1987-09-08 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Tuesday, September 8, 1987, at 7:00
o'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.; 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.
Chairman O'Neal called the meeting to order.
Reverend Phil Bauguess, Pastor of Covenant Moravian
Church, gave the invocation.
APPROVAL OF MINUTES
Commissioner Retchin commented on the minutes of August
3, 1987, stating the intent of his motion with reference to
school systems outside of New Hanover County paying their
share of costs for utilizing services by the New Hanover
County Museum was for written requests to be forwarded to
the School Boards instead of Counties. He requested the
Clerk to reflect this statement in the record. Commissioner
Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve
the minutes of August 3, 1987. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to approve the minutes of the Special Meeting of
August 4, 1987, and Special Meeting of August 10, 1987, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Barfield requested to be excused from
voting on approval of the minutes of August 17, 1987, since
he was not present. It was the consensus of the Board to
excuse Commissioner Barfield from voting.
commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to approve the minutes of the Regular Meeting of
August 17, 1987, as presented. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Corbett
Commissioner Retchin
Vice-Chairman Dolan
Chairman O'Neal
Excused: Commissioner Barfield
PRESENTATION OF SERVICE AWARDS TO MICHAEL PREVATTE AND
BRYANT FLICK
Chairman O'Neal, on behalf of the Board of
Commissioners, presented plaques to Mr. Michael Prevatte and
Mr. Bryant Flick of Whitey'S Restaurant and Motel for their
assistance and support rendered on the August 5, fire
emergency. He complimented them for offering motel rooms to
assist with the injured, providing rooms for showers, and
serving of food and drinks during this tragic accident.
Vice-Chairman Dolan commented on the accident pointing
out the constant risks involved to public safety employees
such as Police and Firemen who accept and perform their jobs
in a loyal and dedicated manner with very little pay. He
stressed the importance of recognizing the jobs performed by
pUblic safety officers.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
NON-AGENDA ITEMS
Chairman O'Neal asked if anyone present wished to speak
on an item not listed on the Regular Agenda or an item
listed on the Consent Agenda. No one commented.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Dolan requested removal of Items #2 and
#6 requesting further discussion at the end of the Regular
Agenda.
After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Retchin to approve the following Consent
Agenda items with removal of Items #2 and #6 for further
discussion at the end of the Regular Agenda. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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CONSENT AGENDA ITEMS
Adoption of Resolution for Addition of
Maintained Secondary Road System
The Commissioners adopted
following roads to the State
System:
Roads
to State
a resolution adding
Maintained Secondary
the
Road
Roads in Sections 1, 2, 3, 4, 5, and 6 of
wildflower Subdivision (Div. File No. 566-N)
A copy of the resolution is contained in Exhibit Book
XV, Page 34.
Approval of Application for State Aid to Public Libraries
for 1987/88
The Commissioners approved the application for State
Aid to Public Libraries in the amount of $131,654 and
authorized the Chairman to execute the document.
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Approval of Transportation Services Contract
The Commissioners authorized the Chairman to execute
the contract with the Wilmington Transit Authority for its
D.A.R.T. service to provide transportation for handicapped
persons at $14.00 per trip.
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Adoption of Resolution Accepting an Offer to Purchase
Surplus Property
The Commissioners adopted a resolution accepting an
offer to purchase various parcels of surplus property owned
by New Hanover County and the City of Wilmington. This
property represents an ad valorem tax value of $13,320 as of
1983.
A copy of resolution is contained in Exhibit Book XV,
Page 34.
Acceptance of Grant Award for Arts Council Grassroots -
Department of Aging
The Commissioners accepted a grant award in the amount
of $500 for the 1987/88 Arts Council Grassroots Grant.
Acceptance of BUD-Type I Grant - Human Relations Department
The Commissioners approved acceptance of a HUD Type I
Grant in the amount of $7,000 for the Department of Human
Relations and authorized the Chairman to execute the grant
document.
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Award of Bid for Computer Room Air Conditioner - Management
Information Systems
The Commissioners awarded the low bid in the amount of
$16,813 to Service, Inc. of Wilmington, N. C. for one
Computer Room air conditioner.
A copy of the resolution is contained in Exhibit Book
XV, Page 34.
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MINUTES OF REGULAR MEETING, SISYJ:JSlIItBER 8, 1987
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Award of Bid for Conunercial Duty Washers and Dryers
Property Management Department
The Commissioners awarded the low bid in the amount of
$11,928 to MacGray Company of Kings Mountain, N. C. for two
commercial duty washers and dryers for Property Management.
A copy of the resolution is contained in Exhibit Book
XV, Page 34.
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Award of Bid for Electronic Voting Machines and Voting
Booths - Board of Elections
The Commissioners awarded the low bid in the amount of
$185,200 to Business Records Corporation, Louisville, N. C.,
for purchase of thirty-two (32) electronic voting machines
and two hundred ( 200) Voting Booths for the New Hanover
County Board of Elections.
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A copy of the resolution is contained in Exhibit Book
XV, Page 34.
Approval of New Hanover County Board of Education's 1987-88
Budget Resolution
The Commissioners adopted the 1987-88 Budget Resolution
as presented by the New Hanover County Board of Education
for the New Hanover County School Administrative Unit.
A copy of the resolution is contained in Exhibit Book
XV, Page 34.
Approval of Extension of Subsidy of Airport Skycap Service
from July 6, 1987 to November 1, 1987
The Commissioners approved an extension of the County's
SUbsidy from July 6, 1987 to November 1, 1987 at the same
rate in order to allow the new Airport Manager to negotiate
with airlines and make recommendations.
