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1991-10-07 Regular Meeting ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 '''. Page 640 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 7, 1991, at 6:30 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 Jonathan Barfield, Sr.; Robert G. Greer; William H. Sutton; Vice-Chairman E. L. Mathews, . Jr.; Chairman Fred Retchin; County Manager, Allen O'Neal; Assistant County Attorney, Wanda Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. commissioner Barfield 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 present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented: Adoption of Resolution Addressing Safety Concerns for School Crossing located on Highway 132 in Front of Trask Middle School and Laney High School Ms. Mary Roberts, representing residents of NorthChase Subdivision, expressed concern for the safety of children crossing Highway 132 when attending Trask Middle School and Laney High School. After discussion of the recent accident where a child was hit, she requested the Commissioners to support the community in trying to urge the N. C. Department of Transportation to take the following safety precautions at this location: (1) reduce the speed limit to 35 MPH; (2) create a cross-walk; and (3) install a push button at the traffic light. . Chairman Retchin, on behalf of the Board, expressed appreciation to Ms. Roberts for bringing these concerns to the attention of the Commissioners and recommended preparing a resolution requesting the Department of Transportation to address these safety issues. Motion: After further discussion, Commissioner Sutton MOVED, SECONDED by Chairman Retchin to prepare a resolution urging the N. C. Department of Transportation to immediately correct the school crossing problems in front of Trask Middle School and Laney High School. The floor was opened for further discussion. Commissioner Greer recommended requesting the Sheriff to place a Deputy at the school crossing until this problem has been resolved. Amended Motion: Commissioner Sutton AMENDED THE MOTION to include a Deputy at the school crossing until the problem is . resolved. 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 XIX, Page 18. Discussion was held on the numerous complaints received by the Commissioners from citizens living in College Acres (Racine Drive), El Ogden, and NorthChase with reference to requests being denied by DOT for the installation of safety precautions in high traffic areas throughout the County. Concern was expressed for ~ .. .\ . ., ':" ,i~\'i,~ff~~~'~\fPJ~;%,h~ ::; . ~ MINUTES OF REGULAR MEETING,' OCTOBER, ,7, '1991 Page 641 ~17tit.!}.}~F!~~~~; '-<<~:;-~; ~ ';'.'-1 .~.. , the Department of Transportation's emphasis being placed on not impeding traffic flow, and the Commissioners concluded that the first priority must be safety. . Consensus: After further discussion of the need to reduce the speed limit and provide the necessary traffic precautions in urban areas of the County, it was the consensus of the Board to direct the Chairman to write a letter to the N. C. Department of Transportation requesting that some criteria be developed whereby residential density areas in the County will be treated the same as urbanized areas in the City. Concern for Location of an ABC Store in Ogden Mr. Herman Hall, representing members of the Ogden Baptist Church, expressed concern for the location of an ABC store across the street from the church. He commented on the poor public notification by the local ABC Board (a small sign posted on the site) and also expressed concern for an increase in traffic at an already congested area. Chairman Retchin stated statute and has authority recommended that Mr. Hall matter. the ABC Board is regulated by state to select sites for stores. He approach the ABC Board about this Mr. Hall stated members of the church have approached the local ABC Board with no results. commissioner Barfield expressed concern for no ordinance or regulations that would avoid placement of types of stores in front of churches. zoning these . Planning Director, Dexter Hayes, stated the County can adopt zoning regulations; however, the ABC state Board can and does override local zoning ordinances. Chairman Retchin, on behalf of the Board, expressed appreciation to Mr. Hall for presenting his concerns and recommended that he inform the state ABC Board of the church's opposition to the site and the lack of public notice. APPROVAL OF CONSENT AGENDA Motion: After discussion, Commissioner Greer MOVED, SECONDED by Vice-Chairman Mathews to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes Meeting of September 16, 1991, and Work Session 1991, as presented by the Clerk to the Board. of the Regular of September 16, . Ratification of Proclamation Designating October, 1991 as "U.S.S. North Carolina Month" and October 2, 1991, as "U.S.S. North Carolina Thirtieth Anniversary Day" The Commissioners ratified a proclamation October, 1991 as "u . s . s . North Caro I ina Month" and 1991, as "U.S.S. North Carolina Thirtieth Anniversary designating October 2, Day" . A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 18. Adoption of Proclamation Designating the Month of October, 1991 as "Lupus Awareness Month" The Commissioners adopted a proclamation designating the month of October, 1991, as "Lupus Awareness Month" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 18. ~ ( ! I I I MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 642 Authorization to Reclassify the Telecommunications Systems Specialist position in MIS to Personal Systems Support Manager The Commissioners authorized reclassification of the Telecommunications Systems Specialist position (Range 67) in MIS to Personal Systems Support Manager (Range 75) as recommended by the Human Resources Director. The duties of the Telecommunications systems Specialist position were expanded to include supervision of the personal computer specialists. Report on 1991-92 Budget Resolution for Cape Fear Community College The Commissioners acknowledged the 1991-92 Budget Resolution submitted by Cape Fear Community college. () A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 18. Acceptance of Arts Council Grassroots Grant for the Cape Fear Museum and Approval of Budget Amendment #92-0050 The Commissioners approved the following Budget Amendment and accepted the Arts Council Grassroots grant in the amount of $950 to produce a series of programs complimenting "Wilmington's Cultural History". The grant will pay for artistic fees, and the required match is included in the 1991-92 Museum Budget. The County Manager was authorized to execute the grant documents. 92-0050 Museum Debit Credit Museum Arts Council/Grassroots Grant $950 Contracted Services $950 Purpose: To establish budget for an Arts Council/Grassroots grant awarded to the Museum. () Approval of Reduction of Arts Council Grassroots Grant for the New Hanover County Library and Approval of Budget Amendment #92-0051 The Commissioners approved a 10% across-the-board reduction of the previously awarded $1,000 grant from the Arts Council to the Library. Funds are being used to bring children's book author, Ashley Bryan, to Wilmington for lectures. The County Manager was authorized to execute the grant documents and the following Budget Amendment was approved: 92-0051 Library Credit Debit Librarv Arts council/Grassroots $950 Rent Travel Printing $100 $800 $ 50 Purpose: To establish budget for an Arts Council Grassroots grant awarded to the Library to be used to bring a children's book author to Wilmington for lectures. () Approval of Budget Amendment #92-0054 for Transfer of Funds from the Special Fire District to the Myrtle Grove Volunteer Fire Department for Construction Costs of the New Myrtle Grove Volunteer Fire Department Building on Carolina Beach Road The Commissioners approved the following Budget Amendment: 92-0054 special Fire District/Fire Departments Debit Credit Special Fire District/ Fire Departments Appropriated Fund Balance $200,000 Myrtle Grove Volunteer Fire Dept. $200,000 . . . ~ .., ':'-'1 f. MINUTES OF REGULAR MEETING,... OC",l'OBER 7, 1991 t~: :;.~ Page 643 ,>.: :';-'''/' , ~.. Pur~ose: To budget funds for the first allocation of the construction costs of the new Myrtle Grove Volunteer Fire Department Building on Carolina Beach Road. On April 24, 1991, the Board of Fire Commissioners approved an appropriation of $400,000 to Myrtle Grove for construction of a new building. The relocation of the Myrtle Grove Volunteer Fire Department is necessary due to alternations at the Monkey Junction Intersection. Ratification of Resolution Accepting Amendment #1 to the Federal Aviation Administration Grant Agreement for Project #3-37-0084-12 - New Hanover County Airport Authority The Commissioners ratified adoption of a resolution accepting Amendment #1 to the Federal Aviation Administration Grant Agreement for Project No. 3-37-0084-12 to revise the project description on Page 1 of the grant to read as follows: Phase II rehabilitate, strengthen, and shoulder stabilization, runway 16/34; rehabilitate HIRL, runway 16/34 and guidance signs, groove runways 5/23 and 16/34. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 18. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions adding the following roads to the state Highway System: section 1 of Fox Run Farm Subdivision (File #674-N) Southeast Harbor Drive of Southeast Harbor Subdivision (File #671-N) Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XIX, Page 19. Authorization for Partial Release of Penalties and Taxes for Cape Industries, Inc. The Commissioners authorized release of $14,000 from the total penalty of $38,752.70 assessed to Cape Industries, Inc. as a result of a recent audit. The Tax Administrator recommends approval of the $14,000 reduction, which represents the release value of the pollution abatement facility. Adoption of Resolution Awarding Bid #92-0106 to IBM Corporation for Installation of a Computer Workstation in the Tax Department After due advertisement, the following bid was received when publicly opened on September 24, 1991, for installation of a Computer Workstation in the Tax Department: IBM Corporation $47,684 There being only one responsible bid received, the Commissioners adopted a resolution awarding the bid to IBM Corporation in the amount of $47,684 for installation of a Computer Workstation in the Tax Department. The Chairman was authorized to execute the resolution and necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 19. ADOPTION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS "NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH" Motion: commissioner Barfield MOVED, SECONDED by Commissioner Sutton to adopt a proclamation designating the Month of October as "National Disability Employment Awareness Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 644 Chairman Retchin, on behalf of the Board, stressed the importance of employers and citizens of the County becoming more aware of programs which promote employment of qualified disabled persons. He presented the proclamation to Ms. Teresa Goldston, a member of the Committee for Persons with Disabilities of the New Hanover Human Relations Commission. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 19. PRESENTATION OF STATUS OF THE CHILD CARE RESOURCE AND REFERRAL PROJECT Ms. Julie Rehder Jackson, Executive Director, of the Child Advocacy Commission stated the New Hanover County Department of Social Services (DSS) has transferred the responsibility of the child care resource and referral project to the Child Advocacy Commission as of September 11, 1991. The Department of Social Services did not have the necessary resources to develop the program; however, when the program was transferred by DSS a grant-funded computer program was turned over to the Child Advocacy Commission. Due to the_ inactive status of the present agency, Ms. Jackson requested the Board to dissolve New Hanover Child Care Resource and Referral, Inc. and designate the Child Advocacy Commission as the entity to organize and develop administration of a child care resource and referral program as well as endorse the grant application that has been filed. <./ Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to dissolve New Hanover Child Care Resource and Referral, Inc. and designate the Child Advocacy Commission as the administrator of a child care resource and referral program with endorsement of the grant application filed by the Child Advocacy Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION OF WILMINGTON/NEW HANOVER COUNTY BICYCLE ADVISORY COMMITTEE AND ADOPTION OF BICYCLE POLICY Planning Director, Dexter Hayes, stated the Wilmington/New Hanover county Bicycle Advisory Committee was officially recognized by the Wilmington City Council on March 23, 1982. The Committee composed of representatives from law enforcement, transportation, planning, recreation, education, commerce and bicycle user groups, was formed to serve as a clearinghouse for coordinating bicycle related efforts in New Hanover County. Since 1982, the Committee has been involved with education and safety programs as well as presenting ideas, plans, and projects which promote bicycle use to local, private, and public groups. Staff recommends adoption of the policies presented and official recognition of the Bicycle Advisory Committee and membership as designated. Motion: After discussion, Chairman Retchin MOVED, SECONDED by Commissioner Greer to recognize the Wilmington/New Hanover County Bicycle Advisory Committee with the members as designated and adopt the Bicycle Policy as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Bicycle Policy is on file in the Clerk's office. ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT DEMOLITION/RELOCATION POLICY AND FORMS - PLANNING DEPARTMENT Staff Planner, Wanda Coston, stated Community Development Block Grant (CDBG) programs often require homeowners and tenants residing in a targeted area to be relocated during the course of a project. Federal guidelines that regulate relocation efforts are very stringent to ensure that relocatees are not placed or replaced into substandard housing and are adequately compensated. In the CDBG Wrightsboro project, several families will need to be temporarily relocated because the condition of their dwellings will prevent rehabilitation from being cost effective; therefore, it will become necessary for the County to adopt a ~. \ ~ () () ,., MINUTES OF REGULAR MEETING,' OCTOBER:7, 1991 :f Page 645 .:.:i)l ~, 1 ~~ t,.\;: ~ ~ "'. Demolition/Relocation Policy to ensure fair and equitable treatment for those being provided replacement housing. staff Planner Coston presented further background information on the proposed policy and requested the Board to adopt a County Community Block Grant Demolition/Relocation Policy along with the necessary forms presented in the agenda packet. . Commissioner Barfield referenced Page 4, section (b) which states "the owner agrees to sign a lien against the property which would prohibit the sale of or placement of secondary mortgages on the property for a period of 10 years after construction or acquisition of a new or renovated structure" and inquired as how additions to these homes can be made within this time frame? Assistant County Attorney, Kemp Burpeau, stated the requirement for no second mortgages was imposed by HUD in order to avoid the possibility of owners becoming delinquent on second mortgages which would create foreclosures on the entire property. commissioner Barfield inquired as to what happens if a death occurs in the family? Assistant County Attorney, Kemp Burpeau, stated if the owner dies, the debt would be automatically cancelled, and the beneficiaries would receive the property free of liens. Vice-Chairman Mathews asked if additional costs will be incurred by the County in carrying out this program? Staff Planner Coston stated hopefully no additional costs will be incurred; however, the possibility does exist. . Motion: After discussion of the policy minimizing costs with relocation, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barfield to adopt the Community Block Grant Demolition/Relocation Policy and forms as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 19. County Manager 0' Neal complimented the Planning Staff for the excellent manner in which the CBDG program is being handled and stated in most counties many more problems are experienced. Chairman Retchin, also, complimented Staff Planner, Wanda Coston, for an outstanding job in administering the program. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT BOARD OF COMMISSIONERS Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Chairman Retchin convened from o'clock P.M. Regular Session at 7:15 Motion: Chairman MOVED, SECONDED reconvene to :B,egular Session. Upon UNANIMOUSLY. by Commissioner Greer to vote, the MOTION CARRIED Chairman Retchin reconvened to Regular Session at 7:22 o'clock P.M. PRESENTATION OF LETTER FROM WASTE-TO-ENERGY FACILITY EMPLOYEE Mr. Art Graifer, a Plant Operator of the Waste-to-Energy Facility, presented a letter to be forwarded to the editor of the Star-News. He expressed concern for the unsubstantiated allegations printed in the newspaper which imply that employees ~ ( I i MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 646 at the Waste-to-Energy Facility are incompetent and have not performed their jobs in compliance with the law. He, also, expressed concern for newspaper allegations that the employees tried to cover up wrongdoings when the truth is that no one was aware that notification of the water released into the Cape Fear River should have been reported. Vice-Chairman Mathews inquired as to why this item was not presented under Non-Agenda items at the beginning of the meeting? () Mr. Graifer apologized for being late and stated the purpose of his appearance is to inform the Commissioners that this letter will be published in the newspaper. Chairman Retchin stated the Board has received a full report on the incident, and the general consensus is that the procedures followed were thought to be correct; therefore, he has no problem with the letter being published. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF CONTRACT #92-0180 WITH THE NORTH CAROLINA STATE EMPLOYEES CREDIT UNION FOR CONSTRUCTION OF AUTOMATIC TF.T.T.n MACHINE ON THE DEPARTMENT OF SOCIAL SERVICES PROPERTY Assistant county Manager, Dave Weaver, presented a contract with the N. C. state Employees Credit Union authorizing construction of an automatic teller machine on the the Department of Social services property. The terms of the contract will allow the State Employees Credit union to lease the site from the county on an annual basis beginning with $175 per month for the first two years and eventually escalating to $275 per month in the final year. All conditions have been agreed upon by the State Employees Credit Union, but they have requested final approval of the lease after review by their legal staff. commissioner sutton expressed concern for the lease not being bid competi ti ve. County Manager 0' Neal stated the State Employees Credit Union contacted the County since their teller machine was being moved due to renovation of the Glenn Meade Shopping Center; therefore, no bids were required; however, if other f inancial institutions are interested in constructing a teller machine on County property under the same terms, it would certainly be acceptable. () Motion: After discussion of the lease providing additional revenue for the County, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to approve the lease agreement as presented and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin convened from Regular Session for a break from 7:20 o'clock P.M. until 7:35 o'clock P.M. WITHDRAWAL OF ITEM #13, A PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR REPLACEMENT OF A DOUBLE-WIDE MOBILE HOME UNIT WITH A SINGLE-WIDE MOBILE HOME UNIT ON MARATHON AVENUE Chairman Retchin announced that the petitioner, Lawrence A. Southerland, has withdrawn his petition to locate a single-wide mobile home on Marathon Avenue; therefore, no Public Hearing will be held for this request. () PUBLIC HEARING TO CONSIDER REZONING .482 OF AN ACRE ON THE SOUTH SIDE OF GORDON ROAD WEST OF MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-440, 9/91) Chairman Retchin opened the ,Public Hearing. Planning Director, Dexter Hayes, stated after hearing the applicant's attorney and considering existing commercial zoning and development in this area, the Planning commission felt the rezoning was consistent with Land Use Policies, as well as with zoning trends in the area, and voted unanimously to approve the rezoning request. The Planning Staff recommends approval of the ~ MINUTES OF REGULAR MEETING,. OCTOBER 7, 1991 J~ y~' ..J.. Page 647 :'J'.~.\ tl n, ~ . B-2 zoning with the understanding that the westward extension of this commercial node will not go beyond the abandoned railroad. Chairman Retchin asked if anyone from the general public would like to speak in favor of the rezoning request. The following person commented: . Attorney Billy Mason, representing the petitioner, the petitioner is satisfied with the recommendation Planning Commission. stated by the 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 Mathews MOVED, SECONDED by Commissioner Sutton to approve rezoning .482 of an acre located on Gordon Road 440 feet west of U. S. 17 as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, section 6, Page 49. . PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO ESTABLISH A CHILD DAY CARE FACILITY AT 7708 SIDBURY ROAD (S-337, 9/91) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, all persons wishing to comment must be sworn in by the Clerk to the Board. The following person was sworn in: Susan Tyner Planning Director, Dexter Hayes, stated the Planning Commission determined that the proposed day care facility would not pose any hardships on the surrounding areas and recommended granting the Special Use Permit as requested. The following Staff findings were presented: General Reauirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: 1. The proposed use would be located in an existing one-story dwelling. 2. The site has approximately 463 feet of frontage along Sidbury Road, a State Maintained Highway. 3. The site is located within the Castle Hayne Volunteer Fire Department District. . 4. The property is served by an indi vidual well and septic tank. General Reauirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: 1. Off-street parking is required at the rate of one space per employee plus four for off-street drive-in and pick-up. The applicant's home is situated on five plus acres, with a circle dri ve which is more than adequate to accommodate required parking. .~ ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 648 2. Exit from the home can be accomplished without backing into the street. 3. A fenced area to the rear of the structure is provided for an outside play area. (The fence must be at least four feet in height.) 4. No signage is shown on the site plan. Preliminary inspections have been completed by the Building, Health, and Fire Inspectors. General'Reauirement #3: The proposed use will not substantially injure the value of adj oining or abutting property or that the use is a public necessity based upon the following findings: 5. () 1. A majority of the land on the south side of Sidbury Road in this general area consists of larger tracts of approximately five (5) acres. These lands are vacant. Island Creek Estates, which consists of single family detached structures on lots averaging close to an acre of land, is located northwest of the site. 2. The facility will be owner occupied and the house will continue to be used as a dwelling. General Reauirement #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: 1. The additional use of the home for day care does not require any exterior renovations; therefore, the current residential character of the structure would not be compromised. () 2. The limited number of children being cared for should pose minimal impacts in the neighborhood. 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: Ms. Susan Tyner, the petitioner, commented on the need for day care services in this area and respectfully requested approval of the Special Use Permit. Chairman Retchin asked Ms. Tyner if she agreed with the findings as presented by the Planning Staff. Ms. Tyner stated she was satisfied with the findings as presented. Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Sutton MOVED, SECONDED by commissioner Greer to grant the special Use Permit for location of a child day care center at 7708 sidbury Road based upon the evidence presented and the Board's conclusion that the findings of fact have satisfactorily met the four general requirements of the Zoning Ordinance. 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 II, Page 1. PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO ESTABLISH A CHILD DAY CARE FACILITY AT 142 EL OGDEN DRIVE (S-338, 9/91) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, ; ,,:~~'~I . :::.1 ~{ .>j ''l,::<< " ,., '<". MINUTES OF REGULAR MEETING, OC'fOBER 7, 1991 Page 649 L '; _ :~~.:il" '[;.~):r'~ ,;~).C~q ~ persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: . Karen Tyner Billie Houle Teresa Bilodeau Cathie Welch Romona Hallman Joyce pinson Planning Director Hayes stated approximately eight children are kept by the applicant and in order to increase the number of children to twelve, a Special Use Permit must be obtained. At the Planning Commission meeting, several neighbors spoke in opposition to the request with their major concern for increasing existing traffic which will become a safety hazard for children living in the EI Ogden Subdivision. The Planning Commission recommended denial of the Special Use Permit based upon the following reasons: 1. Safe ingress and egress to the site could be jeopardized because it is located on a curve. 2. Exiting the site without backing into the street appeared to be difficult. 3. Parking areas are not adequate. 4. Additional traffic demands of the facility would add to peak period congestion on the street. . 5. Speed limits are not posted, thus adding to the vehicular hazards. After discussion, the Planning Director presented the following Staff findings: General Reauirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: 1. The proposed use would be located in an existing single family structure. 2. The site has direct access to EI Ogden Drive. 3. The site is located within the Ogden Volunteer Fire Department District. 4. The property is currently served by adequate water and sewer facilities. General Reauirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: . 1. Off-street parking is required at the ratio of one space for each employee plus four spaces for off-street drive-in and pick-up. The applicant shows four spaces are provided; but because she has one other employee, an additional parking space must be provided. 2. Access to. the house is via a private driveway. exit the site without backing into the street. Cars may 3. The rear yard will be used as a play area. fenced to a minimum height of four feet.} (It must be 4. The applicant will have a sign (12 in. by 12 in.) on the house identifying the day care operation. ~ ( ! l I \ t I f I I I MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 650 5. Preliminary on-site inspections have been completed by the Building, Health, and Fire Inspectors. 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: 1. The property and structure will continue to be used for single-family dwelling purposes (owner-occupied). () 2. Limited day care operations in the past have had no injurious effects. General Reauirement #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: 1. There are no physical exterior renovations proposed for the dwelling. 2. The limited number of children should have few adverse impacts on the neighborhood. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of granting the Special Use Permit for establishing a child day care facility. The following persons commented: Ms. Karen Tyner, the petitioner, commented on the need for neighborhood child day care centers and stated she concurred with the findings of fact as presented by the Planning Staff. She also commented on the conclusions by the Planning Commission and presented pictures indicating that parking space was available on the left side of the dwelling. She requested approval of the Special Use Permit. () Ms. Billie Houle, a resident of Queens Point, stated she has been using the child day care center for three years without experiencing parking problems. She also expressed satisfaction with the quality of care. Ms. Teresa Bilodeau, a neighbor, stated she is not opposed to expanding the child day care facility since it has never presented a traffic or noise problem. She stated the children playing in the street are children from the neighborhood, not children from the day care center. commissioner Sutton requested the Planning Staff to present slides of the site. Staff Planner, Pete Avery, presented and explained slides of the site and surrounding properties. 