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1988-05-02 Regular Meeting 1~5 : ~,.c. ..... ., ~_:'...- ;",~' -"; MINUTES OF REGULAR MEETING, MAY 2, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 1988, at 6:00 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.; Nolan 0' Neal; Fred Retchin; Chairman, John M. Dolan; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Deputy Clerk to the Board, Joyce B. Bragg. Chairman Dolan called the meeting to order. INVOCATION Rev. Jan Fogleman, of 5th Avenue Methodist Church, gave the invocation. PROCLAMATION DESIGNATING THE WEEK OF MAY 1-7, 1988 AS RESPECT FOR LAW WEEK Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the Respect for Law Week Proclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dolan read and signed the Proclamation designating the week of May 1-7, 1988 as RESPECT FOR LAW WEEK in New Hanover County. I Mr. Frank Kelly, Lt. Governor for Zone One, North Carolina East District Optimist, was present to accept the Proclamation. Mr. Kelly stated that the Optimist Clubs of Wilmington, New Hanover County have selected two law enforcement officers as outstanding. Deputy W. Lawrence Peck, New Hanover County Sheriff's Department and Police Officer D. D. Groner were recognized for their outstanding job performance. Chairman Dolan efforts the officers crime in our County. expressed appreciation for have given toward fighting all the against A copy of the proclamation is contained in Exhibit Book XVI, page 1 7 . DISCUSSION ON CURFEW FOR CHURCHILL ESTATES SUBDIVISION Chairman Dolan recognized a group of concerned citizens from the Churchill Estates area who are still experiencing some problems with respect to breaking and entering. The problem is the primary concern of the Sheriff's Department, but certainly a concern of the Commissioners. He stated a discussion will be held to see what should be done, and what is the best way to approach the problem. Chairman Dolan asked that a spokesman be designated to speak on this issue. I Commissioner Barfield gave an update on the process up to this point. He stated that a meeting was held in King's Grant Subdivision, regarding four or five subdivisions, and all of the Commissioners were invited to attend. Commissioner Barfield stated that the issues discussed were crimes of breakins, young children nine to twelve years of age being out on the streets during late hours of the night and early morning, streetlights, and finally a curfew. A Deputy Sheriff gave a presentation on Neighborhood Watch which lead to the idea of having streetlights and a curfew. It was stated that the Commissioners would have to make the decision to declare a curfew. Commissioner Barfield stated that he asked the County Attorney to investigate the possibility of a curfew, afterwhich he called the lady who had appeared before the Commissioners requesting a curfew in King's Grant Subdivision. She informed him that the situation had improved, that the Neighborhood Watch was successful. ~ MINUTES OF REGULAR MEETING OF MAY 2, 1988 ( CONTINUED) IJ~ ~ The Churchill Estates citizens had contacted Commissioner Barfield requesting an appearance before the Commissioners. The following persons from Churchill Estates commented on the request for a curfew: Mrs. Angea Arjima Mrs. Carolyn F. Johnson Mr. T. J. Phillips County Attorney pope explained the law regarding curfews, stating that before calling for a curfew, the Commissioners must first declare a state of emergency. A state of emergency is determined when the Public Safety Authorities state they are unable to maintain public order with adequate protection of life and property. n Detective Simmons of the Sheriff's Department explained that the area has been patroll~d, interviews with parents were conducted and three arrests have been made as a result. He stated that he asked the residents to contact Southern Bell Telephone to have their phones trapped to assist the Sheriff's Department in making arrests, however, they have not followed through. Detective Simmons stated in his opinion the children are feeling as harassed as the adults. Sheriff McQueen stated that Detective Simmons was assigned to this area when there were more important cases he should have been working on. He has spent 268 hours in Churchill Estates at a cost of $2,138. He asked that the citizens of Churchill Estates cooperate with the Sheriff's Department. Sheriff McQueen stated that he does not favor a curfew, stating the residents must cooperate. Chairman Dolan asked if the Sheriff's Department has n established any motive as to why the children were concentrating on Churchill Estates or why they were harassing or causing property damage to any specific individual's home. Sheriff McQueen stated the motive was harassment and curfew is not the answer. Commissioner