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HomeMy WebLinkAbout1987-01-05 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 r 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