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1992-09-08 Regular Meeting -........ M'IcNUTES OF REGULAR MEETtNG, SEPTEMBER 8,1992 PAGE 122 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 8, 1992, 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 Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Harold McSwain, Pastor of st. Mathews Lutheran Church, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. WITHDRAWAL OF EXECUTIVE SESSION AND POSTPONEMENT OF ITEM #15, PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR MARINA REGULATIONS Chairman Mathews stated the Executive Session as listed on the agenda has been removed. Also, the Board of Commissioners, by consensus, has decided to remove Item #15 until hearing a presentation of the Land Use Plan Update scheduled to be presented within the next 30 days. The updated plan will address many boating facility regulations. . NON-AGENDA ITEMS Chairman Mathews asked if 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. Discussion of Drug Forfeiture Property in Bull Tail, N. C. - Pender County Mr. Dan Stall, representing the New Hanover County Firemen's Association, commented on land in Bull Tail confiscated during a drug raid and inquired as to whether the Commissioners have authorized the Sheriff to sell the property. He requested deeding the land to the Firemen's Association in order to construct a training facility for fire and rescue efforts. Carolina Emergency Services Training Academy is in the process of receiving grant funds to construct this type of facility on the property in question, and it is felt that all fire and rescue units in Pender and New Hanover County will greatly benefit from this training school. . County Manager O'Neal stated the Sheriff has been in the process of disposing the property; however, due to federal regulations the property cannot be disposed of before October 23, 1992. The Sheriff is scheduled to make a presentation and recommendation for disposal of the property at the regular meeting of September 21, 1992. Commissioner Barfield, the County's representative on the Board of Fire Commissioners, stated all volunteer firemen are supportive of this effort in order to ensure proper training of volunteer firemen and members of rescue squads. A facility of this type would be beneficial in building a strong relationship with Pender County volunteer fire departments and rescue squads. Discussion was held on whether the Firemen's Association has discussed this request with Sheriff McQueen. Commissioner Barfield stated the final decision as to whether the property will be sold j ( , MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 123 or used for the proposed facility will be made by the Board of County Commissioners. Motion: After discussion of concern for possible liability to New Hanover County as experienced with the burnpit at the Airport, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to request the County Manager to discuss utilization of the property for construction of a training facility with the Sheriff and proper Pender County officials and to prepare a recommendation for the best use of this land, including this request, to be presented on September 21, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Sutton stated, for the record, the Board is not opposed to use of the property for the proposed training facility; however, it is imperative that the County is relieved of any liability. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of Consent Agenda Item #10 for discussion in Regular Session when items are presented on the Waste-to-Energy Facility. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt the Consent Agenda with removal of Item #10. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of August 3, 1992, as presented by the Deputy Clerk to the Board and approved the minutes of August 17, 1992, as presented by the Clerk to the Board. Adoption of Resolution Requesting Addition of Raintree Court of Queens Point Subdivision to the State Highway System The Commissioners adopted a resolution requesting the addition of Raintree Court of Queens Point Subdivision to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. coyle to the Domiciliary Home community Nominated by the Administrators of Appointment of Jane L. Advisory Committee as Domiciliary Homes The Commissioners appointed Jane L. Coyle to serve an initial 1-year term on the Domiciliary Home Community Advisory Committee as nominated by the Administrators of Domiciliary Homes. The term is to expire September 8, 1993. Reappointment of John Lewis Moore to the Board of Mechanical Examiners Th~ Commissioners reappointed John Lewis Moore to a two-year term on the Board of Mechanical Examiners. The one-year initial term has expired and he is eligible by statute to serve a two-year term. The term will expire August 31, 1994. Acceptance of 1992-93 Library Services and Construction Act (LSCA) Enrichment Grant - New Hanover County Library The Commissioners accepted the 1992-93 Library Services and Construction Act Enrichment Grant in the amount of $13,311 to be used to purchase library books p.nd reference material for the Myrtle Grove Branch Library. No County matching funds are required. Budget Amendment #93-0030 Reported for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: () o o ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 124 93-0030 Finance Department/DSS/Administration Debit Credit Finance Department Sales of~Fixed Assets $1,400 . DSS - Administration Capital Outlay - Equipment $1,400 Purpose: To budget proceeds from sale of surplus mail equipment. The sale was approved on August 3, 1992, by the Board of County Commissioners. Approval of Contract #93-0114 with the Katie B. Hines senior Center for Use as a Nutrition site The Commissioners approved a contract with the Katie B. Hines Senior Center for use of the Center as a Nutrition site. The contract is for the period of July I, 1992 through June 30, 199a, and provides for payment of $55 per month to the Katie B. Hines Senior Center. The County Manager was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval for Transfer of Surplus Exhibit and Exhibit Case Furniture to State Agencies - Cape Fear Museum The Commissioners approved the transfer of surplus exhibit and exhibit case furniture to the following state agencies as provided by State Statute since the equipment utilizes needed space and can no longer be used by the Museum: . -Fort Fisher state Historic site: four vertical cases, 4' x 4' x 8'; one cabinet case, 5' x 5' X 6'; one cabinet case 4' x 4' x 6'; four platforms, 3' x 3' x 8" and two small slanted case platforms. -Brunswick Town State Historic site: one acrylic and laminate case, 14" x 6'. -Underwater Archaeology unit: one flag case, 8" x 4' x 8'. Approval of Tipping Fee waiver for Trash Collected from "Big Sweep '92 The Commissioner approved waiving tipping fees for trash collected on September 19, 1992, by volunteers for "Big Sweep '92". RECOGNITION OF MIKE WATERS, NEW HANOVER COUNTY PARKS DIRECTOR Chairman Mathews, on behalf of the Board, presented and read a resolution to Mike Waters in recognition of his 12 years of employment with New Hanover County. He wished him well with his new employment and expressed appreciation for his dedicated service to the citizens of New Hanover County as Director of Parks. Also, a picture was presented by staff in