Retchin stated that if young children are out on the street at early hours of the morning, it should be reported to the Department of Social Services, because that is child neglect. After a lengthy discussion, Commissioner Barfield stated that the residents should follow the Sheriff's instructions if they wish to receive their help. He urged the residents to cooperate with the Sheriff, to let him do his job with law enforcement, get the phones trapped and wait to see what the court case for the breaking and entering arrest determines. Commissioner Corbett stated that he had been a victim and had made an observation of the Sheriff and his Department and found them to be outstanding and very cooperative. Commissioner Corbett requested that the residents cooperate with law enforcement because they are doing all they can do. n Chairman Dolan emphasized that in order for the commissioners to declare a curfew, there would have to be declaration from law enforcement authorities that law enforcement had broken down whether in the whole county or a section of it. He asked the Sheriff if the evidence indicates that law enforcement has broken down in New Hanover County or any part thereof? l \ ~ l:l 'l. ,., MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) Sheriff McQueen replied that law enforcement has not broken down and that problems in other areas of the County have been worse. I Chairman Dolan expressed concern about the situation and the problem of crime in neighborhoods and requested some plan as to what to do about it. He stated that we have to stop this type of crime before it gets out of hand. He stated he thought the Sheriff was willing to get tough and he suggested changes from the important to the immediate important. He discouraged the arguing and urged cooperation. Sheriff McQueen stated that getting phone traps, and requested handle law enforcement. he would take care of the residents to let him Chairman Dolan thanked the residents for attending and showing concern about their neighborhood and the Sheriff's Department, stating he hoped all concerned citizens could work together to resolve as much of this situation as possible. He reminded everyone that some parents are not doing their jobs. BREAK Chairman Dolan recessed the meeting for a break at 7:20 o'clock p.m. until 7:30 o'clock p.m. PLEDGE OF ALLEGIANCE The Color Guard of Brownie Troop #448 lead the audience in the Pledge of Allegiance to the Flag. I APPROVAL OF MINUTES OF SPECIAL MEETING OF MARCH 21, 1988 AND REGULAR MEETING APRIL 4, 1988 Commissioner Retchin stated that the minutes of April 4, 1988 should be corrected to reflect that the Yaweh Center does NOT wish the Department of Social Services's budget to be decreased due to the request by Yaweh. Commissioner Barfield MOVED, SECONDED by Vice Chairman 0' Neal to approve the minutes of the Regular Meeting of April 4, 1988, with the correction. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Special Meeting of March 21, 1988 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Dolan asked if anyone from the wished to speak on an item not listed on the or an item listed on the Consent Agenda. items were presented: general public Regular Agenda The following I STAFF TO PREPARE PLAN FOR PAYMENT OF SEWER IMPACT FEES Mr. Robert Horrell, Jr., Castle Hayne, stated he was informed that he had to pay $375.00 sewer impact fee before he could get building permits. He stated he could not afford to pay the fee now. However, he requested an installemnt payment plan so that he can pay later. County Manager Cooper stated that staff could work out payment schedules with the citizens. Commissioner Retchin suggested setting up a specific plan for.this type situation to be presented to the Board of Commissioners for approval. It was the consensus of the Board of Commissioners to request that the County Manager and staff prepare a plan for payment of sewer impact fees when customers cannot afford to pay the full amount before issuance of building ~ /:1. 8. < :);-- MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) .....:j- ~ ~,~.~ -. 