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HomeMy WebLinkAbout1993-04-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 386 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 5, 1993, 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; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Daniel O'Leary gave the invocation. Commissioner Caster led the audience ln 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 a Consent Agenda item. The following items were presented: Responsibility for Sound Fiscal Management of County Government Mr. David Jones, a concerned citizen, reported on the responsibility of the County Commissioners to use dollars collected from the taxpayers to run an efficient and effective government through the concept of true management. This can be accomplished by implementation of management by objective and a zero based budget, not through the present concept which is management by continuation. The Commissioners were urged to establish priorities, adhere to these priorities, and justify each dollar needed for the upcoming fiscal year budget. Each state and federal grant should be reviewed before a department submits an application and is awarded a grant for implementation of another program which later will be totally funded by the County. Each year these balances just rollover and the budget becomes larger through the continuation of these programs. For example, the State has now informed the County that the DSS building must be expanded to accommodate the number of employees. The question to be answered is whether the County needs that number of employees and programs. In summary, the Commissioners must establish priorities and provide direction to the County Manager in preparing a budget to accomplish these goals under the concept of management by objective and a zero based budget. Law Enforcement should be a top priority in order to protect the public safety of our citizens. Without safety for our children at school and our citizens, none of the social programs will be effective. Government was designed for the needy, not the greedy. The greedy have destroyed the system with nothing left for the needy. Report on Resignation of Veterans Service Officer Mr. Tom Townsend, Secretary of the New Hanover County Veterans' Council, announced the recently hired Veterans Service Officer has resigned effective May 31, 1993, to re-enter UNC- Wilmington on a VA grant. The cause for his resignation was uncertainty about funding for this position because of recently learning that the Council will not receive an anticipated $2,000 funding request. The Commissioners were informed that the Veterans' Council strongly feels that a Service Officer is needed and this request will be made during the upcoming budget process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 387 Invitation to Attend New Hanover County Veterans' Council Memorial Day Service Mr. Tom Townsend, invited the Commissioners and all County employees to attend the New Hanover County Veterans' Council Memorial Day Service to be held on Monday, May 31, 1993, at 10:30 A.M. in the National Cemetery. Introduction of Bonnie Pierce, the Acting Director of the Lower Cape Fear Arts Council Mr. Royce Angel, introduced Ms. Bonnie Pierce, the Acting Director of the Lower Cape Fear Arts Council, and reported on the outstanding job performed by Ms. Pierce. with her leadership, it is hoped that the Arts Council will be the best in the State. Ms. pierce commented on the activities of the Arts Council and expressed appreciation for support of this agency by the Board of County Commissioners. APPROVAL OF CONSENT AGENDA Chairman Greer reported the figure listed in Consent Agenda Item #14 for the purchase of books for the new Myrtle Grove Branch Library has been reduced from $14,464 to $11,550. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda with the change to Consent Agenda Item #14. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meetings of March 8, 1993, March 15, 1993, and the Emergency Session of March 18, 1993, as presented by the Clerk to the Board. Approval of 1993-94 Consolidated Contract Between the N. C. Department of Environment, Health and Natural Resources and the New Hanover County Health Department The Commissioners renewed the Consolidated Contract with the Department of Environment, Health and Natural Resources for FY 1993-94 setting forth the terms and conditions for activities involving State funding carried out by the New Hanover County Health Department. The Health Department will receive State funds in the amount of $1,537,386, which includes $431,552 in escrow payments for Title XIX funding. Adoption of Resolution Requesting Funding for the Independence Boulevard Extension Project in the FY 1994-2000 State Transportation Improvement Plan The Commissioners adopted a resolution requesting the N. C. Board of Transportation to give maximum consideration to funding the Independence Boulevard Extension project in the FY 1994-2000 State Transportation Improvement Plan. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 25. Approval of Budget Amendment #93-0144 - Legal Department The Commissioners approved the following Budget Amendment: 93-0144 Non-Departmental/County Attorney's Office Debit Credit Non-Departmental Contingencies $5,897 County Attorney's Office Contracted Services $5,897 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 388 Purpose: To transfer $5,897 from Contingencies to the Legal Department/Contracted Services for professional services rendered by the law firm of Womble Carlyle Sandridge & Rice in the New Hanover County vs. Leader Construction Company case. Approval of Budget Amendment #93-0155 Department of Social Services The Commissioners approved the following Budget Amendment: 93-0155 Department of Social Services Debit Credit Department of Social Services/Administration DSS Administrative Grants $51,335 Department of Social Services/CP&L Intervention Proqram Assistance Payments $51,335 Department of Social Services/Child Day Care Office of Day Care Services $67,837 Day Care Services $67,837 Purpose: To budget additional State funds received for Child Day Care and the CP&L Intervention Program called Project Share, which assists low income families with their heating bills. Approval of Budget Amendment #93-0156 - Outside Agencies/Human Services The Commissioners approved the following Budget Amendment: 93-0156 Outside Agencies/Human Services Debit Credit Outside Aqencies/Human Services Contribution $500 Wilmington Housing Authority $500 Purpose: To budget State funds received ln the amount of $500 for the Wilmington Housing Authority to help cover the cost of expenses for the Alcohol & Other Drug Abuse Task Force. The Wilmington Housing Authority will pay the bills for the Task Force and provide the County with an accounting of how the funds were expended. Approval of Budget Amendment #93-0161 - Sewer Operating Fund The Commissioners approved the following Budget Amendment: 93-0161 - Sewer Operating Fund/Water & Sewer Engineering Debit Credit Sewer Operatinq Fund Installment Loan Proceeds $753,872 Water & Sewer Enqineerinq Other Improvements $753,872 Purpose: To record the purchase of Cape Fear Utilities through an installment purchase with Cape Fear Utili ties. For