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1986-06-16 Regular Meeting 220 MINUTES OF REGULAR MEETING, JUNE 16, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 16, 1986, at 4:30 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; Nolan O!Neal; Claud O'Shields, Jr.; Vice-Chairman 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 J. Tal Madison, Associate Minister of Wesley Memorial United Methodist Church, gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of June 2, 1986, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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. No one commented. APPROVAL OF CONSENT AGENDA Vice-Chairman Retchin commented on Item #8, Resolution Accepting Offer to Purchase Surplus Property, stating he was pleased to see the amount for which the property was being sold was very close to the appraised value stating he hoped this trend would continue. Commissioner Dolan requested Item #13, Request for Approval of Adjusting Budget Amendments for Year End, be removed from. the Consent Agenda for discussion at the end of the meeting. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the following Consent Agenda items with deletion of Item #13. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Amendment to Beach Access Grant Agreement The Commissioners approved Amendment #1 to the Coastal and Estuarine Water Beach Access Contract between New Hanover County and the Department of Natural Resources and Community Development to provide an additional pedestrian public beach accessway. The funds in the amount of $3,050 for this project are available within the current grant application. Approval of Report of Collector of Revenue through May 31, 1986 The Commissioners approved copies of the Collector of Revenue Report through May 31, 1986. A copy of the report is contained in Exhibit Book XIV, Page 27. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds for approval as presented by the Tax Administrator. A copy of the list of tax abatements is contained in Exhibit Book XIV, Page 27. 22: MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Release of Tax Liens for EMS Billings The Commissioners approved release of tax liens totaling $2,899.06 that were incorrectly billed for Emergency Medical Services. -.-.'".. - - '~"'- ----. - -- -..-- I Adoption of Resolution Awarding Bid for IBM Personal Computers - MIS The Commissioners adopted a Resolution awarding the bid for five IBM Personal Computers to IBM Corporation, Wilmington, N. C. in the amount of $23,104.90, for Management Information Systems. A copy of the resolution is contained in Exhibit Book XIV, Page 27. Adoption of Resolution Awarding Bid for Automated Library Reference System - Library The Commissioners adopted a Resolution awarding the bid for Automated Library Reference System to the low bidder, Bodart Company of Williamsport, PA., in the amount of $31,200. 27. A copy of the resolution is contained in Exhibit Book XIV, Page Adoption of Resolution Authorizing Rental of Safe Deposit Box - Museum I The Commissioners adopted a Resolution authorizing the rental of a safe deposit box from Wachovia Bank and Trust Company for use by the New Hanover County Museum. ........- ,.--.- - ,*.. ~..----.... ~..- ~ . --..- -...... ......-..-- - . - . A copy of the resolution is contained in Exhibit Book XIV, Page 28. Adoption of Resolution Accepting Offer to Purchase Surplus Property The Commissioners adopted a resolution accepting an offer to purchase surplus property jointly owned by the City of Wilmington and New Hanover County. This property is located at 918 South 8th Street and represents ad valorem tax values as of 1983 totaling $2,230. 28. A copy of the resolution is contained in Exhibit Book XIV, Page Adoption of Resolution Awarding Bid for Scraper Pan to Gregory Poole Equipment Company - Landfill The Commissioners adopted a resolution awarding the low bid in the amount of $196,881 to Gregory Poole Equipment Company for a scraper pan for use at the landfill. A copy of the resolution is contained in Exhibit Book XIV, Page 28. I Adoption of Resolution Awarding Bid for Closed Circuit Television System - Sheriff's Department The Commissioners adop-ted a Reso"lutl6n awa'ia"ing" the' Tow' b"iCl ln the amount of $20,281 to Cape Fear Electric Company for installation of a closed circuit television system at the New Hanover County Sheriff's Department. A copy of the resolution is contained in Exhibit Book XIV, Page 28. 