1992-08-03 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 96
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
August 3, 1992, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H.
Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen
O'Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore.
Chairman Mathews called the meeting to order and welcomed all persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Rev. Malcolm McIver, Retired Presbyterian Minister, gave the invocation.
Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag.
EXECUTIVE SESSION
Chairman Mathews announced that the Board as stated on the Agenda needs to meet briefly
in Executive Session to discuss a legal matter and a real estate matter. The meeting was recessed to
hold an Executive Session at 6:38 P.M. and returned to Regular Session at 7:32 P.M.
NON-AGENDA ITEMS
Chairman Mathews asked if anyone from the general public would like to present an item not
listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following
item was presented.
POSTPONEMENT OF ITEM #13, A PUBLIC HEARING TO CONSIDER A REQUEST TO
REZONE PROPERTY ON THE NORTH SIDE OF OLEANDER DRIVE, EAST OF
WILMINGTON CORPORATE LIMITS, TO O-I OFFICE AND INSTITUTION FROM B-2
BUSINESS (Z-451)
Chairman Mathews stated that the petitioner, Ms. Carol Wood, has requested postponement
of the petition for 30 days due to extenuating circumstances.
Consensus:
The Commissioners agreed to postpone the Public Hearing for 30 days.
APPROVAL OF CONSENT AGENDA
Motion:
Commissioner Retchin MOVED, SECONDED by Commissioner Sutton, to approve the
Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following minutes as presented by the Clerk to the Board:
Regular Meeting and Work Session - July 20, 1992
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions adding Davis Lane, Creekwood Road, Nash Avenue
and Hillsdale Drive, to the State Highway System.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XX, Page 7.
Adoption of Resolution Authorizing the Sale of Surplus Mailing Machine Equipment
The Commissioners adopted a resolution authorizing the sale of surplus mailing machine
equipment which the Department of Social Services desires to sale as a trade-in on the purchase of
new equipment.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XX, Page 7.
Approval of Changes in Minority Business Enterprise Bid Package
The Commissioners approved revisions made to form "MBE/EEO-7: DBE Subcontractor
Contact Schedule" of the Minority Business Enterprise Bid Package. The form was changed, as
requested by the Board at the July 20, 1992 meeting, to clarify the requirement of submitting
information on minority/women subcontractors contacted instead of all subcontractors contacted.
Approval of Budget Amendment #93-0019 to Budget Unexpended Federally Forfeited Property
Revenue from FY91-92 to FY92-93.
The Commissioners approved the following Budget Amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 97
93-0019 Sheriff's Department/Federal Forfeited Property
DebitCredit
Sheriff's Department/Federal Forfeited Property
Federal Forfeited Property$25,324
Departmental Supplies $5,324
Capital Outlay - Equipment $20,000
Purpose: To budget unexpended federally forfeited property revenue from FY91-92 to FY92-93.
Approval of Budget Amendment #93-0011 to Budget Controlled Substance Tax Receipts for
Purchase of a Cellular Phone and Mobile Radio for the Vice Unit
The Commissioners approved the following Budget Amendment:
93-0011 Sheriff's Department/Controlled Substance Tax
DebitCredit
Sheriff's Department/Controlled Substance Tax
Controlled Substance Tax$7,069
Departmental Supplies $2,000
Capital Outlay - Equipment $5,069
Purpose: To budget Controlled Substance Tax receipts for purchase of a cellular phone and mobile
radio for the Vice Unit.
The Controlled Substance Tax is a tax on illegal drugs possessed by drug dealers. Of the
proceeds, 75 percent must be remitted to the local law enforcement agency that conducted the
investigation leading to the assessment.
Approval of Budget Amendment #93-0013 to Budget Funds for Telephone Expense of Moving
the Emergency Operations Center
The Commissioners approved the following Budget Amendment:
93-0013 Non-Departmental/Emergency Management
DebitCredit
Non-Departmental
Contingency $15,232
Emergency Management
Telephone Expense $15,232
Purpose: To budget funds required to pay Southern Bell's charges for lines that terminate in the
Emergency Operations Center. The County was not charged for these lines until they were
reconnected after moving the EOC. The amount covers 17 months of charges, 5 months in FY91-92
and 12 months in FY92-93.