accounting purposes only. Approval of Budget Amendment #93-0166 - Sheriff's Department The Commissioners approved the following Budget Amendment: 93-0166 Sheriff's Department/Controlled Substance Tax Debit Credit Sheriff's Department/Controlled Substance Tax Controlled Substance Tax $2,123 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 389 (Budget Amendment Continued) Debit Credit Departmental Supplies $2,123 Purpose: To budget Controlled Substance Tax receipts in the Sheriff's Department. The Controlled Substance Tax is a tax on illegal drugs possessed by drug dealers. Of the proceeds, 75% must be remitted to the local law enforcement agency that conducted the investigation to the assessment. Approval of Budget Amendment #93-0167 - Various Departments The Commissioners approved the following Budget Amendment: 93-0167 Various Department Debit Credit Social Services/Administration Installment Loan Process $ 298,400 Capital Outlay - Equipment Departmental Supplies $ 292,585 $ 5,815 MIS Installment Loan Proceeds $1,315,752 Capital Outlay $1,315,752 Library Installment Loan Proceeds $ 255,400 Capital Outlay - Equipment Departmental Supplies $ 235,400 $ 20,000 Emerqency Manaqement Installment Loan Proceeds $ 21,700 Motor Vehicle Purchases $ 21,700 Purpose: purchases To record the following through (for accounting purposes only) : installment lease 1) Purchase of the DSS Automation AS/400 System with IBM Corporation. 2) Purchase of MIS Mainframe with IBM Corporation. 3) Purchase of Library Automation System with First Union National Bank. 4) Purchase of Chevrolet Suburban for Emergency Management with First Union National Bank. Approval of Budget Amendment #93-0168 - Sheriff Administration Debit Credit Sheriff Dept./Administration Other $9,000 Motor Vehicle Purchases $9,000 Purpose: To budget insurance money received for wrecked vehicle in the Sheriff's Department. Approval of Budget Amendment #93-0169 Services Department of Social Debit Credit Social Services Administration DSS Administration Grants $6,261 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 390 (Budget Amendment Continued) Debit Credit Social Services/CP&L Intervention Proqram Assistance Payments $6,261 Purpose: To budget additional State funds received for the CP&L Intervention Program called Project Share, which assists low income families with their heating bills. Approval of Budget Amendment #93-0170 - Health Department The Commissioners approved the following Budget Amendment: 93-0170 Health Department/Risk Reduction Debit Credit Health Department/Risk Reduction Risk Reduction/Accident Prevention $2,322 Departmental Supplies $2,322 Purpose: To budget additional State funding to be used for pamphlets, brochures, and literature for risk reduction activities including Hypertension. Approval of Grant Application for FY 1993-94 Alternatives to Detention The Commissioners approved the application for the continuation of the Alternatives to Detention Grant for FY 1993-94. No County match is required; however, Ms. Roebuck is requesting $4,600 to supplement grant. This funding request is to be considered along with other budget requests during the budgetary process. Approval of Budget Amendment #93-0172 for Transfer of Myrtle Grove Branch Library Capital Project to the New Hanover County Operating Budget for the Purchase of Books for the New Branch The Commissioners approved the following Budget Amendment to transfer funds from the Myrtle Grove Branch Library Capital Project to the Library operating budget to purchase books for the new branch library. The remaining funds are to be placed in the Contingency Account. 93-0172 Myrtle Grove Branch Library Capital Project - New Hanover County Library Debit Credit Myrtle Grove Branch Library Capital pro-iect Contingency $11,550 Transfer to General Fund $11,550 Library Operating Transfers In (from Myrtle Grove Capital Project) $11,550 Books $11,550 ADOPTION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 17-24, 1993, AS "NATIONAL COUNTY GOVERNMENT WEEK" IN NEW HANOVER COUNTY Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a proclamation designating the week of April 17-24, 1993, as "National County Government Week" in New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 25. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 391 CONSIDERATION OF PROPOSAL TO SEEK LEGISLATION FOR DISTRICT REPRESENTATION IN CITY AND COUNTY GOVERNMENT Chairman Greer reported the New Hanover County Branch of the National Association for the Advancement of Colored People (NAACP) has requested the Board of Commissioners to support legislation that will allow district representation in New Hanover County. Commissioner Sisson reported that district representation is being used by many local governments and that, in his opinion, the request does merit consideration particularly with the rapid growth of population in New Hanover County for the past ten years. He recommended adopting a resolution to request the N. C. General Assembly to enact legislation that will allow district representation for New Hanover County and hold a Public Hearing to receive input from the public before making a decision. vice-Chairman Mathews reported, in his opinion, New Hanover County has been well served by the at-large representation; therefore, he can see no reason for dividing the County into districts at this time. Concern was expressed for a County of this size being divided into districts which would focus on interests of certain communities rather than on the interests of the County as a whole. Commissioner Sisson reported districts lines can be drawn in many ways; however, one distinct benefit from establishing districts is that persons without a great deal of money will be afforded an opportunity to run for public office. Also, districts can improve representation for different areas of the community which can be locked out with at-large representation. He, again, recommended holding a Public Hearing on this issue with the number of options available for establishing districts before voting yes or no. Motion: Commissioner Sisson MOVED to adopt a resolution to request the N. C. General Assembly to enact legislation that will enable New Hanover County to consider district representation. The floor was opened for discussion. Commissioner Caster inquired as to why enabling legislation lS required if the Commissioners just want to study the issue? Commissioner Sisson stated enabling legislation must be acquired from the State during the long session if the County should want to proceed with representation by districts. Chairman Greer called for a SECOND ON the General Assembly to enact legislation County to consider district representation. TO NOT RECEIVING A SECOND. THE MOTION to request that will enable the THE MOTION FAILED DUE No other action was taken. CONSIDERATION OF AMENDMENT TO NEW HANOVER COUNTY CODE, CHAPTER 12, ARTICLE II, SECTION 12-17, DISCHARGE OF FIREARMS - SECOND READING Chairman Greer announced a different ordinance has been prepared by John J. Burney, Jr., a local attorney and concerned citizen, who has requested to present the ordinance at this time. It appears that Mr. Burney and several sportsmen have met and agreed upon the proposed ordinance. Mr. John J. Burney, Jr. expressed appreciation to