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1993-08-02 Regular Meeting . . . ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 602 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 2, 1993, at 9:00 A.M. in the New Hanover County Administration Building First Floor Assembly Room, 320 Chestnut street, Wilmington, North Carolina. Members present were: commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Vice-Chairman E. L. Mathews, Jr. was absent. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Harold Friedman gave the invocation. Commissioner Sisson led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following remarks were received: Mr. Marvin Lee Grainger expressed concern for the closing of the Food Bank and for the distribution of USDA food commodities, which is a vital source of food for the poor, elderly, and children in need of food products. The Commissioners were requested to fund the distribution of the USDA food commodities through the Food Bank. Chairman Greer expressed appreciation to Mr. Grainger for his concern and requested that a letter be written by Dr. Jack Morgan if the Food Bank is interested in handling the USDA commodities distribution. APPROVAL OF CONSENT AGENDA Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews CONSENT AGENDA Approval of Contract Amendment to Contract #93-0297 with LS3P Architects, Ltd. for Design Services for Ogden and Castle Hayne Parks The Commissioners approved a contract amendment with LS3P to provide full services for Phase 1 of the Ogden Park and reduce services for Phase 2. The fee has been reduced from 10% to 8% of the estimated construction cost on Phase 2. Funds are not available for any design, development or construction at Castle Hayne Park; however, the necessary permitting will be completed. It should be noted that construction drawings for typical features (i.e., ball fields, picnic shelters) will be completed under the existing contract which can be used for future development of both parks. The Chairman was authorized to execute the contract documents. j ( I ! i I I I I /r/'"-- I I I [ \ , l MINVTES OF REGULAR MEETING, AUGUST 2, 1993 P,AG,E n6.0!3 A copy of the contract amendment is on file in the Legal Department. Adoption of Resolution Authorizing an Installment Financing Contract with First citizens Bank for Acquisition of Land for Cape Fear Community College The Commissioners adopted a resolution authorizing an installment financing contract with First citizens Bank for acquisition of a parcel of land known as 700 Front street Associates to be used by Cape Fear Community College. The installment financing contract is for a term of five years with total payments of principal and interest in the amount of $417,239.20. o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 13. RECOGNITION OF NEW HANOVER COUNTY HEALTH DEPARTMENT AWARDS Chairman Greer, on behalf of the Board, recognized and congratulated Diane Vosnock, Medical Laboratory Supervisor, for receiving the Eastern District North Carolina Public Health Association Laboratorian of the Year Award. Chairman Greer, on behalf of the Board, recognized and congratulated the New Hanover County Board of Health and Director of Health, Robert S. Parker, for receiving the Howard 'Beard Award from the National Association of County Health Officials for its outstanding accomplishments in tobacco control. Mr. John Coble, Chairman of the Board of Health, complimented the Health Director, Robert Parker, for his outstanding work in tobacco control and expressed appreciation to County Attorney, Wanda Copley, for her legal assistance. ~ REVIEW OF FIRE COMMISSION BY-LAWS Commissioner Sisson, the Commissioners' representative on the Board of Fire Commissioners submitted the following amendments to the By-Laws, and stated the purpose for the recommendations is to depoliticize the Board of Fire Commissioners and change the representation of members serving on this board: Article I: section 2.3 - Purpose: Add the following clause: Make recommendations on such matters as the Board of County Commissioners shall deem relevant to furnishing fire protection within the County. Article II: Membership and composition: Establish four districts based on the County Planning Department's map reflecting equal population breakdowns. A. One member to be chosen from each District for a 3-year term. No district representative may be associated with a Volunteer Fire Department in that district through: (1) Past, present, or the promise of future membership; (2) Family relationship with a Volunteer Fire Department member including its Board of Directors; and (3) district representatives cannot be recruited or nominated by any Volunteer Fire Department or its members. f"'\ / B. One member from one of the Volunteer Fire Departments in each district; the first Volunteer Fire Department is to have a representative to be chosen by agreement between the district's Volunteer Fire Department every two years-so that no one district has more than one Volunteer Fire Department representative on the Board of Fire Commissioners. Article III: Officers: Add the following sections: ~ ~INUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 604 section 2a. No officer of the Board of Fire Commissioners may be a member of the Fire Inspections Committee. section 3. Officers may succeed themselves for one term. e Article IV: Meetings: Add the proposed sections: 1.5 An agenda of upcoming meetings shall be distributed to the Board of Fire Commissioners at least one week prior to the meeting. 