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1985-03-11 Regular Meeting 800 MINUTES OF SPECIAL MEETING, MARCH 8, 1985 (CONTINUED) Commissioner O'Shields expressed concern for no liquidated damages clause and recommended 'addition of such a clause in the contract. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to approve award of the low bid to Stroud Land Surveying Company in the amount of $23,266 with an addition of a liquidated damages clause to be prepared by the County Attorney and subject to the approval of FAA. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield ADOPTION OF RESOLUTION TO TAKE IMMEDIATE ACTION TO PREVENT PLAN TO RELOCATE CUSTOMS OFFICIALS Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to adopt a resolution to be forwarded to the N. C. Legislative Delegation for immediate action to prevent the relocation of Custom Officials at the Port of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield A copy of the resolution is contained in Exhibit Book XII, Page 42. ADJOURNMENT Commissioner Retchin to ad journ the meeting. FOLLOWS: MOVED, SECONDED by Commissioner Dolan Upon vote, the MOTION CARRIED AS Absent: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Commissioner Barfield Voting Aye: Chairman O'Neal adjourned the meeting at 11:45 o'clock A.M. Respectfully submitted, Lucie F. Harrell Clerk MINUTES OF REGULAR MEETING, MARCH 11, 1985 The New Hanover County Board of Commissioners met in Regular Session on Monday, March 11, 1985, at 7:00 o'clock P.M. in the Assembly Room, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; John Dolan; Claud O'Shields, Jr.; Fred Retchin, Chairman Nolan O'Neal; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Commissioner O'Shields gave the invocation. Chairman O'Neal called the meeting to order. RECOGNITION OF BILLY NEWELL - BOY SCOUT TROOP 119 Chairman O'Neal recognized Mr. Billy Newell, Boy Scout Troop #19, who was attending the meeting to learn more about local government. ~ 801 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of February 18, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. I 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. The following persons commented: Mr. Alton Lennon, Attorney representing the petitioner, on an appeal to consider rezoning property located on the southeast side of Market Street south of the entrance to Bayshore Estates, encompassing approximately 34 acres from R-15 Residential to B-2 Highway B~siness requested postponement of this item to the . f ," ~ - regularly scheduled meeting of April 1, 1985. ,. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to postpone the appeal to the April 1 ~ -, 1- meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Mike Vaughan commented on whether a policy had been established for providing special consideration to persons connecting to the county-wide sewer system with unusually high costs. County Manager Cooper stated a meeting had been held with the County Facilities Director and County Engineer for establishing a policy which was being prepared and would be presented within the next two weeksr I. I APPROVAL OF CONSENT AGENDA After discussion of Items #3 and #12 by Mr. William Funderburg and discussion of Item #7 by Commissioner Dolan, stating he felt this item should not be placed on the Consent Agenda at this time, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the following items on the Consent Agenda. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Shields Commissioner Retchin Chairman O'Neal Voting Noe: Commission Dolan CONSENT AGENDA Adoption of Resolutions for Addition of Roads to State Secondary Road System The Commissioners adopted resolutions for addition of the following roads to the N. C. State Maintained Secondary Road System: I South Carolina Ave .', Wilmington Beach (Division File #5l9-N) Eastwind Road, Eastwind Subdivision (Division File #503-N) Bent Tree Subdivision, Sections 2 & 4 (Division File #517-N) Copies of the resolutions are contained in Exhibit Book XII, Page 42. Adoption of Resolution Proposing Acceptance of an Offer to Purchase Surplus Property Owned by the City of Wilmington and New Hanover County The Commissioners adopted a resolution accepting an offer to purchase a parcel of property located at 1014 Wooster Street for the sum of $1,760. This property represents an ad valorem tax value as of 1983 totaling $3,520. The offer to purchase has been duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XII, Page 42. 