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1990-05-07 Regular Meeting ~ .4'7 MINUTES OF REGULAR MEETING, MAY 7, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 7, 1990, at 7:30 o'clock 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.; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert Corbett, Jr.; Chairman Fred Retchin; County Manager, Allen O'Neal; County Attorney Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Jerry Nordsiek, Pastor of St. Matthew Lutheran Church, gave the invocation. Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OFJ MINUTES Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to approve the minutes of the Regular Meeting of April 2, 1990, and April 16, 1990, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. . WITHDRAWAL OF ITEM #15, PUBLIC HEARING TO CONSIDER REQUEST TO MODIFY THE SUBDIVISION ORDINANCE TO REQUIRE ALL DRAINAGE, UTILITY, AND ROAD DESIGNS BE PREPARED BY A PROFESSIONAL ENGINEER OR REGISTERED LAND SURVEYOR (A-211) Chairman Retchin requested removal of Item #15 since this item was incorrectly placed on the agenda. Consensus: It was the consensus of the Board to remove Item #15 as requested by the Chairman. NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to present an item not listed on the Regular Agenda or discuss an item listed on the Consent Agenda. The following issues were presented: Adoption of Proclamation Designating the Week of May 14-20, 1990, as DELTA SIGMA THETA SORORITY WEEK Chairman Retchin read a proclamation designating the Week of May 14-20, 1990, as Delta Sigma Theta Sorority Week in New Hanover County. He commented on Delta Sigma Theta celebrating 50 years of service and commended members of the sorority for the dedicated and conscientious service they have given to the community. . Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to adopt the proclamation declaring the week of May 14-20, 1990, as DELTA SIGMA THETA SORORITY WEEK in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 11. Denial of Request to Declare a Moratorium on Construction of Fraternity Housing on Racine Drive Mr. James H. Medlin, Jr., representing the College Acres Subdivision and Dixon Acres Subdivision, commented on a resolution adopted by the Planning Commission and requested the Commissioners to declare a moratorium on construction of the Greek Row project until the existing Zoning Ordinance can be properly interpreted. He expressed concern for an increase in traffic, noise, litter, and the devaluation of property in the surrounding neighborhoods when fraternities and sororities are ~ (~ 48 MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) permitted in a residential area. Mr. Medlin emphasized the importance of this type of housing being constructed on campus. Chairman Retchin stated after discussion of this issue at the meeting of April 2, 1990, the Commissioners felt a moratorium could not legally be declared since the property is commercially zoned and permits housing of this type. commissioner Barfield strongly objected to an advisory board appointed by the Board of Commissioners adopting a resolution involving a sensitive and controversial issue without first discussing the matter with the Chairman of the Board. He also objected to an issue of this type being presented as a 3-minute item. () Mr. William Sisson, a member of the Planning Commission, commented on the existing Zoning Ordinance stating there is a question as to whether or not the County Zoning Ordinance permits this type of housing in a commercially zoned area; therefore, the Planning Commission respectfully requests additional time for the Legal Department to reconsider the interpretation of the ordinance. Chairman Retchin expressed concern for the interpretation issue not being presented in advance of this meeting, or this issue not clearly being stated in the adopted resolution by the Planning Commission. Motion: After discussion of the proposed fraternity housing being an important and sensitive issue, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to defer action and place this item on the next agenda. The floor was opened for discussion. Mr. Sisson stated the developer is to secure a building () permit within the next week; therefore, this item should not be deferred. Commissioner Mathews inquired as to whether or not the Planning Commission discussed the interpretation issue with the Legal Department before preparation and adoption of the resolution. Mr. Michael Jordan, a member of the Planning Commission, stated the Commission initially requested the assistance of Mr. Kemp Burpeau, the Assistant County Attorney, to study this issue. He contacted universities throughout the State and the Attorney General's office with the finding that fraternities can be housed on campus. Also, the Planning Commission contacted Mr. David W. Owens, an Attorney at the Institute of Government, who stated if the proposed use is ascertained to have a crucial impact upon the surrounding residential neighborhoods, the Board of Commissioners can declare a temporary moratorium to allow the governing body to properly address the issue. Mr. Jordan requested the Commissioners to provide a temporary delay on issuance of the building permit in order to fairly resolve this matter. Planning Director Hayes stated the duty of the Board of Commissioners was performed when denying the request to declare a moratorium on April 2, 1990, and that the question of enforcement and issuance of the building permit is up to the Director of Inspections. Director Hayes stated the interpretation of the 0 Zoning Ordinance is the duty and responsibility of the Zoning Board of Adjustment. He stated the Planning Commission, -- following the denial for declaring a moratorium by the Board of Commissioners on April 2, 1990, directed the Planning Staff to revise and amend the present Zoning Ordinance to clarify the definition of fraternity and sorority housing. A Text Amendment was prepared and presented to the Planning Commission last week. County