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HomeMy WebLinkAbout1995-01-03 Regular Meeting e e - "'l M!INUTES~'OF REGULAR MEETING, JANUARY 3, 1995.' PAGE-'44'4 ~ . w:. ,< ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 3, 1995, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North ,carolina. Members present were: Commissioners Sandra Barone; William A. Caster; 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 TO THE FLAG Deputy County Manager, Andrew J. Atkinson, invocation. gave the Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No comments or items were received. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Item 3, and Commissioner Barone requested removal of Items 7 and 8 from the Consent Agenda for further discussion in Regular Session. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to remove Items 3, 7, and 8 from the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on December 19, 1994, as presented by the Clerk to the Board. Appointment of Harold P. Scott and Thomas E. White to Serve on the Firemen's Relief Fund Board The Commissioners appointed Harold P. Scott to replace Richard Dunlea, Jr., and Thomas E. White to replace Mr. Robert Ashworth, Jr. on the Firemen's Rel'ief Fund Board as recommended by the Seagate Volunteer Fire Department. The North Carolina Department of Insurance administers the Fireman's Relief Fund. Adoption of Resolution Approving the New Hanover International Airport Water System Local Water Supply Plan The Commissioners adopted a resolution approving the New Hanover International Airport Water System Local Water Supply Plan, dated December 20, 1994, to be submitted to the N. C. Department of Environment, Health and Natural Resources, Division of Water Resources. This plan is to be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the N. C. Department of Environment, Health and Natural Resources in accordance with N.C.G.S. 143-355(1). A copy of the resolution is hereby incorporated as a part of the minutes and is-contained in Exhibit Book XXII, Page 26. ~ / , MINUTES OF REGULAR MEETING, JANUARY 3, 1995 ... .... ...... " - ... , PAGE 'H~ Adoption of Resolution Approving the Local Water supply Plan for the Flemington Water system The Commissioners adopted a resolution approving the Flemington Water System Local Water Supply Plan, dated December 20, 1994, to be submitted to the N. C. Department of Environment, Health and Natural Resources, Division of Water Resources. This plan will be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the N. C. Department of Environment, Health and Natural Resources in accordance with N.C.G.S. 143-355(1). o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 26. Budget Amendment #95-0099 - Animal Control Facility The Commissioners approved the following Budget Amendment to decrease the installment payment budgeted for payment on the Animal Control Facility. Because of the increase in interest rates, it is prudent to appropriate fund balance to fund the cost of the facility. Budget Amendment #95-0099 - Commissioners/Non-Departmental/Transfer to Other Funds Debit Credit commissioners Appropriated Fund Balance $572,652 Non-Departmental Installment Payment $190,000 Transfer to Other Funds Transfer to Capital Projects , $762,652 o Report of Budget Amendment #95-0095 for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: . Non-Departmental/Environmental Management Debit Credit Non-Departmental Transfer to Other Funds Transfer Out-Environmental Management $609,452 Non-Departmental Principle on Bonded Debt Principle on Bonded Debt $465,000 Non-Departmental Interest on Bonded Debt Interest on Bonded Debt $144,452 Environmental Manaqement/Landfil1 Operations Debt Service $609,452 Environmental Manaqement Transfer In/General Fund $609,452 Purpose: To move the debt service from the 1993 Solid Waste Special Obligation Bonds into the General Fund because these bonds are secured by general fund revenue as recommended by McGladrey & Pullen CPAs, the County's external auditors. This change is for accounting purposes only as approved by the Board of County Commissioners on December 5, 1994. o Report of Budget Amendment #95-0098 - Human Services Transportation The following Budget Amendment was approved by the Budget Officer and is being reported for the record: e e e , j i.,', 'f1~:'~';"~i::!~l;~:;',,:\~'i;:~~;~,~, . ..' \ .\:" " "III ,~ .,:..;\..,' ~J' ..'h....:.':-'. ~.~,~ ,~,!~(" ,,;;"i;;,'~ ...~,1I ~,. ',.,,' . 0'1' '; ,~'lf'-1 " ,....~. :{ b' MINUTES OF REGULAR MEETING, JANUARY 3, 1995 \ , PAGE 446 Budget Amendment #95-0098 Human Services Transportation Debit Credit Human Services Transportation DOT 18-B-2 Vans (Federal) DOT Vans-18 (State) $1,187 255 Human Services Transportation Motor Vehicles TDP Match $1,695 $ 253 Purpose: To record radios for vans received in FY 1995 from FY 1994 grant. Approval of Budget..Amendment #95-0100 - Planning Department The Commissioners approved the following Budget Amendment: 95-0100 Planning Department Debit Credit Planninq Department CAMA Grant $10,608 CAMA Flow Thru .printing Departmental Supplies Training & Travel Part-Time Salaries $4,028 $ 500 $ 250 $ 250 $5,580 Purpose: To budget additional CAMA grant funds from the State. Ratification of Appointments to the New Hanover County Human Relations Commission The Commissioners ratified the appointment of the following persons to serve on the Human Relations Commission by the appropriate affiliation. Mrs. Cavenaugh and Mr. Teed were .app,ointed some time ago, but their names were not submitted for 'ratification by the Board of County Commissioners. 't~ Name Janice Cavenaugh Term Expires 12/31/95 (unexpired) Affiliation Board of Education John Teed 12/31/95 (1st Term) Chamber of Commerce Bessie Funderberg 12/31/97 (2nd Term) NAACP Authorization for New Hanover county to Enter into an Agreement with the General Electric company for an Off-site Emergency Response Program and Approval of Budget Amendment #95-0106 Emergency Management (Consent Agenda Item 3) Chairman Greer inquired as to whether the contract should place a limit on the amount of liability that could be incurred by the County if an incident should occur under this program? county Attorney Copley explained that the party involved would have to prove that the County program, which in her opinion, f91lows the plan. was negligent in preparing the would not occur if the County Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve Consent Agenda Item 3 authorizing the County to enter .into an agreement with the General Electric Company acting through its Nuclear Energy Production Component, to develop an Off-site Emergency Response Program in the event of a chemical or radiological release or hazardous materials incident near the General Electric Plant, and to approve the associated Budget Am~ndment as listed below. The County Manager was authorized to execute the contract documents. t ~ .... / MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 44? Budget Amendment 95-0106 - Emergency Management Debit Credit Emerqencv Manaqement Contribution $15,000 Salaries & Wages FICA Departmental Supplies Training & Travel Capital Outlay - Equipment $ 3,800 $ 290 $ 3,410 $ 1,200 $ 6,300 o Purpose: Emergency Program. To budget contribution from General Electric for Management to provide an Off-site Emergency Response Acceptance of Planning and Management Grant Through the N. C. Coastal Management Program for Development of a Watershed Management Plan for Futch Creek (Consent Agenda Item 7) Commissioner Barone requested a definition of the in-kind match in the amount of $4,025? Assistant County Manager, Dave Weaver, reported this figure represents the amount of staff time that will be involved in the preparation of the Watershed Management Plan for Futch Creek. