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1985-12-02 Regular Meeting 6~ "{ MINUTES OF REGULAR MEETINGr DECEMBER 2r 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 2, 1985, at 6:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commiss'iqners 'Claud .O'Shields, Jr.;. Fred . ., I' , l Retchin; Vibe..l.Ch~iirinan Jonathan Barf ietd, Sr.; Chairman Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Commissioner John Dolan was present. ~. . .. If,: I ' Reveren'd Duane Cooke, Pastor of Cape Fear G?sp~l Re,spue Mission, gave the invocation. "1."\ I . I. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Vice-Chairman Barfield to approve the minutes of the Regular Meeting of November 4, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ELECTION OF CHAIRMAN Chairman O'Neal opened the floor for nominations for Chairman of the County Commissioners for the ensuing year. Commissioner Retchin nominated Vice-Chairman Barfield for Chairman. There being no other nominations, Chairman O'Neal declared the nominations closed. Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to elect Vice-Chairman Jonathan Barfield, Sr. as Chairman for the coming year. Upon voter the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Voting Noe: , - ~ 1...." . Commissioner Dolan . t" Abstaining: .. "I " ""', Chairman O'Neal '. ~. , 1 . Commissioner Dolan stated, for the record, he voted noe due to the manner in which the decision had been made and reported to the news media without all Commissioners being informed. He stated he did not object to Vice-Chairman Barf.i.eld being Chairman, only the manner in which this action occurred. Chairman O'Neal turned the gavel over. to Vice-Chairman Barfield. ELECTION OF VICE-CHAIRMAN Chairman Barfield opened the floor for nominations for Vice- Chairman of the County Commissioners for the ensuing year. Commissioner O'Shields nominated Commissioner Retchin for Vice- Chairman. I There being no other nominations, Chairman Barfield declared the nominations closed. Commissioner OlShields MOVED, S~tONDED by Chairman Barfield to elect Commissioner Fred Retchin as Vice-Chairman for the coming year. Upon vote, the MOTION CARRIED AS FOLLOWS: OJ If. i Vot'il1.g Aye:' Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman Barfield , \ Abstaining: Commissioner O'Neal 68 MINUTES OF REGULAR MEETINGr DECEMBER 2r 1985 (CONTINUED) ,f ,,;. ~ _10 J f". -". BREAK Chairman Barfield recessed the o'clock p.M.~io:~d24q6;~lbck P.~. . r , . : ~e~5in9 t~r a.~re~~ ~r.om 6;13 " , t ~. : . " :j- I I... DISCUSSION OF PROPOSED DRAFT ~~P~D BY T~, ,~;J;~ ,SE~V~CE., :OISTI,U~'f TASK FORCE Vice-Chairman Retchin commented on Paragraph 3 under Composition of Governing Body asking why the last sentence stated "no representative may serve more than one consecutive term." He stated this should be two consecutive terms. Mr. Leonard Long commented on the one consecutive term stating the intent was that 1/2 of the members would serve a 2-year term and 1/2 of the members on the first group of appointees would serve only a I-year term. He stated by this process each district would be represented and the Governing Body would always have people on the Board who are familiar with current and past situations. A lengthy discussion was held on the length of terms and appointment of a representatiave from each Fire District. Commissioner Dolan requested a change in the wording of "Governing Body" stating this was confusing and sometimes difficult to interpret. He suggested using "The Board of Fire Commissioners" instead of Governing Body. After discussion, it was the consensus of the Commissioners to change the wording to "Board of Fire Commissioners." Vice-Ch~irman Retchi~ commet;lted ,o.n the t~rms < Of ,_qffri~e beginning July'lr 1986,' 'following' the board qppointm~n;t!?. . H~. suggested an initial st,a~,~-up' ,~~1;.e {?,f, Mar<?,~ :1, ~l~86'.'lin ord,er, tp evaluate the budget needs for establishment of a tax rate for the Fire Service District by the Fiscal Year 1986/87. After discussion, it was the consensus of the Commissioners to establish a start-up date of March 1, 1986, for the Board of Fire Commissioners with the expiration of the first terms on July 1, 1987. County Attorney Pope requested direction of the Commissioners in advertising for a Public Hearing for establishment of the Fire Service District. After discussion, it was the consensus of the Commissioners to hold a Public Hearing on January 6, 1986, at 7:00 o'clock P.M. for establishment of a Fire Service District. The County Manager and County Attorney were requested to furnish a time schedule after establishing and defining the Fire Service District in order to levy the tax by July 1, 1986. Commissioner Dolan commented on the need for a Fire Marshal stating New Hanover Cdu~~y ~ad no fi~e ihspeqtions in places ~f public assemblies~' bars, dance halls, etc. with no enforcement of fire safety codes. County Manager Cooper stated he had received input from public groups and people dining in various restaurants stating ,~e.fe~t the County did need a Fire Marshal. He recommended ,this shou~d_b~ ~ function of the General Fund and not the Fire Service District stating he would include this as a budget item in next year's budget. Commissioner Dolan commented on the purchase of equipment asking who would have title to the equipment and if the Board 6! MINUTES OF REGULAR MEETING. DECEMBER 2. 