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HomeMy WebLinkAbout1994-04-05 Regular Meeting . (-; \- \4l ~ MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 1 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April 5, 1994, at 6:30 P.M. in the First Floor Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; William A. Caster; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; Deputy County Manager, Andrew J. Atkinson; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. commissioner William E. Sisson, Jr. was on vacation. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Charles Stanley, Assistant Pastor of Grace Baptist Church, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone present would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested that all remarks be limited to three minutes. No items or comments were received. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: commissioner Barone Commissioner caster vice-Chairman Mathews Chairman Greer Absent: commissioner Sisson CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes as presented by the Deputy Clerk: Work Session, March 10, 1994 Regular Meeting, March 21, 1994 Adoption of Resolution for Correction to Tax Parcel Sold in Error The Commissioners adopted a resolution to correct an error in the sale of a certain tax parcel conducted on January 19, 1981, to Mr. Charles W. Edens. The parcel was purchased, but did not in fact exist. Mr. Edens has paid the County ad valorem tax on the said parcel since 1981. The County will reimburse Mr. Edens the amount paid at the foreclosure sale and the subsequent taxes with interest compounded daily at 4% for a total of $917.64. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Adoption of Proclamation Declaring April 16-23, 1994, as "county Government Week" The Commissioners adopted a resolution declaring April 16-23, 1994, as "county Government Week" in New Hanover County. ..... MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE (2 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Proclamation Declaring May 15-21, 1994 as "Emergency Medical Services Week" in New Hanover County The Commissioners adopted a proclamation declaring May 15-21, 1994, as "Emergency Medical Services Week" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is on file in Exhibit Book XXII, Page 6. o Adoption of Resolution Awarding Bid #94-0283 to Compuventures of pitt county, Inc. d/b/a MicroAge computer Centers for Purchase of Microcomputer Equipment and Approval of Contract #94-0283 The Commissioners adopted a resolution awarding the only responsive bid to Compuventures of pitt County, Inc. d/b/a MicroAge Computer Centers for purchase of microcomputer equipment. The Chairman was authorized to sign the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Approval of Amendments to State Airport Improvement Project Grant (AIP-09) The Commissioners approved amendments to the original state Airport Aid Project grant and authorized the Chairman to sign the modified agreement. The amended agreement will enable the County to receive $300,000 in State' funds to recover excess County participation in the construction of the Airport Terminal Building, Phase II. This is the final year the County will be receiving this funding. A copy of the modified grant agreement is on file in the Legal Department. o Approval of Budget Amendment #94-0182 to Budget Additional State Revenue for Health Department Programs The Commissioners approved the following Budget Amendment: 94-0182 Health Department/Child Health Services Coordination/ Family Planning Debit Credit Health Department/ Child Health Services Coordination state Grant $ 2,925 Department Supplies $2,925 Health Department/Familv Planninq MCC Women's Health Title X Expansion Funding I $10,727 $16,417 Contracted Services Departmental Supplies Training & Travel Other Improvements Capital Outlay $ 3,727 $15,267 $ 500 $ 2,000 $ 5,650 Purpose: Department Planning. To budget programs, additional State child Services revenue for Coordination the and Health Family o Approval of Budget Amendment #94-0184 to Budget Additional state Grant Funds for Funding One Full-Time PUblic Health Nurse I position for the Epidemiology Division of the Health Department The Commissioners approved the following Budget Amendment to budget additional State grant funds for one new Public Health Nurse I position for the Epidemiology Division of the Health Department contingent upon availability of full grant funding. The county will not fund the position if grant funds are not received. l / I ~,:'lt,"a \ttt'-:;.;~." oj"> '. """'ll ~; > ~ ~t~:i ";tf"i!. MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE '3 94-0184 Health Department/Epidemiology Debit Credit Health Deoartment!Eoidemioloqv lAP Grant $16,904 - Salaries & Wages FICA Medical Insurance Disability Insurance Departmental Supplies Employee Reimbursement Capital Outlay - Equipment $5,200 $ 380 $ 400 $ 10 $6,634 $ 200 $4,080 Approval of Budget Amendment #94-0186 for Sheriff's Department to Budget an Additional Deputy position for Laney High School The Commissioners approved the following Budget Amendment to budget an additional Deputy position for Laney High School for the remainder of the fiscal year. Expenses will be funded through receipts of Controlled Substance Tax revenues. 