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1985-06-03 Regular Meeting ""'" 891 MINUTES OF REGULAR MEETING, JUNE 3, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 3, 1985, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.: John Dolan: Claud O'Shields, Jr.: Fred Retchin: Chairman Nolan O'Neal: County Manager, Felix Cooper: County Attorney, Robert W. Pope: and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order. Father Robert F. Shea of St. Mary's Catholic Church, gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the regular meeting of April 15, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Special Meeting of April 22, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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: I Mr. Chester Jones, a resident of New Hanover County, commented on the proposed budget for the Fiscal Year 1985/86 requesting the Commissioners not to raise taxes expressing concern for increasing the tax rate each year. APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Sale Surplus Property Owned by the City and County The Commissioners adopted a resolution for acceptance of offers to purchase properties totaling $1,840 representing an ad valorem tax value as of 1983 totaling $3,680. The offers to purchase will be duly advertised for upset bid. The properties are located at 514 Anderson Street and 112 South 9th Street. A copy of the resolution is contained in Exhibit Book XIII, Page 9. I Approval of Permanent Status for Social Worker II Position - Friends of Black Children - Social Services The Commissioners approved changing the temporary status of a Social Worker II position to permanent status since State funding appears to be firm. Approval of Request for Appointment of Mary Gornto to the Lower Cape Fear Arts Council The Commissioners appointed Ms. Mary Gornto as the County Representative to the Lower Cape Fear Arts Council. .... 892 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Legal Department The Commissioners approved the following Budget Amendment in the amount of $ 6,800 for professional services provided in the Dolli Asbury v. New Hanover County, et ale 85-358 - Legal Debit Credit Contingencies $6,800 Professional Services $6,800 Approval of Budget Amendment - Human Relations The Commissioners approved the following Budget Amendment in the amount of $3,000 to cover cost for additional meetings of the Hearing Panel plus the Court Reporter: BA - 376 - Human Relations Debit Credit Contingencies $3,000 , Human Relations - Other Professional Services $3,000 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: 85-375 - Airport Debit Credit NCDOT Aviation Grant Transfer to Capital Projects $7,669 $7,669 Contracted Services $15,338 85-359 - Aging State Grant Aging - CFCOG Debit $8,959 Credit Capital Outlay $8,959 Approval of Budget Amendment - Governing Body The Commissioners approved the following Budget Amendment in the amount of $3,000 to reimburse the Travel Account: 85-377 - Governing Body Debit Credit Contingencies $3,000 Travel Meetings & Schools $3,000 PRESENTATION OF DESIGN DEVELOPMENT SKETCHES BY HOWARD NEEDLES TAMMEN & BERGENDOFF - TERMINAL COMPLEX - NEW HANOVER COUNTY AIRPORT Mr. Steve Reiss, Project Manager, gave background information on refining the concept of the terminal building taken from the recommendations of the Commissioners at the May 6 meeting. After a period of questions and answers pertaining to the type of materials to be used, colors, textures, and shapes, a rough mold was presented showing the basic design of the Terminal Complex. Commi ssioner O'Neal, appreciation to HNTB for progress report. on behalf of the Board, expressed the informative presentation and i'-... 893 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) PUBLIC HEARING FOR ADOPTION OF BUDGET ORDINANCE AND REVENUE SHARING County Manager Cooper commented on the Public Hearing required by law giving the public an opportunity to comment on the County's use of revenue sharing and county funds for the proposed budget. I Finance Director Atkinson gave background information on the proposed budget for the Fiscal Year 1985/86 in the amount of $45,261,660, including revenue sharing funds of $374,326, which represents a 2% increase over last year's budget. He stated the difference between the County Manager's recommended budget and the proposed budget is a net difference of $416,000 stating he had prepared a preliminary ordinance for consideration. Chairman O'Neal asked if any member of the general public wished to address the Commissioners on the proposed budget. The following person commented: Mr. Mike Vaughan commented on excessive funding to various departments as listed on Pages 2, 4, 5, 9, 10, 14, 18, 28, 56, and 96 of the proposed budget requesting consideration of the Commissioners to further trim the budget in order to avoid an increase in taxes. Commissioner Dolan expressed concern for raising taxes stressing the importance of cutting back on government spending and not asking the taxpayer to bear the burden. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Public Hearing was closed. I Cou~ty Manager Cooper commented on the $416,000 shortfall of the proposed budget presenting the following alternatives: 1. Increase the tax rate by 1 cent. 2. Use of funds available in the County's Fund Balance. 3. Reduction of expenditures. After a lengthy period of discussion and explanation of the Fund Balance by County Manager Cooper and Finance Director Atkinson, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to adopt the Budget Ordinance as prepared by the County Manager setting the tax rate at 68 cents per $100 of assessed value, which represents no increase in taxes for the coming year. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance is contained in Exhibit Book XIII, Page 9. BREAK Chairman O'Neal recessed the meeting for a break from 8:35 o'clock P.M. to 8:53 o'clock P.M. I APPROVAL OF NOTICE TO PROPERTY OWNERS TO ESTABLISH FIRE DISTRICT Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve mailing a notice to all property owners in New Hanover County scheduling a Public Hearing on July 23, 1985, for the purpose of establishing a Fire Service District. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY TWO ACRES ON THE WEST SIDE OF MARKET STREET, 2,200 FEET NORTH OF ALEXANDER ROAD FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended denial in order to control strip development. .... 894 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY TWO ACRES ON THE WEST SIDE OF MARKET STREET, 2200 FEET NORTH OF ALEXANDER ROAD FROM R-15 TO B-1 (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Jim Smith, Attorney representing Mr. Canady, commented on the best use of this property as commercial requesting consideration of the Board for approval this rezoning request. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After a lengthy discussion of the best use for this property, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to rezone the property from R-15 to B-1. Upon vote, the MOTION FAILED and the rezoning was denied due to not receiving a majority vote: Voting Aye: Commissioner Retchin Commissioner O'Shields Voting Noe: Commissioner Barfield Commissioner Dolan Chairman O'Neal PUBLIC HEARING CONTINUED TO JULY 1, 1985, TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF TERESA DRIVE Due to the absence of the petitioner, it was the consensus of the Board to continue this request for a Special Use Permit to July 1, 1985, at 7:00 P.M. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 1.52 ACRES ON THE SOUTHEAST SIDE OF MARKET STREET 200 FEET NORTH OF MIDDLE SOUND LOOP ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS Planning Director Hayes and Planner Avery gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval since the County Policies for Growth and Development encourage commercial acti vi ties in well defined areas, notably at major highway intersections. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the rezoning request from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972" is contained in Zoning Book I, Section 8B, Page 20. PUBLIC HEARING TO CONSIDER REZONING TWO NON-CONTIGUOUS PARCELS ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE, JUST WEST OF THE INTERSECTION OF EASTWOOD ROAD AND WRIGHTSVILLE AVENUE FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS Planning Director Hayes and Planner Avery gave background information presenting slides on the rezoning request stating the Planning Board and Planning Staff recommended approval for only the easternmost parcel of the two parcels to be rezoned B-1 since the westernmost parcel is surrounded by residential property. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: t'--. 895 MINUTES OF REGULAR MEETING, JUNE 3, 1985, (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PARCELS ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE JUST WEST OF THE INTERSECTION OF EASTWOOD ROAD TO B-1 (CONTINUED) Mr. Bill Walton, representing the petitioner, commented on the character of the neighborhood stating it was no longer desirable for residential use requesting consideration of the Board to approve the rezoning request as submitted. I Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner Dolan questioned the need for more commercial use in this area. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to rezone only the easternmost parcel to B- 1. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Commissioner O'Shields Voting Noe: Commissioner Dolan Chairman O'Neal A copy of "AN ORDINANCE OF THE AMENDING THE ZONING MAP OF ZONING AREA NORTH CAROLINA, ADOPTED DECEMBER 15, Zoning Book I, Section 2, Page 17. COUNTY OF NEW HANOVER 2 OF NEW HANOVER COUNTY, 1969," is contained in I PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ADD nFURNITURE AND FIXTURES WITHOUT OUTSIDE STORAGEn AS A PERMITTED USE IN THE 1-1 INDUSTRIAL, 1-2 INDUSTRIAL AND PD PLANNED DEVELOPMENT DISTRICT Planning Director Hayes gave background information on the Text Amendment stating the staff recommended the proposed change noting the use should be included in the 1-2 District. Chairman O'Neal asked if anyone present wished to speak in favor of the proposed Text Amendment. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner O'Shields MOVED, Commissioner Retchin to approve the Text Amendmept. the MOTION CARRIED UNANIMOUSLY. SECONDED by Upon vote, 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 10. I PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ADD nCONVENIENCE FOOD STORESn AS A PERMITTED USE IN THE 1-2 INDUSTRIAL DISTRICT Planning Director Hayes gave background information on the proposed Text Amendment commenting on the similarity of other uses now allowed in 1-2 to convenience food stores and the need to provide convenience sales in close proximity to the workplace. He stated the Planning Board and Planning Staff recommended approval. Chairman O'Neal asked if anyone present wished to speak in favor of the proposed Text Amendment. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed Text Amendment. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. .... 