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HomeMy WebLinkAbout1992-10-05 Regular Meeting . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 155 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 5, 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 Bill Wing, Pastor of Pearsall Memorial Presbyterian Church, gave the invocation. Commissioner Retchin led the audience in the Pledge of Alliance to the Flag. NON-AGENDA ITEMS Chairman Mathews 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. He also commented on recent discussions with reference to appointment of persons to fill vacancies on the Hospital Board of Trustees and opened the floor to receive remarks. The following comments were received: Mr. William Millick, a concerned citizen, commented on the possible conflict of interest with the appointment of Dr. Dennis Nicks to the Hospital Board of Trustees and stated personally, he is not acquainted with or against Dr. Nicks as a person; however, it is difficult for a laymen to understand how Dr. Nicks can have an interest in SurgCare, a competitive surgical facility, and not have a conflict of interest. The Commissioners were urged to consider another nominee. Dr. Gordon D. Coleman, President of the New Hanover/Pender County Medical Society, reported on a unanimous vote by the Medical Society for appointment of Dr. Nicks to serve on the Hospital Board of Trustees. The Commissioners were urged to appoint this qualified nominee. Ms. Bertie Clark, an employee in the medical field, expressed concern for a conflict of interest and stated it is quite apparent that Dr. Nicks does have a conflict of interest. Emphasis was placed on the importance of appointing a person that will have the ability to make clear and unbiased decisions without any special interest clouding the issue. APPROVAL OF THE CONSENT AGENDA Commissioner Retchin requested approval of Budget Amendment #93-0060 as part of Consent Agenda Item #5 since this item was not included in the agenda packet. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to approve the Consent Agenda items as presented with approval of Budget Amendment #93-0060 as part of Consent Agenda Item #5. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The commissioners approved the minutes of the Regular Meeting and Work Session of September 21, 1992, as presented by the Clerk to the Board. j ( I l MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE ,156 Approval of Incident Command Plan Standard operating Procedure - Department of Emergency Management The Commissioners approved the Incident Command Plan standard Operating Procedure for the provision of an operational framework for single or multi-agency fire suppression and related public safety response for the professional fire departments of New Hanover County, Wilmington, Carolina Beach and Wrightsville Beach. The Chairman and County Manager were authorized to execute the document. () A copy of the plan is on file in the Emergency Management office. Acceptance of Grant Application for "project ASSIST" for Tobacco Use Prevention and Reduction and Approval of Budget Amendment #93- 0053 The Commissioners accepted the state grant for "Project ASSIST" in the amount of $7,826 for development of a Comprehensive Plan for Tobacco Use Prevention and Reduction. The following Budget Amendment was approved to budget the grant: 93-0053 Health Department/project ASSIST Credit Debit Health Department/Proiect ASSIST Project ASSIST $7,826 Contracted Services Training and Travel $2,376 $5,450 Award of Contract #93-0107 to UNC-W's Laboratory of Coastal Archaeology for Archaeological Data Recovery at River Road Park The Commissioners approved a contract with UNC-W's Laboratory of Coastal Archaeology in the amount of $16,528.48 contingent upon approval from the Advisory Council on Historic Preservation. As part of the CAMA review process, an archaeological survey identified significant pre-historic cultural resources on the site of the County's proposed River Road Park. The site has been determined eligible for inclusion in the National Register of Historic Places; therefore, negative impacts from the park construction must be mitigated by data recovery investigations. The following bids were received: () UNC-Wilmington Archaeological Research Consultant, Inc. Coastal Carolina Research, Inc. $16,528.48 $16,640.04 $28,405.77 The Chairman was authorized to execute the contract document. A copy of the contract is on file in the Legal Department. Acceptance of North Carolina Arts council Grant for Planning the commissioning of Public Art in the Urban Park and Approval of Budget Amendment #93-0060 The Commissioners accepted the North Carolina Arts Council Grant in the amount of $2,500 and approved the following Budget Amendment. with assistance from the Lower Cape Fear Arts council, a design competition will be held for the selection of public art to be located in the Urban Park. Match funds have already been contributed to the park project. Another grant will be sought to actually commission the work, and private funds have been donated for the required match of this grant. The County Manager was authorized to execute the contract documents. n \ ) A copy of the contract is on file in the Legal Department. #93-0060 Downtown Park Capital Project Debit Credit Downtown Park Capital proiect Arts Council Grant $2,500 . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 157 (Budget Amendment #93-0060 continued) Debit Credit Contracted Services $2,500 Purpose: To budget Arts Council grant for planning and commissioning of public art in the Urban Park. Acceptance of North Carolina State University Forestry Resource Development Grant to the New Hanover county cooperative Extension Service The Commissioners accepted a Forestry Resource Development grant in the amount of $946 from North Carolina state University and a $250 contribution from Bio-Gro Systems, Inc. in connection with the forestry grant. No County funds are required. The following Budget Amendment was approved to budget the grant: 93-0054 cooperative Extension Debit Credit Cooperative Extension Forestry Resource Development Grant Other $946 $250 Departmental Supplies Training and Travel $250 $946 Adoption of Resolution Requesting the Addition of Mendenhall Drive to the state Highway System The Commissioners adopted a resolution requesting the addition of Mendenhall Drive to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XX, Page 11. INTRODUCTION OF NEW HANOVER COUNTY VETERANS SERVICE OFFICER Mr. E. T. Townsend, Secretary of the New Hanover County Veterans Council, expressed appreciation to the Commissioners for the allocation of funds to hire a Veterans Service Officer to serve New Hanover County's 15,500 veterans. A status report was presented on the services already being rendered and the benefits being received by local veterans. He also expressed appreciation to the County Manager for his assistance and introduced the new Veterans Service Officer, Mr. Tim Ross. Mr. Ross expressed appreciation for an opportunity to speak before the Board of County Commissioners and presented his past experience and qualifications. He stated within six weeks 460 requests have been received -with 150 requests by phone and 310 in person. In order to create an awareness of services being administered, a Veterans Benefit Fair will be held on Saturday, No.vember 14, 1992, from 10:00 A.M. until 4:00 P.M. at the National Guard Armory. The Commissioners were invited to attend. commissioner Barfield commented on future funding and stated records should be maintained reflecting the number of claims being processed with a new Veterans Service Officer versus the number of claims that were being processed without a Veterans Service Officer. Emphasis was placed on the need to document this expendi ture in order to know if County dollars are actually benefiting the veteran community. Mr. Ross stated he would be glad to furnish a report reflecting these figures. Chairman Mathews, on behalf of the Board, welcomed Mr. Ross and wished him well in his new position. ADOPTION OF PROCLAMATION DECLARING OCTOBER AS "NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH" Chairman Mathews read and presented a proclamation to Mr. Tom j ( I ! l MINUTES OF REGULAR MEETING, OCTOBER 5, 1992. PAGE 158 Townsend, a member of the Committee for Persons with Disabilities, declaring the month of October, 1992 as "National Disability EmploYment Awareness Month" in New Hanover County. All public officials, business leaders, industry, labor and private citizens were encouraged to recognize the activities and programs that promote the emploYment of qualified persons with disabilities. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt the proclamation as read declaring October, 1992 as "National Disability EmploYment Awareness Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Mr. Townsend commented on being a handicapped child and urged all persons to become aware of the need to hire qualified persons with disabilities. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 11. APPROVAL OF CONTRACT #93-0127 WITH POST, BUCKLEY, SCHUH, AND JERNIGAN FOR CLOSURE DESIGN , CONSTRUCTION SERVICES FOR CELL 3-A, NEW HANOVER COUNTY LANDFILL Director of Environmental Management, Ray Church, requested approval of a contract with Post, Buckley, Schuh, and Jernigan in the amount of $36,353 for design specifications and construction services for closure of Cell 3-A at the Landfill. The cell must be closed in accordance with North Carolina Solid Waste Management Regulations. Funds have been included in the FY 1992-93 Budget for engineering design services. A lengthy discussion was held on the availability of other firms that perform design and construction work for landfill cells and closures. Commissioner Retchin commented on competitive bids and inquired as to whether the County has ever requested bids from other vendors for design services? () Director Church commented on using the firm of Post, Buckley, Schuh, and Jernigan since 1978 for design services and emphasized the importance of their expertise and knowledge of the County Landfill. He cautioned considering another engineering firm due to the possibility of low-balling a design in order to obtain the contract. commissioner Retchin recommended that staff research other firms that perform this work in order to compare costs. Motion: After discussion of receiving comparable figures from other firms, commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer' to approve the contract wi th Post, Buckley, Schuh, and Jernigan in the amount of $35,353 for closure design and construction services for Cell 3-A at the Landfill. Staff was also requested to research the various engineering firms available to perform this type of work with cost figures being presented as a part of a recommendation for future projects. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. () ADOPTION OF RESOLUTION REJECTING ALL PROPOSALS RECEIVED FOR REMOVAL AND TRANSPORTING OF ASH FOR THE WASTE-TO-ENERGY FACILITY (RFP #93- 0108) Director of Environmental Management, Ray Church, requested adoption of a resolution rejecting all proposals received for removal and transporting of ash for the Waste-to-Energy Facility. All proposals received were higher than anticipated; therefore, staff requests rejection of the bids received in order to restructure the request for proposals to reduce the cost. Director Church presented copies of the bids received which ranged from $96,000 to $748,000. . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 159 The low bid of $96,000 was within the budget but did not allow the County to discontinue the use of County trucks. The bid required hauling of the ash from the rear of the WTE Facility to the tip floor with dumping the ash and reloading the truck. The contractor would onlv provide transportation of the ash from the tip floor to the Landfill; therefore, this bid would not be cost effective. Further discussion was held on ash processing and the method being used in Mecklenburg County. Director Church stated staff is researching this process. commissioner Barfield commented on the cost savings of in- house versus contracting with a private firm to perform the ash hauling service and inquired as to why this process cannot be performed in-house? Director Church commented on a budgeted figure of $125,000 for the proposed contract and stated the bids received were much higher than anticipated; therefore, the work should be performed in-house until further proposals are prepared to reduce the cost and allow the County to get out of the trucking business. Discussion was held on the cost of the present in-house hauling system and the following expenditures were presented: -Maintenance and repair of trucks -Fuel costs -Tires -Contracts for front-end loaders Total $56,000 13,000 20,000 7.700 $96,700 Director Church reported on the age of the trucks ( 8 years old) and the need for employees now operating the trucks to be utilized as assistant operators at the WTE Facility. He also pointed out that most contracts of this type in similar facilities are contracted out. commissioner Barfield requested staff to include figures projecting in-house services versus contracting out a service in all future presentations of this type so the Commissioners can better determine the most cost effective method of operation. Motion: After further discussion of the need to continue the ash hauling in-house until further request for proposals can be prepared to reduce the cost, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution rejecting all bids received for removal and transporting of ash for the Waste-to- Energy Facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution reflecting the bids received is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 11. Commissioner Sutton commented on utilization of roll-of.f containers where the ash can be cooled and recommended that staff investigate this method immediately to prevent some of the hot ash problems being experienced, particularly with damage to County trucks. APPROVAL OF RETAINER CONTRACTS FOR MAINTENANCE AND REPAIR FOR THE WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, requested award of Contract #93-0106 to Scope Mechanical Contractors, the lowest responsible bidder, for mechanical/electrical and instrumentation services for the Waste-to-Energy Facility and award of Contract #93-0109 to Republic Industries, Inc. for refractory and insulation services. The contracts would be for a two-year period and on an "as needed" basis with a guaranteed availability of skilled personnel within 24 hours of request. Emphasis was I j ------- / ( I \ Ii k MINUTES OF REGULAR MEETING, OCTOBER 5, 1992. PAG~ 16Q placed on the importance of maintenance and repairs on steam boilers and related requests. Chairman Mathews inquired as to whether the bid prices include travel. Director Church stated the bids did not require per diem. commissioner Barfield recommended hiring a mechanical engineer and an electrical engineer, to train County employees to perform refractory repairs on site. He stated this method would be less costly and also provide vital training to County employees. Director Church expressed appreciation for the comments by Commissioner Barfield and stated the recently hired Plant Engineer is in the process of identifying maintenance needs and scheduling plant maintenance; therefore, hiring a mechanical engineer and electrical engineer would greatly assist with administering a well planned, preventative maintenance program. o commissioner Retchin commented on the proposed contracts being approved on an "as needed basis" and stated the consultants will not be working on a day-to-day basis. Director Church stated the contract is based upon the need; for example, if safety concerns are found, the consultants would be hired on a daily basis until those items have been corrected in order to protect employees. Discussion was held on whether the proposed contracts have been reviewed and approved by the WTE Commission. Director Church stated the contracts have not been reviewed by the WTE Commission. Vice-Chairman Greer expressed concern for continued expenses and escalating costs with operation of the WTE Facility and stated some way these costs must be controlled. A lengthy discussion was held on creating a balance between in-house and private contracting of jobs. Commissioner Barfield recommended contracting out the entire facility due to past, current, and future problems that are going to be experienced. o Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adopt the resolutions awarding Contract #93-0106 to Scope Mechanical Contractors, the lowest responsible bidder, for mechanical/electrical and instrumentation services for the Waste-to-Energy-Facility and award of Contract #93-0109 to Republic Industries, Inc. for refractory and insulation services subject to approval by the WTE Commission or WTE Executive Committee. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions and bid tabulations are hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 11. copies of the contracts are on file in the Legal Department. APPROV~ OF CONTRACT' #93-0109 WITH IMAGINATIONS ADVERTISING TO CONTINUE THE ENVIROSMART ADVERTISING CAMPAIGN Commissioner Retchin commented on a previous request for a detailed explanation on how funds have been expended for the past two years and expressed concern for the information received not properly reflecting expenditures. He recommended postponing this item until the October 19 meeting in order to receive a complete written report outlining expenditures used for TV advertising, newspaper ads, and other expenses. () Vice-Chairman Greer commented on the funds allocated by the City and County as well as by various businesses and recommended endorsement of the program by the County with no allocation of funds. MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 161 . Ms. Carolyn Wells, a representative of Imaginations, stated the firm will be glad to furnish additional figures; however, statements of expenditures were forwarded to TV sponsors and the newspaper. Consensus: After further discussion, it was the consensus of the Board to postpone this item until the meeting of October 19, 1992, at which time figures will be presented on funds expended during the past two years and an explanation as to how funds will be dispersed for next year. RELEASE OF FUNDS TO THE KATIE B. HINES SENIOR CENTER FOR SINK REPLACEMENT FOR THE NUTRITION SITE County Manager