222 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Sheriff's Department The Commissioners approved the following Budget Amendment to reduce grant revenues to actual 85/86 expenditures for DWI Grant in the Sheriff's Department budget: 86-00000263 Sheriff Debit Credit DWI Testing (84-85) Salaries & Wages Social Security Retirement - Law Enforcement Medical Insurance Expense Printing Departmental Supplies Insurance & Bonds Capital Outlay - Equipment $7,010 1,514 1,273 324 7 349 500 26 Administration Highway Safety Grant $11,003 Approval of Budget Amendment - Sheriff's Department The Commissioners approved the followinq Budget Amendment to budget unexpended portion of 84/85 grant funds for FY 85/86 - grant..., period 10/01/84 through 09/30/85: 86-00000264 Sheriff Debit Credit Sheriff/Administration Highway Safety Grant $39,606 Sheriff/55 MPH (84/85) Salaries & Wages Social Security Retirement - Local Govt. Employee Retirement - Law Enforcement Medical Insurance Expense M & R - Auto & Trucks Printing Departmental Supplies Auto Supplies Insurance & Bonds $27,350 1,930 307 1,782 265 2,649 2,999 997 1,212 115 Entry Into the Record of Previously Approved Budget Amendments The following Budget Amendments were approved by the Budget Officer for entry into the record: 86-0000255 Print Shop Print Shop Charges (Revenue) Departmental Supplies Debit $2,500 Credit $2,500 Transfer needed to cover cost of departmental supplies. 86-00000257 Agriculture Extension Debit Credit Contingencies $25,000 Contribution to Outside Agency $25,000 This Budget Amendment was approved at the June 3, 1986, Board of Commissioners Meeting and is being reported for entry. It represents a Challenge Grant to the Arboretum Committee and New Hanover County Agriculture Extension Committee to be matched and released on a dollar by dollar basis. 22 MINUTES OF REGULAR MEETIN<j, JUNE ;l~,. 1986, tCONT.I~U}~!U". <:n'", ,.,'j."...."[ '.lfO "Jl....""nTr.<rI"" (Cl3UJW I.'J_'~1():,:)>> ~.~ -: Jl II ~~ 1 ::H.Ul. II d..'U_ 1....~, ,,f,).c"'U,,,,\:Ji..l" 'll. 'VQ\.JL IWI"'~ .. DISCUSSION OF FIXED BASE OPERATOR LEASE AMENDMENTS - NEW HANOVER COUNTY AIRPORT Assistant County Attorney Silliman gave background information on the amendments to the FBO Lease Agreements explaining the basic changes to each lease. He requested approval of the amendments in order to execute the FBO leases. I A discussion was held on an appraisal of the improvements on the premises of each three Fixed Base Operators which included appraisal of unimproved land, aprons, buildings and hangars on each FBO's site. County Manager Cooper stated leases had been executed by Air Wilmington, Inc. and Wilmington General Aviation Industries, Inc. recommending acceptance of appraised figures as negotiated by the Airport Manager and himself. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to authorize the Chairman to execute the leases signed by Air Wilmington, Inc. and Wilmington General Aviation Industries, Inc. with negotiated appraisal rates as set forth in the agreements. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Ed Samuels, President of Jetstream, commented on the lease stating he agreed with the $0.02 per sq. ft. for the value of unimproved land but di~d:p.n9.t C:\gree with $0.66 pe~c.sq~, f:tr"..for rental of the small hang'ir and' $0.74 per sq. ft. -for r'e'rrt-al~ of the large hangar. He stated based on the appraisal of Joseph A. Robb, M.A.I, submitted on June 10, 1986, the small building should be $0.27 per sq. ft. per year and the large building $0.50 per sq ft. per year. He requested approval of the figures as presented by the appraiser. I After a lengthy discussion of the rates and the appraisal, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to authorize the Chairman to execute the lease agreement upon execution by Jetstream within a 48-hour review period with the following rental rates per square foot: $0.02 per sq. ft. - land rental $0.0650 per sq. ft. - asphalt apron $0.0650 per sq. ft. - concrete apron $0.0650 per sq. ft. - other paved areas $0.5060 per sq. ft. - Hangar T-13 $0.2760 per sq. ft. - Hangar H-8, H-9, H-IO, & H-ll Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEM 113, ADJUSTING BUDGET AMENDMENTS FOR YEAR END CLOSING Finance Director Atkinson commented on money budgeted in last year's budget for salary lag stating this money was from the County's Appropriated F~nd Balance not from budgets,of individual departments. ;::-<! .... . i "',1-' 1 .'r: . I :.. .~, I After further discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to approve the following adjusting Budget Amendments as presented by the Finance Department: 86-00000273 Debit Credit County Commissioners Appropriated Fund Balance $24,500 Personnel Salaries & Wages Advertising $2,500 3,000 224 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA ITEM 113 (CONTINUED) Debit Credit Finance Salaries & Wages 4,500 County Attorney's Office Salaries & Wages Contracted Services 1,000 3,000 County Garage $3,000 Inspections.. I ~- i ,", ,." 