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1986-05-05 Regular Meeting 190 MINUTES OF REGULAR MEETINGu MAY 5, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 5, 1986, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners John Dolan~ Nolan O'Neal ~ Claud 0' Shields, Jr. ~ Vice-Cha irman Fred Retchin ~ Chairman Jonathan Barfield, Sr.~ County Manager, G. Felix Cooper; County Attorney, Robert W. Pope~ and Clerk to the Board, Lucie F. Harrell. Reverend Robert Rudd, Pastor of Sunset Park United Methodist Church, gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin asked to be excused from voting on the minutes of April 21, 1986, since he was not present. It was the consensus of the Board to excuse Vice-Chairman Retchin from voting on approval of the minutes. Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to approve the minutes of the Regular Meeting of April 21, 1986, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Commissioner O'Shields Chairman Barfield Excused: Vice-Chairman Retchin NON-AGENDA ITEMS Chairman Barfield asked if anyone from the general public wished to speak on any item not listed on the Regular Agenda or any items listed on the Consent Agenda. The following persons commented: Discussion of Impact Fees Mr. Leonard H. Long, Chief of Wrightsboro Volunteer Fire Department, appeared before the Commissioners requesting disbursement of the impact fees paid by NorthChase to New Hanover County in the amount of $4,868.80. He stated the Wrightsboro Volunteer Fire Department was in need of the funds since they were responsible for providing fire protection to NorthChase which was already under construction. He also requested immediate conveyance of any funds collected in the future from the impact fees. Commissioner O'Shields expressed concern for no established guidelines for disbursement of impact fees requesting the Planning Department to prepare some procedures. A lengthy discussion was held on collection and disbursement of impact fees. Commissioner Retchin stated impact fees should certainly be considered in the overall budgets for the Fire Service District when budget recommendations are presented to the County Commissioners by the Board of Fire Commissioners. Planning Director Hayes stated he felt the Board of Fire Commissioners should establish guidelines procedures. After a lengthy discussion, it was the consensus of the Board to request the County Staff to prepare guidelines for disbursement of impact fees to be placed on the agenda for May 19, 1986. 19: MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA Commissioner O'Shields requested removal of Item #1 from the Consent Agenda for discussion at the end of the meeting. Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. I CONSENT AGENDA Approval of Budget Amendment #2 Requested by the Board of Education The Commissioners approved the Board of Education's Budget Amendment #2 to increase the total appropriation by $8,557 for a new vocational state grant, "Sex Equity". A copy of the Budget Amendment is contained in Exhibit Book XIV, Page 22. Adoption of Resolution for the Acceptance of Offer of Dedication of Central Avenue in Hanby Beach for Public Beach Access The Commissioners adopted a resolution accepting the offers of dedication of Centr~l Avenue at Hanby Beach for public beach access. A copy of the resolution is contained in Exhibit Book XIV, Page 23. I Budget Amendment Approved by Budget Officer - Aging The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the record: 86-00000211 Aging Debit Credit Senior Center Miscellaneous Revenue Capital Outlay - Equipment $300 50 Senior Center Departmental Supplies $300 Nutrition = Congregate Capital Outlay - Equipment 50 Transfer of funds needed to purchase supplies. Approval of Budget Amendment Correction for Entry Into the Record 86-00000203 Airport Debit Credit I Airfield Lighting Vault Engineering $3,500 East Ramp Access Road Engineering $3,500 To correct error on Original Budget Amendment Approved by Commissioners on 4/7/86. Corrects account number. 192 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment Request - Northern & Eastern Schools The Commissioners approved the following Budget Amendment to increase budget for bill received from the Board of Education: 86-00000217 Northern & Eastern Schools Debit Credit Northern School Project Interest on Investments $7,319 Eastern School Project Miscellaneous Electrical $4,451 2,868 Approval of Budget Amendment Request - Middle School The Commissioners approved the following Budget Amendment to cover bills received from the Board of Education: 86-00000218 Middle School Contingencies Debit $6,628 Credit Miscellaneous Land Costs $4,628 2,000 Adoption of Bid Resolutions - Landfil.l Compactor and Crawler Tractor The Commissioners adopted resolutions awarding the low bids to Gregory Poole Equipment Company in the amount of $103,515 for a Landfill Compactor and to E. F. Craven, Inc. in the amount of $115,912 for one Crawler Tractor for use in the landfill operation. The Chairman was authorized to execute the contracts. Copies of