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1987-07-07 Regular Meeting L_~_ _ _____ ;48 MINUTES OF REGULAR MEETING, JULY 7, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, July 7, 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. Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; Vice-Chairman John M. Dolan; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. r- L.. Members absent were: Commissioner W. Albert Corbett, Jr. and Chairman Nolan O'Neal who were on trips out-of-town. Reverend Rene' Pare, Pastor of Unity Christ Church of Wilmington, gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Special Meeting of May 22, 1987, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman Nolan O'Neal Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of June 1, 1987, with the following corrections: r- Page 3 - a correction in the title of Mr. Tom Pollard from "Chairman" of the N. C. Board of Transportation to a "Member" of the N. C. Board of Transportation. L.. Page 8 - Clarification of Paragraph 6 - requesting the Deputy Clerk to refer to the tape and revise paragraph. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the minutes of the Special Meeting of June 3, 1987, and Continued Meeting of June 4, 1987, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan ,---- Absent: Commissioner Corbett Chairman Nolan O'Neal L.. commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of June 15, 1987, with revision of Page 5 as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED AS FOLLOWS: - _.__~~I MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5l Approval of Minutes (continued) Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman Nolan O'Neal NON-AGENDA ITEMS " Request for Adoption of Resolution Placing a Moratorium on Further Construction of Subdivisions, Mobile Home Parks, Multi-Unit Rental or Condominium Projects or Performance Residential Subdivisions in Middle Sound/Ogden Area Mr. Richard Gwa thmey , representing homeowners of the Middle Sound/Ogden area, commented on a resolution presented by the homeowners on May 4, 1987, for placing a moratorium on further construction of subdivisions, mobile home parks, multi-unit rental or condominium projects or performance residential subdivisions in the Middle/Sound Ogden area. He asked if any action had been taken by the commissioners and and if not, he requested the Board to adopt the resolution. L-J Vice-Chairman Dolan commented on a letter forwarded by Chairman O'Neal after the May 4 meeting requesting the North Carolina Department of Transportation to address the traffic problem as quickly as possible. He stated at the Public Hearing for the 1987-88 Secondary Road Program held on June 1, 1987, Mr. Tom Pollard, a member of the N. C. Board of Transportation, stated DOT was aware of the traffic situation in the Middle Sound/Ogden area and was in the process of trying to solve the problem. " Concern was expressed for adopting a resolution which would limit property owners in developing their property. Discussion was also held on the recent Supreme Court ruling with the consensus of the commissioners to request the County Attorney to investigate the possible consequences of such a resolution with a report being presented at a later date. L-J APPROVAL OF CONSENT AGENDA Vice-Chairman Dolan questioned the type of PSO Radio equipment being purchased under Item *2. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the fOllowing Consent Agenda items with approval of the bid in Item *2 as recommended subject to approval of the Airport Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal " CONSENT AGENDA ITEMS I LJ Adoption of Proclamation Designating Hurricane Awareness Week in New Hanover County The Commissioners adopted a proclamation designating July 6-10, 1987, as Hurricane Awareness Week. A copy of the resolution is contained in Exhibit Book XV, Page 27. 50 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) Approval of Consent Agenda (Continued) Adoption of Resolution Awarding Bid for Radio Equipment - New Hanover County Airport The Commissioners adopted a resolution awarding Seacoast communications the bid in the amount of $19,753 for radio equipment at the Airport. The Chairman was authorized to execute the contract. A copy of the resolution is contained in Exhibit Book XV, Page 27. r- Approval of Payment to McKim and Creed Engineering for Consultant Fees - North Terminal Expansion - Airport The Commissioners approved payment in the amount of $1,834 to McKim and Creed Engineering to cover additional charges for extra meetings not included in scope of services for the North Terminal Expansion. L.. Approval of Salary Range Director position The commissioners the Assistant Planning 77. Upgrade Assistant Planning approved a salary range upgrade for Director's position from Range 75 to Approval for Establishment of Committee to Draft a Smoking Policy for County Departments The Commissioners approved establishment of a Policy Committee to draft a Smoking Policy for County Departments. Adoption of Resolution to Submit 1987-88 Land Records Management Grant Application The Commissioners adopted a resolution to file for the 1987-88 Land Records Management Grant application for $124,002 in matChing funds to assist in the automation of our land records system. r- A copy of the resolution is contained in Exhibit Book XV, Page 27. L.. Adoption of Resolution for Addition of North Lumina Avenue to State Secondary Road System The Commissioners adopted a resolution for addition of North Lumina Avenue, Division File *559-N, to the N. C. State Secondary Road System. A copy of the resolution is contained in Exhibit Book XV, Page 27. Annual Certification of Firemen The Commissioners certified the rosters presented by the following Volunteer Fire Departments for submission to the N. C. Firemen's Pension Fund. Seagate Volunteer Fire Department Myrtle Grove Volunteer Fire Department New Hanover County Airport Office of Public Safety - Crash and Fire Rescue Copies of the rosters are contained in Exhibit Book XV, Page 28. r- Partial Release of Refund - Edward E. Dallas Benton - Tax Department The Commissioners approved the Tax Administrator's recommendation for partial release and refund of a tax penalty in the amount of $21.51 for Edward E. Dallas Benton, Refund Account *810374. L.. L-__ __ __ MINUTES OF REGULAR MEETING, JULY 7,1987 (CONTINUED) 5~ Approval of Consent Agenda (Continued) Approval of Change Order 117 - Courthouse Renovation - Change Order 117 - Security Building Company, Inc. - Engineering Department The Commissioners approved Change Order *7 amount of $3,350 to Security Building Company, install steel lintel above window, to install steel in the Inc. to ledger !' Consent Agenda - Approval of Change Order 117 (continued) LJ angles adjacent to column near elevator at second floor framing, and rework entry area into women's toilet. The Commissioners also approved a Budget Amendment in the amount of $3,350 from Contingencies to General Contract. Approval for Waiver of Landfill Fees Queen's Point Association - Engineering Department The Commissioners approved waiver of landfill fees to the Queen's Point Association during a community clean-up project to occur the latter part of August. Approval for Establishment of Museum Advisory Building Committee - New Hanover County Museum The Commissioners approved establishment of a Museum Advisory Building Committee composed of the following: one County Commissioner; the County Engineer; the Museum Director; a Museum Trustee; and a Foundation Board Member. The charge of the Committee is to assist with certain aspects of the building construction, renovation and furnishings. " A copy of the committee's charge is contained in Exhibit Book XV, Page 28. LJ Adoption of Resolution Authorizing the Chairman to Enter Into Contracts With Non-County Organizations The Commissioners adopted a resolution authorizing the Chairman to enter into contracts with non-county organizations receiving County funding in fiscal year 1987-88. A copy of the resolution is contained in Exhibit Book XV, Page 28. Adoption of Resolution for Establishment of Cash Management Policy The Commissioners adopted a resolution for establishment of a Cash Management Policy for New Hanover County. " A copy of the resolution and policy are contained in Exhibit Book XV, Page 28. Adoption of Budget Ordinance and Approval of Budget Amendment for Health Department Expansion The commissioners adopted a Budget Ordinance and approved the following Budget Amendment to set up Project Budget for Health Department Expansion. LJ 88-00000001 Health Dept. Expansion Debit Credit Health/Administration Professional Services $115,000 Health Department Expansion Transfer In 115,000 --' 52 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) Approval of Consent Agenda (Continued) Non-Departmental Transfer to Other Funds (Transfer Out) Credit $115,000 Health Department Expansion AlA Survey/Testing Engineering - Out-of-Pocket Contingencies 104,885 4,610 2,500 3,005 " A copy of the Project Ordinance is contained in Exhibit Book XV, Page 28. LJ Approval of Budget Amendment Print Shop Finance Department The Commissioners approved the following Budget Amendment for the Print Shop to cover cost of departmental supplies for the remainder of fiscal year 1986-87. 87-00000306 Print Shop Debit Credit Print Shop Charges Departmental Supplies $2,500 $2,500 Budget Amendment Reported for Entry Into Record The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the record: 87-00000292 Health/Neurology Adult Debit Credit Neurology State Revenue $2,200 Professional Services $2,200 r- Increase in State Revenue needed for diagnostic studies for neurOlogical conditions. L.. Acceptance of Grant From the New Hanover County Museum Foundation, Inc. The commissioners accepted a grant from the New Hanover County Museum Foundation, Inc. in the amount of $4,319.40 to fund salaries of two temporary museum employees, the Educational Assistant and Weekend Receptionist, for a period of three months beginning July 8, 1987. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO AMEND THE AMHOIST EMPWYMENT GOALS IN COMMUNITY DEVEWPMENT Bwcr GRANT NUMBER 84-C-6878 Planning Director Hayes gave background information on the CDBG Grant in the amount of $749,997 from the Department of Natural Resources and Community Development to be used to finance economic development in New Hanover County. He stated the County entered into an agreement with American Hoist and Derrick Company on January 31, 1985. Since this time, the crane industry has been in a state of severe depression which has directly impacted on the employment goals of AmHoist to create 560 jobs of which 285 will be filled by persons of low and moderate income. Planning Director Hayes stated the proposed amendment recommends a partial waiver of the employment commitment from 560 jobs to 246 jobs at its local plant of which at least 126 shall be persons of low and moderate income. r- L Commissioner Barfield questioned the sale of AmHoist and what impact this sale would have on the County. Planning Director