2) ,0 0 0 I q ., J )~ -" '''F P:"J ,,: ,,' :;:':":' ~ ~0 ~'::-;!~.G: ;~J'....~li; ':'. r.,:/ ~llTO:J::"'1 Agriculture ~'Extension-- Salaries & Wages 4,500 To adjust salaries where salary lag was overestimated and to increase contracted services in Attorney's Office for temporary clerical support and advertising in Personnel Department. 86-00000275 Middle School Debit Credit Contingencies $142,757 Miscellaneous Land Costs $ 3,670 139,087 To cover bills received from Board of Education. 86-00000277 Library Debit Credit Contributions (Revenue) $4,017 Supplies $4,017 1) Gifts, Lost & paid Accour~~ (2/21 - 5/23/P6) , 2) Proceeds from,::-r1.~en9B'~ .?f~ J:he ..L~b:r.:ar::Y_ 2Bq~k 8~~~L A'n May 14-16, 1986. 86-00000269 County Commissioners Debit Credit Contingencies $3,000 Salaries & Wages $3,000 Additional funds needed due to Consolidation Committee salaries paid from our account. 86-00000278 Steam Plant Debit Credit Tipping Fees - Landfill (Revenues) $150,000 M & R - Equipment $150,000 To cover expenditures for the remainder of the fiscal year. 'i -4 22 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) 86-00000279 County Commissioners Debit Credit Contingencies $5,850 I Departmental Supplies Travel, Meetings & Schools Telephone $ 650 5,000 200 Transfer needed to make year end amendments to accounts overdrawn. ENDORSEMENT OF WILMINGTON THOROUGHFARE PLAN Planning Dire9tor / Hayes com.meln'bed ,-on i the. Wilmi-ngton Thoroughfare Plan which had been adopted by the Wilmington City.~. Council and introduced Mr. Mark Shbeib, Transportation Planner for the City, to given an update on the plan. Mr. Shbeib gave an update on the Thoroughfare Plan presenting maps of the proposed routes to address the traffic demands. After a period of questions and answers, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt a resolution approving the Wilmington Thoroughfare Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 28. A copy of the resolution is contained in Exhibit Book XIV, Page I DISCUSSION OF EMS COVERAGE FOR THE CITY OF WILMINGTON Mr. Larry Ray, Director of Emergency Medical Services, commented on the difficulty being experienced by the City of Wilmington in providing 24-hour EMT-AI coverage. He stated since the County had hired two full-time City EMT-AI personnel, the City's problem had become even more severe. He requested authorization for the County Manager to negotiate taking over the EMS protection in the City's primary area on July 1, 1986, instead of September 1, 1986, as previously planned. He stated the additional cost to the County would $20,000. . . -r _ J ~ \ I r, ... '"11 Commissioner Dolan commented on paying rescue squad members their same salary with no decrease when transferred to the county- wide system. He stated he had received calls from rescue squad members stating this was not happening. County Manager Cooper stated this statement had been made, and he was not aware of any problems but would be glad to check into the matter. After further discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to approve the hiring of County EMT-I's and EMT-AI's authorizing the County Manager to proceed with the County assuming EMS protection in the City effective July 1, 1986, including accepting EMS eqipment and vehicles ,from the City and entering into a rental arrangement to house EMS personnel until the County facili ty is complete. Upon vote, the MOTION CARRIED UNANIMOUSLY. I ADOPTION OF 1986-87 COUNTY BUDGET ORDINANCE INCLUDING FIRE SERVICE DISTRICT BUDGET ORDINANCE Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt the 1986-87 Budget Ordinance including the Fire Service District Budget Ordinance as presented. Upon vote, th'e MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance is contained in Exhibit Book XIV, Page 29. 226 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) RECESS OF REGULAR MEETING FOR NEW HANOVER COUNTY WATER' AND SEWER DISTRICT MEETING Chairman Barfield recessed the Regular Session to hold a meeting of the New Hanover County Water and Sewer District Meeting at 6:00 o'clock P.M. Chairman Barfield reconvened to Regular 'Session at'6:06 o'clock P.M. MEETING RECESSED FOR DINNER Chairman Barfield recessed the meeting for dinner at 6:08 o'clock P.M. Chairman Barfield reconvened the meeting at 7:00 o'clock P.M. PRESENTATION OF PATE & PRICE AIRPORT CONSULTANTS, INC. REPORT Mr. Dick Price appeared before the Commissioners outlining the existing airport and its financial framework. He summarized the operating expenses, airport revenue ex'c'ludi'ngairlines; :"air'p'ort revenue from scheduled airlines, and presented the findings of his firm. He projected rental rates in the new terminal be $21.34 