1.6 An agenda must be presented to staff at least two weeks prior to the meeting and must be accompanied by written backup detailing the reason and rationale for the item. 1.7 Non-agenda items may be presented and limited to three minutes. The Board of Fire Commissioners may not vote on a non-agenda item at the meeting at which it is presented. Article V: Miscellaneous: Add the following items: 1. The County Emergency Management Department shall act as staff for the Board of Fire Commissioners. 2. The role of the Fire Inspections Committee shall be limited to advice on specialized equipment and to insuring that all departments meet the necessary ISO standards. This committee shall not involve itself in other business of the Board of Fire Commissioners. e Chairman Greer reported, in his opinion, the Board of County Commissioners and Volunteer Fire Departments have not followed the appointment procedure as outlined in the By-Laws. The intent of the Board of County Commissioners when establishing the Board of Fire Commissioners was for the Commissioners to appoint four (4) members not involved with the activities of the Volunteer Fire Departments to serve on the Fire Commission. If the Commissioners had followed this procedure, it is doubtful some of the present problems would have occurred. As to whether population districts should be established is another matter. Further discussion was held on establishing four districts. commissioner Sisson reported the establishment of four districts would serve two purposes: (1) provide more equal representation on the Board of Fire Commissioners based on population; and (2) ensure that a district representative has no association with a particular Volunteer Fire Department. The Board of Fire Commissioners would be composed of nine representatives as follows: Four (4) at-large representatives appointed by the Board of County Commissioners. Ie Four (4) representatives would be appointed by the individual Volunteer Fire Departments based on agreement among the fire departments. If a district should encompass two Volunteer Fire Departments, the fire departments would have to agree upon a representative from one of the Volunteer Fire Departments within the district. The next available vacancy would then be filled with a representative from the other Volunteer Fire Department within that district. A County Commissioner would serve as the ninth member of the Board of Fire Commissioners. Commissioner Sisson reported this appointment process would force more cooperation among the Volunteer Fire Departments and remove the politics and infighting that is now occurring. Discussion was held on the proposed population districts. Chairman Greer inquired as to what would happen if one Volunteer j /~ / I , , MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 605 Fire Department was in two districts? commissioner sisson stated the district could be redrawn to conform to the actual fire service area, or if a majority of a fire service area was in one district, a representative would be appointed from that Volunteer Fire Department. Each district would have two representatives on the Board of Fire Commissioners, one at-large member appointed by the County Commissioners and one member appointed as a representative of the Volunteer Fire Department. commissioner Barone recommended appoint of a small committee composed of members of the Board of Fire Commissioners and two County Commissioners to reach a consensus and prepare a recommendation to be presented to the Board of County Commissioners for consideration. commissioner sisson commented on the need to establish a time frame for preparation of a recommendation if a committee is appointed and expressed concern for the Volunteer Fire Departments being opposed to any changes. Emphasis was placed on the number of issues that need to be resolved and the need to fill four vacancies that currently exist on the Board of Fire Commissioners. commissioner Barone expressed appreciation to the Volunteer Firemen for the fire service provided and reported the Commissioners desire to see an equitable solution to the proposed contract and By-Laws. Emphasis was placed on the fact that the Volunteer Firemen are needed to provide fire service and that decisions will have to be made that will not be agreeable to all parties involved. The Commissioners are responsible for the protection of monies paid by the citizens of the unincorporated County through the special Fire Service District, and it is hoped that appointment of a small committee will achieve a satisfactory solution to the problems being experienced. Consensus: After a lengthy discussion on resolving the concerns as soon as possible, it was the consensus of the Board to appoint a committee composed of two County Commissioners and four representatives of the Volunteer Fire Departments to prepare a recommendation addressing the following issues: (1) a review of the By-Laws with consideration of the recommendations presented by Commissioner Sisson; and (2) a review of the proposed contract with consideration of the concerns presented by the Attorney, John J. Burney, representing the Volunteer Fire Departments. Recommendations are to be presented to the Board of County Commissioners on September 7, 1993. Consensus: After further discussion, it was the consensus of the Board to appoint Commissioner Sisson and Chairman Greer to serve on the Ad Hoc Committee for study and review of the By-Laws and proposed contract. STATUS REPORT ON THE