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1988-06-06 Regular Meeting .ji81 " MINUTES OF REGULAR MEETING, JUNE 6, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 1988, at 7: 00 0' 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; Vice-Chairman, Nolan O'Neal; Assistant County Manager, Mary Gornto; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman John M. Dolan was absent. Vice-Chairman O'Neal called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend John Richards, Rector of St. Marks Episcopal Church, gave the invocation. Jeff Wiggs and Jason Church of Boy Scout Troop #255 lead the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the following minutes as presented: Regular Meeting of April 18, 1988 Regular Meeting of May 2, 1988 Regular Meeting of May 16, 1988 Budget Hearings of May 9, 1988 Continued Meeting of May 10, 1988 I Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan NON-AGENDA ITEMS Vice-Chairman O'Neal asked if anyone present would like to speak on an item not listed on the Regular Agenda or an i tern listed on the Consent Agenda. The following person commented: Request for Exemption of Wastewater Impact Fee Mr. Richard Lucus, Route 6, Box 198, Murrayville Road, expressed concern for being charged a $375 impact fee when moving a house which had been located on his property since 1967 to an adjoining piece of property. He requested exemption of the fee. I Director of Engineering & Facilities, Ed Hilton, stated if the house had remained on the original location on the original lot, the Wastewater Impact Fee would not have been charged; however, when relocating a residence the fee would apply. After further discussion of the circumstances involved, it was the consensus of the Board to request Director Hilton to further investigate this request. APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, Retchin to approve the Consent floor was opened for discussion. SECONDED by Commissioner Agenda as presented. The .~ 16.8 MINUTES OF REGULAR MEETING, JUNE 6, 1988 ( CONTINUED) Assistant County Manager, Mary Gornto, requested approval of the Consent Agenda with a correction to Item #16, stating the Credit should be $4,660. Commissioner Corbett commented on Item #2, asking if an exact location had been selected for placement of the Veterans Memorial at Hugh MacRae Park. Assistant County Manager Gornto stated the area being considered would be around the pond. Commissioner Corbett commented on Item #6 expressing concern for public use of the new Assembly Room in the renovated Courthouse asking if the proposed regulations will adequately protect the room. Assistant County Manager Gornto stated the regulations recommended are to encourage use but at the same time control and protect the new facility. [J After further discussion, Commissioner Barfield AMENDED HIS MOTION to include correction of Consent Agenda Item #16 as requested by the Assistant County Manager. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan CONSENT AGENDA ITEMS Adoption of Proclamation Designating June 12-18, 1988 as HURRICANE AWARENESS WEEK in New Hanover County The Commissioners adopted a Proclamation designating the week of June 12-18, 1988, as HURRICANE AWARENESS WEEK in New Hanover County. o A copy of the proclamation is contained in Exhibit Book XVI, Page 20. Adoption of Resolution Designating a Portion of Hugh MacRae Park for Placement of Memorial to Community Veterans The Commissioners adopted a resolution designating a portion of Hugh MacRae Park for placement of a memorial honoring community veterans. A copy of the resolution is contained in Exhibit Book XVI, Page 20. Adoption of Resolution Authorizing the Chairman or Vice-Chairman to Execute Contracts for Non-County Agencies The Commissioners adopted a resolution authorizing the Chairman or Vice-Chairman to execute contracts with Non-County Agencies for the amount of funding approved in the Fiscal Year 1988-89 Budget. A copy of the resolution is contained in Exhibit Book XVI, Page 20. Adoption of Resolution Deleting 0.12 of a Mile of State Road 1100 The Commissioners adopted a resolution as requested by the N. C. Department of Transportation to delete from the State Secondary Road System 0.12 of a mile of State Road 1100, from State Road 1140 to State Road 1101. n LJ A copy of the resolution is contained in Exhibit Book XVI, Page 21. \ ~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 ( CONTINUED) 1.69 " Authorization for Disposal of Surplus Property at Joint City/County Auction The Commissioners authorized the Finance Director to dispose of vehicles and any surplus equipment as proposed by Property Management at the joint City/County Auction to be held on June 25, 1988. A list of vehicles to be disposed of is contained in Exhibit Book XVI, Page 21. I Approval of Regulations for Public Use of the Courthouse Assembly Room and Approval of Reservation and Policy Agreement Form The Commissioners approved "Regulations for Public Use of the Courthouse Assembly Room" and a "Reservation and Policy Agreement Form" as presented. Copies of the regulations and form are contained in Exhibit Book XVI, Page 21. Approval of Revisions to Cash Management Policies for New Hanover County The Commissioners approved revisions to Cash Management policies as presented by the Director of Finance. A copy of the revised plan is contained in Exhibit Book XVI, Page 21. Acceptance of Annual Certification Roster for Active Firemen of the New Hanover County Airport Public Safety Office The County Commissioners authorized the Chairman to execute the Certification Roster of active firemen for the New Hanover County Airport Public Safety Office. I A copy of the Certification Roster is contained in Exhibit Book