the resolutions are contained in Exhibit Book XIV, Page 23. Reclassification of Two Positions to Light Equipment Operators - Airport The Commissioners approved reclassification of the following two positions to Light Equipment Operators, Salary Range 58 - $11,856, at the Airport: Maintenance Mechanic I Maintenance Supervisor Range 60 Range 66 $12,293 16,494 DISCUSSION OF 2% ROOM TAX WITH MEMBERS OF THE KURE BEACH TOWN COMMISSIONERS Mr. J. Tommy Causby, Mayor of Kure Beach, appeared before the Commissioners to discuss the formula used for distribution of the 2 % Room Tax. He introduced Mr. Ed Jones, a Kure Beach Commissioner, to address the issues of concern. Mr. Jones gave background information on the inception of the Room Tax through December, 1985, stating Kure Beach had contributed a total of $78,162 to the County coffers. He stated in return Kure Beach had received $990.50 for its contribution of $8,000 (20% of the room tax) and $36,000 for jetty repair in 1984, representing a contribution of $70,000 (80% of room tax) for beach renourishment. He expressed concern for the distribution formula of the room tax and for comments by the New Hanover County Tourism and Visitors Bureau that Kure Beach had not contributed a fair share. He requested some change in the distribution formula that would provide a more equal share to Kure Beach. 19; MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) DISCUSSION OF 2% ROOM TAX WITH MEMBERS OF KURE BEACH COMMISSIONERS Commissioner O'Shields commented on the fact that the 2% room tax was not paid by the people of Kure Beach but by individuals visiting the beach. He stated the purpose of the room tax bill was to pay for tourism promotion and beach renourishment from non-tax funds. I A lengthy discussion was held on the state's population distribution formula instead of percentage distribution. Commissioner O'Shields stated he served on the Tourism and Visitors Bureau stating he apologized for any comments by the Bureau. He suggested that the Kure Beach representative to the Visitors and Tourism Bureau attend the meetings held on the third Wednesday of each month in the Cooperative Savings and Loan Building to present Kure Beach's complaints and proposal. Mr. Jones commented on the immediate need for jetty repair in the amount of $35,000. He requested the County to release these funds from the 2% room tax balance. County Manager Cooper stated money was available in the room tax fund balance to dispense the $35,000, but that the Port, Waterway and Beach Commission had been appointed to decide on beach communi ty needs with recommendations to the County Commissioners for final approval. He also stated Kure Beach had a representative on this commission and should approach the commission for consideration of their immediate funding request. I After a lengthy discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to authorize distribution of $35,000 from the beach renourishment funds to the Town of Kure Beach subject to recommendation of the Port, Beach and Waterway Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Barfield recessed the meeting for a break from 8:24 o'clock P.M. to 8:31 o'clock P.M. 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, May 5, 1986, at 7:00 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A DOG KENNEL ON THE NORTH SIDE OF MURRAYVILLE ROAD, 600 FEET EAST OF CLEWIS AVENUE Vice-Chairman Retchin asked to be excused from participating or voting on the issuance of the Special Use Permit due to a conflict of interest since he and his brother were owners of property in the area. Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to excuse Vice-Chairman Retchin from participating or voting on the Special Use Permit request. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Planning Director Hayes and Planner Avery presented slides and gave background information on the issuance of the Special Use Permit stating the proposed plan did comply to regulations set by the American Kennel Association. Chairman Barfield asked anyone present wishing to give testimony on the Special Use Permit request to step forward to be sworn in by the Clerk. The following persons were sworn in: 194 MINUTES OF REGULAR MEETINGr MAY Sr 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR LOCATION OF DOG KENNEL (CONTINUED) Ms. Patricia Ann Batson Ms. Rebecca Harkey Mr. William Grathwol Mr. Daniel Retchin Mr. Richard Hobbs Mr. Harold Wright Mr. Anna Wright Mr. Dewey Wright Chairman Barfield asked if anyone present wished to speak in favor of the request. The following persons commented: Mr. Webb Trask, Attorney representing the petitioner, Ms. Patricia Ann Batson, gave background information on the type of kennel to be constructed stating the kennel would be enclosed with a 50 foot buffer around the property. Attorney Trask asked Ms. Batson, the petitioner, to step forward to answer questions to establish the findings of fact to meet the four general requirements as required by the Zoning Ordinance. He asked Ms. Batson to give an explanation of the proposed kennel and residency