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1987-02-02 Regular Meeting 4 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 2, 1987, at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. " I ~ 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. Chairman O'Neal called the meeting to order. Reverend William C. Simpson, Jr., Pastor of Wesley Memorial Methodist Church, gave the invocation. APPROVAL OF MINUTES Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the minutes of the Regular Meeting of January 5, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone from the general public would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following person commented: I' Request for Continuance of Public Hearing to Consider an Appeal of Denial by the Planning Board to Rezone Approximately 2.75 acres on the Souths ide of Eastwood Road, West of Rogersville Road to B-1 Business from R-15 Residential ~ Mr. Addison Hewlett,Jr., Attorney representing the petitioner, requested continuance of Item #13 in order to allow time for presentation of facts and issues involved. Chairman O'Neal asked if anyone present was opposed to continuing the Public Hearing. No one commented. Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to continue the Public Hearing until March 2, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA After discussion of respite care and the Emergency Heating Assistance Program, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the following Consent Agenda items: CONSENT AGENDA " Adoption of Proclamation to Proclaim the Month of February 1987, Human Relations Month The Commissioners adopted a proclamation designating the month of February 1987, as Human Relations Month. 'u A copy of the proclamation is contained in Exhibit Book XV, Page 7. Approval of Burglary Alarm System Fees The Commissioners approved Burglary Alarm System fees as follows to become effective April 1, 1987: HOOk-up fee $50 Annual renewal fee - $70 ----, 14 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) Adoption of Resolution for Addition of Road to State Maintained Secondary Road System The commissioners adopted a resolution for addition of the following road to the State Maintained Secondary Road System: Tennessee Avenue - Extension of SR 1709 Division File #555-N A copy of the resolution is contained in Exhibit Book XV, Page 7. ,-, Approval of Agreement for Release of Unopened Easement in Alley owned by County - Atlantic View Subdivision The Commissioners approved an agreement, release and quitclaim between New Hanover County and W. Martin Willard for release of an easement for a portion of an alley next to the County's sewer lift station and adjacent to lots in Atlantic View Subdivision. u Approval of Personnel POlicy Amendments The Commissioners approved amendments to Article III, Section 12 and 13 of the County's Personnel Policy to clarify pOlicies regarding eligibility for compensation under each section and the method of computing compensation. A copy of the amendments are contained in Exhibit Book XV, Page 7. Acceptance of Grant and Approval of Personnel Change for Tuberculosis Control - Health Department The Commissioners approved acceptance of a grant in the amount of $4,290 from the Tuberculosis Control Branch, Division of Health Services, providing funding for one half-time Licensed Practical Nurse to a full-time position for strengthening Tuberculosis control in New Hanover County. The following Budget Amendment was approved: , 87-00000142 Health Debit Credit L Tuberculosis Grant $4,290 Health Salaries and Wages Social Security Taxes Retirement $3,716 266 308 Approval of New Respite Care Program and New position - Health Department The Commissioners approved a Respite Care Program and new half-time Licensed Practical Nurse III position for implementation of the program with an increase of one additional hour per day in a half-time Clerk Typist III position. The following Budget Amendment was approved: 87-00000132 Health/Respite Care Debit Credit Health/Respite Care Social Services Block Grant Revenue $3,485 Health/Maternal Health Salaries and Wages r 498 L- Health/Respite Care Salaries and Wages Social Security Taxes Retirement Medical Insurance Telephone Postage Printing Uniforms Auto Allowance Travel , Meetings & Schools $2,520 181 210 312 140 20 20 150 280 150 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) 4 Budget Amendment - Health Department (Continued) $10,400 per year grant from Social Services Block Grant. Budgeting one-third since program begins in March. Transfer from salaries to meet required 12.5% local match. " Approval of Funding for Participation with the City of Wilmington in Studies of Sewage Flows in North Section of County The commissioners approved funding in