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to accept the Planning and Management grant through the N. C. Coastal Management Program for development of the Watershed Management,Plan for Futch Creek as presented by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Resolution to Exempt New Hanover county Projects from the Procurement Procedures Set Forth in G.S. 143, Article 3D, for ArChitectural, Engineering and surveying Services for Projects Less than $30,000 (Consent Agenda Item 8) Commissioner Barone inquired as to the current amount of projects that fall under the exemption? o Finance Director, Bruce Shell, explained that the $30,000 figure had not changed, but the proposed resolution was being presented for approval to ensure that all procedures have been followed under the General Statutes. MOTION: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution to exempt New Hanover county projects from the Procurement Procedures set out in G.S. 143, Article 3D, for architectural, engineering and surveying services for projects less than $30,000. 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 26. " j PRESENTATION OF NEW HANOVER COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT BY MCGLADREY , PULLEN FOR FISCAL YEAR ENDED JUNE 30, 1994 Mr. Sam Rose, representing McGladrey & Pullen, presented the New Hanover County North Carolina Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 1994. He presented background information on the compilation of the report and commended the Finance Department for an excellent job in preparing the report. He also expressed appreciation for the cooperation received from all departments during the audit review. o The following highlights of the report were presented: 1. The financial statements as presented fairly represent the financial condition of New Hanover county as of June 30, 1994, and have been prepared in accordance with generally accepted accounting principles for local "-(,.~.~i~I,;\,'t'9-''''{ffi: ,.~,:tiJU ~~~ft.:9.'" ~ , . , i~'t1:~'~~~;;';~:::~::;;-j::"n" , . ~ ,1:-:- ~. \ ':::~f~~~y}:{~~~!'~~~~~t~J~~'~~~' " ""l MINUTES OF REGULAR MEETING, JANUARY 3, 1995 2. e 3. 4. e PAGE 448 governments as prescribed by the Governmental Accounting Standards Board and the American Institute of certified Public Accountants. Opinions on overall compliance to material respects was excellent. There are some internal control weaknesses listed on Pages 220, 221, 222, 226, and 231 and the Finance Department has been requested to pay particular attention to these items. There was a tremendous amount of change in the County during the past year, particularly in accounting procedures. Some changes were reflected in the component units and blended component units. The New Hanover County Alcoholic Beverage Control Board, New Hanover Regional Medical Center, and New Hanover County Airport Authority were discretely presented as component units and in a manner similar to an enterprise fund. A significant accounting change was made related to the Environmental Management Enterprise Fund. In previous years, the County was not required to recognize the closure cost of cells related to landfill activities. Under the new procedure, an estimate was made of post closure costs until the year 2050. This cost estimate represented a $2.6 million liability in the Balance Sheet as of June 30, 1994. As a result of reducing the tip fee at WASTEC, the County incurred a loss of $2.3 million in the Environmental Management Fund versus a $253,000 gain last year. Chairman Greer inquired as to whether the $2.6 million brings the County up to date on closure costs? Mr. Rose responded this figure brings the County up through June 30, 1993. .\ Deputy County Manager, Andrew J. Atkinson, reported this accounting procedure provides for allocating costs as the landfill is used instead of waiting until the cells are closed to appropriate funds. Also, the Environmental Management loss of $2.3 million was presented on a full accrual 'basis instead of a budgetary basis, which reflects the loss at approximately $350,000. 5. The property tax collection rate for New Hanover County increased from 97.78% to 98.56%, which is above the State average for similar size counties with populations of over 100;000. 6. The fund balance as of June 30, 1994, was 19.1% compared to 19.4 % last year. In summary, Mr. Rose reported New Hanover County is in excellent financial condition and stated he would be glad to answer questions. e Motion: After discussion of New Hanover County being financially sound and the excellent job performed by the Finance Department, Vice-Chairman Mathews MOVED, SECONDED by commissioner Barone to accept the financial report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the,report is on file in the Finance Department. ADOPTION OF ORGANIZATION STRUCTURE FOR THE HUMAN RELATIONS COMMISSION County Manager O'Neal informed the Board that in order to ensure clarity of responsibilities between the county Manager and the Human Relations Commission as to supervisory roles involving the Director of Human Relations, numerous meetings were held with ...Ill MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 449 members of the Human Relations Commission and County Staff. As a result of these meetings, the Human Relations Commission expressed the following concerns: (1) being allowed to participate in the selection process of a Director for the Human Relation~ Department; (2) being involved in the evaluation of the Director with the County; and (3) being involved in the termination procedures. It was made clear that the ultimate authority to terminate the Director of the Human Relations Department would be made by the County Manager. In summary, the Commissioners are requested to adopt the following policies as the organization structure for the Human Relations Commission: o 1. Recruitment and Selection Procedures 2. Disciplinary Procedures 3. Performance Review Procedures 4. Release of Personnel Records Chairman Greer reported that changing the title from Executive Director to Director was discussed at the Staff Meeting and it was generally agreed that the title should be changed'. He also referenced Paragraph 5 on Page 3 under the Recruitment and Selection Procedures and recommended removing the names of newspapers. commissioner Sisson recommended using the following language in Paragraph 5: "Notice of the vacancy will be distributed through the normal outlets, for example this might include...." Chairman Greer referenced Page 5 under the first paragraph, which states that no disciplinary action may be taken against the Executive Director of the Human Relations Commission without prior approval of the County Manager or his designee, and inquired as to why this statement was necessary? o County Manager O'Neal responded that the purpose of this statement was to show that the County Manager or his designee would be the person to make the final decision on a disciplinary action, not the Human Relations Commission. The policies were prepared to clearly define the responsibilities between the Manager and the Human Relations Commission as it relates to supervisory roles involving the Executive Director. Motion: After further discussion, commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the policies as presented for the organization structure for the Human Relations Commission wi th the recommended amendments: (1) amend Paragraph 5 of the Recruitment and Selection Procedures to read as follows: "Notice of the vacancy will be distributed through the normal outlets, for example this might include..."; and (2) change Executive Director to Director ~hroughout the Ordinance in the New Hanover County Code and in all other policies. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O'Neal complimented Deputy County Manager Atkinson for an outstanding job in serving as the "Acting Director" of the Human Relations Department, which has enabled Staff to work with the Human Relations Commission in preparing the policies and procedures that were presented. o ADOPTION OF RESOLUTION TO GUARANTEE FUNDING TO THE CITY OF WILMINGTON FOR EXPENSES INCURRED WITH DEMOLITION OF THE DOWNTOWN PARKING DECK Chairman Greer announced this resolution was presented on December 5, 1994, at which time, action was deferred until January 3, 1995. ",,~ 1 ' ..... f'h~, .,c':; ~ t,.f;, j' 'of;' ,~ MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 450 commissioner sisson recommended changing the resolution to reflect that tax money accruing from this project would be earmarked for school maintenance and renovation. In his opinion, this would be beneficial to both City and County residents. Chairman Greer expressed opposition to the proposed amendment because of a legislative goal that will allow counties to adopt a local option sales, tax to be used for school capital needs. e commissioner sisson reported based on this fact, he will withdraw the proposed amendment; however, if the General Assembly does not approve the local sales tax option, he would like to revisit this issue. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the resolution to guarantee funding in an amount not to exceed $600,000 over a five-year period to offset the operating loss resulting from the demolition of the parking deck, and to pay the City of Wilmington a sum not to exceed $400,000 if the downtown office building project should be terminated before December 31, 1996, through no fault of the City. The floor was opened for discussion. commissioner Barone reported on being supportive of the PPD project, but expressed concern about taxpayers being annexed and at the same time being asked to contribute to a City project. She, also, expressed concern for not allowing other firms to submit proposals. Substitute Motion: commissioner Barone made a SUBSTITUTE MOTION to , delay action for 30 days to allow other firms to submit proposals i for consideration under the same terms and conditions. The floor , .. was opened for dlScusslon. e commissioner Sisson inquired as to whether there was another firm interested in the site? :; commissioner Barone responded she felt the process should be opened to all interested firms. , ..l," Chairman Greer called for a SECOND TO THE MOTION. NO SECOND WAS RECEIVED. commissioner Barone WITHDREW THE SUBSTITUTE MOTION. Chairman Greer calJed for a vote on the ORIGINAL MOTION for adoption of the resolution as presented. Upon vote, the MOTION "CARRIED UNANIMOUSLY. A copy of the "resolution is hereby incorporated as a part of th~ minutes and is'contained in Exhibit Book XXII, Page 26. i BREAK Chairman Greer called a break from 7:24 P.M. until 8:45 P.M. e PUBLIC HEARINGS ,,i Chairman Greer announced that Mr. Philip Owensby had requested the Board to hear the Landmark Developers' rezoning petition before his appealed case ~ecause the outcome could affect his case. , ",'< Consensus: After' no opposition from the public, it was the "consensus of the Board: to hear the Landmark Public Hearing first instead of second as listed on the agenda. ~;'i/t" PUBLIC HEARING TO 'CONSIDER A REQUEST BY LANDMARK DEVELOPERS TO R~ZONE-62.5 ACRES ON THE WEST SIDE OF NORTH COLLEGE ROAD AND EAST > ciF~NORTH KERR AVENUE TO, CONDITIONAL USE 1-1 INDUSTRIAL (39.8 ACRES) ,!'AND CONDITIONAL USE:,B,.;2' BUSINESS (22.7 ACRES) FROM R-15 RESIDENTIAL f (Z';.518, 12/94) '""yo 7 Chairman Greer opened the Public Hearing and announced that . -\ ,. r' ~ MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 451 Conditional Use zoning requires issuance of a Special Use Permit; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Chris Stephens Margaret Gray Terry Wilkerson Joel Rhine R.M. Dougherty Sheila Dougherty Louis Lamb Lenora Padgett Barney L. Padgett Sharon S. Herring David Henry, Jr. Joanne Lanio Martha Cameron Tony Cameron Donald Marlowe o Planning Director, Dexter Hayes, reported the Planning Board voted to rezone the property with several modifications contingent upon the following design conditions: 1. Rezone Lots 2 through 4, Lots 14 through 27, and the cemetery parcel to Conditional Use 1-1, excluding the triangular area in the southwest perimeter of Lot 21 and the northwest perimeter of lot 26. 2. Rezone Lots 10 through 13 and the retention pond area to Conditional Use B-1, excluding a small triangular area adjacent to Parcel H owned by Jerry Raynor. o 3. Establish a minimum 75 foot buffer along the west side of North Kerr Avenue adjacent to Lots 21 through 26. 4. Limit the height of buildings along the North Kerr Avenue Road frontage to two stories or 30 feet. 5. Exclude the following uses for eligibility from the 1-1 District portion of the project: (a) adult entertainment establishments; (b) septic tank services; (c) Dry cleaning plants; (d) noise sensitive uses; and (e) buildings used primarily as places of assembly, such as schools, churches, day care services and related uses. 6. No manufacturing activities shall be permitted on Lots 21 through 26 until a separate Special Use Permit has been obtained. 7. All signage must comply with the Special Highway Overlay District standards for area and height. 8. Require turn lanes for the North Kerr Avenue entrance subject to NCDOT design standards. o The cemetery must be preserved as a separate parcel, and appropriate access granted to the caretakers or future owners as applicabl~. ' A number of residents from the Farmington SUbdivision, located on the west side of North Kerr Avenue across the street from the project, spoke in opposition to the plan. They felt that a planned industrial development would reduce the property values, increase traffic hazards in an area already sUffering severe congestion, and possibly create health risks by introducing the handling 'of hazardous materials in close proximity to residential uses. An " , I 9. "III , ,., ,.., ~';~!i~'if:\tJJ:i~i; -, MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 452 e attorney was retained by one of the neighbors, and he offered similar arguments at the Planning Board meeting. He argued that the site plan as submitted was insufficient because .the exact land uses planned for each lot were not illustrated. The modifications and conditions imposed by the Planning Board and generally agreed upon by the applicant reduced some of the concerns expressed by the surrounding neighborhoods. It should be noted, however, that several residents still oppose the plan as long as access is permitted to North Kerr Avenue. Planning Director Hayes reported the applicant seeks to establish two distinct conditional use districts as follows: one for industrial use and one for business use. 1. The site consists of 62.5 acres with 22.7 acres proposed for conditional use business and 39.8 acres for conditional use industrial. The site would be subdivided into 27 lots ranging in size from one to two acres. 2. There would be eight (8) business lots and nineteen (19) industrial lots. 3. Access to the site and through the site would be by newly constructed private roads connecting North College Road with North Kerr Avenue. Turn lanes and acceleration lanes will be installed per NCDOT requirements. 4. Setbacks shall be in accordance with existing standards, except that the site plan calls for the establishment of a minimum 50 foot setback/buffer along the site's entire perimeter excluding the North College Road frontage and the area adjacent to the existing B-2 Business to the north. No building is projected to exceed 35 feet in height. e 5. The site plan provides construction timetables, vegetation and drainage. general traffic details concerning impacts, on-site Planning Director Hayes presented slides on the proposed site. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed conditional use districts. The following comments were received: e Mr. Chris Stephens, Vice-President of Landmark Developers, reported on working for six months to prepare a zoning request that would be satisfactory to adjoining property owners, New Hanover International Airport, the N. C. Department of Transportation, and the Planning Department. .After much discussion with the Airport Authority and Airport Officials, it was concluded the property should not be used for residential use because of the future e~pansion of the Airport and its runways. Also, with the rapid grpwth in this area, there is a definite need to provide business services to the surrounding communities. The last new single- family home construction was in 1976; therefore, the proposed Conditional Use 1-1 and Conditional Use B-2 would be appropriate for this tract of land. The Commissioners were requested to approve the rezoning request as recommended by the Planning Board, which is in compliance with the County's Policies for Growth and Development. Attorney Joel Rhine, representing the adjoining property owners, commented ,on a petition already submitted to the Planning Board reflecting 87 signatures in opposition to the proposed r.ezoning, and he presented another petition with 45 additional signatures, marked as Exhibit 1. The following concerns were p~esented in opposition to the proposed rezoning: ~ , i , I MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 453 1. The rezoning application fails to meet the County's conditional Use District application requirements as stated in section 59.7-3.2(c), Content of the Application, which states the exact use of the property must be known. The application does "not" show the exact use of the property. 2 . The policies for Growth and Development specifically state that encroachment upon residential neighborhoods by more intensive land uses shall be avoided. The proposed use does not comply to this requirement. If approved, the use "will" encroach more intensIve land uses on several surrounding residential neighborhoods. The residents of this area do not feel additional commercial property is needed at this time and want this property to remain residentially zoned. 3. Industrial Development policies: The city and County shall encourage land use compatibility between the new industrial sector and the residential and commercial sector. The question to be answered is if the proposed use is compatible? Out of 133 persons surveyed, 132 people feel the use is not compatible. In this case, industrial uses will be placed in the front yards of many residents, which is not a compatible use and will decrease the value of the surrounding properties. . Attorney Rhine reported the proposed rezoning does not comply to the County's policies for Growth and Development nor does it satisfy the four general requirements when granting a Special Use Permit for the Conditional Use. To allow 18-wheeler trucks to use North Kerr Avenue, which already is overcrowded with 6,800 cars daily, will endanger the public health and safety of the residents, particularly the safety to children, which was evidenced by the recent death of a 9-year old child on this road. To place an industrial park in the front yard of a residential neighborhood will reduce the value of the properties, and this use will not be in harmony with the area in which it is to be developed. Also, the cemetery on the property must be protected in an orderly manner. Attorney Rhine requested the Commissioners to deny the rezoning request; however, if the request is approved, the residents should be protected from having another access on North Kerr Avenue, or require the applicant to exhaust all alternatives to acquire other property in the area that would be more suitable for the proposed use. Chairman Greer inquired as, to whether the conditional use district can be approved without knowing what will be constructed on the specific lots? Assistant County Attorney, Kemp Burpeau, reported discussion was held with the Planning Director about this matter, and it was felt that if the party showed a sample of the most intensive use, the most demanding setbacks, and the most adverse possible use with a list of prohibited uses, the spirit of the ordinance would be fulfilled. _ Commissioner sisson reported on the need to see building footprints and asked if these had been provided? Planning Director Hayes referenced the plan and reported that on Lot 24, there is a 75 foot buffer that has been imposed with the layout of the building in the corner showing the interior lot and required landscaping with a 3-story typical configuration. This type of plan has been accepted in the past; however, whether the ordinance was intended to allow more than one lot to be approved at a time under a conditional use, is not known because this issue is not addressed in the ordinance. It was the opinion of the Planning Staff that if the plan showed the layout of the worse use that o o o e e e ~, J 'W.~i:o:f,?~~;~t~.:t'~f,l)l~;l;)'~;'~~'J, ;,:~l~;" " .>:?i ';" ,.j' ;,,~, '2' "~j- t . '. ""l . 01'1',"""'''' ".,..," l"~ i~Q.tJ:~4;'i'r '<i(.\~;{:~:'i~<~if"':; " MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 454 could occur on the property, and this situation was addressed with a list of prohibited uses, this would be sufficient. Commissioner sisson reported this was not the intent of the conditional use district when the ordinance was approved. The purpose of the conditional use was to review one parcel at a time, and zoning cases with multiple lots were never envisioned. Planning Director Hayes reported other projects have been approved on the multiple lot basis, such as NorthChase with several prohibited uses. If the Commissioners feel this should be changed, the ordinance can be administered in a different manner. Chairman Greer expressed concern for this being a gray area in the ordinance. Planning Director Hayes reported if the ordinance is amended, each individual parcel would have to be approved on a lot-by-Iot basis, which is quite timely. Chairman Greer asked if some of the residents were in agreement with this, plan being presented tonight? Mr. Stephens responded that many of the neighbors were pleased with the revised plan, particularly the residents of the Brierwood Subdivision. Numerous meetings were held to understand the concerns in the community. The Brierwood residents expressed a desire to move County water and sewer closer to the subdivision; the need to have buffering-in the area; and the need to continue to use a road on the property, which was addressed. Landmark has '"tried to address the concerns through the modifications to the '~ptan. The entire issue is the Airport and its future expansion which does not make this site ideal for residential use. The iritent of the use is to show the most stringent uses and the required setbacks. As to the traffic and speed limit on North Kerr Avenue, Landmark is also concerned about the safety of children, 'and the Planning Board is writing a letter to the N. C. Department 'of~'.Transportation (NCDOT) to see if the speed limit can be reduced; lhowever, it appears NCDOT will not reduce the speed limit more than tep miles per hour. Commissioner sisson inquired as to whether a survey has been performed on the number of graves in the cemetery? " e Mr. Stephens responded that Landmark had not performed a survey and was not aware of any other graves in the area. After meeting with Mrs. Gertrude Moore, who owns the cemetery, Landmark agreed to allow the ownership to remain unchanged and the right of acpess to be maintained. with the proposed fencing and buffering, t~~ size of the cemetery will be doubled. ~' Ms. Joanne Lanio reported a majority of the residents were not no~ified when Landmark held their meetings nor were residents living on