appreciation of Mr. Waters years of service. . Chairman Mathews stated Mr. Waters performed an outstanding job as Parks Director and will be missed by all. UPDATE OF NEW HANOVER TRANSPORTATION SERVICES Director of Aging, Annette Crumpton, presented a status report on New Hanover Transportation Services consisting of the Department of Aging, the Health Department, the Department of Social Services, and the Girls Club. The Southeastern Center is no longer a part of the Transportation System which has reduced transportation mileage by 5,000 miles per month. At the time of withdrawal, two vehicles were to be recouped,by the Southeastern Center; however, the. system was allowed to use these vehicles until two State allocated vehicles are received, which should be within the next 45-60 days. j MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE l?S Once these vehicles are received, the two vehicles will be returned to the Southeastern Center. Although the Southeastern Center has withdrawn from the system, the following accomplishments and goals have been achieved: ACCOMPLISHMENTS FOR FY 1991-92 -Total funding available for Elderly and Disabled Transportation Services at the beginning of the fiscal year was $62,908, which included $29,696 of current year transportation assistance funding and $33,212 in carryover funds from previous years. -Received a grant of $4,281 for a Medicaid Transportation Assistance Program which provides services to Medicaid- eligible, pregnant women and children. -: -Developed a daily nutrition route into the Ogden community. -Developed scheduled shopping trips on Saturdays for disabled clients. -Expended transportation services to the disabled population due to receiving funds from the N. C. Department of Transportation. -Developed cost effective trips which serve more clients with no increase in overall costs. The system provided 53,944 trips to clients at an average of $3.31 per trip. Compared to other systems throughout the state this is one of the lowest rates in the state. -Some Medicaid Transportation Assistance Program clients were transported by the Wilmington Transit Authority and Coastal Yellow Cabs to nutrition sites, places of employment, schools, shopping trips, social/recreation, and multi-purpose trips. GOALS FOR FY 1992-93 -continue efforts to provide cost effective and efficient services to area residents. Funding for elderly and disabled transportation services has decreased $30,328 with funding for Medicaid Transportation Services at $4,967. The N. C. Department of Transportation no longer allows carryover of funds. -Conduct an update of the New Hanover County Transportation Development Plan. The Council of Governments will perform Phase I of the Development Plan. -Study the feasibility of a regional transportation system to include Pender, Brunswick and Columbus counties. -Coordinate transportation routes with public or other established transportation systems. I I , I i I I I I I l A status report was presented on recent budget cuts implemented in the Department of Aging. After review of transportation expenditures at the end of June and July, the Department of Aging was running approximately $2,100 over the amount budgeted per month; therefore, in order to bring the department in line with the adopted FY 1992-93 Budget the following cuts have been implemented: (1) cut nutrition transportation provided to the Senior Center on Wednesdays with continuation of this service on Monday, Tuesday, Thursday, and Friday; and (2) cut back on shopping and medical transportation. In 'reviewing expenditures after implementation of the cuts, it appears that the Department of Transportation will be back within budget constraints () o o ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 126 and able to operate on the appropriated funds for FY 1992-93. It is also important to note that 50 new clients are on a waiting list for transportation services and if funds should become available, staff would gradually provide services to these clients. The budget decisions were very diff icul t to make; however, budget constraints can be met with the implemented cuts. . Chairman Mathews asked if anyone from the general public would like to comment. Mr. Wallace Hendry, a volunteer with the Meals on Wheels Program, commented on the decision to stop driving elderly citizens to lunch on Wednesdays and expressed concern for this determination. He requested the Commissioners to reconsider this budget cut and balance the budget in another manner. Emphasis was placed on the need to provide nutrition transportation five days a week. Chairman Mathews read a letter from Ms. Louise Siler to the Editor of the Wilmington Star-News commenting on the reasons for the transportation cuts and emphasized the importance of knowing the facts and reasons for the budget cuts before criticizing the decisions made by the Department of Aging Staff. commissioner Retchin questioned why State transportation funding was cut in half and suggested that the Board requests the local legislators to restore this funding in order to continue to provide nutrition transportation as in the past. . Director Crumpton stated the funding was not cut in half; however, the $62,000 was a total of money available because the Department of Aging was able to rollover funds from the two previous years. Annually the New Hanover County Transportation System receives DOT state funds in the amount of $30,000. The first year $27,000 was received with $29,000 received last year. The $62,000 of state funds allocated were expended except for $1,300 during FY 1991-92, and the department was able to rollover .$1,300; therefore, the $30,328 plus the $1,300 will be the total funds provided for the elderly and disabled. The Department of Aging receives one-half of the $62,000 with the remaining portion allocated to the disabled population. commissioner Barfield inquired as to the amount of funds necessary to continue to provide the same nutrition transportation service for the current year? Director Crumpton stated an additional $15,000 will be needed. Commissioner Barfield emphasized the importance of providing transportation to the seniors and recommended finding the necessary County funds to continue the nutrition transportation service. County Manager O'Neal recommended allowing staff to work with the Director of Aging in analyzing the funds and bring back a recommendation to the Board in October. . Commissioner Sutton commented on the Volunteer Program and emphasized the importance of utilizing the services of volunteers before seeking additional funds. Mr. Hendry commented on the liability incurred by volunteers if they provide transportation to seniors and stated most citizens are not willing to assume this risk. Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to continue the nutrition transportation on Wednesdays for 60 days and request the County Manager to prepare a recommendation for funding this program for the remaining portion of the year to be presented to the ~ / ( I MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 127 commissioners in October. UNANIMOUSLY. Upon vote, the MOTION CARRIED Motion: After discussion of the need for a bus stop in front of the Senior Center, Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to request the Chairman to write a letter to the appropriate City officials urging placement of a bus stop in front of the Senior Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. () AMENDMENT TO NEW HANOVER COUNTY NOISE ORDINANCE Assistant County Attorney Kemp Burpeau recommended amending the existing Noise Ordinance as follows: (1) application of the reasonable person test to all zoning districts; (2) remove time of day limitations; (3) add language to cover vibration problems; and (4) require violations to be misdemeanors. Chairman Mathews asked if anyone from the general public would like to comment on the proposed amendment to the existing Noise Ordinance. The following remarks were received: Captain Joel Smith, of the Sheriff's Department, commented on the present Noise Ordinance and stated the proposed revisions will enable law enforcement officials to better control noise problems. He requested the Commissioners to adopt the amendment as proposed. commissioner Sutton asked if the ordinance restricts the sale of musical equipment? /' Assistant County Attorney Burpeau stated the ordinance does not restrict the sale of musical equipment. Motion: After further discussion, commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adopt the amendment to the County Noise Ordinance as proposed. Upon vote, the MOTION CARRIED UNANIMOUSLY. (:) A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. The ordinance will be codified into the New Hanover County Code. ADOPTION OF DANGEROUS DOG ORDINANCE Assistant County Attorney Kemp Burpeau presented the proposed Dangerous Dog Ordinance to streamline time-consuming appeals before Superior Court by using a review of the record instead of a new hearing with presentation of evidence and witnesses. He also presented and recommended approval of the following procedural rules for the Animal Control Board administrative appeal hearings to help satisfy due process concerns: -Conduct of Hearings: A quorum consisting of a majority of the Board shall be necessary to hold a hearing. -Notice of Hearing: A Notice of Hearing will be timely mailed to the appealing party showing, among other things, the time, date, and location of the hearing and the issue(s) pefore the Board. () -Attendance at the Hearing: The claimant and any necessary witnesses are to attend the hearing. The Board's decision will be based on evidence presented at the hearing. The appeal will be dismissed if the person who filed the appeal fails to timely attend the hearing and present evidence in support of the appeal. -A Party has These Rights at the Hearing:' (1) to testify'in behalf of his/her own position; (2) to have his/her own material witnesses testify; (3) to pose questions to opposing ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 128 parties and witnesses; (4) to explain or rebut evidence; (5) to be represented by a lawyer; and (6) to present arguments, the discussion of which may be limited in the reasonable discretion of the Board. . -Evidence: The decision of the Board shall be based on competent and relevant evidence. Hearsay evidence not otherwise corroborated by permissible evidence will not be admitted. Affidavits and other statements not affording cross examination are not admissible. All witnesses shall testify under oath, but attorneys at law may present arguments and motions unsworn. The Board may place reasonable time limits on direct and cross examination. While the North Carolina Rules of civil Procedure may be employed at the Board's election, the Board shall not be strictly limited to consideration of such evidence as would be admissible in a court of law. -written Decision: Whenever the Board makes a "potentially dangerous dog" or "dangerous dog" determination, a written decision shall be provided the owner setting forth the findings of fact upon which the decision is based. Discussion was held on the determination by the Animal Control Director for declaring a dog "dangerous". Further discussion was held on the difference between a provoked and unprovoked bite and the composure of the appellant board. County Attorney Copley stated the appellant board consists of a veterinarian, a member of the Animal Control Advisory Board, and the Director of the Humane Society. . Motion: After further discussion of the appellant board and changing verbiage pertaining to severe injuries under Item #5 in the proposed ordinance, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt the Dangerous Dog Ordinance as presented with no changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on the perception of the appellant board by the community, particularly when all members of the board are involved in animal control. Vice-Chairman Greer requested the Animal Control Director to consider appointing a more diverse group of persons to serve on the appellant board. Animal Control Director, Ron Currie, stated he would be glad to present this recommendation to the Animal Control Advisory Board. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. The ordinance will be codified into the New Hanover County Code. :. ADOPTION OF AMENDMENT TO ARTICLE IX, MONTHLY 911 CHARGE, BY ADDING SECTION 6-170 TO THE 911 ORDINANCE County Attorney Copley commented on the need to clarify the New Hanover County 911 Ordinance and recommended approval of an amendment that will designate New Hanover County as the sole provider of all 911 service anywhere within New Hanover County, including municipalities and other political entities. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt the amendment to the 911 County Ordinance as presented. . Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. j /- I MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 129 The ordinance will be codified into the New Hanover County Code. ADOPTION OF AMENDMENT TO CHAPTER 6, ARTICLE II, "AMBULANCE SERVICE" OF THE NEW HANOVER COUNTY CODE Director of Emergency Medical Services, Larry Ray, presented and requested adoption of an amendment to Chapter 6, Article II, "Ambulance Service" of the New Hanover Code in order to bring the ordinance to a level consistent with current liability insurance requirements. () Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the proposed amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. The ordinance will be codified into the New Hanover County Code. APPROVAL OF CONTRACT #92-0373 WITH THE INTERTECH GROUP - WASTE-TO- ENERGY FACILITY Director of Environmental Management, Ray Church, reported that the Waste-to-Energy Facility Commission voted to recommend extending the Intertech Group (Peter Pattinson, President) contract not to exceed $15,000 for the provision of future services. The WTE Commission and staff are pleased with Mr. Pattinson's technical expertise services rendered to staff as well as his representation of the County's position with Stanton Peters & Associates. Staff feels this contract is critical for continuing to identify problems at the Waste-to-Energy Facility. commissioner Barfield inquired as to whether the cost of hiring Mr. Pattinson to uncover mistakes and errors will be charged back to Stanton Peters & Associates? Concern was expressed for the cost incurred by the County due to errors by the consulting engineer, and Commissioner Barfield recommended some form of reimbursement to the County. () commissioner Sutton commented on the many talents of Mr. Pattinson in finding these errors and addressing the maintenance problems and recommended asking Mr. Pattinson to see if the County can be reimbursed