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1988-04-04 Regular Meeting ~ 99 MINUTES OF REGULAR MEETING, APRIL 4, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 4, 1988, at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Chairman, John M. Dolan; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Vice-Chairman O'Neal was absent. Chairman Dolan called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Engineering & Facilities, Ed Hilton, gave the invocation. James Harper of Boy Scout Pack #213 lead the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Dolan asked if anyone from the general public wished to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following items were presented: I Discussion of Tax Rate for 1988/89 Budget Ms. M. W. Bodey, a resident of Castle Hayne, commented on the proposed budget expressing concern for the one cent tax increase. She requested the Commissioners to maintain the same tax rate as last year and presented the following recommendations: 1. Reduce the proposed 5% cost of living increase to 3% and limit increase to County employees earning less than $30,000 annually. 2. Do not give auto allowances to persons using County vehicles which are fueled and maintained by the County. Chairman Dolan stated he was not aware of. any County employee using a County vehicle when provided an auto allowance. He requested Ms. Bodey to furnish the Commissioners with names of these employees in order to further investigate this accusation. No names were provided. Mr. Robert Kendrick, representing the North Carolina Taxpayers Legal Fund, commented on the proposed 1988/89 Budget requesting the Commissioners to cut the budget and relieve the taxpayers of New Hanover County. I Commissioner Barfield stated, for the record, the Commissioners have maintained the same tax rate as last year with exception of the one cent increase which will be earmarked to pay for general obligation bonds issued for expansion of the Museum. He stated this capital project was presented to the voters and passed by a majority vote reflecting an overall desire to expand the Museum which has created a need to increase the tax base. Mr. Dick Carter, a resident of the County, expressed concern for give-aways asking why local government should donate money to 57 private charitable organizations which do not relate to providing County services such as fire, ~ 10"0 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) emergency, and police protection. He recommended not funding any of the $1.79 million requested by these agencies expressing concern for the increasing demand upon property owners and the need for these landowners to be protected. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of March 9, 1988, continued Meeting of March 14, 1988, Budget Session of March 19, 1988, and Regular Meeting of March 21, 1988, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan o Absent: Vice-Chairman O'Neal APPROVAL OF CONSENT AGENDA Adoption of Resolution Awarding Low Bid to IBM for Telephone Systems Commissioner Corbett expressed concern for Consent Agenda Item #2, Request for Award of Bid to IBM for the new telephone system, and presented the following questions: (a) Why the award of bid stated in the resolution is $360,000 instead of the actual bid tabulation figure of $345,489.40 as submitted by IBM? (b) Who will install and service the system? (c) Are there any existing systems of this type in the area, and if so, have they performed successfully? Director of MIS, Steve Arrants, stated the resolution should read, "up to $360,000," to provide for additional lines and phones during the 2-year period of negotiations. He stated IBM will be responsible for installation and maintenance of the system and introduced Mr. Ben Stuart, a representative of IBM, to answer questions pertaining to the type of system. [l Mr. Stuart stated there is no identical system in this area; however, the GSA System has been used by the U. S. Army Corps of Engineers for the past eight years with systems of this type also being installed and utilized by Climate Control and Vision Cable. After a lengthy discussion on the performance of the system, no local service for parts and repair, and the urgency to pre-wiring the Social Services building, Commissioner Corbett MOVED to award the bid, authorizing pre-wiring of the Social Services Building and if not satisfied, subtracting this figure from the original contract. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Dolan recommended taking no action until the next meeting in order to address the concerns expressed. MIS Director Arrants cautioned against re-bidding the project stating a delay of approximately eight weeks could change figures submitted by all bidders. [ Chairman Dolan asked if anyone present would like to comment. The following persons commented on bids received and the difference between Centrex and Essx: Mr. Edward Bradley Ms. Beth Elliott Commissioner Retchin stated he was very comfortable with IBM and MOVED, SECONDED by Commissioner Barfield to adopt the resolution awarding the low bid to IBM subject to ~ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) I~I ~ a limit of $360,000 for the expenditure. MOTION CARRIED AS FOLLOWS: Upon vote, the Voting Aye: Commissioner Barfield Commissioner Retchin Chairman Dolan Voting Noe: Commissioner Corbett Absent: Vice-Chairman O'Neal :1 A copy of the resolution is contained in Exhibit Book XVI, Page 14. After discussion of Consent Agenda Item #3, the exhibit design contract for the Museum, Commissioner Retchin MOVED, SECONDED Commissioner Corbett to approve the fOllowing Consent Agenda items with removal of Item #3 for discussion at the end of the meeting. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal CONSENT AGENDA ITEMS Adoption of Proclamation Designating Public Health Week in New Hanover County- Health Department The Commissioners proclaimed the week of April 10-16, 1988 as Public Health Week in New Hanover County. I A copy of the proclamation is contained in Exhibit Book XVI, Page 14. Authorization to file Application for $16,000 State Grant from the AIDS Control Program - Health Department The Commissioners authorized the Health Director to apply for a State grant in the amount of $16,000 from the AIDS Control Program "Aids Education in the Black Community Project" with a local match for inkind services (salaries). Approval and Acceptance of 1988-89 ACTION Continuation Grant for the Retired Senior Volunteer Program The Commissioners approved application and acceptance of the 1988-89 ACTION Continuation Grant for the Retired Senior Volunteer Program in the amount of $43,566 with County matching funds of $31,875 authorizing the County Manager to execute the documents. Approval of Budget Amendments The Commissioners approved the Amendments: fOllowing Budget 88-0245 - Social Services Debit Credit I Child Day Care Office of Day Care Services $150,000 Day Care Services $150,000 Anticipated revenue based on FY 87-88 reallocations. Should reallocation fall short, County Appropriated Fund Balance will have to be appropriated, as needed to maintain level of service. 88-0248 Courthouse Renovation - Phase II Interest on Investments Debit $31,486 Credit j /I)~ i 'I I I ,! i'r. \ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) Budget Amendment (Continued) Credit Contingency $31,486 To budget interest earned. 88-0249 Social Services Debit Credit Administration DSS - Administrative Grants $9,391 CP&L Intervention Program Assistance Payments r ,--J $9,391 Received third State allocation of funds. Budget Amendments Approved by Budget Officer Reported for Entry into the Record 88-0246 Library Debit Credit Library Enrichment Grant (LSCA) $2,241 Supplies (Books) $2,241 Received supplemental LSCA Enrichment Grant for FY 1987-88. Funds will be used to strengthen the Library's reference collection. 88-0247 Library Debit Credit State Aid to Public Libraries $1,942 Capital Outlay - Equipment $1,942 [ Received Supplemental FY 1987-88 State Aid Grant to New Hanover County, Public Library. Funds were available due to failure of other libraries to match their State aid appropriation. The funds will be used to purchase additional miscellaneous equipment: Two (2) desks, One (1) monitor for video player and paperback racks. 88-0244 Fire Prevention Debit Credit Non-Departmental Contingencies $1,000 Fire Prevention Contracted Services $1,000 Approved by the Commissioners on March 21,1988, to allocate $1,000 to the N. C. Forestry Service for construction of (3) fire warning signs. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL REVENUE BONDS OF THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY TO INTERROLL CORPORATION Chairman Dolan opened the Public Hearing. [ Mr. Michae 1 Murchi son, Attorney represen ting the New Hanover County Industrial Facilities and Pollution Control Financing Authority, requested adoption of a Bond Resolution authorizing the issuance of $3,500,000 of revenue bonds to Interroll Corporation. He stated a Public Hearing had been held with approval of the project in principal by the County Commissioners and that approval of the project has been received from the North Carolina Department of Commerce. ~ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) 1"03 Chairman Dolan asked if anyone present would like to spea~ on the bond issue. The following person commented: Mr. William Funderburg, a resident of Castle Hayne, North Carolina, requested the Clerk to read from the Bible Deuteronomy, Chapter 23, verses 10 and 11 for entry into the record. He expressed appreciation to the Commissioners for scheduling a second Public Hearing and commented on the following issues: I 1. Inadequate notice of the first Public Hearing due to Christmas holidays. 2. The present law suit by the citizens of Castle Hayne, N. C., against the State of North Carolina relating to sewage outfall from the NorthChase Development into the Northeast Cape Fear River at the Castle Hayne Community Park. 3. Environmental issues that have not been addressed. 4. Violation of State Statute governing the rules and regulations of the Industrial Facilities and Pollution Control Financing Act. 5. Violation of procedural process under the N. C. Department of Commerce. 6. Violation of Department of Development. procedural process under the Natural Resources and Community I Commissioner Retchin requested Mr. Funderburg to list specific violations. Mr. Funderburg stated the material forwarded to the Commissioners prior to the meeting contained the violations. Commissioner Retchin, again, requested Mr. Funderburg to state the violations publicly. Mr. Funderburg listed the following violations: 1. Violation of Public Hearing on January 4, 1988, which was flawed due to offices being closed during the Christmas Holidays reducing the amount of time available for public comment. 