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1996-04-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 305 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 1, 1996, 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, gave the invocation. Commissioner Barone led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He asked if anyone present would like to speak, and he requested that all remarks be limited to three minutes. The following items were presented: Consideration of Increasing Animal Control Citations Mr. Jesse Hardwick, a resident of New Hanover County, requested the Board to consider charging a $25 fine per dog when citations are issued by the Animal Control Division for barking dogs creating a public nuisance. He, also, requested the Board to deliver cat cages to senior citizens who are not physically capable of picking up the cages. He advised that Brunswick County provided this service to its seniors. Chairman Greer informed Mr. Hardwick that charging a per dog fee would not be administratively feasible. He recommended increasing the $25 fine. County Attorney Copley responded that enabling legislation was already in place for New Hanover County to increase the fine. After further discussion, the County Attorney was requested to check into increasing the fine and report back to the Board. Concern for Response Time by the Ogden/New Hanover Rescue Squad Ms. Mary Mason, a resident of the County and Registered Nurse, requested the Board to implement a policy to train EMS personnel in proper identification of roads and subdivisions in New Hanover County. She reported on a recent incident with a family member who went into a drug induced seizure from taking a new drug. The EMS number was called immediately and she was informed that EMS would be there shortly. After waiting eight minutes, she called again and there was no response until fourteen minutes after the first call. By that time she had been able to handle the seizure and the crisis was over. After contacting the Ogden/New Hanover Rescue Squad about the slow response time, she was informed that the transfer of the 911 call to EMS required two minutes with another two minutes required for EMS personnel to be awakened and get on the road. In this case, the driver did not know the location of the subdivision and selected a route that required ten minutes instead of five minutes. She emphasized the importance of training EMS personnel on the exact location of all roads and subdivisions throughout the County to avoid the loss of someone's life in the future. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 306 Chairman Greer apologized to Ms. Mason for the unfortunate incident and reported that Staff would check into this matter and report back to the Board. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Item 6-C for further discussion. He advised that Commissioner Barone had requested some changes in the language of the March 18, 1996, minutes as highlighted and presented by the Clerk, to better clarify her remarks. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to remove Consent Agenda Item 6-C as requested by the Chairman, approve the minutes of March 18, 1996, with the changes as requested by Commissioner Barone, and approve the remaining Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of March 11, 1996, as presented by the Clerk to the Board, and approved the minutes of March 18, 1996, with the changes requested by Commissioner Barone. Approval of Contract #96-0335 with BellSouth for Acquisition of an Easement on Cathay Road The Commissioners approved a contract with BellSouth for acquisition of an easement on the Water and Sewer District well site located on Cathay Road. BellSouth will place equipment on the easement that will enhance telephone service to the community. The Chairman was authorized to execute the contract and the DOT Driveway Access Permit Application. A copy of the contract is on file in the Legal Department. Approval of Revisions to the 1995-96 Home and Community Care Block Grant for Aging Services The Commissioners approved the following revisions to the 1995-96 Home and Community Care Block Grant and the associated Budget Amendment as requested by the Department of Aging: (1)Reduction in Federal/State monies by $119. (2)Increase in the budget for Home Delivered Meals by $5,910. (3)Decrease in the budget for Congregate by $5,910. (4)Increase Home Delivered Meals & Congregate reimbursement by 5%. Budget Amendment #96-0165 - Aging/Nutrition-Congregate & Nutrition- Home Delivered Debit Credit Aging/Nutrition-Congregate CS-Meals $6,029 Nutrition-CDBG $6,029 Aging/Nutrition-Home Delivered Nutrition-CDBG $5,910 CS-Meals $5,910 Purpose: To revise the Aging/Nutrition-Home Delivered and Nutrition-Congregate budgets following reductions in Federal and State monies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 307 Adoption of Resolutions to Add Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Marne Drive in Glynnwood II Subdivision College Acres Drive Crews Drive Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 14. Adoption of Resolution Regarding the Sale of Surplus Property Owned by New Hanover County The Commissioners adopted a resolution accepting an offer from Gerald L. Miressi, Sr. to purchase County owned property (RO-079- 00-003-015.000) located at 6235 Carolina Beach Road in the amount of $2,000. The ad valorem tax value as of 1989 is $2,000. The offer will be duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 14. Approval of Budget Amendment #96-24 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-45 Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $562 Controlled Substance Tax Supplies $562 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-0158 - Emergency Management The Commissioners approved the following Budget Amendment: 96-0158 Emergency Management Debit Credit Emergency Management Other $5,000 Departmental Supplies $3,000 Training and Travel $2,000 Purpose: To budget contribution from CP&L to assist in drill preparations for the Brunswick Nuclear Power Plant. APPROVAL OF CONSENT AGENDA ITEM 6-C, BUDGET AMENDMENT #96-0162 - SHERIFF'S DEPARTMENT ADMINISTRATION Chairman Greer asked if the County should formally express appreciation to Andrews Mortuary for making a contribution to the Sheriff's Department. After discussion, the County Manager was requested to write a letter of appreciation to Andrews Mortuary. Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment: 96-0162 Sheriff's Department/Administration Debit Credit Sheriff's Department/Administration Other $3,630 Salaries & Wages $2,539 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 308 (Budget Amendment #96-0162 continued) Debit Credit Departmental Supplies $ 700 Fuel & Supplies $ 391 Purpose: To budget a contribution from Andrews Mortuary and reimbursement from the Department of Justice for overtime and fuel. APPROVAL OF BUDGET AMENDMENT #96-0164 TO AMEND THE CAPITAL OUTLAY BUDGET FOR NEW HANOVER COUNTY SCHOOLS AS REQUESTED BY THE BOARD OF EDUCATION County Manager O'Neal reported on July 1, 1995, the Board of County Commissioners increased the level of County control over the Capital Outlay Budget for the schools. The School System has requested an increase in Category I, HVAC Replacement, from $50,000 to $63,875. Since this amount exceeds the 25% stipulation imposed by the Board for moving one County appropriation to another, a Budget Amendment has to be approved by the Board to amend the Capital Outlay Budget for New Hanover County Schools. The School System has requested a transfer of funds in the amount of $13,875 from furniture and New Hanover High School renovations to the HVAC Replacement fund. No additional County funds are required. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the following Budget Amendment to amend the Capital Outlay Budget for New Hanover County Schools. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #96-0164 - New Hanover County Schools Debit Credit New Hanover County Schools New Hanover High School $ 29 School Capital Outlay $13,846 HVAC Replacement $13,875 APPROVAL OF BUDGET AMENDMENT #96-0163 FOR A CONTRIBUTION TO THE DISTRICT ATTORNEY'S OFFICE FOR ADDITIONAL OPERATING EXPENSES AND A TRAINING SESSION County Manager O'Neal reported the District Attorney's Office has requested additional funds in the amount of $500 for operating expenses and a training session. He advised that if the Board approves the Budget Amendment, the remaining balance in the General Fund Contingencies account will be $55,895. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the following Budget Amendment to contribute $500 to the District Attorney's Office for additional operating expenses and training sessions. Upon vote, the MOTION CARRIED UNANIMOUSLY. O6-0163 Non-Departmental/District Attorney's Office Debit Credit Non-Departmental Contingencies $500 District Attorney's Office Contribution to Outside Agency $500 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 7:01 P.M. until 7:10 P.M. to hold a meeting of the New Hanover County Water & Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 309 ADDITIONAL ITEMS - COUNTY MANAGER Adoption of Resolution for New Hanover County and the City of Wilmington to Prepare a Joint Land Use Plan Update Planning Director, Dexter Hayes, presented a resolution and reported the County would like to perform a joint Land Use Plan Update with the City of Wilmington as done in the past. He advised the County and City would be applying for a Local Planning and Management Grant from the Division of Coastal Management to provide for the cost of the update. When the grant is approved by the State, both governing bodies will be requested to consider and approve the grant. Discussion was held on the amount of time given by the City and County administrative personnel when performing the update. Planning Director Hayes advised that local resources usually exceed the granting funding over the two-year period required to complete the update; therefore, approximately 60-70% of the total cost was actually funded by the State. Commissioner Barone referenced the last sentence in the last paragraph of the resolution and asked why the work plan did not have to be approved by both governing bodies instead of the City and County staffs as indicated? County Manager O'Neal explained that the work plan served as a guideline for development of the Land Use Plan Update. Once Staff completes the final document, the governing bodies would be required to hold public hearings and adopt the plan. Chairman Greer recommended removing the word, "staffs" at the end of the last sentence in the last paragraph of the resolution to avoid confusion. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution to proceed with a joint County/City Land Use Plan Update with the removal of the word, "staffs" in the last sentence of the last paragraph in the resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 14. Authorization for New Hanover County to Co-Sponsor the Public Forum on the Future Development of the Wilmington Harbor County Manager O'Neal informed the Board that New Hanover County had been requested by WHET to co-sponsor the Public Forum being held on April 18, 1996, at 5:00 P.M., in the Graystone Inn, for discussion on the future development of the Wilmington Harbor. Discussion was held on whether any County funding would be requested. County Manager O'Neal responded it was his understanding that no County funds would be involved. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to co-sponsor the Public Forum for development of the Wilmington Harbor. Upon vote, the MOTION CARRIED UNANIMOUSLY. Waiver of Tip Fee for the "1996 First in Flight Air Show" County Manager O'Neal informed the Board that New Hanover International Airport had requested a waiver of the tip fee for the "1996 First in Flight Air Show" to be held on April 20-21, 1996. He requested direction from the Board. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to waive the tip fee for the "1996 First in Flight Air Show" as requested by the Airport. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 310 Discussion of National County Government Week Assistant to the County Manager, Pat Melvin, advised that National County Government Week would be held April 21-27, 1996. The theme for the week would be "Bridging the Generations". The following events have been scheduled working through the New Hanover County schools and Senior Center: (1)Open House at the Senior Center and Elderhaus: Retired Senior Volunteers will escort students from the area schools to attend the open house events. (2)Communities Countdown 2000: A program that will focus on enhancing public awareness of services offered by the County and the need for community participation. (3)A Talent Show will be held on April 23, 1996, 7:00 P.M. at Roland-Grise School. (4)Public Service announcements will be on television and radio stations about the services provided by New Hanover County. County Manager O'Neal advised that a proclamation would be presented at the next meeting designating April 21-27, 1996, as "County Government Week" in New Hanover County. Discussion of Rescheduling a Work Session to Discuss the Futch Creek Watershed Plan Discussion was held on rescheduling a Work Session to discuss the Futch Creek Watershed Plan. After further discussion, County Manager O'Neal reported he would include the Work Session on the agenda for the Regular Meeting to be held on April 15, 1996. Discussion of Scheduling a Meeting With the Wilmington City Council to Move Forward With Establishing a Development Center Chairman Greer reported that Mayor Betz had written a letter on March 12, 1996, requesting a joint meeting with the Board of Commissioners to discuss moving forward with establishing a City/County Development Center. He recommended scheduling a joint meeting with the City Council to discuss this proposal. Vice-Chairman Mathews advised that discussion was held on this request at the Staff Meeting last Thursday morning. He reported a majority of the Commissioners felt more details should be furnished on the concept as well as the site to be selected for the Development Center before scheduling a joint meeting with the Wilmington City Council. Many of the Commissioners questioned the proposed 