Approval of Budget Amendment #93-0018 to Budget Funds for Contribution to Southeastern
Center
The Commissioners approved the following Budget Amendment:
93-0018 Non Departmental/Outside Agencies/Human Services
DebitCredit
Non-Departmental
Contingencies $5,000
Outside Agencies/Human Services
Southeastern Center $5,000
Purpose: To budget an additional contribution to Southeastern Center to hire a consultant to help
develop a comprehensive plan to address problems related to substance abuse (approved by the
Commissioners on July 20, 1992).
PRESENTATION OF NATIONAL ASSOCIATION OF COUNTIES 1992 ACHIEVEMENT
AWARDS TO THE DEPARTMENT OF AGING AND THE HUMAN RELATIONS
COMMISSION
Chairman Mathews, on behalf of the Board, presented the National Association of Counties
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 98
1992 Achievement Awards to the Department of Aging and the Human Relations Commission for
implementing outstanding programs. Annette Crumpton, Director of the Department of Aging, on
behalf of the volunteers, accepted the award in recognition of the "Bridge Program." Chairman
Shirley Berry, on behalf of the Human Relations Commission, accepted the award in recognition of
the "Human Relations Month Program." Chairman Berry responded that the Commission could do
so much more for human relations in New Hanover County if more funds and staff were provided.
Chairman Mathews stated that he was honored to have received these awards at the Annual
Conference in Minneapolis, Minnesota, and expressed appreciation to the volunteers, Commission
members and staffs for their outstanding dedication in these programs.
ADOPTION OF BOND RESOLUTION APPROVING $4,600,000 POLLUTION CONTROL
REVENUE REFUNDING BONDS FOR OCCIDENTAL CHEMICAL CORPORATION
Attorney Wallace Murchison, representing the New Hanover County Industrial Facilities and
Pollution Control Financing Authority, stated that the Authority had adopted a bond resolution
authorizing the issuance of revenue refunding bonds in the principal amount of $4,600,000 and the
execution and delivery of financing documents pertaining to the refunding of revenue bonds issued
by the Authority to finance air and water pollution control facilities at the Chrome Plant in Castle
Hayne owned by Occidental Chemical Corporation. The Commissioners were requested to adopt
a resolution approving the issuance of the bonds.
Motion:
Commissioner Sutton MOVED, SECONDED by Commissioner Retchin, to adopt the
resolution approving the issuance of the bonds in the principal amount of $4,600,000 by the
Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XX, Page 7.
ADOPTION OF RESOLUTION CONFIRMING THE MATURITIES AND RATES OF
INTEREST ON SOLID WASTE DISPOSAL BONDS, SERIES 1992.
Motion:
Commissioner Retchin MOVED, SECONDED by Commissioner Sutton, to adopt a
resolution to confirm the maturities and rates of interest to be borned by $995,000 Solid Waste
Disposal Bonds, Series 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XX, Page 7.
APPROVAL OF CHANGES IN CONTRACT WITH TAX MANAGEMENT ASSOCIATES
Tax Administrator Roland Register reported that TMA has collected in excess of $1,066,000
in city and county taxes since June 1991; however, approximately 29 businesses have refused to allow
TMA to perform the audits based on the Property Tax Commission rulings on third party audits. Mr.
Register recommended that the TMA contract be amended to allow County personnel to audit any
accounts deemed appropriate. He explained that TMA is very much needed and will do the best job
in performing audits of large corporations.
Motion:
Commissioner Retchin MOVED to approve changing the contract and allowing county
employees to conduct audits of the 29 businesses.
Commissioner Sutton asked if County personnel would be able to complete the remaining
audits and Vice-Chairman Greer reiterated his concern for allowing an outside agency to perform tax
audits for the County.
Motion:
Vice-Chairman Greer MOVED to terminate the contract with TMA and allow County staff
to pursue future audits.
Mr. Register stated the two County employees (the Internal Auditor and the Listing
Supervisor), with all of their other job responsibilities, would not be able to achieve the results as
TMA has with five to six full time auditors. He recommended continuing with the professional staff
of TMA and allowing the County staff to tackle the obstacles when time allows. Additional funds
will be needed to budget travel expenses.
County Manager O'Neal agreed with Mr. Register saying that the Internal Auditor for the
County, is not currently doing budget review and analysis. This would allow the employee some time
to spend on performing the tax audits.