O'Neal reported on a request by the Katie B. Hines Senior Center for release of $2,000 approved in the FY 1992- 93 Budget to replace a sink as required by the Health Department at the nutrition site and for other expenses. The funds were originally approved to assist the Center with increased electricity costs; however, this problem has been resolved. After review, staff recommends release of sufficient funds to pay for the sink replacement only in the amount of $953. Motion: After discussion of the requested funds being appropriated in the FY 1992-93 Budget and the services rendered to the elderly by the Katie B. Hines Center, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to release the $2,000 as requested and appropriated in the budget. The floor was opened for further discussion. . Substitute Motion: After discussion of the electricity costs being resolved, which was the purpose of the funding appropriation, Vice- Chairman Greer MOVED, SECONDED by Commissioner Sutton to release funds in the amount of $953 to pay for the sink replacement. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sutton Vice-Chairman Greer Chairman Mathews Voting Nay: Commissioner Barfield Commissioner Retchin BREAK Chairman Mathews recessed the meeting to hold a break from 7:47 P.M. until 8:10 P.M. PUBLIC HEARING TO CONSIDER REMOVAL OF SPECIAL HIGHWAY OVERLAY DISTRICT AT THE NORTHEAST CORNER OF MILITARY CUT-OFF ROAD AND DRYSDALE DRIVE Chairman Mathews opened the Public Hearing. . Planning Director, Dexter Hayes, reported this item was presented to the Board of County Commissioners as part of a rezoning request. At that time, discussion was held on the possible change of the Special Highway Overlay District, at which time the petitioner was requested to appear before the Zoning Board of Adjustment for a variance. The Planning Commission and Planning Staff recommended denial of this request based upon the need to maintain the necessary controls to protect the scenic vista of the highway, which is the main purpose for S.H.O.D. regulations. The following background information was presented: -The S.H.O.D. regulations do not apply to the commercial uses south of the petitioner's site because preliminary plans were approved prior to S.H.O.D.'s adoption. However, the S.H.O.D. regulations do apply to Landfall's commercial property at the southwest corner of Eastwood Road and Military Cut-Off Road because those regulations were in place before the Landfall PO was expanded onto that property. ~ I I I I I I j ( ~ I '. "'-- MINUTES. OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 162 -Although plans for the commercial uses south of the subject parcel were approved without the S.H.D.D. controls, only a small amount of variation exists in their final design from those requirements. Setbacks for the bank buildings constructed on those properties are 90 and 95 feet instead of the 100 feet required by S.H.D.D. except for the Wachovia Bank and parking lot. This building is located 45 feet from the right-of-way. The parking lot is located 30 feet from the right-of-way. The minimum is 50 feet. () -If the S.H.D.D. is eliminated from the subject properties, significant design controls deemed important to maintaining the scenic vista of the highway would be lost. These include but are not limited to sign limitations, additional setbacks and landscaping measures. Also, this road serves as a major gateway to the beach community. wi thout adequate design controls, the road's current appearance could be quickly tarnished. Chairman Mathews inquired as to whether anyone from the general public would like to comment in favor of removing the S.H.O.D. regulations. The following remarks were received: Mr. Laney wilson, representing Wilson Supermarkets, requested elimination of S.H.O.D. regulations on the proposed site in order to construct a modern grocery facility. After appearing before the County Commissioners in August, the plan has been modified to allow for a 90 ft. setback from the State right-of-way, the same setback as the Nationsbank Building. Also, the parking area will be moved further back with proper landscaping to create a significant buffer. Emphasis was placed on the project being an extension of the existing Landfall Shopping Center and the fact that 100-120 new jobs will be created. The Commissioners were requested to allow the same setback requirements as given to all other businesses in the shopping center. () commissioner Retchin inquired as to whether the 10 ft. variance could be granted and require the petitioner to comply to all other S.H.O.D. regulations? Planning Director Hayes stated the zoning Ordinance dictates the setbacks and requirements of a district; therefore, any variance to the Zoning Ordinance, by State Statute, must be ruled upon by the Zoning Board of Adjustment, not the Board of County Commissioners. commissioner Retchin inquired as to whether S.H.O.D. regulations can be removed with replacement of a Conditional Use District that will impose conditions that are necessary for a Special Highway Overlay District other than the 10 ft. variance? He emphasized the importance of not eroding the S.H.O.D. regulations and stated the Conditional Use District would apply only to this piece of property. A lengthy discussion was held on whether District could be imposed. Planning Director Assistant County Attorney has determined that possible since a Conditional Use District restrictive use than the use already being district. a Conditional Use Hayes stated the this would not be requires a more permitted in the () Further discussion was held on the 100 ft. setback required under S.H.D.D. regulations. Planning Director Hayes stated due to the setback being stringent, the Planning Staff is currently preparing a Text Amendment to the Special Highway Dverlay District that will allow for a reduction of approximately 25% in the setback requirement if the developer is willing to perform streetscaping, which is to plant significant trees along the State right-of-way to enhance the appearance of the highway. ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 163 Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Barfield to remove this piece of property only from S.H.O.D. requirements. The floor was opened for further discussion. . Chairman Mathews inquired as to whether anyone from the general public would like to speak in opposition to removal of the Special Highway Overlay District on the property in question. The following remarks were received: , Ms. Anita Weir, a concerned citizen, recommended upholding the decision of the Planning Commission which is to deny removal of S.H.O.D. regulations in order to preserve the appearance of the highway corridor. Dr. Robert Brown commented on designation of land for certain purposes under Planned Development and stated the property in question was originally designated as Planned Development 0&1. Under that designation, when S.H.O.D. was adopted, construction of a supermarket would not have been a permitted use; however, when the property was redesignated from PO 0&1 to PO Commercial on August 3, 1992, by the Board of County Commissioners, this use was permitted. The Commissioners were urged to be prudent representatives of the people and not override a County Ordinance already in place. Ms. Mildred Harris, a concerned citizen, requested denial of the request for removal of S.H.O.D. regul~tions based upon the following concerns: . 1) In August, the Board of County Commissioners rezoned the property from 0&1 to B-2 zoning. Would the Board consider removing the S.H.O.D. for a dry cleaning facility, a funeral home, a bar or disco, all permitted uses in B-2 zoning? Once the S.H.O.D. is removed, the County will lose control over the appearance of any B-2 business being placed in this area. 2) A Special Highway Overlay District should be strongly supported as referenced in the County Zoning Ordinance: "The continued protection of these scenic highways is also a valuable asset to the County's tourism economy and enhances the attractiveness of the area for trade and investment." . 3) The petitioner has stated that Wilson Supermarkets, Inc. is seeking removal of S. H. 0.0. requirements in order to construct a modern, upscale supermarket; however, with the proposed size and specific design of the building, the S.H.O.D. setback will be violated in order to provide access for large truck deliveries. A landscaped area is to be provided that will screen the back of the building from the Military Cut-Off Road and Drysdale Drive will be the only access. Also, the facility should generate approximately 100- 120 jobs. These statements made by the petitioner are of concern. Aside from the issue of drainage, the Commissioners have focused exclusively upon the petitioner's representations as to the use of the property. A ruling was presented from a Union County Zoning Case and opinions were presented by the Institute of Government summarizing several recent cases in which the N. C. Supreme Court found that the zoning amendments were not enacted for the proper public purpose. Wilson's has always been a responsible business and good neighbor; therefore, it is difficult to believe that Wilson's cannot find a way to meet all the necessary requirements and construct the building. Also, it is difficult to believe that Wilson's would intend to give the impression they would hold over a 100 or more jobs hostage in order to force remo~al of S.H.O.D. requirements. The Commissioners were urged to rule for the benefit of the public purpose and allow the S.H.O.D. regulations to remain intact. j ( i MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 164 Chairman Mathews closed the Public Hearing. Commissioner Sutton congratulated Ms. Harris for the factual statements presented and stated, in his opinion, the protection for the parcel of land in question lies within the regulations of the Landfall Development Association. Commissioner Retchin commented on his respect for the Wilson family and their business, but stated he cannot relieve the S.H.O.D regulations without replacing some form of restrictions on the property. () A lengthy discussion was held on trying to grant the petitioner's request without destroying the integrity of S.H.O.D. Vice-Chairman Greer stated he feels the Wilson family will be more than willing to provide sufficient buffer and landscaping requirements to make the project acceptable and attractive. Discussion was held on providing some alternatives to S.H.O.D. regulations. Planning Director Hayes stated the proposed Text Amendment allowing for certain landscaping conditions to reduce the 100 ft. setback by 25% is being prepared and can be presented to the Board at the first meeting in December. Vote on Motion: Chairman Mathews called for a vote on the MOTION to remove the S.H.O.D. regulations on this property only. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Vice-Chairman Greer Chairman Mathews voting Nay: Commissioner Retchin () Abstaining: Commissioner Sutton Motion: After discussion of providing more alternatives to the S.H.O.D. regulations in situations of this type, Commissioner Retchiri MOVED, SECONDED by Commissioner Sutton to direct the Planning Staff and Planning Commission to prepare and present a Text Amendment as soon as possible. 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," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, section 2, Page 29. PUBLIC HEARING TO CONSIDER MODIFICATION OF SPECIAL USE PERMIT BY INCREASING THE NUMBER OF CHILDREN FROM 10 TO 12 FOR EXISTING DAY CARE SERVICE AT 619 ALBEMARLE DRIVE (S-320, 9/90; 8/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, presented background information on the request and reported the applicant is now authorized by a state license to care for 12 children; however, the Special Use Permit limited her care to 10 children. Increasing the capacity of the center from 10 to 12 can be accommodated by the existing dwelling without additional renovations. The Planning commission voted unanimously to modify the Special Use Permit. () Chairman Mathews inquired as to whether anyone from the general' public would like to speak in opposition to the proposed modification to the Special Use Permit. No comments were received. Chairman Mathews closed the Public Hearing. Motion: Commissioner Barf ield MOVED, SECONDED by Commissioner Retchin to grant modification of the Special Use Permit to allow the applicant to care for 12 children and to reaffirm the findings \ I' i\ '",- "f;' ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 165 of facts as presented when the original Special Use Permit was granted. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the modified Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book, II, Page 3. . PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT ON HEIGHT RESTRICTIONS FOR PILING SUPPORTED STRUCTURES IN COASTAL HIGH HAZARD, INLET HAZARD AND OCEAN HAZARD AREAS Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, reported on a request from the Inspections Director to consider a Text Amendment to incorporate height restrictions for piling supported structures not only in Coastal High Hazard, but in Inlet Hazard and Ocean Hazard Areas. An amendment to the Zoning Ordinance in 1982 failed to reference Ocean Hazard Areas specifically because at the time they were also designated as V Zones. Subsequent remapping of the Flood Insurance Rate Map in 1986 placed all Ocean Hazard Areas into A Zones, A-A30. Despite this new designation for Ocean Hazard Areas, construction of buildings still required compliance with Section 39.1, Volume 1B of the Building Code. This section of the Building Code mandates piling foundations for homes in the Coastal High Hazard and Ocean Hazard Areas. In order for the Zoning Ordinance references to include Inlet Hazard and Ocean Hazard Areas, a Text Amendment is needed to supplement the language found in Sections 51-2, 52-2, 52.5-2 and 53-2 pertaining to height of buildings for piling supported structures as follows: . "The maximum allowable height for piling supported primary structures which are located in Coastal High Hazard, V Zones and/or Ocean Hazard Areas as defined by the Coastal Resources Commission shall be 44 feet." The Planning commission voted unanimously to recommend approval of the proposed Text Amendment to be consistent with the current administration of height regulations for piling supported buildings as outlined in the Zoning Ordinance. Chairman Mathews inquired as to whether anyone from- -the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No comments were received. Chairman Mathews closed the Public Hearing. commissioner Sutton commented on the number of regulations already in force governing piling supported structures and inquired as to the purpose of the proposed Text Amendment? Planning Director Hayes stated the Text Amendment is basically a housekeeping change for the purpose of allowing extra height for structures placed on pilings in accordance with the Building Code and Federal Emergency Management Agency guidelines. . Commissioner Sutton stated, for the record, he cannot support the Text Amendment when he feels there is no real purpose for the change. Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the Text Amendment as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Greer Chairman Mathews j ( I I I I \ I I , l MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 166 Voting Nay: Commissioner Sutton A copy of the Text Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 11. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ADD "FABRICATED RUBBER PRODUCTS" AS A PERMITTED USE IN THE AI AIRPORT INDUSTRIAL DISTRICT Chairman Mathews opened the Public Hearing. () Planning Director, Dexter Hayes, stated the applicant seeks to include "fabrication of rubber products" as a permitted use in the AI Airport Industrial Zoning District. The Zoning Ordinance classes "rubber and miscellaneous products" under the MANUFACTURING category of the Table of Permitted Uses. A review of the Standard Industrial Classification reveals that the fabricating process described by the applicant is classified under "Major Group 30, Rubber and Miscellaneous Plastics Products, subheading Fabricated Rubber Products Not Elsewhere Classified-Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods". The AI Airport Industrial Zoning District is established as a planned restricted industrial district in which the principal use of land is for indoor manufacturing and distributive type operations that are compatible with airport facilities and which require sites adjacent to railroads and/or major thoroughfares." Manufacturing activities currently permitted in the district include but are not limited to electronic equipment, instrumentation and related products, fabricated metal products, cabinet and woodworking, miscellaneous manufacturing, and transportation equipment. Rubber and miscellaneous products were originally restricted to the I-2 Heavy Industrial District because those processes involved the actual manufacturing of raw rubber. Typically, the manufacturing of raw rubber involves processes that create excessive amounts of smoke, odor, and air borne debris. Thus, that process should be restricted to the I-2 District. However, the fabrication of raw rubber into hosing, tubing, and related products does not pose the same threats as the manufacturing of raw rubber. The fabrication of metal products is permitted in the A-I Airport District but the production of the raw materials for those processes is not permitted. Based on the range of manufacturing activities now permitted in the A-I Airport District and because the activity propos~d does not involve the manufacture of raw materials, the Planning Commission and Planning Staff recommend approval of the proposed Text Amendment. () Chairman Mathews inquired as to whether anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No comments were received. Chairman Mathews closed the Pubic Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Greer to approve the proposed Text Amendment "Fabricated Rubber Products" as a permitted use in the A-I Airport Industrial District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Text Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 11. () ~EAPPOINTMENT OF GERMAINE F. BREWINGTON AND APPOINTMENT OF DENNIS lS.. NICKS TO SERVE ON THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES Chairman Mathews stated the following persons were nominated on September 21, 1992, to be considered for