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1989-07-10 Regular Meeting r" 56? MINUTES OF REGULAR MEETING, JULY 10, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 10, 1989, at 7:30 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.; E. L. Mathews, Jr.; I Vice-Chairman Nolan O'Neal; Chairman Fred Retchin; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Skip Williams, Pastor of Fifth Avenue United Methodist Church, gave the invocation. Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. PRESENTATION OF CERTIFICATES OF APPRECIATION FOR SERVICE ON VARIOUS BOARDS AND COMMISSIONS Chairman Retchin, 0).1 behalf of the Board of Commissioners, presented Certificates of Appreciation to the following persons who have served on various boards and commissions: Dr. William Harris New Hanover County Planning Commission Mr. Delano Richard Collins New Hanover County Board of Fire Commissioners I Mr. E. Marion Covil, Jr. New Hanover County Board of Fire Commissioners Mr. Carroll R. League New Hanover County Board of Fire Commissioners Mr. Gary S. Rowe New Hanover County Board of Fire Commissioners Dr. Howard Armistead New Hanover County ABC Board Mr. William E. Burnett Human Relations Commission Mr. Charles E. Mintz New Hanover County Industrial Facilities and Pollution Control Financing Authority Mr. Wallace I. West Jury Commission Mr. Ronald H. Woodruff Parks & Recreation Advisory Board I Dr. Joseph H. Johnson New Hanover County Museum Board of Trustees NON-AGENDA ITEMS Chairman Retchin asked if public would like to comment on Regular Agenda or an item listed fOllowing issues were discussed: anyone from the general an item not listed on the on the Consent Agenda. The II.. ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) " .56.8 I Presentation of Flag in Commemoration of the City of Wilmington's 250th Anniversary Mr. Irving Fogler, a member of the 250th Anniversary Commi ttee, expressed appreciation to the Commissioners for participating in funding of the birthday celebration of the City of Wilmington stating he is glad to announce that New Hanover County is an official sponsor of this event. He presented the Board with a flag designating New Hanover County as an official sponsor and requested that it be flown under the American Flag on the County Administration during the year. Consensus: It was the consensus of the Board to accept the flag and instruct Property Management to fly the 250th Anniversary Flag as requested. Discussion of Water & Sewer Fee Schedule Mr. Allan Mozingo, Finance Director of the Water & Sewer District, stated the fixed bi-monthly sewer fee was incorrectly presented in the 1989/90 Budget Ordinance and requested approval of a correction from $12.00 to $12.40. Motion: Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to approve the corrected ordinance reflecting a fixed residential bi-monthly (single-family) fee of $12.40. 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. I Recognition of Ms. Naomi Yopp, Manager of the Glenn Motel at Wrightsville Beach Commissioner Corbett stated the New Hanover County Board of Health recognized Ms. Naomi Yopp, Manager of the Glenn Motel at Wrightsville Beach, for receiving Grade A Sanitation Ratings for the past 50 years. He requested Mr. Robert Parker, Director of Health, to read the letter presented by the Board of Health so the entire County can be informed of this accomplishment. Heal th Director Parker read the letters presented by the New Hanover County Board of Health Department and Assistant State Health Director. Chairman Retchin, on behalf of the Board, commended Ms. Yopp for aChieving this outstanding record. Request for SBI Investigation of New Hanover County Jail and Court System Mr. Larry Whitten requested an SBI investigation of the New Hanover County Jail and JUdges in this judicial district. He expressed concern for paying child support and not being unable to see his children while incarcerated. Commissioner Barfield stated the County Comrnissioners do not have authority to call for an investigation of the Jail and Judges in New Hanover County; however, if he wishes to file a complaint, he should contact Governor James Martin. I APPROVAL OF CONSENT AGENDA Commissioner Corbett requested removal of Consent Agenda Items #2 and #4 for further discussion. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to remove Items #2 and #4 from the Consent Agenda with approval of the remaining items as follows: Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Budget Amendment #89-0348 - Parks and Recreation The Commissioners approved the following Budget Amendment: ~ 5'64 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUE])) 89-0348 Beach Access - Snow's Cut Debit Credit Beach Access - Snow's Cut Snow's Cut Grant Operating Transfer In (from Gen. Fund) $53,590 8,933 Non-Departmental/Contingency Contingency 8,933 Non-Departmental/Transfer to Other Funds Transfer to Other (Fund 310 Beach Access/ Snow's Cut - Parks & Rec.) $ 8,933 n Beach Access - Snow's Cut Other Improvements Capital Outlay 59,123 3,400 Purpose: To establish budget for Snow's Cut Beach Access Grant approved by the County Commissioners on March 20, 1989. Adoption of Resolutions Requesting Addi tion of Roads to State Secondary Road System The Commissioners adopted resolutions requesting addition of the following roads to the State Secondary Road System: Forest Avenue, Sycamore Street and French Road Greenwood Estates Subdivision Division File #617-N & #620-N Cove Road Glenwood Subdivision Division File #618-N Copies of the Resolutions are contained in Exhibit Book n XVII, Page 20. ,. rl Approval of Revised Landfill Rate Structure The Commissioners approved the following rate structure for non-standard waste disposal at the Landfill to become effective October 1, 1989: LANDFILL RATE STRUCTURE Avg. Wgt. % % Waste Type per cubic yd Ratio Calcul. Approved Mixed Const. 475 lb/yd .86 116% 100% Yard Waste/ Landscape 725 lb/yd 1. 32 76% 75% Ashes (WB) 1909 lb/yd 3.47 29% 30% Concrete, Brick, Dirt 2500 lb/yd 4.55 22% 20% Nitrex LJ Sludge 539 lb/yd .98 102% 100% Corning Glass Sludge 1012 lb/yd 1. 