2. A Public Hearing was not held by the Department of Natural Resources and Community Development Divisional office located at Wrightsville Beach in accordance with rules and regulations under GS 159- C-7; therefore, no report was forwarded to Raleigh which circumvented the public's right to a Public Hearing at that point and time. 3. Violation of the North Carolina Administrative Code, Title I, Department of Administration, Chapter 25 under the N. C. Environmental Impact Policy Act. I 4. Violation of the Industrial Facilities and Pollution Control Financing Authority By-laws under the False Claim Act of 1986, which in Mr. Funderburg's opinion was bid rigging under Chapter 764, House Bill 136. 5. Violation of Section 147 of the Internal Revenue Code under other requirements applicable to certain private activity bonds. Mr. Funderburg commented on the present lawsuit between the Castle Hayne Community and State of North Carolina with reference to the NorthChase wastewater discharge into the Northeast Cape Fear River located at the Castle Hayne Community Park. He respectfully requested the Commissioners ~ 104 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) to defer action on adopting the resolution approving issuance of revenue bonds to Interroll Corporation and authorize the County Attorney to attend the court hearing scheduled for tomorrow in Raleigh representing the County and Castle Hayne citizens asking for removal of the NorthChase discharge system from the Castle Hayne Community Park on the Northeast Cape River to a downstream location. Discussion was held on misrepresenting Interroll by involving the NorthChase wastewater discharge issue. Chairman Dolan asked County Attorney Pope if all legal requirements had been met by the Industrial Facilities and Pollution Control Financing Authority in preparing the issuance of revenue bonds to Interroll. Attorney Pope stated, in his opinion, all legal requirements had been met. Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to adopt the resolution, as presented and read, for issuance of industrial revenue bonds by the New Hanover County Industrial Facilities and Pollution Control Financing Authority in the amount of $3,500,000 to Interroll Corporation. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal A copy of the resolution is contained in Exhibit Book XVI, Page 14. PUBLIC HEARING TO CONSIDER FINAL CLOSEOUT PROCEDURE FOR AMHOIST, GRANT #84-C-6878 Chairman Dolan opened the Public Hearing. Planning Director Hayes stated the purpose of the Public Hearing is to receive comments from the public concerning the AmHoist grant and the proposed final closeout procedure. He commented on negotiations being held with the State to proceed with the closeout. Chairman Dolan asked if anyone from the general public would like to speak on this issue. The following persons commented: Mr. Ernest Puskas, a resident of Castle Hayne, requested an explanation of negotiations being held with the state and the amount of funds involved. Planning Director Hayes stated the original grant was in the amount of $750,000 stating Assistant County Attorney, Rick Miller, would address the closeout negotiations. Assistant County Attorney Miller stated current negotiations are being held with the North Carolina Department of Natural Resources and Community Development; whereby, the County has offered a compromise in the amount of $194,970 for a program to enable low to moderate income households to connect to the county-wide sewer system and to provide plumbing facilities when needed. He stated the program has been accepted by the State, but no exact amount of money has been established. Mr. Puskas cautioned offering grants, tax free revenue bonds, and incentives to industry without thoroughly monitoring compliance of required regulations in order to avoid this type of problem occurring in the future which always becomes the burden of the County taxpayer. He urged the Commissioners to thoroughly investigate companies before approving revenue bond issues stating a more equitable system should be developed. \ n n n " ~ ~ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) -105 Mr. Dick Carter expressed concern for local government subsidizing private companies which mayor may not create jobs. Chairman Dolan stated, for the record, he would 'be thoroughly investigating companies in the future in order to avoid non-compliance which can become shortages and eventually paid for by County taxpayers. I After further discussion, it was the consensus of the Board to continue the Public Hearing until May 2, 1988. DISCUSSION OF HOUSING REHABILITATION IN NEW HANOVER COUNTY Commissioner Barfield commented on housing rehabilitation programs under the City. He recommended requesting Mr. Scott Redinger, the City's Staff Administrator of housing rehabilitation programs, to appear before the Commissioners and explain various programs now in existence. After discussion, it was the consensus of the Board to request the Clerk to write a letter to City Manager, William B. Farris, requesting authorization for Mr. Scott Redinger, the City's Staff Administrator of "Non-Profit Wilmington/Housing Finance Development, Inc." to