1990-09-04 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 4, 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
Mathews, Jr.; Nolan O'Neal; Vice-Chairman
Chairman Fred Retchin; County Manager,
Attorney Robert W. Pope; and Clerk to
Harrell.
Robert G. Greer; E. L.
Jonathan Barfield, Sr.;
Allen O'Neal; County
the Board, Lucie F.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Rabbi Albert Gordon, of the Temple of Israel Reformed, gave
the invocation.
County Manager 0' Neal led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Mathews to approve the minutes of the Regular Meeting of August
6, 1990, and the Regular Meeting of August 20, 1990, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to discuss an item not listed on the Regular Agenda or
an item listed on the Consent Agenda. The following comments
were received:
Discussion of 1991 Property Revaluation
Mr. Robert Kendrick, representing the Taxpayers Association,
requested the Commissioners to remain revenue neutral when
performing the 1991 property revaluation. He suggested exerting
pressure on State Legislators for seeking other sources of
revenues and enacting legislation to increase the Homestead
Exemption. He also expressed concern for the manual prepared on
schedules, standard~, and rules to be used in the 1991
Reappraisal of Real Property and encouraged the Commissioners not
to adopt these procedures since they will not provide for a fair
assessment of property values.
stated the Commissioners are anxious to
revenue and that the General Assembly
to increase the Homestead Exemption;
of the 1991 Property Revaluation as
will allow for a fair and equitable
Chairman Retchin
seek other sources of
should be encouraged
however, the mechanics
described in the manual
revaluation process.
Ms. Myrtle Barnhill, a resident of Castle Hayne, requested
the Commissioners to perform a revenue neutral 1991 Revaluation
stating the taxpayers cannot continue to pay higher property
taxes. She recommended that all agenc~es, such as the Department
of Social Services, tighten their belts and cut down on spending
in order to avoid an increase in the property tax.
APPROVAL OF CONSENT AGENDA
Chairman Retchin requested that Consent Agenda Item #10 be
removed from the agenda for discussion at the end of the meeting.
Commissioner Greer commented on Consent Agenda Item #11 and
inquired as to whether the landscaping was an additional charge.
Assistant County Manager, Mary Gornto, stated the landscaping was
not an additional charge and that originally the budget was
established with landscaping as a separate contract; however, in
order to expedite the landscaping service, it was decided to work
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
this item through a change order to the existing Airport landside
paving contract.
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Greer to remove Consent Agenda Item #10 and approve the remaining
items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Budget Amendment #91-0026 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
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91-0026
Sheriff's Department/Federal Forfeited Property
Debit
Credit
Sheriff's Dept./Fed. Forfeited Property
Federal Forfeited Property
$159,000
Capital Outlay - Equipment
$159,000
Purpose:
property
seizures
will only
To budget anticipated revenue from federal forfeited
for FY 1990-91. Funds are derived from assets of drug
and used as the Sheriff deems necessary. The Sheriff
expend the budget funds as revenue is actually earned.
Approval of Budget Amendment #91-0029 New Hanover County
Library
The Commissioners approved the following Budget Amendment:
91-0029 Non-Departmental/Library
Credit
Debit
Non-Departmental
Contingency
$13,500
Library
Maintenance & Repair/ Buildings & Grounds
o
$13,500
Purpose: Transfer of funds from the contingency account to
repair both entrances at the Library (the flooring of the
entrance ways has settled causing an uneven surface, as much as
one inch). After the under-surface is repaired, new slate will
be installed.
Approval of Budget Amendment #91-0030 - Agricultural Extension
Service
The Commissioners approved the following Budget Amendment:
91-0030 County Commissioners/Agricultural Extension Service
Debit
Credit
County Commissioners
Appropriated Fund Balance
$1,071
Agricultural Extension Service
Capital Outlay
$1,071
Purpose: To carryover funds to FY 1990-91 for the purchase of
pipe to be installed in the drainage ditch in front of the
Agricultural Extension Service Building.
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Approval of New Hanover County Contract #GAR-90-0308 with
Unifirst Corporation - Garage
The Commissioners approved an annual contract with Unifirst
Corporation for rental of uniforms for employees at the New
Hanover County Garage. Three informal price quotes were received
with the recommendation by Staff to award the bid to Unifirst
Corporation. The County Manager was authorized to execute the
necessary contract documents.
A copy of the contract is on file in the Legal Department.
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
18;7 """"Ill
Acceptance of Report of Disposals of Personal Property for the
Period of January 1, 1990, through June 30, 1990 Finance
Department
The Commissioners accepted the Report of Disposals of
Personal Property for the period of January 1, 1990, thru June
30, 1990, as submitted by the Finance Director.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 22.
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Adoption of Resolution for Disposal Through Sale or Transfer of
Deaccessioned and Surplus Materials - New Hanover County Museum
The Commissioners adopted a resolution allowing the sale or
transfer of deaccessioned surplus materials by the Museum as
requested. The proceeds of the sale will be placed in the Museum
Artifact Acquisition Account.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 22.
Reclassification and Salary Range Adjustment for Sanitarian
Technician - Health Department
The Commissioners approved the reclassification and salary
range adjustment for the position of Sanitarian Technician at
Range 62 to Range 61 in order to comply with State Personnel
regulations.
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Award of Contract #ENG-90-0297 With McKim and Creed for
Performance of Surveying Services for Design of Proposed Law
Enforcement Center on Division Drive and Approval of Budget
Amendment #91-0037
The following proposals were received for performance of
surveying services for design of the proposed law enforcement
building to be constructed on Division Drive with the
recommendation from Staff to award the low bid to McKim and
Creed:
Hanover Design Services
H. M. von Oesen & Associates
McKim and Creed
Espey, Huston & Associates
Robert H. Goslee & Associates
Dawson Engineering
John A. Benson, Jr.
