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1986-10-06 Regular Meeting 310 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 6, 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. Members present were: Commissioners John Dolan; Nolan 0' Neal; Claud 0' Shields, Jr.; Vice-Chairman Fred Retchin; Chairman Jonathan Barfield, Sr.; G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Reverend Michael Stenson, Pastor of the First Assembly of God gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of October 6, 1986, with correction of a motion on an appointment to the Hospital Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Barfield asked public wished to speak on an Agenda or any item listed following person commented: if anyone from the general item not listed on the Regular on the Consent Agenda. The Ms. Lucille Shaffer, Chairman of the Board of Education, expressed appreciation to Commissioner O'Shields for his 12 years of service to the citizens of New Hanover County and for his cooperation in working with the Board of Education. She personally thanked him for supporting projects that have made our County a better place to live. APPROVAL OF CONSENT AGENDA Commissioner Dolan requested removal of Item #6, Project Ordinance Authorizing Construction of Hugh MacRae Park Athletic Field Project. After further discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to approve the Consent Agenda with removal of Item #6. Upon vote, the following consent agenda items were approved: CONSENT AGENDA Approval of Change in Salary Range - Fire Marshal Position The Commissioners approved a change in the salary range of the Fire Marshal from range 65 ($16,494 - $21,590) to 67 ($18,200 - $23,816.) Approval of Contract for Selection of Attorney for Tax Collection/Foreclosures The Commissioners authorized the Chairman to execute an agreement with Louis K. Newton, Attorney at Law, to handle tax foreclosures on behalf of New Hanover County. Approval of Change Order #2 - Prime Contractors - Airport East Ramp Access Road The Commissioners approved Change Order #2 and approved the following budget amendment increasing Prime Contractors' contract in the amount of $29,250 to resolve groundwater problems encountered during construction: MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) 87-00000057 Airport/East Ramp Access Road Debit Credit Contingencies $29,250 General Contractor $29,250 I Acceptance of Kings Grant Park Grant and Approval of Budget Amendment The Commissioners authorized the Chairman to execute a grant agreement with the N. C. Department of Natural Resources and Community Development in the amount of $27,500 for Kings Grant Park with approval of the following Budget Amendment: 87-00000056 Parks & Recreation Debit Credit General Fund Appropriated Fund Balance LWCF - Kings Grant Park $27,500 27,500 Parks & Recreation Other Improvements Capital Outlay - Equipment $42,500 12,500 The County's matching amount is $ 27 , 500. The Budget Amendment will set up budget for LWCF - Kings Grant Park Project. No matching funds were budgeted for grant due to uncertainly of obtaining the grant. I Approval of Budget Amendment - Department of Social Services The Commissioners approved the following Budget Amendment for the Department of Social Services for new allocations, state changes and grant received for Children's Trust Fund: 87-00000040 DSS Debit Credit $ 6,392 50,000 162,456 170,190 12,169 3,339 883 5,275 622 4 4,703 1,500 DSS/Adult Day Care Adult Day Care Child Welfare Day Care Services Title XX - Day Care Title XX Day Care (75% FFP) Title XX - Regular Salaries & Wages Social Security Taxes Automotive Expense Family Planning Contracted Services I Administration Administration/State Block Grant AFDC AFDC Equalizing AFDC County Issued Checks AFDC County Issued Checks Community Alternatives Program Community Alternatives Program Administration Salaries & Wages --olIIl 0/0 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 6, 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. Members present were: Commissioners John Dolan; Nolan 0' Neal; Claud 0' Shields, Jr.; Vice-Chairman Fred Retchin; Chairman Jonathan Barfield, Sr.; G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Reverend Michael Stenson, Pastor of the First Assembly of God gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of October 6, 1986, with correction of a motion on an appointment to the Hospital Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Barfield asked public wished to speak on an Agenda or any item listed following