Loading...
1985-10-07 Regular Meeting 0'4 MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 7, 1985, at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners John Dolan: Claud O'Shields, Jr.: Fred Retchin: Vice-Chairman Jonathan Barfield, Sr.: Chairman, Nolan O'Neal: County Manager, G. Felix Cooper: County Attorney, Robert W. Pope: and'Clerk to the Board, Lucie F. Harrell. Reverend Ron Cava, Assistant Director of Ogden Bapti st Church, gave the invocation. APPROVAL OF MINUTES: Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of September 3, 1985: Special Meeting of September 9, 1985: Special Meeting of September 13, 1985: and Regular Meeting of Septemer 18, 1985: as presented. Vpon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. The following person commented: Mr. Allan Tole, Attorney for the Law Firm of Stevens, McGhee, Morgan, Lennon & O'Quinn, requested Item #14, a Public Hearing to consider an appeal of denial by the Planning Board to rezone properties located on the southeast side of U. S. 17 (Z- 249) be withdrawn from the agenda and continued until the first meeting in November since Attorney Lennon was unable to attend. Chairman O'Neal asked if anyone from the general public wished to comment on this item or express opposition to the postponement. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to continue Item #14 until November 4, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Commissioner Retchin MOVED, SECONDED by Vice-Chairman Barfield to approve the Consent Agenda. Commissioner Dolan requested discussion of Items #3, #4, and #10. After a discussion of Item #3 regarding storage for the voting machines and equipment for the sewer system; Item #4 designation of OAR as the Community Action Agency for receiving Community Service Block Grant Funds: and Item #10, the transfer of funds for moving a part-time position to a full-time position in the Print Shop, Commissioner Retchin amended his motion to approve the Consent Agenda withdrawing Item #4 to be discussed at the end of the meeting. Chairman O'Neal called for a vote on the amended motion. Upon vote, the MOTION CARRIED UNANIMOUSLY to approve the following Consent Agenda items: CONSENT AGENDA Adoption of Resolution Accepting Offers to Purchase Surplus Property Jointly Owned by City of Wilmington and New Hanover County The Commissioners adopted a resolution accepting offers to purchase surplus property jointly owned by the City of Wilmington and New Hanover County, located at the 700 Block of North 6th Street. This property represents an ad valorem tax value as of 1983 totaling $1,920. .0 ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Adoption of Resolution Accepting Offers To Purchase (continued) , . A copy of the resolution is contained in Exhibit Book XIII, Page 29. I Adoption of Resolution Accepting An Offer to Purchase Surplus Property Jointly Owned by the City of Wilmington and New Hanover County The Commissioners adopted a resolution accepting an offer to purchase property jointly owned by the City of Wilmington and New Hanover County, located at the 400 Block of Bladen Street and 300 Block of Central Boulevard. This property represents an ad valorem tax value as of 1983 totaling $7,220. A copy of the resolution is contained in Exhibit Book XIII, Page 29. Approval of Request for Additional Building For Storage - Property Management and Engineering Departments The Commissioners approved the following transfer of funds to build a storage facility approximately 30' x 150' at an estimated cost of $30,000 for the purpose of storing voting machines, equipment, and parts for the sewer system operation: 86-00000062 Property Management Contingencies Building Debit $30,000 Credit $30,000 I Approval of Request for Increase in Plumbing Permit Fee Schedule - Inspections Department The Commissioners approved an increase in the Plumbing Permit Fee Schedule, "working without ~-permit" fee from $10 to $25, bringing the fee in line with the other schedules. Approval of Budget Amendment - Health Department The Commissioners approved the following Budget Amendment for repair of the Mosquito Control Backhoe: 86-00000063 Health Contingencies M & R Equipment Debit $9,688 Credit $9,688 Award of Bid to Bob King Pontiac for Purchase of County Vehicles The Commissioners awarded the low bid in the amount of $27,889.19 to Bob King Pontiac for: (1) a 1985 pickup truck for Parks and Recreation: (2) a 1986 truck for the Steam Plant; and (3) a 1986 passenger van for general County use. I: Award of Bid to Cape Fear Ford for County Vehicles The Commissioners awarded the low bid in the amount of $56,539.11 to Cape Fear Ford for: (1) a 1986 pickup truck for the Planning Department: (2) two 1986 full size four wheel drive pickups for Environmental Health: (}) two (2) 1986 