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1988-10-03 Regular Meeting ~ MINUTES ~9~ OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) Discussion of Bond Issue Publicity Assistant County Manager, Mary Gornto, presented a schedule of events and presentations for informing the public bf the $27.5 million steam plant expansion bond referendum on November 8, 1988. She requested the Commissioners to review the schedule and inform her of events they would like to attend. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Greer Vice-Chairman Retchin Absent: Commissioner Corbett Chairman O'Neal Vice-Chairman Retchin adjourned the meeting at 4:10 o'clock P.M. Respectfully submitted, ~ v()'~ Lucie F. Harrell Clerk to the Board MINUTES OF REGULAR MEETING, OCTOBER 3, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 3, 1988, at 4:00 o'clock P.M. in the General Assembly Room of the New Hanover County' Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Robert. G. Greer; Vice-Chairman Fred Retchin; Chairman Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order. DISCUSSION OF PROPOSED SMOKING COURTHOUSE ANNEX Discussion was held on the by Judge Napoleon B. Barefoot, Judge Elton G. Tucker. POLICY FOR JUDICIAL BUILDING AND proposed Smoking Policy presented Judge Charles E. Rice, III and Vice-Chairman Retchin stated he felt additional smoking areas should be designated in the Judicial and Annex Buildings; however, he could not approve the policy as presented. A lengthy discussion was held on the purchase of exhaust fans and ventilation systems that would allow smoking areas for the judicial building. Commissioner Barfield commented on the functions of courts being different from other offices and MOVED, SECONDED by Commissioner Corbett to allow the Judges to smoke in Chambers and requested the County Manager to work with the Judges in designating two additional smoking areas in the Judicial and Annex Buildings. Upon vote, the MOTION CARRIED UNANIMOUSLY. REQUEST' FOR VARIANCE FROM "NO SMOKING" POLICY - NEW HANOVER COUNTY GARAGE Mr. Henry Jones, an employee of the Garage, requested the Commissioners to consider a variance from the "No Smoking" Policy for the garage. After discussion of establishing designated ~- 4( - c ~'." I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 ( CONTINUED) ,., 283 smoking areas in County buildings, it was the consensus of the Board to place this item on the next agenda. DISCUSSION OF $100 CIVIL PENALTY ON VEHICLE DISCOVERIES Tax Administrator Register commented on the recently enacted $100 civil penalty on vehicle discoveries stating the legislature imposed a severe penal ty with no sound mechanism for administering the law. He stated the law reads as follows: "if discovered property is a motor vehicle and the County Assessor determines from the records of the Department of Motor Vehicles that the owner falsely certified he listed then the Assessor shall add a penalty of $100." A lengthy discussion was held on determining a false certification through an electronic match with the Department of Motor Vehicles. Tax Administrator Register stated the County Attorney and he feel that an electronic match would be sufficient to determine that certification has been made. The cost involved to the County would be approximately $52,000; however, the Department of Motor Vehicles is not prepared to perform this function. Tax Administrator Register recommended following the law as mandated imposing the $100 penalty with the understanding that new software must be prepared for the 1989 listing. He stated this will necessitate hiring or providing additional personnel in the programming section of MIS since the Tax Department is limited in resources and cannot perform work of this type. County Manager Cooper stated the County must comply to the law and that, in his opinion, no action is needed. He assured the Commissioners that he and the Tax Department will work out the administrative problems involved in imposing the penalty. After further discussion, Commissioner, Barfield MOVED, SECONDED by Commissioner Corbett to follow the law as written. . Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF LEASE BETWEEN NEW HANOVER COUNTY AND AERONAUTICS INC. FOR LEASING OF THE OLD CONTROL TOWER AND FUNDS TO RENOVATE THE FACILITY Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to approve a lease between New Hanover County and Aeronautics, Inc. authorizing the Airport staff to begin renovations; directing the County Attorney to prepare a contract requiring the County to provide space for a Customs Facility for at least 120 months with Aeronautics paying the actual cost of renovations plus 2% simple interest on the declining balance in 120 monthly installments; and to authorize funding for the project in the amount of $125,000 based upon engineering estimates. The floor was opened for discussion. Chairman O'Neal asked if the Old Control Tower was the only space accept~ble to Customs stating calls have been received from persons expressing concern for this location since Aeronautics, Inc. would be the only eligible bidder. Airport Chairman Ashby stated Customs would have located on any space available; however, the Old Control Tower has been discussed since the beginning of negotiations with this site being approved by Customs; therefore, to present another location or plan at this time would require an additional six months and the possibility of Customs relocating to another airport. After further discussion, Chairman O'Neal called for a vote on the MOTION as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ .2 8r-4NUTES OF REGULAR MEETING OF OCTOBER 3, 1988 ( CONTINUED) APPROVAL OF LEASE BETWEEN NEW HANOVER COUNTY AND SIGNATECH, INC. FOR LEASE OF TWO (2) ACRES OF