for consulting errors. He urged the Board to approve the extension of the contract with Intertech. Discussion was held on the Waste-to-Energy Facility operating at full capacity. Director Church stated in order for the WTE Facility to operate at full capacity current maintenance problems must be resolved. This process will take time, and the expertise of Mr. Pattinson is needed to achieve this goal. Commissioner Retchin inquired as to whether a maintenance plan has been developed? Director Church stated there is preventative maintenance data in place; however, in order to proceed with the plan, persons must be trained and additional personnel must be hired. He, again, emphasized the problems experienced due to the work performed by Stanton Peters & Associates and stated a great deal of grief has been experienced by the employees and staff at the Waste-to-Energy Facility. ("\ ~/ commissioner Barfield expressed concern for the lack of maintenance training provided by the consultant to employees and reminded the Board of his concerns at that time. He recommended suing the consulting firm. Motion: After further discussion, Vice-Chairman Greer MOVED', SECONDED by Chairman Mathews to approve extending the contract with ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 130 Intertech in an amount not to exceed $15,000. MOTION CARRIED UNANIMOUSLY. Upon vote, the A copy of the contract is on file in the Legal Department. . APPROVAL OF TWO ADDITIONAL MAINTENANCE MECHANIC POSITIONS AT THE WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, reported that the Waste-to-Energy Facility Commission voted to hire two permanent Maintenance Mechanics to help reduce current overtime costs and bring the facility up to proper working order. The costs for two positions should be offset by the reduction in overtime pay without an increase in the budget. The Maintenance Mechanic position has a pay grade of 55 with a salary range of $21,780 to $30,492. After review, the County Manager and staff recommend adding the two new positions. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve the two additional maintenance mechanic positions. Upon vote, the MOTION CARRIED UNANIMOUSLY. . DISCUSSION OF CONSENT AGENDA ITEM #10, CONTRACT WITH IMAGINATIONS FOR CONTINUANCE OF ENVIROSMART ADVERTISING Vice-Chairman Greer expressed concern for the cost involved with this advertising program and stated he is not in favor of continuing the contract, particularly when most of the funds are used for print production and graphic costs. Director Church stated the City and County pay 'for production of advertisements that are on the air, but do not pay for the air time, which is the most expensive portion of the program. The advertisements placed in the Sunday Star-News are quite costly; therefore, the Commissioners may wish to request the Star-News to reduce the rate on recycling and environmental ads. commissioner Retchin agreed with Vice-Chairman Greer and stated he feels a tremendous amount of money is being spent for this program, particularly when most citizens are very much aware of the need to recycle and are willing do so. He requested a report reflecting the breakdown of the total cost of the entire program for the past two years and stated he could approve continuing the contract until this information is presented. County Manager O'Neal commented on commitments from industry, the private sector, and local governments, and stated this is an appropriate way to create an awareness of recycling and new environmental issues. Also, with development of the Solid Waste Plan as required by the State, the County must advertise recycling and other solid waste acti vi ties; therefore, this vehicle is already in place and it would be beneficial to continue the contract. Consensus: After further discussion, it was the consensus of the Board to direct staff to present figures on the total cost of the EnviroSMART advertising campaign to be presented at the first or second meeting in October. ;. BREAK Chairman Mathews recessed the meeting to hold a break from 8:15 P.M. until 8:30 P.M. DISCUSSION ON POSTPONEMENT OF REGULAR AGENDA ITEM #15, A PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR MARINA REGULATIONS (A-239, 7/92) Chairman Mathews commented on the postponement of Item #15 and asked if anyone from the general public would like to comment since some persons were not present at the beginning of the meetiDg when this item was postponed. The following remarks were received: j ~~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 1:31 Mr. Conrad Lowman expressed concern for not being aware that Item #15 had been postponed and requested placing a moratorium on all CAMA permits that would fall under section 23-62, Community Boating Facility, in the New Hanover County Zoning Ordinance. commissioner Retchin commented on a moratorium being a drastic measure and asked Mr. Lowman the reason for requesting this type of action? Mr. Lowman commented on attending Planning Commission meetings and urging adoption of the proposed Text Amendment, which was approved by a 3-2 vote, and stated the marina regulations should be adopted to avoid placement of boating facilities in residential neighborhoods. () commissioner Sutton recommended hearing comments from the persons present, but stated it would be unfair to act upon the proposed Text Amendment until the Land Use Plan Update has been presented, which will also address this issue. Emphasis was placed on the fact that both the City and County Planning Boards have worked on the Land Use Plan Update for the past year; therefore, this presentation should be heard first. Dr. Robert Brown, a resident of Middle Sound, inquired as to why this item was placed on the agenda if the Land Use Plan Update should have been heard first? He also questioned why there is concern for this item when the proposed Text Amendment was approved by the Planning Commission, who was very much aware of the Land Use Plan Update and any impact on that plan? Ms. Judy smith, a resident of Middle Sound, expressed concern for the Board waiting until tonight to postpone this item and stated the persons present should be allowed to speak. () Mr. Robert F. Ochs, requested the Planning Director to explain the connection between the proposed Text Amendment and the Land Use Plan Update, which in his opinion, are not the same documents. Consensus: After further discussion, it was the consensus of the Board to allow persons present to comment on Item #15 as scheduled on the agenda and proceed with Item #14. PUBLIC HEARING TO CONSIDER REZONING 1.7 ACRES ON THE NORTH SIDE OF OLEANDER DRIVE TO OI, OFFICE AND INSTITUTION FROM B-2 BUSINESS (TABLED - Z-451, 6/92) Chairman Mathews opened the Public Hearing. Planning Director Hayes stated the Planning Commission voted unanimously to approve the rezoning since this action will reduce the inventory of open-ended retail zoning along Oleander Drive. The site is currently occupied by Britthaven Nursing Home and the entire complex is located on the 0-1 portion of the property. Based on the site's current usage, the Planning Commission and Planning Staff recommend approval of the rezoning request. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning request. (", \ r , /' No comments were received. Chairman Mathews closed the Public Hearing. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to approve rezoning 1.7 acres on the North Side of Oleander Drive to 01, Office and Institution, from B-2 Business as recommended by the Planning Commission. Upon vote, the 'MOTION CARRIED UNANIMOUSLY. '- . . ". ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 132 A copy of an "ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 9B, PageJ2. DISCUSSION OF AGENDA ITEM #15, A PUBLIC HEARING TO CONSIDER REQUIRING A SPECIAL USE PERMIT FOR COMMUNITY BOATING FACILITIES AND TO ESTABLISH A SEPARATE BOATING CATEGORY, "PRIVATE RESIDENTIAL BOATING FACILITY" (A-239, 7/92) Chairman Mathews asked if anyone present would like to comment on the proposed Text Amendment. The following remarks were received: Mr. Conrad Lowman, President of the Northeast New Hanover Conservancy, requested approval of the proposed Zoning Text Amendment requiring a Special Use Permit for boat ramps and docking facilities for five or more lots. The Planning commission approved the Text Amendment by a 3-2 vote in August with the two no votes requesting more stringent restrictions. All waterfront neighborhoods and communities throughout the County face continued pressure from developers who desire to gain water access for inland development. Concern was expressed for encroachment on existing residential waterfront communities due to landlocked developments needing water access for profits. There are many public and private marinas, boat ramps, and docks for people to use. If more water access facilities are needed, it should be the responsibility of New Hanover County to provide boating facilities in the most appropriate locations with the least environmental impact on the County's estuarine waters. For the past six months, members of the Northeast New Hanover Conservancy have observed the manner in which CAMA permits are issued. State regulations are written in a manner which allows for a broad interruption and provides no room for common sense. CAMA officials in Raleigh have stated it is not feasible to have a boat ramp whereby boaters would back off of a state road for 300 feet on a driveway constructed of two 3-foot concrete strips; however, a CAMA permit has been granted for placement of boat ramp under these conditions. Also, a local CAMA agent wanted to approve a boat ramp for 1,200 homes as a general permit which does not require a review process. Based upon these examples, the Northeast New Hanover Conservancy feels that CAMA does not have the ability to judge the impact of boating facilities on residential neighborhoods. In conclusion, the Commissioners are requested to support the special use permit process for the following reasons: (1) the proposed Text Amendment would comply to the existing zoning ordinance and the proposed Land Use Plan; and (2) New Hanover County will have the ability to better control pollution and the environmental impacts to the County's coastal waters. As elected officials, the Commissioners have an opportunity to begin closing the door on problems that will be facing New Hanover County before the State allows every creek and waterway to be destroyed by having an open door policy to coastal development. Also, a survey conducted by the Planning Department indicates that the citizens of New Hanover County hold water quality and the protection of the County's natural resources as their main concern. Commissioner Sutton commented on 16 different persons presenting the same remarks before the joint City and County Planning Boards when holding public meetings for preparation of the Land Use Plan Update and emphasized the importance of hearing the presentation of the Land Use Plan Update before taking action on the proposed Text Amendment. Dr. Brown expressed concern for the amount of time that will be required for adoption of the Land Use Plan Update and recommended adopting the proposed Zoning -Text Amendment as an interim regulation until the Land Use Plan Update is considered. Ms. Wanda Canada, a resident of Porters Neck, recommended j ".---- I ( I l MINUTE,S OF REGULAR MEETING, SEPTEMBER 8, 1~}'9,2 PAGE ;1-3,3 considering a moratorium on the proposed dock and boat ramp in the Porters Neck neighborhood until the Land Use Plan Update is adopted. commissioner Retchin stated any action taken tonight would not impact on the CAMA or County building permits that have already been issued for placement of a boat ramp in Porters Neck. Planning Director Hayes stated the CAMA permit and County Building permit have been issued; however, the CAMA permit is under appeal which will defer action on the project until this issue is resolved. o Ms. Canada requested some form of assistance from the County in delaying the placement of a boating ramp in Porters Neck which will allow 1,200 households to use the road and generate heavy traffic through a residential neighborhood. County Attorney Copley stated since the County building permit has been issued there is an argument that the person who received the permit has vested rights. Mr. Lowman stated the issue is not Porters Neck, but protection for other waterfront residential communities who could incur the same problem. Vice-Chairman Greer expressed concern for the legal ramifications of hearing or adopting the proposed Text Amendment when the Chairman'announced this item had been postponed at the beginning of the meeting. He recommended abiding by the consensus vote and postponing the hearing until presentation of the Land Use Plan Update. n \, ) Chairman Mathews expressed appreciation to the general public for comments presented and stated this item will be heard after presentation of the Land Use Plan Update. No action was taken. PUBLIC HEARING TO CONSIDER,REZONING 12.12 ACRES AT THE NORTHWEST CORNER OF MILITARY CUT-OFF ROAD AND EASTWOOD ROAD TO R-10 RESIDENTIAL FROM PD PLANNED DEVELOPMENT DISTRICT (Z-456, 8/92) Chairman Mathews opened the Public Hearing. At the Planning commission meeting, the applicant, Dallas Harris expressed concern for setback restrictions of the PO District severely restricting the location of residential units along the frontage of Eastwood Road. The proposed rezoning of the site to R-10 would ease these restrictions without increasing,the si te' s density. The Planning commission voted unanimously to recommend approval of the R-10 District since the proposed zoning would have little impact on the site's existing land uses because the applicant will have to submit a new preliminary plan for the entire tract under high density criteria to certify the entire unit count for the site. The proposed rezoning will not impact existing open space needs, residential and non-residential use'ratios, and density levels of the remaining Landfall PO District. ~, \ j "- ./ Chairman Mathews asked if the petitioner or anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning. No comments were received. Chairman Mathews closed the Public Hearing. Motion: Commissioner Retchin MOVED, SECONDED by Commis's'ioner Barfield to approve rezoning 12.12 acres at the northwest corner of Military Cut-Off Road and Eastwood Road to R-10 Residential from a . . . ~ ~~NUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 134 Planned Development District as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 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 33. PUBLIC HEARING TO CONSIDER REZONING .75 OF AN ACRE ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE 400 FEET WEST OF OLEANDER DRIVE TO CD(R-10), CONDITIONAL