Attorney Pope stated he understands that the Inspections Department has received a formal application for issuance of a building permit and that the Director of Inspections has indicated that if the application is complete, he feels there is no reason to deny issuing the permit. He ~ MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 49 ~ stated if anyone objects to the ruling by the Director of Inspections, they may appeal to the Zoning Board of Adjustment. Mr. Lonnie Williams, the attorney representing the developer, expressed concern for an advisory board rendering legal advise. He stated building permits have been issued; however, the point to consider is the fact that the Board of Commissioners cannot legally declare a moratorium, and to do so would be grossly unfair to the developer who has invested money in the plan and project. . Commissioner O'Neal stressed the importance of following the advice of the County Attorney and stated if anyone desires to appeal, they may do so through the Zoning Board of Adjustment and the courts. He also expressed concern for members of the Planning Commission acting as legal advisors to the community and instructed Mr. Jordan to decide whether he is a spokesman for neighborhoods or an objective member of the Planning Commission. Motion Withdrawn: Commissioner Barfield, again, reiterated his concern for the manner in which the Planning Commission presented the item, particularly on an issue of this type and WITHDREW HIS MOTION. NO ACTION WAS TAKEN. APPROVAL OF CONSENT AGENDA Commissioner Barfield requested removal of Item #8 with this matter to be addressed by the County Manager as a regular item later in the meeting. Motion: After further discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Barfield to remove Item #8 as requested and approve the remainj,ng items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. . CONSENT AGENDA Approval of Landfill Tip Fee Waiver for Cape Fear Gospel Rescue Mission The Commissioners approved a waiver of disposal fees at the landfill for the Cape Fear Gospel Rescue Mission since fees are being waived for the Goodwill Industries. Reclassification of Administrative Assistant I Position to Administrative Officer I Home Health Program Health Department The Commissioners approved reclassification' of an Administrative Assistant I position (Grade 63, Range $16,558 to $21,673) to an Administrative Officer I position (Grade 67, Range $20,149 to $26,371) in the Home Health Program at the Health Department. This reclassification requires no increase in the budget. Approval of Amendments to the By-Laws and Collection Policy of the New Hanover County Museum The Commissioners approved amendments to the By-laws and Collection Policy of the New Hanover County Museum as recommended by the Museum Board of Trustees. . Copies of the amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 11. Adoption of Resolution Adding a Road to the State Maintained Secondary Road System The Commissioners adopted a resolution adding State Road 1630 in Masonboro State Park (Division File #641-N) to the State Maintained Secondary Road System. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XVIII, Page 11. j ( 5 0 - MINUTES OF REGULAR MEETING. MAY 7. 1990 (CONTINUED ) Ratification of Resolution Requesting the Government to Pursue Simplification of Paperwork on Public Assistance Programs Department of Social Services The Commissioners adopted a resolution requesting the government to pursue simplification of paperwork on administration of public assistance programs. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 11. Adoption of Proclamation Designating May, 16, 1990 as NEW HANOVER COUNTY EMPLOYEE HEALTH AND FITNESS DAY The Commissioners adopted a proclamation designating May 16, 1990, as NEW HANOVER COUNTY EMPLOYEE HEALTH AND FITNESS DAY. () A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 11. Award of Bid #FIN-90-0110-0111 for Purchase of Used Mainframe Computer Equipment for the Management Information Systems Department The Commissioners adopted a resolution awarding the lowest responsible bid to CLG, Inc. of wilmington, N. C. in the amount of $86,000 for purchase of used mainframe computer equipment. The Chairman was authorized to execute the document. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 11. Approval of Landfill Tip Fee Waiver for Azalea Festival Air Show The Commissioners approved a request from the N. C. Azalea Festival Committee to waive the landfill tip fees on disposal of waste from the Azalea Festival Air Show. Approval of Landfill Tip Fee Waiver for New Hanover County Museum () The Commissioners approved a request from the County Museum for waiver of the landfill tip fees on disposal of demolition materials from the County's property located at 15 South 8th Street. Authorization for Filing of Injury Prevention Grant from the North Carolina Department of Environment, Health & Natural Resources - New Hanover County Health Department The Commissioners authorized the filing of Prevention grant in the amount of $7,000 to promote helmet project in New Hanover County. The purpose of is to prevent head injuries in an identified high through bike safety education and distribution helmets. an Injury the bicycle the project risk group of bicycle APPROVAL OF CONTRACT #AGE-90-0038 AWARDING NEWBOLD'S CAROLINA BARBECUE & SEAFOOD, INC. AS THE FOOD VENDOR FOR THE 1990-91 DEPARTMENT OF AGING NUTRITION PROGRAM The Commissioners approved the contract with Newbold's Carolina Barbecue and Seafood, Inc. as the food vendor for the 1990-91 Department of Aging Nutrition Program. The Chairman was authorized to execute the document. A copy of the contract is on file in the County Manager's office. () APPROVAL OF DEPARTMENT OF AGING FY 1990-91 BID PROPOSAL #AGE-90-0141 FOR TITLE III FUNDS AND SENATE BILL 1559 FUNDS The Commissioners approved the FY 1990-91 bid proposal for Title III and Senate Bill 1559 funds to operate the senior center, provide transportation, provide home