94-0186 Sheriff's Department Controlled Substance Tax Debit Credit Sheriff's Deoartment Controlled Substance Tax Controlled Substance Tax $5,637 Sheriff's Deoartment Administration Salaries and Wages Social Security Tax Medical Insurance $4,685 $ 358 $ 594 - Approval of Budget Amendment #94-0190 to Budget Additional State Funds for the Alternatives to Detention Grant Program The Commissioners approved the following Budget Amendment to budget additional State funds for the Alternatives to Detention Grant Program. No County funds are required. 94-0190 - outside Agencies/CBA Debit Credit outside Aqencies!CBA CBA Grants $5,000 Alternatives to Detention $5,000 APPROVAL OF ONE FOSTER HOME LICENSING SOCIAL WORKER AND TWO PERMANENCY PLANNING/FOSTER CASE WORKERS IN THE FOSTER CARE SERVICES DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES Deputy County Manager, Andrew J. Atkinson, reported on the immediate need for additional positions in Foster Care Services and requested approval of the following positions as recommended by the review team established by the County Manager. He stated the Director of Social Services, Wayne Morris, is present and will be glad to answer any questions. 1 Foster Home Licensing Social Worker (Social Worker II) 2 Permanency Planning/Foster Case Workers (Social Worker III) _i commissioner Caster inquired as to the training received by the foster parents, the requirements to become a foster parent, and if a criminal background check is performed before allowing a person to become a foster parent? Mr. John Wasson, Assistant Director of Social Services, reported three times a year parenting workshops are provided by the N. C. Division of Social Services. This training is used as a training and assessment tool to see if persons who are foster parents want to continue to perform this service or if persons interested in becoming foster parents are still interested. Also, a new foster parent is required to go through an intensive .... (~- MINUTES OF REGULAR MEETING, APRIL S, 1994 PAGE 4 investigative process with completion of a 10-week training course before that individual can become a foster parent. A person's criminal record is checked through the Clerk of Courts Office to see if an applicant has been charged or convicted of a criminal offense in New Hanover County. The Department of Social Services has just learned that background criminal checks can be performed statewide and the department is now checking on a statewide basis by contacting the Department of Corrections in Raleigh, North Carolina. I commissioner Caster inquired as to whether the criminal record of an applicant can be checked nationwide? Mr. Wasson reported criminal records can be checked only in the State of North Carolina, not nationwide. Due to the recent event and newspaper article in the Charlotte News & Observer, the N. C. Division of Social Services is working on a plan to enable each county to check potential foster parents on a nationwide basis for criminal charges or convictions. commissioner Caster inquired as to how many families are qualified for foster care in New Hanover County and how many DSS employees are assigned to monitor this section? Mr. Wasson reported there are 105 foster parents in New Hanover County. Currently, there are over 400 children in the custody of the Department of Social Services with 220 of these children in foster homes. The County should have approximately 150 foster homes to handle this number of children. As to employees, there are three (3) foster home licensing social workers for over 100 homes. The State has just established a ratio of 1-25 foster homes per foster home licensing social worker. Discussion was held on the article in the Charlotte News & Observer. Director Morris reported, in his opinion, the article was accurate and more attention is being focused on child protective services. Unfortunately, the State has failed to recognize that in order to deal with child protective services, you must deal with foster care. When making investigations into child abuse with award of custody to DSS through the courts, the children must be provided a place to live. Hopefully, this article will bring about State legislation that will address this issue. - Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the additional positions as recommended by the review team. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Absent: Commissioner Sisson commissioner Barone stated, for the record, she is voting "no", not because of the need for foster homes to protect abused children, but because she cannot support the continued expansion of programs administered by the Department of Social Services. If these programs continue to expand, people will have no money left in their paychecks after deductions because the programs are becoming too expensive. She, again, reiterated that the "no" vote is not a reflection on the need to protect abused and neglected children and the fine people who are providing foster care. APPROVAL OF NEW PHYSICIAN EXTENDER POSITION FOR THE HEALTH DEPARTMENT Heal th Director, Robert S. Parker, reported the Board of Health apprcived a new physician extender position to provide clinical patient services for "the Family Planning and 'Sexually ~ o o o , ~ - - e f ~i~,\'.,1.'*;;" !l.{~!r0J.i'~'i?' ""I_ """"Ill '., ~~;r~~'<;(.'~lJ'";~f (~)'f. :~ J: "", MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 5 Transmitted Disease Programs. Additional funds have been received from the state and many positions and programs have been added without additional funding from the County. Dr. James Pence, the physician currently providing these services, would like to be relieved of these duties, and it is felt by the Health Department that a full time physician extender would provide more hours of service. commissioner Barone reported on the minutes from the Board of Health meeting where a nurse practitioner position was approved for Family Planning and a physician extender position was approved for Maternal and Child Care. She expressed concern for requesting a physician extender position for Family Planning when this was not approved by the Board of Health and requested an explanation from Health Director Parker. Health Director Parker reported a physician extender is a generic term used to describe either a nurse practitioner or a physician's assistant; hence, this position was approved by the Board of Health. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to fund a new physician extender position for the Health Department. The floor was opened for discussion. commissioner Barone asked if County funds will be involved in funding the position? Deputy County Manager Atkinson reported County funds will be used, but those funds have already been budgeted to pay Dr. Pence. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: commissioner Sisson Vice-Chairman Mathews requested Health Director Parker to inform the Commissioners about the progress being made in providing better health services to New Hanover County citizens. Health Director Parker reported that numerous meetings have been held by staff to provide more accessible services without asking for additional County funds. In order to meet this goal, the County authorized the Health Department to incorporate flexible schedules in Environmental Health, Parenting Child Care, Family Planning, WIC, and Community Health. This schedule has enabled staff to offer services before and after work hours. Staff has adjusted to the flex schedules, and it is felt that more clients are being reached and served by the Health Department. Health Director Parker commented on health care reform and emphasized the importance of population based services. Health care reform is not about health care, but it is about insurance reform. The U. S. Congress will not enact any bill that will improve the health.of the nation. Health Departments are trying to lobby Congress and the N. C. General Assembly to provide fundin~ for public health initiatives that will make a difference in the general health of the country such as the eradication of smallpox from the world. Polio should be eradicated from the world within the next few years, and it is hoped that many of the communicable diseases in the world will be eradicated through population based services. The average life span of a human at the turn of the century was less than 50 years of age. Ninety years later, this life span has grown to over 75. This was accomplished by population based services, not medical care. ~ ~ ( .MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE .6 PUBLIC HEARING FOR 1994 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Chairman Greer opened the Public Hearing and announced the purpose of the hearing is to receive comments from the public in order to assist the Commissioners in determining eligible CDBG target areas. staff Planner, Wanda Coston, reported in order to apply for the Community Revitalization category of the 1994 Small cities Community Development Block Grant Program, a Public Hearing must be held in order to identify target areas. Projects in this category must include activities where a majority of funds are directed toward the following objectives: (1) improving, preserving, or developing residential areas; (2) address the national objective of benefitting low and moderate income persons; and (3) aid in the prevention or elimination of slums and blight. The County is eligible to apply for up to $850,000 in this grant category and the Commissioners must decide if they wish to apply for the grant. o Chairman Greer inquired as to whether anyone present would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Staff Planner Coston requested authorization to submit a grant application for the entire west side of the Kirkland Community and a portion of the community on the east side