appointment to fill two vacancies on the Hospital Board of Trustees: Germaine F. Brewington (eligible for reappointment) stanley G. House ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 167 Dennis B. Nicks Justin Raphael . commissioner Retchin reminded the Commissioners of the purpose of the 2-stage appointment process, which is to allow for input from the community and to allow time for possible concern about who mayor may not have been nominated. Concern was expressed for the fact that in this particular case, there was a commitment made by some members of the Board before the closing date of the actual applications for support of an applicant to fill one of the vacancies on the Hospital Board of Trustees. Chairman Retchin stated, in his opinion, this endorsement precludes the process agreed upon by the Board and that this statement should be made before nominees are appointed to fill the vacancies. . commissioner Barfield stated when appointing persons to boards, many policies have been adopted during the past 12 years; however, the support of one nominee, Dr. Dennis Nicks, has created an undue form of harassment for him. Concern was expressed for unpleasant telephone calls and accusations of being paid off to support Dr. Nicks. Commissioner Barfield stated, for the record, he was not paid off and in his twelve years of serving as a County commissioner he has never circumvented the law when making committee appointments. In this case he was approached by Dr. Nicks, an applicant and a person he did not know, who very openly explained his reasons for wanting to serve on the Hospital Board of Trustees. Commissioner Barfield stated after hearing these reasons and being assured by the Legal Department that the conflict of interest matter had been resolved, he felt this individual was highly qualified and would provide the type of leadership necessary for continued growth of the hospital as well as bring another point of view to that board. Also, as a matter of information, when considering the appointment of Commissioner Sutton to serve as the County's representative on the Hospital Board of Trustees, he received many calls opposing Commissioner Sutton's appointment; however, he supported Commissioner Sutton and he has performed an excellent job. It is hoped that Dr. Nicks will do the same. Motion: Commissioner Barfield MOVED to reappoint Germaine Brewington and appoint Dr. Dennis B. Nicks to fill the vacancies on the Hospital Board of Trustees. The floor was opened for discussion. A lengthy discussion was held on the conflict of interest matter. commissioner Sutton requested the County Attorney to read an opinion prepared by she and the hospital attorney, Dumay Gorham and a State Statute pertaining to conflicts of interest: County Attorney Copley read the following opinion: . "If Dr. Nicks has no more than a 10% ownership in SurgCare or is an officer or director of the facility, the hospital could not do business with SurgCare. For example, the hospital could not enter into a transfer agreement for a patient to be moved for SurgCare to New Hanover Regional Medical Center. If Dr. Nicks has less than 10% or 10% ownership, New Hanover Regional Medical Center could do business with SurgCare, but Dr. Nicks must disclose his relationship with SurgCare and can not participate in any discussion or vote regarding SurgCare." County Attorney Copley read the following portion of a State statute: "No director, board member, commissioner, nor employee of any State Department shall directly or indirectly enter into or otherwise participate in any business transaction involving public funds with any firm, corporation, etc. which at -any time during the preceding 2-year period had financial association with such director, board member, commissioner, or employee." j ( , ! MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 168 commissioner Sutton expressed concern for being able to comply to the law if Dr. Nicks is appointed and stated many problems will be created for the Hospital Board of Trustees when entering into contracts due to this conflict area. He requested the Commissioners to think very carefully before making this appointment. Vice-Chairman Greer stated the conflict of interest matter over the percentage of SurgCare ownership by Dr. Nicks has been addressed legally; therefore, as a County Commissioner, it is his responsibility to appoint the most qualified applicant to serve on the Hospital Board of Trustees. Hopefully, the appointment of Dr. Nicks will be constructive and bring another point of view to the Hospital Board of Trustees. The County is proud of this facility and desires to provide the quality of leadership necessary for the continued growth of this medical center. the many duties and of Trustees and stated he well qualified to serve on Chairman Mathews commented on responsibilities of the Hospital Board supports Dr. Nicks because he is very this board. commissioner Barfield inquired as to why the Hospital Board of Trustees did not approve the proposed Conflict of Interest Policy, and asked if adoption of the policy would have eliminated persons already serving on the Board of Trustees or persons that would be eligible to serve on this board? commissioner Sutton stated adoption of a Conflict of Interest Policy at this time would have been inappropriate with the current discussion of this particular committee appointment. commissioner Retchin requested that each nominee be voted on separately. Motion withdrawn: Commissioner Barfield withdrew his motion for appointment of Germaine F. Brewington and Dr. Dennis B. Nicks in order for the Chairman to call for a vote on each nominee. Reappointment of Germaine F. Brewington: Chairman Mathews called for a vote on the reappointment of Germaine F. Brewington. The following votes were received. Voting Aye: Commissioner Barfield Commissioner Retchin commissioner Sutton Vice-Chairman Greer Chairman Mathews Due to receiving a unanimous vote, Ms. Brewington was reappointed to serve a 5-year term on the Hospital Board of Trustees. The term is to expire September 30, 1997. Nomination of sylvia Rountree: commissioner Sutton nominated and cast one vote for Sylvia Rountree since she was mistakenly left out. Chairman Mathews called for a vote on Stanley G. House. The following vote was received: voting Aye: Commissioner Retchin Appointment of Dr. Dennis B. Nicks: Chairman Mathews called for a vote on the appointment of Dr. Dennis B. Nicks. The following votes were received: voting Aye: Commissioner Barfield Vice-Chairman Greer Chairman Mathews () n n . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 169 Voting Nay: Commissioner Retchin Abstaining: Commissioner sutton Vice-Chairman Greer stated according to parliamentary rules when a member of a board abstains, the vote is considered a "yes" vote. commissioner sutton requested the Clerk to record that he has cast two votes, one for Germaine F. Brewington and one for Sylvia Rountree. Due to receiving a majority vote, Dr. Dennis B. Nicks was appointed to serve a 5-year term on the Hospital Board of Trustees. The term is to expire September 30, 1997. Chairman Mathews called for a vote on the appointment of Justin Raphael. The following vote was received: Voting Aye: Commissioner Retchin MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT 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 8:26 P.M. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 8:31 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Endorsement of Naming Bridge Over the Cape Fear River on U. S. Highway 421, Near the USS North Carolina Battleship Memorial, the liS. Tommy Rhodes" Bridge Chairman Mathews read a resolution from Marylyn Williams, a Member of the N. C. State Board of Transportation, requesting that the Board endorse naming the bridge over the Cape Fear River on U.S. Highway 421, near the Battleship Memorial to the "S. Tommy Rhodes Bridge". Motion: Chairman Mathews MOVED, SECONDED by Vice-Chairman Greer to endorse the recommendation for naming the bridge over the Cape Fear River on U. S. Highway 421 to the "S. Tommy Rhodes Bridge". Upon vote, the MOTION CARRIED UNANIMOUSLY. Amendment to Committee Appointment Policy Commissioner Retchin recommended holding all applications on file for 18 months from the closing date for the receipt of applications as advertised. Also, he recommended usage of a double postcard to inform and allow persons with applications already on file to inform the Clerk if they desire to still be considered when vacancies occur. Consensus: It was the consensus of the Board to hold applications on file for a period of 18 months as requested by Commissioner Retchin and to instruct the Clerk to the Board to use double postcards to notify ,applicants with applications already on file of vacancies occurring on boards to see if they are still interested in serving and being considered for a particular board. Commissioner Barfield inquired as to whether the 5~year terms on the Hospital Board of Trustees should be reduced to three years? j ( , I I I I I I l ',-- MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 PAGE 170 commissioner Sutton presented background information on the length of terms for Hospital Trustees and stated originally the terms were three years with eligibility to serve two terms; however, with the time required to become familiar with hospital procedures, it was felt that one year was required for educational purposes. During the last year of service, it was found that members tend to become lax; therefore, two of the three years were not very productive so the Hospital Board decided to enact 5-year terms. () Further discussion was held on the possibility of presenting this item to the Hospital Board of Trustees. No action was taken. Discussion was held on receiving recommendations from chairmen and administrators for appointment of applicants to serve on committees. Vic~-Chairman Greer stated when serving as the County's representative on a board, it is uncomfortable for the administrator and/or chairman of a board to endorse applicants that he does not desire to support. commissioner Retchin stated he does not have a problem with receiving recommendations for appointments because they are only recommendations and according to law, the Commissioners have the authority to make appointments as they so desire. No action was taken. commissioner Sutton and Vice-Chairman Greer expressed concern for the 2-step nomination/appointment process and stated, in their opinion, this policy prolongs the process. Chairman Retchin stated he is in favor of the process and emphasized the importance of allowing time for complete review of the applications. No action was taken. o ADDITIONAL ITEMS - COUNTY MANAGER Announcement of visit from the N. C. Legislative Budget Advisory commission County Manager O'Neal commented on a visit by the Legislative Budget Advisory Commission on October 14, 1992, and stated a schedule of events will be prepared and forwarded to the Commissioners as soon as possible. He, also, stated the Sheriff's Department will be providing an escort for the Budget Advisory Commission members while in town. Discussion of Agenda Items for November 2, 1992, Boa~d Meeting County Manager O'Neal stated no planning items are scheduled for the regular meeting of November 2, 1992; therefore, the Commissioners may wish to cancel this meeting with the election being held on November 3. Vice-Chairman Greer recommended holding a short meeting on November 2, 1992, as scheduled instead of long lengthy meetings in the future. Consensus: It was the consensus of the Board to hold a short meeting on November 2, 1992. Discussion of Hugh MacRae Park Hours Vice-Chairman Greer commented on a complaint from a citizen living near Hugh MacRae Park and stated the Deputy County Manager investigated the matter and found that the park does not close until midnight. He recommended contacting the Parks & Recreation Advisory Committee to see if all activities at the park can be curtailed at 11:00 P.M. o After further discussion, it was agreed that the Deputy County Manager should convey this recommendation to the Parks & Recreation Advisory Board. . . . MINUTES OF REGULAR MEETING, OCTOBER 5, 1992 ADJOURNMENT ~ PAGE .171 Motion: commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 9:50 P.M. Respectfully submitted, ~;::~ Clerk to the Board j