NORTH WILMINGTON VOLUNTEER FIRE DEPARTMENT Director of Emergency Services, Dan Summers, reported the former North Wilmington Volunteer Department has conveyed the title of the property back to Cape Industries. Services to north Wilmington are still being provided by the winter Park Volunteer Fire Department and Wrightsboro Volunteer Fire Department. No sub- committee meetings have been held since the meeting with Cape Industries several months ago. Due to the number of vacancies on the Board of Fire commissioners, a full board should be in tact in order for the subcommittee to continue to study fire coverage for this area. In the interim, the Wrightsboro Volunteer Fire Department and winter Park Volunteer Fire Department can continue to provide fire service to north Wilmington; however, if the need should arise, the County can consider temporarily contracting with the city of Wilmington to provide fire service. After a meeting with Cape Industries, it was concluded that another meeting should be scheduled within three weeks for further study and review. It '- () () () . . . ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 606 was also concluded that a Volunteer Fire station should be housed in this area since special fire equipment and fire fighting apparatus are needed to handle industrial fires that could occur. Mr. Bob Mack, representing Cape Industries, reported a summary of recommendations will be presented by September 30, 1993, as request~d by Commissioner sisson. CONSIDERATION OF REQUEST BY THE WILMINGTON BOARD OF REALTORS TO REQUIRE USE OF TAX PARCEL NUMBERS WHEN RECORDING REAL ESTATE TRANSFERS Mr. Bob Cantwell, representing the Wilmington Board of Realtors, requested adoption of an ordinance that will require the tax identification number being placed on a deed before recordation. This procedure would be beneficial to all parties involved and would be a step forward in better coordinating the activities of the Register of Deeds, the Tax Department, and Building Inspections Department. Currently, there is a duplication of effort within County departments. Assistant County Manager, Dave Weaver, reported staff feels the usage of tax parcel identification numbers is an excellent idea; however, time is needed to review the best method of implementation with the current manpower and MAPS program as well as any legal aspects of the proposal. Discussion was held on the legality of such an ordinance. Assistant County Attorney, Kemp Burpeau, reported Mr. Bill Campbell, an attorney with the Institute of Government, feels that State law setting forth recordation requirements preempts a County Ordinance; therefore, the County would not be empowered to refuse recordation of an otherwise recordable deed. This approach is a very conservative reading of the law; however, after discussion with other attorneys throughout the State, it is felt that the filing of any lawsuits would be highly unlikely with this type of an ordinance. Further discussion was held on the proper method of implementing a tax parcel identification process. Commissioner Sisson commented on this being an excellent idea but recommended review of the following items: (1) will more staff time be required? (2) will additional employees need to be hired? (3) Is this the proper system to use, or will this type of system have to be converted to another system within a few years? Commissioner Barone commented on the many talented volunteers throughout the community and recommended the use of volunteers in lieu of hiring additional personnel. Mr. Robert Calder, a real estate attorney, reported 95% of this effort is accomplished by the attorney who has performed a title search, whether for a new mortgage; cash closing; or refinancing. The number of persons being required to provide the tax identification number before recording the deed would be minimal; therefore, this should not be a problem for the present staff. The Registrar of Deeds, Mary Sue Oots reported when a deed is recorded, an extra copy is made and forwarded to the Land Records Section in the Tax Department. Many times attorneys have already placed a tax identification number on the deeds. Eventually the State will require the placement of Parcel-Identifier-Numbers (PIN) on recorded deeds. As to when New Hanover County will use the PIN system is unknown at this time. In her opinion, an ordinance can be adopted stating the Register of Deeds office can refuse to j ,,--- / ( ~INUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 607 record any deed that does not have a tax identifier number. The burden would then be placed upon the person presenting the instrument for recording, not the Register of Deeds office. Consensus: After further discussion, it was the consensus of the Board to authorize Assistant County Manager, Dave Weaver; Registrar of Deeds, Mary Sue Oots; a representative from the Wilmington Board of Realtors; and a representative from the Land Records section of the Tax Department to study the matter and present a recommendation to the Board on September 7, 1993. () APPROVAL OF NEW PERSONNEL POLICY IN COMPLIANCE TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993 - HUMAN RESOURCES DEPARTMENT Assistant Human Resources Director, Mary Ann Walton, ~equested adoption of Article VII, sections 35-41 to the New Hanover County Personnel Policy to comply with the Family and Medical Leave Act of 1993, to become effective August 5, 1993. Under this act, eligible temporary County employees, instead of only permanent employees as