1987-07-07 Regular Meeting
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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.
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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:
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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.
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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
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Absent: Commissioner Corbett
Chairman Nolan O'Neal
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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:
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MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED)
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Approval of Minutes (continued)
Voting Aye: Commissioner Barfield
Commissioner Retchin
Vice-Chairman Dolan
Absent: Commissioner Corbett
Chairman Nolan O'Neal
NON-AGENDA ITEMS
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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.
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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.
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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.
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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
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CONSENT AGENDA ITEMS
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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.
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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.
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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.
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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.
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A copy of the resolution is contained in Exhibit Book
XV, Page 27.
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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.
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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.
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MINUTES OF REGULAR MEETING, JULY 7,1987 (CONTINUED)
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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
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Consent Agenda - Approval of Change Order 117 (continued)
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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.
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A copy of the committee's charge is contained in
Exhibit Book XV, Page 28.
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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.
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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.
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88-00000001 Health Dept. Expansion
Debit
Credit
Health/Administration
Professional Services
$115,000
Health Department Expansion
Transfer In
115,000
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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
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A copy of the Project Ordinance is contained in Exhibit
Book XV, Page 28.
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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
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Increase in State Revenue needed for diagnostic studies
for neurOlogical conditions.
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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.
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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)
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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.
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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:
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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.
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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
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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
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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.
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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:
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Voting Aye: Commissioner Barfield
Commissioner Retchin
Vice-Chairman Dolan
Absent: Commissioner Corbett
Chairman O'Neal
MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED)
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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.
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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.
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Vice-Chairman Dolan closed the Public Hearing.
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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
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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
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Absent: Commissioner Corbett
Chairman O'Neal
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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.
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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:
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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.
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Vice-Chairman Dolan
speak in favor of the
person commented:
asked if anyone present wished to
rezoning request. The following
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MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED)
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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
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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
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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.
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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.
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Vice-Chairman Dolan asked if anyone present wished to
speak in opposition to request. No one commented.
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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.
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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)
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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
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Absent:
Commissioner Corbett
Chairman O'Neal
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A copy of an order assigning street house numbers is
contained in Exhibit Book XV, Page 29.
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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.
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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.
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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)
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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:
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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:
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1. A verbiage change to indicate the local ordinance
will in no way conflict with the North Carolina
Right-to-Know Legislation.
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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.
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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.
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MINUTES OF REGULAR MEETING, JULY 7, 1987 (CONTINUED)
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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
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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
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Absent: Commissioner Corbett
Chairman O'Neal
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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
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Absent: Commissioner Corbett
Chairman O'Neal
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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.
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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.
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MINUTES OF ~'LAR MEETING, JULY 7, 1987,-,,cONTINUED)
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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
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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
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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
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Absent:
commissioner Corbett
Chairman O'Neal
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Vice-Chairman Dolan adjourned the meeting at 10:10
o'clock P.M.
Respectfully submitted,
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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.
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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
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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.