of U.S. Highway 17. After review of areas throughout the County, it is felt this community would meet the eligibility criteria for award of the grant with funds being used to sewer the community. Chairman Greer inquired as to the County's commitment if the grant is awarded and asked if funds will be budgeted for FY 1994- 95? o Staff Planner Coston reported there is a 25% local match plus in-kind services. Deputy County Manager Atkinson reported if the grant is awarded, the project would not move quickly enough to require the entire match in one fiscal year. The County's match would come from the Water & Sewer District over a period of three years. . commissioner Barone expressed concern for the program requirement which provides for the needs of non-English speaking persons and stated if a person lives in America, this person should speak English. She inquired as to the State division that should be contacted to register her complaint? Staff Planner Coston responded that the Commerce, Division of Community Assistance, should be contacted. N. C. Department of is the agency that Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to authorize staff to submit an application for the 1994 Small cities Community Development Block Grant for the Kirkland Community. Upon vote, the MOTION CARRIED AS FOLLOWS: o voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner sisson Staff Planner Coston reported the grant application requires establishment of a Kirkland Area Program Committee composed of citizens within the community and a representative from the ~ ~:;t' )';1") ;'w",,,",ij.;f"" '>1' """"'II :..tf')~' J" MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 7 governing body. commissioner Barone volunteered to serve on the committee. Consensus: commissioner committee. It was Barone the consensus to serve on of the the Board to Kirkland Area appoint Program e PUBLIC HEARING TO CONSIDER A REQUEST BY LARRY SNEEDEN, P.E. TO MODIFY PARKING RATIO REQUIREMENTS FOR BANKS, PROFESSIONAL OFFICES AND RELATED ACTIVITIES, AND TO PERMIT INCREASES IN PARKING SPACES IN EXCESS OF MINIMUMS WITHOUT A LANDSCAPING PENALTY (A-254, 2/94) Chairman Greer opened the Public Hearing. staff Planner II, Pete Avery, presented a report on the proposed Text Amendment to better explain the request. He reported the proposed Text Amendment was first initiated by a local engineer, Larry Sneeden, to modify the text regarding off-street parking ratios for specified uses for banks, financial institutions, general and professional offices. The request was made to provide additional parking on some sites depending on the nature of the use and to allow more discretion in determining the spaces needed by placing a cap on the minimum number and being allowed to exceed the cap by 25%. The Text Amendment presented by the applicant consists of the following components: e I. Revise section 67-3(1) (B)-2 to Expand Unsuitable reasons for clearing protected trees by exceeding the number of minimum parking spaces: The applicant requested amending the ordinance to read as follows: "If any of these trees are to be cleared from the site, reasons for doing so shall be clearly stated on the landscape plan. Suitable reasons for clearing one or more of these trees include such factors as trees covering more of the site area than is required to landscape, or that it is impossible to position buildings on the parcel and meet setback requirements without tree removal. Unsuitable reasons include such factors as more parking than 125 percent of the minimum specified by section 80". This revision would give the developer some discretion in determining the necessity of additional parking for planned uses based on perceived patronage demands for the use. The Planning Board felt this was excessive because the proposed text amendment would apply to all sites throughout the County which would impact on landscape provisions by development permit applications. After review, the Planning Board voted to limit the 125% regulation to property of one acre or less in size. e II. Revise Section 81-1 General and Professional Offices to read as follows: One space for each three-hundred (300) square feet of gross floor space. The Planning Board voted to make no change in the regulation. III. Revise Section 81-1 Banks and Other Financial Institutions to read as follows: One space for each two-hundred (200) square feet of gross floor space. Stacking area for drive-through teller windows may be included in this parking requirement. The Planning Board voted to make no change in the regulation. Mr. Larry Sneeden, the applicant, reported the specialty of his company is to design small commercial sites. In sketching two to three parking sites per week, it has been found that some revisions should be made to the parkingiregulations in the Zoning Ordinance. The minimum standards of one parking space for every four-hundred square feet of gross office space was adopted in the past to ensure the County that no structures would be constructed with 10,000 square feet of gross office space and only