84 54% 55% Shingles 1318 lb/yd 2.40 41% 40% Authorization for Placement of Pro Bono Award Plaque to Addison Hewlett in the Judicial Building The Commissioners authorized the New Hanover County Bar ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) :565 ", Association to place a Pro Bono Award Plaque to Addison Hewlett in the Judicial Building. Director of Engineering & Facilities, Ed Hilton, is to coordinate a suitable location for the plaque as a perpetual tribute to the last Addison Hewlett, Jr., an outstanding lawyer, legislator, humanitarian and friend of the citizens of New Hanover County. The Commissioners stipulated that the New Hanover County Bar Association will be responsible for upkeep and updating of the plaque. J --.. I APPROVAL OF CONSENT AGENDA ITEM 12 BUDGET AMENDMENT 190-001 FOR FUNDING OF TWENTY-TWO (22) ADDITIONAL POSITIONS Commissioner Corbett commented on being opposed to funding additional positions for the Department of Social Services and requested a separate vote on this item. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to approve the Budget Amendment for funding of the twenty-two (22) additional positions for the Department of Social Services. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Mathews Vice-Chairman O'Neal Chairman Retchin Voting Nay: Commissioner Corbett 90-0001 Department of Social Services/Non-Departmental Debit Credit Non-Departmental Contingencies $142,083 I DSS/Administrative Grant DSS Administrative Grant House Bill 401 House Bill 1567 Adoption IV-E 136,077 100,000 29,500 75,000 Salaries Social Security Retirement Dental & Medical Insurance $395,824 29,726 8,215 48,895 Purpose: To budget funds for 22 new staff positions for the Department of Social Services. ADOPTION OF RESOLUTION SUPPORTING CERTIFICATE OF NEED APPLICATION SUBMITTED BY NEW HANOVER MEMORIAL HOSPITAL FOR LICENSURE OF FREE STANDING AMBULATORY SURGICAL FACILITY Commissioner Corbett requested an explanation of the resolution supporting a Certificate of Need Application submitted by New Hanover Memorial Hospital for a free standing ambulatory surgical facility. I Mr. Stephen W. Wesklake, Director of Planning & Marketing of New Hanover Memorial Hospital, commented on the Certificate of Need program being legally redefined stating hospi tals are applying for separate licensure of existing ambulatory services. He stated New Hanover Memorial Hospital is not applying for any new services ,but for existing services and would appreciate the Commissioners support of the Certificate of Need Application. Motion: After discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to adopt a resolution supporting the Certificate of Need Application being submitted by New Hanover Memorial Hospital. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 566 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) A copy of the resolution is contained in Exhibit Book XVII, Page 20. Commissioner Corbett requested Mr. Westlake to present a status report on negotiations between New Hanover Memorial Hospital and Wilmington Health Associates (WHA) with reference to the Certificate of Need Application by WHA for opening a freestanding Endoscopy Ambulatory Surgical Facility. Mr. Westlake stated the attorneys for New Hanover Memorial Hospital and Wilmington Health Associates are in the process legally reviewing the matter with a concern for anti-trust laws which could prohibit execution of an agreement limiting Wilmington Health Associates to Endoscopy services only. n "---) Consensus: It was the consensus of the Board to request the hospital to continue to negotiate an agreement, if possible. AUTHORIZATION FOR ESTABLISHMENT OF TASK FORCE FOR FILING OF ROBERT WOOD JOHNSON GRANT CAPE FEAR SUBSTANCE ABUSE CENTER, INC. Mr. Robert Wilson, Executive Director of the Cape Fear Substance Abuse Center, Inc., stated in order to comply with criteria of the Robert Wood Johnson Grant application, a community-wide Task Force on drugs and alcohol abuse should be created. He stated the Planning Committee has identified several individuals and/or organizations qualified to serve on this Committee. He requested establishment of the committee as soon as possible with a deadline date for submission of the grant by September 1989. commissioner Barfield asked if the Drug Prevention Task Force will be included in this program? Mr. Wilson stated they have been asked to participate and invited the 01' Commissioners to attend a meeting on August 9, 1989, at 7:00 P.M. in the DSS Building where representatives will be present. Consensus: After discussion of the importance of obtaining funds to reduce alcohol and drug abuse in our community, it was the consensus of the Board to authorize Mr. Wilson to prepare a recommendation of persons and organizations to be appointed to the Task Force and present to the Board of Commissioners on August 21, 1989. Consensus: Further discussion was held on the cost of mailings by the Cape Fear Substance Abuse Center. It was the consensus of the Board for Cape Fear Substance Abuse to fund the cost of paper with the cost of mailing being funded by the New Hanover County Planning Department. I, ADOPTION OF NORTH CAROLINA SECONDARY ROAD CONSTRUCTION COUNTY Fiscal Year 1989-90 Mr. Jim Cook, Highway Maintenance Engineer of the N. C. Department of Transportation, Division of Highways, presented the following secondary road construction allocation proposals for New Hanover County for Fiscal Year 1989/90: DEPARTMENT OF TRANSPORTATION ALLOCATIONS FOR NEW HANOVER Proposal #1: Estimated July 1, 1989, Allocation: o $50,465 Residential/Subdivision Roads Supplement W.o. 6.252150 SR 1519, Piner Road, Grade, Drain, Base, Pave, and Erosion Control from SR 1492 to Dead End 0.30 Mile (original W.o. $46,000) Unanticipated drainage required. ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 567 ., Additional Cost 20,000 sub-total $30,465 Ogden Volunteer Fire Department 8,465 Sub-total $22,000 Volunteer Fire Departments, Rescue Squads and Reserve I Sub-total 22,000 $00,000 Proposal #2: Addendum to Proposed 1989-90 Program upon adoption of new Highway Revenue Bill by the General Assembly Sub-total $60,244 14,000 $74,244 Additional allocation estimated July 1989 From Reserve: Priority Number 1: SR 1728 - Myrtle Gardens Drive - Grade Drain, Base, Pave and Erosion Control From SR 1492 to End of Maintenance 0.54 Mile Estimated Cost 55,000 Sub-total $19,244 I Priority Number 2: SR 1709M, Tennessee Avenue and 2nd Avenue Base, Pave, and Erosion Control from US Highway 421 to Dead End 0.17 Mile Estimated Cost 19,244 Sub-total $00,000 Mr. Cook commented on the formula used by the N. C. Department of Transportation in allocating funds stating based on unpaved mileage of 11.67 miles in New Hanover County, the allocation is small. He presented the new priority rating system as follows: Residential Subdivision - 20 homes per mile plus or minus. Rural - Under 20 homes per mile. I Mr. Cook stated the assignment of the letter M to State State Roads allows the Department of Transportation to combine roads in subdivisions under one general allocation instead of returning later to pave a small portion of a road which is extremely expensive. Chairman Retchin stated the Planning Director has recommended placing Darden Road (SR 1407) higher on the priority list of the N. C. Department of Transportation in order to provide another access road for residents of the Middle Sound/Ogden community. Mr. Cook stated the priority list can be amended by complying to the following procedures: 1. Property owner participation payment. 2. Schedule a Public Hearing to receive comments from the general public and then request the ~ 568 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) Department of Transportation to amend the priority list. Discussion was held on the need for another access road in the Middle Sound/Ogden area. Mr. Cook stated when dirt roads were counted by the Department of Transportation, Darden Road was placed in the 24th position due to a barricade between a new subdivision and the existing Darden Road, which prohibits counting houses on the other side of the barricade. Motion: After discussion, Commissioner Corbett MOVED, n SECONDED by Commissioner Mathews to approve the allocation " proposals as presented by the North Carolina Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on requests received at the Public Hearing held on March 21, 1988, with reference to traffic signals. Commissioner Corbett requested Mr. Cook to see if the local DOT office has completed traffic control studies of the following locations: 1. U.S. 117 at State Road 1399 - Mike's BBQ (Blue Clay Road) . 2. N.C. 132 at State Road 1318 (Blue Clay Road). 3. Kerr Avenue at State Road 1318 (Blue Clay Road). 4. Kerr Avenue at Bavarian Lane 5. 23rd Street at the Airport Road 6. U. S. 421 at K-Mart. Mr. Cook stated he would be glad to check with Mr. Bowers to see if these studies have been completed. He also expressed appreciation for the support of the Board of Commissioners and County Staff in working with the Department of Transportation. ACCEPTANCE OF STANDARDS FOR CHILD CARE RESOURCE AND REFERRAL AFFILIATES OF THE RESOURCE INFORMATION EXCHANGE AS SUBMITTED BY THE AD HOC DAY CARE COMMITl'EE Ms. Georgia Spiliotis, Chairman of the Ad Hoc Day Care Committee, commented on the activities of the Day Committee stating the Committee has met with a cross-section of Day Care Operators, Child Care Consultants, and parents of children using day care facilities in New Hanover County to ascertain the level of services being provided and how improvements can be made. After compiling information on concerns expressed by all groups, the Ad Hoc Day Care Committee realized that all persons involved had recommended establishment of an Resource Information Exchange to enhance accessibility, improve the quality, and affordability of child care in New Hanover County. Ms. Spiliotis presented a draft of Standards for Child Care Resource and Referral Affiliates of the Resource Information Exchange and introduced Ms. Nancy Bundy to explain the advantages of establishing this referral system. o Ms. Bundy establishing an follows: presented the major advantages Resource Information Exchange System of as 1. Information will be available to parents on options, quality indicators, and costs necessary to make informed child care choices. n 2. The referral system Providers technical necessary to enter going quality care. will offer Child Care assistance and training the field and provide on 3. The referral system will provide the community comprehensive data on supply and demand necessary to make sound decisions on child care policy. ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 569 " Ms. Spiliotis requested acceptance of the Standards for establishing a Resource Information Exchange as presented. I. Discussion was held on funding of a Resource Information Exchange system. Ms. Spiliotis stated the Committee has requested approval of the standards as Phase I with implementation of an Resource Information Exchange System as Phase II. Once Phase II is studied, a recommendation will be prepared and presented to the Commissioners at which time a funding decision will be made. commissioner Corbett expressed appreciation to members of the Ad Hoc Day Care Committee for their enthusiasm and hard work in studying and addressing the day care issue. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to accept the standards of the recommendation (Phase I) as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Spiliotis expressed appreciation for acceptance of the standards and requested assistance of the County Attorney's office in approachiHij Phase II. Consensus: It was the County Attorney's office the Day Care Committee project. consensus of the Board that the would provide legal assistance to in approaching Phase II of the A copy of the Standards for Child Care Resource and Referral Affiliates is contained in Exhibit Book XVII, Page 20. I PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE A PORTION OF A 1. 