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1987-08-03 Regular Meeting __ J ....--- ;"Rf MINUTES OF REGULAR MEETING, AUGUST 3, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 3, 1987, at 7:00 o'clock P.M. in the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman, John Dolan; Chairman Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. " I LJ Chairman O'Neal called the meeting to order. Reverend Duane Cook, Pastor of the Cape Fear Gospel Mission, gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the correction to the minutes of June 1, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the minutes of the Regular Meeting of July 7, 1987, and Regular Meeting of July 15, 1987, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished on an item not listed on the Regular Agenda or listed on the Consent Agenda. The following commented: to speak an item persons ,., Discussion of Management Structure for Airport Mr. M. H. Vaughan commented on the Special Meeting of July 31, 1987, and the recommendation by the Airport Ad Hoc Study Committee to form an Airport Authority. He stated companies are available throughout the Country who provide professional airport managers and recommended that this form of management be considered before making a final decision. '-- Discussion of Request to Consider Adoption of Resolution Placing a Moratorium on Construction at Middle Sound/Ogden Community Mr. C. H. Johnson asked if a resolution requesting a moratorium on construction in the Middle Sound/Ogden area had been placed on the agenda. After discussion of recent U. S. Supreme Court rulings, it was the consensus of the Board to further study the request and place this item on the agenda for August 17, 1987. APPROVAL OF CONSENT AGENDA County Manager Cooper commented on Item #6, Acceptance of Offer to Purchase property for expansion of the Museum, stating based on City zoning and plans not being in place, Staff recommends not accepting the offer at this time. ,- After discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to reject an offer to purchase property located at 815 Dock Street in the amount of $15,000 as requested by the County Manager and Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. L After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the remaining Consent Agenda items as follows: Upon vote, the MOTION CARRIED UNANIMOUSLY. MINUTES OF REGULAR MEETING, AUGUST 3, 1981 (CONTINUED) 5~ CONSENT AGENDA ITEMS Award of Advertising Contract to Ackerley Airport Advertising, Inc. - New Hanover County Airport The conunissioners awarded the advertising contract to Ackerley Airport Advertising, Inc. authorizing the Chairman to execute the document. " Approval of Inter10cal Agreement Between City of Wilmington and New Hanover County for Athletic Field Complex - Parks & Recreation Department The conunissioners authorized the County Manager to execute an inter local agreement between New Hanover County and the City of Wilmington for development of an athletic field complex located between Hoggard High School and Roland Grice Junior High School. The City of Wilmington is to provide funding up to $100,000 in conjunction with progranuning responsibilities. Adoption of Resolution for Addition of Various Roads in NorthChase to N. C. State Secondary Road System The conunissioners adopted a resolution adding the following roads in NorthChase to the State Secondary Road System: u Carthage Drive; New Town Drive; Watson Drive; New Village Way; O'Neal Place; Horbart Drive; and Colonel Lamb Drive (Div. File *572-N) A copy of the resolution is contained in Exhibit Book XV, Page 31. " Certification of Roster of Active Volunteer Firemen Federal Point Volunteer Fire Department The Conunissioners certified the roster of active volunteer firemen at the Federal Point Volunteer Fire Department as presented by the Fire Chief. L.J A copy of the roster is contained in Exhibit Book XV, Page 31. Reclassification of Juvenile Attendant from Part-time to Full-time - Juvenile Services Center The Conunissioners approved the reclassification of one part-time Juvenile Attendant (Rage 56, Step 12) to one full-time Juvenile Attendant (Range 56, Step 1). This reclassification will not require additional funding. Approval of Waiver of Landfill Fees The Conunissioners approved waiver of Landfill fees for disposal of demolished material by the residents of Sandy Court located in the Silver Sands Subdivision for clean-up of burned out residence. ,.., I u Adoption of Resolutions Accepting an Offer to Purchase Surplus Property The Conunissioners adopted resolutions accepting offers to purchase surplus property jointly owned by the City of Wilmington and New Hanover County as follows: 1. 115 St. James Alley - Representing an ad valorem tax value of $1,390 as of 1983. 2. 612 Dawson Representing as of 1983. Street and 1102 Queen Street - an ad valorem tax value of $2,050 Copies the resolutions are contained in Exhibit Book XV, Page 31. 86 MINU'l'ES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) ApprD~alomfMHuuaalF!reeF!~ghinggAAsssEaanee~weemmentwWtbh Dupont The Commissioners authorized the Director of Emergency Services to execute the Mutual Fire Fighting Assistance Agreement with Dupont. Approval of Resolution Approving Final Fiscal Year 1986-87 School Budget Amendments The Commissioners approved Budget Amendment V in the amount of $10,000 to transfer funds from school contingencies to maintenance to repair parts of broken air conditioners. " LJ The Commissioners approved Budget Amendment III in the amount of $199,207 for final State Budget Amendments for Fiscal Year 1986-87. BUdget Amendments Reported for Entry Into Record The following Budget Amendments were approved by the Budget Officer and are being reported for entry into the record: 88-0012 Museum Debit Credit Museum Foundation Contribution $4,319 Museum Salaries & Wages Social Security Taxes $4,031 288 Establishment of temporary positions funded by Museum Foundation for 12 weeks, Clerk III, 11 hours/week and Education Assistant, 40 hours/week. Grant was accepted by Commissioners on July 7, 1987. 88-0017 Health/Administration Debit Credit r Non-Departmental Contingencies $5,000 L Health/Administration Contracted Services $5,000 Transfer of funds from contingencies to Health Department for handicapped transportation. PUBLIC BEARING TO CONSIDER A ZONING TEXT AMENDMENT TO SECTION 23 BY ADDING DEFINITION OF "ROADS" AND RELATED AMENDMENTS Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated this item was continued from the Regular Meeting of June 1, 1987, due to concerns expressed over the effect on lots located in future subdivisions with reference to existing easements and roads that do not meet minimum standards. He stated currently, land owners may subdivide their property into three or less lots using a private easement or driveway for access if the easement is a platted road. He stated if properties are already served by an existing easement, then they may not subdivide further if the division would create more than three lots. Planning Director Hayes stated the recommendations to amend Section 23 and Section 65, "Structures To Have Access," are due to decisions by the Board of Adjustment to classify unplatted roads, easements, and drives as bonafide roads meeting the requirements for access as required in Section 65. r- '-- He stated the proposed Text Amendments will serve two purposes: 1. Roads hereafter will providing greater interpretation. be clearly defined, thus certainly in ordinance -~ MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) Sf 2. To prevent future circumvention of the access requirement for the subdivision of land involving three or less lots or the provision of adequate access for any commercial, industrial or residential development. [ Planning Director Hayes stated the proposed Zoning Text Amendment would require the lot to be adjacent to a road as defined in Section 23, or to a right-of-way or easement, which was platted and recorded prior to 1969. This would mean that all rights-of-way or easements recorded after 1969, the adoption date of the Ordinance, would not qualify as providing adequate access for new development, except that the easement or right-of-way would qualify if it were built to minimum N. C. Department of Transportation design standards. Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to the proposed Zoning Text Amendment. The following person commented: ,--, I ~ Mr. Claud O'Shields, Jr. commented on regulations that impact a piece of property being divided in order to obtain a permit to construct a dwelling. He stated Section 65-1 of the Subdivision Zoning Ordinance allows division of a piece of property into three pieces with three lots on an easement. He expressed concern for future circumvention of the access requirement for the subdivision of land involving three or less lots which will require the easement to connect directly to a secondary road. Mr. O'Shields recommended the proposed Zoning Text Amendment become effective upon the date of adoption with deletion of the 1969 date. Planning Director Hayes stated the intent of the proposed Text Amendment was to provide the Zoning Ordinance with a definition of roads since the Subdivision Ordinance has a definition of roads and the Zoning Ordinance does not. He stated in adding a definition of roads, it was required to reference Section 23-86 and modification of Section 65-1. He commented on a controversy in the past over a lack of a definition of roads in the Zoning Ordinance stating one case went to court due to a lack of definition. He commented on the 1969 date stating this was not changed since the original ordinance adopted contained this date. Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt the proposed Zoning Text Amendment as presented by the Planning Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 31. ,--, LJ PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO CHANGE THE TYPICAL DITCH SECTION REQUIREMENT TO REFLECT A 3:1 SLOPE FROM A 2:1 SLOPE Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated the slope change was initiated by the County Engineering Department in order to establish vegetated ground cover in sandy soils within 30 days. He stated the Planning Board voted unanimously to recommend approval. ;88 MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in favor of or in opposition to the Subdivision Text Amendment. The following person commented: Mr. William Grathwol, a local developer, commented on the County not accepting responsibility of ditches other than through the Health Department for