1987-01-05 Regular Meeting
380
MINUTES OF SPECIAL MEETING, DECEMBER 22, 1986 (CONTINUED)
CHANGE OF TIME FOR REGULARLY SCHEDULED MEETING OF JANUARY 5,
1987
County Manager Cooper commented
for the meeting of January 5,
Commissioners would like to begin
instead of 7:00 o'clock P.M.
on the lengthy agenda
1987, asking if the
at 4:00 o'clock P.M.
After discussion, it
change the time of the
January 5, 1987, to 4:00
beginning at 7:00 o'clock
was the consensus of the Board to
regularly scheduled meeting for
o'clock P.M. with Public Hearings
P.M.
DISCUSSION OF ACCIDENT ON HIGHWAY 421
Vice-Chairman Dolan commented on the accident which
occurred on Highway 421, South expressing two concerns: (1)
inadequate coordination of the agency directly in charge of
rescuing victims from vehicles wheth8r the vehicle is on
fire or not; and (2) the lack of heavy duty equipment to
rescue vicitms when trapped under trucks.
Larry Ray, Director of Emergency Medical Services,
commented on the incident expressing concern for a lack of
coordination stating this problem was being addressed by he
and the Sheriff. Mr. Ray commented on the costs involved in
purchasing and maintaining heavy duty equipment stating most
counties contract with various local companies owning this
type of equipment for use in emergency rescues.
After further discussion, it was the consensus of the
Board, for the Director of Emergency Medical Services to
address the concerns expressed.
ADJOURNMENT
Commissioner Corbett MOVED,
Barf ield to adj ourn the meeting.
CARRIED UNANIMOUSLY.
SECONDED by Commissioner
Upon vote, the MOTION
.r
Chairman O'Neal adjourned the meeting at 10:23 o'clock
P.M.
Respectfully submitted,
~lfY~
Lucie F. Harrell
Clerk
MINUTES OF REGULAR MEETING, JANUARY 5, 1987
I
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Monday, January 5, 1987, at 4:00 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 Jonathan Barfield,
Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman
John Dolan; Chairman Nolan O'Neal; County Manager, G. Felix
Cooper; County Attorney, Robert W. Pope; and Clerk to the
Board, Lucie F. Harrell.
The invocation was given by Reverend Duane Cook, Pastor
of the Cape Fear Gospel Mission.
Chairman O'Neal called the meeting to order.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
38:
APPROVAL OF MINUTES
Commissioner Retchin MOVED, SECONDED by Commissioner
Corbett to approve the minutes of the Regular Meeting of
December 15, 1987, as presented with the following addition:
Vice-Chairman Dolan requested the minutes to reflect
that Mr. Roger Hall, an FAA Certification Inspector,
did state that other alternatives could be submitted
and acceptable to FAA with reference to the Vehicle
Operator's Policy at the Airport..
I
Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman O'Neal asked if anyone present wished to speak
on an item not listeU on the Regular Agenda or any item
listed on the Consent Agenda. No one commented.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Dolan requested discussion of Item 2 and
Item 3.
Item #2---Vice-Chairman Dolan questioned the "floating
secretary position" asking if someone already in a part-time
position working for the County would be used or would the
County hire from the outside? Personnel Director Mallette
stated an employee in a part-time position now working for
the County and would be transferred to Personnel for the
floating position.
I
Vice-Chairman Dolan questioned the Fire Marshal being
assigned to the Inspections Department. He expressed
concern for the Fire Marshal becoming involved in building
inspection work asking who would be over this position for
supervision and direction.
County Manager Cooper stated the Fire Marshal would
report directly to him for policy direction from the County
Commissioners; however, for budgetary administration and
housing, this position had been placed under the Inspections
Department.
Item #3---Vice-Chairman Dolan questioned the reason for
one response to the bid for paving improvements to the back
parking area at the Department of Aging.
County Attorney Pope stated this was an informal bid
since the project cost was only $6,000 stating the County
did forward offers to various contractors with Cap~ Fear
Paving, Inc. being the only company to respond.
, ~,
..'
Item #9---George Rountree, Attorney representing
Malcolm Lowe, presented a resolution for adoption reflecting
the transfer of the Hertz Franchise owned by Malcolm Lowe to
Hertz Rent A Car.
I
After discussion, Vice-Chairman Dolan MOVED, SECONDED
by Commissioner Corbett to approve the following Consent
Agenda items and resolution presented by Attorney Rountree.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution for Addition of Roads to the State
Maintained Secondary Road System
The Commissioners adopted resolutions adding the
following roads to the State Maintained Secondary Road
System:
Ifi: .
Eagles Nest Drive (Extension of SR 1726);
Sparrow Hawk Court; Talon Court; (Division
File 535-N); Osprey Lane (Extension of SR
1727); Whisper Creek Lane (Division File
538-N)
382
MINUTES OF REGULAR MEETING. JANUARY 5, 1987 (CONTINUED)
Florence Drive - Marathon Farms
Subdivision (Division File #553-N)
Aquarius Drive, Extension of SR 1850
(Division File #554-N)
Copies of resolutions are contained in Exhibit Book XV,
Page 4.