Commissioner Barfield stated the businesses would be more likely to accept an audit
performed by County employees rather than TMA because the employee would be paid by salary and
not by a percentage of the discovery of taxes.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 99
Commissioner Sutton stated he does not object with TMA performing the audits, but he does
object to the method of payment and would like staff to seek alternatives to the fee based system.
Amended Motion:
Commissioner Retchin AMENDED his MOTION, SECONDED by
Commissioner Sutton, to approve the use of County personnel to audit the 29 cases requested and
ask the County Manager and Tax Administrator to examine the contract with TMA and recommend
an alternative for the County's arrangement with TMA. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADOPTION OF RESOLUTION OPPOSING "NO FISHING ZONE" OFF THE COAST OF
NEW HANOVER COUNTY
Assistant County Manager Dave Weaver presented information received from the National
Marine Fisheries Service concerning the establishment of marine fishery reserves in areas between
North Carolina and Florida. Mr. Weaver stated the proposed "No Fishing Zone" off the coast of New
Hanover County would potentially have an adverse economic impact on New Hanover County;
however, one of the design criteria states "where possible, marine fishery reserves shall be located
away from major urban centers." New Hanover County is the most urbanized area on the North
Carolina coast; therefore, this area should not be considered.
Motion:
Commissioner Sutton MOVED, SECONDED by Commissioner Retchin, to adopt the
resolution opposing the proposed establishment of a marine fishery reserve off the coast of New
Hanover County. The floor was opened to discussion.
Vice-Chairman Greer stated he could not support the concept of a marine reserve at this time
without additional information. Commissioner Sutton stated that he objected to establishing a reserve
just to protect two types of fish.
Amended Motion:
Commissioners Sutton and Retchin agreed to amend their motion to adopt the
modified resolution that excluded the statement "...finds no fault with the concept of establishing
Marine Fishery Reserves." Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XX, Page 7.
CONSIDERATION OF ADOPTION OF AMENDMENTS TO THE NEW HANOVER
COUNTY CODE ADDRESSING EXCESSIVE NOISE AND VIBRATION ASSOCIATED
WITH MOTOR VEHICLES
Assistant County Attorney Kemp Burpeau reported that the proposed ordinance addressing
excessive noise and vibration associated with motor vehicles was based on an EPA model ordinance
for noise pollution which was furnished by the League of Municipalities. While the present ordinance
pertains to noise, it does not include regulations dealing with damaging or disturbing vibrations.
Commissioner Retchin stated he requested staff to draft an amendment to the Noise
Ordinance that would make it unlawful to operate any motor vehicle with loud and disturbing noises
caused from a removed or disrepaired muffler-exhaust or from playing of any sound-magnifying
device.
Vice-Chairman Greer stated he did not feel it was necessary to create another ordinance
regarding noise pollution. He said the current ordinance should be enforced and if the ordinances are
not being enforced, additional ones should not be made.
Chairman Mathews asked if anyone from the audience would like to comment on the
proposed ordinance.
Mr. Bernie Thuersam, a resident of 4209 Wrightsville Avenue, spoke concerning the need for
regulations to control excessive noise from motor vehicles. He stated the City Police are not
equipped with decibel meters and are unable to enforce the current regulations. Winston-Salem has
been successful with their noise ordinance which prohibits music to be heard 100 feet away from the
vehicle. He suggested a license be required of retailers selling the stereo equipment and confiscation
of equipment that exceeded certain standards.
Mr. Richard Hill, a resident of Monterey Drive, stated no music should be heard from a
vehicle that is 20 feet away. If an ordinance is delayed now, opposition from a powerful lobby will
be around the next time an ordinance is considered. He expressed concern for the safety issues
involved saying loud music prevents a driver from hearing a siren, a car horn, or screeching brakes.