LAND AT THE AIRPORT TO CONSTRUCT A HANGAR Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to approve a lease agreement between New Hanover County and Signatech, Inc. for lease of two (2) acres of land for construction of a hanger at the Airport with authorization for the Chairman to execute the documents upon approval by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF AIRPORT TERMINAL HOLD ROOM - NEW HANOVER COUNTY lnj AIRPORT County Manager Cooper presented a plan for the Hold Room and the proposed expansion of this area. He stated no plan for expansion has been recommended due to no commitments from the airlines; however, the architect feels six gates will be necessary but not essential at this time; therefore, he recommends shelling in the Hold Room to accommodate six gates before construction of the apron with completion of the interior as needed. He stated the proposed expansion will cost an additional $500,000 and that the Airport Commission has approved the concept. Commissioner Barfield questioned where additional funds will be obtained. County Manager Cooper stated funding alternatives will be presented to the Commissioners wi thin the next four weeks. He requested the Commissioners to approve a Work Authorization to the architect's contract for design of the additional portion of the Hold Room. Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve a Work Authorization to the architect's contract for design of the additional portion of the Hold Room before construction of the apron. Upon vote, the MOTION CARRIED UNANIMOUSLY. [J County Manager Cooper recommended scheduling a joint meeting with the Airport Commission at the new terminal in order to see the facility and discuss funding alternatives. After discussion, it was the consensus of the Board to schedule a j oint meeting within the next month. DISCUSSION OF FUNCTIONS AND DUTIES OF THE AIRPORT COMMISSION Commissioner Corbett stated with recent action toward developing an Airport Authority, he would like to know if the duties of the Airport Commission have changed? County Manager Cooper stated the County Attorney is in the process of preparing by-laws for an Airport Authority at which time the relationships between the Airport Commission and County will be addressed. He stated the Administrative Staff feels the County is responsible for completing the construction of the terminal, including the financing. Once the terminal is completed, the role of the County Manager will be in the areas of personnel and financial management. Discussion was held on hiring an Airport Manager. Airport Chairman Ashby stated three finalists have been selected and within the next two weeks, a selection will be made. APPROVAL OF REQUEST BY DEUTSCH RELAYS, INC. Mr. Gary Shipman, Attorney representing Deutsch Relays, Inc., commented on denial of the request by Deutsch for extension of water and sewer service from the existing site to the proposed si te. He requested the Commissioners to reconsider denial of this request listing the following facts: r-'" I I i ,",,/ \ " ""- I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) ~ )'2.8~5 1. The site is tenant at the of the site. not suitable for use by any other Airport due to the configuration 2. The plant currently employes 107 employees and within the next five years will employ 300 persons. 3. Real and personal property taxes will increase with expansion of the plant. Mr. Herb Kimbry, Manager of Deutsch Relays, Inc., gave background information on the proposed expansion and the growth of Deutsch Relays. He stressed the importance of the expansion due to space needs and requested the Commissioners to consider a proposal that will offset some of the upfront cost for extending the water and sewer lines. Attorney Shipman stated the estimated cost for extending the water and sewer lines is $60,800. He requested the Commissioners to consider a proposal whereby 50% of the cost for extending the water and sewer lines can be credited to the Deutsch lease. Discussion was held on encouraging development of airport property. Commissioner Corbett commented on providing incentives in order to promote this property. Vice-Chairman Retchin requested the Director of Engineering & Facilities, Ed Hilton, to comment on the Sewer Extension Policy. Director Hilton stated the present Sewer Extension Policy allows an individual to extend the sewer line from the County's line to service their property with the provision to recover a proportionate share from others who may attach to the line within a 15-year period of time. He stated if a variance is granted from this policy, a precedence could be set and impact negatively upon the sewer system. After discussion of the property being unusable and the importance of creating incentives for developing airport property, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to request the County Attorney to prepare a lease agreement between New Hanover County and Deutsch Relays, Inc. providing a credit up to $30,000 for costs involved in extending the water and sewer lines. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESS FOR DINNER Chairman 0' Neal recessed the meeting for dinner from 5: 50 o'clock P.M. to 7:00 o'clock P.M. INVOCATION Reverend David Stitt, Pastor of the First Presbyterian Church, gave the invocation. Boy Scout Alex McDonald of Pack #215 led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve the minutes of the Regular Meeting of September 6, 1988, as presented, and Regular Meeting of September 19, 1988, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman 0' Neal would like to address an item listed on the asked if anyone from the general public an item not listed on the Regular Agenda or Consent Agenda. No one commented. ~ 2 8~s OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) APPROVAL OF CONSENT AGENDA After discussion of Item #13 and Item #14, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS Approval of Budget Amendment Adjusting AIDS Awareness Grant - New Hanover County Health Department The Commissioners approve the following Budget Amendment: 89-0061 Health Department/AIDS Awareness/Black Community o Debit Credit Contracted Services Copying Expense Departmental Supplies Auto Allowance $ 4,032 50 737 200 CDC Minority Grant $ 5,019 Purpose: To adjust AIDS Awareness in the Black Community Grant to the amount that will be received in FY 1988-89 (nine months), three months of the grant will be funded in 1989-90. The grant was approved by the County Commissioners on September 19, 1988. Acceptance of State Grant for AIDS Testing, Approval of PHN Nurse I Position, and Approval of Budget Amendment - New Hanover County Health Department The Commissioner accepted a State Grant for AIDS Testing in the amount of $17,375, and approved a PHN Nurse I position at n Grade 68 with approval of the following Budget Amendment: '--._ 89-0050 Health Department/Epidemiology Debit Credit Federal/CTS Funds State Funds $16,875 500 Salaries and Wages FICA Retirement Medical Insurance Copying Expense Departmental Supplies Uniforms Dues & Subscriptions Auto Expense Travel Capital Outlay - Equipment $12,564 900 1,042 930 150 439 300 150 150 350 400 Purpose: To budget Federal funds of $16,875 received through the Center for Disease Control in Atlanta for community testing sites (CTS) and State funds of $500 to the County for AIDS Education. o Acceptance of 1988-89 Lands Records Management Grant No.89-37 - Planning Department The Commissioners accepted $11,000 of matching funds under the North Carolina Land Records Management Program, authorizing the Chairman to execute the grant agreement with approval of the following Budget Amendment: , \ \ .~ MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) 287 ., 89-0060 Tax Department/Planning Department Debit Credit Tax Department Land Records Management Grant $ 1,000 Planning Department Contracted Services $ 1,000 I Purpose: To budget additional $1,000 awarded. Approval of Budget Amendment for Additional Energy Assistance Payments - Department of Social Services The Commissioners approved the following Budget Amendment: 89-0057 Social Services/Crisis Intervention Program Debit Credit Social Services/Administration Administrative Grants $ 8,985 Social Services/Crisis Intervention Program Assistance Payments $ 8,985 Purpose: Received additional crisis intervention allocation for energy assistance payments. Approval of Budget Amendment for Alternative-to-Detention Position -Cape Fear Substance Abuse Center The Commissioners approved the following Budget Amendment: I 89-0056 Outside Agencies/Cape Fear Substance Abuse Center Debit Credit Outside Agencies/Flow Through Grants CBA Grants $16,421 Non-Departmental Contingencies 4,105 Outside Agencies/Cape Fear Substance Abuse Center Non-Secured Detention $20,526 Purpose: To set up budget for the Alternative-to Detention position to be administered by the Cape Fear Substance Abuse Center. Salary, FICA, and operation expenses will be funded by CBA state funds in the amount of $16,421. County funds in the amount of $4,105 will cover fringe benefits, vacation, holidays, sick, and personnel leave in accordance with the personnel policy of the Cape Fear Substance Abuse Center. I Acceptance of 1988/89 CAMA Grant - Planning Department The Commissioners accepted the CAMA Grant in the amount of $9,216 requiring a $2,270 county match authorizing the Chairman to execute the agreement with approval of the following Budget Amendmen t : 89-0055 Planning Department Debit Credit State Grants $ 6,486 Salaries and Wages Supplies Printing $ 3,203 320 343 ~ 2 ~ES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) Budget Amendment (continued) Travel CAMA Grant Flow Through 350 2,270 Purpose: To budget remainder of CAMA Grant ($5,000 already budgeted). Acceptance of Research Grant for Museum - New Hanover County Museum The Commissioners accepted the American Association for State and Local History Grant in the amount of $4,280 with a 50% local match to complete the script and photograph for a slide-tape program on naval stores and their historic importance in the Lower Cape Fear. The Chairman was authorized to execute the agreement with approval of the following Budget Amendment: II 89-0058 Museum Debit Credit American Association for State and Local History Grant $4,280 Salary and Wages Social Security Departmental Supplies Copying Expense Auto Expense $ 3,498 69 476 12 225 Purpose: To adjust Museum budget for receipt of American Association for State and Local History Grant. Approval of Contract with state Bureau of Investigation for Installation of a DCI Terminal - New Hanover County Airport The Commissioners authorized the Chairman or County Manager to execute a contract with the State Bureau of Investigation for installation of a DCI terminal at the Airport at a cost of $275 per month. Funds have been budgeted in the 1988-89 Budget. Authorization for County Manager to Write a Letter of Agreement for Construction of a Propane Tank as Requested by Union Carbide Corporation The Commissioners authorized the County Manager to write a Letter of Agreement for construction of a propane tank by Union Carbide Corporation on Highway 421 adjacent to property owned by the County for the County Landfill. [l Waiver of Tip Fees for Beach Sweep - Steam Plant The Commissioners authorized wavering of tip Steam Plant for the annual Beach Sweep Program September 24, 1988. fees at the to occur on Approval of Budget Amendment to Cover State Grants for OUtside Agencies The Commissioners