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Approval of Budget Amendments
88-0046 Sheriff's Department/Administration
Debit
Credit
Federally Forfeited Property
Capital Outlay - Equipment
$2,459
$2,459
To set up bUdget for part of money received from sale of
1972 Corvette.
88-0059 Social Services/Food Stamps
Debit
Credit
DSS/Food Stamps
Employment & Training Allowance
$9,000
General Fund
Appropriated Fund Balance
9,000
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DSS/Food Stamps
Employment & Training Allowance
$18,000
Establishment of a new mandated program (Food Stamp
Employment & Training Program).
Change Order Report 12 for Entry Into Record
Change Order Report #2 was presented for entry into the
record.
A copy of the report is contained in Exhibit Book XV,
Page 34.
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22 MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
DISCUSSION OF ANTICIPATED SHORT-FALL IN DAY CARE FUNDS FOR
FISCAL YEAR 1987-88 - DEPARTMENT OF SOCIAL SERVICES
Director of Social Services, Wayne Morris, gave
background information on the anticipated short-fall in day
care funds for Fiscal Year 1987-88. He stated day care
expenditures for Fiscal Year 1986-87 were $738,420, and as
of this year the initial allocation received from the State
was $350,263. He stated the N. C. Department of Human
Resources estimated the New Hanover County Department of
Social Services will need an additional $376,862 to
continue providing services at the current level; however,
it now appears that no more than half of the additional
amount required will be received leaving a short-fall of
approximately $200,000 for Fiscal Year 1987-88.
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Director Morris discussed the fair share formula used
by the State of North Carolina in determining the amount of
funds to be allotted to each County stating the fair share
for New Hanover County was $350,000. He stated over 400
children are being served with a waiting list of 500
children. Director Morris commented on the impact of this
short-fall on children, families, and day care centers
emphasizing the importance of providing proper care for
children of working mothers.
commissioner Retchin commented on day care being a
fundamental to the new Welfare Reform stating work programs
cannot be administered without day care being provided for
children.
Discussion was held on the current plan to reduce the
level of day care now being provided. Commissioner Retchin
strongly recommended continuing the present level of day
care as provided during the past fiscal year.
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A lengthy discussion was held on day care needs on a
state and nationwide basis. It was the general consensus of
all present that this problem must be addressed. The
following persons commented on the importance of this
service to them as individuals:
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Ms. Julie Earp, currently receiving day care for her
three children, commented on her present job with General
Electric stating she hopes to become a permanent employee
with this company. She stated if day care is discontinued,
she will have to stop work since she cannot afford to pay
$140 per week stressing the importance of being able to work
and not having to be a welfare recipient. She urged the
Commissioners not to cut back on the current level of care.
Ms. Helen Wilson, owner of a day care center, stated
she provided day care for children from the low-income level
emphasizing the importance of providing this service to
mothers so they can work. She stated taxpayers will pay
much more through AFDC payments and medical stickers than
through providing funds for day care service. She
encouraged citizens of the community to write the Governor
and state representatives emphasizing the importance of day
care for children.
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After further discussion, it was the consensus of the
Board to authorize Commissioner Retchin to inform the
Department of Social Services to maintain the current level
of day care as provided during the past fiscal year.
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commissioner Retchin stated perhaps this discussion
would encourage concerned citizens to write letters to state
representatives and the Governor to address the need of
day care for children throughout the State of North
Carolina.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
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APPEAL OF DENIAL OF INVENTORY TAX EXEMPTION DEAN
HARDWOODS, INC.
Tax Administrator Register gave background information
on the appeal commenting on GS 105.275(2) exemption of
inventory from taxation on tangible personal property
imported from a foreign country through a North Carolina
seaport terminal while awaiting further Shipment for the
first 12 months of such storage. He stated the intent of the
statute is to encourage the development of ports throughout
the State.
Tax Administrator Register commented on the appellant's
brief which stated since Dean Hardwoods, Inc. did not
receive notice of denial for claim of exemption until JUly
13, 1987, adequate time had not been given to appeal to the
Board of Equalization and Review, as defined in GS
195.282(b); therefore, the application for exemption cannot
be properly denied. Tax Administrator Register stated
under GS105. 325 provisions were made by the legislature to
permit corrective actions upon recommendation of the Tax
Supervisor to the Board. He stated Section (..)6 provides an
exception which allows the Board of Commissioners to
authorize changes of tax records after adjournment of the
Board of Equalization & Review.
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Tax Administrator Register stated in reviewing the 1987
tax listing, the Tax Department questioned why certain
machinery was required for a "flow through" lumber yard. A
meeting was scheduled to view the operation and it was found
that shaping, sawing, surfacing and molding of the imported
woods were being performed which could be in violation of GS
105.275(2). At this time written notice was given to Mr.
Dean warning him that the operation appeared to violate the
provisions of the statute, and adequate time was given to
Dean Hardwoods, Inc. to write the State Department of
Revenue for comments on the operation's compliance with the
intent of GS105. 272 (2) . The interpretation by the State
Attorney supported the position that "processing" violated
the intent of the import exemption provision of
GS105. 272 (2) . Tax Administrator Register stated based on
these circumstances, he recommended taxation based on
pro-rata determination of the value of inventory that is not
being held for further shipment in its original size or
form. He requested the Commissioners to carefUlly consider
the interpretation of materials being processed stating air
and kiln drying are not considered processing, but any
material being held and altered should be taxed.
Mr. Richard Morgan, Attorney representing Dean
Hardwoods, Inc., commented on a Wilmington Bill of Lading
being obtained on all goods stating this means they
physically come through the N. C. State Ports Authority and
do count as tonnage. Therefore, they do encourage
development of the ports of North Carolina.