Approval of Floating Secretary Posi tion Personnel
Department
The Commissioners approved the transfer of a part-time
secretary position currently budgeted in Emergency Services
to the Personnel Department for a Floating Secretary
Position with approval of the following Budget Amendment:
87-00000109 Various Departments
Debit
Credit
Emergency Services/Fire Protection
Salaries & Wages
Social Security Taxes
Retirement - Local Govt. Employee
Medical Insurance
Contracted Services
M & R - Auto & Trucks
Departmental Supplies
Travel, Meetings, & Schools
Capital Outlay - Equipment
$14,443
1,211
1,405
936
24,462
1,000
948
1,400
9,000
Emergency Services
Salaries and Wages
Social Security Taxes
2,160
155
Inspections/Fire Prevention
Salaries & Wages
Social Security Taxes
Retirement - Local Govt. Employee
Medical Insurance
Contracted Services
M & R - Auto & Trucks
Travel, Meetings & Schools
$12,343
1,211
1,405
936
24,462
1,000
1,400
Inspections/Fire Prevention
Capital Outlay - Equipment
Uniforms
Auto Expense
9,000
600
1,500
Inspections
Departmental Supplies
948
Personnel
Salaries and Wages
Social Security Taxes
2,160
155
To transfer temporary section to Personnel to function as
a floating secretary. Establishment of Fire Marshal as a
separate organization in the Inspections Department.
Award of Bid to Cape Fear Paving - Department of Aging
The Commissioners awarded a contract to Cape Fear
Paving, Inc. in the amount of $6,000 for paving improvements
on the back parking area at the Department of Aging.
Approval of Change Orders - Courthouse Renovation Project
The Commissioners approved Change Order #3 to Security
Building Company increasing the contract in the amount of
$9,805 for wall and floor renovations; and Change Order #1
to Sneeden Mechanical Company decreasing the contract in the
amount of $673.47 by deleting exhaust system in janitors'
closets.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
38:
Adoption of Project Ordinance for Building Renovation for
Emergency Medical Services
The Commissioners adopted a Project Ordinance entitled
"Building Renovation/Emergency Medical Services" wi th
approval of the following Budget Amendment to establish
budget for project:
87-00000099 Emergency Medical Services
Debit
Credit
I
Transfer In
$300,000
Architect
General Contract
Contingencies
$ 33,825
252,175
14,000
Project was previously approved in concept when the
contract was awarded to the architect.
The Project Ordinance is contained in Exhibit Book XV,
Page 4.
Approval of Budget Amendment - Social Services Department
The Commissioners approved the following Budget
Amendment for consultant fees for Department of Social
Services Building through November 30, 1986:
87-00000108 DSS/Administration
Debit
Credit
General Fund
Contingencies
$3,500
DSS/Administration
Professional Services
$3,500
I
Budget Amendment Reported for Entry Into Record
87-00000106 Non-Departmental & Parks & Recreation
Debit
Credit
General Fund
Appropriated Fund Balance
$150,000
Parks & Recreation
Other Improvements
25,000
Non-Departmental
Transfer to Capital Projects
$175,000
Adjustment to General Fund to enable transfer for Capital
Project Ordinance for Hugh MacRae Park Soccer Field Project,
approved by County Commissioners October 6, 1986.
87-00000114 Outside Agencies/Clean Community Commission
Debit
Credit
Non-Departmental
Contingencies
$ 6,800
I
OUtside Agencies
Clean Community Commission
$6,800
Increase in contribution to Clean Community which was
approved by County Commissioners on December 15, 1986.
Award of Low Bid to Skipper's Well Drilling and Pump Service
- Flemington - Engineering Department
The Commissione~~ awarded the low bid in the amount of
$22,992 to Skipper's Well Drilling and Pump Service for an
addi tional well in the Flemington area. The Chairman was
authorized to execute the contract.
384
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
Adoption of Resolution for Transfer of Hertz Franchise OWned
by Malcolm Lowe to Hertz Rent A Car
The Commissioner adopted a resolution transferring the
Hertz Franchise owned by Malcolm Lowe to Hertz Rent A Car
effective December 31, 1986.
A copy of the resolution is contained in Exhibit Book
XV, Page 4.
r
DISCUSSION OF LANEY HIGH SCHOOL EXTENSION BOARD OF
EDUCATION
Superintendent Richard F. Flynn gave a presentation on
the 40 classroom addition of Laney High School at an
approximate cost of $3,000,000. He stated the figure was
based on construction of 40,000 additional square feet at a
cost of $60-$70 per square foot including the funds needed
for purchase of furniture and equipment. He stated this
expansion would equalize the school sizes, place the ninth
grade in high school, set up the channel for better
structuring of the higher school system organizationally
through grade placement, and facilitate improvement of
facilities at all levels by eliminating older buildings and
mobile units. He requested approval from the County
Commissioners to proceed with the $ 3,000,000 expansion of
Laney High School.