XVI, Page 21. Approval of Assignment of Bid for Tax Foreclosure Sale to James H. Pridgen The Commissioners authorized the Chairman to execute an Assignment of Bid to James H. Pridgen at the tax foreclosure sale due to property originally intended to be offered for sale to the general public not the City and County. A copy of the Assignment of Bid is contained in Exhibit Book XVI, Page 21. Approval of Closing Private Driveway Jointly OWned by New Hanover County and Sutton Corporation The Commissioners authorized the Chairman to execute an exchange of deeds for closing a private driveway on property located in the Southeast quadrant of Grace Street and Second Street owned jointly by New Hanover County and Sutton Corporation. I Approval of Lease Agreement Between New Hanover County and Nashville Eagle, Inc. for Lease of Space at Airport The Commissioners approved execution of a lease agreement between New Hanover County and Nashville Eagle, Inc. effective May 9, 1988, and ending September 30, 1990, for lease of space at the Airport. (Nashville Eagle bought out AVAir/American Eagle due to bankruptcy.) Approval of Budget Amendment - Health Department 88-0324 Health Department/Women, Infants & Children (WIC) Debit Credit WIC Grant $ 7, 944 Salaries and Wages $3,444 ~ 170 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) Budget Amendment (Continued) Departmental Supplies Auto Expense Travel, Meetings & Schools Debit Credit 1,700 100 2,700 Purpose: Additional State revenue budgeted for the cost of full-time nutritionist (approved by County Commissioners on 4/18/88) and to cover related operating expenses. 88-0325 Health Department Debit Credit [J Approval of Budget Amendment - Health Department Home Health Home Health Fees - Medicare $20,000 Home Health Salaries and Wages 10,000 Professional Services Auto Expense Departmental Supplies $20,000 1,000 11,000 Family Planning Salaries 2,000 Purpose: (1) To cover increased revenue due to increase in visits. (2) To cover increased services due to increase in case load. (No additional County funds required.) Approval of Budget Amendment - Tax Department and Planning Department 88-0321 Tax Department/Planning Department Debit Credit [l Tax Department Land Records Grant $10,000 Planning Department Salaries and Wages Contracted Services $ 7,000 3,000 Purpose: Allocation of Land Records Grant for maps application and digitizing. Approval of Budget Amendment - Airport 88-0331 Airport Debit Credit Airport Concessions $56,250 Interest on Bonded Debt $56,250 Purpose: To set up interest payment due on $1,800,000 Bond Anticipation Notes. 88-0338 Library Debit Credit o Approval of Budget Amendment - Library Contributions $4,660 Supplies (Books) $4,660 Purpose: Proposed Allocation of gift money and proceeds from the Friends of the Library Book Sale. \~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 ( CONTINUED) 171 ., Report of Budget Amendments for Entry Into Record The following Budget Amendments were approved by the Budget Officer and reported for entry into the record: 88-0299 Emergency Services Debit Credit Other Revenue $2,321 I Telephone Expense Postage Expense Auto Supplies - Gas Travel, Meetings & Schools Printing Maintenance & Repair - Auto Salaries and Wages $ 991 50 150 100 200 300 530 Purpose: Unanticipated revenues used to fund expenditure short falls due to Operation Red Tide and SARA Title III. 88-0323 Health/Home Health Debit Credit Home Health Fees - Medicare $2,016 Salaries and Wages FICA Retirement - LGERS Medical Insurance $1,673 123 136 84 I Purpose: (1) Additional State revenue due to increased case load. (2) Due to increased case load, new Community Technician position needed (to be paid for by generated revenue) approved by County Commissioners on 4/18/88 meeting. 88-0320 Outside Agencies/Guardian Ad Litem Debit Credit Non-Departmental Contingencies $280 OUtside Agencies Guardian Ad Litem $280 Purpose: To fund office space rent for the Guardian Ad Litem Program as approved by County Commissioners on May 16, 1988. 88-0301 Non-Departmental Debit Credit Non-Departmental Contingencies $39,000 I Sheriff's Department Capital Outlay - Equipment $39,000 Purpose: To transfer funds from Contingencies to Sheriff's Department to purchase four (4) cars for drug enforcement approved by the County Commissioners on May 9, 1988. Adoption of Resolutions Accepting Offers to Purchase Surplus Property OWned by New Hanover County and the City of Wilmington The Commissioners adopted resolutions accepting offers to purchase surplus property owned by New Hanover County and the City of Wilmington as follows: ~ 172 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) Parcel Number R04813-018-018.000 R04813-018-019.000 R05413-027-010.000 Address 613 N. 8th Street 615 N. 8th Street 1200 S. 6th Street Amount of Offer $ 820 820 1,980 $3,620 Total Offer 1983 Ad Valorem Tax Value $4,070 Parcel Number R04813-021-010.000 R04813-023-026.000 Address 824 Campbell St. 824 Campbell St. Amount of Offer $ 516 498 n Total Offer $1,014 1983 Ad Valorem Tax Values $1,690 Copies of the resolutions are contained in Exhibit Book XVI, Page 22. PUBLIC HEARING ON PROPOSED INDUSTRIAL REVENUE BOND FINANCING AND INTENTION TO SUBMIT AN APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF COMMERCE FOR APPROVAL OF AN INDUSTRIAL PROJECT FOR APPLIED ANALYTICAL INDUSTRIES, INC. Mr. Wallace Murchison, representing the New Hanover County Industrial Facilities and Pollution Control Financing Authori ty, stated Applied Analytical Industries, Inc. appeared before the Commissioners on March 9, 1988, requesting issuance of industrial revenue bonds in the amount of $2,500,000 with the Board approving the project in principle. He stated since this date Applied Analytical Industries, Inc. has requested the Industrial Facilities and Pollution Control Financing Authority to increase the bond issue to $3,500,000 which was approved by the Authority on May 16, 1988, with another Public Hearing being scheduled on June 6, 1988, for re-approval of the project by the County Commissioners as amended. He respectfully requested the Commissioners to open the Public Hearing. n Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to open the Public Hearing. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Vice-Chairman O'Neal asked if anyone present would like to comment on the proposed proj ect. The following person commented: Mr. Scott Bannerman, Controller of Applied Analytical Industries, Inc., stated the request for additional funding was to purchase equipment which had been underestimated in the original project. He respectfully requested re-approval of the project. commissioner Barfield MOVED, SECONDED by Commissioner Retchin to close the Public Hearing. Upon vote, the MOTION CARRIED AS FOLLOWS: r lJ Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Mr. Murchison read the resolution at length. l \ ~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 (.CONTINUED) .173 ~ I Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to adopt the resolution as read and presented approving the following items: ( 1) the proj ect in principle; (2) issuance of Revenue Bonds by the New Hanover County Industrial Facilities and Pollution Control financing Authority in a principal amount not to exceed $3,500,000; (3) authorization for the Clerk to the Board of Commissioners to provide a certified copy of the resolution to the North Carolina Department of Commerce; and (4) the resolution shall take effect immediately upon passage. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the resolution is contained in Exhibit Book XVI, Page 22. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY NINE ( 9 ) ACRES ON THE SOUTHEAST SIDE OF U. S. 17 APPROXIMATELY 2,000 FEET NORTHEAST OF EASTWOOD ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL Vice-Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously voted in favor of the B-2 zoning. He recommended approval of the rezoning request if no one present wished to speak in opposition. I Vice-Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. No one commented. Vice-Chairman O'Neal closed the Public Hearing. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve rezoning approximately nine (9) acres on the Southeast side of U. S. Highway 17 approximately 2,000 feet Northeast of Eastwood Road to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 9 - B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is contained in Zoning Book II, Section 9-B, Page 65. I PUBLIC HEARING TO CONSIDER REZONING .36 ACRE ON THE SOUTH SIDE OF EASTWOOD ROAD, 200 FEET WEST OF CHARTER DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL Vice-Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously approved the B-2 zoning based on surrounding land uses and no significant threats to established residential developments located to the southeast. Vice-Chairman O'Neal asked if anyone present would like to speak in favor of the rezoning request. The following person commented: .....1 .174 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) Ms. Doris Canady, representing the petitioner, Ms. Evelyn Johnson, respectfully requested approval of the rezoning request in order to expand the B-2 zoning to cover the entire tract. Vice-Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. No one corrunented. Vice-Chairman O'Neal closed the Public Hearing. corrunissioner Corbett MOVED, SECONDED by Corrunissioner 0 Barfield to approve rezoning .36 of an acre located on the south side of Eastwood Road, 200 feet west of Charter Drive to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: corrunissioner Barfield corrunissioner Corbett Corrunissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9 - B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1977," is contained in Zoning Book II, Page 66. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY PLANNING BOARD TO REZONE APPROXIMATELY 18 ACRES ON THE SIDE OF U. S. HIGHWAY 117 ADJACENT TO HERITAGE SUBDIVISION TO B-2 BUSINESS FROM AR AIRPORT RESIDENTIAL Vice-Chairman O'Neal opened the Public Hearing. THE EAST PARK Corrunissioner Corbett asked to be excused from 0 participating or voting on the rezoning request since he is part owner of an adj acent piece of property. It was the consensus of the Board to excuse Corrunissioner Corbett from discussion and voting on the rezoning issue. Planning Director Hayes stated the recorrunended denial feeling the rezoning encroachment on adjacent residential property encourage strip zoning on Castle Hayne Road. Planning Board would be an and would also ~ "'-, Staff Planner, Pete Avery, presented slides. Vice-Chairman 0' Neal asked if any consideration had been given to some other zoning such as 0 & I. Staff Planner, Pete Avery, stated zoning the property 0 & I or B-1 would not afford the petitioner the type of use needed for the facility to be constructed. Vice-Chairman O'Neal asked if anyone present would like to speak in favor of the rezoning request. The following persons corrunented: Mr. Joe Jacobus, a petitioner representing Marsh Cabinets, and Mr. Billy Miller, a petitioner representing Installation Energy Systems, Inc., presented slides and 0 expressed concern for denial of the rezoning request by the Planning Board stating the area in question was basically zoned for corrunercial uses instead of residential use. Mr. Jacobus stated after holding neighborhood meetings with adjacent property owners, it was the