make a presentation on housing programs. PUBLIC HEARING TO CONSIDER A SUBDIVISION APPEAL TO OVERTURN THE TECHNICAL REVIEW COMMITTEE'S DECISION TO DENY PRELIMINARY PLANS FOR PARKSHORE ESTATES SUBDIVISION Chairman Dolan opened the Public Hearing. Chairman Dolan asked if anyone present wished to speak on behalf of the appellant. The following person commented: I Mr. Darryl Mills, Attorney representing the developer, Bill Benson, presented Exhibits 1-8 for entry into the record. He gave background information on parkshore Estates stating the development would be a single, family subdivision located on Shandy Avenue under Performance Residential Zoning with the proposed density clearly in compliance with the County Zoning Ordinance. He stated the following permits have been approved: (1) erosion control and grading permit from the County Engineering Department; (2) storm water runoff permit from the Division of Environmental Management; (3) 401 permit to fill wetlands; (4) approval from the Corps of Engineers to construct roads and cross wetlands; and (5) water to be supplied by Cape Fear Utilities. Attorney Mills stated after several meetings with the County's Technical Review Committee, the preliminary plans for parkshore Estates Subdivision were denied based upon non-compliance with Article VI, Section 60 of the New Hanover County Zoning Ordinance with reference to visibility at intersections in residential districts which refer to a corner lot. He presented Exhibits 1 and 2 reflecting plotted lots pointing out that the ordinance defines a corner lot as, "a lot abutting two or more streets as a street intersection," stating the proposed subdivision does not have a street intersection; therefore, Section 60 does not apply. He respectfully requested the Commissioners to reverse the decision made by the Technical Review Commi ttee since this section of the Zoning Ordinance does not apply to this case. I Commissioner Barfield commented on Lot #1 and the adjoining house expressing concern for placing a driveway within two feet from the house. He also questioned compatibility of this development with other structures in the area. Attorney Mills stated the proposed plan would be compatible and in harmony with the area. Discussion was held on denial by the Technical Review Commi ttee. Planning Director Hayes stated the committee's ~ "106 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) main concern focused on visibility at intersection design requirements. Commissioner Barfield asked if the plan was a documented violation of the Subdivision Zoning Ordinance with reference to intersections. Planner Avery stated the proposed plan was a documented violation. Chairman Dolan asked if anyone would like to speak in opposition to approval of the preliminary plans. The following persons commented: Mr. David Barefoot, Attorney representing Ms. Margaret In. Gage of Shandy Point, requested a copy of the packet presented to the Board for entry into the record. He stated the plan is misleading since the lower portion of the property is not shown. Attorney Barefoot stated the entire tract of land is 30.89 acres with no access to the lower portion of property stating for this reason, only the upper portion should be considered. He presented the following questions: 1. Is there sufficient access to the property? 2. Ownership of access? Who owns Shandy Lane? Is it public or private? Attorney Barefoot stated the questions of density, access, ownership, and internal road design problems exist in the proposed plan, and requested the Commissioners to deny approval of the preliminary plan. He commented on non-conformi ty to performance standards, safety, and proposed streets in the subdivision stating the following persons will address these issues: Mr. Dave Simms, a consulting engineer, stated the proposed intersection is a potential safety hazard with the view being obstructed by Mrs. Gage's house. He also expressed concern for an increase in the traffic flow of n approximately 200 vehicles per day creating a traffic hazard I . for residents living on Shandy Avenue including safety of "- school children and access for emergency vehicles. Mr. Bill Gage stated the proposed plan does not meet the N. C. Department of Transportation Standards for Subdivision Roads because radii on curves were too short. He reviewed Exhibit 4 as presented by Attorney Mills, showing that a portion of Mrs. Gage's house was not included in the sketch, and if included the site line would run into the laundry room of the her home. Mr. Gage also commented on the proposed causeway across the wetlands which is not shown on the site plan requesting that this property be excluded from the performance regulation standards. Ms. Karen Gottovi, a resident of Shandy Lane and former County Commissioner, commented on land use regulations and performance residential standards which were adopted specifically for properties that were difficult to develop in order to give the developer an alternative to cluster homes on a portion of property with the remaining property being used as open space. She stated the proposed subdivision plan is a travesty of this planning process with lots so small that in order to construct homes, all trees will have to be removed. Ms. Gottovi respectfully requested the Commissioners to deny the Preliminary Plans for