A lengthy discussion was held on the number of students
per classroom and how the number of rooms were determined in
design of an addition such as Laney High School.
Superintendent Flynn stated the number of students per
classroom was determined by state law.
Discussion was also held on the number of classrooms
available and allocation of students per school.
Vice-Chairman Dolan expressed concern for confusion about
whether or not New Hanover County is short of classrooms
stating he felt the classrooms were available but it was a
question of where and how the Board of Education wanted them
utilized.
r
Discussion was held on the middle school concept.
Superintendent Flynn stated the middle school concept did
not and would not have any effect on the Laney High School
expansion. He stated this concept would help alleviate
overcrowding at the elementary level and assist in
developing a three zone school system which would allow
students beginning in elementary schools to remain in the
same area through high school.
Discussion was held on redistricting. Vice-Chairman
Dolan asked what was wrong with redistricting. Dr. Jeremiah
partrick commented on redistricting stating this process was
to be minimized as much as possible in the future to allow a
child to attend school from elementary to high school in a
certain sector of the County. He stated the process was
quite unpopular with the general public. Vice-Chairman
Dolan, again expressed concern for knowing the exact number
of classrooms available.
r
After discussion of funding commitments by the County
to projects underway and additional needs such as an
expansion to the Health Department, and improvements to
other County facilities, Commissioner Barfield recommended
further discussion of this issue at the retreat to be held
in Southern Pines on January 15-17, 1987.
After discussion, it was the consensus of the Board to
discuss the funding request at the retreat.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
38!
APPROVAL OF NOTICE OF INTENTION TO APPLY TO THE LOCAL
GOVERNMENT COMMISSION FOR APPROVAL OF ISSUANCE OF BONDS FOR
THE NEW HANOVER COUNTY MUSEUM EXPANSION
Mr. David W. Carnell, Chairman of the New Hanover
County Museum Board of Trustees, presented plans for a $4.2
millon expansion of the County Museum. He requested
approval from the County Commissioners to hold a bond
referdendum in March for improving the county museum
facilities and construction of a new building, including the
acquisition of land and furnishings.
I
Commissioner Corbett questioned the current site as the
best location for the museum in the future. Discussion was
held on various locations with the general consensus that
selection of another site would involve additional costs and
that the current site was convenient to the downtown area.
After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Corbett to approve the bond referendum as
requested by the Museum Board of Trustees for March 31,
1987, and publish the Notice of Intention to file an
application with the Local Government Commission for
approval of the issuance of bonds in the amount of $4.2
million subject to the approval of the voters of New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
I
APPROVAL OF SALE OF REAL PROPERTY, PARCEL #16, BLOCK 14,
OWNED BY NEW HANOVER COUNTY TO THE HISTORIC WILMINGTON
FOUNDATION
Mr. Donald Britt, President of the Historic Wilmington
Foundation, gave background information on the house donated
by Dr. Bertram Williams and the purchase of a County owned
lot, which is located on Grace Street between Fourth and
Fifth Streets, for placement of the house. He stated the
Historic Wilmington Foundation would move the house and
continue to market the property for renovation. He stated
the property now has a tax value of $13,010 stating when
renovated, the property tax value will be $75,000 to $80,000
at a minimum.
Mr. Britt stated in order to solve the parking problem
for county employees, the Historic Foundation was willing to
purchase only a portion of the lot leaving 32 feet for
parking use. He also commented on an adjacent lot owned by
the City and County stating this would accommodate all
vehicle assignments through a lease arrangement ($l/year)
with City of Wilmington.
Commissioner Barfield stressed the importance of
providing adequate parking spaces for County employees.
Vice-Chairman Dolan commented on the length of time
involved under a lease agreement with the City of Wilmington
for use of this lot. He expressed concern for selling
propert? now and having to acquire land at a later date to
provide ample parking which would be much more costly to the
taxpayer of New Hanover County.
I
After further discussion, Commissioner Corbett MOVED,
SECONDED by Commissioner Retchin to adopt the resolution
subject to the availability of parking spaces for employees
and authorize Assistant County Manager Gornto to dispose of
the property by private sale to the Historic Wilmington
Foundation. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book
XV, Page 5.
APPOINTMENT OF COUNTY COMMISSIONERS TO SERVE ON CITY/COUNTY
STUDY COMMITTEE FOR REVIEW OF PROPOSED CONSOLIDATION CHARTER
Commissioner Retchin commented on appointment of County
Commissioners to serve on a joint City/County Study
386
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
Committee to receive and review all comments, suggestions,
and changes of the proposed Consolidation Charter. He
stated the County Attorney and City Attorney were editing
the proposed charter and would distribute copies within the
next week.
Discussion was held on establishment of the committee
and the number of members to serve. After discussion,
Commissioner Retchin MOVED, SECONDED by Commissioner Dolan
to appoint three County Commissioners and three City Council
Members to serve on a joint City/County Study Committee to
receive and review comments, suggestions, and changes of the
edited proposal with a final proposal being presented to
both governing bodies in a j oint meeting. All governing
bodies will have 30 days upon receipt of the edited proposal
to respond to the Study Committee. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman 0' Neal opened the floor for nominations of
Commissioners to serve on the Study Committee.
