deny the request for construction of the communications tower which will devalue all surrounding properties. Ms. Barbara Dinkins, a health care professional, expressed concern for the EMF study and reported she works with people who have radiation implants and is familiar with health problems relative to radiation. She reported on placing a call to the Federal Communications commission relative to the radiation problems that could be experienc~d by the adjoining property owners if the tower is placed on Lobos Lane, but as of this date, she has not heard from them. In her opinion, the placement of a 180 foot tower is not good for the public health and certainly will not enhance the ,neighborhood. Surrounding property values will decrease and if the tower should fall, homes will be destroyed. She urged the Commissioners to deny the request. o Ms. Vanness Brown expressed concern for her parents, who live on Lobos Lane, having to sit on their front porch and look at the tower daily. She reported on plans to construct a home next to her parents and stated, in her opinion, the tower will devalue her property. Even though this is not a large community, a tower of this type should not be placed in this neighborhood. Concern was expressed for the tower falling and the need to further study the health hazards before allowing Sprint Cellular to place this tower on the proposed site. Mr. Melvin Dinkins, a resident directly behind the tower, stated the tower will be less than 200 feet from his home, and he does not, want this tower located on the proposed site. He urged the Commissioners to deny the Special Use Permit. Mr. Ural Minter, reported the tower will be less than 150 feet from his home and expressed concern for a tower being constructed in this area. He urged the Commissioners to deny this request. Mr. Dollion Trottie, Jr. commented on the importance of this property to his family and urged the Commissioners to deny the Special Use Permit because the location of the proposed tower on this site will devalue surrounding properties. o Mr. Clyde Dinkins requested the Commissioners to remember that LobosRoad is a private road and stated the tower should not be placed on the proposed site. where homes could be destroyed if the tower should fall. Chairman Greer closed the Public Hearing. , - . Chairman Greer asked if the public use necessity iss?e would override the injury to adjoining properties? l e e e ~r;-i~' ~J,{ """"'III <, t'.~.H" ,..". ."t\$~'?+i ,~ ~"f J~.}"': MINUTES OF REGULAR MEETING, -JUNE 6, 1994 PAGE 133 Assistant Attorney, Kemp Burpeau reported if the use is determined to be a public necessity, it would override the injury to adjoining properties; however, findings must conclude that the proposed use will be in harmony with the area in which it is to be located. Chairman Greer asked who would determine if this is a public necessity? Assistant County Attorney Burpeau reported it would be up to the Board of County Commissioners. commission sisson commented on the resources available to a company of this size and reported an alternative site should be found. A 180 foot tower would not be pleasing to any residents and in terms of selling property, placement of this tower on the site would make a difference. Commissioner Caster stated he would not want a 180 foot tower in his neighborhood. It is not fair to the property owners living on Lobos Road to allow construction of a tower in their neighborhood. In his opinion, the tower should be constructed on another site. Motion: After further discussion, commissioner sisson MOVED, SECONDED by Commissioner Caster to deny the Special Use Permit based upon the evidence presented not satisfying General Requirements #2 and #4 which did not guarantee that the value of adjoining properties would be protected, or that the construction of a tower on the proposed site would be in harmony with the area. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an Order Denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 7. BREAK Chairman Greer called a break from 10:00 P.M. until 10:10 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY SARAH PERRY TO ESTABLISH A SMALL CONVENIENCE FOOD STORE ON THE WESTS IDE OF MYRTLE GROVE ROAD, 480 FEET SOUTH OF PINER ROAD (S-362) Chairman Greer opened the Public Hearing and announced the special use process is 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, New Hanover County Planning Director Claude Ellison Barbara Ellison Planning Director Hayes reported the Planning Board recommends approval of the request for the location of a convenience food store on Myrtle Grove Road with the following conditions: (1) move the existing structure 15 feet further back from the road right-of- way to improve entering and exiting the site; and (2) the use shall cease and desist upon the death of the current owner, Sarah Perry. The following findings of facts were presented: 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 small building (20' x 40') has been erected on the It will b~ served by. an individual well and County (a) site. sewer. ~ ". J ..... ( MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 134 (b) The property has direct access to Myrtle Grove Road. (c) The property is' located within the Myrtle Grove