Loading...
1991-07-01 Regular Meeting ~ 5~B '. ~ I','." t ~: t, 0""'" rUNUTES OF J1JLY 1 f 1991 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 1, 1991, at 7:30 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Robert G. Greer; William H. Jr.; Chairman Fred Retchin; Attorney, Robert W. Pope; Harrell. commissioners Jonathan Barfield, Sr.; Sutton; Vice-Chairman E. L. Mathews, County Manager, Allen O'Neal; County and Clerk to the Board, Lucie F. ! ! . Chairman Retchin called the meeting .to order and welcomed all persons present. He apologized for thE! overcrowded room and stated due to a malfunctioning air-conditioner in the Courthouse, the meeting room had to be changed. DrvOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, :::Jdve the invocation. Hiss Hilmington, Patricia Parker, led the audience in the Pledge of Allegiance to the Flag. Chairman Retchin, on behalf of t.he Board, expressed appreciation to Miss \'lilmington for attending the meeting and presented her with a county cup. He also congratulated her on being chosen as the seco)nd runner-up in the Miss North Carolina PageiJ.nt. NON-AGENDA I'l'E.NS Chairman Retchin asked if anyone from Ule general public would like to comment on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following item was presented: . Appreciation Expressed to the Commission'2rs for Opposing the siting of a Hazardous Waste Incinerator in Pender County Hs. Nildred Harris, a concerned ci ti ZE?l1, commented on the resolution adopted by the Commissioners at the Special Meeting of June 13, 1991, and asked Commissioner Greer to state his position on this action since he did not attend the ll1E;eting. commissioner Greer stated he 1S 1n concurrence with the action taken by the Board. Ms. Harris expressed appreciation to the Commissioners for taking a stand against the siting of a hazardous waste incinerator 1n Pender County and volunteered to assist the Commissioners in any way possible to prevent this facility from being located in the area. l\PPROV1\I. OF CONSEnT l\GENDA . Vice-Chairman E. L. Nathews, Jr. commented on the map attached to Consent Agenda Item #3 and requested staff to be sure that maps are readable before being incJ.uded 1n the agenda packet. commiss ioner . Upon vote, Motion: Vice-Chairman Mathews NOVED, SECONDED by Sutton to approve the Consent Agenda as presented. the MOTION CARRIED UNANIMOUSLY. CONSI::N'1' J\GENDA Approval of .l'1inutes The Commissioners presented. approved the following minutes as Public Hearing and and Continued Meeting Regular Heeting Special Heeting Budget IJE"ar ings Hay 7, 1991 o f Hay is, 1991 l'1ay .20, 1991 ~1a y :2 8, 1991 JUnE: 5, 1991 June 6, 1991 ~ ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 549 '. Reappointment of Ed Irwin as Extra-territorial Jurisdiction Member of the Kure Beach Board of Adjustment The Commissioners ratified the reappointment of Ed Irwin as the extra-territorial jurisdiction member of the Kure Beach Board of Adjustment as requested by the Town Council of Kure Beach. Adoption of Resolution Adding Roads in Lansdowne South Subdivision to the State Highway System The Commissioners adopted a resolution adding roads in the Lansdowne South Subdivision, section I (Division File #665-N) to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 11. Reappointment of Roland Register as Tax Administrator The Commissioners reappointed Roland Register to serve as Tax Administrator in accordance with NCGS 105-294 for a term to expire at the first regular meeting in July, 1995. Acceptance of Change Order Report #20 The Commissioners accepted Change Order Report #20 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 XIX, Page 11. PRESENTATION BY BIO GRO SYSTEMS, INC. ON THE SLUDGE RECYCLING PROGRAM Ms. Pamela K. Racey, Technical Services Manager with Bio Gro Systems, Inc., presented slides on the sludge recycling program and presented the following benefits of the agricultural land application program: (. 1. Treated and stabilized sludges from municipal waste water treatment systems are a valuable resource to farmers since it can be safely utilized as a fertilizer/soil conditioner at cost savings. 2. The nitrogen and phosphorus are in an organic form which is released slowly throughout the growing season and provides for a more natural growth. 3. Tests from Clemson University prove that sludge provides the least potential for polluted run-off compared to other commercial fertilizers. 4. Sludge disposal through the land application pro- gram is in compliance with all EPA, State, and local guidelines and regulations. -le 5. Results of sludge and soil tests are kept on per- manent record. Using this data, the amounts of plant nutrients and other sludge constituents applied to each site are calculated. This infor- mation is entered into a computerized system used to evaluate and plan the projected use for the site within limits established by EPA, State, and local regulatory agencies. Bio Gro Systems, Inc. files all reports required by these agencies. Ms. Racey stated Bio Gro Systems, Inc. is organized for efficient sludge disposal. The staff, composed of skilled professionals, has many years of agronomic, engineering, and waste water treatment experience in a variety of methods of sludge management. Ms. Racey presented information packets to the Commissioners for further study and review of the system. Chairman Retchin, on behalf of the Board, expressed appreciation to Ms. Racey for an excellent presentation. ~ ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 550 \, PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY .64 OF AN ACRE AT 1804 CASTLE HAYNE ROAD (U. S. HIGHWAY 117) TO B-1 BUSINESS FROM R-15 RESIDENTIAL (Z-436) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, presented background information on the rezoning request and stated the Planning Commission recommends approval based upon existing zoning patterns in this area with the proposed use being appropriate and acceptable with the expansion of a commercial node. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning request. The following person commented: Mr. Jay D. Hockenbury, an attorney representing Ms. Patricia williams, the petitioner and owner of Williams Carpet, commented on the need to expand the facility in order to accommodate the growth of the carpet business. He stated the B-1 rezoning request is consistent with the County's Land Use Plan policies and respectfully requested approval of the rezoning. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to approve rezoning approximately .64 of an acre at 1804 Castle Hayne Road to B-1 Business from R-15 Residential as requested by the petitioner and 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. 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 34. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR ESTABLISHMENT OF A 49-UNIT MOBILE HOME PARK AT THE SOUTHERN END OF CLEWIS AVENUE (S-316) Chairman Retchin opened the Public Hearing and stated the special use process is 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: William Weir Marc Schuilwerve Jack Moore Susan Bradshaw Amanda Paluck Richard Lucas Tom Wilson Larry Harkey Mary Hardy . Tony Migliara Richard Lucas, Jr. Terry H. Bache Planning Director, Dexter Hayes, stated the Planning commission recommended denial of the proposed mobile home park based upon the following reasons: (1) the proposed use would create public health and safety problems in the provision of fire protection, traffic demands, and negative effect upon the groundwater; (2) the proposed use would not be consistent with the Land Use Plan based upon the use not being in harmony with the existing land use; and (3) the proposed use would negatively impact on adjoining property. The following conditions were recommended by the Planning Commission if the special Use Permit is approved by the Board of County Commissioners: (1) the mobile homes in the the park should b~ oriented in a fashion to be parallel with the internal drive; (2) upon initiation of construction of the park, planting of a red cedar buffer along \ 1\ '~ n --- c\ (\, ~~' . . . ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 551 ..t{:~tr{~,~~, the perimeter of blocks 1-12; and (3) removal of lot 45 along the southwest corner of the property. The following staff findings were presented: 1. Public Health and Safety: (a) The mobile home park will have direct access to Murrayville Road via Clewis Avenue. The Clewis Avenue right-of-way south of Meadowview is 20 feet in width and unimproved; (b) a series of internal private roadways are planned to serve the units within the project site; and (e) the site plan calls for the use of individual septic tanks and an on-site community water system to provide sewer and water services. 2 . Conditions and Requirements of the Zoning and Mobile Home Park Ordinances: (a) Mobile home parks are permitted by Special Use Permit in the R-15 Residential District. This property is zoned R-15; (b) the site plan calls for 49 units with an average lot size of 7,350 square feet; (e) the site's southern boundary is located within the 100 year floodplain. No mobile home is allowed in the flood plain; (d) proposed lot sizes are large enough to accommodate off-street parking at a rate of two spaces per unit; (e) a 75 foot setback is required for mobile homes when adjacent to residentially-zoned property not occupied by mobile homes. This setback line is adhered to on the site plan. Also, a buffer equal to at least 50% of the setback area width is required; (f) internal roads will be paved to a minimum width of 18 feet with side ditches and six foot shoulders. All rights-of-way will be 30 feet and all roads are to be private; (g) a minimum of one acre of open space is required. The site plan indicates all land area south of Morgan Street will be left as open space. Also, the applicant will be required to develop at least one-half of an acre for active/passive recreational use; (h) no signage is shown on the plan; (i) refuse collection will be by a private vendor; (j) the Fire Marshal has reviewed the proposal with no problems presented; and (k) no on-site administrative office or convenience commercial establishments are planned. Both with restrictions can be permitted in a mobile home park community. 3. Value of Adioininq Properties: (a) Property to the south is developed with upper middle income housing but is physically separated from the proposed park by a creek and a well-defined swamp forest area. A large portion of the swamp is in the 100 year flood plain which prohibits the location of mobile homes; and (b) residential properties to the north, east, and west will be buffered from the park. A 75-foot setback is required. 4. In Harmonv with the Area: (a) Most development in the area consists of single-family residential dwellings. There are a few sites in the general vicinity occupied by mobile homes. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of granting the Special Use Permit as requested. The following person commented: Mr. Jack Moore, the petitioner, commented about concerns for public health and traffic with the proposed use and presented the following statements: (1) the proposed 49-unit mobile home park will utilize septic tanks, which will not impact more negatively on public health than if a wastewater treatment system was installed since both systems discharge wastewater into the ground; and (2) the proposed access road in the site plan will not generate more traffic on Murrayville Road since construction of residential homes will continue to grow in the area. He presented pictures of the right-of-way of the proposed access road and the distance between the mobile home park and adjoining residential properties and stated due the natural buffers and the distance between the proposed use, the adjoining properties will not be devalued. He requested the Board to grant the Special Use Permit for establishment of a 49-unit mobile home park. ~ ~ / ( ! I ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 - PAGE 552 Chairman Retchin asked Mr. Moore if he agreed with the findings as presented by the Planning staff pertaining to health requirements and safety. Director Hayes stated before responding to the question, comments have been received from the Wrightsboro Fire Department expressing concern for the lack of water in this area. Mr. Moore stated he would be willing to provide the Wrightsboro Volunteer Fire Department with a hook-up to his water system. o Chairman Retchin asked Mr. Moore if he agreed with the findings and additional statement as presented by the Planning Director. Mr. Moore stated he concurred with the findings and statements as presented. Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use Permit. The following persons commented: Mr. Marc Schuilwerve, a resident of the surrounding area, commented on the location of the Castle Hayne Aquifer and expressed concern for the following items: (1) contamination of groundwater from the number of septic tanks for establishment of a 49-unit mobile home park; (2) increased traffic due to high density development; (3) concern for the 20 ft. right-of-way to accommodate traffic for 49 units; and (4) concern for the mobile homes being rental units. He respectfully requested the Board to uphold the decision by the Planning Commission and deny the Special Use Permit. Ms. Susan Bradshaw, the daughter of Roland Boswell, an adjacent property owner, expressed concern for the rental of the mobile home units and the devaluation of surrounding properties. She requested the Board to deny issuance of the Special Use Permit. () Mr. Richard Lucas, an adj acent property owner, expressed concern for the closeness of the mobile home park to his property, the contamination of groundwater, and the lack of water availability for adequate fire protection. Mr. William Weir, a resident of Quail Woods, expressed concern for how the mobile home park will be developed and stated if Mr. Moore will develop an attractive site with the mobile homes underpinned, grounds landscaped, and proper buffering, he would not be upset; however, he does not believe this type of park will be developed. Ms. Amanda Paluck, a resident of the surrounding area, expressed concern for the increase of traffic and the unsightly view of 49 mobile homes which, in her opinion, will devalue surrounding properties. Mr. Terry H. Bache, President of Terhane Group, Inc., stated his firm has constructed approximately 75 homes in this area and, in his opinion, this type of housing will not be in harmony with the general development of the area. Mr. Tom Wilson, of Coastal Carolina Developers and owner of the water and sewer community systems for Brittany Woods and Quail Woods, expressed concern for contamination of the soil with installation of 49 septic tanks. n Ms. Mary Hardy, an adjacent property owner, commented on the quali ty of development in the area and expressed concern for allowing a mobile home park to b~ established near a residential community. Mr. Larry Harkey, 7028 Murrayville Road, commented on being in construction for 20 years and expressed concern for the number of proposed septic tanks being installed in an area where soils are very poor. ''-'J';;''''~.'' ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 553 \ ',.;. " Mr. Tony Migliara, President of Elite Homes, commented on the quality of homes in surrounding subdivisions and expressed concern for allowing this type housing in a well developed residential area. Mr. Richard Lucas, Jr., an expressed concern for septic tanks question will not perk. adjacent property owner, and stated the land in . Mr. Moore, the petitioner, ensured the Board that the mobile home park will be attractively developed and that persons renting will be checked as to references, mobile homes will be skirted, no dog houses will be allowed, and orderly conduct will be required. Chairman Retchin closed the Public Hearing. Motion: After discussion, commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to uphold the decision of the Planning Commission and deny issuance of the Special Use Permit based on the evidence presented with the following conclusions: (1) the proposed use will not satisfy all of the specific requirements set forth in