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Attorney Morgan commented on a finished product
referring to the World Woods case with the State Board of
Equalization and Review stating that lumber should not be
taxed if it is not processed or manufactured into a finished
product. He stated the imported woods fall into four
categories: (1) air drying; (2) kiln drying; (3) planed and
smoothed on one or two sides; and (4) making of moldings. He
stated the lumber at Dean Hardwoods is not manufactured into
a finished wood product and that the planing and moldings
are products used exclusively as a material to make
furniture and boats and are not considered finished wood
products when leaving Dean Hardwoods. Attorney Morgan
respectfully requested the inventory tax exemption be
allowed and the action of the Tax Administrator reversed.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
Discussion was held on the lumber being shaped, planed
and made into moldings. Commissioner Retchin asked what
percentage of the inventory is shipped out in its original
form, and what percentage is being planed, shaped or made
into moldings. Tax Administrator Register stated these
figures would have to be determined.
County Attorney Pope requested the Board to consider
whether or not any portion of the wood products are taxable
and if so, the County should value the portion taxable until
such time the taxpayer substantiates a different value.
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Vice-Chairman Dolan asked Mr. Dean if a percentage had
been placed on the amount of inventory being shaped into
moldings. Mr. Dean stated 10-15% of inventory was being
made into moldings.
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After further discussion, Vice-Chairman Dolan MOVED,
SECONDED by Commissioner Retchin to allow exemption of
inventory for 1987 with exception of 10% which involves the
finished moldings. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Mr. Dean, owner of Dean Hardwoods, Inc., expressed
appreciation to the Commissioners for the right to appeal
the case and the decision made.
BREAK
Chairman O'Neal adjourned the meeting for a break from
8:30 o'clock P.M. to 8:36 o'clock P.M.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL OF REQUEST
FOR ZONING TEXT AMENDMENT TO ADD "AUTOMOTIVE DEALERS/TRUCK
SALES" AS A PERMITTED USE IN THE SHOPPING CENTER DISTRICT
Chairman O'Neal opened the Public Hearing.
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Planning Director Hayes stated the petitioner has
requested "automotive dealers and truck sales" to be allowed
as a permitted use in the Shopping Center District. He
stated the retail sales of goods associated with outside
display are only permitted in B-2 Highway Business Districts
and/or Industrial Districts. Planning Director Hayes stated
the Planning Board denied the request feeling Shopping
Centers invoke the image of enclosed shopping opportunities;
whereas, automotive sales rely heavily on outside display
which would detract from the enclosed retail theme. The
Planning Board also felt traffic congestion would be
accelerated in an area already characterized by higher
traffic volume.
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Planning Director Hayes stated the Planning Staff
supported the change since it would allow greater control
over sites of commercial activities and discourage the trend
toward strip commercial development. He stated the Planning
Staff also suggested other types of activities now excluded
from the Shopping Center District be added, including
hardware stores, daycare, equipment rental, retail
nurseries, convenience food stores, dry cleaning and
recreation clubs.
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Commissioner Barfield and Vice-Chairman Dolan expressed
concern for the serious impact of this proposed text change
on all future shopping centers stating a change of this
magnitude deserved much more consideration than could be
given at this Public Hearing.
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Chairman 0' Neal asked if anyone present would like to
speak. The following person commented in opposition to the
request:
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
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Mr. Michael Jordan, representing citizens from
surrounding neighborhoods, commented on the impact to future
and present Shopping Centers if this text change is adopted.
He emphasized the importance of studying this matter in
detail before allowing automotive sales in Shopping Centers
which will automatically create larger developments and
traffic. He expressed concern for accelerated traffic on
Eastwood Road and presented a report prepared by Traffic
Engineer Joe Huegy stating development of the site as
proposed would create the single, largest traffic difficulty
in New Hanover County. Mr. Jordan respectfully requested
upholding the Planning Board's decision to deny the text
change. He emphasized the impact of traffic on surrounding
neighborhoods and the importance of well planned traffic
patterns before allowing development of this size into
residential areas.
Chairman O'Neal asked if the petitioner would like to
speak. The following person commented:
Mr. Ray Matthis, the petitioner, stated he was glad to
be given an opportunity to explain the proposed plan since
several attempts to meet with surrounding neighborhoods had
failed. He stated his company worked with the County
Planning Staff to ascertain the best way to make the
proposed project fit into the community. At the
recommendation of the Planning Staff, the petitioner
submitted the proposed plan and Text Amendment to allow auto
dealerships within a planned Shopping Center District, which
is the most restrictive district within the County's
commercial zoning classification. He stated his company did
not ask for a general rezoning of the Shopping Center but
submitted a plan with specific requirements and standards
for developments.
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Mr. Matthis presented the proposed project addressing
the following issues:
1. Proposed natural, physical buffer 50 feet wide
with another 20 feet for setbacks for buildings
providing a 70 foot setback from residents.
2. Traditional .sequence of land uses from least
intensive to auto dealerships and shopping
center which will be l,500 feet from the
nearest residential lot.
3. No connecting streets to adjacent residential
areas. Exits to Eastwood Road or Market Street.
The project will comply to N. C. Department of
Transportation guidelines.
4. Signage, lighting, and landscaping controls will
be over and above those required by the current
development regulations.
5. The proposed plans complies to the recently
updated Land Use Plan.
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Mr. Matthis stated the land is already zoned for
location of auto dealerships stressing the importance of
developing this land in a well controlled manner instead of
uncontrolled strip zoning. He apologized for the
misunderstanding with reference to the Text Change and
respectfully requested approval of the proposed plan.
