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1987-05-04 Regular Meeting 94 MINUTES OF REGULAR MEETING, MAY 4, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 4, 1987, at 4:00 o'clock P.M. in Courtroom 317 of the Judicial Building, 4th and Princess Streets, 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. r1 L-J Chairman 0 I Neal called the meeting to order and gave the invocation. APPROVAL OF MINUTES Commissioner Corbett MOVED, SECONDED by commissioner Retchin to approve the minutes of the Regular Meeting of March 23, 1987, as presented and the minutes of the Regular Meeting of April 6, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA County Manager Cooper requested Budget Amendment 11231 1/2 cent Sales Tax be withdrawn from the Consent Agenda for further study; and Clerk to the Board, Lucie F. Harrell, requested Budget Amendment 11228, Sheriff's Department, be withdrawn since this item was placed on the Consent Agenda in error. r- After discussion, commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the following Consent Agenda items with removal of budget amendments as requested by the County Manager and Clerk to the Board. L- CONSENT AGENDA Adoption of Resolutions Accepting Offers to Purchase Surplus Property The Commissioners adopted resolutions to accept offers to purchase surplus property owned jointly by the City of Wilmington and New Hanover County, representing an ad valorem tax value of $6,630 as of 1983. Copies of the resolutions are contained in Exhibit Book xv, Page 17. Acceptance of AIP05/PSO Equipment State Grant - Airport The Commissioners accepted the State Airport Grant in the amount of $2,640 for PSO Equipment authorizing the Chairman to execute the document. Airport Manager, R. C. Shackelford was designated as the contact person for the project. ,-- Adoption of proclamation Designating the Week of May 10-16, 1987, as National Historic Preservation Week The Commissioners adopted a proclamation designating the week of May 10-16, 1987, as National Historic Preservation Week in New Hanover County. L-- A copy of the proclamation is contained in Exhibit Book XV, Page 18. ,- 1_______ MINUTES OF REGULAR MEETING -, -MAY.~4-;-'-r~6,f,(COlITINUED) 4~ CONSENT AGENDA ITEMS (CONTINUED) Approval of Budget Amendments 87-00000232 Sheriff/911 Installment Loan Proceeds Debit $76,270 Credit Capital Outlay - Equipment Installment Lease Payments $37,770 38,500 I' To set up purchase of ANI and ALI Systems on installment payments through Southern Bell at no interest. LJ 87-00000241 DSS/Community Alternatives Program Debit Credit Community Alternatives Program Salaries & Wages social Security Contracted Services Mobility Aids Medical Equipment Medical Supplies $93,248 $65,000 4,648 13,000 2,000 5,000 3,600 Underestimated expenditures for the Community Alternatives Program for the Fiscal Year. All Federal funds. PRESENTATION OF LEASE PROPOSALS FOR DEPARTMENT OF SOCIAL SERVICES BUILDING The following persons presented lease proposals to the Commissioners for consideration: r L Presentation of Proposals submitted by The Gene Merritt Company, Inc. Mr. Eugene Merritt, Jr., President of The Gene Merritt Company, Inc., commented on presenting two sites, Princess Place Drive and 30th Street; and 17th Street and Greenfield Streets stating the Princess Place Drive location was given favorable consideration by the review committee. Mr. Merritt stated two proposals were submitted since the Princess Place Drive property would require rezoning by the City of Wilmington. Upon denial of the rezoning, he was informed by the review committee, that another proposal had been selected. He expressed concern for learning that the site selected, 17th and Greenfield Streets, was his other proposed location stating he had not been given an opportunity to submit the best and final offer on this site. Commissioner Barfield questioned how more than one offeror could have an option to purchase on the same piece of property. Mr. Merritt stated the owner of the property informed him that any of the offerors who had submitted this site would have the option to purchase upon award of the contract. I' After further discussion, Chairman O'Neal expressed appreciation to Mr. Merritt for presenting his proposals. 