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HomeMy WebLinkAbout1989-10-02 Regular Meeting I I I ~ t'61 ; MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 2, 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.; 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. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Shawn Schilling, a member of Scout Troop #255, led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Clerk to the Board, Lucie F. Harrell, requested approving the minutes of September 5, 1989, with a correction to Page 8 which amends Paragraph 2 to read that "the developer has consented to participate in 50% funding 01 the N. C. Department of Transportation drainage plan" to relieve flooding of the Cavalier Woods Subdivision. Motion: Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the minutes of the following meetings as presented with the correction to the minutes of September 5, 1989, as requested: Regular Meeting - September 5, 1989 Special Meeting - September 14, 1989 Special Emergency Meeting - September 21, 1989 Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Discussion of Conditional Use Text Amendments Mr. William C. Howard, Jr., Chairman of the Ad Hoc Conditional Use District Committee, stated the amendments have been completed and reviewed by Mr. Richard Ducker from the Insti tute of Government. Once recommendations have been incorporated into the documents, the text amendments will be presented to the Board of Commissioners. Mr. Howard expressed appreciation for the time and effort gi ven by the following members of the Ad Hoc Conditional Use District Committee: Dr. William Sisson, Vice-Chairman; Mr. Mike Brown; Mr. Michael Jordan, and Mr. Alvin Rogers. He also expressed appreciation to Planning Director, Dexter Hayes; Staff Planner, Pete Avery; Assistant County Attorney, Kemp Burpeau; Zoning Enforcement Officer, Ann Hines; and City Attorney, Tom Pollard for staff support and assistance given in developing the text amendments. Chairman Retchin, on behalf of the Howard, members of the Ad Hoc Committee, and their work and effort given in preparing the Amendments. Board, thanked Mr. the County Staff for Conditional Use Text APPROVAL OF CONSENT AGENDA Chairman Retchin requested removal of Item #20 due to the resolution not being completed. He also requested removal of Item #3, Award of Contract for Boiler Modifications at the Steam Plant, due to questions not being resolved. He recommended placement of Item #3 on the Regular Agenda for the meeting of October 16, 1989. ~ t~1 MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) Motion: After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to remove Items #3 and #20 as requested and to approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval for Sale of Surplus Equipment and Vehicles at County Auctions - Finance Department The Commissioners authorized "the Finance Director to dispose of vehicles and surplus equipment at auctions to be held on the following dates: CJ Date: Place: Items: October 24, 1989 Old Social Services Building Disposal of surplus office furniture left in the old DSS Building. Date: Place: Items: October 28, 1989 Property Management Maintenance Facility Other County surplus property and vehicles A list of the vehicles to be sold is contained in Exhibit Book XVII, Page 32. Acceptance of Change Order Report #10 - Engineering Department The Commissioners. accepted Change Order Report #10 as presented by the Director of Engineering & Facilities, Ed Hilton. A copy of the report is contained in Exhibit Book XVII, Page 32. Adoption of Resolution Between the City of Wilmington and New Hanover County for the Sale of Surplus Property The Commissioners adopted a resolution authorizing the sale of jointly owned property by the City and County as follows: Parcel Number R04813-014-012.000 R04817-010-031.000 Address 620 North 4th Street 211 Turners Alley Total Offer Amount of Offer $ 858 324 $1,182 [J A copy of the resolution is contained in Exhibit Book XVII, Page 32. Adoption of Resolutions and Interlocal Agreements with Pender and Brunswick Counties for Use of New Hanover County K-9 Unit Sheriff's Department The Commissioners adopted resolutions and approved interlocal agreements with Pender and Brunswick Counties to provide law enforcement assistance to the Sheriff of Pender County and the Sheriff of Brunswick County through the use of the New Hanover County K-9 unit. Copies of the resolutions are contained in Exhibit Book XVII, Page 32. Adoption of Proclamation Declaring October as "National Disability Employment Awareness Month" The Commissioners adopted a proclamation declaring October as "National Disability Employment Awareness Month" in New Hanover County. r L A copy of the proclamation is contained in Exhibit Book XVII, Page 32. Adoption of Resolution Supporting