per square foot in Fiscal Year 1991 to $25.06 per squre foot in Fiscal Year 1995. He stated while these rates reflect the full cost of the facilities per square foot, the new terminal building is projected to operate at a loss due to the amount of public space that must be paid for by the public through concession fees. After discussion of the implications of the project on the County and its airport tenants, Chairman Barfield, on behalf of the Board, expressed appreciation to Mr. Price for the informative report. PRESENTATION OF ANNUAL REPORT NEW HANOvER' 'COUNTY DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Ms. Ann Boseman, Chairman of the New Hanover County Domiciliary Home Community Advisory Committee, presented the 1986 Annual Report stating domiciliary homes are residential care facilities providing 24 hours of personal care and supervision. She gave information on the different types of licensed facilities and the number of unannounced visits required yearly. Ms. Boseman stressed the importance of an inspection of the homes, checking for cleanliness, nutritional menus, and general care of patients. She requested incl'i'easing the membership' 'of' the I 'commfttee from 8 to 12 members in order to properly inspect the residents and invited a Commissioner to attend meetings as an ex-officio member. After discussion, it was the consensus of the Board to increase the membership as requested. PUBLIC HEARING Notice had been given that Monday, June 16, 1986, at 7:00 County Administration Building, North Carolina, to consider the a Public Hearing would be held on P.M. in the Assembly Room of the 320 Chestnut Street, Wilmington, following: .. .... - .. . PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT REQUEST DIFFERENTIATING RESPONSIBILITY FOR CONSTRUCTING "STUB STREETSn IN DEVELOPMENT WITH PRIVATE OR PUBLIC ROADS Planning Director Hayes gave background information on the Subdivision Text Amendment stating the Planning Board denied the request on the basis that the differentiation in paving responsibility would be burdensome to the taxpayer in the future. 2 2 ~ MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER A SU5DIVI$ION TEXT AMENDMEN~ ON STUB STREETS IN PRIVATE SUBDIVISIONS (CONTINUED) After a lengthy discussion of paving responsibility by Homeowner Associations, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve the Subdivision Text Amendment as proposed with reference to stub streets in a private subdivision. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965" is contained in Exhibit Book XIV, Page 29. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR LOCATION OF A MOBILE HOME ON THE NORTH SIDE OF HUBERT DRIVE EAST OF U. S. 117 I r Planning Director Hayes gave background information and presented slides on the property to be used for location of a mobile home. Planning Director Hayes stated the request met the general requirements. Chairman Barfield opened the Public Hearing asking all persons wishing to give testimony to step forward to be sworn in by the Clerk. The following persons were sworn in: Mr. Olan Fuhr Mr. Howard Hube Ms. Carolyn Stewart Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: I Mr. Olan Fuhr, the petitioner, stated the mobile home would be used for his primary residence requesting issuance of the Special Use Permit. Planning Director Hayes asked Mr. Fuhr if he agreed with the statements and findings of fact as presented by the Planning Staff. Mr. Fuhr stated he concurred. Chairman Barfield asked if anyone present wished to speak in opposi tion to 'the issuance of the Special Use' pe'rmi t. The following persons commented expressing concern for the possible establishment of a mobile home park and additional traffic on the access road: Mr. Howard Hube Ms. Carolyn Stewart Chairman Barfield closed the Public Hearing. I After discussion, Commissioner O'Neal MOVED, SECONDED by Vice- Chairman Retchin to grant the Special Use Permit finding in the affirmative that the proposed use will not materially endanger the public health or safety if located on the proposed site; that the proposed use meets all required conditions and specifications; that the proposed use will not substantially injure the value of adjoining or abutting property; and that the proposed use will be harmony with the area in which it is to be located. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 21. 228 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO CONSTRUCT A PRIVATE SOCIAL CLUB ON 4.29 ~CCRES AT THE TERMINUS OF BLOSSOM FERRY ROAD Planning Director Hayes presented slides and gave background information on the property and site for construction of a private social club. He stat~d thereques.t did meet the general requirements. 