Vice-Chairman Dolan nominated Commissioner Corbett to
serve on the Study Committee.
Chairman O'Neal nominated Commissioner Barfield to
serve on the Study Committee.
Commissioner Corbett nominated Fred Retchin to serve on
the Study Committee.
There being no further nominations, Chairman O'Neal
closed the nominations.
Vice-Chairman Dolan MOVED, SECONDED by Chairman O'Neal
to appoint Commissioner Barfield, Commissioner Corbett, and
Commissioner Retchin to serve on the Study Committee. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED FOR DINNER
Chairman 0' Neal recessed the meeting for dinner from
6:05 o'clock P.M. to 7:03 o'clock P.M.
PUBLIC HEARINGS
Notice was given that a Public Hearing would be held by
the Board of County Commissioners of New Hanover County on
Monday, January 5, 1987, at 7:00 o'clock P.M. in the
Assembly Room of the County Administration Building, 320
Chestnut Street, Wilmington, North Carolina to consider the
fOllowing:
CONTINUANCE OF PUBLIC HEARING TO CONSIDER ISSUANCE OF A
SPECIAL USE PERMIT TO SHIRLEY JOHNSON TO LOCATE TWO MOBILE
HOMES ON A FIFTEEN ACRE TRACT AT THE EASTERN TERMINUS OF
GLADIOLUS ROAD
Planning Director Hayes and Planner Avery showed slides
and gave background information on the issuance of the
Special Use Permit for placement of two mobile homes.
Chairman 0' Neal asked anyone present wishing to give
testimony to step forward to be sworn in by the Clerk. The
following persons were sworn in:
Ms. Shirley Johnson
Mr. Malcolm Johnson
Mr. Michael Wells
Mr. Herny Brown
Ms. Margaret Hocutt
Chairman 0' Neal opened the Public Hearing and asked
if anyone present wished to speak in favor of issuing the
Special Use Permit. The fOllowing persons commented:
Ms. Shirley Johnson, the petitioner, stated she owned
15 acres on Gladiolus Road and was requesting permission to
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
38
place two mobile homes on this land. She stated one mobile
home would be occupied by her son and requested approval of
the Special Use Permit.
Mr. Malcolm Johnson stated the mobile homes would be
located at least 800 to 1,000 yards from any adjoining
property owner.
I
Planning Director Hayes asked Ms. Johnson if she was
satisfied with the slides and findings presented by the
Planning Staff. Mr. Johnson stated she concurred.
Mr. Michael Wells, an adjacent property owner, stated
he did not object to placement of the mobile homes.
Chairman O'Neal asked if anyone present wished to speak
in opposition to issuance of the Special Use Permit. The
following persons commented:
Mr.
property
property
area.
Jerry Brown and Ms. Margaret Hocutt, adjacent
owners, expressed concern for devaluation of their
and the creation of more drainage problems in this
Commissioner Barfield expressed concern for rental of
one of the mobile homes.
A lengthy discussion was held on the residential area
and homes located in the vicinity with concern for value of
property in this area.
Chairman O'Neal closed the Public Hearing.
I
Vice-Chairman Dolan MOVED, SECONDED by Commissioner
Barf ield to deny issuance of the Special Use Permit to
locate mobile homes on the requested property since the use
will substantially injure the value of adjoining or abutting
property.
After further discussion, Vice-Chairman Dolan withdrew
his motion and MOVED, SECONDED by Commissioner Corbett to
continue the Public Hearing until February 2, 1987, in order
for the Commissioners to further study the issue and visit
the site.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE
PLANNING BOARD TO DEDICATE RACINE DRIVE BETWEEN ORIOLE
DRIVE AND EASTWOOD ROAD
Planning Director Hayes gave background information on
the petitioner's request to dedicate right-of-way to
accommodate the eventual construction of Racine Drive. He
stated Racine Drive is classified as a minor thoroughfare on
the Wilmington/New Hanover Thoroughfare Plan and based on
goals of the Thoroughfare Plan and subsequent actions by
local governing bodies, the Planning Staff recommended the
proposed road right-of-way dedication be accepted. Planning
Director Hayes stated the Planning Board denied the request
until the entire road could be presented for dedication.
I
Chairman 0' Neal opened the
anyone present would like to
dedication of Racine Drive.
commented:
Public Hearing asking if
speak in favor of the
The following persons
David Barefoot, Attorney representing the petitioner,
Jim Teachey, gave background information on the proposed
road which is located 650 feet east of N. C. 132 and north
of Oriole Drive. The new road called Racine Drive will run
northward and connect with Eastwood Road. He stated
construction of this road will serve as a maj or access to
UNC-W from Eastwood Road and divert much of the UNC-W
traffic at the northern entrance from the local streets of
College Acres. The road should also provide better access
for fire and emergency vehicles.