she planned to construct. Ms. Batson stated the proposed kennel would be completely enclosed to alleviate noise to adjoining property owners and would have an eight foot fence behind the kennel to avoid dogs running free. She stated the wastes would be piped from the kennel directly to septic tank in order to comply with safety and health standards. She requested permission for waiver of the County's requirement of 20 animals to 5.41 acres since the facility will be completely enclosed. Attorney Trask asked if she felt the proposed kennel would materially endanger the public health or safety if located on the proposed site. Ms. Batson stated it would not endanger public health or safety. Attorney Trask asked if she felt the proposed kennel met all conditions and specifications required by the County Zoning Ordinance. Ms. Batson stated it did meet all requirements. Attorney Trask asked if the proposed use value of adjoining or abutting property. Ms. did not feel it would. would in jure the Batson stated she Attorney Trask asked if the proposed use would be in harmony with the area in which the kennel is to be located. She stated it would be in harmony with the general area and she would meet all requirements of the Health Department. Mr. William Grathwol, was called by Attorney Trask for testimony. He asked Mr. Garthwhol, an adjoining property owner, if he planned to develop his property. Mr. Garthwhol stated he planned to develop his five-acre tract with single family dwellings and he did not feel location of the kennel would injure or devalue his property. Attorney Trask asked Ms. Rebecca Harkey to step forward to testify. He asked Ms. Harkey if she was constructing a residental dwelling across the road from the site in question. Ms. Harkey stated she was building a residential home and was not opposed to issuance of the permit for construction of the dog kennel. 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 the noise factor and devaluation of surrounding property: ~ 19 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR LOCATION OF DOG KENNEL (CONTINUED) Mr. Daniel Retchin expressed concern that the County Zoning Ordinance would allow location of a kennel in a residential area by issuance of a Special Use Permit. He requested denial of the request stating construction of this facility would endanger public health and safety and would materially injure surrounding property owners. I Mr. Harold Wright, an adjacent property owner, expressed concern for the noise factor with 20 or more dogs being contained in the facility. Mr. Richard Hobbs, an adjacent property owner, expressed concern for the noise level stating he worked on shifts and had to rest during the day. Mr. Anna Wright, an adjacent property owner, expressed concern for wastes and odor created by construction of the facility. A lengthy discussion was held on relocation of the kennel from the western portion of the property to the northeasten corner. Chairman Barfield expressed concern for nuisance and noise to surrounding property owners. After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit for location of the kennel subject to the following conditions accepting the findings of facts as presented by the petitioner meeting the four general requirements: I I. Compliance with all other Federal, State and Local Laws. 2. The kennel facility and all runs be totally enclosed. 3. No more than 24 dogs be allowed for boarding at any given time. 4. The facility is be located in the northeast corner of the site, at least 100 feet from the side and rear lot lines. 5. Murraysville Road must be extended along the frontage of the subject property. 6. Petitioner must obtain all necessary Health Department Permits. 7. Area around kennel be fenced, preferably chain link. 8. Fifty (50) foot natural buffer be maintained around the entire site. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Commissioner O'Shields Excused: Vice-Chairman Retchin I Voting Noe: Chairman Barfield A copy of the Special Use Permit is contained in SUP Book I, Page 20. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME SOUTH OF CHAIR ROAD ON AN UNNAMED EASEMENT Planning Director Hayes gave background information on the issuance of the Special Use Permit stating the request met the four general requirements. He stated four special use permits had been granted for location of mobile homes in this area since 1984. 196 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING FOR ISSUANCE OF SPECIAL USE PERMIT TO LOCATE MOBILE HOME ON CHAIR ROAD (CONTINUED) Chairman Barfield asked anyone present who wished to give testimony to step forward to be sworn in by the Clerk. The following persons were sworn in: Mr. Jeffrey Lee Mr. William Rivenbark Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following persons commented: Mr. Jeffrey Lee, the petitioner, stated the mobile home would be his primary resident and he would follow all guidelines of the Zoning Ordinance. Planning Director Hayes asked Mr. Lee if he agreed with the findings of fact presented by the Planning Staff. Mr. Lee stated he concurred. Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following person commented: Mr. William Rivenbark, owner of Lot #7, requested placement of a culvert at the access point to property in order to avoid water from backing up along the roadside ditch. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit accepting the plan submitted by the petitioner and findings of facts as presented by the Planning Staff with the following conditions: 1. Compliance with all Federal, State, and Local laws. 2. Installation of a culvert at the point of access to the property from the easement road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 20. PUBLIC HEARING TO CONSIDER ISSUANCE A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE EASE SIDE OF OLD AVENUE, 600 FEET SOUTH OF PARMELE 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 mobile home on Parmele Road stating the four general requirements had been met. 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. Chancey Young Mr. R. L. Simmons Mr. Anthony Waller Mr. Ramsom Young Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Mr. Chancey Young, the petitioner, stated he planned to use the mobile home as his residence. 19' MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR LOCATION OF A MOBILE HOME ON PARMELE ROAD (CONTINUED) Planning Director Hayes asked Mr. Young if he agreed with the findings of fact as presented by the Planning Staff. Mr. Young stated he concurred. I Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented: Mr. R. L. Simmons, an adjacent property owner, expressed concern for maintenance of mobile homes in this area stating they were not well maintained. Mr. Anthony Waller commented on the issuance of Special Use Permits for location of mobile homes on Parmar Ie Road stating the County Commissioners should be aware of the quality and value of many homes on this road taking into consideration the possible devaluation of this property by permitting too many mobile homes to locate on the road. After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit accepting the plan submitted by the petitioner and 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 20. I PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 10,000 SQUARE FEET AT THE SOUTHEAST CORNER OF OLEANDER DRIVE AND PEIFFER AVENUE TO B-2 BUSINESS FROM R-1S RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously approved the request. He suggested approval of the request 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. Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve rezoning approximately 10,000 square feet at the southeast corner of Oleander Drive and Peiffer Avenue to B-2 Business from R-15 Residential. 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. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971," is contained in Zoning Book I, Section 6, Page 29. I PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE PROPERTY LOCTAED AT THE NORTHEAST CORNER OF BRADLEY AND OLEANDER DRIVE TO B-2 BUSINESS FROM R-1S RESIDENTIAL Planning Director Hayes gave background information on the appeal stating the Planning Board denied the request based upon the fact that rezoning the site would encourage the encroachment of non-residential uses into a residential neighborhood as well as encourage incompatible commercial traffic along a local street. Mr. Lonnie Williams, Jr., Attorney representing the petitioner, K.L.R. Development Company, stressed the highest and best use of the property stating this property was not suitable for residential development. He requested approval of the rezoning request. 198 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD FOR REZONING BRADLEY AND OLEANDER DRIVE (CONTINUED) Mr. Ronald McWatty, owner of the property, commented on the use of the property stating he could not sell the property unless it was rezoned commercially. Commissioner O'Shie1ds asked the County Attorney if the requested B-2 Zoning as advertised for the appeal could be reduced to B-1 or 0 & I without re-advertising. The County Attorney stated the request would have to be re-advertised and the matter could be either tabled or denied. If the rezoning was denied, a period of six months would have to transpire before the request for reduced rezoning could be brought to the Planning Board. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. The following person commented: Mr. Mike Mills, an Attorney representing Bradl~y H~lls Subdivision, commented on the residenta1 area stating a change in zoning would encourage encroachment of non-residential uses in a residential neighborhood. He requested denial of the rezoning. After a SECONDED by request. lengthy discussion, Commissioner Dolan Commissioner for denial of O'Neal MOVED, the rezoning Commissioner O'Shields recommended giving the petitioner an opportunity to withdraw the petition. Chairman Barfield called for a vote on the MOTION by Commissioner O'Neal to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE PROPERTY ON THE SOUTHSIDE OF GORDON ROAD, APPROXIMATELY 1,400 FEET WEST OF MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating Gordon Road serves as a collector road for residential development and also serves as a major link between 1-40 and Market Street. He stated the Planning Board denied the request stating commercial activities should be confined to the Market Street area or close to 1-40 to avoid strip development and commercial encroachment into residential areas. Chairman Barfield asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Ms. Jessie Bethea, the petitioner, stating he could not sell his property residential zoning. requested under the rezoning current Mr. Robert Austin, a property owner, commented on the rapid growth of New Hanover County stating not all residential, semi- rural areas could remain residential, and that unfortunately, with 1-40 Gordon Road property was not selling under residential zoning. He expressed concern for he and Mr. Bethea not being able to sell their land. Mr. L. E. McKinnon commented on his inability to sell his property urging approval of the rezoning request. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. The following persons commented: 19! MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE PROPERTY ON SOUTHSIDE OF GORDON ROAD (CONTINUED) I Mr. Oliver Godwin, a resident on the east end of Gordon Road, presented a petition signed by fourteen property owners and residents of Gordon Road, requesting denial of the rezoning to preserve the residential dwellings located on this road. Ms. Sue Batson, a resident of Gordon Road commented on the existing traffic requesting denial of the rezoning. After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Barfield recessed the meeting for a break from 10:55 o'clock P.M. to 10:58 o'clock P.M. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL OF REQUEST SPECIFYING RESPONSIBILITY FOR CONSTRUCTION nSTUB-STREETSn IN DEVELOPMENTS WITH PRVIATE OR PUBLIC ROADS Planning Director Hayes commented on the issue of requiring paving of stub-streets in private subdivisidns. I Commissioner O'Shields commented on the current requirement of having to grade stub-streets in private subdivisions. He recommended leaving stub-streets in private subdivisons in a natural form since they can not be used as public streets. He stated, if in the future, the homeowners decide they want to become a public subdivision with public s.treets, then the Homeowner's Association would be required to grade and pave the stub-streets to comply with state standards. He requested approval of an amendment to the Homeowner's Association Article for Private Subdivisions, which would require grading and paving of stub-streets at the time the streets are to become public. A lenghty discussion was held on maintaining control and record of stub-streets if they are not at least graded. After further discussion, Commissioner O'Shields MOVED to approve the proposed Text Amendment for Subdivisions dealing with private streets that will allow stub-streets not to be graded and stoned but will require the Homeowner's Association to grade and pave stub-streets prior to becoming a public street. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Mr. Nathan Sanders, a developer, commented on private streets being owned by homeowners stating in all instances the homeowners must approve usage of private streets. After further discussion, SECONDED by Vice-Chairman Retchin until the June 2, 1986, meeting. UNANIMOUSLY. Commissioner O'Neal MOVED, to table this Public Hearing Upon vote, the MOTION CARRIED I PUBLIC HEARING TO CONSIDER ADOPTION OF BURGLAR ALARM ORDINANCE Discussion was held on the proposed Burglar Alarm Ordinance. Chairman Barfield asked if anyone from the general public wished to speak on the issue. No one commented. After a lengthy discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt the Burglar Alarm Ordinance with the following changes and the fee to be established by the County Manager: 200 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER ADOPTION OF BURGLAR ALARM ORDINANCE (CONTINUED) 1) Change of wording in Sec.6-147. Permit Required - Paragrpah (1) to read: Every alarm system installer company shall obtain a permit from the Finance Department prior to the installation of each alarm system operated by the subscriber. Thereafter, each permit shall be renewed annually by the subscriber at a charge prescribed in the fee schedule. 2) Sec. 6-147 Permit Required - Paragraph (3)- to read as follows: The County Commissioners shall establish reasonable charges to be assessed when the initial permit is issued to defray the costs associated with initial hook-up for each alarm tied in directly to the County monitoring equipment in the Sheriff's Department. 3) Delete Paragraph (1) in Section 6-150. 4) Change wording in Section 6-149. Miscellaneous Regulations Paragraph (2) to read as follows: Audible alarm signals in close proximity to a residential area shall have a device which automatically disconnects a signal not more than fifteen (15) minutes after its initiation, unless a longer period is required by an oustide regulatory body or an insurance company. 