person commented: if anyone from the general item not listed on the Regular on the Consent Agenda. The Ms. Lucille Shaffer, Chairman of the Board of Education, expressed appreciation to Commissioner O'Shields for his 12 years of service to the citizens of New Hanover County and for his cooperation in working with the Board of Education. She personally thanked him for supporting projects that have made our County a better place to live. APPROVAL OF CONSENT AGENDA Commissioner Dolan requested removal of Item #6, Project Ordinance Authorizing Construction of Hugh MacRae Park Athletic Field Project. After further discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to approve the Consent Agenda with removal of Item #6. Upon vote, the following consent agenda items were approved: CONSENT AGENDA Approval of Change in Salary Range - Fire Marshal Position The Commissioners approved a change in the salary range of the Fire Marshal from range 65 ($16,494 - $21,590) to 67 ($18,200 - $23,816.) Approval of Contract for Selection of Attorney for Tax Collection/Foreclosures The Commissioners authorized the Chairman to execute an agreement with Louis K. Newton, Attorney at Law, to handle tax foreclosures on behalf of New Hanover County. Approval of Change Order #2 - Prime Contractors - Airport East Ramp Access Road The Commissioners approved Change Order #2 and approved the following budget amendment increasing Prime Contractors' contract in the amount of $29,250 to resolve groundwater problems encountered during construction: ~ Sf; MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ( CONTINUED) 87-00000057 Airport/East Ramp Access Road Debit Credit Contingencies $29,250 General Contractor $29,250 I Acceptance of Kings Grant Park Grant and Approval of Budget Amendment The Commissioners authorized the Chairman to execute a grant agreement with the N. C. Department of Natural Resources and Community Development in the amount of $27,500 for Kings Grant Park with approval of the following Budget Amendment: 87-00000056 Parks & Recreation Debit Credit General Fund Appropriated Fund Balance LWCF - Kings Grant Park $27,500 27,500 Parks & Recreation Other Improvements Capital Outlay - Equipment $42,500 12,500 The County's matching amount is $27,500. The Budget Amendment will set up budget for LWCF - Kings Grant Park Project. No matching funds were budgeted for grant due to uncertainly of obtaining the grant. I Approval of Budget Amendment - Department of Social Services The Commissioners approved the following Budget Amendment for the Department of Social Services for new allocations, state changes and grant received for Children's Trust Fund: 87-00000040 DSS Debit $ 6,392 50,000 162,456 170,190 12,169 3,339 883 5,275 622 4 4,703 1,500 Credit DSS/Adult Day Care Adult Day Care Child Welfare Day Care Services Title XX - Day Care Title XX Day Care (75% FFP) Title XX - Regular Salaries & Wages Social Security Taxes Automotive Expense Family Planning Contracted Services I Administration Administration/State Block Grant AFDC AFDC Equalizing AFDC County Issued Checks AFDC County Issued Checks Community Alternatives Program Community Alternatives Program Administration Salaries & Wages ---" 6/~ "'- MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) General Fund Appropriated Fund Balance 54,523 DSS/Children's Trust Fund Children's Trust Fund 44,000 Adult Day Care Day Care Services Child Day Care Day Care Services CP&L Intervention Program Departmental Supplies Personal Care Services Salaries & Wages social Security Wages Automotive Expense Community Alternatives Program Community Alternatives Program Administration DSS Grant (Juvenile Code) DSS Administrative Reimb. Grant State & AFDC Foster Home AFDC Foster Care Children's Trust Fund Salaries & Wages Social Security Taxes Retirement Medical Insurance Contracted Services Departmental Supplies Automotive Expenses Travel, Meetings & Schools Assistance Payments Capital Outlay - Equipment Approval of Budget Amendments Debit 87-00000055 Library General Fund Appropriated Fund Balance $4,000 Library M & R - Buildings & Grounds $ 7,305 212,456 3,080 170,190 12,169 3,339 25,000 3,416 34,969 279 19,989 1,429 l,348 777 2,000 2,102 1,000 500 l4,333 375 Credit To cover the cost of ceramic tile installation. purchased in FY 1985/86 but paid for in FY 1986/87. Tile 87-00000049 Emergency Services Debit Other Revenue $5,000 Telephone Expenses M & R - Auto & Trucks Travel, Meetings, & Schools Capital Outlay, Equipment Funds to support response, training, and Nuclear Power Plant. Department of