Commissioner Barfield stated something should be done to control loud noise, but policemen
should not be able to stop people indiscriminately. Commissioner Retchin stated the proposed
ordinance is a means for a citizen to have recourse when disturbed by loud noises.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 100
Motion:
After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton, to adopt the Ordinance amending Section 11-62 and Section 11-64 regarding noise control
of motor vehicles. Upon vote, the MOTION DID NOT CARRY as follows:
Voting Aye:Commissioner Retchin
Commissioner Sutton
Voting Nay:Commissioner Barfield
Vice-Chairman Greer
Chairman Mathews
Vice-Chairman Greer stated problems with excessive noise are mostly located within the city
limits and a county ordinance would not stop the problem. He agreed that something should be done
and suggested writing a letter to the Sheriff and Chief of Police requesting assistance for enforcement
of the existing noise control ordinance.
Consensus:
The Board was in agreement to write letters to the Sheriff and the Wilmington Police
Chief requesting that the current noise control ordinance be enforced.
ADOPTION OF RESOLUTION OF INTENT TO SCHEDULE A PUBLIC HEARING TO
CONSIDER CLOSING A PORTION OF WESLEY AVENUE
Planning Director Dexter Hayes stated the petitioner is wanting to close 150 feet of Wesley
Avenue which is located 350 feet southeast of the Charter Drive/Wesley Avenue intersection in the
Hillsdale Subdivision. The road is blocked by an existing lot of record within College Acres
development and there are no plans for the road to be extended.
Mr. Larry Sneeden, representing the owner Ruth Jones, stated the owner is wanting to
develop the site, but is unable to do so because of the setback requirements. If the road is closed, the
additional property obtained will allow the owner to develop the site. The adjacent property owners
support the petition.
Commissioner Barfield asked if the owner plans to sell after the units are built. Mr. Sneeden
answered yes.
Commissioner Barfield stated in the past, roads have not been closed when they are needed
for access to property and he would not support a road closing to allow the parcel to become rental
property.
Mr. Hayes stated that after the adoption of a resolution of intent, staff will investigate
drainage and utilities requirements and notify adjoining property owners of the public hearing; but the
use of the property is governed by the zoning classification.
Motion:
Chairman Mathews MOVED, SECONDED by Commissioner Retchin, to adopt the
Resolution of Intent to schedule a Public Hearing on September 8, 1992, at 7:30 P.M. in the
Assembly Room of the New Hanover County Courthouse to consider closing a portion of Wesley
Avenue, located 350 feet southeast of the Charter Drive/Wesley Avenue Intersection in the Hillsdale
Subdivision. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Retchin
Commissioner Sutton
Vice-Chairman Greer
Chairman Mathews
Voting Nay:Commissioner Barfield
A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XX, Page 7.
BREAK
Chairman Mathews called a break from 8:30 P.M. until 8:40 P.M.
PUBLIC HEARING TO CONSIDER REVISION TO THE MASTER PLAN FOR THE
LANDFALL PLANNED DEVELOPMENT BY REDESIGNATING THE PD OFFICE AND
INSTITUTION AREA AT LANDFALL CENTER TO PD COMMERCIAL AND REMOVAL
OF EXISTING SPECIAL HIGHWAY OVERLAY DISTRICT REGULATIONS (Z-453)
Chairman Mathews opened the Public Hearing.
Planning Director Dexter Hayes reported that the applicant is requesting the redesignation of
3.4 acres at the corner of Military Cut-Off Road and Drysdale Drive to PD Commercial from PD
Office and Institution. Also, the applicant is requesting the removal of the Special Highway Overlay
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 101
District north of Eastwood Road up to the end of the PD O&I portion of the project. Mr. Hayes
summarized: (1) the O&I uses planned north of the proposed commercial site would provide a
reasonable transition between Landfall and undeveloped properties to the north; (2) large office
buildings with large parking lots can create as much impervious surface as does a similar sized retail
operation; and (3) the change would not alter the current ingress and egress limitations imposed for
the original approval.
The Planning Commission voted unanimously to redesignate the property to commercial, but
voted to retain the existing S.H.O.D. boundary. The Commission concurred with staff's view that
the redesignation of the site to Commercial would not have any greater impact on the area in terms
of traffic and land use patterns or would not generate more stormwater run-off than the PD Office
and Institution designation.
Mr. Hayes reported opposition forces from nearby Cavalier Woods retorted that development
of the site would worsen an already dreadful drainage problem for their neighborhood. Others
opposed the petition because they felt adequate commercial opportunities already existed and because
it was inconsistent with the Land Use Plan. They argued that stormwater run-off generated on the
site during and after construction would be detrimental to nearby watersheds.