5) Sec. 6-150. - Paragraph (4) to read as follows: Installer shall make certain that all audible alarm signals in close proximity to residential areas shall have a device which will automatically disconnect signal not more than fifteen (15) minutes after activation, unless a longer period is required by an outside regulatory body or any insurance company. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Burglar Ordinance is on file in the Clerk's office for codification into the County Code. ADOPTION OF AMENDMENT TO COUNTY CODE - ADMINISTRATIVE PENALTY ON COUNTY CIVIL CITATIONS Upon the second reading, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to adopt an amendment to the Administrative Penalty on County Civil Citations. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is on file in the Clerk's office for codification in~o the County Code. ADOPTION OF AMENDMENTS TO CABLE TELEVISION FRANCHISE REGULATIONS- NEW HANOVER COUNTY CODE Upon the second reading, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to adopt amendments to the Cable Television Franchise Regulations. Upon vote, the MOTION CARRIED UNANIMOUSLY. / A copy of the Ordinance is on file in the Clerk's office for codificaiton into the County Code. 20 :;. MINUTES OF REGULAR MEETING, MAY 5, 198 6 (CONTINUED) ADOPTION OF AMENDMENTS TO COUNTY SEWER USE ORDINANCE AS REQUESTED BY THE CITY OF WILMINGTON Upon the second reading, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to adopt amendments to the County Sewer Use Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Sewer Use Ordinance is on file in the Clerk's office for codification into the County Code. DISCUSSION OF PINER ROAD SCHOOL SITE AND LAND SWAP OF ACREAGE OWNED BY STONE BUILDERS - BOARD OF EDUCATION Discussion was held on the land purchase in the amount of $140,000 for a new school site on Piner Road. Also, discussion was held on approving a land swap of 6.75 acres on the Hoggard High School campus owned by the Board of Education for like acreage owned by Stone Builders. Com~issioner O'Shields stated this land could be used for an extension of Hugh MacRae Park to provide an additional soccer or ball field. After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve the transfer of land between Stone Builders and the Board of Education and to approve the purchase of property on Piner Road as recommended by the Board of Education. Upon vote, the MOTION CARRIED UNANIMOUSLY. I ADOPTION OF RESOLUTION AWARDING LOW BID TO R. W. MOORE EQUIPMENT COMPANY FOR PURCHASE OF TIRE LOADER - ENGINEERING DEPARTMENT Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to adopt a resolution awarding the low bid in the amount of $70,553.26 to R. W. Moore Equipment Company for purchase of a Tire Loader with authorization for the Chairman to execute the contract. A copy of the resolution is on file in Exhibit Book XIV, Page 24. ADOPTION OF RESOLUTION AWARDING THE LOW BID TO ASHLEY AMBULANCE BUILDERS FOR PURCHASE OF AMBULANCE - EMERGENCY SERVICES Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to award the low bid to Ashley Ambulance Builders in the amount of $24,570 for purchase of one suburban type ambulance with authorization for the Chairman to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 24. I ADOPTION OF A RESOLUTION FOR PURCHASE OF FIVE IBM PERSONAL COMPUTERS - FINANCE DEPARTMENT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt a resolution for purchase of five (5) personal computers from the IBM Corporation in the amount of $16,814.70. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 24. ROCK HILL COMMUNITY CENTER REQUEST TABLED UNTIL FIRST MEETING IN JUNE It was the consensus of the Board to table the Rock Hill Community Center Request until the first meeting in June. 202 MINUTES OF REGULAR MEETING, MAY 5, 1986 (CONTINUED) ADOPTION OF RESOLUTION ENCOURAGING PIEDMONT AIRLINES TO RECONSIDER ITS DECISION TO REMOVE FLIGHT CREW BASE FROM WILMINGTON Commissioner Dolan MOVED, to adopt a resolution to be encouraging reconsideration of crew base from Wilmington. UNANIMOUSLY. SECONDED by Vice-Chairman Retchin forwarded to Piedmont Airlines their request to remove the flight Upon vote, the MOTION CARRIED r ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF CONTRIBUTION BY NEW HANOVER COUNTY FOR THE N. C. CITY AND COUNTY MANAGERS' CONFERENCE TO BE HELD AT WRIGHTSVILLE BEACH Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to authorize the County Manager to contribute funds at his discretion for the Conference of the North Carolina City and County Managers to be held at Wrightsville Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR COUNTY MANAGER TO WITHDRAW FUNDS - LETTER OF CREDIT THE CAPE AND LINKSIDER TOWNHOMES Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to authorize the County Manager to withdraw funds if infrastructure improvements for The Cape, Section 7 and Linksider Townhomes have not been completed before May 13, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the meeting at 11:31 o'clock r P.M. Respectfully submitted, ~if~ Lucie F. Harrell Clerk r