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HomeMy WebLinkAbout1990-09-04 Regular Meeting . '~-::::;..*' .' .' /1'5 ~ 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 ~ ~ (/;:/, \ 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: (\ \,.i 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. n \,~~~' 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. .. 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. . 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 . 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. ~ ( 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. () 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 ) 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. . 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. . 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. . 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. ~ ( cl~S OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED) i 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: () () o MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED) -19,,1 ~ 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. . 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. . 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. ~ ( 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 ~ MINUTES OF REGULAR MEETING, SEPTEMBER 4, 1990 (CONTINUED) ~ .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 ~ ( 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 ~ 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. ~ 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. ~ / ( 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. ~ / ( 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 ~