full size pickups for Animal Control: and (4) a 3/4 ton pickup truck for Parks and Recreation. The following Budget Amendment was approved to account for the difference in installment purchasing and outright purchase: 86-00000057 Revenue - Other (Animal Control) Capital Outlay - Equipment Capital Outlay - Equipment (Planning) Debit $10,300 Credit $8,300 2,000 06 MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUED) CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Airport The Commissioners approved the following Budget Amendment to re-budget for prior year encumbrance: 86-00000046 Airport , _ J' . Appropriated Fund Balance Capital Outlay - Equip. Debit $3,654 Credit $3,654 Approval of Budget Amendment - Airport The Commissioners approved the following Budget Amendment to set up project for Design Development Terminal at the Airport: 86-00000058 Airport - Design Dev. Terminal NC DOT Grant Operating Transfer-In Capital Project Ordinance Debit $55,367 55,367 Credit $110,734 Approval of Budget Amendment - Print Shop The Commissioners approved the following Budget Amendment transferring funds needed to move part-time position to full- time position: 86-00000045 Print Shop Contingencies Salaries & Wages Social Security Retirement - Local Debit $7,539 Credit Govt. Employee $6,550 465 524 Approval of Budget Amendment - County Attorney's Office The Commissioners approved the following Budget Amendment to pay legal expenses to Midland Insurance Company for the Dolli B. Asbury lawsuit: 86-00000064 County Attorney's Office Debit $3,250 Credit Contingencies Professional Services $3,250 Adoption of Resolution for Addition of Road to State Secondary Road System The Commissioners are requested to adopt a resolution for addition of the following road to the State Secondary Road System: Boardwalk Avenue, Park Walk Subdivision (Div. File #527-N) A copy of the resolution is contained in Exhibit Book XIII, ,., Page 2("9. - Approval of Annual Certification Roster for Firemen - Federal Point Volunteer Fire Department The Commissioners approved certification of the roster for firemen of the Federal Point Volunteer Fire Department. 30. A copy of the roster is contained in Exhibit Book XIII, Page PRESENTATION OF DESK FLAG SETS - WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY - LIVE OAK LODGE 16 Ms. Hazel Y. Ward, Secretary of The President's Club, Woodmen of the World Life Insurance Society, presented desk flag sets to the Commissioners, County Manager, and Clerk to the Board to serve as a reminder of our loyaly and love for our County and flag. ,", . ,0 ~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUED) PRESENTATION OF DESK FLAG SETS (CONTINUED) Chairman O'Neal, on behalf of the CountY,Commissioners, expressed appreciation to Live Oak Lodge #6 for the presentation asking all to stand and pledge allegiance to the Flag of the Uni ted States. I PRESENTATION OF PLAQUE TO FINANCE DIRECTOR County Manager Cooper presented a plaque to Finance Director, Andy Atkinson, for the County's 1984-85 Annual Finapce Report for the fourth consecutive year. This plaque is awarded by the Governmental Finance Officers' Association in recognition of the highest in standards of financial reporting. County Manager Cooper stated out of 620 governmental units in North Carolina only 10 have received this award. He stressed the importance of the financial confidence and recognition when receiving this award by agencies who deal with New Hanover County, particularly in the sale of bonds. Chairman O'Neal, on behalf of the Commissioners, congratulated Finance Director Atkinson, for an outstanding job in compilation of the report expressing appreciation to him and his staff. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on Monday, October 7, 1985, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the follow,ing: I . PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 84 ACRES AT THE SOUTHEAST CORNER OF GORDON ROAD AND 1-40 TO 0-1 OFFICE AND INSTITUTIONAL AND B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIAL Planning Director' Hayes and Planner Avery gave a slide presentation and background information on the rezoning request. Planning Director Hayes stated the Planning Board and Plannj,.ng Staff recommended approval of the request agreeing that this site was a prime commercial location. He stated the Planning Board was concerned on the impact to surrounding residential areas recommending zoning the frontage along Gordon Road to O-I and the remainder to B-2. Planning Director Hayes stressed the importance of setting a specific trend for commercial requests at an early stage as 1-40 draws to a conclusion in order to discourage whimsical rezoning attempts along this major corridor. He stated the County policies governing growth and development , clearly