$4,805
$3,369
$1,993
$2,135
$2,245
$7,444
$2,240
The Commissioners awarded the low bid to McKim and Creed in
the amount of $1,993 for performance of surveying services and
approved the following Budget Amendment:
91-0037 Non-Departmental/Sheriff's Department/Jail
Debit
Credit
Non-Departmental
Contingency
$1,993
Sheriff/Jail
$1,993
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Purpose: To transfer funds to provide the survey necessary for
the design of the proposed law enforcement building on Division
Drive.
A copy of the contract is on file in the Legal Department.
Approval of Change Order #1 to Westinghouse Environmental &
Geotechnical Services, Inc. - Contract #ENG-90-0129
The Commissioners approved Change Order #1 in the amount of
$6,315.78 for additional work in removal of approximately 175
cubic yards of soil around recently removed storage tanks at the
Ogden-New Hanover Rescue Squads.
Acceptance of Change Order Report #16
The Commissioners accepted Change Order Report #16 as
submitted by the Assistant County Manager.
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( 18&INUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 22.
Adoption of Proclamation Designating Saturday, September 22,
1990, as "HUNTING AND FISHING DAY" in New Hanover County
The Commissioners adopted a proclamation designating
Saturday, September 22, 1990, as "HUNTING AND FISHING DAY" in New
Hanover County.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XVIII, Page 22.
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Approval of Amendments to the Personnel Policy with Reference to
Military Leave Benefits
The Commissioners approved amendments to the Personnel
Policy affecting Military Leave Benefits. The amendment allows
differential pay for members of the National Guard or U. S. Armed
Forces Reserve to receive up to six (6) months of differential
pay when ordered to active service for defense purposes; and to
allow those employees who have parent/child or family medical or
dental coverage to continue to pay the employee's portion until
military benefits become effective. The amendments will be
retroactive to August 20, 1990.
A copy of the amendments are hereby incorporated as a part
of the minutes and are contained in Exhibit Book XVIII, Page 22.
PRESENTATION OF CERTIFICATES TO THE EMERGENCY MEDICAL SERVICES
DIRECTOR AND THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES
Chairman Retchin, on behalf of the Board, presented a
Certificate of Appreciation to Larry Ray, Director of Emergency
Medical Services, in recognition of receiving the "Jim Finison
Award for outstanding Service to the Emergency Medical ()
Profession." He also presented a Certificate of Appreciation to
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the employees of the New Hanover County Emergency Medical /
Services Department for receiving the "Emergency Medical Service
of the Year Award." Chairman Retchin congratulated the Director
and employees of the EMS Department for these honors and
requested employees present to stand for a round of applause.
WAIVER OF LANDFILL TIPPING FEES FOR TRASH COLLECTED FROM "BIG
SWEEP 1990"
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to waive the landfill tipping fees for trash collected in
the "Big Sweep 1990" cleanup sponsored by Keep America Beautiful.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
REMOVAL OF ITEM #9 TO THE WATER & SEWER DISTRICT AGENDA
Chairman Retchin stated Item #9, a Public Hearing on the
Bond Order authorizing the issuance of $752,000 Sanitary Sewer
Bonds of the New Hanover County Water & Sewer District, should be
removed from the Regular Agenda and placed on the District's
agenda since the bonds will be issued through the District.
ADOPTION OF SCHEDULES, STANDARDS, AND RULES FOR THE 1991
REAPPRAISAL OF REAL PROPERTY
Tax Administrator, Roland Register, stated the schedules, 0
standards and rules for the 1991 Reappraisal of Real Property .---Jf
were submitted to the Board on August 6, 1990, with an
opportunity for the public to comment on August 20, 1990;
therefore, he would recommend adoption of these items as
presented.
Chairman Retchin commented on the request for a
neutral 1991 Revaluation stating the Commissioners do not
increase the tax rate and will strive to reduce the tax
much as possible; however, the Board cannot consider a
revenue
want to
rate as
revenue
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
189 ~
neutral revaluation since this procedure
establishing a budget one year in advance.
would
require
Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner
Mathews to adopt the schedules, standards and rules for the 1991
Reappraisal of Real Property as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to adopt Use Value Schedules for the 1991 Reappraisal of
Real Property as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
The Clerk to the Board was requested to publish notice of
the order beginning September 5, 13, 18, and 23, as required by
law.
County Manager O'Neal commented on preparation of a
IS-minute video tape by the Tax Department on the 1991
Revaluation stating this tape is available for public showing by
various civic groups and can be picked up at the Tax
Administrator's Office. Also, several copies of the video are
available in the Library and can be checked out.
PUBLIC HEARING TO CONSIDER A REZONING REQUEST TO REZONE
APPROXIMATELY 15 ACRES ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17
NEAR THE INTERSECTION OF MILITARY CUT-OFF ROAD FROM R-15
RESIDENTIAL TO B-2 BUSINESS (Z-410)
Chairman Retchin opened the Public Hearing.
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Planning Director, Dexter Hayes, presented background
information on the proposed rezoning stating the Planning
Commission and Planning Staff recommend approval of the B-2
zoning with the condition that the total depth of the zone not
exceed 1,000 cumulative feet as measured from the U. S. Highway
17 right-of-way.
Chairman Retchin asked if anyone present would like to speak
in favor of the rezoning request. The following person
commented:
Mr. Cornelius Nixon, Jr., owner of the property, stated the
site is 1,600 feet from Gordon Road and with the recent location
of the CP&L Substation, it would be more appropriate to rezone
the entire tract B-2 as petitioned.
Vice-Chairman Barfield inquired as to why the entire tract
should not be rezoned B-2 since the Carolina Power & Light
Substation is to be located adjacent to the property.
Director Hayes stated the intent of restricting the B-2
zoning depth to 1,000 cumulative feet was due to the following
concerns: ( 1) commercial depth along Market Street; ( 2)
incentive for commercial encroachment on Gordon Road; (3)
wetlands; and ( 4) the site backs up to recently acquired park
land by the County.
Chairman Retchin asked if anyone present would like to speak
in opposition to the rezoning request. No one commented.