388
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
Vice-Chairman Dolan asked when the City would complete
the the link on the south side of Oriole Drive. Planning
Director Hayes stated in checking with the City, this
extension was involved in a project, which if approved by
the City, would require completion of the link. However,
the developer is currently having financial problems with
the proposed project, consequently, the time cannot be
determined.
Mr. John Maye, a resident of Dixon Acres, stated
construction of this road would provide better access for
emergency and fire vehicles in his neighborhood.
r
Mr. J. B. Stewart, a resident of Cardinal Drive, stated
construction of the road would help to alleviate traffic
problems in his area.
Chairman O'Neal asked if anyone present would like to
speak in opposition to the dedication of Racine Drive. The
following persons commented:
Mr. Bernie Bentley, a resident of Clear Run Drive,
commented on the traffic problem stating approval of this
road would only increase the traffic. He recommended
approving Racine Drive to within 150 ft. of Oriole Drive
stubbing off until Racine Drive is completed through the
apartment complex.
Mr. Terry Carroll, a resident located on the corner of
Raccine and Oriole Drive, expressed concern for his six-year
old children and current traffic in this area. He requested
denial of the request.
Mr. William Herman, a resident of College Acres,
expressed concern for the assumption that construction of
Racine Drive would decrease traffic in the area. He
recommended an extension of Hooker Road into the UNC-W
Campus. Commissioner Retchin stated this extension was on
the Thoroughfare Plan.
r
Mr. Wes French, 202 South Cardinal Drive, expressed
concern for the present traffic and requested closing off
Racine Drive until the road is completed through to UNC-W.
Commissioner Corbett asked if the County could legally
deny dedication of the road from Eastwood Road to Oriole
Road. County Attorney Pope stated the Subdivision Ordinance
is not clear; however, he felt nonacceptance of the
dedication of the road on the property owned by the
developer would create a problem.
Mr. James Braswell, and Charles Benson, residents of
College Acres, commented on the problem created by stubbing
off the road at the corner of Oriole and Racine Drive by
cars turning around, possibly in front yards.
Mr. Barefoot stated the petitioner would accept the
road being stubbed off 200 feet with an appropriate barrier
and turn around in accordance with the County's
specifications.
r
Chairman O'Neal closed the Public Hearing.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Corbett to accept the dedication of
Racine Drive as preliminary approval under the County
Subdivision Ordinance with the developer placing a fence 200
feet from the terminus on the Oriole Drive side with a
temporary turn around. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
38
PUBLIC HEARING
PLANNING BOARD
OF ORIOLE DRIVE
FROM
TO CONSIDER AN APPEAL OF DENIAL BY THE
TO REZONE APPROXIMATELY 11 ACRES NORTH
AND SOUTHEAST OF MARKETPLACE TO B-2 BUSINESS
R-15 RESIDENTIAL
Planning Director Hayes gave background information on
the rezoning request stating the Planning Board denied the
request due to expansion of a commercial zone prior to
construction of Racine Drive. He stated the denial was
based upon the construction of Racine Drive.
I
Chairman 0' Neal opened the Public Hearing asking if
anyone present wished to speak in favor of the rezoning
request. The following person commented:
Mr. David Barefoot, Attorney representing the
petitioner, gave background information on the rezoning
request stating the request would be reduced by 15 feet
which would provide a 15 foot buffer. He stated the highest
and best use of the property would be for commercial use.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the rezoning request. The following
persons commented expressing concern for traffic and
overdevelopment of the College Acres area requesting some
protection of the residential area:
Dr. Murray Seidel
Ms. Mary Elizabeth Hood
Mr. Wes French
Mr. Bernie Bentley
Mr. Bill Herman
Mr. John Carraway
Pastor Alfred Brown
I
Vice-Chairman Dolan expressed concern for the amount of
development in College Acres stating that most of the
development had occurred wi thin the City Limits under the
City's Zoning Ordinance not in the unincorporated area.
Vice-Chairman Dolan commented on the existing traffic
problem created by overdevelopment stating he felt
construction of Racine Drive would help to relieve the
traffic problem in College Acres and that rezoning would be
necessary for the developers to begin the project and
construct the road.
Vice-Chairman Dolan MOVED, SECONDED by Commissioner
Barfield to rezone the property encompassing 11.6 acres
located north of Oriole'Drive, west of the Racine Drive road
dedication and south of Marketplace to B-2 Business from
R-15 Residential with the following exception: that a ten
(10) foot strip at the inunediate southern boundary remain
R-15 Residential providing additional buffering to
properties along Oriole Drive. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
I
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972," is contained
in Zoning Book II, Section 9-B, Page 61.
BREAK
Chairman O'Neal recessed the meeting for a break from
9:30 o'clock P.M. to 9:45 o'clock P.M.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE
PLANNING BOARD TO REZONE 20,000 SQUARE FEET AT THE SOUTHEAST
CORNER OF LONG RIDGE ROAD AND NORTH COLLEGE ROAD TO B- 2
BUSINESS FROM R-15 RESIDENTIAL
Planning Director Hayes and Planner Avery showed slides
and gave background information on the rezoning request
stating the Planning Board denied the rezoning due to
expansion of commercial zoning into an adjoining
390
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
subdivision. Planning Director Hayes stated the Planning
Staff recommended 0&1 rezoning as a transitional use from
commercial acti vi ties to the west and residential uses to
the east with agreement by the Planning Board.