1985 (CONTINUED) . . \; l' DISCUSSION OF PROPOSED DRAFT PREPARED BY FIRE SERVICE DISTRICT TASK FORCE (CONTINUED) I objected to the ti tIe being in the name of the various Fire Departments. After discussion, it was the consensus of the Board for the title of;equipment to be in the name of the various Fire Departments with the equipment reverting back to the Fire Service District for allocation when the equipment is no longer of use or value to that Fjre Department. Commissioner O'Neal commented on volunteer firemen being exempt from paying the Fire Service District tax., County Attorney Pope stated he did not feel this would be legal since it could cause the loss of volunteer status. . . After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to accept the proposed report with recommended changes and proceed with establishment of the Fire Service District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield asked each member of the Fire Service Task Force to stand and introduce themselves. He expressed appreciation for an excellent job in preparing the proposal. Commissioner Dolan also expressed appreciatiQn to Ms. Cam McAbee ,for her efforts and time given in'preparation of the report. ._; j NON-AGENDA ITEMS Chairma~ ~arfielq as~ed if anyone present wished to ,comment on any item not listed on the Regular Agenda or Consent Agenda., The following persons comment~q: . I Ms. Jane Cherry appeared before the Commissioners requesting a hearing on placement of the sewer line crossing her property. She gave background information on the request. After discussion, ~t was the consensus of the Board to place this item on the agenda for the regular meeting of the Water & Sewer District on December 16, 1985, at 9:00 o'clock A.M. Engineering Director Hilton was asked to research' this matter and provide information to.the Commissioners. Adoption of Ordinance For Reduction of Speed Limit in Front of Laney/Trask Schools and Ogden Elementary School. Senator Franklin Williams appeared before the Commissioners stating he had met with the Department of Transportation and a member of the Board of Transportation with reference to placing traffic signals in front of Laney/Trask Schools. He stated a meeting had been scheduled for. Thursday, December 5, 1985, and that his goal was not only to reduce the speed limit and erect traffic signals but to have a stop light placed in front-of the schools. He stated he would keep the Commissioners informed. After discussion, Vice-Chairman Retchi~ MOVED"SECONDED by Commissioner Dolan to adopt an ordinance reducing the speed limit to 35 mph 200 feet on either side of the property line in front of Laney/Trask schools and to reduce the speed limit to 35 mph in front of Ogden Elementary School. Upon vote, the MOTION CARRIED UNANIMOUSLY. '. I 40. A copy of the ordinance is contained in Exhibit Book XIII, Page APPROVAL OF CONSENT AGENDA , r ".' Commissioner Dolan MOVED, SECONDED by Commissioner approve the following Consent Agenda items. Upon vote, CARRIED UNANIMOUSLY. -, Retchin to the MOTION 70 MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 (CONTINUED) CONSENT AGENDA (CONTINUED) CONSENT AGENDA Approval of Articles of Incorporation and By-Laws of the New Hanover Convention and Visitors Bureau The Commissioners approved the Articles of Incorporation and By-Laws of the New Hanover Convention and Visitors Bureau. A copy of the Articles of Incorporation and By~Law~ are contained in Exhibit Book XIII, Page 41. Award of Bids to V. o. Chevrolet, Inc. and Sales, Inc. -' Sheriff's Department American Uniform , . The Commissioners awarded the low bid to V. o. Chevrolet, Inc. in the amount of $13,923.54 for' the ptirchase' of a 1'986' Full Size 4-Wheel Drive Vehicle and awarded the low bid to American Uniform Sales, Inc. in the amount of $9,192.50 for the pur~hase of Sheriff's Department Uniforms. Adoption of Resolution Approving an Agreement between New Hanover County and the Cape Fear Chapter, American Red Cross Local Government Child Restraint Loaner Program The Commissioners adopted a Resolution designating the Cape Fear Chapter, American Red Cross, as a local ser~ice ag~nc~ ~o implement the Local Government Child Restraint Rental Program. Also, approved was an Agreement between New Hanover County and the Governor's Highway Safety Program of the North Carolina Department of Transportation and a lease agreement with the Red Cross to assist them in securing a matching grant for leasing infant safety seats from the North Carol~na Governor's Highway Safety Program. A copy of the resolution