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1990-12-03 Regular Meeting ~ 28-7 MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 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; Chairman Fred Jonathan Barfield, Sr.; County Manager, Attorney, Robert W. Pope; and Clerk to Harrell. Robert G. Greer; E. L. Retchin; Vice-Chairman Allen O'Neal; County the Board, Lucie F. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Burton Whiteside, Pastor of the Church of the Good Shepherd, gave the invocation. Assistant County Attorney, Wanda Copley, 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 Special Meetings of November 9, 1990, November 14, 1990, and Regular Meeting of November 19, 1990, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER DISTRICT Chairman Retchin recessed the meeting from 7:39 o'clock P.M. to 7:43 o'clock P.M. to hold a Regular Meeting of the New Hanover County Water & Sewer District Board of Commissioners. . REMOVAL OF ITEM #5, RESOLUTIONS APPROVING ISSUANCE OF SOLID WASTE DISPOSAL BONDS Chairman Retchin stated Item #5 had been incorrectly placed on the Water & Sewer Agenda; therefore, this item should be removed and placed on the Regular Agenda to be heard after Item #19. Consensus: It was the consensus of the Board to remove Item #5 from the Water & Sewer Agenda to the Regular Agenda as requested by the Chairman. OATHS OF OFFICE ADMINISTERED TO NEWLY ELECTED COUNTY COMMISSIONERS Chairman Retchin stated due to the illness of Carl T. Durham, arrangements have been made for Deputy Clerk, Joyce Bragg, to administer the Oath of Office to Mr. Durham at New Hanover Memorial Hospital. The oaths will be administered simultaneously. Clerk to the Board, Lucie F. Harrell, administered the Oath of Office to Robert G. Greer, and it was confirmed by telephone that the Deputy Clerk, Joyce Bragg, had administered the Oath of Office to Carl T. Durham. . Chairman Retchin, on behalf of the board, congratulated and welcomed the new members. PRESENTATION OF APPRECIATION PLAQUE TO COMMISSIONER NOLAN O'NEAl. FOR YEARS OF SERVICE AS A COUNTY COMMISSIONER Chairman Retchin read a portion of an editorial published in the Star-News describing the many attributes of Commissioner O'Neal, and on behalf of the Board, presented a plaque in recognition of his eight years of dedicated service. The audience gave Commissioner O'Neal a round of applause. BREAK Chairman Retchin recessed the meeting for a break from 7:48 o'clock P.M. to 7:59 o'clock P.M. ~ ( ".2 8rBNUTES OF REGULAR MEETING, DECEMBER 3, 1990 ( CONTINUED) ELECTION OF CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR THE ENSUING YEAR Chairman Retchin opened the floor to receive nominations for Chairman. Commissioner Mathews nominated Chairman Retchin to serve for another term. There being no further nominations, declared the nominations closed. Chairman Retchin Vote: By acclamation, Chairman Retchin was appointed to serve as Chairman of the Board for the coming year. () Chairman Retchin expressed Commissioners for appointing him terms as Chairman of the Board, serve to the best of his ability. appreciation to his fellow to se~ve for three consecutive and stated he will strive to ELECTION OF VICE-CHAIRMAN TO THE BOARD OF COUNTY COMMISSIONERS FOR THE ENSUING YEAR Chairman Retchin opened the floor to receive nominations for Vice-Chairman. Commissioner Greer nominated Commissioner Mathews to serve as Vice-Chairman of the Board for the coming year. There being no further nominations, declared the nominations closed. Chairman Retchin Vote: By acclamation, Commissioner Mathews was appointed to serve as Vice-Chairman of the Board for the coming year. Chairman Retchin, on behalf of the Board, congratulated Commissioner Mathews on being elected Vice-Chairman. o 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. The following issues were presented: Concern for Barking Dogs Mr. S. W. Brinson, of 4495 Pine Street, expressed concern for no city or county ordinances addressing the nuisance of barking dogs. He stated as of December 1989, tenants renting a home next door have been raising and breeding dogs with continual barking and an odor that has become unbearable to the neighbors. Due to no response from city or county agencies, a criminal summons has been issued and a court hearing is scheduled for December 19, 1990, with the owner of the property. He requested the Commissioners to adopt some form of regulation that will protect property owners in this type of situation. Chairman Retchin stated since the property is located within the City Limits, the City Council would be the governing body to approach for additional regulations or enforcement of the City's noise ordinance. He also encouraged Mr. Brinson to proceed with the scheduled court hearing against the property owner to recover any loss of value to his home. Board