1 . . I . ;. f Chairman Barfield opened the Public Hearing. He asked all persons present wishing to give testimony to step forward to be sworn in by the C~erk. The following persons were ~worn in: Mr. David R. Schmitt Mr. A.. K. Cook Mr. Richard Pennington Mr. J. S. Fipps Mr. M. B. Adcock Mr. Robert Pearsall , Chairman Barfield asked if anyone present wished to speak in favor of issuing the Special Use Permit. The following persons commented: . , I . ~ .. , . . ~ .: I '. L ;~,:: Mr. David Schmitt, Attorney representing the petitioners, gave background information on the private social club and building to be constructed stating the proposed use would not endanger the public health or safety if located on the proposed site; that the proposed use would meet all required conditions and specifications; that the proposed use would not substantially injure the value or adjoining or abutting property; and that the proposed use would be in harmony wi th the area. Planning Director Hayes asked Mr. Schmitt if he agreed with the statements and findings presented by the Planning Staff. Mr. Schmitt stated he concurred. The following persons commented in favor of the request: Mr. J. S. Fipps Mr. M. B. Aycock Mr. Roland Cook Chairman Barfield asked if anyone present wished to speak in oppos~tion to the request. The following person commented: Mr. Robert Pearsall, an adjoining property owner, requested installation of a fence between the clubhouse and his property in order to provide privacy from. the clubholJse and parking lot. I f ~ ' I. .. Chairman Barfield closed the Public Hearing. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit accepting the statements and findings as presented by the Planning Board and Attorney David R. Schmitt with a change in the original plans to include a picnic shelter and deck and approval of the following condition: A split-rail fence 200 feet in length to be located on the western property boundary, beginning 30 feet south of the building and running north (200) feet. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 21. 22 ! ... MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE EAST SIDE OF NORTH KERR AVENUE NORTH AND SOUTH OF GRATHWOL DRIVE TO R-IO RESIDENTIAL FROM A-l AIRPORT INDUSTRIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously approved the rezoning to include the land owned by G.B.F. Construction, Inc. Planning Director Hayes recommended approval of the request'if no one present was in opposition. I Chairman Barfield opened the Public Hearing. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Chairman Barfield closed the Public Hearing. Commissioner O'Shields MOVED, SECONDED Vice-Chairman Retchin to approve the rezoning request including the property located adjacent to subject parcel on the northside and adjacent to Smith Creek from R-IO Residential from A-I Airport Industrial. 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. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972," is contained in Zoning Book I, Section 9A, Page 28. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY FOUR ACRES AT THE SOUTHEAST CORNER OF EASTWOOD ROAD AND MILITARY CUT- OFF TO 0-1 OFFICE AND INSTITUTION FROM R-1S RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board recommended approval because of the heavy commercial uses in this area. i I Chairman Barfield opened the Public Hearing. Chairman Barfield asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Wayne Thompson, representing CP&L, gave background information on the office building to be constructed stating every effort would be made to blend the type of structure with the surrounding area. He requested approval of the rezoning request. Chairman Barfield asked if anyone present wished to speak in opposi tion to the rezoning request. The following person commented: Ms. Mary Farmer, a resident of Stokley Road, commented on the volume of traffic on Eastwood Road requesting denial of the rezoning request. Chairman Barfield closed the Public Hearing. I After further discussion, Commi ssioner 0' Shields MOVED, SECONDED by Commissioner O'Neal to approve rezoning approximately four acres at the southeast corner of Eastwood Road and Military Cut-off to 0-1 Office and Institution 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. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is contained in Zoning Book I, Section 2, Page 22. PUBLIC HEARING TO REZONE APPROXIMATELY SIX ACRES ON THE EAST SIDE OF U. S. 421 SOUTH OF GRAND CHAMPION ROAD TO B-2 BUSINESS FROM R-1S RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board recommended approval. He stated the Planning Board also recommended rezoning of parcels 2 and 4. 