Section 72 of the County Zoning Ordinance if the property is developed in accordance with the plans submitted to the County Commissioners; and (2) the proposed use does not satisfy the first general requirement listed in the Ordinance; namely that the 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 finding: the 20 ft. access way is inadequate and too narrow to accommodate emergency vehicles and the traffic generated by 49 units. Upon vote, the MOTION CARRIED UNANIMOUSLY. . A copy of the order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 46. PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT TWO (2) DUPLEXES ON THE WEST SIDE OF OLD AVENUE SOUTH OF PARMELE ROAD (S-332) Chairman Retchin opened the Public Hearing and stated the special use process is 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. Robert L. Simmons Planning Director, Dexter Hayes, presented background information on the proposed request and stated the Planning Commission approved the issuance of the Special Use Permit feeling that the four general requirements had been met and that the proposed use did comply to the Zoning Ordinance. The following Staff findings were presented: .' General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: (a) The property has access to Parmele Road via an unnamed private driveway; though not used for access, the property also fronts on Old Avenue; and (b) the site is located within the Castle Hayne Volunteer Fire Department District. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (a) The applicant has designated two (2) lots, exceeding 35,000 square feet in the area for development of the two (2) duplexes. The minimum lot size for a duplex in an R-20 Residential District is 35,000 square feet; (b) all required front, side and rear yard setbacks can easily be accommodated by these lot arrangements; (e) all units will have access to an ~ ~ I I I I I ( \ '\ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 554 existing private drive, which connects to Parmele Road; and (d) off-street parking at two spaces per unit is provided. 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: (a) the proposed units would be developed adjacent to six (6) existing duplex units; and (b) the petitioner owns much of the land surrounding the sites selected for construction. o General Requirement #4: The location and character of the proposed use, if developed according to the plan as submitted and approved, 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: (a) the duplex units would be developed in conjunction with six (6) existing duplex units and consistent with that pattern of development. Chairman Retchin asked if the petitioner would like to speak. The following person commented: Mr. Robert L. Simmons, the petitioner, stated granting the Special Use Permit would complete the duplex project; therefore, he respectfully requests approval of the proposed use. Chairman Retchin asked Mr. Simmons if he concurs with the findings as presented by the Planning Director. Mr. Simmons stated he agrees with the statements and findings as presented. 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. o Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Greer to grant the Special Use Permit for construction of two (2) duplexes on the west side of Old Avenue south of Parmele Road based upon the evidence presented and findings of fact concluding that the four general requirements have been met. 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 46. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ESTABLISH A CHILD DAY CARE FACILITY FOR UP TO TEN (10) CHILDREN AT 4025 STILLWELL ROAD (S-333) Chairman Retchin opened the Public Hearing and stated the special use process is 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: crystal Kelly Planning Director Hayes presented background information on the proposed use and stated the Planning commission approved issuance of the Special Use Permit for establishment of a child day care facility at 4025 stillwell Road feeling that the four general requirements had been m~t and the proposed use was in compliance with the Zoning Ordinance. o The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: (a) the property has direct access to stillwell Road, a public street; (b) an additional bathroom facility will be installed for use by day care patrons. Also, a new kitchen sink with a handwash basin will be installed; (e) the property, is located in the Myrtle Grove Volunteer Fire Department District; . . . <"I,,;';' '''1};~ ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 555 t in'~~,f",-'..1', ' and (d) the applicant will be licensed for up to ten (10) children. No significant increase in local traffic is expected. General Reauirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (a) off-street parking must be provided at the ratio of one space per employee, plus four (4) spaces for off street drive-in and pick up. (Note: Although adequate area is available to meet this requirement, this item is not detailed on the site plan.); (b) the site is equipped with a driveway that provides access directly to a public street and would allow exit from the facility without backing onto the street; (e) the outside play area will be located to the rear of the house and enclosed by a fence four (4) feet in height; (d) at this time, the applicant does not propose to erect a sign identifying the facili ty. The maximum