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1992-02-03 Regular Meeting ~ MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 792 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 3, 1992, at 6:45 P.M. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. . Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all p'ersons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Wayne Barkley, Pastor of New Life Church, gave the invocation. Scout Troop #255 led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Mathews 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. No items or comments were received. APPROVAL OF CONSENT AGENDA . Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of January 6, 1992, and Budget Work Session of January 10, 1992, as presented by the Clerk to the Board. Approval for Disposal of Jury Cards The Commissioners approved the disposal of jury cards for the year 1988 in accordance with provisions under Chapter 9 of the North Carolina Statutes as requested by the Register of Deeds. Approval of Maintenance Agreement with Biomedical Alternatives of virginia, Inc. for Cardiac Care Equipment- EMS The Commissioners approved an agreement with Biomedical Alternatives of Virginia, Inc. for maintenance of Cardiac Care Equipment and authorized the County Manager to execute the agreement. The renewal agreement reflects a $540 decrease. . A copy of the agreement is on file in the Legal Department. Adoption of Resolution Awarding Bid #92-0245 to Carolina Coast Harley-Davidson for Purchase of Motorcycles and Approval of Budget Amendment #92-0113 - Sheriff's Department The Commissioners awarded the low bid to Carolina Coast Harley~Davidson for purchase of three (3) 1992 Motorcycles for the Sheriff's Department in the amount of $20,985; authorized the Chairman to execute the contract documents; and approved the following Budget Amendment: 92-0113 Sheriff's Dept./Federal Forfeited Property Debit Credit Sheriff Dept./Federal Forfeited Property Federal Forfeited Property $22,000 ~ ( MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 7.9.3. Motor Vehicle Purchases $22,000 Purpose: To budget federally forfeited revenue for purchase of motorcycles for the Sheriff's Department. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. Approval of Addendum to Retirement Incentive Downsizing Pla<n, - Department of Human Resources The Commissioners approved an addendum to the Retirement Incentive Package of the Downsizing Plan to compensate four individuals who chose to retire on January 1, 1992, based upon information that did not prove to be correct. The addendum authorizes payment of the difference between the estimated payment and the actual payment to be paid to these individuals on a monthly basis for the duration of their lives at an annual cost of $1,539. The payment is not transferable to beneficiaries. Budget Amendment #92-0107 Reported for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: #92-0107 Non-Departmental and outside Agencies - Human Services Debit Credit Non-Departmental Contingency $397 outside Aqencies - Human Services Child Advocacy Commission $397 Purpose: To budget funds approved on December 16, 1991, for the purpose of paying 1991 real property taxes due to the County on real property owned by the Child Advocacy Commission on Greenfield Street. Approval of Budget Amendment #92-0112 - Museum Expansion The Commissioners approved the following Budget Amendment: #92-0112 Museum Expansion capital project Debit Credit Museum Expansion Capital proiect contributions $4,000 Contingency $4,000 Purpose: To budget a contribution received for the Museum Expansion Capital Project. CONVEYANCE OF SURPLUS PROPERTY OWNED JOINTLY BY THE CITY AND COUNTY TO CAPE FEAR HABITAT FOR HUMANITY County Manager O'Neal presented a request by Cape Fear Habitat for Humanity for conveyance of the county's portion of tax foreclosed property jointly owned by the City and County located at 621 South Eighth Street. The property will be used for construction of a home for a low income family. Once construction is completed, the property will be returned to the tax rolls. Mr. Larry Sneeden, a member of Cape Fear Habitat for Humanity, commented on volunteers who so willingly give of their skills to construct homes for persons in need of housing, and requested approval of the property conveyance. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convey the County's portion of surplus property located at 621 South Eighth Street (Tax Parcel #5409-009-12) to Cape Fear Habitat for Humanity through private negotiation with the County ~ f'\ \,~ C) () ,". -{~ .'. "I\~'l /~, ~"~;' ,.