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: Ms. Cathie Welch, an adjacent property owner, commented on deed covenants and restrictions in the EI Ogden Subdivision and stated all lots shall be known as singe-family residential lots and shall be used for residential purposes only; and no sign or billboard of any description shall be displayed on any lot other than private name plates or signs for identification of the residence. () Chairman Retchin stated a violation of the covenants would have to be addressed by the Court System, not by the Board of County Commissioners. . . . , ....- -~...:~. ~ ~t;\ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 - ! Page 651 . i ';., ;-; \~ ~1 t Ms. Welch expressed concern for the safety of 19 children living in the area of whom 11 walk back and forth to the school bus stop, and stated approval of the use would increase traffic and endanger the public safety of the children. She also expressed concern for allowing a business to operate in a residential district. Ms. Romona Hallman, a resident of EI Ogden, expressed the following concerns: 1. Concern for the safety of children living in EI Ogden with an increase in traffic. 2. Concern for noise. 3. Concern for the care and sanitation of children being kept in the present day care facility, particularly with reference to public health since five dogs live inside or outside of the house plus two horses being placed in the backyard on some weekends. She recommended inspection by the Health Department. Ms. Joyce Pinson, a resident of EI Ogden Drive, expressed concern for the depreciation of property with the establishment of a larger child day care center. Chairman Retchin closed the Public Hearing. Vice-Chairman Mathews stated, establishment of this facility would adjoining properties. in his injure opinion, the value the of Motion: After further discussion, commissioner Greer MOVED, SECONDED by Vice-Chairman Mathews to deny the request for a Special Use Permit to establish a day care facility at 142 EI Ogden Drive based upon the evidence presented and the Board's conclusion that the proposed use does not satisfy the Third General requirement listed in the Zoning Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. The conclusion is based upon the following findings of fact: The development of a larger scale child day care center at this location and the traffic it generates would generally be incompatible with existing land uses and as a result would negatively affect property values in the area. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit denying the request is hereby incorporated as a part of the minutes and is contained in Exhibit Book SUP II, Page 1. Consensus: Commissioner Sutton stated, for the record, he is very much in favor of neighborhood child day care facilities due to convenience to parents and familiar surroundings to the children. After further discussion, it was the consensus of the Board to authorize the Chairman to write a letter to Ms. Julie Rehder Jackson, Executive Director of the Child Advocacy commission and encourage this concept to be considered when establishing the Child Care Resource and Referral Agency for New Hanover County. ~ ( I MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 652 PUBLIC HEARING TO CONSIDER A REQUEST BY GIL BURNETT TO RENAME A PORTION OF RIVER ROAD TO RIVERSIDE DRIVE (SN-62, 7/91, CONTINUED ITEM) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, stated as instructed by the Board of Commissioners on July 1, 1991, a poll of all adjoining property owners between Sanders Road and its terminus at Carolina Beach Road has been performed. An addressed, stamped postcard along with a cover letter was mailed to 100 adjacent property owners as identified on the tax records. The results of the ballot were as follows: () Ballots mailed Ballots returned River Road (no change) Riverside Drive (change) 100 62 (62% response rate) 30 (48%) 32 (52%) In conclusion, Staff would like to reiterate that a River Road name change at this time is not warranted for the following reasons: 1. Road Name Fraqmentation: The separation of one main collector road into two roads creates a potential risk of confusion for those who deliver vital services to our citizens. 2. House Number Assignments: A recent conversion from rural route and box numbers to a street name and number occurred in September, 1988. Another change would create an unnecessary expense and inconvenience to persons involved. 3. Ballot Results: No mandates have been established for the name change based upon the slim margin of favorable votes. () Chairman Retchin asked if anyone from the general public would like to speak in favor of the proposed road name change. The following persons commented: The petitioner, Gil Burnett, requested approval of the proposed request to rename River Road to "Riverside Road" and stated the name change would be more representative of the area. Dr. Philip A. VanCampen, a resident of River Oaks, commented on inefficient mail delivery in River Oaks for the past four years and stated another address change will not make a difference; however, the name change will better describe the area. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the proposed road name change. The following persons commented: Ms. Hazel Klutz, a property owner on River Road, commented on the historical value of the name, River Road, and stated not all persons were properly notified or mailed a ballot on the proposed name change. She expressed concern for recent address changes and requested denial of this petition. Mr. J. Searls, owner of Anchor View Mobile Horne expressed concern for another address change which problems with the delivery of mail as well as additional reprinting of business cards, letterhead, bank records, requested the Board to deny the petition to rename River Estates, creates costs in etc. He Road. () Ms. Judy Wilson, a property owner on River Road, stated she did not receive a ballot and did not have an opportunity to vote on this issue; however, friends in Shipwatch Village, East Bank Landing, and River Oaks (properties adjoining River Road, but do not use a River Road address) were given an opportunity to vote. She expressed concern for the manner in which the poll was conducted and stated most of the citizens in this area would prefer that the name remained unqhanged. . . . ~ .':/ "'. MINUTES OF REGULAR MEETING, OC'f'OB~ 7, 1991 Page 653 ,- "I i~' ~:~,~~. i ; ,~_. .~ .;..' Mr. Boyd Knapp, owner of the Carolina Beach Family Campground located at 9641 River Road, commented on the inconvenience of address changes, particularly for a business listing in campground directories throughout the country and stated each address change has created a loss of revenue for his business. He requested denial of the proposed name change. Commissioner Barfield stated he has received complaints on the ballot survey and inquired as to Planning staff conducted the poll? several how the Planning Director Hayes stated the County Commissioners at the meeting of July 1, 1991, requested the Planning staff to conduct a poll of all adjoining property owners between Sanders Road and its terminus at Carolina Beach Road. He stated Ms. Wilson's property does have a River Road address; however, access to the property is through an easement which technically does not have property adjacent to River Road. commissioner Barfield misunderstanding and stated that property owners with received a ballot. expressed common sense a River Road concern for this should have dictated address should have Assistant County Manager, Dave Weaver, stated Staff will be glad to conduct another poll; however, the Board must decide if the proposed name change is beneficial to all persons involved. commissioner sutton reminded the Board that the issue to address is whether there is ample reason to change the name of the road which will create an inconvenience to property owners as well as to the 911 Center. Chairman Retchin closed the Public Hearing. Motion: After discussion of the inconvenience of another address change and the road name fragmentation creating a problem for 911, Commissioner sutton MOVED, SECONDED by Commissioner Barfield to deny the petition to change the name for a portion of River Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ALLOW "EATING AND DRINKING PLACES" AS A SPECIAL USE PERMIT IN THE R-15 RESIDENTIAL DISTRICT (A-223, 9/91, APPEALED ITEM) Planning Director, Dexter Hayes, stated the applicant proposes to amend the Table of Permitted Uses by permitting "eating and drinking places" as a special use in the R-15 Residential District. The Planning Commission voted 6-1 to deny the applicant's peti tion with the general consensus that the proposed Text Amendment was not the right approach since this change could open up all R-15 zoned lands in the County to the potential development of this use. The Planning Commission expressed empathy for the applicant and his current dilemma with discussion of the following alternatives: (1) allowing restaurants in residential uses that were historically or culturally