mosquito control. He expressed concern for the County mandating how ditches are to be put in but not accepting responsibility. He also expressed concern for the size of ditches now in New Hanover County stating if the proposed amendment is adopted, ditches will become larger and in his opinion the proposed amendment would be over regulating. He stated before changing this regulation, the prerogative now exists to require something greater for stabilization of the ditch. r- L Mr. Jim Craig of the Engineering Department commented on the rapid growth of development in the County stating ditches and drainage were a problem. He emphasized the importance of citizens being able to maintain their own ditches stating gradual slopes would relieve some of the maintenance required. Commissioner Retchin stated a 2: 1 slope versus a 3: 1 slope is extreme. A lengthy discussion was held on the size of ditches and a 2.1 versus 3.1 slope. Planning Director Hayes recommended deleting figure II under Article V, Section 52-5 in the present ordinance and allow the County Engineering Department to determine the appropriate slope according to various soil types and drainage areas. Commissioner Barfield expressed concern for not establishing specific guidelines in the ordinance. Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to delete figure II in the present ordinance as recommended by the Planning Director and authorize the Engineering Department to determine the appropriate slope according to various soil types and drainage areas. Upon vote, the MOTION CARRIED AS FOLLOWS: ,- L voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Voting Noe: commissioner Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965," is contained in Exhibit Book XV, Page 32. PUBLIC HEARING TO CONSIDER A SUBDIVISION APPEAL BY SANCO CORPORATION CONCERNING THE PROVISION OF A CONNECTING STREET TO NAVAHO TRAIL FOR THE LANSDOWNE EXTENSION SUBDIVISION PROPOSAL Chairman O'Neal opened the Public Hearing stating is a quasijudicial hearing and asked anyone wishing to testimony to step forward to be sworn in by the Clerk. following persons were sworn in: this give The ,- '- Mr. Nathan Sanders Mr. Claud O'Shields, Jr. Mr. Harry Oakes [ r ! LJ ,---, I Li MINUTES OF REGULAR ~J:J.NG, AUGUST 3, 1987 (CONTINUED) Sf planning Director Hayes stated Mr. Nathan Sanders, President of SANCO Corporation, submitted a two lot subdivision of property on the west side of Navaho Trail to planning Staff in April. In reviewing the proposal, the planning Staff denied the request due to location, the property involved, and previous subdivision plans approved by the County which would qualify this as a major subdivision instead of a minor subdivision and would require approval by the New Hanover County planning Board. The request was submitted to the Planning Board with denial due to concerns for transportation planning and the need for a connecting street between Navaho Trail and Lansdowne Subdivision since several larger developments are presently underway in the vicinity of that property. Planning Director Hayes stated the petitioner has appealed the decision of the Planning Board. County Attorney Pope asked Mr. George Rountree, the attorney representing Mr. Sanders, if the facts just stated by the Planning Staff were correct. Attorney Rountree stated he did not concur with the facts presented and was not able to address some statements presented due to having no knowledge of items to be discussed by the Planning Department prior to the appeal; therefore, he could not accept facts and conclusions presented. County Attorney Pope requested the Planning Director to be sworn in by the Clerk in order to testify to the facts presented as being the truth or not the truth. Planning Director Hayes was sworn in by the Clerk. County Attorney Pope asked Planning Director Hayes if the statements presented were the facts involved in this case. Planning Director Hayes stated yes, that the facts presented do summarize the circumstances of the appeal. Chairman O'Neal asked if anyone present wished to speak. The followi~g persons commented: Mr. George Rountree III, Attorney representing the appellant, Mr. Nathan Sanders, presented a letter written by the Planning Director to Attorney J. Harold Seagle on December 2, 1986, and requested the Clerk to mark this document as Exhibit I. He commented on the New Hanover County subdivision review process requiring a property owner to dedicate a street over his land and improve that street at his expense where such street is not necessary nor beneficial to the subdivision but benefits other properties lying outside the subdivision and the public at large. Attorney Rountree questioned Planning Director Hayes on the definition of a minor subdivision asking if the plan submitted by Mr. Sanders involved more than five lots and if all lots fronted an existing approved street. Planning Director Hayes stated the application submitted was for a two lot subdivision which was a portion of a larger subdivision development approved in 1965, 1968, 1969, 1970, 1971, 1973, 1974, 1977, 1985, and those recently submitted in 1987 which includes an extension of Dover Road into Navaho Trail. Attorney Rountree asked if any of these subdivisions had been mapped. Planning Director Hayes stated these subdivisions