230 r MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) Chairman Barfield opened the Public Hearing. Chairman Barifeld asked if anyone present wished to speak in favor of the rezoning request. The following person commented. Mr. Robert Tregembo, the petitioner, commented on the need to expand the present building at Tot-Em-In Zoo located on U. S. 421 South requesting approval of the rezoning. .I . ~~', " q ~ t ~. , Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Chairman Barfield closed the Public Hearing. Commissioner O'Neal expressed concern for strip and spot zoning on U. S., 421. After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve rezoning approximately six acres on the east side of U. S. 421 south of Grand Champion Road to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Vice-Chairman Retchin Chairman Barfield Voting Noe: Commissioner-O'Neal A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971," is contained in Zoning Book I, Section 4, Page 20. , /i 1 ~ ,. \, . \ r PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REDEFINE nCOMMERCIAL MAHIMAD Planning Director Hayes stated this request had been recommended by Commissioner O'Shields in order to define more clearly commercial marinas so they are indeed located on the water stating the words Dany dock or basin and associated structureD had been added to the Zoning Text Amendment. Chairman Barfield opened the Public Hearing. Chairman Barfield asked if anyone present wished to speak in favor of the proposed Text Amendment. No one commented. Chairman Barfield asked if anyone present wished to speak in opposition to the proposed Text Amendment. No one commented. Chairman Barfield closed the Public Hearing. After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve the Zoning Text Amendment redefining commercial marinas. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ESTABLISH A STANDARD TWENTY (20) FOOT SETBACK ALONG THE PERIPHERY OF ALL PERFORMANCE REinDENTIAL PROJECTS ',' - .) ',' Planning Director Hayes gave background information on the Zoning Text Amendment stating the Planning,Board agreed with Inspections with reference to interpretational problems, specifically determination of side and/or rear yards. Chairman Barfield opened the Public Hearing. 23 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CO~TINUED) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ESTABLISH A STANDARD TWENTY (20) FOOT SETBACK ALONG THE, PERIPHERY OF ALL PERFORMANCE RESIDENTIAL PROJECTS (CONTINUED) Chairman Barfield asked if anyone present wished to speak in favor of the proposed Text Amendment. No one commented. I Chairman Barfield -asked if anyone present wished to speak in opposition to the proposed Text Amendment. No one commented. Chairman Barfield closed the Public Hearing. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the Zoning Text Amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL OF REQUEST TO REZONE 2.4 ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD, JUST SOUTH OF CATHAY ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes presented slides and gave background information on the rezoning request stating the Planning Board denied the request due to inconsistency with County policies for growth and development. Chairman Barfield opened the Public Hearing. Chairman Barfield asked if anyone present wished to speak in favor of the rezoning request. The following person commented: I Mr. Doug Clifton, representing the property owner, Mr. Thomas Stanley, commented on the various uses in this area stating there were many non-conforming uses. He stated this property was not suitable for residential use and stressed the importance of providing for the highest and best use of the land. He gave background information on the type of strucbure to be located on the site and requested approval of the rezoning. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. The following .person commented: Ms. Pat Kamp, an adjacent property owner, expressed concern for the surrounding residential area requesting denial of the rezoning request. Chairman Barfield closed the Public Hearing. Commissioner O'Neal MOVED, SECONDED by Vice-Chairman Retchin to deny the rezoning request due to inconsistency with County policies for growth and development. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Vice-Chairman Retchin Chairman Barfield I Voting Noe: Commissioner O'Shields J BREAK Chairman Barfield recessed the meeting for a break from 9:20 0' clock P.M. to 9: 28 0' clock P .'M. 232 MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) COMMITTEE APPOINTMENTS APPOINTMENT OF HOWARD L. ARMISTEAD, JR. TO THE ABC BOARD Commissioner O'Shields MOVED, SECONDED by Chairman Barfield to appoint Howard L. Armistead, Jr. to serve a three-year term on the ABC Board expiring June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF ELIZABETH MISKO AND ANN BOSEMAN TO THE DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to reappoint Ms. Elizabeth Misko and Ms. Ann Boseman to serve three-year terms on the New Hanover County Domiciliary Home Community Advisory' Committee expiring June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF PETER G. PAPPAS, M. D. TO THE BOARD OF HEALTH Chairman Barfield stated Dr. Michael Assevero had requested resigning from the Mental Health Board in order to be appointed to the Board of Health since he is presently working with the teenage pregnancy program. Commissioner O!Neal stated the members of the Board of Health had requested appointment of Peter G. Pappas, M. D. since he is a specialist in the field of infectious diseases. Commissioner Dolan ,MOVED, SECONDED by Cbmmissi~ner ODNeal to appoint Peter G. Pappas, M. D. to serve on the Board of Health filling the unexpired term of Charles Hicks, M. D. expiring December 31, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF JOHN PERRITT III, AND DR. JOSEPH H. JOHNSON TO THE NEW HANOVER COUNTY MUSEUM BOARD OF TRUSTEES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to reappoint John Olin Perritt III and Dr. Joseph H. Johnson to serve three-year terms on the Museum Board of Trustees expiring June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF WILLIAM R. BOURNE AND CATESBY C. JONES TO THE NEW HANOVER COUNTY MUSEUM BOARD OF TRUSTEES Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. William R. Bourne and Mr. Catesby C. Jones to serve three-year terms on the Museum Board of Trustees expiring June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF VICE-CHAIRMAN FRED RETCH IN TO BOARD OF SOCIAL SERVICES Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to reappoint Vice-Chairman Fred Retchin to serve on the Board of Social Services for a 3-year term. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF COUNTY MANAGER, G. FELIX COOPER, AS STAFF REPRESENTATIVE TO DARE BOARD OF DIRECTORS Vice-Chairman Retehiri MOVED, SECONDED by Commissioner Dolan to appoint County Manager, G. Felix Cooper, as staff representative on the DARE Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS TO HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner 0' Shields to increase voting members on the Human Services Allocation Advisory Committee from seven (7) voting members to ten (10). Upon vote, the MOTION CARRIED UNANIMOUSLY. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to appoint the following members to serve one- year terms. Mary Bryant Ronald E. Copley, Ph.D. Sander L. Retchin Ron Saucier 23 .... MINUTES OF REGULAR MEETING, JUNE 16, 1986 (CONTINUED) COMMITTEE APPOINTMENTS (CONTINUED) Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to appoint the following members to serve one-year terms: I Georgia Spilliotis Phyllis V. Roebuck James L. Hall Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Vice-Chairman Retchin MOVED, SECONDED by Chairman Barfield to appoint the following members to serve one-year terms: Jeanine B. Stinson Dana Eugene Page James R. Miller Upon vote, the MOTION'CARRIED UNANIMOUSLY. r' . I ...' The non-voting members are as follows: I Mental Health Center - Mel Martin (Primary member) Bill Royals Social Services - Wayne Morris (Primary member) John Blair Health Department - Lynda Smith United Way - Christine McNamee Schools - Barbara Bray Staff Representataive - Cam McAbee ADOPTION OF RESOLUTION GRANTING SCHOOL BOARDS TAX LEVYING AUTHORITY Commissioner 0' Shields presented two resolutions: (1) Tax Levying Authority for School Boards and (2) Teachers Pay. He requested adoption of the resolutions with them being forwarded to the N. C. Association of County Commissioners Resolutions Committee for consideration by the association at the conference in August. A discussion was held on payment of supplements by counties to teachers which creates one county competing against the other for teachers. It was the consensus of the Board, for Commissioner O'Shields to reword the resolution pertianing to supplements and payment of teachers. - - After discussion of the resolution, reque~ting the Ge,neral Assembly to grant school boards tax levying authority, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to adopt the resolution granting tax levying authority to' school boards to be forwarded to the N. C. Association of County Commissioners Resolutions Committee for consideration. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner O'Shields Vice-Chairman Retchin Chairman Barfield Voting Noe: Commissioner Dolan Commissioner O'Neal A copy of the resolution is contained in Exhibit Book XIV, Page 30. DISCUSSION OF STATE SUPPORT PER SCHOOL STUDENT IN NEW HANOVER COUNTY Vice-Chairman Retchin commented on information received showing that out of 142 school systems in the State of North Carolina New Hanover County ranks 140th in state support per student. He requested the county Staff to research this matter. ~ 34 , I' MINUTES OF REGULAR MEETING, JUNE 16', 1986 (CONTINUED) DISCUSSION OF FARM PROGRAM - OAR Chairman Barfield commented on the poor condition of the fields at the farm requesting immediate supervision of the workers paid to care for the crops. After discussion, Commissioner Dolan stated he would discuss the problem at the meeting of the OAR Board on June 17, 1986, and report back to the Commissioners. APPROVAL OF INCREASE IN FUEL FLOWAGE FEE - NEW HANOVER COUNTY AIRPORT County Manager Cooper commented on an increase in the fuel flowage fee recommending a $.05 per gallon increase effective July 1, 1986. Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to approve the $.05 per gallon increase in the fuel flowage fee effective July 1, 1986, as recommended by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR COUNTY MANAGER TO DISCUSS THE ALTERNATIVE OF LEASING BUIDLING FOR DEPARTMENT OF SOCIAL SERVICES County Manager Cooper presented letters received from firms that design, build and lease facilities for different government agencies. He stated this was the last alternative for providing adequate space for the Social Services Department. He requested authorization to discuss the issue with these agencies. After discussion, it was the consensus of the Board to authorize the County Manager to discuss the issue with these firms bringing back specific recommendations. ENDORSEMENT OF GRANT APPLICATION FOR CHILD ADVOCACY COMMISSION TO ESTABLISH A YOUTH OFFENDER RESTITUTION PROGRAM After discussion of the grant application, Vice-Chain:nan Retchin MOVED, SECONDED by Commissioner Do,lan to authorize the Chairman to execute a grant application for the Child Advocacy Commission to establish a Youth Offender Restitution Program. Upon vote, the MOTION CARRIED AS FOLLOWS: , Voting Aye: Commissioner Dolan Commissioner O'Neal Vice-Chairman Retchin Chairman Barfield Voting Noe: Commissioner O'Shields DISCUSSION OF END OF YEAR BUDGET AMENDMENTS TO BE PRESENTED AT SPECIAL MEETING SCHEDULED FOR JUNE 23, 1986 County Manager Cooper stated budget amendments would be presented to close out the fiscal year at the Special Meeting of June 23, 1986. DISCUSSION OF PROPOSED FUNDING AGREEMENT VOLUNTEER FIRE DEPARTMENTS County Attorney Pope commented on the proposed funding agreement with the Volunteer Fire Departments stating the Board of Fire Commissioners had expressed concern over two items in the draft: (1) distribution of assets upon dissolution requesting deletion of paragraph 9, and (2) insurance requirements requesting collision and comprehensive coverage on motor vehicles purchased after July 1, 1986. Mr. Pope stated he had drafted another contract addressing their concerns and that the Volunteer Fire Departments were willing to accept this agreement. Vice-Chairman Retchin stated in previous meetings this paragraph had already been deleted. After a lengthy'discussion of the ownership of fire fighting equipment upon dissolution, no action was taken. 23 MINUTES OF REGULAR MEE~ING, JUNE 16, 1986 (CONTINUED) ADJOURNMENT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the meeting at 10:27 o'clock P.M. I ~pec~y submitted, '.~ D ie F. Harrell Clerk MINUTES OF SPECIAL MEETING, JUNE 23, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, June 23, 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 O'Shields, Jr.; Vice-Chairman Fred Retchin; Chairman Jonathan Barfield, Sr.; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. I Chairman Barfield called the Special Meeting to order stating the purpose of the meeting was to approve end of the year budget amendments. MEETING RECESSED FOR A SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Barfield recessed the Special Session to hold a Special Meeting of the New Hanover County Water and Sewer District at 9:00 o'clock A.M. Chairman Barfield reconvened to Special Session at 9:23 o'clock A.M. APPOINTMENT OF CHAIRMAN TO ABC BOARD Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Charles Walker Chairman of the ABC Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Vice-Chairman Retchin MOVED, SECONDED by Commissioner 0' Shields to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of End of Year Budget Amendments I 86-00000266 Various Departments Debit Credit General Fund Appropriated Fund Balance $ 7,100 Principal on Bonded Debt Principal 85,700 1/2 cent Sales Tax/Finance Interest on Investments 71,400