significant to the area; however, no agreement was reached on how to define "culturally or historically" significant; and (2) relax the access standards applied to commercial districts, making it easier to apply for a Conditional Use District. Since no general consensus was reached on either suggestion, the Planning Staff was directed to further study the issue and report back to the Planning Commission if a feasible alternative could be provided. After review by the Planning Staff, it was felt that adoption of the Text Amendment would have county-wide applications; therefore, the introduction of such facilities in other residential areas could be a prelude to further residential decline. Eating and drinking places can also be very transitory in their permanence of operation and could prove to have disastrous effects by allowing the construction of commercial structures in residential neighborhoods. The County is not aware ~ ( MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 654 of any specific problems created by the current separation and classification of restaurant type uses. The Planning staff recommends denial of the request due to opening the door to all types of potential land use conflicts. Planning Director Hayes stated the attorney for the petitioner has filed a modified petition to amend Section 50-2 of the Table of Permitted Use to include a Historic Restaurant and would like to present this modification. Attorney Lonnie B. Williams, Jr., presented a modified petition to amend Section 50-2, Table of Permitted Use, by Special Use Permit in the R-15 with the following definition of Historic Restaurant: () Historic Restaurant: A restaurant facility which is located upon a site which is presently used for restaurant purposes and which has been in continuous use and operation for restaurant purposes since the date of the initial zoning classification of said site pursuant to the official zoning map of New Hanover County. Attorney Williams, representing the petitioners, John and Carol Coble, owners and operators of Trails End Restaurant, stated since the 1930's the existing property has been used as a restaurant. Over the years, this site has been become a landmark as an outstanding restaurant. Presently, the petitioners have filed a petition to expand the restaurant which requires a Special Use Permit under the current Zoning Ordinance. After the hearing before the Planning Commission and the empathy expressed for the Cobles, discussion was held on a proper way to define a historic restaurant; therefore, the modified petition has been prepared and submitted for approval. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed modification as presented. The following persons commented: () Ms. Mildred Harris, a concerned citizen, inquired as to the number of restaurants that would be included in the new category and asked if the new use is being adopted to accommodate only one restaurant. commissioner Barfield agreed with Ms. Harris and stated he would rather rezone the property insteaq of developing another use. commissioner Sutton stated the property does- not meet the necessary criteria for rezoning due to access and acreage. Dr. William Sisson, a concerned citizen, expressed concern in the fairness and application of the law if only one restaurant is accommodated by the proposed use; however, if other restaurants are involved in the new category, the proposed petition would be acceptable. He cautioned adopting a new use to facili tate the expansion of one person's business, when that person is a pillar in the community, and questioned whether the same consideration would be given to an individual of less standing. He stated new uses and regulations should benefit the community as a whole, not just one individual. () commissioner Greer stated the issue to be considered is that the restaurant was in existence before County zoning regulations were adopted, which now do not allow for the expansion of this facility; therefore, he feels the modification should be approved, not only for the Cobles but for anyone who is in the same situation and would qualify under the historic restaurant use. ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 655 , ...i....l:~ , " .~', Chairman Retchin closed the Public Hearing. Motion: After further discussion, commissioner Sutton MOVED, SECONDED by Commissioner Greer to approve the modification to section 50-2 of the Zoning Ordinance by adding the category of a "Historic Restaurant" to the Table of Permitted Use. Upon vote, the MOTION CARRIED UNANIMOUSLY. . A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 20. PUBLIC HEARING TO CONSIDER A REQUEST BY SANCO OF WILMINGTON TO MODIFY THE LANDSCAPING SECTION OF THE ZONING ORDINANCE (A-225, 9/91) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, stated the applicant has requested elimination of the buffer requirement for high density projects consisting of single-family detached structures that would abut "existing" detached residential, non-high density development. Currently, the Zoning Ordinance requires that all high density proj ects, regardless of housing design and type, locating adjacent to any existing detached residential development, (excluding mobile home parks, other high density or planned development districts) be provided with buffer strips. Also, additional buffer and setback requirements are imposed on attached residential development in high density projects adjacent to any existing detached residential structure or platted lot. . After review by the Planning Commission, the Commission concluded that bufferyards, while serving a useful purpose, may not always be necessary for higher density development, particularly if detached single-family lots are being developed. The Commission reasoned that a degree of compatibility existed between traditional single family detached units when adjacent to detached single family units developed under high density criteria provided that the adjacent high density detached lots are at least 5,000 square feet. The Planning Commission voted unanimously to approve the applicant's petition as follows: . . . . However, no buffer will be required for high density detached lots provided lots equal or exceed 5,000 square feet. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of the modification to the Landscaping Section of the Zoning Ordinance. The following person commented: Ms. Lori Wilson, representing the petitioner, Sanco of wilmington, stated removing the buffering requirement from lots 5,000 square feet or larger will reduce the cost of providing affordable housing to the community. She respectfully requested approval of the proposed Text Amendment as recommended by the Planning commission. . Chairman Retchin asked if anyone from the general public would like to speak in opposition to the modification of the Landscaping Section of the Zoning Ordinance. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Greer to approve the modification to the Landscaping Section of the Zoning Ordinance as recommended by the Planning commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. -~ ( MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 656 A copy of the Text Amendment to the Zoning Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 21. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE ZONING ORDINANCE TO EXEMPT THE APPLICATION OF SLUDGE AS A SOIL AMENDMENT ON PROPERTY USED AS A BONA FIDE FARM OR FORESTRY OPERATION (A-222, 8/91) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, stated this item was first presented to the Planning commission on August 1, 1991. After a lengthy discussion that focused on the impact of sludge applications on surrounding land uses, particularly residential areas where the odor could create a problem, the Planning Commission requested Staff to obtain more information from the state permitting agency. After holding a Special Meeting on August 21, 1991, with a presentation by Ed Beck, an Environmental Engineer with the State, the item was rescheduled to be heard by the Planning commission on September 5, 1991. At that time, the Commission voted unanimously to approve the proposed Text Amendment. After review by the County Attorney, it was determined that the land disposal of sludge is not applicable to real property used as a "bona fide" farm operation. Since the County Zoning Ordinance requires a Special Use Permit for all forms of sludge disposal in the R-15 Residential District, it is necessary to amend the ordinance to accommodate the Attorney's determination. State regulations governing this use will still apply. To accomplish this, the following text amendment is proposed: Amend Section 72-33 Septage and Sludge Disposal by adding the following sentence: . . . The application of sludge as a soil nutrient on real property used as a bona fide farm or a bona fide forestry operation shall be exempt from these zoning requirements. Note: Staff included the forestry reference because sludge application has been used with success in other areas and because it appears to be a practical extension of the use of sludge as a fertilizer and growth enhancer. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. The following person commented: Dr. William Sisson, representing the Concerned citizens of New Hanover County, expressed concern for the following items: (1) definitions for the terms "bona fide farm" and "bona fide forestry" and recommended that complete and comprehensive definitions be provided in the Text Amendment; and (2) exemption of this use from the special use process. Vice-Chairman Mathews requested Dr. Sisson to present his proposals and/or solutions? Dr. Sisson urged the County to retain its special use jurisdiction over sludge applications in order for the County to control the location of sites and obtain the necessary information from sludge application firms to ensure the safety of the materials being applied as well as proper monitoring of the sites. He also expressed concern for well defined meanings to the terms, "bona fide farm" or "forestry operation" before adoption of the proposed text change. Commissioner Barfield state'd in the Rock Hill area of the County where sludge is being dumped in agriculture fields, persons living in the Walnut Hill Subdivision have received a devastating impact. I ~ () o () _'l>J,i i~~ ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 657 ~' "'" ... 'i ;'i;. .t~; . .Motion: After discussion of a need for more County control to ensure the quality of materials being applied, Commissioner Greer MOVED, SECONDED by Commissioner Sutton to allow the use to remain under the special use process and deny the proposed Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin convened from Regular Session for a break from 9:01 o'clock P.M. until 9:10 o'clock P.M. . 't ~ .PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT ESTABLISHING "VESTED DEVELOPMENT RIGHTS" PURSUANT TO NEW STATE LAWS EFFECTIVE OCTOBER 1, 1991 (A-224, 9/91) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, stated the proposed Text Amendment was necessitated by recent revisions to the State Statutes which require establishing vesting development rights for projects that require notice and a public hearing. After reviewing the Text Amendment, the Planning Commission voted unanimously to recommend approval of following text changes: AMEND DEFINITIONS, SECTION 23 as follows: ADD: site Specific Development Plan: A land development plan approved by the County Commissioners following notice and public hearing which describes with reasonable certainty the type and intensity of land use for a specific parcel or parcels. site specific development plans include special use permits, condi tional use permits, and shopping center districts. I. ADD: Section 23-95 - Zoninq Vested Riqhts: The right pursuant to G.S. 153A-344.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. The duration of vesting shall not exceed two years unless expressly provided for by the County. AMEND: SUPPLEMENTARY DISTRICT REGULATIONS as follows: ADD: vestinq Riqhts: Any site specific development plan approved by the County pursuant to this Ordinance shall terminate as follows: (a) at the end of the applicable vesting period respect to buildings and uses for which no building permit applications have been filed. with valid (b) with the written consent of the affected landowner: ;. (c) Following recommendations by the Planning Commission and upon findings by the County Commissioners, by ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan; (d) Upon paYment to the affected landowners of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all archi tectural, planning, marketing, legal, and other consultant's fees incurred after approval by the County, together wi th interest thereon at the legal rate until paid. compensation shall not include any diminution in the value of the property which is caused by such action; (e) Following and upon recommendations of the Planning Commission findings by the County Commissioners, by ~ ( MINUTES OF REGULAR MEETING, O€TOBER 7, 1991 Page 658 ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or (f) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing. MODIFY: CONDITIONAL USE DISTRICT SECTION 59.7-6: Enforcement (1) Failure to Proceed in a Timelv Manner: If within twenty-four (24) months.... (Note: It was eighteen (18) months.) MODIFY: SPECIAL USE PERMITS SECTION 70-1(4):....A Special Use Permit issued by the Board of Commissioners shall become null and void if construction or occupancy of the proposed use as specified in the Special Use Permit is not commenced within twenty-four (24) months of the date of issuance... (Note: It was twelve (12 months.) 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. Chairman Retchin inquired as to why this regulation is not required in planned unit development? Planning Director Hayes stated a master plan of the concept for the project is prepared for planned unit development with actual plans being submitted as phases are developed; therefore, PD districts would not qualify under the listed definitions. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sutton to adopt the Text Amendment establishing "vested development rights" pursuant to new State laws to become effective October 1, 1991, as presented by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Text Amendment to the zoning Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 21. ADOPTION OF RESOLUTION AWARDING BID #92-0151 TO RITCHIE BROTHERS AUCTIONEERS, INTERNATIONAL FOR PURCHASE OF TELESCOPING ROUGH TERRAIN FORKLIFT - WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, stated the Waste-to-Energy Facility leased a forklift from Badger R. Bazen Rental Company until the company went out of business in the spring of 1991. Ritchie Brothers Auctioneers, International purchased the equipment from Badger R. Bazen and approached the County about acquisition of the forklift. On September 11, 1991, a formal bid opening was held for a used forklift. The sole bidder was Ritchie Brothers Auctioneers with a bid of $27,000 for one used Telescoping Rough Terrain Forklift. Director Church requested the Board to award' the bid to Ri tchie Brothers Auctioneers; authorize the use of funds from the Equipment Rental account in the amount of $10,000; and authorize the use of funds in the Capital Outlay Equipment account in the amount of $17,000 for purchase of the used forklift. Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution awarding the bid to the only responsible bidder, Ritchie Brothers Auctioneers, o o {\ \ t "'-/ -.~. ...._~''l'~~~.,.. !';:~lt~ : !'~~t~' MINUTES OF REGULAR MEETING, ocroBER 7, 1991 ~ ,.-\ ~_.~ ~ Page 659 International, in the amount of $27,000 and to authorize utilization of funds from the Equipment Rental account in the amount of $10,000 and from the Capital Outlay Equipment account in the amount of $17,000 for purchase of the forklift. 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 XIX, Page 21. APPROVAL OF CHANGE ORDER #ENG-90-0109-02 TO CONTRACT #ENG-90-0109 WITH DICKERSON CAROLINA, INC. - NEW HANOVER COUNTY LANDFILL Director of Environmental Management, Ray Church, stated the proposed change order in the amount of $27,550.09 is due to changes that were necessary during the closure of Cell #2. The primary changes were as follows: (1) additional repairs to the existing liner to ensure a secure seal between the top and bottom liners; (2) one vertical well was eliminated as the Engineer determined it was not needed; (3) the construction of the spillways was changed from stone rip rap to fabriform to provide better protection of the liner system; and (4) additional geonet and geotextile were required to provide adequate material to the anchor material. Staff recommends approval of the change order to Dickerson Carolina, Inc. as presented. . Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Greer to approve the change order in the amount of $27,550.09 as presented by the Director of Environmental Management. The Chairman was authorized to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CHANGE ORDERS #STE-90-0011-02 & 03 TO CONTRACT #STE-90 -0011 WITH ELDECO, INC. - WASTE-TO-ENERGY FACILITY Dr. Stanton M. Peters, the consulting engineer, stated the proposed change orders are for electrical work for items that were not included in the contract with Eldeco, Inc. . The following change orders were presented: Change Order #90-0011-02 . Furnish & Install Battery and Battery Charger Provide Electrical Feed to AC-1 & AC-2 Provide UPS Feeds to all three Forney Cabinets Provide Electrical Feeds for EF-13 & EG-17 Add Control Relays to Acid & Caustic Pumps Revised Feeds for ELP-3 Add'l Wires from Old Control Room to DCS Install Gas Burner Panel Add'l Electrical Feeds for Acid & Caustic Pumps Add'l Ground For DCS Rewire Fly Ash Conveyor Add'l Cables for the Forney System HOA Switch for the CBD/IBD Control Panel 480 Volt Power Supply for Fan Dampers Motion Failure Alarms/Sensing Probes for Conveyor Rework Conduit at Conveyor Opening Motor Heaters for Alternator Controllers Repair Conveyor Wiring Power Supply for Hydraulic Cabinet Boilout Overtime Conveyor Stop/Locks Wire for Soot Blowers Add'l Work on Air Compressors Credit for Installation of Transformer & Cable Replace Cable & Conduit Torn Out by Backhoe TOTAL Change Order #90-0011-03 Dump Valves Power Feed for Sump Pump at Tipping Floor Changing Generator Current Transformers Transformer Power Supply $ 5,000.00 905.64 1,142.00 1,064.80 323.00 1,768.43 3,838.01 883.69 738.84 379.48 658.19 2,357.17 203.07 783.48 15,686.04 150.31 622.21 288.79 428.17 110.26 1,095.43 280.53 866.10 (-5,874.00) 6.814.97 $40.514.61 $ 658.10 1,033.36 68.13 517.63 ~ ( MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 660 Programmable Controller Generator Grounding Addition of Level Control to CBD/IBD Tank Pull control wire from Turbine Generator #1 Skip Hoist Control Panel Change site Lighting Wire size TOTAL 2,457.80 811. 