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1987-03-02 Regular Meeting 4~ MINUTEs OF REGULAR MEETING, MARCH 2, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 2, 1987, at 7:00 o'clock P.M. in the Assembly Room of the 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. '--..J Vice-Chairman Dolan gave the invocation and requested all persons to stand and repeat the Pledge Allegiance to the Flag. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the minutes of February 2, 1987, with a correction to the word conversation to conservation on Page 423. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the minutes of February 16, 1987, with a correction to the date of minutes approved on Page 424, and clarification of the figure $9,000 reflecting that $22,084 had been withdrawn from the original funding of the General Assistance Fund as stated on Page 429. 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. '--..J APPROVAL OF CONSENT AGENDA Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adopt the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Destruction of Records - Register of Deeds The Commissioners approved a request from the Registrar of Deeds for destruction of financing statements dated 1979 and 1980 in accordance with N. C. General Statutes 121-5(b). A copy of the request is on file in the Clerk's office. Adoption of Resolution Authorizing the Disposal of Designated Timber at Hugh MacRae Park The Commissioners adopted a resolution for removal and sale of timber at Hugh MacRae Park to Canal Wood Corporation at a negotiated price authorizing the Chairman to execute a contract for cutting, clearing and removal of timber. ,----, A copy of the resolution is contained in Exhibit Book XV, Page 12. L-J Adoption to State The deleting System: of Resolutions for Addition and Deletion of Roads Maintained Road System Commissioners adopted resolutions adding and the following roads to the State Maintained Road Hidden Valley Road, Extension of SR 1704 (Div. File 558-N) John Morris Road, SR 1353 - (Div. File 561-N) John Morris Road, Deletion- (Div. File 562-N) ~ 3 6 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) copies of the resolutions are contained in Exhibit Book XV, Page 12. Approval of Grant Applications and Acceptance of Grant Offers for "Winning Teens" and "Campaign for Teen Pregnancy Prevention" - Health Department The Commissioners approved grant applications in the following amounts for "Winning Teens" and Campaign for Teen Pregnancy Prevention" authorizing acceptance of grant offers if awarded without change from applications: ,- Action Grant Application for "Winning Teens" $9,000 Federal Grant $4,600 Local In-Kind L- Action Grant Application for "Campaign for Teen Pregnancy Prevention" $6,000 Federal Grant $1,000 Local In-Kind Approval of Reclassification of Two positions - Management Information Services Department The Commissioners approved reclassification of the following positions as requested by the Director of MIS: Administrative Secretary Range 62 to Office Systems Specialist Range 67 Systems Programmer Range 75 to Operations Manager Range 79 Approval of Amendment to Food and Beverage Concession Lease Agreement with Douglas H. Potter New Hanover County Airport The Commissioners authorized the Chairman to execute a simple lease amendment authorizing a change in the Food and Beverage Concession Lease Agreement with Douglas H. Potter at the New Hanover County Airport. ,- L Approval of Request for Free Landfill Service - St. John's Museum The Commissioners approved a request by St. John's Museum to deposit demolition materials from their renovation project in the landfill without a charge. Approval of Amendment to Resolution for Establishment of Policy and Procedures for Appointments to County Boards, Commissions, Committees or Authorities The Commissioners approved an amendment to address unexcused absences in Section 1. E of the resolution for establishment of Policy and Procedures for Appointments to Boards, Commissions, Committees or Authorities. A copy of the resolution is contained in Exhibit Book XV, Page 12. Budget Amendments Reported for Entry Into the Record The following Budget Amendments were reported for entry into the records: ,- 87-00000173 various Departments Debit Credit L Internal Audit Retirement - Local Government Employees $ 2,000 System Finance Capital Outlay - Equipment $2,000 Transfer needed to cover cost of computer for new position. MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4: Approval of Budget Amendments The Commissioners approved the Amendments: following Budget 87-00000158 Museum Debit Credit Institute of Museum Services Grant $33,780 " L Salaries & Wages social Security $31,526 2,254 To budget for IMS Grant approved 8/18/86. 