Gordon Road and No~th Kerr Avenue. In her opinion, a 'person's residence is the- largest investment made during a life time, and to allow an industrial park to locate across the street in' front of homes in a residential area is not fair. This will devalue the surrounding properties of 132 residents, and the Commissioners were urged to protect the surrounding residential properties by denying the rezoning request. Chairman Greer inquired as to whether persons were notified on North Kerr Avenue and Gordon Road? Planning Director Hayes reported all adjacent property owners aS,shown on the map were notified; however, the residents on North 'Kerr Avenue were not notified because they were not adjacent "property owners. J ..... MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 455 commissioner sisson expressed concern for the residents of North Kerr Avenue not being notified and stated this lack of notification has occurred several times because properties were not adjacent to the site being rezoned. He recommended using a radius area around the site as the criteria for notifying property owners. Attorney Rhine, again, pointed out the unfairness of an industrial park being placed in the front yards of 132 people who do not want commercial development. The Commissioners were urged to know all the facts about the site before granting the Conditional Use District. Mr. Donald Marlowe, a resident in front of the proposed industrial park, commented on the negative impact of the proposed plan to his home and community. He expressed concern for the small pine trees on the proposed buffer area, and the increase of traffic on an already congested road, and stated, in his opinion, the developer is only interested in making money. The Commissioners were urged to deny the request. Chairman Greer closed the Public Hearing. commissioner sisson inquired as to the depth of Lots 22 and 23 after taking into account the 75 foot buffer? Ms. Gray responded 200 feet. commissioner sisson reported the residential area could be protected by not permitting an access road on North Kerr Avenue. Also, another alternative would be to reduce the industrial part of the development by removing Lots 18-21 and Lots 22-27 with location of a cul-de-sac instead of an access road on North Kerr Avenue. '" Planning Director Hayes reported the County requires a '1,000 foot length for a dead end cul-de-sac. If a cul-de-sac was installed, the only access to the property would be off of College Road. 'There is property for sale off of Gordon Road that might provide another access to the south; however, this would require the purchase of additional land. He reported from a strategic transportation point of view, if, and when, the connector from Gordon Road to North Kerr Avenue is constructed in accordance to the Thoroughfare Plan, which is shown on the petitioner' splan, this would provide an excellent access to the southern part of the property. After discussion of constructing a cul-de-sac and the need to have a second access, the Planning Board decided to address this matter by requiring North Kerr Avenue to be widened with turn lanes .installed subject to DOT design requirements. " commissioner sisson expressed concern for turn lanes not being the answer to an already hazardous traffic situation on North Kerr Avenue and stated, in his opinion, to zone this area to an industrial district would be a disaster. Mr. Stephens reported Landmark would have no problem with providing a cul-de-sac if County standards were not exceeded; however, the Planning Board felt that emergency access must be considered, which would be a problem with a dead end cul-de-sac. commissioner sisson recommended acquiring an alternate access via Gordon Road. Mr. Stephens responded that acquiring the access might be difficult since the property is semi-developed with construction of a road and possibly some sewer. Chairman Greer inquired as to whether the conditional use zoning can be approved contingent upon providing an alternate access that would not be located on North Kerr Avenue? o o o ~~,F,;1',r:::'V'f~~" ,)w,'t..,.,..,,-..~, A ""I .; I:;iv~\;~l"t''".j {~h' "",", ' MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 456 Planning Director Hayes responded that the case would have to be continued in order for the plan to be modified to reflect an alternate access. e Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to continue the Public Hearing to allow the petitioner to see if an al ternate access could be established other than on North Kerr Avenue or if a cul-de-sac could be developed under acceptable County standards. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the, petition presented by Attorney Rhine, marked Exhibit I, is on file in the Planning Department under the case file. PUBLIC HEARING TO CONSIDER AN APPEAL BY PHILIP OWENSBY TO REZONE 1.92 ACRES AT 2016 FARLEY ROAD TO B-2 BUSINESS FROM AR AIRPORT RESIDENTIAL (Z-510, 10/94) Planning Director Hayes reported this is a continued item from the December 5, 1994, meeting at the request of Mr. Philip Owensby. The Planning Board voted unanimously to recommend denial "of the applicant's petition feeling that the site did not have direct access to any road currently designated on the County's Thoroughfare Classification Plan, a crucial requirement for the establishment of non-residential zoning districts. There was no public opposition expressed at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning. The following remarks were received: e Mr. Phillip Owensby, the petitioner, reported when this case was continued last month, he was not aware the petition could be modified. Since the Landmark request was just continued and his ,prpperty is adjacent to the site, he would like to modify the plan from B-2 Business to 1-1 Conditional Use in order to be more ; compatible with the Landmark zoning. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to allow Mr. Owensby to resubmit his petition from B-2 to 1-1 Conditional Use in conjunction with the Landmark request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN CHAUVIN TO REZONE .89 ~F1AN ACRE ON THE SOUTH SIDE OF GORDON ROAD WEST OF MARKET STREET TO 0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-520, 12/94) Chairman Greer opened the Public Hearing. e Planning Director, Dexter Hayes, reported the Planning Board agreed with Staff that the proposed zoning would be appropriate for the site. They noted that non-residential zoning east and west of the property had reduced residential appeal for single family uses. Tney also noted the 'area between Market Street and the Dutch Square Industrial Park was in a state of transition, which supported the development of uses more compatible with the general area. One adjoining property owner of Parcel D told the Planning Board that rezoning the site would lead to further zoning changes and more intensive uses as well as negatively affect the use of his property foi residential purposes. Chairman Greer inquired as to whether anyone from the general public would like' to comment on the proposed rezoning. The ~~llowing remarks were received: Mr. John Chauvin; the petitioner, reported since the land is between commercial properties, the best use of the site would be 0- 'I,<Office and Institution. 