55 1,526.92 3,064.07 476.90 1.738.42 $12.352.88 COnimissioner Barfield inquired as to whether the work has been performed on the items listed. Dr. Peters stated the work has been performed and completed. () commissioner Barfield strongly objected to presenting change orders in this amount for work that has already been performed. A lengthy discussion was held on the items listed and the percentage of change orders on the project. Commissioner Barfield inquired as to whether the change orders are for the new facility or the old facility? Dr. Peters stated the change orders are for the new facility. Further discussion was held on the design of the system and fast tracking the proj ect. Vice-Chairman Mathews commented on Item #1 and requested an explanation of the $5,000 which indicated that the original documents were not clear. Dr. Peters stated the contractor felt the documents were ambiguous, which in his opinion were not; however, he would accept the blame for this error and stated the price of $7,700 has been negotiated down to $5,000. commissioner Sutton stated when a project is fast tracked, these types of change orders develop because the entire set of plans is not drawn and bid at the beginning of the project. Dr. Peters stated this type of project does have more change orders, but money is saved and as of this date the project is going to be completed at the projected budget figure. () Chairman Retchin questioned whether the project is a fast track project since the project has been underway for three years; however, he does feel the County has paid much less for this state-of-the-art facility than have other local governments throughout the state and country. Motion: After discussion of the work .Commissioner Sutton MOVED, SECONDED approve Changer Orders #90-0011-02 & 03 the MOTION CARRIED AS FOLLOWS: already being performed, by Chairman Retchin to as presented. Upon vote, voting Aye: Commissioner Greer commissioner Sutton Vice-Chairman Mathews Chairman Retchin Voting Nay: Commissioner Barfield commissioner Barfield stated, for the record, he cannot support additional funds for work that should have been included in the original contract. DEFERRAL OF ACTION ON CONTRACT #92-0178 WITH STANTON M. PETERS & ASSOCIATES, INC. TO PROVIDE CONTINUING ENGINEERING SERVICES AND PLANT OPERATION OVERSIGHT - WASTE-TO-ENERGY FACILITY County Manager O'Neal commented on the proposed contract and stated Staff, the County Attorney, and the Waste-to-Energy Advisory Task Force have reviewed the contract and feel this service is absolutely necessary. He stated the Director of Environmental Management will be glad to answer any questions. () Director of Environmental Management, Ray Church, stated Stanton M. Peters & Associates, Inc. has been requested to offer a proposal and scope of services to provide continuing engineering services and plant operation/maintenance oversight. The following scope of services would be provided by Stanton M. . . . , '- ...~ -Fk:,"~' ~"> ~r,'l" ;." , . '-, ~ MINUTES OF REGULAR MEETING, ocroBER 7, 1991 Page 661 t~i.t~f ' "~~ Peters & Associates, Inc. to the County for six months at a cost of $30,000 plus expenses with an option for monthly renewal at $5,000 per month plus expenses: SCOPE OF SERVICES MONITOR PLANT OPERATION: 1.1 visit the plant to audit the operations and assist plant operation personnel in the correct operation of the plant. Initially, visits will occur every two weeks. After the operation has stabilized, the visits will be monthly. 1.2 Work with the plant manager to update the plant's operating procedures and to establish upset procedures and contingency planning. 1. 3 Monitor the operating logs and reports generated from the plant's operation to assist the Department of Environmental Management in ensuring that the plant is operated in compliance with all the operating permits. MONITOR PLANT MAINTENANCE: 2.1 Monitor the plant proper maintenance systems. maintenance operations to ensure practices for all equipment and 2.2 Maintain a complete duplicate copy of the Datastream maintenance software system in order to be able to assist the County in ensuring that adequate maintenance management practices are being made. 2.3 Maintain a complete set of 0 & M manuals of the plant with necessary updates. Issue periodic updates and corrections to the plant. 2.4 Maintain copies of the software for all the programmable logic controllers (PLC) employed in the plant, and assist the plant technicians in making changes when necessary to improve the operation of the facility. 2.5 Maintain all programs and controlling settings for the Distributed Control System (DCS) and assist the plant technicians in updating and maintaining the system. 2.6 Assist the plant management in maintenance planning and the upgrading and replacement of various systems in the facility. TRAINING: 3.1 The plant manager, assistant plant manager, shift supervisors, and operators will be required by EPA to be certified operators of Municipal Solid Waste incineration plants by January 1, 1993. The certification examination is being prepared by the ASME Solid Waste Division of which Dr. Peters is a committee member. 3.1.1 Stanton M. Peters & Associates will work with the County to establish a training program to enhance the ability of the plant personnel in obtaining this certification. 3.2 Assist the County in establishing an on-going training program for operation and maintenance personnel. -~ ( I l MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 662 REPORTING 4.1 A monthly status report in letter form will be issued on the plant operation. 4.2 A monthly status report in letter form will be issued on the maintenance program. 4.3 A comprehensive report covering all aspects of the facility operation will be produced at the end of the six-month contract period. This report will include sections on the operation, permit compliance, maintenance, general and specific condition of the facility, performance of the operating personnel, and budget recommendations for the facility. () PROJECTIONS AND RECOMMENDATIONS 5.1 Projections for the next year will be produced at the end of the six-month contract period. 5.2 Recommendation for operational changes in the facility will be formulated and submitted. DESIGN SERVICES 6.1 Design services as agreed upon and as required will be performed for plant additions and modifications. commissioner Barfield inquired as to when the Waste-to-Energy Advisory Task Force will present recommendations for effectively and efficiently operating the plant. He expressed concern for no qualified personnel to run and operate the plant and strongly opposed having to continue to disburse additional funds for this type of training. () County Manager 0 'Neal stated the recommendation from the Advisory Task Force will be presented within the next two months. commissioner Greer expressed concern for approving the proposed contract with Dr. Peters without completion of the current contract. He recommended deferral of this contract until the project has been completed. Dr. Peters stated he is in the process of completing the current contract. The operators have received 6-8 weeks of training; maintenance personnel have been administered training on the various systems; acceptance tests on the major systems have been documented; the boiler stoker will burn 250 tons of waste per day and produce 70,000 lbs. of steam per hour; the new boiler will run for six months wi thout maintenance; a representati ve from Volund will work in the control room with maintenance personnel for 30 days to ensure proper cleaning of the stoker and setting of controls; and 30 to 40 instruction manuals defining the equipment have been compiled into two volumes. commissioner Barfield inquired as to whether subcontractors will have to be paid to repair equipment if the equipment fails? Dr. Peters stated if the equipment fails with no fault of the operator, the company will repair the item free of charge; however, if an item is damaged through error, the County will have to pay for the repair. o Chairman Retchin inquired as to whether a maintenance schedule has been prepared. Dr. Peters stated this schedule is in the process of being prepared, but due to bookkeeping work not being complete, the schedule is not finished. Further discussion was held on the compilation of a maintenance schedule. Chairman Retchin stated the scope of services provided by stanton M. Peters & Associates, Inc. ,~. 