802 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Adoption of Resolution by City of Wilmington for Grant of Easement for Utility Installation The Commissioners are requested to adopt a resolution authorizing the Chairman to execute a grant of easement for utility installation over property acquired by New Hanover County from Mr. Alex Trask, et al by deed recorded in Book 1195 at Page 1228 of the New Hanover County Registry. .. ,- ~ A copy of tDe resolution is contained in Exhibit Book XII, Page 43. Adoption of Resolut'icm Requesting Membership in the North Carolina Committee for Journeyman Electricians The Commissioners adopted a resolution accepting membership in the North Carolina Committee for Journeyman Electricians and authorizing the New Hanover County Board of Examiners of Electricians to proceed with the~~ecessary arrangements for, and to enter into, a reciprocal agreement with the participating cities and counties. A copy of the resolution is coniained in Exhibit Book XII, Page 43. Approval of Request for Positions in Health Department The Commissioners approved a Public Health Nursing Supervisor II position; Public Health Nurse I position; and Community Health Technician in the Home Health Program. No county funds will be needed for the addition of these positions since payment of salaries and operation needs will be covered by earned revenues in the Home Health Program. If! 'App{ova'l of Revision. to Personnel Policy The Commissioners approved a revision to the Personnel Policy, Article III, Section 11 - Overtime. r Approval of Tax Regulations - Reduction of Auto Reimbursement Allowance The Commissioners approved Auto Mileage allowance, due to a implemented by the Internal Revenue amendment to the present change in Tax Regulations Service as follows: (1) Effective March 12, 1985: Reduce reimbursement for use of'" personal cars for County business from 22 cents per ~ile to 20.5 cents per mile. ( 2 ) Effective will be salary. July 1, 1985: All treated as p~rt auto allowances of the employee's ( 3 ) Effective July 1, allowed to drive leased) to and from travel is part of a 1985: No employee will be a County vehicle (owned or his/her residence unless the continuous business trip. , Approval to Accept Surplus Ambulance - Department of Emergency Services The Commissioners approved acceptance of an antiquated ambulance from the Wilmington Fire Department for use of parts, driver training, or as a utility type vehicle. ~;{.~ " Approval of Funding to Repair County Concession Stands -Parks & Recreation ' The Commissioners approved the following Budget Amendment in the amount of $8,000 for repair to concession stands. Debit - #11 9800 911, Contingency Credit - #11 6120 640, Capital Outlay $8,000 $8,000 "- 803 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) I Approval of Employee Identification Policy The Commissioners approved an Employee Identification Policy requiring permanent and probationary employees to wear name badges while in an official working capacity. Approval of Fee Schedule Revision for Planning Related Applications The Commissioners approved a Fee Schedule Revision for planning related applications. The purpose of the revisions is to eliminate the imbalance in County outlays associated with the administrative and advertising costs for the various planning related activities. Adoption of Resolution To Enter Into Agreement with City of Wilmington to Prepare CAMA Land Use Plan Update The Commissioners adopted a resolution authorizing the County and City to enter into an agreement to prepare and adopt a CAMA Land Use Plan Update in accordance with the CAMA guidelines. A copy of the resolution is contained in Exhibit Book XII, Page 44. Approval of City/County Agreement for Computer Mapping System The Commissioners approved and authorized the Chairman to execute an Interlocal Agreement for Joint Acquisition, Development and Operation of an Automated, Geographic-Based Information System. I A copy of the agreement is on file in the County Manger's Office. Approval of Budget Amendment for Microfilming - Department of Social Services The Commissioners approved the following Budget Amendment in the amount of $14,703 for microfilming, office equipment and Capi tal Outlay. Debit - #11 3530 379, Reimbursement for County Welfare Adm. Expenditures $35,322 #11 3533 370, AFDC (County Issued Checks) 67,816 #11 5335 580, AFDC (State Issued Checks) 12,184 Credit - #11 5310 375, Microfilming $15,000 #11 5310 423, Office Equipment 6,949 #11 5335 530, AFDC (Co. Issued Checks 80,000 l.,1 #11 5344 100, CHORE - Sa!. & Wage 5,996 #11 5344 2l0, CHORE - FICA 421 #11 5357 530, Carolina Power & Light Energy Asst. Program 7,090 I Approval of RSVP 1985/86 Budget The Commissioners authorized the County Manager to enter into the ACTION contract for 1985/86 contingent upon final approval by the Commissioners of the 1985/86 Budget Resolution. A copy of the ACTION contract is on file in the County Manager's Office. 