Loading...
1995-04-03 Regular Meeting e e e "III 'ifINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE t6o\i ASSEMBLY " The New Hanover County Board of Commissioners met in Regular Session on Monday, April 3, 1995, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. ' Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.,; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. :, INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Thurman Gilchrist, Pastor of the Praise & Deliverance 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 from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were received: Concern for Flood Insurance Requirements on Mobile Homes Mr. Edgar Piner, owner of a mobile home park in the Myrtle Grove Sound area, expressed concern for the County requiring mobile homes to be 13 feet above sea level in order to obtain federal flood insurance. He reported federal flood insurance is not needed in the area where his park is located, and he expressed concern for the owners of mobile homes being required to pay an additional $11,000 to meet the 13 foot requirement when moving into the park. Concern was also expressed for placing a financial burden on people living in mobile homes to allow wealthier people living on the water to receive a lower insurance rate. The Commissioners were requested to provide some form of relief to keep him from losing his business and retirement income. County Manager O'Neal reported that New Hanover County was participating in a federal program that involves a community rating system 'which requires the County to conform to certain building standards, setback requirements, etc. As a result of this program, citizens residing in certain flood plain areas do receive a better insurance rating. After further discussion, Staff was directed to explain why 11 feet is satisfactory for mobile homes in other areas of the County, and if the owners of mobile homes are being penalized through this program to provide a better insurance rate for waterfront properties. A report is to be prepared and forwarded to the Commissioners. Appreciation Expressed to the Board of County Commissioners for Considering the Contracti~g of Services to Local Small Businesses Mr. Wayne Lofton expressed appreciation to the Board of County Commissioners for considering the involvement of local businesses in the provision of in County services. He referenced an article in the local newspaper and reported a private company could be used to locate "dead beat dads" who have not paid child support instead of hiring additional deputies. He noted that too often problems are resolved in a meeting room instead of allowing the private sector to become involved and resolve these issues within the community. He encouraged the Commissioners to be cognizant of the need to provide business opportunities to local companies, which .will keep tax dollars in New Hanover County. j / ~. ~INU~ES OF REGULAR MEETING, APRIL 3, 1995 PAGE, 602 Chairman Greer expressed appreciation to Mr. Lofton and explained he was referring to a newspaper article where he made the suggestion to use the services of a local company to aggressively pursue parents who do not p~y child support with a percentage of the funds collected returned to the company as payment for the services rendered. This type of arrangement would save money for the County because additional deputies would not have to be hired, and at the same time provide business for a local firm. Chairman Greer emphasized the importance of involving the private sector whenever possible and encouraged all County Departments, such as the Department of Social Services, to consider this option. o APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. The floor was opened for discussion. Chairman Greer requested removal of Item 3 for further discussion. commissioner Barone requested removal of Item 5 for further discussion. Amended Motion: Vice-Chairman Mathews AMENDED THE MOTION, SECONDED by Commissioner Sisson to remove Items 3 and 5 and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval The meetings of Minutes Commissioners approved the minutes of as presented by the Clerk to the Board: the following o Solid Waste Work Session Radio Communications Work Session Consolidation Work Session Regular Meeting - February 2, 1995 - March 17, 1995 - March 20, 1995 - March 20, 1995 Award pJ Contract #95-0275 to National Environmental Technologies, Inc., ~or Air Emission Testing at the WASTEC Facility The Commissioners awarded a contract in the amount of $48,400 to National Environmental Technologies, Inc., of Wilmington, North Carolina, to provide annual stack testing at the WASTEC Facility for a period of three (3) years. Also, the contract will provide air permitting and compliance updates at no additional fee. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Acceptance of Grant Awarded to the Sheriff'S Department From the Governor's Highway safety Program and Approval of Budget Amendment #95-0154 The Commissioners approved the following Budget Amendment and accepted the grant awarded to the Sheriff'S Department from the Governor's Highway Safety program in the amount of $1,268 to pay for overtime incurred to conduct sobriety checkpoints: 95-0154 Sheriff's Department o . Debit Credit Sheriff'S Department DWI-Overtime Grant $1,268 Sheriff's Department Salaries FICA Retirement $1,115 86 67 e e e ,r. :'~":" l:;tl)~" ".....<.r;::.,.~-.1 ;::', J q-'~~"~r?'''< 'i~ 1.: l' l'~JJ,;,t.[- <....\j."t.~'^~l.' " ."..rl>~.f:J'!,,,{ ;. ',. :;<';'" ;;",i\'i'~ --;";>;1 "Ill \- ~1 ~ i' . (!.; : 0. ~. .:'. r { ,y.,'",.''',.', If. "~ ">111.' . .. ~ ~ ';I~.'1~;'l~i; "~ t- ;, MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 603 Approval of Part-Time Clerical Temporary position to Part-Time Permanent position for the Sheriff's Department The Commissioners approved changing a part-time Clerical Assistant position to a part-time permanent Clerical Assistant position for the Custody Division of the Sheriff's Department. The position has proven invaluable to the Jail in successfully controlling the vast amount of electronic and hard copy information required by the Criminal Justice System. Report of Budget Amendment #95-41 for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: 95-41 Animal Control Facility/Non-Departmental Transfer Debit Credit Animal Control Facilitv Operating Transfers In $10,000 Animal Control Facility Capital Project Expense $10,000 Non-Departmental/Continqency Contingency $10,000 Non-Departmental-Transfers Transfer to Capital Project $10,000 Purpose: To increase the budget for paving at the Animal Control Facility. Approval of Budget Amendment #95-0151 - Sheriff's Department The Commissioners approved the following Budget Amendment: 95-0151 Sheriff's Department Debit Credit Sheriff's Department Other $18,855 Sheriff's Department Supplies Miscellaneous $13,855 5,000 Purpose: To increase the budget for money seized by the Sheriff's Department from gambling (the illegal lottery). Approval of Budget Transportation The Commissioners #95-0152 Amendment Human Services approved the following Budget Amendment: 95-0152 Human Services Transportation Debit Credit Human Services Transportation System DOT-18-Adm. Federal DOT-18-Adm. State Fees $21,759 4,663 4,663 Human Services Transportation System Contract Services Advertising Printing Travel $20,500 4,500 3,800 2,285 Purpose: To increase the budget for administrative funds awarded to the New Hanover County Transportation Services for FY 1995. Approval Services The of Budget Amendment - Administration/Adult Commissioners approved 95-0158 Department of Social Day Care the following Budget Amendment: ~ ( 1 ~INUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 