USE FOR TWO DUPLEXES FROM R-15 RESIDENTIAL (Z-457, 8/92) Chairman Mathews opened the Public Hearing and stated a conditional use requires granting a special use permit; therefore, persons wishing to comment must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Donald Eugene Lefler Dale Cardwell Jerry Cooper Mike Carter Planning Director Hayes stated the site plan consists of two duplexes composed of four units. The Planning Commission's discussion focused mainly on access requirement~, an4 felt with surrounding density and the diverse housing in the area, the rezoning would comply to land use policies for R-10 zoning. Discussion was held on buffering with the conclusion that the buffering as submitted in the site plan was satisfactory. The Planning Commission voted unanimously to approve the rezoning request for the Conditional Use and the associated Special Use Permit. The Planning Staff recommends approval with the caveat that rezoning in this instance is more an exception than the rule. Ordinarily, a similar site locating among predominantly single- family detached structures would not be rezoned; however, in this case the rezoning would not seriously erode established land use patterns in the general ,area. Emphasis was placed on random rezoning of small properties which could seriously undermine established zoning patterns. The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: -The site will be served by County sewer and community water. -The site is located within the Seagate Volunteer Fire Department District. -The site has direct access to Wrightsville Avenue. General Requirement #2: The proposed use meets all requirements and conditions of the Zoning Ordinance based upon the following findings: -Duplexes are permitted in the R-10 Residential District. -An application with accompanying site plan has been submitted pursuant to Section 59.7-3(2) of the Zoning Ordinance. -Setbacks prescribed for the R-10, Residential District are met. ~ / ( MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE .135 General Requirement #3: The proposed use will not injure the value of adjoining property based upon the following findings: -The site is located adjacent to an existing higher density development and is in close proximity to other attached dwelling unit projects. -The site has direct frontage along Wrightsville Avenue, a heavily traveled collector road providing access between the City and Wrightsville Beach. iC) General Requirement #4: The location and character of the proposed use, if developed according to the plan as submitted and approved will be in harmony with the area in which it is to located and in general conformity with the plan of development based upon the following findings: -There is a diverse mixture of housing styles in the general area ranging from upper income single family units in new subdivisions to more moderately priced attached dwelling units. Chairman Mathews asked the petitioner if he agreed with the findings as presented by the Planning Director. Mr. Don Eugene Lefler, representing the petitioner, concurred with the findings as presented. He commented on the general area around the property being in a state of transition and stated the proposed project would be consistent with the surrounding density levels. Chairman Mathews asked if anyone from the general public would like to speak in opposition to the proposed rezoning. The following comments were received: o Mr. Jerry Cooper, President of the Parsley Woods Homeowners Association, expressed concern for establishment of multi-dwellings on the proposed property. Concern was also expressed for no buffer requirements, possible drainage problems that will be incurred with construction of the duplexes, and the possibility of renting the dwellings to college students. Emphasis was placed on the fact that zoning regulations should protect residential neighborhoods and in this case, rezoning the property to R-10 will not protect the surrounding neighborhoods and property owners. The Commissioners were requested to deny the proposed rezoning request. Discussion was held on buffering requirements. Planning Director Hayes stated the proposed use does not require buffering; however, the Commissioners can place a buffering condition on the use if so desired. Mr. Mike Carter, a landscape architect, commented on the conditional use and requested that strict buffering and landscaping requirements be placed on the proposed project if approved. He also expressed concern for development of another Hannover Place, which, in his opinion, would devalue adjoining properties. Mr. Bill Cardwell, a resident of 1315 Bar Harbor Drive, commented on the lot being zoned R-15, and stated transitional use should have been developed before establishment of Hannover Place. He requested some form of buffering if the R-10 zoning is approved. Mr. Donald Lefler expressed concern for the proposed project being called a high density development when R-10 zoning does not allow for high density multi-family development. o After further discussion, the Planning staff was requested to present slides of the site in question. ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 136 After the presentation of slides, Chairman Mathews closed the Public Hearing. Motion: Vice-Chairman Greer commented on the need to protect the surrounding residential neighborhoods, and MOVED, SECONDED by Commissioner Sutton to deny the R-10 rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. . PUBLIC HEARING TO CONSIDER REZONING 1.45 ACRES ON THE WEST SIDE OF U. S. HIGHWAY 17 SOUTH OF BAYSHORE DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-458, 8/92) Chairman Mathews opened the Public Hearing. Planning Director Hayes presented background information on the proposed rezoning and stated the applicant expressed concern for the current zoning greatly restricting further development of the tract. The site is adjacent to a major highway (U. S. 17) and commercial land uses to the south. After discussion of the highest and best use of the property, the Planning Commission voted 3 to 2 to recommend approval of the petition. The Planning Staff recommends denial feeling that repeated intrusions and exposure of these commercial activities along this major highway are clearly contrary to established policies for growth and development and will enhance new petitions and proposals for more property adj acent and across the street. What was originally established as a community center for Ogden will eventually degenerate into an ill-defined and unworkable hodgepodge of commercial activities. . Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning. The following comments were received: Ms. Dena Gertz, the petitioner, requested approval of the B-2 zoning in order to use the property to its highest and best use. Chairman Mathews closed the Public Hearing. Motion: After discussion of the property being undesirable for residential development, Commissioner Barfield MOVED, SECONDED by Commissioner Sutton to approve the B-2 rezoning as recommended by the Planning commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1992," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B~ Page 37. . PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR A CHILD DAY CARE CENTER LOCATED AT THE NORTHWEST CORNER OF AMSTERDAM WAY AND NETHERLANDS DRIVE (S-343, 8/92) Chairman Mathews opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn by the Clerk to the Board. The following persons were sworn in: Ms. Estelle Johnston Mr. Bob Fullerton Planning Director Hayes presented background information on the proposed day care facility and stated after addressing parking requirements, access, and the number of employees, the Planning Commission voted unanimously to recommend granting of the Special j /---- I r I ! MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE, 137 Use Permit for construction of a 4,500 square foot day care facility. Planning Director Hayes presented the following staff findings: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: () -The child day care center will be located in a newly constructed building of approximately 3,750 square feet. This facility will be designed to comply with state guidelines and local requirements. -The site will have direct access to Amsterdam Way, which is located in the Dutch Square Industrial Park. -The site is located within the Ogden Volunteer Fire Department District. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: -Child day care centers and services are permitted by Special Use Permit in the 1-1 Light Industrial District. This site is zoned 1-1. -A total of 30 off-street parking spaces are proposed. One space per employee and four spaces for drive-in and pick-up are minimally needed. Eight full-time employees will be utilized. o -Access to the site is designed so that pick-ups and deliveries can be made without backing into the street. -A large fenced area will be provided along the northwest side of the building. General Requirement #3: The proposed use will not injure the value of adjoining property based upon the following findings: -The site is located in an industrial park, consisting primarily of metal buildings with barricades. These existing businesses are engaged in a variety of wholesale, distribution and commercial service activities. General Requirement #4: The location and character of the proposed 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: -The facility will be located on a 1.15 acre parcel. All parcels of land in the industrial park equal or exceed that size. o -A similar day care operation in the park was established by a Special Use Permit in October, 1989. This center is located at the corner of Old Dairy Road and Windmill Way. Chairman Mathews asked the petitioner if he agreed with the findings as presented. The petitioner, Ms. Estelle Johnston, stated she concurred with the staff findings as presented. Mr. Bob Fullerton, representing Landmark, commented on . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 138 development in the area and the need for additional day care, particularly when the other day care facility in the same area has undergone two expansions. Chairman Mathews asked if anyone from the general public would like to speak in opposition to issuance of the Special Use Permit for location of a child day care center. No comments were received. Chairman Mathews closed the Public Hearing. Motion: After discussion, commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer to grant the Special Use Permit based upon the evidence presented and findings of fact satisfactorily meeting the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 3. Commissioner Retchin commented on the two expansions of the day care center in the same vicinity and requested the County Enforcement Officer, Ann Hines, to check to see if these expansions have occurred according to the Special Use Permit as granted. PUBLIC HEARING TO CONSIDER A REQUEST BY L. SNEEDEN TO CLOSE A PORTION OF WESLEY AVENUE LOCATED SOUTH OF EASTWOOD ROAD IN HILLSDALE SUBDIVISION (SC-57, 9/92) Chairman Mathews opened the Public Hearing. Planning Director Hayes presented background information and reported that Wesley Avenue is located 350 feet southeast of the Charter Drive/Wesley Avenue intersection. The portion of Wesley Avenue to be closed encompasses a length of 150 feet with a 50 foot unimproved right-of-way. Future plans to connect this portion of Wesley Avenue to Cardinal Drive are blocked by an existing lot of record. Due to the limited use of the road stub, the Planning Staff recommends that this portion of Wesley Avenue be closed; however, it is to be understood that if parcel "C" is sold at any time in the future, it will need to be recombined with parcel "D" in order to gain access to Hillsdale Avenue. The County Engineering Department has advised staff that drainage and/or utility easements will not be required. Chairman Mathews asked if anyone from the general public would like to comment on the proposed road closing. The following remarks were received: Mr. Larry Sneeden, representing the applicant, stated Mr. Stitt's (owner of parcels C and D) house is located in the middle of the two parcels with the garage in the back; therefore, he has no problem. with the road closure. Chairman Mathews closed the Public Hearing. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adopt an order closing a portion of Wesley Avenue located south of Eastwood Road in Hillsdale Subdivision as requested by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT j r I i i I MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 139 Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened from Regular Session at 9:45 P.M. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Mathews reconvened to Regular Session at 9:48 P.M. COMMITTEE APPOINTMENTS APPOINTMENT OF JOHN J. MANOCK TO SERVE ON THE HUMAN RELATIONS COMMISSION Chairman Mathews stated the following nominations were presented at the meeting of August 17, 1992, to fill one vacancy on the Human Relations Commission. William A. Caster John J. Manock Scott G. Sherman commissioner Retchin called attention to the letter from the New Hanover County Human Relations Commission endorsing John J. Manock for the position. Motion: After discussion, commissioner Retchin MOVED, SECONDED by Commissioner Barfield to appoint John J. Manock to serve on the Human Relations Commission. The term is to expire December 31, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. () NOMINATIONS FOR FILLING THE UNEXPIRED TERM ON THE PLANNING COMMISSION Chairman Mathews reported on the resignation of C. Richard Boisky and stated seven applications have been received to fill the unexpired term. Maps have been presented reflecting the geographical location of the applicants. The floor was opened to receive nominations. commissioner Retchin stated the applicant, William B. Harris, has served on the Planning commission in the past and is located in the area where Mr. Boisky lived; therefore, he would like to nominate Mr. Harris. Chairman Mathews nominated J. Clark Hipp. There being no further nominations, Chairman Mathews declared the nominations closed. The two nominees will be presented as an agenda item for the meeting of September 21, 1992, for appointment to fill the unexpired term. APPROVAL OF AMENDMENT TO NEW HANOVER COUNTY FAIR HOUSING ORDINANCE Ms. Shirley Berry presented an amendment to the New Hanover County Fair Housing Ordinance and requested approval of the proposed changes to comply to H.U.D. regulations. () Motion: Commissioner Barfield MOVED, SECONDED by commissioner Retchin to approve the amendment to the New Hanover County Fair Housing Ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 9. The ordinance will be incorporated