7 ACRE TRACT ON THE NORTH SIDE OF PINER ROAD, EAST OF THE U.S. HIGHWAY 421 AND N.C. 132 INTERSECTION TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-377) Chairman Retchin opened the Public Hearing. Mr. John Sawyer, a member of the Planning Commission, presented background information on the proposed rezoning stating the Planning Commission voted unanimously to approve the request since the proposed rezoning would be generally consistent with County policies for growth and development and would not adversely impact upon residential property. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the rezoning request. No one commented. Chairman Retchin closed Public Hearing. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to approve the rezoning request as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of "AN ORDINANCE OF THE COUNTY OF AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF COUNTY, NORTH CAROLINA, ADOPTED APRIL 14, contained in Zoning Book I, Section 4, Page 28. NEW HANOVER NEW HANOVER 1971," is PUBLIC HEARING TO CONSIDER REZONING 4.6 ACRES ON THE WEST SIDE OF U. S. HIGHWAY 421, OPPOSITE GOLDEN ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-380) Chairman Retchin opened the Public Hearing. Mr. John Sawyer, a member of the Planning Commission, presented background information on the rezoning request stating the Planning Commission voted unanimously to approved the request feeling the area around Golden Road at U. S. Highway 421 constituted a well-defined commercial cluster. ~ , , 570 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Mathews to approve the rezoning request as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE AMENDING THE ZONING MAP OF JO ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, "( ADOPTED APRIL 19, 1971," is contained in Zoning Book I, Section 4, Page 29. PUBLIC HEARING TO CONSIDER RE,ZONING 3.3 ACRES ON THE EAST SIDE OF U. S. HIGHWAY 17 (MARKET STREET) WEST OF EL OGDEN SUBDIVISION TO B-2 BUSINESS FROM R-15 (Z-379 APPEALED) Chairman Retchin opened the Public Hearing. Mr. John Sawyer, a member of the Planning Commission, stated the request was denied by the Planning Commission based on the conclusion that rezoning would contribute to further strip commercial development along Market Street and encroach on the El Ogden Subdivision. He stated the Planning Staff recommended approval of the request. Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following person commented: Mr. Ned Barnes, representing the petitioner, Mr. Hillman Godwin, stated the rezoning request does meet the criteria stated in the Zoning Ordinance as follows: 1. Rezoning of the property will not be a financial burden to the citizens at large. n 2. The environment will not be minimized. 3. The development is compatible with existing and proposed land use. 4. With placement of a 20 ft. structure, a 75 foot rear setback is required with 1/2 of this area being a buffered area to maintain the existing vegetation. 5. Rezoning of the property will not impact upon the traffic flow. Mr. Hillman Godwin, the petitioner representing the owners of the property, Sara Foyles Grady, Wilbur Green, and Violet Green, commented on the highest and best use of the property stressing the importance of allowing the property owners to sell this property which is not desirable for residential use. Ms. Sara Grady stated the property in question cannot be used for residential use with the amount of traffic on Market Street. She respectfully requested approval of the B-2 rezoning request. n 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 encroachment of commercial development on El Ogden Subdivision, increased traffic, and the environmental impact upon Howe's Creek: Ms. Marsha Harris Mr. Gary Harris ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 51!~ Chairman Retchin closed the Public Hearing. A lengthy discussion was held on commercial encroachment upon a residential community. Commissioner Barfield recommended a residentially zoned 50 ft. natural buffer across the back of the property to be included within the 75 ft. setback. --"" ., , ~....:-d Planning Director Hayes expressed concern for zoning a residential strip stating the size of the proposed building will require a 75 ft. setback with 35% of the setback being a landscaped or vegetated buffer. Motion: After a lengthy discussion on the size of the building controlling the setback requirements, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve the B-2 rezoning request with a 50 foot residentially zoned natural buffer across the back of the property. 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. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED SEPTEMBER 7, 1971," is contained in Zoning Book I, Section 6, Page 47. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER REZONING 11.2 ACRES ON THE NORTHWEST SIDE OF MARKET STREET SOUTH OF PORTER'S NECK ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-378 APPEALED) Chairman Retchin opened the Public Hearing. '.'--..'''''" , i I Mr. John Sawyer, a member of the Planning Commission, presented background information on the rezoning request stating the Planning Commission voted unanimously to deny the proposed request based upon strip commercial development which is inconsistent with policies for growth and development. Chairman Retchin asked if the petitioner or anyone present would like to speak in favor of the rezoning request. The following person commented: Mr. Kenneth Parker, the petitioner, commented on scattered commercial zoning of properties along this portion of Market Street stating the property in question is not suitable for residential development. He also commented on the need for a small shopping mall in this section of the County. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: Mr. John Jeffries, a resident of Porter's Neck Road, requested postponing action on this rezoning request until after July 17, 1989, at which time a Porter's Neck Neighborhood Plan will be presented to the neighborhood and the residents can hear the proposal being submitted by Mr. Parker. (I Discussion was held on the title to the property. Parker stated he was in the process of purchasing property from the University of North Carolina; however, title search has not been, completed. Chairman Retchin closed the Public Hearing. Mr. the the Motion: After discussion of the property title and the community meeting to be held on July 17, 1989, Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to postpone action on this rezoning request until July 24, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( SJ;2.. MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR LOCATING A CHILD DAY CARE FACILITY AT 6768 GORDON ROAD Chairman Retchin opened the Public Hearing and requested all persons present wishing to give testimony to step forward to be sworn in by the Clerk to the Board. The fOllowing persons were sworn in: Mr. Paul Watson Ms. Thalia Dukes Planning Director facilities are permitted districts and presented facts: Hayes stated child day care by Special Use Permit in R-15 the fOllowing staff findings of ~ \\ J General Requirement No.1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings of facts: a. The site has direct access to Gordon Road. b. A sewage disposal system (septic tank) plan has been authorized by the Health Department. c. The site is located within the Ogden Volunteer Fire Department. General Requirement No.2: The proposed use required conditions and specifications based following findings of fact: meets upon all the a. Adequate area is available to accommodate all required off-street parking. b. An improved driveway providing access to and from the site is to be constructed in a manner that when leaving the site cars will not be backing onto Gordon Road. c. The proposed play area will be fenced to a minimum height of four (4) feet. d. A sign, not to exceed twelve (12) square feet is proposed. (Note: This is the maximum allowed when the road is so designated.) e. Application has been made to the State Day Care Licensing Division. Cl ~ General Requirement No.3: The proposed use SUbstantially injure the value of adjoining or property based upon the following findings of fact: will not abutting a. The area's residential uses have slowly declined over the last few years. Property to the east has been the subject of commercial infusion, while property to the west has been rezoned to Light Industrial. Farming uses continue to be the predominate use of land to the north. General Requirement No. according to the plan as harmony with the area in general conformity with Hanover County based upon 4: The proposed use if developed submitted and approved will be in which it is to be located and in the plan of development for New the following findings of fact: r ,J a. This area is in a state of transition from residential to non-residential uses. Planning Director Hayes asked the petitioner, Mr. Paul Watson if he concurs with the staff's findings of facts. Mr. Watson agreed with Staff's findings as presented. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to granting the Special Use Permit. The following person commented: l MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 57 3 " Ms. Thalia Dukes, an adj oining property owner, expressed concern for the safety of children and requested that the Speed Limit be reduced from 55 MPH to 15 MPH. Chairman Retchin closed the Public Hearing. I Motion: After discussing the importance of providing day care facilities, Commissioner Corbett MOVED, SECONDED by Vice-Chairman 0' Neal to grant a Special Use Permit based upon the FINDINGS OF FACTS presented concluding that the four general requirements have been met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 37. PUBLIC HEARING TO CONSIDER A RECOMMENDATION TO REVISIONS TO SECTIONS 23.54 AND 23.55 OF THE ORDINANCE CLARIFYING SETBACKS FOR FUEL PUMP OVERHEAD CANOPIES AND BANK DRIVE-THRUS (A-198) Chairman Retchin opened the Public Hearing. APPROVE ZONING ISLANDS, I Mr. John Sawyer, Chairman of the Planning Commission, stated the proposed Text Amendment was initiated by the Inspections Department. He stated the proposal establishes a clearly defined setback requirement for bank drive thrus, fuel pump islands and overhead canopies. At the initial hearing of the proposed Text Amendment, the Planning Commission determined that additional information would be needed before it could make a decision. The item was continued to the next meeting of the Planning Commission at which time Inspections Director, S. D. Conklin, explained the historical interpretation of setbacks as applied to these uses. After hearing Mr. Conklin, the Planning Commission concluded that the proposed Text Amendment would eliminate the uncertainly now surrounding the application of setback for these uses and voted unanimously to approve the proposal as presented. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of the canopy and setback, Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to approve the following Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. TEXT AMENDMENT: Under Section 23-54 Fuel Pump Island add at the end of the paragraph: "Setback distances from street right-of-way may be reduced by one-half." I" Under section 23-55, Overhead Canopy, revise as follows: "Any structure placed over, around or near a fuel pump island or bank drive-thru and intended to provide lighting or protection from the elements for island users........... Also, add at the end of the paragraph: "Setback distances from street right-of-way may be reduced by one-half. A copy of the Text Amendment is contained in Exhibit Book XVII, Page 21. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH A MINIMUM 15 FOOT SIDE YARD SETBACK FOR CORNER LOTS (RESIDENTIAL) IN PLANNED DEVELOPMENT DISTRICTS (A-199) Chairman Retchin opened the Public Hearing. ~ 574 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) Mr. John Sawyer, a member of the Planning Commission, stated the proposed Text Amendment is to establish a standard corner lot side yard setback for residential uses in PD Planned Development Districts. He stated the Planning Commission voted unanimously to approve the proposed Text Amendmen t . 