1986-08-04 Regular Meeting
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MINUTES OF REGULAR MEETING, AUGUST 4, 1986
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 4, 1986, at 7:00 o'clock P.M. in the
Assembly Room of the New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina.
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Members present were: Commissioners John Dolan; Nolan
O'Neal; Claud 0' 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.
Chairman Barfield called the meeting to order.
Reverend Daniel B. O'Leary, Pastor of All Saints Episcopal
Church, gave the invocation.
APPROVAL OF MINUTES
Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin
to approve the minutes of the Regular Meeting of July 7, 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
,Commissioner Dolan requested an explanation of Item #5 for
the purchase of three Type II Van Ambulances. He expressed
concern for purchasing additional ambulances when there were
vehicles at garage not being used.
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Director of Emergency Medical Services, Mr. Larry Ray,
stated two of the vehicles located at the garage had been leased
to the Ogden-New Hanover Rescue Squad for daily use stating this
left only two County vehicles. He stated two units had been
transferred from the City Fire Service when the County acquired
the EMS responsibility for the City effective July 1, 1986.
Director Ray commented on implementation of consolidation of the
entire EMS System stating these additional ambulances will be
needed to provide the service on a daily basis. He stated funds
had been budgeted in the amount of $90,000 for the purchase of
these vehicles in the FY 1986/87.
Director Ray commented on the fact that the Ogden-New
Hanover County Rescue Squad had expressed a desire to de-
emphasize their role of the EMS portion of their services;
consequently, they will be selling some of their old ambulance
vehicles. They plan to concentrate mainly on a rescue-type basis.
Commissioner O'Shields expressed concern for allowing rescue
squads to reduce services without complete coordination and
approval through EMS stressing the importance of all units
fulfilling the agreement with County as approved in January 1986.
He stressed the importance of properly using budgeted funds to
provide this service to the citizens of the County as promised.
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After a lengthy discussion, Commissioner Dolan requested
delaying the award of bids for the ambulances until more
information can be provided.
After further discussion, Vice-Chairman Retchin MOVED,
SECONDED by Commissioner O'Shields to approve the resolution for
purchase of the three ambulances awarding the bid to Ashley
Emergency Vehicles in the amount of $89,991 authorizing the
Chairman to execute the contract. Upon vote, the MOTION CARRIED
AS FOLLOWS:
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MINUTES OF REGULAR MEETING, AUGUST 4, 1986 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Approval of Purchase of Ambulances -EMS (Continued)
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 35.
After further discussion, Director Ray was requested to
perform a complete analysis of vehicles available and report to
the Commissioners on August 18, 1986.
After further discussion, Vice-Chairman Retchin MOVED,
SECONDED by Commissioner Dolan to approve the following Consent
Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Request for Establishment of Emergency Assistance
Fund - Department of Aging
The Commissioners approved the establishment of an
Emergency Assistance Fund as recommended by the Department of
Aging. This fund will assist persons 60 years or older in need
of emergency monetary assistance.
Approval of Request for Position Changes - Department of Health
The Commissioners approved the following position changes
for the Department of Health:
Nutritionist I (Grade 63, Step 1) from one-half time
to full time. The position is to be paid totally by
state funds.
Physician Extender II (Grade 72, Step 1) to Public
Health Nurse (Grade 68, Step 2). No additional
funding is requested.
Public Health Nurse I (Epidemiology) from half
time to full time; Public Health Nurse I (Home Health)
from half time to full time. No additional money
is requested; the money will come from salary lag.
Adoption of Revised Soil Erosion and Sedimentation Control Ordinance
The Commissioners adopted a revised Soil Erosion and
Sedimentation Control Ordinance with corrections and changes
deemed necessary by the state.
A copy of the ordinance is on file in the Clerk's office for
codification into the New Hanover County Code. (~;.::J-3S)
Annual Certification of Firemen Roster - Seagate Volunteer Fire
Department
The Commissioners approved the certification roster
submitted by the Seagate Volunteer Fire Department to
be forwarded to the N. C. Firemen's Pension Fund.
35.
A copy of the roster is contained in Exhibit Book XIV, Page
26,
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MINUTES OF REGULAR MEETING, AUGUST 4, 1986 (CONTINUED)
PUBLIC HEARING FOR 1986-87 SECONDARY ROAD PROGRAM
Mr. Tom Pollard, Chairman of the N. C. Board of
Transportation, appeared before the Commissioners expressing
appreciation to the Board for suppport of the Governor's Highway
Program. He complimented Vice-Chairman Retchin for his
cooperation and effort in encouraging support of the Highway
program stating he felt this program would benefit southeastern
North Carolina.