Volunteer Fire Department. (d) Setbacks are such that traffic hazards could be created for vehicles exiting the site by backing onto Myrtle Grove Road. 2. The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: o (a) Convenience food stores are permitted by Special Use Permit in the R-15 District. The property is zoned R-15. (b) The total area of land devoted to the use cannot exceed one acre. The applicant intends to use about 14,000 square feet of a 1.3 acre tract of land. (c) The proposed use is not within the interior of a subdivision. (d) Retail activity will be limited to the sale of convenience foods, beer, wine, cigarettes, canned goods and related goods. There will be no gasoline sales. (e) Four off-street parking spaces are provided. (f) No signage is displayed on the site plan. 3. The proposed use will not substantially injure adjoining or abutting property or that the use necessity based upon the following findings: the value of is a public o (a) There is a variety of housing in the area, including mobile homes and single-family structures. (b) The size and scale of the actual benefit it neighborhood. the facility casts some doubt as to will have for the surrounding 4. The proposed 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) The building proposed to house this operation is very small in comparison to nearby residential uses. (b) Historically, similar type uses have been located nearby though most have been the victim of obsolescence. (c) A major retail and commercial center has been developed just west of this location at Monkey Junction.. Chairman Greer inquired as to whether anyone from 'the general public would like to comment. o Mr. Claude Ellison, the son-in-law of Ms. Sarah Perry, reported Ms. Perry is ill and cannot attend; however, she would like to open a store on this property since she has operated a store for the past 25 years. , , _ _. Commissioner Barone expressed concern for the costs involved with moving the building and inquired as to why the Planning Board suggested granting the Special Use Permit with the conditions that the building should be moved 15 feet further back and tha~ the use would expire upon the death of the current owner? l ""'lI ... :h;;:;:t\;~~:;i" ,;' '-,\ , MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 135 Planning Director Hayes reported the existing structure is prefabricated and can be easily moved. Moving the building further back will greatly improve entering and exiting the site. As to the use expiring with the death of the owner, the Planning Board was concerned about the location of a new commercial use in this residential area; therefore, in order to ensure the use did not expand, this condition was recommended. e Commissioner sisson inquired as to how many convenience stores are located in this area? Planning Director Hayes reported only one to the south of this site, but there are numerous retail activities at the Monkey Junction area. staff Planner, Sam Burgess, presented slides of the site. Mr. Ellison reported the slides did not reflect the location of the house on the road. In his opinion, there is adequate land for five parking spaces and enough room for the cars to go around the building. He expressed concern for costs involved with moving the building and requested this condition be removed from the Special Use Permit, if possible. A signed petition with signatures of 200 people in the area who are not opposed to the operation of a convenience store on this site was presented. Chairman Greer asked Mr. Ellison if he agreed with the findings of fact as presented by the Planning Director. Mr. Ellison concurred with the findings with the exception of the building have to be moved back 15 feet. e Chairman Greer inquired as to whether anyone is opposed to the use of this site. Mr. Ellison reported he does not know of anyone in opposition to the request. Chairman Greer inquired as to what will happen to the building if Ms. Perry moves? Mr. Ellison reported the building will be demolished. commissioner Sisson expressed concern for the five parking spaces around the building and stated he does not see an exit to the site. with traffic on Myrtle Grove Road at 45 to 55 miles per hour, it would be dangerous for vehicles to back out on this road. Mr. Ellison reported there is no reason for anyone to back out on the road with the amount of land available. Mrs. Barbara Ellison, Sarah Perry's daughter, reported when the original plans were drawn, the plot was set up for five parking spaces for the square footage of the building. e commissioner Sisson reported if Ms. Perry decided to lease the business, there would be no way to require the new owner to keep the circulation pattern. He asked the Planning Director how this traffic pattern can be handled? Planning Director Hayes reported the Commissioners can issue the Special Use Permit with the condition that a circular drive be installed along the perimeter and loop around and behind the store. The Planning Staff can work out the logistics. commissioner Sisson stressed the importance of the driveway ~qt being blocked. Planning Director Hayes stated this is why the Planning Board . . I felt the building should be moved 15 feet further back. ...... ~ , ( , MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 136 Ms. Ellison commented on this being a low traffic store and stated many people in the neighborhood will walk and ride bicycles to the store. In her opinion, there will never be many cars parked on the site. commissioner Sisson, again reiterated the importance of having a proper exit to the site. c Motion: commissioner Barone MOVED to approve the Special Use Permit without requiring the building to be moved back 15 feet based upon the evidence presented satisfying the four general requirements contingent upon the condition that the use shall cease and desist upon the death of the current owner, Sarah Perry. The floor was opened for discussion. commissioner Caster recommended amending the motion to require an approved plan for a circular drive. Amended Motion: commissioner Barone AMENDED THE MOTION, SECONDED by Commissioner Caster to grant the Special Use Permit based upon the four general requirements . being met contingent upon the following conditions: (1) the use shall cease and desist upon the death of Sarah Perry; and (2) a circular drive shall be installed along the perimeter. The drive must loop around and behind the store. 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 7. PUBLIC HEARING TO CONSIDER A REQUEST BY CARLENE AND DON MCKEITHAN TO MODIFY A SPECIAL USE PERMIT TO EXPAND AN EXISTING CHILD DAY CARE FACILITY AT 6620 WINDMILL WAY IN DUTCH SQUARE SUBDIVISION (8-303, 10/89, REVISED 5/94) 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, New Hanover County Planning Director Carlene McKeithan, the petitioner Planning Director Hayes reported the applicant seeks to expand an existing child day care facility at 6620 Windmill Way in Dutch Square Industrial Park. A Special Use Permit for a portion of the existing operation was granted in October 1989. That permit allowed for the construction of a 2,400 square foot facility serving.58 children. The facility was enlarged in 1991 adding 1,500 square feet and increasing the enrollment to 85 children. Due to an oversight, the permit to allow this expansion was granted in the absence of an amendment to the original Special Use Permit. The owners- were notified of this oversight and were directed to request a Special Use Permit revision for the expansion. For reasons unknown, the request was never made. ~he applicant now desires to expand the current operation. Specifically, expansion plans call for the construction of a new, free-standing 3,000 square foot building that will add up to 50 additional children to the center's enrollment. If the Commissioners approve the latest expansion, it would encompass the previous revisions for the expa~sion that occurred in 1991.. The following findings of fact were presented: 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: ~ o o o e e e ""'l1lI * ,~,~;~.~ . '. MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 137 (a) The center will be served by County sewer and a private water system. (b) The site has direct access to Windmill Way and Old Dairy Road. Both of these roads have been constructed to minimum N. C. . Department of Transportation standards. Old Dairy Road is state maintained. Windmill Way is not on the state system, but is anticipated to be in the near future. (c) The site is located within the Ogden Volunteer Fire Department District. (d) The applicant has been issued a license by the state Day Care. Licensing Board to operate the existing facility. Application has also been made for a license to operate in the proposed building. (e) Industrial uses located nearby should not impact the children's welfare. 2. The proposed specifications of the findings: use meets all required conditions and Zoning Ordinance based upon the following (a) Child day care is permitted by Special Use Permit in the 1-2 Industrial District. The site is zoned 1-2. (b) A sufficient number of off-street parking spaces are illustrated on the site plan. (c) Fenced play areas are provided. (d) Access to the site is provided so that deliveries and pick-ups can be made without backing into the main road. (e) Identification signage with Ordinance requirements. plan. on the site currently complies No new signage is shown on the (f) The size of the facility- is adequate to accommodate the .135 children. 3. The proposed use will not substantially injure adjoining or abutting property or that the use necessity based upon the following findings: the value of is a public (a) The existing center has been in operation for several years. Since that time, nearby lots have been sold and subsequently developed. No information has been provided by property owners that the center has undermined property values in the area. 4. The proposed 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) The area is zoned 1-2 and 1-1. Nearby properties are developed with uses generally compatible with the center. These uses include: commercial services, light manufacturing, offioes, distribution facilities, and related activities. Chairman Greer asked Ms. McKeithan if she agreed with the findings of fact as presented? Ms. Carlene McKeithan concurred with the findings of fact as presented. She reported she was not aware she should have appeared before the commissioners for the first