the Parks and Recreation/Senior Center $5,000,000 Bond Referendum The Commissioners adopted a resolution supporting the Parks and Recreation/Senior Center $5,000,000 bond referendum to be held on November 7, 1989. , '\ 3 I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) A copy of the resolution is contained in Exhibit Book XVII, Page 32. Approval of Travel Expenses for Day Care Task Force The Commissioners approved travel expenses in the amount of $210 for two (2) members of the Day Care Task Force to travel to Charlotte, North Carolina. Approval of Budget Amendment #90-0059 CBA Grants/Non-Secure Detention The Commissioners approved the following Budget Amendment: 90-0059 CBA Grants/Non-Secure Detention Debit Credit CBA Grants $19,684 Non-Secure Detention $19,684 Purpose: To budget Alternative to Detention Grant for Fiscal Year 1989/90. The program is administered by the Cape Fear Substance Abuse Center and no additional County funds are required. Approval of Budget Amendment #90-0061 Emergency Medical Services The Commissioners approved the following Budget Amendment: 90-0061 Emergency Medical Services Debit Credit New Hanover Memorial Hospital Grant $8,900 Departmental Supplies Capital Outlay $5,900 3,000 Purpose: To budget EMT-paramedics Training Grant. funds are required. No County Approval of Budget Amendment #90-0064 Health/AIDS Awareness/Black Community Debit Credit Health-AIDS Awareness/Black Community CDC/Minority Grant $2,136 Contracted Services $2,136 Maternal Health March of Dimes Grant $ 750 Departmental Supplies $ 750 Purpose: (1) To budget federal funds for contracted services. (2) To budget one time grant from March of Dimes. Approval of Budget Amendment #90-0065 for Two (2) Home Health Positions - Health Department The Commissioners approved the following Budget Amendment to budget a PHN III position and Clerk Typist IV position in Home Health as requested by the Director of Health: 90-0065 Health Department/Home Health Debit Credit Home Health Fees - Medicare $38,911 Salary and Wages FICA Retirement Medical Insurance $30,553 2,296 2,534 3,528 " ;-669 ....4 6 7LJNUTES OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED) 'f Purpose: To budget for two (2) new positions in Home Health to be reimbursable through Medicare. No additional County funds are required. Approval of Budget Amendment #90-0066 - Department of Aging The Commissioners approved the following Budget Amendment: 90-0066 Aging Administration/Nutrition - Home Delivered Meals Debit Credit Aging Administration Senate Bill 1559 Bridge $4,488 1,200 n Aging Nutrition/Home Delivered Meals Meals - Senate Bill 1559 Meals Bridge $4,488 1,200 Purpose: To budget for additional home delivered meals paid for through additional state funds and private contributions. Approval of Budget Amendment #90-0067 - Domestic Violence Shelter and Services The Commissioners approved the following Budget Amendment: 90-0067 Flow Through Grants/Human Services Debit Credit Victims Assistance Grant $20,000 Victims Assistance $20,000 Purpose: To budget Victims Assistance administered by the Domestic Violence Shelter. are required. Grant, which is No County funds n Approval for Destruction of Records - Clerk to the Board The Commissioners approved the Clerk's request for disposal of correspondence and committee data beginning with 1973 through December 1988 in accordance with the records retention program. Approval of Fireworks Permit for the Riverfest Weekend The Commissioners approved the Wilmington to conduct a fireworks show weekend on Saturday, October 7, 1989, North Carolina Battleship Memorial. City of Wilmington request by the City of in celebration of Riverfest at 8:30 P.M. near the USS Authorization for the County Manager to Issue Permits for Fireworks Exhibitions in New Hanover County With recent enactment of local legislation by the General Assembly, the Commissioners delegated their authority to issue fireworks permits to the County Manager to become effective October 2, 1989. Acceptance of Mrs. Rosa Bell Sinunons as a Tenant at Will - New Hanover County Museum The Commissioners accepted Mrs. Rosa Bell Simmons as a tenant at will on the property located at 17 South Eighth Street after closing the sale of the property for a period of 45 days. A copy of the agreement is on file in the County Manager's office. [ Approval of Legal Representation to Regional ombudsman - Cape Fear Council of Governments - Legal Department The Commissioners authorized the Legal Department to provide legal representation to the Cape Fear Council of Governments' Long Term Care Regional Ombudsman, Cathy Lane, from July 1, 1989, to June 30, 1990, in order to comply with the mandates of the 1987 Older Americans Act. I ~ I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED) , 671" PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF OCTOBER AS "NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH" IN NEW HANOVER COUNTY Commissioner Corbett emphasized the importance of becoming more aware of activities and programs which promote the employment of qualified persons with disabilities. He urged businesses and citizens to consider these individuals when filling job vacancies. Chairman Retchin, on behalf of the Board, presented the proclamation to Ms. priscilla Balaban, Chairperson of the New Hanover Committee for National Disability Employment Awareness Month. Ms. Balaban expressed appreciation to the Commissioners, particularly Commissioner Corbett, for support of the disabled residents within the County and introduced the following persons who have worked on the committee: Mr. Roger Williams, Ms. Sheri Williams, Dr. James Megivern, Ms. Brenda Gandy, and William Jessup, Director of the Human Relations Commission. SCHEDULING OF PRESS CONFERENCE TO PRESENT RESOLUTION IN SUPPORT OF THE PARKS & RECREATION/SENIOR CENTER $5,000,000 BOND REFERENDUM Commissioner Barfield recommended calling a press conference to officially execute the resolution in support of the $5,000,000 bond referendum. Consensus: After discussion, it was the consensus of the Board to request the Chairman to schedule a press conference to execute the resolution of support for the $5,000,000 Parks & Recreation/Senior Center bond referendum. ADOPTION OF ORDINANCE REGULATING BEGGING AND SOLICITATION IN COUNTY BUILDINGS - SECOND READING Motion: Upon the second reading, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the ordinance regulating begging and solicitation in County Buildings. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman O'Neal stated, for the record, he voted against this ordinance on the first reading feeling the regulation was not needed; however, since the majority of the Board feels this ordinance should be enacted, he cast a favorable vote. APPROVAL OF REQUEST BY WRIGHTSBORO VOLUNTEER FIRE DEPARTMENT FOR RELEASE OF FIRE SERVICE IMPACT FEES Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to release impact fees in the amount of $1,145.60 collected from the Wrightsboro Volunteer Fire District as requested by the Wrightsboro Volunteer Fire Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 155 ACRES ON THE EAST SIDE OF MILITARY CUTOFF NORTH OF LANDFALL TO PD PLANNED DEVELOPMENT FROM R-15 AND R-20 RESIDENTIAL (CONTINUED ITEM - Z-384) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Board, stated with no evidence that additional commercial development is needed in this area, the Planning Commission denied the request. He also commented on drainage revisions urging the Commissioners to carefully review the proposed plan. Planning Director Hayes stated the Engineering Department has reviewed the modified drainage plan and reports that the proposed design should retain the stormwater on-site. ~ 67 :@m1TEs OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED) Motion: After discussion of the drainage plan requiring approval from the Department of Environmental Management (DEM), Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to delay approving the rezoning request until the drainage plan has been approved by DEM. The floor was opened for discussion. Engineer Dwight Waser, of McKim & Creed, expressed concern for the developer having to absorb costs estimated at $15,000 to $20,000 for soil tests without approving the PD zoning. He stated the proposed on-site retention plan should adequately handle the stormwater run-off. n Motion: After further discussion, Commissioner Mathews withdrew his MOTION. A lengthy discussion was held on the revised drainage plan completely reta~ning stormwater run-off on the site. County Civil Engineer, Jim Craig, commented on the plan submitted being a concept, not a design stating the County is not required to hold back the pre-existing flow, and that it is impossible to maintain 100% of stormwater run-off on-site. He discussed the measure of stormwater stating the State requires capturing the first 1 1/2 inches of stormwater run-off by either percolation into the ground or evaporation into the sky stating the State's main concern is with hydrocarbons and pollutants washed in the first inch of rains. Engineer Craig explained the concept of the modified on-site retention plan submitted by the developer stating the two additional ponds should retain the first 1 1/2 inches of impervious run-off. A lengthy discussion was held on the need for additional commercial development in this area. Vice-Chairman O'Neal asked if the developer would consider reducing the commercial development by two-thirds? Ms. Frances Trask, the Attorney representing the petitioner, stated further reduction of commercial development would be unacceptable to the developer. She commented on the proj ected growth of New