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Chairman Barfield opened the Public Hearing.
Mr. William Powell and Mr. Jim Cook, representatives of the
Wilmington District N. C. Department of Transportation Division,
presented the proposed 1986-87 Secondary Road Program with
distribution of monies as follows:
Allocation
$51,573
Move poles on State Road 1333
$10,000
Grade, Drain, Base and Pave
State Road 1413, Allens Lane
29,000
Grade and Drain State Road 1894
Anaca Point Road from SR 1403 to
Dead End.
4,000
Leveling State Road 1100 - River
Road from SR 1101 to U.S. 421
Spots.
2,500
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Fire Department
Federal Point Fire Department, Base,
Pave, Resurface
4,000
Fire Departments, Rescue Squads
& Contingencies
2,073
Chairman Barfield asked if anyone present wished to comment
on the Secondary Road Program as presented. No one commented.
After further discussion, Commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin to approve the 1986/87
Secondary Road Program as presented by the N. C. Department of
Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RECESS OF SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND
SEWER DISTRICT
Vice-Chairman Retchin MOVED,
recess the Regular Session for
County Water and Sewer District.
UNANIMOUSLY.
SECONDED Commissioner O'Neal to
a meeting of the New Hanover
Upon vote, the MOTION CARRIED
Chairman Barfield adjourned the meeting at 7:45 o'clock P.M.
Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan
to reconvene to Regular Session.
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Chairman Barfield reconvened the meeting to Regular Session
at 9:40 o'clock P.M
BREAK
Chairman Barfield recessed the meeting for a break from 9:40
o'clock P.M. to 9:57 o'clock P.M.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
LOCATE A MOBILE HOME ON THE EAST SIDE OF U. S. 117 (CASTLE HAYNE
ROAD) JUST SOUTH OF ARLENE DRIVE
Planning Director Hayes gave background information on the
request to locate a mobile home. He stated the general
requirements had been met.
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MINUTES OF REGULAR MEETING, AUGUST 4, 1986 (CONTINUED)
PUBLIC HEARING TO CONSIDER LOCATION OF MOBILE HOME ON EAST SIDE OF
U. S. 117 JUST SOUTH OF ARLENE DRIVE (CONTINUED)
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked anyone present wishing to give
testimony to step forward to be sworn in by the Clerk. The
following person was sworn in:
Ms. Linda Buck
Chairman Barfield asked if anyone present wished to speak in
favor of the issuance of the Special Use Permit. The following
person commented requesting issuance of the permit:
Ms. Linda Buck, the petitioner
Chairman Barfield asked if anyone present wished to speak in
opposition to the issuance of the Special Use Permit. No one
commented.
Commissioner O'Shields MOVED, SECONDED by Vice-Chairman
Retchin to grant the Special Use Permit for location of the
mobile home since the use will not materially endanger the public
health or safety if located where proposed~ the use meets all
required conditions and specif ications ~ the use will not
substantially injure the value of adjoining or abutting property;
and 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 to be located and in general conformity with
the plan of development for New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP Book I,
Page 23.
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 14,700 SQUARE
FEET ON THE NORTHWEST SIDE OF U. S. 17, APPROXIMATELY 150 FEET
SOUTH OF GORDON ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL
Planning Director Hayes and Planner Avery showed slides and
gave background information on the request stating the Planning
Board and Planning Staff recommended approval.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to speak in
favor of or in opposition to the rezoning request. No one
commented.
Chairman Barfield closed the Public Hearing.
Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal
to approve rezoning 14,700 square feet on the northwest side of
U. S. 117, approximately 150 feet south of Gordon Road 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. 10 A OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1974" is contained in
Zoning Book I, Section 10-A, Page 17.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ARTICLE V,
SECTIONS 54-1, 55-1, AND 59011 SPECIFYING ACCESS REQUIREMENTS FOR
COMMERCIAL AND OFFICE-INSTITUTIONAL LAND USES
Planner Avery gave background information on the proposed
Text Amendment stating it was designed to specify access
requirements for commercial and office-institutional land uses.
He stated the proposed request should further discourage non-
residential traffic along local residential streets. He stated
the Planning Board unanimously recommended approval.
26:
MINTUES OF REGULAR MEETING, AUGUST 4, 1986 (CONTINUED)
PUBLIC HEARING TO CONSIDER TEXT AMENDMENT (CONTINUED)
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to speak in
favor of or in opposition to the proposed Text Amendment. No one
commented.