communications Emergency for the Services Brunswick Credit $ 300 1,300 600 2,800 31 .. MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) 87-00000044 Juvenile Services Center Debit Credit Contingencies $3,200 Departmental Supplies $3,200 I Due to freezer and refrigerator not being repairable, it will be necessary to transfer from Contingencies to purchase new equipment. Approval of Budget Amendments for Various Departments to Cover Additional Insurance Costs General Fund Appropriated Fund Balance Debit $14,807 Credit Aging/Administration Insurance & Bonds 198 Emergency Services Insurance & Bonds 3,044 Steam Plant Insurance & Bonds 2,314 Landfill Insurance & Bonds 14,045 County Commissioners Insurance & Bonds 16,009 Print Shop Insurance & Bonds 87-00000053 Various Departments Debit $ 442 88 816 2,192 3,737 31,718 11,424 Credit I Internal Audit Insurance & Bonds Water & Sewer Insurance & Bonds Sheriff/55 MPH Enforcement Insurance & Bonds Airport/Administration Insurance & Bonds Non-Departmental Insurance & Bonds Emergency Medical Services Insurance & Bonds General Fund Appropriated Balance $86,670 I County Manager Insurance & Bonds 247 Tax Insurance & Bonds 176 Register of Deeds Insurance & Bonds 1,088 Elections Insurance & Bonds $ 440 Finance Insurance & Bonds 433 314 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ( CONTINUED) Sheriff/Administration Insurance & Bonds 33,272 Juvenile Services Insurance & Bonds 2,054 DSS/Administration Insurance & Bonds 14,152 Agriculture & Extension Insurance & Bonds 361 Museum Insurance & Bonds 689 Engineering Insurance & Bonds 711 Property Management Insurance & Bonds 6,229 Health/Administration Insurance & Bonds 1,551 Health/Animal Control Insurance & Bonds 1,127 Library Insurance & Bonds 1,929 Parks & Recreation Insurance & Bonds 4,691 Garage Insurance & Bonds 6,275 Planning Insurance & Bonds 1,239 Human Relations Insurance & Bonds 485 Management Information Systems Insurance & Bonds 378 Inspections Insurance & Bonds 11,318 Personnel Insurance & Bonds 560 County Attorney's Office Insurance & Bonds 287 Budget Amendment for Entry Into Record -Parks & Recreation 87-00000050 Parks & Recreation Debit Credit Contingencies $325 Departmental Supplies $325 PRESENTATION OF PLAQUE TO COMMISSIONER CLAUD O'SHIELDS, JR. FOR TWELVE YEARS OF SERVICE TO NEW HANOVER COUNTY Chairman Barfield, on behalf of the Board of Commissioners, presented a plaque to Commissioner O'Shields for his years of service to the County. He expressed appreciation to his family for their understanding and support during these years, and complimented Commissioner O'Shields for outstanding service. 311 .. I MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT BY ADDING A DEFINITION OF "CABINET MAKING AND WOODWORKING" TO THE ZONING ORDINANCE AND PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 5.0 ACRES ON THE WEST SIDE OF U. S. 117 AND ON THE NORTH AND SOUTH SIDES OF RITTER DRIVE TO I -1 INDUSTRIAL FROM I - 2 INDUSTRIAL Planning Director Hayes gave background information on the rezoning request stating this was continued case with the Commissioners asking for a definition of cabinet and woodworking shops. He recommended discussion of Item #8, a Text Amendment defining "Cabinet Making and Woodworking" before making a decision on the rezoning request. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing asking if anyone present wished to comment on the rezoning request. The following person commented: Mr. Jim Snow, Attorney representing Becker Building Supplies, commented on the proposed Text Amendment requesting distinction between cabinet and woodworking shops and sawmills. He stated his client would have no opposition to the rezoning request if sawmills were defined. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. I After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve the Text Amendment defining Cabinet Making and Woodworking as follows: Amend Article II, DEFINITIONS, Section 23 by adding: 23-8l Cabinet and Woodworking Shops - Establishments engaged in manufacturing fabricated mill work, cabinets, hardwood dimension, structural wood members, containers and other wood products but excluding the progressing of raw logs from the field. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve rezoning of 5.0 acres on the west side of U. S. 117 and on the north and south sides of Ritter Drive to I-1 Industrial from I-2 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. 10-A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1974, is contained in Zoning Book II, Section 10-A, Page 18. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO ESTABLISH A FOUR UNIT MOBILE HOME PARK ON THE NORTH SIDE OF LYNN AVENUE IN CASTLE HAYNE WHICH IS ZONED RURAL AGRICULTURAL Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing asking anyone present wishing to give testimony to step forward to be sworn in by the Clerk. The following persons were sworn in: 316 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) Ms. Mildred Gmytruk Mr. James Whitfield Mr. John Lorek Planning Director Hayes and Planner Avery presented slides and gave background information on the request for location of a four unit mobile home park. Planning Director Hayes stated the requirements had been met. Chairman Barfield asked if anyone present wished to speak in favor of issuance of the Special Use Permit. The following person commented: r Ms. Mildred Gmytruk, the petitioner, commented on the request stating her daughter would occupy the mobile home in order to provide care for her. Chairman Barfield asked Ms. Gmytruk if the statements presented by the Planning Staff were correct. Mr. Gmytruk stated she concurred with the statements presented. Mr. James Whitfield, an adjacent property owner, stated he had no obj ections to the issuance of the Special Use Permit for establishment of a four-unit mobile home park. Chairman Barfield asked if anyone present wished to speak in opposition to issuance of the Special Use Permit. No one commented. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to grant the Special Use Permit based on evidence presented drawing the following findings of fact and conclusions: (1) The use does met the specific requirements set forth in Section 72 of the County Zoning Ordinance; (2) the use does satisfy the first general requirement; namely that the use will not materially endanger the public health or safety if located where proposed and developed; (3) the use does satisfy the second general requirement; namely that the use meets all required conditions and specifications; (4) the use does satisfy the third general requirement; namely that the use will not substantially injure the value of adjoining or abutting property; and (5) the use does satisfy the fourth general requirement; namely that 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 24. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF HUNTER'S TRAIL IN A B- 2 BUSINESS DISTRICT Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing and asked anyone present wishing to give testimony to step forward to be sworn in. The following persons were sworn in: 31 j MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) Mr. William A. Brooks, Jr. Mr. Frank Whitesell Planning Director Hayes and Planner Avery presented slides and gave background information on the issuance of the Special Use Permit as an employee dwelling in a B-2 zoning district. I Chairman Barfield asked if speak in favor of issuing the following person commented: anyone present wished to Special Use Permit. The Mr. Herschel S. Harkins, an attorney representing Mr. Frank Whitesell, the petitioner, questioned the petitioner and presented evidence to conclude that the request did met the specific requirements as set for in Section 72-29 of the County Zoning Ordinance. Chairman Barfield asked Mr. Whitesell if the statements presented by the Planning Staff were correct. Mr. Whitesell concurred with the statements presented. Chairman Barfield asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following person commented: I Mr. William J. Brooks, Jr. , Vice-President of Development for W. R. Henderson and Associates, commented on a new development called "Gingerwood" which is located adjacent to the Whitesell property. He stated he was representing the owners of Gingerwood who strongly feel location of a mobile home on this property would injure the value of adjoining property. He requested denial of granting the Special Use Permit. After a period of questions and answers on the area being zoned commercial and possible expansion of businesses in this area, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. I After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to grant the Special Use Permit based on the evidence presented drawing the following findings of facts and conclusions: (1) the use does meet the requirements set forth in Section 72-29 of the County Zoning Ordinance; (2) the use does satisfy the first general requirement; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted; (3) the use does satisfy the second general requirement; namely that the use meets all required conditions and specifications; (4) the use does satisfy the third general requirement; namely that the use will not substantially injure the value of adjoining or abutting property; and (5) the use does satisfy the fourth general requirement; namely that 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 24. 