1 permits. to be presented to the Commissioners for approval. It was also the consensus of the Commissioners for Ed Hilton, Director of Engineering and Facilities, to assist Mr. Horrell in working out a payment plan for impact fees. FUNDING REQUEST APPROVED - FOOD BANK Mr. Jack Morgan, representing the Food Bank of the Lower Cape Fear and the hungry in New Hanover County, stated that the Food Bank is trying to do the job of feeding the hungry in three ways. They are using non-profit agencies 0 who draw food to feed other people. They are handling the USDA Commodity Distribution and people who do not qualify under either of the two programs are referred to Mother Hubbard's Cupboard. Mr. Morgan requested reimbursement in the amount of $20,000 to cover expenses that they have accrued in handling the USDA Commodity Distribution. Chairman Dolan expressed concern of voting on this request without further study. Commissioner Barfield stated that he is aware of the problem the Food Bank has. It is a very serious immediate problem, and the Commissioners should look at the total funding of the Food Bank with regard to making it a self sustaining operation, because it is a critical agency in dealing with the hungry in New Hanover County. Commissioner Retchin stated that neither the Food Bank nor Mother Hubbard's Cupboard were funded during Fiscal Year 1987-88. They perform such a fantastic service for the community serving 130,000 meals to hungry people. This included over 18,000 households and almost 42,000 people. If they do not get the $20,000 they will simply have to close down. Commissioner Dolan expressed concern with the sudden request for a large amount of funding. He requested an explanation of what was meant by having to close down if the request was not approved and questioned the need to rush. o Commissioner Barfield stated that the saved the Department of Social Services a than they are requesting, and they need continue to operate. Food Bank has lot more money the funding to Commissioner Corbett stated that he had visited the Food Bank and believes that in this whole County the poor and the hungry are probably getting more for the amount of money spent than any other situation he has seen since he has been a County Commissioner. He stated that he was impressed with the need he saw. Commissioner Barfield MOVED, Retchin to approve funding in the Food Bank of the Lower Cape Fear contractual basis. Upon vote UNANIMOUSLY. SECONDED by Commissioner amount of $20,000 to the from contingencies on a the MOTION CARRIED Commissioner 0' Neal stated on behalf of Ms. Schaffer, Chairman of the Board of Education, proclamation would be signed designating May 4, Hanover County Teacher Appreciation Day. Lucille that a as New n APPROVAL OF CONSENT AGENDA Commissioner Retchin MOVED, SECONDED by Commissioner O'Neal to approve the following Consent Agenda Items. Upon vote the MOTION CARRIED UNANIMOUSLY. l ~ Abatement and Refund for Auto Sales of Wilmington, Inc. for a Portion of 1985-1987 Taxes Incorrectly Listed The Commissioners approved release of 1985-1987 taxes in the amount of $3,770.14 and refunded $2,685.52 to Auto ~ MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) 12.9 Sales of Wilmington, Inc. which was incorrectly listed as all being inside the city limits. Only part of the business personal property was located inside the city limits. Acceptance of Report of Additional RSVP (Aging) Grant for $1,438 Awarded. The Commissioners accepted a report that the County has been awarded an additional $1,438 to the RSVP (Aging) Grant making a total of $45,004. I Adoption of Bid Resolution #21-188 Awarding Sheriff's Department Uniforms The Commissioners adopted Bid Resolution awarding the low bid to American Uniform Sales, Fayetteville, NC in the amount of $15,006.25 for for the Sheriff's Department. Bid for #21-188 Inc. of Uniforms A copy of Bid Resolution #21-188 is contained in Exhibi t Book XVI., page 1 7 . Release of Fire Service Impact Fees to Seagate Volunteer Fire Department The Commissioners released Fire Service Impact Fees in the amount of $6,889.89 received from Landfall to Seagate Volunteer Fire Department. Proclamation Designating May 4, 1988, as New Hanover County Teacher Appreciation Day The Commissioners proclaimed May 4, 1988, as Teacher Appreciation Day in New Hanover County. A copy of the proclamation is contained in Exhibit Book 1VI_, page 1 7 . I Approval of Budget Amendment #88-0274 - Museum The Commissioners approved the following amendment for the Museum: budget 88-0274 Museum Debit Credit Museum M & R Buildings and Grounds Professional Services $19,108 100 Transfer to Other Funds (to Museum Expansion Capital Project) $19,218 Museum Expansion Capital Project Operating Transfer In (from General Fund) $19,218 Museum Expansion Capital Project Waterproofing 19,218 Transfer of waterproofing funds from FY 1987-88 General Fund Budget to Museum Expansion Capital Project is necessary so that waterproofing work can be performed when design plans establish which sides of the building will be exposed. I Approval of Budget Amendment #88-0275 - Print Shop The Commissioners approved the following amendment for the Print Shop: budget I . 