is contained in Exhibit Book XIII, Page 42. Approval of Budget Amendment and Program Agreement Revision Community Based Alternative~ . ' ,'.. The Commissioners approved the following Budget Amendment and CBA Program Agreement Revision to transfer CBA funds between programs and alYoca~e additional CBA funas.' " " ..: 86-00000107 CBA Funds , I' Debit' " $ 4,725 Credit' CBA Grants Youth Help, Inc. - CBA Contributions to Outside Agencies 11,450 Cape Fear Substance Abuse Contributions to Outside Agencies Therapeutic & Big Buddy - CBA Contributions to Outside Agencies OAR Contributions to Outside Agencies $ 6,175 5,000 5,000 Acceptance of Equal Employment Opportunity Commission Grant Human Relations The Commissioners authorized acceptance of an EEOC Grant in the amount of $40,096, authorizing the Chairman to execute the Agreement for the cost of processing new charges and ADEA charges filed. : f .' 7: MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Acceptance of HUD Grant - Human Relations The Commissioners authorized acceptance of a HUD Grant in the amount of $21,422, authorizing the Chairman to execute the Agreement for the implementation of a rental market testing program. - ) I Authorization For Destruction of Records - Library The Commissioners authorized the Library, to destroy County records according to the Records Retention schedule. A list;of records to -be destroyed is on file ~n the Clerk's Office. Approval of Budget Amendment - Social' 'Services (, The Commissioners approved the following Budget Amendment for State Budget Revisions for the Department of Sociar Services: 86-00000101 Social Services I Appropriated Fund Balance Friends of Black Children Long Term Care Screening Prog. DSS Administrative Grant AFDC County Issued Checks T-IVB Adoption Assistance (N-AG) T-IVB Adoption Assistance (N-AS) ,T-IVB Adoption Assistance Title XX Day Care Services AFDC Foster Care State Foster Care DSS Board Members - Salaries & Wages Social Security '.-' '. Community Alternatives Program Nursing I " .,." DSS - Administration Professional Services I:J Food Distribution Departmental Supplies r - Medicaid Assistance Payments Special Assistance - Adults Assistance Payments Community Alternatives Program Contraced, Services I Child-Day Care - Child Day Care Services ;, Family Planning Contracted Services State & AFDC Foster home State Foster Home Fd. AFDC Foster Care (IV-E) Debit Credit $64,190 4,385 15,631 31,616 601 2,365 '1,102 " ',1,722 14,401 14,224 16,587 1,901 134' . . , -1 , 0 0 0 "r i ' $8,645 1,000 7,711 "',,' I . 24,245 6,000 ,- 14,401 11,307 33,174 16,780 72 MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 (CONTINUED) , i APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment for Social Services (continued) Debit Credit Adoption Assistance IV-B Adopt. Asst. (N-AG) IV-B Adopt. Asst. eN-AS) IV-E Adopt. Asst. (AFDC) 2,365 1,469 2,037- AFDC State Issued Checks County Issued Checks CWS Day Care 31,359 6,241 3,125 State Budget Revisions (Legislative) and change in Board payments (Professional Services) Budget Amendments Approved by the Commissioners at Previous Meetings Reported For Entry in Record 86-00000106 Aging/RSVP Debit Credit Action Grant $5,000 Salaries & Wages Social Security Retirement Communications Expense Printing Insurance Auto Allowance Travel, Meetings & Schools $ 2 , 23'0 15.6 187 95 100 205 1,584 443 On July 15, 1985, the Retired Senior Volunteer Program was awarded a $5,000 augmentation by ACTION for program expansion. 86-00000085 Non-Departmental Appropriated Fund Balance Miscellaneous Expense . Debi.'t $15,000 Credit $15,000 Transfer $15,000 from appropriated fund balance to miscellaneous expense to fund ,county ,cost of paving road along northern boundary of hospital. Total county cost is $50,000. An amount of $35,000 is budgeted in FY 85-86 budget. Budget Amendment Approved by Budget Officer The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the record: 86-00000097 Health - Family Planning Departmental Supplies Family Planning Revenue Debit $1,754 Credit $1,754 7 It\. " MINUTES OF REGU~ MEETI,NG, DECEMBER 2, 1985- (CPNTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget.Amendment - Airport I The Commissioners approved the following Budget Amendment for the purchase of a tractor and mower, buyout lease of 1983 Oldsmobile, and to purchase PSO sidearms for training: 86-00000108 Airport Appropriated Fund Balance Installment Lease Payments M & R - Equipment Debit $30,083 4,075 825 Credit Capital Outlay - Equipment $34,983 Approval of Request for Special Waste Disposal by IBM - Refuse- Fired Steam Generation Facility The Commissioners approved a special request for waste disposal from IBM in the Research Triangle Park for destroying confidential documents. This will not be a routine request and will be for one time only. APPROVAL OF PUBLIC OFFICIAL BONDS County Attorney Pope requested adoption -of resolutions for approval of Public Official Bonds. I Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to