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1990-11-05 Regular Meeting 255 ~ MINUTES OF REGULAR MEETING, NOVEMBER The New Hanover County Board of Session on Monday, November 5, 1990, Assembly Room of the Courthouse, Wilmington, North Carolina. 5, 1990 Commissioners met in Regular at 7:30 o'clock P.M. in the 24 North Third Street, . Members present were: Commissioners Robert G. Greer; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman Jonathan Barfield, Sr.; Chairman Fred Retchin; County Manager, Allen O'Neal; County At torney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Aaron Moore, Pastor of Warner Temple A.M.E. Zion Church, gave the invocation. Commissioner Robert G. Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA Commissioner O'Neal requested removal of Consent Agenda Item #13 for discussion at a later date due to receiving a call from Mr. William Funderburg who would like to appear at the next meeting and present additional information on the possibility of other graves being located on the site. . Chairman Retchin stated after discussion with the Assistant County Attorney, Wanda Copley, it was his understanding that Mr. Funderburg was satisfied with the proposed grave relocation. Attorney Wayne Bullard, representing the property owner in Landfall, stated in order for the owner to sell the lot, the grave must be relocated before the loan can be closed. He stressed the importance of avoiding a delay on the sale of the lot and requested the Board to approve the proposed relocation of the abandoned grave and headstone as requested. Motion: After further discussion, Commissioner 0' Neal MOVED, SECONDED by Vice-Chairman Barfield to remove the item fr'om the Consent Agenda and discuss this proposal as a regular agenda item. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield to approve the remaining Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: . Emergency Session - Hurricane Lili October 12, 1990 Regular Meeting October 15, 1990 Special Meeting - Hospital Board of Trustees October 17, 1990 Adoption of Proclamation Designating "Youth Appreciation Week" in New Hanover County The Commissioners adopted a proclamation designating November 10-17, 1990, as "Youth Appreciation Week" in New Hanover County. ~ (256 MINUTES OF REGULAR MEETING. NOVEMBER 5. 1990 (CONTINUED) I A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 27. Adoption of Proclamation Designating "National Home Care Week" in New Hanover County The Commissioners adopted a proclamation designating November 25, 1990, through December 1, 1990, as "National Home Care Week" 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 27. () Acceptance of Change Order Report #17 The Commissioners accepted Change Order Report #17 for the period ending October 11, 1990, as presented by the Deputy County Manager. A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 27. Adoption of Resolution Adding Roads to the State Secondary Road System The Commissioners adopted a resolution adding the following roads to the State Secondary Road System: -Rabbit Run - Rabbit Run Subdivision - (Div. File No. 660-N) -Buck Dr. - White Oak Plantation Sub.- (Div. File No. 647-N) -Roads in Section 1, 2, 3, 4, & 5 of Stratford Place Subdiv. (Division File No. 651-N & 654-N) Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 27. Adoption of Resolution Accepting Offer by Oscar A. Graham for Purchase of Property Jointly OWned by the City and County () The Commissioners accepted an offer from Oscar A. Graham for purchase of the following property owned jointly by the City and ~ County: Parcel Number R0048-18-016-014.000 Address 107 N. 11th Street Amount of Offer $1,200 This property represents ad valorem tax values as of 1983 totaling $2,000 and the offer has been duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 27. Approval of Revised Contract #MIS-90-0390 with Southern Bell The Commissioners approved the revised contract with Southern Bell as presented by the Director of MIS. The modified contract will reduce the monthly telephone expense by $562 and enhance the present ESSX system with additional features. A copy of the revised contract is on file in the Legal Department. Approval of Budget Amendment #91-0077 - Department of Social Services () The commissioners approved the following budget amendment: \ . 