Commissioner Barone for informing him of the proposed amendment to the existing County Ordinance which allowed him to prepare an ordinance that tracks State law and more effectively addresses the reckless use of firearms. Concern was expressed for the perception that all hunters are sorry and careless with firearms. Hunters work with the wildlife Commission for enforcement of carelessness displayed by other hunters, and they conduct training classes on the safe use of guns. The following ordinance amendment will provide for NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 392 negligent persons to be convicted and sentenced; whereas, the proposed County amendment will create enforcement problems for the Sheriff, particularly with the distance criteria: Amend Section 12-17 Unlawful Use of Firearms (a) It lS unlawful for any person to discharge a firearm or alr gun or pistol: (1) Carelessly and heedlessly in wanton disregard for the safety of others; or (2) Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in property damage or bodily injury. vice-Chairman Mathews emphasized the importance of safety and stated most hunters are responsible people; however, he would recommend that the word "wanton" and the clause, "resulting in property damage or bodily injury" be removed from the amendment presented by Mr. Burney. Mr. Burney stated "wanton" is needed to enforce the ordinance and convict reckless violators. This verbiage tracks the State law and is used in the reckless driving statute. Chairman Greer opened the floor to receive public comments and requested that remarks be limited to three minutes. The following comments were received: Mr. Charles Godwin, representing a group of sportsmen, hunters, fishermen, campers, landowners, school teachers, etc., reported that safety is their number one priority along with private property rights. When removing Section D from the existing ordinance in the New Hanover County Code, private property rights are eliminated. Sportsmen are not the problem; the problem is the small number of citizens who have no regard for the law, whether in shooting to kill persons, driving drunk, hunting, or littering. No law can dictate human behavior. The Commissioners were requested to adopt the ordinance as presented by Mr. Burney. Mr. Strat Donnell, representing the N. C. Sportsmen Alliance, presented the following observations: -Protection of the individual's right to maintain and use firearms and be responsible for one's own actions. -In 1991, a Hunter Safety Law was enacted statewide to promote gun safety and provide a means for prosecuting those acting in a negligent and irresponsible manner. The law is focused on the offender, but also promotes a greater degree of safety awareness among persons involved in the shooting sports. The law is enforced by Game Protectors, Sheriff Deputies, and other law enforcement personnel who may have occasion to be available when a violation occurs. The law also makes it unnecessary to impose legal directives that try to legislate safe behavior by restricting firearm freedoms and laws that cannot be enforced or followed. The Commissioners were requested to enforce the existing State law and adopt the ordinance presented by Mr. Burney. Mr. George willis, a lifetime hunter and a retired wildlife Officer, reported on the wonderful sport of hunting and the misconception that persons who hunt are crazy. The news media daily presents reports of the unlawful use of firearms, which has nothing to do with hunting. The Commissioners were requested to adopt the ordinance presented by Mr. Burney in order to prevent a nightmare for enforcement officials. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 393 Mr. Walter Glasick inquired as to whether the firing range on Military Cut-Off Road will be closed? Chairman Greer reported no firing ranges will be closed. No further comments were received. Chairman Greer announced if the ordinance presented by Mr. Burney is considered, the hearing tonight will be considered as the first reading of the ordinance and the vote cast by the Board must be unanimous for adoption of the ordinance. vice-Chairman Mathews recommended adding "and/or welfare of others" under (a) (1) to read as follows: Carelessly and heedlessly in wanton disregard for the safety and/or welfare of others; or..." and inquired as to whether this wording would be satisfactory? Mr. Burney stated the additional verbiage would weaken the ordinance. Attorney Alex Hall expressed concern for the proposed verbiage and stated this wording could create a problem due to vagueness in defining the meaning of "welfare." Commissioner Sisson commented on the emotion aroused by this issue and stated the purpose of the amendment is to protect the rights of hunters and at the same time ensure the safety and welfare of people who do not hunt. It was not the intent to make the lives of hunters miserable. Many residential communities are subjected to the random discharge of firearms. Also, two other urbanized counties, Wake and Cumberland, have a 1,000 foot distance in their Firearms Ordinance. The original Firearms Ordinance in the County Code contains distance criteria. After hearing the comments tonight, hopefully, there is room for negotiation of the distance criteria; however, hunters must realize they are not the only people affected by the discharge of firearms, and it should be their responsibility to ensure the protection of citizens living in residential communities throughout the County. Discussion was held on the meaning of the word, wanton. Commissioner Sisson asked the Assistant County Attorney if there lS case law where the word "wanton" has been defined as helpful. Assistant County Attorney, Kemp Burpeau, stated the definition of wanton is subject to interpretation; however, including the word would not strengthen the ordinance. Heedless and reckless would be sufficient without wanton. Further discussion was held on the distance criteria. Commissioner Sisson commented on the distance requirement, the killing range and penetration of the weapons in the proposed ordinance and inquired as to their accuracy? Sgt. Tripp, of the New Hanover County Sheriff's Department, reported the figures outlined in the proposed County amendment were correct. A lengthy discussion was held on the proposed changes to the wording of the ordinance presented by Mr. Burney. Vice-Chairman Mathews withdrew his recommended changes. Chairman Greer expressed appreciation to the number of interested citizens attending the meeting, and stated he would be in favor of the ordinance presented by Mr. Burney with no changes since it appears to be satisfactory to all parties involved. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to adopt the ordinance presented by NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 394 Mr. Burney with no changes in the verbiage. for discussion. The floor was opened Substitute Motion: Commissioner Sisson requested amending the ordinance presented by Mr. Burney to prohibit the discharge of firearms at night and up to one-half hour at dusk and one-half before sunrise. THE SUBSTITUTE MOTION FAILED FOR A LACK OF A SECOND. Upon vote, the ORIGINAL MOTION to adopt the ordinance as presented by Mr. Burney CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson The ordinance will require a second reading at the regular meeting of April 19, 1993 since the Board did not vote unanimously to adopt the proposal. BREAK Chairman Greer recessed the meeting for a break from 8:40 P.M. until 8:55 P.M. PUBLIC HEARINGS Chairman Greer announced that public notice has been given that Public Hearings would be held on Monday, April 5, 1993, at 7:30 P.M. in the Assembly Room of the New Hanover County Courthouse. Persons wishing to comment were requested to limit their remarks to three minutes. ITEM #9 WITHDRAWN - PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A RETIREMENT/HEALTH CARE CENTER ON THE EAST SIDE OF HARRIS ROAD, 1,800 FEET NORTH OF GORDON ROAD Chairman Greer announced the petitioner has withdrawn the proposed request. CONTINUANCE OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE EAST SIDE OF SOUTH COLLEGE ROAD, 1550 FEET NORTH OF PINER ROAD, FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-469, 3/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, stated a majority of the Planning Board did not agree with Staff's recommendation to rezone this parcel and adjoining parcels to commercial. They felt the proposed rezoning would create a domino effect along College Road, particularly north of the Myrtle Grove Branch Library site. Also, the commercial rezoning would negatively impact on the Greenbriar Subdivision. The Planning Board voted 4 to 3 to deny the proposed B-2 Business rezoning. The Planing Board acknowledged that the property was not ideally suited for residential uses and voted 6 to 1 to rezone the site to 0-1 Office and Institution. The Planning Staff recommended approval of the petition with the understanding that future expansion would not extend north of the Myrtle Grove Branch Library site. If approved, Staff recommends that properties to the south be included in the rezoning to close the gap created by rezoning the subject property. Chairman Greer inquired as to whether anyone present would like to comment on the proposed rezoning. The following remarks were received: Mr. Chris Brown, representing the petitioners, Lee Roy and Mary Combs, commented on the highest and best use of this property NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 395 and requested the Board to consider B-2 zonlng for this parcel of land instead of 0-1 zoning. Attorney Tom Morgan, representing the Hobbs and Roudabush properties south of the site, stated these properties are not desirable for residential development. At the last meeting of the Planning Board a request for B-2 zoning was presented with the recommendation that Motts Creek Tributary be considered the natural boundary where residential zoning is separated from commercial zoning. This means that property lying south of Motts Creek could be considered for commercial zoning, but all property north of Motts Creek would remain residential. Attorney Morgan complimented the Planning Board for this recommendation and encouraged the Commissioners to consider this proposal when presented at the first meeting in May. Mr. Gene Boland, 821 pine Forest Road in Greenbriar Subdivision, presented a petition with 99 signatures of residents living in Greenbriar Subdivision. Concern was expressed for commercial encroachment into the backyards of residents living in Greenbriar because of the following items: (1) increase the potential for flooding which negatively impacts septic tanks; (2) increase noise and air pollution; (3) increase crime and vandalism; and (4) increase the need for vector control. The Commissioners were requested to consider the investment of property owners in Greenbriar Subdivision and deny the proposed rezoning. Ms. Janet Durham, a resident of Greenbriar Subdivision and a member of the Library Board of Trustees, expressed concern for land adjacent to the new Myrtle Grove Branch Library being rezoned B-2 because of noise and litter and requested the Commissioners to deny the proposed rezoning. Mr. Dennis Griffin, 833 pine Forest Road, expressed concern for the types of businesses that can locate in his backyard and stated commercial development in the backyards of residents will devalue property. The Planning Board has heard the case that was referenced by Attorney Tom Morgan with a recommendation to separate commercial and residential property at the natural boundary of Motts Creek. The Commissioners were requested to support the recommendation of the Planning Board and reject the proposed rezonlng. Mr. Arnold Baier, 825 pine Forest Road, expressed concern for poor drainage and stated the proposed rezoning will increase drainage problems that will negatively impact septic tanks. Mr. Howard Weaver, 841 pine Forest Road, commented on the recent storm and stated the proposed rezoning will negatively impact on drainage in the entire area. Chairman Greer closed the Public Hearing. vice-Chairman Mathews requested an explanation of the recommendation from the Planning Board concerning Motts Creek. Planning Director, Dexter Hayes, reported Motts Creek would be an excellent boundary for separating residential from commercial property. This recommendation will be heard at the first meeting in May. Motion: After discussion of hearing the recommendation from the Planning Board pertaining to Motts Creek, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to continue this item until May 3, 1993, at which time both requests can be heard. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 396 PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE WEST SIDE OF MARKET STREET, 600 FEET SOUTH OF BAYSHORE DRIVE FROM R-15 RESIDENTIAL TO B-2 BUSINESS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted 3 to 3 on the applicant's petition. One member abstained because he was an adj oining property owner. After further discussion, the Planing Board unanimously recommended that the B-2 line be redrawn to include the former railroad right-of-way, beginning at the southern end of Parcel D and ending at the northern property line of the Gertz property, Parcel E. The Planning Board noted that this alignment would eliminate a jog in the zoning boundary and make Parcel E more desirable for development. The Planning Staff recommends denial of the proposed B-2 Business zoning in order to curtail the growth of uncontrolled strip development and encroachment into residential areas. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning. The following remarks were received: Mr. Leslie L. Houde, the petitioner, stated although he had requested B-2 zoning of the entire property and still feels this would more advantageous, he has no problem with the Planning Board's recommendation to zone only the abandoned railroad right- of-way property and Parcel D from R-15 Residential to B-2 Business. Also, he commented on this being an opportune time for the Commissioners to establish a Business Zone at the entrance to the City of Wilmington beginning at the Special Highway Overlay District (SHOD) terminal point on Highway 17 where the SHOD 600 foot setback ends and the New Hanover County setback of 50 feet begins. Careful planning at this point would prevent future conflicts between residential and business zonings along this highway. Mr. Al Register, an adjacent property owner, requested that his property be rezoned B-2 in order for him to use the land to its highest use. Chairman Greer informed Mr. Register he would have to submit a petition to the Planning Department and appear before the Planning Board before a rezoning request could be considered by the Board of County Commissioners. Chairman Greer closed the Public Hearing. Commissioner Sisson expressed concern for not establishing a northern boundary for the commercial node at Ogden and stated this issue must be addressed to avoid strip commercial zoning. Mr. Houde agreed with Commissioner Sisson and urged the County Commissioners to establish goals that will be followed for future commercial development on Market Street in order to have an entrance that is truly representative of New Hanover County and the City of Wilmington. Motion: After further discussion of straightening the zoning line, Commissioner Caster MOVED, SECONDED by Chairman Greer to approve the Planning Board's recommendation. 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. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JUNE 19, 1972," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8-B, Page 35. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 397 PUBLIC HEARING TO CONSIDER REZONING 2.64 ACRES ON 1111 CAPE BOULEVARD FROM R-15 RESIDENTIAL TO CD(O-I), OFFICE USES (Z-471, 3/93) Chairman Greer opened the Public Hearing and announced the conditional use process requires a quasi-judicial hearing; therefore, anyone present wishing to comment must step forward to be sworn in by the Clerk to the Board. The following persons were sworn In: Johnnie W. Davis Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the applicant's request with the condition that existing signage on the property may remain until discontinued. Upon discontinuation of those signs, a replacement sign that complies with the signage requirements of the 0&1 District may be erected in the southeast corner of the site adjacent to U. S. Highway 421 South. Planning Director, Dexter Hayes, presented the following staff findings: REQUIRED FINDINGS 1. The use will not materially endanger the public health or safety. 2. The use meets all required conditions and specifications of the Zoning Ordinance. 3. The use will not lnJure the value of adjoining property. 4. The use will be in harmony with the area. PRELIMINARY STAFF FINDINGS a. The building is situated on 2.64 acres. b. The total floor area is approximately 5,254 square feet. c. The building fronts Carolina Beach Road and has access to the Cape Boulevard and Carolina Beach Road. d. Approximately 50 off-street parking spaces are provided to service existing activities. e. Water and sewer serVlces are provided by an on-site private utility system. f. The applicant desires to establish general and professional offices, including but not limited to medical, legal, real estate, insurance and others. g. The property is classified Transition. Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Mr. Johnnie W. Davis, a resident of The Cape, reported on the use of this building as a sales office at The Cape since 1983 with payment of taxes based upon commercial use. Due to the developer filing bankruptcy, the remaining property has been sold and now this site does not comply to Section 61-2 of the Zoning Ordinance which states that if 95% of the dwelling units of the project are sold the temporary real estate office must be removed. Mr. Davis requested approval of the CD(O-I) zoning to continue to use the office for marketing of The Cape. No changes will be made in the building, landscaping, or parking lot. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 398 Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve the CD (0-1) rezoning as recommended by the Planning Board including the condition that the replacement sign must comply to the requirements of the 0&1 District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the "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 34. Chairman Greer asked the petitioner if he concurred with the findings as presented by Staff. Mr. Davis agreed with the findings as presented. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to grant the Conditional Use Permit based upon the evidence and findings presented satisfactorily meeting the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the a Conditional Use Permit is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 34. PUBLIC HEARING TO CONSIDER REZONING THE NORTHWEST SIDE OF OLEANDER DRIVE ADJACENT TO LAME AVENUE FROM R-15 RESIDENTIAL TO B-1 BUSINESS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the B-1 Business rezoning. The property is classified Transition on the Land Classification map which encourages more intense urban development if public or private services are available. The Planning Staff also recommends approval. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning. The following remarks were received. Mr. L. P. Hines, the petitioner, commented on the highest and best use of the site and stated the oak trees will be saved. The Commissioners were requested to approve the rezoning request for the betterment of the property. Chairman Greer closed the Public Hearing. Commissioner Barone inquired as to whether a condition requlrlng the trees to be saved can be placed on the rezoning petition? Planning Director Hayes stated a condition cannot be placed on a rezoning request; however, the present Zoning Ordinance does require saving trees whenever possible. Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to approve the B-1 Business rezoning 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 DECEMBER 6, 1971," is contained in Zoning Book I, Section 6, Page 50. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 399 PUBLIC HEARING TO CONSIDER REZONING THE SOUTHWEST CORNER OF EASTWOOD ROAD AND MILITARY CUT-OFF ROAD FROM A PD FRINGE USE AREA TO PD RESIDENTIAL (Z-198, 10/84; MODIFIED 7/85; 9/87, AND 3/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the request. It was felt that residential uses would be suitable for the property, with the conditions that access be limited to Military Cut-Off and Sturdivant Drive, and that no more than 62 dwelling units be permitted. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed request. The following remarks were received: Mr. Keith Cooper, representing the petitioner, Landfall, requested approval of the Planning Board's recommendation. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve rezoning/redesignating the corner of Military Cut-Off Road and Eastwood Road from a PD fringe use area to a PD residential use as recommended by the Planning Board. The floor was opened for discussion. Commissioner Sisson reported on this being the third time Landfall has modified the original master plan and expressed concern for granting a PD District with repeated requests for modifications. He recommended that the Commissioners be informed if additional requests are going to be made, and if so, this matter should be addressed. Discussion was held on an additional curb cut along Military Cut-Off Road. Planning Director Hayes reported Staff recommended an internal circulation without any other curb cuts along Eastwood Road or Military Cut-Off Road. The Planning Board compromised and allowed one access on Military Cut-Off Road with an interior cut off of Sturdivant Drive. Commissioner Sisson expressed concern for another curb cut on Military Cut-Off Road and stated if this request can be handled with internal circulation, it should be done. Amended Motion: Vice-Chairman Mathews AMENDED approve the PD residential rezoning request and recommendation to control the access without a curb Cut-Off Road or Eastwood Drive. THE MOTION to accept Staff's cut on Military Commissioner Barone withdrew the SECOND TO THE AMENDED MOTION. Chairman Greer SECONDED THE AMENDED MOTION. opened for discussion. The floor was Mr. Cooper stated a new entrance off of Military Cut-Off Road and an entrance from Sturdivant Drive will provide a looped drive which is badly needed to provide safety to 62 families who will live in the units. Planning Director Hayes reported the Planning Staff envisioned another entrance from Commonwealth Drive with access not limited to Sturdivant Drive which would provide two entrances. This would require running a driveway along Parcel #4. Mr. Cooper stated by running another street, the setbacks would destroy the lot. Upon vote, the AMENDED MOTION for approval of the PD Residential zoning with elimination of a curb cut on Military Cut-Off Road or NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 400 Eastwood Road as recommended by the Planning Staff CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone APPROVAL OF NAMING PRIVATE ROAD TO COON HUNTERS TRAIL AND AUTHORIZATION FOR ADDRESS ASSIGNMENTS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the subject unimproved and private road is located 1,500 feet east of the Holly Shelter Road/Blue Clay Road Intersection and contains three residential houses and one business. Most of the structures were assigned addresses based on the Holly Shelter Road numbering approved by the Commissioners in 1989. Concern by the homeowners over E-911 response prompted this request. If approved, the County will provide a new street sign. The effective date of change will be May 28, 1993. Chairman Greer inquired as to whether anyone present would like comment on the proposed road name. The following remarks were received: Mr. Emerson B. White, commented on the need to rename the road, since he has experienced problems with emergency responses. Commissioner Barone inquired as to whether another name would be appropriate and stressed the importance of naming roads one word, not three words in order for E-911 to respond promptly? Mr. White stated the neighbors can select any name they so desire. Mr. Lewis T. Nixon, a resident of the private road, commented on the various names with a recommendation for naming the road, Mary's Road. Chairman Greer stated in order to change the name proposed, public notice would have to be given with another Public Hearing scheduled. Mr. Nixon commented on the need to name the road ln order to recelve emergency responses. Discussion was held on naming roads one word. Chairman Greer stated it would be impossible to name all roads with one word; therefore, he would recommend that the Board proceed with naming this private drive to Coon Hunters Trail. Motion: After discussion of the need to properly identify residences for emergency response, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve naming the private road to Coon Hunters Trail and authorize address assignments as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XX, Page 25. APPROVAL OF MODIFICATION TO SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE - NEW HANOVER COUNTY CODE County Engineer, Wyatt Blanchard, presented modifications to the Soil Erosion and Sedimentation Control Ordinance as required by the State of North Carolina. He recommended approval of the modifications as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 401 Chairman Greer recommended deleting E and F. County Engineer, Wyatt Blanchard, commented on the need to have more control over the topography and stated without these modifications, the County will not have enough control. Motion: After discussion of no need to go further than the State guidelines, Chairman Greer MOVED, SECONDED by Commissioner Barone to adopt the modifications to the Soil Erosion and Sedimentation Control Ordinance to comply only with State regulations. The floor was opened for discussion. Commissioner Sisson stated in order to better control drainage issues, Sections E and F are needed. He requested further review of the modifications before excluding Sections E and F. Vice-Chairman Mathews expressed concern for removing Sections E and F. County Manager O'Neal reported the purpose modifications is to ensure property owners that improvements have been made by the developer. of these required Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to accept the amendments to the Soil Erosion and Sedimentation Control Ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer The ordinance will require a second reading at the regular meeting of April 19, 1993, since the Board did not vote unanimously to adopt the modifications. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF OLD AVENUE, NEW HANOVER COUNTY PARK SITE, CASTLE HAYNE, NORTH CAROLINA Planning Director, Dexter Hayes, reported the subject road is located 1,300 feet south of the Parmele Road/Old Avenue intersection in Hermitage Estates Subdivision recorded in Plat Book 4, Page 22. This portion of Old Avenue has a length of 1,450 feet and contains a 40-foot unimproved right-of-way. Further efforts to extend or connect this portion of Old Avenue to Madeline Trask Drive are not planned by the County in the Parks Master Plan. The Commissioners were requested to adopt a Resolution of Intent to hold a Public Hearing on May 3, 1993, to consider closing this portion of Old Avenue. Motion: Commissioner Barone MOVED, SECONDED by Commissioner to adopt the Resolution of Intent to hold a Public Hearing 3, 1993, to consider closing this portion of Old Avenue. vote, the MOTION CARRIED UNANIMOUSLY. Sisson on May Upon A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 25. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 402 CONSIDERATION OF SUPPORT OF NORTH CAROLINA GLOBAL TRANSPARK, INC. Chairman Greer announced that much discussion has been heard on this proposal and requested any persons present wishing to comment to limit their remarks to three minutes. The following comments were received: Mr. David Ward, an attorney, reported on a Project East meeting at Mt. Olive College with former Governor Jim Martin and Governor Jim Hunt attending the conference. The Global TransPark Economic Development Zone has been restructured as a Commission to be enacted by State legislation. This legislation will include the counties directly affected by the Global TransPark. It is proposed that the Commission would consists of three persons from each participating county to be appointed by the Board of County Commissioners, plus a person from the Authority plus non-voting members serving as ex-officio from the State Ports Authority, East Carolina University, Community Colleges, and the Foundation Board. Therefore, the total control of the monies raised by the sales tax will be in the hands of representatives appointed by County Commissioners of the participating counties. The