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HomeMy WebLinkAbout1989-09-05 Regular Meeting r 630 MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 4, 1989, at 7:30 o'clock P.M. in the Assembly Room of the New Hanover County Courthouse located at 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; E. L. Mathews, Jr.; Vice-Chairman, Nolan O'Neal; Chairman, Fred Retchin; Acting County Manager, Mary Gornto; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. I Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Keith Wiley, Pastor of Ebenezer Missionary Baptist Church, gave the invocation. Commissioner Corbett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to approve the minutes of the Regular Meeting of August 21, 1989, and Special Meetings of August 14, 1989, and August 15, 1989, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Retchin asked if anyone present would like to present an item not listed on the Regular Agenda or comment on an i tern listed on the Consent Agenda. The following issues were presented and discussed: I Presentation of 1989 Marine Expo Tee Shirts Dr. James Lanier, Director of the N. C. Aquarium at Fort Fisher, presented 1989 Marine Expo Tee shirts to each Commissioner and expressed appreciation for support of this event. He invited the Commissioners to attend the events beginning with Open House on October 1, 1989, at the State Ports Authority and opening of exhibits on Thursday, October 5, 1989, at the Coast Line Convention Center. Chairman . Retchin, on behalf of appreciation to Dr. Lanier for the tee success with the 1989 Marine Expo. the Board, expressed shirts and wished him Status Report on Conditional Use Zoning Dr. William E. Sisson, Jr., a member of the New Hanover County Planning Commission, stated the Task Force appointed to study conditional use zoning in New Hanover County is in the process of completing a draft for presentation to the Planning Commission. He stated the ordinance will be presented to the Commissioners at the first meeting in October. Chairman Retchin, on behalf of the Board, appreciation to Dr. Sisson for the status report. expressed APPROVAL OF CONSENT AGENDA I Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Authorization for New Hanover County Library to File Application for State Aid to Public Libraries Program The Commissioners approved the request by the New Hanover County Library to file an application for the 1989/90 State Aid to Public Libraries Program. Estimated revenue from the grant is ~ 'I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED) 631 " $140,408. The Chairman and Acting County Manager were authorized to execute the documents. Approval of Bid Proposal Requesting Funds from State Bill 1599 - Department of Aging . ' The Commissioners approved the bld proposal submltted by the Department of Aging requesting funds from State Bi-l,l 1559. If awarded monies will be used to purchase 20 home dellvered meals per day' and to fund a Minor Home Repair Program. The Chairman was authorized to execute the documents. Approval of Contract/Memorandum of Agreement Between New Hanover County Health Department and New Hanover County School System for provision of School Health Nursing Services The Commissioners approved a Contract/Memorandum of Agreement, Budget Amendment # 90-0042 as follows, and two ( 2) additional Public Health Nurse I positions to provide school health nursing services for Fiscal Year 1989-90. 90-0042 Health Department/School Health Contribution from New Hanover Schools Debit Credit $58,000 $34,330 2,626 2,846 3,334 9,970 4,894 School Health Program (no Salaries and Wages FICA Retirement Medical Insurance Departmental Supplies Employee Reimbursement Purpose: To establish budget for additional County funds required). Ratification of Appointments to Carolina Beach Planning and Zoning Commission The Commissioners ratified the appointments of Jeannette Bennet and C. T. Strickland to serve on the Carolina Beach Planning and Zoning Commission as recommended by the Carolina Beach Town Council. Adoption of Proclamation Declaring the Month of September 1989 as Sickle Cell Month in New Hanover County The Commissioners adopted a proclamation declaring the month of September 1989 as Sickle Cell Month in New Hanover County. A copy of the proclamation is contained in Exhibit Book XVII, Page 28. Adoption of Resolution for Addition of Road to State Secondary Road System The Commissioners adopted a resolution for addition of a portion of Bethel Road in Sea Pines Subdivision (Division File #627-N) to the State Secondary Road System. A copy of the resolution is contained in Exhibit Book XVII, Page 28. Reclassification of Staff Development Specialist I Positions - Department of Social Services The Commissioners approved reclassification of two (2) new Staff Development Specialist I positions to Income Maintenance Caseworker III positions as requested by the Director of Social Services. Report of Budget Amendment *90-0039 For Entry Into the Record - Finance Department The following Budget Amendment was reported for entry into the record: j 632 MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) 90-0030 Finance/Non-Departmental De-bi t Creca t Non-Departmental Contingencies $1,867 Finance Department Rent $5,704 [ Salary FICA Retirement $6,530 500 541 Purpose: To budget for parking attendant at the Third & Market