the amount of $18,550 (the other half to be funded by the City) for County participation in two studies to be conducted by the City of Wilmington for current and potential sewage flows in the northern section of the County as well as impacts on the 23rd Street Treatment Plant. LJ Approval of Pre-application for Selected Juvenile Justice and Delinquency Prevention Projects - Cape Fear substance Abuse Center The commissioners approved submission of a pre-application for selected Juvenile Justice and Delinquency Prevention Projects for funding in the amount of $50,000 with no county match for establishment of an intensive after school program for status offenders and serious juvenile offenders. Approval of Budget Amendment for Establishment of Public Service Director Position The Commissioners approved the following Budget Amendment to establish a Public service Director's position in Administration effective March 1, 1987: 87-00000130 - Administration Debit Credit r L Contingencies Contingencies $16,843 Administration Salaries & Wages Social Security Taxes Retirement Medical Insurance Departmental Supplies Dues & Subscriptions Travel, Meetings & Schools Auto Expense capital Outlay $11,895 850 986 312 500 300 1,000 300 700 Approval of Budget Amendments - Various Departments 87-00000127 - Board of Elections Debit Credit General Fund contingencies $16,495 r I U Board of Elections Salaries and Wages Professional Services Printing Rent Communications Additional funds required for March 31, Referendum. $ 385 10,500 4,000 600 1,000 1987, Bond 87-00000122 - Landfill Debit Credit Tipping Fees - Landfill (Unanticipated Revenue) $12,000 Contracted Services $ 12,000 ;. -.l ____.._._ 16 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) Budget Amendment - Landfill - (continued) To cover the cost of excavator service for loading clay cover att the Landfill. 87-00000131 - Department of Social services Debit Credit DSS/Child Day Care Title XX Day Care (75% FFP) DSS/Child Day Care Assistance Payments $63,590 r- $ 63,590 Received additional allocation. L 87-00000130 - Department of Social Services Debit Credit DSS/Administration Admin. Grant $16,790 DSS/CP&L Intervention Program Assistance Payments $ 16,790 Received initial allocation for the fiscal year (CP&L Project SHARE). Budget Amendments Approved by Budget Officer and Reported for Entry Into the Record 87-00000136 - Outside Agencies Debit Credit General Fund Contingencies $ 5,000 , Outside Agencies/Food Bank of Lower Cape Fear Contributions to Outside Agencies $5,000 L Seed money for Food Bank of Lower Cape USDA Commodities for New Hanover County. Commissioners on January 19, 1987. Fear to distribute Approved by County 87-00000137 - Sheriff's Dept. Debit Credit General Fund Contingencies $30,341 Sheriff's Dept. Salaries & Wages social Security Taxes Medical Insurance $26,078 1,865 2,488 Establishment of four additional positions: 1 Secretary Support Services; 1 Clerk Dispatcher; and 2 Civil Deputies. DISCUSSION ON SALE OF PUBLIC RECORDS - TAX ROLES Ms. Charlotte Parker, a resident of New Hanover County, expressed concern for sale and use of tax rolls for solicitation purposes. She requested the commissioners to study this issue devising some procedure to protect citizens of the County, particularly senior citizens who become victims of money making schemes. Ms. Parker requested removal of her name and address on tax rolls being used for this purpose. ,-- L Commissioner Corbett stated he shared the same concern as Ms. Parker and questioned the legality of tax rolls being public information. Assistant County Attorney Copley commented on opinions from the Attorney General's office stating tax rolls are public records and the County has the duty and responsibility to provide these records when requested. L____ MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) 4 Commissioner Retchin commented on the possibility of legislation that would permit an individual to indicate on the tax return no use of their name and address by venders for sales purposes. Consequently, when tax rolls are purchased by venders, it would be illegal for use of that person's name and address. I' Vice-Chairman Dolan commented on the Federal Privacy Act asking if this act provided some type of protection for people in this situation. u After discussion, commissioner Corbett MOVED, SECONDED by commissioner Retchin to request the Legal Department to further study this issue with recommendations being made to the Board at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF SCHEDULED AMBULANCE TRANSPORTATION COSTS Finance Director Atkinson commented on a meeting with Mr. Ed Harris, President of Comprehensive Home Health Care, stating an agreement has been reached for a rate structure that is equitable to Mr. Harris and the County. He presented the following recommendations: 1. The flat rate for non-emergency transports would increase from $60 to $70. 