two parking spaces. When. building on a wooded ~ot, the current minimum standard becomes a problem because the Zoning Ordinance states if I I , I --oIIl /- / MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 8 you have protected trees on the site, the trees cannot be removed to provide more than the minimum parking spaces. This causes the minimum standard to become the maximum standard. If you construct a 1,000 square ,foot office building, the ordinance allows three parking spaces with one space reserved for handicapped persons. In an office building of this size, a company can easily have five employees with only two regular parking spaces. On wooded sites, persons are being forced not to provide enough parking spaces with the current requirement of one parking space every four-hundred square feet. He recommended that the minimum parking requirement for general office use be increased to one parking space for every two-hundred square feet of gross office space. Also, on wooded sites, flexibility should be provided to have more than the minimum number of parking spaces because it is difficult to select a specific number that will apply to the varied uses of office and retail space. The purpose of the amendment is to allow the developer to exceed the minimum number of parking spaces by 25%, which will provide flexibility. Mr. Sneeden expressed concern for the Planning Board placing a limit on exceeding the 25% minimum standard to one acre or less and stated this may eliminate problems on small sites but will not eliminate problems on large sites. Mr. Sneeden also expressed concern for the current requirement of one parking space per 100 square feet of gross floor space for banks. In his opinion, there are banks throughout the County with large parking lots that are not utilized. He recommended reducing this requirement to one space for each two-hundred square feet of gross floor space. A stacking area for drive-through teller windows may be included in the parking requirement. Chairman Greer inquired as to why the Planning Board recommended no change for general and professional offices? staff Planner Avery reported the Planning Board felt no change was needed in the requirement of one space for every four-hundred square feet of gross floor space be~ause very few complaints have been received about this regulation. Chairman Greer reported it is Zoning Enforcement Officer adjusts requires more parking spaces? his understanding that the these numbers if the use Assistant County Manager, Dave Weaver, reported the Zoning Enforcement Officer has to abide by the minimum standard in the Zoning Ordinance and has no ailthority to require more parking spaces. If the proposed use can fall in more than one category, the Zoning Enforcement Officer will closely review the need and select the category that would.be the most appropriate based upon the use. A lengthy discussion was held on the present parking ratios and the need to provide more flexibility in the Zoning Ordinance. Assistant County Manager Weaver reported the County's parking requirements are archaic and need to be updated. He recommended a complete review of the parking regulations. Chairman Greer agreed with a complete review of the parking regulations and requested that Mr. Sneeden be included in the review process. Mr. Sneeden agreed to work with Staff, but expressed concern for not addressing the parking requirements for banks because he is in the process of working with a bank to construct a branch office. This request was initiated at the beginning of January 1994 and a decision needs to be made. The branch office will have 2,400 square feet of office space and under the current parking regulations, twenty-four parking spaces will have to be "provided: This is ,an excessive amount of parking spaces. . Chairman Greer recommended dealing with parking requirements \. o o o e e e !;y:,~;""l. '.~~.~'~Y~l'l .~ ~., " """l '. ~\~'i MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 9 I for banks and financial institutions apd deferring action on the other amendments until a study is completed. f ., h . I .. After urther d~scuss~on, C a~rman Greer ~nqu~red as to whether anyone present would like td comment. The followi~g remarks were received: Ms. Lillian Tompa commented on the Atrium and the new lot that , has been constructed to resolve the problem and asked Mr. Sneeden why this is was a problem? I Mr. Sneeden reported the Atriu~ should have never been constructed under the County's standard of one parking space for every 400 feet of gross floor area. IThis project is a perfect example of the inadequacy of the curre~t parking regulations. In order to accommodate clients, a new lot had to be constructed. I Chairman Greer closed the Public Hearing. Chairman Greer recommended Changin~ the wording for banks and financial institutions to 150 square feet for one parking place with. stacking of no more than two pla:ces at each drive-through window. I Assistant county Manager Weaver .recommended the following verbiage: "no more than two spaces credit