of Health 0 meeting. commissioner Greer stated as a member of the he would be glad to discuss this item at the next Consensus: After discussion of the best course of action to follow, it was the consensus of the Board to direct Assistant County Attorney Wanda Copley, who serves as the legal advisor to the Board of Health, to review this complaint and see if some form of relief can be provided to Mr. Brinson. ~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) ~ 289 Discussion of Item 12 on the Regular Agenda Mr. Thad Litchfield, owner of a mini-storage facility at 5319 Oleander Drive, requested the Board to deny the request for placement of a mini-storage facility on the south side of Oleander Drive between Giles and Bagley Avenue. ADOPTION OF CONSENT AGENDA . Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer to approve the consent agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham CONSENT AGENDA DESIGNATION OF NEW HANOVER COUNTY DEPARTMENT OF AGING AS FOCAL POINT ON AGING AND ASSIGNMENT OF CASE MANAGER TO THE FOCAL POINT AGENCY The Commissioners designated the New Hanover County Department of Aging as Focal Point on Aging for 1990 and 1991 and assigned the Aging Case Manager to the Focal Point for this period of time. . APPROVAL OF CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENT *91-0096 FOR THE DOWNTOWN PARK PROJECT The Commissioners approved the Capital Project Ordinance for the Third and Chestnut Streets Park and approved the following Budget Amendment as recommended by the County Manager: #91-0096 Parks/Various Debit Credit Downtown Park Capital Project Transfer In (from General Fund) $164,500 Land Acquisition Contracted Services Parks Land Acquisition $163,000 Non-Departmental Contingency $ 1,500 Transfer to Other Funds Transfer to Other Funds (Downtown Park Capital Project) $163,000 $ 1,500 $164,500 Purpose: To establish project budget according to project ordinance for the Downtown Park Project including 50% of land acquisition cost (County's share/$163,000) and an environmental review fee of $1,500. The $163,000 was approved by the Commissioners on October 15, 1990. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 29. . CONTINUANCE OF ITEM #13, PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD TRASK FOR REZONING APPROXIMATELY 125 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF MILITARY CUT-OFF NORTH OF LANDFALL FROM R-15 TO B-2 BUSINESS AND 0-1 OFFICE AND INSTITUTION FROM R-15 AND R-20 RESIDENTIAL (Z-423) Attorney David Barefoot representing the petitioner, Raiford Trask, requested a continuance of this item since the full Board is not present. Consensus: After discussion of all members not being present, it was the consensus of the Board to continue this Public Hearing until January 7, 1990, at 7:30 o'clock P.M. ~ ( 2:g0MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) PUBLIC HEARING TO CONSIDER A REQUEST BY JIM QUINN TO REZONE APPROXIMATELY SEVEN ( 7 ) ACRES ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17, SOUTH OF THE NORTHERN EXTENSION OF ALEXANDER ROAD, TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-397, APPEALED CASE, AND CONTINUED ITEM) Chairman Retchin opened the Public Hearing. Planning Director Hayes presented background information stating the Planning Commission heard the request on January 4, 1990, and recommended denial feeling the proposal was inconsistent with the Land Use Plan. The applicant appealed and the case was scheduled to be heard by the Board of Commissioners on March 5, 1990; however, due to consideration being given to the Special Highway Overlay District Regulations (SHOD) for the U. S. 17 corridor, action was delayed until a decision had been reached on SHOD regulations. o Chairman Retchin asked if would like to speak in favor following person commented: anyone from the general public of the rezoning request. The Mr. Jim Quinn, representing the owners of the property, stated the location of property dictates the highest and best use of the land; therefore, the proposed B-2 zoning would allow for commercial development which is the best use of this property since the location is not desirable for residential use with a traffic count of 25,000 cars per day on U. S. Highway 17. He commented on the recently enacted SHOD regulations and buffering requirements which restricted 80% use of the property and requested approval of the rezoning since a commercial rezoning request was just recently approved for Kenneth Parker. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the rezoning request. The following person commented: o Mr. Larry Matthews, a resident of 7802 Market Street, expressed concern for allowing additional B-2 zoning along Market Street and continuing to approve shopping centers which are not presently needed on this major corridor. He requested the Board to deny the rezoning request. Ms. Myra Outlaw Forest, an adjacent property owner, presented pictures and a map to the Board reflecting the amount of B-2 zoning on Market Street and requested the Board to follow the recommendation of the Planning Commission and oppose the rezoning request. Chairman Retchin closed the Public Hearing. Commissioner Barfield expressed concern for SHOD regulations and stated the Commissioners have sent a mixed message to developers and residents. With adoption of SHOD regulations, the developers feel they can now expect approval of commercial development; whereas, residential communi ties expect these regulations to protect their neighborhoods. He recommended restudying SHOD regulations. Vice-Chairman Mathews stated SHOD was adopted to control future commercial development on Market Street and the recently 0 approved B-2 zoning for Kenneth Parker was a parcel of land located in the area of the proposed outer loop which is consistent with the Land Use Plan. Motion: After discussion of the amount of land already commercially zoned on Market Street, Chairman Retchin MOVED, SECONDED by Commissioner Barfield to deny the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer ~ ~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) 2.91 Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham . PUBLIC HEARING TO CONSIDER A REQUEST BY RAYS AND CORPORATION TO REZONE APPROXIMATELY THREE (3) ACRES OF LAND ON THE SOUTH SIDE OF OLEANDER DRIVE, BETWEEN GILES AND BAGLEY AVENUES, TO CD(B-2) CONDITIONAL USE BUSINESS, FOR A BOAT STORAGE AND MINI -STORAGE FROM R-15 RESIDENTIAL (Z-422) Chairman Retchin opened the Public Hearing and stated in order to grant the Special Use Permit as part of the conditional use zoning, all persons wishing to present testimony must be sworn in by the Clerk to the Board. The following persons were sworn in: Mr. Robert Burke Mr. Stewart Wallace Planning Director Hayes stated the proposal seeks to establish site specific land uses using conditional use district zoning procedures. The applicant desires to construct a combination boat storage and mini-storage facility and an on-site manager's office. The Planning Commission recommended approval of the proposed use feeling no negative burden would be placed on adjoining residential properties if the following additional site design features are included in the development plan: (1) relocating the two driveway entrances, one on Bagley Avenue and one on Giles Avenue to the northern property boundary; (2) paving Giles Avenue from the southernmost property line to Oleander Drive; (3) paving internal access areas to reduce dust on adjoining properties; (4) increasing the buffer width on the southern end to 25 feet of natural vegetation; and (5) providing a security fence along the perimeter of the site. . The following special use findings were presented by the Planning Director: 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. All internal drives will be paved to reduce the effects of dust on adjoining residential properties. 2. Water and sewer is available to the site. 3. Access is available to Oleander Drive and will be provided to Bagley Avenue and Giles Avenue. Giles Avenue will be paved. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: 1. The proposed activities, boat storage and permitted uses in the B-2 Business district. square feet of mini-storage is proposed. A residence/office in conjunction with the proposed. mini-storage are A total 49,100 900 square foot mini-storage is . 2. The on-site manager's office and apartment will be located to the rear of one of the warehouse structures. Its floor area, approximately 900 square feet represents only 4% of the total area proposed for mini-storage. The minimum side and rear yard setbacks for the dwelling/office can be met. Occupancy of the dwelling will be limited to the person engaged in the business, a full-time employee, and his/her family members. Two off-street parking spaces will be required for the residence. 3. No specific data is given on signage, although signage is to be located on existing buildings in the B-2 District to the north outside the sphere of this application. ~ ( 29:;>MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) 4. All warehouse buildings are to be ten (10) feet in height. The minimum rear yard setback is approximately 37 feet. The minimum side yard for uses in a B-2 District when adjacent to a local street is 35 feet. The site plan shows 45 feet. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings 1. A twenty-five foot natural vegetative buffer will be left along the rear of the site. 0 Other Conditions:: The proposed use is subject to the following conditions: 1. The applicant shall fully comply with all of the specif ic requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 2. If any of the conditions imposed by this special shall be held invalid beyond the authority of this Commissioners by a court of competent jurisdiction permit shall become void and of no effect. use permi t Board of then thi s 3. All other Federal, State and local laws are applicable. 