square footage for a sign is two (2) square feet; and (e) in addition to the local zoning requirements, the applicant will have to comply with design guidelines of the Health and Inspections Departments and the Fire Marshal. Also, the applicant will have to meet design guidelines established by the state Day Care Licensing Board. General Reauirement #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: (a) the applicant is presently registered with the state as a day care provider. Some day care operations have been conducted on this site without any record of complaint; and (b) the lot's outer fencing consists of an eight (8) foot high privacy fence. General Requirement #4: The location and character of the proposed use, if developed according to the plan as submitted and approved, 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: (a) no external renovations, alterations or additions are planned for the house. Chairman Retchin asked if anyone present would like to speak in favor of granting the Special Use Permit. The following person commented: Ms. Crystal Kelly, the petitioner, commented on the need for quality day care and stated she would provide this type of care for children. Chairman Retchin asked Ms. Kelly if she agreed with the findings as presented by the Director of Planning. Ms. Kelly stated she concurred with the statements and findings as presented. 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 Greer MOVED, SECONDED by Chairman Retchin to grant the Special Use Permit to establish a child day care facility for up to ten (10) children at 4025 stillwell Road based upon the evidence presented and findings of fact concluding that the four general requirements of the Zoning Ordinance have been satisfactorily met. 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 46. WITHDRAWAL OF PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT TO LOCATE A MOBILE HOME AT THE WESTERN END OF CHAIR ROAD (NORTH SIDE) (S-334) Planning Director Hayes announced the petitioner has withdrawn the request for location of a mobile home on Chair Road. ~ r- , MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 556 PUBLIC HEARING TO CONSIDER A REQUEST TO RENAME A PORTION OF RIVER ROAD TO RIVER SIDE DRIVE (SN-62) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, stated the petitioner is seeking a name change for a portion of the road known as River Road (SR 1100) encompassing a length of 5.6 miles and running from its intersection with Sanders Road (SR 1187) south to its intersection with the Service Road (SR 1576) which connects with the southern end of Carolina Beach Road. This portion of River Road is maintained by the Department of Transportation and serves as access to 100 properties including very large acreage tracts. River Road, which is one of the longest segments (11.7 miles) of state-maintained collectors in the County, borders the Cape Fear River from the City Limits to Snow's Cut. The request to rename this portion of River Road revolves around the name which is associated with illegal dumps, trash, murders and heavy industrial activity. After surveying the area, eleven (11) residents living on Ri ver Road would be affected by the proposed name change and unless a majority of the adjoining property owners desire to rename River Road, Staff would recommend that the name not be changed. Chairman Retchin asked if anyone present would like to speak in favor of the proposed name change. The following persons commented: Mr. Gilbert Burnett, the petitioner and property owner on River Road, commented on the stigma attached with the name River Road, particularly with reference to the northern portion of the road where trash is dumped and murders occur. He stated the residents living south of Sanders Road feel renaming the road to River Side Drive would be beneficial to the image of the area and properly reflect on the development of the southern end of the road. He requested the Board to approve the proposed name change. Ms. Nancy Burnett, the wife of the petitioner, commented on being a school teacher and being embarrassed when students refer to River Road as murder road and requested the Board to approve the name River Side Drive. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the proposed name change. The following persons commented: Ms. Ruby Klutz Beavers, a resident of River Road, presented a petition from the residents living on River Road, and strongly opposed renaming the road, particularly when addresses were changed in 1988. Ms. Nancy Langley, a property owner on River Road, stated addresses have been changed twice and she can see no need for the proposed change in the name. Ms. Judy Wilson, a resident of River Road, commented on the stigma attached with River Road and stated with the positive development occurring everyday, she would prefer that the road name remain the same in order to allow this road and area to come of age and become known as one of the better sections in the County. Ms. Brenda Hewett, representing the 911 Center, expressed concern for changing names in the middle of a road and recommended not renaming the road unless absolutely necessary. She emphasized the importance of road identification when responding to emergency calls. ~ Ms. Frankie Jones, a resident living on River Road, commented on her father operating the old Snow's Cut draw bridge and stated this road has always been known as River Road and that, in her opinion, the name should not be changed. () () () ..., MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 557 -., .