for stacking". For example, if,15 parking spaces are requi~ed for the size of the bank with two drive-through lanes, a total of four spaces could be used to meet the 15 space requirement. I Motion: Chairman Greer MOVED, SECONDED, by commissioner Barone to revise Section 81-1, Banks and Other Financial Institutions, to read as follows: One space for each onei-hundred fifty square feet of gross floor area (up to two stacking spaces per drive-through teller window may be credited to the minimum). Upon vote, the MOTION CARRIED AS FOLLOWS: .. I Voting Aye: Comm~ss~oner Barone commissioner Caster Vice-Chairman Mathews Chairman Greer . . I . Absent: Comm~ss~oner S~sson I A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA; AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969" is hereby in~orporated as part of the minutes and is contained in Exhibit Book XXII, Page 6. Consensus: After further discussion df the need to review and update the parking regulations includingithe amendment just enacted for Banks and Financial Regulations, it was the consensus of the Board to request staff to prepare a reco~mendation and include Mr. Larry Sneeden in the review process. I BREAK I Chairman Greer called.a break from \8:10 P.M. until 8:20 P.M. I PUBLIC HEARING TO CONSIDER A REQUEST BY REX HEALY TO REZONE 1.37 ACRES AT THE NORTHWEST CORNER OF ALLENSILANE AND MILITARY CUT-OFF ROAD TO OFFICE AND INSTITUTION FROM R-15.RESIDENTIAL (Z-491, 3/94) Chairman Greer opened the Public Hearing. I Staff Planner, Pete Avery, reported the Planning Board voted unanimously to approve the rezoning request feeling that the subject,properties no longer are appropriate for redevelopment as single family uses. Also, the Planning Board concluded that the proposed Office and Institution zoning would provide a good land . . , use trans~t~on for the area. I .... ( MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 10 Chairman Greer inquired as to whether anyone present would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve rezoning 1.37 acres at the Northwest Corner of Allens Lane and Military cut-Off Road to Office and Institution from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: o voting Aye: Commissioner Barone Commissioner caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP O~ ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969" is hereby incorporated as a part of the minutes and is contained in Zoning Book I, section 2, Page 30. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT REQUESTED BY LARRY SNEEDEN TO PROVIDE AN ON-SITE MANAGER'S RESIDENCE IN CONJUNCTION WITH A MINI-STORAGE FACILITY ON THE WEST SIDE OF MARKET STREET, 600 FEET SOUTH OF GORDON ROAD (S-358, 3/94) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, anyone wishing to comment including the Planning Staff, must be sworn in by the Clerk to the Board. The following persons were sworn in: o Staff Planner II, Pete Avery Larry Sneeden, the petitioner Staff Planner Avery, reported the Planning Board voted unanimously to grant the Special Use Permit for the provision of an on-site manager's residence in conjunction with a mini-storage facility on the west side of Market Street, 600 feet south of Gordon Road feeling that the Ordinance requirements had been met with no change in the findings of fact presented by Staff. Planner Avery presented the following findings of fact: 1. The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (a) Similar requests have been approved by the County with no record of peril or danger to the general public. (b) The site has direct access to a public street, affording emergency vehicles and related services ease of access. o (c) The site will be serviced by County sewer and private water. 2. The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (a) The proposed dwelling will be located above 'the ground floor at the front of the building. . , .' * .. t. \. i';>'i<li't I ! I I 1~94 ...... >-~~,., >;-.' MINUTES OF REGULAR MEETING, APRIL 5, PAGE 11 - - I (b) The total area devoted to the dwelling will not occupy more than fifty percent of the I total floor area of the principal use. I (c) Open space far in excess of the total floor area of the dwelling unit is provided. This open area is unobstructed by buildings, structures and/or parking. I (d) The dwelling unit will bel occupied by a full-time resident manager. I (e) The required front, side and rear yard setbacks are met. I I 3. The proposed use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: I I (a) Adjoining properties are developed with commercial uses, including a dry cleaners, used caz:' sales, and a recreational vehicle sales lot. - 4. The proposed use if developed according to the plan as submitted and approved will be in harmony with the areas in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: i I I (a) The site is classified Resource Protection by virtue of its proximity to Howe Creek, an estuarine water; however, the property does drain away from Howe Creek to Market street. As a result, this finding should be modified to read as