4. Giles Avenue is to be paved from the southern property boundary of the site to Oleander Drive. 5. All internal drives shall be paved. 6. The rear yard buffer shall be no less than 25 feet in depth. Existing vegetation must be used. 7. An on-site manager's residence will be permitted. 8. Mini-storage and related storage, including but not limited ~ to boat storage, will be permitted. 9. Landscaping, off-street parking, and signage shall be in accordance with local zoning requirements. 10. Security fencing around the the perimeter of site is required. 11. Only directional lighting on site is permitted. Chairman Retchin asked if the petitioner or anyone present would like to speak in favor of the conditional use zoning. The following persons commented: Mr. Robert Burke, representing the petitioner, Mr. Stewart Wallace and Raysand Building Corporation, presented background information on the project and requested approval of the condi tional use request to allow the petitioner to develop the property as proposed. Mr. Stewart Wallace, approval of the request occupying the facility. owner of and stated the his property, daughter requested would be Chairman Retchin recommended that Phase II be specified mini-storage buildings rather than a boat storage area. as() Chairman Retchin asked Mr. Wallace if he agreed with the proposed findings as presented by the Planning Director and development of Phase II specifying mini-storage only? Mr. Wallace stated he concurred with both requests. Chairman Retchin closed the Public Hearing. ~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) 293- ~ Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barfield to approve rezoning approximately three (3) aces of land on the south side of Oleander Drive between Giles and Bagley Avenue to CD(B-2) Conditional Use Business from R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin . Absent: Commissioner Durham A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 6, Page 48. Motion: Commissioner Mathews to grant the Zoning District for a Upon vote, the MOTION Barfield MOVED, SECONDED by Vice-Chairman Special Use Permit in a Conditional Use mini-storage and on-site manager's office. CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham 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 ZONING TEXT AMENDMENT TO CLARIFY LANGUAGE REGULATING OFF-PREMISES REAL ESTATE SIGNAGE (A-219) Chairman Retchin opened the Public Hearing. Planning Director Hayes stated the proposed text amendment was initiated by the Inspections Department in order to eliminate ambiguous language in the Zoning Ordinance which regulates off-premises real estate signage. The purpose of the modification is to specify the number of off-premises real estate signs that can be located on a given site. The Planning Commission recommended approval but noted that the change proposed by Inspections is no less ambiguous than the current language which was adopted September 4, 1990. 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. Motion: amendment, Mathews to the MOTION After discussion of the need to clarify the text Commissioner Barfield MOVED, SECONDED by Vice-Chairman approve the text amendment as presented. Upon vote, CARRIED AS FOLLOWS: . Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham 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 29. ~ ( 2:94__ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 ( CONTINUED I PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS TO INLET ACRES DRIVE LOCATED IN THE FEDERAL POINT TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes requested authorization for the Planning Department to systematically assign house numbers to Inlet Acres Drive located south of Lehigh Estates on the west side of Carolina Beach Road in the Federal Point Township to accurately identify developed property for emergency responsesO 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 assignment of house numbers. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to approve the order authorizing the Planning Department to systematically assign house numbers to Inlet Acres Drive located south of Lehigh Estates on the west side of Carolina Beach Road in the Federal Point Township. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham A copy of an order systematically assigning house numbers on Inlet Acres Drive is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 29. ~ PUBLIC HEARING TO CONSIDER ADOPTION OF THE FLOODPLAIN MANAGEMENT' PLAN Chairman Retchin opened the Public Hearing. Assistant Planning Director, Dave Weaver, stated the purpose of the New Hanover County Floodplain Management Plan is as follows: 1. Analyze the problem of flooding and inventory hazard-prone areas. 