604 95-0158 Department of Social Services Debit Credit Department of Social Services Adm. DSS Administrative Grants $6,253 Adult Dav Care Day Care $6,253 Purpose: To budget additional allocation of State funds for Adult Day Care. APPROVAL OF CONSENT AGENDA ITEM 3, RATIFICATION OF LEASE ASSIGNMENT (CONTRACT #93-0080) FROM "CROSSROADS OF N. C." TO "COALITION OF SUCCESS" FOR THE USE OF THE LUCILLE SHUFFLER BUILDING Chairman Greer inquired as to whether there were separate contracts for Crossroads of N. C. and the theater group? County Manager O'Neal responded there were two contracts, one for Crossroads of N. C. and the Opera House Theater. . Chairman Greer commented on the beneficial services provided by Crossroads of N. C. when entering into the lease agreement and expressed concern for having no information on the services being rendered by the Coalition of Success.' He requested the Board to consider reducing the 7-year term of the contract to one or two years before approving the lease assignment. commissioner Sisson reported the program and personnel are basically the same; however, the name, Crossroads, cannot be used. The Crossroads program was developed in Wilmington and served as a model throughout the nation with donations received from one major benefactor. When the Crossroads local program was closed, the teachers and persons involved with Crossroads decided to continue the program because of its success. From this effort, the Coalition of Success was formed and has sponsored fund rais~rs to cover the costs of ,operating the program. Commissioner Sisson emphasized the financial importance of the lease and stated without this agreement, Coalition of Success will not have enough funds to cover operation costs. ' commissioner Caster expressed concern for supporting a program that is established today and gone tomorrow, and cautioned signing- off on a lease for a number of years without full knowledge of the program. Ms. Dell Wright and Mr. Ken Hendricks, Staff Members of the Coalition of Success, reported on working with Crossroads for five years. The reason for continuing the program is that 120 children need the services being rendered. Mr: Hendricks reported Jack Dunn was extremely supportive of the program as well as the entire community. The Lucille Shuffler Building is one of five sites and is used to provide services to children in grades 3-5. There is a site located at St. Andrews Covenant Church; Trinity Methodist Church; the Wilmington Housing Authority and Nesbitt Courts. All of these churches and agencies have allowed the Coalition of Success to continue to provide the program in their facilities. The Wilmington Housing Authority will serve as the implementing agent to receive federal grants until the 501C-3 status is obtained. The Government Crime commission grant to Wilmington through Crossroads has been changed to the Wilmington Housing Authority to fund two program directors. The HUD grant is being changed to the new program. The Coalition of Success will focus solely on Wilmington, and Board of Directors will be composed of persons living in wilmington. The Commissioners were requested to approve the lease assignment. Chairman Greer asked the County Attorney if the insurance liability requirements had been met? o o o e e e . ,""f il"''':('' .",.,'1"',...... ,. 1 ~ i~J!i<n\'~:;~~~Ltl)l';:.' '~j\:l!:tl~<iJ;W.l'! _ 'ili~j.'~~\l,~j ,'i' '~?' t'!;,~",:j:~.'~,,: . ,:r,;. .' lit~'if'~ . ,.1'" .'J.t.J,; ;:::;':;(',) l~'\ 'I' F \'~ _~'!.\ , h, '..il.rj :,..,' '~r; ~. ( ""lI 11:\,;, '14 g'l ,'(~ 'J"f;;,'!') "'l,.Af<'i.l''':~ L.<' ''i:,I;' '?:i;~%"l~~~~l~.;:~tt }i'~:\l{'<;:;',~'i1.\:;:,';' ~ .' t MINUTES OF REGULAR MEETING, APRIL 3,' 1995 PAGE 60'5 Assistant County Attorney, Kemp Burpeau, reported the $2 million coverage was adequate and would be provided under the Certificate of Insurance. The general commercial liability insurance would be required before executing the Letter of Intent. Chairman Greer recommended reducing the 7-year term to one year. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to approve the lease assignment from Crossroads of N. C. to the Coalition of Success for one year contingent upon certification of the required insurance and a review of the program at the end of the first year. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Lease Assignment and Letter of Intent are on file in the Legal Department. APPROVAL OF CONSENT AGENDA ITEM 5, ADOPTION OF RESOLUTION TO AWARD RAP#95-0217 FOR BANKING SERVICES TO WACHOVIA BANK OF NORTH CAROLINA, NA AND APPROVAL OF CONTRACT #95-0217 Commissioner Barone inquired as to how often the banking services are bid? Finance Director, Bruce Shell, responded every three years. commissioner Barone inquired as to the name of the bank currently providing the banking' services? Finance Director Shell responded Wachovia Bank of North Carolina. commissioner Barone inquired as to the number of years the banking services have been awarded to Wachovia? Deputy county Manager, Andrew J. Atkinson, responded in the past food stamps were mailed to ~he clients and the stamps had to be stored in a local bank vault. Wachovia Bank was the only local bank with a vault large enough to accommodate the food stamps. The last contract bid was the first time that space did not have to be provided for food stamps, which opened up the bidding process to other banking institutions. When the last contract was awarded to Wachovia, the services were more extensive than the services provided by other banking institutions. Chairman Greer inquired as to whether the bid was advertised or were bid packages mailed to the six banks? Purchasing Agent, Amy Akin, reported all six banks were mailed bid packages. The State requires the County to have accounts with banks that use the option II pooling method. A list was obtained from the State listing the banks that use this method, and bid packages were mailed to every bank on the list. There were approximately 12 to 13 banks. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the resolution awarding RFP#95-0217 for banking services to Wachovia of North Carolina, NA, and authorize the Chairman to execute the necessary contract documents. Upon vote, the motion carried unanimously. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 32. , A copy of the contract is on file in the Legal Department. ADOPTION OF PROCLAMATION DECLARING APRIL 2-8, 1995, AS "NATIONAL COUNTY GOVERNMENT WEEK" IN NEW HANOVER COUNTY Chairman Greer read and requested adoption of a proclamation to declare April 2-8, 1995, as "National County Government Week" in New Hanover County. ~ ; I MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 606 Assistant to the County Manager, Pat Melvin, reported unfortunately the County Government Week celebration has been upstaged by the Azalea Festival activities; however the Board of Education is conducting a program for the Students in Government Week and the media will -cover the events. Emphasis will be on the Dedication Ceremony of the new Animal Control Facility with students from Head Start and one of the high schools receiving a tour and participating in a Work Shop on the impact of companion animals on lifestyles and living. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a proclamation declaring April 2-8, 1995, as "National County Government Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 32. ADOPTION OF A ~ESOLUTION TO AUTHORIZE THE TOWN OF CAROLINA BEACH TO ENFORCE WATER SAFETY PRACTICES ALONG CERTAIN PORTIONS OF THE UNINCORPORATED NEW HANOVER COU~TY BEYOND THE CAROLINA BEACH TOWN LIMITS Attorney Joel Rhine, representing the Town of Carolina Beach, requested adop;tion of a resolution and inter local agreement to authorize the Town of Carolina Beach to enforce safety practices at Pelican Watch and Atlantic Towers, which is a portion of the beach that is in New Hanover County. He commented on a similar agreement with Wrightsville Beach and requested adoption of the resolution presented. Chairman Greer expressed concern for other areas feeling they should be protected and inquired as to whether the citizens were aware that only the unincorporated area of the beach would ,be covered? Attorney Rhine reported the citizens are aware lifeguard services will be provide only at Pelican Watch and Atlantic Towers with no services provide in any other areas of the beach communi ties. ' I Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the resolution and approve the inter local agreement with the Town of Carolina Beach to allow the town to enforce water safety practices along certain portions of the unincorporated New Hanover County 'beyond the Carolina Beach Town Limits. The Chairman was authorized ,to execute the necessary contract agreements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of'the resolution is hereby incorporated as a part of the minutes and is contained in Exhib~t Book XXII, Page 32. , A copy of the interlocal agreement is on file in the Legal Department. ADOPTION OF RESOLUTION TO PROCEED WITH THE RADIO COMMUNICATIONS IMPROVEMENT PLAN Emergency Management Director, Dan Summers, reported the Radio Communications; Task Force made a report to the Board of County Commissioners at a Work Session held on March 17, 1995. He introduced Mr. Fred Worsh and Mr. Ed Vosnock, who have given hours of their time, and efforts to develop the Radio Communications Improvement Plan. 'After four years of study, visiting' with numerous vendors, users, local governments, and national standard groups, the Task Force feels the plan presented should be adopted to improve the mobile radio communications system. The plan is flexible and will allow the County to change vendors at any time ir performance requirements are not met satisfactorily. Also, :every community visited recommended standardizing and proceeding with a sole source procurement to develop teamwork and a relationship with the 911 environment that can be counted on day in and day out. The o o o e e e " ,} ~J.l'~!S',l:ii;(fJ-i.i~_;g'::q';fj;l~'i'f,{'ttWi};i;l'~:~f~Fi,!i:r'," !"r' '~'''5'..y'FJ'' '1""~"';~;' :'Ff;'o 'I.' '~,1A-'':R''(*' . . -";'1:"~~' "r<~:-:i~i'\>,:. ro"":!' ", ;" ': .,.t ,i'/j.--::;. ./ - ,. ~<">M.I .<if-:.." . ir;~1~!~~'k~~;;'~,;.'\ ~';}~1~.~*:;tf;' ' -.. ..;1'\-;,..". -,. "III MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 607 Fire Service Tax District has set aside funds to proceed with developing the system, and the plan as recommended will accommodate a consolidated government. In summary, the Task Force has completed its mission and Staff recommends moving forward with the proposed plan. with the recent incident at the radio tower, it is felt the tower will have to be reconstructed, and with the upcoming hurricane season, the County is in an at risk-management situation. Chairman Greer expressed appreciation to the members of the Task Force for the time and effort given to prepare the proposed Radio Communications Improvement Plan. Mr. Frank McNeil, the founder of Communication Specialists Company, introduced the General Manager, Mr. Don Lofton and Mr. Ron Riley, the Ericsson/GE North Carolina State Government Accounts Manager. He reported after a review of the plan, the 800MHZ trunking system is the preferred system; however, his company strongly disagrees with the Task Force's conclusion that only one vendor should be allowed to participate in the acquisition process and that the system should be rented from Motorola without competition from other vendors. As a representative of Ericsson Incorporated, the manufacturer of the state-of-the-art GE Enhanced Digital Access Communication System (GE/EDAC System), this 800MHZ trunking equipment is used by more than 250 police departments, fire departments, emergency medical services, utilities, and major industries throughout the world. Mr. McNeil reported Ericsson, Inc. and Communication Specialists could offer the County a GE/EDAC System that would meet current and future needs for years to come. He noted that many contacts had been made with the Radio Communications Task Force offering to provide input with development of the system; however, the Task Force, for some reason, was not interested in receiving assistance from the company. A demonstration of the GE/EDAC System was held in Fayetteville, N. C. with an invitation extended to the members of the Fire and Law Enforcement Subcommittee of the Task Force; however, only one member attended the meeting. Later, a demonstration of the GE/EDAC System was held at the Coast Line Convention Center inviting public safety officials throughout southeastern North Carolina and members of the Subcommittee. Seventy-five people attended with only one member of the Subcommittee present. Frequent inquiries were made to the Task Force as to the status of the radio communications system, one approximately three weeks ago, with the response that no action had been taken. Suddenly, a resolution appears on the agenda with letters attached to the proposal from Sheriff McQueen and Wilmington Fire Chief Sam Hill endorsing the concept of purchasing the 800MHZ trunking system, not the endorsement of a single source non-competitive purchase. The Commissioners were requested to postpone adoption of the resolution for 30 days to allow Ericsson/Communication Specialists, Inc. to make a presentation on the features and benefits of the GE/EDAC System to show there is a choice of more than one responsible, responsive bidder. Whether the County decides to purchase or rent a program, Ericsson/Communication Specialists can offer a rental program with a sizable savings to the County and its taxpayers by opening the process to fair competitive bidding. Chairman Greer asked Mr. McNeil if a bid could be prepared that would not lean toward one company? Mr. McNeil reported presently there are only two manufacturers, Motorola and Ericsson/GE that can provide the digital trunking system. Specifications are being prepared by consultants and entities with Ericsson/GE winning some bids and losing others; however, 70% of open bids have been awarded to Ericsson/GE. ...4 ,M-INUTES OF REGULAR MEETING 1 APRIL -3-" 19 9 5 PAGE '60S Mr. Riley, Key Account Executive for Ericsson, Inc. in North Carolina, reported Fayetteville, North Carolina, just recently prepared a fair, competitive bid package, which did not isolate the other bidders. The company will bid on the project and whether the bid is, or is not, awarded to EricssonjGE, the company will have been provided an opportunity to bid on the project. Chairman Greer inquired about the national standard referenced by the Director of Emergency Management? o Mr. Riley responded there is a committee in the process of reviewing a national standard; however, no standard has been adopted. Many letters have been written by public safety agencies, cities, and counties across the nation commenting on the placement of a national standard in the bid specifications with the feeling that no specific standard could be established. Chairman Greer inquired as to whether the state of North Carolina has an 800MHZ System? Mr. Riley responded the State of North Carolina operates five channels of 800MHZ in the city of Carey and Raleigh. These channels are used by some State agencies; however, the State hired Price-waterhouse as the consultant to develop the route to follow in developing the network highway. This is an indication that