approved the following Budget Amendment as presented by the Budget Officer to cover State grants to outside agencies: 89-0062 Various Agencies Debit Credit outside Agencies/Flow Through Grants State Special Appropriation $1,500 II Special Fire District/Fire Departments State Special Appropriation 3,200 Fire District/Fire Departments Castle Hayne VFD Federal Point VFD Myrtle Grove VFD Ogden VFD Seagate VFD South Wilmington VFD Winter Park VFD $ 400 400 400 400 400 400 400 t \ ~ I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) ~ :289 Budget Amendment (continued) Wrightsboro VFD 400 Emergency Medical Services Outside Agencies/Pleasure Island Rescue Squad 300 Outside Agencies Wrightsville Beach/Wrightsville Beach VFD Kure Beach/Kure Beach VFD Carolina Beach/Carolina Beach VFD 400 400 400 Purpose: State special appropriation for volunteer fire departments and rescue squads. (No County funds involved.) Award of Low Bid to Seegars Fence Company for Installation of Ball Field Fence at Cape Fear Optimist Park The Commissioners awarded the low bid to Seegars Fence Company in the amount of $4,516 for installation of a ball field fence at the Cape Fear Optimist Park. The County Manager was authorized to execute the contract. Award of Low Bid to Cape Fear Paving Company for Resurfacing of County Parking Lot on 4th Street The Commissioners awarded the low bid to Cape Fear Paving Company in the amount of $8,785 for resurfacing of the County Parking Lot on 4th Street. The County Manager was authorized to execute the contract. Award of Low Bid to Cape Fear Paving Company for Resurfacing Entrance and Other Parts of the County Garage The Commissioners awarded the low bid to Cape Fear paving Company in the amount of $7,180 for resurfacing the entrance and other parts of the County Garage. The County Manager was authorized to execute the contract. Approval of Tax Refund to Ms. Verna Phillips - Tax Department The Commissioners approved a tax refund to Ms. Verna Phillips in the amount of $2,164.98 (Tax Map #R052-18-001-003-000) as requested by the Tax Administrator. The improvements charged to the parcel were in error and have been corrected for 1988 and charged to the proper taxpayer. PUBLIC HEARING TO CONSIDER ISSUANCE OF REVENUE REFUNDING BONDS IN THE AMOUNT OF $ 2,440,000 BY THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY TO CORNING GLASS WORKS Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal opened the Public Hearing and asked if anyone present would like to speak on issuance of the proposed refunding bonds. The following persons commented: Mr. Wallace C. Murchison, Attorney for the New Hanover County Industrial Facilities and Pollution Control Financing Authority, gave background information on the proposed refunding bond stating a Public Hearing is required by the Internal Revenue Code on the issuance of the refunding bonds, not on the project which had been completed many years ago. He requested adoption of a resolution for issuance of the refunding bonds. Mr. Jack Boor, Manufacturing Controller of Corning Glass Works, 310 North College Road, Wilmington, North Carolina, commented on a $300,000 savings to Corning by obtaining a lower interest rate requesting adoption of the resolution for issuance of the proposed refunding bonds. Commissioner Corbett requested Attorney Murchison to explain the County's liability, if any. Attorney Murchison stated New Hanover County will not obligate itself for the revenue bonds issued by the New Hanover County Industrial Facilities and Pollution Control Financing Authority. The buyers of the bonds '. ~ 2 ~ES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) look solely for payments by the industrial firm to the Authority without any obligation to New Hanover County. Commissioner Barfield MOVED, SECONDED Corbett to close the Public Hearing. Upon CARRIED UNANIMOUSLY. by vote, Commissioner the MOTION Chairman O'Neal closed the Public Hearing. Attorney Murchison read the resolution at length. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Barfield to adopt the resolution for issuance of the refunding bonds in the principal amount of $2,440,000 by the New Hanover County Industrial Facilities and Pollution Control Financing Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. n A copy of the resolution is contained in Exhibit Book XVI, Page 31. ADOPTION OF RESOLUTION FOR ISSUANCE OF REVENUE BONDS BY THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY IN THE AMOUNT OF $3,500,000 TO APPLIED ANALYTICAL, INC. Mr. Wallace C. Murchison, Attorney representing the New Hanover County Industrial Facilities and Pollution Control Financing Authority, requested adoption of a resolution authorizing issuance of revenue bonds in the principal amount of $3,500,000 to Applied Analytical, Inc. to finance costs of the acquisition, construction and installation of industrial facilities for the manufacture of liquid and solid dosage forms of pharmaceutical products in New Hanover County. He stated the bonds are being issued under a Letter of Credit by NCNB National Bank of North Carolina and Deed of Trust and Security Agreement. Attorney Murchison read the resolution in length. G Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to adopt the resolution as presented for issuance of revenue bonds by the New Hanover County Industrial Facilities and Pollution Control Financing Authority in the amount of $3,500,000 to Applied Analytical, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVI, Page 31. PUBLIC HEARING TO HEAR AN APPEAL BY RAIFORD G. TRASK TO CONSIDER REZONING APPROXIMATELY 67 ACRES OF PROPERTY NORTHWEST OF LONG LEAF ACRES FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Appealed Case Z-353) Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating the developer, Planning Staff and residents of the Long Leaf Acres Subdivision have met several times trying reach a compromise; however, no agreement has been reached. He stated the Planning Staff recommended approval of the request with the Planning Board denying the request feeling rezoning would be detrimental to the Long Leaf Acres neighborhood. o Chairman O'Neal asked if the appellant would like to speak in favor of the rezoning request. The following persons commented: Ms. Robin Wicks, Attorney representing the appellant, Mr. Raiford Trask, Sr., commented on meetings held with residents of Long Leaf Acres stating unfortunately no compromise was reached. She presented the revised plan and pointed out the following modifications: \ \ " I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) 291 ,., 1. Deletion of seven acres on the northeast end of the lot. 2. No access along Cardinal Drive with access from Market Street and Vision Drive. Attorney Wicks stated rezoning of the property as presented would be the highest and best use of the land. She respectfully requested the Commissioners to approve the B-2 zoning request. A lengthy discussion was held on the proposed modifications and vacant residential area. Commissioner Barfield expressed concern for commercial encroachment into Long Leaf Acres Subdivision and questioned why the developer was not willing to incorporate the residential portion as a part of Long Leaf Acres Subdivision. Attorney Wicks stated the petitioner feels restricting the use of this property at this time may severely hinder future development of the land within the next ten years. Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. The following persons representing Long Leaf Acres Subdivision commented expressing concern for protection and preservation of their residential neighborhood: Mr. Wayne Nutt Mr. Michael Jordan Chairman O'Neal closed the Public Hearing. After a lengthy period of debate on redefining the lines of the modified plan in trying to reach a compromise that would be acceptable to the developer and neighborhood, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to deny the rezoning request since no agreement can be reached. Upon vote, the MOTION CARRIED UNANIMOUSLY. REQUEST FROM PETITIONER FOR CONTINUANCE OF ITEM #17 Mr. Bert Exum, the petitioner, requested continuance of Item #17, a Public Hearing to consider closing a portion of an unnamed road located between Parsley Woods and Bar Harbor Subdivision. He stated residents of Bar Harbor have requested the entire road to be closed; therefore, he would like to continue the Public Hearing to hear both requests on the same night. County Attorney Pope stated the Intent to Close the Road has been published and requested an opportunity to present a resolution before the Commissioners decide to continue the Public Hearing. After discussion, it was the consensus of the Board to discuss this item as scheduled on the agenda. PUBLIC HEARING TO HEAR AN APPEAL BY DORIS CANADY TO CONSIDER REZONING APPROXIMATELY TWO (2) ACRES ON THE SOUTH SIDE OF EASTWOOD ROAD APPROXIMATELY 150 FEET WEST OF CHARTER DRIVE FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Appealed Case Z-357) Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating the Planning Staff supported the rezoning; however, the Planning Board voted unanimously to deny the request due to the negative impact of commercial expansion on Dixon Acres Subdivision. Chairman O'Neal asked if the appellant would like to speak on the rezoning request. The following persons commented: Ms. Doris Canady, representing the petitioner, Joe Dixon, Jr., presented a map and commented on the land in question stating the best use for this property is for commercial purposes. She requested approval of the rezoning request since the property is now split by two zoning districts which restricts usage of the land. ~ '~ES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) Mr. Vernon Jones, a resident of Dixon Acres, expressed concern for split zoning and requested approval of the rezoning request. Chairman 0' Neal asked if anyone from the general public would like to speak in opposition to the rezoning request. No one commented. Chairman O'Neal closed the Public Hearing. After discussion of commercial encroachment into Dixon Acres Subdivision, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to depy the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. n PUBLIC HEARING TO CONSIDER REMOVAL OF SPECIAL HIGHWAY OVERLAY DISTRICT BOUNDARIES EAST OF PLAZA EAST SHOPPING CENTER ON EASTWOOD ROAD (CASE Z-358) Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated the Planning Staff and Planning Board supported removal of Special Highway Overlay District regulations east of Plaza East Shopping Center. The Planning Board noted existing development and satellite annexations by the Town of Wrightsville Beach had undermined the effectiveness of the Special Highway Overlay District for this area. Planning Director Hayes recommended approval of the request if there is no one present to speak in opposition. Chairman 0' Neal would like to speak commented. asked if anyone from in opposition to the the general request. public No one Chairman O'Neal closed the Public Hearing. Commissioner Barfield Retchin to remove the regulations as requested. UNANIMOUSLY. MOVED, Special Upon SECONDED by Vice-Chairman Highway Overlay District vote, the MOTION CARRIED n A copy of "AN ORDINANCE OF THE COUNTY AMENDING THE ZONING MAP OF ZONING AREA NO. COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, in Zoning Book I, Section 2, Page 29. OF NEW HANOVER 2 OF NEW HANOVER 1969," is contained PUBLIC HEARING TO CONSIDER APPLYING A SPECIAL HIGHWAY OVERLAY DISTRICT TO THE NORTHERN PORTION