Streets parking lot. Position was approved by the County Commissioners on August 21, 1989. Budget Amendment *90-0040 Reported for Entry Into the Record - Water and Sewer/Operating Fund The following Budget Amendment was reported for entry into the record: 90-0040 Water and Sewer/Operating Fund Non-Departmental/Transfer to Other Funds Transfer/Water & Sewer (to Fund 800/W&S) Debit Credit $8,947 8,948 $8,948 0 $17,895 $ 8,948 Water & Sewer/Operating Fund Contribution/City of Wilmington Transfer In (from General Fund) Non-Departmental Contingencies Water & Sewer Finance Professional Services Purpose: To budget for feasibility City/County Water and Sewer System Commissioners on August 21, 1989). study of (approved a consolidated by the County Approval of Policy Requirements for Design and Inspection of Grease Traps - Engineering Department The Commissioners approved the following policy requirements for design and inspection of grease traps as recommended by the County Engineer: 1. Require at a minimum a 1,000 gallon trap unless logistics of the facility will not allow for this size. Any variation of this requirement (1,000 gallon trap) must be cleared thru the Engineering Office prior to installation. 2. All in-ground traps shall have a standard metal ring and lid on the influent and effluent sides of the trap. This requirement facilitates better inspection, sampling, and cleaning. r I I ~_J 3. All in-ground traps shall have an effluent whether it be concrete or PVC. 4. All in-ground traps shall consist of two ( 2) compartments separated by either a baffle or pipe. 5. All traps shall be located so that easy access is available when inspecting and cleaning. :\ PUBLIC HEARING ON N.C.G.S. 143-128 AND 143-132 CONCERNING SINGLE PUBLIC PRIME CONTRACTOR AND MINORITY PARTICIPATION Chairman Retchin stated a Public Hearing has been called to discuss new legislation addressing establishment of Disadvantage I :1 I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) 63'3 " Business Enterprise Percentage Goals and asked if anyone present would like to comment. The following persons commented: Mr. Maxwell Page, representing the Southeastern Minority Business Association, stressed the importance of allowing small minority businesses to secure contracts stating the inability to provide an adequate performance bond has been a problem with contracts under $100,000. He requested the Commissioners to reduce restraints or waive the performance bond requirement for contracts under $100,000 in order to allow minority businesses to bid competitively. Ms. Germaine Brewington, representing the Southeastern Minority Business Association, stated minority contractors are well qualified to perform jobs; however, they lack the financial expertise to maintain their cash flow. She stressed the importance of timely pay to subcontractors and recommended that guidelines be established stipulating that subcontractors are paid at the completion of a job without having to wait until prime contractors are compensated. Ms. Katherine Moore, owner of Eastern Delivery, stressed the importance of supporting small minority businesses and requested establishing guidelines that will allow them to be more competitive. Ms. Nell Pavelchak, a general partner of a commercial flooring company, commented on problems incurred as a minority business and encouraged support of the new legislation which will assist minority and small businesses in becoming more competitive. Mr. Peter Greer, representing the Southeastern Minority Business Association, requested the Commissioners to address the needs of small minority businesses and give them an opportunity to compete. Mr. Fred Waddell, co-owner of PavCo Asphalt Paving Company, stated a problem encountered by his business is meeting the criteria for bidding jobs. He recommended adjustments to the bidding criteria in order to allow small and minority businesses to compete. Mr. Dave Simpson, representing the Association of General Contractors, Raleigh, North Carolina, stated the General Contractors Association strongly supports Senate Bill 308. He recommended considering the following items when establishing minority: (1) know the percentage of minority contractors, subcontractors, suppliers, bonders, etc. in the area; ( 2) hold seminars for minority businesses to inform them of the goals; (3) provide technical assistance to minority businesses; (4) provide advance notice of County projects to minority businesses; and (5) develop a list of minority contractors, subcontractors, suppliers, and others who are members of minority businesses to achieve goals established. Mr. Jon Faill, Purchasing Director of Miller Building Corporation, stated he supports Senate Bill 308 and recommended establishing a goal of 10% as recommended by the State. Chairman Retchin expressed appreciation comments and stated before establishing a further discussion should be held. for the percentage public goal, Ms. Pat Melvin, MBE Program Manager, commented on a survey of minority businesses in our area and urged the Commissioners to consider contracts smaller than $100,000 when applying the minority participation legislation throughout the County's contracting process. commissioner Barfield recommended support of Senate Bill 308 and requested organizations such as the Committee of 100 and Cape ,~ 6 3 LrINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED) Fear