no specific commitments have been made by the State to any vendor, technology, or standard. The consultant study should be completed within six months. vice-Chairman Mathews requested an explanation of the companies involved with EricssonjGE, and inquired as to whether the company would have a problem with a rental program? Mr. Riley responded General Electric is an American company and Ericsson is a Swedish company. As to a rental program, the company would not have a problem with a rental agreement, lease- purchase agreement, or out-right purchase. o _ Commissioner Barone inquired as to whether there would be a problem with obtaining parts or service for an 800MHZ System? Mr. McNeil reported that all parts are manufactured by General Electric in Lynchburg, Virginia. Chairman Greer inquired as to whether the County should lease or purchase the equipment? Mr. McNeil reported the interest rate would be the determining factor in deciding whether to purchase or rent the equipment. As to the flexibility of a 5-year lease agreement, in his op~nion, it would be difficult to change in the middle of the lease. Director Summers reported the plan recommended is based on a proven track record of the proposed 800MHZ Trunking system in disaster events. As to the national standard, the report shows that four manufacturers have chosen to follow the national standard that will be approved or modified in the near future. EricssonjGE does have an alternate technology, and the County will have to decide if it desires to invest in this alternate or follow through with the national standard. o - I Mr. Ed Vosnock, a member of the Task Force and a fr~end of Don Lofton reported in the review process, the Task Force had to look objectively at systems that work. In his opinion, it is much easier to work with a proven system than with a system that is still in process of proving itself. The Task Force .feels comfortable with the recommendation of Motorola, which has been chosen by every major city in the State. e e e \ ~f~ :f~~~~~:?.t~','~:,f,htir;~:~:~'t!t:J:;:~i:~~~t~\';~iY: ~ "Ill h.',i' ,~ , ., , .. . - . 'to ", - .', "~~t,' ,.}-~ '~~;;I"~~~1'?N.":tl' ';~:o;.~~ ,g 1:1 ..r MINUTES 'OF REGULAR MEETING, APRIL 3, 1995 PAGE 609 Mr. Fred Worsh, a member of the Task Force, expressed concern for Mr. McNeil reporting that no other members of the Task Force attended the demonstration meeting at the Coast Line Convention Center. He reported every member of the Task Force Subcommittee attended the meeting, captain L. P. Hayes of the Sheriff's Department; Mr. Vosnock, Dan Summers, and himself. Also, Ericsson/GE was contacted by the Task. Force after seeing the demonstration. He expressed concern for the 4-year lawsuit between Hanover County, Virginia, and Ericsson/GE because of problems with the system and reported no complaints of this type have been heard about the Motorola Trunking System. In summary, the proposed plan has received extensive review by the Task Force, and the members feel the County will receive the trunking features necessary to develop a well organized county-wide radio communications system. Mr. Don Cahoun, a Motorola representative for eastern North Carolina, reported he would like to correct a statement made about Motorola not having a local service facility. He informed the Board that Coastal Electronics is the local service facility in Wilmington. Also, the present E-911 dispatch consoles leased from Motorola will interface directly into the proposed 800MHZ System with minor modifications. If the County selected another vendor, the consoles would have to be replaced or controlled by base stations that would create a loss of the trunking system features. commissioner Caster expressed concern for all companies not being included in the bidding process. County Manager O'Neal reported the bid specifications were prepared to acquire the best system for the money and at the same time comply to the State bidding procedures. The Legal Department thoroughly reviewed the bidding process and the County is not in violation of the State bidding law. A lengthy discussion was held on renting the equipment. Director Summers listed the fo)lowing advantages of a rental agreement: (1) the equipment will be updated to keep pace with the rapid changes in technology; (2) other equipment can be acquired if the County is not satisfied with the rental equipment because no investment has been made; and (3) rental of the equipment will allow for better budgeting and utilization of funds. Vice-Chairman Mathews requested an explanation of the time that has lapsed since the last contact with Ericsson/GE? Director Summers reported on attending the Ericsson/GE demonstrations and the discussions that followed the meetings. He commented on the information received from Ericsson/GE and stated no information had been reviewed for eight months because the radio communications tower was being constructed. Once the tower was completed, the Task Force felt adequate information had been gathered from all sources to prepare the bid specifications. Commissioner Barone expressed appreciation to the members of the Task Force for the work and effort given to prepare the plan. She strongly objected to the tendency of New Hanover 'county government to design specifications so that only one vendor can respond to a bid. She reported this has happened in the past and, in her opinion, this procedure is not fair to other vendors who are trying to introduce their products. Discussion was held on whether the Motorola System could be changed at a later date. Director Summers reported a rental'option will allow for a change if the system does not perform. The proposed system will allow the current County radio systems, such as the telemetry system for the Water & Sewer District, to become a well organized radio communications system. ~ , I MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 610 Chairman Greer expressed concern for the vagueness of the resolution and requested an explanation of what the County would be acquiring. Director Summers reported the County Fire Tax Service District is requesting that $800,000 be appropriated in a Capital Projects Account to allow the Motorola team to develop the technical specifications and lease program. This is a one-time funding request to place the system on line and make this resource available to other agencies wanting to subscribe to the 800MHZ system. The consulting and engineering cost will be passed to the manufacturer engineering group, which is a savings to the County. o Chairman Greer inquired as to why Board of County Commissioners was not requested to transfer the $800,000 from the Fire Service District fund balance to the Volunteer Fire Departments to place the 800MHZ system on line? Director Summers responded the Task Force was requested to present a report with a recommendation as how the County should proceed with an 800MHZ System. No budget information was included in the resolution; however, it was the intent of the Task Force to request an $800,000 appropriation and authorize Staff to proceed with engineering and lease option negotiations with the Motorola Company. The Board of County Commissioners would still have to approve the final contracts and transfer of funds. County Manager O'Neal explained the Board would be approving the concept of moving forward with the rental arrangement. The transfer of funds would occur through a Budget Amendment and would require approval by the Board of County Commissioners. Vice-Chairman Mathews commented on the number of years given by the Task Force to study the 800MHZ System and, in his opinion, he feels comfortable with the plan recommended. o Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt the' resolut~on as presented for the county to proceed with the Radio Communications System. The floor was opened for discussion. Mr. McNeil requested the Board to postpone a decision for 30 days in order for Ericsson/GE to make a presentation and clarify the many issues that need to be addressed. Mr. Don Lofton, a representative of Communications Specialists, Inc., reported there are leaders in technology and at times other people take over the lead in this field. In his opinion this has occurred with the 800MHZ trunking system. He explained this was why the Board has been hearing there are 16 Motorola trunking systems in North Carolina with only two GE/EDAC Systems. This is true, but there are no astro systems in North Carolina, Virginia, and South Carolina. GE/EDAC is an astro system. ,As to the consoles being off-line when installing a trunking system, Ericsson/GE will not place the county in jeopardy during this period of time. When the existing consoles are modified by Motorola, new software will be required and operators will have to be trained; consequently, there would be no difference if the GE/EDAC system was installed. Many of the items discussed tonight are applicable to either 'vendor. As to the lawsuit in Greensboro, Ericsson/GE intervened because the Motorola initial quotation was $13.8 million, and after that intervention, Motorola came in with a quote of $8.1 million which was a savings of $5 million. o Vice-Chairman Mathews requested an explanation of the relationship of Ericsson, Inc. from Atlanta with General Electric. Mr. Ron Riley responded there are three businesses within the corporation: Ericsson, Inc. USA, the Atlanta office; Ericsson/GE 'fi'n:t:o;~r"'~~' ;r"!~~"~~7i'::-"~;~';"~' ~JF:i Of. ""II .,. t,,~~.~~t.~k'~~~'.l; ~;.~MM.~~.;,:.:, .~ ,. I :\<>'It!'\f,.' ~ r ..' ...,': 0, MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 6-11 Mobile Communications, which is the manufacturing arm of the Ericsson and GE.mobile radio located in Lynchburg, Virginia; and a cellular and paging division that operates under another name in the united states and overseas. The County would be purchasing from EricssonjGE Mobile Communications and the Ericsson Research and Development Company. e commissioner Caster reported on this being a complicated issue and emphasized the need for the Board to rely on the findings of the study and knowledge of Staff in recommending the best 800MHZ trunking system for New Hanover County. Mr. NcNeil commented on the fiduciary responsibility of the Board and reported in order to receive the "best bang for the buck", the Commissioners should provide an opportunity for EricssonjGE to make a presentation before making a decision. Also, the resolution presented is vague, and in his opinion, the Board will not know what has been voted on if the document is approved. commissioner sisson strongly objected to Mr. NcNeil referring to the resolution and reported this document had been reviewed by the Legal Department. He stated providing 30 days for another presentation will not alter the outcome of the recommendation by the Task Force, which has been developed and studied for the past four years. commissioner Barone stated, for the been supportive of the 800MHZ system; satisfied with a bidding process that was and for that reason she could not support record, she had always however, she was not not open to all bidders the motion. Upon vote, the MOTION CARRIED AS FOLLOWS: .e Voting Aye: Commissioner Caster Commissioner sisson Vice~Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 32. BREAK Chairman Greer called a break from 8:25 P.M. until 8:45 P.M. CONSIDERATION OF JOINT CITY AND COUNTY DEVELOPMENT OF PARKING STRUCTURE ON COUNTY PROPERTY ADJACENT TO THE NEW HANOVER COUNTY LIBRARY Chairman Greer reported the Wilmington City Council had requested the Board to consider the joint development of a parking structure on County property adjacent to the New Hanover County Library, which is currently being used as a parking lot for library patrons. He announced some members of the Library Advisory Board were present and would like to comment. The following remarks were received: e Ms. Janet Durham, Chairman of the New Hanover County Library Advisory Board, commented on the growth of the Library and reported there are 450,000 people using the Main Library. These patrons consist of mothers with toddlers, adults, students, school children, and the elderly with most people using an individual car for transportation. She reported the Library Advisory Board is concerned about ample parking for the library patrons and security if a parking deck is constructed. She requested Mr. David Carnell, Chairman of the Long Range Planning Committee, to comment on these concerns. ~ / 1 j I .1 f MI~UTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 612 Mr. Carnell reported a top priority of the Library Advisory Board has been to complete the existing library building as a facility that will be suitable for the next twenty years. with the increase in usage, parking will have to be addressed in the future. When the Main Library 'was located in the downtown area instead of a more remote area of the county, the library patrons were assured that parking would be free and space would be available for their use. The current parking lot has accommodated these needs. However, if a parking deck is constructed, the structure will have to meet the special requirements- of library parking such as adequate free parking for library patrons on the ground and second levels; safe and secure access for library patrons, which entails doubling the ceiling heights to allow light to flow through the facility; and the provision of nearby parking during construction. The Library Advisory Board feels there are better solutions to meeting the parking needs of the City such as construction of a parking facility on the Thalian Hall lot at Third and Chestnut streets with right turns only from both streets and a crossover bridge from the upper level of the parking deck to the top level of Thalian Hall; construction of a parking facility on the northeast corner of Third and Market streets with access only by right turns; or satellite parking with shuttle service for government and business employees on the vacant lot across from the Cape Fear Museum. In summary, the Library has become an outstanding cultural facility for all residents of New Hanover County and the Library Advisory Board feels the Commissioners should not make a decision that would restrict the use of the Main Library. Vice-Chairman Mathews expressed concern for restricting access to the Library and reported with the consolidation issue, ,he feels this matter should be delayed. commissioner Caster expressed concern for using consolidation as the reason for delaying the request and reported he feels the City should be informed about the concerns of the Library Advisory Board and the need for other sites to be reviewed. Consensus: It was the consensus of the Board for the County Manager to write a letter to the City informing them of the concerns of the Library Advisory Board as well as the need to review other sites. OFFICIAL LIGHTING OF THE HISTORIC NEW HANOVER COUNTY COURTHOUSE Chairman Greer reported Mr. Jim Godwin generously donated his time to perform the design work for the lighting of the Courthouse. He requested Mr. Godwin to step forward to receive a framed print of the Courthouse. county Manager 0' Neal reported Mr. Godwin was not able to attend the meeting; however, he would like to recognize the Director of Property Management, Winfred Simpson, and Richard Lemon, a County Electrician, who performed the work. Chairman Greer requested all persons present to step outside to see the official lighting of the Courthouse. AUTHORIZATION FOR THE CHAIRMAN TO WRITE A LETTER OF APPRECIATION TO THE DEPUTIES WHO RAISE AND LOWER THE FLAG - SHERIFF'S DEPARTMENT Vice-Chairman Mathews commented on the excellent job performed by the deputies at the Sheriff's Department in the daily raising and lowering of the American Flag at all County facilities and recommended authorizing the Chairman to write a letter of appreciation. Consensus: It was the consensus of the Board for the Chairman to write a letter of appreciation to Sheriff McQueen to be forwarded to the deputies who perform this duty. o o o e e e jtf'~'" '1~,::;?; fo',"l "t~ 'JrU{ ~?l"I(..