~ ; ~ r.. ;:~: ~l' ,. MINUTES OF REGULAR MEETING,' FEBRUARY 3, 1992 PAGE 794 Attorney handling the necessary legal procedures. Upon vote, the MOTION CARRIED UNANIMOUSLY. . ADOPTION OF AMENDMENTS TO MBE/WBE POLICY Assistant to the County Manager, Pat Melvin, presented the following amendments to the MBE/WBE policy in an effort to deter bid shopping and ensure that subcontractors are paid for work performed: 1. Chanqes in Forms to be Submitted bv the Prime Contractor: The number of forms has been reduced from six to three in an effort to reduce paper work and deter bid shopping among non- minority as well as minority firms. When a contractor is submitting a proposal, the following forms must be returned along with the bid documents: -Form MBE/EEO-5, Report of Participating Subcontractors, will list and provide information concerning all subcontractors/sub-trade contractors when awarding a bid to a single prime contractor. -certification of Competitive Bids: This document requires the signature of the contractor showing that two bids have been solicited from prospective subcontractors and/or suppliers on the project. . -Form MBE/EEO-7: This form requires the prime contractor to submit information concerning contacts made with all subcontractors, rather than just minorities and women. The prime contractor must list all subcontractors showing the date of contact, whether minority or woman owned, responses given, and whether dollar prices were quoted. The forms will allow the County to more accurately monitor the MBE/WBE Policy to see if the County is meeting its MBE goals and maximizing opportunities for minorities and women business enterprises. commissioner Sutton inquired as to whether some provision has been established when the subcontractor is not able to move forward with the signing of the contract. Assistant to the County Manager, Pat Melvin, stated if the subcontractor is not able to fulfill his/her proposed agreement, the prime contractor will be allowed an opportunity to replace that subcontractor with another contractor. If that subcontractor is a minority woman business owner, the subcontractor will have to be replaced with another minority woman business owner. Motion: After discussion of the importance of deterring bid shopping and maximizing opportunities to minority and women business enterprises, commissioner Retchin MOVED, SECONDED by Vice- Chairman Greer to approve the change in forms submitted by the prime contractor as presented by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. . 2. Subcontractor Lien Waiver Affidavit: The purpose of the Lien Waiver Affidavit is to assure the County that sub~ontracto~s have been paid for work performed on the project. After review of the AIA and City of Wilmington lien waiver forms, Staff recommends usage of the form as presented. commissioner Barfield commented on the standard lien waiver affidavit and inquired "as to whether the proposed lien waiver affidavit is as stringent. County Attorney Pope stated the proposed lien waiver affidavit is more stringent because of the mandate that subcontractors are required to state whether or not they have been paid. ~ ( , MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 795 Commissioner Sutton recommended having both contractors and subcontractors to execute the document before a notary. After further discussion, County Attorney Pope recommended preparing the lien waiver affidavit to require notarized signatures and sworn information. commissioner Barfield recommended information being forwarded to subcontractors in the bid package informing them of their rights before award of the bid. Motion: After further discussion, commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the lien waiver affidavit as presented contingent upon establishing a policy that will require the subcontractor to appear before a notary in a county office with a County official being responsible for advising the subcontractor of his rights at the time of execution. The County Attorney is to determine what office would be appropriate and other necessary logistics for implementation of the requirement. Upon vote, to the MOTION CARRIED UNANIMOUSLY. 3. Procedures for Evaluatinq Contractors by Ordinance: The Prequalification Ordinance is the result of an act passed by the General Assembly on May 27, 1991, allowing the Board of County Commissioners and the City of Wilmington to provide procedures for evaluating work performed by construction contractors on capital improvements projects. Contractors bidding on a project will be required to fill out the following forms: (1) a New Hanover County Pre-qualification Reference form ~urnishing information about the company, work references, and other data to enable the County to determine the contractor's ability to perform the work required; and (2) an AIA form, entitled "Contractors Qualification Statement" covering areas to be considered other than those outlined in the County forms. The ordinance provides pre-qualifying standards setting forth a list of 12 items that can be considered as cause for justifying disqualification of a contractor from bidding on a county construction project. Prior to the formal request for proposals by the County, contractors disqualified from bidding, may appeal to the County Manager as a result of the information furnished by the contractor. The ordinance will become a part of the bid package. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton for adoption of the Prequalification Ordinance for evaluation of contractors as pre~ented by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. The ordinance will be codified into the County Code. AUTHORIZATION TO FILE AN APPLICATION FOR SECTION 18 FUNDING WITH THE N. C. DEPARTMENT OF TRANSPORTATION FOR PURCHASE OF VANS TO BE USED BY THE NEW HANOVER COUNTY CONSOLIDATED TRANSPORTATION SYSTEM Director of Aging and Chairperson of the Transportation Advisory Board, Annette Crumpton, presented a status report on the Consolidated Transportation System and requested authorization to file an application for Section 18 funding to purchase three (3) vans for transporting elderly and disabled County residents. The number of vans to be purchased is consistent with the Transportation Development Plan adopted by the Board of Commissioners on December 19, 1988. The funding request was presented as follows: Total Amount: Federal Share: State Share: County Share: $80,824 $47.010 $15,670 $18,144* ~ () () ,n .....,: ,... ';~tJi\/'~ 1.