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After discussion, Commissioner O'Neal MOVED, SECONDED by
Vice-Chairman Retchin to approve the Text Amendment as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER AN APPEAL FOR DENIAL OF REZONING
APPROXIMATELY FOUR ACRES ON THE WEST SIDE OF U. S. 117 (CASTLE
HAYNE ROAD) NORTH OF WHITMAN DRIVE TO B-1 BUSINESS FROM R-15
RESIDENTIAL
Planning Director Hayes and Planner Avery showed slides and
gave background information on the rezoning request. Planning
Director Hayes stated the Planning Board denied the request due
to the possibility of increasing existing drainage problems.
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. Nathan S. Sanders, representing the petitioner,
commented on surrounding property being zoned B-1 stating he felt
the best and highest use of the land would be B-1 Business
zoning. He commented on drainage problems in this area stating
a ditch would run from the property to Ness Creek.
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Chairman Barfield asked if anyone present wished to speak in
opposition to the rezoning request. The following persons
commented on the drainage problems currently existing in this
area expressing concern for an increase of this problem if the
shopping center is constructed. They also expressed concern for
not knowing who cleans ditches.
Mr. Steve Pickard
Mr. C. R. Johnson
Mr. Jim Davis
Mr. Frank Braswell
Mr. James Blanton
After a lengthy discussion of water run-off and ditching,
Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to
approve the rezoning request. 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, Sec. 6, Page 31.
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After further discussion, it was the consensus of the Board
to request Chairman Barfield to prepare a resolution to be
forwarded to the N. C. Department of Transportation
requesting maintenance of the ditch behind Whitman Road.
ADOTPION OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD
Vice-Chairman Retchin MOVED, SECONDED by Commi s s ioner
O'Shields to adopt a resolution of intent to consider closing a
portion of Jackson Street in Federal Point Township calling for a
Public Hearing on September 2, 1986, at 7:00 o'clock P.M. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XIV,
Page 31.
264
MINUTES OF REGULAR MEETING, AUGUST 4, 1986 (CONTINUED)
APPROVAL OF REQUEST TO HOLD A PUBLIC HEARING ON AUGUST 18, 1986,
TO CONSIDER LEVYING THE 1% ADDITIONAL ROOM OCCUPANCY TAX
Commissioner O'Shields MOVED, SECONDED by Vice-Chairman
Retchin to hold a Public Hearing on August 18, 1986, at 7:00
o'clock P.M. to consider levying the 1% additional room occupancy
tax. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REAPPOINTMENT OF MR. ALOYSIUS SEBIAN TO THE DOMICILIARY HOME
COMMUNITY ADVISORY COMMITTEE
Vice-Chairman Retchin MOVED, SECONDED by Commissioner
O'Shields to reappoint Mr. Al Sebian to serve a three-year term
on the Domiciliary Home Community Advisory Committee expiring
June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF CHANGING DATES OF REGULARLY SCHEDULED BOARD
MEETINGS IN THE MONTH OF SEPTEMBER
Vice-Chairman Retchin suggested changing the regularly
scheduled Board meetings to September 8 and 22, 1986.
After discussion, Commissioner Dolan stated he felt he had a
conflict with these dates and would inform the Board at the
Special Meeting to be held on Tuesday, August 5, 1986.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF REQUEST TO REJECT ELEVATOR BIDS RECEIVED ON OLD
COURTHOUSE
County Manager Cooper requested authorization to reject
elevator bids received on the Old Courthouse. He stated
negotiations would be made with the general contractor to include
this item in his contract.
Commissioner O'Shields MOVED, SECONDED by Vice-Chairman
Retchin to reject bids received and authorize the County Manager
to re-advertise if necessary. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
AUTHORIZATION FOR CHAIRMAN TO EXECUTE QUICKCLAIM DEED (AlP 03
PROJECT) - NEW HANOVER COUNTY AIRPORT
Assistant County Attorney Silliman requested authorization
for the Chairman to execute a quickclaim deed on parcels of land
at the airport.
Commissioner O'Shields MOVED, SECONDED by Vice-Chairman
Retchin to authorize the Chairman to execute a quickclaim deed as
presented by Assistant County Attorney Silliman. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
P.M.
Chairman Barfield adjourned the meeting at 11:06 o'clock
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Respectfully submitted,
~v'l~
Lucie F. Harrell
Clerk