delivered meals, operate six congregate sites, case management and minor home repairs as follows: Title III Budget: $507,679 County Contribution Title III Request USDA & Program Income $222,871 $215,320 $ 69,488 ~ . . . MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 51 ~ Senate Bill Budget: $14,501 County Contribution Senate Bill Request USDA & Program Income $ -0- $ 12,035 $ 2,016 Senior Center Development $10,000 - County Contribution $ -0- The Chairman was authorized to execute the document. Approval of Budget Amendment #90-0214 - Family Planning - Health Department The Commissioners approved the following Budget Amendment: 90-0214 - Health/Family Planning Debit Credit Family Planning Grant $1,500 Training/Travel $1,500 Purpose: To budget additional State funds for physician extender training. Approval of Budget Amendment #90-0217 - Room Occupancy Tax Convention & Visitors Bureau The Commissioners approved the following Budget Amendment: 90-0217 Room Occupancy Tax/Convention & Visitors Bureau Debit Credit Tax Department (General Fund) ROTS - Tourism $15,600 Outside Agencies/Economic & Physical Dev. (General Fund) Convention & Visitors Bureau $15,600 Room Occupancy Tax (Room Occupancy Tax Fund) Convention & Visitors Bureau $100,000 Room Occupancy Tax/Pooled Cash (Room Occupancy Tax Fund) Interest $84,000 Room Occupancy Tax (Room Occupancy Tax Fund) To Other Agencies $15,600 Purpose: To budget transfer of interest in the amount of $15,600 to the General Fund for the Convention & Visitors Bureau (interest was earned on Room Occupancy Tax funds). Also, to reduce interest allocated to the Convention & Visitors Bureau from $100,000 to $15,600 as approved by the Commissioners on October 16, 1989. Approval of Budget Amendment #90-0219 - Department of Social Services 90-0219 Social Services Debit Credit Social Services/AFDC AFDC County Issued Checks $ 67,242 County Commissioners Fund Balance $409,000 Social Services/AFDC County Issued Checks State Issued Checks $ 80,242 $118,000 Social Services/Medicaid Assistant Payments $278,000 ~ ( 52 MINUTES OF REGULAR MEETING. MAY 7. 1990 (CONTINUED ] Purpose: Appropriations to meet projected shortfalls in the public assistance programs of Medicaid and AFDC (additional $409,000 in County dollars required). Approval of Budget Amendment #90-0221 - Engineering Department The Commissioners approved the following Budget Amendment: 90-0221 Non-Departmental and Directors' Office Debit Credit Non-Departmental Contingencies $11,200 () Directors' Office Contributions $33,600 Contracted Services Other Construction $43,300 $ 1,500 Purpose: To budget funds for a testing lab to test samples of water from the burn pit at the Airport to determine contaminates and to build a fence around the site. The City of Wilmington, Corps of Engineers, and Cape Fear Community College will each reimburse the County for one-fourth of the expense; the County will pay one-fourth of the expense. Approval of Budget Amendment #90-0222 - Sheriff's Department The Commissioners approved the following Budget Amendment: 90-0222 Sheriff's Department/Jail Debit Credit Food Purchases $50,000 o Jail Fees State - Sheriff $50,000 Purpose: To budget additional funds for Jail food purchases due to the high daily inmate count and cost of increases in food prices. Expenditures will be offset by higher than anticipated jail fees. Approval of Budget Amendment #90-0223 Non-Departmental & Directors' Office The Commissioners approved the following Budget Amendment: 90-0223 Non-Departmental & Directors' Office Debit Credit Non-Departmental Contingencies $11,737 Directors' Office Salaries and Wages Social Security Tax Retirement $10,123 $ 775 $ 839 Purpose: To budget a one-time payment Engineering and Facilities and the Special their unused vacation leave (terminating Hanover County this fiscal year). for the Director of Projects Manager for employment with New o Ratification of Actions Taken by the Airport Authority Pertaining to the Jetstream Aero Services Default The Commissioners ratified actions taken by the Airport Authority in matters pertaining to the Jetstream Aero Services default. \ MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 53 ~ Adoption of Proclamation Designating the Month of May HANDWASHING MONTH - Health Department The Commissioners adopted a proclamation designating month of Mayas HANDWASHING MONTH in New Hanover County. as the A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 12. . Approval of Contract #AIR-90-0127 to Reese Burglar and Fire Alarm Company, Inc. - New Hanover International Airport The Commissioners approved a contract between New Hanover County and Reese Burglar and Fire Alarm Company, Inc., a division of National Security Service, Inc. in the amount of $700 for installation of a fire alarm monitoring system and $984 for monitoring the system for one (1) year. A copy of the contract is on file in the County Manager's office. Approval of American Eagle (Contract #AIR-90-0120) Tenant Financing Agreement and USAir Tenant Financing Agreement (Contract #AIR-90-0004) - New Hanover International Airport The Commissioners approved the Ainerican Eagle tenant financing agreement in an amount not to exceed $170,000. The funds are to be used to up-fit the office areas to be used by American Eagle. The Commissioners approved the USAir tenant financing agreement in an amount not to exceed $725,000. The funds are to be used to up-fit the area to be utilized by USAir. The Chairman was authorized to execute the financing agreements. . Acceptance of State Grant for Phase II of the Airport Terminal The Commissioners accepted a State Grant in the amount of $250,000 for Phase II of the Airport Terminal. The Chairman was authorized to execute the document. Adoption of Proclamation Designating the Month of Mayas SAFETY THROUGH SONGS MONTH The Commissioners adopted a resolution designating the month of Mayas SAFETY THROUGH SONGS MONTH. The Wilmington Board of Realtors will sponsor a safety program which will provide song-coloring books and cassettes to all public school kindergarteners. Acceptance of Change Order Report #13 for the Period Ending April 17, 1990 The Commissioners accepted Change Order Report #13 for the period ending April 17, 1990, as submitted by the Director of Engineering & Facilities. A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 12. . REJECTION OF BIDS RECEIVED ON HEALTH DEPARTMENT FURNISHINGS _ ITEM # 8 ON THE CONSENT AGENDA County Manager O'Neal requested rejection of all bids received for Health Department furnishings due to complexities involved with the specifications of the bid. He stated after review with the County Staff, he recommends the following steps: 1. Reject all bids received. 