87-00000172 Dept. of Social Services Debit Credit General Fund Contingencies $ 7,343 DSS/Personnel Care Services Salaries & Wages social Security $ 2,178 156 DSS/Community Alternatives Program Salaries & Wages Social Security 4,674 335 Appropriation to pay CHORE Providers overtime according to F.L.S.A. 87-00000161 County Commissioners General Fund Appropriated Fund Balance $10,664 " i U County Commissioners Auto Expense 5,100 Travel, Meetings, & Schools Salaries & Wages $ 8,000 7,764 Additional funds required for travel and salaries for the remainder of FY 86/87. APPROVAL OF FUNDING FOR CAPE FEAR AREA DIRECTORS OF VOLUNTEERS IN AGENCIES (DOVIA) Ms. Jean Bridger, representing DOVIA, presented plans for a reception to be hosted by the County Commissioners to honor volunteers in New Hanover County on May 3, 1987, during National Volunteer Week. She also presented a budget request in the amount of $1,000. Commissioner Barfield commented volunteer service to New Hanover additional funding to sponsor a more Discussion was held on a change reception and ceremonies. on the importance of County recommending meaningful reception. of location for the " I LJ Vice-Chairman Dolan expressed appreciation to the many volunteers for their tremendous participation in volunteer service to citizens of New Hanover County. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize funding up to $3,000 to sponsor a reception for volunteers of New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Monday, March 2, 1987, at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 38 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) Chestnut Street, Wilmington, North Carolina, to consider the following: WITHDRAWAL BY PETITIONER OF REQUEST TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE APPROXIMATELY 2.75 ACRES ON THE SOUTH SIDE OF EAS'lWOOD ROAD, WEST OF ROGERSVILLE ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planner Avery reported the petitioner had withdrawn the request for an appeal as of this afternoon. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO EXPAND EXISTING KENNEL OPERATION LOCATED ON THE NORTH SIDE OF GREENVILLE LOOP ROAD KNOWN AS, "MEADOWSWEET," BY ADDING FORTY ADDITIONAL ENCLOSED ANIMAL RUNS Planning Director Hayes and Planner Avery showed slides and gave background information on the request to expand the existing kennel operation. Planning Director Hayes stated the Health Department had evaluated the site with the conclusion that the expansion would have an impact on sewage needs. The facility will be required to connect to the County-wide Sewer System before becoming operational. ,- L- Chairman 0' Neal asked anyone present wishing to testimony to step forward to be sworn in by the Clerk. following persons were sworn in: give The Mr. Dumay A. Gorham, Jr., Attorney Ms. Judy Inscoe, Petitioner Mr. Peter Davis Mr. Jerry Nease Mr. Bob Thomas Mr. Bob Thomas, Jr. Mr. Joe Nease Mr. Harold Roth Ms. Delores Roth Ms. Carmen Nease ,- Chairman 0' Neal opened the anyone present wished to speak The following persons commented: Public Hearing asking if in favor of the expansion. L Mr. Dumay Gorham, Attorney representing the petitioner, asked Ms. Judy Inscoe to present her request. Ms. Inscoe gave background information on development of the kennel and services provided to the citizens of the community. She requested issuance of a Special Use Permit to expand the kennel building by 40 animal runs which would be entirely enclosed to protect all animals from weather extremes and to protect adjacent residences from noise and odors. Chairman O'Neal asked Ms. Inscoe if she agreed presentation and statements presented by the Director. Ms. Inscoe stated she concurred. with the Planning Mr. Gorham presented photographs of the cemetery, the plot plan, and letters from adjoining property owners stating he would be glad to answer questions. Vice-Chairman Dolan commented on complaints received about noise from barking dogs and large exhaust fans. Ms. Inscoe stated exhaust fans were used during the day to dry the runs, but not after 7:00 P.M. ,-- L Chairman O'Neal asked if anyone present wished to speak in opposition to issuance of the Special Use Permit. The following persons commented expressing concern for noise, flies, increased traffic, and encroachment into a residential neighborhood: L-_____~_ MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4: Public Hearing continued Mr. Jerry Nease Mr. Peter Davis Mr. Bob Thomas Mr. Harold Roth Chairman O'Neal closed the Public Hearing. [ After discussion of the surrounding residential area and commercial encroachment, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to deny granting a Special Use Permit based on the findings that the request does not satisfy the third and fourth general requirements; namely that the use will not substantially injure the value of adjoining or abutting property; and that the use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the denial is contained in SUP Book I, Page 26. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF NORTHWEST ROAD IN CASTLE HAYNE planning Director Hayes gave background information on a request to issue a Special Use Permit to locate a mobile home on Northwest Road in Castle Hayne stating all requirements had been met. Chairman 0' Neal asked anyone present wishing to testimony to step forward to be sworn in by the Clerk. following persons were sworn in: give The " I U Mr. T. R. Kalnen, the petitioner Mr. John Lorek Mr. Charles Pete, Jr. Ms. Charlene Pete Moore Ms. Adelle Janicki Ms. Elizabeth Gmytruk Ms. Josephine Sandy Chairman O'Neal opened the Public Hearing asking if anyone present wished to speak in favor of issuing a Special Use Permit for location of a mobile home. The following persons commented: Mr. T. R. Kalnen, the petitioner, stated the land was being farmed by his son and requested issuance of a Special Use Permit to locate a mobile home on the property to serve as a residence for his son. Chairman O'Neal asked Mr. Kalnen if he agreed with the findings presented by the Planning Director and Staff. Mr. Kalnen stated he concurred. " Mr. John Lorek, a resident of the area, stated he did not object to placement of the mobile home and felt his son should have a place to live. LJ Chairman 0' Neal asked if anyone present would like to speak in opposition to issuance of a Special Use Permit. The following adjacent property owners expressed concern for the placement of additional mobile homes in this area, reduction of property value, and contamination of groundwater requesting denial of issuing the Special Use Permit: Ms. Charlene Pete Ms. Mary Elizabeth Gmytruk Mr. Charles Pete, Jr. Ms. Adelle Janicki 40 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) Ms. Janicki, acting through a Power of Attorney from her brother Mr. Melvin Edwards, read a letter stating his opposition to the request. She then commented on her opposition to placement of the mobile home. Chairman O'Neal closed the Public Hearing. After discussion of the area and no evidence presented that the request does not satisfy the four general requirements, commissioner Corbett MOVED, SECONDED by Commissioner Retchin to grant the Special Use Permit based on the following findings of fact: (1) the proposed use does satisfy the first general requirement; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) the proposed use does satisfy the second general requirement; namely that the use meets all required conditions and specifications; (3) the proposed use does satisfy the third general requirement; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a pUblic necessity; and ( 4) the proposed use does satisfy the fourth general requirement; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,- L- A copy of the Special Use Permit is contained in SUP Book I, Page 26. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A CONVENIENCE FOOD STORE AT THE NORTHWEST CORNER OF SILVA TERRA DRIVE AND CAROLINA BEACH ROAD Planning Director Hayes and Planner Avery presented slides and gave background information on the request stating a Special Use Permit had been issued in January 1985, but had expired with no construction taking place. Planning Director Hayes suggested placing the following conditions on the permit if issued: ,-- L I. Require a buffer along the western property boundary as specified in Section 67 of the Zoning Ordinance. 2. Require commercial dumpster to be screened from view of adjacent residential properties. 3. Require removal upon cessation of alternate use. of all underground storage tanks proposed use and conversion to an Chairman O'Neal asked anyone present wishing to give testimony to step forward to be sworn in. The following persons were sworn in: Ms. Nancy Williamson Ms. Kathleen Lawler Ms. Mary Trail Ms. Kathleen Hewett Ms. Josephine Rowe ,- L Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in favor of issuing the Special Use Permit. The following person commented: Ms. Nancy Williamson, a realtor representing the petitioner, gave background information on the company and MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4 type of facility to be constructed. She stated permit was not used due to that company personal problems. She requested approval of Use Permit. the previous experiencing the Special [ Chairman O'Neal asked if anyone present wished to speak in opposition to issuance of the Special Use Permit. The following residents of Silva Terra expressed concern for increased traffic, trash, and location of another convenience store when one is only four blocks away: Ms. Kathleen Lawler Ms. Mary Trail Ms. Josephine Rowe Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Dolan to deny granting the Special Use Permit based upon the findings of facts after hearing the evidence that the use does not meet the third and fourth general requirements; namely the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and namely, that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of denial is contained in SUP Book I, Page 26. " BREAK Chairman O'Neal recessed the meeting for a break from 8:55 o'clock P.M. to 9:06 o'clock P.M. L.J PUBLIC HEARING TO CONSIDER MODIFICATION OF A REQUEST BY LAURA AND BONEY WILSON TO REZONE 10.49 ACRES ON THE EAST SIDE OF CASTLE HAYNE ROAD NORTH OF HOLLAND DRIVE TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes and Planner Avery gave baCkground information on the modified version of the original petition stating the Planning Board recommended expanding the B-1 District an additional 250 feet to the east. He stated the petitioner requested expanding the business zone to Runnymeade and Wrightsboro Acres. Chairman O'Neal opened the Public Hearing. Chairman in favor of commented: O'Neal asked if anyone present wished to speak the rezoning request. The following person Ms. Frances Trask, Attorney representing the petitioner, presented a survey map showing 500 feet of unusable land. She requested approval of the original request. ,----, Vice-Chairman Dolan stated Mr. Wilson had indicated he would be willing to accept rezoning of an additional 500 feet aSking if this would be acceptable. LJ Mr. Wilson stated the additional footage would be acceptable. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to approve the rezoning request as presented by the Planning Board with expanding the B-1 --' 42 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) District an recommended. additional 500 feet instead of 250 feet as Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 10-A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974," is contained in Zoning Book II, Section 10-A, Page 19. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 2.3 ACRES AT THE NORTHWEST CORNER OF LYNN AVENUE AND CASTLE HAYNE ROAD IN CASTLE HAYNE TO B-2 BUSINESS FROM RA RURAL AGRICULTURAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously approved the request citing compliance with the general policy guidelines of the 1986 Land Use Plan. He recommended approval if no one present wished to speak in opposition. 'I LJ 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 Corbett MOVED, SECONDED by Commissioner Barfield to rezone 2.3 acres at the northwest corner of Lynn Avenue and Castle Hayne Road to B-2 Business from RA Rural Agricultural. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985," is contained in Zoning Ordinance Book II, Section, Castle Hayne, Page 4. PUBLIC HEARING TO CONSIDER A REQUEST BY ALLEN BROWN TO REZONE .37 ACRE ON THE NORTHWEST SIDE OF MARKET STREET APPROXIMATELY 600 FEET NORTH OF THE U. S. 17 MILITARY CUT-OFF INTERSECTION TO R-15 RESIDENTIAL FROM B-2 HIGHWAY BUSINESS, WITH INCLUSION OF THE NIXON PROPERTY TO THE NORTH FOR REZONING TO R-15 FROM B-2 Planner Avery gave background information on the rezoning request stating some dispute existed over property ownership. He stated the Planning Board did not feel the ownership dispute between the adjoining church and Mr. Brown was relevant to the rezoning proposal and approved the R-15 rezoning request including a part of the Nixon Heir property to the north. ,-- L Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Steve Wallace, representing the petitioner, stated Mr. Brown did own the property in question and had been paying taxes for seven years. Mr. Wallace commented on strip zoning of the property in 1975 which had made the land on each side unusable. He stated Mr. Brown had requested residential rezoning to place a mobile home on the property as a residence for his daughter. ,- L Vice-Chairman Dolan asked the County Attorney about any legal ramifications of rezoning the property with a dispute over ownership of the property. County Attorney Pope stated rezoning the property would have no impact on the Court's decision as to ownership. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. The following person commented: MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4 Mr. J. C. Millhouse Jr., a member of Enoch Chapel Missionary Baptist Church, commented on the property dispute stating the property did belong to the church. He requested denial of the rezoning stating surrounding property was zoned B-2. Commissioner Barfield expressed concern for B-2 zoning next to churches. Chairman O'Neal closed the Public Hearing. [ After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the R-15 rezoning request as recommended by the Planning Board and Planning Staff which includes rezoning the Nixon property to the north. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED SEPTEMBER 7, 1971," is contained in Zoning Ordinance Book I, Section 6, Page 33. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY 1. 3 ACRES ON THE SOUTH SIDE OF GORDON ROAD, 212 FEET WEST OF u. S. 17 TO B-2 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes stated based on rezonings in the area of Gordon Road and Market Street and general compliance with the policies for growth and development as stipulated in the 1986 Land Use Update, the Planning Staff and Planning Board recommended approval of the rezoning request. Chairman O'Neal opened the Public Hearing aSking if anyone present wished to speak in favor of the request. The following person commented: " I L Mr. Morgan Kenney, a marketing representative for the petitioner, commented on commercial zoning and activity in this area. He requested approval of the rezoning request. Chairman O'Neal asked 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 Barfield, MOVED, SECONDED by Commissioner Corbett to rezone approximately 1.3 acres on