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HomeMy WebLinkAbout1987-09-08 Regular Meeting L____ I' I LJ i' I , l.J i' L.J 6 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. _~._.___-.J ;20 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. r-" L. 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. r-" 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. L 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. r-" L 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. L MINUTES OF REGULAR MEETING, SISYJ:JSlIItBER 8, 1987 6: 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. " ! 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. l.J 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. " ~ 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 r ~ 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. ------ --1 ___~.____ _ ___ J 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. n Ll 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. r-" 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: L 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. .- 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. L 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. L~_ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987 ~~ I' I , LJ 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. [ 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. I' 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. L.J 'cf?i' 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. " 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. LJ 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. r-" 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. L 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. r 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. L Chairman 0' Neal asked if anyone present would like to speak. The following person commented in opposition to the request: 7 __~J MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987 6~ r I L1 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. [ 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. [ 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 i26 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. .. 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. L. 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. r- L 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 r- 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 L.... MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987 &,a 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: I' I l.J 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. [ 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. i' I L.J 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 ----, -----' ~ ca.. B 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: r-, LJ 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. !l 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. r- L.. 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. , L. 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. '------ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987 6~ 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. r L 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. [ 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. fl L 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. ______J 30 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. .. commissioner Barfield MOVED, Retchin to adopt the resolution the MOTION CARRIED UNANIMOUSLY. SECONDED by Commissioner as presented. Upon vote, L. 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. r-" L 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 r- L. 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. ,.- 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. 1--., 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. ,---1 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. r--, L.J 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. r--, j L.J 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, -, 32 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. " LI 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. r- L. 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. ,-- L. 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 r ~ " L " I LJ MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1987 6 .~ L. 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. ------l_____ 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. ,-- '- 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. ,-- L 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. r- L 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. -------- , ~~----- 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. r l.J 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. " 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. l.J 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. " 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. , L.J Commissioner Retchin stated the purpose of the Special meeting held on August 31, 1987, was for discussion and 36 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. n 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. L.I 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. , L. 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. ci;e ~ct~~~ uCJ.e F. Harrell C erk , L