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HomeMy WebLinkAbout1988-12-05 Regular Meeting ~ 334 MINUTES OR REGULAR MEETING, DECEMBER 5, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 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; I County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Herolin Aiken, Pastor of Temple AME Zion Church, gave the invocation. County Attorney, Robert W. Pope, led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Special Meeting of November 14, 1988, and Regular Meeting of November 21, 1988, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to convene from Regular Session to hold a Special Meeting of the New Hanover County Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal convened from Regular Session at 4:25 I o'clock P.M. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened to Regular Session at 4:29 o'clock P.M. PRESENTATION OF SERVICE PLAQUE TO COMMISSIONER ROBERT G. GREER Chairman O'Neal, on behalf of the Board, presented a plaque to Commissioner Robert G. Greer in recognition of outstanding service as a County Commissioner while filling an unexpired term from August 4, 1988, to December 5, 1988. OATHS OF OFFICE ADMINISTERED TO RECENTLY ELECTED COUNTY COMMISSIONERS Clerk to the Board, Lucie F. Harrell, administered Oaths of Office to the following County Commissioners: Commissioner Jonathan Barfield, Sr. Commissioner E. L. Mathews, Jr. Vice-Chairman Fred Retchin XVI, ~~~~e~6 ~f the Oaths of Office are contained in Exhibit Book I ELECTION OF CHAIRMAN Chairman O'Neal opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Chairman O'Neal nominated Vice-Chairman Retchin to serve as Chairman. ~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) 335 ~ .... ... ., There being no further nominations, Chairman O'Neal declared the nominations closed. Vice-Chairman Retchin was elected Chairman of the Board by acclamation. I Chairman Retchin expressed appreciation to his fellow Commissioners for electing him to serve as Chairman of the Board stating he was honored and would strive to handle this responsibility to the best of his ability. He thanked the voters of New Hanover County, his wife, and son for support during the campaign. ELECTION OF VICE-CHAIRMAN Chairman Retchin opened the floor to Vice-Chairman of the Board of County ensuing year. receive nominations for Commissioners for the Commissioner Mathews nominated Commissioner O'Neal to serve as Vice-Chairman. There being no further nominations, declared the nominations closed. Chairman Retchin Commissioner O'Neal was elected Vice-Chairman of the Board by acclamation. BREAK Chairman Retchin recessed the meeting to hold a break from 4:20 o'clock P.M. to 4:35 o'clock P.M. I NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to speak on an issue not listed on the Regular Agenda or an item listed on the Consent Agenda. The following issues were presented and discussed: Approval of Map and Site Plan for Subdivision Located on Pai:sy Lane Mr. James Swails, Attorney representing Mr. Cole Watts, owner of land located on Patsy Lane, commented on a subdivision plan presented to the Planning Board in 1986 with preliminary approval subject to fulfilling road construction requirements. He stated a revised plan was submitted later for establishment of a minor subdivision which did not require construction of various roads and would allow Mr. ~ole to transfer title of six lots. As of this date, septic tank permits have been issued and requirements met; however, the County has not signed off on the revised map; therefore, the map cannot be recorded and the lots cannot be sold. He requested the Commissioners to authorize the Engineering Department to sign off on the revised map so Mr. Cole, who is 91 years old, can obtain revenue from the sale of the lots. I Planning Director Hayes stated in October 1986 a subdivision plan for 8 to 9 lots was presented to the Planning Board with preliminary approval of the original plan contingent upon road construction requirements. The petitioner later presented a revised plan for development of a minor subdivision (a subdivision that does not require street construction) which under the present Sewer Ordinance is considered a new subdivision and requires installation of a dry sewer line before the County can sign off on the final map. Discussion was held on whether the dry sewer line requirement should apply to the revised plan since the original plan was presented in 1986. Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve the revised map as submitted by Attorney Swails for establishment of minor subdivision and waive the requirement for installation of a dry sewer line since the original project was submitted in 1986. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett ~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED) 336 Commissioner Mathews Chairman Retchin Voting Nay: Vice-Chairman O'Neal Vice-Chairman O'Neal expressed concern for making a decision of this type as a non-agenda item without proper documentation and recommendations from the County Engineering Department. Discussion of Dry Line Sewer Requirements - Water and Sewer Ordinance n Mr. Ed Vosnock, a resident of Marathon Avenue, commented on a problem incurred when trying to transfer a piece of property to l his brother stating he was informed that the parcel could not be sold or conveyed to his brother unless the entire tract met the dry line sewer requirements. After working with the Engineering Department and VOlunteering to donate sewer easements for the entire tract (approximately 1,300 feet) no agreement was reached. He requested the Commissioners to authorize release of this tract to his brother without requiring installation of dry sewer line for the entire tract since he does not plan to develop the property. Commissioner Barfield stated the Board of Commissioners or District Board of Commissioners of the Water and Sewer District must address problems of this type in the unincorporated areas of the county where sewer will not be available for a number of years. After further discussion, it was the consensus of the Board to request the Engineering and Planning Staff to present as an agenda item recommendations for handling the dry sewer line requirements and other portions of the Water and Sewer Ordinance which impact upon the use of land in areas of the County where the sewer will not be available for a number of years. Discussion of Recycling Program Mr. Craig Crockett, a resident of Carolina Beach, commented on the shortage of landfill space and asked if the County is planning to implement a recycling program during the current year. n Chairman Retchin stated the County is in the process of hiring a Director of Solid Waste Planning and anticipates moving forward with a recycling program. APPROVlU. OF CONSENT AGENDA Chairman Retchin stated Item #1, Certification of Bond Election held on November 8, 1988, should be removed from the Consent Agenda and placed on the Regular Agenda for adoption. Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to remove Item #1 as requested and approve the remainder of the Consent Agenda as presented. CONSENT AGENDA ITEMS Adoption of Steam Plant Expansion Capital Project Ordinance The Commissioners adopted a Capital proj ect Ordinance for expansion of the Steam Plant with approval of the following Budget Amendment: 89-0101 Solid Waste/Steam Plant Expansion n Debit Credit Bond Proceeds $27,500,000 General Contract Mechanical/Plumbing Electrical Instrumentation Equipment $ 3,776,329 1,208,620 800,000 1,200,000 15,232,300 \" MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED) ~3"3,7 " Budget Amendment (Continued) Engineering Principal on Bonded Debt Interest on Bonded Debt Bond Service Fees Contingency Debit Credit 2,300,000 1,926,819 792,872 100,000 163,060 Purpose: To establish project budget according to Project Ordinance. I A copy of the Capital Proj ect Ordinance is contained in Exhibit Book XVI, Page 36. Approval of Budget Amendment - Chore Services Funds - Department of Social Services The Commissioners approved the following Budget Amendment: 89-0103 Department of Social Services Debit Credit Chore Services/Senate Bill - 1559 Senate Bill - 1559 Chore Contributions $23,719 110 Salary and Wages Social Security Taxes Contracted Services Automobile Expense $21,188 1,590 42 1,009 Purpose: . COG Grant (Senate Bill 1559) to provide additional Chore services. No County funds are required. I Approval of Budget Amendment - Airport and Finance Department The Commissioners approved the following Budget Amendment: 89-0102 Airport and Finance Department Debit Credit Airport Salary and Wages Social Security Taxes Retirement - LGE Medical Insurance $12,750 925 1,050 1,800 Airport Operating Transfers In (from General Fund) $16,525 Non-Departmental/Transfer to Other Funds Transport to Other Funds - Airport $16,525 Finance Department Salary and Wages Social Security Taxes Retirement - LGE Medical Insurance $12,750 925 1,050 1,800 I Purpose: Transfer of position from Airport to the Finance Department effective November 17, 1988. Denial of Request for Waiver of Sewer Impact Fee - Art Hommes The commissioners denied a request from Mr. Art Hommes to waive the sewer impact fee for a mobile home located on his farm in castle Hayne being used for migrant workers a few weeks out of the year. The request was denied for the following reasons: (1) the Sewer Ordinance requires payment of the impact fee; and (2) availability of treatment capacity for occupancy of the mobile home once the sewer line is constructed in this area. ~ , 3 3 8 MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) Approval of Change Order to Contract with Carlisle New Hanover County Landfill Cell *1 The Commissioners approved