'LJ Presentation of Proposal submitted by the Wilmington Corporation for Site Located at 240 Castle Hayne Road Mr. M. E. Dowd, Jr., President of the Wilmington Corporation, presented his proposal for use of the building located at 240 Castle Hayne Road. He commented on remodeling of the building to meet current and future needs 96 MINUTES OF REGULAR MEETING, MAY 4, 1987 (CONTINUED) PRESENTATION OF LEASE PROPOSALS (CONTINUED) of the Department of Social Services at a much lower cost. He presented a bid on this project at $5.92 per sq. ft. with an annual cost of $177,000 per year compared to the annual cost of $315,000 as submitted by the company selected to receive the contract. He stressed the amount of savings to taxpayers of New Hanover County. Discussion was held on meeting the criteria of being within one block of existing and established public transportation routes. Mr. Dowd stated since his site did not comply with this requirement, satisfactory transportation could be provided by an agreement with the Wilmington Transit Authority or operation of a shuttle bus. r1 LJ A lengthy discussion was held on the importance of adequate transportation and the additional cost to the $5.92 per sq. ft. figure. Mr. Dowd requested consideration of stating he would be willing to negotiate present a figure on transportation costs. his with proposal WTA and Chairman O'Neal expressed appreciation to Mr. Dowd for his presentation. Presentation of Proposal Submitted by Metric Constructors for Site Located at Shipyard Blvd. and Holbrooke Avenue Mr. William W. Cram, Chief Estimator of Metric Constructors, Cary, North Carolina, expressed concerns about the solicitation of proposals and selection of the best and final offer. Mr. Cram presented his proposal stating all pre-solicitation criteria had been met with a bid of $10.36 per sq. ft. for a building that is functional and responds to the needs and requirements of the Department of Social Services. He presented a preliminary site plan requesting reconsideration of his proposal. r L After further discussion, Chairman O'Neal expressed appreciation to Mr. Cram for his presentation. Presentation of Proposal Submitted by Modern Properties, Inc. for Location at 16th and Greenfield Streets Mr. H. G. Bryant presented his proposal stating all criteria had been met and submitted a bid of $9.49 per sq. ft. Discussion was held on the location of the property and exact lot being submitted. It was the consensus of the commissioners to further review this proposal. Chairman O'Neal expressed appreciation to Mr. Bryant for his presentation. Discussion was held on the option to purchase property with reference to the l7th and Greenfield Streets site. Mr. David Barefoot, representing Associated Builders, stated the company had an executed Option to Purchase contract. r- Vice-Chairman Dolon recommended providing offerors who had presented proposals another opportunity to submit their best and final bid to the review committee before making a final selection. L After further discussion, it was the consensus of the Board to have Mr. John Jefferies to further study the proposals submitted with recommendations being presented to the Commissioners within two weeks. ,- MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) 1.'/ 4 ADOPTION OF CABLE TELEVISION FRANCHISE - JONES INTERCABLE, INC. - FIRST READING Mr. David Barefoot, representing Jones Intercable, Inc., gave background information on the franchise stating the company had rebulit, upgraded and expanded the system in New Hanover County from 13 channels to 27 channels. He requested approval of application for a Cable Television Franchise. I' County Attorney Pope requested deletion of the last paragraph in the franchise upon adoption stating the comapny had not been sold as previously indicated. ~ After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt an ordinance upon the first reading granting a franchise to Cable TV Fund VIII-B, LTD. with deletion of the last paragraph as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Ordinance will be placed on the May 18, 1987, Agenda for final approval upon the second reading. MARTIN LU..!:1:IJ!a(. KING DAY DECLARED AS A PAID HOLIDAY County Manager Cooper stated the Human Relations Commission had requested the Commissioners to declare Martin Luther King Day on the third Monday in January as a paid holiday. After discussion of State and Commissioner Retchin MOVED, SECONDED Barfield to follow the lead of the State in Luther King Day as a paid holiday on the January requesting the Personnel Department of the State in holidays to be observed. MOTION CARRIED UNANIMOUSLY. County holidays, by Commissioner declaring Martin third Monday in to track actions Upon vote, the r LJ EXECUTIVE SESSION county Attorney Pope requested an Executive session to discuss pending litigation. Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to convene to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal convened from Regular Session to Executive Session at 5:25 o'clock P.M. Commissioner Retchin MOVED, SECONDED Barfield to reconvene to Regular Session. MOTION CARRIED UNANIMOUSLY. by Commissioner Upon vote, the Chairman O'Neal reconvened to Regular Session at 6:15 o'clock P.M. MEETING RECESSED FOR DINNER Chairman O'Neal recessed the Regular Session for dinner from 6:16 o'clock P.M. to 7:08 o'clock P.M. ,--. ADOPTION OF AN ORDER TO CLOSE A PORTION OF JACKSON STREET LOCATED IN FEDERAL POINT TOWNSHIP planning Director Hayes gave background information on a Resolution of Intent to close a portion of Jackson Street located in Federal Point Township. He stated Mr. Amsey Boyd, the property owner, had requested the first 200 feet of Jackson Street north of Settlers Lane remain open in order to provide access for future development. Planning Director Hayes stated the staff had no problem with this request. LJ Chairman O'Neal asked if anyone on the proposed road closing. commented: present wished to speak The following person ----' I .r.:;J 98 MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) ADOPTION OF ORDER TO CLOSE ROAD (CONTINUED) Mr. Jim Knox presented a map requesting the Board to adopt the Resolution of Intent with the exception of the 200 feet as requested by Mr. Boyd. commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the Resolution of Intent for closing a portion of Jackson Street with exception of the first 200 feet as requested by Mr. Boyd. Upon vote, the MOTION CARRIED UNANIMOUSLY. " A copy of the order is contained in Exhibit Book XV, Page 18. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION FOR APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF COMMUNITY ASSISTANCE FOR A REVITALIZATION GRANT FOR HOUSING REHABILITATION Planning Director Hayes gave background information on application for a grant in the amount of $600,000 to rehabilitate thirty-six (36) low-income households in Phase I of the Sewer Project. He stated the City was willing to assist the County in the rehabilitation housing program, and a loan program would be established to generate revenue to develop a revolving fund for use in later phases of the system. LJ Planning Director Hayes commented on a local commitment of approximately $150,000 over a periOd of two to three years if the grant is awarded. Chairman O'Neal opened the Public Hearing. r- Chairman O'Neal asked if anyone present would like to comment on the grant application. No one commented. L Chairman O'Neal closed the Public Hearing. Vice-Chairman Dolan expressed concern for the amount of the local contribution stating no backup data had been received on this commitment. After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the resolution as presented by the Planning Director authorizing submission of an application to the North Carolina Department of Natural Resources and Community Development, Division of Community Assistance, for a Community Revitalization Grant in the amount of $600,000 for the purpose of housing rehabilitation. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett commissioner Retchin Chairman O'Neal Voting Noe: Vice-Chairman Dolan ,-- A copy of the resolution is contained in Exhibit Book XV, Page 18. L PUBLIC HEARING TO CONSIDER ADOPTION OF THE MIDDLE SOUND/OGDEN LAND USE PLAN planning Director Hayes gave background information on the Middle sound/Ogden Land Use Plan stating the plan is intended to serve as a policy guide for future growth and development of the Middle Sound/Ogden Community. He stated over 200 residents attended meetings and participated in data collection, problem identification, and establishment of objectives for the plan. ---' MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) ;) 4~ PUBLIC HEARING ON LAND USE PLAN (CONTINUED) " I LJ Planning Director Hayes stated the plan addresses three critical areas of concern in this community: traffic, development, and environment with traffic being the first priority. He presented the following