Chairman 0' Neal opened the Public Hearing asking if
anyone present wished to speak in favor of the rezoning
request. The following person commented:
Mr. Andy Aretakis, representing the petitioners, stated
after discussion with adjacent property owners, the
petitioners would like to request 0&1 Office and Institution
Zoning for the 20,000 square feet.
r
Chairman O'Neal asked if anyone present would like to
speak in opposition to the rezoning request. The following
person commented:
Mr. Richard Collins, a homeowner on Long Ridge Road,
expressed concern for the quality of living by commercial
encroachment and requested denial of the rezoning request.
Chairman O'Neal closed the Public Hearing.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Retchin to rezone the property to
0&1 with the required buffers stated in the Zoning Ordinance
for this district classification. 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. 8B OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 7, 1972," is contained
in Zoning Book II, Section 8B, Page 24.
PUBLIC HEARING TO CONSIDER A REQUEST BY K.L.R. DEVELOPMENT
TO REZONE . 39 ACRES AT THE NORTHEAST CORNER OF BRADLEY DRIVE
AND OLEANDER DIRVE
Planning Director Hayes gave background information on
the rezoning request stating the Planning Board unanimously
approved the request. He recommended approval if no
opposition was present.
Chairman O'Neal opened the Public Hearing asking if
anyone present wished to speak in opposition to the rezoning
request. No one commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Retchin MOVED, SECONDED
by Commissioner Corbett to approve rezoning .39 acres at the
Northeast corner of Bradley Drive and Oleander Drive to 0&1
Office and Institutional from R-15 Residential. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF
AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF
COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15,
contained in Zoning Book 1, Section 2, Page 23.
NEW HANOVER
NEW HANOVER
1969," is
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PUBLIC HEARING TO CONSIDER APPROVAL OF MINOR REVISIONS TO
THE 1986 WILMINGTON/NEW HANOVER LAND USE PLAN
Planning Director Hayes and Planner Dave Weaver gave
background information on revisions suggested by the N. C.
Division of Coastal Management to the 1986 Wilmington/New
Hanover Land Use Plan. He requested approval of the
following revisions:
1. Addition of policies to 1.2(6) and 1.2(7) and
associated implementation actions dealing with marinas and
floating home development.
2. Addition of policy 1.5 ( 5) and associated actions
concerning preservation of historic and cultural resources.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
.,
39:
3. Addition of policy 3.3(8) concerning on-shore oil
refinery development.
Chairman 0' Neal opened the Public Hearing asking if
anyone present wished to speak in favor of the revisions to
the Land Use Plan. No one commented.
I
Chairman O'Neal asked if anyone present would like to
speak in opposition to the revisions of the Land Use Plan.
The following persons commented:
Mr. Harry Oakes, representing property owners on the
northern end of Navaho Trail, expressed concern on
inadequate notification to property owners, which is
required by State law, on revisions to the Land Use Plan
which change property classification and the use of that
property. He requested rejection of the proposed revisions.
Planning Director Hayes commented on a land
classification map which is incorporated into the land use
planning process. He stated the land use planning process
in New Hanover County was established to tie the Zoning
Ordinance to the Land Use Plan and because of some changes
in the Land Use Plan certain uses of property in the County
were impacted by adoption of the plan.
Planner Dave Weaver commented on
Hearings held throughout the County
updating the Land Use Plan stating
expressed at these meetings.
the numerous Public
in the process of
no opposition was
Commissioner Barfield commented on the importance of
proper notification to property owners through a more direct
means.
I
Mr. Nathan Sanders, a property owner on the northern
end of Navaho Trail, expressed concern for no notification
to property owners of a change in classification from
Transitional, which allows high density, to Resource
Protection, which allows less density, thereby creating a
lower use of the property. Mr. Sanders respectfully
requested consideration of moving the land use
classification line back to Masonboro Loop Road and, in the
future, proper notification to property owners when
revisions to the Land Use Plan will down zone property.
Planning Director Hayes commented on an appeal process
to amendments of the Land Use Plan and stated Mr. Sanders
could file an appeal if he felt this was necessary.
Chairman O'Neal closed the Public Hearing.
Chairman O'Neal commented on proper notification of the
Land Use Plan through Public Hearings stating he attended
many of the meetings. He complimented the Planning Staff
for an excellent job.
I
Commissioner Retchin expressed
classified as Transitional being
Resource Protection.
concern for an area
suddenly classified
Planning Director Hayes stated reclassification of this
area was to correspond with creeks amd sounds, in the County
where watersheds feed into the them. He stated this was
consistent with policies, surveys, and comments in preparing
the Land Use Update. He stated certain performance criteria
have been established and must be met to be consistent with
the Land Use Plan before development can begin.