Chairman O'Neal closed the Public Hearing.
Commissioner Barfield expressed concern for the
Planning Staff recommending a Text Amendment, which requires
approval by the Board of Commissioners, when assisting a
developer in a proposed project. He emphasized the
importance of the developer clearly understanding that the
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
Planning Staff's recommendation is not always approved by
the Commissioners and asked Planning Director Hayes if Mr.
Matthis had been informed of this requirement.
Planning Director Hayes stated Mr. Matthis had been
informed that the Text Amendment would have to be approved
by the Commissioners in order to develop the plan as
submitted. He also stated the recommended change would give
the County more control of the proposed project in this area
and at the same time provide the least impact possible on
surrounding neighborhoods.
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commissioner Barfield requested the Planning Staff to
encourage developers to hire consultants if needed, and he
strongly urged the Planning Staff not to become involved in
proposing text amendments of this type.
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Vice-Chairman Dolan commented on protection to citizens
who have already purchased property under residential zoning
stating due consideration should be given before approving
any text amendment or rezoning request that will impact
heavily on residential neighborhoods.
Discussion was held on future development and proposed
projects of this size. Commissioner Retchin recommended
exploring areas where developments of this size will not
impact on surrounding neighborhoods.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Retchin to uphold the Planning
Board's recommendation for denial of the Text Amendment.
upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL OF REQUEST TO
REZONE 120 ACRES SOUTHEAST OF U. S. 17 AND WEST OF LONG LEAF
ACRES SUBDIVISION TO SHOPPING CENTER DISTRICT AND 0-1 OFFICE
INSTITUTION FROM R-15 RESIDENTIAL, B-2 BUSINESS AND 1-1
LIGHT INDUSTRIAL
Commissioner Corbett MOVED, SECONDED Vice-Chairman
Dolan to deny the rezoning request and site plan submitted
by the petitioner since the Board denied the Zoning Text
Amendment for the Shopping Center District. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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BREAK
Chairman O'Neal adjourned the meeting for a break from
9:10 o'clock P.M. to 9:31 o'clock P.M.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A RETAIL NURSERY ON 5.5 ACRES ON THE SOUTH SIDE OF
NORTH KERR AVENUE, WEST OF TRUESDALE DRIVE
Chairman O'Neal opened the Public Hearing.
Chairman O'Neal asked anyone present wishing to give
testimony to step forward to be sworn in by the Clerk. The
following persons were sworn in:
Ms. Ginni Goodwin
Mr. Steve Hutchison
Ms. Cerilla M. James
Mr. David Bryant
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Planning Director Hayes and Planner Avery presented
slides and gave background information on the request
stating retail nurseries are permitted by Special Use Permit
in the Airport Residential District. Planning Director
Hayes stated the Board of commissioners denied the
petitioner's rezoning request from Airport Residential to
Airport Industrial at the meeting of July 7, 1987; and that
the petitioner is now requesting issuance of a Special Use
Permit to locate a retail nursery. Planning Director Hayes
recommended upon approval of granting a Special Use Permit
that all equipment and storage buildings associated with the
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
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landscaping contracting portion of the business be confined
to the AI Airport Industrial District.
Chairman O'Neal asked if anyone present would like to
speak in favor of issuing the Special Use Permit. The
following persons commented:
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Ms. Ginni Goodwin, agent for Mr. Steve Hutchison,
commented on denial of the rezoning request at the JUly 7
meeting stating concern was expressed by the Board of
Commissioners for intensification of commercial growth in a
residential community. She stated in order to address this
concern the petitioner is now requesting issuance of a
Special Use Permit to locate a nursery in the AR District
with all equipment and storage buildings being confined to
the AI District. Ms. Goodwin stated the plan now submitted
for development of the 5.5 acres would not injure the value
of adjoining or abutting property nor would it endanger the
public health or safety if located as proposed. She
respectfully requested granting of the Special Use Permit.
Chairman O'Neal asked Ms. Goodwin if she agreed with
the statements presented by the Planning Staff. Ms. Goodwin
stated she concurred with the statements presented.
Mr. Steve Hutchison, the petitioner, gave background
information on the retail nursery business stating three
greenhouses would be located on the property.
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Commissioner Retchin asked the petitioner if he
understood under the proposed plan that issuance of the
Special Use Permit would limit placement of any additional
greenhouses on the property. Mr. Hutchison stated he
understood.
Chairman O'Neal asked if anyone present wished to speak
in opposition to granting of the Special Use Permit. The
fallowing persons commented:
Ms. Cerilla James expressed
presented not showing pictures of
property and commented on the
greenhouse and nursery. She also
future use of the land.
concern for the slides
homes adjacent to the
difference between a
expressed concern for
Commissioner Barfield explained when granting a Special
Use Permit, the County has more control since specific
conditions can be placed on a Special Use Permit. He stated
if these conditions are violated, the right to continue
business is forfeited.
Mr. David Bryant, a resident of the surrounding
community, expressed concern for additional traffic
commenting on the current traffic congestion on Truesdale
Drive.
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Chairman O'Neal closed the Public Hearing.
Discussion was held on the size and height of the
greenhouses to be located on the property.