adopt resolutions fo~,approval of ,Public Official Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are contained in Exhibit Book XIII, Page 43. PUBLIC HEARING Notice was given that a Public Hearing would be held by~the Board of County Commissioners of New Hanover County on Monday, December 2, 1985, at 7:00 o'clock P.M~ in the Assembly Room of the County Admini stration Bui Iding, 320 Chestnut Street, Wilmington, North Carolina to consider the following: PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE PROPERTY(S) LOCATED ON THE SOUTHP;AST SIDE OF U. S. 17 APPROXIMATELY.l,~OO.FEET-SOUTH OF S.R. 1402 (PORTER'S NECK 'ROAD) TO B-2 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes and Planner Avery presented slides and gave background information on the appeal stating the Planning Board denied the rezoning request since commercial zoning would encourage strip commercial development which is discouraged by the County policies for growth and development. I Chairman Barfield a,sked, ..if . .anyone pr.esent. wished '. to speak in favor of the rezoning. The following person commented: Mr. Alton Lennon, representing the petitioners, Wallace and Charles Piner, pr.esented. a map of the property involved stating' 'the numerous rezonings in the vicinity. He stated he felt commercial zoning was the highest and best use of the property requesting approval of the rezoning request. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to, rezone property on the southeast side of Market Street from R-15 to B-2 Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is .contained in Zoning Book I, Section 5, Page 16. 74 MINUTES OF REGULAR MEETING, DECEMBER 2, "198'5: (CONTINUED) ., to *" . PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT PROHIBITING OUTDOOR ADVERTISING ALONG SPECIALLY DESIGNATED HIGHWAYS, _0_ ,. . Planning Director Hayes and P-lanner Avery presented slides and gave background information on the Zoning Text Amendment stating the Planning Board recommended approval with other forms of ,visual pollution being addressed at a later date. r Chairman Barfield asked if anyone present wished to speak in opposition to the proposed Text Amendment. 'The following persons commented: Mr. Jim Pridgen, President of Naegele Outdoor Advertising Company, presented slides of the billboards now constructed by his company. He emphasized the fact that signs and advertising can aid in beautifying highways requesting denlal of the proposed Text Amendment stating the present ordinance was acceptable. ., ' Commissioner O'Shields commented on'the amount of I-2 zoning along 1-40. Planning Director Hayes stated 14,000 lineal feet would be eligible for signage under the present ordinance. After-a, lengthy discussion ori'billboards as off-p~emises advertising being distinguished as a separa'te distinct use and the difference between on-premises comm~r9ia). advertising, _... Commissioner Dolan MOVED, SECONDED by Commi~sion~i O'Neal to . approve the' Text' Amendment as presented. ~He stated t,his new highway was an opportunity to protect this corridor requesting the Planning Board to address all forms of visual pollution. Vice-Chairman Retchin recommended extending the moratorium an additional 60 days requesting the Planning Staff to prepare a recommendation that would address all forms of, visual~pollution. Commissioner Dolan stressed the importance making a decision tonight in order to control the signage. After a lengthy discussion, wi th motions made and withdrawn, Vice-Chairman Retchin made a SUBSTITUTE AMENDED MOTION, for a 1,000 foot setback from the' right -of-way on the 1-40 corridor as follows: Add under Article IX, Section 94-2: - f "' (13) Outdoor advertising signs shall not be constructed within 1,000 feet of the right-of-way o! special highways designated on I the, New Hanover. Cqun.ty Thoroughfare Classification Plan. ' I 2. Add: 66.1 Special Highways r . i All nonresidential development shall set back a minimum of 1,000 feet from the right-of-way of special highways designated by the County Commissioners. This area of open space shall remain unoccupied and completely free to all non-residential structures. f. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is contained in Ehxibit Book XIII, Page 43. After further discussion on signage for Eastwood Road, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal that outdoor signs shall not be constructed within 1,000 feet of the right-of-way on EaS'twb6d' Road. . Upon vot'e, the MOTION FAILED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Voting Noe: Commissioner O'Shields Vice-Chairman Retchin Chairman Barfield I I I 7 MINUTES OF REGULAR MEETING, D~CEMB~R 2, 1985 (CONTINUED) PUBLIC HEARING FOR CONSIDERATION OF TEXT AMENDMENT PROHIBITING OUTDOOR ADVERTISING ALONG CERTAIN HIGHWAYS (CONTINUED) After further discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to place a moratorium of ,60 days for issuance of signs on Eastwood Road