88-0275 Prlnt Shop Debit Credit Print Shop Charges $5,000 Printing Charges $5,000 Due to overwhelming printing and copying by expenditures and revenues remainder of FY 1987-88. amount of various will show commercial outside County departments, increase for the ~ '13'0 MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) PROCLAMATION COMMEMORATING NEW HANOVER HUMAN RELATIONS COMMISSION'S 25TH ANNIVERSARY Theo McClammy, staff member of the Human Relations Commission announced a press conference on Monday, May 9, 1988, at which the proclamation will be read and presented and extended an invitation to the Commissioners to attend the 25th Year Anniversary Celebration at the Wilmington Hilton on May 12, 1988. Commissioner Corbett MOVED, SECONDED by Commissioner Retchin for adoption of a Proclamation commemorating New Hanover Human Relations Commission's 25th Anniversary. Upon 0 vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is contained in Exhibit Book XV1l', page 1 7 . PRESENTATION OF THE NEW HANOVER COUNTY FISCAL YEAR 1988-89 BUDGET The County Manager presented his budget recommendations for New Hanover County for the fiscal year 1988-89, requiring $30,571,284 in current property taxes, based on a $.71 county-wide tax rate. Commissioner Barfield stated that old police cars are currently being utilized as patrol cars in surveillance against drug dealing, and recommended that different type cars be purchased for this purpose. Commissioner Barfield requested the Commissioners to consider adding this to the budget. A copy of tl:1e, recommended budget is in the Clerk's Office for public review. PRESENTATION OF THE RECOMMENDED NEW HANOVER COUNTY FISCAL YEAR 1988-89 BUDGET BY THE BOARD OF FIRE COMMISSIONERS Mr. Aubrey Rivenbark, Chairman of the Board of Fire 0 Commissioners, presented their recommended Fiscal Year 1988-89 Fire District budget. He stated that it represents a seven percent increase over last year plus a $5,000 special equipment purchase for each Volunteer Fire Department, with no increase in the Fire District tax. Mr. Rivenbark called attention to the Travel, Meetings and Schools line item, stating the item is for schools for hazardous material training to be used by each department. The total recommended budget is $992,582. A copy of the recommended budget is in the Clerk's Office for public review. PUBLIC HEARING TO SOLICIT PROPOSALS FOR THE COMMUNITY REVITALIZATION CATEGORY OF 1988 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Wanda Coston, Planner, presented three possible areas wi thin Phase One of the county-wide sewer proj ect for the County's Community Development Block Grant Program to include activities in which a majority of funds are directed toward improving, preserving, or developing residential areas; addressing the national objective of benefitting low and moderate income persons; and/or aid in the prevention or elimination of slums and blight. Commissioner Barfield asked why the Wrightsboro area was omitted in the proposal. Ms. Coston stated the area was not suggested because a comprehensive survey had not been done. There is a time constraint of May 20, and the data for Wrightsboro will not be available by then. o Chairman Dolan asked if anyone present wished to speak on this proposed Community Development Block Grant. No one commented. \~ MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) ~ _'1'31 Chairman Dolan expressed concern that if funds are broken up nothing is accomplished, that the major problem of plumbing should be addressed first. commissioner Barfield MOVED, Retchin to approve application Community Development Block Grant $600,000 for the following areas County-wide sewer project: SECONDED by Commissioner for 1988 Small Cities Program in the amount of wi thin Phase One of the I Area A extends from the unincorporated area of Market Street to Judges Road and along Eastwood Road to Vision Drive. Area B extends from Allens Lane, Westbrook and Rogers Avenues along Wrightsville Avenue and Eastwood Road to Norwood Drive. Area C is located within the Seagate Community, units located along Greenville, Myrtle, Park, Lame and Bagley Avenues. Upon vote, the MOTION CARRIED UNANIMOUSLY. I PUBLIC HEARING FINAL CLOSEOUT PROCEDURE: GRANT NUMBER 84-C-6878 - AMHOIST Wanda Coston, Planner, presented the amended plan for the County's proposed plumbing rehabilitation assistance program, stating that in accordance with the agreed settlement between the County and the Department of Natural Resources and Community Development for final closeout of the AmHoist Grantin the amount of$2'16 9:6<i"-.1 .~~ $i94;997 has been bGdg~ted in fis~al year 1988-8~ and'~h~ ~emaining~Z~~966 i~ to ,bEOO l?u~geted :1P J.fiscqi ~~year: =L9 8 9.", 9 0 '; w-ij:h .prio,r'ity..-Of flroviding as.s i::;tance tc?_ low-=::.income, per-s,ons -wi.th empha's is. on owner-oc~upied dwelling, 'uni ts. - Chairman Dolan asked if anyone present wished to speak on the Final Closeout Procedure for Amhoist Grant Number 84-C-6878. No one commented. Commissioner Barfield expressed concern of $5,000 being offered to low-income households to make the necessary improvements to bring the unit in compliance with the minimum plumbing code, to run the necessary sewer connection lines, and pay the tap-on fee for connection to the sewer system. Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to close out the AmHoist Grant Number 84-C-6878, wi th the plan as presented by the Planning Staff with the exception of changing the limit on the maximum amount of the grant for plumbing improvements, running the sewer connection lines and paying the tap-on fee for connection to the sewer system from $5,000 to $4,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the approved plan and Certificate of Completion are contained in Exhibit Book XVI~, page 17. I TABLED ACTION OF ITEM 12, 13, AND 14 UNTIL AFTER A WORK SESSION WITH PLANNING STAFF ON THE MASTER ADDRESS PLAN Chairman Dolan asked if anyone present wished to speak on this issue. The following persons commented giving suggestions that as much notice be given as possible to those addresses destined to be changed; to do a good selling job as to why the changes are necessary to persons to be affected, section by section; and not changing any more addresses that are necessary, requesting continuance until the public has been properly informed. Mr. Van Reid Ms. Marie Hatcher Mr. Harold Dobbins ~ 132 MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) Rev. John Ormand Vice-Chairman O'Neal stated that the Planning Staff has a prepared master address plan, however, it takes time to implement such a plan and recommended they be allowed to go ahead with the system. Commissioner Barfield suggested that the Commissioners go as a group to the 911 System to observe its relationship with the Master Address Plan. Commissioner Retchin stated concern that a consistent numbering system is necessary throughout the County, then the area in question can be pinpointed quickly. o Commissioner Corbett and Commissioner Barfield stated that the majority of the Commissioners, at the last meeting, understood that they were to review the Master Address Plan, have a public hearing and make related decisions at the June 6, 1988, meeting. He expressed concern that their directions were not followed. Chairman Dolan stated that the process be continued with the comprehensive plan to include everyone in the County on the same system in order to accomplish results with respect to police, fire, and medical emergencies. He emphasized the importance of the 911 System. The discussion led to a MOTION by Vice Chairman O'Neal to have the Planning Staff and the 911 System staff continue working together according to the Master Plan. Chairman Dolan amended the MOTION to continue with any improvements as necessary in the 911 System and continue this public hearing as suggested by Rev. Ormand. The MOTION FAILED DUE TO A LACK OF A SECOND. Commissioner Barfield MOVED, SECONDED by Commissioner Retchin that the Planning Staff make a presentation of the Master Address Plan and how it interrelates with the 911 System at a Work Session on May 16, 1988, at 5:00 o'clock p.m. Upon vote, the MOTION CARRIED AS FOLLOWS: [l Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman Dolan Noe: Vice Chairman O'Neal Vice Chairman O'Neal stated he voted against the motion on the basis that it doesn't give instructions to staff to proceed with anything, but calls for a work session so they can explain it to the Commissioners. Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to delay the following public hearings until the first meeting in June. Item 12 continued Public Hearing Address Assignments on Masonboro Sound Road including Sylvan Lane ~ and Magnolia Drive Located in Masonboro Township from its 'i,J Easterly Manner, thence Southerly and thence Westerly to its Terminus with Masonboro Loop Road. Item 13 Public Hearing Address Assignments on Masonboro Loop Road and Grissom Road Located in Masonboro Township from its Intersection with Pine Grove Drive/Masonboro Sound Road extending in a Southerly Direction to its Terminus/Intersection with Pine/Grissom Road. I I j !~ Item 14 Public Hearing Address Assignments and Reassignments of House and Business Numbers on Castle Hayne MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) 133 ~ Road from the Northern Corporate Limits extending North to its Intersection with located in Cape Fear Township. of Wilmington Holland Drive Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING FOR ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE WEST SIDE OF US 1217, NORTH OF ROCK HILL ROAD IN AN R-20 RESIDENTIAL DISTRICT Chairman Dolan opened the Public Hearing. I Dave Weaver, Assistant Planning Director, presented information pertinent to the request for a Special Use Permit, stating that no negative comments have been received about placement of the mobile home and that the petitioner had met all of the stated requirements. Chairman Dolan asked if anyone was present who wished to give testimony on the Special Use Permit to come forward to be sworn in. The following person was sworn in by the Deputy Clerk: Mr. Jerald Davis Chairman Dolan asked Mr. Davis if he agreed with all of Mr. Weaver's statements. Mr. Davis agreed with all of the statements. Chairman Dolan asked if anyone was present who wished to speak in opposition of the Special Use Permit. No one commented. Chairman Dolan closed the public hearing. I Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to grant the Special Use Permit after hearing the evidence drawing the following conclusions and approving the condi tions as recommended by the Planning Staff: ( 1) the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) the use does meet all required conditions and specifications; (3) the use will not substantially injure the value of adjoining or abutting property; and (4) the 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. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, page 33. PUBLIC HEARING FOR REZONING THE REAR PORTION OF A 5.29 ACRE TRACT (.57 OF AN ACRE) ON THE WEST SIDE OF US 421 SOUTH, APPROXIMATELY 400 FEET. SOUTH OF ANTOINETTE DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL Chairman Dolan opened the public hearing. I Dave Weaver, Assistant Planning Director, stated that the Planning Board and staff recommended approval of the rezoning request. Chairman Dolan asked if anyone present wished to speak in opposition of the rezoning request. No one commented. Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to rezone the rear portion of a 5.29 acre tract (.57 of an acre) on the west side of US 421 South, approximately 400 feet south of Antoinette Drive to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 134 MINUTES OF REGULAR MEETING OF MAY 2, 1988 ( CONTINUED) A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 19, 1971, is contained in Zoning Ordinance Book II, Section, Page 26. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE APPROXIMATELY 2.81 ACRES ON THE SOUTH SIDE OF PARMELE ROAD APPROXIMATELY 240' WEST OF NORTH COLLEGE ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL - DENIED Chairman Dolan opened the public hearing. Chairman Dolan asked if anyone present wished to speak n in favor of the rezoning request. Comments were heard by the following: Mr. Leo Bridgers, representing the petitioner Dave Weaver, Assistant Planning Director, stated that a number of residents had appeared before the Planning Board in opposition to this rezoning, which is generally surrounded by residential property and a church. Mr. Weaver explained that the proposed rezoning would be inconsistent with several policies in the Land Use Plan and that the Planning Board voted against the rezoning. Commissioner Corbett stated concerns of having B-1 Business directly across from a church. Chairman Dolan asked if anyone present wished to speak in opposition of this rezoning. No one commented. Commissioner Corbett MOVED, SECONDED by Vice Chairman 0' Neal to deny rezoning approximately 2.81 acres on the south side of Parmele Road approximately 240' west of North College Road to B-1 Business from R-15 Residential. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THEn I., PLANNING BOARD TO REZONE APPROXIMATELY 10 ACRES ON THE EAST , SIDE OF US 421 OPPOSITE GRAND CHAMPION ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL - DENIED Chairman Dolan opened the public hearing. Chairman Dolan asked if anyone present wished to speak in favor of the rezoning request. Comments were heard by the following: Mr. Steve Unger, petitioner Mr. Doug Clifton, realtor Commissioners Barfield, Corbett and Retchin suggested the petitioner apply for a Special Use Permit for the Driving Range. Chairman Dolan asked if anyone present wished to speak in opposition of the proposed rezoning. Comments were heard by the following: Mr. George Raper Mr. Donald Petersen Commissioner Corbett MOVED, SECONDED by Retchin to deny the rezoning of approximately the east side of US 421 opposite Grand Champion Business from R-15 Residential. Upon vote CARRIED UNANIMOUSLY. Commissioner 10 acres on Road to B-2 the MOTION n PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT ESTABLISHING FLEXIBLE DESIGN REQUIREMENTS FOR PRIVATE STREETS Chairman Dolan opened the public hearing. Sam Burgess, Planner, stated that this amendment would allow for more flexibility for subdivision developments that ~ MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) 135 ~ elect to have private roads as long as they have established homeowner covenants for the maintenance of those roads. The Planning Department staff recommended approval of the text amendment. Chairman Dolan asked if anyone present