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Chairman Retchin closed the Public Hearing.
Motion: After further discussion, Vice-Chairman Barfield MOVED,
SECONDED by Commissioner Greer to rezone the entire tract to B-2
as requested by the petitioner. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972," is hereby
incorporated as a part of the minutes and is contained in Zoning
Book II, Section 8B, Page 32.
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( cl~S OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
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PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
ESTABLISH A NON-RESIDENTIAL OFF-STREET PARKING LOT ON THE WEST
SIDE OF AIRLIE ROAD TO SERVE EXISTING RESTAURANT BUSINESS (S-319)
Chairman Retchin opened the Public Hearing and stated the
granting of a Special Use Permit requires a quasi-judicial
hearing; therefore, persons wishing to testify must be sworn in
by the Clerk to the Board. The following person was sworn in:
Ms. Estelle Baker
Planning Director Hayes stated the petitioner seeks to
establish a non-residential off-street parking lot on the west
side of Airlie Road to serve an existing restaurant. The
proposal calls for approximately 50 spaces, but the current
ordinance guidelines for this use limits the total area eligible
for parking to approximately nine spaces. The Planning
Commission's concern was the fact that the existing
non-conforming lot to the north of this site was not included in
the proposal; however, it was concluded that the proposed lot
could comply with existing design guidelines and would not create
negative impacts for the general area. He presented the
following general site facts and existing conditions:
1. The proposed lot would be affiliated with the existing Bridge
Tender Restaurant. The restaurant is located on the waterfront
on the east side of Airlie Road.
2. Existing restaurant parking is
immediately adjacent to the subject
restaurant. It consists of 100 spaces.
accommodated in
parcel and west
a
of
lot
the
3. A portion of the existing parking facilities is zoned B-1
Business, while the balance of the tract is zoned R-15. The area
of the lot zoned R-15 is considered non-conforming. No Special
Use Permit has ever been issued for this section of the existing
lot.
Minimum Ordinance Requirements
1. The site is to be used solely for ground level parking. No
elevated parking is planned.
2. Access be limited through the principal use site. (Although
access for the site is proposed directly to the existing parking
lot. )
- Access will be prohibited through the residential area. No
other access except Airlie Road is planned.
- Access shall be placed within the common boundary with the
principal use. (The applicant owns the subject parcel, property
to the north and south, and also the remnant parcel on the
waterfront adjacent to this site.)
3. Location controls include: (1) the site shall be adjacent to
the principal use for at least 25 feet; and (2) the site shares
road frontage with the principal use for the entire 68 feet.
- No point of the proposed parking site shall be further than
200 feet from any road and all points of the non-residential
zoning district boundary. (The site's depth from Airlie Road and
the zoning boundary is approximately 300 feet.
- The site shall be located no closer than 150 feet from any
street right-of-way other than that to which the principal use is
adj acent. The closest point of the site to Stokely Road is 80
feet.
The proposed use does satisfy the four general requirements based
upon the following conditions:
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
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A. The applicant shall fully comply with all of the
requirements stated in the ordinance for the proposed
well as any additional conditions hereinafter stated.
specific
use, as
B. If any of the conditions imposed by this Special
shall be held invalid beyond the authority of the
Commissioners by a court of competent jurisdiction
permit shall become void and of no effect.
Use Permit
Board of
then thi s
C. Other:
.
1. Require the developer to incorporate a portion of the
existing parking lot with the proposed lot to meet all
required setbacks. This will enable the existing non-
conforming lot to obtain a conforming status via the
Special Use Permit. The new parking area will need
substantial modifications to comply with setback limits.
2. Prohibit direct access to the new lot from Airlie Road.
Instead, require access through the existing parking lot
or otherwise combine entrances to a single driveway to
minimize "curb cuts".
3. Require retention of existing vegetation to the greatest
extent practical and impose vegetative screening require-
ments around the periphery of the lot. Several unique
Live Oaks should be preserved. Landscaping shall meet
Section 67-5 requirements.
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4. To promote safe on-site traffic movements, permit free-
standing ground signs, not to exceed three feet in height
nor two square feet in total area per sign to provide
directional needs for ingress, egress and traffic flow in
the lots. Prohibit illumination of all signage in the
parking lot site. Also, require handicap parking at
ratios suitable for the total number of spaces on the
overall site.
Chairman Retchin asked if the petitioner would like to
speak. The following person commented:
Ms. Estelle Baker, the petitioner, stated the neighbors have
reviewed the proposal with no opposition and that the live oak
trees will remain on the unpaved lot. She addressed the four
general requirements as follows:
General Requirement #1: The proposed use will
endanger the public health or safety if located
but will improve the safety on Airlie Road
additional parking spaces.
not materially
where proposed
by providing
General Requirement #2: The proposed use meets all required
conditions and specifications as the use has incorporated all
recommendations of the County Planning Staff.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining property since other parcels in the
vicinity are being used as parking lots.
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General Requirement #4: The proposed, use will be in harmony with
the location and character of the area since the proposal will be
in compliance with the Airlie Road Plan.
Ms. Baker requested the Board to issue the Special Use
Permit. Chairman Retchin asked Ms. Baker if she concurs with the
findings presented by the Planning Director, including the
restrictions pertaining to setbacks and the recommended
conditions? Ms. Baker stated she is satisfied with the findings
and conditions as stated.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. No one commented.
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( 19.;B:rNUTEs OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
Chairman Retchin closed the Public Hearing.
Commissioner Mathews recommended replacing the word "would"
with "shall" under Condition #3 when referencing the preservation
of live oak trees in the area.
Motion: After further discussion, Commissioner O'Neal MOVED,
SECONDED by Commissioner Mathews to issue the Special Use Permit
contingent to all conditions and setbacks recommended by the
Planning Staff and based upon the findings of facts meeting the
four general requirements with a change in the word "would" to (\
"shall" under Condition #3. Upon vote, the MOTION CARRIED \ )
UNANIMOUSLY.