2. The rate per mile would remain at $3.50. 3. For all out-of-County transports, the rate per mile would be charged from the point of pickup. 4. Each fiscal year, the Finance Office Comprehensive Home Health Care will negotiate determine a rate for their services, agreeable both parties. and to to I' i ~ 5. Any adjusted rate would be submitted to Commissioners for their approval. the After discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to accept the proposed rates as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF COLLECTION RATE - EMS BILLINGS Finance Director Atkinson gave baCkground information on various methods to improve collection of EMS billings. He stated all procedures had failed due to non-emergency transports not being handled by the County and the nature of emergency transports carrying a low collection rate. He commented on the time spent in trying to collect these accounts presenting the following recommendations: 1. Daily Billing Cycle: Each day call reports from the prior day will be billed. This will reduce lag time before an account is known to be a collection problem. " I I 2. Establishment of new position in Finance Office to file all medical insurance. This position would closely monitor the types of riders to determine whether or not the insurance would cover the services rendered. l---1 3 . Charge for splints, etc. This charge for service. supplies such as oxygen, bandages, would be over and above the standard -- -------, 18 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) 4. Attempt to get all patient information that is available from the hospital where admitted. The Legal Department will need to be involved to insure compliance with the law. 5. not pay made. Use a collection agency for all accounts that do within a certain number of days after the charge is Finance Director Atkinson requested no action be taken on recommendation #3 until further study has been made. 'l A lengthy discussion was held on working more closely with area hospitals and the use of a collection agency. LJ Vice-Chairman Dolan commented on placing the Insurance Clerk in the EMS office instead of in the Finance Office. He also commented on other issues such as working with hospi tals, use of a collection agency making a motion to request staff to further study and address these issues with recommendations being made to the Board a later date. He expressed concern for moving too rapidly on this matter. After further discussion, commissioner Barfield MADE A SUBSTITUTE MOTION SECONDED by Commissioner Retchin to approve recommendations presented with deletion of Item #3; approve the following Budget Amendment for creation of a new Clerk position; and increase the Basic Life Support rate to $70 with an increase on Advanced Life Support to $75. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman O'Neal , Voting Noe: Vice-Chairman Dolan L 87-00000150 Finance/EMS Debit Credit EMS EMS Fees $16,178 Finance Salaries & Wages social Security Medical Insurance Departmental Supplies Capital Outlay - Equipment Contracted Services $ 5,096 382 400 300 4,000 6,000 To establish new position in Finance to file insurance and funds to contract with collection agency for past due EMS bills. APPROVAL OF COMPREHENSIVE HOME HEALTH CARE AMBULANCE FRANCHISE AND MODIFIED AMBULANCE CONTRACT UPON THE SECOND READING County Attorney Pope commented on the first reading of the ordinance to amend the franchise for notice of termination from 60 days to 120 days and approval of a modified contract to comply with the amended franchise. ,-- L commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt an ordinance upon the second reading amending the Comprehensive Home Health Care Ambulance Franchise for notice of termination from 60 days to 120 days and to approve the modified contract to comply with amended franchise. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Ordinance Book I, Page 1. ,-------- - ------ -- ---- MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) l ADOPTION OF RESOLUTION OPPOSING RESTRUCTURING OFFENDER PROGRAMS IN THE CRIMINAL JUSTICE SYSTEM - MENTAL HEALTH DEPARTMENT Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt a resolution opposing State Auditor Edward Renfrow's recommendation to restructure offender programs in the Criminal Justice System. Upon vote, the MOTION CARRIED UNANIMOUSLY. " A copy of the resolution is contained in Exhibit Book XV, Page 7. L.; PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Monday, February 2, 1987, at 7: 00 0' clock P.M. in the Assembly Room of the New Hanover County Administration