8th and Market Street site for construction of a new building. Commissioner Sisson agreed with Vice-Chairman Mathews. Commissioner Barone emphasized the importance of reviewing more sites and other buildings before constructing a new structure. Consensus: After further discussion, it was the consensus of the Board to request Chairman Greer, Mayor Betz, City Manager Gornto, and County Manager O'Neal to meet and prepare a report that will provide details on the concept of the facility, the projected cost, and alternative sites before scheduling a joint meeting. Group Picture to be Made on May 20, 1996, at 8:30 A.M. Chairman Greer announced the group picture of the Board would be made on May 20, 1996, at 8:30 A.M. Discussion of Joint Meeting with the New Hanover Regional Medical Center Board of Trustees Scheduled for May 16, 1996 Commissioner Barone referenced the proposed revenue bond issue by the Hospital Board of Trustees and advised that questions could NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 311 be asked about the proposed construction projects at the joint meeting. She requested the County Manager to be sure that members of the technical staff, such as consulting architects and engineers, were present to respond to the proposed construction projects. Commissioner Caster, the Board's representative serving on the Hospital Board of Trustees, reported that an informational packet regarding the bond issue would be delivered to each Commissioner before the joint Work Session. After further discussion, the County Manager was directed to write a letter to Mr. Jim Hobbs, President of New Hanover Regional Medical Center, requesting that technical staff be present at the Work Session scheduled for May 16, 1996. BREAK Chairman Greer called a break from 7:25 P.M. until 7:35 P.M. WITHDRAWAL OF PUBLIC HEARING TO CONSIDER A REQUEST BY JERRY SIMMONS TO ESTABLISH A DOG KENNEL AT 4121 EDNA BUCK ROAD NORTH OF SIDBURY ROAD (S-391, 3/96) Chairman Greer announced that the Public Hearing to consider a request by Jerry Simmons to establish a dog kennel at 4121 Edna Buck Road north of Sidbury Road had been withdrawn by the petitioner. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY THE MINIMUM WATER AND SEWER REQUIREMENTS NEEDED FOR R-10 RESIDENTIAL DISTRICTS (A-272, 3/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the current language reads as follows: Current Language: 53-1. The R-10 Residential District is established as a district in which the principal use of land is for residential purposes, and to ensure that residential development having access to a public water system approved by the State Utilities Commission but dependent on septic tanks for sewerage disposal will occur at sufficiently low densities to ensure a healthful environment. Planning Director Hayes reported the Planning Board voted unanimously to revise this section to read as follows: Proposed Text Amendment: 53-1. The R-10 District is established as a district in which the principal use of land is for residential purposes with access to either public water or public sewer. If public water is not available, then the water system infrastructure must be installed in accordance with County standards and connected to a public supply when it becomes available. The Planning Board discussed the following alternatives: (1) allowing R-10 with public water or sewer; (2) allowing wells without a requirement to install a "dry" water system; or (3) requiring both water and sewer. Planning Director Hayes noted that the key point to consider was the level of services needed to support the density allowed by R-10 zoning, and whether these services were readily available to serve the proposed project. For example, would a healthful environment be ensured if an R-10 project had only public sewer and not public water? He advised that the following alternatives could be pursued to address this issue: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 312 (1)Revise the section to clearly state that no R-10 District may be established unless it has a public water system. (2)Revise the section to require that any R-10 District must have both public water and sewer. (3)Revise the section to permit R-10 Districts to have either public water or public sewer. Commissioner Sisson inquired as to whether persons with existing wells would be required to connect to the public water system? Planning Director Hayes replied that once a water system was in place, the persons on wells would be required to connect to the system. Discussion was held on whether the Water & Sewer Ordinance had an established time frame for requiring persons to connect to a water system upon availability. Assistant County Manager, Dave Weaver, explained that the Water and Sewer Ordinance did require persons to connect to the sewer system within six months after availability; however, he was not sure the Water and Sewer Ordinance contained this type of requirement for water systems. After further discussion, Planning Director Hayes stated the Board may wish to amend the Water and Sewer Ordinance to require persons on wells to connect to a water system within six months after availability. Chairman Greer asked if anyone from the public would like to comment. Mr. Dan Dawson commented on attending the Public Hearing held by the Planning Board and spoke in favor of the text amendment as recommended by the Planning Board. He also agreed with the Planning Director and stated persons with existing wells should be required to connect to a water system within a certain amount of time after availability. There being no further comments, Chairman Greer closed the Public Hearing. Commissioner Barone asked if a Zoning Text Amendment was an ordinance modification and stated, if so, she would vote in opposition to require another public hearing. Planning Director Hayes explained that a Text Amendment was an ordinance modification to the Zoning Ordinance; however, the amendment could be adopted by a majority vote of the Board since the Public Hearing had been duly advertised in accordance with State Statutes. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt a Text Amendment revising Section 53-1 of the Zoning Ordinance as recommended by the Planning Board and direct the County Attorney to prepare an amendment to the Water and Sewer Ordinance to require persons to connect to a water system within six months after availability. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 313 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 14. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY SATURN CORPORATION TO REZONE 65.8 ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD SOUTH OF MARQUIS HILLS SUBDIVISION TO R-10 RESIDENTIAL FROM R- 15 RESIDENTIAL (CONTINUED ITEM Z-560, 2/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board rejected the applicant's request to rezone the entire tract to R-10 Residential by a four (4) to two (2) vote. As an alternative, the Planning Board voted five (5) to one (1) to recommend rezoning just the portion of the tract covered by Phase I, Dunhill Woods, R-10 Residential, which is approximately 30.1 acres of the total tract. The Dunhill Woods preliminary subdivision plan was approved by the Technical Review Committee in October 1995. At the Planning Board meeting, a number of zoning options were debated, such as rezoning the entire tract to R-10; rezoning only a portion of the tract to R-10; and rezoning the tract to Conditional Use R-10. After a review by the Planning Staff, there was concern for increased traffic in this area of the County, particularly south, where residential development continues to grow at a rapid pace. A number of large subdivisions have been approved in the area and are already under construction. As a result, the level of traffic along Carolina Beach Road and College Road is expected to increase significantly. There are no other major roads in the area, and the only planned improvement is an eastward extension of Sanders Road to Masonboro Loop Road, which has not been scheduled to be built. Also, it is Staff's understanding that the existing subdivision plan approved for the site meets the developers' density expectations, but some of the design features required by the high density process, specifically the maintenance of open space areas, are unduly burdensome. If this is true, the Board may wish to consider rezoning under R-10 Conditional Use. This would permit the County to limit the site to the 200 units originally planned and to mitigate some of the traffic concerns. Conditional Use would also lessen the impact associated with a higher density project that would be permitted by right in the R-10 District. Chairman Greer asked if the petitioner would like to comment. Mr. Dan Dawson, a consulting engineer representing Saturn Corporation, presented details and maps on the proposed plan. He advised that the density allowed in the R-10 Residential Zoning was the same as many of the surrounding properties and would be consistent with current development in the area. As to the suggested conditional use zoning for Phase II and future development of the site, the applicant feels this zoning would be incompatible with the plans for development. Conditional Use Zoning would restrict the ability of the developer to react to changing market demands because of the lengthy review process which potentially limits the density already permitted by right under the current zoning. Unfortunately, the current zoning regulations do not allow a lower density so that Staff's concerns could be addressed. He requested the Board to approve the R-10 Residential Rezoning of the entire tract as submitted by the applicant, which is consistent with the County's Policies for Growth and Development, the Land Classification Map, and would be more compatible with the surrounding development. Chairman Greer asked if 330 units would be constructed in Phase I and Phase II instead of the 1,186 units allowed under the R-10 Residential District? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 314 Mr. Dawson replied that he felt the units would never be over 330; however, this figure could vary with future plans. For example, the developer may desire to re-arrange the lots to take advantage of the views near Motts Creek, which could slightly increase the density. Chairman Greer asked if anyone from the public would like to comment. The following remarks were received: Mr. Robert Haynes, an adjacent property owner, expressed concern about the access to Carolina Beach Road being severely restricted for persons living in adjacent subdivisions if the higher density project is approved. He recommended requiring the developer to pay for the necessary turn lanes and traffic signals if the rezoning request is approved in order to protect the public safety of the residents living in the area. He also expressed concern for the negative impact of higher density zoning on the wetlands and Motts Creek. He requested the Board to deny the R-10 rezoning request and allow the property to be developed under its present R-15 zoning. Mr. Terry Turner, President of Saturn Corporation, explained that the subdivision would be a single-family residential subdivision with 3.2 units per acre; however, the market could change in the future and some patio detached homes may be considered in the back of the property along Motts Creek. He reported the main purpose of the development was to provide affordable housing, which is badly needed in New Hanover County. There being no further comments, Chairman Greer closed the Public Hearing. Commissioner Sisson reported Staff had summarized the concerns, and in his opinion, if the entire tract is rezoned R-10, the County will have no control over future development. Traffic will only increase and create more problems in the Monkey Junction area. He expressed opposition to the rezoning. Chairman Greer responded the Board could approve R-10 zoning for Phase I, which is the front portion of the property, because a plan has already been presented and approved for this development. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to rezone Phase I to R-10 Zoning as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson 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 46. PUBLIC HEARING TO CONSIDER A REQUEST BY RACINE LLC TO REZONE 40 ACRES LOCATED WEST OF CAROLINA BEACH ROAD, SOUTH OF ECHO FARMS, EAST OF HUNTINGTON FOREST, AND NORTH OF THE SILVA TERRA SUBDIVISION TO R-10 RESIDENTIAL FROM R-15 RESIDENTIAL (Z-562, 3/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted three (3) to two (2) to recommend approval of the petition as submitted. Those voting in favor of the petition felt the change was consistent with the Land Use Plan and existing R-10 zoning on adjoining properties. Those in opposition felt the increase in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 315 density would simply add to traffic congestion already evident along Silva Terra Drive. Several property owners appeared before the Planning Board and spoke in opposition to the rezoning request. Concern was expressed for an increase in traffic congestion making it difficult for motorists and pedestrians to use local streets safely. Other persons were concerned about the type of structures to be built on the property and the negative impact to their properties. Chairman Greer asked if the petitioner or anyone from the public would like to comment. Mr. Jerry Manning, an attorney representing Racine LLC, requested approval of the plan as recommended by the Planning Board. He noted that the net impact in density would be approximately 34 more homes if all of the land could be developed. The plan will connect the proposed R-10 development with the Huntington Forest Subdivision and tie into existing roads and facilities, which will provide for a better traffic flow throughout the entire area. The plan is compatible with existing neighborhoods, and the traffic impact will be minimal. He requested approval of the R-10 rezoning request. Commissioner Sisson asked if areas around Ilex and Silva Terra Drive were zoned R-10 Residential? Planning Director Hayes stated these areas were zoned R-15, but the property in the back of the site toward Bernards Landing Road and Huntington Forest were zoned R-10 residential. Mr. Stephen King, a