follows: (1) The area should be classified Urban Transition; and (2) No important natural resources are impacted. The site is within the smith -Creek Watershed. ; , h t't' I. . Cha1rman Greer asked t e pe 1 1oner, 1f he agreed w1th the findings of facts presented by the Planning Staff. Mr. Larry Sneeden concurred with the findings of fact other than the site draining into the smith Cr~ek Watershed and stated he cannot swear under oath that this is a fact; however, he does know that the site drains into the Cape Fear: River. I Chairman Greer inquired as to whether anyone present would like to make any comments. No other remarks were received. Chairman Greer closed the Public Hearing. I Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to grant the Special Use Permit based on!the evidence presented and the acceptance of staff findings, includ+ng the revision to General Requirement #4 relative to the site being within the smith Creek Watershed. Upon vote, the MOTION CARRIED AS FOLLOWS: I - Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 6. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Chairman Greer convened from Regular Session at 8: 30 P.M. until 8:33 P.M. to hold a regular meeting of the Water & Sewer District. ..011I ~- ( MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 12 ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Proclamation Designating April 9, 1994, as "Former Prisoner of War Recognition Day" in New Hanover county Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt a proclamation designating April 9, 1994, as "Former Prisoner of War Recognition Day" in New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer o Absent: commissioner Sisson A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Adoption of Proclamation Designating April, 1994, as "Fair Housing Month" in New Hanover County Motion: commissioner Caster MOVED, SECONDED by Chairman Greer to adopt.a proclamation designating April, 1994, as "Fair Housing Month" in New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: commissioner Sisson o A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Discussion of Solid Waste Disposal Chairman Greer reported it was agreed in the Work Session on March 31, 1994, to delay a decision on implementing a County Collections System until a decision has been rendered by the Supreme Court on the case relative to flow control and until congress acts on legislation pertaining to waste disposal. If the problem is not resolved during the next fiscal year, the County will have to implement a County Collections System on July 1, 1995. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to delay action on implementing a County Collections System with no change in the current system provided by private haulers; increase the tip fee from $25 per ton to $30 per ton effective July 1, 1994; and pay the remaining costs for operation of the Environmental Management Budget from the undesignated fund balance. Staff is to prepare an alternative plan to be implemented on July 1, 1995, if the trash problem has not be resolved during the next fiscal year. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer o voting Nay: Commissioner Barone Absent: Commissioner Sisson commissioner Caster expressed concern for the inactivity in resolving the trash problem but stated, in his opinion, there is no other alternative at this time. Deputy County Manager Atkinson stated, in his opinion, the \. e e e """"I ~l~lt~ I ~'.t MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE '13 County should wait to see if legislation is enacted and how the Supreme Court will rule on flow control before implementing an elaborate County Collections System that may have to be changed. Tour of Parks Scheduled for April 18, 1994 Chairman Greer reported the Parks Advisory Committee would like to schedule a tour of the parks after the regular meeting on April 18, 1994. They have invited the Commissioners to have lunch at Hugh MacRae Park around 12:30 P.M. followed by a tour. Consensus: It was the consensus of the Board to schedule a tour of the parks after the regular meeting on April 18, 1994. Discussion on the Number of Members Serving on the Nursing Home Advisory Committee commissioner Caster commented on concerned citizen about the number of Nursing Home Advisory Committee and asked can be increased? being contacted by a members serving on the if the number of members Clerk to the Board, Lucie F. Harrell, reported she will be glad to check with the Ombudsman to see if the membership should be increased according to the formula outlined in the State Statute governing this committee. A report will be forwarded to the Commissioners. Report on a visit to The Food Bank of Coastal Carolina Commissioner Caster reported on a visit to The Food Bank of Coastal Carolina and stated it appears that Mr. Steven Bagley is doing a good job in operating the facility. commissioner Barone inquired as to whether Mr. Bagley has a handle on the financial reporting? Commissioner .Caster reported Mr. Bagley now has the computer software