~j/ """""lkf I'j":~'''i;flti~'; ,)::"!:'.' ;I' ""'III I ~, c1"' : .,ti:~~~<!." ~t .. '~~..~T""- . ',.... \.. .... "~," ",,-1",,~ ~~.1t MINUTES OF REGULAR MEETING, ,APRIL. ,3, 1995 PAGE 61'3 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 9: 10 A.M. until 9:13 P.M. to hold a Regular Meeting of the Water & Sewer District. PUBLIC HEARINGS Public Notice had been given that Public Hearings would be held on Monday, April 3, 1995, at 7:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third street, Wilmington, North Carolina. PUBLIC HEARING TO CONSIDER A REQUEST BY DOTTIE MAYES TO REZONE FIVE (5) ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD 700 FEET SOUTH OF RADNOR ROAD TO B-1 BUSINESS AND R-15 RESIDENTIAL FROM B-2 BUSINESS (Z-529', 2/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported this item was continued from the March 9, 1995, meeting with a tie vote on the motion to approve the rezoning request. The Board then decided to continue the item until all five members were present and postponed action until April 3, 1995. He reported the primary debate at the Public Hearing focused on preserving the property rights of the owner of the front portion of the property, and the range of uses that could reasonably be expected under current zoning versus a less intense commercial district. Planning Director Hayes reported despite the opposition from the owner of the front portion of the property, the Planning Board voted 7 to 0 to recommend approval of the petition. The Board felt the change would permit the owners of the rear parcel to pursue plans to develop their property residentially, which cannot be done under commercial zoning. The rezoning wou1d also preserve a reasonable range of commercial uses. commissioner Caster inquired as to why the property could not remain zoned B-2 Business? Planning Director Hayes reported the County Zoning Ordinance requires that every B-2 District must have at least five acres of land. The business portion of the property in question does not meet this requirement. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Attorney Bill Raney, representing Bryan and Jan Stahl, the owners of the property, informed the Board that Ms. Dottie Mayes submitted the rezoning request on behalf of her sister, Jan Stahl. He stated if possible the Stahls would request rezoning only their portion of the property; however, the Zoning Ordinance does not permit a B-2 Business District on less than five acres of land. The 'reason for the rezoning is to allow Mr. & Mrs. Stahl to use a greater portion of the property for residential use because they desire to build a retirement home on the back portion of ti)e property. Attorney Raney presented a map of the proposed site and reported the rezoning would be in compliance with the Land Use Plan for New Hanover County. The Stahls are willing to accommodate the owner of the front portion of the property to allow the two acres necessary for the B-1 Business District. The back portion of the property does not have adequate access for a B-2 District because of the 25 foot easement. The front portion of the property currently zoned B-2 Business will be downzoned to B-1 Business if the proposed rezoning is approved. Under a B-1 District, the owner of the front site can use the site for numerous commercial uses. ..... , I MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 614 Attorney Raney reported the property should not remain zoned B-2 Business because of the following reasons: (1) In 1993, the owner of Parcel D, Warren Passmore, petitioned to rezone the site from R-15 Residential to B-2 Business in conjunction with the adjacent commercial use. The request was not approved at that time because the rezoning did not meet the County's Policies for Growth and Development, which is to encourage commercial and related activities to locate along major roads or at near intersections with other major roads. If this property was not suitable for commercial development, the Stahl property would not comply to these requirements. (2) The Stahl property is classified Resource Protection because of its proximity to Myrtle Grove Sound which requires development to be compatible to the area and designed to protect natural resource areas, which in this case is the water quality of Myrtle Grove Sound. (3) The lack of basic water and sewer services coupled with the development of other commercial service areas, such as Masonboro Commons and the explosive growth at Monkey Junction curtail the demand for commercial use of the property in question. Attorney Raney reported the Stahls are requesting the property to be rezoned to its initial zoning in 1989. The rezoning from B-1 Business to B-2 Business was probably a mistake by the governing body; therefore, approval of the proposed rezoning will correct this error. The Commissioners were requested to approve the rezoning request. Ms. Dottie Mayes presented a notebook, marked Exhibit I, reflecting pictures of the property. Ms. Jan Stahl, the owner of the property, explained the land was purchased six years ago for construction of a home on the site. During this period, her mother has lived in a small house located on the property, and taxes have been paid to New Hanover County. When deciding to construct a home, it was decided to move the small house to the highest point of the property to allow her mother to continue to live in the home rent free. During this process, it was discovered that the B-2 line crossed a portion of this point, and she decided to submit rezoning petition. Ms. Stahl reported she and her husband own 3.25 acres of the 5-acre tract, and she feels the Board should approve the rezoning request to allow the majority property owner to use the property for residential use. commissioner Caster asked Ms. Stahl if she and her husband were aware that the front portion of the property was zoned B~2 Business when the land was purchased? Ms. Stahl responded they were aware of the commercial zoning; however,. as a majority owner of the property, she cannot use a portion of her property because of the imaginary B-2 line. Also, she would never use the property for commercial Use. commissioner Caster inquired as to whether a waiver could be granted? Planning Director Hayes reported a residential use cannot be permitted in a commercial district without amending the Zoning Ordinance. Chairman Greer inquired as to whether a Special Use Permit' could be granted for this portion of the property? planning Director Hayes reported a Special Use Permit could be issued; however, the zoning Ordinance would have to be amended. In his opinion, allowing a residential use adjacent to a commercial o o o r' /~?V.;,fI;tj.~~ri~~~~f~~~~~~il'!~::;\~;'ir; "'Ill -. ~"'~~"'.. ',," f ~~';~;~'" ... 