options to assist in addressing the traffic problem: (1) widen Market Street to five (5) lanes from Eastwood Road to beyond Bayshore Estates, and (2) establish alternate access route (s) for Middle Sound Loop Road. Other areas of concern were residential density and the high rate of development. He stated recommended action is to rezone undeveloped land in the area to lower residential density such as R-20 Residential District or Rural Agricultural. Staff Planner Patti Logsdon and Staff Planner Wanda Coston presented charts of the proposed plan. Discussion was held on the traffic problem and meetings with the N. C. Department of Transportation. Chairman O'Neal opened the Public Hearing. Chairman 0' Neal asked if anyone present would like to speak in favor of the proposed plan. The following person commented expressing appreciation to the County and Planning staff for allowing citizens of the Middle Sound/Ogden area to participate in developing a plan for their community: Mr. Richard B. Gwathmey, Jr. [ Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed plan. The following person commented stating the plan does not adequately address the traffic and growth problems requesting further study before adoption: Mr. Wilbur E. Bryant Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the Neighborhood Plan for the Middle Sound/Ogden Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on the traffic problem. Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to write Governor Martin and N. C. Department of Transportation requesting immediate relief for the traffic situation in this area. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Gwathmey, representing the Middle/Sound Ogden Community, presented a resolution requesting a moratorium on permits for subdivisions, mobile home parks, multi-unit rental or condominium projects until the widening of U. S. 17 North to five lanes from the Ogden stoplight to N. C. 132 is completed or until January 1, 1988, whichever is earlier. i' It was the consensus of the Board not to make a decision on the moratorium request at this time. LJ WITHDRAWAL OF PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE 2.02 ACRES ON THE SOUTHEAST SIDE OF BLUE CLAY ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes stated the petitioner had withdrawn his appeal. ;00' MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO CLARIFY THE APPLICABILITY OF SPECIAL HIGHWAY OVERLAY DISTRICT REGULATIONS TO NON-RESIDENTIAL USES planning Director Hayes gave background information on the proposed Text Amendment clarifying applicability to non-residential uses in the Special Highway Overlay District. Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak ,-- in opposition to the Text Amendment. No one commented. L-- Chairman O'Neal closed the Public Hearing. After discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to approve the Text Amendment as presented. 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 18. BREAK Chairman O'Neal recessed the meeting for a break from 8:25 o'clock P.M. to 8:40 o'clock P.M. PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE REVISIONS TO SECTION 94-2 REGARDING THE PLACEMENT, LOCATION, REMOVAL, AND SIZE OF OUTDOOR ADVERTISING SIGNS Planning Director Hayes gave background information on preparation of proposed billboard regulations with Assistant Planning Director, Dave Weaver; Staff Planner, Patti Logsdon; and Staff Planner; Wanda coston, explaining the following regulatory alternatives: ,- 1. Leave the regulations as they are: Permitted in Highway Business & Industrial zoning districts but not along I-40, Eastwood Rd. and River Rd. The minimum space between signs is 1,000 ft. on same side of highway; and 150 ft. on opposite side of highway with a maximum sign area of 450 sq. ft. and a maximum height of 40 ft. No amortization period is required. L 2. Adopt regulations similar to the City of Raleigh: Permitted only in Industrial Zoning districts but not along I-40, Eastwood Road and River Road. The m~n~mum space between signs is 1,000 ft. in any direction with a maximum sign area of 150 sq. ft. on 4-lane roads; and 75 sq. ft. on 3-lane roads with a maximum height of 30 ft. All non-conforming billboards must be removed or fixed within 5 1/2 years. 