318 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT: A DEFINITION FOR INOPERATIVE MOTOR VEHICLES AND THE REGULATION, THEREOF, IN RESIDENTIAL DISTRICTS Planning Director Hayes gave background information on the proposed Text Amendment stating the importance of the Zoning Ordinance addressing and defining inoperative motor vehicles in order for violations to be enforced. After a lengthy discussion of the wording of the proposed Text Amendment and the enabling legislation to cover private property, it was the consensus of the Board to continue this Public Hearing requesting further study by the County Attorney and Planning Staff. r PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT REQUIRING ALL SUBDIVISION STREETS TO BE PAVED EXCEPT PRIVATE ROADS PROVIDING ACCESS TO TEN OR LESS LOTS Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing. Planning Director Hayes gave background information on the proposed Text Amendment stating the Planning Board had requested development of this amendment after recent subdivision review meetings. He stated the advantages of paved streets would be a reduction in maintenance costs; easier and quicker access for emergency vehicles; better control of drainage; and increased property values. Chairman Barfield asked if anyone present wished to speak in opposition to the request. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. A discussion was held on requiring all subdivision streets to be paved without the exception of private roads providing access to ten or less lots. After a lengthy discussion of the present ordinance addressing private roads, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to deny approval of the proposed text amendment leaving the Subdivision Regulations as they are. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL FOR DENIAL OF REZONING A PORTION OF 2.7 ACRES AT THE NORTHEAST CORNER OF MASONBORO LOOP ROAD AND MASONBORO SOUND ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to open the Public Hearing. Chairman Barfield opened the Public Hearing. Planning Director Hayes and Planner Avery presented slides and gave background information on the rezoning appeal. Planning Director Hayes stated the Planning Staff recommended approval but the Planning Board recommended denial due to encroachment into a residential area. Chairman Barfield asked if anyone present wished to speak in favor of the rezoning request. The following person commented: 31 ,. MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) Mr. Jonathan Washburn, the petitioner, commented on the highest and best use of the property stressing the importance of quality development on this site. Chairman Barfield asked if anyone present wished to speak in opposition to the rezoning request. No one commented. I Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner 0' Neal to approve rezoning a portion of 2. 7 acres at the northeast corner of Masonboro Loop Road and Masonboro Sound Road to B-1 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 THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971," is contained in Zoning Book I, Section of Masonboro, Page 15. BREAK Chairman Barfield recessed the meeting for a break from 8:42 o'clock P.M. to 8:54 o'clock P.M. I APPROVAL OF PROJECT ORDINANCE FOR HUGH MACRAE PARK. ATHLETIC FIELD PROJECT Commissioner Dolan expressed concern for this item not being handled through the normal budgetary process, particularly with the amount of money involved asking why the rush. Mr. Claude Ayers, of the Winter Park Optimist Club, commented the need for additional athletic fields pointing out the growth of recreational programs in New Hanover County. Mr. Jim Braswell, representing the Cape Fear Soccer Association, commented on the need for a soccer field. He stated 905 children were enrolled in the soccer program and fields were desperately needed. Discussion was held on funding of the project by the County Manager. After further discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to adopt the Project Ordinance with approval of the following Budget Amendment designating revenues in the project to come from the Unappropriated Fund Balance in the General Fund. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Neal Commissioner O'Shields Vice-Chairman Retchin Chairman Barfield I Voting Noe: Commissioner John Dolan Budget .Amendment 87-00000051 Hugh MacRae Park Athletic Field Debit Credit Transfer In $175,000 Engineering General Contractor $ 25,000 150,000 320 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ( CONTINUED) Commissioner Dolan commented, for the record, that he was not opposed to providing the necessary recreational facilities for our youth, but he did feel a basic function of government was to provide for public safety. 'He stated priorities needed to be established and that funding for security at the airport was more pressing than funding for this purpose. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF POPLAR STREET LOCATED IN THE CAPE FEAR TOWNSHIP Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing. Planning Director Hayes gave background information on the street closing request by Mr. Charles Belcher. He stated after field examination, the Planning Staff recommended approval. Chairman Barfield asked if anyone present wished to speak in opposition to this request. No one commented. commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to close the Public Hearing. Chairman Barfield closed the Public Hearing. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the street closing as recommended by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XIV, Page 45. PUBLIC HEARING TO HANOVER COUNTY AND CAMA REQUIREMENTS Commissioner O'Neal to open the CONSIDER DRAFT OF LAND USE PLAN FOR NEW THE CITY OF WILMINGTON IN ACCORDANCE WITH Dolan MOVED, SECONDED by Commissioner Public Hearing. Chairman Barfield opened ,the Public Hearing. Commissioner O'Neal stated he had attended three public hearings on the Land Use Plan stating it was an excellent document and complimented both County and City staffs for an outstanding report. Planner Dave Weaver gave background information on the Land Use Plan Update pointing out the major changes in the 1981 Land Classification Map and Policies for Growth and Development. He stated emphasis is being placed on protecting the drinking water, signage, drainage and neighborhood planning. Chairman Barfield public wished to speak. asked if anyone from the general No one commented. r After discussion, Commissioner 0' Shields the plan and recommended holding a workshop discussion. complimented for further After further discussion, it was the consensus of the Board to continue the Public Hearing and place this item on the Agenda for October 20, 1986. 32 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) SELECTION OF ARCHITECT FOR RENOVATION OF THE SCHAEFFER BUILDING TO HOUSE NEW HANOVER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to select John Sawyer, A. I.A as architect for renovation of the Schaeffer Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. I DISCUSSION OF AIRPORT SAFETY MEASURES ADDRESSING RUNWAY AND TAXIWAY INCURSIONS Assistant Airport Manager, John E. Nolan, gave background information on six runway incursions that have occurred within the past few months. He stated a mailgram had been received from FAA on September 29, 1986, requesting immediate suspension of all non-essential ground vehicle traffic (including fuel trucks) on the airport operations area. He requested direction of the Commissioners in responding to FAA. I Mr. W. Ed Samuels, President of Jetstream Aero Services, Inc. commented on three incursions involving Jetstream stating they were not threatening nor hazardous circumstances; however, his company was fully aware of the seriousness of the incidents. He gave background information on the July 5, September 19, and September 29, incidents and the problem involved with the rotating beacon light. He stated Jetstream had established a procedure whereby its personnel will not proceed unless authorized by radio from the tower eliminating the use of standard light signals at all times. He recommended correcting the tower rotating beacon light reflecting problem, and construction of a county perimeter road around the airfield for use in support of the new tower and others who need to move about the airfield. A lengthy discussion was held on essential and non-essential vehicular traffic at the airport. County Manager Cooper commented on the seriousness of these incursions recommending compliance with FAA's request as follows: (1) All non-essential ground vehicle traffic including fuel trucks is immediately suspended on the airport operations area; (2) direct the Airport Manager to allow fuel trucks to cross the runways only upon