1992-12-07 Regular Meeting
.
.
'.
~
M~NUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 211
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, December 7, 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
Reverend Wilbur Teachey, Pastor of Trinity Methodist Church,
gave the invocation.
commissioner Sutton led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to approve the minutes of the Regular Meeting of November
16, 1992, as presented by the Clerk to the Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER , SEWER DISTRICT
Motion': Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton 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 6:40 P.M.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to reconvene to Regular Session.
Chairman Mathews reconvened to Regular Session at 6:45 P.M.
PRESENTATION OF PLAQUES TO FORMER COUNTY COMMISSIONERS
Chairman Mathews, on behalf of the Board, commented on the
outstanding service rendered by Commissioner Barfield, Commissioner
Retchin, and Commissioner Sutton and presented plaques to each in
recognition and appreciation of their dedicated years of service
while serving on the Board of County Commissioners
commissioner Jonathan Barfield, Sr. - 12 years of service
Commissioner Fred Retchin 8 years of service
Commissioner William H. Sutton 2 years of service
Commissioner Barfield expressed appreciation to his wife,
mother, and other members of his family for their support during
his 12 years of service. He commented on the rapid growth that has
occurred in New Hanover County during his tenure and stated many
capital projects were needed to accommodate this growth, such as
the new Airport Terminal, renovated County Courthouse, Waste-to-
Energy Facility, expanded Health Department, expanded Museum, and
expanded Law Enforcement Center. He stated positive things have
been accomplished and at all times he strived to make decisions
that were in the best interest of the citizenry. He -lived by the
words of his father, "do what is good, and good will follow you".
Appreciation was expressed for the assistance and support or Lucie
F. Harrell,Clerk to the Board, County Attorney, Wanda Copley,
County Manager, Allen O'Neal, Deputy County Manager, Mary Gornto,
and Assistant County Manager, Dave Weaver.
~
/
(
I
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE .2y12
commissioner Retchin expressed appreciation to his wife,
daughter, and son for their support during his eight years of
service. He commented on being proud of his major contributions
and stated it has been an honor and privilege to serve the public.
In all instances, he strived to serve to the best of his ability
and do what was right for the citizens of New Hanover County.
Appreciation was expressed to the citizens for their support and to
the County staff. Commissioner Retchin announced he plans to run
for re-election in 1994 and stated regardless of the outcome, he
will serve New Hanover County for the remainder of his life in
whatever capacity the public so desires.
('\
\ )
commissioner sutton expressed appreciation for the opportunity
to serve as County commissioner and informed the newly elected
Commissioners that the former board, "is not leaving a leaking
boat, but a boat that is sound and ready to go wherever it is
directed."
BREAK
Chairman Mathews called a break from 6:50 P.M. until 7:10 P.M.
OATHS OF OFFICE ADMINISTERED TO NEWLY ELECTED COUNTY COMMISSIONERS
County Attorney, Wanda M. Copley, reconvened the meeting and
stated she would preside over the meeting until the newly elected
Commissioners are administered Oaths of Office and a Chairman is
elected for the coming year.
Clerk to the Board, Lucie F. Harrell administered the Oaths of
Office to the following newly elected County Commissioners:
commissioner Sandra F. Barone
Commissioner William A. Caster
commissioner E. L. Mathews, Jr.
Commissioner William E. Sisson, Jr.
()
BREAK
County Attorney Copley called for a break from 7:25 P.M. until
7:38 P.M.
ELECTION OF CHAIRMAN FOR THE ENSUING YEAR
County Attorney, Wanda M. Copley, opened the floor to receive
nominations for Chairman of the Board of County Commissioners for
the coming year.
commissioner Mathews nominated Robert G. Greer. Commissioner
Barone seconded the nomination.
There being no further nominations, County Attorney Copley
declared the nominations closed.
,
Upon vote, Robert G. Greer was UNANIMOUSLY elected Chairman of
the Board for the ensuing year.
,
Chairman Greer expressed appreciation to his fellow Board
members for their confidence and stated he will strive to se~ve in
this position to the best of his ability.
ELECTION OF VICE-CHAIRMAN FOR THE ENSUING YEAR
Chairman Greer opened the floor to receive nominations for
Vice-Chairman of the Board of County Commissioners for the coming
year.
~
" ./
commissioner Caster nominated E. L. Mathews, Jr. Commissioner
Sisson seconded the nomination.
There being no other nominations, Chairman Greer declared the
nominations closed.
Upon vote, E. L. Mathews, Jr. was UNANIMOUSLY elected Vice-
Chairman of the Board for the ensuing year.
I
l
.
.
.
~
MINUTES OF ,REGULAR MEETING, DECEMBER 7, 1992
PAGE 213
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda. The
following remarks were received:
Concern for the county providing Misinformation to the General
Public
Mr. Dick Carter, a concerned citizen, expressed appreciation
to the newly elected Commissioners for being willing to serve in
public office and requested that the new Board set a precedent by
ensuring the public that factual information will be given when
requested. Concern was expressed for the amount of misinformation
given by the County staff and former Boards of County
Commissioners, particularly with reference to the following
projects:
(1) County-wide Water & Sewer System: The public was led to
believe that the project was needed to avoid contamination of
groundwater due to malfunctioning septic tanks, but when
checking with the Health Department, a response was received
that not one septic tank was malfunctioning in New Hanover
County. Also, the public was led to believe that the Sewer
System could be constructed for $64 million dollars with
passage of a bond issue. Now, the public has been informed
that the Sewer System will cost at least $225 million, not
including interest, for a total project cost of $400 million.
Some portions of the County are not even included in the plan.
-Social Services Buildinq: The voters did not approve a bond
issue for construction of a new Social Services Building;
however, a new building was constructed by a contractor
adapted to the needs of the Department of Social Services and
leased by the county for this purpose. Later, the County
decided to purchase the building which was directly against
the wishes of the general public.
-Poor Contract Manaqement: The County decided to be the prime
contractor for the Sewer System; therefore, many contracts
were let with no direct person responsible for the project.