Parkshore Estates Subdivision. r l___ I) Dr. Luke J. Sampson, Jr., a resident of Shandy' Point, expressed concern for Ms. Gage's home stating no developer should be allowed to develop land that will completely destroy the quality of life for this individual. :i il Attorney Mills stated the issue to be considered is whether or not Section 60 of the Subdivision Zoning Ordinance applies to this particular case requesting the commissioners to carefully consider this issue when making a J\ ~ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) '1"07 decision. He also commented on Exhibit 8, a letter from the Department of Transportation, which clearly states that the increased daily traffic on Shandy Avenue can be addressed with proper traffic control measures. Attorney Mills respectfully requested approval of the preliminary plan as submitted. Chairman Dolan closed the Public Hearing. I After discussion of Section 60 and visibility at intersections in residential districts, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to uphold the Technical Review Committee's decision to deny approval of the Preliminary Plans for parkshore Estates Subdivision. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal Copies of Exhibits 1-8 are contained in Exhibit Book XVI, Page 15. BREAK Chairman Dolan recessed the Regular Meeting for a break from 8:45 o'clock P.M. to 9:00 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE EAST SIDE OF VELVA DRIVE APPROXIMATELY 1,200 FEET NORTH OF OAKLEY ROAD IN AN R-20 RESIDENTIAL DISTRICT Chairman Dolan opened the Public Hearing. I Chairman Dolan asked anyone present wishing to testimony on issuance of the Special Use Permit to forward to be sworn in by the Clerk to the Board. following persons were sworn in: give step The Ms. Verbee Severe Ms. Diane Wilhalf Ms. George Powell Mr. David Heath Planning Director Hayes gave background information on the issuance of the Special Use Permit stating the Health Department has not rendered any findings concerning the suitability of the soil to accommodate a septic disposal system stating the overall site does contain one septic tank which serves an existing mobile home. Director Hayes stated all other general requirements have been met. Chairman Dolan asked if anyone present would like to speak in favor of issuing the Special Use Permit for location of the mobile homes. The following person commented: I Ms. Verbee Severe, representing the petitioner, her son Mr. Herbert Hazard, stated one mobile home will be occupied by her grandson, with the other unit being rented. Planning Director Hayes asked Ms. Severe if she agreed with the statements presented by the Planning Staff. She stated she concurred with findings and statements as presented. Chairman Dolan asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. The following adjacent property owners expressed concern for devaluation of their property by allowing more mobile homes in a residential neighborhood and current problems being experienced with renters due to an absentee landowner: ~ 1'08 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) Ms. Diane Wilhalf Mr. David Heath Mr. George Powell Ms. Severe stated the renters creating the problems are no longer living in the mobile home and that when her returns to Wilmington more supervision will be administered. Commissioner Barfield expressed concern for placing rental mobile home units in a residential area. Chairman Dolan closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to deny granting the Special Use Permit based on the Commissioners' conclusion that the proposed use does not satisfy the third general requirement; namely that the use will not substantially injure the value of adjoining or abutting property feeling that continued expansion of rental mobile home uni ts adj acent to established single-family units would negatively impair property values in the area. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal A copy of the order denying a Special Use Permit for a mobile home is contained in SUP Book I, Page 33. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD FOR REZONING APPROXIMATELY 5.80 ACRES AT THE SOUTHEAST CORNER OF U. S. 117 AND PARMELE ROAD TO B- 2 BUSINESS FROM R-15 RESIDENTIAL Chairman Dolan opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating the Planning Board denied B-2 zoning due to recent residential development trends in the area. Commissioner Barfield asked Planning Director Hayes if B-1 zoning would satisfy the needs of the petitioner. Director Hayes stated this question was discussed at the Planning Board meeting with the general conclusion that B-1 zoning would not satisfy the uses submitted by the petitioner. Chairman Dolan asked if anyone present would like to speak in favor of the rezoning request. The following persons commented: Mr. Dave Schroeder and Mr. Hansen Matthews, the petitioners and co-owners of the property, commented on the highest and best use of the property stating this land has been used commercially for the past 50 years. They respectfully requested approval of B-2 zoning. Chairman Dolan asked if anyone present would like to speak in opposition to the rezoning request. No one commented. Chairman Dolan closed the Public Hearing. Discussion in this area intersection of zoning would be was held on recent residential development and the property being located at the a major highway with the conclusion that B-1 more appropriate. :\ n n CJ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) ~ 110:9 After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to rezone approximately 5.80 acres at the Southeast Corner of U. S. 117 and Parmele Road to B-1 from R-15. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan I Absent: Vice-Chairman O'Neal A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985," is contained in Zoning Ordinance Book II, Castle Hayne Section, Page 7. PUBLIC HEARING TO CONSIDER DESIGNATION OF A PORTION OF RACINE DRIVE AS A "MINOR ARTERIAL" ON THE NEW HANOVER COUNTY THOROUGHFARE CLASSIFICATION MAP Chairman Dolan opened the Public Hearing. Planning Director Hayes stated Racine Drive is classified as a minor arterial on the Wilmington Area Thoroughfare Plan with the entire segment to be constructed to minor arterial standards. Since the segment of Oriole Drive has been constructed with contractual commitment to complete the remaining segment, the Planning Board and Planning Staff recommend adding Racine Drive to the County's Thoroughfare Classification Plan. I Chairman Dolan asked if anyone present would like to speak in favor of or in opposition to proposed designation of Racine Drive as a minor arterial on the County's Thoroughfare Classification Plan. No one commented. Chairman Dolan closed the Public Hearing. Commissioner Barfield MOVED, SECONDED by Retchin to add Racine Drive to the County's Classification Plan. Upon ,vote, the MOTION FOLLOWS: Commissioner Thoroughfare CARRIED AS Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal Planning Director Hayes stated as a result of this action, property located between Oriole Drive and Eastwood Road will be eligible for high density development. I PUBLIC HEARING TO CONSIDER A WILMINGTON TO AMEND THE LAND USE EXCEEDING 2- 5 UNITS PER ACRE CONSERVATION CLASSED LANDS Chairman Dolan opened the Public REQUEST BY THE CITY OF PLAN TO ALLOW FOR DENSITY IN SPECIALLY DESIGNATED Hearing. Planning Director Hayes gave background information on the proposed amendment to the Wilmington/New Hanover County Land Use Plan stating in order for the amendment to be approved, both governing bodies had to vote in favor of the request. Mr. Arcelia Wicker, Sr., Director of Planning for the City of Wilmington, presented the proposed amendment to the Wilmington/New Hanover County Land Use Plan, Policies for Growth and Development, "Growth Management Guide" by adding ~ 11'0 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) the following paragraphs to the end of the "Conservation" Section: The sole exception to this restriction regarding residential density in the Conservation Class is physically described below: The area adjacent to the west bank of the Cape Fear River between the Northeast Cape Fear River Bridge to the north, U. S. Highway 421 to the west, and the southern boundary of New Hanover County to the south. n Within this area, residential development can occur at developed class densities subject to the following conditions: (1) All development activities shall be confined to areas which have been recently disturbed (i.e., since 1950) by spoil deposition or development activities and which are not now a functioning part of a coastal wetland system; (2) The area is within the corporate limits of the City of Wilmington and receives water and sewer services from the City's public utility facilities; (3) All applicable environmental permitting agencies review the proposed development and issue construction permits pursuant to this review; and (4) The development is of the type and design proposed for this area in the previously adopted City development report "Wilmington Looks to the River". City Planning Director Wicker commented on the new plan, "Wilmington Looks to the River" stating the City is interested in developing the riverfront according to the plan. He stated this amendment would apply only to the area specified above and respectfully requested approval of the amendment. [l Planning Director Hayes stated this area is located within the 100 Year Flood Plain which requires protection of runoff, primary nursery areas, and pollutants stating the County and City have discouraged residential development in the Flood Plain. He commented on the County's current density factor in the Flood Plain, 2 1/2 units per acre, pointing out this density complies to federal funding requirements which state sewer construction should not encourage development in the Flood Plain. Commissioner Retchin commented on the need to improve the appearance of the Riverfront stating the amendment addresses this issue plus spoil deposits in the area recommending approval of the request. Commissioner Corbett stated approving residential development like to cooperate with the City's support the amendment. he was troubled by in this area and would request, but could not I L~ Planner I, Dave Weaver, stated the Planning Board was concerned about setting a precedent with permi tting residential development in this area emphasizing the possibility of other developers requesting designated areas for residential use. He stressed the importance of protecting environmentally sensitive areas. Chairman Dolan asked if the Commissioners did not approve the proposed amendment, would the City annex this