have been mapped and are the approved plan of development for this area of the County as approved by the New Hanover County Board of commissioners and New Hanover County Planning Commission. Attorney Rountree presented a map requesting the Clerk to mark this document as Exhibit II for identification. He " i90 MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) requested the Planning Director to identify on this map a proposed new street. Planning Director Hayes stated this map did not reflect a proposed street but the original map submitted reflected a 60 foot right-of-way at the location of Dover Road and Navaho Trail stating this map was not the original map submitted to the Planning Department. Planning Director Hayes stated the map submitted as Exhibit II was drawn by the petitioner and not approved by the Planning Board or Staff. He stated preliminary maps are not required to be recorded since the actual survey boundary cannot be determined until improvements are completed. ,-- Assistant County Attorney Silliman requested Planning Director Hayes to explain a preliminary plan in the subdivision review process of New Hanover County. Planning Director Hayes stated a preliminary plan is the plan of development allowing construction to commence on a residential development project according to subdivision regulations. He stated all plans shown on the map are preliminary projects or under construction stressing the importance of the document to the County in determining the plan of development for an area. He stated the final map is recorded after the improvements are complete and built stating the preliminary map is the controlling map dictating the number of lots, street connections, and location of streets. L Attorney Rountree called Mr. Claud O'Shields, Jr., 110 pine Cone Road, Wilmington, North Carolina, to step forward to give testimony. Attorney Rountree asked Mr. O'Shields if he had served on the New Hanover Board of Commissioners and if so during that time were the current subdivision review regulations adopted? Mr. O'Shields stated he served on the Board of Commissioners from September 1974 through October 1986 and the current subdivision regulations were adopted. Mr. O'Shields stated approximately five years ago, the Planning commission and Planning Staff were granted power to review subdivisions as submitted in order to assure compliance with regulations and policies adopted by the Board of Commissioners. He stated in order to provide a smoother flow of work, a minor subdivision ordinance for development of five lots or less was established; however, this ordinance did not authorize the Planning Staff or Planning Commission to decide where roads would be located in New Hanover county. He stated this should be a policy decision by the County Commissioners based upon the Land Use Plan and Transportation Improvement Plan. ,- L planning Director Hayes stated the purpose of the subdivision Ordinance according to N. C. General Statutes is to promote the public health, safety, and general welfare of the County. The ordinance is designed to promote the orderly development of the county or the coordination of streets and highways within those subdivisions with existing or planned streets, or the dedication or reservation of rights-of-way or easements. Chairman O'Neal closed the Public Hearing. A lengthy discussion was held question and their relationship to the Mr. Sanders. on the two lots in parent tract owned by r- L After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to reverse the decision of the Technical Review Committee and approve the petitioner's two lot subdivision application as submitted which does not require a connecting street to Navaho Trail from Lansdowne Subdivision. The floor was opened for discussion. L____ ___ r I LJ [ 1"1 ~ MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) 5~ Chairmaan action being planning Board O'Neal expressed in opposition to and Planning Staff. concern for the recommendations proposed of the Vice-Chairman Dolan requested legal interpretation for condemnation of property as referred to in the Memorandum of Law prepared by Attorney J. Harold Seagle. Assistant County Attorney Silliman recommended consideration of the following points in making a final decision on this appeal: 1. Is there the street purposes. a proper police power or purpose behind connecting requirement. If so, identify 2. The Board should confirm that the within the County's authority. purposes are 3. The Board should determine if connecting requirement carries a substantial relation to the police purposes which have been identified. this street real and powers and 4. The Board should determine if the property involved benefits from the street connecting requirement. Assistant County Attorney Silliman stated he agreed with Planning Director Hayes in that the entire property owned by the petitioner should be considered in determining if the street connecting requirement benefits the property. Chairman O'Neal commented on the seriousness of traffic problems in New Hanover County stressing the importance of requiring connecting streets when necessary. After further discussion, Chairman O'Neal called for a vote on the MOTION by Commissioner Barfield to reverse the decision of the Technical Review Committee. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Voting Noe: Chairman O'Neal BREAK Chairman O'Neal recessed the meeting for a break from 9:01 o'clock P.M. to 9:15 o'clock P.M. PUBLIC HEARING TO CONSIDER MODIFICATION OF A SPECIAL USE PERMIT FOR SITE PLAN REVISIONS FOR CANEEL COVE MULTI-FAMILY DEVEWPMENT Chairman O'Neal opened the Public Hearing. Planner Pete Avery gave background information on the modification of the Special Use Permit stating the purpose of the request was to abandon the townhouse scheme of development for the Caneel Cove project and supplement with single family detached structures on individual lots. He stated this would reduce the total number of units from 156 to 114 with a change in design concept. Chairman O'Neal asked if anyone present speak in favor of the modification request. person commented: would like to The following Mr. Raleigh, the new detached Laura King, representing Pronto Developers the current developer of Caneel Cove, commented concept and presented various floor plans structures to be constructed. of on of ___----....1 92 MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) Chairman 0' Neal asked Ms. King if statements presented by the Planning Staff. she concurred. she agreed with Mr. King stated Chairman O'Neal asked if anyone in opposition to the request. commented: present wished to speak The following person Mr. M. H. Vaughan, a resident of the Masonboro Sound area, commented on the square footage of the proposed units expressing concern for size which could damage the character of surrounding property. " After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the modification of the Special Use Permit reducing the total number of units from 156 to 114; meeting the requirements of the County's Conservation Overlay District, specifically, enforcement of a 75 foot setback from the marsh line and .75 inch retention of the first inch of stormwater runoff generated by all impervious surfaces; and compliance with other subdivision design guidelines. Upon vote, the MOTION CARRIED UNANIMOUSLY. LJ A copy of the modified Special Use Permit is contained in SUP Book I, Page 29. PUBLIC HEARING TO CONSIDER REZONING .31 ACRE ON THE SOUTHEAST SIDE OF U. S. 17, APPROXIMATELY 1,250 FEET NORTH OF SPARTAN DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the rezoning request stating based on existing land usage and the fact that an expansion of the B-2 line would not create any serious land use conflicts, the Planning Staff and Planning Board recommended approval. He stated if there was no opposition present, he recommended approval of the rezoning request. , L- Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, contained in Zoning Ordinance Book I, Section 6, NEW HANOVER NEW HANOVER 1971," is Page 35. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO SECTION 69.10-4 TO CLARIFY THE PERMIT PROCESS FOR DEMOLITION LANDFILLS Chairman O'Neal opened the Public Hearing. Planner Pete Avery stated the purpose of the Zoning Text Amendment was to clarify the issuance of local permits for demolition landscape landfills. He stated the current ordinance does not clearly delineate local permit issuance authority. , L Commissioner Retchin asked if the ordinance would address property less than two acres. Planning Director Hayes stated anyone setting up a demolition landfill would be required to obtain a permit. Chairman 0' Neal asked if anyone present would like to speak on the proposed Text Amendment. No one commented. _---l MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) 5~ Corrunissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to approved the Text Amendment as presented. upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XV, Page 32. I" LJ PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE ZONING, SUBDIVISION, AND MOBILE HOME PARK ORDINANCES TO SPECIFY SEWER CONSTRUCTION REQUIREMENTS FOR NEW DEVELOPMENTS Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated the proposed text amendments to the Zoning Subdivision and Mobile Home Park Ordinances are in response to the recently adopted Sewer District amendments. He stated the proposed changes will provide consistency of planning related ordinances to the Sewer Ordinance. Chairman O'Neal asked if anyone on the proposed text amendments to and Mobile Home Park Ordinances. corrunented: present wished to speak the Zoning Subdivision The following person Mr. William Grathwol, a local developer, corrunented on Chapter 15 of the Sewer Ordinance expressing concern for the the language used in certain portions which will have a direct impact upon public utilities. He asked if the entire chapter was being incorporated in the Zoning Ordinance. Planning Director Hayes stated this chapter was not written out in the Zoning Ordinance but referenced to in various sections of the ordinance. I' I Mr. Grathwol requested a meeting with the Director of Engineering and Facilities, Mr. Ed Hilton, to discuss language used in certain portions of the Sewer Ordinance which need correction. He questioned the County's authority to take over a pUblic utility stating legally he was licensed by the Utility corrunission and did not feel the County had legal authority to take over ownership. Mr. Grathwol gave background information on various public utilities companies throughout