2. Request the Health Department Staff temporarily housed in the Glen Meade Shopping Center to move immediately into the new Health Department Expansion. 3. After completion of Staff will review Purchasing Department accordingly. the budget process, the County the furnishings needed and the will prepare the specifications ~ ( 5l!:'MlNUTES I I OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to reject all bids received and follow the procedures as recommended by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION AND PRESENTATION OF PAINTING TO C. E. HILTON, JR. Chairman Retchin, on behalf of the Board, presented a painting to C. E. Hilton, Jr. in appreciation for his dedicated years of services from September 29, 1980, to May 18, 1990. Chairman Retchin wished him well in his new endeavors. ADOPTION OF PROCLAMATION DESIGNATING MAY 6-12, 1990, AS (\ "DISABILITY AWARENESS WEEK IN NEW HANOVER COUNTY" \ ) Chairman Retchin read the proclamation designating May 6-12, 1990, as Disability Awareness Week in New Hanover County. He encouraged all persons present to participate in the special events scheduled for this week. Motion: commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to adopt the proclamation designating May 6-12, 1990, as Disability Awareness Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 12. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 2.13 ACRES ON THE WEST SIDE OF U. S. HIGHWAY 17 APPROXIMATELY 120 FEET NORTH OF MIDDLE SOUND ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-403) , Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, presented background information on the rezoning stating the Planning Commission unanimously approved the request since the frontage of the parcel is currently zoned B-2 Business and the site is classified Transition on the Land Classification Map. Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following person commented: () Mr. Granville Ryals, the petitioner and owner of the property, stated he would like to expand his current business by utilizing the back of the site. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Corbett to approve the rezoning of 2.13 acres on the west side of U. S. Highway 17, approximately 120 feet north of Middle Sound Road to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985," is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book II, Section 8B, Page 32. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY 1.75 ACRES ON THE SOUTH SIDE OF ACORN BRANCH ROAD TO AI AIRPORT INDUSTRIAL FROM AR AIRPORT RESIDENTIAL (Z-404 - APPEALED CASE) Chairman Retchin opened the Public Hearing. () Mr. Paul Foster, Chairman of the Planning Board, presented background information on the proposed rezoning stating the Planning Commission and Planning Staff recommend denial of the request based on the fact that the rezoning would encourage industrial development in a rural residential area. ~ MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 5 5 ""'lIll Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the rezoning request. The following person commented: Ms. Serella M. James, a resident in the Wrightsboro Community, expressed concern for the following items: 1. Allowing industrial development in a residential area. . 2. Concern for demolition Road. Ms. the landfill the types of materials being dumped in a landfill located at the end of Acron Branch James requested the Commissioners to close before the groundwater is contaminated. 3. Concern for the denial of septic tank permits to individuals when industrial companies can obtain permits from the Health Department on the same lots. Ms. James respectfully requested the Commissioners to deny the rezoning request. Chairman Retchin suggested that Ms. James contact the Health Department for an explanation of the regulations governing the issuance of septic tank permits and how these permits can be obtained. Commissioner Barfield stated the demolition landfill referenced by Ms. James has become a serious problem and recommended that the County Staff establish some form of a system to monitor the types of materials being dumped into this landf ill. Chairman Retchin closed the Public Hearing. . Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to deny the rezoning request and to direct the County Manager to contact the Health Department and Inspections Department for investigation of the demolition landfill and the type of materials being dumped. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin requested Ms. James to leave her name and address with the County Manager so he can keep her informed on the demolition landfill investigation. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE .87 OF AN ACRE ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE EAST OF FRENCH ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL (Z-405 - APPEALED CASE) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated the Planning Staff and Planning Commission recommend denial of this rezoning request in order to avoid strip commercial development. He commented on the City of Wilmington's recently enacted Wrightsville Avenue Land Use Plan, which seeks to minimize the commercialization of Wrightsville Avenue, and encouraged the Commissioners to support this plan. . Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following person commented: Mr. W. T. Hughes, the petitioner and owner of the property, stated the site is surrounded by three roads with the east side adjacent to an occupied mobile home park. He stated 75% of the block is zoned B-1 and that the highest and best use for the site is commercial use. ~ ( 5-6 MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: Mr. Larry Ray, an adjacent property owner, commented on the many uses permitted in B-1 zoning and expressed concern for construction of a Shopping Center. Chairman Retchin closed the Public Hearing. Vice-Chairman Corbett expressed concern for the rezoning request being a continuation of strip commercial zoning. () Commissioner Barfield recommended rezoning the site across the back of the property and inquired as to whether or not a Conditional Use District rezoning would be appropriate in this case. Planning Director Hayes stated the petitioner could petition for this type of zoning; however, he must identify a special use for the property. Mr. Hughes stated he would be glad to petition for a Conditional Use District rezoning. Motion: After further discussion, Commissioner Barfield MOVED, SECONDED by Chairman Retchin to refer the -rezoning petition back to the Planning Board for future action contingent upon the petitioner's resubmission of a Conditional Use District rezoning for the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING 6.5 ACRES ON THE SOUTH SIDE OF OLEANDER DRIVE, 500 FEET WEST OF 58TH STREET TO CD (B-2) BUSINESS, CONDITIONAL USE "HOME IMPROVEMENT SHOPPING CENTER" FROM SC SHOPPING CENTER AND 2.4 ACRES ON THE FRONTAGE OF THE SAME PARCEL TO B-2 BUSINESS FROM SC SHOPPING CENTER (Z-400) Chairman Retchin opened the Public Hearing and requested all persons present wishing to testify to step forward to be sworn in by the Clerk to the Board. () The following persons were sworn in: Mr. Harry Stovall III Mr. Cothran S. Harris Mr. Paul Foster, Chairman of commented on this request being District rezoning. He stated the pleased with the proposed rezoning. the Planning Commission, the first Conditional Use parties concerned were very Planning Director Hayes stated the first action to consider will be the rezoning of the property to commercial use, and if approved, action will be required for the conditional use permit. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the rezoning request. Mr. Harry Stovall III, owner of the property, commented on the Conditional Use District rezoning stating the neighborhood is satisfied with the proposed rezoning as submitted. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. No one commented. () Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to approve rezoning 6.5 acres on the south side of Oleander Drive, 500 feet west of 58th Street to CD (B-2) Business, Conditional Use "Home Improvement Shopping Center" from SC Shopping Center and 2.4 acres on the frontage of the same parcel to B-2 Business from SC Shopping Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 5 7 ""lIIIl A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAPS OF ZONING AREAS NO. 6 AND 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971 (AREA 6) AND JULY 1, 1974 (AREA 9B)," is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book I, Section 6, Page 47 and Zoning Ordinance Book II, Section 9B, Page 68. Chairman Retchin opened the Public Hearing to consider issuance of a Special Use Permit for use of the property located on the south side of Oleander Drive for a "Home Improvement Shopping Center. . Planning Director Hayes presented the following findings of fact: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed based upon the following findings: a. The property is not in a flood hazardous area. b. A new left turn lane for Oleander Drive and a decel- eration lane are included for safety as well as additional improvements as may be required by the N. C. Department of Transportation. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: . a. All necessary easements, required setbacks, buffering, and signage are indicated on the site plan. b. The property having been cleared, except for buffer areas, will be left as natural as possible. c. Traffic and parking layouts are illustrated on the site plan. Despite anticipated low traffic counts, the parking exceeds the zoning requirements for retail uses by approximately 25%. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: a. Bufferyards and setbacks are established which comply with the minimum requirements of the Zoning Ordinance. b. The applicant intends to restrict the use of the pro- perty to home improvement needs, related retail and office uses. General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development submitted based upon the following findings: a. The site is adjacent to a major thoroughfare and will be developed with retail uses catering to or related to home improvement needs. b. Surrounding uses on Oleander Drive are already developed commercial. Other: . a. All other federal, state, and local laws as applicable. b. Permitted uses to be allowed include those permitted in B-2 Business, except that entertainment establish- ments, bars, cabarets, discos, eating and drinking places, and outside storage of building materials are not allowed. c. The property will be rezoned to CD(B-2) Business as referenced in the attached Rezoning Order. Also, the frontage property along Oleander Drive is rezoned to B-2 Business (general use district) as referenced in the Rezoning Order. ~ ( 5.s MINUTES OF REGULAR MEETING. MAY 7. 1990 (CONTINUED 1 Chairman Retchin asked Mr. Stovall if he concurs with the findings as presented by the Planning Staff. Mr. Stovall stated he agreed with the statements as presented. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to issuance of the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to issue the Special Use Permit based upon the findings of fact satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,f) \ . / A copy of the Special Use Permit is contained in SUP Book I, Page 42. PUBLIC HEARING TO CONSIDER A REQUEST TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS ON DARDEN ROAD AND DUNBAR ROAD LOCATED IN THE COMMUNITY OF MIDDLE SOUND, HARNETT TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes commented on the importance properly identifying houses and requested adoption of ordinance systematically assigning house numbers on Darden and Dunbar Road located in the Middle Sound Community. of an Road Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the assignment of house numbers. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Corbett to adopt the order systematically assigning on Darden Road and Dunbar Road as requested by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman house numbers the Planning r:) A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 12. PUBLIC HEARING TO CONSIDER A REQUEST TO CLOSE THE NORTHERN PORTION OF PLYMOUTH DRIVE LOCATED IN THE CRESTWOOD/KINGS GRANT SUBDIVISION, HARNETT TOWNSHIP (SC-49) Chairman Retchin opened the Public Hearing. Planning Director Hayes presented background information on the proposed road closing stating Staff recommends that a 40 foot right-of-way remain open to address future utilities access. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the road closing. The following person commented. Mr. Russell S. Ketterman, Jr., a Tennyson Road, commented on the illegal has become a health hazard and requested portion of Plymouth Drive. resident of 4922 Lord dumping of trash which the Board to close this Chairman Retchin closed the Public Hearing. () Discussion was held on assuring the property owners that the County will reimburse them for replacement of fences or shrubs when using the easement for utility purposes. County Attorney Pope recommended obtaining an easement of the entire 60 foot right-of-way with the replacement conditions being specified in the easement agreement. Motion: After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to close the road contingent upon obtaining utility easements not limited to water, sewer, and ~ ~ MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) ,~5.9 drainage of the entire 60 foot right-of-way with the condition that the County will replace any structures, such as fences, on the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is c;:ontained in Exhibit Book XVIII, Page 12. . BREAK Chairman Retchin recessed the meeting for a break from 9:35 o'clock P.M. to 9:45 o'clock P.M. APPROVAL OF PURCHASE OF LAND FOR LOCATION OF BRANCH LIBRARY TO REPLACE THE COLLEGE SQUARE BRANCH - CONTRACT #LIB-90-0106 - NEW HANOVER COUNTY LIBRARY Library Director, David Paynter, requested the Commissioners to approve an offer to purchase property located on the Military Cut-Off Road. He stated the property is being offered at a price substantially below its assessed value and has an excellent visibility on a major traffic artery. One-half of the funds will come from the Library's 1989-90 Budget. Vice-Chairman Corbett inquired as to whether the Library Board has considered the offer of free land from the Town of Wrightsville Beach for location of the branch library. Director Paynter stated he discussed the offer with the Town Manager; however, the Library Board feels a branch library at Wrightsville Beach would not be the best location for serving the citizens in the northeastern portion of the county. Motion: After further discussion of the location, Commissioner Mathews MOVED, SECONDED by Vice-Chairman Corbett to approve the purchase of a two acre tract appraised at $50,000, authorize the Chairman to execute the contract, and approve,; the following Budget Amendment: . 90-0260 Non-Departmental and Library Debit Credit Non-Departmental Contingencies $25,000 Library Contracted Services Salary and Wages $15,000 $10,000 Land Acquisition Cost $50,000 Purpose: To budget funds for acquisition of land for a branch library that will service the northeastern part of the county. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. Consensus: After discussion of the generous offer by the Wrightsville Beach, it was the consensus of the Board to the Chairman to write a letter to the Mayor and appreciation for the offer of land. Town of request express . AWARD OF CONTRACT #STE-90-0012 TO HARNISCHFEGER CORPORATION FOR MODIFICATION OF EXISTING CRANES AT THE STEAM PLANT Dr. Stanton M. Peters, Consulting Engineer, recommended the award of bid to Harnischfeger Corporation stating this is the only source available for the parts needed to modify the existing cranes at the Steam Plant. Motion: After further discussion, Vice-Chairman Corbett MOVED, SECONDED by Chairman Retchin to award the contract to Harnischfeger Corporation in the amount of $136,690 for parts to modify the existing cranes at the Steam Plant. The Chairman was ~ ( 6"eYNUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) authorized to execute the document. CARRIED UNANIMOUSLY. Upon vote, the MOTION A copy of the contract is on file in the County Manager's office. AWARD OF CONTRACT *STE-90-0006 TO TENNESCO, INC. FOR PURCHASE OF ELECTRIC SWITCHGEAR I FOR THE STEAM PLANT Dr. Stanton M. Peters, Consulting Engineer, recommended the award of the contract to Tennesco, Inc. in the amount or $125,200 for the purchase of an Electric Switchgear I for the Steam Plant. He stated only one bid was received. () Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Corbett to award the bid to Tennesco, Inc. in the amount of $125,200 for the purchase of an Electric Switchgear I for the Steam Plant. The Chairman was authorized to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. AWARD OF CONTRACT *STE-90-0057 TO G&W SUPPLY COMPANY FOR THE PURCHASE OF ELECTRIC SWITCHGEAR II FOR THE STEAM PLANT Dr. Stanton M. Peters, Consulting Engineer, recommended the award of the contract to G&W, the low bidder, for the purchase of an Electric Switchgear II for the Steam Plant. He stated the following bids were received: G&W Supply Company Tennesco, Inc. Mills & Lupton $195,709.00 $199,820.95 $209,087.00 Motion: After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to award the bid to G&W Supply Company in the amount of $195,709 for the purchase of an Electric Switchgear II for the Steam Plant. The Chairman was authorized to execute the contract. () A copy of the contract is on file in the County Manager's office. AWARD OF CONTRACT *STE-90-0005 TO CULLIGAN WATER CONDITIONING, INC. FOR WATER TREATMENT EQUIPMENT FOR THE STEAM PLANT EXPANSION Dr. Stanton M. Peters, Consulting Engineer, recommended the award of the contract to the low bidder, Culligan Water Conditioning, Inc. for water treatment equipment for the Steam Plant expansion. He stated the following bids were received: Culligan Water Conditioning, Inc. Adams Brothers $281,350 $299,070 Motion: After discussion of the importance of the water processing system in maintenance of the Steam Plant, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to award the low bid to Culligan Water Conditioning, Inc. in the amount of $281,350. The Chairman was authorized to execute the contract. A copy of the contract is on file in the County Manager's office. o AWARD OF CONTRACT *STE-90-0009 TO BEAUMONT BIRCH FOR PURCHASE OF THE CONVEYOR PACKAGE FOR THE STEAM PLANT EXPANSION Dr. Stanton M. Peters, Consulting Engineer, recommended award of the low bid to Beaumont Birch for purchase of the conveyor package. He stated the following bids were received: Beaumont Birch Detroit Stoker $600,560 $659,731 ~ . . . MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) 6,1 ~ Motion: After discussion, Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to award the low bid to Beaumont Birch in the amount of $600,560 for purchase of the conveyor package. The Chairman was authorized to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. AWARD OF CONTRACT iSTE-90-0013 TO TENCARVA MACHINERY FOR PURCHASE OF THE PUMP PACKAGE FOR THE STEAM PLANT EXPANSION Dr. Stanton M. Peters, Consulting Engineer, stated the following bids were received; however, the low bidder, Tencarva Machinery will not accept liquidated damages for late delivery. He stated the company is quite reputable and he would recommend award of the bid to Tencarva Machinery. Tencarva Machinery pnucor $152,800 $182,435 Discussion was held on Tencarva Machinery not being willing to accept liability for late delivery. County Attorney Pope stated there is a certain amount of risk involved; however, with the excellent reputation of Tencarva Machinery, and the fact that $30,000 difference would not resolve all problems experienced if late delivery should occur, he would recommend saving $30,000 and awarding the bid to Tencarva. Motion: After further discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to award the low bid to Tencarva Machinery in the amount of $152,800 for purchase of the pump package for the Steam Plant expansion. The Chairman was authorized to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. APPROVAL OF FUNDING REQUEST FROM THE TOWN OF WRIGHTSVILLE BEACH FOR THE WRIGHTSVILLE BEACH SHORE AND HURRICANE WAVE PROTECTION PROJECT Chairman Retchin stated the Town of Wrightsville Beach has requested additional funding in the amount of $73,000 from the Room Occupancy Tax for the anticipated shortfall of state funding for the Wrightsville Beach Shore and Hurricane Wave Protection Project. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to approve the funding request in the amount of $73,000 from the Room Occupancy Tax Fund as requested by the Town of Wrightsville Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF INTEGRATING THE KEEP AMERICA BEAUTIFUL PROGRAM INTO THE COUNTY'S SOLID WASTE PROGRAM County Manager O'Neal stated this item was discussed at the retreat. He commented on the County's Solid Waste Program and the advantages of incorporating this agency into county government. He also emphasized the importance of allowing the Keep America Beautiful Board to continue as an advisory board. Mr. Jim Cook, President of Keep America Beautiful, Inc., presented background information on this non-profit, tax exempt organization funded by the County and administered by a Board of Directors selected from a cross-section of the county. He commented on the programs administered by Keep America Beautiful with 3 part-time employees and hundreds of volunteers stating it would be difficult to perform this service without an increase in the present budget. He urged the Commissioners to allow this agency to remain as a non-profit agency and allow the Board of Directors, who are volunteers, to give of their time and efforts to run and administer a strong program. He also stressed the ~ (" '~~S OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) importance of this agency working with the county in order to avoid duplication of services. Commissioner O'Neal stated the performance of the program is outstanding and in the future this matter may be reconsidered; however, for the present time, he would recommend allowing this agency to remain as a non-profit corporation. Motion: After discussion of the excellent job being performed by this agency, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to allow Keep America Beautiful, Inc. to remain as a non-profit outside agency. Upon vote, the MOTION CARRIED UNANIMOUSLY. () MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Retchin convened from Regular Session at 10:44 o'clock P.M. until 12:02 o'clock A.M. COMMITTEE APPOINTMENTS Appointment of Leslie C. Danilowicz to Serve on the Zoning Board of Adjustment Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to appoint Leslie C. Danilowicz to serve as an Alternate Member on the Zoning Board of Adjustment. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF HOBB'S PROPERTY LOCATED ADJACENT TO THE NEW HANOVER COUNTY LIBRARY Chairman Retchin stated after discussion with local businessmen and the property owner, Mr. William K. Hobbs, he would like to request the Board to endorse the preservation of this lot located on the corner of Third & Chestnut Streets and inform the City of Wilmington that the County will join them in an effort to purchase the property for a public purpose. o Commissioner Barfield expressed concern for the amount of money that can be involved with this purchase and stated many needs have to be addressed during the upcoming budget hearings. Motion: After discussion of the need to explore the purchase of the lot jointly with the City, Vice-Chairman Corbett MOVED, SECONDED by Commissioner 0' Neal to support the efforts of the Ci ty in trying to acquire the Hobbs property located on the corner of 3rd and Chestnut Streets. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Resignation of Vice-Chairman W. Albert Corbett, Jr. Vice-Chairman Corbett stated due to the growth of his business, he is submitting his resignation effective Friday, May 11, 1990. He expressed appreciation to his fellow Commissioners, the County Manager, Assistant County Manager, County Attorney, and Clerk to the Board for their cooperation during the past 3 1/2 years and stated serving as an elected official has been a challenging and educational experience. He urged the Commissioners to encourage leaders of the community to participate in government and serve on various boards and committees. o Chairman Retchin, on behalf of the Board, stated Vice-Chairman Corbett will be missed and each member wishes him well in his business operations. Election of Vice-Chairman Chairman Retchin opened the floor to receive nominations for election of a Vice-Chairman to fill the unexpired term. ~ . . . MINUTES OF REGULAR MEETING, MAY 7, 1990 ( CONTINUED) 63 ~ Vice-Chairman Corbett nominated Commissioner Barfield. Motion: There being no other nominations, Chairman Retchin declared the nominations closed and Commissioner Barfield was elected Vice-Chairman by acclamation. Regular Meeting Date of May 21, 1990, Changed to May 29, 1990 Motion: After discussion of Chairman Retchin being on vacation and Vice-Chairman Corbett no longer being on the Board, Chairman Retchin MOVED, SECONDED by Commissioner 0' Neal to change the meeting date from May 21, 1990, to Tuesday, May 29, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Encroachment Agreement #ENG-90-0138 Between Dickerson Carolina, Inc., the N. C. Department of Transportation, and New Hanover County - New Hanover International Airport Director of Engineering & Facilities, Ed Hilton, stated Dickerson Carolina, Inc. was the successful bidder for construction of a portion of the entry road project at the Airport. He stated in order for the electrical contractor to install the lighting equipment, an encroachment agreement must be obtained through the N. C. Department of Transportation provided a lease is received from Dickerson Carolina, Inc. He requested approval of a standard three-party encroachment agreement between the N. C. Department of Transportation, New Hanover County, and Dickerson Carolina, Inc. Motion: After discussion, Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to authorize the County Manager to execute the encroachment agreement as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. Authorization to Purchase Park Property Located in the Ogden Area of the County - Parks & Recreation County Manager O'Neal stated the County Staff has negotiated a purchase price for acquisition of approximately 125 acres of park property in the Ogden area. He stated the price per acre is $6,500 for a total cost of $812,500 and that funds are budgeted in the Parks & Recreation Facilities Bond Fund. County Manager O'Neal stated if the Board would like to proceed with the purchase, the county will begin the bond sale process. Discussion was held on the cost per acre and the amount of funds available for park land acquisition. Director of Public Services, Mike Waters, stated the proposed purchase will be the largest tract of land purchased for development of parks with the monies received from the bond issue. He stated the original price was $9,500 per acre; however, after further negotiation, the price per acre was reduced to $6,500 per acre. Motion: After discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner 0' Neal to accept the Offer to Purchase approximately 125 acres of property in the Ogden area at $6,500 per acre for a total cost of $812,500 to be funded by the Parks & Recreation Facilities Bond Fund. The Chairman was authorized to execute the necessary documents after review and approval by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Contract #DSS-90-0015 Between the Department of Social Services and Attorney Frances Y. Trask for Legal Assistance in Handling the Backlog of Court Orders County Attorney Pope stated Judge Gilbert Burnett has requested assistance with a backlog of court orders pertaining to administration of the Child Protection Programs administered by the Department of Social Services. He requested the Board to ratify a contract between the Department of Social Services and Attorney Frances Y. Trask to provide legal assistance in handling the court orders. Funds are available in the 1989-90 DSS budget. ~ ( '64 MINUTES OF REGULAR MEETING, MAY 7, 1990 (CONTINUED) I Motion: Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to approve and ratify the contract as presented between the Department of Social Services and Attorney Frances F. Trask for the provision of legal assistance with the backlog of court orders pertaining to administration of the DSS Child Protection Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. Meeting Scheduled to Hear Proposals for Handling of the Burn Pit - New Hanover International Airport County Attorney Pope reported that the County's Environmental Specialist, Ray Church, has scheduled a meeting to review proposals for handling the burn pit clean-up at the Airport on May 8, 1990. He stated the Commissioners are invited to attend if they so desire. ADJOURNMENT Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 12:45 o'clock A.M. Respectfully submitted, ~;<~ Clerk to the Board ~ () () n "- _/