property? City Planning Director Wicker stated one of the condi tions of the request is that the property be \ \ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) ~ '11.1 incorporated within the City Limits. Mr. Scott Shuford, a City Planner, stated under the present classification, this area can be used for industrial development which will in all probability request City water and sewer services. Chairman Dolan closed the Public Hearing. I After discussion of residential development on the riverfront, Commissioner Corbett MOVED, SECONDED by Chairman Dolan to deny approval of the proposed amendment to the Wilmington/New Hanover County Land Use Plan by the City of Wilmington. Upon vote, the MOTION RECEIVED A TIE VOTE as follows, with no action being taken: Voting Aye: Commissioner Corbett Chairman Dolan Voting Noe: Commissioner Barfield Commissioner Retchin Absent: Vice-Chairman O'Neal PUBLIC HEARING TO CONSIDER SOUND ROAD, SYLVAN LANE MASONBORO TOWNSHIP Chairman Dolan opened ADDRESS ASSIGNMENTS ON MASONBORO AND MAGNOLIA DRIVE LOCATED IN the Public Hearing. I Planning Director Hayes stated after a field and research examination of house/property numbers along Masonboro Sound Road, Syl van Lane, and Magnolia Drive, it was found that numbering was inconsistent with the County's Comprehensive and Systematic Numbering System and did not tie-in with the City's numbering scheme. He stated in order to accurately identify developed property for delivery of County services, response of emergency and safety vehicles, the Planning Staff has recommended reassignment of numbers. Chairman Dolan asked if anyone present would like to speak in favor of or in opposition to this request. The following persons commented in opposition to the request expressing concern for the numerous changes in house numbers that have occurred within the past five years and the expense involved to property owners: Mr. Harris Newber Magnolia Drive Mr. Harold Dobbins Masonboro Sound Road Mr. Van Reid Magnolia Drive Mr. Miles Higgins Masonboro Sound Road Discussion was held on the responses and the importance of numbers that are consistent with and Systematic Numbering System. importance of emergency assigning house/property the County's Comprehensive I Commissioner Corbett asked Planning Director Hayes if it was absolutely necessary to change the numbers in this area. Planning Director Hayes stated this area is not as bad as other areas; however, consistency in the County's numbering system is important. He also commented on a number of road duplications in the area, such as Magnolia Drive and Sylvan Lane which should be changed in order to comply with the County's policy on road duplications. commissioner Retchin establishing a systematic stressed numbering the importance of system for emergency ...i 112 MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) personnel stating one minute in response time can be the difference between life and death. After further discussion, it was the consensus of the Board to continue the Public Hearing until May 2, 1988, at 7:00 P.M. in order to give persons in the Masonboro area who were unable to attend the meeting due to religious holidays an opportunity to speak on this issue. RECOMMENDATIONS BY HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE Ms. Phyllis V. Roebuck, Chairman of the Human Services Allocation Advisory Committee presented 1988/89 funding recommendations for outside agencies stating she would be glad to answer any questions. n ~ J County Manager Cooper reminded the Commissioners that in order to comply with State requirements, CBA funds must be approved by the Board at this meeting. Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to accept the recommended funding request in the amount of $157,398 by the Human Services Allocation Advisory Committee for CBA allocations. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal Commissioner Barfield questioned the reduction in recommended funding for Community Youth Crime Prevention. Ms. Roebuck stated the additional funding was requested for n,~ addi tional salaries to hire employees which in the committee's opinion was not necessary when the use of volunteers had been so successful. Commissioner Barfield questioned the increase in the Committee's budget recommendation for the Child Advocacy Commission Restitution Program. Ms. Roebuck stated seed money was given last year without enough funds to operate the program; therefore, in order to continue the program, addi tional funding was necessary. She commented on the importance of the program which provides community resources for restitution and community service through businesses and other community service agencies reducing the number of children placed in training school stating this is a primary goal of CBA funding. Chairman Dolan expressed concern for no funding being recommended for the Community Penalties Program stating Judges and Probation Officers throughout the State feel this program has been quite successful in reducing the number of people incarcerated and saving taxpayers money. Ms. Roebuck stated the subcommittee reviewing this program reported a duplication of services compared to its budget and small caseload. Ms. Roebuck asked Mr. Joe Duncan, a member of the subcommittee reviewing the Community Penalties Program, to comment. J Mr. Duncan stated