denote a desire to cluster commercial uses in well defined areas. Uncontrolled strip development and encroachment into non-commercial areas should be prohibited. Vice-Chairman Barfield expressed concern for the current traffic on Gordon Road and additional traffic that will be created by approval of this rezoning request. He also commented on the rumor that a truck stop was going to be constructed stating this was just one example of businesses that are allowed in the zoning change which would have a tremendous impact on the residential neighborpoo~. I Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. Eddie Lewis, the petitioner, commented on the current traffic on Gordon Road being the heaviest from 6:00 A.M. to 8:00 A.M and from 5:00 P.M. to7:00 P.M. stating a Shopping Cen~er would not open until 10:00 A.M. and would not contribute to increased traffic at these hours. He also commented on State requirements for issuing driveway permits stating DOT would make 08 MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 84 ACRES AT THE SOUTHEAST CORNER OF GORDON ROAD (CONTINUED) an analysis of the proposed construction plan requiring the developer or state to improve or widen a road if necessary in order to meet traffic needs. Mr. Lewis stated he had originally planned to develop the property as residential until construction of 1-40 denied him 2,950 feet of access on Highway 132. He requested consideration of the Commissioners in approving the rezoning request stating he had no intention to harm or damage any surrounding residential areas but only to enhance the area by providing a shopping center which is the best use of the land. He stated he would hesitate to establish a mobile home park on this land. Commissioner O'Shields asked if this property would qualify under Planned Unit Development zoning. Planning Director Hayes stated the property would qualify for Shopping Center Zoning with an approved plan. Mr. Otho Ray, a resident of Briarwood Subdivision, stated he was in favor of the rezoning request commenting on the benefits to the area of commercial development of this property. Mr. James Sandy, a resident of New Hanover County, commented on the impact of 1-40 to Gordon Road but strongly urged approval of the rezoning request in order to provide orderly growth in a well defined commercial area and to avoid uncontrolled strip development stating the County policies governing growth and development clearly denote a desire to cluster commercial uses in well defined areas. Chairman O'Neal asked if anyone present wished to speak in opposi tion to the rezoning request. The following persons commented: Mr. George Talley commented on the investment of residents in their property on Gordon Road asking if the development of commercial use is more important than protection of already developed residential areas. Mr. Charles Clay, Ms. Delores Jordan, Mr. Joseph Jenkins, Mr. John Chisolm, and Mr. John Pearson expressed concern for protection of the residential area and the traffic impact created by this rezoning' request. Mr. Warren Bloovol suggested an effort be made to move the boundary of 1-40 one-half mile south with the entrance on College Road stating the State could be approached with this request. Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Barfield MOVED to deny the rezoning request. The floor was opened for discussion. Commissioner O'Shields commented on traffic in every neighborhood stating the residents on Gordon Road travel through other residential areas going to shopping centers since there is no neighborhood shopping center in their area. He stated he agreed with the comment that the establishment of neighborhood shopping centers would alleviate traffic in other neighborhoods. Commissioner O'Shields suggested withdrawal of the request by the petitioner with resubmission under the Shopping Center Zoning District with a detailed plan indicating the types of businesses to be placed in the shopping center. Mr. Lewis requested approval of the rezoning request as presented stating he felt this was the best use for the property and surrounding residential area. '" . \.. O! MINUTES OF REGULAR MEETING, OCTOBER.7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING REQUEST FOR PROPERTY LOCATED NEAR GORDON ROAD AND 1-40 (CONTINUED) Commissioner Dolan stated Mr. Lewis did not create the problem but that 1-40 did expressing concern for immediate improvement to Gordon Road in order to meet traffic needs. I After a lengthy discussion, Chairman O'Neal SECONDED the MOTION by Commissioner Barfield for denial of the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner O'Shields Commissioner Dolan BREAK Chairman O'Neal recessed the meeting for a break from 8:50 0' clock ~ .M.. to 8: 59 0' clock P.M. PUBLIC HEARING TO CONSIDER REZONING OF TWO PARCELS IN FLEMINGTON ON THE SOUTHSIDE OF SECOND AVENUE, JUST WEST OF U. S. 421 FROM R- 15 RESIDENTIAL TO I-2 HEAVY INDUSTRIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval. He suggested approva~ of the rezoning request if no one present wished to speak in opposition. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. I Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the rezoning request as presented by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.7 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 6, 1~71" is contained in Zoning Book I, Section 7, Page 1. . , Commissioner O'Shields commented on property located in the Flemington area that is still zoned residential stating this is a heavy industrial area. He requested the Planning Staff to update an ownership survey of the property zoned R-15 to see how much property is owned by absentee landlords and the change of ownership of property within the last 7-8 years. He expressed concern for allowing this property to remain residential and issuing building permits in the middle of a heavy industrial area. Planning Director Hayes stated this had been. a concern of the Planning Staff and Planning Board stating no land use activity had been submitted to the Planning Board until.this request. I After further discussion, it was the consensus of the Board to delay any land use activity until this survey has been accomplished. PUBLIC HEARING TO CONSIDER REZONING A PORTION OF ONE PARCEL ON THE NORTHSIDE OF TERESA DRIVE 204 FEET EAST OF U. S. 117 (CASTLE HAYNE ROAD) FROM B-1 BUSINESS TO R-20 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval citing a need to clarify the zoning boundary on the site. He stated the property is currently split by a B-1 zoning line, with part of the site zoned B-1 and the remaining portion zoned R-20. He recommended approval if no one was present to speak in opposition. 10 MINUTES OF REGULAR MEETING, OCTOBER'7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING A PORTION OF ONE PARCEL ON TERESA DRIVE (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to approve the rezoning request as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 10-A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1984," is contained in Zoning Book I, Section 10-A, Page 15. PUBLIC HEARING TO CONSIDER REZONING A PORTION OF ONE PARCEL ON THE WEST SIDE OF CAROLINA BEACH ROAD 350 FEET SOUTH OF ANTOINETTE DRIVE FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes gave background information on the rezoning request stating for consistency with County policies for growth and development for commercial locations and related commercial development in the Monkey Junction area, the Planning Board and Planning Staff recommended approval. He suggested approval if no one wished to speak in oppo-si tion to the request. Chairman O'Neal' asked if anyone 'present wished to speak in opposition to the rezoning request. 'No one commented. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the rezoning request as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, " is contained in Zoning Book I, Section 4, Page 20. PUBLIC HEARING TO CONSIDER REZONING A PORTION OF ONE PARCEL ON THE SOUTHSIDE OF EASTWOOD ROAD 650 FEET WEST OF CHARTER DRIVE FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes gave background information on the rezoning request stating the Planning Board determined that a commercial proposal was generally consistent with County policies for growth and development. He recommended approval of the rezoning request if no one present wished to speak in opposition to the request. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to approve the rezoning request as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9-B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is contained in Zoning Book I, Section 9-B, Page 57. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO SECTIONS 132.9 AND 11.3 OF THE ZONING, SUBDIVISION, AND MOBILE HOME PARK ORDINANCES BY DELETING CURRENT LANGUAGE REGARDING ORDINANCE ENFORCEMENT AND REPLACING WITH CITATION OF NORTH CAROLINA LAW Planning Director Hayes gave background information on the proposed Text Amendment stating the purpOse of the amendment was to improve the enforcement powers of the Inspection Department for zoning ordinance violations. He recommended approval. 1, MINUTES OF REGULAR MEETING', OCTOBER 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO SECTION 132.9 AND 11.3 OF ZONING, SUBDIVISION, AND MOBILE HOME PARK ORDINANCES (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in opposition to the propose~ Text Amendment. No one commented. I Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Text Amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, 'NORTH CAROLINA AMENDING THE MOBILE HOME ORDINANCE OF NEW HANOVER COUNTY ADOPTED MARCH 2, 1970," is contained in Exhibit Book XIII, Page 30. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE PROPERTIES ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE EAST OF PLAZA EAST TO THE INTERSECTION OF WRIGHTSVILLE AVENUE AND STOKELY ROAD FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS AND/OR 0-1 OFFICE AND INSTITUTION Planning Director Hayes gave background information on the appeal stating the Planning Board denied the request in order tb preserve the existing residential land uses allowing the area to evolve commercially on an incremental basis. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. 'The following person commented: Mr. Lee Debnam, an adjacent property owner, commented in favor of the rezoning request stating commercial development wis the best use for this property. ~ I Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After further discussion of the mail survey by the Planning Staff of property owners, Commissioner O'Shields-MOVED to rezone the entire parcel. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. After further discussion of the Planning Staff's recommendation to approve the rezoning to Burke Avenue, Commissioner Dolan made a SUBSTITUTE MOTION SECONDED by Commissioner Retchin to approve the rezoning request to Burke Avenue. Upon vote; the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Voting Noe: Chairman O'Neal Chairman O'Neal stated he voted no due to strip commercial zoning which violates the County policies for g:r:owth and development. I A copy of- "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING ZONING MAP OF AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is contained -in Zoning Book T, Section 2, Page 21. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE WEST SIDE OF U. S. 117 NORTH OF ROCKHILL ROAD Planning Director Hayes- and Planner Avery gave background information on the issuance of a Special Use Permit stating the general requirements had been met~ however, access to the site is provided via a private easement. L2 MINUTES OF REGULAR MEETI~G, OCTOBER 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE WEST SIDE OF U. S. 117 NORTH OF ROCKHILL ROAD (CONTINUED) Chairman O'Neal asked anyone present wishing to give testimony to step forward tO,be sworn in bY,the Clerk to the Board. The following person was sworn in: Mr. Jerald Davis Mr. Davis, representing the petitioner Ms. Audrey D. Deas, stated his aunt had requested the Special Use Permit in order to place a mobile home on her lot. Planning Director Hayes presented statements with reference to the general requirements. Chairman O'Neal asked the petitioner if he agreed with statements made by the Planning Director. - Mr. Davis stated he concurred. Chairman O'Neal asked if anyone present wished to spea~.~n opposition to the request. No one commented. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to grant the Special Use Permit adopting the statements presented by the Planning Staff as the findings of fact. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 8. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE EAST SIDE OF U. S. 117 JUST BEHIND JERRY'S BURGER HOUSE Planning Director Hayes gave background information on the request to locate a mobile home stating the general requirements- had been met. Chairman O'Neal asked anyone present wishing to give testimony to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: William A. Buck, Jr. Planning Director Hayes pr~sented statements with reference to meeting the general requirements. Chairman O'Neal asked the petitioner if he agreed with the statements presented by the Planning Director. Mr. Buck stated he concurred. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to grant the Special Use Permit adopting the statements presented by the Planning Staff as the findings of fact. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 9. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A BOAT STORAGE FACILITY IN AN EXISTING COMMERCIAL MARINA (CROCKER'S). THE PROPERTY IS LOCATED ON THE NORTH SIDE OF EASTWOOD ROAD, WEST OF CANAL DRIVE Commissioner O'Shields commented on the -definition of Commercial Marina where there is no water. He requested a change that woud provide a boat sales office with repair work as opposed to a Commercial Marina which includes a multitude of services. Planning Director Hayes stated boat sales are not permitted in a B-1 District but they are by Special Use Permit in a Commercial Marina district. After discussion, it was the consensus of the Board for the Planning Department to review the definition of Commercial Marina. 