1"",:~l-' ,li ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 663 , ",~f "";jf.. ~ -1{; ~ specifically stated that a manual would be compiled listing maintenance schedules. Director Church stated the maintenance schedule information has been prepared by Dr. Peters; however, this information has not been entered into the computer due to just recently filling a data entry position. Dr. Peters stated the schedule as referenced by Chairman Retchin has been provided and suggested that he visit the plant to see how this data has been compiled. . commissioner sutton inquired as to what other items are to be finished before the plant is completed? Dr. Peters listed the following items: (1) the air pollution control equipment has been tested and, hopefully, the resul ts will be returned shortly; (2) the continuous emission monitoring system has been running for 2-3 months and checked by the manufacturer with some computer software to be entered into the system; (3) punch list items from the electrical contractor should be finished this week; (4) roof items should be finished within the next two weeks; (5) two computers must be connected into the instrumentation and control system by Forney; (6) the mechanical contract is completed; and (7) the major equipment is running. Commissioner sutton inquired as to the percentage of payment to stanton M. Peters & Associates, Inc.? Director Church stated approximately 99% of the contract with stanton M. Peters & Associates, Inc. has been paid. . vice-Chairman Mathews commented on reasonable expenses and inquired as to what expenses would be paid. Dr. Peters stated reimbursement for out-of-pocket expenses would be billed to the County. Director Church stated the primary purpose for continuing the services of Dr. Peters is to assist staff and operators to completely understand the different systems and manuals of operation. He emphasized the importance of having an expert available to assist with many unknowns that may occur during the initial period of operation. Commissioner Barfield strongly disagreed with this procedure and stated a consultant should never leave a proj ect of this complexi ty without having a trained person to remain on site until the operators have been trained. He stated this service should be provided by the consultant with no additional charge. A lengthy discussion was held on the need for additional training of staff and operators at the Waste-to-Energy Facility. County Manager 0' Neal stated in other areas with facilities of this type, it is not uncommon for the designer to have an on-going relationship with the facility in order to provide training through the first year. . commissioner Greer complimented Dr. Peters for bringing the project within the budgeted figure and stated additional training is needed; however, one contract should be completed before entering into another; therefore, he would recommend no action on the proposed contract until a date has been established for completion of the original contract. Dr. Peters stated the contract should be completed wi thin the next month. He stated if the Board desires to hire another consultant, then they should do so, but he strongly recommends providing additional training to employees at the Waste-to-Energy Facility. , Motion: presented. Chairman Retchin MOVED to approve the The floor was opened for discussion. contract as ~ ( MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 664 Vice-Chairman Mathews commented on training and asked Dr. Peters the amount of time needed to train the personnel and staff to feel comfortable with running the Waste-to-Energy Facility. Dr. Peters stated training is an on-going process and it ~s difficult to place a time limit on this item. commissioner sutton stated the Waste-to-Energy Advisory Task Force will be presenting their recommendations shortly which will address the personnel needs for the facility; however, until these procedures can be implemented, an expert is needed at the facility. () Mr. William Funderburg, a resident of 4321 Blue Clay Road, expressed appreciation to County Manager 0' Neal and Assistant County Manager, Dave Weaver, for discussion of concerns about the proposed contract. The following statements were presented: 1. The proposed contract with stanton M. Peters & Associates, Inc. is a direct conflict with the original contract which paid the consultant $2.3 million. The contract is still in force. 2. The proposed contract is ambiguous and mute since it should not preempt the original contract. 3. The Board should consider re-contracting with R. W. Beck & Associates to perform another study to review all contracts involved with the $27 million expansion in order to fully explain the present contract and thirty-two changes orders. 4. Time is of essence since the Board must consider vendor warranties, guarantees, performance bonds, etc.; therefore, the County must know exactly where we stand on the contract with stanton M. Peters & Associates, Inc. () 5. Obtain the services of the Health Director to become involved with hygiene and safety of the new Waste-to-Energy Facility under state hazardous waste permit regulations for the facility. 6. stanton M. Peters & Associates, Inc. are responsible under the $2.3 million contract for all EPA compliance permits for the Waste-to-Energy expansion. Mr. Funderburg commented on miscommunication between Dr. Peters and the County Administrative staff and recommended that a study be performed by R. W. Beck & Associates as soon as possible. Mr. Funderburg commented on the term "fast tracking" a project and expressed concern for the loss of taxpayers' money under this type of procedure. He commented on the bid from Volund for the new boiler, which is a superior piece of equipment, and stated the old boilers should have been scrapped instead of spending money for retro-fits, which costs almost as much as new boilers, which would have met all EPA regulations. He also expressed concern for possible penalties due to noncompliance of air emission regulations since the old boilers do not receive the NOX treatment. () commissioner Sutton stated the Waste-to-Energy Task Force will be recommending performance of a study. Mr. Funderburg commented on the composi tion of the Waste-to-Energy Advisory Task Force and stated many of the members are chief executive officers of plants that have violated ,..., MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 J':,lfi Page 665 EPA air emission and water quality regulations. He cautioned the cost of fines to the taxpayers and requested performance of a study as soon as possible. Motion Amended: After further discussion of the need to complete the original contract, Chairman Retchin MOVED, SECONDED by Commissioner Sutton to complete the existing contract before approving the new contract with Stanton M. Peters & Associates, Inc. The floor was opened for discussion . County Manager 0' Neal recommended presenting the proposed contract at the meeting of November 4, 1991, at which time the Board can better determine the completion date of the existing contract with Stanton M. Peters & Associates, Inc. Motion withdrawn and Consensus: Chairman Retchin withdrew the motion and it was the consensus of the Board to defer action on the proposed contract until the meeting of November 4, 1991. Consensus: After further discussion, it was the consensus of the Board to schedule a Work Session at the Waste-to-Energy Facility for a status report and tour of the expanded plant after the Special Work Session on October 21, 1991. BREAK Chairman Retchin convened from Regular Session for a break from 10:45 o'clock P.M. until 10:57 o'clock P.M. ADDITIONAL ITEMS COUNTY COMMISSIONERS . APPROVAL OF TWO ADDITIONAL BAILIFFS FOR THE COURTS - SHERIFF' S DEPARTMENT County Manager O'Neal presented a letter written to Sheriff Joe McQueen from Chief District Court Judge Charles E. Rice, III requesting five new bailiffs for the Courts by November 4, 1991. He stated Sheriff McQueen is present and would like to address this issue. Sheriff Joe McQueen commented on the letter received and stated the Sheriff's Department has always tried to cooperate with the courts; however, he does not have available manpower to provide five additional bailiffs. Presently, nine courts are operating with nine bailiffs. Superior Court is the largest courtroom with three assigned bailiffs and if necessary, deputies are allowed to work overtime to fulfill the needs of the Superior Court and other courts when additional assistance is needed. Judge Rice is concerned about the interruption of courts when persons are sentenced and the time required for bailiffs to transport these persons back to jail. He is also concerned for utilizing deputies who are not familiar with courtroom proceedings. Discussion was held on the number of bailiffs realistically needed in order to properly operate the courts. Sheriff McQueen stated with the addition of new judges, four additional bailiffs would be sufficient. . Further discussion was held on funds involved with the hiring of four bailiffs. Chairman Retchin asked if two bailiffs will assist in alleviating the problem? Sheriff McQueen stated he would be glad to work with two additional bailiffs, and if this does not resolve the problem, he will requests additional positions. Commissioner Greer commented on the new positions adopted in the FY 1991-92 budget and asked if two of these positions can be used for bailiffs. Sheriff McQueen stated the approved positions are for deputies which are badly needed. Motion: After discussion, Commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to approve funding two additional bailiff positions with the understanding that if more positions are ~ ( ( I i MINUTES OF REGULAR MEETING, OCTOBER 7, 1991 Page 666 needed, the Sheriff will inform the Commissioners. The floor was opened for discussion: commissioner Greer recommended using one of the approved positions in the 1991-92 Budget for a bailiff position and stated he is aware of the Sheriff's need for additional deputies; however, he does not feel the County can continue to increase expenditures during difficult budget and economic times. Upon vote, the MOTION CARRIED AS FOLLOWS: () Voting Aye: Commissioner Barfield Commissioner Sutton Vice-Chairman Mathews Chairman Retchin Voting Nay: Commissioner Greer DISCUSSION OF REQUESTING PROPOSALS FROM BILLING AGENCIES FOR COLLECTION OF EMS SERVICES Commissioner Sutton commented on being in the process of securing a provider number from Blue Cross/Blue Shield and requested authorization for Staff to request proposals from billing agencies to collect for EMS services rendered. Consensus: After discussion, it was the consensus of the Board to request the County Manager to investigate this alternative. ADJOURNMENT Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 11:20 o'clock P.M. () ~ect~ ~ ~kF. Harrell Clerk to the Board ("\ " )