under the County's present Personnel POlicy, will be entitled to a paid and/or unpaid leave of absence up to a maximum of twelve (12) weeks during any twelve-month period beginning on January 1, and ending on December 31, subject to the conditions of the proposed policy. Except for contract workers in the Department of Social Services and Health Department, there are very few temporary employees. Staff recommends approval of the policy in order to comply with federal guidelines. Discussion was held on the cost to the County. County Manager O'Neal reported this is a federal requirement for any organization with more than 50 employees. Staff has performed an excellent job in meshing the federal requirements into the current policy with the least amount of cost and liability to the County. commissioner Barone reported she has been assured by the County Manager that the proposed policy has been prepared to meet the federal requirements, but does not exceed one step beyond these requirements. Staff was complimented for presenting a well developed plan. o Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to adopt the Family and Medical Leave Policy effective August 5, 1993, as recommended by staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 12. RECOGNITION OF BOY SCOUT Chairman Greer recognized Matthew Lindsey, a Boy Scout of Troop 226, who is attending the meeting as one of the requirements for earning a Merit Badge. o BREAK Chairman Greer called a break from 7:38 P.M. until 7:48 P.M. RECOGNITION OF LEROY PITTMAN, CHAIRMAN OF UNION COUNTY BOARD OF COMMISSIONERS, AND COMMISSIONER GENE MILLER OF GASTON COUNTY Commissioner Barone introduced Mr. Leroy Pittman, Chairman of the Union County Board of Commissioners, and Mr. Gene Miller, a County Commissioner from Gaston County, who have traveled to wilmington to be guests on the Radio Talk Show to discuss unfunded state and federal mandates. Union and Gaston Counties are two of . . . ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 608 six counties that have refused to pay unfunded mandates over the previous year's level. Mr. Leroy Pittman, Chairman of the Union County Board of Commissioners, congratulated New Hanover County for being one of 66 counties to join the effort in the fight against federal and state unfunded mandates. Emphasis was placed on the need for counties to unite and say "no" to these programs which have placed a tremendous financial burden on county governments. In order to promote this effort, two counties have appropriated funding in the amount of $5,000 each to be placed in a legal defense and advertising fund. Hopefully, the Commissioners will consider participating in funding efforts to stop unfunded mandates. Mr. Gene Miller, a County Commissioner from Gaston County, reported this effort began in Gaston County two years ago and many of the citizens still do not understand unfunded mandates. The purpose of the legal defense and advertising fund is to promote public awareness through advertising and marketing. commissioner Barone inquired as to the amount of money involved for Gaston and Union Counties if the sales tax money is withheld by the state? Mr. Miller reported Gaston County refused to fund the June 1992 and June 1993 increases in federal and state mandated programs; therefore, Gaston County owes $1.2 million for 1992 and $2.2 million for 1993 for a total of $3.5 million representing seven (7) cents on the tax rate. Either taxes must be increased or services cut if unfunded mandates are not stopped. Mr. Pittman reported Union County refused to pay the remainder of unfunded mandates last year in the amount of $100,000 and the state has begun to eliminate reimbursement of the sales tax. For FY 1993-94, Union County refused to fund the increases in the amount of $900,000. without funding the mandated programs, Union County could have cut the tax rate by 11.7 cents; however, due to mandates, the tax rate increased seven (7) cents with an overall increase of 18 cents for the past two years. Counties cannot continue to absorb such increases. Also, there are ten (10) states throughout the Country who have state Constitutional Amendments prohibiting unfunded federal mandates, and it is hoped that the current effort will motivate the N. C. General Assembly to adopt a similar amendment. In summary, if a federal or state program is worthwhile, the state or federal government should be willing to fund the program. Mr. Miller reported this item will be discussed at the N. C. Association of County Commissioners Conference to be held August 12-15, 1993, in Durham County. Chairman Greer expressed appreciation for the work and effort given to oppose federal and state unfunded mandates and urged both County Commissioners to fully define the term, unfunded mandates, when discussing this issue on the radio. Emphasis was placed on the importance of the general public fully understanding the burden being placed on local governments and the taxpayers by this unfair practice. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE THE NORTHWEST SIDE OF MARKET STREET (5600 BLOCK) FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-478, 7/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, and Staff Planner II, Pete Avery, presented slides of the site and reported the Planning Board approved the rezoning request based upon the following findings: (1) the presence of non-residential zoning on adjoining lands; and (2) impending road construction adjacent to the property has j ( I l I\~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 609 drastically reduced any residential appeal that may have once existed. Chairman Greer inquired as to whether anyone from the general public would like comment on the proposed rezoning. The following remarks were received. Mr. Glenn Avery, representing the petitioner, Sherri R. Forrester, requested approval of the B-2 rezoning request since it conforms with existing land uses and the easement incorporated into the plan will avoid any additional impact on Market street. () Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the rezoning of seven (7) acres on the northwest side of Market Street, 1,100 feet north of the intersection of Market Street and Eastwood Road, to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1985" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 9B, Page 74. () PUBLIC HEARING TO CONSIDER REZONING THE EAST SIDE OF CASTLE HAYNE ROAD NORTH OF ASH STREET FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z- 481, 7/93) Planning Director, Dexter Hayes, reported the Planning Board disagreed with staff's recommendation to deny the request. The Planning Board determined the existing parcel, which is occupied by a vacant commercial structure, would not likely be used for residential purposes in the future. After discussion of several options for the appropriate zoning boundary, the Planning Board decided that all of the Wilson properties north of Ash Street (which includes the balance of the subject parcel as well as Parcel A) be rezoned to B-2 within 15 feet of the western right-of-way line of Blossom Street. It was also noted that similar extensions of the B-2 District were approved recently; therefore, this position would not be inconsistent with those decisions. Staff feels the proposed rezoning will impact on housing located on the east along Blossom Street and south along Ash Street. The County has approved expansions of the B-2 District to the depths of several parcels along the highway but in every case has not permitted the zoning to extend to Blossom Street. Unless a specific use is known, or the kind of commercial activity that would impact those residents, it would be difficult to recommend an open-ended B-2 zoning classification. Perhaps, a conditional use zoning would be more appropriate in this case. () Slides were presented by Staff Planner II, Pete Avery. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Ms. Sylvia Vaughan, the petitioner, reported the property in question belonged to her father who operated a business on this site for years. After his death, she and her mother operated the ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 610 business until her mother had a stroke. Now, she would like to renovate the building and re-open the store which requires a B-2 zoning classification. Due to the fear of having the entire request denied, she only applied for this site; however, all adjoining properties are rezoned for commercial use, therefore, if the Board would like to consider B-2 zoning for the entire tract, this would be appreciated. . Chairman Greer closed the Public Hearing. Commissioner sisson expressed concern for an open ended use and recommended a conditional use district in order to avoid future use of this site as a garage, used car lot, or any other type of use that could negatively impact on surrounding properties. The conditional use would allow Ms. Vaughan to clean-up the site and renovate the building as well as provide protection of the site for future use. He inquired as to whether a conditional use was discussed with Ms. Vaughan? staff Planner Avery reported he discussed various options with the applicant; however, Ms. Vaughan does not have a long range plan for the use of all the properties, particularly the property that has been added to the petition by the Planning Board. In the absence of any definitive use for the property, it would be impossible to submit a conditional use rezoning since a detailed plan and site specific use are required at that time. . Commissioner sisson recommended development of a site specific plan without tying it to a particular use. For example, the conditional B-2 use on Oleander Drive, near the Methodist Church, was originally planned for a shopping center; however, a site plan was developed for an office building which still conforms to the condi tional use zoning. The conditional use, in this case, protects the neighborhood. staff Planner Avery reported this is accurate, but the conditional use would have to be defined in the original petition, not the expanded version as recommended by the Planning Board. Commissioner sisson recommended B-2 rezoning of the cross- hatched area and stated, if someone desires to purchase the property in the future, a specific site plan can be submitted by the buyer with a conditional use district established for the entire parcel. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to rezone only the cross-hatched area to B-2. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews . A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, under the section entitled, Castle Hayne, Page 18. APPEAL WITHDRAWN FOR B-2 BUSINESS REZONING ON LAND LOCATED ON THE EAST SIDE OF CASTLE HAYNE ROAD SOUTH OF SHERIDAN DRIVE Attorney Alton Lennon, representing the petitioner, Conoco, Inc., commented on a letter written by Mr. R. H. Edman requesting authorization to remand the petition to the Planning Board in order to submit a conditional use district application for construction of a car wash on the site. The petitioner feels a conditional use petition should have been submitted originally. j ----- ( i MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 611 Discussion was held on the number of residents concerned about the proposed use. Commissioner sisson inquired as to whether the petitioner would be willing to meet with the residents of the area prior to submitting the conditional use district application in order to work out the differences among the residents and parties involved. Attorney Lennon reported he would be glad to meet with the residents and members of the Board of Education before the conditional use application is prepared. He apologized for the rezoning petition being submitted in this manner. () // Ms. Trudy van Luyn, a resident of the Wrightsboro area, inquired as to whether the persons present could express their concerns for the proposed B-2 zoning or a conditional use petition? Chairman Greer reported if a conditional use application is submitted to the Planning Board, public comments will be heard at that time. Ms. Pat Rhodes reported the residents of Wrightsboro are opposed to any change on the proposed site and requested the Chairman to allow the persons present to stand up who are in opposition to the request. Chairman Greer allowed the persons to stand. Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Commissioner Caster to authorize the petitioner to remand the petition to the Planning Board for resubmitting the petition under the County's conditional use procedures. The floor was opened for discussion. commissioner Sisson inquired as to whether the Planning Board discussed the possibility of a conditional use petition? o Planning Director Hayes reported the Planning Board did consider a conditional use rezoning as well as limiting the size and use of the property, but felt the request should be denied due to the negative impact on traffic along residential streets in adjourning neighborhoods. Chairman Greer commented on being fair to the petitioner and emphasized the fact that in the past, the Board has always been aware of any negative impact to a residential community; therefore, when the petition is resubmitted, all public comments and considerations will be given to the surrounding communities, the Board of Education, and administrative staff at wrightsboro Elementary School. After further discussion, Chairman Greer called for a vote on the motion to allow the petitioner to submit an application for conditional use. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews () PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO ESTABLISH A PERSONAL RESIDENTIAL CARE AND HOUSING FACILITY FOR THE ELDERLY ON THE WEST SIDE OF MILITARY CUT-OFF ROAD NORTH OF OLD MCCUMBER STATION ROAD (S-353, 6/93) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 612 The following persons were sworn in: Matthew Antell David Polston . Planning Director, Dexter Hayes, reported the Planning Board voted to grant the Special Use Permit for construction of a personal care and residential facility for the elderly on Military Cut-Off Road. One adjoining property owner appeared before the Plarming Board with concern for adequate buffering and on-site drainage management. Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Mr. Matthew Antell, President of First Americare Corporation, reported on the importance of providing services for the elderly in an apartment setting with the delivery of supportive services to encourage older adults to maintain an active life expectancy to the highest levels of functioning. Each unit will provide independent living quarters that include a living/dining room, bathroom, kitchen, closets, entry area and balcony. A total of 58 parking spaces are provided. Emphasis was placed on the need to provide our older adults living quarters with a non-institutional setting which encourages independence in otherwise partially or wholly dependent residents. The Commissioners were requested to grant the Special Use Permit. . Commissioner Sisson reported on the need for a facility of this type in New Hanover County and recommended placing the following conditions on the Special Use Permit: (1) require outside lighting to be shielded and directed away from existing residential structures; (2) require turn lanes along Military Cut-Off Road to serve the site; and (3) require an on-site retention plan to be implemented which will retain the first inch of run-off generated by a storm. Planning Director Hayes reported the County does not have specific standards in the special use process, but conditions can be imposed as recommended by Commissioner sisson. The N. C. Department of Environment, Health, and Natural Resources will review the drainage plan and the N. C. Department of Transportation will have to approve an additional turn lane. As to lighting, this condition can be placed in the Special Use Permit. Mr. David Polston reported any project of this size requires control of storm water management; therefore, a plan will be prepared to control the run-off with a retention pond on the back side of the site. Commissioner Sisson inquired as to whether a lighted sign will be placed on the property? . Mr. Antell reported the sign will be a form of accent lighting, probably with use of ground lights. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit based upon the evidence presented and findings of fact meeting the four general requirements contingent upon the following conditions: (1) request DOT to install a turn lane; (2) storm water retention plan be implemented after construction to retain the first inch of run-off generated by a storm; and (3) restrict lighting of the sign to protect surrounding neighborhoods. Upon vote, the MOTION CARRIED AS FOLLOWS: j /.~ / ( I I \ l MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 613 Voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 5. () PUBLIC HEARING TO CLOSE AN UNNAMED ROAD STUB IN EASTWIND SUBDIVISION Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the unnamed road stub is located approximately 400 feet north of the intersection of Cross Creek Road and Eastwind Road. The road is unpaved but has been marled for use by adjoining property owners as a private driveway. It is 190 feet in length and includes a 60 foot right- of-way. The adjoining property owners have requested closure of road stub. After review, the Planning Staff recommends leaving the road stub open because future plans to connect or extend this road through the Lockamy property are unknown at this time. Despi te the uncertainty of development for adjoining lands, options should be left open regarding traffic circulation opportunities in the area. This stub is the last available connection point to adjoining properties from Eastwind Road. Previous design decisions for two other road stubs in this subdivision have effectively precluded other connections. The local traff ic should be dispersed to multiple access points, not concentrated at a limited number of intersections. This dispersal approach allows traffic burdens to be more evenly distributed as well as provide an alternative access route for emergency response. Also, as a matter of information, property south of this site is being subdivided for a new subdivision. () Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Mr. Robert A. Simmerman requested closure of the road stub for the following reasons: (1) safety; (2) adverse effects with drainage; and (3) an opportunity to make personal improvements to the road stub. Twenty-two children under the age of 13 live within the distance of the intersection. Persons unfamiliar with the neighborhood cannot see around the curve and drive above the speed limit, which increases the possibility of hitting a child. If this road stub remains open and is used as a connector, this will become a safety hazard. The site is very low with severe drainage problems experienced during storms and hurricanes. If given the opportunity, he would like to improve this road stub by piping in the ditch. Mr. Donald Jordan requested closing the road stub because of drainage and reported the entire neighborhood feels the road should be closed. Also, the present lots do have adequate access; therefore, the road stub is not needed. The original owner of the land, Mr. Lockamy, never intended for the road to run through the subdivision because his property will be inherited by his children who will not want a road running through the property. The Commissioners were urged to close the road stub as petitioned. n Mr. Steve J. Urban commented on the 100 houses in the area that have no problem with egress and ingress and expressed concern for the County Planning staff feeling this stub should remain open for future use as a road that would generate traffic into a nice quiet neighborhood. ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 614 . commissioner Caster inquired as to whether the right-of-way is private or public? Planning Director Hayes reported when a subdivision map is platted and recorded there is an offer for public use of the right- of-way; therefore, the easement remains in this state until it is accepted by a public agency. Mr. steve J. Urban inquired as to the logic of closing the right-of-way along Parcel E? Planning Director Hayes reported this right-of-way is not legally closed; however, when Surrey Downs was developed, the road stub became useless because it had no place in which to connect. Commissioner sisson expressed concern for development of an area that allows Mr. simmerman's property to be flooded during heavy rainfall and recommended review of drainage requirements in the subdivision approval process. Mr. Simmerman reported this area has been flooded three times in eight years; however, regular rains have eroded a portion of the front yard which has required fill dirt and construction of a wall to avoid further erosion. Grass has been planted along the road stub and he has maintained this embankment. He would like to pipe in the ditch along the side of his yard to protect his lot from flooding. commissioner Caster expressed concern for the drainage and reported he has actually seen the amount of flooding that occurs on Mr. simmerman's property. . Planning Director Hayes reported many problems have been experienced with drainage in this subdivision. When the subdivision was designed there were changes made in the drainage installation which utilized the roadways for carrying the drainage water instead of being channeled to the lower areas on the back of the lots. Ms. Donald T. Jordan expressed concern for not being able to make improvements without the road stub being closed. Chairman Greer closed the Public Hearing. Commissioner Barone expressed concern for future fire protection to surrounding neighborhoods with the closing of the road stub. Commissioner Caster reported if road stubs were not placed in appropriate places, there would be nothing but cul-de-sacs throughout the entire County, which would provide a problem for administering emergency services. . Motion: After discussion of the unknown plans for development of the property, Chairman Greer MOVED, SECONDED by Commissioner Barone to uphold the Planning Staff's recommendation and allow the road stub to remain open. Upon vote, the MOTION RECEIVED A TIE VOTE AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Absent: Vice-Chairman Mathews Due to a tie vote, no action was taken and the Public Hearing was continued until September 7, 1993, in order to allow the j ..