Chairman Mathews asked if anyone from the general public would like to speak in favor of
or in opposition to the proposed revisions.
Mr. Lanny Wilson of Wilson and Sons, Inc., the petitioner, stated that his company plans to
build the most modern and upscale supermarket and will employ 100-125 people. He requested the
removal of the S.H.O.D. regulations because of the impact of the setback requirements on the
confined size of the property. The building cannot be built further back on the parcel and allow large
trucks access to the rear of the building. He stated the S.H.O.D. has been removed in other instances.
Mr. Jack Kuskee, of Andrew and Kuskee Consulting Engineers, spoke concerning the
drainage plans for the site. In accordance with State and County ordinances, a wet retention pond
is required to prevent any increase in the rate of runoff. Mr. Kuskee stated that the drainage of this
property should not effect the drainage problem in Cavalier Woods Subdivision. Stormwater runoff
should drain to Drysdale Drive, across Military Cutoff, and behind Eastport Subdivision.
Vice-Chairman Greer expressed the Board's concern of the flooding problem in Cavalier
Woods Subdivision and he wanted assurance that the drainage from this site will not impact the
Subdivision.
Chairman Mathews asked if it is possible that a backup of this storm drainage system could
impact the south side of Eastwood Road and cause a problem for Cavalier Road.
Mr. Phil Morris, Head Civil Engineer with Andrew and Kuskee, answered if there is a large
enough quantity of water flowing down the ditch, it could possibly cause a drainage backup. A study
would have to be performed to determine the various scenarios.
Commissioner Sutton stated there is a lot of buildup potential because of the 30" pipe under
Cavalier Lane. The problem is not at Eastwood Road where there is 48" pipe.
Vice-Chairman Greer asked staff about the recent meeting with D.O.T. officials.
Assistant County Manager Weaver responded that he had met with a D.O.T. official, County
Engineer Jim Craig, and a resident of Cavalier Woods. Although the group disagreed on the cause
of the problem, everyone agreed the best solution is to pipe the water past Cavalier Woods to the
outfall area at Rogersville Road. Other remedies would be to clean out the ditches in Cavalier Woods
and the north side of Eastwood Road, replace the 30" pipe under Cavalier Lane with a larger pipe,
and extend the ditch on the south side of Eastwood Road.
Mr. Weaver stated the State is responsible for correcting the problems, but they do not have
any plans to do so for another 3-4 years at an anticipated cost of $85,000. Temporarily, the State
could dig a ditch with a liner for half the cost which would last until the road is widened.
Commissioner Barfield stated D.O.T. officials evaluated the situation three years ago and
determined that the drainage problem was caused by undersized pipe and the State should correct the
problem.
Commissioner Retchin stated the Board should use their influence to persuade the State to
correct the problem now.
Ms. Judy Smith, of South Branch Road in the Middle Sound area, expressed concern for
water standing in the ditches in the surrounding area. She questioned the need for another grocery
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 102
store with four in the vicinity. She urged the Board to preserve the S.H.O.D.
Mr. Robert Brown, of the Middle Sound area and representing the Northeast New Hanover
County Conservancy, stated he is opposed to the over-development of land in this area and stressed
the importance of the Board making decisions that could have long-term consequences on
unanticipated problems on property in this area.
He asked the Board to protect the S.H.O.D. He commented that there may not be an increase in the
permeable surface, but there will be heavier vehicular traffic, especially heavy truck traffic, if the
property is zoned for commercial use rather than O&I. He reported of an abandoned supermarket
half a mile down the road and the occurrence of abandoned supermarkets in the county.
Mr. Warren Bailey, of Bailey and Associates, property owner of the adjacent shopping center,
requested postponement of a decision in order to allow him a chance for rebuttal. He was not
notified of the Planning Board meeting on the proposed change.
Mr. Bailey stated that Landfall Associates informed him that this property would be used for
office buildings and his property was the end of the commercially zoned property which was a factor
in his purchasing the property. He said that when he built on his property he had to use the guidelines
of the S.H.O.D. and that this property should also be governed by the guidelines.
Vice-Chairman Greer commented he relies heavily on the Planning Board's decisions and they
may have been influenced by Mr. Bailey remarks. He regretted that Mr. Bailey was not notified of
the Planning Board's meeting and asked staff if this petition should be sent back.
