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1996-09-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 564 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 3, 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 Reverend David Porter, Pastor of Freedom Fellowship & Worship, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following remarks were received: Discussion of Paving Roads in the Myrtle Gardens Community Ms. Cheryle Croom, representing the Myrtle Gardens Homeowners Association, reported the Myrtle Gardens community was comprised of 100 landowners who were not wealthy people. Concern was expressed for the unmet needs of this community, particularly with the paving of roads which have become almost impassable for vehicles. She advised that approximately two years ago, the homeowners appeared before the Board of County Commissioners and requested assistance in contacting the local N. C. Department of Transportation (NCDOT) office about the need for the roads to be paved in Myrtle Gardens. At that time, Mr. Jim Cook, the District Engineer for the local office, contacted the residents leading them to believe that the roads would be paved. Two years later, nothing has been done and residents have no choice but to appeal to the Board of County Commissioners for assistance in getting the roads paved. Chairman Greer advised that he would be glad to contact Mr. Cook again to see if some assistance could be given. Consensus: After discussion of the rights-of-way problems experienced in the Myrtle Gardens community, it was the consensus of the Board for Staff to check into this matter to see if any assistance could be provided to encourage the N. C. Department of Transportation to pave the roads. Discussion of South College Road Properties Located on Carolina Beach Road Mr. Alton Lennon, representing South College Road Properties, reported on previously appearing before the Board requesting that the remaining phases of the Johnson Farms and Still Meadow Village high density projects remain under the original Zoning Ordinance, not the amended ordinance that will become effective September 1, 1996. He advised that the developer had submitted the application and necessary documents for completion of the project to the Technical Review Committee before the September 1, 1996, deadline. With reference to the availability of water and sewer capacity to the project, the developer has obtained a letter from Cape Fear Utilities, Inc. satisfying this concern, and a letter has been NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 565 obtained from the County Engineer, Wyatt Blanchard, with respect to sewer availability. Attorney Lennon stated the developer had complied in a proper and timely manner; therefore, the Board should allow the remaining phases of the projects to be completed under the high density regulations outlined in the original Zoning Ordinance. Discussion was held on how pending petitions were being handled by the Planning Department and Technical Review Committee. Planning Director, Dexter Hayes, explained that all required permits and documents must be received before September 1, 1996. If not, a Special Use Permit would be required for any high density project. Motion: After discussion of the fact that the application was filed before September 1, 1996, and the water and sewer availability issue had been resolved, Commissioner Barone MOVED, SECONDED by Commissioner Caster to allow the applicant to develop the remaining phases of the high density project under the regulations in effect under the original Zoning Ordinance before it was amended. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Public Hearing - August 12, 1996 Hurricane Critique - August 15, 1996 Adoption of Proclamation to Declare September 28, 1996, as "HUNTING AND FISHING DAY" in New Hanover County The Commissioners adopted a proclamation declaring September 28, 1996, as "Hunting and Fishing Day" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. Adoption of Resolution to Award Bid #97-0071 (Contract #97-0071) to Bob King Pontiac-GMC, Inc. for the Purchase of Vehicles for the Sheriff's Department and Approval of Budget Amendment #97-0031 The Commissioners adopted a resolution awarding the bid to Bob King Pontiac-GMC, Inc., the only responsible bidder, in the amount of $56,995 for the purchase of five used vehicles for the Sheriff's Department. A Budget Amendment in the amount of $29,335 was approved as listed below, and State funding will be received in the amount of $28,495. The Chairman was authorized to execute the contract documents. #97-0031 Sheriff/Administration Debit Credit Sheriff/Administration DSS Transfer/Sheriff $29,335 Motor Vehicle Purchase $29,335 Purpose: To budget funds for the purchase of two vehicles to be used by the Sheriff's Deputies for support enforcement. DSS will reimburse the Sheriff's Department to cover the cost of the vehicles. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 566 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. A copy of the contract is on file in the Legal Department. 