one-cent sales tax from October 1, 1993, through March 31, 1994, is projected to raise funds in the amount of $20 to $30 million. Currently, eleven counties have indicated an interest in becoming a part of the Economic Development Zone, and the Commission would like for New Hanover County to join. The enabling legislation has been changed as follows: -County appointees will now control the funds collected. -The enabling legislation now provides for the funds to be held in a trust fund and to be loaned to counties for infrastructure development. The infrastructure developments do not have to be tied to the Global TransPark. The project will provide an opportunity for participating counties to have a working relationship beyond the boundary of county lines in order to move forward with a regional concept that will greatly benefit Eastern North Carolina. -Funds will be available to perform the feasibility study and environmental study to place the Global TransPark in the best location. -Each county will have an equitable beneficial interest in its portion of the fund. If the fund is terminated, the money will be reimbursed to the participating county. -The principal will not be granted. The interest or other earnings on the principal will be granted. The Commission will set the terms of the repayment within a 20-year period. The Commissioners were encouraged to reconsider the new structure and adopt a resolution to include New Hanover County in the draft bill to be enacted by the N. C. General Assembly. This will allow ample time for the county to consider if they wish to join. Once a county decides to participate, the tax will be levied and collected by the Economic Development Zone, not by individual counties. The funds can only be used for public purposes. Chairman Greer commented on monies being loaned to counties for infrastructure needs and inquired as to how New Hanover County will recoup its large investment when other counties have spent the funds. Mr. Ward stated debt obligations will be given with New Hanover County receiving an interest in the debt obligations. For example, if Jones County borrowed more money than contributed, and the fund closed down and was assigned back to the counties, Jones County would receive its part up to the maximum contributed with NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 403 the balance of that obligation being held by the Treasurer of the State of North Carolina and as collected would be turned back to the other participating counties. vice-Chairman Mathews inquired as to the proposed changes and asked if this proposal is entirely different? Mr. Ward stated the proposal has been changed drastically in an effort to promote economic development within the participating counties as compared to funds for support of the TransPark. Commissioner Sisson expressed concern for hearing only one side, the side of persons who desire to see development of the Global TransPark. Also, at the last meeting, the Commissioners were informed of the following items: (1) definite spin-offs for the Port; however, this seems rather vague; (2) the Global TransPark will not hurt Raleigh/Durham and Charlotte as major air travel hubs; however, this is rather vague; (3) economic assumptions that were made in the feasibility study, which appear to be erroneous; therefore, the conclusions are incorrect; and (4) presenting an entirely new approach for development of the Global TransPark. As a County Commissioner, he is uncomfortable with many items that appear to be vague. It is difficult to understand why attention is being placed on development of a Global TransPark when there are other major cargo handling facilities, who have space for just in time manufacturing. No solid analysis has been presented for support of the Global TransPark. Perhaps, the State should contribute dollars for further study of the project that will show the benefits that will be derived from development of the Global TransPark to our State Port and Eastern North Carolina. Mr. Ward reported the State of North Carolina has contributed a substantial amount of funds by contracting with 30-35 world renown individuals to perform an analysis of the studies already performed to be sure the proj ect is not based on erroneous assumptions. Also, FAA is going to announce on April 12, 1993, a $1 million grant to the Kenan Center at UNC-Chapel Hill, to be matched by the State, for performance of the viability study and computer tracking system for development of the Global TransPark. The proposed facility is not designed to be an air cargo facility, but is designed to be an industrial park with the just in time ability for industries located in the vicinity. The facility will not compete with Charlotte or Raleigh/Durham, which are cargo facilities, and do not have enough land available to perform just in time manufacturing. It would have been cheaper to have developed a facility in existence; however, no appropriate facilities were available. In terms of economic development, the Global TransPark should enhance the growth of the Port. The Master Plan has not been completed; therefore, the amount of growth to the Port cannot be ascertained. We need to approach the Legislature during the long session in order to develop this project. If New Hanover County does decide to participate, and it is found that the Global TransPark cannot be constructed, the tax dollars will be returned. Chancellor James Leutze reported on the potential development of Eastern North Carolina with regional cooperation through the Global TransPark. This facility would promote a regional concept instead of abiding by county lines which would be most beneficial for all parties involved. County Manager O'Neal inquired as to whether there lS a time frame for being included in the project. Mr. Ward reported the legislation is ln its final revision stages for introduction; therefore, New Hanover County should adopt a resolution to include the County in the proposed bill; however, the deadline for participation is July 14, 1993. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 404 County Manager O'Neal commented on the loan and grant programs for support of economic development programs and inquired as to whether these projects must be linked with the Global TransPark? Mr. Ward stated the projects do not have to be directly linked with the Global TransPark. County Manager O'Neal inquired as to the meaning of the word infrastructure, such as water and sewer, roads, etc.? Mr. Ward stated infrastructure needs are defined as site assessments, feasibility studies, software costs, water and sewer projects, roads, etc. Commissioner Barone inquired as to whether a cap can be placed on New Hanover County's contributions? Mr. Ward stated a cap is not included ln the legislation because county representatives will be governing the funds and should be provided flexibility. Also, the purpose of the project is to establish a regional concept. Chairman Greer recommended not placing the County's name in the bill if the Board is not going to participate ln the concept. Commissioner Caster commented on the need to develop the regional concept and stated he cannot support levying the one-half sales tax or $10,000 contribution for seed money, but he would like to place