into the New Hanover County ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 140 Code. . PRESENTATION OF PROPOSED LAND USE PLAN UPDATE Planning Director Hayes presented a draft of the Land Use Plan Update and stated this item will be placed on the agenda for September 21, 1992, for authorization to submit the draft plan to the N. C. Coastal Resources Commission. Once approved by the State, Public Hearings will be held and the final plan adopted by the Board of County Commissioners and Wilmington City Council. Discussion was held on moving as quickly as possible in scheduling Public Hearings since the Commissioners postponed a decision on marina regulations until the Land Use Plan Update has been discussed. Planning Director Hayes stated the State must review and approve the draft document; however, Public Hearings can be held on the proposed draft plan. If the State should recommend changes, Public Hearings will have to be scheduled again and held before the City and County can adopt the Land Use Plan Update. Further discussion was held on the draft document being a compromise document which can be used as a guide for future development. Planning Director Hayes stated the Public Hearings could be quite controversial since there are concerns by both developers and environmentalists. . Consensus: After discussion of the need for the Commissioners to thoroughly understand the proposed Land Use Plan Update, it was the consensus of the Board to schedule a Work Session with the Chairman of the Planning Commission and New Hanover County Planning Staff on October 14, 1992, at 4:00 P.M. in Room 501 of the County Administration Building, 320 Chestnut street, Wilmington, North Carolina. Commissioner sutton requested the record to reflect that Public Hearings will be scheduled as soon as possible and that the Commissioners have selected the first available date to discuss the proposed Land Use Plan Update. SCHEDULING OF RECEPTION FOR REPRESENTATIVE HARRY PAYNE AND SENATOR BLOCK ON NOVEMBER 16, 1992, AT 5:00 P.M. Discussion was held on scheduling a reception for Representative Harry Payne and Senator Franklin Block in recognition of their years of service and the many contributions to New Hanover County while serving in the N. C. General Assembly. Consensus: After further discussion, it was the consensus of the Board to schedule a reception on November 16, 1992, at 5:00 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. All persons are invited to attend and a press release is to be prepared. . DISCUSSION OF FUNDING RECOMMENDATIONS FOR A CONSOLIDATED CITY/COUNTY PLANNING DEPARTMENT Assistant County Manager Dave Weaver presented the following alternatives for funding a consolidated City/County Planning Department and stated most items have been worked out with the exception of funding: -Alternative One: The costs could be shared between the City and County based on criteria of population and tax base. The expenses of the approved budget would be apportioned between the City and County based on the following formula: city Budqet Contribution = County Budget Contribution Tax Base city Tax Base Unincorporated County j (-- I I I i \ /- I ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 141 + city Population Unincorporated County Population 2 This ratio of .80 indicates that the city budget contribution would be approximately 44.5% and the County's contribution would be 55.5% of the annual budget. This ratio is appropriate for two reasons: () -The ratio of .80 approximates the present ratio of City Planning Department costs and the County Planning Department costs. -The ratio is based on measures of population and property tax base, both of which are measures of the need for planning in a community. -Alternative Two: The following modifications have been suggested by City staff: Year One City Share County Share 44.5% 55.5% Year Two City Share County Share 22% 78% Year Three and all subsequent years the County will fund 100%. As indicated under the City's proposed alternative, the formula in Alternative One would be followed only for the first year with the County eventually paying all of the cost. If the City's alternative was to be followed, it is questionable as to the role, if any, of the City in determining annual work programs if the City would not contribute an amount equal to the cost of the planning effort for the city. () commissioner Barfield inquired as to which entity would be making decisions, the City or County? Assistant County Manager Weaver stated if Alternative One is followed, the City and County will be making equal decisions since each entity will be sharing equal amounts. If the County decided to pay 75-100% of the cost, it would be questionable as to how much authority should be given to the City in the decision making process. Discussion was held on the need for the County to have full control of the Planning Board if the County is going to fund 100% of costs involved. Further discussion was held on the fact that persons living in the city may feel if the County appoints members to a consolidated Planning Board, their concerns would not receive full attention by that Board. Commissioner Retchin recommended establishing a set ratio of residents of the City for appointment to the consolidated Planning Board. If the County is going to pay the bill, the County should be in control of appointing members to the Board. () Further discussion was held on developing a work program for the consolidated Planning Department. Assistant County Manager Weaver commented on the difficulty in developing a work program, especially for the first two years. For example, who is going to pay extra for development of a Master Plan for the City of Wilmington? Would the City be entitled to have this plan performed and paid for out of the City/County budget, or would the City be charged extra for this plan? Emphasis was placed on these type of . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 142 questions being addressed and resolved with implementation of a consolidate Planning Department. Discussion was held on the impact of annexation on a consolidated Planning Board and Planning Department. Commissioner Barfield expressed concern for the citizens contacting the Board of County Commissioners for assistance in stopping annexation when the Commissioners have no authority to interfere with this process. He commented on other problems that will be experienced on combining the Planning Departments and recommended delaying action on this matter until all issues have been addressed. Motion: After further discussion, commissioner Barfield MOVED to abandon the idea of combining the City and County Planning Departments. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Vice-Chairman Greer expressed concern for wasting time on the proposed consolidation if the City is not willing to pay their fair share. Consensus: After further discussion, it was the consensus of the Board to request the County Manager to inform the City that the Commissioners support Alternative One, a method using the tax base and population to distribute the cost; however, if the County is going to assume the entire financial burden as proposed by the City in Alternative Two, the County must have complete control of the planning program. ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 10:30 P.M. Respectfully submitted, ~;:b-- Clerk to the Board j