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1989-05-01 Regular Meeting r" 472 MINUTES OF REGULAR MEETING, MAY 1, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 1, 1989, at 4: 30 0' 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.; E. L. Mathews, Jr.; Chairman Fred Retchin; County Manager, G. Felix Cooper; County Attorney, Robert I W. Pope; and Clerk to the Board, Lucie F. Harrell. Vice-Chairman Nolan O'Neal was absent. Chairman Retchin called the meeting to order. DISCUSSION' OF RECOMMENDATIONS BY PARKS AND RECREATION ADVISORY BOARD WITH REFERENCE TO HOLDING BOND REFERENDUM FOR ACQUISITION OF LAND AND CONSTRUCTION OF A SENIOR CITIZENS CENTER Mr. Claud O'Shields, Jr., Chairman of the Parks & Recreation Advisory Board, presented slides and the following recommendations stating the Advisory Committee has worked since September 1988 in preparing and studying the best procedures to follow in carrying out objectives of the Parks & Recreation Master Plan: 1. Hold a Bond Referendum in the fall of 1989 to provide initial funding for land acquisition, capital improvements, and a Senior Citizens Center. 2. Amount of Bond Issue - $5,000,000 Plus New Land Acquisition $2,000,000 New Facilities $1,000,000 Senior Citizens Center $2,000,000 (may include additional amount for furnishings & site improvements.) I 3. Establish a "Land Gift Program" immediately. 4. Develop a more definitive method of showing work and expenditures for Parks and Recreation activities and "other" grounds work. 5. Commit to providing the necessary funds now and in the future to support a sound Parks & Recreation program. Mr. O'Shields introduced Dr. E. V. Kring, Chairman of the Volunteer Older Citizens Action League (V.O.C.A.L) to discuss the need for a new Senior Citizens Center. . Dr. Kring commented on the immediate need for construction of a new multipurpose senior center stating V.O.C.A.L has been working with representatives of RSVP, the New Hanover County Department of Aging, the New Hanover County Parks & Recreation Advisory Board, and Architect David Polston in reviewing and designing space needs for a new building. He presented the following proposal and recommendations. I Proposal: 1. Construction of a 32,000 plus square foot facility as follows: a. Administration (Department of Aging) 2,744 sq. ft. b. Multipurpose Space (Stage & Classrooms) 8,800 sq. ft. c. Nutrition Space 3,868 sq. ft. d. Counseling Space 480 sq. ft. e. Social Spaces 2,200 sq. ft. ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) ", 4.1.3 f. Crafts g. Physical Fitness Overall Total Grossing Factor Total Area Required 2,575 sq. ft. 7,840 sq. ft. 28,537 sq. ft 20% 34,244 2. Center to be located across from Hugh MacRae Park. 3. Request the County Commissioners to provide funding for construction of this building as outlined. Private donations will be solicited. Recommendations: 1. Support the recommendations of the County Parks & Recreation Advisory Board for initiation of a Bond Referendum in the fall. 2. Designate David Polston as architect for this project. Chairman Retchin Recreation Advisory presentations. expressed appreciation Board and V.O.C.A.L to the for Parks & excellent Motion: After a lengthy discussion on the merit of these recommendations, Chairman Retchin MOVED, SECONDED by Commissioner Mathews to accept the recommendations of the Parks & Recreation Advisory Board and V.O.C.A.L. for further study and review by the County Staff and Parks & Recreation Advisory Board with a final recommendation being presented to the Commissioners at a later date. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Absent: Vice-Chairman O'Neal UPDATE ON THE STEAM PLANT ADDITION Dr. Stanton Peters presented the following Project Schedule for expansion of the Steam Plant: Procure Major Equipment Building Modification Contract Foundations Contract General Contract Mechanical Contract Electrical Contract Instrumentation Contract Start Up & Testing June 1, 1989 June 1, 1989 Aug. 1, 1989 Nov. 1, 1989 Dec. 1, 1989 Dec. 1, 1989 Dec. 1, 1989 Jan. 1, 1991 Dr. Peters presented the bid tabulations on the following contracts stating bids came in $1,000,000 below budgeted figures: 1. Air Pollution Control Contract 2. Air Pollution Control Units 1 & 2 Upgrade Contract 3. Boiler/Stoker Contract 4. Air Stack Contract Discussion was held on approval of permits. Dr. Peters stated two permits must be obtained: (1) the Solid Waste Disposal Permit, and (2) the Air Pollution Control Permit. He stated the Solid Waste Disposal Permit is being reviewed by the State and is expected to be approved within the next 3 to 4 weeks. The Air Pollution Control Permit has been filed; however, it is more complicated and must be approved before the County can purchase air pollution control equipment. Regulations are becoming more stringent on air pollution with reference to acid gas and perchlorate. Dr. Peters stated the present facility is ~ -4 7~NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) being upgraded to better handle acid gas through adding an additional electrostatic field, acid gas scrubbers, and construction of a 200 foot stack which will better control the acid gas emission. He stated NOX controls have not been programmed in the new expansion or present facility due to this being a new science. After a visit to a California plant, NOX is being controlled with an ammonia inj ection system. Dr. Peters stated the boiler will be constructed to receive ammonia injections at various levels of heat and if required by federal regulations at a later date, these injections can be made at an estimated cost of $200,000 which has been included in budget. Dr. Peters requested award of the bids as soon as possible in order to meet the sixty day expiration