community College, which ~re partially funded by the County, to support minority participation. Chairman Retchin stated Ms. Melvin will establish guidelines for establishment of DBE goals which will be presented at a later date. RATIFICATION OF MEMBERS TO SERVE ON THE COMMUNITY TASK FORCE FOR THE ROBERT WOOD JOHNSON FOUNDATION GRANT APPLICATION Mr. Robert F. wi lson, Execu ti ve Director of the Cape Fear Substance Abuse Center, presented a list of members to be appointed to the Community Task Force for the Robert Wood Johnson Foundation grant application stating this committee can be expanded as needed. ~ I I I L- Motion: After discussion of having representatives from the Board of County Commissioners, commissioner Corbett MOVED, SECONDED by Commissioner Mathews to appoint the following members to serve on the Community Task Force for the Robert Wood Johnson Foundation grant to address drug abuse problems in the community. Upon vote, the MOTION CARRIED UNANIMOUSLY. W. R. Frazier, Vice President, First Citizens Bank, 4022 Oleander Drive, Wilmington, N. C. 28401 Reverend E. J. George, Jr., 121 Chestnut Street, Wilmington, N. C. 28401 Reverend Robert Cook, St. James Church, 25 South 3rd Street, Wilmington, N. C. 28401 R. T. "Terry" Horton, Jr.; Horton Iron and Metal, P. O. Box 1285, wilmington, N. C. 28402 I '--...-..." D. L. Bruestle, Chief, wilmington Police Department, P. o. Box 1810, Wilmington, N. C. 28401 Ray Funderburk, Chairman, New Hanover County Board of Education, 109 Cheyenne Trail, Wilmington, N. C. 28409 Dr. John Leonard, Chairman, New Hanover County Board of Health, 1743 Live Oak Parkway, Wilmington, N. C. 28403 Charles R. Vernon, M. D., Pender-New Hanover County Medical Society, 7230 Wrightsville Avenue, Wilmington, N. C. 28403 Rachel Pace, Pender-New Hanover Medical Auxiliary, 825 Inlet Drive, Wilmington, N. C. 28409 Sandy May, President, Junior League of Wilmington, 3803 1/2 Downey Branch Office Park, Wilmington, N. C. 28403 Sheriff Joseph McQueen, Jr., 20 North Fourth Street, Wilmington, N. C. 28401 Dr. Pat Leonard, Dean of Students, UNC-W, 601 South College Road, Wilmington, N. C. 28403 Councilman Luther Jordan, P. O. Box 1810, Wilmington, N.C. 28401 o Mark Galizio, Ph.D., Department of Psychology, UNC-W, 601 South College Road, Wilmington, N. C. 28401 Van Jackson, M. D., Health Coalition, E. I. DuPont, P. o. Box 2042, Wilmington, N. C. 28402 Commissioner Jonathan Barfield, Sr. Commissioner W. Albert Corbett, Jr. \~ I ,I 'I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) -r t. 3~' " POSTPONEMENT OF PUBLIC HEARING TO CONSIDER THE PURCHASE OF TWO PRIVATELY OWNED SEWAGE COLLECTION SYSTEMS Chairman Retchin stated this Public Hearing was continued from the August 21, 1989, meeting subject to receipt of proper documentation of items to be purchased by the County. He requested the County Attorney to present a status report. County Attorney Pope stated since the last meeting an option to purchase has been received; however, the option does not describe what is being offered for sale. He recommended postponing the Public Hearing until complete documentation has been received. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to postpone the Public Hearing and request the County Attorney to notify attorneys representing the sewage collection systems that proper documentation must be received before a Public Hearing will be held. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ADOPTION OF NEIGHBORHOOD PLAN FOR THE PORTERS NECK COMMUNITY Chairman Retchin opened the Public Hearing. Assistant Planning Director, Dave Weaver, presented slides of the proposed Porters Neck Plan and discussed the following key issues: I. Citizens Participation II. Community Resources and Controls III. Proposed Objective and Actions for the Porters Neck Area A. Environmental/Aesthetics Concerns (1) Preservation of estuarine water quality. (2) Protection of rural character and natural charm of the area. B. Transportation (1) Improving safety of intersection at Market Street. (2) Encourage widening of Market Street to four lanes past Futches Creek Road. (3) Place emphasis on widening and improving major and interior roads in the community. (4) Bicycle/Pedestrian way along Porters Neck Road. (5) Reduce speed limit in community. (6) Improving school bus route. (7) Plan for additional connection to Market Street in future subdivision plans. C. Other Community Facility/Service Objectives (1) provision of Park Facilities. (2) Provide water access. (3) Protection of groundwater. (4) Encourage orderly commercial growth on Market Street. (5) Concerns for inadequate fire protection. (6) More effective law enforcement. Assistant Planning Director Weaver stated it is recommended that the vacant R-15 land be rezoned to R-20 or, for maximum reduction in potential dwelling units, to RA (R-30). These zoning districts will allow some flexibility in housing while significantly reducing future impacts from growth. One variation may be to allow all R-15 property on the west side of Market Street to remain R-15 because of that area's lesser impact on the ~ /r; 3 tf'tINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) environment and on traffic problems of the interior roads within Porters Neck. Chairman Retchin asked if anyone present would like to speak on the proposed plan. The following person commented: Mr. Ralph Mork, Secretary of the Porters Neck Association, encouraged adoption of this plan. Chairman Retchin closed the Public Hearing. Motion: After discussion of the the plan, Commissioner Corbett r MOVED, SECONDED by Commissioner Mathews to adopt the Porters Neck Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. -~ Assistant Planning Director Weaver expressed appreciation to Staff Planner, Patti L. Parsons; Staff Planner Wanda Coston; and residents of the Porters Neck Community for their time and effort given in preparing the plan. Chairman Retchin, on behalf of the Board, congratulated the Planning Staff and members of the Community for an excellent plan. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY KENNETH PARKER TO REZONE 11.2 ACRES ON THE NORTHWEST SIDE OF HIGHWAY 17, SOUTH OF PORTERS NECK ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-378 CONTINUED APPEAL CASE) Chairman Retchin stated Mr. Parker has requested postponement of this Public Hearing. Commissioner Barfield recommended that Mr. Parker withdraw the petition until he is ready to hold the Public Hearing. Mr. Kenneth Parker, the petitioner, requested deferring the Public Hearing until October 16, 1989, stating this will be his last request for postponement. Chairman Retchin asked if postponing the Public Hearing. anyone present No one commented. was opposed to c Motion: After discussion of scheduling the Public Hearing at a night meeting, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Barfield to postpone the Public Hearing until November 6, 1989, at 7: 30 0' clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD G. TRASK, JR. TO REZONE 155.9 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD NORTH OF LANDFALL FROM R-15 AND R-20 RESIDENTIAL TO A PLANNED DEVELOPMENT DISTRICT (PD) (Z-384) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated due to complaints received from residents of Cavalier Woods about drainage problems already belng experienced from the Landfall Development, the Planning Commission denied the request feeling the run-off water should be contained entirely on the site. A lengthy discussion was held on the drainage of the site. The proposed drainage plan for the proj ect calls for removal of [ stormwater from the commercial section by pumping it out of ~.' detention ponds into ditches that will ultimately discharge into _ Bradley Creek. Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following person commented: Ms. Frances Trask, Attorney representing the petitioner, commented on concerns of the Planning Staff stating the following items have been addressed: (1) access has been provided to Old :\ I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) 537 " McCumber Road for emergency and service needs; ( 2) the N. C. Department of Transportation has been contacted with tentative approval of four (4) median crossovers entering into each area of the development with the developer agreeing to be responsible for widening the highway from Eastwood Road to the northern edge of the property to five (5) lanes; and (4) the developer has revised the site plan to scale down commercial development by designating O&I property across from Old McCumber Road adjoining the Landfall O&I District, and property north of the commercial area next to residential zoning in order to provide a better transition. Attorney Trask commented on drainage stating the retention pond on site will contain run-off from the commercial development. This in turn will be pumped over a 2-5 day period at a velocity not to exceed the pre-developed run-off into an existing drainage ditch just south of the property. She also commented on the Department of Transportation's proposed drainage plan to avoid flooding of Cavalier Woods which has not been installed due to a lack of funds. She stated if the PD request is approved, the developer has agreed to 50% funding of the DOT drainage plan in order for this project to be constructed. Commissioner Barfield expressed concern for the amount of stormwater run-off into Bradley Creek from Landfall and asked how many gallons will be dumped into the creek with approval of the proposed Planned Development District? Planning Director Hayes estimated approximately 60,000,000 gallons per year. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the PD zoning request. The following persons commented expressing concern for drainage and flooding in the Cavalier Woods Subdivision; increased traffic on Eastwood Road; and concern for the quality of water in Bradley Creek: Mr. Jim McDonald Mr. Hardy Parker Mr. Moe Kotler Mr. Allen Southerland Mr. Jack Wiggins Mr. Robert Pharr Ms. Julie Smith Chairman Retchin closed the Public Hearing. Motion: After discussion of retaining run-off water on the site and the need to protect Bradley Creek, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to request the petitioner to present a site plan which will retain 100% of residential and commercial run-off water on the site. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin recessed the meeting for a break from 10:05 o'clock P.M. to 10:16 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO CAPE FEAR WORSHIP CENTER FOR ESTABLISHMENT OF A PRE-SCHOOL/CHILD DAY CARE CENTER AT THE EXISTING CHURCH FACILITY ON CAROLINA BEACH ROAD (S-302) Chairman Retchin opened the Public Hearing and requested persons wishing to testify to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: Reverend Dick Laverdure Planning Director, Dexter Hayes, stated day care/pre-school is permitted by special use in residentially zoned properties. He presented the following staff findings stating the four general requirements have been met: ~ 6 3 gMINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED) GENERAL R~QUIR~M~NT NO.1: The use does satisfy the first general requirement; namely, the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings of fact: 1. A state license to operate a child day care center is not required for churches; however, prior to operation, a Letter of Intent to operate the center must be sent to the N. C. Department of Human Resources. 2. The site has direct access to U. S. Highway 421 South on the n! Carolina Beach Road. ~ 3. The site is located within the Myrtle Grove Volunteer Fire Department District. GENERAL REQUIREMENT NO.2: The use does satisfy the second general requirement; namely the use meets all required conditions and specifications based upon the following findings of fact: 1. Child day care/pre-school is permitted by Special Use Permit conferment in the R-15 Residential District. This site is zoned R-15. 2. The play area provided will be enclosed with a chain link fence four (4) feet in height. 3. No additional signage is indicated on However, a sign not to exceed twelve (12) permitted. the site plan. square feet is 4. Sixty-five (65) parking spaces are provided. 5. Access to the site is designed in such a manner that entry to and exit from the site will not require backing onto the street or right-of-way. o GENERAL REQUIREMENT NO.3: The use does satisfy the third general requirement; namely, the use will not sUbstantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings of fact: 1. The proposed use would be housed in the existing church facility. GENERAL REQUIREMENT NO.4: The use does satisfy the fourth general requirement; namely, that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area and in general conformi ty with the plan of development for New Hanover County based upon the following findings of fact: 1. Land development nearby consists primarily of scattered commercial and residential activity. The use proposed would be in the existing facility. Expansion of the existing church would not be required to accommodate the use. Chairman Retchin asked the petitioner if he agrees with the findings and statements presented by the Planning Staff. o Reverend Laverdure stated he concurs with the statements as presented and respectfully requested the Commissioners to approve the Special Use Permit. Chairman Retchin asked if anyone present would like to speak in opposition to the request. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of the facili ties throughout the County, need to establish day care Commissioner Barfield MOVED, \ ~ I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) 839 " SECONDED by Commissioner Corbett to grant the Special Use Permit based upon the findings of facts as presented by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 38. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE ZONING ORDINANCE IN FOUNDATION REQUIREMENTS FOR DOUBLE-WIDE MOBILE HOMES (A-202) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, this request was initiated by the Board of Commissioners. investigation of alternative foundation requirements double-wide mobile homes versus the present ordinance, Planning Commission voted not to support the modifications. stated After for the Planning Director, Dexter Hayes, stated the Planning Staff believes the current distinction between double-wide and single-wide mobile homes works well and citizens are comfortable with the location of double-wide mobile homes by issuance of a Special Use Permit. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of the present regulations being satisfactory, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Corbett to deny the proposed Text Amendment and leave the ordinance unchanged. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ESTABLISHING REQUIREMENTS FOR ADULT ENTERTAINMENT FACILITIES AS SPECIAL USES IN CERTAIN COMMERCIAL AND'INDUSTRIAL DISTRICTS (A-203) Chairman Retchin opened the Public Hearing. Mr. Patti L. Parsons, Staff Planner, stated this request was initiated by the Sheriff in order to better control adult entertainment establishments stating interest has been shown by certain individuals to open a topless dancing establishment in the County. She stressed the importance of addressing this issue before adult entertainment establishments are opened throughout the County: The following issues were presented: Addition of the following definitions to Section 23 of the Zoning Ordinance: 23-90 23-91 23-92 Adult Entertainment Establishment Specified Sexual Activities Specified Anatomical Areas Addition of the following language to Section 72 of the Zoning Ordinance: Adult entertainment establishments may be located within the B-2 Business District and I-I Industrial District by Special Use Permit subject to the requirements of the district as follows: 1. Each adult entertainment establishment shall be located a minimum of 1,000 feet from any existing adult entertainment establishment. Such measurement shall be the horizontal distance between the nearest property lines of the proposed and existing adult entertainment establishment. 