'The proposed zoning is consistent with '" ...... MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 457. the County's policies for Growth and Development, and the Commissioners were requested to approve the request as submitted. Mr. Wayne Lewis, an adjacent property owner, expressed opposition to the proposed rezoning because of the negative impact to his property and the encroachment of commercial development into a residential neighborhood with the construction of a multi-level office building. He requested the Commissioners to deny the rezoning request. Chairman Greer closed the Public Hearing. o commissioner Barone inquired as to whether there is a height restriction? Planning Director Hayes responded there is a height restriction of 40 feet. Mr. Chauvin reported he did not plan to construct a four-story building on the site and stated the design, scale, and use will be compatible with the area. Commissioner sisson reported where a conditional use zone transitional area. this is a should be classic example of established in a Mr. Chauvin reported the original request was conditional use zone; however, this would requ~re 25% existing home space, which would not leave enough space building. for a of the for the Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Commissioner Caster to rezone .89 of an acre on the south side of Gordon Road west of Market Street to 0-1 Office and Institution from R-15 Residential as recommended by the Planning Board. The floor was opened for discussion. o commissioner sisson commented on Staff feeling that the zoning should be approved with the understanding that further expansion of non-residential zoning should only be considered east of Dutch square, and he requested the motion to be amended to include this recommendation. commissioner Barone reported she was not comfortable with including the recommendation in the motion. Substitute Motion: After further discussion of the need to better control the site plan, Commissioner sisson MOVED, SECONDED by Vice- Chairman Mathews to allow the petitioner to apply for a Conditional Use 0-1 for the property. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: voting Aye: Commissioner sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer o Vote on original Motion: Chairman Greer called for a VOTE ON THE ORIGINAL MOTION TO APPROVE THE 0-1 ZONING AS RECOMMENDED BY THE PLANNING BOARD. Upon vote, the MOTION CARRIED AS FOLLOWS: _Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer voting Nay: Commissioner Sisson Vice-Chairman Mathews I.. "." .~l' 'Ii'",,~... '~'::o, i.Wti~'Ver"""" .-,"1' '~'. ~ i" ' ""'III ,t' ,~("n"'.r,,;':' 'ih$-"~'~.''i',.l. ~'1:;~~':fl:'~}:,.. MINUTES OF REGULAR MEETING, JANUARY~, 1995 PAGE 458 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 I, Section 6, Page 58. e PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY RUDIE MALPASS TO REZONE 2.8 ACRES ON THE NORTH SIDE OF PINER ROAD TO CONDITIONAL USE 0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-520, 12/94) Chairman Greer opened the Public Hearing and announced that conditional use zoning requires issuance of a Special Use Permit; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Planning Director Dexter Hayes Nancy Williamson Phillip Buriss Planning Director Hayes reported the Planning Board had originally recommended the same site be rezoned to general use Office and Institution in October 1994. The Planning Board, again, supported rezoning of this property and voted to recommend approval of a Conditional Use District for the site pursuant to the plan submitted with the following conditions: A. On-site signage must be provided directing traffic movements. B. The site plan must be revised to reflect actual buffer requirements, and off-street parking needs. e C. The site's uses be limited to general and professional offices, medical offices and personal services. D. site identification signage must be limited to the standards imposed for the 0-1 District. Chairman Greer inquired as to whether two buildings would be placed on the site, and what would the setback be on the east side of the site? Planning Director Hayes responded two buildings will be constructed on the site with parking on one side and buffering on the side where the house is to be located. There will be a 10-foot setback on the east side of the property. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed conditional use district. The following remarks were received: e Ms. Nancy Williamson, representing the petitioner, Rudie Malpass, reported Monkey Junction has become a transitional area with continuous growth of small businesses, restaurants, and shopping 'centers for several years. At the present time, there is no"office space in the area; therefore, this site would be an ideal location for the use. The proposed plan and layout for the offices wi'th buffered areas would be an asset to adjoining properties because the unsightly, vacant structure on the site would be removed. The Commissioners were requested to approve the rezoning ,request as recommended by the Planning Board. Mr. Phillip Buriss, an adjacent property owner, asked if the owner was planning.to construct a building, and if so when? Commissioner Sisson explained that the person purchasing the land must follow the site plan, which includes the buffer, the reistrictions on the" height of the building, and the restricted uses t j MINUTES OF REGULAR MEETING, JANUARY ~, 1995 PAGE 459 of the building. A building permit must be obtained within 24 months once the zoning is approved. Planning Director Hayes presented the following preliminary staff findings: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: o a. The site has access directly to piner Road. b. The site is located within the Myrtle Grove Volunteer Fire Department District. c. county Sewer is available to serve the site. Water service could be provided either by private well or existing community systems in the area. General Requirement #2: The proposed use meets all required conditions and specifications of the zoning Ordinance based upon the following findings: a. A site plan has been submitted as required by the zoning Ordinance to establish a conditional use district. Other details and some revisions regarding off-street parking and buffering are needed. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: a. Increased setbacks and wider buffers would provide some visual relief to the existing residence on the west side of the property. o b. The presence of Walmart Center and other retail uses would not be impacted. General Requirement #4: The proposed use is in general conformity with the plan of development for New Hanover County based upon the following findings: a. There is a wide variety of land uses in the area: churches, a middle school, a large shopping center, single-family residential uses. Land to the north recently platted for residential development. Land to .east is vacant. two and was the , . Chairman Greer asked the petitioner if she concurred with the findings as presented. .... Ms. williamson agreed with the findings as presented. Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster to rezone 2.8 acres on the northside of piner Road to Conditional Use 0-1 Office and Institution from R-15 Residential pursuant.to the plan submitted with the conditions as approved by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDER 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 42. o Motion: Vice-Chairman Mathews MOVED, SECONDED by commissioner Caster to grant the Special Use Permit for the Conditional Use 0-1 Office and Institution District as recommended by the Planning e e e ,j ""'I MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 460 Board including the condi'tions listed as A-D based upon the evidence presented concluding that 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; the proposed use does meet all required conditions and specifications of the Ordinance; the proposed use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in sUP Book II, Page 9. PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES MATTES TO REZONE '2.5 ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD SOUTH OF CATHAY ROAD TO CONDITIONAL USE B-1 BUSINESS FROM R-15 RESIDENTIAL (Z~521, 12/94) Chairman Greer opened the Public Hearing and announced that conditional use zoning requires issuance of a Special