2. Review alternative measures to prevent flooding damages and recommend proposed measures. The plan has been prepared in accordance with the guidelines established in the Community Rating System (CRS) under the Federal Insurance Administration's National Flood Insurance Program. Since 1968, the federal government has subsidized flood insurance to encourage communi ties to enact and enforce floodplain regulations. New Hanover County, as of October 9, 1990, is in full compliance with the Federal Insurance Administration's National Flood Insurance Program with 1,016 flood insurance policies in force with premiums of $350,656 for a total whole dollar coverage of $149,493,000. With adoption of a~ Floodplain Management Plan, the County's flood insurance premium~~ ) will be reduced approximately 10% for persons owning property in~ the 100 year floodplain. In order for the County to continue to make one of its top priorities the reduction of vulnerability to the loss of property and life due to flooding, the County should pursue the following recommendations which will be of minimal cost: - Require Floodplain Elevation Certificates be filed for all new constructions. - Expand its outreach programs by distributing the attached , ~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) 295 ~ brochure to residents in the floodplain area. - Work with the Wilmington Board of Realtors for disclosure of flood hazards on property listing forms. - Create a Flood Protection Library in the New Hanover County L'ibrary. Establish a Floodplain Information Office in the County Inspections Department. . Establish a minimum lot size of 50,000 square feet in the floodplain. - Require new subdivisions to reserve portions of the flood- plain on their plats as open space for greenway preservation and as a possible trial system, to help reduce flood vulner- ability. This can be pursued next year. - Require that all new construction be elevated to two feet above the Base Flood Elevation. - Require that existing buildings not meeting present flood- plain construction requirements only be improved or recon- structed up to a value of 25% instead of the present 50%. - Directly contact and offer technical assistance to the repetitive loss of properties identified in the County. - Pursue development of a comprehensive set of drainage regulations. . A lengthy discussion was held on reconstruction of structures after flooding. commissioner Barfield expressed concern for the proposed text amendment reducing the percentage from 50% to 25% on improvements on homes that were constructed before the present floodplain construction requirements and recommended they remain at 50% in order to avoid undue hardships on persons adding additions or improvements to their homes. He also expressed c'oncern for the two feet above the base flood level requirements when improving homes. Inspections Supervisor, Sky Conklin, stated all new construction and substantial improvements must comply to the present floodplain regulations as stipulated by the federal, and state governments; therefore, the question to be answered is, what threshold percentage for improvements other than new additions should be established, whether at the present 50% or proposed 25%. He stated as far as the base flood level requirements, most homes constructed before Hurricane Hazel are at an elevation of 7 feet; therefore, the 2 feet above the base flood elevation would not be a problem for property owners in the floodplain of the unincorporated areas of the County. Planning Director Hayes stated when property is at risk in the floodplain and loss occurs, the purpose of the plan is to establish regulations for improvements of the property in order to eliminate the future risk. The 25% would help to accomplish this goal and reduce insurance policies by approximately 10%; however, if the percentage remains at 50% insurance premiums will be reduced by approximately 5%. . Chairman Retchin asked if anyone from general public would like to comment on the proposed Floodplain Management Plan. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of the proposed percentage reduction on reconstruction, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to adopt the Flood Plain Management Plan as presented with the exception of the percentage reduction which is to remain ....... ( 2 9 ~INUTES OF REGULAR MEETING. DECEMBER 3. 1990 (CONTINUED) at 50%. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE REGULATIONS Chairman Retchin opened the Public Hearing. FLOODPLAIN () Assistant Planning Director, Dave Weaver, presented the following text amendments to implement the measures proposed in the Floodplain Management Plan stating the proposed amendment to Article II, Sec. 2, ee. will be discussed since it was advertised as a Public Hearing even though the Board has decided to allow the percentage to remain at 50%. 