A copy of "AN ORDER GRANTING A SPECIAL USE PERMIT FOR A
NON-RESIDENTIAL OFF-STREET PARKING LOT" is hereby incorporated as
a part of the minutes and is contained in SUP Book I, Page 42.
PUBLIC HEARING TO CONSIDER REZONING 1.26 ACRES ON THE NORTHWEST
SIDE OF U. S. HIGHWAY 17 NORTH OF MIDDLE SOUND ROAD FROM R-15
RESIDENTIAL TO B-2 BUSINESS (Z-413)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, presented background
information on the rezoning request stating the Planning
Commission felt the rezoning was consistent with the current Land
Use Policies and recommended including portions of Wallace,
Shannon, and Coastal Carolina Developers properties adjacent to
the proposed rezoning to avoid creating a small island of
residentially zoned property surrounded by B-2 property.
Chairman Retchin asked if anyone present would like to speak
in favor of the rezoning request.
Mr. Robert Shannon, the petitioner, stated adjacent property (\
owners do not object to the B-2 zoning. \ )
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: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Greer to approve the B-2 rezoning request including portions of
Wallace, Shannon, and Coastal Carolina Developers properties
adjacent to the proposed rezoning as recommended by the Planning
Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is contained in
Zoning Book II, Section 8B, Page 33.
PUBLIC HEARING TO CONSIDER REZONING .89 OF AN ACRE ON THE NORTH
SIDE OF GORDON ROAD APPROXIMATELY 220 FEET EAST OF CASTLE HAYNE
ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-414)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, presented background
information on the rezoning request stating the Planning 0
Commission determined the rezoning was not in conflict with
existing land use policies and voted unanimously to approve the .
B-2 zoning; however, with the proximity of the property to other
non-residential zoning and to Gordon Road, which has been
transformed into a high-volume non-residential connector, the
Planning Staff recommended rezoning the property to 0-1 Office
and Residential instead of B-2 Business.
Chairman Retchin asked if
would like to speak in favor
following person,; commented:
anyone from the general public
of the rezoning request. The
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
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.193
Ms. Elizabeth McLawhorn, the petitioner, stated the back
portion of the property is zoned B-2; therefore, with surrounding
commercial uses, she respectfully requested approval of the
petition.
Commissioner Greer inquired as to whether the adjacent
property owner, Mr. Robert Crews, was opposed to the B-2 zoning.
Ms. McLawhorn stated he was not.
.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. No
one commented.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Ma thews to approve B- 2 zoning as reques ted by the petitioner.
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. 9A OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972" is hereby
incorporated as a part of the minutes and is contained in Zoning
Book II, Section 9A, Page 31.
PUBLIC HEARING TO CONSIDER MODIFICATION OF SPECIAL USE PERMIT
#S-241 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT THE PEARSALL
COMMERCIAL MARINA ON THE NORTHEAST CAPE FEAR RIVER
Chairman Retchin opened the Public Hearing and stated
granting a Special Use Permit requires a quasi-judicial hearing;
therefore, persons wishing to testify must be sworn in by the
Clerk to the Board. The following persons were sworn in:
.
Ms. Natalie J. Nye
Mr. Robert J. Pearsall
Mr. Elmer Kelly
Mr. M. B. Adcox
Ms. Becky Kalnen
Mr. Jay Taylor
Planning Director, Dexter Hayes, presented background
information on the proposed modification of Special Use Permit
#S-241 stating the original permit issued in April 1985 was
granted with the condition that alcoholic beverages could not be
sold on the premises of the Pearsall Marina located on the
Northeast Cape Fear River; however, the Zoning Enforcement
Officer notified the owners by a letter dated July 11, 1990, that
alcoholic beverages were being sold on the premises and that this
act was in direct violation to the condition of the Special Use
permi t. The owners were advised to cease and desist from all
sales and to terminate the ABC permit and application
proceedings. It was also noted that an ABC permit was issued for
the sale of beer over the County's obj ection in May 1988, and
that Ms. Nye has an ABC application pending for the sale of wine
on and off of the premises.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of modifying the Special Use Permit.
The following persons commented:
.
Attorney John Wessell, representing the owners, Natalie J.
Nye and Robert J. Pearsall, stated the question to be considered
is an amendment to the permit that will delete the prohibition of
the sale of alcoholic beverages. As referenced, in 1985, the
Special Use Permit was granted prohibiting the sale of alcoholic
beverages and in May 1988, Ms. Nye contacted a local Alcoholic
Law Enforcement Officer to discuss the possibility of securing a
permit for the sale of peer at which time she was informed that
the County did not have the authority to regulate the sale of
alcoholic beverages and that she could proceed to apply for a
permit. Ms. Nye applied for the ABC permit and the permit was
issued over the County's objection. This summer Ms. Nye renewed
a request for the sale of wine at the premises at which time the
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( 1~ 9 4UNUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 ( CONTINUED)
information was conveyed to the County's Zoning Enforcement
Officer with a letter written July 10, 1990, advising that all
alcoholic beverage sales must cease. Therefore, Ms. Nye and Mr.
Pearsall have requested a modification to the Special Use Permit.
Attorney Wessell stated the condition of the Special Use
Permit was violated; however, this act was based upon information
received from the Alcoholic Law Enforcement Officer and that once
notification of the violation was received from the Zoning
Enforcement Officer, the owners made a good faith effort by
immediately discontinuing the sale of alcoholic beverages and 0
applying for a modification to the Special Use Permit. He \ ..
requested the Board to focus on the requirements for granting the
modification instead of the violation.
Attorney Wessell presented pictures of the marina and
requested the Clerk to mark these as Exhibit I. A copy of the
exhibit is on file in the Clerk's office.
Chairman Retchin asked if anyone present would like to speak
in favor of modifying the Special Use Permit. The following
persons commented:
Ms. Natalie Nye, co-owner of the marina, stated the
Alcoholic Law Enforcement Officer informed her that the County
did not have the authority to regulate ABC permits and that she
hand carried the application to the office of Ms. Norma Philpott
located in the County Administration Building.
Commissioner Mathews asked Ms. Nye, if she understood the
terms of the Special Use Permit when issued in 1985 and if so,
why did she not apply to the Board of Commissioners for a
variance before applying for an ABC Permit?
Ms. Nye stated she did understand the condition of the
Special Use Permit; however, the Alcoholic Law Enforcement ~
Officer specifically stated the County did not regulate the ~)
issuance of ABC permits; therefore, when the permit was received
in the mail she assumed everything was correct.
Chairman Retchin stated the parties involved agreed to
comply with the condition of the Special Use Permit; therefore,
it is difficult to understand how Ms. Nye could apply for the ABC
Permit and assume that she had not violated a condition of the
Special Use Permit.
Commissioner 0' Neal expressed concern for circumventing a
condition placed on a Special Use Permit and cautioned setting a
precedent.
Ms. Nye presented the following findings of fact as setforth
in the Zoning Ordinance:
General Requirement 1: The proposed use will not materially
endanger the public health or safety if located where proposed
and developed according to the plan as submitted based upon the
following findings:
1. The store is 396 sq. ft. with four boat slips and caters
mainly to boaters. No sign is erected at the beginning
of the road.
o
2. No complaints have been reported to the ABC Board or the
Inspections Department in the 2 1/2 years the marina has
been selling beer.
3. Trash is unloaded from boats in order to avoid being
dumped in the river.
General Requirement 2: The proposed use meets all required
conditions and specifications based upon the following findings:
1. All requirements have been met except for the sale of
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
195
~
alcoholic beverages, which was ceased in July after
notification from the Zoning Enforcement Officer.
General Requirement 3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findings:
1. The Edgewater Club located to the east of the marina and Mr.
Elmer Kelly located at the entrance of the driveway have no
objection to the sale of alcoholic beverages.
.
2. Due to the appearance of the marina, the property value has
increased.
General Requirement 4: The proposed use is in harmony with the
area based upon the following findings:
1. The marina is a river oriented activity catering only to
river traffic.
Ms . Nye
Special Use
presented.
requested approval
Permit based upon
of
the
the modification
findings and
to the
evidence
Mr. M. B. Adcox, President of the Edgewater Club, stated no
problems have been experienced with the sale of alcoholic
beverages by the marina.
Mr. Elmer Kelly, an adjacent property owner, stated the
marina has been an asset to the neighborhood and no problems have
been experienced with the sale of alcoholic beverages.
.
Mr. Jay Taylor, a personal friend of Robert Pearsall and
Natalie Nye, commented on the difficulty in locating the marina
by road and stated items other than beer are sold, such as ice
cream, soft drinks, food, and fishing tackle. He requested the
Board to approve the modification to the Special Use Permit
stating the facility is quite accommodating to persons boating on
the river.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to modifying the Special Use
Permit. The following person commented:
Ms. Becky Kalnen, a property owner on the river, expressed
concern for allowing a marina in a residentially zoned area
which, in her opinion, devalues surrounding property. She also
commented on the number of beer cans found on her property and
requested the Board to deny the petitioner the right to sell
beer.
Vice-Chairman Barfield asked Ms. Kalnen if the road from the
marina goes by her property. Ms. Kalnen stated the road does not
pass by her property.
Attorney Wessell requested, for the record, Ms. Kalnen' s
address. Ms. Kalnen stated her address is 2710 Willow Street,
Wilmington, N. C.
.
Attorney Wessell stated the fact that Ms. Nye violated the
condition of the Special Use Permit cannot be changed; however,
the question before the Board is to determine if the sale of
alcoholic beverages is appropriate. He stated the evidence
presented does indicate that it would be appropriate to allow the
marina to sell alcoholic beverages; therefore, he would request
the Board to modify the permit by deleting this condition.
Chairman Retchin closed the Public Hearing and requested the
commissioners to comment.
Commissioner Greer stated he was not serving on the Board
when the Special Use Permit was granted; however, he does feel
the issue should be whether beer should be sold on the premises,
~
( 19 6MINUTES OF REGULAR MEETING. SEPTEMBER '4. 1990 (CONTINUED)
not the fact that the condition of the Special Use Permit has
been violated.
Vice-Chairman Barfield expressed concern for violating the
condition of the Special Use Permit and stated Ms. Nye should
have approached the Board of County Commissioners for a variance
to the Special Use Permit before applying for an ABC permit.
Chairman Retchin stated
no conditions have changed
Permit in 1985; therefore,
condition.
according to the evidence presented
since issuance of the Special Use
he cannot recommended deleting the
()
Commissioner 0' Neal stressed the importance of conditions
placed on Special Use Permits and cautioned setting a precedent
by deleting a condition of the permit.
Commissioner Mathews expressed concern for setting a
precedent and reiterated the fact that the Commissioners should
have been approached for a variance before the petitioner applied
for an ABC Permit.
Motion: After discussion of obtaining an ABC permit to sell beer
at the marina and the absence of a good faith effort by Ms. Nye
to notify the County Conunissioners of her intent, Commissioner
O'Neal MOVED, SECONDED by Vice-Chairman Barfield to deny
modification of the Special Use Permit to allow for the sale of
alcoholic beverages at the Pearsall Commercial Marina on the
Northeast Cape Fear River and to authorize the Chairman to
discuss this issue with the ABC Board in order to avoid future
occurrences of this nature. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
BREAK
Chairman Retchin recessed the meeting for a break from 9:05 ()
o'clock P.M. to 9:18 o'clock P.M.
PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF AN UNNAMED ROAD
NORTH OF EQUESTRIAN ESTATES AND WEST OF CAROLINA BEACH ROAD,
FEDERAL POINT TOWNSHIP (SC-50)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the referenced road
encompasses approximately 930 feet of an unnamed road connecting
into Equestrian Estates at the northeastern end of Grand Champion
Road intersecting into Carolina Beach Road. The road is
currently improved with a marled 40 foot right-of-way and serves
vehicular access to numerous properties north of the proposed
closing as marked on the map presented in the agenda packet. All
property owners north and west of the road have been notified of
the proposed road closing. In order to provide an alternative
access for these properties affected, the petitioner has agreed
and has received preliminary approval from the Technical Review
Committee of the Planning Commission to dedicate and build a new
public road that will provide for a connection to the Carolina
Beach Road. Planning Director Hayes stated the Planning Staff
recommends closing this section of the road not be finalized
until the new road is constructed and recorded in accordance with
County Subdivision Regulations.
Vice-Chairman Barfield stated due to the number of property ()
owners concerned about the road closing, he would recommend that .
the petitioner, Dr. Arnold Sobol, withdraw the petition and
construct a road that will allow access to the present property
owners before closing this portion of the road.
Planning Director Hayes stated Dr. Sobol would like
assurance that this portion of the road can be closed before
constructing a new road which will be of considerable expense to
him.
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MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
197 ~
Chairman Retchin asked if the petitioner would like to
speak. The following person commented:
Dr. Arnold Sobol stated a new road for access has been
proposed and that no one's right for ingress and egress will be
impaired. Prior to six months ago, the marl right-of-way did not
exist and there was no vehicular traffic; however, the road has
been opened by heavy trucks involved in a sand mining operation.
He presented a map of the proposed road which had not been
reviewed by the Commissioners.
.
After discussion and review of the map by the Board and
surrounding property owners, Vice-Chairman Barfield recommended
that Dr. Sobol discuss the proposed new road with the property
owners and work out an agreement that will be acceptable to all
persons involved.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the proposed road closing. The
following persons commented:
Mr. Donald Petersen, a resident of Grand Champion Road,
expressed concern for Blackmon Construction Company trucks
utilizing the road for a sand mining operation stating heavy
trucks have damaged this portion of Grand Champion Road (a
private road) where it joins Carolina Beach Road and have become
a safety hazard to the neighborhood. He recommended rerouting of
the trucks so they do not cross Grand Champion Road and that
Blackmon Construction Company be directed to resurface the road.
.
Mr. Jim Martin, a resident of 140
commented on the safety hazard created by
Company trucks stating this area is a
children. He also commented on debris
Champion Road stating he has requested
Company numerous timesto repair the road
Martin recommended an alternative route.
Grand Champion Road,
Blackmon Construction
bus stop for school
and damage to Grand
Blackmon Construction
with no response. Mr.
Mr. Lesley Nixon, representing Ms. Mary Nixon, an elderly
citizen and adjacent property owner, expressed concern for moving
the entrance of the road as proposed stating this will create a
problem for Ms. Nixon who will live beside the entrance. He
recommended moving the entrance halfway between the two points as
a highway crossover.
Chairman Retchin stated Dr. Sobol has submitted the proposed
request to allow for a contiguous piece of property.
Mr. Hubert Nixon, an adjacent property owner, stated he
never received notification of the proposed road closing and has
just learned that the newly marled road has taken 1/8 of an acre
of his property with no notification to him as a property owner.
Chairman Retchin recommended that Mr. Nixon discuss this matter
with Blackmon Construction Company.
.
Ms. Sonya Bryant, a resident on the unnamed road, stated she
lives on the road being utilized by the trucks and due to usage
of this road by the trucks it is now passable and can be reached
by emergency vehicles. She also commented on the rapid
commercial growth in this area stating placing the road entrance
at Grand Champion Road will be much safer for persons entering
the Carolina Beach Road.
Mr. Danny Weddle inquired
video tape. Chairman Retchin
without prior preparation. Mr.
is commercial dump trucks.
as to whether he could show a
stated this was not possible
Weddle stated 98% of the traffic
Mrs. Melvin Dinkins, an adjacent property owner, presented
background information on the 40 foot right-of-way established in
1931 and stated if the right-of-way is placed away from Ms. Mary
Nixon's home, the neighborhood would agree with Dr. Sobol's
proposal.
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/
( 19 ~INUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 ( CONTINUED)
Mr. William Gore, an adjacent property owner, commented on
the damage to his property by the dump trucks and requested the
Board to support the proposal presented by Dr. Sobol.
Chairman Retchin closed the Public Hearing.
Chairman Retchin recommended that Dr. Sobol re-examine his
proposal and work out an acceptable compromise with residents of
the neighborhood to be presented to the Board at a later date.
Motion: After further discussion, Vice-Chairman Barfield MOVED, 0
SECONDED by Commissioner Greer to delay a decision on the ,
proposed road closing and request Dr. Sobol to workout a suitable
ingress and egress proposal that will be acceptable to the
residents of the neighborhood with the proposal being presented
to the Board at a later date. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY
ESTABLISHING CRITERIA FOR OFF-PREMISE DIRECTIONAL SIGNAGE,
INCLUDING OFF-PREMISE REAL ESTATE SIGNS (A-217)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Text Amendment
was initiated by the Planning Commission in an effort to clarify
the location and size criteria for off-premise directional
signage for real estate jurisdictions in the State to determine
the extent of their regulatory coverage in this area. The
Planning Commission determined that a modified version of the
ordinance of the City of Charlotte would be suitable for New
Hanover County and voted unanimously to approve the following
proposed Text Amendment.
Amend Section 93-3 Direction or Information Sign, Sub-
Section (6) as follows:
(6) Off-premise real estate signs calling attention to
a project or real estate for sale or lease may be
permitted provided they do not exceed one sign per
property, 3 square feet in area and 4 feet in height.
()
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
Text Amendment. No one commented.
Chairman Retchin closed the Public Hearing.
Commissioner Mathews recommended adding the phrase, "one
sign per lot per premise" to the proposed Text Amendment.