~ .::1.. Chairman Retchin closed the Public Hearing. . commissioner Barfield recommended polling the residents living on River Road before voting on the proposed road change. Motion: After a lengthy discussion on the number of persons actually living on River Road, Commissioner Greer MOVED, SECONDED by Commissioner Barfield to direct the Planning Staff to poll all the property owners between Sanders Drive and River Road to Snow's Cut on Highway 421 before voting on the proposed name change. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST TO CLOSE AN UNNAMED ROAD LOCATED 200 FEET SOUTH OF THE GORDON ROAD/CASTLE HAYNE INTERSECTION, ON THE EAST SIDE OF CASTLE HAYNE ROAD, IN CAPE FEAR TOWNSHIP (SN-62) Chairman Retchin opened the Public Hearing and asked if anyone present would like to speak in favor of closing the road. The following persons commented: Mr. Louis Burney, an attorney representing Mr. John Higgins, Jr., commented on the proposed closing of the unnamed 50 ft. road located 200 feet south of the Gordon Road/Castle Hayne intersection and presented pictures of the road. He stated the road has not been opened to the public and if closed will not landlock exiting properties to the south, east, and north; therefore, he respectfully requests approval of road closing as submitted. Mr. John Higgins, Jr., the petitioner who is currently living in California, requested the Board to close the road for better use of his property and stated he plans to return to Wilmington to retire. . Chairman Retchin asked if anyone present would like to speak in opposition to the proposed road closing. The following persons commented: Mr. Dennis Musser, the real estate agent for Wilmington Associates, owner of the old Timme property, stated the property is currently for sale and in order to better market the site, his clients are opposed to closing the road feeling that this decision should be deferred until the property is sold. Chairman Retchin closed the Public Hearing. Motion: After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Sutton to approve the road closing as requested. 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 XIX, Page 11. UPDATE ON JAIL EXPANSION Mr. Bruce F. Bowman, representing Ballard, McKim & Sawyer ArChitects, presented the following update on the jail expansion: . 1. Due to inadequate space for accommodating the 911 Center and Emergency Management, 800 square feet of new construction will be necessary. This scope of work was not included in the original services provided by the architect; therefore, a change order in the amount of $12,000 is requested by Ballard, McKim & Sawyer for construction drawings and project administration. 2. The 88-bed expansion has been reduced to 83 beds due to the location of large mechanical pipes that are too difficult to move. j ~ ./ ( ( { ( t ! l ! ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 558 3. The following cost projection was presented: Jail Renovation 911 Total General Contract $ 772,014 $169,320 $ 941,334 Plumbing 128,000 12,000 140,000 HVAC 97,000 14,500 111,500 Electric 99.740 43.637 143.377 Sub-Total $1,096,754 $239,457 $1,336,211 ~ 5% Contingency 54.838 11.973 66.181 Total $1,151,592 $251,430 $1,403,022 4. The project will be completed by March 1992. County Manager O'Neal commented on the need to move forward with the project and recommended approval of the change order as presented. Motion: After discussion of the need to move ahead with this project to relieve the jail overcrowding, Chairman Retchin MOVED, SECONDED by Commissioner Sutton to approve the change order in the amount of $12,000 as presented by Ballard, McKim & Sawyer. Upon vote, the MOTION CARRIED UNANIMOUSLY. REJECTION OF CONSTRUCTION BIDS FOR THE MYRTLE GROVE BRANCH LIBRARY Deputy County Manager, Mary Gornto, stated bids for construction of the Myrtle Grove Branch Library were received and opened on June 12, 1991. The amount of the bids was substantially greater than the previously estimated cost with the low bid at $600,345 which is approximately $100,000 more than originally projected. After discusslon with the Library Director and project Architect, it was determined by staff that re-bidding would be more desirable than trying to negotiate a sufficient reduction in the cost to br ing the proj ect wi thin estimated range. Also, the Library Director has recei ved word by phone that $450,000 in federal LSCA funds will be available for the State to award grants in the fall for library projects. Receipt of the grant funds would enable the County to build the branch library as designed, including an additional 897 square feet without exceeding the original budget. Therefore, staff recommends rejection of all bids received and authorization to rebid the project with alternates which could be reduced if the LSCA grant funds are not received. () Chairman Retchin inquired as to the proposed alternates. Deputy County Manager Gornto stated the original size of 6,000 sq. ft. was increased approximately 800 sq. ft. to add additional stack area, which can be eliminated; the roof design can be redesigned; and various textures of materials can be modified to save money. commissioner Barfield expressed concern for the amount of money paid to architects for design of costly buildings which are over and above actual needs. He recommended allowing contractors to submit plans that will provide for construction of quality buildings without unnecessary amenities in order to save the taxpayers money. () Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to reject the bids received and authorize the architect to prepare alternates for various components of the bid specifications to reduce the cost if the LSCA grant is not received and to approve the Library filing a grant application in the amount of $231,238. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGREEMENT WITH CAROLINA POWER & LIGHT COMPANY TO SUPPLY STANDBY ELECTRICAL SERVICES TO THE WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, stated after investigating the purchase of a diesel powered system to ~; ff! ~ /.,\". '"J!;>' ~ MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 559 ,"" ~; 't1 provide standby electricity for the Waste-to-Energy Facility, staff has determined this system is not feasible due to potential costs. He recommended approval of an agreement with Carolina Power & Light Company to supply standby electrical services to the Waste-to-Energy Facility in the amount of $207 per month. . Motion: After discussion of the cost to purchase a system, Commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to approve the agreement with Carolina Power & Light Company in the amount of $207 per month for the provision of standby electrical services to the Waste-to-Energy Facility. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONTRACT 192-0003 AND LEASE AGREEMENT WITH THE TRUSTEES OF THE METHODIST HOME FOR CHILDREN, INC. FOR OPERATION OF THE DEPARTMENT OF SOCIAL SERVICES' RECEIVING HOME Director of the Department of Social Services, Wayne Morris, stated the 1991-92 budget included funding for contracting the operation of the Department of Social Services' Receiving Home to the Methodist Home for Children. He commented on the need to contract this service due to the difficulty experienced in Obtaining foster parents, additional costs for operation of the program, and the increase in the number of children being served by the DSS Receiving Home. After thoroughly investigating this issue, the Board of Social Services recommends contracting this service in order to save money and provide a better level of care to these children. The County will lease the house furnishings and the station wagon to the Methodist Home for Children. . Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to approve the contract and lease agreement with the Methodist Home for Children, Inc. as recommended by the Board of Social Services. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. DESIGNATION OF CHAIRMAN FRED RETCHIN AS THE VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS CONFERENCE IN WINSTON-SALEK, NORTH CAROLINA ON AUGUST 15-18, 1991 Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to designate Chairman Fred Retchin as the Voting Delegate at the N. C. Association of County Commissioners to be held in Winston-Salem, North Carolina, on August 15-18, 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Retchin convened from Regular Session at 10:50 o'clock P.M. until 10:55 o'clock P.M. to hold a Regular Meeting of the New Hanover County Water & Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS . Evaluation of County Manager, County Attorney, and Clerk to the Board Rescheduled to August 19, 1991 Chairman Retchin stated since the County Manager is going to be on vacation on July 22, 1991, he would recommend postponing evaluations for the County Manager, County Attorney, and Clerk to the Board until the second meeting in August. Consensus: After discussion, it was the consensus of the Board to evaluate the County Manager, County Attorney, and Clerk to the Board at the Regular Meeting of August 19, 1991. Denial of Request for a County Commissioner to Serve on the Wilmington/New Hanover Community Development Corporation Chairman Retchin stated Ms. Allene Drain of the Wilmington/New Hanover Community Development Corporation has requested that a County Commissioner be appointed to serve on the ~ ( MINUTES O'F REGULAR MEETING, JULY 1, 1991 ... PAGE 560 Board of Directors. Commissioners. direction from the He requested Consensus: After discussion, it was the consensus of the Board not to appoint a county commissioner to serve on the Wilmington/New Hanover Community Development corporation Board of Directors. Appointment of Luther Brown to Fill an Unexpired Term on the Cape Fear Museum Board of Trustees Chairman Retchin stated a letter has been received from the Cape Fear Museum Board of Trustees notifying the Commissioners that Joe Kessler has resigned and that the Board of Trustees has requested appointment of Luther Brown to fill the unexpired term. Motion: After discussion, commissioner sutton MOVED, SECONDED by Chairman Retchin to appoint Luther Brown to fill the unexpired term of Joe Kessler on the Cape Fear Museum Board of Trustees. The floor was opened for discussion. commissioner Greer expressed concern that this request was not presented as a regular agenda item under commi ttee appointments and stated he will vote for Mr. Brown; however, in the future this type of appointment should be submitted according to committee appointment procedures. After further discussion, Chairman Retchin called for the vote on appointing Luther Brown to fill the unexpired term on the Cape Fear Museum