-;,;"-1;;1' ~ :J~1~:te~ - -~. !.~ MiNUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 796 *County Share includes excise taxes, tags and registration, which must be paid for by the County without federal or state assistance. Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer to approve filing of an application for 1992-93 section 18 grant funds for the purchase of three (3) vans. Upon vote, the MOTION CARRIED UNANIMOUSLY. . PRESENTATION BY FORT FISHER AQUARIUM SUPPORT COMMITTEE Mr. Walter Hickey, Chairman of the Fort Fisher Aquarium Support Committee, commented on the purpose of the committee and the need to support the Fort Fisher Aquarium. He expressed concern for the proposed facility in Wilmington, particularly with the amount of funds needed to construct and maintain an aquarium of this type ,and requested the Commissioners to support the Fort Fisher Aquarium and oppose construction of a new facility. commissioner Sutton expressed concern for drawing any co~clusions until the study has been completed. commissioner Retchin stated it would be difficult for him to believe that the results of the study will be a positive report for constructing a world-class aquarium in downtown Wilmington; however, due to the severe beach erosion at the Ft. Fisher Aquarium, he feels the Committee should focus on obtaining funds for the Ft. Fisher revetment project. . Carolina Beach Council Member, Sheila Davis, commented on the need for a County Commissioner to serve on the Fort Fisher Aquarium Support Committee, regardless of endorsement or opposition to the proposed aquarium, and emphasized the importance of preserving this historic site. After discussion, Commissioner Retchin volunteered to serve on the Committee and stated he would attend the meeting scheduled for February 10, 1992. POSTPONEMENT OF ESTABLISHING A NON-PROFIT CORPORATION TO MANAGE AND OPERATE THE WASTE-TO-ENERGY FACILITY County Attorney Pope requested postponing this item until the meeting of February 17, 1992, in order to further discuss the proposed formation of the non-profit corporation with Bond Counsel. Consensus: It was the consensus of the Board to postpone this item until the meeting of February 17, 1992. APPOINTMENT OF MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE NON-PROFIT CORPORATION TO OPERATE AND MANAGE THE WASTE-TO-ENERGY FACILITY Commissioner Sutton recommended increasing the number of members. Motion: After discussion, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to appoint 16 members to the WTE Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Motion: After nominations by each County Commissioner, the following persons were appointed to serve on the WTE Board of Directors by a majority vote: County Gommissioner: William H. Sutton Council Members: Mayor Don Betz, City of Wilmington John Sherrill, Wrightsville Beach Board of Aldermen Charles Gilbert Jones, Carolina Beach Town Council Mayor Jack Foster, Kure Beach Town Council ~ ( MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 79.7 Ex-officio Member: Assistant County Manager/Director of Environmental Management At-Large Members: Charles Agnoff R. B. Brown Bob Pace Gene Renzaglia James B. Wright s. Keith Cooper Phyllis W. Jackson R. Daniel Latta Chester D. Rudolf Charles Wall () ~RESENTATION OF PROPOSAL FOR NEW HANOVER REGIONAL MEDICAL CENTER TO BECOME A PUBLIC HOSPITAL AUTHORITY Ch~irman Mathews expressed appreciation to the members of the Hospital Board of Trustees for appearing before the County Commissioners to present the proposal and stated the Board has decided to defer action until scheduling a Work Session to further discuss this topic. He emphasized the importance of thoroughly analyzing the benefits of a public hospital authority to ensure that this form of operation is in the best interest of the public health and welfare of our citizens. Mr. Lewis T. Nunnelee III, Chairman of New Hanover Regional Medical. Center Board of Trustees, expressed appreciation for discussion of this item on such short notice and stated the purpose of the proposed hospital authority is to provide everyone, regardless of whether they can or cannot pay, quality health care. He requested Mr. David Plate, President of New Hanover Regional Medical Center to present the proposal. Mr. Plate commented on the high quality of medical care provided by New Hanover Regional Medical Center and stated in order to continue to provide the current level of care and move forward, the Hospital Board of Trustees would like to present their reasons for requesting the Medical Center to become a public hospital authority. () The following facts and figures were presented: 1. primary Rationale: To reduce the increasing rate of health care costs by one to three million dollars a year. 2. Purpose of Hospital Authority: To provide an alternate method for counties and cities to provide hospital, medical and health care to all citizens, including low income persons. 