Motion: After further discussion, Commissioner
SECONDED by Chairman Retchin to approve the
Amendment with the additional wording as follows:
o I Neal MOVED,
proposed Text
Add under Section 93-3(6) the following:
Off-premise real estate signs calling attention to a project
or real estate for sale or lease may be permitted provided
they do not exceed one sign per lot or premise, 3 square
feet in area and 4 feet in height.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
----
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 22.
PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS
TO MASON LANDING ROAD AND TURNER NURSERY ROAD LOCATED IN HARNETT
TOWNSHIP
Chairman Retchin opened the Public Hearing.
\
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 ( CONTINUED)
/99
..,
Planning Director, Dexter Hayes, presented background
information on the proposed house number assignments and
requested approval of the request in order to accurately identify
property for emergency responses and the delivery of general
county services.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
house number assignments. No one commented.
.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to adopt the order systematically assigning house numbers
to Mason Landing Road and Turner Nursery Road as presented 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 XVIII, Page 22.
APPROVAL OF CAPITAL IMPROVEMENT PROGRAM
Budget Officer, Cam McAbee, presented a proposed Capital
Improvement Program, stating this document will identify the
costs of all projects on a multiple year basis (both operating
and maintenance as well as construction costs); provide public
input on all projects at one time; and assist with spreading
expendi tures evenly over a period of time. She stressed the
importance of following the program, if adopted.
The following implementation schedule was presented:
September - Authorization from the Commissioners to proceed
with the Capital Improvement Program.
.
October
_ Hold meetings with Department Heads to explain
the Capital Improvement Program process and dis-
tribute forms for preparing detailed requests
for projects.
November - Budget and Planning Departments will compile
the document.
December - Document reviewed by Budget Review Team and
Planning Staff.
January
_ Recommended Capital Improvement Program pre-
sented to the Commissioners for review.
Public review and input.
_ Capital Improvement Program approved.
February - Budget and funding requirements for first-year
Capital Improvement Program projects to be
included in the 1991-92 recommended operating
budget.
.
County Manager O'Neal stated the purpose of a Capital
Improvement Program is to establish an on-going process that will
be presented to the County Commissioners annually for a review of
capital projects. He emphasized the importance of following the
program as outlined.
Mr. William Funderburg, a resident of Blue Clay Road,
commented on the current Capital Improvement Program for New
Hanover County and expressed concern for abandonment of the plan.
Chairman Retchin stated the current plan will be incorporated
into the new program.
Mr. Carl Durham, a resident of Bayshore Estates, agreed with
the proposed plan but expressed concern for allowing this program
~
r;oo
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
to replace ~ development of a Strategic Plan. He emphasized the
importance of a Strategic Plan and stated the proposed plan is
only a small piece of the overall planning process. Chairman
Retchin stated a Strategic Plan is in the process of being
developed by Staff.
Motion: After further discussion,
SECONDED by Vice-Chairman Barfield
Improvement Program as presented by
vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Greer MOVED,
to implement a Capital
the Budget Officer. Upon
()
ACTION DEFERRED ON CONSENT AGENDA ITEM #10, AWARD OF CONTRACT FOR
CLOSURE OF CELL #2 AT THE NEW HANOVER COUNTY LANDFILL
Environmental Specialist, Ray Church, stated on August 14,
1990, three bids were received for closure of Cell #2 at the
Landfill as follows:
Dickerson Carolina, Inc.
T. A. Loving Company
Carlisle Contractors, Inc.
$407,825
$508,000
$527,098
He stated at the pre-bid meeting, c'ohVensatiori was held with
the contractors on the anticipated additional acreage; however,
the quotes received were based upon closing 5.5 acres.
Environmental Specialist Church stated the low bid figure
submitted by Dickerson Carolina, Inc. is incorrect and should
read $400,175 for closure of 5.5 acres and requested authority to
negotiate the additional 2.5 acres with Dickerson Carolina, Inc.
at an approximate cost of $171,064 for a total price of $571,239
for closure of 8 acres.
Commissioner Greer inquired as to why the bid was submitted
for only a portion of the closure and recommended not awarding
the bid until a total figure has been negotiated.
Environmental
cell closure has
additional acreage
the cell closure.
Specialist Church stated preparation for the
been in process since 1988; therefore,
has accumulated and needs to be included in
()
Commissioner Greer inquired as to the time extension on the
low bid and asked if the proj ect should be rebid including the
additional 2.5 acres. Environmental Specialist Church stated to
rebid the project will be more costly to the County.
Vice-Chairman Barfield expressed concern for adding
addi tional acreage and not allowing all bidders to compete for
the entire cell closure. Environmental Specialist Church stated
the contractors were aware that additional acreage would probably
be included.
Mr. William Funderburg, a resident of Blue Clay Road,
recommended requesting a time extension of 30-60 days.
Consensus: After further discussion, it was the consensus of the
Board to request Environmental Specialist Church to request a
time extension from the low bidder and negotiate a price for
closure of 8 acres before awarding the bid.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Chairman Retchin recessed the meeting to hold a Regular
Meeting of the Water & Sewer District from 10:35 o'clock P.M. to
10:56 o'clock P.M.
o
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
~
2,01
COMMITTEE APPOINTMENTS
APPOINTMENT OF STEPHEN S. DANIELS AND HARRY DORSEY TO SERVE ON
THE BOARD OF EXAMINERS OF ELECTRICIANS
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to appoint Mr. Stephen S. Daniels and Mr. Harry Dorsey to
serve three-year terms on the Board of Examiners of Electricians
in the category of electrical contractor. The terms are to
expire September 2, 1992. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
.
APPOINTMENT OF JOSEPH R. MILLER TO SERVE ON THE NEW HANOVER
COUNTY BOARD OF FIRE COMMISSIONERS
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
O'Neal to appoint Mr. Joseph R. Miller to serve a three-year term
on the New Hanover County Board of Fire Commissioners
representing the North Wilmington Fire District. The term is to
expire July 1, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF EDWARD V. GRACE AND CATHERINE M. FAVER TO SERVE ON
THE LIBRARY ADVISORY BOARD
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Mathews to appoint Mr. Edward V. Grace and Catherine M. Faver to
serve three-year terms on the Library Advisory Board. The terms
will expire August 31, 1993. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
.
Approval of Funding Request for the Rankin Terrace Conununity
Enrichment Program
Vice-Chairman Barfield stated funding in the amount of
$17,000 is needed to pay salaries and benefits for the
coordinator position through June 30, 1990, in order to continue
the Rankin Terrace Community Enrichment Program. He requested
the Board to approve funding in the amount of $8,500 with an
appeal to the City to approve the same amount of funding.
Motion: After "further discussion, Vice-Chairman Barfield MOVED,
SECONDED by Chairman Retchin to approve funding in the amount of
$8,500 and authorize the County Manager to appeal to the City for
matching funds in the amount of $8,500 for continuation of the
program. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF DEPARTMENT OF TRANSPORTATION AGREEMENT #ENG-89-0017
AND #ENG-90-0245 FOR CONSTRUCTION OF ACCESS ROAD TO THE NEW
AIRPORT TERMINAL
Assistant County Manager, Mary Gornto, stated in order to
complete the lighting as designed prior to the opening of the new
facility, an amendment is needed to the existing Agreement for
Reimbursable Work and the existing Encroachment Agreement must be
nullified. She requested the Board to approve both actions as
presented stating the Airport Authority is in agreement with the
proposed contracts.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Mathews to amend the existing Agreement for Reimbursable Work and
to nullify the existing Encroachment Agreement as recommended.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
.
Copies of the contracts are on file in the Legal Department.
APPROVAL OF CONTRACT #AGE-90-0280 WITH TAXICABS, INC. FOR MEDICAL
TRANSPORTATION - DEPARTMENT OF AGING
Assistant County Manager, Mary Gornto, requested approval of
a contract with Taxicabs, Inc. for medical transportation offered
by the Department of Aging until the new transportation system is
in place (approximately three weeks). Cost for the service will
be appropriated from the Elderly and Handicapped account;
therefore, no additional funds are needed.
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/
( 2"C1~ES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
O'Neal to approve the contract with Taxicabs, Inc. as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
DISCUSSION OF LEGISLATIVE GOALS
County Manager O'Neal stated the North Carolina Association
of County Commissioners will be holding the Legislative Goals
Conference in Pinehurst, North Carolina, on December 12-13, 1990,
and they have requested counties to submit legislative goals and
issues that should be brought before the State Legislature. The
following goals were presented by Staff:
o
1. Define in the General Statues what is meant by a
"responsible bidder".
2.
Vehicles should be
purchases a license
being collected by
counties.
taxed at the time an owner
plate/sticker with the fee
the state and passed on to
3. Request the State to consider the resources of
counties and timing of budget process.
4. Increase court fees to cover actual costs.
5. Request additional field staff in the N. C.
Environment Health Resources specifically in the
waste management area to assist with landfill
permitting and waste monitoring.
County Manager O'Neal stated if the Commissioners have
additional items, please contact him so they can be placed on the
list to be presented to the Board on September 17, 1990.
o
FOOD MEDIATION PANEL REQUESTED TO RECONVENE
Chairman Retchin recommended requesting the Food Mediation
Panel to reconvene to develop By-laws and a. Charter.
Consensus: It was the consensus of the Board to request members
of the Mediation Panel to reconvene to develop By-laws and a
Charter for the new non-profit organization, Community Food
Center, Inc., and to assign Assistant County Attorney, Kemp
Burpeau to work with the panel in formulating the necessary
documents.
DISCUSSION OF QUILT BEING PREPARED BY THE DOMESTIC VIOLENCE
SHELTER
Chairman Retchin stated the Domestic Violence Shelter has
requested the County to prepare a design that will be
representative of New Hanover County to be used as a center piece
for a quilt project being sponsored by that organization.
Assistant County Manager, Mary Gornto,
contacting the graphic designer at the Museum.
recommended
Consensus: After further discussion, it was the consensus of the
Board to request the Assistant County Manager to be responsible
for an appropriate design.
o
DISCUSSION OF AD HOC PLANNING ADVISORY COMMITTEE
Chairman Retchin stated recommendations from the Ad Hoc
Planning Advisory Committee have been received. He complimented
the Committee on an excellent job and recommended discussion of
this item at the first meeting in October.
DISCUSSION OF MEETING WITH HOSPITAL BOARD OF TRUSTEES
Commissioner 0' Neal stated the Hospital Board of Trustees
has requested scheduling a j oint meeting with the Board of
Commissioners to meet the new President, hear a brief
presentation on current activities of the hospital, and tour the
facility after the meeting.
\
.
.
.
MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED)
2 0 3 ""IIIl
Consensus: I t was the consensus of
Clerk to work with the Hospital
arranging a meeting.
the Board to request
Administrative office
the
in
MEETING CONTINUED UNTIL SEPTEMBER 13, 1990
County Manager O'Neal recommended recessing the meeting
until September 13, 1990, at 12:00 noon in Room 501 of the New
Hanover County Administration Building to hold an Executive
Session to discuss land acquisition and pending litigation.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Mathews to convene to Executive Session to discuss land
acquisition and pending litigation and to continue the Executive
Session until September 13, 1990, at 12:00 noon in Room 501 of
the New Hanover County Administration Building, Wilmington, North
Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened to Executive Session at 11:32
o'clock P.M. and continued the Executive Session until Thursday,
September 13, 1990, at 12:00 noon.
EXECUTIVE SESSION - SEPTEMBER 13, 1990
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Mathews to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 3:51
o'clock P.M.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Mathews to adjourn the continued meeting. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 3:52 o'clock P.M.
Respectfully submitted,
q?d~
Lucie F. Harrell
Clerk to the Board
~