'ii..', MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 615 use could create a problem for nearby residents because of lights, noise, and litter. e Attorney Billie Mason, representing Mr. Henry, who owns the B- 2 property, reported with the current use (an adult book store) of the structure on the property, Mr. Henry will have to find another rental tenant for the building. He and his wife are depending on the rental of this property as part of their retirement income and with a change in zoning from B-2 to B-1, many commercial uses will be restricted on the property. Emphasis was placed on .the fact that when the Stahls purchased the property, the B-2 zoning was already in place, and this matter should have been considered by the Stahls at the time of purchase. If the downzoning is approved, Mr. Henry will be the person who will suffer the financial loss. The Commissioners were requested to deny the rezoning request. Mr. Elton Tucker, the owner of Parcel C, reported on the need to rezone the area to accommodate the best use, which in his opinion is for residential .development. If the land is downzoned, it will be more compatible to surrounding properties. commissioner Caster inquired as to whether a B-2 Business could be constructed on the site? Planning Director Hayes reported a business could be constructed on the site. commissioner Caster asked why the house cannot be located on the east side of the property? e Ms. Stahl responded the land is heavily wooded and classified as wetlands, which will not allow placement of the home on any other portion of the property. There being no further comments, Chairman Greer closed the Public Hearing. Motion: After further discussion, Vice-Chairman Mathews MOVED; SECONDED by commissioner Sisson to approve the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson vice-Chairman Mathews Voting Nay: Chairman Greer Commissioner Barone A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 44. e PUBLIC HEARING TO CONSIDER A REQUEST BY JOE RIZZO TO REZONE 6.6 ACRES ON THE NORTH SIDE OF GORDON ROAD WEST OF MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-531, 3/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted 4 to 1 to recommend approval of the proposed rezoning. The Board felt that development trends in the area supported the rezoning and noted the change would be consistent with existing policies for growth and development. The member voting against the rezoning felt that no increases in land use intensity should be permitted until the N. C. Department of Transportation initiates and completes the widening of Gordon Road. M~NUTES OF REGULAR MEETING, APRIL 3; 1995 PAGE 616 Planning Director Hayes reported the Planning Board felt that Parcel H, owned by Mr. Arnold Henegar, should be included in the B- 2 zoning classification and requested Staff to contact Mr. Henegar. After discussion with Mr. Henegar, he does not desire for his property to be included in the B-2 zoning classification. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: o Mr. Joe Rizzo, the agent representing the four property owners, requested approval of the rezoning request. commissioner sisson inquired as to whether the access would be onto Gordon Road? Mr. Rizzo reported the two parcels to the north of Thompson's Sign Company would access Market Street with the other two parcels accessing Gordon Road. commissioner Sisson inquired as to whether the individual property owners were part of a group? Mr. Rizzo reported they were separate individuals. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to approve the rezoning of 6.6 acres on the north side of Gordon Road west of Market Street excluding Parcel H to B-2 Business from R-15 Residential. The floor was opened for discussion. commissioner Sisson commented on the already congested traffic on Gordon Road and reported during peak hours, the road is almost impassable. In his opinion, two additional driveways on Gordon Road will completely overload the road. The N. C. Department of Transportation has not addressed widening Gordon Road and until the State develops a traffic pattern for this area, additional accesses should not be permitted. o Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is hereby incorporated as a part of the minutes and is contained in zoning Book II, section 6, Page 59. PUBLIC HEARING TO CONSIDER A REQUEST BY MAJOR GRADY FOR ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE WEST SIDE OF CASTLE HAYNE ROAD, 700 FEET NORTH OF ROCK HILL ROAD (S-373,..4/95) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must step forward to be sworn in by the Clerk to the Board, Lucie F. Harrell. o The following persons were sworn in: . Dexter Hayes, Planning Director 'Major Grady .' ""'Ill 1,.',1 . r "I ~ MINUTES OF REGULAR MEETING, APRIL 3, 1995 PAGE 617 Planning Director, Dexter Hayes, reported Mr. Major Grady had requested approval of a Special Use Permit to locate a single-wide mobile home on 1.68 acres of land on the west side of Castle Hayne Road, 700 feet north of Rock Hill Road. The following. preliminary Staff findings were presented: e 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The site has direct access to U. S. Highway 117 via a private easement. B. The site is located in the Wrightsboro Volunteer Fire Department District. C. The mobile home will be served by an individual well and septic tank. A permit for each has been issued by the New Hanover County Health Department. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Mobile homes are permitted by Special Use Permit conferment in the R-20 Residential 'District. The site is zoned R-20. B. The lot complies with the minimum lot size of the R-20 District, and the minimum yard setbacks can be met. C. Adequate area is available to meet off-street parking requirements. e 3,. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. A mixture of housing styles is located in the area, including mobile homes. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Mobile homes are located throughout the general area. Two mobile homes are located on adjoining property, and each mobile home was issued a Special Use Permit. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Major Grady, the petitioner, requested approval of the Special Use Permit to locate a mobile home on the site owned by his mother to provide a place for him to live so he can pay child support" payments. e Chairman Greer asked Mr. Grady if he agreed with the preliminary findings as presented by the Planning Director. Mr. Grady concurred with the findings as presented by the Planning Director. There being no further comments, ~hairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathew$ to grant a Special Use Permit to Major Grady for location of a single-wide mobile home on 1.68 acres of property on the west side of Castle Hayne Road, 700 feet north of Rock Hill Road based upon the evidence presented and the findings concluding that the ..... ~~NUTES. OF REGULAR MEETING, APRI):. 3,.. 1995 , P~c?J;l,~~!l use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning 9r~inance; the use will not substantially injure the value of adjoin!ng or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with th~ area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 11. PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID ARNOLD POTTER FOR ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF OAKLEY ROAD WEST OF CASTLE 'HAYNE ROAD (S-374, 4/95) Chairman Greer opened the Pub~ic Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must step forward to be sworn in by the Clerk to the Board, Lucie F. Harrell. The following persons were sworn in: . i Dexter Hayes, Planning Director David Arnold Potter Edith Reason Cynthia Avery Doug Avery Nancy Darwin Keith Darwin Barney McDonough L. W. Benton " '. Planning Director requested approval of a mobile "home on the north Road. Hayes reported Mr. David Potter had Special Use Permit for the location of a side of Oakley Road west of Castle Hayne o 'l~~ ~ - ~ . " , Chairman Greer inquired as to whether there was a limit 'on the number of times an applicant could apply for a Special Use Permit? ..lI'j Planning Director Hayes responded there was no specific'time frame or limit on the number of petitions that can be submitted by an applicant for a Special Use Permit" Chairman Greer inquired as to whether some type' of limit should be placed on Special Use Permits? Planning Director Hayes responded this could be addressed in the Zoning Ordinance. Chairman Greer requested the PI~nning matter and report back to the Board. . . Staff to check into this .