the County's name on the bill and hold a public hearing to receive comments from the public before making a decision. Commissioner Sisson expressed concern for placing New Hanover County on the list if the Board does not fully support the concept and stated feasibility studies must be performed before making a major decision of this type. Commissioner Barone reported on attending seminars and stated the idea is overwhelming. Governor Martin has been invited to Singapore to present the global concept to international companies worth billions and trillions of dollars. This concept is innovative and could bring millions of dollars to the State of North Carolina. She recommended that more information be provided to the other members of the Board. Commissioner Sisson emphasized the importance of hearing the other side and stated if more information is presented, he wants to hear both sides. Mr. Ward recommended bringing Dr. John D. Kasarda for another presentation; however, if the Commissioners are not interested in proceeding with the next step, possibly, the County should not place its name on the enabling legislation. Motion: After further discussion, Commissioner Caster MOVED, SECOND Vice-Chairman Mathews to place New Hanover County's name on the enabling legislation. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Voting Nay: Commissioner Sisson Chairman Greer BREAK Chairman Greer recessed the meeting for a break from 9:55 P.M. until 10:05 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 405 CONSIDERATION OF MERGING PARKS AND PLANNING DEPARTMENTS Chairman Greer reported after study of merging the Parks and Planning Departments, the Parks & Recreation Advisory Committee does not feel this merger would be beneficial; however, they do recommend hiring a Parks Director as soon as possible. Consensus: After discussion, it was the consensus of the Board not to merge the Parks and Planning Departments and authorize staff to proceed with the recruitment and hiring of a Parks Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF LEGISLATIVE ISSUES The County Manager presented recommendations on the following bills: Support the House Version of HB 120 and SB 417 - Open Meetings Law: The N. C. Association of County Commissioners urges support of the House version of these bills. Support SB 51 Local Solid Waste Fees: This bill authorizes counties and cities to expand the fee on owners of improved property for solid waste management, and authorizes counties to impose a franchise fee and to establish the basis for setting the amount of certain local fees for commercial solid waste collection and disposal activities. Support SB 48 and HB 34 - Local Financial Security: These bills give local government units more financial security and restore growth to state-collected local revenues and tax sharing funds. Support HB 433 and HB 434 Proposals to eliminate unfunded mandates placed on local governments. Support HB 38, and HB 59 Proposals for Components of a State Lottery if Approved for a Referendum: These bills would require 50% of the proceeds of the lottery to be used for prizes and no more than 16% to be used for administration. The remaining or net proceeds would be distributed as follows: (1) One-fourth would be placed in a Savings Reserve Account, to eventually equal 8% of the state's operating budget. Amounts in excess of this percentage would be transferred into the State Infrastructure Fund. (2) One- fourth would be placed in a State Infrastructure Fund, to be used to maintain State buildings and property; to acquire real property; including park land; to support the Clean Water Revolving Loan and Grant Fund, the Critical School Facility Needs Fund, the Public School Buildinq Capital Fund or the Solid Waste Management Loan Fund; for state construction proj ects, includinq placement of natural qas lines alonq hiqhways; and for debt service on general obligation bonds; and (3) One-half would be placed in a Local Infrastructure Fund, to be administered by the Office of State Budget and Management. The principal could be used only for loans to local governments for capital construction projects, retiring indebtedness or repaying obligations incurred for such projects. This bill would allow municipalities and counties to retire debt. SB 11 would be restrictive with a portion of the money going to the Health Access Trust Fund. Oppose SB 418 and HB 121 Records Law Changes: These bills require that information be prepared in the requested format and would cost local governments a great deal of money. Oppose HB 136: This proposal extends earmarking of sales tax revenue to school capital construction for five or more years. Oppose HB 526: This bill will create an exemption for crop allotments from the property tax which could be devastating to surrounding counties. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 5, 1993 BOOK 23 PAGE 406 Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to direct the County Manager to prepare a letter for the Chairman's signature to the local legislative delegation reflecting the Commissioners' positions on the bills as discussed. Upon vote, the MOTION CARRIED UNANIMOUSLY WITH EXCEPTION OF HB 120, which Commissioner Sisson supports as originally introduced in the House of Representatives. APPROVAL OF FUNDING PARTICIPATION IN LEGISLATIVE WEEKEND SPONSORED BY THE GREATER WILMINGTON CHAMBER OF COMMERCE Motion: After discussion, Chairman Greer MOVED, SECONDED by Commissioner Barone to approve funding in the amount of $2,000 for the County's participation in the Legislative Weekend sponsored by the Greater Wilmington Chamber of Commerce to be held on May 22-23, 1993. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson Commissioner Sisson reported, for the record, he cannot support funding this event with the County's money being so tight for the upcoming budget. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER DISTRICT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:14 P.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 10:21 P.M. POSTPONEMENT OF COUNTY COMMISSIONER APPOINTMENT TO THE CAPE FEAR RESOURCE, CONSERVATION & DEVELOPMENT (RC&D) COUNCIL Consensus: Due to no information being presented on the responsibilities of the Cape Fear Resource, Conservation and Development Council, it was the consensus of the Board to postpone action on this appointment until April 19, 1993. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Agreement (Contract #93-0313) with Wilmington Realty Liquidation Trust for Temporary Use of Property by the Cape Fear Museum Deputy County Manager, Mary Gornto, reported the Museum is planning several programs which involve outdoor activities and has secured permission to use adjoining property, owned by Wilmington Realty Liquidation Trust, at no cost. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to approve the agreement with Wilmington Realty Liquidation Trust for temporary use of the property by the Cape Fear Museum and authorize the Chairman to write a letter of appreciation. Upon vote, the MOTION CARRIED UNANIMOUSLY. "...- M~NUTES OF REGULAR MEETING, APRIL 5, 1993 PAGE 407 ADJOURNMENT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:30 A.M. Respectfully submitted, ~ 'Gf')'~ Lucie F. Harrell Clerk to the Board l . . .