wished to speak in favor of or in opposition of the proposed text amendment. No one commented. I Vice Chairman 0' Neal MOVED, SECONDED by Commissioner Retchin to adopt AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965, to modify Section 52-4 Streets. Upon vote, the MOTION CARRIED UNANIMOUSLY. Upon vote the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED FOR SPECIAL MEETING OF THE WATER AND SEWER DISTRICT Commissioner Retchin MOVED, SECONDED by Chairman Dolan to recess from Regular Session to hold a special meeting of the Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dolan convened from regular session at 9: 15 o'clock P.M. Chairman Dolan reconvened to regular session at 9: 32 o'clock P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND COUNTY ATTORNEY Issuance of Fire Works Permit to Geneva Corporation I Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the issuance of a Fire Works Permit to Geneva Corporation for a fireworks display on May 14, 1988, between 9:30 p.m. and 9:45 p.m. on the Inland Waterway in front of the residence of F. James Becher, Jr. at 1229 Great Oaks Drive, Wilmington, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Bid Resolution #2-488 - Department of Social Services Commissioner Retchin MOVED, SECONDED by Vice Chairman O'Neal to adopt Bid Resolution #2-488 awarding lowest bids to Office Showcase. of Wilmington, N. C. in the amount of $39,924.50 for executive and steno chairs and COECO of Wilmington, N.C. in the amount of $17,514.46 for side chairs and stacking chairs for use by the Department of Social Services. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of Bid Resolution #2-488 and Bid Tabulation is contained in Exhibit Book XVI, page 17. Appreciation to Mr. Bill Edwards - State Ports Authority I Commissioner Corbett expressed appreciation to Mr. Bill Edwards, Director of State Ports Authority, who has done an outstanding job for this area. He is leaving to become a customer of the Ports Authority. Appreciation for the County Manager's Bi-Weekly Status Report Commissioner Corbett stated that the Bi-Weekly Status Report from the County Manager was an excellent idea. It was a consensus of the Commissioners that this report is necessary to keep them informed. Request by the Convention and Visitors Bureau for Additional Funds From the Room Occupancy Tax Funds ~ 136 MINUTES OF REGULAR MEETING OF MAY 2, 1988 (CONTINUED) Commissioner Retchin stated that the Convention and Visi tor's Bureau has requested additional funds from the Room Occupancy Tax fund balance, by changing the formula so that they could utilize a larger portion of the Room Occupancy Tax. Vice Chairman O'Neal expressed concern that the authority was given to the Port, Waterway and Beach Commission to recommend disbursement of those funds. commissioner Barfield suggested that the decisions for disbursements of the funds and recommendations remain the responsibili ty of the Port, Waterway and Beach Commission because of the very serious erosion problems and funding cuts. o Receipt of Gift from Arts Council Vice Chairman O'Neal announced that he represented the County at the annual meeting of the Arts Council of the Lower Cape Fear and accepted two lovely coffee mugs for the County Commissioners. Good Wishes for the Election of Incumbent Commissioners Chairman Dolan wished Commissioners Barfield and Retchin good luck in the primary election. No Smoking Policy in Old Courthouse County Manager Cooper stated that the Architect and Consultant on the Old Courthouse expressed concern regarding the potential damage to the newly renovated courthouse that could be caused by smoking. He recommended a policy that there be no smoking in the structure until a plan is developed. It was a consensus that no smoking be 0 allowed in the Old Courthouse until a county-wide plan is developed. Approval of Change in Solid Waste Disposal Bond / / .r County Attorney Pope, upon recommendation of Finance and Engineering staff, requested an increase in the amount of the Solid Waste Disposal Bond Issue from $25,000,000 to $27,500,000 realizing that if the total amount is not needed, the bond will not be issued. He stated the reason for the request is that the Consultant estimates the total cost of the project will be $24,500,000 and capitalized interest will be $2,500,000 million and one half million for contingencies. Commissioner Retchin MOVED, SECONDED by Vice Chairman 0' Neal to change the Proposed Solid Waste Disposal Bond Issue for the Steam Plant Improvements from $25,000,000 to $27,500,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Retchin MOVED, SECONDED 0' Neal to adj ourn. Upon vote the UNANIMOUSLY. by Vice Chairman MOTION CARRIED Chairman Dolan adjourned the meeting at 10: 30 0' clock o P.M. lif'L A;t~~~d, y B. Bra::,T eputy Clerk ,.