After further discussion, Commissioner Corbett MOVED,
SECONDED by Commissioner Retchin to grant the Special Use
Permit making the following Findings of Fact and drawing the
following conclusions: (1) the proposed use does satisfy the
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
first general requirement; namely the use will not
materially endanger the public health or safety if located
where proposed and developed; (2) the proposed use does meet
all required conditions and specifications in that retail
nurseries are permitted by Special Use Permit in AR Airport
Residential District; the Zoning Ordinance does not
elaborate on any special conditions for this type of land
use; and the use categorization is based on the land use
classification found in the Standard Industrial
Classification Manual which defines retail nurseries as
"establishments primarily engaged in selling trees, shrubs,
other plants, seeds, bulbs, mulches, soil conditioners,
fertilizers, pesticides and garden supplies; (3) the
proposed use satisfies the third general requirement; namely
the use will not substantially injure the value of adjoining
or abutting property since surrounding property to the
southern, eastern, and western perimeters is vacant.
Property to the north is zoned A-I Airport Industrial and is
or has been used for a variety of purposes including
auto/truck repair, building contracting, and light
manufacturing; (4) the use satisfies the fourth general
requirement; namely the location and character of the use if
developed according to the plan submitted will be in harmony
with the area since the proposed use will be directly
adjacent to an A-I Airport Industrial District which is
lightly developed with a mixture of non-residential land
uses; and ( 5 ) the Special Use Permit is subj ect to the
following conditions:
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a. That the applicant shall fully comply with all of
the specific requirements stated in the ordinance for the
proposed use, as well as any additional conditions
hereinafter stated.
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b. If any of the conditions imposed by this Special
Use Permit shall be held invalid beyond the authority of
this Board of Commissioners by a court of competent
jurisdiction then this permit shall become void and of no
effect.
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c. Others:
1. All other Federal, State and local laws as
applicable.
2. The portion of the property zoned AR be limited to
three (3) greenhouses; two (2) in size not to exceed 60' x
150'; the other not to exceed 50' x 100'.
3. The maximum height of structures cannot exceed 25
feet.
4. The operation be limited to the sale of plant
materials including but not limited to shrubs, trees,
plants, bulbs, and flowers.
5. There will be no storage of heavy equipment on the
property zoned AR Airport Residential District.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP,
Book I, Page 30.
PUBLIC HEARING TO CONSIDER REZONING 3.3 ACRES AT THE NORTH
WEST CORNER OF MARKET STREET AND NORTH COLLEGE ROAD TO B-2
BUSINESS FROM R-15 RESIDENTIAL
Chairman O'Neal opened the Public Hearing.
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Planning Director Hayes gave background information on
the rezoning request stating policies in the land use plan
encourage commercial locations along major roadways that can
handle the traffic, and at appropriate roadway
intersections. He stated the Planning Board voted
unanimously to recommend approval and suggested if no one
present wished to speak in opposition to the request, he
recommended approval.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
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Chairman O'Neal closed the Public Hearing.
Vice-Chairman Dolan MOVED, SECONDED by commissioner
Retchin to approve rezoning of 3.3 acres at the north west
corner of Market Street and North college Road to B-2
Business from R-15 Residential. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972," is contained
in zoning Book II, Section 2, Page 29.
PUBLIC HEARING TO CONSIDER REZONING 5.0 ACRES ON THE
SOUTHEAST SIDE OF U. S. 17 OPPOSITE ALEXANDER ROAD TO B-2
BUSINESS FROM R-15 RESIDENTIAL
Chairman O'Neal opened the Public Hearing.
Planning Director Hayes stated the request was
unanimously approved by the Planning Board based on existing
zoning to the north and south of the current use of the
property. Director Hayes recommended approval of the
rezoning request if no one present wishes to speak in
opposition.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
Chairman O'Neal closed the Public Hearing.
Commissioner Retchin MOVED, SECONDED by Commissioner
Corbett to approve rezoning 5.0 acres on the southeast side
of U. S. 17 opposite Alexander Road to B-2 Business from
R-15 Residential. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971," is contained
in Zoning Book II, Section 7, Page 2.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO
SECTION 69.4 (5) OF THE ZONING ORDINANCE BY REDUCING THE
SETBACK DISTANCE BETWEEN DETACHED SINGLE FAMILY UNITS TO TEN
FEET FROM TWEN'rY FEET
Chairman O'Neal opened the Public Hearing.
Planning Director Hayes
Amendment was to address
development.
stated the purpose of the Text
high density detached unit
Vice-Chairman Dolan expressed concern for no more than
10 feet between detached units and recommended denial of the
request.
Chairman O'Neal asked if anyone present would like to
speak in favor of or in opposition to the proposed Text
Amendment. No one commented.
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After further discussion, Commissioner Corbett MOVED,
SECONDED by Commissioner Barfield not to approve the
proposed Text Amendment but leave the regulations as they
now exist. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF CARL
STREET (SR 1801)
Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adopt a Resolution of Intent to close a portion
of Carl Street with a Public Hearing to be scheduled on
October 5, 1987, at 7:00 P.M. upon vote, the MOTION CARRIED
UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
ADOPTION OF RESOLUTION ENCOURAGING THE ENVIRONMENTAL
MANAGEMENT COMMISSION TO PROTECT AND PRESERVE COASTAL WATER
QUALITY
Chairman O'Neal commented on an effort by various
groups to lower present restrictions governing water quality
in waterways. He stressed the importance of encouraging the
Environmental Management Commission to retain present
stormwater regulations and strengthen them by adding
sections of newly proposed regulations to increase
jurisdiction beyond the 575 foot line from mean high water
to include all counties.
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commissioner Barfield MOVED,
Retchin to adopt the resolution
the MOTION CARRIED UNANIMOUSLY.
SECONDED by Commissioner
as presented. Upon vote,
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A copy of the resolution is contained in Exhibit Book
XV, Page 35.