a Change Order $265,391.15 to the contract with Carlisle attachment of a liner in Landfill Cell #1 in leachate leakage. Contractors - in the amount of Contractors for order to prevent Adoption of Resolution to Accept Offer to Purchase Surplus Real Property OWned Jointly by New Hanover County and the Ci ty of Wilmington The Commissioners adopted a resolution accepting an Offer to 0 Purchase surplus property owned jointly by the City of Wilmington and New Hanover County located at 705 North Sixth Street, Tax Map No. R04813013-034.000, from Queen E. Cokley and Daisy C. Williams in the amount of $786. The property represents ad valorem tax values as of 1983 totaling $1,310 and has been duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XVI, Page 36. Adoption of Resolution To Add Satara Drive to the N. C. State Secondary Road System The Commissioners adopted a resolution adding Satara Drive to the N. C. State Secondary Road System. A copy of the resolution is contained in Exhibit Book XVI, Page 37. APPROVAL OF CONTRACT WITH MEDICAL TRANSPORTATION SPECIALISTS, INC. FOR COUNTY AMBULANCE SERVICE Finance Director, Andrew J. Atkinson, gave background information on minor changes in renewal of the contract between Medical Transportation Specialists, Inc. and New Hanover County. He stated the basic change is in the billing procedure which will allow Medical Transportation Specialist, Inc. to provide C ambulance service to any medicaid/medicare patient permitting the ' County to bill for medicaid/medicare reimbursement. He stated all parties involved are pleased with the service being provided. Commissioner Barfield MOVED, 0' Neal to approve the contract as Chairman to execute the document. UNANIMOUSLY. SECONDED by Vice-Chairman submitted and authorize the Upon vote, the MOTION CARRIED A copy of the contract is on file in the County Manager's office. :, , APPROVAL OF AMENDMENT TO NEW HANOVER COUNTY ORDINANCE, CHAPTER 12, ARTICLE VIII, PARKING, SECTION 12.64, AREAS OF APPLICATION County Attorney Pope gave background information on the proposed ordinance recommending approval with addition of the following language to Paragraph (g): ... "bounded on the south by Willard Street." Commissioner Barfield MOVED, SECONDED by Vice-Chairman 0' Neal to approve the amendment with the additional phrase as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for codification into the County Code. o , r( I ;! ADOPTION OF RESOLUTION EXEMPTING ANY MEMBER OF THE ABC BOARD FROM THE BOND REQUIREMENT OF SECTION 18B-700 OF THE NORTH CAROLINA GENERAL STATUTES County Attorney Pope requested adoption of a resolution exempting any member of the ABC Board from the bond requirement under Section 18B-700 of the North Carolina General Statutes. He requested adoption of the resolution. MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) r . ., ,339 Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVI, Page 37. I APPROVAL OF CERTIFICATE OF CANVASS OF THE NEW HANOVER COUNTY BOARD OF ELECTIONS CERTIFYING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 8, 1988 The Clerk to the Board placed before the Commissioners a Certificate of Canvass of the New Hanover County Board of Elections certifying the results of the Special Election on November 8, 1988. Commissioner Barfield MOVED, SECONDED by Vice-Chairman O'Neal to approve the Certificate of Canvass as submitted and request the Clerk to publish the Statement of Result on Tuesday, December 6, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Certificate of Canvass is contained in Exhibit Book XVI, Page 37. ADOPTION OF AMENDMENT TO NEW HANOVER COUNTY SEWER ORDINANCE, SECTION 15-122 UPON THE FIRST READING Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to approve the amendment to Section 15-122 as submitted adding the following phrase: "and individually metered by the utility providing water service." The floor was opened for discussion. Commissioner Barfield expressed concern for confusing people with reference to billing methods when being serviced by a utility company stating further clarification is needed. I Chairman Retchin called for a vote on the motion to approved the amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Mathews Vice-Chairman O'Neal Chairman Retchin Voting Nay: Commissioner Barfield A second reading is required for adoption of the ordinance since it did not receive a unanimous vote. The second reading will be placed on the agenda for December 19, 1988. ACCEPTANCE OF REPORT ON "BOAT ACCESS FOR NEW HANOVER COUNTY" PREPARED BY THE PLANNING DEPARTMENT Assistant Planning Director, Dave Weaver, presented the report stating two basic areas were addressed: (1) Boat Access for New Hanover County and (2) Regulations controlling site, design and construction of marinas. After extensive public input, the Planning Board voted to table regulations for marinas primarily because of potential