Hayes stated the agreement was with AmHoist Company, not the local plant, stating the crane section was only one division of this company. MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5! Vice-Chairman Dolan opened the Public Hearing. He asked if anyone present would like to speak on the proposed amendment. The following person commented: Mr. Bob Foster, the Manufacturing Manager of AmHoist, commented on the stability and sound financial condition of AmHoist listing other products manufactured by the company. !' i U Discussion was held on the grant agreement and the possibility of the County having to reimburse the grant funds. Planning Director Hayes stated the grant monies were expended when AmHoist moved to Wilmington, North Carolina, not at the time of the sale. County Attorney Pope stated the State of North Carolina had requested a plan from New Hanover County to meet the eligibility requirement. He stated the proposed amendment granting a partial waiver of its employment commitments should provide to the State a plan in which the eligibility criteria can be met. County Manager Cooper stated if the State and HUD do not accept this proposed amendment, New Hanover County could be requested to reimburse the State for a portion of the grant. He stated this was most unlikely; however, should this occur, New Hanover County could then request reimbursement of these funds from AmHoist. Vice-Chairman Dolan closed the Public Hearing. After further discussion, commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the resolution as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: !' i ~ Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: commissioner Corbett Chairman O'Neal A copy of the resolution is contained in Exhibit Book XV, Page 28. POSTPONEMENT AND RESCHEDULING OF PUBLIC HEARINGS - ITEMS 117, 1113, AND 1116 Mr. Harry Oakes, representing various building contractors, appeared before the Commissioners requesting postponement and rescheduling of Items 117, and 1113 due to a prior commitment by local builders to attend a Home Builders Association meeting. r L Mr. Oakes also requested postponement of Item 1116, an appeal by Nathan Sanders, stating Mr. Harold Seagle, the attorney representing Mr. Sanders, had requested more time to prepare the appeal. After discussion, commissioner Retchin MOVED, SECONDED by Commissioner Barfield to postpone the Public Hearings to the first meeting in August. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: commissioner Corbett Chairman O'Neal 54 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO WCATE A MOBILE HOME ON THE NORTH SIDE OF HOLLY SHELTER ROAD IN AN I-2 INDUSTRIAL DISTRICT Vice-Chairman Dolan opened the Public Hearing. Vice-Chairman Dolan asked anyone present wishing to testify to step forward to be sworn in by the Clerk. The following person was sworn in: Ms. Billie Herman r- Planning Director Hayes gave background information on the request to locate a mobile home on the north side of Holly Shelter Road in an 1-2 Industrial District. He stated all requirements had been met. L.. Vice-Chairman Dolan asked if anyone present wished to speak. The following person commented: Ms. Billie Herman, representing the petitioner, Mr. Emerson White, stated the mobile home would be used as a single family dwelling. Vice-Chairman Dolan asked the findings and statements Department. Ms. Herman stated Ms. Herman if she agreed with presented by the Planning she concurred. Vice-Chairman Dolan asked if anyone present wished to speak in opposition to issuance of the Special Use Permit. No one commented. Vice-Chairman Dolan closed the Public Hearing. After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve issuance of the Special Use Permit based upon the following findings of fact and following conclusions: (1) the conclusion that 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 conclusion that the proposed use does satiSfy the second general requirement; namely, that the use meets all required conditions and specifications with the findings that mobile homes are permitted by a Special Use Permit in the I-2 Heavy Industrial District and that adequate area exists to meet off-street parking requirements; (3) the conclusion that 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 with the findings of fact that the use will be located on a large tract of land in a sparsely developed area. Land usage in the area is primarily low density residential and industrial with industrial development at a non-intensive nature; (4) the conclusion that the proposed use does satisfy the fourth general requirement; namely, 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 with the findings of fact that the site is classified Resource Protection in the 1986 Land Use Plan Update. Low density residential land uses are permitted provided important natural resources are protected. Upon vote, the MOTION CARRIED AS FOLLOWS: r- L.. r- L.. Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5! A copy of the Special Use Permit is contained in SUP Book I, Page 28. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO WCATE A MOBILE HOME ON THE EAST SIDE OF U. S. 421 NORTH ADJACENT TO THE COUNTY LANDFILL FOR USE AS A DWELLING UNIT INCIDENTAL TO THE PRINCIPAL USE IN AN I-2 HEAVY INDUSTRIAL ZONE Vice-Chairman Dolan opened the Public Hearing. r L Vice-Chairman Dolan asked anyone present wiShing to testify to step forward to be sworn in by the Clerk. The following person was sworn in: Mr. Henry D. Bahr Planning Director Hayes gave background information on the request for placement of a mobile home in an 1-2 Heavy Industrial Zone. He stated all general requirements had been met. Vice-Chairman Dolan asked if anyone present wished to speak on the request. The following person commented: Mr. Henry D. Bahr, the petitioner, stated the purpose of the mobile home would be for a temporary residence due to expansion of his business plus providing additional office space. Vice-Chairman Dolan asked Mr. Bahr if he agreed with the findings and statements presented by the Planning Director. Mr. Bahr stated he concurred wi th the presentation by the Planning Staff. r L Vice-Chairman Dolan closed the Public Hearing. r I LJ After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to grant the Special Use Permit based on the following findings of fact and drawing the following conclusions: (1) the proposed use does satisfy the first general requirement; namely, 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 with the conclusions that the County Health Department has issued an improvements permit for sewage disposal; the site has direct access to U. S. 4 2l; and the site is located in the South Wilmington Fire District; (2) the proposed use does satisfy the second general requirement; namely, the use meets all required conditions and specifications with the conclusions that a dwelling unit incidental to a principal use is permitted special use in the 1-2 Heavy Industrial District. A mobile home may be used as a separate unattached dwelling SUbject to the following: (a) an area of 15,000 feet be designated for use of the residents. The total site area is four acres or more; (b) the structure shall be screened from view. The mobile home is located to the rear of the principal use; (c) The dwelling unit shall be occupied solely by the person engaged in the principal use. The owner of the business is the intended occupant; (d) adequate area exists to provide additional two off-street parking spaces; and (e) a site plan outlining the intended land uses has been submitted; (3) the proposed use does satisfy the third general requirement; namely, the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessary with the conclusion the general area is developed primarily with industrial uses. Residential uses as accessory uses are permitted under special conditions; (4) the proposed use does satisfy the fourth general requirement; namely, the location and character of the use if developed according to the plan as submitted and 56 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 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 with the conclusion the property is classified Transition on the 1986 Land Use Plan Update. More intense urban development is encouraged where economically provided public services are available. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan r- Absent: Commissioner Corbett Chairman O'Neal L.. A copy of the Special Use Permit is contained in Exhibit Book XV, Page 28. PUBLIC HEARING TO CONSIDER RECOMMENDATION TO REZONE .82 ACRE ON THE WESTERN SIDE OF RACINE DRIVE EXTENSION AT THE WESTERN TERMINUS OF CARL STREET TO B-2 BUSINESS FROM R-20 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating all property west of this proposed road, except for several residential lots along oriole Drive and the subject property are either zoned B-2 Business or located in zoning jurisdiction of the City of Wilmington. Based upon the land classification of Transition, the location in relation to the Racine Drive Thoroughfare, and recent zoning decisions in the area, the Planning Board and Planning Staff recommend approval. Vice-Chairman Dolan opened the Public Hearing asking if anyone present wished to speak on the rezoning request. No one commented. ,-- Vice-Chairman Dolan closed the Public Hearing. After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve rezoning .82 acres located on the west side of the proposed Racine Drive extension from R-20 Residential to B-2 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: L Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal 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 Ordinance Book II, Section 9-B, Page 62. PUBLIC HEARING TO CONSIDER RECOMMENDATION TO REZONE 1.5 ACRES ON THE EAST SIDE OF DICK AVENUE TO B-1 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating properties east of Burke Avenue adjacent to properties in question were rezoned to business in October 1985. He stated since these rezonings, the Town of Wrightsville Beach, through satellite annexation, will allow property owners to obtain commercial zoning under the umbrella of the Wrightsville Beach Zoning Ordinance. Planning Director Hayes stated the Planning Board and Planning Staff recommend approval of the rezoning request. ,-- L Vice-Chairman Dolan speak in favor of the person commented: asked if anyone present wished to rezoning request. The following !' I LJ I' ~ " I L.J MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5 : Mr. Michael Andrews, representing the property owners requesting the B-1 zoning, commented on surrounding property being zoned commercial and requested approval of the request. Commissioner Barfield expressed concern for the various rezonings in this area and encroachment into a residential neighborhood, stating the property should remain R-15. Vice-Chairman Dolan asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Vice-Chairman Dolan closed the Public Hearing. After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to rezone the property to B-1 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Vice-Chairman