date and avoid rebidding of equipment contracts. County Manager Cooper recommended scheduling a Work Session with Dr. Peters, Director of Engineering & Facilities, Ed Hilton, and the County Attorney, Robert W. Pope to review the R. W. Beck report before awarding the bids. LJ Consensus: It was the consensus of the Board for the County Manager and Chairman to select a date to hear a presentation on the R. W. Beck report before awarding the bids for the steam Plant expansion. Chairman Retchin asked if anyone from the general public would like to comment. The following person commented: Mr. William Funderburg, a resident of Castle Hayne, commented on the original bond issue for the present plant and requested the amount of funds being spent from the current bond issue for the present facility. County Manager Cooper stated he would be glad to furnish these figures to Mr. Funderburg. OUTLINE OF 1989-90 BUDGET County Manager Cooper stated requests presented by departments and agencies for 1989-90 were $67,178,317 which an increase of 13.54% representing a dollar increase $8,011,243 over the current budget due to the following items: all was of n -Increase in Contribution to Schools -Advancing to the Paramedic Level of Care -5% Cost of Living Adjustment -Museum Bond Related Expense -Establishment of Branch Library -General Fund transfer to Resource Recovery Fund -Contribution to Southeastern Mental Health -A total of 63 requested positions at a cost of $1,193,770 $ 255,000 $1,078,436 $ 195,041 $ 453,565 $2,263,375 $ 207,270 $1,262,883 County Manager Cooper stated he has met with each County Department, the Southeastern Mental Health Center, Cape Fear Community College, the Superintendent of New Hanover County Schools, Clerk of the Court, and the Airport to review budget requests stating the following decisions were made: -Expenditure requests have been reduced from $67,178,317 to $60,630,050. -Revenues have been adjusted from $59,908,515 to $59,973,768. -Fund Balance has been appropriated in the amount of $656,282. n At this point the budget recommendations are in balance with a tax rate of $0.72. A one cent increase in the tax rate is due to fund the following projects: \ \ ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) .475 ~ a. Museum Expansion Cost of Youth Council Program Detox Unit - Mental Health Center Restoring Fund Balance for funding of the following items: $195,041 15,328 75,000 b. c. d. Maximus Study Purchase of Land for Branch Library $ 52,500 $ 70,000 County Manager Cooper stated the following requests were not recommended: Amount Cents on Tax Rate -Branch Library Construction -Paramedic Equipment -Schools Request Not Recommended -Mental Health Center Request -DSS Request -Health Request $453,565 $100,000 $581,823 $ 79,332 $476,640 $189,543 1 cent 0.22 of a cent 1. 28 cents 0.17 of a cent 1.05 cents 0.42 of a cent The following outline of the 1989-90 Budget was presented by the Budget Officer, Personnel Director, County Manager, Assistant County Manager, and Finance Director: 1. Agency & Department Head Requests 2. Revenues 3. Budget Requests Process 4. Requests Not Recommended 5. Personnel Costs 6. Airport Authority 7. Resource Recovery Fund 8. Fund Balance 9. Proposed Budget Schedule County Manager Cooper stated the proposed budget will be presented to the Commissioners on Monday, May 8, 1989, with a formal presentation of the budget on May 15. Budget Hearings have been scheduled for May 16 and 17 with a Public Hearing scheduled for June 5, 1989, at which time the Commissioners can adopt the Budget Ordinance. Commissioner Barfield complimented the staff on an excellent presentation stating in his eight years of serving on the Board, this budget report was the best. Mr. Donald F. Petersen, a member of the Solid Waste Citizens Task Force, expressed concern for the solid waste planning budget stating the Comprehensive Solid Waste Plan recommended establishing a mandatory trash collection service to be started as soon as possible. He requested support of funding for this program. ANNOUNCEMENT OF INVITATION TO VISIT THE PENTAGON Commissioner Barfield stated Captain Hollowell has invited the Commissioners to accompany the National Guard on a public relations visit to the Pentagon on May 17, 1989, leaving Wilmington at 7:30 A.M. and returning at 6:30 P.M. Consensus: Due to Budget Hearings scheduled for May 16 and 17, it was the consensus of the Board to request the Clerk to contact Captain Hollowell and express regrets for being unable to accept the invitation. MEETING RECESSED FOR DINNER Chairman Retchin recessed the meeting for dinner from 7:00 o'clock P.M. to 7:40 o'clock P.M. ARRIVAL OF CHAIRMAN NOLAN 0' NEAL Chairman O'Neal arrived at 7:40 o'clock P.M. ~ 4 7 ~INUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Jerry Nordsiek, Associate Pastor of St. Mathews Lutheran Church, gave the invocation. Girl Scout Troop #553 led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. [l WITHDRAWAL OF ITEM *10, PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT PETITIONED BY LIVE OAK LODGE, WOODSMEN OF THE WORLD, TO ESTABLISH A LODGE FACILITY ON MURRAYSVILLE ROAD Chairman Retchin stated the petitioner has withdrawn his request for issuance of a Special Use Permit to establish a lodge facility on Murraysville Road. APPROVAL OF CONSENT AGENDA Motion: Commissioner Corbett MOVED, SECONDED by Barfield to approve the Consent Agenda as presented. the MOTION CARRIED UNANIMOUSLY. Commissioner Upon vote, CONSENT AGENDA Approval of Work Authorization 87-1, Supplement 3 Airport Terminal Project The Commissioners approved Work Authorization 87-1 for professional services by HNTB in an amount not to exceed $594,620 for the balance of work at the Airport. The County Manager was authorized to execute the document. A copy of the Work Authorization is on file in the countY[l I, Manager's office. .~ Adoption of Proclamation Designating May 1-7, 1989, "Disability Awareness Week and May 7, 1989, "National Barrier Awareness Day" The Commissioners adopted a proclamation designating May 1-7, 1989, "Disability Awareness Week and May 7, 1989, as "National Barrier Awareness Day" in New Hanover County. A copy of the proclamation is contained in Exhibit Book XVII, Page 11. Approval of Budget Amendment *89-0245 New Hanover County Library The Commissioners approved the following Budget Amendment: 89-0245 Library Debit Credit Aid to Public Library Grant $689 Supplies $689 Purpose: Revised state aid allocation from unmatched state aid funds. Approval of Budget Amendment *89-0247 - Sheriff's Department The Commissioners approved the following Budget Amendment: [] 89-0247 Sheriff's Department/Seat Belt Grant Debit Credit Seat Belt Grant Revenue $11,100 Departmental Supplies Capital Outlay $ 7,700 3,400 ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 ( CONTINUED) 477 " Purpose: To budget Seat Belt Program grant for part of FY 1988/89. The remainder of the grant ($7,700) will be budgeted in FY 1989/90. Approval of Budget Amendment *89-0253 - Department of Social Services The Commissioners approved the following Budget Amendment: 89-0253 - Department of Social Services/ Various Debit Credit DSS/Administration DSS Administrative Reimbursement $ 2,400 DSS/AFDC AFDC County Issued Checks Reimbursement 126,134 DSS/Foster Care AFDC Foster 'Care Reimbursement 22,074 DSS/Special Assistance Adults Assistance Payments 4,800 County Commissioners Appropriated Fund Balance 180,000 DSS/Psychological Service Counseling $ 3,200 4,000 150,000 106,134 27,000 7,000 7,000 6,000 25,704 DSS/Chore Services Employee Reimbursement DSS/AFDC County Issued Checks State Issued Checks DSS/Foster Care IVE (AFDC) FC SFHF/AFDC) Supplement Clothing Transitional Payments Special Payments Purpose: To allocate $180,000 of the $250,000 approved by the Board of County Commissioners for additional DSS program expenses for FY 1988/89 (remaining $70,000 will be included in another budget amendment later in fiscal year) . Approval of Budget Amendment *89-0255 - OUtside Agencies/City of Wilmington The Commissioners approved the following Budget Amendment: 89-0255 OUtside Agencies/City of Wilmington Debit Credit County Commissioners Appropriated Fund Balance $49,000 Outside Agencies City of Wilmington $49,000 Purpose: To budget funds for Wilmington Housing Finance & Development, Inc. to pay for cost of asbestos removal in the old DSS Building (approved by the Commissioners on 4/17/89). Approval of Budget Amendment *89-0256 - Print Shop The Commissioners approved the following Budget Amendment: ~ 4 7 ~NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) 89-0256 Print Shop Debit Credit Print Shop Charges $5,000 Printing $5,000 Purpose: To adjust for higher than anticipated printing activity by County Departments. Award of Low Bid to Barnes and Powell for Apron Lighting Contract r-r The Commissioners awarded the low bid to Barnes and Powell l J for apron lighting, and authorized the County Manager to execute the standard contract subject to approval by the County Attorney. The bid tabulation is contained in Exhibit Book XVII, Page 11. Approval of Title III Bid Proposal and Newbold's Carolina Barbecue & Seafood, Inc. as Vendor for Department of Aging for FY 1989/90 The Commissioners approved the Title III Bid Proposal and Newbold's Carolina Barbecue & Seafood, Inc. as vendor for the Department of Aging for FY 1989/90 as submitted and requested by the Director of the Department of Aging. Approval of ACTION GRANT APPLICATION FOR RSVP - FY 1989/90 - Department of Aging The Commissioners approved the ACTION Grant Application and authorized the County Manager to sign and accept the grant if approved as submitted. Approval of Title III-B Funds Application for CHORE Program - FY 1989-90 - Department of Social Services The Commissioners approved the Department of Social Services 0 Application for Title III-B funds in the amount of $94,919 with a local match of $9,492. l_ Approval of Grant Application for Domestic Violence Shelter and Services, Inc. - Victims and Children's Domestic Violence Project The Commissioners approved a grant application for Domestic Violence Shelter and Services, Inc. Victims and Children's Domestic Violence Project. No County funds are required, but the County is responsible for grant administration. PUBLIC HEARING TO CONSIDER APPROVING A REQUEST TO REZONE APPROXIMATELY 3.4 ACRES ON THE NORTH SIDE OF PARMELE ROAD, APPROXIMATELY 2,300 FEET WEST OF N. C. HIGHWAY 132 TO R-15 RESIDENTIAL FROM 1-2 HEAVY INDUSTRIAL (Z-373) Chairman Retchin opened the Public Hearing. Dr. William B. Harris, Chairman of the Planning presented background information on the rezoning request the Planning Board unanimously approved the rezoning compliance with County policies for land uses in the area. Board, stating citing Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed rezoning. No one commented. Chairman Retchin closed the Public Hearing. o Motion: Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve rezoning approximately 3.4 acres on the north side of Parmele Road to R-15 Residential from I-1 Heavy Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy AMENDING THE COUNTY, NORTH 8A, Page 15. of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER CAROLINA," is contained in Zoning Book II, Section ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 ( CONTINUED) 479 ., DENIAL OF TAX APPEAL BY MR. & MRS. JOHN DAVID WALTON Tax Administrator, Roland Register, stated after checking the files on the 1988 Department of