consensus of the group that rezoning the front section of the property would be acceptable to all persons involved. Mr. Billy Miller corrunented on the building to be constructed and access to the property stating negotiations were currently being held with Mr. Eddie Corbett as to the '~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) .175 ~ possibility of acquiring an easement from Castle Hayne Road to Blue Clay Road to relieve congestion and provide better access. Vice-Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: I Mr. Ed Ennis, representing his mother and father who are adjacent property owners, stated his parents did not obj ect to rezoning the front portion of the property but would be opposed to rezoning the entire parcel. Vice-Chairman O'Neal closed the Public Hearing. After a lengthy discussion of setbacks and the proposed change in the original request, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to continue the Public Hearing until June 20, 1988, requesting the Planning Staff to work with the petitioners in submitting a request ref lecting the exact portion of the front section of the property to be rezoned to B-2 Business with a minimum setback of 100 feet. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman O'Neal Excused: Commissioner Corbett Absent: Chairman Dolan I PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD FOR A ZONING TEXT AMENDMENT TO MODIFY SETBACK REQUIREMENTS FOR NON-RESIDENTIAL USES ALONG THE PERIMETER OF A PLANNED DEVELOPMENT DISTRICT Vice-Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the Zoning Text Amendment stating the Planning Staff initiated the request due to inconsistencies with recent changes in the buffering requirement for commercial and industrial uses when adjoining either residential uses or subdivided lots that may be vacant. He stated the Planning Staff felt the same buffering requirement should apply to a Planned Development District. The Planning Board disagreed due to the amount of acreage involved and multi-uses within a Planned Development District. Vice-Chairman O'Neal asked if anyone present would like to speak on the proposed Text Amendment. The following person commented: I Mr. Andy Ammons, the appellant and developer of NorthChase, stated the proposed Text Amendment does not apply to any existing residential buffers or setbacks only when two non-competing, non-residential uses are side by side. He respectfully requested approval of the Text Amendment stating Planned Unit Development should be able to use the same setbacks as required in other development throughout the County. Vice-Chairman O'Neal closed the Public Hearing. After a lengthy discussion on clarification of wording in the proposed Text Amendment, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to continue this Public Hearing until July 5, 1988, in order to receive clearly defined data pertaining to the proposed amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett ~ 176 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan PUBLIC HEARING TO CONSIDER A MOBILE HOME TEXT AMENDMENT TO ESTABLISH A ONE ( 1 ) YEAR VALIDITY PERIOD FOR APPROVED PRELIMINARY PARK PLANS Vice-Chairman O'Neal opened the Public Hearing. Planning Director Hayes, the proposed Text Amendment amendment is to establish consistent with the one now performance subdivisions. gave background information on stating the purpose of the a validity period that is imposed on conventional and o Vice-Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Vice-Chairman O'Neal closed the Public Hearing. Vice-Chairman O'Neal expressed concern for wording in proposed Text Amendment with reference to approving one-year extensions requesting this period be established for a one-year extension. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the Mobile Home Park Text Amendment with a change in wording of the last sentence in Section V 5.4(1) to read as follows: The Director may approve a one-year extension of preliminary site development plans. Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal o Upon vote, the MOTION CARRIED AS FOLLOWS: Absent: Chairman Dolan A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE MOBILE HOME AND TRAILER PARK ORDINANCE OF NEW HANOVER COUNTY ADOPTED MARCH 2, 1970," is contained in Ordinance Book I, Page 5. PUBLIC HEARING TO CONSIDER ADDRESS ASSIGNMENTS FOR CASTLE HAYNE ROAD, MASONBORO LOOP ROAD AND GRISSOM ROAD, MASONBORO SOUND ROAD, SYLVAN LANE, AND MAGNOLIA DRIVE Planning Director Hayes stated the requests to consider address assignments for Castle Hayne Road, Masonboro Loop Road, Grissom Road, and Masonboro Sound Road, Sylvan Lane, and Magnolia Drive were continued Public Hearings. He requested direction of the Board in proceeding with the address changes. Adoption of Ordinance for Assignment of House Numbers on Castle Hayne Road Vice-Chairman O'Neal opened the Public Hearing to consider address assignments for Castle Hayne Road. He asked if anyone present wished to speak in favor of or in opposition to the house number assignments. No one commented. o Vice-Chairman O'Neal closed the Public Hearing. Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt an ordinance as presented by the Planning Department assigning house numbers on Castle Hayne Road. Upon vote, the MOTION CARRIED AS FOLLOWS: \ \~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) 177 ", Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the ordinance is contained in Exhibit Book XVI, Page 22. I Postponement of Assigning House Numbers on Grissom Road, Sylvan Lane and Magnolia Drive Vice-Chairman O'Neal opened the Public Hearing. Vice-Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to address assignments on Grissom Road. The following person commented in opposition: Ms. Marie Hatcher, 1073 Grissom Road, presented a petition from residents living on Grissom Road requesting the Commissioners to allow house numbers on this street to remain the same. Vice-Chairman O'Neal closed the Public Hearing. After discussion of the possibility of future road name changes for Sylvan Lane and Magnolia Drive, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to postpone assignment of house numbers on Grissom Road, Magnolia Drive, and Sylvan Lane. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the petition presented by Ms. Marie Hatcher is on file in the Clerk's office. Adoption of Ordinance Assigning House Numbers on Masonboro Loop Road Vice-Chairman O'Neal opened the Public Hearing. Vice-Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to address assignments on Masonboro Sound Loop Road. No one commented. Vice-Chairman O'Neal closed the Public Hearing. Commissioner Retchin MOVED, SECONDED by Vice-Chairman 0' Neal to adopt an ordinance as presented by the Planning Department assigning house numbers on Masonboro Loop Road. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the ordinance is contained in Exhibit Book XVI, Page 22. Adoption of Ordinance Assigning House Numbers on Masonboro Sound Road Vice-Chairman O'Neal opened the Public Hearing. Vice-Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to address assignments on the Masonboro Sound Road. No one commented. ~ 178 !f 1 ~ !! it ) 'I :! i :1 i 'i i \, MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) Vice-Chairman O'Neal closed the Public Hearing. Commissioner Retchin MOVED, SECONDED by Vice-Chairman O'Neal to adopt the ordinance as presented by the Planning Department to assign house numbers on Masonboro Sound Road. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan o A copy of the ordinance is contained in Exhibit Book XVI, Page 23. ADOPTION OF ORDINANCE REQUIRING PROPERTY OWNERS, AGENTS OR OCCUPANTS OF ANY HOUSE, BUILDING OR MOBILE HOME TO PROPERLY DISPLAY NUMBER ASSIGNED BY NEW HANOVER COUNTY PLANNING DEPARTMENT Commissioner Retchin stated a draft ordinance had been presented at the previous meeting to require display of house numbers. He present an amended ordinance dealing with the description of the numbering process requiring numbers at least three inches in height. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan o A copy of the ordinance is on file in the Clerk's office for codification into the New Hanover County Code. BREAK Vice-Chairman O'Neal recessed the meeting for a break from 8:30 o'clock P.M. to 8:40 o'clock P.M. PUBLIC HEARING TO CONSIDER RENAMING GORDON ROAD (SR 2048) TO MICHAEL JORDAN PARKWAY LOCATED IN HARNETT TOWNSHIP BEGINNING AT THE I-40/GORDON ROAD INTERSECTION EXTENDING EAST TO ITS TERMINATION WITH U. S. HIGHWAY 17 (MARKET STREET) Vice-Chairman O'Neal opened the Public Hearing asking if the applicants or anyone from the general public would like to comment in favor of renaming Gordon Road. The following persons spoke in favor of the renaming request expressing their desire to pay tribute to Michael Jordan, a native of New Hanover County, whose athletic ability and outstanding character have been recognized internationally: Applicants: Mr. Joe Augustine, Executive Director Chamber of Commerce Ms. Helen S. Herstine, Administrative Assistant, Parks & Recreation City of Wilmington o General Public: Mr. Michael Bellamy Mr. L. C. McKinnon Vice-Chairman O'Neal asked if anyone present would like to speak in opposition to the street renaming request. The following persons spoke expressing concern for: (1) paying tribute to one particular athlete when many famous persons and athletes have been natives of New Hanover County; (2) renaming a road that represents history of the County; and (3) expenses incurred by citizens when changing addresses: MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) 179' ., General Public: Ms. Oliver Godwin Mr. R. J. Davis Mr. Winston Thompson Ms. Marcelle Austin Ms. Oliver Godwin presented a petition containing eighty-five (85) signatures of property owners on Gordon Road opposed to the name change. I Ms. Marcelle Austin suggested naming the portion of 1-40 located in New Hanover County to Michael Jordan Parkway stating the residents in the Gordan Road area would not object to this designation. Vice-Chairman O'Neal closed the Public Hearing. After a lengthy discussion of naming parks, athletic fields, or forming a Hall of Fame in the New HanQver County Museum or renovated Courthouse to pay tribute to outstanding persons, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to direct the New Hanover County Museum Board of Trustees to select an Ad Hoc Advisory Committee to prepare recommendations for various ways to recognize native citizens who have accomplished notoriety in various fields whether athletic or in other areas. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Voting Nay: Commissioner Barfield Absent: Chairman Dolan I Commissioner Barfield expressed concern for not addressing this particular issue stating the Public Hearing was called to consider renaming Gordon Road. Discussion was held on comments presented by the public, particularly with reference to designating the portion of I-40 located in New Hanover County as Michael Jordan Parkway. After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to petition the North Carolina Department of Transportation to name the portion of I-40 located in New' Hanover County, Michael Jordan Parkway. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan I A copy of the petition presented by Ms. Oliver Godwin is on is file in the Clerk's office. BREAK Vice-Chairman O'Neal recessed the meeting for a break from 9:35 o'clock P.M. to 9:45 o'clock P.M. ADOPTION OF RESOLUTION REQUESTING STATE AND FEDERAL AUTHORITIES TO INITIATE IMMEDIATE ACTION TO FACILITATE THE RECOMMENDED AND AUTHORIZED BEACH EROSION CONTROL PROJECT FOR THE NATIONAL HISTORICAL MONUMENT AT FORT FISHER, NORTH CAROLINA After discussion of the importance of protecting the Fort Fisher area, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt a resolution requesting State and Federal Authorities to facilitate a recommended and ~ :180 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) authorized beach erosion control project for the National Historical Monument at Fort Fisher, North Carolina. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan The Clerk was requested to forward copies of the resolution to the Mayor of Carolina Beach and Mayor of Kure Beach. o A copy of the resolution is contained in Exhibit Book XVI, Page 23. COUNTY OWNED HOUSES IN MUSEUM PLANNING AREA DECLARED SURPLUS PROPERTY After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to declare as surplus property two housing units located at 15 South 8th Street and 6 South 9th Street authorizing the County Attorney to dispose of the units in accordance with North Carolina Statutes with any funds collected from the transactions being earmarked for the Museum Expansion project. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan APPROVAL OF REQUEST BY THE U. S. S. NORTH CAROLINA BATTLESHIP 0 COMMISSION TO DISPOSE OF DREDGE MATERIAL AT POINT PETER After discussion of the request by Director of Engineering & Facilities, Ed Hilton, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the request by the U.S.S. North Carolina Battleship for disposal of dredge material at Point Peter from the Fall of 1988 through the Winter of 1989 subject to the provision that this project does not interfere with any other projects for which the County may be responsible. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan APPROVAL FOR MR. RAY CHURCH TO EXECUTE MONTHLY REPORTS AND APPLICATIONS TO RENEW PERMITS FOR DISCHARGE TREATED WATER FROM THE COUNTY LANDFILL TO THE NORTHEAST CAPE FEAR RIVER After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to delegate authority to Mr. Ray Church, New Hanover County's Environmental Specialists, to fl_~ execute monthly reports and applications to renew permits for discharge treated water from the County Landfill to the Northeast Cape Fear River. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) .18.1 ., DISCUSSION OF NEW HANOVER COUNTY SEWER SYSTEM ADMINISTRATIVE POLICIES Director of Engineering & Facilities, Ed Hilton, presented the following cases pertaining to Sewer System Administrative policies requesting further direction and clarification of the Board's intent for policies to address these situations: I 1. Policy governing circumstances of residential units being constructed during the period of time when design of Sewer Collection System was completed but before the construction of the sewer system. These units are not being served by the sewer even though they are in the phase where sewer is being constructed. Under the original policy these persons would be responsible for extending the sewer system themselves. After discussion of the original policy, it was the consensus of the Board that this requirement would be quite costly, and the Engineering Department was requested to further study this issue to see if financial assistance would be available for citizens effected by this situation. Staff Recommendation: With no funding available, staff recommends not requiring these individuals to tie into the system. Commissioner Corbett MOVED, SECONDED Commissioner Retchin to establish a policy which will not require residential units being constructed during the period of time when design of the Sewer Collection System was completed but before construction of the Sewer System to extend the line to serve their property. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Vice-Chairman 0' Neal expressed concern for performing staff work stating decisions of this type are quite complicated suggesting further study and recommendations by the Engineering Department. County Attorney Pope recommended writing a Sewer Ordinance that will address overall problems to be incurred and at the same time prepare a Policy Manual to go hand in hand with the ordinance so each individual circumstance will not have to come before the Board of Commissioners. After discussion, it was the consensus of the Board to request the County Attorney and Engineering Staff to develop a Policy Manual with recommendations addressing circumstances that have occurred. The manual is to be presented to the Commissioners for final approval. I 2. Exemptions: When an individual is granted exemption, no fee is charged. If at a later date individual wishes to tie into the sewer system, should full tape fee be charged in lieu of the reduced rate? an an the Staff Recommendation: The individual should pay full tap fee in lieu of the reduced rate. the After discussion, it was the consensus of the Board to charge the full tap fee in lieu of the reduced rate as recommended by the Engineering Staff. ~ 1~8.2 MINUTES OF REGULAR MEETING, JUNE 6, 1988 ( CONTINUED) 3. If an individual entitled to pay the reduced tap fee fails to connect within the prescribed six-month period, should the full tap fee be charged? Staff Recommendation: The individual should be required to pay the full tap fee which would apply to all user classifications. After discussion, it was the consensus of the Board to charge the full tap fee applicable to all user classifications as recommended by the Engineering Staff. o ADOPTION OF AMENDMENT TO ARTICLE X, CHAPTER 