-------- ( I I I I I I I I I I \ I I I I I l I~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 615 citizens to have another opportunity to express their concerns when all five County Commissioners are present. BREAK Chairman Greer called a break from 10:18 P.M. until 10:26 P.M. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED AS FOLLOWS: () Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer convened from Regular Session at 10:31 P.M. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer reconvened to Regular Session at 10:29 P.M. () ADDITIONAL ITEMS - COUNTY COMMISSIONERS DISCUSSION OF MAIL RECEIVED BY COUNTY COMMISSIONERS Commissioner Sisson reported on the receipt of poison pen letters and recommended filing these letters with the County Attorney for future reference if the need should ever arise. DISCUSSION OF FUNDING SOURCE FOR THE GLOBAL TRANS PARK Commissioner Sisson reported on meeting with Wayne Ziegler to discuss the Committee of 100's resolution relative to the Global TransPark at which time he was informed the N. C. House was not pleased with using the sales tax as a funding source for the project. He inquired as to whether Commissioner Barone has been notified of another funding mechanism? commissioner Barone reported the 1% sales tax was not well received in the N. C. House of Representatives; however, funds were approved by the State Legislature and it appears that a $5.00 license plate fee for a period of one year is the funding mechanism. Once written notification is received, the Board will be informed. INVITATION BY THE HUMAN SERVICES TRANSPORTATION ADVISORY BOARD FOR COUNTY COMMISSIONERS TO RIDE TRANSPORTATION VEHICLES Assistant to the County Manager, Pat Melvin, reported the Human Services Transportation Advisory Board would like to invite the Commissioners to celebrate the receipt of the new van for the Human Services Transportation System and at the same time schedule a ride on one of the vehicles with the clients to actually see the services being provided by the system. () After discussion, Ms. Melvin was requested to select dates that would be convenient with the Transportation System and work with the Clerk in scheduling rides. Once dates are selected, the press will notified. . . . ~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 616 ADDITIONAL ITEMS - COUNTY MANAGER ACCEPTANCE OF THE 1993-94 HUD GRANT Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone to accept the 1993-94 HUD Grant in the amount of $17,000 to administer the Fair Housing Assistance Program and to approve the following Budget Amendment. Human Relations Department - HUD Grant Debit Credit Human Relations Department HUD Grant $17,000 Human Relations Department Travel Contracted Services $ 5,000 $12,000 Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews COUNTY EMPLOYEE PICNIC SCHEDULED FOR OCTOBER 6, 1993 County Manager O'Neal announced a County Employee Picnic will be held in lieu of County Fun Day and requested the Commissioners to select a date. Hot dogs and hamburgers will be cooked by the Management Team. Consensus: After discussion, it was the consensus of the Board to schedule the County Employee picnic on October 6, 1993, at Hugh MacRae Park from 11:30 A. M. until 2:00 P.M. ACQUISITION OF WATER & SEWER SYSTEMS OWNED BY ASSOCIATED AND C & L UTILITIES AND THE NORTHCHASE WATER AND SEWER SYSTEMS County Manager O'Neal reported on discussion of proposals presented in Executive Session on July 26, 1993, relative to the purchase of water and sewer systems from Associated and C&L utilities and NorthChase. In Executive Session, staff was directed to negotiate a better price for the purchase of the Associated and C&L systems; however, after discussion, the seller would not reduce the offer. Staff recommends proceeding with the purchase of the systems as proposed. Discussion was held on the financing for the purchase of the water and sewer systems. Finance Director, Andrew J. Atkinson, reported staff would like to purchase the systems without financing. Once the year end figures have been completed, staff will determine if the systems can be paid out of the fund balance, and if not, a 2-year financing arrangement will be developed. Motion: After discussion of the need to hire additional employees, which has been included in the cost, Commissioner Sisson MOVED, SECONDED by Commissioner Barone to purchase the following three water and sewer systems as recommended by staff: 2 W&S Systems owned by Associated and C&L utilities Cost $280,000 The NorthChase Water & Sewer Systems (This figure is for the existing 350 customers plus $600 for each add'l customer up to a total of 1,200.) $350,000 Upon vote, the MOTION CARRIED AS FOLLOWS: j (- I ! l' I I i i I I ~ !~ MINUTES OF REGULAR MEETING, AUGUST 2, 1993 PAGE 617 Voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Chairman Greer Absent: Vice-Chairman Mathews ADJOURNMENT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer adjourned the meeting at 10:50 P.M. Respectfully submitted, ~~!:~ Clerk to the Board () () ()