addition; however, she would like to expand the facility to take care of more children. ...oIIl ~- MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 138 Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve the modification of the Special Use Permit for expanding the existing child day care facility located at 6620 Windmill Way in Dutch Square Industrial Park based upon the evidence presented and findings of facts satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit Modification is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 7. Vice-Chairman Mathews complimented the Planning Director and staff for the excellent vicinity maps that were presented with the agenda packet. DISCUSSION OF PROCEDURE TO BE USED FOR SWEARING IN THE PLANNING DIRECTOR WHEN HOLDING PUBLIC HEARINGS County Attorney Copley reported when Public Hearings are held for the issuance of Special Use Permits, the Planning Director will be sworn in one time for all the proceedings. The Board concurred with this procedure in future public hearings. APPOINTMENT OF COMMISSIONER CASTER AND DEPUTY COUNTY MANAGER ANDREW J. ATKINSON TO SERVE ON THE NEW HANOVER .COUNTY PARTNERSHIP FOR CHILDREN AND APPOINTMENT OF COMMISSIONER SISSON AS AN.ALTERNATE MEMBER Dr. Mark Lanier, Chairman of the Partnership for Children, reported the North Carolina Partnership for Children, Inc., a private, non-prOfit organization, was founded in early 1993 to create and implement a comprehensive, outcome-focused plan. to enrich the lives of children through high-quality ,early childhood education, health care, and related services by bringing together families, communi ties, churches, businesses, non-prof it organizations, foundations, and the state and local governments to pursue innovative strategies that make better use of existing resources and build on the experiences and expertise of communities and existing institutions. This Committee is an active participant in the statewide initiative known as Smart Start. The enabling legislation for the New Hanover County Partnership for Children requests that each local partnership must appoint one County commissioner and the County Manager and/or an Assistant County Manager to serve on the local board. The Board of Directors will be composed of a diverse membership of individuals and agencies throughout the county. The Commissioners were requested to appoint one .County. commissioner and the county Manager and/or an Assistant county Manager to serve on the New Hanover County Partnership for Children Board of Directors. Chairman Greer reported a majority of the members of the Board of County commissioners did not support the Smart Start Program. He expressed concern for the Commissioners now being asked to appoint one county commissioner and the County Manager to serve on this group which is an active participant in the Smart Start Program. . Dr.. Lanier reported this concern should be addressed at the local level. The County's needs will be assessed by the ~ o o o """"11II .i.i~~~~;y f7, ~., MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 139 Partnership for Children Board of Directors and a local plan will be.developed to address the local needs of the children living in New Hanover county. commissioner Caster inquired as to the link with Smart Start? e Dr. Lanier reported $15,000 will be used from the Smart Start Program for the needs assessment in New Hanover County. The New Hanover county Partnership for Children will not receive any additional funds through the Smart Start Program from the State until there is another application for funds. The Smart Start Program is designed for the development of a local plan that is agreed upo~ in the local community. . Commissioner Barone inquired as to how the New Hanover County partnership for Children acquired the $15,000? Dr. Lanier reported the needs assessm~nt money is available to any county or partnership that desires to assess the needs of children through surveys and the collection of data. e commissioner Barone reported N. C. Representative Thomas Wright recently announced in the local newspaper that he would by- pass the Boards of County Commissioners if the local partnership boards do not agree with the programs he feels should be implemented. She stated she is not against Smart start, but she is against the County having to fund these new programs if in three years no State funds are available. The County is not in the financial position to fund new programs with the continued growth in federal and state mandates as well as the many agencies already being funded by New Hanover County. She, again, reiterated that she and the other Board members are not against long-term plans for children, but if the State opts out of this funding in the next two to three years, the Commissioners will be expected to fund these programs. Commissioner Sisson emphasized the importance of performing a needs assessment for children living in New Hanover County since no study has ever been performed. The Commissioners supported the Children's Initiative recognizing that if agencies work together, they can eliminate duplication of services and at the same time provide more cost effective programs and services. without performing an assessment of needs