BUilding, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER A RECOMMENDATION BY THE PLANNING BOARD TO ADOPT A MORATORIUM ON ALL PERMITS FOR "OUTDOoR ADVERTISING" SIGNS AS DEFINED BY SECTION 23-35 OF THE ZONING ORDINANCE Chairman Hearing was moratorium on O'Neal stated the purpose of to decide on whether or not permits for outdoor advertising. the Public to place a Chairman O'Neal opened the Public Hearing asking if anyone present wished to speak in favor of placing a moratorium on permits for outdoor advertising signs. The following persons commented expressing concern for the number of outdoor signs and impact upon the esthetic beauty of New Hanover County: I' Mr. Peter Davis Mr. John Sawyer LJ Mr. M. H. Vaughan Mr. Mack McKeever Mr. Ben Washburn Mr. Jack Dunn Chairman Barfield commented on the majority of outdoor signs being erected in the City not the County stating the County's ordinance was much more restrictive. Chairman O'Neal asked if anyone present wished to speak in opposition to placing a moratorium on permits for outdoor advertising signs. The fOllowing persons commented on the small amount of space available in the County for placement of billboards; the restrictions of the present ordinance; and the importance of billboards to hotels and tourists requesting denial of the moratorium: Mr. James Pridgen Mr. Thomas Hodges Mr. Howard Green --, Chairman O'Neal closed the Public Hearing. After a lengthy discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Dolan to adopt an ordinance establishing a moratorium on issuance of building permits for outdoor advertising signs for a period of 90 days ending May 4, 1987, giving the Planning Staff time to further stUdy the issue and present a recommendation at the Board Meeting of May 4, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. -.J A copy of the ordinance is contained in Ordinance Book I, Page 1. 7671 Date #01 ... pages To From Fax . Fax # o MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE TWO MOBILE HOMES ON FIFTEEN ACRES AT THE EASTERN TERMINUS OF GLADIOUS ROAD Planning Director Hayes stated this Public Hearing was continued from the meeting of January 5, 1987, and gave background information on the request. Chairman O'Neal opened the Public Hearing aSking if anyone present wished to speak in favor of or in opposition to issuance of the Special Use Permit. No one commented. '-', After discussion of the site and surrounding properties, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to issue a Special Use Permit based on the findings of fact that the request meets specific requirements set forth in Section 72-27 of the County Zoning Ordinance as follows: (1) the proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submi tted; ( 2) the proposed use meets all required condi tions and specifications; (3) the proposed used will not SUbstantially injure the value of adjoining or abutting property; and (4) 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 is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. LJ A copy of the Special Use Permit is contained in SUP Book I, Page 25. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE 3.08 ACRES ON THE NORTH AND SOUTH SIDES OF GREENVIEW DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL - NEW HANOVER DEVELOPMENT COMPANY Planning Director Hayes and Planner Avery showed slides and gave background information on the rezoning request. Planning Director Hayes stated the Planning Board and Planning Staff recommended denial due to encroachment of non-residential activity and traffic in an existing subdivision. ,., L Chairman O'Neal opened the Public Hearing asking if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Bob Walton, Vice-Chancellor of Business Affairs, University of North Carolina - Wilmington, commented on property being transferred to the Foundation of UNC-W with proceeds from sale of property to be used for construction of an olympic 9-lane 400 meter track on University property. He stated rezoning of the property to B-2 would increase the value and make the property more marketable. He requested consideration of rezoning the property. Commissioner Corbett requested to be excused from voting on this request since he is a member of the Board of Directors of UNC-W. After discussion, Vice-Chairman Dolan MOVED, SECONDED by commissioner Retchin to excuse Commissioner Corbett from voting on the rezoning request due to a conflict of interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. A lengthy non-residential subdivision. discussion was activity and held on encroachment of traffic into an existing MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) 4 After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to deny the rezoning request due to encroachment of commercial activity into a residential area. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal " Excused: Commissioner Corbett LJ PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ESTABLISH AI, 400 FOOT SPACING REQUIREMENT BETWEEN EXISTING AND PROPOSED RESIDENTIAL CARE FACILITIES (FAMILY CARE HOMES) AND/OR DAY CARE Chairman O'Neal commented on Family Care Homes and/or Day Care Centers stressing the difference between services provided and traffic involved. Planner Avery gave background information on the proposed Zoning Text Amendment defining residential care facilities as provided in N. C. Statutes and setting a spacing requirement. He commented on concern expressed by citizens of the County for concentration of group homes in one area. Planner Avery presented background information on state regulations permi tting 2,000 foot spacing for residential care centers between existing and proposed centers stating the Planning Staff felt a spacing requirement of 1,400 would be reasonable and serve a more useful purpose for New Hanover County. " Vice-Chairman Dolan questioned the 1,400 foot spacing instead of 2,000 foot spacing as proposed under state regulations. Planner Avery stated based on the maximum block length of 1,400 feet, street patterns in New Hanover County's Subdivision Ordinance, and the size of New Hanover County, the 1,400 foot spacing would be more appropriate. L Commissioner Retchin expressed concern for establishing a spacing requirement under 2,000 feet. Chairman O'Neal opened the Public Hearing asking if anyone present would like to speak in favor of the proposed Text Amendment. The following persons commented expressing concern for concentration of group homes requesting a 2,000 foot spacing requirement for residential family care homes and day care centers: Mr. Sam Gooding Mr. Winston Price Chairman O'Neal asked if anyone present wished to speak in opposition to the Text Amendment. The following persons commented expressing concern for restricting establishment of residential care facilities to take care of the elderly: ,. I Mr. L. C. McKinnon Mr. Kermit Branch Ms. Mattie Lowe LJ Discussion was held on addressing residential family care centers and day care centers as separate issues. County Attorney Pope expressed concern for addressing both under the same statute when the statute addresses only residential care facilities. After further discussion, it was the consensus of the Board to address only residential family care centers. Ms. Mattie Lowe, a resident of Hillsdale Subdivision, commented on purchase of property in 1975 for construction of a residential care facility stating under the proposed 22 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) Text Amendment She requested permit. she would not be able to construct the home. consideration for issuance of a building After discussion, commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to approve a Text Amendment establishing a 2,000 foot spacing requirement between existing and proposed residential care facilities (family care homes) with the condition that Ms. Mattie Lowe be granted a 30 day period of time to be issued a building permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. " A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 7. L-J PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY FRONT YARD SETBACK REQUIREMENTS AND THE SEPARATION BETWEEN STRUCTURES IN PLANNED DEVELOPMENT DISTRICTS Planning Director Hayes gave background information on the proposed Text Amendment modifying front yard setback requirements and separation between structures in Planned Development Districts as follows: Under 53.5-2(3) Building Setback Separation 1. Change the setback from all public and private streets to 25 feet from 35 feet; and reword the last sentence of the same section to read: In no case shall any part of a detached single family dwelling unit be located closer than ten feet to any part of any other detached single family dwelling; and in no case shall any part of a mUltiple dwelling unit be located closer than twenty feet to a non-residential building. r- L Vice-Chairman Dolan expressed concern for the esthetics stating he felt twenty feet was not enough space between dwellings. Chairman 0' Neal opened the Public Hearing asking if anyone present wished to speak in favor of the proposed Text Amendment. The fOllowing person commented: Mr. Allen Cowan, a developer of Landfall, commented on the current R-10 zoning where higher density can be obtained stating he could build only four units per acre in Planned Development Zoning. He requested approval of the setbacks in order to construct a patio project. Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed Text Amendment. No one commented. After further discussion, commissioner Barfield MOVED, SECONDED by commissioner Retchin to approve the Text Amendment as presented by the Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: r Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Chairman O'Neal L- Voting Noe: commissioner Dolan A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 7. MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) 42 PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO INCLUDE "CONSERVATION SPACE" IN THE CERTIFICATE OF DEDICATION, OWNERSHIP, AND JURISDICTION FOR FINAL PLAT MAPS Planning Director Hayes gave background information on the proposed Subdivision Text Amendment stating the Planning Board and Planning Staff recommended approval. Chairman O'Neal opened the Public Hearing asking if anyone present wished to speak in favor of the request. No one commented. " Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. L.J After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the Subdivision Text Amendment to include "Conservation Space" in the certificate of dedication, ownership, and jurisdiction for final plat maps. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an "ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965" is contained in Exhibit Book XV, Page 7. PUBLIC HEARING TO CONSIDER ADOPTION OF ZONING TEXT AMENDMENTs WHICH COINCIDE WITH THE POLICIES OF THE 1986 WILMINGTON-NEW HANOVER LAND USE PLAN Planning Director Hayes gave background information on the zoning Text Amendments to coincide with the policies of the 1986 Wilmington-New Hanover Land Use Plan which had been continued from the meeting of January 2, 1987. He stated the ground water and sewer pOlicies for new development in the County had been removed from the proposed amendments. r u Planner Dave Weaver gave background information on the proposed Text Amendments presenting an amended document explaining minor changes from the original material that was forwarded in the agenda packet. Commissioner Barfield expressed concern for rece~v~ng an amended document requesting deferral of this item until further study could be made by the Commissioners. Vice-Chairman Dolan expressed hasty decision on issues of such discussion should be held. concern importance for making a stating more After further discussion, it was the consensus of the Board to continue the Public Hearing until February 16, 1987, in order to further study the amended document. STATUS REPORT OF FLEMINGTON LANDFILL LAWSUIT County Attorney Pope gave an update on the Flemington Landfill Lawsuit requesting adoption of a resolution to enter into and execute contracts with appropriate contractors for performance of a groundwater contamination study in an amount not to exceed $105,000 which represents the County's share at 17.50% of the estimated total cost of $600,000. I' After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 'L-J A copy of the resolution is contained in Exhibit Book XV, Page 8. ,24 MINUTES OF REGULAR MEETING, FEBRUARY 2, 1987 (CONTINUED) ADJOURNMENT Commissioner Retchin MOVED, SECONDED by commissioner Barfield to adjourn the meeting. Chairman O'Neal adjourned the meeting at 10:30 o'clock P.M. ~cc:;;;:;:.::' Lucie F. Harrell Clerk r- L_ MINUTES OF REGULAR MEETING, FEBRUARY 16, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 16, 1987, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman John Dolan; Chairman, Nolan O'Neal, Assistant County Manager, Mary Gornto; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order. Reverend Shelley Fogleman, Pastor of Epworth united Methodist Church, gave the invocation. ,- L APPROVAL OF MINUTES Commissioner Dolan requested a correction in a motion by Commissioner Barfield on Page 4 to Commissioner Corbett. After discussion, commissioner Corbett MOVED, SECONDED by commissioner Retchin to approve the minute.. January 19, 1987, and Special Heeting of January 26, 1987, as presented. Upon vote,the HOTION CARRI~" UNANIHOUSLY. Discussion was held on the study to be performed by the Airport Ad Hoc Study Committee and the wording of "Airport Commission, Airport Authority, or some other effective structure." It was the consensus of the Board that the minutes were recorded correctly. After further discussion, commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the minutes of the Special Meeting of January 26, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone from the general public would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. r- L APPROVAL OF CONSENT AGENDA Vice-Chairman Dolan questioned Item #3, Report of Collector of Revenue, asking if the EMS collection figures were correct. Finance Director Atkinson stated these figures did not represent EMS collection fees, only EMS fees that have been turned over to the Tax Office for collection.