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1985-05-06 Regular Meeting 848 MINUTES OF REGULAR MEETING, MAY 6, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 6, 1985, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners John Dolan~ Claud O'Shields, Jr.~ Fred Retchin~ Chairman O'Neal~ County Manager, Felix Cooper~ Assistant County Manager, Mary Gornto~ County Attorney, Robert W. Pope~ and Clerk to the Board, Lucie F. Harrell. Commissioner Jonathan Barfield, Sr. was absent due to being out-of-town. Reverend Robert Rudd, Pastor of Sunset Park United Methodist Church, gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Special Meeting of April 1, 1985, as presented and the minutes of the Regular Meeting of April 1, 1985, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. The following person commented. Mr. Mike Vaughan stated he had not received a reply as to whether a policy had been established by the County Staff with reference to running sewer lines to individual owners who were quite some distance from the main line. County Manager Cooper stated meetings had been held with no policy being established to cover the various problems and individual situations that could occur. He stated he would recommend to the Commissioners, in the near future, a procedure whereby the County Staff would make a decision on each individual request and if the property owner was not satisifed, the case could be appealed to the Commissioners for a final decision. Mr. Vaughan commented on the decision made by the Court in the Caneel Cove hearing requesting an explanation of the County's Legal Staff in preventing testimony in this case. After further discussion, Chairman O'Neal stated he would give Mr. Vaughan a written explanation. APPROVAL OF CONSENT AGENDA Commissioner Dolan requested Item #8, Budget Amendment for Consolidation Study Commission Travel, be removed from the Consent Agenda for discussion and action. Commissioner Dolan expressed concern for approving an expenditure of $10,000 for members of the Consolidation Study Commission to travel to various consolidated communities stating he felt this was not a wise use of the taxpayers money. He stated most of the information could be obtained by telephone or writing. ~ .... 849 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) After SECONDED Amendment CARRIED AS further discussion, Commissioner Retchin MOVED, by Commissioner 0' Shields to approve the Budget in the amount of $10,000. Upon vote, the MOTION FOLLOWS: I Voting Aye: Commissioner O'Shields Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner Dolan Absent: Commissioner Barfield After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield CONSENT AGENDA I Approval of Proclamation Proclaiming Tourism Week in New Hanover County The Commissioners approved a proclamation proclaiming the week of May 19-25, 1985, as TOURISM WEEK in New Hanover County. A copy of the proclamation is contained in Exhibit Book XII, Page 50. Approval of Request for Sewer Allocation - Myrtle Grove Baptist Church The Commissioners approved the transfer of 1,000 gallons of the Arab Shrine Club's sewer allocation to Myrtle Grove Baptist Church. Approval of Destruction of Records - New Hanover County Library The Commissioners approved the destruction of records as requested by the New Hanover County Library. A copy of the list is on file in the Clerk's office. Approval of Work Authorization - HNTB General Consulting Services - New Hanover County Airport The Commissioners approved a work authorization not to exceed $12,000 for general consulting services for preparation of an executive summary to elicit action from corporate officers who may have an interest in the new terminal complex or the Industrial Airpark. I A copy of the Work Authorization is on file at the Airport. Approval of Environmental Risk Assessment Survey Agreement Between St. Paul Risk Services, Inc. and New Hanover County- Engineering Department The Commissioners authorized the Chairman to execute a contract between New Hanover County and St. Paul Risk Services, Inc. in the amount of $4,500 for a landfill survey as applicable to North Carolina State Law. A copy of the contract is on file in the County Manager's office. ..... 