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: Lantana Lane Roads in Shinn Point Subdivision Todd Avenue Weeping Willow Road Roads in Beaver Creek & Elk Run Subdivisions Meadowood Drive, Smith Creek Estates Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 25. Approval of Budget Amendment #97-0030 - Emergency Management The Commissioners approved the following Budget Amendment: 97-0030 - Emergency Management Debit Credit Emergency Management Other $3,277 Departmental Supplies $3,277 Purpose: To budget additional revenue and expenses from the CP&L drill. Approval of Budget Amendment #97-07 - Control Substance Tax - Sheriff's Department The Commissioners approved the following Budget Amendment: 97-07 Controlled Substance Tax Debit Credit Controlled Substance Tax Capital Project Controlled Substance Tax $716 Controlled Substance Tax Capital Project Supplies $716 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 #97-08 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: #97-08 - Federal Forfeited Property Debit Credit Federal Forfeited Property Capital Project Federal Forfeited Property $5,321 Federal Forfeited Property Capital Project Supplies $5,321 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. PUBLIC HEARING TO CONSIDER INSTALLMENT FINANCING OF LAND ACQUISITION IN NORTHCHASE FOR CONSTRUCTION OF A BRANCH LIBRARY County Manager O'Neal requested the Board of County Commissioners to hold a Public Hearing to consider approval of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 567 proposed financing contract with First Union National Bank to finance land for a branch library site in NorthChase. He advised that soil boring tests had indicated the soil was marginally suitable for the proposed construction; however, after a review by the Engineering Staff, it was concluded that with backfill dirt and construction of additional footings, the site would be suitable for construction. He requested the Board to adopt a resolution and approve a Budget Amendment to finance the land purchase in the amount of $192,850. Chairman Greer opened the Public Hearing and inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Commissioner Sisson commented on the marginally suitable soil and requested Staff to be sure that no problem would be incurred with constructing a building on this type of soil. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt a resolution approving Contract #97-0132 with First Union National Bank for financing of land in NorthChase for the construction of a branch library, and approve the associated Budget Amendment as listed below. The Chairman of the Board, County Manager and Finance Officer were authorized to act on behalf of the County regarding the contract and other necessary actions. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. A copy of the contract is on file in the Legal Department. 97-0032 - Non-Departmental/Library Debit Credit Non-Departmental Administrative Reserve $ 42,892 Installment Debt $ 42,892 Library Installment Loan $192,850 Land Purchase $192,850 Purpose: To transfer funds from the Administrative Reserve to Installment Debt to pay the first year's payment of $42,892 for the land purchase. To record the installment debt purchase for the land in the amount of $192,850 for construction of a branch library. ACTION DEFERRED ON MANAGEMENT PLAN FOR MASON'S INLET Assistant County Manager, Dave Weaver, reported New Hanover County in conjunction with the Town of Wrightsville Beach and the Shell Island Resort were in the process of appealing the decision rendered by the Coastal Resources Commission for stabilization of Mason's Inlet to stop migration of the inlet to the south which has created severe erosion problems for the Shell Island Resort. He requested the Board to adopt a resolution of support that will commit the County to the following actions: (1)Authorize issuance of a performance bond or letter of credit to the State prior to issuance of a permit in the amount of $50,000 to guarantee removal of the temporary sandbag revetment in five years. (2)Agree to enter into a signed Consent Order in a form acceptable to the State prior to issuance of a permit regarding the removal of the sandbag revetment in five years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 568 Chairman Greer recommended amending the resolution to clearly state that the $50,000 will be paid by the Shell Island Homeowners Association. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to adopt the resolution with the following changes: (1) the Shell Island Homeowners Association will pay $50,000 for design work, permits, and development of a plan to stabilize Mason's Inlet for the long-term. County Attorney Copley advised that language should be incorporated into the resolution that will not commit the County to the development of any long-term action. County Manager O'Neal recommended allowing the Assistant County Manager and County Attorney to reword the resolution and bring it back to the Board at the end of the meeting. The MOTION WAS WITHDRAWN. Assistant County Manager Weaver presented the following framework for developing the Mason's Inlet Management Plan. Phase I:Historical Data Collection Compilation Phase II:Field Surveys and Investigations -Hydrographic Studies Baseline Establishment Beach & Offshore Surveys & Sediments Sampling -Survey of Exterior Tidal Shoals (Optional) Tide and Current Measurements Natural Resource Surveys Phase III:Natural Resources Data Synthesis and Analysis -Environmental & Natural Resources Data Synthesis, Analysis & Mapping -Impact of Inlet on Adjacent Beaches and Sediment Budget -Inlet Hydraulic Characteristics and Hydrodynamics Modeling Phase IV:Model Set-up and Testing -Model Calibration -Analysis of the Proposed Modifications Phase V:Alternatives Evaluation -Identify and Evaluate Alternatives for Long-Range Management -Assess Impact of Each Alternative on Natural Resources -Identify Interests and Feasibility of Obtaining Permits Phase VI:Plan Recommendations -Formation of a panel of experts and interested parties to provide input as the planning process progresses. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 569 -Obtain a second engineering evaluation of the completed plans. -Pursue a major opportunity for greatly expanded beach access upon long-term stabilization of the Inlet. Assistant County Manager Weaver requested the Board to approve the management plan documents. A lengthy discussion was held on whether the management plan should be adopted. Commissioner Sisson inquired as to why the plan was needed. Assistant County Manager Weaver responded that adoption of the plan would be helpful in convincing the State that New Hanover County was supportive of the actions that have to be taken to stabilize Mason's Inlet over a long-term period of time. Discussion was held on the cost involved with the long-range plan. Assistant County Manager Weaver responded the cost would be several million dollars. Commissioner Sisson expressed concern for the time given by Staff to prepare this type of plan and stated for New Hanover County to provide in-kind services or monetary commitments was not the intent of the Board when supporting the project. Consensus: It was the consensus of the Board to defer action on the plan to provide more time for study the document. CONSIDERATION OF REQUEST TO INCREASE THE CONTINGENCY FUND FOR THE RENOVATION OF THE EXISTING DEPARTMENT OF SOCIAL SERVICES BUILDING Deputy County Manager, Andrew J. Atkinson, reported the expansion to the Department of Social Services (DSS) building had been completed as of August 23, 1996. The next phase of the project is to begin renovation work on the existing building. He recommended transferring interest earned from the project fund in the amount of $35,700 to the DSS Contingency Fund to cover possible changes during the renovation phase of the DSS expansion project. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the transfer of interest earned from the project fund in the amount of $35,700 to the DSS Contingency Fund to cover possible changes in the renovation project. Chairman Greer strongly objected to transferring the funds into the DSS Contingency Fund because the total cost of the project would be increased. He recommended transferring the interest earned from the project into the County's General Fund. Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer BREAK Chairman Greer called a break from 8:08 P.M. until 8:24 P.M. CONSIDERATION OF ESTABLISHING A NEW HANOVER COUNTY PARKS FOUNDATION Mr. Jack Bragg, Chairman of the Parks & Recreation Advisory Board, reported the Board had been working to create a "Parks Foundation" to encourage gifts of money, land, or other resources for parks and open space; initiate fund raising efforts for the parks, and support future bond referenda. He advised that funds will be used for completion and development of parks. The name of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 570 the organization will be the "New Hanover County Parks Foundation" and the membership will be open to all citizens of the County who are in sympathy with its purpose and to representatives of organizations and clubs when such representation is desired by the Board of Directors. The officers will be comprised of a President, Vice-President, Secretary, and Treasurer. The Board of Directors will consist of seven members, three to be appointed by the New Hanover County Board of Commissioners and four elected directors. The Board of Directors will be responsible for conducting the affairs of the foundation as outlined in the By-Laws. Motion: After discussion of this being an excellent idea, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the establishment of a New Hanover County Parks Foundation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, expressed appreciation to the members of the Parks & Recreation Advisory Committee for the effort given to prepare the documents for establishment of a Parks Foundation. A copy of the By-Laws are hereby incorporated as a part of the minutes and are contained in Exhibit XXIII Book, Page 25. ADOPTION OF A RESOLUTION TO SUPPORT A STUDY OF THE SPEED RAIL COMPONENT OF THE TRANSIT 2001 PLAN County Manager O'Neal presented a revised resolution of support for conducting a study of the speed rail component of the Transit 2001 Plan. He requested the Board to adopt the resolution as presented. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt the revised resolution 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 XXIII, Page 25. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO DALKEITH HOMEOWNERS ASSOCIATION FOR CONSTRUCTION OF A COMMUNITY BOATING FACILITY AT 5625 DALKEITH ROAD (S-397, 8/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to comment during the Public Hearing must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Bob Johnson Planning Director, Dexter Hayes reported the Planning Board voted unanimously to recommend approval of the Special Use Permit for addition of two boat slips and improvements to the community boating facility located at 5626 Dalkeith Road. He noted that because of the site's proximity to outstanding resource waters, it would be wise to permit the required off-street parking at each residential lot. This would reduce impervious surface coverage and further reduce potential threats to water quality in the Masonboro Sound. 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 571 A.Water and sewer services are not needed for the operation of the facility. B.The site has access to Dalkeith Road, a private road owned and maintained by the Dalkeith Homeowners Association. C.The site is located within the Winter Park 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-20S District. The property is zoned R-20S. B.No off-street parking is provided; however, that need could be accommodated on individual lots in the adjacent subdivision. C.Each lot has direct access to the facility via an easement. D.Temporary turbidity can be anticipated during construction, but impacts to shellfish, conservation resources and water quality should be minimal. E.No commercial activities are planned. 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.There are numerous small boat docks located along the waterway. B.The placement of similar facilities has historically increased the value of waterfront 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 is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.Piers, docks, and related facilities are commonplace along the waterway. B.The Land Use Plan encourages water dependent uses provided that important natural resources are not impacted. Chairman Greer inquired as to whether the petitioner would like to speak. Mr. Bob Johnson, the petitioner, advised that the additional slips would be used by the homeowners, and he requested the Board to approve the Special Use Permit. Chairman Greer asked Mr. Johnson if he concurred with the Staff findings as presented by the Planning Director? Mr. Johnson agreed with the findings as presented by the Planning Director. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 572 Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve issuing the Special Use Permit to the Dalkeith Homeowner's Association to upgrade an existing four slip dock by adding two additional boat slips based upon the evidence presented concluding that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 18. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO SAMUEL MALPASS TO LOCATE A SINGLE-WIDE MOBILE HOME AT 133 FLEMINGTON ROAD (S-398, 9/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to comment during the Public Hearing must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Samuel Malpass Planning Director Hayes reported the applicant had requested a Special Use Permit to locate a single-wide mobile home at 133 Flemington Road which is located in an I-2 Heavy Industrial District. He 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.Water and sewer will be provided by a well and septic tank. B.The site is located in the North Wilmington Fire Department District. C.The site has direct access to Flemington Road, a state maintained 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.Mobile homes are permitted by Special Use Permit in the I-2 Heavy Industrial District provided that all dimensional requirements as specified for residential dwellings in the R- 15 District are met. B.The site is zoned I-2 Heavy Industrial. 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.There is another mobile home already located on the site and there are several mobile homes in the general vicinity. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 573 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.A variety of land uses exist in the area. Much of the land to the south, east and north is developed with light industrial uses, heavy manufacturing, commercial services, and trucking. Land to the west is predominantly older wooden framed homes and mobile homes. Chairman Greer asked the petitioner if he would like to speak. Mr. Samuel Malpass, the petitioner, requested the Board to approve the Special Use Permit to locate a single-wide mobile home on the site as proposed. Chairman Greer asked Mr. Malpass if he concurred with the preliminary Staff findings. Mr. Malpass agreed with the Staff findings as presented by the Planning Director. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit to Mr. Samuel Malpass for location of a single-wide mobile home at 133 Flemington 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 18. PUBLIC HEARING TO CONSIDER A REQUEST BY GULF, WORSLEY AND COWPER PROPERTIES, LLC TO REDESIGNATE 3.4 ACRES AT 1200 AND 1205 CULBRETH DRIVE TO PLANNED DEVELOPMENT COMMERCIAL FROM PLANNED DEVELOPMENT OFFICE AND INSTITUTION IN THE LANDFALL PROJECT (Z-576, 8/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to modify the Landfall Plan to allow commercial uses at the end of Culbreth Drive in accordance with the petitioner's request and recommendations by the Planning Staff. Some members of the Planning Board questioned the type of commercial activities planned but did not restrict the uses. Plans for underground drainage on the property are to tie into existing drainage plans in Landfall. There was no opposition present at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the public would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 574 Mr. Erwin Worsley, Jr., one of the property owners, reported based upon the information provided, the site would be used for establishing an extended stay lodging facility. He presented a brochure on this type of facility and stated the surrounding property owners were not opposed to the use. He requested the Board to approve the rezoning request. Commissioner Sisson inquired as to why B-2 zoning was needed in lieu of B-1 zoning? Planning Director Hayes responded that a B-1 District does not allow for any type of lodging facility. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to re-designate 3.4 acres at 1200 and 1205 Culbreth Drive to Planned Development Commercial from Planned Development Office and Institution in the Landfall Project 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 PLANNED DEVELOPMENT DISTRICT OF LANDFALL" is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. PUBLIC HEARING TO CONSIDER REZONING .27 OF AN ACRE AT 1642 MILITARY CUT-OFF ROAD TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z- 577, 8/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the rezoning after considerable discussion about traffic and safety of additional access points along a busy section of Military Cut-Off Road. The Planning Board encouraged the property owners to combine small lots for development and utilize the rear alley for access whenever possible to reduce the number of driveway cuts on Military Cut-Off Road. Chairman Greer inquired as to whether anyone from the public would like to comment. Mr. David Sweyer, the petitioner, reported on appearing before the Board for rezoning his property at 1638 Military Cut-Off Road and stated he had agreed to help the owners to rezone the adjacent property. He requested the Board to approve the rezoning request. Discussion was held on the additional curb cuts on Military Cut-Off Road. Ms. Joyce Green, the owner of the property, stated the traffic has greatly improved with the recent highway improvements and she requested the Board to approve the rezoning request. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve rezoning .27 of an acre at 1642 Military Cut-Off Road to Office and Institution 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 of the minutes and is contained in Zoning Book I, Section 6, Page 67. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 575 PUBLIC HEARING TO CONSIDER REZONING 2.8 ACRES OF LAND LOCATED AT 5654-5660 CAROLINA BEACH ROAD TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported after considerable discussion, the Planning Board voted unanimously to rezone the property to O-I Office and Institution from R-15 Residential with the parcels north and south of the petitioned property being included in the rezoning. The purpose of including the parcels was to consolidate the district at the back where it adjoins a platted right-of-way. The Planning Board felt that small office type uses, health care facilities, and the continued eligibility for residential uses on the property would provide a good transition for the large commercial center at Monkey Junction. Planning Director Hayes advised that the property owners were not opposed to including the parcels to the north and south of the petitioned property as recommended by the Planning Board. Chairman Greer inquired as to whether anyone from the public would like to comment. Mr. Jeffrey Keeter, the petitioner, requested the Board to review the handouts showing the current use of the property in comparison to the adjoining uses of the property in the B-2 District. He advised that the property was classified as urban transition and had accessibility to water and sewer as well as other public services. The Board was requested to rezone the property from R-15 Residential to O-I Office and Institutional Zoning as recommended by the Planning Board. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the request to rezone 2.8 acres of land located at 5654-5660 Carolina Beach Road to O-I Office and Institution from R-15 Residential including the parcels to the north and south of the petitioned property 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 50. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT SUBMITTED BY DAVID BAREFOOT TO AMEND SECTION 41-1 NON-CONFORMING VACANT CONTIGUOUS LOTS OF RECORD BY EXEMPTION OF LOTS WITH AT LEAST 100 FEET IN WIDTH (A-274, 8/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, announced the petitioner, David Barefoot, was not able to attend the meeting; however, he had requested the Board to approve the following Text Amendment to Section 41-1 of the Zoning Ordinance: "If two or more adjoining and vacant lots of record, containing less than 100 feet in total width are single ownership at any time after the adoption of this ordinance, such lots shall be considered as a single or several lots which meet the minimum requirements of the ordinance for the zoning district in which such lots are located." After review, the Planning Staff recommended approval of the applicant's amendment with the added provision that the excluded lots be at least 20,000 square feet in size to read as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 576 "If two or more adjoining and vacant lots of record containing less than 100 feet in total width and less than 20,000 square feet in total area are in single ownership at any time after the adoption of this ordinance, such lots shall be considered as a single or several lots which meet the minimum requirements of this ordinance for the zoning district in which such lots are located." After discussion, the Planning Board voted unanimously to approve the Planning Staff's revision. Chairman Greer inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve an amendment to Section 41-1 of the New Hanover County Zoning as recommended by the Planning Board. 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, 1996" is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION FOR SHELL ISLAND REVETMENT PROJECT RESOLUTION County Attorney Copley presented the following revisions to the resolution of support for the Shell Island Resort sandbag revetment project: NOW, THEREFORE, BE IT RESOLVED, that the New Hanover county board of Commissioners, as demonstrated by the County's record is fully committed to being the lead government entity in 1. the removal of the temporary sandbag revetment at Mason's Inlet within five years; and 2.aiding in the development of an economically and environmentally reasonable and practical plan to stabilize Mason's Inlet over the long-term; and 3.directing its staff, after a permit has been issued for a sandbag revetment to provide temporary protection, to aid in the development of a long-term inlet stabilization plan. BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners: Agrees to enter into a signed Consent Order in a form acceptable to the State and the County Attorney guaranteeing the removal of the sandbag revetment in five years, on the condition that the Shell Island Resort Homeowners Association delivers a performance bond or a letter of credit in a form acceptable to the State, prior to issuance of the temporary sandbag permit, in the amount of $50,000 to guarantee removal of the temporary sandbag revetment in five years. Vice-Chairman Mathews, again, stated he could not support the project. Motion: Commissioner Caster MOVED, SECONDED BY Commissioner Sisson to adopt the revised resolution as read by the County Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 577 Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. APPROVAL FUNDING FOR COMPLETION OF THE DSS EXPANSION Chairman Greer reported after discussion with the County Manager, additional funds were needed to complete the second phase of the DSS expansion project. He recommended funding $20,000 from the County's General Fund contingency to complete the renovation work on the existing building. Motion: After further discussion, Chairman Greer MOVED, SECONDED by Commissioner Barone to approve funding in the amount of $20,000 from the County's General Fund Contingency. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 New Hanover County Water & Sewer District from 9:20 P.M. until 9:26 P.M. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF REVISIONS TO ARTICLE VII, SECTION 29 OF THE PERSONNEL ORDINANCE County Manager O'Neal requested the Board to approve revisions to Article VII, Section 29 of the Personnel Ordinance to ensure reimbursement from FEMA for Administrative Leave that occurs during hurricane events. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the revisions to Article VII, Section 29 of the Personnel Ordinance as presented by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AMENDMENT TO ARTICLE VII, SECTION 29, CHAPTER 6.7 STATE OF EMERGENCY ORDINANCE County Manager O'Neal requested the Board to approve an amendment to Chapter 6.7, Emergency, Section 6.7-16, State of Emergency, in the New Hanover County Code to add the following section: (D)Upon declaration of a State of Emergency and for the duration of such proclamation, all employees of New Hanover County shall be designated and recognized as Emergency Personnel. Chairman Greer stated he had received a letter from an employee who had scheduled a vacation and had to cancel a trip because of being required to work in the Media Center. He expressed concern for this type of situation occurring during a State of Emergency, and requested an explanation from Staff. Deputy County Manager, Andrew J. Atkinson, advised that if an employee was in a leave status, that employee would remain in a leave status and would not have to cancel a planned vacation. Commissioner Caster expressed concern for every employee being designated as emergency personnel and asked if this was necessary? County Manager O'Neal responded if a major hurricane should occur, every employee would be needed to operate the Media Center or Emergency Operations Center. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 578 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve an amendment to Chapter 6.7, Emergency, Section 6.7-16, State of Emergency as presented by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 25. The ordinance will be codified into the New Hanover County Code. INVITATION FROM EASTERN NORTH CAROLINA COUNTY COUNCIL TO PARTICIPATE IN THE 1996 LEGISLATIVE RALLY OF THE EASTERN DELEGATION OF THE GENERAL ASSEMBLY County Manager O'Neal reported the Eastern North Carolina County Council had invited the Board to participate in the 1996 Legislative Rally of the Eastern Delegation of the General Assembly to be held at the Sheraton Grand Hotel in New Bern, North Carolina. He asked the Board if they would like to participate in the event. Consensus: After discussion, it was the consensus of the Board for the County Manager to decline the invitation. STATUS REPORT ON HURRICANE FRAN Assistant to the County Manager, Pat Melvin, presented the latest report from Hurricane Fran and advised that evacuation should be considered late Wednesday afternoon or early Thursday morning. The Board was requested to prepare for a 2:00 P.M. Emergency Meeting on Wednesday, September 4, 1996. ADDITIONAL ITEMS - COUNTY COMMISSIONERS CHANGE IN DATE OF THE REGULAR MEETING SCHEDULED FOR NOVEMBER 4, 1996, TO NOVEMBER 6, 1996 Commissioner Sisson reported the first meeting in November was the day before elections, and he recommended changing the meeting date to Wednesday, November 6, 1996. Motion: After discussion, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to hold the first meeting in November on Wednesday, November 6, 1996, at 6:30 P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF THE FINANCIAL CONDITION OF THE SOUTHEASTERN CENTER Commissioner Sisson advised the Board that the Southeastern Center was in an excellent financial condition. He expressed appreciation to the Board for being supportive of the Center. He stated the Detox Center was opened over the weekend and reported the facility functioned well. DISCUSSION OF PERSONAL WATERCRAFT ORDINANCE Commissioner Caster asked the County Attorney if any recommendations had been prepared for the Personal Watercraft Ordinance? County Attorney Copley advised that Staff was in the process of preparing a recommendation that would be presented to the Board on September 16, 1996. DISCUSSION OF PREPARING A RESOLUTION TO OPPOSE CONSTRUCTION OF THE VIRGINIA BEACH/LAKE GASTON WATER PIPE LINE Chairman Greer reported the North Hampton County Board of Commissioners had requested the County to prepare a resolution opposing the construction of the Virginia Beach/Lake Gaston water pipeline because the basin transfer would establish a dangerous precedent in North Carolina and reduce the flow and assimilative capacity of the Roanoke River. He requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, SEPTEMBER 3, 1996PAGE 579 Consensus: It was the consensus of the Board to request Staff to prepare a resolution opposing the construction of the Virginia Beach/Lake Gaston water pipe line to be presented at the September 16, 1996, meeting. CONGRATULATIONS TO CHAIRMAN GREER FOR BEING ELECTED TO SERVE AS THE SECOND VICE-PRESIDENT OF THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS Commissioner Caster congratulated Chairman Greer for being elected to serve as the Second Vice-President of the N. C. Association of County Commissioners. A round of applause was given to Chairman Greer by the members of the Board. ADJOURNMENT Chairman Greer adjourned the meeting at 9:55 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board