2. Each adult entertainment establishment shall be located a minimum of 500 feet from any residentially zoned area, ~ 64 (}INUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) church, school or park. Such measurement shall be the horizontal distance between the property line of the proposed adult entertainment establishment and the closest residential zoning line or property line of any church, school, or park. 3. Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas shall be out of view of the public way and surrounding property. Other B-2 Adult Entertainment Establishments S I-I S n C. Amend the Table of Permitted Uses as follows: Vice-Chairman O'Neal commented on the number entertainment establishments expressing concern for regulations when there are no facilities in the county. of adult adopting Sheriff Joe McQueen commented on the regulations discouraging the establishment of centers stating drug related activities tend of facility. need to establish adult entertainment to follow this type Commissioner Mathews stated establishment of these facilities would be detrimental to the County and recommended restricting location of adult entertainment establishments to I-I Industrial Districts. Commissioner Corbett expressed concern for allowing an adult entertainment establishment to be located within 500 feet from any residentially zoned area, church, school or park recommending a minimum of 1,000 feet. Commissioner Mathews commented on the City of Dallas, Texas, requiring a license before opening an adult entertainment facili ty. He recommended that New Hanover County require a license to be issued by the Sheriff's Department. [l Planning Director, Dexter Hayes, commented on restricting the use to I-I Industrial and increasing the minimum footage to 1,000 feet stating this action will restrict establishment of any adult entertainment facilities. He expressed concern for the courts declaring the ordinance too restrictive and recommended control through special use permits. County Attorney Pope expressed concern for requiring a license and recommended control of adult entertainment establishments through zoning regulations instead of licensing. He stated if the Board wishes to follow the license requirement he will need additional time to study the issue. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. The following persons commented: Reverend Jeff Allen, Bishop of the Church of Jesus Christ: Latter Day Saints, complimented the County Planning Staff ~.nd' Sheriff for preparing the proposed Text Amendments. He:, encouraged the Board to pass the amendments with the recommende~. ll, increase in the minimum number of feet next to residentially' zoned areas and churches. ~- Mr. Coustas Leloudis, a concerned citizen, commented on crime related activities and encouraged support of the proposed Text Amendments. Mr. Mike McCloud, an architect and father of six children, complimented the Planning Staff for an excellent job in addressing this problem. He encouraged passage of regulations and restrictions which will discourage establishment of entertainment facilities in New Hanover County. ~ I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) i t'-/J" Mr. Phil Mix expressed concern for crime related activities around adult entertainment centers and encouraged the Commissioners to restrict location of these facilities as much as possible. Chairman Retchin closed the Public Hearing. Vice-Chairman O'Neal recommended delaying action on the proposed Text Amendments until the County Attorney can review the proposed regulations. He expressed concern for adopting restrictive measures when the process can be handled through special use. Motion: After discussion of discouraging establishment of adult entertainment facilities, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to adopt the Text Amendments as presented with the following modifications: (1) adult entertainment establishments shall be located a minimum of 1,000 feet from any residentially zoned area, church, school or park; and (2) permitted through special use in I-I Districts only. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Voting Nay: Vice-Chairman O'Neal Consensus: A lengthy discussion was held on requiring a license to operate an adult entertainment establishment. It was the consensus of the Commissioners to request the County Attorney to check into the legal ramifications of licensing these facilities and report back to the Board. A copy of the ordinance is contained in Exhibit Book XVII, Page 29. DISCUSSION OF COMPLIANCE WITH ENVIRONMENTAL LANDFALL DEVELOPMENT Commissioner Barfield expressed concern federal and state environmental regulations requested the Planning Staff to notify non-compliance and stop further development have been made. REGULATIONS for violation of by Landfall. He Landfall of any until corrections MOTION: After discussion, Chairman Retchin MOVED, SECONDED by Commissioner Barfield to authorize the Planning Director to investigate immediately possible stormwater run-off violations by the developer of Landfall. If violations are found, the Planning Director is to notify the developer of non-compliance allowing a reasonable period of time for correction of the problem with Certificates of Occupancy being withheld if the developer does not comply to the time restraints. The Planning Director was also requested to prepare a written report explaining any violations found and measures taken to correct the problems. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS ON QUAIL RUN AND SHINNWOOD ROAD LOCATED IN HARNETT TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, presented background information on the proposed house numbers stating the purpose of the request is for accurate identification of homes when emergency vehicles are responding to calls and for deli very of county services. Chairman Retchin asked if anyone present would like to speak on this request. No one commented. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman O'Neal to adopt an order reassigning house numbers on Quail Run ~ 6 LJ J- MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED) and Shinnwood Road as presented by the Planning Staff. vote, the MOTION CARRIED UNANIMOUSLY. Upon A copy of the order is contained in Exhibit Book XVII, Page 29. APPROVAL OF NEW POSITION - LITTER LAW ENFORCEMENT OFFICER - NEW HANOVER COUNTY SHERIFF'S DEPARTMENT Sheriff Joe McQueen presented the following cost breakdown on the salary and benefits for hiring a Litter Enforcement Officer: Salary Retirement FICA 401K Contribution Blue Cross/Blue Shield Dental Uniforms & Equipment Sub-Total Four-Wheel Drive Vehicle Total $16,212 1,344 1,240 811 1,870 152 900 $22,529 $18,103 $40,632 n Sheriff McQueen commented on the need for a Litter Law Enforcement Officer stating this individual will be assigned the following responsibilities: 1. Patrolling the roadways and enforcing litter regulations. 2. Investigation of illegal dumping to identify violator and cite as necessary. 3. Enlist the assistance of other law enforce- ment officers when necessary. 4. Promoting litter educational programs in schools and other community organizations. 5. Act as liaison with the Health Director and Executive Director of Keep American Beautiful System in enforcing the Litter Ordinance. n Discussion was held on the present $50 fine as stated in the Litter Ordinance. Commissioner Corbett recommended raising this fine to $100 with the money being recouped by the County. County Attorney Pope stated he will be glad to prepare an amendment to the present Litter Ordinance which will change the penalty to a civil penalty in the amount of $100 with funds being distributed to the County. Motion: After further discussion, Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to: (1) approve the new Litter Enforcement Officer position along with the necessary budget amendment to cover costs; (2) request the County Attorney and Sheriff to prepare an amendment to the Litter Ordinance changing the penalty to a civil penalty with an increase in the fine from $50 to $100 stipulating that all fines collected will be distributed to the County; and (3) submit the amendment to the Litter Ordinance on the agenda for the second meeting in September. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consensus: After further discussion, it was the consensus of the Board for periodic reports to be furnished by the Sheriff's n Department on the number of litter violations, fines charged, and fines collected. " ~ APPROVAL OF FIVE ( 5) NEW DEPUTY POSITIONS - NEW HANOVER COUNTY SHERIFF'S DEPARTMENT Sheriff Joe McQueen commented on the severe overcrowding of the jail and requested approval of five (5) new deputy positions to provide the necessary manpower for operation of the jail. Commissioner Barfield expressed concern for the low salary paid to deputies asking if this compensation attracts qualified personnel to work in extremely dangerous situations, particularly with the rampant use of drugs. Sheriff McQueen stated the salary ~. .~ I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED) -643 ., is not sufficient; however, the Personnel Department is working on upgrading these positions. Discussion was held on the costs involved and money to be received from drug forfeiture cases. Acting County Manager Gornto stated funds received from the drug forfeiture cases can be used for personnel and recommended use of these funds to assist with funding of the positions requested. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman O'Neal to approve the five (5) Deputy positions as requested by the Sheriff with preparation of the necessary Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF VARIANCE FOR CONNECTION TO THE SEWER SYSTEM AS REQUESTED BY DEL MCGOWAN County Engineer, Wyatt Blanchard, stated Mr. McGowan has requested a variance to the Sewer Ordinance that will allow him to run one common sewer line to the sewer main for connection of his home and his aunt's home to reduce the fee by $2,000. He stated this request is in direct conflict with the Sewer Ordinance; however, if the Board approves the variance he would recommend approval contingent upon obligation of the party to perform the maintenance and provide an additional connection if one of the houses is sold. Discussion was held on setting a precedent by approving the request. commissioner Barfield stated other exemptions have been granted when having to install more than 300 feet of sewer line. Chairman Retchin asked if anyone present would like to speak. The following person commented: Mr. Del McGowan stated this property has been in his family for years and requested some form of variance