1: MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A BOAT STORAGE FACILITY IN AN EXISTING COMMERCIAL MARINA (CONTINUED) Planning Director Hayes gave background information on the request ~or a Special Use Permit for boat storage stating the four general requirements had been met. I Chairman O'Neal asked anyone wishing to give testimony on this request to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: Mr. Kay Crocker Mr. Crocker, the petitioner, stated he planned to build an additional shed for boat storage requesting approval of the Special Use Permit. Planning Director Hayes presented statements with reference to the general requirements. Chairman O'Neal asked the petitioner if he agreed with the statements presented by the Planning Director. Mr. Crocker stated he concurred. After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit adopting the statements presented by the Planning Staff as the findings of fact. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book, Page 9. I PUBLIC HEARING TO CONSIDER A SPECIAL USE ~ERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF TERESA DRIVE, 204 FEET OF U. S. 117 Planning Director Hayes gave background information on the request stating the four general requirements had been met. Chairman O'Neal asked anyone present testimony to step forward to be sworn in,by Board. The following person was sworn in: Ms. Marguerite Price wishing to give the Clerk to the Ms. Price stated she wished to place a mobile home on the vacant lot requesting approval of the Special Use Permit. Planning Director Hayes presented statements with reference to meeting the general requirements. Chairman O'Neal asked the petitioner if she agreed with the statements presented by the Planning Director. Ms. Price stated she concurred. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit adopting the statements presented. by lthe Planning Staf.~ as the findings of fact. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Special Use Permit is contained in SUP Book I, Page 10. BREAK Chairman O'Neal ~ecessed the meebing for a break from 9:45 o'clock P.M to 9:55 o'clock P.M. ADOPTION OF RESOLUTION DESIGNATING OFFENDER AID AND RESTORATION, INC. AS THE COMMUNITY ACTION AGENCY Commissioner Retchin MOVED, SECONDED by Vice-Chairman Barfield to adopt a resolution designating OAR as the Community Action Agency. The floor was opened for discussion. Commissioner Dolan requested Ms. McAbee to explain how this agency was selected and if any other agencies were considered. 14 MINUTES OF REGULAR MEETING, OCTOBER'7, 1985 (CONTINUED) ADOPTION OF RESOLUTION DESIGNATING OAR AS COMMUNITY ACTION AGENCY (CONTINUED) Ms. McAbee .commented on the eligibility criteria stating very few agencies were eligible. County Manager Cooper stressed the importance of knowing the structure of agencies and their competency before giving them funds to distribute. He stated the County did know the -structure of OAR. . Commissioner Dolan expressed concern for auditing problems w~th OAR asking if these problems had been resolved. Vice- Chairman Barfield stated these problems had been solved. After further discussion, Chairman O'Neal called for the vote on the motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 31. DISCUSSION OF CONSENT AGENDA County Manager Cooper commented on the origin of the Consent Agenda stating his staff would be glad to provide additional information or answer any questions that Commissioners may have on Consent Agenda items. COMMITTEE APPOINTMENTS APPOINTMENT OF WILLIAM R. HERMAN AND JEREMIAH PARTRICK TO NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Commissioner Dolan MOVED, SECONDED by Vice-Chairman Barfield to appoint Dr. .Jeremiah Partrick. Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to appoint Mr. F. P. Fensel to serve on the Board of Trustees. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to appoint William R. Herman. Chairman O'Neal called for the vote on the Commissioner Dolan to appoint Dr. Jeremiah partrick. the MOTION CARRIED AS FOLLOWS: MOTION by Upon vote, Voting Aye: Commissioner Dolan Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner O'Shields Commissioner Retchin Chairman O'Neal called for a vote on Commissioner O'Shields to appoint F. P. Fensel. MOTION FAILED AS FOLLOWS: the MOTION by Upon vote, the Voting Aye: Commissioner O'Shields Commissioner Retchin Voting Noe: Commissioner Dolan Vice-Chairman Barfield Chairman Nolan O'Neal Chairman O'Neal called for a vote on the MOTION by Commissioner Retchin to appoint Mr. William R. Herman. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. William R. Herman and Dr. Jeremiah Partrick were appointed to gerve five-year terms on the Hospital Board of Trustees expiring September 30, 1990. 