3. Proposed organization: Presently the Board of County Commissioners appoints members to the Hospital Board of Trustees. Under an authority, the Chairman of the Board of County Commissioners would appoint members to the Authority. 4. Major Issues: (1) Medical Center ownership remains with the County; (2) The Medical Center will now finance its facilities and equipment; (3) The Medical Center will assume the County's general obligation bond indebtedness of $3,760,000 and annual debt service of $697,308 freeing funds to be used for other County needs; (4) The Medical Center's capital needs will not clutter up the County's ability to borrow money; (5) decreased duplicative effort by the County and Medical Center on all of the Center's installment contracts; (6) Leasehold restrictions will give County needed controls over the Authority; (7) the Medical Center lease with the County will extend beyond 5 years to legally accommodate future financing; (8) it is recommended that the Medical Center become a Hospital Authority Board with unchanged physician representation; (9) the County will continue to appoint Hospital Authority Board members; (10) The Medical Center Authority status and trustee appointments are subject to'recall; and (11) Purchasing flexibility allows the Medical Center to buy more locally. () ~ ~ fi;~'F~/ .- MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 798 5. Financial Benefits: (1) Increase Medical Center investment options will annually provide increased non-operating revenue; (2) estimated 10%-15% savings on all major construction through more f'lexible prime vendor arrangements; and (3) the Medical Center tax exempt status is strengthened. Figures were presented on the cost savings. . 6. Effect of Authority Status on Health Care Costs: Charts were presented on investment fund depreciation and bidding criteria reflecting the amount of money saved annually as well as the average savings per patient. Also, charts were presented showing changes under a hospital authority versus the current operation of the hospital. Emphasis was placed on the fact that indigent care will not be changed. In summary, the Hospital Authorities Act of North Carolina was enacted to enable public hospitals to operate in an efficient manner by strengthening the ability to control costs and function more economically; create a more precise indigent care stipulation; and make construction and purchasing requirements more flexible. Also, the Medical Center will assume the County's general obligation bond indebtedness, and the ownership will remain with the people of New Hanover County. 7. Action Requested by the Hospital Board of Trustees: Adoption of a resolution by the Board of County Commissioners to create a Hospital Authority. . Discussion was held on scheduling a Work Session for the County Commissioners before meeting jointly with the Hospital Board of Trustees. County Manager 0' Neal stated the agenda for the meeting of February 17, 1992, is short; therefore, the Board may wish to consider discussing this issue at the Work Session scheduled for 1:00 P.M. Consensus: After further discussion, it was the consensus of the Board to hold a Work Session on February 17, 1992, for the Board of County Commissioners to discuss this issue with the County Attorney before scheduling a joint meeting with the Hospital Board of Trustees. BREAK Chairman Mathews called for a break from 8:35 P.M. until 8:48 P.M. ADOPTION OF POLICY STATEMENT FOR ESTABLISHING A BUILDING COMMITTEE TO OVERSEE COUNTY BUILDING PROJECTS County Manager O'Neal presented the following policy statement for establishing a Building Committee: POLICY STATEMENT It shall be the policy of the New Hanover County Board of Commissioners to appoint a Building Committee for the purpose of providing direction and overseeing construction projects approved and funded by the New Hanover County Board of Commissioners. . The Committee shall convene after a project is funded and meet as necessary with appropriate County staff to review architectural proposals, review designs, and change orders. Recommendations will be prepared and presented to the Board of County Commissioners. The Building Committee shall be composed of individuals with expertise in the following categories: 1. Building Contractor 2. Engineer 3. Architect 4. Banker 5. citizen at-large 6. County Commissioner ~ ( MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 799 Vice-Chairman Greer expressed concern for restricting appointments to five categories and recommended appointment of more than one qualified applicants to a category, particularly, when no applications are received for a specific category and other applicants are highly qualified. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve establishment of a Building Committee as recommended with involvement of the committee at the onset of a project. The Clerk to the Board was requested to advertise. Upon vote, the MOTION CARRIED UNANIMOUSLY. f) ADOPTION OF RESOLUTION OF INTENT TO SCHEDULE A PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF AN UNIMPROVED RIGHT-OF-WAY ON THE WEST SIDE OF BALD EAGLE LANE Planning Director, Dexter Hayes, stated the petitioner and several residents of Bald Eagle Lane have requested holding a Public Hearing to close a 20 foot dedicated, unimproved right-of- way on the west side of Bald Eagle Lane abutting Porters Neck Plantation. The closure is requested due to potential vehicular, pedestrian and bike traffic from Porters Neck Plantation down to the Intracoastal Waterway. As shown on the map, the unnamed road could eventually serve as a pedestrian access for residents of Porters Neck Plantation to the Intracoastal Waterway. Other areas to the north and south will provide boat/pedestrian access ramps, which can be shared by Porters Neck residents and Bald Eagle Lane residents. Residents strongly feel that potential traffic could reduce the serenity and privacy of the area. Motion: After discussion, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to adopt the Resolution of Intent to hold a Public Hearing on March 4, 1992, to consider closing a portion of an unimproved road on the west side of Bald Eagle Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Entent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. f) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR DEFINITION OF "CEMETERY" (A-227, 1/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, presented background information on the request by the Commissioners for defining cemeteries and establishing a special use permit criteria for their location and general design. The Planning Commission debated the issue and chose to define "cemetery" in a way that would require all burials, including single grave sites, to obtain a special use permit when necessary. The Planning Commission voted unanimously to define cemeteries as follows: Add 23-97 Cemetery - Parcel of land used for the permanent internment of one (1) or more dead human bodies and uses customarily incidental to the operation of a cemetery. Due to no specific criteria for the review of cemeteries in residential districts, the Planning Staff presented the following recommendations to the Planning Commission: f) Add 23-97 Cemetery: Land or buildings used for the permanent internment of one (1) or more dead human bodies or cremated remains of human bodies in addition to any accessory buildings and uses customarily incidental to the operation of a cemetery. Revise 72-2 Cemetery to read: Cemetery - A cemetery is permitted ~ '..p.""" ..~~~~~. ',' \ !_. ~ ~,,;~~;, ~.f~~- MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 800 in any Residential District and the Planned Development District provided: 1. The cemetery has direct access to an existing public or private street built to minimum N. C. Department of Transportation standards. . 2. A minimum of two acres shall be required for private \ cemeteries. Commercial-grade cemeteries must comply with the provisions of the North Carolina Cemetery Act. 3. All cemeteries must be enclosed by chain link or other type of security fencing at least four feet in height. 4. A buffer shall be required when the cemetery is adjacent to residential use and/or platted residential lots. 5. All accessory buildings, above ground crypts, mausoleums and similar structures must be set back a minimum of 35 feet from all peripheral property lines of the tract on which they are located. 6. Burial Depth ~ In no case shall the top of the buried casket be less than three feet from the finished grade of the land, or within one foot of the high water table. . Planning Director Hayes stated the Planning Commission felt the performance criteria recommended by the Planning staff would confuse the review process and in some cases not be practical for establishment of smaller private cemeteries on large tracts of land; therefore, the Commission recommended establishment of a definition for a cemetery with each case reviewed through the special use process. Planning Director Hayes also stated a member of the general public recommended changing the definition to read internment and "entombment", which would be appropriate and suggested that the Board may wish to consider this request. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. The following person commented: Ms. Alvena Mims urged the Commissioners to adopt the proposed Text Amendment, and asked what areas of the County will be governed by the ordinance regulations? Planning Director Hayes stated all unincorporated areas of the County must comply to the regulations. Chairman Mathews closed the Public Hearing. Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt the Zoning Text Amendment defining cemetery with the addition of the word "entombment" as proposed by the Planning Commission. The floor was opened for discussion. . commissioner Barfield recommended incorporating the criteria as proposed by the Planning Staff under 72-2 as part of the motion in order to better inform the general public. Chairman Mathews called for a vote on the motion. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin commissioner Sutton Vice-Chairman Greer Chairman Mathews Voting Nay: Commissioner Barfield ~ ( ! [ r I ~ M~NUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 80-1 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened from Regular Session at 8:59 P.M. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Mathews reconvened to Regular Session 9:58 P.M. BREAK Chairman Mathews called for a break from 9:59 P.M. until 10:12 P.M. PUBLIC HEARING TO CONSIDER ZONING TEXT AMENDMENT TO CONSIDER RECOMBINATION OF NON-CONFORMING VACANT LOTS OF RECORDS TO COMPLY WITH MINIMUM AREA REQUIREMENTS (A-228, 1/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the Planning commission voted 5 to 2 in favor of restoring the original language governing the recombination of non-conforming lots of record. The Planning Commission agreed with the applicant and staff that the original language was better suited to preserve existing land use patterns in established neighborhoods. Those members opposed to adoption of the old language felt the current arrangement does not create serious threats or hardships on existing older neighborhoods where many of these lot types can be found. Prior to September 1976, adjoining non-conforming vacant lots of record were considered one single lot or several lots provided the minimum zoning district requirements were met. This means that if several adjoining lots were in single ownership, the lots would have to be combined for the purpose of building in order to meet the minimum area requirements of the district in which such lots were located. () Permitting the current form of non-conforming lot recombination without regard for minimum lot area is inconsistent as follows: (1) it promotes the infusion of densities at levels greater than established land uses. The result is the creation of lots inconsistent with the established lot patterns when most adjoining situations meet or exceed the mandated minimum lot areas in those neighborhoods; and (2) it promotes density levels that are inconsistent with established land classifications. A number of these lot scenarios occurred in Seagate, Masonboro, Airlie Road, Summer Rest Road and Seabreeze. Most of those lands are classified Conservation and/or Resource Protection. Density levels should not exceed 2.5 units per acre. However, there are increasing frequencies where these types of lots are being sought after and are being recombined in order to exceed the density limits established for the neighborhood. Staff recommends the original language be adopted in place of the current provision. () Chairman Mathews asked if anyone from the general public would like to speak in favor of the proposed Text Amendment or in opposition to the request. Ms. Jane Hardwick, the petitioner, commented on an adjoining lot which accommodates one house on a 1-acre tract and stated the property has been sold with the developer planning to place four houses on the same lot; therefore, she petitioned the Planning Commission to prepare the proposed Text Amendment in order to avoid situations of this type and uphold the integrity of the Zoning Ordinance. . . . -.., 1t'}~1 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 802 Chairman Mathews closed the Public Hearing. commissioner Retchin expressed concern for reconfiguration that allows the developer to build four houses on a 1-acre lot. Planning Director Hayes stated reconfiguration is an exemption from the subdivision law under North Carolina state statute. For example, if four lots contiguous are recombined and recorded as four lots, even though the configuration has changed, the land is still recorded as four lots; therefore, the lots become exempt from the subdivision law. Motion: After a lengthy discussion of present setbacks governing construction, Vice-Chairman Greer MOVED, SECONDED by Commissioner Barfield to adopt the original language in place of the current provision. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO REQUIRE DEAD-END STREETS BE EQUIPPED WITH A PAVED TURN-AROUND OR A CUL-DE- SAC (A-229, 1/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated at the request of Jim Cook, District Engineer of the North Carolina Department of Transportation, Staff presented to the Planning Commission a Text Amendment requiring a paved turn-around at the end of all dead-end streets. The Planning Commission was receptive to the need; however, several changes were incorporated into the recommendation. First, the Planning commission did not want to limit turn-arounds to just culs-de-sac. So, language was added to permit other types of turn- arounds subject to approval by the Department of Transportation. Secondly, the Planning Commission eliminated language requiring paving up to the property line and included language requiring the right-of-way be platted to the property line. The recommended changes are as follows: Under 41-1(7), Add: (I) Dead-End Streets: All dead-end streets, excluding stub- streets as specified in (h)l. and 2. above shall be constructed with a cul-de-sac with a minimum radius of 40 feet (31 foot pavement radius) or other paved turn-around as approved by the Department of Transportation. If the dead-end street abuts undeveloped property and access to that parcel is needed to facilitate its development, the turn-around shall be platted so that a road connection to the adjoining property can be made. The cul-de-sac or turn....around may be removed once the street is extended to adjacent property. The Planning Staff is concerned for the proposed design and the possibility of the Department of Transportation not accepting dead-end streets for maintenance. This could create serious hardships for property owners, particularly when road maintenance is needed. A remedy to this problem is to require all dead-end streets (public and private) be equipped with a paved turn- around/culs-de-sac designed to DOT specification. This can be accomplished by amending the ordinance as follows: Under 41-1(7), Add: (I) Dead-End Streets - All dead-end streets, excluding stub- streets as specified in (h)l. and 2. above, shall be constructed with a cul-de-sac with a minimum radius of 40 feet (31 foot pavement radius). If the dead-end street abuts undeveloped property and access to that parcel is needed to facilitate its ~ ( ~~NUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAG~ 80,3" development, the turn-around shall be paved contiguous with the property line so that a road connection to the adjoining property can be made. The cul-de-sac may be removed once the street is extended to adjacent property. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Subdivision Text Amendment. No public comments were received. f) ~ Chairman Mathews closed the Public Hearing. Motion: After discussion, commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the Subdi vision Text Amendment requiring dead-end streets be equipped with a paved turn-around or cul-de-sac as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING ADDRESS NUMBERS TO TERMINAL ROAD NORTH AND SOUTH Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, requested adoption of an ordinance to systematically assign address numbers to Terminal Road North and South in order to provide ambulance, fire fighting, law enforcement, and postal delivery. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the assignment of address numbers as presented. No public comments were received. n Chairman Mathews closed the Public Hearing. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve systematically assigning address numbers to Terminal Road North and South as presented by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 28. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Proclamation Designating the Week of February 9-15; 1992, as "CHILD PASSENGER SAFETY AWARENESS WEEK" in New Hanover County Motion: Commissioner Retchin MOVED, SECONDED by Commissioner sutton to adopt a proclamation designating the week of February 9-15, 1992, as "CHILD PASSENGER SAFETY AWARENESS WEEK" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XIX, Page 28. () Discussion of Requesting Assistance From UNC-W for Resolving the Howe Creek Pollution Problem commissioner Sutton recommended asking UNC-W to assist with resolving the Howe Creek pollution problem. County Manager O'Neal emphasized the importance of the State being the lead agency in overseeing the Howe Creek closure and stated he will write a letter to the N. C. Department of Environmental Management offering the assistance of the County and ~ ~ .~ ," .' MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 PAGE 804 encouraging them to invite UNC-W to participate in resolving this problem. commissioner Sutton expressed concern for requesting the State to invite UNC-W and recommended authorizing the Chairman to write a letter to the Chancellor. . commissioner Barfield stated the County does not have testing facilities anq/or funds to perform water quality samplings; and in his opinion, the State should be the lead agency in overseeing all agencies involved. No action was taken. Discussion of Budget Process Commissioner Sutton requested an update on the budget process. County Manager O'Neal stated Department Heads will submit budget requests on February 10, 1992, at a 10% reduction; however, until the school and human services budgets have been received, it is impossible to project figures. commissioner Retchin requested figures on the gross payroll for FY 1991-92 versus the proposed gross payroll for FY 1992-93. commissioner Sutton inquired as to the figures for implementation of the Pay & Classification Plan and requested that these figures be prepared. County Manager O'Neal stated these figures have been budgeted for FY 1991-92. . Discussion was held on the elimination of positions at the Juvenile Services Center. County Manager O'Neal stated during the downsizing process, 18 positions at the Juvenile Services Center were considered to be eliminated; however, if the State should provide sufficient funding for the County to operate the program, the positions will be added to the payroll roster. commissioner Sutton commented on costs invol ved with the Juvenile Services Center and stated if the State does fund operation of the facility, additional costs will still be incurred by the County. He also commented on the County's shortfall and urged the County Manager to present budget figures as quickly as possible. Consensus: After further discussion, the County Manager was requested to submit figures for implementation of the Pay & Classification Plan in FY 1991-92, as well as for FY 1992-93 and to present figures on funds saved through elimination of positions during the downsizing process. ADDITIONAL ITEMS - COUNTY MANAGER . Announcement of Cape, Fear Council of Governments Region "0" Transportation Forum County Manager O'Neal encouraged the Commissioners to attend the Cape Fear Council of Governments Region "0" Transportation Forum to be held on February 18, 1992, from 11:30 A.M. until 2:00 P.M. at Wally's Restaurant at Wrightsville Beach. Tour Scheduled for Brunswick Nuclear Facility Consensus: After discussion of the need for each Commissioner to visit the facility, it was the consensus of the Board to schedule a tour of the Brunswick Nuclear Plant on March 31, 1992, at 12:00 noon. ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~~ ( l ~~NUT:ES OF REGULAR MEETING., FEBRUARY 3, 1992. PAGE~89o Chairman Mathews adjourned the meeting at 10:59 o'clock P.M. ~c~~ Lucie F. Harrell Clerk to the Board n () J" c:) .'~. .