12, "OFFENSES" - SECOND READING Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adopt an amendment to Article X, Chapter 12, "Offenses" as presented upon the first reading on May 16, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the amendment is on file in the Clerk's office for codification into the New Hanover County Code. ADOPTION OF AMENDMENT TO NEW HANOVER COUNTY WATER AND SEWER ORDINANCE FOR SEWAGE TREATMENT PLANT IMPACT FEE TIME PAYMENT PLAN - SECOND READING Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adopt an amendment to the New Hanover County Water and Sewer Ordinance for inclusion of the Sewage Treatment Plant Impact Fee Time Payment Plan as presented at 0 the May 16, 1988, meeting upon the first reading. Upon i., vote, the MOTION CARRIED, AS FOLLOWS: , Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the amendment is on file in the Clerk's office for codification into the New Hanover County Code. APPROVAL OF AMENDMENT TO COUNTY PERSONNEL PROCEDURES TO MODIFY THE METHOD OF PAYMENT FOR MILITARY LEAVE Sheriff Joe McQueen commented on the current Military Leave policy whereby permanent employees who are members of the National Guard or Armed Forces Reserve will be entitled to ten (10) work days military training leave with pay for certain specified periods of service. He requested exemption from the policy and authorization to enact the following policy in the Sheriff's Department: Employees of the New Hanover County Sheriff's Department will be allowed ten (10) work days military training leave. During the ten (10) days allowed for active duty training, Sheriff Department employees will receive the differential pay between military pay and regular government pay if the military pay is the lesser. Any employee who volunteers for training beyond the required ten (10) days will receive no compensation in the form of differential pay. In the event of an emergency or disaster, those employees called to serve by the National Guard or Armed Forces Reserve will receive their regular salary. n I : "-_..J \ MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) 183 ,., Sheriff McQueen stated this policy would be in the best interest of the Sheriff's Department since law enforcement requires constant utilization of personnel. He stated when an employee is absent due to military training, another employee must be paid overtime to work in that position. This involves compensating one employee for military training and at the same time paying another employee overtime salary. I Commissioner Retchin expressed concern for establishing a different Military Leave Policy for the Sheriff's Department stating he felt the policy as recommended should apply to all County employees. A lengthy discussion was held on recei ving regular pay from the County as pay. Discussion was also held on the worked in the Sheriff's Department. County employees well as military shifts and hours After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to amend New Hanover County's Military Leave Policy as recommended for the Sheriff's Department and all other County employees effective September 1, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan I ADOPTION OF RESOLUTION AUTHORIZING RENEWAL OF $1,800,000 AIRPORT FACILITIES BOND ANTICIPATION NOTES County Attorney Pope requested adoption of a resolution authorizing renewal of $1,800,000 Airport Facilities Bond Anticipation Notes dated June 15, 1988, payable on December 21,1988. Commissioner Corbett MOVED, SECONDED by Retchin to adopt the resolution as presented. the MOTION CARRIED AS FOLLOWS: Commissioner Upon vote, Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the resolution is contained in Exhibit Book XVI, Page 23. ADDITIONAL ITEMS - COUNTY COMMISSIONERS I Discussion of Scheduling a Special Meeting of the Water and Sewer District to Discuss Issuance of Septic Tank Permits Commissioner Barfi~ld recommended scheduling a Special Meeting of the Water and Sewer District to invite local and state health officials to explain the current rules and regulations governing the process of issuing septic tank permits. He emphasized the importance of inviting the public to attend and participate in the discussion since so many complaints have been received on methods used for issuing septic tank permits. After discussion, it was the consensus of the Board to schedule a Special Meeting of the Water and Sewer District ~ .,184 MINUTES OF REGULAR MEETING, JUNE 6, 1988 ( CONTINUED) on Tuesday, July 12, 1988, at 7:00 P.M. in the Assembly Room of the County Administration Building to hear a presentation from local and state Health Department officials explaining current regulations for issuance of septic tank permits. Discussion of Establishing "No Wake" Zone on Cape Fear River at N. C. Wildlife Boat Ramp in Castle Hayne, N. C. Commissioner Barfield requested contacting the North Carolina Wildlife Commission to establish a "No Wake" zone on the Cape Fear River at the Boat Ramp located in Castle Hayne. n After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize the County Attorney to give Public Notice that an application to the N. C. Wildlife Commission will be submitted for establishing a "No Wake" zone on the Cape Fear River in front of the Boat Ramp at Castle Hayne. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal *Copies of the application and resolution are contained in Exhibit Book XVI, Page 23.Absent: Chairman Dolan Discussion of Seating Arrangement in New Assembly Room Commissioner Corbett commented on the seating arrangement of the Commissioners for the new Assembly Room in the renovated Courthouse. He expressed concern for seating arrangements for five (5) Commissioners with no seating spaces for the County Manager or County Attorney. Commissioner Retchin stated the present arrangement is temporary and allows for adjustments to be made before selection of a permanent seating arrangement. n It was the consensus of all present that the County Manager and County Attorney should be provided seating spaces along with the County Commissioners when the permanent fixture is selected. Discussion of Increase in Exemption of Property Tax for the Elderly and Disabled Commissioner Retchin stated the resolution adopted by the New Hanover County Board of Commissioners requesting an increase in the exemption of property tax for the elderly and disabled was forwarded to the North Carolina Association of County Commissioners with the Association forwarding the fOllowing recommendation to the General Assembly: Recommendation: Any increase in the property tax due to a revaluation cycle of any County will be indexed to raise the exemption for the elderly and disabled by that percentage. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Consolidated Contract with Division of Health Services to Accept Grant - Health Department Assistant County Manager Gornto requested the Commissioners to accept a state grant in the amount of $809,529 from the Division of Health Services. o Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to accept the state grant in the amount of $809,529 and authorize the Chairman to execute the contract. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan I I ~ MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) ", ;1~8.5 Discussion of Proposals Received for Personnel Efficiency Study - Department of Social Services Assistant County Manager Gornto stated nine (9) responses have been received for performing the Personnel Efficiency Study for the Department of Social Services with the County Staff selecting four (4) proposals to be presented to the Board of County Commissioners and Board of Social Services. I Discussion was held on the final selection of a firm being made by the Board of County Commissioners. Commissioner Barfield stated the County Commissioners called for the study and should be the only Board involved in making the final selection; however, the Board of Social Services should participate in the interviewing process. Commissioner Retchin expressed concern for the Board of Social Services participating in the interviewing process but not being included in the final selection process. He requested the Commissioners to allow the Board of Social Services to participate in final selection of a firm. Commissioner Barfield stated the study should informative and beneficial pointing out the study is being performed to criticize persons working in Department of Social Services but to assess the work and duties performed by personnel in various sections. be not the load After further discussion, it was the consensus of the Commissioners to invite the Board of Social Services to participate in the reviewing process on Tuesday, July 12, 1988, at 4:00 P.M. with the final selection of a firm being determined by the Board of County Commissioners. I Announcement of Press Conference at Landfill Assistant County Manager Gornto announced a Press Conference will be held by the Secretary of the North Carolina Department of Natural Resources on Friday, June 10, 1988, at 2:30 P.M. at the County Landfill to discuss the Governor's proposed loan/grant program for solid waste. Discussion of FAA Discretionary Funds - Airport Terminal Director of Engineering & Facilities, Ed Hilton, stated the FAA Atlanta District Office has notified staff that the County will receive $500,000 in discretionary funds. He requested the Commissioners to authorize staff to proceed wi th the following proj ect in order to comply with the federal fiscal year deadline of September 30, 1988: Recommendation: Proceed with Partial Project of Apron Paving Project and Taxiway Project Funding Options: (1) Match minimal amount of this project which is a 90/10 split of approximately $2.1 million in federal funds with a local match of $230,000 or I (2) Utilize the $1.2 million in the 1988/89 County Budget plus any funds available in Contingencies. Director Hilton stated if the County utilities all funds available in the 1988/89 Budget plus contingencies and other funds become available, the County will not be able to use this money for replacement of funds; therefore, he recommends Option #1. .....1 186 MINUTES OF REGULAR MEETING, JUNE 6, 1988 (CONTINUED) Commissioner Corbett asked if any word had been recei ved with reference to scheduling a meeting with the Secretary of the U. S. Department of Transportation. Director Hilton stated no confirmation has been received as of this date. Commissioner Retchin MOVED, SECONDED by Vice-Chairman O'Neal to authorize Director Hilton to proceed with the Apron and Taxiway Paving proj ects with local funding as recommended in Option #1 requiring a local match of approximately $230,000. Upon vote, the MOTION CARRIED AS 0 FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan DISCUSSION OF DRAFT CHARTER FOR ESTABLISHING AN AIRPORT AUTHORITY TO BE PLACED ON AGENDA FOR JUNE 20, 1988 Commissioner Corbett requested scheduling a date for discussion of the draft charter presented by the Airport Commission for creating an Airport Authority. After discussion, it was the consensus of the Board to place this item on the agenda for June 20, 1988. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Corbett to adjourn. Upon vote, the MOTION FOLLOWS: Commissioner CARRIED AS Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Vice-Chairman O'Neal adjourned the meeting at 11:05 o'clock P.M. Respectfully submitted, ~v/ )'~ Lucie F. Harrell Clerk to the Board ~ o o