ADOPTION OF AMENDMENTS TO NEW HANOVER COUNTY FIRE ORDINANCE
UPON SECOND READING
Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adopt amendments to the New Hanover County Fire
Ordinance upon the second reading. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Copies of the amendments are on file in the Clerk's
office for codification into the New Hanover County Code.
DISCUSSION OF AMBULANCE FRANCHISE
County Manager Cooper commented on the request by the
Board to investigate the possibilities of private ambulance
companies to apply for the Ambulance Franchise for New
Hanover County. He stated four persons were interested in
submitting proposals and would like direction from the
Commissioners as to what procedure to follow in selecting a
firm.
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County Manager Cooper stated the Museum Building
Committee had selected four architects who would like to
submi t proposals. He recommended reserving time to hear
presentations for the museum and ambulance franchise on the
morning of September 21, 1987.
After discussion, it was
schedule presentations for
franchise as agenda items
September 21, 1987.
the consensus
the museum
beginning at
of the Board to
and ambulance
9:00 A.M. on
County Manager Cooper commented on a museum proposal
received after the advertised deadline of 5:00 P.M. on
September 17, 1987. He stated the proposal was mailed on
that date according to the postmark, but did not arrive in
the office until the fOllowing week. He stated after due
consideration by the Museum Building Committee, it was
determined the proposal should not be considered since the
architect did not follow instructions as advertised.
commissioner Corbett, a member of the Museum
Committee, stated the Building Committee felt the
should not be considered since other firms had
instructions as advertised; however, the Committee
Commissioners should make the final decision.
Building
proposal
followed
felt the
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After discussion, it was the consensus of the Board to
follow the recommendation of the Museum Building Committee
and not consider the proposal received after the deadline.
TRANSFER OF BUDGET-RENTAL CAR FRANCHISE - NEW HANOVER COUNTY
AIRPORT
Mr. Don Kimball requested authorization to transfer the
Budget-Rental Car Franchise at the New Hanover County
Airport.
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MINUTES OF REGULAR MEETING, SEYJ:JSlImER 8, 1987
6.
Assistant County Attorney Silliman stated, for
clarification, the Commissioners were being requested to
approve an assignment of transfer of the service facility
agreement and operating concession agreement.
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County Attorney Pope stated the existing rights carry
certain obligations which upon transfer will automatically
be assumed by the new company.
commissioner Corbett MOVED, SECONDED by Commissioner
Retchin to approve the assignment of transfer of the Budget
Rental Car Franchise as requested. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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DISCUSSION OF AIRPORT HOTEL LEASE
County A~torn~y Silliman gave background information on
award of a lease to Courtland Development, Inc. in 1985 for
construction of a hotel stating preliminary plans and
specifications were to be submitted no later than April
1986. As of November 1986, no plans had been submitted, and
the Legal Department informed the Commissioners of the
situation asking direction of the Board. He stated the
commissioners directed the Legal Staff to inform Courtland
Development, Inc. that action must be taken immediately. He
stated a letter was written to Courtland Development, Inc.
and a meeting was held between the County and Mr. Courtland
and his associates in November 1986 with the understanding
that plans would be submitted. County Attorney Silliman
stated as of July 1987, no plans had been submitted, and the
Commissioners were approached again for direction. It was
the consensus of the Board of Commissioners to authorize the
Legal Department to write a Notice of Default. In August a
Notice of Default letter was forwarded to Courtland
Development, Inc. at the registered address of Attorney Gary
K. Shipman.
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Mr. Gary K. Shipman, Attorney representing Courtland
Development, Inc. and others, commented on the lease between
New Hanover County and Courtland Development, Inc. stating
much time and effort was given into preparing a document
that was acceptable to all. He commented on the
disappearance of Mr. Richard Courtland stating as of this
date, no one knows where he can be reached.
Attorney Shipman stated in November 1986 a meeting was
held between Mr. Richard Courtland, the developer; Mr. Bob
Sawyer, the designated architect; Mr. John Peron, Manager of
Springfield Hotels; and County Manager, G. Felix Cooper. He
stated at this meeting the County acknowledged the Airport
Project was behind schedule with no urgency being expressed
for submittal of plans and specifications on the proposed
hotel since the contract for construction of the Airport
Terminal had not been awarded. Attorney Shipman stated the
assumption from the beginning of the project was that the
construction of Airport Terminal and hotel would go arm in
arm in order to provide customers to accommodate the hotel.
He stated at this time, Mr. Sawyer indicated to county
officials that his company was prepared to submit plans and
specifications if deemed appropriate.
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Attorney Shipman stated during the meeting with Mr.
Courtland and County officials, it was obvious that
Courtland Development, Inc. would not be able to carry out
the obligations under the lease and requested the
opportunity to assign the lease to a competent group of
individuals who were prepared to proceed. Attorney Shipman
stated in anticipation of assigning the lease, he prepared
the document in December 1986, for signature of Mr.
Courtland; however, he has not seen him as of that date.
Attorney Shipman stated he could not definitely establish a
date when the lease could be assigned.
Attorney Shipman stated the other individuals involved
in the proposed project, Commercial Builders of Rocky Mount,
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
N. C.; Springfield Hotels, a hotel management company with
Mr. John Peron as manager; and Mr. Bob Sawyer, the
designated architect, are still interested in the project.
Attorney Shipman requested the Commissioners to consider if
a default had occurred since at the November meeting
preliminary plans and specifications could have been
submitted within seven days; however, at this time the
Airport Terminal construction contract had not been awarded.