1. Amend Article II, Sec. 2, ee. ee. Substantial Improvement - for repair, reconstruct- ion, or improvements of a structure built prior to enactment of the ordinance, the cost which equals or exceeds twenty-five percent (25%) of the market value of the structure. 2. Add Article III, Sec. 3, F. f. Complete and submit a Floodplain Elevation Certi- ficate. Certificate forms are available from the Inspections Department. 3. Amend Article IV, Section 2. a. Residential Construction b. Non-Residential Construction c. Elevated Buildings d. Manufactured Homes e. Coastal High Hazard Areas (V Zones) () Chairman Retchin asked if anyone from the general public would like to speak in f~vor of or in opposition to the proposed text amendments. No one commented. Chairman Retchin closed the Public Hearing. Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to adopt the text amendments as presented with exception of the amendment to Article II, Section 2, ee., which is to remain at 50% as stated in the current Floodplain Ordinance. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham () A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE FLOODPLAIN ORDINANCE OF NEW HANOVER COUNTY ADOPTED JULY 3, 1978," is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 29. ACCEPTANCE OF BIKEPATH AT LANDFALL DEVELOPMENT Motion: After discussion of ingress and egress, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to accept the deed and plat for the bikepath at Landfall Development. Upon vote, the MOTION CARRIED AS FOLLOWS: ~ ~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1990 (CONTINUED) 2-97 Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham BREAK Chairman Retchin recessed the meeting from 9:40 o'clock P.M. to 9:48 o'clock P.M. . ADOPTION OF RESOLUTIONS APPROVING PUBLIC OFFICIAL BONDS Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Greer to adopt resolutions approving Public Official Bonds for the Clerk of Superior Court of New Hanover; New Hanover County Finance Officer; New Hanover County Sheriff; Register of Deeds of New Hanover County; New Hanover County Tax Collector, and Chairman of the New Hanover County Alcohol Beverage Control Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 29. . ADOPTION OF RESOLUTIONS FOR ISSUANCE OF $2,200,000 OF "SOLID WASTE DISPOSAL BONDS, SERIES 1990A" AND ISSUANCE OF $1,300,000 OF "SOLID WASTE DISPOSAL BONDS, SERIES 1990B" Chairman Retchin stated that notice had been published on November 19, 1990, that a Public Hearing would be held on December 3, 1990, on the County's proposed solid waste disposal project at the Steam Plant and the issuance of general obligation bonds to finance the project. Motion: Vice-Chairman Mathews MOVED, Retchin to open the Public Hearing. CARRIED AS FOLLOWS: SECONDED Upon vote, by Chairman the MOTION Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham Chairman Retchin asked if anyone would like to comment on the bond issue. received. from the general public No public comments were Motion: Chairman Retchin MOVED, SECONDED by Commissioner Greer to close the Public Hearing. Upon vote, the MOTION CARRIED AS FOLLOWS: . Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham Chairmen Retchin introduced the resolution which had been furnished to and read by the Commissioners prior to the meeting. Motion: Commissioner Greer MOVED, SECONDED Mathews to approve resolutions authorizing $2,200,000 of bonds designated "Solid Waste Series 1990A" and the issuance of $1,300,000 of by Vice-Chairman the issuance of Disposal Bonds, bonds designated ~ (~ :::> 9 ~INUTES OF REGULAR MEETING. DECEMBER 3. 1990 (CONTINUED I "Solid Waste Disposal Bonds, Series 1990B". MOTION CARRIED AS FOLLOWS: Upon vote, the Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 29. () MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Retchin recessed the meeting from 9:57 o'clock P.M. until 10:02 o'clock P.M. to hold a Regular Meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Parks Tour Scheduled for County Commissioners County Manager O'Neal stated the Director of Parks & Recreation would like to schedule a tour of County parks and requested that a date be established. Consensus: to schedule 1991, with afternoon. and confirm After discussion, it was the consensus of the Board a tour of County parks on Wednesday, January 16, the tour beginning mid-morning and ending in the The County Manager is to determine the exact time the scheduling of the tour. ADJOURNMENT Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: o Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Durham Chairman Retchin adjourned the meeting at 10:05 o'clock P.M. Respectfully submitted, ~F~:::~ Clerk to the Board o \