392
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
After further discussion, Vice-Chairman Dolan MOVED,
SECONDED by Commissioner Retchin to adopt the revisions of
the Land Use Plan. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER APPROVAL OF ZONING
TEXT AMENDMENTS TO ACCOMMODATE THE POLICIES AND OBJECTIVES
OF THE 1986 WILMINGTON-NEW HANOVER LAND USE PLAN
Planning Director Hayes gave background information on
amendments to accommodate the revised Land Use Plan.
Chairman O'Neal expressed concern for the proposed
amendment to allow only Class IV centralized sewage
treatment plants to discharge into public surface waters.
Planner Weaver gave background information on the
reason for Class IV sewage treatment plants stating these
plants were monitored by qualified personnel more frequently
than Class II. He stated several large treatment plants,
rather than numerous small plants, would have less impact on
recreational uses of waterways throughout the County and
help alleviate the number of package treatment plants
installed.
A lengthy discussion was held on development and
installation of sewage treatment plants before completion of
the County Sewer System.
Mr. William Grathwol, a general contractor, expressed
concern for the Class IV requirement requesting no action be
taken on this item.
Chairman 0' Neal recommended continuing the 'Public
Hearing until further study could be made stressing the
complexity of the issue.
After further discussion, Commissioner Corbett MOVED,
SECONDED by Commissioner Barfield to continue the Public
Hearing and defer action on the proposed amendments for
further study by the Planning Department with input from
developers. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER APPROVAL OF COMPREHENSIVE
REVISIONS TO THE MOBILE HOME AND TRAVEL TRAILER PARK
ORDINANCE
Planning Director Hayes gave background information on
revisions to the Mobile Home and Travel Trailer Park
Ordinance. He stated key changes include the following:
1. Increase in minimum lot size to 6,000 square feet.
2. Limiting density of mobile home parks to 2.5
dwelling units per net acre in areas classified
Rural, Resource Protection and Conservation.
3. Not allowing the use in a flood plain.
4. Increasing the recreation space per mobile home to
500 square feet but exempting parks with five (5)
or fewer spaces if the lots average greater than
10,000 square feet.
5. Requiring all spaces to be identified with lot
number.
6. Establishing more specific buffer requirements.
7. Requiring paving of all roads in parks serving 10
or more spaces.
8. Clarifying site plan requirements and approval
process.
9. Allowing sureties for road work and landscaping.
r
Planning Director Hayes stated the proposed revisions
are the first revision to the original ordinance adopted in
1970. He stated the Planning Board recommended adoption of
the revised Mobile Home and Travel Trailer Park Ordinance.
Planning Director Hayes stated the revised ordinance would
not have impact on existing mobile home parks.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
39
Planner Avery commented on a rumor circulating that the
County was going to impose a user fee for water and sewer
connections wi thin mobile home parks. He stated this was
not true, but that the City of Wilmington was imposing this
fee which would not have an impact on mobile homes located
in the unincorporated areas of the County.
I
Chairman 0' Neal opened the Public Hearing asking if
anyone wished to speak in opposition to revisions of the
Mobile Home and Travel Trailer Park Ordinance. The
following persons commented expressing concern for a lack of
notification and the negative impact on mobile home parks:
Mr. Billy Cole
Mr. Roger Wolfe
Ms. Pat Crews
Mr. Jim Dance
Mr. George Edmundson
Mr. Warren Grant
Mr. Walton Koonce
A lengthy discussion was held on notification to mobile
home park owners and input from these owners on the proposed
amendments to the ordinance.
Chairman O'Neal closed the Public Hearing.
After discussion, it was the consensus of the Board
to return the amendments to the Planning Staff for further
study with selection of representatives from the mobile home
parks providing input on amendments that will be more
suitable for all involved.
I
BREAK
Chairman O'Neal recessed the meeting for a break from
11:55 o'clock P.M. to 12:01 o'clock A.M.
DENIAL OF RESOLUTION OF INTENT TO CLOSE A PORTION OF PARK
AVENUE IN THE SEABREEZE COMMUNITY
After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Retchin to cancel the Public Hearing on the
intent to close a portion of Park Avenue in the Seabreeze
Community due to no water access which is inconsistent with
the County's Policies and Land Use Plan. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF RECOMMENDATION FOR AMBULANCE SERVICE
Director of Emergency Medical Services, Larry Ray, gave
background information on notification from Comprehensive
Home Health Care to cancel their contract wi thin 60 days
which provides non-emergency ambulance service for New
Hanover County. He stated additional personnel and vehicles
would be required to incorporate this service under
Emergency Medical Services.
I
A discussion was held on revenues received from this
service with data to be furnished on plans for improved
collection of EMS charges and possible rate increases.
County Manager Cooper recommended approval of a budget
amendment increasing the EMS budget by $89,859 covering the
hiring of a maximum of 12 additional employees as needed and
the purchase of 2 ambulances from Ashley Emergency Vehicles.
Vice-Chairman Dolan questioned the receipt of rough
estimates from Transmed asking if there were not more
accurate records available and why the poor collection
record? He stated after visiting many other counties, their
394
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
collection rate was much higher than in New Hanover County.