resident of Huntington Forest, expressed concern about safety with the proposed plan because of the increased traffic from the higher density. He pointed out that approximately 100% of the traffic leaving Huntington Forest would go through the new development to access Carolina Beach Road if the proposed plan was approved. He requested the Board to deny the rezoning request because of the severe traffic problem that would be created when accessing Carolina Beach Road. Ms. Pat Burton, a resident of Silva Terra Subdivision, advised that the property in question joined a 40 foot right-of-way behind her property. She asked if this right-of-way had been considered in the rezoning request? Planning Director Hayes advised that when the new street design was completed for the subdivision, the 40 foot right-of-way would be eliminated. Ms. Burton requested the Board to allow the 40 foot right-of- way to remain as a buffer to the subdivision. She expressed concern about increased traffic, which will create a horrible traffic situation, and requested the Board to deny the rezoning request. Mr. Edward Belden, a property owner in Huntington Forest, expressed concern for the increased traffic and requested the Board to deny the request. He stated if the rezoning is approved, the traffic should be kept on Silva Terra Drive, not down Pleasant Dale Drive, which will negatively impact property values in the Huntington Forest Subdivision. Ms. Gloria Cribb, a resident of 271 Ilex Drive, reported the proposed road would be in her backyard. She expressed concern for increased traffic that is already a problem on Ilex Drive. She requested the Board to deny the high density zoning. Mr. Duane Kahle, a resident of Huntington Forest, reported no access was needed on Pleasant Dale Drive, and he requested denial of the rezoning because of traffic safety concerns for the residents living in the neighborhood. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 316 There being no further comments, Chairman Greer closed the Public Hearing. Discussion was held on whether there could be another access to Carolina Beach Road. Planning Director Hayes advised that Parcels M and N could be used; however, these lots would have to be acquired separately by the developer. Motion: After discussion of the negative impact of higher density on traffic in the area, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to deny the R-10 rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Caster BREAK Chairman Greer called a break from 8:55 P.M. until 9:10 P.M. PUBLIC HEARING TO CONSIDER A REQUEST FROM JOHN NEWTON TO REZONE 1.14 ACRES AT 6855 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-563, 3/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as submitted. It was noted that surrounding commercial zoning had made the land less desirable for residential use. Discussion was held on rezoning the entire tract, but the property owner reported he was not interested in rezoning the entire tract at this time. Planning Director Hayes advised that based on the area's zoning pattern and commercial development activities already underway, rezoning the entire site to B-2 would be appropriate. He stated the Board may wish to consider rezoning the entire parcel, although the applicant only wants the area shown on the map in the agenda packet. Chairman Greer asked if anyone from the public would like to comment. Mr. David Sneeden, representing Mr. John Newton the applicant, reported since the construction of Mr. Newton's home 45 years ago, the property was no longer suitable for residential purposes because the character of the neighborhood had drastically changed. He requested approval of the B-2 Business rezoning as recommended by the Planning Board. Commissioner Sisson requested an explanation as to why Mr. Newton did not desire to rezone the entire parcel? Mr. Sneeden stated Mr. Newton would continue to live on the back of the property, therefore, it would not be appropriate for him to live on commercially zoned land. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve rezoning 1.14 acres at 6855 Market Street to B-2 Business from R-15 Residential 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 317 of the minutes and is contained in Zoning Book II, Section 6, Page 65. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO AMANDA SMITH FOR ESTABLISHMENT OF A PET GROOMING FACILITY AT 7903 MYRTLE GROVE ROAD (S-387, 3/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons who desire to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director David Smith, Applicant Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to grant the Special Use Permit because the use would not create negative impacts on nearby residential uses. Also, the use would not be inconsistent with the Land Use Plan. There was no opposition at the Planning Board meeting. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (A)Because the proposed use would be considered a place of business, local health laws require bathroom facilities be provided. Water and sewer would be provided by an individual well and septic tank. (B)The site is located in the Myrtle Grove Volunteer Fire Department District. (C)The site has direct access to Myrtle Grove Road. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (A)Facilities offering kennels, grooming breeding and/or training of domesticated animals for a fee are permitted by Special Use Permit in the R-15 District under the general category of "Kennels". The site is zoned R-15 Residential. (B)The proposed use of the property is for pet grooming only. There are no known plans for boarding, breeding, or training. (C)The proposed activity would be conducted indoors. (D)The site has frontage along a state maintained road. (E)The required minimum front and side yard setback is 50 feet. (F)The maximum allowable sign area is 2.25 square feet. The existing sign on the property for the engine repair business exceeds this maximum. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based on the following findings: (A)The property is currently used for non-residential purposes, although it is non-conforming. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 318 General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: (A)Excluding the existing non-conforming use, the general area consists of vacant lots, single-family uses, mobile homes and mobile home parks. (B)The nearest non-residential activity to this site is the convenience food store located to the southwest at Carolina Beach Road. Chairman Greer asked if the petitioner or any other sworn-in persons would like to comment. Mr. David Smith, the petitioner, reported the pet grooming facility would be beneficial to the entire area, and he requested approval of the Special Use Permit. Chairman Greer asked Ms. Smith if he concurred with the Staff findings as presented by the Planning Director. Mr. Smith agreed with the findings as presented. There being no further comments, Chairman Greer closed the Public Hearing. Commissioner Sisson recommended placing a condition on the Special Use Permit that will allow the facility to be used only for pet grooming, not for boarding purposes. Chairman Greer asked Mr. Smith if he agreed with the condition that the facility would be used only for pet grooming. Mr. Smith concurred with the condition as recommended. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to grant the Special Use Permit to Ms. Amanda Smith for establishment of a pet grooming facility with the operation limited to only pet grooming, at 7903 Myrtle Grove Road based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 16. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO STEPHEN RHODES FOR THE CONSTRUCTION OF 17 DUPLEXES AT 2211 CHAIR ROAD (S- 388, 3/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons who desire to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Steve Rhodes, Applicant NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 319 Planning Director, Dexter Hayes, reported the applicant proposes to construct seventeen (17) duplexes (34 dwellings) on 19.91 acres of land. The units will be rented and there are no plans to subdivide the property. The Zoning Ordinance permits more than one principal use per lot provided that adequate land area is available. Planning Director, Hayes, reported the Planning Board voted to approve the Special Use Permit for only eight (8) of the duplexes shown on the original plan because of the latest version of the planned Wilmington By-pass, which will cross the rear portion of the applicant's land. The Planning Board felt it would be prudent to avoid development in that area of the property until the route of the bypass was more accurately defined. The petitioner, agreed. The Planning Board also recommended that road improvements needed to serve the development must comply with minimum County standards. There was no opposition present at the Planning Board meeting. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (A)There is no community water and sewer in the area. Service would have to be provided by individual wells and septic tanks. (B)The site is located within the Wrightsboro Volunteer Fire Department District. (C)The site has direct access to Chair Road, a state maintained road. (D)The plan must comply with the County Subdivision Ordinance and site design standards. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (A)Duplexes are permitted by Special Use Permit in the R-20 District. The site is zoned R-20. (B)Minimum side, rear and front yard setbacks can be easily met. (C)Section 63 permits at the discretion of the Building Inspector the erection of more than one principal use on a lot or tract. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: (A)Land in the immediate area is developed with mobile homes and attached single family uses. Land to the north is zoned industrial and is occupied by General Electric's Castle Hayne plant. It has two basic divisions: nuclear and aircraft engines. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 320 (A)With the exception of the General Electric plant to the north, the area is predominantly rural in nature. (B)The proposed number of units relative to the overall size of the tract is consistent with the uses permitted in the R-20 District. (C)Proposed alignment for the Wilmington Highway 17 By-pass (Northern Outer Loop) may impact the property. Chairman Greer asked if the petitioner or any other sworn-in persons would like to comment. Mr. Steve Rhodes, the petitioner, reported he was satisfied with the recommendation of the Planning Board, and he requested the Board to approve the Special Use Permit. Chairman Greer asked Mr. Rhodes if he concurred with the Staff findings as presented by the Planning Director? Mr. Rhodes agreed with the findings as presented. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit to Stephen Rhodes for the construction of only eight (8) duplexes as shown on the original plan, curtail development on the rear portion of the property until the route has been defined for the Wilmington By-pass, and require road improvements needed to comply to minimum County standards based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 16. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO WILLIAM MERRIMAN TO EXPAND AN EXISTING COMMUNITY BOATING FACILITY BY ADDING SIX SLIPS AT THE EASTERN END OF CAPTAIN'S LANE IN THE MASONBORO LANDING SUBDIVISION Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons who wish to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director William Merriman, Applicant I. E. Blevin Chip Jackson Ray Richardson Planning Director, Dexter Hayes, reported the applicant seeks to expand an existing twelve (12) slip community boating facility by adding six (6) slips. The existing facility was constructed in the early 1980's and pre-dated the current Special Use Permit requirement for similar uses. The current facility is linked to the Masonboro Landing Subdivision and the additional slips would be linked to Phase II of Masonboro Landing. He reported the Planning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 321 Board voted unanimously to recommend approval of the request as submitted. Existing residents of Masonboro Landing voiced their concerns about the proposed parking spaces to be located adjacent to the existing bulkhead. These spaces are intended for short-term use to accommodate loading and unloading of boats. The Masonboro Landing residents felt the spaces should be moved away from the bulkhead to an area just to the west that has historically been used. The applicant advised that CAMA would closely scrutinize any planned parking that affects coastal wetlands and noted that he was not sure if shifting of the space would be permitted. The Planning Board did not believe the loading area as proposed was an important issue and decided to allow CAMA to determine the fate of this issue. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (A)If properly installed, the expansion should create minimal impacts. The additional slips would be located along an existing retaining wall, leaving only the installation of pilings and the extension of the existing five (5) foot floating dock by an additional 77 feet. (B)The site has access via an existing 30 foot easement that will be connected to an extension of Captain's Lane when Phase II of Masonboro Landing is constructed. (C)The site is located in the Myrtle Grove Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (A)Community boating facilities are permitted by Special Use Permit in the R-15 Residential District. The site is zoned R- 15 Residential. (B)The total number of slips, including the expansion area, would be eighteen (18). The total number of lots in Masonboro Landing, including the Phase II expansion area, is twenty (20). When County sewer becomes available, the central waste treatment area for Phase II will be abandoned, freeing up that lane for two (2) additional lots. (C)Adequate land area is available to meet off-street parking requirements. Some of the parking needs will be accommodated on individual lots. (D)No commercial activities are proposed. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: (A)The additional slips would be located in an existing marina basin. (B)Facilities like these normally increase the value of residential properties. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 322 is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: (A)Similar facilities are commonplace along the New Hanover County waterfront. (B)The facility is a water dependent use which is consistent with the 1993 Land Use Plan. Chairman Greer asked if the petitioner or any other sworn-in persons would like to comment. Mr. Chip Jackson, an environmental consultant representing the petitioner, Mr. William Merriman, presented an addendum to the parking plan which will establish seven (7) permanent parking spaces west of the turn-around area. The Special Use Permit is being requested to allow for six additional boat slips to the Masonboro Landing Boat Basin to coincide with development of Phase II of the subdivision. The preliminary subdivision plan has been approved for Phase II of Masonboro Landing. The community boating facility is an existing permitted basin which was built along with Phase I of the Masonboro Landing Subdivision and currently contains 12 slips, out of which 10 slips are for the property owners in Phase I. Provisions were made in the basin deed between the developer and the homeowners association to allow for expansion of the basin with future development. There has been concern by the residents about the parking plan, and an addendum has been presented to resolve these concerns and meet the environmental regulations pertaining to wetlands. The Board was requested to approve the Special Use Permit for expansion of the boating facility. Mr. Ray Richardson, representing the Masonboro Landing homeowners, expressed concern for losing parking spaces at the dock which are most beneficial to the existing homeowners. He explained that the homeowners were not opposed to the new construction, but the residents were concerned about the loss of ten permanent parking spaces. He requested the Board to place a condition in the Special Use Permit, if approved, that will require the establishment of seven (7) permanent parking spaces at the dock. Chairman Greer asked Mr. Jackson if Mr. Merriman would be willing to place seven (7) permanent parking spaces at the dock. Mr. Jackson responded that Mr. Merriman would agree to this condition. Chairman Greer asked Mr. Jackson if he concurred with the Staff findings presented by the Planning Director? Mr. Jackson concurred with the findings as presented. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit to expand an existing community boating facility at Masonboro Landing by adding six (6) slips contingent upon seven (7) permanent parking spaces being established at the dock based upon the evidence presented concluding the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 323 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 16. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ESTABLISH THREE (3) ALTERNATES FOR THE ZONING BOARD OF ADJUSTMENT Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted to approve the Zoning Text Amendment to revise Section 120-1 for the appointment of three (3) alternates instead of two (2) alternates for the Zoning Board of Adjustment. The by-laws were revised by the Board of County Commissioners on November 21, 1994, because of concern about having enough members of the Zoning Board of Adjustment present to constitute a quorum. The Zoning Ordinance needs to be amended to reflect this change. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the Text Amendment revising Section 120-1 of the Zoning Ordinance for appointment of three (3) alternates to the Zoning Board of Adjustment instead of two (2). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 14. PUBLIC HEARING TO CONSIDER RENAMING LANCASTER STREET (SR 1488) IN THE MIDDLE SOUND COMMUNITY TO CHEWNING STREET Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, informed the Board that Lancaster Street located in the Ocean View development between Hess and Bailey Avenues in the Middle Sound Community was a road name duplication. He requested the Board to rename the street to Chewning Street and advised that a majority of the residents were in agreement with the name as well as the E-911 Center. He requested the Board to adopt an ordinance to rename the road and assign house numbers. Chairman Greer asked if anyone from the public would like to comment. Ms. Chewning reported on the problems being experienced with identifying the location of the street because of a duplicated name, and she requested the Board to approve the orders renaming the street and assigning house numbers. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt ordinances renaming Lancaster Street (SR 1488) to Chewning Street and assigning new house numbers as recommended by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the ordinances are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 14. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 324 ADDITIONAL ITEMS - COUNTY ATTORNEY Discussion of Leader Construction Company Lawsuit Settlement County Attorney Copley reported settlement had been reached on the Leader Construction Company lawsuit, and advised that the surety company had agreed to pay the County $60,000, which is in addition to the $50,000 already received from the architect, HNTB. She requested the Board to accept the $60,000 settlement. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to accept the $60,000 settlement from the surety company for the Leader Construction Company lawsuit. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barone reported that no repairs had been made at the Airport and she expressed concern about the damage that will continue to occur with water seeping inside the roof. She requested the Board to urge the Airport Authority to move forward with repairing the roof. Consensus: It was the consensus of the Board for the County Attorney to request the Airport Authority to move forward with repairing the roof to avoid further water damage. Discussion of Proposed Legislation for the Short Session of the North Carolina General Assembly County Attorney Copley commented on the proposed legislation for the Short Session of the N. C. General Assembly and reported the Steel Can Ban legislation had been amended to prohibit steel can incineration as requested by Chairman Greer. She requested the Board to review the proposed legislation so that any concerns could be discussed at the Staff meeting to be held on Thursday, April 11, 1996. She reported once the proposed legislation was in order, packets would be made for each legislator and elected officials from the municipalities before the Legislative Coordinating Council meeting to be held on April 29, 1996. Chairman Greer advised that language had been prepared by the State Ombudsman regarding the formula on the number of members that could serve on Nursing Home Community Advisory Boards. He requested the County Attorney to check into this recommendation to see exactly what is being requested by the State Ombudsman. County Attorney Copley reported she would contact the State Ombudsman and report on the details of the legislation before the next Staff Meeting to be held on April 11, 1996. She advised that a local bill had been prepared by the County to allow one committee member for every fifty nursing home residents. Also, a local bill had been prepared to allow New Hanover County to retain its own Ombudsman. Discussion of Ogden Volunteer Fire Department Substation County Attorney Copley reported after meeting with Jim Lea, the attorney for the Ogden Volunteer Fire Department, and George Rountree, the attorney for Figure Eight Island residents, a draft agreement has been presented to the County. She requested the Board to pay particular attention to the following items in the agreement: 1.The County and the Ogden Volunteer Fire Department would be tenants in common in the land and building. New Hanover County would receive an interest commensurate with its contribution, but not more than 49%. 