804 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Contract for Consultant Services - Consolidation Study Commission The Commissioners approved a contract between the University of North Carolina at Wilmington and the Office of Governmental Units, Consolidation Study Commission of New Hanover County for consultant services in the amount of $4,040.97. A copy of the contract is on file in the County Manager's Office. Approval of Budget Amendment - Steam Plant - Engineering Department The Commissioners approved the following Budget Amendment in the amount of $85,000 to pay County's cost for placing ash in the Landfill: Debit - #71 3471 412, Tipping Fee Revenue Credit - #71 4720 377, Landfill Expenses $85,000 $85,000 Approval of Budget Amendment - Finance Dept. The Commissioners approved the following Budget Amendment in the amount of $7,610 to adjust budget for overtime required for conversion of accounting system and new forms required: Debit - #11 9800 911, Contingencies $7,610 Credit - #11 4131 100, Salaries & Wages $3,425 #11 4131 210, FICA 260 #11 4131 221, Retirement - LGERS 290 #11 4133 100, Salaries & Wages 975 #11 4133 210, FICA 75 #11 4133 221, Retirement - LGERS 85 #11 4131 410, Printing 2,500 Approval of Budget Amendment - Board of Elections The Commissioners approved the following Budget Amendment in the amount of $6,900 for City Bond Referendum not budgeted in FY 1984/85. The City of Wilmington will reimburse costs incurred plus rent for voting machines and payment to technicians for programming and delivering machines. Debit - #11 3411 310, Revenue $6,900 Credit - #11 4170 100, Salaries & Wages $ 600 #11 4170 326, Professional Services 5,200 #11 4170 351, Building Rent 150 #11 4170 360, Advertising 200 #11 4170 411, Printing 450 #11 4170 380, Communications Expense 300 Approval of Budget Amendment - Health Dept. - Katie Beckett '.' The Commissioners approved the following Budget Amendment in the amount of $36,627 to establish separate budget accounts for Katie Beckett/Medicaid Waiver for Home Health patients.. These funds will be totally reimbursed by Medicaid. Debit - #11 3516 381, Katie Beckett/Medicaid Revenue $36,627 Credit - #11 5177 326, Professional Services $34,000 #11 5177 411, Printing 50 #11 5177 421, Departmental Supplies 945 #11 5177 370, Contracted Services 1,200 #11 5177 381, Telephone 432 "- 805 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) APPROVAL OF REGULAR AGENDA (CONTINUED) Budget Amendments Approved by County Manager The following Budget Amendments were approved by the County Manager and are being reported for entry into the record: I Engineering - Agricultural Ext. Building - Change Order P-l and G-l Debit - #32 9800 911, Contingencies $3,408 Credi.t. '-, #32 4701 622, Plumbing $2,422 #32 4701 620, Construction 986 Courthouse Renovation/Engineering - Change Order 13 Debit - #51 4700 911, Contingencies $ 600 Credit - #51 4700 620, Construction $ 600 Steam Plant/Engineering - Treatment Plant Spare Parts Debit - #71 4720 911, Contingencies $30,000 - #71 4720 340, Utilities-Electric 20,000 Credit - #71 4720 392, M & R Ecfuipme"nt $49,750 - #71 4720 510, Auto Allowance 250 Approval of Title III Grant Applications - Department of Aging, Health Department & Department of Social Services I The Commissioners authorized the Chairman to execute the proposal and all necessary application forms for the Title III Grant applications. A copy of the Grant Proposals is on file in the County Manager's Office. Approval of Talbert, Cox & Associates, Inc. WA 85-4 - Repair of Drainage Structures - Airport . i -. t1 ,., The Commissioners approved Work Authorization 85-4 in the amount of $1,208 for repair of drainage structures adjacent to Taxiway "H" at the Airport. ABATEMENT OF TAX PENALTY - BABCOX & WILCOX After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to abate the penalty imposed for understatement of inventory for the year 1984, in the amount of $3,642.33 for Babcox & Wilcox. PUBLIC HEARING Notice had been given that a Public Hearing.would be held by the Board of County Commissioners of New Hanover County on Monday, March 11, 1985, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, Wilmington, North Carolina. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY LOCATED ADJACENT TO THE INTERCOASTAL WATERWAY AND EAST OF TURTLE HALL SUBDIVISION, TOTAL TRACT CONTAINING APPROXIMATELY 41 ACRES FOR A COMMERCIAL MARINA \ Planning Director Hayes and Planner Avery presented a slide presentation of the property involved and gave background information for the issuance of the Special Use Permit. The Planning Director listed the following possible conditions that may be imposed: 1. Identify type and kind of marine services to be provided, if any such as retail sales of fuel repairs, food, boats, engines, moorings, slip rentals, etc. 806 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR A COMMERCIAL MARINA - TURTLE HALL (CONTINUED) 2. Require any amount of landscaping or buffering. 3. --~imit amount of parking on island, if any. Paving? 4. Restrict the ownership and use of slips to immediate neighborhood (Towles ~oad and Turtle Hall) to reduce the amount ofr~utside traffic. 5. Restrict any launching by ramp or lift. 6. Restrict any dry storage or repair or cleaning of boats on the island. 7. Limit number of boat slips on the island to reduce size and impact of facility. 8. No sewage or refuse disposal shall occur on the island. Chairman O'Neal asked anyone present wishing to give testimony to step forward to be duly sworn in. The following persons were sworn in: Ms. Virginia Reich Mr. John H. Allen, the Petitioner Mr. Mike Vaughan Mr. Robert Herbst Mr. Michael Garner Mr. Joe Rogers Mr. Alvin Rogers Mr. Alton Lennon Mr. Joseph Hill Mr. David Stevens Mr. David K. Raynor Mr. Chris McKeithan Mr. Julian Greenwood Mr. Allen Thomas Ms. Bridgette Thomas Mr. John Pace Ms. Betty Towles Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following persons commented: Mr. John Allen, the petitioner and partner of Phoenix Associates, presented aerial photographs and gave background information on the request stating the reason for requesting a Special Use Permit for a commercial marina was to enable his company to have the right to sell the slips. He stated his company had no intention of operating a full"service marina. Planning Director Hayes asked Mr. Allen if he was satisfied with the presentation by the Planning Board and statements made with reference to the request. Mr. Allen stated he concurred with the facts as presented. Ms. Virginia Reich commented on the development of waterfront property stating this was a well-planned community and would be beneficial to the adjacent property owners as well as the citizens of the County. , , ~- . , . .~ Mr. Chris McKeithan, a property owner, commented on the proposed community stating the citizens of Turtle Hall were pleased with the --proposed marina requesting placement of suggested conditions by the Planning Staff. Commissioner Dolan commented on the narrow access road expressing concern for usage by emergency vehicles. ...... 807 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT - TURTLE HALL - COMMERCIAL MARINA (CONTINUED) I Mr. Auley Crouch, attorney representing the Turtle Hall property owners, presented a petition signed by property owners, stating the these property owners were satisfied with the options presented by the developer with reference to the slip-purchase option and traffic safety. Mr. Alton Lennon, representing property owners of Towles Road, requested cross-examination of the petitioner. Mr. Lennon asked for clarification of Section 71-1.3 of the Zoning Ordinance with reference to CAMA permits and requested consideration of the developer to limit the sales of slips for a year to residents of Turtle Hall, new owners of townhouses, residents of Towles Road and Shinn Point. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented expressing concern for boat slips being sold to outsiders, not residents of the Turtle Hall area, and the amount of traffic generated by the development: Mr. Billy Towles Mr. Bob Herbst Mr. Joseph Rogers Mr. Mike Vaughan Mr. John Pace I Chairman O'Neal expressed concern for no public access and Commissioner Dolan, again, stressed the importance of the access road as a safety hazard for emergency vehicles. Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to close the Public Hearing. Upon vote the MOTION CARRIED UNANIMOUSLY. After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to issue the Special Use Permit with the following conditions. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Shields Commissioner Retchin Voting Noe: Commissioner Dolan Chairman O'Neal ORDER GRANTING A SPECIAL USE PERMIT I The County Commissioners for New Hanover County having held a Publi.c Hearing on Monday, March 11, 1985, to consider application number S-237 3/85 submitted by Phoenix Associates, a request for a special Use Permit to use the property located east of Turtle Hall Subdivision and adjacent to the Intercoastal Waterway for a commercial Marina, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-31 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and 808 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR COMMERCIAL MARINA - TURTLE HALL (CONTINUED) developed according to the plan'as' submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. No evidence presented to indicate the facility would materially endanger the public health or safety. No retail sales or gasoline sales were proposed. b. The Commercial Marina was no greater threat to public health than a Community Boating Facility which is permitted as of right in residential zoning districts. The Commercial Marina proposed, coupled with specific perform- ance conditions made it less intensive in use than a Community Boating Facility. . r, I 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The proposed use meets all required conditions and specifications of the Zoning Ordinance and will be subject to other conditions noted below as well as other applicable permits, namely Coastal Area Management Regulations and Corps of Engineers restrictions. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: a. There was no evidence indicating a potential threat to the value of adjoining or abutting property. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The proposed use is permitted as a special use in the R-20 Zoning District as provided in the New Hanover County Zoning Ordinance. The use is within the range of permissible uses. b. Land Use Policies would not be compromised and said use is within the general policy direction of the Land Use Plan. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a Special Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Special Use Permit be GRANTED, subject to the following conditions: 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. '- 809 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR COMMERCIAL MARINA - TURTLE HALL (CONTINUED) 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. I c. I Other 1. -Compliance with all other Federal, State and local regulations. There can be no dry storage and on-site repair. There can be no boat ramp or launching facilities. A manned guard house should be the entrance to Turtle Hall. services shall be prodived by Homeowner's Association. 5. The number of boat slips shall be limited to the existing basin - 35 slips total. Project shall be required to connect to the County Sewer System within 60 days of its availability. There can be no sale of retail related items, including but not limited to food, marina supplies and gasoline. A boat owners slip association must be formed. The sale of slips shall be limited to the property owners of Turtle Hall and Turtle Cay, a proposed development. After complete construction of the project the sale of slips shall be offered to the above parties for ninety days. Sales to outside property owners may be allowed provided the slip in question has been offered first to the slip association for a period up to 90 days. 2. 3. 4. provided at The guard developer or 6. 7. 8. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET, 1650 FEET SOUTH OF THE ENTRANCE TO BAYSHORE ESTATES, ENCOMPASSING APPROXIMATELY 9 ACRES FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes ~nd Planner Avery presented slides and background information on the rezoning request stating the Planning Staff and Planning Board recommended denial since the County's desire is to minimize strip commercial development. Chairman O'Neal expressed concern about access roads on highways and the traffic hazards created by residental units built in clustered districts with limited access. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: I Mr. Louis Poisson, Attorney representing the petitioners, gave background information on the request stating the adjacent property owners were in agreement with the rezoning request asking consideration of the Board for approval. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Bar~ield to approve the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: 810 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET, 1650 FEET SOUTH OF THE ENTRANCE TO BAYSHORE ESTATES, ENCOMPASSING APPROXIMATELY 9 ACRES FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (CONTINUED) Voting Aye: Commissioner Barfield Commissioner Dolan Commissioner O'Shields Commissioner Retchin Voting Noe: Chairman O'Neal Chairman O'Neal requested for entry into record his vote against the rezoning request was due to the recommendations of the Planning Board and Planning Staff to discourage strip development. A copy of the Ordinance is contained in Zoning Ordinance Book I, Section 8-B, Page 18. PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY LOCATED BETWEEN EASTWOOD ROAD AND ORIOLE DRIVE ENCOMPASSING APPROXIMATELY 32 ACRES FROM R-15 to R-20 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes and Planner Avery gave a film presentation and background information on the rezoning request. Planning Director Hayes stated the site had only marginal means of ingress and egress with no major thoroughfares, minor arterials or collectors traversing through the property; therefore, the Planning Staff recommended denial. He stated once a viable commitment to construct roads as planned by the Thoroughfare Plan the rezoning request in this area could be reconsidered. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Jim Teachey~_a realtor representing the property owners, gave background information on the modification and reduction of property for the rezoning request to B-2 stating the southeast side would be used as a buffer area. He requested consideration in granting the rezoning request since much of the surrounding property was zoned B-2. Mr. Teachey also stated Mr. Trask had agreed to give a 60 foot right-of-way across his property which is located behind Oriole Drive. Commissioner Barfield expressed concern for the rezoning modification not stopping at Lexington Road. He also expressed concern for the Raccine Thoroughfare being so close to Dixon Acres. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. The following persons commented: Mr. Jim Lea, Attorney representing the College Acres Homeowners Association, expressed concern for the fact that Mr. Teachey, approximately one month ago, made a commitment when Clean Run easement was closed to give the right-of-way through Mr. Trask's property with no contingencies. Now he is stating he will give the right-of-way if the request is approved stressing the unfairness of this request to the residents of College Acres. Mr. George Trobough commented on the disaster of the area by the density development now occurring asking for consideration of the safety of the children in Collge Acres by denial of this request. Mr. Bernie Bentley commented on the modification of the rezoning request expressing concern for such a change. Mr. Wes French expressed concern for allowing the rezoning and what would eventually happen to the remaining 34 acres. ~ 811 MINUTES TO REGULAR MEETING, MARCH 11, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY LOCATED BETWEEN EASTWOOD ROAD AND ORIOLE DRIVE ENCOMPASSING APPROXIMATELY 32 ACRES FROM R-15 AND R-20 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (CONTINUED) Mr. John Maye commented on the placement of the access road being too near his property. I Mr. Bill Herman commented on the economic justification for the rezoning stating there would be none. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to deny the rezoning request. Commissioner 0' Shields made a SUBSTITUTE MOTION to approve the rezoning request as modified. The SUBSTITUTE MOTION failed due to not receiving a SECOND. Upon vote, the original MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Dolan Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner O'Shields PUBLIC HEARING TO CONSIDER AN APPEAL FROM REZONING PROPERTY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET, 710 FEET SOUTH OF STATION ROAD CONTAINING 1.5 ACRES FROM R-15 TO B-2 HIGHWAY BUSINESS Planning Director Hayes gave background information on the request stating the petitioner had agreed to a 100 foot buffer which was adequate. I Chairman O'Neal asked if anyone present wished to speak on the rezoning request. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the rezoning request as presented. 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. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972" is contained in Zoning Ordinance Book I, Section 6, Page 27. ADOPTION OF ORDINANCE PROTECTING MASONBORO ISLAND FROM OFF-ROAD VEHICLES Commissioner O'Shields expressed concern for denying access to fishermen on Masonboro Island stating a permit could be required for vehicles to be used on the Island. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the ordinance protecting Masonboro Island from off-road vehicles. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the ordinance is on file in the Clerk's office for codification into the New Hanover County Code. ADOPTION OF ORDINANCE AMENDING SECTION 5-132 - BOARD OF EXAMINERS OF ELECTRICIANS Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt an Ordinance amending Section 5-132 of the Board of Examiners of Electricians. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is on file in the Clerk's office for codification into the New Hanover County Code. .... 812 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION ENDORSING NEED FOR ESTABLISHMENT OF A NATURAL RESOURCES RESEARCH CENTER AT NORTH CAROLINA STATE UNIVERSITY Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to adopt a resolution endorsing the establishment of a Natural Resources Research Center at North Carolina State University. A copy of the resolution is contained in-Exhibit Book XII, Page 44. COMMISSIONER RETCHIN TO BE ABSENT AT MARCH 18, 1985 BOARD MEETING Commissioner Retchin stated he would be unable to attend the March 18 meeting of the New Hanover County Board of Commissioners due to a prior commitment. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF BUDGET AMENDMENT - HEALTH-RISK REDUCTION/ACCIDENT PREVENTION - HEALTH DEPARTMENT Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the following Budget Amendment in the amount of $4,000 for the Risk -Reduction/Accident Prevention Program: Debit #11 3159 371, Revenue/Risk Reduction/ Accident Prevention Salaries FICA Retirement Group Insurance Printing Department Supplies Auto Allowance ' Travel, Meetings & Schools $4,000 $1,434 108 120 75 197 1,266 300 500 Credit- #110 5180 1000, #110 5180 2100, #110 5180 2210, #110 5180 2300, #110 5180 4110, #110 5180 4210, #110 5180 5100, #110 5180 5200, APPROVAL OF APPLICATION TO HUD FOR FUNDING GRANT - HUMAN RELATIONS DEPARTMENT After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the Chairman to execute a grant application for funding grants from the HUD Fair Housing Assistance Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR COUNTY MANAGER TO REPLY TO NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS SUPPORTING PROPOSAL TO ALLOW COUNTIES TO PURCHASE HIGHWAY RIGHTS-OF-WAY FOR FUTURE PLANNED THOROUGHFARES After discussion, it was the consensus of the Board to authori ze the County Manager to wri te the North Carolina Association of County Commissioners to support their proposal to allow counties to purchase highway rights-of-way for future planned thoroughfares. DISCUSSION OF ESTABLISHING MINIMUM HOUSING CODE FOR NEW HANOVER COUNTY After discussion, it was the consensus of the Commissioners to have the Legal Department to prepare a Minimum Housing Code for New Hanover County to be presented for adoption at a future meeting. DISCUSSION OF 90-DAY NOTIFICATION TO VISION CABLE WHEN EXERCISING OPTION TO IMPLEMENT CURRENT 5% FRANCHISE FEE County Manager Cooper stated he had been contacted by Vision Cable TV requesting a 90-day notification if the County should exercise the option to increase the franchise fee to 5%. After discussion, it was the consensus of the Board to authorize the County Manager to give a 90-day notification if the County implements its option to increase the franchise fee to 5%. '-- 813 MINUTES OF REGULAR MEETING, MARCH 11, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER (CONTINUED) I AUTHORIZATION FOR COUNTY ATTORNEY TO ENTER INTO AGREEMENT WITH CONTINENTAL INSURANCE COMPANY - FLEMINGTONLANDFILL - EPA LAWSUIT After discussion, it was the consensus of the Board to authorize the County Attorney to finalize the Flemington Landfill - EPA Lawsuit entering into agreement with Continental Insurance Company for defense of New Hanover County. ADJOURNMENT Commissioner to adjourn the UNANIMOUSLY. Retchin MOVED, SECONDED by Commissioner Dolan meeting. Upon vote, the MOTION CARRIED Chairman O'Neal adjourned the meeting at 12:20 o'clock P.M. Respectfully submitted, ~V::~ Clerk I MINUTES OF SPECIAL MEETING WITH RESCUE SQUADS, MARCH 15, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session jointly with the New Hanover County Rescue Squads on Friday, March 15, 1985, at 8:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commiss ioners John Dolan; Fred Retchin; Claud 0' Shields, Jr.; Vice-Chairman Jonathan Barfield; 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. PRESENTATION OF EMERGENCY MEDICAL TECHNICIANS DEFIBRILLATION PROGRAMS Mr. Richard F. Carter, President of the National Pacemaker Foundation, gave a presentation on the Emergency Medical Technicians Defibrillation Program emphasizing the loss of lives in New Hanover County due to not providing improved cardic care. Mr. Carter introduced the following members of the medical community who commented on the importance of upgrading the level of care: .....