to eliminate the installation two separate lines. Motion: After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to grant the variance and require the property owners to adhere to the following conditions: (1) perform maintenance of the line; (2) provide an additional connection to the sewer system if one house is sold; and (3) direct the County Attorney to prepare a covenant to run with land in the event the land is sold at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. WAIVER OF LANDFILL TIP FEES FOR DISPOSAL OF DEBRIS FROM SUNSET PARK SCHOOL DEMOLITION PROJECT AS REQUESTED BY WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC. Mr. J. D. Causey, Chairman of Wilmington Housing Finance and Development, Inc., requested the Commissioners to reconsider their previous request for waiver of landfill tip fees for disposal of debris from the Sunset Park School Demolition project. He stated without waiver of the tipping fee, low to moderate income families will have to absorb the additional cost. Director of Engineering & Facilities, Ed Hilton, recommended waiver of fees for materials that qualify for disposal in the non-lined area of the landfill stating he would be glad to furnish the city a list of these materials. commissioners Corbett and Mathews expressed filling the lined area of the landfill with bricks. Barf ield asked Mr. Causey if the contractor can bricks? concern for Commissioner separate the Mr. Scott A. Redinger, Administrator of Wilmington Housing Finance & Development, Inc., stated after discussion with the contractor, it is not practical to separate materials; however, if the waiver is approved he would request the demolition contractor to remove as many bricks as possible. ~ MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) 644 Motion: After discussion of additional cost for separation of materials by the contractor and the need for low-income housing, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Barfield to waive landfill tip fees for debris except for asbestos and to request Wilmington Housing Finance & Development, Inc. to work with the contractor in separating as much brick and concrete as possible to avoid dumping these materials into the lined area of the landfill. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION CONFIRMING THE RATE OF INTEREST ON THE SALE OF $4,200,000 OF MUSEUM BONDS n Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to adopt a resolution confirming the rate of interest established by the Local Government Commission on the sale of $4,200,000 of Museum Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 29. POSTPONEMENT OF WATER AND SEWER DISTRICT MEETING Commissioner Barfield, Chairman of the Water and Sewer District Board of Commissioners, stated the item placed on the Water and Sewer Agenda has been postponed; therefore, the Special Meeting is not necessary. Consensus: It was the consensus of the Board to cancel the Special Meeting of the Water and Sewer District with this item being placed on the agenda for September 18, 1989. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF CHANGE ORDER FOR BALLARD, MCKIM & SAWYER, ARCHITECTS - FEASIBILITY STUDY OF ALTERNATIVES FOR JAIL EXPANSION Acting County Manger Gornto presented a change order in the n an amount not to exceed $5,000 for additional professional services by Herb McKim for study of alternatives for expansion of . the jail. She requested approval of the change order. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to approve the change order in an amount not to exceed $5,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY ATTORNEY AUTHORIZATION TO JOIN OTHER UNITS OF GOVERNMENT IN CONTESTING THE WITHDRAWAL OF WATER FROM THE CAPE FEAR RIVER BY THE TOWNS OF CARY AND APEX County Attorney Pope requested authorization for New Hanover County to join Bladen County, Brunswick County, Pender County, the City of Wilmington, and the Lower Cape Fear Water Authority in an effort to prevent the towns of Cary and Apex from withdrawing water out of the Cape Fear River and discharging the water into the Neuse River instead of returning it to the Cape Fear River Basin. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to authorize New Hanover County to join Bladen County, Brunswick County, Pender County, the City of Wilmington, and the Lower Cape Fear Water Authority in contesting the withdrawal Ofl !1 water from the Cape Fear River by the towns of Cary and Apex. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS SCHEDULING OF WORK SESSION FOR REVIEW OF COLLECTIONS AND RECYCLING FRANCHISE OPTIONS Commissioner Corbett recommended scheduling a Special Work Session with the haulers and recyclers to discuss collections and recycling franchise options. Consensus: It was the consensus Special Work Session on Thursday, of the Board to schedule a September 14, 1989, at 7:30 '~ I I I MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED) '" '5" ;64" o'clock P.M. in the Assembly Room of the New Hanover County Courthouse. Commissioner Corbett also recommended scheduling a Work Session to discuss hiring procedures for selecting a new County Manager. Chairman Retchin stated he was discussing this matter with the Personnel Director and would report back to the Board. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 12:15 o'clock P.M. ;:o~tf:/ ;= ~~. Harrell Clerk to the Board ~