850 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Request for Terminal Modifications in Public Areas for Air Virginia Service The Commissioners authorized the County Manager to execute a contract to accomplish public area work in the amount of $6,700 in order to support Air Virginia Service and expedite this project. Approval of TCA Work Authorization 85-l2-Airport Master Plan Revision The Commissioners approved TCA Work Authorization 85-12 in the amount of $5,000 for updating the New Hanover County Airport Master Plan. Approval of Budget Amendment - Land, Water Conservation Fund Grant - Parks & Recreation The Commissioners approved the following Budget Amendment in the amount of $15,000 for Land, Water Conservation Fund Grant: 85-289 - Parks & Recreation - Funds for Parkwood Recreation Project Land, Water Conservation Fund Grant Capital Outlay Debit Credit $15,000 $15,000 Approval of Budget Amendment - Data Processing The Commissioners approved the following Budget Amendment in the amount of $95,000 for accounting purposes: 306 - Data Processing - remaining cost of financial system software package approved in November 1984. Debit Credit Ad Valorem Taxes - Current Contracted Services $95,000 $95,000 Approval of Budget Amendment - Social Services The Commissioners approved the following Budget Amendment for programmatic account adjustments, administrative account adjustments, and additional allocations: Credit Debit Department of Social Services 85-309 Professional Services Legal Fees M&R - Equipment Auto Expense Janitorial Services Postage Reimburse for County Welfare Utilities - Electricity - Water and sewer Advertising Pest Control Postage Duplicating & Copying Department Supplies Travel, Meetings & Schools $2,490 2,300 9,245 3,000 3,565 1,900 4,020 $6,500 2,000 250 350 1,900 1,500 6,020 8,000 85-308 State Adult Day Care Day Care Adult Day care Child Day Care $ 5,185 35,047 $ 5,185 35,047 ~ 851 MINUITES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Social Services (continued) 85-310 Capital Outlay Assistance Payments AFDC - County Issued AFDC - State Issued Special Foster Care State Foster Home Fund Supplement FC-Clothing Utilities Assistance Payments AFDC - County Issued AFDC Foster Care FC - Miscellaneous $ 1,650 30,000 59,339 10,661 2,500 10,000 3,000 2,000 I $ 650 30,000 70,000 15,000 2,500 Programmatic Account Adjustments Approval of Budget Amendment - Airport The Commissioners approved the following Budget Amendment in the amount of $9,266 to accommodate bid over estimated costs for New Terminal Site Preparation: Debit Credit I 85-319 - Airport AIP-02 New Term Site Prep. FAA Grant $8,340 NCDOT Grant 463 Transfer from Airport 463 Survey Approval of Budget Amendment - Governing Body $9,266 The Commissioners approved the following Budget Amendment to cover additional travel needs for the current fiscal year and reimbursement of the Professional Services account: Debit Credit 85-327 - Governing Body Contingencies Professional Services $10,000 $10,000 85-326 - Governing Body I Contingencies Printing Telephone Travel, Meetings & Schools Communications Supplies 4,000 1,000 1,000 $4,000 1,000 1,000 Budget Amendments Approved by County Manager The following Budget Amendments have been approved by the County Manager and are being entered into the record: 85-282 - County Manager Debit Credit Travel, Meetings & Schools Contingencies $2,500 $2,500 ... 852 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) 317 - Governing Body - Additional Travel Funds Contingencies Travel Debit $2,500 Credit $2,500 85-285 Aging Services - To Purchase Concrete for Shuffleboard Court Department Supplies Miscellaneous Revenue Debit $450 Credit $450 294 -Emergency Medical Services - Additional funds for Travel Contingencies Travel Debit $450 Credit $450 Marine Expo 1985 Contingencies Contribution to City for Marine Expo 1985 Approved at Board Meeting Debit $15,000 Credit $15,000 of 11/19/84. 85-333 Health - Family Planning - Additional Money received from Planning Program - N. C. Division of Health Services Debit Credit Family Planning Travel $300 $300 304 - Clerk of Court Time Lapse in Receiving State A/R back to apply against charges Debit Credit Contingencies Telephone $2,000 $2,000 PRESENTATION OF RETIREMENT PLAQUE TO MRS. MYRNA B. HENDERSON Chairman O'Neal, on behalf of the County Commissioners, presented a retirement plaque to Mrs. Myrna B. Henderson in recognition of 16 years and 9 months of service to New Hanover County as Librarian II. He wished her health and happiness in her retirement years. PRESENTATION OF HNTB - DESIGN DEVELOPMENT PHASE OF TERMINAL COMPLEX Mr. Joe Grogan, Project Architect for HNTB, presented schematic drawings as requested at the April 15 meeting. He requested comments from the Commissioners with reference to the design of the building and materials to be used. Commissioner 0' Shields stated the architecture should represent historical Wilmington and recommended some changes in the exterior design. After a lengthy discussion, it was the consensus of the Board to request HNTB to work with the design of the building and bring back sketches reflecting the changes discussed. DISCUSSION OF 1985/86 BUDGETARY PROCESS BY COUNTY MANAGER County Manager Cooper gave a brief presentation on the Budgetary Process stating he had scheduled outside agencies to appear before the Commissioners with their budget requests and ~ 853 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) DISCUSSION OF 1985/86 BUDGETARY PROCESS (CONTINUED) that he had not asked County Department Heads to be present unless they had a specific problem to discuss. He stated that Finance Director, Andy Atkinson~ Budget Officer, Cam McAbee~ Personnel Director, Andre' Mallette~ and he had held budget hearings with each Department Head resolving most issues. I County Manager Cooper explained that Budget Books would be forwarded to each Commissioner reflecting the requested amount by each department and outside agency and the recommended amount for approval by the County Manager after budget hearings. He stated the tentative dates for outside agencies to appear before the Commissioners were as follows: Tuesday, May 21, 8:30 - 5:00 P.M.