requesting' th'e Planning Department to perform an appropriate study and present recommendations to the Board prior to February 1, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the moratorium order is contained in Exhibit Book XIII, Page 43. PUBLIC HEARING TO CONSI'DER 'REZONING PROPERTY' 'LOCATED ON THE SOUTH SIDE OF EASTWOOD ROAD, APPROXIMATELY 400 FEET WEST OF CHARTER DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL ' Planning Director Hayes gave background information on the rezoning request stating the Plafining Board and Planning S~aff recommended approval. He suggested approval of the rezoning request if no one present wished to speak in opposition. Chairman Barfield asked if anyone present wish to speak in opposition to the rezoning request. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to approve the request rezoning property located on the souths ide of Eastwood Road, 400 feet west of Charter Drive to B-2 Highway Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance' is contained in Zoni-ng :I?ook -rt, Section 9B" Page 58. PUBLIC HEARING TO CONSIDER REZONING A PORTION OF PROPERTY REQUESTED FOR REZONING ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE IMMEDIATELY ADJACENT TO BREEZEWOOD ROAD TO R-15 RESIDENTIAL FROM B-1 BUSINESS Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval. He suggested approval of the rezoningUrequest if no one present wished to speak in opposition. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. 'No one commented. Vice-Chairman Retchin 'MOVED;.- 'SECONDED by Commissioner O'Neal to approve the request rezoning_property located on the northside of Wrightsville Avenue, adjacent to Breezewood Drive -to R-15 Residential from B-1 Business. Upon vote, the MOTION CARRIED UNANIMOUSL Y '. A copy of the ordinance is Section 9B, Page 59. contained in Zon.ing Book I, , ' PUBLIC HEARING TO CONSIDER REZONING'PROPERTY LOCATED O~ THE WEST SIDE OF N. C. HIGHWAY 132, APPROXIMATELY 300 FEET NORTH OF MURRAYVILLE ROAD TO'B-2 BUSINESS FROM R-IS RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval. He suggested approval of the rezoning request if no one present wished to speak in opposition: Chairman Barfield asked if anyone 'pres'ent wished to speak in opposition to the rezoning request. No one commented. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to approve the request to rezone property located on the west side of N. C. 132, approximately 300 feet north of Murraysville Road to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. r6 " MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON WEST SIDE OF N. C. HIGHWAY 132 AND NORTH OF MURRAYVILLE ROAD (CONTINUED) A copy of the ordinance is contained in Zoning Book I, Section 8B, Page i2. BREAK Chairman Barfield recessed the meeting for a break from 8: 27 o'clock P.~. to 8:37 o'clock P.M. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A PRIVATE MEMBERSHIP RECREATIONAL SPORT CLUB ON THE EAST 'SIOE OF MILITARY CUT-OF.F, JUST, SOUTH OF'OLD,MACUMBER STATION ROAD Planning Director Hayes and Planner Avery presented' slides and gave background information on the request for issuance of a Special Use Permit to locate a private sports and recreation club. Chairman Barfield asked anyone present wishing to give testimony in favor of or in opposition to the request to step forward to be sworn in by the Clerk. The following person was sworn in: , I Mr. Harry Oakes III Chairman Barfield asked if anyone present wished to speak in favor of issuing the Special USe Pe~mit. The following person commented: Mr. Harry Oakes III, representing the owner, 'Mr. Bruce Cameron, gave background information on the private sports and recreation club requesting approval of the request. Planning Director Hayes asked Mr. Oakes if he agreed with the statement&,pies~nted by the Planning Department. Mr~ O~kes stated he conc~rred with the presenta~ion. Chairman Barfield. asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit accepting the plan by the petition~r and the findings of facts as presented by the Planning Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 12. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE TWO MOBILE HOMES ON PROPERTY LOCATED ON THE NORTHSIDE OF CANADY ROAD, APPROXIMATELY 100 FEET EAST OF THE' ROAD'S TERMINUS Planning Director Hayes and Planner Avery presented slides and background information on the issuance of the Special' Use Permit. Planning Director Hayes stated access is via a private driveway to Canady Road. Chairman Barfield asked testimony to step forward to following persons were sworn in: anyone present wishing to be sworn in by the Clerk. give The Ms. Randolyn Anderson Ms. Silvey P. Robinson Ms. Helen Laycock Ms. Elizabeth Irving 7. ... MINUTES OF REGULAR MEETING, DECEMBER 2 ~ 1985. (CONTINUED) PUBLIC HEARING, TO CONSI.DER ISSUANCE OF A ,SPECTAL USE- ,PERMIT FOR LOCATION 'OF 'TWO MOBILE 'HOMES ON NORTHSIDE OF CANADY ROAD (CONTINUED) I Cha:irman Barfield asked if anyone present wished to speak in favor' of the ,issuance of the Special Use Permi t. The following person commented: Ms. Elizabeth Irving, the petitioner, stated she would like to place two mobile homes on her property for ~ental purposes. She stated she and her husband were retired and needed the rentals to supplement their income. Commissioner O'Shields asked if she was aware that a doublewide mobile home "was allowed in R-20 zoning w.ithout issuance of a Special Use-Permit. She stated she was not aware of this fact. Planning Director Hayes asked if she concurred with the facts presented by the Planning Department. She stated she concurred with the statements presented by the Planning Department. Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented expressing concern for injuring the value of adjoining o~ abutting property and opening the door for location of more mobile homes'. in' thfs residential area: I ' . , Ms. Silvery Robinson Ms. 'Randolyn Anderson .' Ms. Helen Laycock ,\ . I Nfter dis'cussion, "Commissio'ner Dolan MOVED, SECONDED by Vice-Chairman Retchinto deny issuance of the Special Use Permit based on the request not satisfying general requirements three and four. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of 'the Special Use permi t ref lec:::ting the denial is contained irr SUP Book I, Page 13. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE TWO DUPLEXES ON 1.66 ACRES ON THE NORTHSIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 400 FEET SOUTHEAST OF STONEYBROOK ROAD Planning Director Hayes and Planner Avery presented slides and gave background information on the request for issuance bf the Special Use Permit to locate two duplexes. Chairman Barfield asked anyone present wishing to give testimony in favor of'or in 'opposition to the issuance of the Special Use Permit to step forward to be sworn in by the Clerk. The following persons were sworn in: , . toO Mr. Steve Kobusch Mr. Paul Bedo Ms. Pam Payton Parr 'Mr. Charlie Jones' Mr. James Boynton Mr. Carol Johnson I Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special-Use Permit. The following persons commented: Mr. Steve Kobusch, the petitioner, gave background on the quali ty of the duplexes he planned to' construct stating he felt they wou~d blend nicely with surrounding homes in the area. Mr. Carol Johnson, the property owner, stated he felt the quality of the duplexes would not injure the value of property. Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The 78 MINUTES OF REGULAR MEETING, DEC$MBER 2, 1985 (CONTINUED) PUBLIC ,HEARING'TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PLACEMENT OF DUPLE~ES ON NORTHSIDE OF MIDDLE SOUND LOOP ROAD (CONTINUED) following persons commented expressing, concern for devalua.tion of their prpperty- by opening the door .to multi-family ,dw.ellings, in a single-family neighborhood, and the traffic hazaro.that, will be created on the access road: , '" , Mr. Carl Bedo. Mr. Charlie Jones Ms. Pam Payton Parr Mr. James Boynton , t - 1 . . \" . ". After. lengthy discussion ~f the ~ight of easement,on the access road and establishm~nt of multi-family dwellings in this residential area, Commissioner Dolan MOVED, SECONDED by Vice- Chairman~Retch~n to deny the issuance of the Special Use Permit based on not. fulfilling General Requirement #3 and General Requirement #4. Upon vote, the MOT~ON CARRIED UNANIMOUSLY., , ' . A copy of the Special Use Permit reflecting the denial of the request is coptained in SUP Book I, Page 14. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO USE NEWLY CONSTRUCTED BOAT SLIPS EAST OF AIRLIE ROAD ADJACENT TO THE BRIDGE TENDER RESTAURANT FOR COMMERCIAL PURPOSES (SLIP RENTAL AND GASOLINE SALES) Planning Director Hayes and Planner Avery presented slides and gave background information on the issuance of the Special Use Permit stating this is an existing facility adjoining the Bridge Tender Restaurant and the request is being made in order to' provide slip renta.ls and gasoline sales. I P.lanni,ng Directpr Hayes. stated a total of 90 parking. s!,>aces are pro.vided-, ;sixty for, the restaurant and thirty for the marina facility. Chairman, Baz:field asked anyone present wishing to testimony to step forward to be sworn in by the "_Clerk. following persons were sworn in: give The Mr. Henry Johnston Mr. Johnnie.;C o' .BCliker Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: .. f , - Mr. Johnnie ~.~Baker, .the petitioner, stated the purpose for the request .was .t;o accommodate patrons using the existing facility by selling gasoline and providing-rental slips. Planning Director Hayes asked if he concurred with the statements presented by the Planning Department. He stated he concurred with the presentation by the Planning Director. Commissioner Dolan commented on adequate parking lots expressing concern for patrons parking along the sides of Airlie Road. Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. . The following person commented: Mr. Henry:Johnston, Vice-President of the Airlie Road Association, expressed concern for the number of parking lots, and the number 9f employees hired .by-the Bridge Tender Restaurant. He stressed the importance of adequate parking spaces before approval of the request. , . Commissioner O'Shields commented on the property located behind the bulkhead between the restaurant and Airlie Road asking if this land was available for parking. 7~ MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 (CONTINUED) PUBLIC HEARING. TO CONSIDER A: SPECIA'L USE, 'PERMIT TO USE NEWLY CONSTRUCTED BOAT SLIPS ADJACENT TO THE BRIDGE TENDER RESTAURANT FOR COMMERCIAL PURPOSES I Mr. Baker 'commented, for the record, there was no, state easement on Airlie Road stating he discouraged parking on either side of Airlie Road. He stated he had an adequate parking lot across the road from the Birdge Tender Restaurant. Vice-Chairman Retchin asked if additional parking could be provided in the parking lot across the street. Mr. Baker stated this could be done. . ~. \ Commissioner Dolan commented on the traffic hazard already created by the restaurant and MOVED to issue the Special Use Permit ,with ,.the, ~condition .that 119.. parking spaces would be provided for the restaurant and boat facility. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. I After,a .lengthy discussion of the parking availability, Vice-Chairman .Retchin MOVED, SECONDED by Commissioner O'Shields to issue the Special Use Permit for commercial purposes with the condition that the petitioner obtain a letter from the Chief Building Inspector.verifying the required-parking needs with the with the .following, findings of facts that, (1) the use will .not materially endanger 'the, public health or safety located where proposed;, (2) the use does meet the required conditions and specifications; ('3) ther u'se wil1-no't subs,t'antial1y. injure the value of the adjoining or abutting property; and (4) the location and character of the use if developed according.to the plan as submitted and approved will be in harmony with the area in which it is located and is in general conformity with the. plan of development for New Hanover County. Upon the vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields , " Vice-Chairman Retchin Chairman Barfield Voting Noe: Commissioner Dolan Commissioner O'Neal , . A copy of the Specia~ Use Permit is contained in'SUP Book I, Page 15. PUBLIC HEARING TO CONSIDER A'SPEC~AL USE PERMIT TO CONSTRUCT THREE .DUPLEXES ON THE' EAST SIDE OF; .MIDDLE SOUND LOOP ROAD APPROXIMATELY 800 FEET SOUTH OF BAILEY AVENUE Planning Director Hayes and Planner Avery 'presented slides and gave background information on the request for issuance of a Special Use Permit to construct three duplexes, on the east side of Middle Sound Loop .Road 800 feet south' of Bailey Avenue. Planning Director Hayes stated the application had been submitted to the County Health Department for septic tank suitability and as of this. .date the land is suitable but. there is' a possibility of installation of l'i~ftstations and )setbacks which wou-:l'd ha:ve some impact on the design. I Chairman Barfield asked anyone' present wishing to:give testimony to step forward to be sworn in by the Clerk.,' The following persons were sworn in: Mr. Clyde W. Harrelson ,II Mr. Esso Clemmons Mr. Stuart Edgerton 80 MINUTES OF REGULAR ,MEETING, DECEMBER 2, 1985. (CONTINUED) PUBLIC HEARING TO. CONSIDER A SPECIAL USE PERMIT TO CONSTRUCT THREE . DUPLEXES. ON THE EAST SIDE OF. MIDDLE SOUND LOOP .ROAD (CONTINUED) Chairman.Barfield asked if 'anyone present wished to speak in favor of the issuance of the Speci~al Use f Permit. The following person commented "" t . , , Mr. Clyde Harrelson II, the petitioner, stated the duplexes would be 1,000 square feet with 2 bedrooms and 2 baths. He commented on the-access road stating he had solely maintained this road for 25 years. He requested approval of the Special Nse Permit stating he felt the units would be in harmony with the area. Chairman Barfield asked Mr. Harrelson if he concurred with the statements presented by the Planning Director. He stated he concurred. Chairman Barfield asked if anyone present wished to- speak in opposi tion to the issuance of .the. Special Use permi t. The following peFson commented: Mr. Stuart Edgerton, represent~ng Esso and Bea Clemmons, adjacent landowners, expressed concern for the narrow access road not meeting DOT right-of-way requirements and the traffic that would be generated by the construction of the duplexes. He requested denial of the issuance of the Special Use Permit. Commissioner O'Neal stated he had visited the property commenting on the narrow access route and the amount of run-off from the roofs. <, After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to deny issuance of the Special Use Permit based upon the conclusion that the 'proposed use does not satisfy the fourth general requirement; namely that the location and character of the use if develop~d according to the plan as submitted and approved will be in harmony with the area. Upon vote, the MOTION CARRIED. 