the south side of Gordon Road, 212 feet west of U. S. 17 to B-2 Business from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA NO.6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED SEPTEMBER 7, 1971," is contained in Zoning Ordinance Book I, Section 6, Page 34. " I ~ PUBLIC HEARING TO CONSIDER A MODIFICATION OF A REQUEST TO REZONE 6.4 ACRES ON THE EAST SIDE OF U. S. 421 AND SOUTH OF GOLDEN ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the modified version of the original rezoning petition stating the Planning Board felt rezoning of the southern portion would lead to unnecessary strip commercial development and traffic congestion recommending not to rezone the southern portion. The northern portion would be rezoned with the intersection area of Golden Road and U. S. 421 as traffic ingress and egress. Chairman O'Neal opened the Public Hearing. --.-.- -' 44 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) Chairman 0' Neal asked if anyone present wished to speak in favor of or in opposition to the request. No one commented. Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to approve the modified rezoning request as presented by the Planning Board. 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. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971," is contained in Zoning Ordinance Book I, Section 4, Page 22. n LJ PUBLIC HEARING TO CONSIDER ADOPTING ZONING TEXT AMENDMENTS TO THE PLANNED DEVELOPMENT DISTRICT ORDINANCE CONCERNING THE SCHOOL FACILITY NEEDS AND FIRE DISTRICT FEE FORMULAS Planning Director Hayes gave background information on the proposed text amendments to clarify the impact fee process of Planned Development Districts. He stated the fire impact fee formula was changed due to establishment of a County Fire Service District. He stated the original fire impact fee formula utilized a general fund contribution; but with establishment of the Fire Service District the funding is now provided by a fire district tax with the new formula listed in the proposed Text Amendment. Planning Director Hayes stated the school impact fee formula was revised to insure that future PD developments contributed to the school system relative to their impact on the system. He stated the changes eliminated any waiver provisions as now provided, and that the Board of Education fully endorsed the proposed Text Amendments. Chairman O'Neal opened the Public Hearing. ,-- Chairman O'Neal asked if anyone present wished to speak on the proposed Text Amendments. No one commented. L- Chairman O'Neal closed the Public Hearing. Commissioner Barfield expressed concern for additional taxing of persons in PD Districts stating the homeowner is absorbing the costs, not the developer. Chairman O'Neal recommended voting separately on the Text Amendments as applied to fees for fire services and schools. He expressed concern for hastily approving a fee that could be quite costly to developers under PD Districting. County Attorney Pope recommended rewording Section 6. of the ordinance as follows to specifically state that New Hanover County will receive payment of the fees: A fee shall be paid to New Hanover County for use by the Fire Department servicing the PD District. The Fire Service District commission shall recommend the most appropriate use of the fee to provide adequate fire protection in the District. ,- After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adopt the proposed Text Amendments as presented by the Planning Staff with a change in wording as recommended above by the County Attorney. L After further discussion, commissioner Barfield made a SUBSTITUTE MOTION to vote separately on the proposed Text Amendments clarifying the fee formula changes for fire services and schools in PD Districts. Chairman O'Neal SECONDED the MOTION. Upon vote, the MOTION FAILED DUE TO NOT RECEIVING A MAJORITY VOTE AS FOLLOWS: ,-----------~ ~---- ./ I' ~ [ " ~ MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4, Voting Aye: Commissioner Barfield Chairman O'Neal Voting Noe: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Chairman O'Neal called for a vote on the original MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Voting Noe: Commissioner Barfield Chairman O'Neal A copy of the ordinance is contained in Exhibit Book XV, Page 12. PUBLIC HEARING TO CONSIDER ADOPTING STATE OF NORTH CAROLINA REGULATIONS GOVERNING DEMOLITION - LANDSCAPE LANDFILLS Planner Avery gave background information on state regulations stating the County Attorney had recommended deletion of Section 2 of 69.8-6, Enforcement and Penalties, of the proposed regulations since this issue is already addressed in the present ordinance. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in favor of or in opposition to the proposed regulations. No one commented. Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the regulations as presented by the Planning Staff with deletion of Section 2 as recommended by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is contained in Exhibit Book XV, Page 12. ADOPTION OF RESOLUTION IN SUPPORT OF PROPOSED STATEWIDE HIGHWAY RIGHTS-OF-WAY AND HIGHWAY FUNDING LEGISLATION Commissioner Retchin presented a resolution endorsing the N. C. Department of Transportation's proposed statewide legislation for preserving rights-of way and other highway funding needs. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XV, Page 12. COMMITTEE APPOINTMENTS REQUEST TO RE-ADVERTISE VACANCY ON NEW HANOVER CONVENTION AND VISITORS BUREAU, INC. Commissioner Barfield expressed concern for not receiving all applications received for filling the vacancy. He requested the Clerk to forward every application received for all positions whether in a particular category or not. After further discussion, it was the consensus of the Board to re-advertise for the category available. --- --- .--------.. -~-_.~ _____-------.J 46 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS Commissioner Barfield reminded the Commissioners of the meeting scheduled by Concerned Citizens of Seagate on Thursday, March 5,1987, at 7:00 P.M. to discuss sewer meters and problems with contractors performing work on the Sewer System. He invited all Commissioners to attend. Vice-Chairman Dolan commented on pot holes being left in streets after installation of sewer lines asking the County Attorney if the County could be liable for damage or accidents that occur until these repairs have been made by the State. County Attorney Pope stated the County could be named in a lawsuit. r---] LJ After further discussion, it was the consensus of the Board to refer any complaints or problems received with reference to installation of the Sewer System to the Engineering Department. REPORT ON HUMAN RELATIONS MONTH Commissioner Corbett reported on Human Relations Month in New Hanover County complimenting the Human Relations Commission for an outstanding month of activities and events. He stressed the importance of observing human relations every month of the year. REPORT ON PLANNING MEETING - COMMITTEE OF 100 commissioner Corbett commented on a planning the Committee of 100 stating long range goals and discussed. He stated the Committee of 100 approaching the County for funding support for fiscal year. meeting of plans were would be the next DISCUSSION OF AZALEA FESTIVAL TICKETS Chairman O'Neal commented on the letter from Mr. Douglas C. Echols, President of the 1987 Azalea Festival, stating he returned his tickets and recommended either forwarding tickets to all Commissioners or none at all. ,-- L commissioner Barfield stated Mr. Echols had contacted him apologizing for his mistake stating 15 tickets would be forwarded to the County. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF BUDGET AMENDMENT FOR ARBORETUM - NEW HANOVER COUNTY AGRICULTURE EXTENSION SERVICE County Manager Cooper stated during the budget process last year, the Commissioners agreed to contribute $20,000 to the Arboretum Fund provided the Arboretum Committee raised matching funds. He reported the Committee had raised $20,000 and requested approval of the following Budget Amendment: 87-00000186 - Agriculture Extension Service & Non Departmental Debit Credit General Fund Appropriated Fund Balance $ 503 Non-Departmental Contingencies 19,497 , Agriculture Extension Service Contributions to Outside Agencies L $20,000 Transfer of funds for Challenge Grant for New Hanover County Extension Service Arboretum, Inc. Approved by County Commissioners with FY 86/87 Budget. Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the Budget Amendment in the amount of $20,000 as requested by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. L-_______ r I L.J [ " i '--..J MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED) 4. DISCUSSION OF SCHOOL CONSTRUCTION County Manager Cooper stated Superintendent Flynn had notified him that bids for the new junior high school had been received and were well under the funds available. He commented on his recommendations forwarded to the Commissioners asking direction of the Board in addressing the Laney High School expansion. Discussion was held on determining the actual needs of the school system. Also, discussion was held on the County's Manager recommendation to provide funding in the amount of $2.2 million for expansion of Laney High School. After further discussion, Vice-Chairman Dolan MOVED, SECONDED by commissioner Corbett to request the Chairman to schedule a meeting with the Board of Education on March 23, 1987, for presentation and discussion of capital needs and the Laney High School project. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF STEAM PLANT OPERATIONS commissioner Corbett asked how operations were going at the Steam Plant since dismissal of the Plant Manager. County Manager and the Personnel position. Cooper stated things were going well, Department was advertising for the Commissioner Corbett complimented Engineering Director Hilton for an outstanding job in handling a difficult personnel problem. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. P.M. Chairman O'Neal adjourned the meeting at 10:40 o'clock Respectfully submitted, ~~~~ Clerk to the Board ~