overlap with existing State regulations. The fOllowing items were discussed: I 1. Boating Population 2. Docking Facilities 3. Boat Ramps 4. Impacts of Boat Access Assistant Planning Director Weaver stated in order to provide adequate boat access for the County the study recommends an aggressive program to establish public boat ramps and regulations controlling the construction and use of wet slip marinas. Discussion was held on the need for public boat ramps and costs involved. The following funding sources were presented: (1) grants; (2) a Parks Facility Fee; (3) use of the Room ~ 3'4'OMINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED) Occupancy Tax; ( 4) an excise tax on realty property transfers; and (5) a User Fee. After discussion of involving the Parks & Recreation Advisory Committee, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Corbett to accept the report and direct the Assistant Planning Director to work with the Parks & Recreation Advisory Committee in selecting sites and submitting grant applications. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin complimented Assistant Planning Director Weaver for an excellent report stating it was most informative and well written. [l A copy of the report is contained in Exhibit Book XVI, Page 37. DISCUSSION OF SPECIAL MEETING TO HEAR PRESENTATIONS FROM ENGINEERING FIRMS FOR REVIEW OF THE CONCEPT AND FINANCING PLAN OF THE STEAM PLANT EXPANSION County Manager Cooper stated another engineering firm has submi tted a proposal asking if the Commissioners would like to hear another presentation at the meeting scheduled on Monday, December 12, 1988. It was the consensus of the Board to hear the proposal submitted by CRS Sirrine, Inc. DISCUSSION OF FUNDING PARTICIPATION FOR MANAGEMENT STUDY DEPARTMENT OF SOCIAL SERVICES Commissioner Corbett asked if notification has been received from the Atlanta office verifying approval of funding participation by the State for performance of the Management Study for the Department of Social Services. Assistant County Manager, Mary Gornto, stated notification should be received within the next week. n MEETING RECESSED TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to convene from Regular Session to hold a continued meeting of the New Hanover County Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened from Regular Session at 5:19 o'clock P.M. commissioner Corbett MOVED, SECONDED by Commissioner Barfield to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin reconvened to Regular Session at 5:25 o'clock P.M. MEETING RECESSED FOR DINNER Chairman Retchin recessed the meeting for dinner from 5:26 o'clock P.M. to 6:35 o'clock P.M. DISCUSSION OF AMENDMENT TO NOISE ORDINANCE AND PROBLEMS BEING EXPERIENCED IN COLLEGE ACRES SUBDIVISION DUE TO DISORDERLY J CONDUCT OF COLLEGE STUDENTS Mr. Bernie Bentley, representing residents of College Acres, ~. commented on problems being experienced with college students living in the neighborhood. He presented pictures stating parties begin at 5:00 P.M. and continue until the next morning with trash, noise and disorderly conduct disturbing all surrounding homeowners. He commented on the recently appointed Task Force and requested approval of the following recommendations as presented by that committee: 1. UNC-Wilmington would reiterate to students their responsibilities for living in the community. \ ~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) 3,41 ~ 2. Reduce the number of non-related people living in a house from five to three. 3. Develop a Noise Ordinance that is enforceable by the Sheriff's Department and City Police. 4. Enforcement of ordinances. I Discussion was held on proposed amendments to the Noise Ordinance. Commissioner Corbett commented on the importance of protecting homeowners from noise and MOVED, SECONDED by Commissioner Mathews to approve the amendments as presented. The floor was opened for discussion. Captain G. M. Vallender, an employee of the New Hanover County Sheriff's Department, expressed concern for noise readings and decibels as proposed in amendments to the Noise Ordinance stating they are not reasonable. He recommended developing a Disorderly Conduct Ordinance for New Hanover County which will allow law enforcement officers to make arrests when responding to complaints. Chairman Retchin asked if anyone from the general public would like to comment. The following residents from College Acres Subdivision expressed concern for problems being experienced, including break-ins, and requested the Commissioners to approve the recommendations of the Task Force: Mr. William C. Howard, Jr. Mr. Jim Medlin Reverend Randolph Gregory Ms. Catherine Strahin Dr. Murray K. Seidel I Discussion was held on preparing a Disorderly Conduct Ordinance for New Hanover County. Commissioner Corbett withdrew his MOTION. It was the consensus of the Board to table this item and direct the County Attorney to work with Captain Vallender in amending the Noise Ordinance and prepare a Disorderly Conduct Ordinance for New Hanover County to be presented at the first meeting in January. BREAK Chairman Retchin recessed the meeting for a break from 7:20 o'clock P.M. to 7:27 o'clock P.M. REPORT FROM CHAIRMAN OF THE PLANNING BOARD Dr. William Harris, Chairman of the New Hanover County Planning Board, stated Planning Director, Dexter Hayes, had requested that he make presentations on agenda items to be presented to the Commissioners. He expressed appreciation for being given an opportunity to present recommendations of the Planning Board stating he would be as brief and concise as possible. I PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CHANGE MOBILE HOME PARKS TO A SPECIAL USE PERMIT FROM A PERMITTED USE IN THE R-15 AND R-10 RESIDENTlAL DISTRICTS (A-189) Chairman Retchin opened the Public Hearing. Planning Board Chairman, Dr. Harris, stated this request was initiated by a private citizen and would require a Special Use Permit for mobile home parks locating in R-15 and/or R-10 Districts. He stated the Planning Board concluded that additional protective measures for neighborhoods should be enacted through the Special Use permitting process. Discussion was held on opposition at the Planning Board meeting. Dr. Harris stated mobile home park owners expressed concern for requiring the permitting process to locate mobile home parks in R-15 and R-10 districts feeling this could abolish mobile home parks in New Hanover County; however, the Planning Board disagreed with this opinion and voted unanimously to approved the Text Amendment. ~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED) 34./ Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the request. No one commented. Chairman Retchin closed the Public Hearing. Commissioner Barfield MOVED, SECONDED by Commissioner Ma thews to approve the Text Amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH 0 CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY I ADOPTED OCTOBER 6, 1969," is contained in Ordinance Book I, Page "-. 7. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO USE AN EXISTING MARINA IN MIDDLE SOUND FOR COMMERCIAL PURPOSES (S-296) Chairman Retchin opened the Public Hearing and requested any persons wishing to give testimony with reference to the issuance of the Special Use permrt to step forward to be sworn in by the Clerk to the Board. The fOllowing persons were sworn in: Mr. Reece Robertson Mr. Clyde Harrelson Ms. Valeria Harrelson Dr. H. W. Gillan Ms. Carol Sprouse Mr. Leonard Thorpe Mr. Curtis Shepard Mr. Winston Thompson Mr. Richard Harris Mr. Jay Smith Planning Director Hayes, stated the request is to convert an 0 existing marina facility (7 slips) into a commercial marina. The sole purpose of the commercialization is to enable the owner to rent slips to the general public. No marine related sales, gas or convenience food items are planned. He stated the request did meet the four general requirements. Chairman Retchin asked the petitioner, Mr. Reece Robertson, if the statements presented by the Planning Director were correct. Mr. Robertson stated the statements were correct; however, he would like to rent eight boat slips instead of seven. Mr. David Barefoot, the attorney representing the petitioner, stated his client would settle for rental of seven boat slips and presented the following evidence to satisfy the four general requirements: General Requirement No.1 1. No floating structures are proposed for the existing facility; thereby precluding the need for water and sewer systems. 2. The facility consisting of seven slips is already in place. A major CAMA permit was issued for eight to ten slips on February 13, 1986. General Requirement No.2 1. Commercial marinas are permitted by Special Use Permit in any residential district. o 2. The sole purpose of the commercialization of the marina is to enable the owners to rent the slips. No commercial activity such as marine equipment sales, gas, or food is proposed. 3. One parking space (off-street) is required per boat slip. Additionally, landscaping of the parking lot is required. \ \~ MINUTES OF" REGULAR MEETING,. DECEMBER 5, 1988, (CONTINUED) 343 ., 4. Night lighting shall be contained on the site. None is shown on the site plan. 5. No dry-storage is proposed. 6. Existing vegetation on the site is adequate to meet buffering requirements along property lines abutting residential property. I General Requirement No.3 1. The marina is in place Harrelson's Marina, a larger complex since the early to mid 1970's. and located adjacent to which has been in operation General Requirement No.4 1. The existing marina Harrelson's Marina, a much facility. is immediately adjacent to larger, commercially-operated Attorney Barefoot requested issuance of the Special Use Permit. Chairman Retchin asked if anyone from the general public would like to testify in favor of granting the Special Use Permit. The following persons, previously sworn in, commented: Mr. Reece Robertson, the petitioner, requested issuance of the Special Use Permit to rent the slips stating no commercial sales are proposed. Ms. Carol Sprouse, an adjacent property owner, commented on the improvement of this site by Mr. Robertson and requested issuance of the Special Use Permit. I Mr. Clyde Harrelson, owner of Harrelson's Marina adjacent to the property, stated this area has been used as a boat slip since 1954. He requested the Commissioners to grant the Special Use Permit. Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use Permit. The following persons, previously sworn in, commented: Dr. H. W. Gillan, an adjacent property concern for allowing a commercial operation rezoned R-20S District. He also commented on construction being on his property requesting to delay action on this request until the investigate this matter. owner, expressed into a recently a portion of the the Commissioners CAMA office can Mr. Robertson stated a boardwalk was constructed on a portion of Dr. Gillan's property; however, he is in the process of removing this structure. Ms. Judy Smith expressed concern for allowing a commercial operation in a R-20S District stressing the importance of preserving this neighborhood. Chairman Retchin closed the Public Hearing. I After discussion, Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Mathews to grant a Special Use Permit based upon the findings of fact and drawing the following conclusions: (1) the proposed use does satisfy the first general requirement listed in the 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 listed in the Ordinance; namely that the use meets all required conditions and specifications; (3) the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property; ( 4) the proposed use does satisfy the ~ (3' 4 4,MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) fourth general requirement listed in the Ordinance; 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 it is to be located and in general conformity with the plan of development for New Hanover County; and ( 5 ) the following conditions shall apply: (a) No marine-related sales, gas, food and beverage sales shall be permitted; (b) No boat repair or servicing is permitted; (c) All off-street parking and landscaping shall be pursuant to approval by the County Inspections Department; and (d) Night lighting shall be provided as per Section 72 - 31 of the Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 37. o PUBLIC HEARING TO HEAR AN APPEAL FOR REZONING APPROXIMATELY 25 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD SOUTH OF THE U. S. HIGHWAY 17 INTERSECTION FROM R-15 RESIDENTIAL TO B-1 BUSINESS (APPEALED CASE Z-364) Chairman Retchin opened the Public Hearing. Planning Board Chairman, Dr. Harris, gave background information on the rezoning stating the Planning Board voted unanimously to deny the request feeling that the proposed rezoning would contribute to strip commercial development and interrupt the heavy flow of traffic along Military Cut-off Road. He stated the petitioner was offered an opportunity to rezone a portion of the tract to B-2; however, the offer was rejected. Chairman Retchin asked if the petitioner or anyone from the general public would like to speak in favor of the rezoning request. The following persons commented: Mr. Jim Snow, Attorney representing Mr. Jack Moore, Agent for the owner of the property, Mr. William Covil, stated Mr. [l Moore would like to speak on behalf of Mr. Covil who is 91 years II old. Mr. Jack Moore stated the highest and best use of the property would be for commercial purposes. He emphasized the importance of providing community services to this rapidly growing area and requested the Commissioners to approve the rezoning request. Attorney Jim Snow commented on the best use of the stating B-2 zoning would be consistent with the County's Plan for this area. He requested approval of the reques,t as submitted. property Land Use rezoning Chairman Retchin asked if anyone from the general public would like to speak in opposition to the rezoning request. The following persons commented expressing concern for strip zoning and increased traffic on the Military Cut-off Road with construction of a shopping center: Mr. William Sisson Mr. Richard Harris Chairman Retchin closed the Public Hearing. After discussion of avoiding strip commercial zoning, 0 Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to _ deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ALLOWING "GENERAL CONTRACTORS WITH NO OUTSIDE STORAGE" AS A PERMITTED USE IN THE B-1 DISTRICT (APPEALED CASE A-188) Chairman Retchin opened the Public Hearing. Planning Board Chairman, Dr. Harris, stated the Planning Board concluded that "general contractors with no outside storage '~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED) ,-- " 3:45 did not serve the purposes and intent of the B-1 District; therefore, the Text Amendment was unanimously denied with the Planning Staff requested to prepare an amendment which would delete "special trade contractors with no outside storage from the list of permitted uses in the B-1 District. Chairman Retchin asked if anyone present would like to speak in favor of the proposed Text Amendment. The following person commented: I Mr. Nathan Sanders, the petitioner, stated the reason for submitting the proposed Text Amendment is to allow general contractors in the B-1 District the same privileges as speciality contractors in this zoning with no outside storage. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the proposed Text Amendment. No one commented. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the Text Amendment allowing general contractors with no outside storage as a permitted use in the B-1 District. 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 Ordinance Book I, Page 8. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CLARIFY NON-RESIDENTIAL PARKING, SETBACKS AND LANDSCAPING REQUIREMENTS FOR USES ADJACENT TO THE RIGHTS-OF-WAY, ACCESS EASEMENTS, PASSAGEWAYS AND RESIDENTIAL DISTRICT (A-190, 11/88) Chairman Retchin opened the Public Hearing. I Planning Board Chairman, Dr. Harris, stated the proposed Text Amendment was unanimously approved by the Planning Board since it better defines non-residential parking, setbacks and landscaping requirements for uses adjacent to rights-of-way, access easements, passageways and residential districts. Chairman Retchin 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 Retchin closed the Public Hearing. After discussion, Commissioner Mathews MOVED, SECONDED by Commissioner Barfield to approve the Text Amendment as presented by the Planning Board. 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 Zoning Book I, Page 9. I PUBLIC HEARING TO CONSIDER ASSIGNING STREET NUMBERS ON HOLLY SHELTER ROAD AND OLD BRIDGE SITE ROAD LOCATED IN CAPE FEAR TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes gave background information on the request to assign street numbers on Holly Shelter Road and Old Bridge Site Road stressing the importance of accurate identification of developed property in order to provide County services, ~specially emergency responses. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed street number assignments. No one commented. Chairman Retchin closed the Public Hearing. ...1 '34 6MlNUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED) Commissioner Barfield Corbett to approve an order Shelter Road and Old Bridge CARRIED UNANIMOUSLY. MOVED, SECONDED by Commissioner assigning street numbers on Holly Si te Road. Upon vote, the MOTION A copy of the order is contained in Exhibit Book XVI, Page 38. PUBLIC HEARING TO CONSIDER NAMING A PRIVATE ROAD LOCATED IN HARNETT TOWNSHIP "SWEETWATER DRIVE" (SN 43) Chairman Retchin opened the Public Hearing. Planning Director Hayes presented an ordinance naming a private road located in Harnett Township approximately 350 feet northeast of the Market Street/Country Haven Drive Intersection to Sweetwater Drive. o Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed request. No one commented. Chairman Retchin closed the Public Hearing. Commissioner O'Neal to adopt Sweetwater Drive. Barfield MOVED, SECONDED by Vice-Chairman the ordinance naming the private road to Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Exhibit Book XVI, Page 38. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF ROSEMARY STREET LOCATED IN CAPE FEAR TOWNSHIP (SC-45) Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to adopt a Resolution of Intent to close a portion of Rosemary Street located in Cape Fear Township. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is contained in Exhibit Book XVI, Page 38. o DISCUSSION OF NON-COMPLIANCE TO SIX-MONTH SEWER CONNECTION REQUIREMENT County Attorney Pope stated the Sewer Ordinance requires residents to connect to the sewer line wi thin six months after availability. As of this date approximately 200-300 residents have not complied with this regulation. He requested direction from the Commissioners as to how this problem should be addressed. Discussion was held on why these residents have not complied within the six-month period. It was the consensus of the Board to direct the Engineering Department to poll these residents and report back to the Board their findings on December 19, 1988, before deciding on the best procedure to use in resolving this matter. ADJOURNMENT Commissioner O'Neal to adjourn. Barfield MOVED, SECONDED by Vice-Chairman Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 9:25 o'clock P.M. r2fpec;z:ted' ~ F. Harrell Clerk to the Board o ~