Consequently, due to poor management and misinformation, Phase
I of the Sewer System costs almost as much as the amount of
the entire bond issue. Contracts issued for various projects
do not require the contractor to fulfill the terms agreed
upon. The contract for the Steam Plant did not require a
performance bond or a security bond for the entire operation;
therefore, the problems at the Steam Plant have not been
resolved by the contractor. It is felt that since the County
Attorney is appointed by the Board of County Commissioners the
Legal Department tends to be at the Board's mercy and does not
always look out for the best interest of the County.
Mr. Carter requested the new Board to set a precedent and
require a contract attorney outside of the County to review all
contracts to ensure that warranties, performance bonds, performance
guarantees, and scheduled guarantees are properly written into
future contracts documents. The Board was also requested to
present the facts to the public when moving forward with a project
and stop misinforming the general public about current or future
projects.
Comments from Mayor Don Betz
Mayor Don Betz, on behalf of the City, congratulated and
welcomed the newly elected Commissioners and stated the City looks
forward to a cooperative working relationship.
Request for a County Ordinance to Regulate, the Number of Animals
owned by a Property Owner in a Subdivision
Mr. Dean. Fittinger, a resident of 302 Goff Drive, a
~
---
I
!
I
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 214
residential community in Castle Hayne, expressed concern for no
County Ordinance regulating the number of animals that can be owned
by a property owner in a residential district. Recently a neighbor
moved into a house on an adjacent lot and placed 13 hunting dogs in
his backyard. The noise and odors have been unbearable. All
County departments have been contacted without any assistance, and
the residents in this area are qui te concerne~. The only
enforceable ordinance is the Noise Ordinance, which is difficult to
enforce since the dogs have to be barking when the Deputy from the
Sheriff's Department arrives at the scene. The Commissioners were
requested to provide some form of relief to this problem.
After a lengthy discussion, the county Manager was requested
to see if any relief can be provided under current ordinances.
BREAK
Chairman Greer called for a break from 7:38 P.M. until 7:48
P.M.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the Consent Agenda as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Renewal of Contract #93-0195 with Attorney Louis K. Newton for Tax
Collections and Foreclosures
The Commissioners renewed the contract with Attorney Louis K.
Newton for tax collections and foreclosures. Mr. Newton's legal
fees are borne by the delinquent taxpayer; therefore, the county
bears no expense. The Chairman was authorized to execute the
contract documents.
A copy of the contract is on file in the Legal Department.
Acceptance of Federal Emergency Management Act (FEMA) Grant for the
Home-Delivered Meals Program and Approval of Budget Amendment #93-
0084
The Commissioners accepted a FEMA grant in the amount of
$8,958 for the Home-Delivered Meals Program, authorized the County
Manager to execute the certification form, and approved the
following Budget Amendment:
93-0084
Department of Aging/Nutrition Home-Delivered Meals
Debit
Credit
Department of Aqinq/Nutrition
Home-Delivered Meals
FEMA Grant
$7,207
FEMA Meals
$7,207
Purpose: To budget Federal Emergency Management Act (FEMA) grant
funds for home-delivered meals. A total of 3,281 meals will be
purchased with the grant funds to help serve about one-third of 75
persons, over 87 years of age, who are currently on the waiting
list. No County match is required. When preparing the current
budget, it was estimated that $1,751 in FEMA funds would be
available; therefore, only the additional $7,207 will be budgeted
even though the grant is for $8,958.
Reclassification of Public Health Nurse I position to Public Health
Nurse II position
The Commissioners approved reclassification of the Public
Health Nurse I position, filled by Mary Joe Newton, to Public
Health Nurse II. Ms. Newton has been assigned as the Hypertension
Program Manager as a result of downsizing and is now performing
responsibilities consistent with a Public Health Nurse II
I
I
~
o
o
o
.
.
.
l<"
~
M~NUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 215
classification. Funds are available in the FY 1992-93 Health
Department Budget to cover the annual salary increase of $2,531.
The salary range will be upgraded from Grade 119 to Grade 121.
Adoption of Resolution for the Sale of surplus Property owned
Jointly by the City of Wilmington and New Hanover county Located at
1314 Orange Street
The Commissioners adopted a resolution accepting an offer in
the amount of $1,350 from James and Berneice Williamson for the
sale of jointly owned City/County property, Tax Parcel #054-06-013-
015-000. The ad valorem tax value as of 1989 is $2,092. This
offer will be duly advertised for upset bid.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 15.
Adoption of Resolutions Requesting the Addition of Roads to the
State Highway system
The Commissioners adopted resolutions requesting the addition
of the following roads to the state Highway System:
Apple Road and Hampton Drive in Walnut Subdivision
Batsonwood Court in Weatherwood Subdivision
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XX, Page 15.
SUPPORT OF PROPOSED LEGISLATIVE GOAL AUTHORIZING COUNTIES TO
PROVIDE PROPERTY TAX INCENTIVE FINANCING OF SIGNIFICANT NEW OR
EXPANDED INDUSTRIAL INVESTMENT
County Manager O'Neal reported on the proposed legislative
goal by the N. C. Association of County Commissioners (NCACC) to
authorize counties to provide property tax incentive financing of
significant new or expanded industrial investment. Such
investments would be assessed for taxation at a percentage of the
appraised value beginning with 50% of value and increasing 10% each
year until such assessment reaches 100% of the appraised v~lue.
Vice-Chairman Mathews and former County Commissioner Fred Retchin
served on the NCACC Legislative Goals Committee and have requested
that the Board support this goal at the Legislative Goals
Conference to be held in Greensboro, North Carolina, on December
10-12, 1992. Support of this goal will reflect New Hanover
County's interest in promoting economic development.
Motion: Commissioner Barone MOVED, SE'CONDED by Chairman Greer to
endorse the proposed legislative goal and authorize the Voting
Delegate, Vice-Chairman Mathews, to vote in support of this goal at
the Legislative Goals Conference. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF FUNDING REQUEST FOR THE NEW HANOVER COUNTY EXTENSION
SERVICE ARBORETUM FOUNDATION, INC.