896 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ADD mCONVENIENCE FOOD STORESn AS A PERMITTED USE IN THE I-2 INDUSTRIAL DISTRICT (CONTINUED) 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 10. PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE APPROXIMATELY 15.6 ACRES ON THE WEST SIDE OF SOUTH COLLEGE ROAD, OPPOSITE HIDDEN VALLEY SUBDIVISION FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS Planning Director Hayes and Planner Avery gave background information and a slide presentation on the rezoning request. Planning Director Hayes stated the Planning Board and Planning Staff recommended denial in order to discourage strip commercial development. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. David Barefoot, Attorney representing the petitioner, Mr. A. o. McCarley, commented on the best use of this property stating a road will eventually be built connecting N. C. 132 and HIghway 421 requesting considertion of the Board to rezone this property commercial. Chairman O'Neal asked if anyone present wished to speak in opposi tion to the rezoning request. The following persons commented: Mr. Quincy Cannady, representing the homeowners in Hidden Valley, presented a signed peti tion opposing the rezoning requesting denial in order to maintain a residential neighborhood. Mr. Norman Ramsey, representing Heritage Baptist Church, commented on future plans of the Church requesting denial of the rezoning request. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE APPROXIMATELY 6 ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD OPPOSITE SILVA TERRA SUBDIVISION FROM R-15 RESIDENTIAL TO I-l INDUSTRIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended denial due the property being in a residential area stating I-I zoning is completely incompatible. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. Lonnie Williams, Jr., Attorney representing Mr. J. Williams, stated the trampoline business had been operating for eleven years and the curtain business for three. He presented a petition signed by 212 individuals including surrounding neighbors supporting the rezoning request. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning. No one commented. Commissioner Dolan expressed concern for denying the rezoning and closing a business that has existed for eleven years. "- 897 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) , PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE APPROXIMATELY SIX ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD (CONTINUED) After a lengthy discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to rezone the property from R-15 to I-I. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Dolan Commissioner O'Shields Commissioner Retchin Voting Noe: Chairman O'Neal A copy of "AN ORDINANCE OF AMENDING THE ZONING MAP OF ZONING NORTH CAROLINA, ADOPTED APRIL 7, Book I, Section 4, Page 19. THE COUNTY OF NEW HANOVER AREA 4 OF NEW HANOVER COUNTY, 1971," is contained in Zoning PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE APPROXIMATELY 28 ACRES ON THE WEST SIDE OF CASTLE HAYNE ROAD 320 FEET NORTH OF HORNE PLACE DRIVE FROM R-20 RESIDENTIAL TO R-15 RESIDENTIAL Planning Director Hayes gave background information on the appeal stating the Planning Board recommended denial to keep low density in a rural area discouraging higher density which could have an impact on the secondary recharge area which lies directly beneath the aforementioned property. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning. The following person commented: I Mr. Edw in Hughes, peti tioner representing the property owner, stated the rezoning request was for expansion of a mobile home park requesting approval of rezoning request. Chairman O'Neal asked if anyone present wished to speak in opposition of the rezoning request. The following person commented: Mr. Carl Wood After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to deny the rezoning request upholding the decision of the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTIONS OF INTENT TO CLOSE SYCAMORE AVENUE AND CANEY BRANCH ROAD After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt Resolutions of Intent to close the following roads: I I. Being in its entirety, Sycamore Avenue is anchored to the northwest by Oleander Drive and Bagley Avenue to the southeast. Extending for distance of 150 feet, said road is recorded in Book 2, Page 31, New Hanover County Register of Deeds. 2. Begin section of Caney Branch Road located 800 feet northeast of the proposed intersection of 1-40 with Murrayville Road and extending from said point 880 feet north. This section of said road is recorded in Book 234, Page 29, New Hanover County Register of Deeds. Copies of the Resolutions of Intent are contained in Exhibit Book XIII, Page 10. .... 898 MINUTES OF REGULAR MEETING, JUNE 3, 1985 (CONTINUED) DISCUSSION OF ZONING NOTIFICATION PROCEDURES Planning Director Hayes gave background information on N. c. Senate Bill 469 - Zoning Notification Procedure requesting the Commissioners to write the local representatives expressing opposition to the bill requiring certified mail to adjacent property owners when rezoning. ! I i After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to request the Chairman to write a letter to local legislators expressing opposition to Senate Bill 469. Upon vote, the MOTION CARRIED UNANIMOUSLY. CHAMGE OF REGULARLY SCHEDULED MEETING IN JULY Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to reschedule the meeting of July 15, 1985, to July 22, 1985, due to the Commissioners attending the 50th Annual Conference of the National Association of Counties. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 10:35 o'clock P.M. ):Jpe'~d~ed' ~ F. Harrell Clerk i'-...