- The following preliminary Planning Director: findings were presented by the ~ .~. .. . 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and deve.loped according to the plan as submitted and approved based' ~'pon the following findings: o A. B. The site has direct access to Oakley Road. . The site is located in the Wrightsboro' Volunteer' Fire Department, D!strict. "" .'" '", .... _.: , The mobile home will be served by an 1nd1v1dual well and . . ./''' . : ~,. ~ .~, + . ~.e~~:c ta~k. , . '..' .... _ .., 'c~,j~ . . ~.. ~ ~ ._ 1<. .1.~ ,...-~; {.- 2. The Board must find that the use meets all required cohditio~s e e e I;"t-: ~ f~ "'I "-!"'. .... tF< '. " i; : r;. MINUTES,' OF REGULAR MEETING, APRIL 3, 1995 PAGE 619 and specifications of the Zoning Ordinance based upon the following findings: A. Mobile homes are permitted by Special conferment in the R~20 Residential District. zoned R-20. The lot complies with the minimum lot size of the R-20 District, and the minimum yard setbacks can be met. Adequate area is available to meet off-street parking requirements. Use Permit The site is B. C. 3. The Board must find that the use will not substa~tially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. A mixture of housing styles is located in the area, including mobile homes. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: \ A. Mobile homes are located throughout the general area, as well as double-wides on permanent foundations and site built homes. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. David Arnold Potter, representing the owner, Peggy Porter, reported there are currently 34 mobile homes in the community. He stated the people living in these mobile homes were, the people who created the neighborhood. Now, it appears that some peopl.e in the community feel the homes of these people are not acceptable. He explained that the owners of the adjacent lots were not opposed to location of the mobile home on the proposed site. He commented on the four general requirements and reported as presented by the Planning Director, the requirements had been met. He reported a privacy fence would be constructed in the back of the lot between his proPerty and the County property. The Commissioners were requested to grant the Special Use Permit to allow him to place a mobile home on the site and allow his mother to live in the home, which is next door to her mother and father. Mr. Barney McDonough reported on 1 i ving next door to Mr. Potter as a tenant of Charles DeLuca and stated he felt Mr. Potter should have the right to use the site for a mobile home. He commented on the improvements made to the lot by Mr. Potter, and stated, in his opinion, the appearance of the neighborhood has,been greatly improved. Also, Mr. L. W. Benton, another neighbor, has no problem with placement of a mobile home on the proposed site. Ms. Edith Reason, a resident of 2323 Oakley Road, reported on purchasing a home ~ few years ago and expressed concern for the devaluation of her property if Special Use Permits are continually granted to allow more mobile homes to be placed on Oakley Road. She stated no one in the community is against mobile homes, but people with regular homes do not want to see more mobile homes come into the community. The Commissioners were requested to deny the request. Ms. Cynthia Avery, a homeowner on Oakley Road, reported on the many improvements to her home and expressed concern for the placement of single-wide mobile homes in the area. She commented on' the need to construct more substantial homes in order to increase property values and requested the Commissioners to deny the request. ..... M,!NUTElS, OF REGULAR MEETING, APRIl- 3., 19~5 PA~~,,!i~ 0 Mr. Keith Darwin, a homeowner on Oakley Road, reported on the amount of money and time given to clean up and maintain his property. He requested the Commissioners to consider the"value of properties in the entire neighborhood and deny the request. There being no further comments, Chairman Greer closed the Public Hearing. Motion: for the west of commissioner Barone MOVED to grant a Special Use.Permit location of a mobile home on the north side of Oakley Road Castle Hayne Road. The floor was opened for discussion. o commissioner Sisson SECONDED THE MOTION contingent up;;n the applicant constructing a six foot vegetative buffer between the easement access and the northwest corner of the garage building along the front of the property, and a vegetative buffer on the back of the property as required in section 67 of the zoning Ordinance based upon the evidence presented and findings concluding that _ the use will not materially endanger the public health or safety if located where propos!=d and developed according to the plan as submitted and approved; the use meets all required conditions and , specifications of the zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews o Voting Nay: Chairman Greer A copy of the Special Use Permit is nereby incorporated as a part of the minutes and is contained in SUP Book II, Page 11. ADDITIONAL ITEMS - COUNTY MANAGER Reminder of Dedication Ceremony for the New Animal Control Facility County Manager O'Neal remind~d the Commissioners of the Dedication Ceremony to be held on Wednesday, April 5, 1995, at 8:00 A.M. Reminder of Joint Consolidation Meeting of the Wilmington City Council County Manager O'Neal reminded the Commissioners of the next joint Consolidation meeting with the Wilmington city Council on Monday, April 10, 1995, at 8:00 A.M. in the Madeline suite on the UNC-W Campus. Discussion of Touring Schools County Manager O'Neal reported a letter had been written to Dr. Martin as requested by the Board tp ~eet with the commissioners and County Staff to tour some of the maintenance projects that have been completed by the schools. He requested direction from the Board as to a date that would be convenient. o Consensus: After discussion of the numerous meetings, it was the consensus of the Board to allow the Budget Director, Cam Griffin, Internal Auditor, Barbara McClure; Chief Project Engineer, George Shaw; and Director of Property Management, Winfred Simpson, to tour the facilities and prepare a report for the Board of County Commissioners. e e e "" ,1"'-;:'. '.. ;; ""'ll hl;:~~'~' - t.;~~ ' ~.; MINUTES OF REGULAR MEETING, A,PRIL '3",,'.,1995 ""...;:- 'f, PAGE 621 status Report on the Financial Problems at the Southeastern Center Commissioner sisson reported the Executive Committee of the Southeastern Center Board met and decided to follow through with the recommendations presented by Dr. Costantini to address the financial problems. He reported as new issues develop, he will keep the Board informed. New Hanover county Community Action, Inc. Chairman Greer commented on a letter received from New Hanover County Community Action, Inc. and reported he would like to be better informed before discussing this issue. It was agreed to postpone any discussion of this item. ADJOURNMENT Chairman Greer adjourned the meeting at 11:15 P.M. Respectfully submitted, ~d~~ Luc~e F. Harrell Clerk to the Board ~