Mr. Bill Shaw, representing the New Hanover County Extension
Service Arboretum Foundation, Inc., reported on the development of
the Arboretum and stated the project is 80% completed with funds
raised in the amount of $350,000. The county made significant
contributions to assist with establishment of the Arboretum;
however, the on-going maintenance and development costs for the
Arboretum have been borne solely by the Arboretum Foundation during
the past five years. As the six and one-half acre tract has been
more fully developed, the Foundation's fund-raising efforts have
been unable to fund the maintenance expense. The Arboretum
Foundation is requesting funds to cover the maintenance and labor
expenses through the fiscal year in the amount of $10,000 and
$20,000 for future years~
Commissioner Barone commented on the number of dedicated
volunteers, and' stated this facility would not be in existence
without their assistance.
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE ,216
Motion: After further discussion of the outstanding work performed
by volunteers, Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the $10,000 funding request from the general
fund contingency to cover maintenance for the remainder of the
fiscal year and fund part-time labor to assist the volunteers with
development of the Arboretum. The additionai $20,000 will be
considered in the Budget Request for FY 1993-94. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS
Chairman Greer announced that Public Notice had been given
that Public Hearings would be held on Monday, December 7, 1992, at
7:30 P.M. in the Assembly Room of the New Hanover County
Courthouse. He requested that all persons speaking limit their
remarks to three minutes in order to provide an opportunity for all
persons to be heard. Also, if a large group is present, it would
save time to select one or two spokespersons.
PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION ENTERING INTO AN
INSTALLMENT CONTRACT FOR CONSTRUCTION OF THE MID-SOUTH (MYRTLE
GROVE BRANCH LIBRARY) - FINANCE DEPARTMENT
Chairman Greer stated the proposed resolution was presented at
the November 2, meeting; however, a Public Hearing was not held.
In order to comply with the N. C. General Statutes, a Public
Hearing must be held.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to open the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer opened the Public Hearing and asked if anyone
from the general public would like to speak.
No comments were received.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to close the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews introduced and MOVED, SECONDED by
Commissioner Caster, to adopt the resolution to finance the South
Branch Library project through an installment financing contract
with First Union National Bank. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 15.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH
SIDE OF HOLLY SHELTER ROAD EAST OF 1-40 TO 1-2 HEAVY INDUSTRIAL
FROM R-15 RESIDENTIAL (Z-460, 10/92)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
recommended approval of the rezoning request by a 3-2 vote. The
dissenting members argued that the general use 1-2 zoning subjected
adjoining residential properties to unknown and potentially
incompatible uses. Also, concern was expressed for potential
threats to the degradation of the Castle Hayne Aquifer by adding to
the industrial inventory. After further debate, a majority of the
Planning Board members agreed that the proposed rezoning would not
place adjoining land uses in imminent danger, nor would the
protection of the groundwater aquifer be diminished.
The Planning Staff recommended denial of the industrial
expansion feeling that tbe proposed rezoning would create potential
land use conflicts, and that the Planning Board should consider
l
o
o
o
.
.
.
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 217
reclassifying surrounding lands in order to limit the threat of
pollution to the County's aquifer.
Commissioner sisson reported on being contacted by a member of
the Planning Board who was unable to attend the meeting and stated
this member (a professor of geology and an expert on hydrology in
New Hanover County) reported that the vote would have been 3-3 had
he been present. The member had severe reservations about the
compatibility of the I-2 zoning with water quality in the aquifer.
Chairman Greer asked if the purpose of the request is to
square off the I-2 piece of property rather than cut off the corner
as currently zoned?
Planning Director Hayes stated the proposed rezoning would
square off the piece of property and reported that the southern
portion of the property was a part of a large tract o{ land owned
by the federal government. He also reported that the northern
portion of the tract is still owned by the federal government;
therefore, it may be an opportune time to diminish I-2 Zoning in
this area.
commissioner sisson commented on the majority of the Planning
Board members feeling that protection of the groundwater aquifer
would not be diminished by the proposed rezoning and inquired as to
whether the members had reviewed the "Orinkinq Water in New Hanover
County" report published in January, 1989, or the "Environmental
Resources and Constraints in New Hanover Countv" report? He also
inquired as to whether Mr. Rick Shiver, the State's groundwater
expert, had been contacted before reaching this conclusion?
Planning Director Hayes stated staff did call attention to the
danger of heavy industrial zoning in this area as referenced in the
reports; however, the members did not actually review the reports
or discuss the matter with Mr. Shi ver. It was the general
conclusion among those members that the small amount of land
involved would not impact on the aquifer.
Chairman Greer inquired as to whether anyone from the general
public would like to speak on the proposed rezoning request. The
following comments were received:
Ms. Michelle LaBlanc~ a co-owner of lot 0, expressed concern
for additional I-2 Zoning in this area which could contaminate the
groundwater and Castle Hayne Aquifer. In view of the negative
impact to the groundwater and the f~ct that her home is located on
Lot D with a well used for drinking water, she respectfully
requested the Commissioners to deny the rezoning request.
Mr. Marcus John Knox, 724 S. Lumina Avenue, Wrightsville
Beach, N. C., reported on visiting with other adjacent property
owners who are in favor of the proposed rezoning request. He
expressed concern for the contamination of the groundwater being
blown out of proportion and stated he feels the land should be
rezoned in order to bring industry into the area and. good paying
jobs. He stated as a worker who removeS underground storage tanks ,
the most dangerous form of groundwater contamination, no report has
been published by Mr. Rick Shiver concerning the number of
underground storage tanks that may exist in this environmentally
sensitive area. with the small amount of land involved in the
proposed rezoning, Mr. Knox requested the Commissioners to approve
the recommendati,on of the Planning Board and re.zone the property to
I-2 as requested.
Chairman Greer closed the Public Hea~ing.
Discussion was held on establishment of an Overlay pistrict in
this area. Planning Director Hayes reported that the Planning
Staff and Planning Board are trying to provide more local control
over the type of industry that may locate in this area. Under the
~
(/
I
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 218
present regulations, there is no local permitting process. Some
heavy industrial uses are acceptable; however, each use should be
reviewed. Establishment of an Overlay District or some form of
review procedure would be advantageous.
Vice-Chairman Mathews commented on the need to bring industry
into the area but expressed concern for a lack of control over some
1-2 uses and stated he would be in favor of developing an Overlay
District.
Motion: After discussion of all permitted uses in the 1-2 Zone,
Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to
deny the 1-2 zoning request and instruct the Planning Board to
initiate the process of developing an Overlay District for the
primary and secondary aquifer recharge areas in the Castle Hayne
area to enable the County to have more control over the uses.
Substitute Motion: Commissioner Barone MOVED to accept the Planning
Board's recommendation as presented for the purpose of squaring off
this parcel of land and also direct staff to come back with an
Overlay District recommendation to include this area. The MOTION
FAILED DUE TO NOT RECEIVING A SECOND.
Chairman Greer called for a vote on the ORIGINAL MOTION to
deny the rezoning request and direct the Planning Board to develop
an Overlay District for this area. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Discussion of Rules of Procedure for the Board of county
Commissioners
Discussion was held on Rules of Procedure for the Board of
County Commissioners. County Attorney Copley reported that rules
are being developed and will be presented to the Commissioners in
the very near future.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT TWO DUPLEXES AT 242 GREENVILLE AVENUE (S-344, 10/92)
Chairman Greer opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to speak must be sworn in by the Clerk to the
Board.
The following person was sworn in:
Eugene C. Davis, Jr.
Planning Director Hayes reported that the Planning Board
unanimously recommended approval of the applicant's petition to
construct duplexes on 242 Greenville Avenue. The Board noted that
all minimum zoning requirements could be easily met and that the
uses proposed were not incompatible with nearby land uses. No
opposition was presented at the P~anning Board meeting.
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 has direct access to Greenville Avenue.
-The site is located within the Seagate Volunteer Fire
Department District.
l
o
()
o
.
.
.
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 219
-Adequate water and sewer services are available to serve the
site.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
-The property is zoned R-10 Residential. Duplexes are
permitted by Special Use Permit under this zoning designation.
-A minimum lot area of 15,000 square feet is required per
duplex. A minimum lot area of 10,000 square feet is required
for a single-family structure. The site is currently occupied
by two duplexes and one mobile home. The site consists of
75 , 483 square feet. Based on the site I s tota I square footage,
enough land is available to accommodate two additional
duplexes.
-section 63 of the Zoning Ordinance permits the erection of
more than one structure on a lot if each structure meets the
yard requirements and other conditions of the Ordinance as
though it was on an individual lot.
-Adequate land area is available to accommodate off-street
parking.
General Reauirement #3: The proposed use will not injure the value
of adjoining property based upon the fOllowing findings:
-The site is already occupied by two duplexes and a mobile
home. High density development (Wrightsville Green
Subdivision) is located to the east.
General Reauirement #4: The proposed use will be in harmony with
the area based upon the following findings:
-Development in the general area consists of mobile homes,
patio homes, duplexes, and older wood-frame single-family
structures.
-The area is classified Transition on the County Land
Classification Map. The proposed use is consistent with that
classification.
Chairman Greer inquired as to whether the petitioner, the only
person sworn in, would like to comment.
Mr. Eugene C. Davis, Jr., the petitioner, requested approval
of the request in order to construct the duplexes as proposed and
stated all the requirements have been met.
Chairman Greer asked Mr. Davis if he agreed with the findings
of fact as presented by -the Planning staff. Mr. Davis concurred
with the findings as presented.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to approve granting a Special Use Permit for construction of
two duplexes at 242 Greenville Avenue based upon the evidence
presented and finding of facts concluding that the four general
requirements have been satisfactorily met as follows: . (1) the
proposed use will not materially endanger the public health or
safety; (2) the proposed use meets all required conditions and
specifications of the Zoning Ordinance; (3) the proposed use will
not injure the value of adjoining property; and (4) the proposed
use will be in harmony with the area. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
~
(
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 220
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 4.
PUBLIC HEARING TO CONSIDER MODIFICATION OF A SPECIAL USE PERMIT FOR
REASSIGNING NON-RESIDENTIAL OFF-STREET PARKING FROM THE BRIDGE
TENDER RESTAURANT TO THE FISH HOUSE GRILL (S-319, 9/90, 11/92)
Chairman Greer opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to speak must be sworn in by the Clerk to the
Board.
()
The following person was sworn in:
Estelle F. Baker
Planning Director Hayes reported that the Planning Board
approved the modification ,of Special Use Permit 319 by a 4-1 vote
at its November, 1992 meeting. The majority of members felt that
changes would be minor with minimal impact to the surrounding area.
The lone dissenter argued that modification should include the
suggestions of the Planning Staff concerning parking and setbacks
along the shoulder of Airlie Road as listed in the staff findings.
No one from the general public spoke in opposition at the Planning
Board meeting.
The Planning Board also recommended that a request be made to
the North Carolina Department of Tra~sportation to reduce the speed
limit along Airlie Road to 25 miles per hour, beginning at Bradley
Creek Point Subdivision and running to the intersection at U. S.
Highway 74-76. It is believed that lowering the speed limit will
reduce the accident risk on the road, which is frequently congested
by cars and pedestrians during the peak tourist periods.
The following staff findings were presented:
()
-The applicant seeks to allocate off-street parking previously
conferred by a Special Use Permit for the Bridge Tender
Restaurant to the Hanover Fishing Center and to provide an
additional driveway entrance to the lot from Airlie Road. The
center consists of a charter boat service, a small gift shop,
and a small restaurant. This complex, the Bridge Tender
Restaurant, and Marina require a total of 130 off-street
parking spaces. According to Zoning Enforcement, parking is
allocated to the above uses as follows:
Hanover Fishinq Center
No. Provided
No. Required
-Charter Boat Service
-Gift Shop
-Food Grill
18
17
(*Note: Three water-oriented spaces are provided for the food
grill pursuant to the Zoning Ordinance. Also, several of the
spaces in the subject parking lot are currently reserved for
the charter boat captains associated with Hanover Fishing
Center. The sixteen spaces in the last Special use Permit are
used by the Fishing Center and the Bridge Tender Restaurant.)
Bridge Tender Restaurant & Marina
-Restaurant
-Marina
129
113
()
-All property in the area is zoned R-15 Residential. No new
construction is proposed. Existing uses would be utilized.
Field observations and site plan review reveal the following
with Staff recommendations indicated by the bold print.
Not all existing parking spaces are marked but should be.
Some vehicles park on ~he shoulder of Airlie Road. No
~
, I
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 221
parking should be allowed along the road's shoulder.
Also, all parking lot areas should be set back at least
10 feet from the street. ~
.
Several of the landscaped islands, including.' their
curbing along the street have been destroyed. These
should be replaced and measures should be taken to
provide barriers and landscaping along the edge of the
road to prevent illegal parking.
Several large Ii ve oaks are located on the property.
Efforts should be undertaken to ensure that the trees are
not removed or destroyed.
The site plan indicates that the driveway entrance would
be located near the southern end of the tract. The N. C.
Department of Transportation driveway permit application
indicates the driveway would be centered on the property.
A revised site plan will be required.
Chairman Greer commented on the request being logical,
particularly since the lot has been used previously in this manner,
and stated he does not feel the conditions recommended by the
Planning Staff are necessary.
Chairman Greer asked the petitioner if she would like to
speak.
.
Ms. Estelle F. Baker, the petitioner, reported on the need to
modify the Special Use Permit in order to access the parking lot by
Airlie Road. The N. C. Department of Transportation has approved
the driveway permit. The Commissioners were requested to modify
the Special Use Permit in order to reassign non-residential off-
street parking from the Bridge Tender Restaurant to the Fish House
Grill on Airlie Road and add the second driveway entrance.
commissioner Sisson inquired as to whether Ms. Baker would
object to the Planning Staff's recommendation to eliminate the
parking along Airlie Road?
Ms. Baker strongly objected to the recommendation since
parking spaces were included in the permitted parking approved by
the County a~d that, in her opinion, relinquishing any parking
spaces would be detrimental to the business.
Planning Director Hayes reported that parking spaces along the
right-of-way on Airlie Road are illegal spaces and have never been
counted as permitted parking spaces. These spaces have been
removed from the site plans submitted by the property owner.
Ms. Baker stated after talking to the Inspections Department,
it was her impression that parking was allowed along Airlie Road.
.
Planning Director Hayes stated the County Zoning Ordinance
specifically states that no parking shall be allowed within 10 feet
of the right-of-way. In this case, there is no right-of-way;
therefore, the ordinance has been interpreted to allow no parking
within 10 feet of the edge of the pavement.
A lengthy discussion was held on the danger of parking along
Airlie Road and the problem with parking enforcement. .Planning
Director Hayes stated the County is responsible for enforcement
since the State does not have jurisdiction.
commissioner Sisson expressed concern for public safety and
inquired as to whether the County Zoning Ordinance is being
violated if parking is being allowed along the edge of the road?
Assistant ,County Attorney, Kemp Burpeau, stated the Z.oning
Ordinance requirements would have to be met when granting a Special
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 222
Use Permit.
Ms. Baker reminded Commissioner sisson that the request is
for modification of the present Special Use pe;rmit, not for
issuance of a new permit.
commissioner Barone recommended reducing the speed limit to 25
miles per hour to protect the pUblic safety.
Chairman Greer closed the Public Hearing.
o
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve modification of the Special Use Permit to allow
entrance to the property without the conditions recommended by the
Planning Staff. This action is based upon the evidence presented
and the findings of fact satisfactorily meeting the four general
requirements as follows: (1) the use will not materially endanger
the public health or safety; (2) the use meets all required
conditions and specifications of the Zoning Ordinance; (3) the use
will not injure the value of adjoining property; and (4) the use
will be in harmony with the area. The Chairman was authorized to
write a letter to the N. C. Department of Transportation requesting
that the speed limit be reduced to 25 miles per hour on Airlie
Road. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
A copy of the modified Special Use Permit is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 4.
()
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A FIRE STATION ON THE NORTH SIDE OF PORTERS NECK ROAD
EAST OF EDGEWATER CLUB ROAD (S-345, 11/92)
Chairman Greer opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
all persons wishing to speak must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dr. James R. Dineen
Ms. Margo Johnston
Mr. Larry Sneeden
Mr. F. Spuhler
Mr. William Johnson
Mr. John Rauseo
Ms. Sandra Marley
Mr. Robert C. Murray, III
Mr. Charles Stroud
Mr. G. S. Simmons
Mr. Gary Cummins
Mr. Conrad Lowman
Chief Marion Covil
o
Planning Director Hayes reported the Planning Board voted
three to two to recommend approval of the special Use Permit to
allow the Ogden Volunteer Fire Department to construct a satellite
fire station on Porters Neck Road. The members voting for the
proposal felt that if site development conditions were properly
controlled, the station would not necessarily be incompatible with
the general area. Those members dissenting felt that a better site
could be selected. Persons attending the meeting expressed concern
for the fire station being disruptive to residential uses, causing
property values to decline, and adding to existing traffic hazards
~
..,.1 ')' ~ ' ~
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 223
at the intersection with Edgewater Club Road.
The follo~ing 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 facility will have direct access to Porters Neck Road, a
state-maintained street.
-Water service will be provided by an on-site well.
will be provided by the County.
Sewer
-The use of the property as a fire station is by its very
nature intended to preserve the 'public health and safety.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
-The property selected for the fire station is zoned R-20
Residential. The minimum setbacks specified for this zoning
district can be easily met. .
-The Zoning Ordinance establishes no special conditions for
the construction of a fire station. It only states that
government offices, buildings, and related structures and uses
must obtain a Special Use Permit.
General Reauirement #3: The proposed use will not injure the value
of adjoining property based upon the following findings:
.
-The site is an out-parcel of the Champ Davis Foundation
property and has frontage along Porters Neck Road. It is
located just west of the Cornelia Nixon Davis Nursing Home and
Plantation Village, a retirement village consisting of
attaehed dwelling units.
-The presence of a fire station will increase response time to
fire calls in the area.
-The site is heavily wooded and if on-site vegetation removal
is kept to a minimum, single family uses located to the west
and south would retain a moderate amount of visual protection.
General Reauirement #4: The proposed use will be in harmony with
the area based upon the following findings:
-The fire station will be located on the Champ Davis
Foundation property. A portion of the Foundation property is
occupied by a nursing home. The nursing home property was
rezoned recently to CD(O-I) to allow an existing manager's
residence to be used as a doctor's office.
.