for the children living in the County, the various agencies will continue to request funds for the different programs. Chairman Greer reported a needs assessment study is needed; however, he does not want to mislead the local Partnership for Children by participating in the process. Dr. Lanier reported participation by the Board of County Commissioners would not be viewed as a commitment to apply for Smart Start. In order to proceed with performing the needs assessment, which will avoid duplication of services and the creation of additional unfunded mandates, the County's participation is needed in designing an approach to the needs of children and families living in New Hanover County. e Discussion was held on development of an alternative plan by the Board of County Commissioners. Vice-Chairman Mathews reported when the Commissioners did not vote to participate in Smart Start, the Board at that time decided that an alternative plan should be developed. Possibly, the information gathered by this group would be beneficial in developing a local plan. ' Dr. Lanier reported the New Hanover County Partnership for Children is the most broadly based group in the entire state because it represents approximately 85 agencies and organizations. ....oil ~ , ( MINUTES OF REGULAR MEETING, JUNE 6, 1994 PAGE 140 commissioner Caster reported, in his opinion, the Commissioners should participate in the assessments study because the County should be involved in the design of a plan for New Hanover County. The lack of information provided to the commissioners was a problem when the Board considered participating in Smart Start; therefore, if the plan is going to be developed, the County should participate. Chairman Greer asked, if any Commissioner would like volunteer to serve on the New Hanover County Partnership Children Board of Directors? to for o Commissioner Caster volunteered to serve. commissioner Sisson reported if no one had volunteered to serve he would have served; however, he will be glad to serve as an alternate if for any reason, Commissioner Caster cannot attend a meeting. He feels the needs assessments study should be performed and as a member of the Southeastern Center Board he will be aware of the progress being made by'this group. County Manager O'Neal requested that the Deputy County Manager be appointed to serve on the Partnership for Children Board of Directors. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to appoint Commissioner Caster as a, member of the New Hanover Partnership for Children Board of Directors; designate Commissioner Sisson as an alternate member; and appoint Deputy County Manager, Andrew J. Atkinson, to serve on the this board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner Sisson Vice-Chairman Mathews Chairman Greer o " ' voting Nay: Commissioner Barone MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 10:55 P.M. to hold a meeting of the Water &'Sewer District. Chairman Greer reconvened to Regular Session at 11:55 P.M. ADDITIONAL ITEMS DISCUSSION OF ENTERPRISE COMMUNITY PROPOSAL County Manager O'Neal reported the city of Wilmington has requested adoption of a resolution in support of the Enterprise Community Economic Zone Designation Application for the City of Wilmington, which is an essential element of the process to show a local commitment. The city has requested the County to commit to funding in the amount of $250,000, not in actual cash, but in a fund balance reserve designated for this project. Emphasis was placed on the fact that reserve funds will serve as collateral to leverage private money for high risk business loans. Approximately 25% of the loans default, which means if the County commits to $250,000 of funding participation, the county could anticipate expending approximately $62,500. In the information received earlier, the City indicated that County funds would probably not be used; however, after further inquiry there is a possibility that these funds will be tapped during the three-year period:- o This plan was approved by the U. S. congress in the last budget session for the establishment of Enterprise Zones for low to moderate income persons. A map was presented showing where the Enterprise Zones would be located, and no zones would be located outside the city of Wilmington. ~ """"IIIl ,~~'~1>~ ~"lIN MINUTES OF REGULAR MEETING, JUNE 6, 1994 P~GE 141 commissioner Caster asked what are the anticipated funds? e County Manager O'Neal reported the anticipated funds would be $250,000 from the County not necessarily to be used, but with the risk for default at 25%, there is a good chance that funds will have to be expended during the three-year period. He explained that funds are already allocated through various human service agencies throughout the community and the Enterprise Zone program will encompass services from these agencies. Commissioner Caster expressed concern for not having time to fully understand this matter and stated it is not fair to the taxpayers to approve a request without more information. Motion: Commissioner Barone MOVED not to support adoption of this resolution since there is a possibility that the reserve funds will be used. The motion was SECONDED by Chairman Greer. The floor was opened for discussion. commissioner caster, again, expressed concern for committing dollars without knowing what the program is about and how the Enterprise Zones will function. commissioner Sisson reported the City has been working on this project for the past several months; however, no information was provided to the Commissioners in time to thoroughly understand the plan. County Manager O'Neal suggested adopting a resolution in support of the program without the economic commitment from the County. e Motion withdrawn: commissioner Barone withdrew her motion. Chairman Greer withdrew the second to the motion. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to adopt a resolution of support for the Enterprise Community proposal with no funding commitment by New Hanover county because of the many services already provided by the County, which is a substantial contribution to the program. 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 XXII, Page 12. Discussion was held on the need to receive joint city/county proposals with proper background information and ample time for the Commissioners to review and understand the proposal before making a decision. County Manager O'Neal reported, for the record, the Assistant to the city Manager, Mike Hargett, was planning to attend the meeting, but due to the length of the agenda, he told Mr. Hargett it would not be necessary for him to attend. -- Consensus: After further discussion, it was the consensus of the Board for the Chairman or county Manager to write a letter to the City requesting that joint proposals be forwarded to the Commissioners in advance of meetings with sufficient information and thqt a representative be present to answer questions. Chairman Authorized to write a Letter to the U. S. Congressional Delegation Relative to Flow Control Chairman Greer reported, if agreeable with the Board, a letter will be forwarded to the U. S. congressional Delegation in washington, D. c., to encourage passage of legislation pertaining to flow control. ..... ~ ( ~~~U~~~ OF REGULAR MEETI~~, JU~~!, 199~ PA.~E .1~> Consensus: It was the consensus of the Board for the Chairman to write the U. S. Congressional Delegation for support of flow control legislation. DISCUSSION ON HYDRANTS NOT BEING INSTALLED IN SUBDIVISIONS Commissioner sisson reported fire hydrants are not being installed in subdivisions as required by the Zoning Ordinance. This is creating a problem for the Volunteer Fire Departments when responding to calls with a map indicating a hydrant should be in a certain place, and when arriving there is no hydrant. He requested the Commissioners to address this matter as quickly as possible by requesting staff to prepare a policy to be incorporated into the Zoning Ordinance which will clearly define the requirements for placement of fire hydrants in Subdivisions and the enforcement procedures. Hopefully, this policy can be in place before the end of summer. o DISCUSSION OF CANCELLATION NOTICE GIVEN TO TENANTS OF SHERWOOD VILLAGE APARTMENTS Commissioner sisson reported the Southeastern Center is in the process of reviewing all contracts with outside agencies. One of the contracts reviewed was with Sherwood Village Apartments for the provision of subsidized housing through HUD funds to provide living quarters for certain mentally ill people who are capable of independent living. In reviewing the contract, it was found the individual operating Sherwood Village Apartments is currently charging $450 per month for an efficiency apartment. In the same area of the city, a one bedroom apartment (which is a larger) rents for $375 per month, and a two bedroom apartment rents for $410 per month. The Southeastern Center Board authorized staff, to negotiate with this individual and he refused to negotiate the price;, therefore, there was no choice but to terminate the contract with Sl1erwood Village Apartments as of the end of the fiscal year. When this individual received the 3D-day cancellation notice, he complained about this procedure being in violation of the Fair Housing regulations, which appears to be a misunderstanding on his part. The HUD money will be used to provide other housing for these people, and five staff members of the Southeastern",Center, have been assigned to assist the people in relocating. It appears that this individual has used the HUD subsidy to pay for the cost of the apartments and make a profit. o DISCUSSION FIRE DISTRICT TAX RATE Commissioner Sisson reported currently there is one fire tax rate for all persons living in the Fire District. This tax rate does not reflect the burden placed on firefighters when responding to various ,types of fires or different types of buildings which often requires certain types of equipment and firefighting capabilities. with the recent revision of building inspection fees according to square footage, the County should consider adjusting the Fire District tax for the type of building rather than on a sguare footage basis in,order to differentiate between resid~ntial and industrial/commercial structures. Hopefully, the Commissioners can review alternatives to a flat fire tax rate. ADJOURNMENT Chairman Greer adjourned the meeting at 12:25 A.M. ~es e~tfully ,~~mitted, if~ L ie F. Harrell Clerk to the Board o . , \