scheduled escort by an airport truck; and (3) work toward developing a plan with the commercial carrier and FBO that will be acceptable to FAA. Mr. Joe Maddox, representing United Airlines, stated fuel trucks are essential and expressed concern for escort of fuel trucks. He stated this procedure would be difficult for Jetstream since they have fuel contracts with both United Airlines and Eastern Metro. I After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to rescind any prior provisions regarding any specified number of private vehicles being allowed in the airport operations area making provisions that fuel trucks can move with escort until a plan can be developed which is acceptable to FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF AMENDMENTS TO AIRPORT ORDINANCE County Manager Cooper gave background information on the proposed amendments stating FAA was in agreement with the amendments. Assistant County Attorney Silliman commented on meeting with FAA officials stating changes had been incorporated in the amendments as recommended by FAA particularly with reference to security and taxicab regulations. 322 MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 ( CONTINUED) After a lenghty discussion of the amendments, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt the amendments with a change in wording to Section 35 to read; "Buildings shall be of metal or masonry construction or of any other comparable fire resistant material and shall be properly fireproofed." Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the amendments are on file in the Clerk's office for codification into the County Code. ADOPTION OF RESOLUTION REQUESTING ALAMANCE COUNTY TO WITHDRAW PLANS FOR LANDFILL ON BANKS OF HAW RIVER Commissioner Dolan commented on a request by the Haw River Assembly, a private organization concerned about the quality of drinking water in the Cape Fear Basin, to prepare and adopt a resolution requesting Alamance County to withdraw plans for a landfill on the banks of Haw River which empties into the Cape Fear Basin. commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to authorize the Chairman to execute a resolution when prepared by the Clerk requesting Alamance County to withdraw plans for location of a landfill on the banks of the Haw River. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 46. ANNOUNCEMENT OF MEETING SPONSORED BY BUSINESS LEADERS TO DISCUSS FUTURE PLANS FOR GROWTH AND DEVELOPMENT IN NEW HANOVER COUNTY Vice-Chairman Retchin stated a meeting was held on the morning of September 30 by a group of concerned citizens to discuss long-range plans for growth and development in our area. He stated both County Commissioners and City Councilmembers were invited; however, attendance was low consequently another breakfast meeting has been scheduled for October 14, 8:00 A.M. at the Hilton in the Garden Room, with the City and County preparing presentations. He encouraged all Commissioners to attend. ADOPTION OF RESOLUTION REQUESTING ENERGY MONIES RETURNED TO THE STATE BE USED FOR SUPPORT OF AN AREA WIDE BICYCLE FACILITIES PLAN Chairman Barfield presented a resolution requesting energy monies returned to the State of North Carolina be used for support of an area wide bicycle facilities plan. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to adopt the resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 46. ADOPTION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 1986 AS LET'S TALK MONTH - CHILD ADVOCACY COMMITTEE Chairman Barfield presented a proclamation designating the month of October 1986 as Let's Talk Month in New Hanover County sponsored by the Child Advocacy Commission. r After discussion, Vice-Chairman Retchin MOVED, SECONDED by Chairman Barfield to adopt the proclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is contained in Exhibit Book XIV, Page 46. 32, MINUTES OF REGULAR MEETING, OCTOBER 6, 1986 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF RESCHEDULING JOINT MEETING WITH THE NEW HANOVER COUNTY BOARD OF EDUCATION County Manager Cooper stated the Board of Education could meet on Monday or Tuesday, October 13 and 14 requesting direction of the Board. I After discussion, it was the consensus of the Board to request the County Manager to contact the Board of Education and request another date. ADJOURNMENT Commissioner O'Shields MOVED, Retchin to adjourn the meeting. CARRIED UNANIMOUSLY. SECONDED by Vice-Chairman Upon vote, the MOTION Chairman Barfield adjourned the meeting at 11:05 o'clock P.M. Respectfully submitted, ~F~~ Clerk I I