Mr. Hayes replied that although every attempt is made to notify adjacent property owners of
Planning Board meetings, State Statutes does not require it. The Board of Commissioners meeting
is the official public hearing mandated by state law and notification signs have been posted on the
property since the latter part of May.
Chairman Mathews closed the Public Hearing.
Motion:
Commissioner Sutton stated he was very pleased that this new supermarket would provide
100-125 jobs and then MOVED, SECONDED by Commissioner Barfield, to approve the revision
of the Master Plan for Landfall by redesignating the 3.4 acres to PD Commercial from PD Office and
Institution. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Retchin stated he has always been a supporter of the S.H.O.D. and he would
not want the concept of the S.H.O.D. destroyed by removing a section at a time; therefore, he
MOVED to deny the request to remove the S.H.O.D. The MOTION FAILED DUE TO NOT
RECEIVING A SECOND.
In discussion, Mr. Hayes stated that the property is approximately 800-900 feet in length from
the corner of the property to the intersection. He explained that the building plan shows an 80 foot
setback, the S.H.O.D. building setback requirement is 100 feet, the S.H.O.D. parking lot requirement
is a 50 foot setback. The approximate setback of the other buildings is 90-95 feet.
Commissioner Barfield commented that there is already some inconsistency in the setbacks
and all the setbacks should be squared off to basically the same.
Mr. Hayes said that the petitioner can request a variance on the setback from the Zoning
Board of Adjustment. If the S.H.O.D. restrictions were removed, other buildings, such as the bank,
could enlarge and build closer to the highway. Without the S.H.O.D. restrictions, parking would be
allowed 10 feet from the right-of-way.
Motion:
Commissioner Retchin repeated his motion, SECONDED by Vice Chairman Greer, to deny
removal of the S.H.O.D. Upon vote, the MOTION DID NOT CARRY.
Voting Aye:Commissioner Retchin
Vice-Chairman Greer
Voting Nay:Commissioner Barfield
Commissioner Sutton
Chairman Mathews
Motion:
Commissioner Sutton MOVED to remove the S.H.O.D. from the northern boundary of the
property to the corner of Eastwood Road and Military Cutoff. The MOTION FAILED DUE TO
NOT RECEIVING A SECOND.
Motion:
After further discussion of the consequences of removing the S.H.O.D. restrictions,
Commissioner Sutton MOVED, SECONDED by Commissioner Retchin, to table action on the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 103
removal of the S.H.O.D. until a variance is requested from the Zoning Board of Adjustment. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer, to urge the
N.C.D.O.T. to correct the drainage problem at Cavalier Road and Eastwood Road. The floor was
opened to discussion.
It was agreed that letters should be written to Board of Transportation Member Marylyn
Williams and Secretary Tommy Harrelson, urging the State to correct this problem immediately. The
Commissioners agreed to personally contact D.O.T. officials in getting this problem resolved. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER REZONING THE NORTHEAST CORNER OF
HOLLY SHELTER ROAD, NIXON LANE AND I-40 FROM R-15 RESIDENTIAL AND I-2
INDUSTRIAL TO B-2 BUSINESS AND REZONING REMNANT TO THE EAST FROM R-
15 RESIDENTIAL TO I-2 INDUSTRIAL (Z-455)
Chairman Mathews opened the Public Hearing.
Planning Director Dexter Hayes stated the applicant desires to rezone 2.1 acres on the
northeast corner of Holly Shelter Road and I-40 to B-2 Business from R-15 Residential and I-2
Industrial. The parcel is located at one of only two interchanges for I-40 in New Hanover County.
These interchanges are ideally suited for commercial activity. Property on the southeast corner of
this interchange was rezoned to B-2 Business in 1989. The sparsely residential area is classified
"Community" in the 1986 Land Use Plan Update.
The Planning Commission voted unanimously to rezone the property to B-2 Business, and
rezone a small remnant area of R-15 located east of and adjacent to the parcel to I-2 Industrial, based
on the site's location and policies for growth and development pertaining to commercial uses.
Opposition came from nearby property owners who own homes in a small enclave of
residentially-zoned property located northwest of the property. They argued that rezoning the
property would disrupt their quality of life and that ample shopping activities for the area were
already available in Castle Hayne.