2.Ogden's interest includes an appreciated property value. Ogden paid $35,000 for the property, but would receive credit for the current appraised market value. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 325 3.If Ogden loses its County contract, the County would be required to purchase Ogden's share at a 125% premium (125% times the current market price). She requested the Board to review these items and be prepared to discuss the draft agreement at the Staff Meeting to be held on April 11, 1996. Discussion of Paint Problem at the Animal Control Center County Attorney Copley reported that a problem had developed with the paint used on the cement floor at the Animal Control Center. A two-part epoxy paint was purchased for the project from the N.S.P. Specialty Products Company. Group III was paid $5,000 to apply the paint. Within a couple of months, the floor paint began to flake and peel. In almost all areas where the paint was applied it has deteriorated. Paint specialists have cited the following causes for the problem: (1) improper mixing; (2) improper cleaning of the concrete prior to application; (3) failure to wash off muriatic acid (used to etch the concrete) prior to application; (4) moisture migration from below; or (5) failure to follow application procedures outlined by the paint supplier. After discussion with a paint specialist, it would cost the County approximately $4,000 to hire a paint expert to determine the cause of the problem plus an additional cost for testifying in court. County Attorney Copley requested direction from the Board as to whether the County should hire a paint expert and move forward with litigation, or spend the money to correct the deficiencies. County Manager O'Neal reported Staff felt the problem occurred from not completely removing the muriatic acid when preparing the concrete floor for the paint application. He advised that this work was performed by the paint contractor. However, after reviewing the problem and being aware of the numerous times the concrete floor has to be washed, the County may need to consider installing tile in lieu of repainting the floor. Vice-Chairman Mathews asked if anyone guaranteed the paint or application of the paint? County Manager O'Neal stated the County purchased the paint in an effort to save money. He reported the painter denies the responsibility of the paint failure because the paint was purchased by the County. Further discussion was held on the cost of installing tile in this portion of the Animal Control Facility. Vice-Chairman Mathews recommended installing tile to take care of the problem if the cost is comparable to the amount of money that will be spent in filing a lawsuit. County Manager O'Neal responded he was not sure of the cost involved with installing tile; however, he would be glad to check into this matter and report back to the Board. Chairman Greer expressed grave concern for using taxpayers money to pay for poor, shoddy work performed by contractors, and he recommended moving forward with litigation. Commissioner Sisson agreed and stated the County should pursue filing a lawsuit when a contractor has not fulfilled the obligations of a contract. Consensus: After further discussion, it was the consensus of the Board to direct the County Attorney to move forward with filing a lawsuit against the paint contractor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 1, 1996PAGE 326 ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of a County Water System Commissioner Caster commented on his many trips to other counties during the campaign and reported that many smaller counties had elaborate water and sewer systems. He asked why New Hanover County had not been able to develop a water system? County Manager O'Neal reported that federal and state grant funds were available for water and sewer systems approximately 15 years ago under certain eligibility requirements. Since New Hanover County was not one of the poorer rural counties at that time, the County was not eligible to apply for grant funding. Commissioner Sisson reported other alternatives could be considered such as working with the Lower Cape Fear Water and Sewer Authority to provide water for fire fighting purposes on Highway 421 North. He urged the Board to consider other alternatives so that adequate water supplies could be provided to heavily populated areas throughout the County. Report on a Visit to the Caribbean Mercy Ship Vice-Chairman Mathews reported on visiting the Caribbean Mercy Ship and reading the proclamation adopted by the Board of County Commissioners at the last meeting. He commented on the outstanding medical services given by volunteers serving on these ships, and he urged persons to take time to visit the ship and contribute or donate some of the items needed for the provision of medical services to needy countries. Discussion of the Acoustics and Rental of the Assembly Room Vice-Chairman Mathews commented on the poor quality of the sound system during the meeting and he requested Staff to search the records to see what recommendations were made by the sound engineer, such as carpeting drapes, etc., when installing the sound system. Assistant County Manager, Dave Weaver, stated he would check into this matter and report back to the Board. County Manager O'Neal reported that someone did go into the sound room and turn the control knobs on the main component, which has created a problem with the entire sound system. He advised the Board that the system would be checked and working before the next meeting. Discussion was held on whether renting the Assembly Room was worth the damage that has occurred to the room, particularly to the floors. County Manager O'Neal reported the Board could discontinue renting the room; however, he felt the public would complain about this decision. Assistant County Manager Weaver reported the Director of Property Management was in the process of preparing a recommendation for discontinuing rental of the Assembly Room or increasing the current fee of $250 for private receptions held in the room. He advised that the City currently charges $750 for private receptions in the Council Chambers and reported this item will be placed on the agenda within the next month. ADJOURNMENT Chairman Greer adjourned the meeting at 10:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board