3. Ban all new billboards: Not permitted anywhere. Billboards along certain roads must be removed within 5 1/2 years. " Discussion was held on the difference between on-premise and off-premise signs with the distinction that on-premise signs typically represent the only way for a business to identify itself and can be considered an accessory to a principal use. Off-premise signs (billboards) can be considered as a principal use that derives its total value solely from its proximity next to a public investment. LJ A lengthy discussion was held on amortization. MINUTES OF REGULAR MEETING MAY 4, 1987 (CONTINUED) 50 PUBLIC HEARING ON BILLBOARDS (CONTINUED) Planning Director Hayes stated the planning Board and Planning Staff recommended the proposed plan patterned after the City of Raleigh. Chairman O'Neal opened the Public Hearing. u Chairman O'Neal asked if anyone present would like to speak in favor of the proposed billboard regulations. The following persons commented expressing concern for the aesthetic impact of billboards in New Hanover County requesting a ban on billboards or adoption of a plan similar to the City of Raleigh. i' Mr. John Sawyer Mr. Peter Davis Mr. Ben Washburn Mr. Jack Dunn Mr. Bill Raney Mr. Allan White Mr. Lance Bivens Mr. Mike Vaughan Ms. Eda Fitzpatrick Mr. Cay Davis Mr. Mike Hodges Mr. John Sawyer, Chairman of the Planning Board, expressed appreciation to the County Planning Staff for the work and time given to prepare the billboard ordinance stating he felt the Raleigh Plan would work well in New Hanover County. I' L Chairman O'Neal asked if anyone from the general public wished to speak in opposition to the proposed billboard regulations. The following persons commented expressing concern for approving an ordinance that will eliminate billboards within 5 years and the impact upon the tourist industry, businesses, and loss of jobs by persons working for outdoor advertising companies: Mr. James Pridgen Mr. Dan Woodwock Mr. John Domony Mr. Tom Hodges Mr. Boyd Knapp The fOllowing person commented in a neutral position encouraging further study of "just compensation" and current County and City regulations before making a final decision: Mr. Rick Willetts, Jr. Mr. Don representative County. Jones, a government local and the citizen, beauty commented on of New Hanover Chairman O'Neal closed the Public Hearing. ,--. commissioner Retchin commented on the following areas where billboards would be allowed if the Raleigh Plan is adopted: 1) Highway 421, across the river (does not include Highway 421, South) and a small portion of the northern area of the County stating adoption of this plan would effectively eliminate billboards. He expressed concern for this plan stating the County had been continually addressing billboard regulations. LJ After further discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to adopt the ordinance as proposed by the Planning Board and Planning Staff similar to the ordinance for the City of Raleigh with a change in the MINUTES OF REGULAR MEETING MJ\Y 4, 1987 (CONTINUED) 02 PUBLIC HEARINGS ON BILLBOARDS (CONTINUED) minimum distance for location of signs next to churches, parks, and schools from 200 ft. to 400 ft. Chairman discussions. O'Neal opened the floor for further commissioner Retchin stated the major problem involved was the size of signs and made a SUBSTITUTE MOTION, SECONDED by Commissioner Barfield to include B-2 Highway Business with a 1,000 ft. spacing in any direction; increase distance to 400 ft. next to churches, parks, and schools; limit the size of signs to 300 sq. ft. on 4 lanes roads and l50 sq. ft. on three lane roads; and reduce the maximum height to 30 ft. ,- L- Chairman 0' Neal called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Voting Noe: Commissioner Corbett Vice-Chairman Dolan Chairman O'Neal Chairman O'Neal called MOTION as referenced above. AS FOLLOWS: for a vote on the ORIGINAL Upon vote, the MOTION CARRIED Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal r- Abstaining: Commissioner Barfield 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 18. L_ BREAK Chairman O'Neal recessed the meeting for a break from 10:30 o'clock P.M. to 10:45 o'clock P.M. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Chairman O'Neal adjourned the meeting at 10:50 o'clock P.M. cl:;:;,z:::' Lucie F. Harrell Clerk to the Board r- L- MINUTES OF SPECIAL MEETING - BUDGET WORKSHOP - MAY 8, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Friday, May 8, 1987, at 8:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina.