Loading...
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 ~