Motor Vehicles civil penalty a 1986 discovery was made on a vehicle. He stated Mr. Walton was forwarded a Vehicle Discovery Notice and informed if he could provide that he did not own the vehicle as of January 1, 1986, the 1986 tax and penalty would be refunded. Tax Administrator Register stated as of this date no written statement has been presented to show that Ms. Walton did not own the vehicle as of January 1, 1986; therefore, the penalties and taxes should be upheld. Mr. John Walton stated the Volkswagen was sold by a car lot dealer sometime in 1985, stating since that time the dealer has gone out of business; therefore, he has not be able to provide an exact date of sale. He stated his taxes were listed in 1988 in a timely manner; however, the tax office does not have record of receiving the listing form. He requested the Commissioners to release the penalties and provide some form of receipt to taxpayers when listing taxes in order to have evidence that the tax listing form has been received by the Tax Office. Motion: Based on no evidence being presented that the Volkswagen was sold prior to January 1, 1986, and no evidence showing that the 1988 listing was received in a timely manner, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to uphold the taxes and penalties assessed to Mr. Walton as recommended by the Tax Administrator. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 3.4 ACRES ON THE WEST SIDE OF N. C. HIGHWAY 132 APPROXIMATELY 1,000 FEET NORTH OF U. S. HIGHWAY 17 TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-374) Chairman Retchin opened the Public Hearing. Dr. William B. Harris, Chairman of the Planning Board, presented background information on the rezoning request stating the Planning Board voted unanimously to approve the rezoning based upon surrounding zoning and land uses, plus the site's proximity to N. C. Highway 132. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion, Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to approve rezoning approximately 3.4 acres on the west side of N. C. Highway 132 approximately 1,000 feet north of U. S. Highway 17 to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976," is contained in zoning Book II, Section 9A, Page 30. PUBLIC HEARING TO CONSIDER MODIFYING SECTION 65 OF THE ZONING ORDINANCE FOR CLARIFICATION OF ACCESS EASEMENT WIDTHS AND ELIGIBLE LOTS (A-197) Chairman Retchin opened the Public Hearing. Dr. William B. Harris, Chairman of the Planning Board, presented background information on the proposed Text Amendment to modify Section 65 stating the amendment would clarify access easement widths. He stated the Planning Board voted 5-1 to approve the Text Amendment. ~ 4 8~NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. The following person commented: Mr. Tom Lennon questioned the minimum widths of easements? Staff Planner, Pete Avery, stated the current ordinance easement widths are determined on a case-by-case basis with no specific widths listed. If the proposed Text Amendment is approved, a minimum of 30 feet would be required for a private drive easement. Chairman Retchin closed the Public Hearing. n Motion: After discussion, Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Corbett to approve the Text Amendment as presented. 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 XVII, Page 11. PUBLIC HEARING TO HEAR AN APPEAL BY C.D.K. ASSOCIATES FOR REZONING 1.52 ACRES ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE WEST OF ALLEN'S LANE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-365) Chairman Retchin opened the Public Hearing. Dr. William B. Harris, Chairman of the Planning Board, presented background information on the rezoning request stating the Planning Board voted unanimously to deny the rezoning due to strip commercial development and inconsistency with the Airlee Road Land Use Plan. Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following persons n commented: . Mr. Chuck Paul, representing the petitioner, Associates, commented on the highest and best use property stating commercial use is the only use for this due to its location, which is directly across the street Plaza East Mall. C.D.K. for the property from the Mr. Charlie Rivenbark, representing commercial Realty Company, commented on the Airlee Road Land Use Plan stating the plan did refer to surrounding properties becoming commercially zoned in the future. He requested approval of the rezoning as presented. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: Ms. Emily Fields, owner of the Melrose Mobile Home Park, expressed concern for no additional buffer being recommended and the variety of uses in B-2 Zoning stating no one knows what type of business will be placed on this tract of land. Commissioner Mathews asked if an additional buffer would be more acceptable by residents living in the mobile home park. Ms. C Fields stated additional buffering would be more desirable. Mr. Allan Coward, the property owner, stated a def ini ti ve buffer would be required by the Zoning Ordinance if the property is commercially zoned. He stated when the Airlee Road Land Use Plan was adopted in 1983, many of the commercial establishments were not there; however, since that date many tracts of land have been rezoned commercially. He requested the Commissioners to approve the B-2 zoning request in order for the property to be used. Chairman Retchin asked if 0 & I or B-1 zoning would be more acceptable. Ms. Fields stated it would be preferred. Staff ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 ( CONTINUED) ., .4:8,,1 Planner Avery stated the tract is not large enough to be eligible for B-1 zoning. Mr. Paul asked if conditional use zoning is allowed in the County? Staff Planner Avery stated the County has established an Ad Hoc Committee to study this type of zoning and will report back to the Commissioners in October 1989. . Chairman Retchin closed the Public Hearing. Commissioner Barfield expressed concern for traffic congestion on Allen's Lane and recommended denying the rezoning request. Commissioner Mathews stated after two visits to this tract of land he cannot imagine the property being useq residentially stating properties from Galleria Mall to the bridge are already being used for commercial purposes. He stated normally he agrees with the recommendations of the Planning Board; however, in this case he feels B-2 zoning should be approved. Commissioner Corbett commented on the potential for residential development in this area stating he feels the present neighborhood should be protected. Vice-Chairman O'Neal stated the Commissioners should uphold the Airlee Road Land Use Plan. Motion: After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to deny the B-2 rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Vice-Chairman O'Neal Chairman Retchin Voting Nay: Commissioner Mathews PRESENTATION ON PENDING LEGISLATION FOR THE PROPOSED HIGHWAY TRUST FUND Mr. Tommy Pollard, a member of the North Carolina Board of Transportation, commented on proposed legislation for the Highway Trust Fund stating the Highway Study Committee has developed a $8.6 million funding package to develop an Intrastate Highway System, provide urban loops, increase the Powell Bill Funding, and pave unpaved roads throughout the state within the next 12 years. The plan specifically states that U. S. Highway 17 from the Virginia border to the South Carolina border will be widened to four lanes. Mr. Pollard stated approval of the highway package will benefit New Hanover County by construction of a northern outer loop, which will not impact upon Smith Creek Parkway, plus enhancement of tourism with the widening U. S. 17. Mr. sources highway Speaker Pollard commented on the following proposed revenue and requested adoption of a resolution supporting this program to be forwarded to the Governor, Lt. Governor, of the House, and Senate Pro Tern: Revenue Sources: 1. Increasing the gasoline tax by 5 3/4 cents. 2. Replace the 2% sales tax on automobiles with a 3% transfer tax to be distributed as follows: 2% of collections to the highway fund and 3% to the general fund. Commissioner Mathews asked when the widening of U. S. Highway 17 will begin? Mr. Pollard stated U. S. Highway 17 will be the first highway to receive funding which should begin in the early 1990's. ~ 4 8~NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) Corrunissioner Barfield asked if funds will be available to assist with improving infrastructure roads, such as N. C. Highway 132. Mr. Pollard stated programs now in the Transportation Improvement Program, such as widening of U. S. Highway 17, will be funded by the Highway Trust Fund with those funds being used for infrastructure needs such as N. C. Highway 132 and Smith Creek Parkway. He stated as New Hanover County's representative, it will be his responsibility to see that funds are allocated for these roads. Motion: n After discussion on the need of highway improvements for ! eastern North Carolina, Corrunissioner Corbett MOVED, SECONDED by , corrunissioner Mathews to request the Clerk to prepare a resolution to be forwarded to the Governor, Lt. Governor, Speaker of the House, and Senate Pro Tern, and to be presented at the TIP Update meeting to be held in Jacksonville, North Carolina, on May 10, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 11. PUBLIC HEARING TO CONSIDER THE COUNTY FILING AN APPLICATION IN THE AMOUNT OF $ 47 , 000 TO THE NORTH CAROLINA COASTAL AND ESTUARINE WATER BEACH ACCESS PROGRAM FOR EXPANSION OF THE SNOW'S CUT WATER ACCESS Chairman Retchin opened the Public Hearing. Director of Parks & Recreation, John Parker, requested authorization to file an application for a grant with the N. C. Coastal and Estuarine Water Beach Access Program in the amount of $47,120 to develop the Estuarine access along the Intracoastal Waterway at Snow's Cut Park. The funds will be used to provide a gazebo with stair access to the Intracoastal Waterway, a picnic area with shelter, and nature trail. He stated if the grant is awarded, the County will be required to allocate $7,500 in funds and in-kind services of $8,210. n Chairman Retchin asked if corrunent on the grant application. anyone present would No one corrunented. like to Chairman Retchin closed the Public Hearing. Motion: corrunissioner Barfield MOVED, SECONDED by Corrunissioner Mathews to approve filing of the grant application as requested by the Director of Parks & Recreation. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER RENAMING DICK AVENUE TO PAVILION PLACE HARNETT TOWNSHIP (SN #47) Chairman Retchin opened the Public Hearing. Staff Planner, Sam Burgess, presented background information on the proposed road renaming. He stated no opposition has been received to the petitioner's request. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the road renaming request. No one corrunented. Chairman Retchin closed the Public Hearing. o Motion: corrunissioner Mathews MOVED, SECONDED by Corrunissioner to rename Dick Avenue to Pavilion Place as recorrunended petitioner, Mr. J. Andrews. Upon vote, the MOTION UNANIMOUSLY. Corbett by the CARRIED A copy of the ordinance is contained in Exhibit Book XVII, Page 12. \, \ \ '",,- I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) 48,3 ., PUBLIC HEARING TO CONSIDER NAMING A PRIVATE DRIVE/EASEMENT TO CHIPPEWA TRAIL - CAPE FEAR TOWNSHIP (SN #48) Chairman Retchin opened the Public Hearing. Staff Planner, Sam Burgess, presented background information on the street naming stating the petitioner, Mr. Thomas M. Lennon, would like an individual name and address from Marathon Avenue. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the street naming. The following person commented: Ms. Madalynne Bodey stated this is an Indian name and she is the fifth generation of the Chippewa Tribe. Chairman Retchin closed the Public Hearing. Motion: Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to approve the request to name a private drive/easement located on the north side of Marathon Avenue and west of Marathon Landing Subdivision to Chippewa Trial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Exhibit Book XVII, Page 12. PUBLIC HEARING TO NAME A PRIVATE DRIVE/EASEMENT TO JOHN GRADY ROAD - CAPE FEAR TOWNSHIP (SN #49) Chairman Retchin opened the Public Hearing. Staff Planner, Sam Burgess, presented background information on the naming of the private drive/easement stating the residents requested naming the drive. Chairman Retchin asked if anyone present would like to speak in favor of or in oppos i tion to the street naming. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Mathews to name a private drive/easement located on the south side of Rockhill Road just west of Belt Road to John Grady Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an ordinance is contained in Exhibit Book XVII, Page 12. PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS TO BLOSSOM STREET AND FORK DRIVE LOCATED IN CAPE FEAR TOWNSHIP Chairman Retchin opened the Public Hearing. Staff Planner, Sam Burgess, stated the purpose of assigning house numbers systematically is to assist emergency and fire personnel in rapidly identifying residences when responding to calls and to assist in delivery of general county services. Chairman Retchin asked if anyone present would like to speak in opposition to the request. The following persons commented expressing concern for expenses incurred when changing addresses: Mr. Robert Leonard Ms. Delores Miller Mr. Brenda Hewlett, an employee of the "911", and Mr. Kelvin Miller, a member of the Wrightsville Beach Fire Department, commented on the importance of having a systematic house numbering system stating a person's life can depend on the amount of response time. ~ 48r4NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) Mr. Leonard stated he was informed by the Planning Staff that the emergency response was a small part of the renumbering system and expressed concern for having to change his address. Commissioner Barfield apologized to Mr. Leonard for receiving incorrect information from the Planning Department stating the primary purpose of reassigning house numbers is for emergency response calls. He recommended establishment of a fact sheet by the Planning Staff to be forwarded to all persons when areas are being reassigned house numbers. Consensus: It was the consensus of the Board to direct the Planning Staff to prepare a written document in the form of a question and answer sheet listing the reasons for implementing a systematic house numbering system with emphasis being placed on emergency response time. n Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman O'Neal to adopt the ordinance reassigning house numbers on Blossom Street and Fork Drive located in Cape Fear Township. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Exhibit Book XVII, Page 12. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF HOLLY STREET LOCATED IN CASTLE HAYNE (SC #46) Staff Planner, Sam Burgess, stated Mr. B. Manus has requested a portion of Holly Street be closed. He requested adoption of a Resolution of Intent to hold a Public Hearing on June 5, 1989, at 7:30 P.M. in the General Assembly Room of the County Courthouse, 24 North Third Street, Wilmington, North Carolina, to consider the proposed street closing. Motion: Commissioner Barfield MOVED, Corbett to adopt the Resolution of vote, the MOTION CARRIED UNANIMOUSLY. SECONDED by Commissioner Intent as presented. Upon n A copy of the Resolution on Intent is contained in Exhibit Book XVII, Page 12. DISCUSSION OF PROPOSED BID AWARD FOR BOILER/STOKER FOR STEAM PLANT Mr. William Funderburg, a reside~t of Blue Clay Road, stated he was not able to comment during the three minute period; however, he would like to express concern for awarding a bid to a foreign country for purchase of the boiler/stoker at the Steam Plant. He commented on English made products in the past and requested the Commissioners to purchase this equipment from an American company. He also commented on costs overrun of the project stating he feels a general contractor is needed to bring the proj ect together and control future operating costs. Mr. Funderburg stated when the project is completed, if necessary, he will obtain a court order to inspect the expansion with qualified engineers to insure the citizens of New Hanover County that specifications have been met, and they have received their money's worth. County Manager Cooper stated the proposed bid is with a company in Denmark, not England. He stated while the company is located in Denmark, it'does not mean that all parts of the boiler are manufactured in Denmark. n Chairman Retchin thanked Mr. Funderburg for his comments stating the County Staff and Commissioners realize the importance of keeping this project within the estimated budget. \ ~ I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 ( CONTINUED) ,~485 " ADOPTION OF RESOLUTION RECOGNIZING THE 75TH ANNIVERSARY OF THE NORTH CAROLINA AGRICULTURE EXTENSION SERVICE Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adopt a resolution recognizing the 75th Anniversary of the Smith-Lever Act and North Carolina Agriculture Extension Service. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 12. ADOPTION OF RESOLUTION SETTING HIGHWAY PRIORITIES - WILMINGTON AREA THOROUGHFARE PLAN Motion: Chairman Retchin MOVED, SECONDED by Commissioner Corbett to adopt a resolution establishing the following highway priorities of projects on the Wilmington Area Thoroughfare Plan: Number 1 N. C. 132 - Shipyard Boulevard to U. S. 421. Number 2A U. S. 17 By-pass - Northern Outer Loop from U. S. 17 Market Street to U. S. 17 in Brunswick County. Number 2B Southern Outer Loop - U. S. 17 Market Street to N. C. 132 at 17th Street, Oleander Drive and South College Road. Number 3 Oleander Drive and South College Road Intersection Improvements. Number 4 Kerr Avenue widening from Market Street to Wrightsville Avenue. Number 5 Front Street Improvements - Cape Fear Memorial Bridge to Burnett Blvd. Number 6 Independence Boulevard North - South Thoroughfare. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 12. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Hazardous Materials Contract with Wilmington Commissioner Barfield stated the materials, such as chemical spills addressed by the County. He requested proposal from the City of Wilmington. the Ci ty of response to hazardous or fires, needs to be Mike Waters to explain a Director of Public Services, Mike Waters, stated the Board of Fire Commissioners has been and is concerned about response to potential hazardous materials accidents. He stated the City of Wilmington has a Hazardous Materials Response Team to respond to Level A entry type situations and is willing to enter into an inter local agreement .at a cost of approximately $40,000 to purchase equipment and provide training for County personnel to respond to two (2) incidences at the same time. He stated after discussion by the Board of Fire Commissioners, it is their recommendation to enter into an agreement with the City that will provide the equipment but utilize the City of Wilmington's Fire personnel to respond to these types of emergencies. Director Waters stated the Commissioners will receive a recommendation from the Board of Fire Commissioners at a later date. ~ \ ~ 4 ES OF REGULAR MEETING, MAY 1, 1989 ( CONTINUED) OF RESOLUTION RECOGNIZING THE 75TH ANNIVERSARY OF THE LINA AGRICULTURE EXTENSION SERVICE Motion: Commissi ner Barfield MOVED, SECONDED by Commissioner Corbett to ado t a resolution recognizing the 75th Anniversary of the Smith-Lever Act and North Carolina Agriculture Extension Service. Upon vo e, the MOTION CARRIED UNANIMOUSLY. A copy of Page 12. HIGHWAY PRIORITIES - WILMINGTON solution is contained in Exhibit Book XVII, n ADOPTION OF RESOLUTION AREA THOROUGHFARE PLAN ~ Motion: 0 . Chairman Retchin MOVED, SECONDED b~ommissioner adopt a resolution establishi the foll~ing highway of projects on the Wilmington A ea Thoroughfare Plan: Corbett to priorities Number 1 U. S. N. C. 132 421. Number 2A U. S. Northern Outer Loop from U. S. 17 Ma ket Street to U. S. 17 in Brunswick Coun y. Number 2B Southern Outer - U. S. 17 Market Street to N. C. 132 at 17th Street, Oleander Drive and So th College Road. Number 3 Oleander Drive and So th College Road Intersection Improvement . Number 4 Kerr Avenue widening from to Wrightsville Avenue. n Number 5 Front Street Improvements - Memorial Bridge to Burnett Fear Number 6 Independence Boulevard North- Thoroughfare. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Page 12. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Hazardous Materials Contract with Wilmington Commissioner Barfield stated the materials, such as chemical spills addressed by the County. He requested proposal from the City of Wilmington. the City response to hazardous or fires, needs to be Mike Waters to explain a Director of Public Services, Mike Waters, stated the Board of Fire Commissioners has been and is concerned about response to potential hazardous materials accidents. He stated the City of I Wilmington has a Hazardous Materials Response Team to respond to L. Level A entry type situations and is willing to enter into an interlocal agreement at a cost of approximately $40,000 to purchase equipment and provide training for County personnel to respond to two (2) incidences at the same time. He stated after discussion by the Board of Fire Commissioners, it is their recommendation to enter into an agreement with the City that will provide the equipment but utilize the City of Wilmington's Fire personnel to respond to these types of emergencies. Director Waters stated the Commissioners will receive a recommendation from the Board of Fire Commissioners at a later date. I I I MINUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED l 487 " Approval of Funding for Appreciation Dinner for the Fireman's Association corrunissioner Barfield requested funding in the amount of $2,500 to provide an Appreciation Dinner for volunteer firemen including the N. C. State Forest Service. He stated if approved, he would recorrunend inclusion of funding annually in the Fire District's Budget to sponsor this type of an event. Motion: corrunissioner Barfield MOVED, SECONDED by corrunissioner Corbett to approve funding in an amount not to exceed $2,500 for the Appreciation Dinner to be held on June 25, 1986, with Director of Public Services, Mike Waters, coordinating the event. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval for One Additional Member to the Ad Hoc Day Conunittee Corrunissioner Corbett requested addition of one member Ad Hoc Day Care Corrunittee to represent a special care specifically a representative from the United Cerebral Agency. Care to the group, Palsy Consensus: It was the consensus of the Corrunissioners to add a Special Care category to the Ad Hoc Day Care Corrunittee increasing the number of members from 13 to 14. Reminder of Drug Forum to be held on May 2, 1989 corrunissioner Corbett reminded the Corrunissioners of the Drug Forum to be held on Tuesday, May 2, 1989, at 7:30 P.M. in the auditorium of the Boy's Club. He encouraged the Corrunissioners to attend and expressed appreciation to Assistant County Manager, Mary Gornto, for an excellent job in obtaining guest speakers. Discussion of Public Hearing for Water & Sewer District corrunissioner Corbett stated the Board of Health discussed the Public Hearing scheduled for June 26, 1989, stating Director Robert Parker has invited Dr. Robert Uebler, Soil Scientist with the N. C. Division of Health Services, and Ms. Dianne Harvell, Environmental Health Director of the New Hanover County Health Department, to speak on septic regulations and alternative disposal systems. He stated the last Public Hearing was held in Wrightsboro Elementary School and recorrunended holding this forum in Laney High School or Trask Middle School. corrunissioner Barfield recorrunended using the auditorium in Laney High School. The Assistant County Manager and Clerk to the Board were requested to schedule this event. Update on ISO Rating corrunissioner Corbett requested a report on the ISO rating. Director of Public Services, Mike Waters, stated a presentation will be made at the meeting scheduled for May 15, 1989. Discussion of Parking Ticket Received at New Hanover Memorial Hospital corrunissioner Mathews stated a local doctor received a City of Wilmington Parking citation in the New Hanover Memorial Hospi tal parking lot while performing surgery. He asked where revenue collected from parking tickets is distributed, to the City of Wilmington or the hospital? County Attorney Pope stated he was not sure but would be glad to check into the matter. Waiver Granted for Dry Sewer Requirement of Three (3) Lot Subdivision OWned by Claud O'Shields, Jr. Located on Dunbar Road Mr. Claud O'Shields, Jr. requested granting a waiver of the dry sewer requirement under the Minor Subdivision Regulations for his 3-lot subdivision located at the end of Dunbar Road in the Middle Sound area. He stated the deed would contain a clause that will require each owner to be financially responsible for connecting to the county system when it becomes available. ~ 4'8~NUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) Motion: After discussion of granting the waiver to other individuals and the expense involved to the property owner, Commissioner Barfield MOVED, SECONDED by Chairman Retchin to grant a waiver of the dry sewer line requirement under the minor subdivision regulations for the 3-lot subdivision located at the end of Dunbar Road in the Middle Sound area subject to the deed containing a clause that will require each owner to be financially responsible for connecting to the county system when it becomes available along Dunbar Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER n Discussion of Closing the New Hanover County Museum During Expansion County Manager Cooper stated John Jeffries was informed by the contractor that if the Museum is closed during construction of the expansion, approximately $100,000 will be saved in construction costs. He stated Assistant County Manager, Mary Gornto, has recommended appointment of a committee composed of Bill Smith, Chairman of the Museum Board of Trustees; Ms. Janet Seapker, Director of the Museum, Mr. Ed Hilton, Director of Engineering & Facilities, Mr. John Jeffries, the Architect; and Ms. Mary Gornto, Assistant County Manager, to study and analyze the pros and cons of closing the building during construction. County Manager Cooper requested authority to make this decision based upon the recommendation of the committee emphasizing the importance of time in the expansion project. Commissioner Barfield stated safety is the major factor to consider and recommended closing the building during construction. Commissioner Corbett commented on his confidence in a recommendation by John Jeffries and recommended making a decision without appointing a committee. Assistant County Manager, Mary Gornto, stated the Museum Board feels this issue should be studied very closely expressing concern for costs involved in moving the Museum Staff and preservation of displays and artifacts. n Motion: After further discussion on safety as the number one factor, Commissioner Barfield MOVED, SECONDED by Vice-Chairman O'Neal to close the Museum during construction. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY ATTORNEY Authorization for County Attorney to Advertise for Public Hearing to Consider Application to the N. C. Wildlife Conunission for Establishment of No Wake Zone for a Portion of Waters Located In New Hanover County With Reference to Request by Mr. M. J. Andrews County Attorney, Robert W. Pope, commented on the request by Mr. M. J. Andrews, to seek a "No Wake" Zone in waters known as Shell Island Sound stating Public Notice has not been given since a majority of the water is in the Town of Wrightsville Beach. He requested authorization to publish Public Notice for any portion of water located in New Hanover County stating a resolution will 0,,1 be presented at the next meeting when this factor has been determined. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Corbett to authorize the County Attorney to advertise for a Public Hearing for an application to the N. C. Wildlife Commission for establishment of a No Wake Zone for the portion of waters located in New Hanover County in Shell Island Sound as requested by Mr. M. J. Andrews. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ I..' 1-- >=.r. I I MINUTES OF REGULAR MEETING, MAY 1, 1989 (CONTINUED) .If fI , ,., ADJOURNMENT Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 10:00 o'clock P.M. Respectfully submitted, ~e~a~ Clerk to the Board ~