Dolan Voting Noe: Commissioner Barfield Absent: Commissioner Corbett Chairman O'Neal A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969," is contained in Zoning Ordinance Book I, Section 2, Page 24. PUBLIC HEARING TO CONSIDER A RECOMMENDATION TO DENY A REQUEST TO REZONE 5.5 ACRES ON THE SOUTH SIDE OF NORTH KERR AVENUE TO A-I AIRPORT INDUSTRIAL FROM A-R AIRPORT RESIDENTIAL Planning Director Hayes and Planner Avery presented slides and gave baCkground information on the recommendation to deny rezoning 5.5 acres on the South side of North Kerr Avenue to A-I Airport Industrial from A-R Airport Residential. Planning Director Hayes stated the Planning Board recommended denial due to poor access and the intensity of residential development. Vice-Chairman Dolan speak in favor of the person commented: asked if anyone present wished to rezoning request. The fOllowing Ms. Ginni Godwin, representing the petitioner, Mr. Steve Hutchinson, stated the rezoning request had been submitted in order to allow Mr. Hutchinson to erect a 5,000 square foot maintenance building for expansion of his landscape business. She respectfully requested approval of the rezoning request. Commissioner Barfield intensifying commercial growth request. expressed concern for with approval of the rezoning Mr. Steve Hutchison, the petitioner, commented on the size and isolation of the property. He stated the building would be used to store equipment for his landscaping business. Vice-Chairman Dolan asked if anyone present wished to speak in opposition to the rezoning request. The following persons commented expressing concern for rezoning to a use that would encourage more commercial development: Ms. Sere1la James Mr. Nero Scott 58 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) Vice-Chairman Dolan closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to deny the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal r- PUBLIC HEARING TO CONSIDER RENAMING A PRIVATE ROAD (EASEMENT) TO RIGGS TRAIL WCATED IN MASONBORO TOWNSHIP Planning Director Hayes gave background information on the renaming of a private driveway to Riggs Trail. He expressed concern for policy control regarding the naming of access easements and potential confusion as to the legal status of such streets as to whether a named easement is a dedicated public or private road. He also commented on confusion to emergency services for identification of streets and roads if the County allows driveways to be named. He stated the Planning Staff recommends denial of the request. L.. Vice-Chairman Dolan opened the Public Hearing. Vice-Chairman Dolan asked if anyone present would like to speak in favor the request. The following person commented: Mr. Charles I. Riggs, the petitioner, commented on emergency vehicles not being able to locate his home which is approximately 700 feet off of Carolina Beach Road and requested approval of the request. r- Vice-Chairman Dolan asked if anyone present wished to speak in opposition to request. No one commented. L Vice-Chairman Dolan closed the Public Hearing. After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the naming of the private drive to Riggs Trail as requested by the petitioner. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal A copy of an order naming the private drive to Riggs Trail is contained in Exhibit Book XV, Page 29. PUBLIC HEARING TO CONSIDER THE ASSIGNMENT OF HOUSE NUMBERS ON GREENVILLE LOOP ROAD FROM THE CORPORATE LIMITS OF WILMINGTON EXTENDING EAST AND NORTHEAST TO ITS INTERSECTION WITH OLEANDER DRIVE Planner Sam Burgess gave background information on the assignment of house numbers for the purpose of identification for emergency services and other County services stating the Planning staff recommends approval. r- L Vice-Chairman Dolan opened the Public Hearing. Vice-Chairman Dolan asked if anyone present wished to speak in favor of or in opposition to the assignment of house numbers on Greenville Loop Road. No one commented. Vice-Chairman Dolan closed the Public Hearing. MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) S.Qc . / After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the assignment of house numbers on Greenville Loop Road as presented by the Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan " Absent: Commissioner Corbett Chairman O'Neal , I LJ A copy of an order assigning street house numbers is contained in Exhibit Book XV, Page 29. r L DISCUSSION OF SOUTHEASTERN MENTAL HEALTH DETOX CENTER DESIGN CONTRACT Director of Engineering and Facilities, Ed Hilton, stated since the County owns the property on which the Southeastern Mental Health Center is located, he and Cam McAbee had been assigned to work with the Mental Health Center to expand the existing facility to provide a Detox Center. He stated no County funds are directly involved in the project, but a budget had been established for design contracts and the future construction contract. Director Hilton stated the design firm, Synthesis, had projected a space need of 11,000 sq. ft. instead 8,200 sq. ft. as first anticipated stating the projected cost of the project now was $795,000 instead of the original figure of $500,000. Director Hilton stated Synthesis had expressed concern with the fixed limit of construction cost as a condition of the contract and did not want to imply acceptance of the original bUdget with the cost variance. He requested direction of the Commissioners and made the following recommendations: (1) enforcement of the original budget, requiring the architect to