-Fire houses and similar facilities have traditionally been
located throughout a community to promote efficiency in
response times and to provide comprehensive service.
Chairman Greer inquired as to whether any persons who have
been sworn in would like to comment on the issuance of the Special
Use Permit. The following remarks were received:
Dr. James R. Dineen, a resident of 120 Beach Road, South~
Figure Eight Island, stated a fire station is badly needed in this
area, particularly, with the Davis Nursing Home which houses 199
elderly, frail people; 140 families living in Porters Neck; 200
retired persons living at Plantation Village with access for 100
more persons; 30 houses with plans for 1,500 houses at Country Club
Plantation and plans for 500 condominiums across the street; and
~
(
. ( ,
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 224
320 houses on Figure Eight Island. Emphasis was placed on the need
to save lives and the horrible disaster that could occur with a
uncontrolled fire. He urged the Board to approve the Special Use
Permit to locate an auxiliary fire station on the proposed site.
Mr. Ralph Spuhler, a resident of 813 Porters Neck Road,
presented pictures and a petition signed by 74 residents in the
area stating they do not object to location of a Fire station in
the area, but are opposed to the site selected. The residents are
concerned that placement of a fire station on this site will
devalue property, create a traffic hazard at the intersection of
Edgewater Club Road, create noise, and be in non-compliance with
the Porters Neck Neighborhood Plan. The residents requested that
another site be considered.
Mr. William Johnson, 617 Porters Neck Road, expressed concern
for the proposed site and stated developers should plan for
appropriate locations for fire stations or other public facilities
when submitting preliminary plans.
Ms. Margaret Johnson, representing the Figure Eight Beach
Homeowners Association, stated the Board of Directors is very much
in favor of constructing the Fire station on the proposed location
since it is convenient to both Figure Eight Island, Edgewater Club
Road and Porters Neck. Emphasis was placed on the need to provide
proper fire protection.
Mr. Robert C. Murray, III, an adjacent property owner to the
proposed site, commented on the need for a fire station and stated
he and his aunt are very much in favor of this location. He
stressed the importance of providing fire protection.
Mr. Larry Sneeden, representing the Ogden Volunteer Fire
Department, stated the proposed satellite fire station will be used
in conjunction with the Ogden Volunteer Fire Department and will be
unmanned most of the time. The facility will not be used as a
meeting house or training area but will be used as a storage
location for equipment. The facility will have a lounge and small
sleeping quarters if firemen should need to stay overnight. When
responding to a fire, each fireman will be contacted by a beeper
without use of a loud siren or alarm. It is estimated that only 2-
3 calls will be received per week, which is not an intense use. In
order to protect the Porters Neck area, it is felt that a fire
station should be located in the area.
Mr. Sneeden presented the following evidence to substantiate
that the proposed use does meet the four general requirements: (1)
the proposed use will not materially endanger the public health or
safety based upon the location being on a State Maintained Road
with a driveway permit approved by the N. C. Department of
Transportation and the fact that this location will decrease the
fire response time and enhance the public safety of the area; (2)
the proposed use meets all required conditions and specifications
of the Zoning Ordinance since the County Planning Staff and County
Code Enforcement Officer have reviewed and approved the site plan
as to compliance; ,(3) the use will not injure, the value of
adjoining property based upon the setback of the building and
heavily wooded lot which will retain a moderate amount of visual
protection and afford better fire protection to the homeowners in
the area; and (4) the use will be in harmony with the area based
upon the need to provide an efficient fire response to the
residents in the community and the fact that similar facilities are
located in communities throughout the county.
Vice-Chairman Mathews inquired as to the actual setback
distance of the building? Mr. Sneeden stated the closest point of
the building will be 100 feet back from the right-of-way with 35-70
feet of uncleared on-site vegetation.
Vice-Chairman Mathews inquired as to whether an alternate site
i
~
()
()
()
.
.
.
..-1,- "",t;.
~
" , .
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 225
had been considered? Mr. Sneeden stated he was not aware of an
alternate site; therefore, he could not respond to this question.
'Mr. Marion Covil, Chief of the Ogden Volunteer Fire
Department, stated another site located on Futch Creek Road was
given consideration; however, due to a ~onger.distance and sharp
curves in the road, it was felt that the proposed site would
provide a better response time and be more centrally located to the
area and surrounding volunteer fire departments.
commissioner sisson commented on the hook and ladder piece of
equipment purchased by the Ogden Volunteer Fire Department to
respond to high structures on Figure Eight Island and inquired as
to whether this unit will be stored at the fire station? He also
commented on the projected growth for this area and inquired as to
how much equipment will have to be stored at the fire station
within the next 5-10 years?
Chief Covil stated the platform was purchased to be used
throughout the entire County, not just for Figure Eight Island.
Discussion did occur on whether this equipment should be placed at
the fire station; however, it was decided that the equipment will
not be stored at the proposed location. In order to obtain ISO
ratings from the N. C. Department of Insurance, a pumper and tanker
must be located on site; therefore, a pumper, tanker and sma,ll
brush truck will be located at the fire station. As to the amount
of equipment stored in the future, it would be diff icul t to
project. If future developers install adequate water systems with
fire hydrants, two trucks at the fire station with mutual aid from
other volunteers fire departments should be adequate for a long
period of time.
Vice-Chairman Mathews inquired as to whether this site ~ould
be the best location and would traffic become a problem to the
area?
Chief Covil stated additional traffic now occurs with a fire
response and in his opinion no additional traffic will be
generated. The proposed ~ite is the best central location for the
fire station.
commissioner Sisson inquired as to whether the State would
place an emergency ingress signal to warn traffic to stop when the
fire engine is going in or coming out.
Chief covil stated the City of Wilmington paid for and erected
their emergency signals, which was quite costly; however, in order
for the State to erect an emergency signal a traffic study
justifying the need must be performed by the N. C. Department of
Transportation with final approval by the N. C. Legislature.
Mr. John Rauseo, 102 Edgewater Road, presented a map of the
area and stated the major:j.ty of property owners desire a fire
station but are opposed to the site because of property devaluation
to adjacent and surrounding homes. The Commissioners were
requested to deny issuance of the Special Use Permit.
Mr. Conrad Lowman, 8537 Bald Eagle Lane, commended the Ogden
Volunteer Fire Department for desiring to provide better fire
protection to the area and recommended locating a fire station on
U. S. Highway 17 instead. of down Porters Neck Road. Concern was
expressed for the traffic hazard at the intersection of Edgewater
Club Road.
Mr. Gary Cummins, a resident of 802 Porters Neck Road,
requested imposing the following conditions if a Special Use Permit
is granted: (1) the fire station will not be used for social
gatherings; (2) the fire station will not be used for fund raising
events; and (3) the fire station will not be u~ed as a polling
place. Concern was expressed for noise and traffic to surrounding
....1
(
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 226
property owners.
Ms. Sandra Marley, 605 Porters Neck Road, objected to the proposed
location and stated the traffic at this intersection is already
dangerous. She recommended that the Ogden Volunteer Fire
Department consider a site located on U. S. Highway 17.
Chairman Greer closed the Public Hearing.
commissioner Caster commented on all residents being in favor
of a fire station, but opposed to the location and recommended
considering a site on U. S. Highway 17. He also expressed concern
for expansion of the fire station with the projected future growth
in this area.
commissioner Barone expressed concern for future growth and
stated in all probability, the fire station would have to be
expended. She recommended investigating two or three more sites
that would better accommodate long-range needs.
Chief Covil commented on investigating a site on U. S. Highway
17 and stated with the proposed Northern Outer Loop, the station
might have to be moved in the future; therefore, this site was not
considered. The Futch Creek Road site would also be impacted by
the Northern Outer Loop as well as increase distance for the
response time; therefore, this site was not considered. The most
centrally located site within the 5-mile radius required by the
North Carolina Department of Insurance for ISO ratings is the
proposed location.
Motion: After further discussion, commissioner Barone MOVED,
SECONDED by Commissioner Caster to request the Ogden Volunteer Fire
Department to consider other locations for placement of the fire
station and direct the Planning Staff to provide assistance and
work with the residents of the area on the proposed sites with
another proposal being presented to the Board of County
Commissioners as soon as possible. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
commissioner Sisson inquired as to whether the Porters Neck
Neighborhood Plan was considered when the proposed site was
selected?
Planning Director Hayes reported the plan does not contain
specific statements about fire service; therefore, it was not
considered.
Commissioner Sisson expressed concern for no consideration
being gi ven by the Planning Board for location of emergency
response facilities in neighborhood plans. He recommended that
future neighborhood plans include compatible areas for emergency
response services and stated possibly the existing plans should be
reviewed for appropriate emergency response sites.
Planning Director Hayes reported that traffic circulation is
considered when developing a neighborhood plan, which includes
emergency accessibility; however, emergency response is dictated by
the routes available to the site. When developing the Middle Sound
Neighborhood plan, an additional access was obtained and approved
by the N. C. Department of Transportation for emergency response.
.
PUBLIC HEARING TO CONSIDER A REQUEST TO ASSIGN HOUSE NUMBERS TO
HUBERT DRIVE IN THE CASTLE HAYNE COMMUNITY
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported on Hubert Drive which is an
unimproved road that has a length of approximately 1,100 feet and
serves as access to five residential homes. Presently, most of
these homes or properties do not have sequential numbering that is
~
o
()
()
.
.
.
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 227
consistent with the County's numbering system; therefore, in order
to accurately identify the property for delivery of services and
emergency response, the Planning staff recommends assignment or
reassignment of house numbers on Hubert Drive.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed house number
assignments.
No comments were received.
Chairman Greer closed the Public Hearing.
commissioner sisson commented on the changes of address by the
County's numbering system and stated in one case the U. S. Post
Office was not notified. He inquired as to whether this problem
has been resolved?
Planning Director Hayes reported that adequate notice is given
to property owners and to the U. S. Post Office.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt an order assigning or reassigning house numbers on
Hubert Drive as recommended by the Planning Staff. 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 15.
BREAK
Chairman Greer called for a break from 10:00 P.M. until 10:15
P.M.
APPROVAL OF BUDGET AMENDMENT 93-0086 FOR FUNDING OF HANGAR
RENOVATIONS AT NEW HANOVER INTERNATIONAL AIRPORT
Airport Director, Robert J. Kemp, reported on an attempt ,by
the Airport Authority to secure a new tenant to occupy the former
USAir maintenance fa,cility at the airport. While the hangar
structure is sound, the following renovations are needed:
Enclose End of Hangar and Doors
A. 6 section sliding doors with electric drive
B. Transition Section .
C. Site/Building Preparation
D. Plus Design,Inspection, Admin.
Subtotal
$ 57,500
42,000
34,000
19.000
$152,500
Misc. Roof Repairs, Lighting, Etc.
A. spot Replacement Roof
B. All New Lighting/Elect.
C. Heating and Ventilation
D. Insulation Roof/Walls
E. Upgrade Restrooms, Misc. Int.
F. Design, Inspection, Admin.
Subtotal
$ 12,000
40,000
35,000
42,000
54,000
20.000
$203,000
Contingency
35.550
TOTAL
$391,050
The Airport Authority is currently in serlOUS negotiations
wi th a tenant for use of the hangar and the structure must be
renovated. He requested the Commissioners to approve additional
funding in the amount of $391,000.
Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the following Budget Amendment for allocation of funding
~
(
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 228
in the amount of $391,000 for renovation of the USAir hangar. The
floor was opened for discussion.
commissioner sisson commented on the public perception of cost
control at the Airport and inquired as to whether other companies
would be interested in using the hangar if the current negotiations
do not culminate?
Airport Director Kemp reported that two other parties are
interested and have contacted the Airport, one a regional airline
and the other an aeronautical industry. These options have not
been pursued because of the current negotiations; however, if the
present negotiations do not finalize, the other companies will be
contacted.
()
commissioner Sisson commented on the need to repair the hangar
and stressed the importance of the public being assured that
revenue will be generated from the County funding appropriation.
Airport Director Kemp stated if an appropriate lease is
negotiated, there is a potential for generation of revenue that
will allow the funds to be returned to the County at some point and
time in the future.