Use Permit; th~refore, any persons wishing to testify must be sworn in by the 'Clerk to the Board: < The following persons were sworn in: Planning Director Dexter Hayes Charles Mattes Planning Director Hayes reported the Planning Board voted to recommend approval of the request subject to the site plan submitted and with the additional condition that no propane or cbottled gas would be stored outside the fenced area as depicted on ~~the plan. The Planning Board felt the convenience food store '::To!::ated next door virtually eliminated residential use of the :~,subject parcel and that conditional use zoning would be appropriate ;'bewcause it offered the opportunity to control the land use and site , design as well as any impacts on homes in Monterey Heights. There .:~iW~'~' no opposition 'present at the Planning Board meeting. "'11 Planning Director Hayes reported the applicant seeks to establish a retail operation specializing in the sale and service of outdoor cooking grills. Planning Director Hayes presented the following preliminary Staff f.indings: G~neral Requirement #1: The proposed use will not materially en~anger the public health or safety if located where proposed and d~veloped according to the plan as submitted and approved based u~?n the following findings: a. The site is located in the Myrtle Grove Volunteer Fire Department District. b. The property has direct access to Carolina Beach Road. General Requirement #2: ',The proposed use meets all required cohditions and specifications of the Zoning Ordinance based upon the following findings: ~ a. A site plan ,pursuant to the requirements set forth for conditional zoning has been submitted. The plan details existing conditions and planned improvements. ,", .~ ,b. The proposed -use is., permi tted by right in the B-1 Zoning Classification. ~ MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 461 General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the' following findings: a. Adjacent property to the nqrth is used as a convenience food store and gasoline sales. b. Non-residential uses would impact nearby lots in Monterey Heights. o General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: a. There is a wide variety of land uses along the immediate road frontage. These include: two gift shops; a church, a conven1ence food store and retail uses associated with commercial districts located north and south of the subject parcel. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed qonditional u.se district. The following remarks were received: Mr. Charles Mattes, the petitioner, reported on the site plan and the effort being made to locate the business (The Grill House) to the front of the site as far away as possible from Monterey Heights. The construction of the building should begin within 40- 45 days, and a future addition will probably occur within two years. He requested the Commissioners to approve the Conditional Use B-1 Zoning District Classification as recommended by the Planning Board. . Commissioner sisson inquired as to whether the property ,behind the storage area is part of the parcel, and will this portion remain vacant? o ". Mr. Mattes responded the area is part of the parcel and this portion will remain vacant. . . There being no further comments, Chairman Greer closed the Public Hearing. Motion:. Commissioner Caster MOVED, SECONDED by Commissioner Barone to rezone 2.5 acres on the west side of Carolina Beach Road 200 feet south of Cathay Road from R-15 to a Conditional Use District B-1 with the condition that no propane or bottle gas be stored outside the fenced area 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 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 43. Chairman Greer asked Mr. Mattes if he concurred with the findings of fact as stated by the Planning Director. o Mr. Mattes agreed with the findings as presented. commissioner Sisson inquired as to how water and sewer would be handled on the site? Mr. Mattes reported this matter had not been addressed; however, if a well and septic tank should be required, he would comply to State and County regulations. e e e ""'''w~,I'\'I'!1:F ""'III i:~~;k~" ~':,t.t MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 462 Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit contingent upon the provision of potable water and acceptable sewerage disposal according to County health regulations for the conditional use retail sales service based upon the evidence presented concluding that 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; the proposed use meets all required conditions and specifications of the Zoning Ordinance; the proposed use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 9. PUBLIC HEARING TO CONSIDER A REQUEST BY J. WILLOUGHBY TO CLOSE A PORTION OF AN UNNAMED ROAD LOCATED ON THE SOUTH SIDE OF SILVA TERRA DRIVE, SILVA TERRA SUBDIVISION (SC-63, 11/94) Chairman Greer opened the Public Hearing. Planning Director Hayes reported the road contains a compacted, lightly graveled surface and is 150 feet in length with a GO-foot right-of~way. The remaining portion of the road (not part of the petition to be closed) is very sandy and unstable for vehicular passage to Horn Road. A field observation of the road indicates that several vehicles have attempted to use this road to gain access to Horn Road and other nearby streets. County Engineering has indicated. that utility and/or drainage easements will not be required. At the present time, vehicular access into Silva Terra, Arrowhead, and Huntington Forest developments is limited to Carolina Beach Road.; Ilex Drive in Silva Terra provides the only internal access to Silver Lake Subdivision located to the south. Alternative and future access from Silva Terra to Horn Road and other nearby streets may be eliminated if this road is closed. Because of the limited access that Silva Terra and other subdivisions in the area have available and the need to provide efficient and timely delivery of services and emergency response, the Planning Staff recommends that the unnamed road remain open. commissioner remain open with Vehicle" use? Sisson inquired as to whether the road could a barricade and sign posted for "Emergency County Attorney Copley reported a barricade could be placed across the road with a sign informing persons that the road is c+osed to vehicular traffic, other than emergency vehicles. Chairman Greerfinquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. J. Willoughby, the petitioner, reported on the problems being experienced with bikers and persons using the road in unpleasant ways. He stated when he inquired as to whether he could place logs across the road and post a sign showing that the road is not open to traffic, he was informed by the Planning Department that a road petition would have to be submitted to close the road. He expressed concern for having to pay $400 to submit a petition to close the road if this process was not necessary. County Attorney Copley responded that her previous remarks were based upon the road being officially closed. ~ MINuTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 463 There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to uphold the Planning Staff's recommendation and allow the unnamed road to remain open. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer o Voting Nay: Commissioner Caster commissioner Sisson requested Mr. Willoughby to contact the Sheriff's Department if the problems continue to occur in order to have the road monitored. PUBLIC HEARING TO CONSIDER A REQUEST FROM THE PLANNING DEPARTMENT TO RENAME TWO PUBLIC ROADS AND ASSIGN HOUSE NUMBERS Chairman Greer opened the Public Hearing. Planning Director Hayes reported the roads are located three- fourths of a mile south of the Holly Shelter Road/Blue Clay Road intersection, on the east side of Blue Clay Road in the Woodhaven Subdivision. A field examination reveals a pentagonal type road network capable of serving over 65 residential homes. Several roads within the Subdivision contain the street name Woodhaven Drive. As the development continues to grow, the timely delivery of public and private services may become confusing. Adjoining property owners on two of the roads were given the opportunity to select an unduplicated name or create a name for the roads. Sunray Road (northern Woodhaven Drive) and Prosperity Lane (eastern Woodhaven Drive) were chosen by a majority of the residents that responded to the survey. o " The Commissioners were requested to approve renaming the roads as recommended and authorization to assign house numbers to the roads and the original Woodhaven Drive. , Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. John Hladik, the owner of Lot Zz as indicated on the map, expressed concern for having to change his address because of the cost involved with changing his business address, letterhead, business cards, and other items. Planning Director Hayes reported in order vehicles to properly respond, the road names should house numbers assigned for proper identification of along Woodhaven Drive. for emergency be changed and the residences Chairman Greer closed the Public Hearing. o commissioner Sisson inquired as to how soon the addresses must be changed? Planning Director Hayes responded that once the road name has been changed, the house numbers will be assigned. The U. S. Post Office will continue to deliver mail to the old address for one year. Also, one reason for moving forward with the road change is because of the data being accumulated for the 911 Computer Aided Dispatch System. If the Commissioners wish to establish an effective date, the Planning Staff will be glad to comply to this request. e e e l~""'"W'~'" ~ ..~\*'\ '~'fj-! MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 464 Chairman Greer recommended establishing an effective date of July 1, 1995. Motion: Commissioner sisson MOVED, SECONDED by Chairman Greer to rename the two public roads and assign house numbers on Woodhaven Drive to Sunray Road and Prosperity Lane as recommended by the Planning Department effective July 1, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. copies of the incorporated as a part Book XXII, Page 26. ordinances and road order are hereby of the minutes and are contained in Exhibit PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION TO APPLY FOR SECTION 18 FUNDING FOR FY 1995-96 FOR NEW HANOVER COUNTY TRANSPORTATION SERVICES AND ADOPT THE TRANSPORTATION DEVELOPMENT PLAN UPDATE Chairman Greer opened the Public Hearing. Director of Aging, Annette Crumpton, reported at a Work Session held on December 15, 1994, the Commissioners granted authorization to proceed with preparing a request for proposals for a service provider, and authorization was given to proceed with a ,collaborative effort to work with the Wilmington Transit Authority 'an<;l other human services agencies to proceed with the general pUblic ridership program. The Rockhill, Castle Hayne area has been designated as the target area for expansion of the ridership .program. The Commissioners were' requested to hold the Public ,.Hearing to apply for section 18 funds for FY 1995-96 and adopt the :.Tr'ansportation Development Plan Update. Chairman Greer inquired as to whether anyone from the general public would like to comment. There being no further comments, Chairman Greer closed the Public Hearing. . Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution to authorize Staff to apply. for "se"~tion 18 funding for FY 1995-96 and adopt the Transportation Deyelopment Plan Update 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 26. AD~ITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION 'OF PROCLAMATION DESIGNATING JANUARY 16, 1995, AS DR. MARTIN LUTHER KING, JR. DAY IN NEW HANOVER COUNTY , : Chairman Greer announced a resolution had been prepared to d~signate January 16, 1995, as Dr. Martin Luther King, Jr. Day in N~~ Hanover County... Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the resolution as presented. Substitute Motion: Commissioner Barone MOVED, SECONDED by Chairman ,~ . . . Gr~er to adopt the resolut~on w~ th an amendment to the NOW, THEREFORE paragraph to~end after Dr. Martin Luther King, Jr. Day. Upon vote, the MOTION ;CARRIED AS FOLLOWS: "\ i ..A~~ '\:, , voting" Aye: , " commissioner Barone Vice-Chairman Mathews Chairman Greer '- , voting ,Nay: ~~, .;<'t~ . , ')' " commissioner Sisson commissioner Caster ~ MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 46 5 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 26. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the Water & Sewer District from 10:48 P.M. until 11:15 P.M. I, ADDITIONAL ITEMS - COUNTY MANAGER o Announcement of Letter to be Received on the Audit Report County Manager O'Neal announced that the Finance Director will prepare a letter explaining the increase in the fund balance in figures instead of percentages as presented by Mr. Rose in the Audit Report. Discussion of Filling the Vacant Seat for the 4th District on the North Carolina Association of county Commissioners' Board of Directors County Manager O'Neal reported on receiving a call from the Brunswick CouDty Manager about filling the vacant seat for the 4th District on the North Carolina Association of county Commissioners' Board of Directors due to former Brunswick County Commissioner, Don Warren, not being re-elected in November. The Brunswick County Board of Commissioners would like to make an appointment from their board to fill the unexpired term. Consensus: After discussion of how the vacancy should be filled since no specific rules are outlined by the N. C. Association of County Commissioners, it was the consensus of the Board to allow the vacancy to be filled by the Brunswick County Board of Commissioners. Vice-Chairman Mathews reported he had with the President of the Association, guidelines will be prepared. discussed this matter and hopefully some o ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of a county Commissioner Being Required to Serve on the Cape Fear Council of Governments Aging Advisory Board Commissioner Sisson reported due to time constraints, he would not be able to continue to serve on the Aging Advisory Board. He inquired as to whether the Clerk to the Board had asked if a designee could be appointed, or if another elected official, other than a County Commissioner, can serve on the committee? Clerk to the Board, Lucie F. Harrell, reported this matter had been discussed with the Council of Governments; however, the by- laws require that a County Commissioner serve on this Board. As to the possibility of designating another elected official as a designee, she would be glad to check into the matter and report back to the Board. Kure Beach Councilman, Glen Ivey, reported he would be interested in serving on the committee. Reminder of Reception for Meeting the New Director of the Southeastern Center commissioner Sisson reminded the Board that the reception to meet the new Director of the Southeastern Center is scheduled for January 12, 1995, at 6:00 P.M. o Forms for Legislative Goals Vice-Chairman Mathews passed out a form and requested each County Commissioner to indicate by number the goals to which they are opposed. He requested that the forms be returned to the Clerk e e e \~".....~ ""'III f ,\ W':~~,il': i"it'l MINUTES OF REGULAR MEETING, JANUARY 3, 1995 PAGE 466 to the Board as soon as possible,so he can vote the majority vote of the Board on each goal when presented at the Legislative Conference to be held on January 5-6, 1995. ADJOURNMENT Chairman Greer adjourned the meeting at 11:25 P.M. ~pe~t;;~, '-<~F. Harrell Clerk to the Board , ~