OF MILITARY CUT-OFF ROAD (CASE Z-361) Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on application of the Special Highway Overlay District regulations to a portion of Military Cut-off Road. The area would include all properties north of Eastwood Road and would terminate at the southern property line of the Ogden Shopping Center. The B-2 District at the northern end was excluded because it was basically developed. The Planning Board also excluded the northeast corner of Eastwood and Military Cut-off (Landfall Center III) because the site had preliminary and final plat plans approved prior to the request. o Director Hayes stated the Planning Board unanimously approved the request and recommended approval if no one present wishes to speak in opposition. Chairman 0' Neal asked if anyone from the general public would like to speak in opposition to the Special Highway Overlay District request. The following person commented: Mr. Jack Moore, representing property owners on Military Cut-off Road, commented on the impact of the Special Highway Overlay District regulations upon residential property. He stated residential property owners have been negotiating with ~ I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 ( CONTINUED) 393 " developers concerning the possibility of constructing a corridor across various properties to provide another access road from the Middle Sound area to Military Cut-off Road and that approval of the Special Highway Overlay District regulations would impact upon these negotiations. He also stated residential property owners were not notified by the Planning Department of the proposed petition; therefore, he respectfully requested the Commissioners to consider taking the following action: 1. Denial of the request. 2. In lieu of denying the request, delay making a decision until property owners have an opportunity to conclude negotiations on an access road for Middle Sound area. Commissioner Barfield asked Planning Director Hayes why residential property owners were not notified. Director Hayes stated residential property owners are not affected by Special Highway Overlay District regulations; therefore, they were not notified. After further discussion, Commissioner Barfield stated every property owner should be notified of any type of change that would impact upon the property and recommended the Planning Staff to change their procedure of notification. After further discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to continue this Public Hearing until November 7, 1988, directing the Planning Department to notify all property owners that can be affected by this request and to include notification to all property owners as a standard procedure in future requests. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF OAKLEY ROAD APPROXIMATELY 600 FEET WEST OF THE CASTLE HAYNE ROAD (S-292) Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the issuance of the Special Use Permit stating the four general requirements have been met. Chairman 0' Neal requested anyone present wishing to give testimony on the issuance of the Special Use Permit to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: Ms. Donna Brattan Planning Director Hayes asked Ms. Brattan, the petitioner, if the statements presented by the Planning Staff were correct. Ms. Brattan stated she concurred with statements as presented. Chairman 0' Neal asked if anyone from the general public would like to speak in opposition to the issuance of the Special Use Permit. No one commented. Chairman O'Neal closed the Public Hearing. Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to grant the issuance of a Special Use Permit after hearing the evidence as presented making the following FINDINGS OF FACT and drawing the following CONCLUSIONS: (1) the proposed use does satisfy the first general requirement; namely the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted; (2) the proposed use does satisfy the second general requirement; namely that the use meets all required conditions and specifications; (3) the proposed use does satisfy the third general requirement; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and ( 4) the use does satisfy the fourth general requirement; namely the location and character of the use if developed according to the plan as submitted and ~ 2 ~s OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) 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 35. BREAK Chairman O'Neal recessed the meeting for a break from 9:10 o'clock P.M. to 9:25 o'clock P.M. n I " .-J PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO EXPAND EXISTING MOBILE HOME PARK (S-293) Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the request stating the existing mobile home park (Park Place) was approved for twelve spaces prior to the adoption of zoning for the area; however, septic tank problems allowed for development of only nine spaces wi thin the original park boundary. The petitioner is requesting to expand the park by three spaces which will be adjacent to the existing park. Director Hayes stated when researching this request, it was found that the County issued two septic tank permits in error creating confusion in the plan approved by the County and the plan reviewed by the Health Department. He requested the Commissioners to confirm the two uses when considering this request. Chairman 0' Neal requested anyone present wishing to give testimony with reference to issuance of the Special Use Permit to step forward to be sworn in by the Clerk. The following person was sworn in: Mr. Marty Kalnen ~ I , I '" - )- Chairman O'Neal asked if the petitioner or anyone present would like to speak in favor of issuing the Special Use Permit. The following person commented: Mr. Marty