County stressing they were governed by public utility laws enacted by the State of North Carolina. He questioned the County's legal ability to charge an impact fee for sewer that a public utility company furnishes to a lot. He questioned the County's ability to require installation of sewer lines 15 to 20 years before the County's sewer collection system is available. He questioned the ordinance never referencing a public sewer system but constantly referring to a private sewer system. Mr. Grathwol requested the proposed Text Amendments be tabled for further study by County Staff. Assistant County Attorney Silliman stated he had discussed these issues with Mr. Grathwol and a meeting would be held with his attorney to discuss and address the questions presented on the Sewer Ordinance. He stated any other interested developers would be invited to attend. Attorney Silliman recorrunended adoption of the proposed Text Amendments in order to comply with the Sewer Ordinance which has already been adopted stating any later amendments to the Sewer Ordinance will be changed in the Zoning Ordinance. [ L.J Chairman O'Neal closed the Public Hearing. corrunissioner Retchin MOVED, SECONDED by Corrunissioner Barfield to approve the Text Amendments to the Zoning, Subdivision and Mobile Home Park Ordinances as presented by the Planning Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. --.:::.:-... i94 MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) Copies of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," and "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE MOBILE HOME AND TRAVEL TRAILER PARK ORDINANCE OF NEW HANOVER COUNTY ADOPTED MARCH 2, 1970," are contained in Exhibit Book XV, Page 32. APPEAL OF ACTION BY TECHNICAL REVIEW COMMITTEE FOR PRELIMINARY SUBDIVISION PLAT FOR GORMAN PLANTATION Planning Director Hayes stated Mr. J. D. Herring recently purchased a 95 acre parcel of land located off Middle Sound Loop Road for a proposed 180 lot conventional subdivision. Formal submission of Gorman Plantation as a preliminary plan was made to the County Planning Department on June 18, 1987. The County's Subdivision Technical Review Committee met on June 24, 1987, and after review of the proposed plan postponed making a decision until approval had been received from the County Health Department. Upon receipt of approval by the county Health Department, the Subdivision Technical Review Committee approved the proposed plan for Gorman Plantation on July 8, 1987. During this period of time, the County adopted an ordinance requiring installation of a sewer collection system on all new development effective July 1, 1987. Planning Director Hayes stated Mr. Herring unfortunately was caught between dates with the new sewer collection regulation applying to the proposed subdivision plan. ,- '- After discussion of other projects in the same type of situation who were able to complete all requirements before the deadline and the postponement of approval by the Technical Review committee, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the plan as submi t ted retroacti ve to June 24, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,-- DISCUSSION OF 1987 TAX REVALUATION Tax Administrator Register gave background information on the 1987 tax revaluation asking if the Commissioners would like any particular materials provided to the Board prior to adoption of the Schedule of Values. He recommended adoption of the Schedule of Values on August 17, 1987, with mailing of the value notices on October 1, 1987. L Mr. Register asked the Commissioners if they would like to sit as the Board of Equalization and Review since the possibility exists that more appeals and hearings could be scheduled during a revaluation year. He stated the Board of Equalization and Review is not appointed until the first meeting in February 1988, which provides adequate time for the Commissioners to reach a decision. After discussion of the time involved in hearing appeals and the excellent manner in which the Tax Department handles most complaints, it was the consensus of the Commissioners to sit as the Board of Equalization and Review. Discussion was held on assessments with a projected 20% increase in the base revaluation. Vice-Chairman Dolan stressed the importance of informing the public on the revaluation process explaining how the tax rate is structured and when the new tax rate will go into effect. ,-- L commissioner Retchin recommended forwarding more innovative notices explaining tax values to the general public. Tax Administrator Register stated notices have already been forwarded to the printer. Discussion was held on the 1987 Sales Assessment Ratio studies. Tax Administrator Register recommended acceptance L MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) 5~ of new real estate ratios as presented by the study and reconunended by the Ad Valorem Tax Section of the N. C. Department of Revenue. Vice-Chairman Dolan MOVED, SECONDED by Conunissioner Retchin to adopt reconunended ratios as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Il I L.J APPROVAL OF AMENDMENT TO PROPRIETARY SOF'lWARE TERM LICENSE AND MAINTENANCE AGREEMENT WITH AMERICAN MANAGEMENT SYSTEMS, INC. Finance Director, Andrew J. Atkinson, stated the purpose of the amendment was to convert tax files to