91-0077 Social Services/Repatriates Program Debit Credit social Services/Repatriates Program Federal Grant $20,000 " Assistance PaYments $20,000 Purpose: To establish budget for the Repatriates Program, which will assist families displaced from Iraq and Kuwaite that have ~ . . . MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 257 ~ settled in the area. The expenses will be 100 percent reimbursed by the federal government. Approval of Budget Amendment #91-0078 - Parks & Recreation The Commissioners approved the following budget amendment: 91-0078 General Fund/Parks Debit Credit General Fund Appropriated Fund Balance $29,000 Parks Other Improvements $29,000 Purpose: To rollover funds for the Myrtle Grove Middle School Park concession and restroom building. The Commissioners approved using impact fees for the project on January 2, 1990. Approval of Budget Amendment #91-0079 - Sheriff's Department The Commissioners approved the following budget amendment: 91-0079 Sheriff/Administration Debit Credit Sheriff/Administration Other $11,910 Motor Vehicle Purchase $11,910 Purpose: To budget insurance settlement for a totaled vehicle for purchase of a replacement vehicle. Authorization for Chairman to Transportation Grant Agreement Coordinated Transportation System The Commissioners authorized the Chairman to execute the Section 18 Transportation Grant agreement for the recently developed coordinated transportation system. Execute Section 18 Public (Contract PUB-90-0383) for A copy of the agreement is on file in the Legal Department. Approval of Change Order to #ENG90-0109-01 Carolina, Inc. for Cell #2 Closure - Landfill The Commissioners approved a change order the contract with Dickerson Carolina for additional 2.5 acres at the Landfill. With Dickerson adding 41 days to closure of the A copy of the Change Order is on file in the Legal Department. APPROVAL OF CONSENT AGENDA ITEM 13 - RELOCATION OF ABANDONED GRAVE AND HEADSTONE IN THE LANDFALL SUBDIVISION Assistant County Attorney, Wanda Copley, stated the General Statutes require consent of the Board of Commissioners for relocation of the abandoned grave and appointment of the Health Director and County Engineer as designees to supervise the process. Commissioner O'Neal expressed concern for rushing into this process before knowing if other graves are located on the site and recommended delaying action until the next regularly scheduled meeting at which time Mr. William Funderburg can comment on this matter. Motion: After further discussion of the removal process and no other graves reported in the Landfall area, Chairman Retchin MOVED, SECONDED by Commissioner Greer to authorize permission to disinter the grave and relocate to Block 15, Landfall Subdivision I and to appoint the County Engineer and Health Director to supervise the relocation process. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( 258NUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) ENDORSEMENT OF NAME CHANGE FOR NEW HANOVER MEMORIAL HOSPITAL Chairman Retchin stated a request has been received from the Hospital Board of Trustees for endorsement of a name change for the hospital from New Hanover Memorial Hospital to "New Hanover Regional Medical Center". The purpose of the name change is to more accurately define the hospital as a regional facility providing services to southeastern North Carolina. Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to endorse the proposed name change, New Hanover Regional Medical Center, as requested by the Hospital Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ PUBLIC HEARING TO CONSIDER APPLYING SPECIAL HIGHWAY DISTRICT REGULATIONS TO A PORTION OF U. S. HIGHWAY 17 STREET - Z-399) Chairman Retchin opened the Public Hearing. OVERLAY ( MARKET Planning Director Hayes presented background information on the application of Special Highway Overlay District (SHOD) regulations to a portion of U. S. Highway 17 from the traffic signal at Ogden to the Pender County line. After study and review, the Ad Hoc Advisory Committee, Planning Commission, and Planning Staff recommended application of SHOD to Market Street feeling it would be beneficial to the County. Chairman Retchin asked if anyone from the general public would like to speak in favor of the proposed SHOD regulations. The following persons commented: Dr. Robert Brown, a resident of Middle Sound, requested the Board to approve SHOD regulations and emphasized the importance of making a decision that will benefit all citizens of the County. He commented on future commercial development stating adoption of these regulations will stop strip commercial zoning and allow for orderly growth along this corridor. Mr. Otis Johnson, representing the Porters Neck Quality of Life Association, stated this corridor must be protected and respectfully requested the Board to adopt the SHOD regulations. ~ Chairman Retchin asked if anyone from the general public would like to speak in opposition to the proposed SHOD regulations. The following persons commented: Ms. Naomi Yopp, a property owner on Market Street, expressed concern for depriving her the right to develop her property commercially after paying taxes for the past 50 years. Mr. Robert Murray, a property owner on Market Street, expressed concern for depriving him the right to expand his present business by adoption of the SHOD regulations. He requested the Board to delay making a decision on this request in order to further study the