~ Wednesday, May 22, 8:30 - 5:00 P.M.~ Thursday, 7:00 P.M.~ and Friday, May 24, if necessary to complete the budget hearings. DISCUSSION OF BLUE CROSS BLUE SHIELD HOSPITAL PROPOSAL FOR THE 1985/86 FISCAL YEAR Personnel Director, Andre' Mallette, gave background information on the Blue Cross Blue Shield proposal for the 1985/86 fiscal year stating the following adjustments are proposed which are a significant improvement over last year's proposal. (1) The yearly deductible will be reduced from $300 to $100 I (2) The employee's share of monthly premiums will be reduced to: (a) $6.00 - Individual Rate (old rate - $13.21) (b) $17.00 - Parent/Child Rate (old rate - $35.38) (c) $29.13 - Family Rate (old rate - $58.63) (3) Pre-admission Certification Program - a feature of the new plan to provide for pre-admission screening by BCBS in an effort to control unnecessary hospital charges. After discussion of the new plan, Commissioner Retchin / MOVED, SECONDED by Commissioner O'Shields to adopt the proposed hospitalization plan. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield I DISCUSSION OF PAY PLAN FOR 1985/86 FISCAL YEAR Personnel Director Mallette gave background information on the pay plan stating no cost of living raise had been propqsed for the 1985/86 fiscal year, but that 2 1/2% to 5% merit increases had been included in the budget for eligible employees with a favorable performance evaluation. He stated an eligible employee was one who had not reached the maximum step of their range. He stated merit increases for department heads limited to 5% upon completion of a satisfactory performance evaluation had been included in the 1985/86 Budget. Commissioner Dolan questioned how many non-supervisory employees received raises vs department heads and at what percentage. Personnel Director Mallette stated he woutd furnish these figures to Commissioner Dolan. ..... 854 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) ADOPTION OF RESOLUTION TO FILE APPLICATION TO N. C. LOCAL GOVERNMENT COMMISSION FOR ISSUANCE OF GENERAL OBLIGATION BONDS FOR CONSTRUCTION OF SOCIAL SERVICES BUILDING After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt a resolution to file application to the N. C. Local Government Commission for issuance of general obligation bonds not to exceed $5,000,000 for construction of a Social Services Building with approval to obtain the firm of LeBoeuf, Lamb, Leiby & MacRae as Bond Counsel. 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 50. APPROVAL OF INTRODUCTION OF BOND ORDER FOR SOCIAL SERVICES BUILDING After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Introduction of the Bond Order for issuance of general obligation bonds not to exceed $5,000,000 for construction of the Social Services Building. 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 50. PUBLIC HEARING Notice was given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on Monday, May 6, 1985, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: BREAK Chairman O'Neal recessed the meeting for a break from 8: 35 o'clock P.M. to 8:50 o'clock P.M. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE NORTH SIDE OF NORTH KERR AVENUE, 400 FEET EAST OF CASTLE HAYNE ROAD, ENCOMPASSING 31,363 SQUARE FEET FROM AR AIRPORT RESIDENTIAL TO B- 1 NEIGHBORHOOD BUSINESS Planning Director Hayes gave background information on the rezoning request stating the Planning Board unanimously recommended approval of the petition stating the request adhered to the Land Use Plan Policies for commercial expansion. Chairman O'Neal asked if anyone present wished to speak in favor of the request. The following person commented: Mr. Obbie Battle, the petitioner, stated he circulated a petition in his neighborhood and there was no opposition to the rezoning request. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. ~ 855 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE NORTH SIDE OF NORTH KERR AVENUE FROM AR AIRPORT RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the rezoning request from AR Airport Residential to B-1. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA AIRPORT, OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971," is contained in Zoning Book I, Airport, Page 4. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO ARTICLE VII, SECTION A OF THE SUBDIVISION REGULATIONS, CERTIFICATE OF OWNERSHIP, DEDICATION AND JURISDICTION BY ADDING: nALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSESn Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment which was initiated jointly. by the Planning Staff and Engineering Departments. He stated approval of the Text Amendment would enable the County to use all private, public roads and drainage easements in new subdivisions for public utility purposes. I Chairman O'Neal asked if anyone present wished to speak in favor of the Text Amendment. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition of the Text Amendment. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Zoning Ordinance Text Amendment. 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 "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969," is contained in Exhibit Book XIII, Page 1. I PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTION 50-2, TABLE OF PERMITTED USES BY ADDING MOBILE HOME SALES AS A PERMITTED USE IN THE AIRPORT INDUSTRIAL DISTRICT Planning Director Hayes gave background information on the petitioner's request to include mobile homes sales to ~he list of permitted uses in the AI Airport Industrial District. He stated the Planning Board unanimously recommended approval, noting the variety of retail activities allowed in the AI District. Chairman O'Neal asked if anyone present wished to speak in favor of the Text Amendment. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. -olll 856 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ZONING TEXT AMENDMENT TO ARTICLE V, SECTION 50-2 (CONTINUED) After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Zoning Ordinance Text Amendment. 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 "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XIII, Page 2. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT RECOMMENDING APPROVAL OF LANDSCAPING STANDARDS, SECTION 67, AND RELATED SECTION OF THE ZONING ORDINANCE TO BE AMENDED TO INCLUDE TREE RETENTION, BUFFERING, LANDSCAPING FOR PARKING LOTS, MAINTENANCE AND ENFORCEMENT Planning Director Hayes gave background information on the Text Amendment recommending approval of landscaping standards stating the main purpose of the amendment was to: (1) maintain the visual character of the community~ (2) screen objectional views within and between uses~ (3) define functional exterior spaces~ (4) reduce glare into and from the site~ (5) reduce dust and other pollutants suspended in the air~ (6) control noise and provide acoustical modification into and from the site ~ (7) influence of wind patterns and their effects upon proposed uses~ (8) contain odors and minimize their passage into and from the site~ (9) control the direction and velocity of surface water runoff ~ (10) minimize soil erosion~ (11) moderate interior and exterior temperatures by controlling solar radiation on buildings and paved surfaces~ and (12) maintain the esthetic quality of property and enchances its value. r Planning Director Hayes stated that in order to meet these functions, landscaping should be required for (1) buffering ad joining and competing land uses ~ (2) landscaping parking lots with five or more parking spaces or those areas 2,500 square feet or more devoted for vehicular use ~ and (3) retaining existing trees on commercial, office and institutional and industrial developments that will disturb one acre or more. Commissioner O'Shields expressed concern for 67-3.(B)2.3. "All trees on the site greater than 18" diameter at 4.5 feet above ground shall be preserved to the greatest extent practical and incorporated into required landscaping. These trees shall be inventoried as part of the landscape land, in accordance with Section 67-8. If any of these trees are to be cleared from the site, reasons for doing so shall be clearly stated on the landscape plan." He stated these requirements on a 20 acre tract were not practical for the owners of the property, particularly the inventory of trees when submitting the plan asking who would determine the suitable reason for removal of a tree. He stated the County for years had stressed that ordinances were "minimums" and encouraged builders and developers to exceed them. He also expressed concern for the workload placed on the County Building Inspector who could end of becoming the designer of site plans. r Planner Dave Weaver commented on the fact that this ordinance only applied to commercial and industrial uses. After a lengthy discussion, Commissioner O'Shields MOVED to send the landscaping ordinace back to the Planning Department for '--- 857 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT RECOMMENDING APPROVAL OF LANDSCAPING STANDARDS (CONTINUED) further study and revision of the landscaping requirements for buffering of parking lots and inventory of trees for presentation at another meeting. The MOTION FAILED due to not receiving a SECOND. I After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to accept the Zoning Ordinance Text Amendment recommending approval of Landscaping Standards as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner O'Shields Absent: Commissioner Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOER 6, 1969," is contained in Exhibit Book XIII, Page 3. PUBLIC HEARING CONTINUED TO JUNE 3, 1985 TO CONSIDER AN APPEAL TO REZONE .39 ACRES LOCATED AT SOUTHWEST CORNER OF STOKLEY ROAD AND WRIGHTSVILLE AVENUE FROM 0 & I OFFICE AND INSTITUTIONAL TO B-1 NEIGHBORHOOD BUSINESS Mr. James Smith, Attorney for William F. Canady, requested continuance of this item to June 6, 1985. I Chairman O'Neal asked if anyone present objected to continuance of this item. No one commented. After discussion, it was the consensus of the Board to continue this item to June 3, 1985. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF CHAIR ROAD, 650 FEET EAST OF CHAIR ROAD'S TERMINUS Planning Director Hayes gave background information on the Special Use Permit request stating the four general requirements had been met. Chairman O'Neal asked anyone present wishing to give testimony to step forward to be duly sworn in. The following person was sworn in: o Mr. Lennan Miles, the petitioner Chairman O'Neal asked if anyone present wished to speak in favor of issuing the Special Use Permit. The following person commented: I Mr. Miles stated he had purchased the property to place the Mobile Home on the lot stating he concurred with the facts as presented by the Planning Department. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. No one commented. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit as requested. Upon vote, the MOTION CARRIED AS FOLLOWS: -oli 858 '\:: MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON CHAIR ROAD (CONTINUED) Voting Aye: Commissioner Dolan Commissioner O'Shields Commisisoner Retchin Chairman O'Neal Absent: Commissioner Barfield A copy of the Special Use Permit is contained in SUP Book I, Page 4. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT MODIFYING S-166 4/76 TO ALLOW FOR AN EXPANSION OF PARKING AND BOAT STORAGE FACILITIES FOR CAROLINA INLET MARINA. PROPERTY LOCATED NORTH OF AND CONTIGUOUS TO THE MARINA Planning Director Hayes gave background information on the expanded Commercial Marina Operation for parking and boat storage stating the general requirements had been met. He also gave an explanation of conditions recommended by the Planning Staff. Chairman O'Neal asked anyone wishing to give testimony in favor of or in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: Mr. Francis McGowan Mr. Jack Hinton Ms. Joyce Hinton Dr. Neil Musselwhite Ms. Sandy McGowan Mr. Phil Byrnes Mr. John P. Williams Mr. Joe Williams Mr. Oliver Simon Mr. Chuck Paul r Chairman O'Neal asked if anyone present wished to speak in favor of the Special Use Permit modification. The following persons commented: Mr. Phil Byrnes, representing Carolina Inlet Marina, commented on the existing marina and proposed expansion of ground storage and parking facility stating he would gladly place some form of buffer or barrier to any adjacent property. He stated he felt the four general requirements had been met and concurred with the statements presented by the Planning Staff. Commissioner Dolan commented on the original Special Use Permi t and expansion of the boat basin questioning if approval was given in the permit for the enlargement of the basin which is currently in existence. After a period of consensus of the Board review the expansion of back to Commissioners. questions and answers, it was the to request the Planning Department to the boat basin and report their findings r Mr. Charles A. Paul, Jr., an adjacent property owner, gave background information on the sale of the property involved complimenting the quality of the marina that has been constructed on the property. He requested consideration of the Board in granting the Special Use Permit. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented on the access road and the increased traffic and noise, which would create a safety hazard to adjacent property owners: "--- I II ! i I I I \f)t 859 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT - CAROLINA INLET MARINA (CONTINUED) I Mr. Francis McGowan Mr. Jack Hinton Dr. Neil Musselwhite Ms. Joyce Hinton Ms. Sandy McGowan Mr. Francis McGowan expressed concern for not being better informed on the procedures followed in Public Hearings stating he would have been better prepared if he had known. After a lengthy period of questions and answers, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to grant the Special Use Permit with the following conditions: I 1. Removal of vegetation in the expansion area should be minimized. 2. The parking lot and ground level storage area should be paved with a porous paving material or graveled. 3. Runoff to the basin should be diverted into vegetated swales or percolated on site. Other methods of retention or diversion are acceptable. 4. The buffer shall be consistent with zoning ordinance requirements. 5. Lighting should be placed so as to prevent unnecessary glare on adjoining properties. 