He also commented on matters addressed by the Legal
Department involving concerns expressed by FAA and the
United States Department of Transportation stating the time
factor would be the same since construction of the hotel
would have to be coordinated with construction of the
Airport Terminal. He commented on a meeting held with Ms.
patricia Melvin, MBE Officer, to discuss MBE requirements
and address concerns for any project of this type stating
these matters can be adequately addressed.
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Attorney Shipman requested the Commissioners to
establish a reasonable period of time to obtain Mr.
Courtland's signature on a proposed assignment and allow Mr.
Sawyer to present preliminary plans and specifications for
construction of the hotel. Attorney Shipman asked the
Commissioners to consider the issue of whether a default
actually occurred before deciding to terminate the lease.
commissioner Barfield stated the simplest method would
be to declare default of the lease and readvertise for the
project.
County Attorney Pope stated default of the lease would
be the best method for resolving the problem since there is
no assurance Mr. Courtland will be available to execute the
assignment.
Mr. Bob Sawyer stated Mr. Courtland selected his firm
as architect for the hotel. Later in 1986, Mr. Courtland
agreed to assign the hotel lease to his firm in the presence
of County Manager Cooper. County Manager Cooper stated at
that time he advised Mr. Courtland to approach the
Commissioners to modify the lease by dropping the
requirement for plans and specifications. Mr. Cooper stated
he had not seen nor heard from Mr. Courtland since that
date.
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Mr. Sawyer gave background information on Commercial
Builders and Springfield Hotels commenting on their
compentency. He requested the commissioners to consider
allowing him time to acquire the signature of Mr. Courtland.
After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Barfield to declare Courtland Development,
Inc. in default of the lease and readvertise the project.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman O'Neal recessed the meeting for a break from
10:50 o'clock P.M. to 10:58 o'clock P.M.
APPROVAL OF CONSENT AGENDA ITEM 16, REQUEST FOR HIRING ONE
ADDITIONAL PLUMBING INSPECTOR
Vice-Chairman Dolan questioned the amount of money
involved in hiring an additional Plumbing Inspector.
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Mr. Schuyler Conklin, Inspections Director, commented
on the request for one additional Plumbing Inspector stating
inspections for Area I of the Sewer System in the County and
inspections of the newly annexed areas of the City of
Wilmington have generated enough work for more than one
Plumbing Inspector position. He stated the County has a
policy which requires the Inspections Department to support
itself by 75% from revenue generated by collection of fees
stating last year, the Inspections Department funded itself
by 84% and is 19% ahead of the projected revenue collection
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
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for the current year. Director Conklin stated the position
would cost $4,075 for the remainder of the year, stating he
felt the Inspections budget was flexible enough to fund the
position.
After discussion, Vice-Chairman Dolan MOVED, SECONDED
by Commissioner Corbett to approve the additional Plumbing
Inspector position as requested. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
DENIAL OF AGENDA ITEM 12, REQUEST TO REVISE ARTICLE II
SECTION 3 OF THE PERSONNEL POLICY ENTITLED ADMINISTRATION OF
THE POSITION CLASSIFICATION PLAN
Vice-Chairman Dolan commented on the request to allow
the County Manager to approve reclassification requests upon
the recommendation of the Personnel Director stating he felt
the change was not necessary. He expressed concern for the
"buddy system" stating approval for reclassifications by the
County Commissioners, as now used, prevents this type of
problem.
County Manager Cooper commented on submitting a Consent
Agenda Item for two well, documented reclassifications for
Secretaries who have assumed supervisory responsibilities
over and above clerical responsibilities in the Finance and
Engineering & Facilities Department. He stated a request
was made for this item to be withdrawn. Chairman O'Neal
stated he was responsible for requesting the County Manager
to withdraw the Consent Agenda item feeling that more
information should be provided as to the overall impact of
the reclassification to other secretarial positions.
Commissioner Barfield expressed concern for one
Commissioner removing an item from the Consent Agenda when
recommended by staff stating all five Commissioners should
be involved in a decision of this type.
County Manager Cooper stated the question arose as to
whether reclassifications should be a Staff or
commissioners' function stating most reclassificat.ions are
performed at budget time.
After further discussion, Vice-Chairman Dolan MOVED,
SECONDED by Commissioner Corbett to deny the request to
revise Article II, Section 3 of the Personnel Policy and
continue to handle the reclassification procedure as
currently stated. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
DISCUSSION OF THE FOOD BANK AND MOTHER HUBBARD'S CUPBOARD
Vice-Chairman Dolan asked Assistant County Manager
Gornto if any data had been accumulated on the relationship
between the Food Bank and Mother Hubbard's Cupboard.
After discussion, it was the consensus of the Board to
request Assistant County Manager Gornto to forward data on
the functions of the Food Bank and Mother Hubbard's
Cupboard.
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34
MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of Skycap Proposal
County Manager Cooper commented on figures presented on
the Consent Agenda for the Skycap Proposal stating new
figures have been received which would increase the cost due
to adding an additional person. He requested authorization
to approve an additional $ 400 payment through October 31,
1987.
Discussion was held on the excellent service provided
by Skycap and current negotiations with the Airlines to
absorb this cost.
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After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Corbett to approve the additional
funding in the amount of $400. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Waiver of Tip Fee for Beach Clean Up Program
County Manager Cooper stated participants of the Beach
Clean Up Program had requested a waiver of the tip fee for
trash collected on September 19, 1987.
commissioner Barfield MOVED, SECONDED
Dolan to waive the tip fee as requested.
MOTION CARRIED UNANIMOUSLY.
by Vice-Chairman
Upon vote, the
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Announcement of Port City Classic Football Game
Commissioner Barfield announced the Port City Classic
football game sponsored by the alumni of Fayetteville State
University would be held on Saturday, September 12, 1987, at
2:00 P.M. at Legion Stadium with a parade being held on
Saturday at 10:00 A.M. in honor of this event. He invited
all Commissioners to attend.