1~ MINUTES OF REGULAR MEETING, O~TOBER 7, 1985 (CONTINUED) COMMITTEE APPOINTMENTS (CONTINUED) APPOINTMENT OF WILLIAM B. HARRIS TO NEW HANOVER COUNTY PLANNING COMMISSION : ' Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to appoint Mr. William B. Harris to serve an unexpired term on the New Hanover County Planning Commission expiring July 31, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Mr. Charles F. Bove' expressed disappointment of not being appointed, to the Hospital Board of Trustees stating he felt Dr. Partrick was too busy to serve since he is an elected member of the Board of Education and has an active dental practice. ADOPTION OF AMENDMENT TO RESOLUTION FOR ESTABLISHMENT OF POLICY AND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COMMISSIONS, COMMITTEES OR AUTHORITIES Commissioner O'Shields MOVED, SECONDED by Commiss~ner Retchin to adopt the amendment to the resolution for establishment of policy and procedures for appointments to County Boards, Commissions, Committees, or authorities to include the Conf lict of Interest Ordinance requirements and filing of Disclosure Statements. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION REQUESTING THE N. C. DEPARTMENT OF TRANSPORTATION TO PERFORM A TRAFFIC IMPACT STUDY ON GORDON ROAD Commissioner Dolan requested the Clerk to prepare a resolution to be forwarded to the N. C. Department of Transportation with a ,copy to Governor James Martin requesting a traffic impact study and immediate action on improving or widening Gordon Road with the completion of 1-40. I After ,discussion, Commissioner Dolan MOVED, SECONDED by 'Vice-Chairman Barfield to prepare a resolution to be forwarded to the N. C. Department of Transportation, Governor Martin, and the Wilmington Tr,ansportation Committee requesting DOT to perform a traffic study of Gordon Road with immediate action being taken for improvement upon completion of 1-40. Upon vote, the MOTION CARRIED -UNANIMOUSLY. . ' j "'1 A copy of the resolution is contained in Exhibit Book XIII, Page 3'. ANNOUNCEMENT BY COMMISSIONER RETCHIN OF PLANS TO ATTEND THE SOCIAL SERVICES INSTITUTE AT CHAPEL HILL Commissioner Retchin announced he planned to attend the Social Services Institute at Chapel Hill on October 14 and 15, 1985. I DISCUSSION OF CHAMBER OF COMMERCE AND SPECIAL TASK FORCE COMMITTEES Chairman O'Neal expressed concern for the Chamber of Commerce appointing various task force committees to perform studies on complicated issues which require experts in the field. He stated the Aviation Task Force Report on the Airport was an example stressing the importance of have qualified persons to perform studies of this type. CHAIRMAN O'NEAL TO BE ON VACATION Chairman O'Neal announced he would be on vacation from October 10-15, 1985. DISCUSSION OF HOSPITAL WORK SESSION ON OCTOBER 18, 1985 Commissioner Barfield stated if after the meeting on October 18, 1985, there were still questions about the legal aspec'ts 'of the hospital issue, he recommended the assignment of a person from the Legal Department to work full time with a consultant on this issue in order to b~ing back documented facts. 16 MINUTES OF REGULAR MEETING, OCTOBER 7, 1985 (CONTINUEDO DISCUSSION OF HOSPITAL WORK SESSION (CONTINUED) Chairman O'Neal stated Mr. Greg Gaskins from the Local Government Commission and Mr. Douglas Johnston of the Attorney General's Office will be participants in the Work Session. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF RESOLUTION FOR LEASE/PURCHASE FINANCING WITH FIRST UNION NATIONAL BANK FOR PURCHASE OF IBM EQUIPMENT Co~nty Manager Cooper requested approval o~ a lease/purchase financing agreement for computer equipment through First Union National Bank at an annual percentage rate of 7.74%. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to adopt the resolution for the lease/purchase financing through First Union National Bank at an annual percentage rate of 7.74%. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 31. DISCUSSION OF SECOND PARCEL OF SCHOOL BONDS TO BE SOLD IN NOVEMBER County Manager Cooper announced he, the County Attorney, Finance Director, and Commissioner Retchin will be in New York on November 5 and 6 to appear before Moody's Investments Services and Standards Poor's Corporation, the credit rating agencies, for the second parcel of school bonds to be sold. ANNOUNCEMENT OF 4th NATIONAL ASSEMBLY ON THE JAIL CRISIS County Manager Cooper announced the National Association of Counties is holding the 4th National Assembly on the Jail Crisis on November 10-12, 1985, in Atlanta Georgia. He asked if the Commissioners needed any staff representation at this conference. After discussion, it was the consensus of the Board that Commissioner Dolan and Vice-Chairman Barfield were to attend and furnish a report making it unnecessary for staff representation. ADJOURNMENT Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 10:30 o'clock P.M. ~iTP~ctfUllY submitted, ~V/~ Lucie F. Harrell Clerk ,. I ! \..