Hanover County stating in order to accommodate our future population, additional service and commercial 'areas will be needed. Attorney Trask commented on addressing the four concerns expressed by the Planning Staff and presenting a modified on-site stormwater retention plan as requested by the Commissioners stating the developer has complied to all requests. She urged the Commissioners to approve the Planned Development zoning. o Chairman Retchin asked if anyone present would like to comment. The following persons expressed concern for stormwater run-off into Howe's Creek, the amount of commercial development already in the area, increased traffic, and additional flooding of the Cavalier Woods Subdivision: Mr. Robert Brown Mr. Hardy Parker Mr. Harvey Hales Mr. Jim McDonald Ms. Judy Smith Mr. Robert Pharr Chairman Retchin closed the Public Hearing. r L Motion: Commissioner Barfield MOVED to approve the PD Zoning District with no commercial development until the storm run-off problem is resolved; limit commercial development to 15 acres; ~ I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) 673 ., and require a setback of 150 feet. discussion. The floor was opened for Planning Director Hayes stated the proposed motion is not needed since the property can now be developed in this manner as presently zoned. Substitute Motion: Commissioner Corbett MOVED, SECONDED by Chairman Retchin to deny the PD District Zoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman O'Neal stressed the importance of protecting the Planned Development concept emphasizing the many good features of PD zoning. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 12 ACRES ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17, SOUTH OF MENDENHALL DRIVE AND NORTH OF COUNTRY HAVEN DRIVE TO 0- I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-387) Consensus: It was the consensus of the Board to postpone the Public Hearing as requested by the petitioner's attorney, David Barefoot, and reschedule for November 6, 1989. BREAK Chairman Retchin recessed the meeting for a break from 9:00 o'clock P.M. to 9:18 o'clock P.M. PUBLIC HEARING TO CONSIDER REZONING .68 OF AN ACRE AT THE SOUTHWEST CORNER OF PRINCE GEORGE AND CASTLE HAYNE ROAD TO B- 2 BUSINESS FROM RA RURAL AGRICULTURE (Z- 3 88 ) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated the petitioner would like to establish an oriental food take-out restaurant on this site and has requested B-2 zoning. Due to the proximity to nearby commercial zoning and the site's relationship to U. S. Highway 117, the Planning Commission voted unanimously to approve the B-2 zoning request. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve B-2 zoning of .68 of an acre at the southwest corner of Prince George and Castle Hayne Road from RA Rural Agriculture zoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1,' 1985" is contained in Zoning Ordinance Book I, Castle Hayne Section, Page 9. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 12 ACRES ON THE WEST SIDE OF N. C. 132, APPROXIMATELY 1,000 FEET SOUTH OF TROMBAY DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-389 - APPEALED CASE) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated the petitioner requested B-2 zoning for placement of a golf driving range. The Planning Commission unanimously voted to deny the request due to B-2 zoning not being consistent with residential development tendencies occurring along South College Road. ~ -61rs OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) Chairman Retchin asked if anyone present would like to speak in favor of the rezoning request. The following person commented: Mr. Bill Miars, a local realtor representing the petitioner, commented on the need for a recreational facility in this area stating the proposed plan would consist of a driving range, putt-putt golf course and small golf shop. He emphasized the importance of allowing the property to be developed to its highest and best use stating this site is not suitable for residential development. CJ Commissioner Mathews asked if buffering would be placed on the north side of the site and how would lights be regulated. Mr. Miars stated the property will be buffered to the north and lights will be on two hours per night. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: Mr. William C. Howard, Jr., a resident of an adjacent subdivision, requested denial of the request expressing concern for spot zoning. Chairman Retchin closed the Public Hearing. Commissioner Barfield expressed concern for spot zoning and approving B-2 zoning which later can be used for a variety of uses. He recommended the possibility of granting a Special Use Permit for the proposed use stating this type of recreational facility could be beneficial to surrounding neighborhoods. Planning Director Hayes stated the petitioner could pursue the driving range through a Special Use Permit with a change in the zoning text. n Chairman Retchin asked if this request could be accommodated by the Conditional Use Zoning. Planning Director Hayes stated Conditional Use Zoning would have to be established and in place before any requests could be accepted. Mr. Miars asked the petitioner, Mr. Kelvin Hoban, if he would be satisfied with applying for a Special Use Permit which will restrict the use of the property to a driving range with regulations stipulating the hours of operation, lighting, and placement and size of a clubhouse. Mr. Hoban stated he did not obj ect to applying for a Special Use Permit and withdrew the petition. Motion: Commissioner Mathews to direct the Text Amendment and to Special Use Permit with November 6, 1989. Upon Corbett MOVED, SECONDED by Commissioner Planning Staff to prepare the necessary request the petitioner to apply for a both items being placed on the agenda for vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO OPEN A CHILD DAY CARE FACILITY ON OLD DAIRY ROAD IN DUTCH SQUARE INDUSTRIAL PARK (S-303) Chairman Retchin opened the Public Hearing and asked anyone present wishing to give testimony to step forward to be sworn in by the Clerk to the Board. n The following persons were sworn in: Ms. Carlene McKeithan Mr. Harvey Hales Mr. Harvey Harrelson I ~ I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED) ,675 " Planning Director Hayes presented b~ckground information on the request stating the four general requirements have been met based upon the following Staff findings: GENERAL REQUIREMENT NO.1: The proposed use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved: 1. The site has direct access to Windmill Way and Old Dairy Road. 2. The site is located within the Ogden Volunteer Fire Department District. GENERAL REQUIREMENT NO.2: The proposed use meets all required conditions and specifications as follows: 1. Child day care is permitted by special use conferment in the I-2 Industrial District. 2. Off-street parking: At least nine off-street spaces, including handicap space, is provided. Adequate room on the site is available to expand parking opportunities if needed. 3. Access to the site is provided such that pick-up and delivery can be made without backing into the street. 4. The playground area is entirely enclosed with a fence at least four (4) feet in height. 5. The proposed facility would be approximately 2,200 square feet with a maximum of 58 children. 6. Application has been made to the State Day Care Licensing Division. 7. A sign for the business of unknown dimensions is shown on the si te plan. (Note: The maximum allowable square footage of the sign is only two (2) square feet. Given the underlying zoning, 1-2, the Commissioners may want to consider waiving this requirement.) GENERAL REQUIREMENT NO.3: The proposed 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: 1. The properties nearby are all zoned Industrial. The location of a day care center in the area would have little impact on nearby property values. GENERAL REQUIREMENT NO.4: The proposed use if developed as submitted will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: 1. The proposed use would be located in an industrial park where most lots exceed 1.0 acre in size. The industrial uses that are now located there are not considered obnoxious or environmentally threatening. Commissioner Corbett asked if the size of the sign should be waived. Planning Director Hayes stated this requirement can be waived, if necessary. After discussion, it was agreed that the sign requirement should not be waived. Chairman Retchin asked if the petitioner would like to comment. The following evidence was presented: Ms. Carlene McKeithan, the petitioner, stated she presently runs a day care facility and feels this site would be an ideal location. ~ 6 ~s OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) I Chairman Retchin asked Ms. McKeithan if she concurs with the Planning Staff's findings. Ms. McKeithan stated she agreed with the facts and statements presented. Chairman Retchin asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. The following persons commented expressing concern for safety of children with the number of trucks using the access street and the lack of industrial parks throughout the County: Mr. Harvey Hales Mr. Harvey Harrelson n Chairman Retchin closed the Public Hearing. Motion: After discl!