available to perform the proper financial reporting; however, he is not sure how far along he is in this process. In his opinion, Mr. Bagley and the Board of Directors are aware of the need to perform financial reporting and are working toward this goal. Discussion of Request from Rutherford county for support of Enabling Legislation to Allow Local Governments to Substitute the Sales Tax for the Property Tax Commissioner Barone reported as directed by the Board of County Commissioners at the last meeting, she has contacted the Chairman of the N. C. Association of County Commissioners Board and this item has been placed on the agenda for the next meeting of the Taxation and Finance Steering Committee to be held on April 6, 1994. Chairman Greer stated if legislation is enacted, he is in favor of a sales tax statewide but is opposed to a local option sales tax. Adoption of Resolution Opposing Shipment of Spent Nuclear Fuel Through the Port of Wilmington Vice-Chairman Mathews reported on attending the briefing by the U. S. Department of Energy relative to the shipment of nuclear spent fuel rods through the Port of Wilmington. Concern was expressed for passage of.the nuclear spent fuel rods from the Port down shipyard Boulevard, to College Road, to 1-40, to Benson, North Carolina, and turning around going back to South Carolina. He requested the Commissioners to consider adopting a resolution of opposition similar to the resolution adopted by the city of Wilmington. Deputy County Manager Atkinson presented a letter received from the U. S. Department of Energy and reported the Environmental ..... ---- MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 14 Assessment for the wilmington Port will be completed by April 8, 1994. At that time, a decision will be announced to the public and appropriate public officials as to which port will be selected to accept the foreign nuclear spent fuel. After attending the day time meeting, he feels the Department of Energy has made the decision and is in the process of following the proper procedures before making an announcement. If the Commissioners decide to adopt a resolution of opposition, it should be adopted before April 8, 1994. commissioner Caster reported on attending the night meeting and stated according to literature distributed, if any port is selected the Department of Energy will be responsible for training persons to handle the material and receive clearances. In his opinion, this will take time; therefore, he would support a resolution of opposition for not allowing shipment of the 448 nuclear spent rods through the Port of Wilmington in this short period of, time. He expressed support for removing the spent nuclear fuel from Europe to the united states and stated with proper time allowed for training, he would not be opposed for use of the Wilmington Port in the future. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to authorize the County Attorney to prepare a resolution to oppose the shipment of spent nuclear fuel through the Port of Wilmington with the resolution becoming effective April 5, 1994. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Gre,er Voting Nay: Commissioner Barone Absent: commissioner Sisson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 6. Discussion on the Disposal of Hazardous Household Waste Vice-Chairman Mathews reported approximately three years ago, discussion was held on providing a system to dispose of hazardous household waste. He inquired as to the status of this proposal? Assistant County Manager, Dave Weaver, reported staff is working with the local N. C. Cooperati ve Extension Service in trying to create a system. Disposal of hazardous household waste is expensive, and it hoped some system can be developed. A status report will be forwarded to the Board. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of a Request to Amend the Internal Revenue Code of 1986 to Permit the Issuance of Tax-Exempt Bonds by certain organizations providing Rescue and Emergency Medical Services _ Deputy county Manager Atkinson reported on a request by the North Carolina Association of Rescue and Emergency Medical Services, Inc. for support of H.R. 1767 introduced by Congressman Martin Lancaster to amend the Internal Revenue Code of 1986 to permit the issuance of tax-exempt bonds by certain organizations providing rescue and emergency medical services. Staff has reviewed the bill and is concerned about the ability of volunteer rescue squads to issue tax exempt bonds with very little oversight or detailed information on the approval process. The proposed bill may be an advantage to rural counties, but could create problems for New Hanover County. After discussion of drafting a letter, it was agreed to allow the Commissioners to review this matter before opposing or supporting the request. ~ o o o e e e )'l"~~"~' ........ 'i~~~ ~ MrNUTES OF REGULAR MEETrNG, APRrL 5, 1994 ADJOURNMENT There being no further meeting atB:55 P.M. PAGE 15 business, Chairman Greer adjourned the Respectfully submitted, ~.~!~ Clerk to the Board .....1Il