Kalnen, the petitioner, commented on establishing the mobile home park in 1984, and requested the Commissioners to approve the proposed expansion. Planning Director Hayes asked Mr. Kalnen if he agreed with the statements as presented by the Planning Staff. Mr. Kalnen stated he concurred with the statements as presented. Chairman O'Neal asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. No one commented. Chairman O'Neal closed the Public Hearing. Commissioner Greer MOVED, SECONDED by Commissioner Corbett to grant the Special Use Permit and approve the two uses previously granted based upon the following FINDINGS OF FACTS AND CONCLUSIONS: (1) the proposed use does satisfy the first general requirement of the Zoning Ordinance; namely that 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 proposed use does satisfy the second general requirement in the Zoning Ordinance; namely that the proposed use meets all required conditions and specifications; (3) the proposed use does satisfy the third general requirement in the Zoning Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and (4) the proposed use does satisfy the fourth general requirement; namely, that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which ~ '-- _/ \ \ ~ I I I MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 ( CONTINUED) 295 ., it will 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 35. PUBLIC HEARING TO CONSIDER A SUBDIVISION ORDINANCE TEXT AMENDMENT TO MODIFY CERTIFICATE OF OWNERSHIP TO ALLOW SEWER EASEMENT IN CONSERVATION SPACE AND SETBACK AREAS (A-183) Planning Director Hayes stated this item was continued from the last meeting in order for the Planning Staff to notify interested developers and surveyors. He stated after review of the Text Amendment, the Engineering Department, County Attorney, and Planning Staff, feel this amendment is not necessary. After discussion of the present Subdivision Ordinance addressing the certificate of ownership dedication, Commissioner Greer MOVED, SECONDED by Commissioner Corbett to take no action on the proposed Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO ADOPT REGULATIONS REQUIRING INSTALLATION OF FIRE HYDRANTS FOR CERTAIN RESIDENTIAL AND COMMERCIAL DEVELOPMENTS (A-184) Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated the proposed Text Amendment will establish a fire hydrant requirement in subdivisions and developments that have adequate water supply. The State regulates the size and specifications for installation of water systems in subdivisions and developments; therefore, if a development meets the State requirements for hydrants the proposed Text Amendment will authorize the County to require placement of hydrants. Mr. Chris Elrod, Fire Marshal for New Hanover County, commented on the importance of response time in fire fighting stating 40% of the ISO rating is based upon water supply. He stated the proposed Text Amendment will enable the Volunteer Fire Departments to keep up with water supply requirements for new developments and also allow them to apply for ISO ratings in a shorter period of time which will reduce fire insurance premiums for homeowners. Chairman 0' Neal asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Chairman O'Neal closed the Public Hearing. After discussion of costs involved to developers for installation of fire hydrants, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to adopt regulations requiring the installation of fire hydrants for certain residential and commercial development. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969" is contained in Exhibit Book XVI, Page 31. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF AN UNNAMED ROAD LOCATED BETWEEN PARSLEY WOODS AND BAR HARBOR SUBDIVISIONS (SC-42) County Attorney Pope stated as a result of a recent case decided by the Court of Appeals the Board of Commissioners are required to perform the following steps before closing a roadway or passage way: 1. The roadway or passage way must be a "Public" way. ~ 2 ~s OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) 2. In order to become a "public" way, the roadway or passage way must be irrevocably dedicated to the public with acceptance of the offer of dedication by New Hanover County. County Attorney Pope stated the unnamed road located between Parsley Woods and Bar Harbor Subdivision has been offered for dedication but has never been accepted as a public way. He stated since the petitioner has requested continuing this Public Hearing, the Commissioners must first accept the offer of dedication to create a public way prior to closing a portion of the road. n Discussion was held on closing of roads. Vice-Chairman Retchin asked if the Board has closed roads that have not been dedicated to the public. County Attorney Pope stated prior to this recent court case, there are probably some roads closed that have not been dedicated. He stated in the future, a resolution will be prepared by the Legal Department for acceptance of the offer of dedication of a road to the public before any roadway or passage way is closed. A lengthy discussion was Commissioner Greer suggesting present state. He asked the withdraw his request. held on the unnamed road with the road remain unopened in its peti tioner if he would like to Mr. Bert Exum, representing the petitioner, Landmark Organization, withdrew the petition with no action being taken. PUBLIC HEARING TO CLOSE AN UNNAMED ROAD ADJACENT TO BRADLEY DRIVE SUBDIVISION (SC-43) Chairman O'Neal opened the Public Hearing. Mr. Pete Lewis, the petitioner and Agriculture Extension Director, presented a plan of the Arboretum commenting on the importance of closing the unnamed road stating all adjacent property owners have signed a petition to close the road. n Chairman 0' Neal asked if anyone from the general public would like to speak in favor of or in opposition to closing the unnamed road. No one commented. Chairman O'Neal closed the Public Hearing. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to adopt a resolution accepting the offer of dedication to the public of the unnamed roadway running between Oleander Drive and Old Military Road as shown on a map of Bradley Drive Subdivision recorded in Map Book 8, Page 16, of the New Hanover County Registry. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Greer MOVED, SECONDED by Vice-Chairman Retchin to adopt the order closing the unnamed road as presented by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and order are contained in Exhibit Book XVI, Page 32. PUBLIC HEARING TO CONSIDER NAMING A PRIVATE DRIVE LOCATED IN MASONBORO TOWNSHIP TO SHOEMAKER LANE (SN-42) Chairman O'Neal opened the Public Hearing. n Planning Director Hayes gave background information on the proposed street name stating adjoining property owners have been \ ,. \ ~ ! It , "" ~- ", MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 ( CONTINUED) ~97 -.., notified. He stated the petitioner was present earlier but had left the meeting. Chairman O'Neal asked if anyone from the general public was in opposition to naming the private drive to Shoemaker Lane. No one commented. Chairman O'Neal closed the Public Hearing. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to adopt the order renaming the private drive to Shoemaker Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVI, Page 32. PUBLIC HEARING TO CONSIDER ADDRESS ASSIGNMENTS FOR BLUE CLAY ROAD AND NORTH COLLEGE ROAD Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the proposed address assignments for Blue Clay Road and North College Road. Chairman 0' Neal asked if anyone from the general public would like to speak in opposition to the address assignments as presented. No one commented. Chairman O'Neal closed the Public Hearing. Commissioner Corbett MOVED, SECONDED by Commissioner Greer to adopt orders for assignment of house numbers on Blue Clay Road and North College Road as presented by the Planning Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the orders are contained in Exhibit Book XVI, Page 32. APPROVAL OF BUY AND SELL AGREEMENT BETWEEN NEW HANOVER COUNTY AND LUETTE W. BRADLEY FOR PROPERTY INVOLVED IN THE MUSEUM EXPANSION PROJECT - NEW HANOVER COUNTY MUSEUM Assistant County Manager, Mary Gornto, presented the Buy and Sell Agreement between Ms. Leutte W. Bradley and New Hanover County as requested at the previous meeting. In exchange for Mrs. Bradley's property, the County will move her home to a new lot on the corner of Ninth and Dock Streets and make the necessary repairs to obtain a Certificate of Occupancy. Additional compensation will be made to Mrs. Bradley as indicated in the agreement. Commissioner Barfield asked if Ms. Bradley was completely satisfied with the agreement and if she was represented by legal counsel. Assistant County Manager Gornto and County Attorney Pope stated Ms. Bradley was satisfied with the agreement and did not desire legal counsel. Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to approve the Buy and Sell Agreement as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF PROCLAMATION DESIGNATING NOVEMBER 7-11, 1988, AS "NEW HANOVER COUNTY BUCKLE UP WEEK" Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to adopt a proclamation designating November 7-11, 1988, as "New Hanover County Buckle Up Week". Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is contained in Exhibit Book XVI, Page 32. ~ r;~3 MINUTES OF REGULAR MEETING OF OCTOBER 3, 1988 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS Reclassification of Six Positions - Department of Social Services Vice-Chairman Retchin stated the Office of State Personnel approved a reclassification plan for social work and eligibility positions in December, 1987, with implementation of the changes by July 1, 1988. Six positions were reclassified by the State after this date; therefore, the DSS Board respectfully request approval of the reclassifications as follows with no additional funding required: 2 - Social Worker Supervisor II (P.G. 69) to SWS III (P.G. 71) 1 - Human Services Coordinator III (P.G. 68) to SW II (P.G. 66) 1 - Social Worker II (P.G. 66) to SW III (P.G. 68) 1 - Day Care Services Coordinator (P.G. 68) to SWS II (P.G. 69) 1 - Income Main. Caseworker I (P.G. 61) to IMC II (P.G. 63) (j '---'" Commissioner Corbett MOVED, SECONDED Barfield to approve the reclassifications as vote, the MOTION CARRIED UNANIMOUSLY. by Commissioner requested. Upon Discussion of Scheduling a Public Hearing on Solid Waste Control Vice-Chairman Retchin asked if a date has been scheduled to hold a Public Hearing on Solid Waste Control. Chairman 0' Neal stated he was working with Ms. Nancy Pritchett, Director of Keep America Beautiful, in recruiting speakers for this forum and that he would keep the Commissioners informed. Discussion of Lawsuit by B & B Properties County Attorney Pope commented on the lawsuit by B & B Properties with reference to the properties at Shandy Point. He requested authorization for Pete Avery to execute the discovery documents. Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to authorize Staff Planner, Pete Avery, to execute the discovery documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. (;? '~ DISCUSSION OF OPAQUE OVERHEAD PROJECTOR Discussion was held on purchasing a opaque Overhead Projector for the General Assembly Room. It was the consensus of the Board to direct the County Manager to purchase the projector. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 10:20 o'clock P.M. ~~ct~~, ~. Harrell Clerk to the Board r;y ~~~ ~