-ssion of the need for day care facilities, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews 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 39. PUBLIC HEARING TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS ON CHAIR ROAD LOCATED IN CAPE FEAR TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes recommended systematically assigning house numbers on Chair Road to accurately identify property for emergency responses and convenience in delivering county services. Chairman Retchin asked if anyone present would like to speak in opposition to the assignment of house numbers as presented by the Planning Staff. The following person commented: n Reverend Anthony Watson, Pastor of st. James AME Church, stated he was not opposed to the reassignment of numbers; however, his church just recently invested $175 in letterhead, envelopes, and business cards which now will have to be changed. Discussion was held on advance notification to businesses and persons involved with address changes. Planning Director Hayes commented on prior notification of address changes stating persons tend to forget the date of the proposed change if notified too early. He stated the major portion of this project has been completed. Chairman Retchin closed the Public Hearing. Motion: Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to adopt the order systematically assigning house numbers on Chair Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVII, Page 33. PUBLIC HEARING TO NAME EIGHT PRIVATE ROADS AND RENAME A PORTION OF MYRTLE GARDEN DRIVE IN THE MYRTLE GARDENS COMMUNITY LOCATED IN FEDERAL POINT TOWNSHIP (SN-51) l-'j Chairman Retchin opened the Public Hearing. Planning Director Hayes presented background information on the proposed road names stating the property owners have been contacted and are in agreement with the recommendation. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the road names. The following persons commented: \ \ I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) I -- b 7 7 " Mr. Earl Chadwick asked when house numbers will be assigned. Planning Director Hayes stated numbers will be reassigned once the state roads are accepted. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Mathews to adopt the ordinance naming eight (8) private roads and renaming a portion of Myrtle Gardens Drive in Myrtle Gardens Trailer Park located in Federal Point Township. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Exhibit Book XVII, Page 33. PUBLIC HEARING TO CONSIDER AMENDING THE COUNTY SUBDIVISION REGULATIONS BY REVISING THE PARK FACILITIES FEE (A-208) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, presented background information on the proposed Text Amendment stating establishment of a flat fee would greatly simplify the assessment process and promote an equitable collection of fees among the various park projects. He stated presently, the fee is based on several variables including land value, number of lots and units, estimated park land per person, etc. He stated the Planning Commission voted unanimously to approve the proposed flat rate of $75 per unit. Mr. Claud O'Shields, Jr., Chairman of the Parks & Recreation Advisory Board, stated the flat fee of $75 would double the present flow of revenues and is subject to review and change at any time by the Board of Commissioners. He commented on the inequi ty of the current fee ahd requested consideration of the flat fee in order to more fairly distribute the park facilities fee. Discussion was held on impact fees. Commissioner Barfield expressed concern for overburdening the taxpayers with impact fees and recommended eliminating the present park facilities fee. Commissioner Mathews asked if the Parks & Recreation Advisory Committee has discussed other methods of raising revenues. Mr. 0' Shields stated one option considered by the Parks & Recreation Advisory Committee was establishment of a county-wide Parks & Recreation Service District with the tax levied being earmarked for parks and recreational facilities. Chairman Retchin asked if anyone from the public would like to comment. The following person commented: Mr. Bobby Horner, President of Wilmington/Cape Fear Homebuilders Association, stated the Homebuilders Association is opposed to the park facilities fee and believes that the burden of supplying funds for the county's construction of parks throughout New Hanover County would be best met through the current ad valorem tax system. If the Commissioners decide to impose such a regressive fee upon low and middle income home buyers, this fee should be collected at the issuance of a certificate of occupancy when, and only when, there is an impact upon the parks system. Chairman Retchin closed the Public Hearing. Chairman Retchin stated the recommendation of establishing a county-wide Parks & Recreation Service District is an excellent option; however, time will be required to proceed in this direction. Discussion was held on the Recreation/Senior Center bond referendum. citizens vote to pass the bond referendum willing to accept a tax increase to pay upcoming Parks & All agreed that if the on November 7, they are back the debt service; -~ 6 7'~~J> OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) therefore, a