Finance Director Atkinson stated most Counties have the
same problem with collections and average a 30% collection
rate. He stated the Finance Department had never been
directed by the Board of Commissioners to become a
collection agency.
Discussion was held on the current method of billing
and obtaining correct addresses. After further discussion,
Vice-Chairman Dolan recommended formulating a better method
of obtaining identification of patients asking where the
breakdown was occurring. After further discussion, it was
the consensus of the Board to request the County Manager to
approach the hospital for assistance in collecting emergency
ambulance billings.
r
After further discussion, Commissioner Retchin
MOVED, SECONDED by Commissioner Corbett to adopt the plan to
provide non-emergency ambulance service under the Emergency
Medical Services Department and to adopt a resolution for
the purchase of two ambulances with approval of the
following Budget Amendment:
87-00000115 Various Departments
Debit
Credit
Emergency Services
Appropriated Fund Balance
Scheduled Transport Fees
$89,859
35,379
Emergency Medical Services
Salaries & Wages
Social Security Taxes
Medical Insurance
Motor Vehicle
Capital Outlay
Department Supplies
$52,846
4,352
4,680
52,760
2,000
8,600
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book
XV, Page 5.
DISCUSSION OF VEHICLE OPERATOR'S POLICY - NEW HANOVER COUNTY
AIRPORT
Assistant County Attorney Silliman gave background
information on a meeting held between Chairman O'Neal,
County Manager Cooper, a Jetstream representative, and Air
Control Tower representative to discuss the Vehicle
Operator's Policy at the Airport. County Attorney Silliman
stated the main change in the revised policy defined the
types of vehicles allowed on movement areas at the Airport
including fuel trucks. He stated other control measures were
instituted with the termination of the old procedure to rely
on flashing lights when crossing the runway if radio
equipment fails. He stated a vehicle experiencing radio
failure must stop, move off the runway, and stay until a
radio assistance vehicle is available to provide guidance.
Assistant County Attorney Silliman presented a draft
letter to be signed by the Chairman and forwarded to FAA
explaining the revisions of the Vehicle Operator's Policy.
r
Discussion was held on a tenant's responsibility to
maintain a safe operation on the Airport. County Attorney
Silliman recommended drafting a letter to tenants stating
under the Airport Ordinance any runway incursion is evidence
of an unsafe operation which will forfeit their right to
cross the runway. He stated he would prepare the letter for
presentation at the next regularly scheduled meeting.
MINUTES OF REGULAR MEETING, JANUARY 5, 1987 (CONTINUED)
3 9 ~
After discussion, it was the consensus of the Board to
adopt the revised Vehicle Operator's Policy as presented.
A copy of the revised policy is on file in the Clerk's
office.
EXECUTIVE SESSION
County Attorney Pope requested Executive Session to
discuss a litigation matter.
I
Commissioner Corbett MOVED, SECONDED by Vice-Chairman
Dolan to hold an Executive Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman O'Neal recessed the Regular Session to
Executive Session at 12:50 o'clock A.M.
Commissioner Retchin MOVED,
Dolan to reconvene to Regular
MOTION CARRIED UNANIMOUSLY.
SECONDED by Vice-Chairman
Session. Upon vote, the
Chairman O'Neal reconvened to Regular Session at 12:55
o'clcok A.M.
I
DISCUSSION OF RESOLUTION ADOPTED BY THE NORTH CAROLINA
ASSOCIATION OF COUNTY COMMISSIONERS CONCERNING ADDITIONAL
RETIREMENT BENEFITS FOR LOCAL LAW ENFORCEMENT OFFICERS
Vice-Chairman Dolan commented on the proposed
resolution adopted by the North Carolina Association of
County Commissioners to mitigate consequences of the
legislature's action in enacting House Bill 2130 which
increased retirement benefits for law enforcement officers.
He requested the New Hanover County Board of Commissioners
go on record at the Legislative Goals Conference to be held
in Fayetteville, January 13-14, 1987, as being opposed to
adoption of this resolution.
After discussion, Vice-Chairman Dolan MOVED, SECONDED
by Commissioner Corbett to authorize the Voting Delegate,
Commissioner Retchin to vote against this proposed
resolution at the confernce. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
DISCUSSION OF USE OF DART VAN FOR JILL CASEY
Vice-Chairman Dolan requested approval of funding for
Jill Casey to use the DART van for transportation to and
from UNC-W. He stated the issue of providing transportation
for severely handicapped citizens in the County should be
addressed.
Discussion was held on other persons being eligible for
this type of transportation. After further discussion, it
was the consensus of the Board to contract through the
Health Department with the City of Wilmington to provide
this service.
I
After further discussion, Vice-Chairman Dolan MOVED,
SECONDED by Commissioner Corbett to request the County
Manager to prepare a Budget Amendment for funding through
June 30, 1987, to be presented at the next regularly
scheduled meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADJOURNMENT
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to adjourn the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal adjourned the meeting at 12:43 o'clock
A.M.
~'~~?1~Ubmitted,
~. Harrell
Clerk