after review of the program, there appeared to be duplication of services with 80% of Community Penalties' total budget being salaries; therefore, the money received from the State should be adequate for the services actually rendered to the County. After a lengthy discussion of the Community Penalties Program, Ms. Roebuck stated the Human Services Allocation Advisory Committee had reviewed this funding request to the \ ~ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) J '_.3 . I, best of their ability and had made a budget recommendation accordingly. Commissioner Barfield expressed appreciation to the Human Services Allocation Advisory Committee for their work in preparing and presenting the funding recommendations and MOVED, SECONDED by Commissioner Corbett to accept the recommendations with final decisions being made during the budget process. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal DISCUSSION OF YAHWEH CENTER, INC. FUNDING REQUEST Ms. Carla Roberts, a co-founder of the YAHWEH Center, Inc., commented on the critical need in New Hanover County for emergency shelters to care for abused and neglected children. She stated after discussion with Wayne Morris, Director of, Social Services, they both feel our community needs more than one shelter; therefore, the YAHWEH Center does not want the Department of Social Services to have a reduction in their funding request due to the request by YAHWEH. I Ms. Roberts expressed concern for an article published by the Wilmington Star News on April 4, 1988, misrepresenting the YAHWEH Center as a religious organization. She stated the purpose of the center is to provide a shelter for abused children with religion being offered not required. Discussion was held on the legal aspects of County funding for any religious organization. Chairman Dolan stated the County Attorney would review and check into this aspect of the funding request. Commissioner Barfield emphasized the importance of establishing a proper environment for the program stating he could not support the program under the Department of Social Services. Ms. Roberts expressed appreciation to the Commissioners for an opportunity to explain the purpose of the YAHWEH Center asking for consideration of the funding request as submitted stating the organization will raise the funds needed, if necessary. I AUTHORIZATION FOR EXECUTION OF LEASE WITH CAPE FEAR COAST CONVENTION AND VISITORS BUREAU FOR SPACE IN THE OLD COURTHOUSE Assistant County Manager, Mary Gornto, presented a landlord's lease between New Hanover County and the Visitors Bureau for lease of space in the Old Courthouse when renovated. She stated the Visitors Bureau would not pay rent but would pay for utili ties; therefore, the County Attorney had requested that a lease be prepared. Commissioner Retchin asked if the name for the Visitors Bureau had been changed. County Attorney Pope stated the bureau was in the process of a name change and the name used in the lease, Cape Fear Coast Convention and Visitors Bureau, would be their official title. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize the County Manager to execute the lease agreement subject to approval by the County' Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: ", ~ " 4 ' \ MINUTES OF REGULAR MEETING, APRIL 4, 1988 (CONTINUED) Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal DISCUSSION OF CONSENT AGENDA ITEM #3, CONTRACT FOR EXHIBIT DESIGN SERVICES FOR NEW HANOVER COUNTY MUSEUM EXPANSION Discussion was held on the proposed contract between New Hanover County and Ralph Appelbaum Associates, Inc. [] Commissioner Retchin expressed concern for approving a contract without requiring a performance bond and advancing ~ cash in the amount of $12,500. County Attorney Pope stated the County has not recommended or required a performance bond for this type of consultant in the past. He stated the firm is a foreign corporation not authorized to perform business in the State of North Carolina, therefore, the State has no control over the firm. He expressed concern for providing a cash advance since the County will not have any assurance that once the money is advanced the firm will perform. Assistant County Attorney, Wanda Copley, stated she had discussed this matter with Mr. Appelbaum, and the problem involved was that the insurance broker would not provide a performance bond unless Mr. Appelbaum used his personal assets as collateral. After a lengthy discussion of the selection process and the qualifications of Mr. Appelbaum, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to approve the selection of Ralph Appelbaum Associates, Inc. to perform exhibit services for the Museum Expansion without requiring a performance bond or providing a cash advance authorizing [] the Chairman to execute the contract. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Scheduling Joint Meeting with Wi1mington City Council Discussion was held on scheduling a joint meeting with the Wilmington City Council. After discussion, it was the consensus of the Board to request the Clerk to contact the City and work out an appropriate date. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett commissioner Retchin Chairman Dolan Absent: Vice-Chairman O'Neal c Chairman Dolan adjourned the meeting at 12:45 o'clock A.M. ~p.eC~~d, \..../Lb F. Harrell Clerk to the Board '\