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Announcement of Southeastern Sickle Cell Association Inc.'s
Fourth Annual Awards Dinner
Commissioner Barfield reminded the Commissioners of the
Southeastern Sickle Cell Association Inc.' s Fourth Annual
Awards Dinner to be held on September 17, 1987, at the
Western Steer Steak House at 7:00 P.M. He encouraged all
Commissioners to attend.
Establishment of Airport commission
Commissioner Corbett commented on moving forward with
establishment of an Airport Authority. Commissioner Corbett
MOVED, SECONDED by commissioner Retchin to appoint an
Airport Commission for a term of two (2) years, members of
which will be the nine (9) remaining members of the former
Airport Ad Hoc Study Committee. Their first duty will be to
draw up a Charter for an Airport Authority to present to
this body for approval. The floor was opened for
discussion.
Vice-Chairman Dolan commented on the importance of
moving forward with a strong Airport Commission. He
expressed concern for designating previous members of the
Airport Ad Hoc Study Committee to serve on the Commission
stating this would be deviating from the usual method of
making appointments.
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Vice-Chairman Dolan stated a strong working plan,
whether by resolution or charter, should be prepared which
will guarantee this type of organization cannot be abolished
by the Commissioners and will provide some form of
accountability from the Board of Commissioners to the
taxpayers of New Hanover County.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
6:
Chaairman 0' Neal expressed concern for appointing
members to an Airport Commission who practically refused to
follow charges given. He recommended advertising and
following the County's usual procedure.
Vice-Chairman Dolan expressed concern for appointing
nine members suggesting a smaller number to serve on the
Airport Commission.
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A lengthy discussion was held on the word, "Authority".
County Attorney Pope recommended clarification of the
meaning of authority. He stated an autonomous authority
would be created by an act of legislation. After further
discussion, Commissioner Corbett stated he was in favor of
endorsing the concept of an autonomous authority.
A lengthy discussion was held on the Airport resolution
prepared by Chairman O'Neal.
Chairman O'Neal expressed concern for the Airport
Commission developing and writing a charter. He stated this
function should be performed by the Legal Department.
Discussion was held on the Airport Commission having time to
prepare a charter while attending to other duties. It was
the consensus of the Board that both functions could be
performed with assistance from the Legal Department.
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After further discussion, Commissioner Corbett amended
his MOTION, seconded by Vice-Chairman Dolan to establish and
appoint a five (5) member Airport Commission for a period of
two years. The powers and duties of this Commission will be
defined by resolution. The County Commissioners endorse the
concept of an autonomous authority and shall request the
Airport Commission, as their first priority to develop a
charter agreeable to the County Commissioners, for
establishment of an Airport Authority after the two-year
period. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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After further discussion, it was the consensus of the
Board to advertise the vacancies on the Airport Commission
according to normal procedure.
After further discussion, it was the consensus of the
Board to review the resolution prepared by Chairman O'Neal
and present changes or recommendations at the next meeting.
DISCUSSION OF CONSOLIDATION BROCHURE
Commissioner Retchin commented on a question and answer
brochure being prepared from the fact sheet which was
presented and discussed at the Special Work Session on
Monday, Augu~t 31, 1987, at 7:30 P.M. He requested
authorization to mail this form to the registered voters of
New Hanover County.
Vice-Chairman Dolan asked who was financing the
printing of the brochures and when informed, the County, he
strongly objected to printing being done at the taxpayers
expense. Commissioners Barfield and Corbett also indicated
tax funds should not be used.
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Vice-Chairman Dolan expressed concern for the brochure
being factual. He suggested a few changes and stressed the
importance of being honest about taxes. He stated he was
100% in favor of informing the people in a factual manner
asking Commissioner Retchin if he would like for the
Commissioners to revise the pamphlet for discussion at the
next meeting.
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Commissioner Retchin stated the purpose of the Special
meeting held on August 31, 1987, was for discussion and
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987
revision of a fact sheet stating these changes have been
incorporated into the brochure.
Commissioner Barfield stated he could not support the
request feeling the brochure was very misleading. He again
emphasized the importance of a feasibility study prior to
asking the people to vote on the consolidation issue.
After further discussion, no action was taken with the
general consensus that County funds should not used for
mailing brochures to the registered voters of the County.
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Announcement of Governor's Crime Camnission Meeting at
Wrightsville Beach
Vice-Chairman Dolan commented on the Governor's Crime
Commission meeting to be held at Wrightsville Beach on
September 10 and 11 to discuss jails and prisons. He invited
the Commissioners to attend.
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EXECUTIVE SESSION
Vice-Chairman Dolan commented
at the Airport with Mr. Joseph
calling an Executive Session.
on the personnel problem
Rhine. He recommended
Commissioner Barfield MOVED,
Retchin to convene to Executive
MOTION CARRIED UNANIMOUSLY.
SECONDED by Commissioner
Session. Upon vote, the
Chairman O'Neal convened to Executive Session at 12:20
o'clock A.M.
Commissioner Retchin MOVED,
Corbett to reconvene to Regular
MOTION CARRIED UNANIMOUSLY.
SECONDED by Commissioner
Session. Upon vote, the
Chairman 0' Neal convened to Regular Session at 12: 43
o'clock A.M.
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ADJOURNMENT
Commissioner Corbett MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal adjourned the meeting at 12:45 o'clock
A.M.
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uCJ.e F. Harrell
C erk
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