Carolina Power & Light right-of-way and the number of small property owners that will be negatively impacted by adoption of these regulations. Chairman Retchin closed the Public Hearing. Vice-Chairman Barfield cautioned adopting SHOD regulations for this area without further study of the impact upon small property owners. He stated application of SHOD regulations to Eastwood Road, Military Cut-Off Road, and River Road were beneficial since large parcels of land were involved and property owners were not negatively impacted; however, small property owners on this portion of Highway 17 will be severely affected; therefore, he feels further study is needed. o \ Motion: After a lengthy discussion of benefits derived from application of SHOD regulations, Commissioner O'Neal MOVED, SECONDED by Chairman Retchin to approve application of the Special Highway Overlay District regulations to Highway 17 from the traffic signal at Ogden to the Pender County Line. Upon vote, the MOTION CARRIED AS FOLLOWS: . . . MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 ( CONTINUED) 259 ~ Voting Aye: Commissioner Greer Commissioner Mathews Commissioner O'Neal Chairman Retchin Voting Nay: Vice-Chairman Barfield PUBLIC HEARING TO CONSIDER A REQUEST BY KENNETH PARKER APPROXIMATELY ELEVEN (11) ACRES ON THE NORTHWEST SIDE 17 SOUTH OF PORTERS NECK ROAD TO B-2 BUSINESS RESIDENTIAL (Z-398 - CONTINUED ITEM AND APPEALED CASE) Chairman Retchin opened the Public Hearing. TO REZONE OF HIGHWAY FROM R-15 Planning Director Hayes presented background information on the proposed rezoning and stated this item was deferred until a determination was made on SHOD regulations for Market Street. Both the Planning Commission and Planning Staff recommend denial of the request in order to discourage strip commercial development along this corridor. The applicant presented the proposed rezoning request to the leadership of the Porters Neck Community to determine the amount of support for additional commercial development, and they overwhelmingly rejected the proposal feeling no additional commercial development is needed. Chairman Retchin asked if would like to speak in favor following persons commented: anyone from the general public of the rezoning request. The Mr. Kenneth Parker, the petitioner, stated application of SHOD regulations will not negatively impact development of this property and requested approval of the commercial rezoning in order to utilize the property to its fullest potential. He commented on the proposed use being compatible with surrounding commercial development and stated if a property owner is denied the right to develop his/her property, the owner should be justly compensated. Mr. David Skipper, owner of property in the Special Highway Overlay District for the past 50 years, stated he does not plan to commercially develop the property at the present time; however, with the widening of Highway 17, this portion of Market Street will become less desirable for future residential use; therefore, he feels property owners should be allowed to commercially develop property when compatible with surrounding uses. He requested the Board to approve the rezoning request. Mr. Lloyd Brinkley, a property owner in the SHOD District, stated members of the Porters Neck Quality of Life group, who advocate protection of the environment and oppose any commercial development in the area, are endangering the quality of life much more than commercial development through the use of septic tanks which continually pollute the waterway. He requested approval of the commercial rezoning stating he would like the convenience of a shopping center in the immediate area to avoid trips to town. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the proposed rezoning request. The following person commented: Dr. Robert Brown, a resident of Middle Sound, stated the question to be answered is whether evidence has been presented that justifies rezoning of this property for the common good of the residents of New Hanover County as opposed to the good of the property owner. He requested the Commissioners to consider whether additional commercial development is needed in this area before approving the rezoning request. Mr. Conrad Lowman, a resident of Porters Neck area, commented on the Porters Neck Plan which did not support additional commercial development in the area and requested the Commissioners to deny the B-2 zoning request. Chairman Retchin closed the Public Hearing. ~ ( 2"6 C1INUTES OF REGUIJ\R MEETING. NOVEMBER 5. 1990 ( CONTINUED) I Motion: Commissioner Mathews stated with approval of SHOD for this portion of Market Street he would MOVE to approve the B-2 zoning as requested by the petitioner. Commissioner Greer SECONDED THE MOTION. The floor was opened for discussion. Commissioner O'Neal stated he could not support strip commercial development. After further discussion, Chairman Retchin called for a vote on the MOTION to approve the B-2 zoning as requested by the petitioner. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Greer Commissioner Mathews Vice-Chairman Barfield Chairman Retchin o Voting Nay: Commissioner O'Neal A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971" is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 21. BREAK Chairman Retchin recessed the meeting for a break from 8:45 o'clock P.M. until 9:01 o'clock P.M. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY FIVE (5) ACRES ON THE EAST SIDE OF U. S. HIGHWAY 117 SOUTH OF GOFF DRIVE TO 1-1 INDUSTRIAL FROM R-20 RESIDENTIAL (Z-415) Chairman Retchin opened the Public Hearing. Planning Director Hayes stated the petitioner seeks to rezone approximately five (5) acres on U. S. Highway 117 South of 0 Goff Drive. The Planning Commission recommends approval of a ,-. modified version of the request which would rezone the property to a depth of 800 feet stopping the zoning depth at the corner of Parcel #3 in order to protect a small pocket of residential uses adjacent to the property. The Planning Staff recommends denial of the rezoning request in order to avoid uncontrolled strip development. Chairman Retchin asked if would like to speak in favor following person commented: anyone from the general public of the rezoning request. The Mr. Tom Goff, the petitioner, requested approval of the rezoning request stating surrounding properties are already zoned for industrial use. 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: After discussion of the proposed road, Vice-Chairman Barfield MOVED, to rezone the entire parcel 1-1 Industrial as 0 requested by the petitioner. The MOTION FAILED due to not receiving a SECOND. "-- . Motion: After further discussion, Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to approve Office and Industrial rezoning to a 800 ft. depth from the Castle Hayne Road 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 THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, the Castle Hayne Section, Page 13. . . . MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 261 ~ PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ADD ONE SPACE TO AN EXISTING TEN (10) UNIT MOBILE HOME PARK AT 1710 OAKLEY LOOP ROAD (S-322) Chairman Retchin opened the Public Hearing and stated the special use process 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: Mr. J. T. Marley Planning Director Hayes stated the applicant seeks to add one rental space to an existing ten (10) unit mobile home park. The site is on Oakley Loop Road. The Planning Commission recommends approval since no adverse impacts are anticipated by issuance of the Special Use Permit. Planning Director Hayes presented the following Staff findings: 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 and approved based upon the following findings: 1. The applicant has obtained an improvement permit from the County Health Department for the installation of a septic tank. 2. An existing on-site well will provide water service. 3. The addition, consisting of one lot, will have access to Oakley Road via an internal access road. 4. The site is located wi thin the Castle Hayne Volunteer Fire Department District. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: 1. New mobile home parks or expansions of mobile home parks require a Special Use Permit. 2. The subject property is zoned R-15 Residential, which permits mobile home parks by Special Use Permit. 3. The proposed expansion complies with all the conditions of the Mobile Home Park and Travel Trailer Ordinance. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: 1. The lot addition will be part of an existing ten (10) unit mobile home park. General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: 1. There are other mobile homes in the general vicinity. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of granting the Special Use Permit. The following person commented: Mr. J. T. Marley, the petitioner, commented on the expansion and requested approval of the Special Use Permit. Chairman Retchin asked Mr. Marley if he agreed with the findings as presented by the Planning Staff. Mr. Marley stated he concurred with the statements as presented. ~ ( 2.6,INUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 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. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner 0' Neal to grant the Special Use Permit as requested based upon the evidence presented and the findings of fact satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 44. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO UNITED CEREBRAL PALSY, INC. NORTH CAROLINA TO ESTABLISH A CHILD DAY CARE CENTER ON THE WEST SIDE OF MILITARY CUT-OFF ROAD (S-324) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, all persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Ms. Nancy Bundy Mr. Walter Vick Mr. John W. Bridges Planning Director Hayes stated the applicant seeks to establish a child day care center on the west side of the Military Cut-Off Road. The initial site plan called for two access alternatives, directly to the Military Cut-Off Road or to the Military Cut-Off Road via Old McCumber Road. The Planning Commission recommended approval of the Special Use Permit provided that the McCumber Road access option is utilized. Planning Director Hayes presented the following Staff () findings: General Requirement #1: The proposed use will not materially endanger the public health or safety if located and developed as proposed based upon the following findings: 1. The proposed use will be located on the west side of Military Cut-Off Road. Access to the site will be from Old McCumber road on the north side of the site. 2. The property is located wi thin the Ogden Volunteer Fire Department District. 3. A County sewer line is being installed along Military Cut-Off Road. Water and sewer service to the site is likely to be supplied by on-site sources. General Requirement #2: The proposed use meets all required conditions and specifications based upon the following findings of fact: 1. Child day care is permitted by Special Use Permit in the R-15 Residential District. This property is zoned R-15. 2. The proposed facility, consisting of 4,500 square feet, will house up to 45 children and 20 employees. o 3. A playground, 4,000 square feet in area and enclosed by a 4-foot high fence, is also proposed. 4. No permits have been issued by the State Day Care Licensing Agency, and a local Certificate of Occupancy cannot be issued until all other local and applicable state requirements have been met. ~ General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 263 -.., 1. Property on the west side of the road in the immediate area is either vacant or used for agricultural purposes. General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity wi th the plan of development for New Hanover County based upon the following findings: . 1. There is no definitive land development pattern in this area. Uses located within reasonable proximity to this site include single-family structures, a gun range, private utility facility (CP&L), mobile home park, and ag~icultural uses. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of granting the special Use Permit. Mr. Walter Vick, representing United Cerebral Palsy of North Carolina, commented on the need for this facility and requested approval of the special Use Permit to establish the day care center. Chairman Retchin asked Mr. Vick if he findings as presented by the Planning Staff. concurred with the statements as presented. agreed with the Mr. Vick stated he Chairman Retchin asked if anyone from the general public would like to speak in opposition to issuance of the Special Use Permit. The following person commented: . Mr. John Wesley Bridges, on behalf of his mother who lives at 353 McCumber Road, expressed concern for traffic in this area and requested the Board to place a traffic signal at this intersection. He stated he is not opposed to establishment of the day care center, but he is concerned about increased traffic. Consensus: It was the consensus of the Board to authorize the Chairman to request the N. C. Department of Transportation to consider location of a traffic signal at the intersection of the Military Cut-Off Road and Old McCumber Road. Chairman Retchin closed the Public Hearing. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Mathews to grant the Special Use Permit based upon the evidence presented and findings of facts satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a a part of the minutes and is contained in SUP Book I, Page 44. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR CONVERSION OF AN EXISTING SINGLE-FAMILY DWELLING LOCATED ON SANTA MARIA AVENUE TO A DUPLEX (S-325) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following person was sworn in: . Mr. Ligon B. Flynn Planning Director Hayes stated the applicant seeks to convert an existing single-family dwelling into a duplex by adding an additional single dwelling to the existing structure. After review, the Planning Commission recommended approval of the Special Use Permit. Planning Director Hayes presented the following Staff findings: 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 and approved based upon the following findings: ~ ------- (/ 2~rS OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) I 1. The proposed duplex will be served by an on-site well and septic system. 2. Access to the site via Santa Maria Avenue, a platted but unimproved right-of-way. The current access is merely a one lane private dirt drive. 3. The site is located within the Ogden Volunteer Fire Department District. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: o 1. Duplexes are permitted by Special Use permi"t in the R-20 District. This site is zoned R-20. 2. A minimum of 35,000 square feet in land area is required for a duplex. The site's total area is 1.9 acres. 3. Off-street parking can be easily accommodated on the site. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: 1. Land is sparsely developed in the general area and most of the adj oining lots are larger tracts of land. The larger lot sizes encourage less density and greater setbacks. General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity wi th the plan of development for New Hanover County based upon the following findings: a. Land development in the area is generally limited to larger single-family structures on large lots. n Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of granting the Special Use Permit. The following person commented: Mr. Ligon Flynn, representing the petitioner Carlson, Jr., stated the purpose of the duplex is living quarters for Mr. Carlson's daughter and requested approval of the Special Use Permit. Mr . C . I . to provide child. He 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 Greer to grant the Special Use Permit based upon the evidence presented and the findings of fact satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 44. PUBLIC HEARING TO CONSIDER A REQUEST BY ARNOLD SOBOL TO CLOSE A PORTION OF AN UNNAMED ROAD NORTH OF EQUESTRIAN ESTATES SUBDIVISION, FEDERAL POINT TOWNSHIP (SC-50 - CONTINUED ITEM) Chairman Retchin opened the Public Hearing. o Planning Director Hayes stated a new alignment for placement of the new road has been submitted by the petitioner which would shift the actual road south approximately 25 feet from the northern right-of-way and would be located between 35 to 40 feet south of the residence owned by Ms. Dorothy Nixon. i ~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 265 ~ Commissioner Barfield expressed concern for right-of-way and recommended that the petitioner right-of-way by 10 additional feet. the 40 increase foot the Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to closing this section of the unnamed road. . Dr. Arnold Sobol, the petitioner, stated the Department of Transportation designed the road plan, and that he complied to that plan. Mr. Clyde Dinkins, a property owner on the unnamed road, requested a 25 ft. buffer with a 40 foot right-of-way. He expressed concern for removal of his right-of-way, which was the property of his grandfather, without being assured he will receive the same amount of right-of-way with construction of a new road. Commissioner Barfield, again, requested the petitioner to increase the right-of-way. Dr. Sobol stated he is willing to increase the right-of-way to 65 feet. Mr. Donald Peterson, a resident of Grand Champion Road, requested that the road be closed due to the traffic hazard in this area. Chairman Retchin closed the Public Hearing. Commissioner O'Neal expressed concern for performing staff work and stated he would not support an increase in the right-of-way. . Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield to increase the right-of-way of the new road to 65 feet with the closing of the unnamed road north of Equestrian Estates not being finalized until the new road is constructed and recorded in accordance with County Subdivision Regulations. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Greer Commissioner Mathews Vice-Chairman Barfield Chairman Retchin Voting Nay: Commissioner O'Neal A copy of the order will be placed in the Exhibit Book XVIII, Page 27 as a part of the minutes once the document is recorded. PUBLIC HEARING TO CONSIDER A REQUEST TO RENAME CENTRAL AVENUE TO BUENA VISTA CIRCLE, LOCATED IN THE COMMUNITY OF MIDDLE SOUND, HARNETT TOWNSHIP (SN-59) Chairman Retchin opened the Public Hearing. Planning Director Hayes stated Thomas Broadfoot requested renaming Central Avenue to Buena Vista Circle. . Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed road name change. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to adopt an order renaming Central Avenue to Buena Vista Circle. 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 27. ~ /. MINUTES OF REGULAR MEETING, NOVEMBER 5, 19 90 (CONTINUED) ( 266 I PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS TO RESIDENTIAL PROPERTIES LOCATED ON CASTLE HEIGHTS DRIVE, IN THE COMMUNITY OF CASTLE HAYNE, CAPE FEAR TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes requested adoption of an order systematically assigning house numbers on Castle Heights Drive to accurately identify property for delivery of county services and emergency responses. Chairman Retchin would like to speak reassignment of house commented. asked if anyone from the general public in favor of or in opposition to the numbers on Castle Heights Drive. No one Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to authorize the Planning Staff to systematically