a new, more adequate tax computer system (OASIS). He stated this system will allow conversion to IBM equipment phasing out the old Burroughs System. Director Atkinson stated the conversion project will be fully implemented by January 1, 1992, and funding for the software had been approved in the current bUdget year. Vice-Chairman Dolan conunented on a telephone call received from a Burrough's representative who had expressed concern for the present system being totally disastrous with millions of dollars being spent unwisely. He asked the Finance Director if he felt comfortable with the present system. Director Atkinson conunented on the progress that has occurred in Data Processing stating the current IBM System was functioning quite well. He complimented Steve Arrants, Director of MIS, and his staff for an extremely outstanding job in upgrading and transferring the County's computer system. [ After further discussion, Conunissioner Retchin MOVED, SECONDED by Conunissioner Barfield to approve the amendment to Proprietary Software Terms License and Maintenance Agreement with American Management Systems, Inc. as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF BID TO IBM FOR MAINFRAME COMPUTER UPGRADE Conunissioner Barfield MOVED, SECONDED by Conunissioner Retchin to award the low bid to IBM Corporation in the amount of $92,202 for the IBM Mainframe Computer Upgrade for Management Information Systems. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF PROPOSAL TO CHARGE A FEE TO OUT OF COUNTY GROUPS FOR MUSEUM PROGRAMS Ms. Janet Seapker, Director of the Museum, stated discussion had been held on charging a fee to out of county groups for Museum programs. She stated Conunissioner Retchin had requested study and preparation of a proposal to charge a fee stating many museums throughout the State charge fees to groups outside the jurisdiction of their primary funding base. Ms. Seapker stated the proposal submitted had been reviewed and reconunended by the Museum Board of Trustees. Conunissioner Corbett asked what groups would be involved. Director Seapker stated school groups were the primary users of Museum Programs. ,---, i ~ Conunissioner Retchin conunented on Library charges for outside use stating it would seem logical to charge groups outside of the County for utilizing Museum services. Vice-Chairman impact on tourist. addresses only out Dolan asked if the fee would have an Conunissioner Retchin stated the proposal of county groups who are participating in ~---' MINUTES OF REGULAR MEETING, AUGUST 3, 1981 (CONTINUED) 96 educational programs. He stated out of county people can come during normal visitation hours for a tour of the Museum with no charge. commissioner Retchin MOVED to approve the proposal. The MOTION FAILED for lack of a second. commissioner Barfield expressed concern for charging school groups who are interested in learning about the history of our area. Commissioner Barfield MOVED the Museum to cover these costs. discussion. to appropriate $2,000 to The floor was opened for " LJ County Manager Cooper stated the Museum has not requested $2,000. The MOTION FAILED for a lack of a second. Director Seapker stated grant reviewers have expressed concern for the Museum's dependency on New Hanover County as its primary funding source. She commented on the current movement to acquire funds from earned income in various categories stating service is one of these areas. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Neal to request counties outside of New Hanover to pay their share of services provided by the New Hanover County Museum based on the formula which has been established. Chairman O'Neal expressed concern for surrounding counties being annoyed by the proposed fee. Chairman O'Neal called for a vote on the motion. Upon vote, the MOTION CARRIED AS FOLLOWS: ,- Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan L- Voting Noe: Commissioner Corbett Chairman O'Neal RANKING OF CONSULTANT MASTER PLAN Engineer firms stating occur between FIRMS FOR DEVELOPMENT OF AIRPORT Erv Dehn commented on ranking of consultant once three firms are ranked, negotiations will staff and consultant firms on plans and costs. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to rank consultant firms as follows: 1st Choice - Talbert, Cox & Associates, Inc. Wilmington, N. C. 2nd Choice - Howard Needles Tammen & Bergendoff Atlanta, Georgia 3rd Choice - LPA Group, Inc., Raleigh, N. C. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,- APPROVAL OF N. C. FOREST SERVICE CONTRACT Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the contract between New Hanover County and the N. C. Forest Service in the amount of $104,110 with a State appropriation of $62,466 and County appropriation of $41,644. Upon vote, the MOTION CARRIED UNANIMOUSLY. L- L MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) ~f7 ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Annua1 Conference of North Caro1ina Association of County Connnissioners Commissioner Corbett asked for the dates of the Annual Conference of the North Carolina Association of County Commissioners to be held in Charlotte, North Carolina. ~ Lucie Harrell, Clerk to the Board, stated the Conference will be held in Charlotte on August 13-16, 1987, and that reservations and registrations have been