Board of Trustees with the term expiring June 30, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Members to the strategic Planning Task Force to Develop a Plan for the continued Expansion of the Sewer System Motion: Chairman Retchin MOVED, SECONDED Mathews to appoint the following members Planning Task Force for development of a plan for expansion of the sewer system. Upon vote, UNANIMOUSLY. by to and the Vice-Chairman the strategic revenue source MOTION CARRIED Board of Realtors Home Builders Association League of Women Voters American Society of civil Engineers Wilmington Excellence Member At-Large County Commissioner - Carlton Fisher - Dean Potter - Sue Hayes Dan Dawson - George Bair - Rod Andrew - Jonathan Barfield, Sr. The Wilmington Industrial Development Committee did not submit a name; however, a name will be submitted at the regular meeting of July 15, 1991. ADDITIONAL ITEMS COUNTY MANAGER Presentation of a Model Comprehensi ve Ground Water Protection Plan Assistant County Manager, Dave Weaver, presented a copy of the Cape Fear Council of Government grant application to receive funds from the Clean Water Act through the State for development of a Comprehensive Ground Water Protection Plan for New Hanover County. No funds are required from the County for the plan; however, in-kind services will be provided by the County Attorney, Assistant County Manager, Director of Planning and Planning Technician. He emphasized the need for the plan and stated he and the County Planning Director will be serving on the Project Advisory Committee. The Board will be updated on the progress of the grant award and plan. A copy of the proposal is hereby incorporated as a part of the minutes and is contained in Exhibit XIX, Page 11. l ~ o () f\ \. / . . . ~ .MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 561 4. <:~ Scheduling of Monthly Work Sessions County Manager O'Neal commented on the need to better understand the functions of County departments and recommended scheduling a Work Session after the second meeting of each month to hear a presentation from various departments. Also, the Work Sessions can be utilized to discuss other matters such as the development of the strategic planning process. Consensus: After discussion, it was the consensus of the Board to schedule the first Work Session on August 19, 1991, at 1:00 P.M. in Room 501 of the County Administration Building, for an overview of the functions and duties of the Human Relations Commission. Staff was directed to limit the Work Sessions to no more than one or two hours. Discussion of Budget Requests Commissioner Barfield expressed concern for Department Heads and Chairmen of Boards appearing before the County commissioners after budget requests and recommendations have been reviewed by the County Manager through the regular budgetary process. He questioned the protocol of this procedure. After further discussion, Chairman Retchin stated in order to alleviate some of the problems during the budgetary process, staff should forward budget requests and backup materials to the Commissioners as soon as the requests are submitted to the Budget Director. He emphasized the importance of allowing enough time to study and review the budget requests in order to question the Manager and Budget Team at scheduled Work Sessions. Announcement of New Opening Date for the Expanded Cape Fear Museum Deputy County Manager, Mary Gornto, announced the Cape Fear Museum opening date has been delayed from November 22, 1991, until January 17, 1992, and requested the Commissioners to mark their calendars accordingly. commissioner Greer and Commissioner Sutton expressed concern for delaying the opening until January 17, 1992, and encouraged staff to move as quickly as possible in reopening the facility. Consensus: After discussion, it was the consensus of the Board to approve the date of January 17, 1992. Discussion of EPA Violation by Jetstream Director of Environmental Management, Ray Church, stated a letter of violation has been received from the State's Solid Hazardous Waste section pertaining to hazardous materials discovered on the site where Jetstream was located. The letter was written on November 26, 1990, but was not forwarded from the State's Hazardous Waste Office to the County until June 3, 1991. Proposals have been submitted for removal of a 55 gallon drum of waste oil, a 5 gallon container of unknown materials, and 20 cubic yards of contaminated soils at a estimated cost of $7,000 to $8,000. He requested the Board to approve funding for removal of the hazardous wastes in order to comply to the time constraints. Motion: After discussion of recovering removal costs from the parties involved, Chairman Retchin MOVED, SECONDED by Commissioner Sutton to appropriate funding up to $8,000 for removal of the hazardous wastes and to instruct the Legal Department to pursue recovering the funds from the parties involved. Upon vote, the MOTION CARRIED UNANIMOUSLY. Report on Landfill Cell #2 Director of Environmental Management, Ray Church, reported that the cover to Cell #2, which was damaged by high winds, has been completed. The participating firms are now in arbitration, and County will not be responsible for payment of the repairs. ~ / ( I i i ! MINUTES OF REGULAR MEETING, JULY 1, 1991 PAGE 562 ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 11:47 o'clock P.M. ~tif~' LUCle F. Harrell Clerk to the Board () () ()