decision on various options for generating revenue can be made after the referendum. Motion: After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to repeal the recreational impact fee effective October 2, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Report on N. C. Jail Conference Chairman Retchin reported on the Jail Conference Greensboro stating the following issues were discussed: need for more jails in order to establish a more severe punishment by requiring full jail sentences for serious and (2) involve various members of the Justice System management of the jail population. held in (1) the form of crimes; in the [J Commissioner Barfield commented on recently enacted legislation allowing installment financing for jail facilities in North Carolina stating this sounds attractive; however, once funds are borrowed, they must be paid back. Jail Expansion Alternative to be Presented on November 20, 1989 Discussion was held on presentation of the j ail expansion alternative by Architect, Herb McKim. Acting County Manager Gornto stated this presentation could be presented after the Legislative Coordinating Council Meeting on October 23, 1989, if agreeable with the Board. Consensus: After discussion of various dates and the importance of each Commissioner being present, it was the consensus of the Board to hear the jail expansion alternative at the Regular Meeting of November 20, 1989. Discussion of Rankin Terrace Project Commissioner Barfield commented on the Rankin Terrace Drug and Droupout Prevention Program stating the trailers are being utilized by residents of the community, and the program is becoming a model for other areas of the inter-city. He stated residents of the community appreciate the support and funding of the trailers by the County and feel many adolescents are being helped through the drug and educational programs being offered. o Report on N. C. Drug Cabinet Meeting Commissioner Corbett commented on attending the N. C. Drug Cabinet meeting held in Fayetteville stating the Major General of Ft. Bragg was the key speaker who presented an interesting report on the reduction of drug use in the military. Commissioner Corbett stated he discussed the possibility of establishing work camps to rehabilitate drug offenders stating the idea was well received. ADDITIONAL ITEMS - COUNTY MANAGER Announcement of Vacation Days for Acting County Manager Acting County Manager Gornto stated she would be on vacation leave October 4, 5, 6 and 13. She requested the Commissioners to authorize Finance Director, Andrew J. Atkinson, to assume the responsibilities of the Acting County Manager in her absence. Consensus: It was the consensus of the Board to authorize the Finance Director to assume the responsibilities of the Acting County Manager while on vacation or absent from the office. o Steam Plant Tour Scheduled for October 16, 1989 Acting County Manager Gornto recommended scheduling a 'tour of the Steam Plant after the meeting of October 16, 1989, since Dr. Stanton Peters would be in town. Consensus: After discussion of the importance of seeing and understanding the steam plant expansion, it was the consensus of 1 I ~ I I I MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED) the Board to tour the facility after the meeting of October 16, 1989. Announcement of Offer by the U. S. Coast Guard for Helicopter Ride to Inspect Damage by Hurricane Hugo Acting County Manager Gornto stated the U. S. Coast Guard has offered to provide helicopter rides to the Commissioners who wish to see the hurricane damage along the North Carolina and South Carolina coasts. She requested any Commissioners interested to contact Emergency Services Director, Dan Summers. Scheduling of Water Acting County schedule a Water & scheduled meeting advertising. & Sewer District Meetings Manager Gornto requested authorization to Sewer District meeting with every regularly of the Board in order to avoid costly Consensus: After discussion, it was the consensus of the Board to schedule Water & Sewer District Meetings on the meeting dates of the County Commissioners. Budget Work Session Scheduled for November 13, 1989 Acting County Manager Gornto requested scheduling a Budget Work Session prior to December for an overall view of this year's budget and impacts on next year's budget. Commissioner Barfield requested a presentation comparing increased tax revenues generated by recent growth and development versus County expenditures. Consensus: After discussion, it was the consensus of the Boa~d to schedule a Budget Work Session on Monday, November 13, 1989, at 7:30 P.M. in the 5th Floor Conference Room of the New Hanover County Administration Building. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 11:30 o'clock P.M. ~pectfuI~)tsubmitted' y( 7Y~ cie F. Harrell Clerk to the Board 679 ., ~