made for all commissioners who plan to attend. ,.., Discussion of Process for Se1ection of Airport Manager Commissioner Retchin stated a process for selection of an Airport Manager needs to be addressed. He recommended scheduling a meeting to decide on the procedure to be used. Vice-Chairman Dolan stressed the importance of moving forward with this process and suggested meeting at 5:00 P.M. on Tuesday, August 4, 1987, before the 7:00 P.M. meeting already scheduled with the Board of Social Services. After discussion, it was the consensus of the Board to schedule a Special Meeting on August 10, 1987, at 7: 30 o'clock A.M. for the Commissioners to select 4-6 applicants to be interviewed for the Airport Manager's position. The County Manager was also requested to submit his choice of six applicants from the applications received. ,.., i I U Vice-Chairman Dolan requested moving forward with hiring of the Public Safety Manager and requested the County Manager to forward copies of applications received in order to review and select 4-5 applicants at the meeting scheduled for August 10. Commissioner Barfield expressed concern for the Commissioners being involved in hiring of the Public Safety Manager stating the County Manager should review and select applications for this position. Commissioner Retchin recommended hiring the Manager before filling the position of Public Safety since this person will report to the new manager. Airport Manager After further discussion, it was the consensus of the Board for the County Manager to submit for review on August 10, 1987, 4-6 qualified applicants to be interviewed for the Public Safety Manager's position. Discussion of Bi11board Appea1 to Decision of Zoning Board of Adjustment Assistant County Attorney, Ken Silliman, gave background information on the appeal asking what role the Legal Department should play in this case. After discussion, it was the consensus of the Board for the County Attorney to defend the ordinance and keep the Commissioners informed on any conflicts that could occur. I' Discussion of Pub1ic Safety Positions - Airport County Manager Cooper commented on two vacant positions in public safety at the Airport: (1) the position of Public Safety Manager for which applications have been received, and (2) the Chief of Public Safety, which is now vacant. He asked the Board if both positions should be filled or would the Board prefer to consolidate the vacancies into one position. u After discussion, it was the consensus of the Board to fill one position, the Public Safety Manager. ~._.__.___ l...- ~9; MINUTES OF REGULAR MEETING, AUGUST 3, 1987 (CONTINUED) Discussion of Participation of Constitution Week Assistant County Manager, Mary Gornto, conunented on Constitution Week, September 14-18, 1987, celebrating the 200th anniversary of the signing of the United States Constitution. She stated County officials have been asked and forwarded forms by Dianne Avery, Conununity Schools Coordinator, to participate in school programs. Assistant County Manager Gornto requested any Conunissioner wishing to participate in the celebration to return their form as soon as possible. '1 L J ADJOURNMENT Conunissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 11:04 o'clock P.M. Respectfully submitted, ~~~~ Clerk MINUTES OF SPECIAL MEETING OF AUGUST 4, 1987 ASSEMBLY A meeting of the New Hanover County Board of Commissioners was held jointly with the New Hanover County Social Services Board on Tuesday, August 4, 1987, at 6:00 o'clock P.M. in the Department of Social Services Building, 1920 Rankin Street, Wilmington, North Carolina. ,. L Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Chairman Nolan O'Neal; County Attorney Robert W. Pope; County Manager G. Felix Cooper; and Deputy Clerk Joyce B. Bragg. Vice-Chairman John M. Dolan was absent. Chairman O'Neal called the meeting to order, stating the purpose of the Special Meeting was to discuss various directions for welfare reform. PRESENTATION AND DISCUSSION BY SOCIAL SERVICES BOARD AND STAFF Social Services Board Chairman, W. K. Hobbs, thanked the Commissioners and staff for their interest and attendance. He expressed special appreciation to Commissioner Retchin, who serves on the Social Services Board, for keeping the Commissioners informed regarding the Social Services Programs and needs. Social Services Department Director, Wayne Morris, stated that on a national level there is going to be a welfare reform. He cautioned everyone that they should focus on what needs to be changed. He stated the welfare reform would have very little impact on Medicaid, and some of the services that DSS delivers, i.e., chore services for the elderly, and protective services for children. It will impact very directly on the AFDC program, which is the only approved welfare program in existence, and represents a case load of a few more than 4,000 people, or approximately 1700 families in New Hanover County. ,. L The "Blueprint for the Future" booklet served as an agenda for the remainder of the meeting. Mr. Morris expressed concern for seeking methods of changes in the system that will provide incentives for people to become self-sufficient, breaking the cycle of dependency. The necessary basic national decision is not to immediately cut expenditures for welfare, but whether we