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. Motion: Vice-Chairman O'Neal MOVED, Commissioner Mathews to approve the following as presented by the Planning Commission. MOTION CARRIED UNANIMOUSLY. SECONDED by Text Amendment Upon vote, the n Chairman Retchin closed the Public Hearing. TEXT AMENDMENT: Under Section 52.5-2(3) Building Setback and Separation add: "The minimum side yard for a corner lot on interior streets shall not be less than 15 feet for residential uses and not less than 25 feet for non-residential uses." PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE/PROPERTY NUMBERS ON BEASLEY ROAD, BELT ROAD, CLEWIS AVENUE, GREENVILLE SOUND ROAD, AND KENNEDY DRIVE Chairman Retchin opened the Public Hearing. Planning Director Hayes stated a number of typographical errors were made on the agenda and requested the following corrections: Lewis Road to Clewis Avenue Kennedy Road to Kennedy Drive Belt Drive to Belt Road o Planning Director Hayes gave background information on the systematic house number assignments and requested approval of an order reassigning house numbers as presented. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the assignment of house numbers as presented by the Planning Department. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman O'Neal to adopt an order authorizing assignment of house numbers on Beasley Road, Belt Road, Clewis Avenue, Greenville Sound Road, and Kennedy Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVII, Page 21. AWARD OF BIDS FOR THE MUSEUM EXPANSION Director of Engineering & Facilities, Ed Hilton, recommended award of the following low bids: Clancy & Theys Construction Company General Contractor $2,071,300 n Sneeden, Inc. Plumbing Contractor $ 66,700 McCarter Electric Company Electrical Contractors $ 309,378 J. J. Barnes, Inc. HVAC Contractors $ 372,630 I ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) -.,., 515 ' Director Hilton commented on closing the Museum during expansion stating a minimal amount of money can be saved by relocation of the Museum Staff. He stated after discussion of public safety with the architect, Mr. John Jeffries, the Museum Advisory Building Committee recommends that the existing building remain open during the construction phase. t Motion: After discussion of public safety and the advantages in allowing the Museum to remain open, Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to: (1) award the low bids as presented; (2) authorize the County Manager to execute the contracts subject to approval by the County Attorney; (3) to approve the necessary Budget Amendment; and (4) allow the Museum to remain open during the Museum Expansion. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the bid tabulations are contained in Exhibit Book XVII, Page 21. APPROVAL OF COUNTY-WIDE RADIO SYSTEM Director of Engineering & Facilities, Ed Hilton, presented background information on the proposed 800 MHZ Motorola Radio System which provides a voice and telemetry system for use by the Sewer System along with a base for a two-way radio system for all County Departments. He stated due to the cost involved, the Commissioners requested Booth & Associates, Consultants, to evaluate the Motorola bid and ascertain if the County needs a system of this type, and if not, what type of system the County should purchase. Director Hilton stated the report has been received and copies furnished to the Commissioners with Booth & Associates recommending acceptance of the Motorola System. He requested direction from the Board of Commissioners. _lit. .. A lengthy discussion was held on an alternative system. Director Hilton stressed the importance of monitoring all sewer pump stations on a continuous basis in order to avoid sewage spills and listed the following advantages of the proposed system: (1) repeater capabilities to handle up 425 units; (2) telemetry capabilities for the entire county-wide Sewer System; (3) a paging system with the capability to notify on-call personnel during off-duty hours with no manual monitoring of the system; and (4) the radio tower which will place repeaters at the proper elevation so the signal can be placed throughout the County. Commissioner Mathews commented on the net cost of the proposed radio system asking what the figure will be since some of the cellular phones will be eliminated? Director Hilton stated cellular phones currently being used have been purchased by the County; however, the monthly fee for maintenance will be alleviated. He stated the total cost for a 5-channel system is $941,523 and $923,861 for a 3-channel system. The initial Phase I of the Motorola Radio System will cost approximately $750,000 with adding various equipment as needed. . Vice-Chairman 0' Neal requested an explanation of how the radio system will be funded. Director Hilton stated the system will be purchased through a lease/purchase agreement with a local bank. Chairman Retchin stressed the importance of proceeding immediately with telemetry for the pump stations stating the Booth report commented on an alternative system at a cost of $708,000 for telemetry only not including the personnel costs involved for monitoring of that system. Commissioner Corbett involved and asked if expressed concern for the cost other alternatives have been ~ ;/ I ( 57& f 1 I \ { .~ i i I I. i ;, ; l i r ( t I I ~ 1,1, l j t i l ~.~ 1 I MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) investigated? Director Hilton stated telemetry radio systems are available at 2/3 the cost of the Motorola System; however, the console must monitored 24 hours a day, 7 days a week. Commissioner Barfield expressed concern for spending $1,000,000 for a radio system with the mounting needs of services to be provided to the citizens of New Hanover County. Commissioner Corbett stated he is bothered by the cost of the system stating he is not convinced that a system of this type is needed. ~ \ I ( ,-,~ Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman O'Neal to authorize Director Hilton to negotiate a final proposal with Motorola for the 800 MHZ System to be presented to the Board for final approval. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Mathews Vice-Chairman O'Neal Chairman Retchin Voting Nay: Commissioner Barfield Commissioner Corbett ACCEPTANCE OF FAA GRANT AND AWARD OF AIRPORT TERMINAL BIDS County Manager Cooper requested the Commissioners to accept FAA grant funds for Phase II, construction of the terminal building (all building finishes and equipment) and construction of the terminal access road. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to: (1) accept the FAA grant in the amount of $2,374,918 subject to the terms and conditions as specified by FAA; (2) authorize the Chairman to execute the grant; and (3) designate the County Manager as the person to request payments under the grant agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. (}-~\ .....:::-'/ Director of Engineering & Facilities, Ed Hilton, requested award of the following bids stating the Plumbing bid should read $409,800 instead of $371,000: Leader Construction Sneeden, Inc. Sneeden, Inc. Reagan Electric $3,231,376 (General) $ 409,800 (Plumbing) $1,210,500 (HVAC) $1,411,050 (Electrical) Discussion was held on delaying the purchase of a second baggage device and adequate backup in case of mechanical failure. Director Hilton stated if the baggage device should malfunction, the baggage would have to be carried manually on the elevator to the pickup area; however, after discussion with HNTB it is felt that one device should be sufficent. Chairman Retchin expressed concern for usage of jetway by US Airway. Director Hilton stated the jetway be driven from one area to another and after discussion HNTB, they feel one jetway should be adequate. one will with (rt i Discussion was held on not accepting the low bid for the HVAC contract. Commissioner Corbett requested an explanation as to why the low bidder, R. L. Blanton & Company, Inc. was not awarded the bid. Director Hilton stated R. L. Blanton & Company did not meet the Disadvantaged Business Enterprises 11% goal and requested Ms. Pat Melvin to explain the DBE program. 'l \ ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 577 " I Ms. Melvin stated the Disadvantaged Business Enterprise program is a requirement of the U. S. Department of Transportation when funding levels are received in an amount of $400,000. New Hanover County abides by Title 49.23 of Federal Regulations agreeing to take maximum measures to include participation by minority and women businesses. The contract in question required an 11% DBE participation goal which was not met by the low bidder, R. L. Blanton, & Company, Inc.; therefore, the next lowest bidder meeting the participation goal, Sneeden, Inc., was awarded the bid. Outlined in the bid package was a bid condition explaining how contracts would be awarded; therefore, the contractors submitting proposals were aware of the DBE requirements. Commissioner Mathews asked if DBE requirements differ for funds received from the U. S. Department of Transportation for construction of airport terminals. Ms. Melvin stated the DBE program as designed addresses airport construction only. County Attorney Pope stated the conditions of the bid package have been approved by FAA and if the Commissioners were not to award the bid as recommended after the DBE review, the County would be in conflict with FAA requirements. I Mr. William R. Shell, Attorney representing R. L. Blanton & Company, Inc. commented on the Ms. Melvin's statements stating the participation goal does not have to be met at the letting of the bids. He commented on Federal Regulations governing the DBE program stating that goal participation should be a matter of negotiation after opening of the bids. The position taken by the County and Ms. Melvin is that the participation goal is a requirement of the bid itself; however, according to North Carolina law the County is governed by State bidding regulations which require award of the bid to the lowest bidder. He commented on a good faith effort by Mr. Blanton and requested delaying award of the bid in order to allow his client to finish negotiations with a minority contractor. Commissioner Barfield asked if a person can be allowed time to negotiate DBE participation after award of the bid? Ms. Melvin stated U. S. Department of Transportation regulations allow the sponsor (New Hanover County) to require submission of DBE participation at the time bids are opened and awarded. Commissioner Corbett suggested delaying award of the bid for two weeks. After a lengthy discussion on compliance to the DBE regulations, County Attorney Pope recommended awarding the bid to Sneeden, Inc. since the bid documents required DBE participation at the time of submission. Commissioner Barfield expressed concern for jeopardizing FAA funding and recommended proceeding with the bid awards as presented. I Motion: After further discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman O'Neal to: (1) award the low bids as presented and corrected; (2) authorize the County Manager to execute the contract subject to approval by the County Attorney; and (3) delay purchase of a second baggage device. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the bid tabulations are contained in Exhibit Book XVII, Page 21. MEETING RECESSED TO HOLD A SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Commissioner Corbett MOVED, SECONDED by Vice-Chairman 0' Neal to convene from Regular Session to hold a Special Meeting of the Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 578 MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) Chairman Retchin convened from Regular Session at 10:59 o'clock P.M. Commissioner Corbett MOVED, 0' Neal to reconvene to Regular MOTION CARRIED UNANIMOUSLY. SECONDED by Vice-Chairman Session. Upon vote, the Chairman Retchin reconvened to Regular Session at 11:11 o'clock P.M. ADDITIONAL ITEMS - COUNTY ATTORNEY Adoption of Resolution Confirming Rates of Interest on $23,000,000 Solid Waste Disposal Bonds n Motion: Commissioner Corbett, MOVED, SECONDED by Vice-Chairman O'Neal to adopt a resolution confirming rates of interest to be borne by the $23,000,000 of Solid Waste Disposal Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 22. Approval of Correction to a Deed Easement - Landfall Motion: Commissioner Corbett MOVED, SECONDED by Chairman Retchin to approve a correction to a deed easement conveyed by Landfall as recommended by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Extension of Option with Wilmington Housing Finance & Development, Inc. - Old DSS Building County Attorney Pope stated Wilmington Housing Finance & Development, Inc. has requested an extension of the option for use of the old Department of Social Services Building from July 31, 1989, until September 30, 1989. Motion: Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to execute an extension of the option between New Hanover County and the City of Wilmington for use of the old DSS Building from July 31, 1989, until September 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. n Approval of Equipment Lease Agreement Between New Hanover County and Eastman Kodak Company - Register of Deeds Office Motion: Vice-Chairman O'Neal MOVED, Commissioner Barfield to approve an agreement between New Hanover County and eight (8) Kodak reader-printers. Upon CARRIED UNANIMOUSLY. SECONDED by equipment lease Eastman Kodak for vote, the MOTION ADDITIONAL ITEMS - COUNTY COMMISSIONERS Success of "Rankin Terrace Fun Day" Commissioner Barfield stated the "Rankin Terrace Fun Day" was quite successful and expressed appreciation to Assistant County Manager Mary Gornto for having the doublewide trailers placed on the site. Chairman Retchin expressed appreciation to Commissioner n,_ Barfield for participating and planning the event. Report on News Media Meeting Commissioner Corbett commented on the second meeting held with the new media and the enthusiasm generated by this group in trying to resolve the drug problem. He stated a recommendation by the group is to hold street meetings in the inter-city neighborhoods stating City Councilman Luther Jordan is going to approach the City Council with this idea. Commissioner Barfield stated residents of these neighborhoods are afraid to attend meetings; and if they do ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) 579 " attend they will be hesitant to discuss problems being incurred with drugs. Consensus: After discussion of holding street meetings, it was the consensus of the Board to request Commissioner Corbett to postpone this idea until a later date. I Discussion of Castle HaYne Aquifer Study Commissioner Corbett commented on the Aquifer study asking the length of time completion of the report. Castle involved Hayne with County Manager Cooper stated he would have Planning Director Hayes to present a update on this study. Discussion of Litter Enforcement Officer Commissioner Corbett recommended discussion of the Litter Enforcement Officer at the next meeting of the County Commissioners. Consensus: It was the consensus of the Board to discuss employment of a Litter Enforcement Officer at the meeting of July 24, 1989. Announcement of Reception for New School Superintendent Chairman Retchin requested the Commissioners to select a date for holding a reception to meet the new School Superintendent, Dr. Tom McNeel. Consensus: After discussion, it was the consensus of the Board to plan a reception on Tuesday, July 25, 1989, at 4:30 P.M. on the porch of the Courthouse located at 24 North Third Street. I Approval of Funding for School Crossing Guards Within City Limits County Manager Copper commented on the City deciding not to fund school crossing guards in the 1989/90 budget. He expressed concern for the safety of children and recommended the County pay the City approximately $48,000 to continue this program. Motion: After discussion of safety for children living in the City, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve funding in the amount of $48,000 to be forwarded to the City of Wilmington for funding of schools guards wi thin the City Limits. Upon vote, the MOTION CARRIED UNANIMOUSLY. Rejection of Request by the City of Wilmington for Waiving Tipping Fee at Landfill for Debris Collected During Demolition of Sunset Park School County Manager Cooper stated the City of Wilmington has requested the County to consider waiving tipping fees at the Landfill for debris collected during the demolition of the Sunset Park School. He recommended denying this request since the City is funding a viable proj ect which should include disposal of these materials. I Consensus: After discussion, it was the consensus of the Board to deny waiving the tip fees as requested by the City. Discussion of Senate Bill 509 - Establishment of Statewide 911 Service County Manager Cooper commented on passage of SB 509 allowing counties to hold Public Hearings or referendums to implement a 911 System through imposing a monthly charge to individual telephone bills. He stated the County is spending approximately $175,000 annually for the present 911 System with a projected increase of cost due to maintenance and repair of equipment. He recommended discussion of this item at the meeting of July 24, 1989. ~ 5'8'0 I ~ MINUTES OF REGULAR MEETING, JULY 10, 1989 (CONTINUED) Consensus: It was the consensus of the Board to place this item on the agenda for July 24, 1989. EXECUTIVE SESSION: Chairman Retchin requested calling an personnel matter. stated the County Executive Session At torney has to discuss a Commissioner Corbett MOVED, SECONDED by Chairman Retchin to convene from Regular Session to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. commissioner Mathews MOVED, SECONDED by Commissioner Barfield to reconvene to Regular Session. ADJOURNMENT Commissioner Barfield MOVED, SECONDED Ma thews to adj ourn. Upon vote, the UNANIMOUSLY. by Commissioner MOTION CARRI ED Chairman Retchin adjourned the meeting at 11:48 o'clock P.M. Respectfully submitted, ~./~ Lucie F. Harrell Clerk to the Board j~ n n