1989-10-02 Regular Meeting
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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.
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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:
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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
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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.
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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.
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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
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6 7LJNUTES OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED)
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED)
673
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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.
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-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.
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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.
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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.
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The following persons were sworn in:
Ms. Carlene McKeithan
Mr. Harvey Hales
Mr. Harvey Harrelson
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MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 ( CONTINUED)
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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.
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6 ~s OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED)
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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
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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:
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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:
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MINUTES OF REGULAR MEETING, OCTOBER 2, 1989 (CONTINUED)
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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;
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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 .,
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