6. Site be limited to ground storage only. 7. Marina owners provide alternate access around the site, 20 feet in width, plus be responsible for the maintenance of said access. 8. A 25 foot buffer shall be located on three sides inside the required access, plus buffering shall be provided on the marina side with controlled access to and from the storage site. 9. A six foot high chain link fence be erected along the eastern property line. 10. All other Federal, State and local regulations. 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 Special Use Permit is contained in SUP Book I, Page 4. BREAK Chairman O'Neal recessed the meeting for a break from 10:20 o'clock P.M. to 10:35 o'clock P.M. I PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO CONVERT EXISTING RESIDENTIAL STRUCTURE INTO A DUPLEX. PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF ROCKHILL AND BELT ROAD AND ENCOMPASSES 67,500 SQUARE FEET Planning Director Hayes gave background information on the issuance of the Special Use Permit stating the four general requirements had been met. Chairman O'Neal asked anyone present wishing to give testimony to step forward to be duly sworn in. The following person was sworn in: Mr. Harry Dorsey, the petitioner --" 860 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO CONVERT EXISTING RESIDENTIAL STRUCTURE INTO A DUPLEX (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Mr. Dorsey requested consideration bf the Commissioners to grant the Special Use Permit giving background information on the proposed construction of the duplex stating adjoining property owners had no objection. r Chairman O'Neal asked if anyone present wished to speak opposition to the issuance of the Special Use Permit. No one commented. After discussion, Commissioner Retchin MOVED, Commissioner Dolan to grant the Special Use Permit. the MOTION CARRIED AS FOLLOWS: SECONDE~ by Upon vote, Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield A copy of the Special Use Permit is contained in SUP Exhibit Book I, Page 4. Q PUBLIC BEARING TO CONSIDER AN APPEAL TO REZONE 2.5 ACRES LOCATED ON TEE EAST SIDE OF CAROLINA BEACH ROAD OPPOSITE GRAND CHAMPION ROAD FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS Planning Director Hayes gave background information on the appeal stating the Planning Board and Planning Staff recommended denial in order to curtail strip commercial development along U. S. Highway 421. r Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Ms. Rachel Martin, the petitioner, stated she requested the rezoning since she felt this was the best use for the property. Chairman O'Neal asked if anyone present wished to speak in opposi tion to the rezoning request. The following person commented: Mr. Donald Peterson expressed concern for B-1 zoning in a residential district requesting the Commissioners to deny the appeal and uphold the County's Land Use Plan by not allowing spot zoning. After a period of questions and answers, Commissioner Retchin MOVED, SECONDED by Commissioner O'Neal to deny the appeal to rezone this property as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: r Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield ~ 861 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE 6.69 ACRES LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD AND NEAR THE INTERSECTION OF MYRTLE GROVE ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes gave backgound information on the appeal stating the Planning Board recommended denial in order to control strip development along U. S. 421. He stated the Planning Staff recommended approval encouraging the clustering of commercial uses in well defined areas. I Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. David Lewis, Attorney representing the petitioner, Mr. G. Graham Harward, commented on the development of this area as commercial requesting approval of the rezoning since the location of the property is at an intersection. He stated he felt this was the best use of the property. Chairman O'Neal asked if anyone present wished to speak in opposi tion to the rezoning request. The following persons commented expressing concern for allowing commercial zoning in a residential district: Ms. Carrie Jones Ms. Alvenia Mims Mr. Harley Simons After discussion and a period of questions and answers, Commissioner Retchin MOVED, SECONDED by Commissioner O'Neal to deny the appeal and not rezone the property since B-2 rezoning would allow many forms of uses in a residential district. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE .39 ACRES LOCATED AT THE SOUTHWEST CORNER OF STOKLEY ROAD AND WRIGHTSVILLE AVENUE FROM 0&1 AND INSTITUTIONAL TO B-1 NEIGHBORHOOD BUSINESS Planning Director Hayes gave background information on the appeal stating the Planning Board voted unanimously to deny the request, citing a need to preserve the policy objectives of the Airlie Road Neighborhood Plan. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Harry Oakes, representing the property owner, requested consideration of the Commissioners to rezone this property simply because it was the best use for the property. He stated adjacent property owners were in favor of the rezoning. I Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to approve the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Commissioner O'Shields Chairman O'Neal Absent: Commissioner Barfield ... 862 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE .39 ACRES - STOKLEY ROAD (CONTINUED) A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is contained in Zoning Book I, Area 2, Page 16. ADDITIONAL ITEMS - COUNTY COMMISSIONERS DISCUSSION OF JOINT RESOLUTION OF CITY, COUNTY AND CHAMBER OF COMMERCE FOR ENDORSEMENT OF SMITH CREEK PARKWAY Commissioner Retchin presented a joint resolution between the City of Wilmington, Greater Wilmington Chamber of Commerce, and County supporting the construction of Smith Creek Parkway stating a meeting of the Board of Transportation was being held in Jacksonville, N. C., on May 23, 1985, for highway priorities stating all parties involved would like to present this resolution. Commissioner Dolan expressed concern for adopting the resolution stating Smith Creek Parkway is somewhat outdated recommending further study for placement of an outer loop. After discussion, Commissioner Retchin recommended changing the name of the connector to I-40, 132 feeding downtown and across the river requesting adoption of the resolution in order present it to the Department of Transportation as a priority need for New Hanover County and the City of Wilmington. After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to adopt the resolution. Upon vote the MOTION FAILED due to not receiving a majority vote: r Voting Aye: Commissioner O'Shields Commissioner Retchin Voting Noe: Commissioner Dolan Chairman O'Neal Absent: Commissioner Barfield LETTER OF APPRECIATION TO MIKE WATERS AND PERSONS INVOLVED IN PARKS & RECREATION TOUR Commissioner O'Shields requested the Chairman to write a letter of appreciation to Mike Waters and persons involved in the Parks & Recreation Tour stating the dinner was delicious. After discusssion, it was the consensus of the Board to have the Chairman to write a letter of appreciation. ADOPTION OF RESOLUTION FOR EMT-D PROGRAM Commissioner Retchin presented a resolution for adoption to be forwarded to the State of North Carolina to provide the level of certification for pre-hospital care and administration of electrical defibrillation in New Hanover County. r After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to adopt the resolution. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commisisoner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield A copy of the resolution is contained in Exhibit Book XIII, Page 4. "-- I I I I I I I I I I I I I I I I, , I 863 MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER I ADOPTION OF RESOLUTION PETITIONING THE CITY OF WILMINGTON TO ASSESS THE OWNERS OF PROPERTY ADJACENT TO SAVANNAH COURT FOR COSTS OF IMPROVEMENTS County Manager Cooper presented a resolution petitioning the City of Wilmington to assess the owners of property adjacent to Savannah Court for 100% of the cost of improvements authorizing the County Manager to take whatever steps necessary to petition the City of Wilmington to assess the County and other owners of property adjacent to Savannah Court. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt the resolution. 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 XIII, Page 5. APPROVAL OF HIGHWAY SAFETY PROGRAM GRANT TO SHERIFF'S DEPARTMENT County Manager Cooper presented a grant awarded by the Governor's Highway Safety Program to the County Sheriff'S Department for an additional 12 months funding in the amount of $191,574 requesting acceptance of the grant by the Commissioners. I After discussion, Commisisoner Dolan MOVED, SECONDED by Commissioner Retchin to accept the grant in the amount of $191,574, authorizing the Chairman to execute the grant. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Commissioner O'Shields Chairman O'Neal Absent: Commissioner Barfield A copy of the resolution is contained in Exhibit Book XIII, Page 5. APPROVAL OF BUDGET AMENDMENT - SHERIFF'S DEPARTMENT County Manager Cooper presented a Budget Amendment in the amount of $ 21,000 from Contingencies to Insurance in the Sheriff's Department for payment of insurance which was not budgeted in the 1984/85 fiscal year. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the Budget Amendment as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield ...... 864 ~ MINUTES OF REGULAR MEETING, MAY 6, 1985 (CONTINUED) ADJOURNMENT Commissioner Retchin to adjourn the meeting. FOLLOWS: MOVED, SECONDED by Commissioner Dolan Upon vote, the MOTION CARRIED AS Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Commissioner Barfield Chairman O'Neal adjourned the meeting at 12:05 o'clock P.M. Respectfully submitted, ~d~ Lucie F. Harrell Clerk r ,