Chairman Greer recommended that if at all possible the Airport
should reimburse the County since the money is being removed from
the County's fund balance.
commissioner Caster inquired as to the time projected for
completion of the hangar renovation. Airport Director Kemp
projected approximately six months.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
()
Mr. William Funderburg, a concerned citizen, inquired as to
why the Airport Authority did not borrow these funds? He expressed
concern for the amount of funds already given to the Airport from
the fund balance and cautioned, as a taxpayer, continuing to fund
the Airport particularly when the County has such tight budget
constraints.
Director Kemp stated the Airport Authority did not attempt to
borrow money for this project because its borrowing capacity is
needed and will be used for other long-range projects.
Mr. Funderburg objected to approval of the funding request and
expressed concern for the various County needs and the fact that
County employees have not received a merit raise for the past two
years while assuming additional responsibilities due to downsizing
and budget constraints.
Chairman Greer commented on County funds budgeted for the
Airport and stated due to the efficient operation of the Airport,
the anticipated amount of funds have not been requested.
Mr. Funderburg stated with the amount of state and federal
grants recei ved, the Airport should not have to request any
additional funding.
()
commissioner Barone recommended that some form 'of repaYment
agreement be prepared.
County Attorney Copley recommended drafting a Letter of
Agreement with the Airport Authority specifying certain conditions
that will require repaYment over a certain number of years if a
tenant is obtained and revenue is generated.
Amended Motion: Commissioner Barone AMENDED THE MOTION, SECONDED
by Commissioner Caster to approve the Budget Amendment for the
.
.
.
"."
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 229
allocation of $391,000 to the Airport for improvement of the USAir
hangar with staff preparing a Letter of Agreement between New
Hanover County and the Airport Authority to require some form of
payback once a tenant is obtained. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
BUDGET AMENDMENT
93-0086 Commissioners' Office/outside Agencies/Economic' Physical
Development - Airport
Debit
Credit
commissioners' Office
Appropriated Fund Balance
$391,000
outside Aqencies/Economic Physical Development
Transfer to Airport
$391,000
commissioner Sisson requested a copy of the Airport's long-
range plan.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER , SEWER DISTRICT
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to convene from Regular Session to hold a meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 10:28 P.M.
Motion: Vice--Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer reconverted to Regular Session at 10:31 P.M.
POSTPONEMENT OF COHKITTEE APPOINTMENTS
Chairman Greer reported on committee vacancies on the Board of
Health and Human Relations Commission and recommended postponement
of the appointments since the newly elected County Commissioners
desire more time to review the applications. .
commissioner Sisson stressed the importance of contacting each
applicant before deciding on appointments and reported he had
requested the postponement in order to have time to contact each
person.
Consensus: After further discussion, it was the consensus of the
Board to postpone committee appointments until December 21, 1992.
ADDITIONAL ITEMS - COUNTY COHKISSIONERS
Planning Board Deliberat~ons
Commissioner Sisson expressed co~cern for Planning Board
deliberations not including references to neighborhood plans in the
recommendations presented to the Board of County Commissioners. He
also expressed concern for the Technical Review Committee's
authority to eliminate streets that have been approved in
subdivisions and suggested that the Commissioners may wish to
review this procedure.
Consensus: After further discussion, it was the consensus of the
Board to authorize the County Manager to place the duties and
responsibilities of the Technical Review Committee on the next
agenda and to schedule a Work Session with the Planning Staff and
members of the Planning Board to discuss neighborhood plans and
other items of concern.
Discuss~on of Legislative Goals for Conference
Vice-Chairman Mathews inquired as to any concerns about the
~
I
I
{
MINUTES OF REGULAR MEETING, DECEMBER 7, 19.92
PAGE 230
proposed Legislative Goals by the N. C. Association of County
Commissioners to be voted on at the Legislative Briefing to be held
in Greensboro, N. C., on December 10-12, 1992?
Chairman Greer expressed opposition to any Legislative Goals
requesting funding for new programs.
Commissioner sisson commented on the court case referred to as
Melkonean's Rule and stated this ruling removes local jurisdiction
over where bars and other establishments commercially selling
alcoholic beverages can be located. According to the court' s
interpretation, this decision is solely under the authority of the
state ABC Board. In order to change this ruling, legislation will
be required, and Frank Block introduced a bill that is still in
committee; therefore, he would like to obtain the support of N. C.
Association of County Commissioners for passage of this
legislation.
County Manager O'Neal requested Assistant County Attorney,
Kemp Burpeau, to prepare a brief report on the ruling so this can
be presented to the N. C. Association of County Commissioners at
the Legislative Briefing.
ADOPTION OF RESOLUTIONS APPROVING PUBLIC OFFICIAL BONDS
County Attorney Copley presented resolutions approving public
official bonds pursuant to the requirements of Chapter 109 of the
North Carolina General statues as follows:
Finance Officer
Register of Deeds
Sheriff
Tax Collector
ABC Board
$ 50,000 Bond
$ 50,000 Bond
$ 5,000 Bond
$100,000 Bond
$ 5,000 Bond
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to adopt resolutions approving public official bonds as
presented and to authorize the Chairman to execute the bonds. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XX, Page 15.
EXECUTIVE SESSION
County Manager O'Neal requested an Executive Session to
discuss an industrial location matter and property acquisition.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to convene from Regular Session to Executive Session. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened to Executive Session at 10:45 P.M.
SECONDED by Commissioner
Upon vote, the MOTION
Motion: Vice-Chairman Mathews MOVED,
Caster to reconvene to Regular Session.
CARRIED UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:30 P.M.
AUTHORIZATION FOR PURCHASE OF PARK LAND
Chairman Greer reported while in Executive Session it was
decided to purchase additional park land and requested a motion to
officially authorize staff to proceed with the purchase.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to authorize staff to .proceed with the purchase of
approximately 14 acres of park land adjacent to the County owned
park land in Ogden at a price of $177,000 with the exact acreage to
be determined by a survey. The funds are to come from the parks
bond proceeds. Upon vote, the MOTIO~ CARRIED UNANIMOUSLY.
~
()
()
()
.
.
.
~
MINUTES OF REGULAR MEETING, DECEMBER 7, 1992
PAGE 231
ADJOURNMENT
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 11:34 P.M.
~eC~~d'
~ F. Harrell
Clerk to the Board
~