Chairman Mathews asked if anyone from the general public would like to speak in favor of
or in opposition to the proposed revisions.
The applicant, Mr. Hanson Matthews, stated that he is desiring to correct a split zoning of I-2
Industrial and R-15 Residential property by rezoning to B-2 Business. With the property location
being so close to I-40 and parcels across the road already zoned B-2 Business, he concluded the
property's best use would be for commercial use.
Ms. Annie Nixon Sidbury, resident and landowner of Nixon Lane, spoke in opposition of
commercial development intruding on a residential neighborhood.
Commissioner Barfield expressed concern about commercial property being so close to a
residential neighborhood and having such a devastating impact on the residents. Sufficient buffers
should be provided with limited egress and ingress onto commercial property.
Discussion was held on providing protection to the residents from commercial encroachment,
but also allowing the applicant to use his property.
Chairman Mathews closed the Public Hearing.
Motion:
After a lengthy discussion with the applicant and the residents, Commissioner Sutton
MOVED, SECONDED by Vice-Chairman Greer, to approve the B-2 Business rezoning except to
save the western most 75 feet of the property which will remain R-15 Residential. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Retchin then MOVED, SECONDED by Vice-Chairman Greer, to approve
rezoning the small remnant area of property owned by Martin Marrieta to I-2 Industrial, as
recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED JULY 7, 1972," is hereby incorporated as a part of the minutes and is contained in
Zoning Book II, Section 8A, Page 18.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 104
Motion:
Commissioner Retchin MOVED, SECONDED by Vice Chairman Greer, to convene from
Regular Session to hold a meeting of the New Hanover County Water and Sewer District. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 10:55 P.M.
Motion:
Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer, to reconvene to
Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 10:58 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Approval to Present Plaques to Senator Franklin Block and Representative Harry Payne
Commissioner Retchin proposed that certificates of appreciation be presented to the retiring
New Hanover County legislators, Senator Franklin Block and Representative Harry Payne, for their
outstanding accomplishments made for the citizens of New Hanover County.
Consensus:
The Board agreed to present plaques to Senator Block and Representative Payne in
recognition of their service as legislators for New Hanover County.
Motion:
Commissioner Sutton MOVED, SECONDED by Commissioner Retchin, to hold a small
reception in honor of the legislators. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Memorandum Concerning the Reorganization of the Waste-To-Energy Facility
Commissioner Barfield expressed concern for reorganizing the personnel structure of the
Waste-To-Energy Facility without the new general manager in place.
County Manager O'Neal explained that the restructuring will allow for more emphasis on
maintenance and preventive maintenance as recommended by the WTE Commission.
Commissioner Sutton further explained that the plan is to separate the operating staff from
the maintenance staff and to more clearly define the jobs.
Commissioner Barfield commented that the plans to hire a professional staff appears to have
been terminated and he stated the general manager should be involved in making any changes in the
restructuring of the organization.
Nominations to Nursing Home Advisory Committee
Chairman Mathews reported that two vacancies exist on the Nursing Home Advisory
Committee and there are six applications on file.
The following nominations were made:
Mrs. Margaret Banck nominated by Commissioner Sutton
Mrs. Anne Hardaway nominated by Commissioner Retchin
Mrs. Willa Hatcher nominated by Commissioner Sutton
Mr. Leroy Marshburn nominated by Chairman Mathews
Mr. Charles K. Royal nominated by Chairman Mathews
The Board is to make appointments at the next scheduled meeting on August 17, 1992.
In further discussion, the Board agreed to hold separate meetings with the Nursing Home
Advisory Committee and the Nursing Home Administrators. Increasing the number of members on
the Nursing Home Advisory Committee was discussed. A request will need to be submitted to the
legislators for action.
Status of Loan on Furnishings for the Museum
Vice-Chairman Greer asked for the standing of the loan to the Williston Commemorative
Committee on the contribution of furnishings for the Museum. Deputy County Manager Mary
Gornto replied that the loan is almost paid and should be paid in full by September 1. She will
confirm the status.
ADJOURNMENT
Motion:
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Greer, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:15 P.M.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 23
REGULAR MEETING, AUGUST 3, 1992PAGE 105
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board