assign house numbers to residential properties located on Castle Heights Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AUTHORIZATION TO EXCEED GRANT LIMIT FOR PARTICIPANT OF THE HOUSING REHABILITATION PROGRAM Planning Director Hayes stated in April, 1990, a $162,500 Energy Conservation and Housing Rehabilitation Grant was awarded to Wilmington Housing, Finance and Development Agency, Inc. (WHFD) to assist 22 very low and low income households rehabilitate their dwellings in the unincorporated County. The level of assistance was limited to $7,500 per dwelling with the County establishing a limit of $4,000 per dwelling unit. In August, an elderly person living on North Kerr Avenue applied for assistance through the program. Upon inspection of the dwelling by the WHFD Rehabilitation Specialist and County Planning Staff, it was found that the residence had no indoor plumbing facilities and other structural problems. Proposals were submitted for construction of a bathroom, installation of plumbing, and correction of structural problems. The lowest proposal received was $13,500; therefore, the Planning Department is requesting authorization to exceed the County's established $4,000 grant limit by $3,000 in order to bring this residence into compliance with State Building and Plumbing Codes. Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to authorize the Planning Department to exceed the grant limit up to $3,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER DISTRICT Chairman Retchin recessed the meeting from 10: 00 0' clock P.M. until 10:10 o'clock P.M. to hold a meeting of the New Hanover County Water & Sewer District. AUTHORIZATION FOR INSTALLATION OF TWO ( 2) MONITORING WELLS ON AIRPORT PROPERTY ADJACENT TO THE TRASK DEMOLITION DUMP SITE Director of Environmental Management, Ray Church, stated as a portion of the closure requirements of the non-conforming open demolition dump owned by Mr. Alex Trask adjacent to the Airport, the N. C. Division of Solid Waste Management is requiring Mr. Trask to install and sample groundwater monitoring wells. The wells are to be placed 100 feet from the waste boundary; therefore, two monitoring wells to the south and southwest of the dump will be located on airport property. The State has requested permission to install, maintain, and sample the wells on airport property by November 10, 1990, subject to no aircraft interference or violations of FAA regulations. The Legal Department is to establish terms, conditions and limits of liabilities as part of the authorization for installation of the wells. I ~ Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to authorize the N. C. Division of Solid Waste Management () () () MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) 267 ~ to install and monitor two (2) wells on airport property contingent upon no aircraft interference or violations of FAA regulations. The Legal Department is to prepare a contract to establish terms, conditions and limits of liabilities as part of the authorization. Upon vote, the MOTION CARRIED UNANIMOUSLY. . APPROVAL OF CHANGE ORDER NO. 89-0006-02 TO STEAM PLANT BOILER/STOKER CONTRACT ISTE-89-0006 Director of Environmental Management, Ray Church, commented on adding a nitrous oxides control system to the new boiler in order to reduce nitrous oxides and sulfur emissions. Volund USA Ltd. was requested to design the boiler openings and access platforms; therefore, Staff requests approval of a Change Order in the amount of $13,230. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner 0' Neal to approve Change Order #89-0006-02 in the amount of $13,230 for design of boiler openings and access platforms for installation of the nitrous oxides control system on the new boiler at the Steam Plant. The Chairman was authorized to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CHANGE ORDER 190-0007-01 TO CONTRACT ISTE-90-0007 WITH CLANCY & THEYS FOR SITE WORK, FOUNDATIONS & STRUCTURES - STEAM PLANT EXPANSION PROJECT County Manager O'Neal presented the following change order with Clancy & Theys and requested approval by the Board: 1. Install 18" sleeve in turbine foundation wall for condensate piping. $ 401 2. Install drain with piping in turbine foundation slab. $ 2,703 . 3. Change pavement in tipping floor area from asphalt to concrete. $27,221 4. Provide concrete equipment pads for pumps & other mechanical & electrical equipment. $ 7,384 5. To remove old stack and make room for new construction. $ 2,875 6. Install 6'W x 9'H hollow metal double floor on water building. $ 530 TOTAL AMOUNT $41,114 Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to approve Change Order #90-0007-01 in the amount of $41,114 as presented. The Chairman was authorized to execute the necessary documents. REJECTION OF BIDS FOR NEW SENIOR CENTER . Motion: After discussion, Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to reject all bids received for construction of the new senior center due to apparent discrepancies existing between the plans and specifications. Staff was directed to direct the architect to resolve the discrepancies and re-advertise for bids. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF BUDGET AMENDMENT 191-0070 TO BUDGET FUNDS FOR JURY PARKING AT THE CITY OF WILMINGTON'S PARKING DECK County Manager O'Neal requested approval of a budget amendment to reimburse the City of Wilmington for jury parking at the City's parking deck located on Third Street. He stated Staff ~ (2.~s OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) is currently negotiating with a property owner in the downtown area for use of a lot that would be less expensive; however, no firm commitment has been received. Commissioner Mathews inquired as to whether the City can reduce the hourly rated charged for jury parking. County Manager O'Neal stated the City is operating under a contract and cannot reduce the hourly rate. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Greer to approve the following budget amendment to budget funds for jury parking at City of Wilmington's Parking Deck. Upon vote, the MOTION CARRIED UNANIMOUSLY. o 91-0070 Non-Departmental/Clerk of Court Debit Credit Non-Departmental Contingency $25,220 Clerk of Court Juror Parking $25,220 Purpose: To transfer funds budget funds for jury parking deck located on Third Street. $2,000 per month. from the contingency account to at the City of Wilmington's parking The cost is estimated to be about COMMITTEE APPOINTMENTS APPOINTMENT OF ANNE HARDAWAY TO SERVE ON THE NURSING HOME ADVISORY BOARD Motion: Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to appoint Anne Hardaway to fill an unexpired term on the Nursing Home Advisory Board. The term will expire June 1, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. o APPOINTMENT OF WILLIAM SUTTON TO THE NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Chairman Retchin stated due to the untimely death of Pete Fensel a vacancy exists on the Hospital Board of Trustees. He recommended appointment of William Sutton to the unexpired term since he was one of the two nominees considered when filling the last vacancy. Commissioner 0' Neal stated the Hospital Board of Trustees has expressed a desire to appoint a Certified Public Accountant to fill this vacancy; however, time is needed to recruit additional applications. Motion: After further discussion, Chairman SECONDED by Commissioner Mathews to appoint Mr. fill the unexpired term of Pete Fensel on the Trustees. The term will expire September 30, the MOTION CARRIED UNANIMOUSLY. Retchin MOVED, William Sutton to Hospital Board of 1992. Upon vote, APPOINTMENT OF NELLO FILIPPINI TO SERVE ON THE ZONING BOARD OF ADJUSTMENT o Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Retchin to appoint Nello Filippini, currently serving as an alternate on the Zoning Board of Adjustment, to fill a vacancy on the Zoning Board of Adj ustment. The term will expire November 15, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Pay and Classification Study County Manager O'Neal stated the Department Heads will meet to discuss the procedure for moving forward with the Pay and Classification Study. ~ . . '. MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED) ~ .269 Adoption of Resolution to Approve Official Statements and Confirm the Rates of Interest on the $5,000,000 Parks & Recreational Facilities Bonds Assistant County Attorney, Wanda Copley, requested the Board to adopt a resolution approving the Official Statements and confirming the rates of interest on the $5,000,000 Parks & Recreational Facilities Bonds. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to adopt a resolution confirming the rates of interest to be borne by the County's bonds and to approve the Official Statement and Final Official Statement for the $5,000,000 Parks & Recreational Facilities Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 27. EXECUTIVE SESSION County Manager O'Neal requested an Executive Session to discuss matters relating to the location or expansion of industries or other businesses in an area served by the governing body. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Barfield to recess from Regular Session to Executive Session as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened to Executive Session 10:28 o'clock P.M. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Barfield to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened to Regular Session at 10:40 o'clock P.M.. ADJOURNMENT OF EMERGENCY SESSION HELD ON OCTOBER 12, 1990 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer to adjourn the Emergency Session held on October 12, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 10:45 o'clock P.M. Respectfully submitted, r/fL:, d ~ "-.../~~ F. Harrell Clerk to the Board j