'UNANIMOUSLY. A copy of the Special Use Permit reflecting the denial of the request is contained in SUP Book I, Page 16. ADOPTION OF RESOLUTIONS APPROVING THE INTEREST RATE FOR THE $17,200,000 REFUNDING BONDS AND $6,000,000 SCHOOL BONDS County Attorney Pope requested adoption ,of a resolution'for the interest rate for the $17;200,~00' ~h~ch 'has been amended to $17,400,00'0. with approval of the official statement dated November 8, 1985, and approval of an escrow deposit agreement between New Hanover County and First Citizens Bank and Trust Company for the .bank to' act as the escrow agent. Commissioner O'Shields MOVED~ SECONDED by Vice-Chairman Retchin ,to adopt the resolution 'as presented by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney Pope requested adoption of a resolution for the interest rate on the school bonds with approval of the official statement dated November 8, 1985.' Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to adopt the resolution for the school bonds as presented by the County Attorney. County Attorney Pope requested adoption of a resolution authorizing First Citizens Bank and Trust Company to give notice of the redemption of the solid waste disposal bonds. 8 MINUTES OF REGULAR MEETING, DECEMBER 2, 1985 .( CONTINUED) ADOPTION OF RESOLUTIONS AND AGREEMENTS ON, MATTERS REGARDING THE $17,200,000 REFUNDING BONDS AND $6,000,000 SCHOOL BONDS '\ (CONTINUED) I Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt -the resoluti"on as' presented by the County Attorney. Upon~ vote ,'r the. MOTION CARRIED UNANIMOUSLY. "J County Attorney Pope requested adoption of a resolution for $7,000-,00,0 'public improvement bonds for maturing after April 1, 1995 authorizing First :'Citizens Bank' ,& Trust Company as' escrow agent to give notice of redemption. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt the' resolution as presented by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolution are contained in Exhibit Book XIII, Page 44. ADDITIONAL ITEMS COUNTY COMMISSIONERS ASSIGNMENT OF HOUSE NUMBERS ON ALLEN"S LANE Chairman Barfield stated he had received additional data on the request by the Planning Department to assign house numbers on Allen's Lane.. I Chairman Barfield MOVED, SECONDED by Commissioner; O'Shiel'ds to approve an order assigning these house numbers as recommended by the, Planning Department. Upon vote, the MOTION C~RRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XIII;' Page 44,. I' ",' ;, '. - I r '- II DISCUSSION OF STATUS ON BACKGROUND INFORMATION AND FINGERPRINTING OF COUNTY EMPLOYEES ' " Commissioner Dolan asked the County Attorney about the status of background information on personnel applications, fingerprinting and security checks of County employees. County Manager Cooper stated FAA had directed that all employees hired by Airports after November 1 must undergo a security check and that the County would comply to this new ruling. APPOINTMENT OF FRANKLIN PRITCHETT AND NANCE LONGWORTH TO THE SOUTHEASTERN MENTAL HEALTH RETARDATION AND SUBSTANCE ABUSE AREA BOARD Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Z. Franklin Pritchett to serve an unexpired term on the Mental Health Board expiring February 7, 1987. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner O'Shields Commissioner Dolan Vice-Chairman Retchin Chairman Barfield Abstaining: Commissioner O'Neal After further discussion, Chairman Barfield MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Nance E. Longworth to serve an unexpired term on the Mental Health Board expiring June 15, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. 32 MINUTES OF RE~U~R'.MEETI;NG;, ;'DEGEMBER: 2,';:1'985~ ;('CONTINUED-)1:: " ADDITIONAL .ITEMS ...... aOUNTY MANAGER,,' ! I , ' t .',' DISCUSSION OF FOREST SERVICE PROGRAM Assistant County Manager Gornto stated the Office of State Personnel had denied the Division of Forest Resources' request for a County Forester, to head up New Hanover County's Program. They recommended the posi tion .of ,County Ranger instead of: County Forester. r ..1,.' After discussion, comply to the State's position. . l . .:1 ' it was the: consensus of the Board to request of creating a County Ranger EXECUTIVE SESSION County Attorney Pope requested.an Executive Session to discuss an attorney-client relationship pertaining to a matter of litigation. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to convene to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield convened 'the meeting to Executive 'Session at ll~ll o'clock P.M. Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield reconvened the meeting to Regular Session at 11:26 o'clock P.M. , . r ADJOURNMENT ); Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. ... 'i Chairman Barfield adjourned the meeting at llr27 o'clock P.M. Respectfully submitted, nQ~~.ify~ ~:~ F. Harrell' Clerk " ' j . ,'" :' J I . _ r , .