reduce the scope of the facility; (2) modification of the budget to a level indicated by the architect; or (3) waive the provision in the contract but stipulate when bids are taken, if the bids are in excess of the budget, the project will not proceed unless the Mental Health Center provides those additional funds. Director Hilton stated the Certificate of Need may be impacted by any of the above recommendations. -, Mr. Mel Martin, Director of the Southeastern Mental Health Center, commented on the original square footage estimate being as accurate as possible at the time when the Certificate of Need was submitted. He stated at that time, there were no State specifications concerning detox facilities but since then, certain State regulations have been enacted which have increased the need for additional space. Mr. Martin commented on the total budget figure being $594,375 instead of $500,000 stating New Hanover Memorial Hospital had committed to $500,000 of funding with the Mental Health Center responsible for raising of other funds. He stated a Special Fund was established by the Mental Health Board at its last meeting appropriating $70,000 for the project from State funds, and he indicated additional State funds could be obtained. --..J Mr. Martin, for the record, stated New Hanover County would not be asked to contribute directly to the project since this is a three-county program stating the money acquired should come from all three counties. He recommended a modified Option 3 allowing the architect to prepare a design that will be adequate for the needs of the facility but will also scale down the space. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to accept Option 3 as presented by the Director of Engineering and Facilities waiving the provision in the contract but stipUlating when bids are received, if the bids are in excess of the budget, the MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) o~tJ project will not proceed unless the Mental Health Center provides those additional funds. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal REAPPOINTMENT OF ROLAND G. REGISTER AS TAX ADMINISTRATOR commissioner Retchin complimented Tax Administrator Register on his job performance and MOVED, SECONDED by Commissioner Barfield to reappoint Roland G. Register as Tax Administrator for a four-year term. Upon vote, the MOTION CARRIED AS FOLLOWS: " LJ Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal County Manager Cooper commented on changes in the Ancient Machinery Act stating the household personal property tax and inventory tax had been eliminated. He stated due to developing a computer tax listing service and changes in workloads of various departments, Staff would be working on a restructuring plan for the Tax Department which would be presented to the Board at a later date. APPROVAL OF AMENDMENTS TO NEW HANOVER COUNTY FIRE ORDINANCE Mr. Chris Elrod, Fire Marshal, presented the following amendments to the New Hanover County Fire Ordinance as recommended by the N. C. Building Codes Council: n 1. A verbiage change to indicate the local ordinance will in no way conflict with the North Carolina Right-to-Know Legislation. L.. 2. Establishment of a Board of Appeals to review fire code decisions. Fire Marshal Elrod recommended appointing a separate Board of Appeals from the Board of Fire Commissioners. He suggested the membership be composed of five members and two alternates with four of the five members professionals in fields that deal with fire and/or inspections and one member a citizen at-large. The following professionals were recommended to serve on the Board of Appeals: 1. Fire Service Representative (Prefer Line Officer) 2. Inspections Representative 3. Insurance Representative 4. Engineering or Architectural Representative 5. Citizen At-Large Vice-Chairman Dolan asked if the Board of Fire Commissioners could serve as the Board of Appeals to cut down the number of separate boards. Fire Marshal Elrod stated due to technical and educational criteria needed for the decisions and interpretations of the code, a separate board would be more functional. r L Commissioner Retchin expressed concern for a separate board being established which would not be very active recommending the Board of Fire Commissioners to serve as the Board of Appeals. He stated the County Staff could be utilized during the process of a hearing. L~_ r I LJ !' L I , L.J MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5i Commissioner Barfield asked if an Executive Committee could be established within the Board of Fire Commissioners to serve as the Board of Appeals. Mr. Elrod stated he would be glad to discuss the matter with the Board of Fire Commissioners but requested approval of the verbiage change and establishment of a Board of Appeals in order for the New Hanover County Fire Ordinance to be approved by the State of North Carolina. After discussion, it was the consensus of the Board to approve the verbiage change and establishment of a Board of Appeals as requested by the N. C. Building Codes Council. After discussion of legal representation by the Legal Department for this Board of Appeals, it was the consensus of the Board to request the County Attorney to work with the Public Services Director and Fire Marshal on establishing a 3-member Board of Appeals within the New Hanover County Fire Board of Commissioners. Vice-Chairman Dolan asked who would determine if a fire hazard exists when inspecting a building, the Building Inspector or Fire Marshal. Fire Marshal Elrod stated the determination would be made by him. APPROVAL OF FUNDING TO PROVIDE TRANSPORTATION FOR SENIOR CITIZENS TO LUCILE SHUFFLER NUTRITION SITE Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve funding in the amount of $6,500 to provide transportation to senior citizens of the former St. Stephen's Nutrition Site to the Lucile Shuffler Nutrition Site. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan Absent: commissioner Corbett Chairman O'Neal APPOINTMENT OF MEMBERS TO SERVE ON NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to appoint Mr. Gary S. Rowe as a representative of the Winter Park Fire District and Mr. E. Marion Covil, Jr. as a representative of the Ogden Fire District to serve two year terms on the New Hanover County Board of Fire Commissioners expiring July 1, 1989. These nominations were received from the Winter Park Volunteer Fire Department and Ogden Volunteer Fire Department. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to appoint Mr. Carroll R. League as a representative of the Federal Point Fire District to serve a two year term on the New Hanover County Board of Fire Commissioners expiring July 1, 1989. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal ---' -62 MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to appoint Mr. Delano Richard Collins as a representative of the Wrightsboro Fire District to serve a two year term on the New Hanover County Board of Fire Commissioners expiring July 1, 1989. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan r- Absent: Commissioner Corbett Chairman O'Neal L.... Commissioner Retchin recommended when advertising for applicants to serve on the Board of Fire Commissioners that the ad include the fire districts in which the vacancies are available stating this would avoid receiving ineligible applications from persons not living within a certain fire district. It was the consensus of the Board to request the Clerk to advertise accordingly. DESIGNATION OF COMMISSIONER FRED RETCHIN TO SERVE AS THE VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE Commissioner Barfield MOVED, SECONDED by Vice-Chairman Dolan to designate Commissioner Fred Retchin to serve as the Voting Delegate at the North Carolina Association of County Commissioners Annual Conference to be held in Charlotte on August 13-16, 1987. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan r- Absent: Commissioner Corbett Chairman O'Neal L.. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Allen's Lane Commissioner Barfield stated he had received complaints from property owners on Allen's Lane with reference to the owner of Driftwood Mobile Home Park placing iron stakes on a portion of the lane which has severely narrowed accessibility. The owner of the Mobile Home Park claims his property has been encroached upon according to a recent survey and staked the land accordingly. commissioner Barfield expressed concern for public safety particularly emergency vehicles when using the lane stating the County was in an awkward position since this is a private road. County Attorney Pope stated adjoining property owners should collectively present their deeds to a surveying firm and ascertain exactly where Allen's Lane should be located. It was the consensus of the Board to request the County Attorney to discuss the easement with the Engineering Staff and report back to the Board. r- L Discussion was held on a previous Health Inspector, who was a friend of the owner of Driftwood Mobile Home Park, and allegedly approved septic tank permits which were illegally installed. Vice-Chairman Dolan expressed concern for a Health Inspector issuing permits which are in non-compliance stating this matter should be addressed. County Manager Cooper stated if the name of the Health Inspector could be obtained, and if he is currently employed by the Health Department, Chairman O'Neal should present this matter to the Board of Health for further investigation. (~ J "'\ U ~"\ (J , . .'.'r>.';.- ~. .-,....:;. ,~. ~'''~ ..,-t."::"',.. , MINUTES OF ~'LAR MEETING, JULY 7, 1987,-,,cONTINUED) .s' ~3 DISCUSSION OF ADDITIONAL ANIMAL CONTROL FOR CAROLINA BEACH commissioner Barfield complimented County Manager Cooper on the documentation received on previous negotiations with the Town of Carolina Beach for additional animal control requesting the Manager to forward this information to the Mayor Pharr and continue to pursue the issue. Vice-Chairman Dolan stated the people at Carolina Beach feel they do not receive the same quality of service as in the Wilmington area. He commented on a complaint received about a pitbull stating when he contacted the Animal Control Office with reference to the complaint, no assistance was given by the individual on call. Upon contacting Mr. Robert Parker, Director of the Health Department, he was most helpful in resolving the complaint. Vice-Chairman Dolan recommended some form of a patrol schedule be established to cover all areas of the County. Endorsement of House Bill l295 - Register of Deeds Commissioner Retchin stated Ms. Rebecca Tucker, Registrar of Deeds, had requested support of House Bill 1295 increasing fees and retirement benefits for the Register of Deeds. After discussion, it was the consensus of the Board to authorize Vice-Chairman Dolan to write a letter to Senator Block encouraging support of this bill when presented to the N. C. Senate. Farewell to Kathy Gant - Star News Reporter Vice-Chairman Dolan, on behalf of the Commissioners, wished Ms. Kathy Gant, the Star News Reporter covering activities of the County Commissioners and County, success in her new position with the newspaper. He ,complimented Ms. Gant on an outstanding job in news coverage and expressed appreciation to her for her cooperative manner at all times. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Agenda Items - Additional Items and Change Orders County Manager Cooper stated with the six major Capital Proj ects currently underway, change orders and additional items were going to become more frequent due to establishment of an earlier deadline for receipt of agenda items. He requested authorization to approve additional levels of change orders with prior approval by the consultant and within the budget stating this would avoid unnecessary delays in construction by not having to wait until the next regularly scheduled meeting. Commissioner R!;!tchin commented on the budgeted amount in a capital project asking for an explanation. county Manager Cooper stated change orders would be approved only if money was available in contingencies of the capital project stating he would not have authority to amend the capital project. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize the County Manager to approve change orders subj ect to: ( 1) money already being budgeted; (2) approval by the consultant and Director of Engineering & Facilities; and (3) report of approved change orders for entry into the record at the next regularly S'~1 I: I I, I I , ,.h . ,.,~t ::,":'"1 -, MINUTES OF ~LAR MEETING, JULY 7, 1987(.....pONTINUED) scheduled meeting. FOLLOWS: Upon vote, the MOTION CARRIED AS Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Absent: Commissioner Corbett Chairman O'Neal Discussion of Proposals Received for Development of Airport ..-- "-. Master Plan Director of Engineering and Facilities, Ed Hilton, ,~/ commented on proposals received for development of the Airport Master Plan. He stated a Special Meeting had been scheduled for Friday, July 31, 1987, for presentation of the proposals. After discussion, it was the consensus of the Board to hear five proposals from consulting firms with a limit of 20 minutes for each presentation. Discussion of Jetstream County Manager Cooper stated Commissioner Corbett had been meeting with Jetstream officials as directed by the Board of Commissioners. After completion of his last meeting with Jetstream, Commissioner corbett requested that Director of Inspections, Schuyler Conklin, appear before the Commissioners to discuss certain issues. County Manager Cooper stated Sky was unable to attend the meeting due to his father being seriously ill who lives in West Virginia. Discussion of Meals Contract to Newbold Catering Company - ,..----" Department of Aging Assistant County Attorney Silliman c<;:lmmented on the '-....._) meals contract to Newbold Catering Company stating the performance bond was issued for the combined total of the New Hanover County and Pender County contracts with the benef.iciary listed as New Hanover County. He stated this had created concern for Pender County and recommended preparing a contract between New Hanover County and Pender County whereby New Hanover County will agree to enforce the bond if there is a default in the Pender County contract with both parties jointly stating the portion of the bond amounts for each County. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize preparation of the agreement as requested by Assistant County Attorney Silliman. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan Absent: commissioner Corbett Chairman O'Neal /'\ I Illegal '-J Increase of Endorsement of Senate Bill 1131 Dumping Fines Vice-Chairman Dolan stated Ms. Grace Avery, Director of the Clean Community Commission, had requested the County commissioners to endorse SB 11131 increasing illegal dumping fees. After discussion, it was the consensus of the Board to authorize Vice-Chairman Dolan to write a letter to the State Representatives encouraging support of this bill. MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED) 5( ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield commissioner Retchin Vice-Chairman Dolan " Absent: commissioner Corbett Chairman O'Neal , , u Vice-Chairman Dolan adjourned the meeting at 10:10 o'clock P.M. Respectfully submitted, ~~~~ Clerk MINUTES OF REGULAR MEETING, JULY 20, 1987 ASSEMBLY The New Hanover County Board of commissioners met in Regular Session on Monday, July 20, 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. " i ~ Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman John M. Dolan; Chairman Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chaiman O'Neal called the meeting to order. Reverend Johnnie Phillips, Associate Minister of First Baptist Church, gave the invocation. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished to speak on an item not listed on the Regular Agenda or any item listed on the Consent Agenda. APPROVAL OF CONSENT AGENDA County Manager cooper requested Reclassification Requests, be withdrawn from Agenda for further study and recommendations to later date. Item 115, the Consent be made at a " ! L.--J commissioner Retchin requested Item 116, an amendment to the Animal Control Ordinance, be withdrawn for discussion during the regular meeting. Vice-Chairman Dolan questioned Item 1115, asking where funds are distributed when not utilized in a current year. County Manager Cooper stated these funds revert back to the General Fund. After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to withdraw Items 115 and 116 as requested with approval of the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY.