1997-10-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 134
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
October 6, 1997, 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 Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell;
Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew 1. Atkinson, gave the invocation.
Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved for anyone from the public to present
an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
No items were presented from the public.
Removal of Item 3 From the Regular Agenda
County Manager O'Neal reported that Item 3 had been removed from the Regular Agenda
because Carolina Power & Light Company reviewed the energy procedures being used in county
buildings and forwarded a report stating a conservation energy study was not needed. The Property
Management Department was commended for the efficient methods being used to save on electricity.
Withdrawal of Item 6-F From the Regular Agenda, a Public Hearing to Consider a Request
by William Dobo to Clarify Language Concerning the Placement and Size of Accessory
Buildings (A-286, 9/97)
Chairman Greer advised that a letter had been received from the petitioner, Mr. William
Dobo, requesting withdrawal of the proposed text amendment regarding placement and sizes of
accessory buildings incidental to principal uses.
APPROVAL OF CONSENT AGENDA
Chairman Greer announced that Item 12 had been withdrawn from the Consent Agenda at
the request of the County Manager.
County Manager O'Neal explained that when receiving proposals for delineation of graves
on the 17th Street property, the firm of Law Engineering & Environmental Services was
recommended. However, UNCW contacted staff and requested to participate in the project because
of archeological interests. Action was postponed at the last meeting to allow UNCW and Law
Engineering time to discuss the matter and present a proposal. UNCW called last week and has
requested more time to negotiate an agreement.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to remove
Consent Agenda Item 12 and approve the remaining items on the Consent Agenda as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Work Session held on September 11, 1997,
and minutes of the Regular Meeting held on September 15, 1997, as presented by the Clerk to the
Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 135
Approval of 1998 Schedule of Regular Meetings for the New Hanover County Board of
Commissioners
The Commissioners approved the 1998 Schedule of Regular Meetings as presented by the
Clerk to the Board.
Adoption of Resolution Awarding Bid #98-0102 to Prime Services, Inc. for the Purchase of a
Man Lift for the W ASTEC Facility - Environmental Management
The Commissioners adopted a resolution awarding Bid #98-0102 to Prime Services, Inc., the
most responsive bidder, in the amount of $66,058 for the purchase of a 60-foot man lift for the
W ASTEC Facility. Funding for this item was adopted in the FY 1997-98 Budget. The Chairman was
authorized to execute the necessary contract documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 7.
A copy of the contract is on file in the Legal Department.
Approval of Amendment to Equipment Rental Contract with Motorola to Upgrade Emergency
Dispatch Consoles and the E-911 Telephone System - Sheriff's Department
The Commissioners approved an amendment to the equipment rental contract with Motorola
to upgrade emergency dispatch consoles and the E-9ll telephone system. The term of the lease is for
50 months with a monthly payment of $19,3 11.55.
A copy of the amended contract is on file in the Legal Department.
Adoption of Resolution to Authorize the Cooperative Extension Office to Dispose of a Xerox
Copier as a Trade-in on Rental of New Copier and Approval of Budget Amendment #98-0039
The Commissioners adopted a resolution and approved the associated budget amendment to
authorize the Cooperative Extension Office to dispose of a Xerox 5335 Copier pursuant to NCGS
160A-266 as a trade-in allowance in the amount of$I,400 on the rental ofa new machine.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 7.
Budget Amendment #98-0039 - Cooperative Extension Service
Debit
Credit
Cooperative Extension Service
Sale of Fixed Assets
Equipment Rent
$1,400
$1,400
Purpose: To budget copier trade-in allowance for rental payments on new copier.
Award of Contract #98-0141 to the Containment Systems Corporation for the Purchase and
Installation of a Lagoon Baffle in the New Hanover County Landfill - Environmental
Management
The Commissioners awarded Contract #98-0141 to the Containment Systems Corporation,
the lowest bidder, in the amount of $13,966 for the purchase and installation of a lagoon baffle in the
New Hanover County Landfill. The Chairman was authorized to execute the necessary contract
documents. Funding of the project is available in the Landfill Budget.
The following informal bids were received:
Containment Systems Corporation
Environetics
Crocker & Associates, Inc.
$13,966
$15,674
$22,927
A copy of the contract is on file in the Legal Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 136
Award of Contract #98-0063 to Law Engineering and Environmental Services for Installation
of Leachate Collection Wells for Celli in the New Hanover County Landfill - Environmental
Management
The Commissioners awarded a contract to Law Engineering and Environmental Services, the
lowest responsible bidder, in the amount of $60,834 to install leachate collection wells along the
eastern perimeter of Cell 1 to withdraw leachate. Funding is available in the Landfill Capital Projects
Account. The Chairman was authorized to execute the necessary contract documents.
The low bidder was not recommended because of concern about penetration of the primary
cell liner.
The following proposals were received:
Law Engineering and Environmental Services
National Environmental Technologies
Babb & Associates, P.A.
$60,834
$47,850
$75,000
A copy of the contract is on file in the Legal Department.
Acceptance of Foster Grandparent Program Grant for the Department of Aging and Approval
of Budget Amendment #98-0037
The Commissioners authorized acceptance of a Foster Grandparent Program grant from
National Services in the amount of$114,000 and approved the associated budget amendment. Since
the grant was received three months into the fiscal year, 85% of$114,000 ($96,899) will be received
with an in-kind match of $29,045. The grant is continuing and will be renewed annually. New
Hanover County was chosen as one of only 25 applicants nationwide to receive a grant. The program
will offer work/volunteer opportunities for low income seniors while helping disadvantaged children.
Budget Amendment #98-0037 - Aging-Foster Grandparent Program
Debit
Credit
Aging-Foster Grandparent Program
Foster Grandparent Grant
$96,899
Temporary Salaries
FICA
Employee Reimbursements
Training and Travel
Volunteer Auto Expense
Volunteer Stipends
$17,963
1,374
482
1,018
8,176
67,886
Purpose: To establish a budget for the Foster Grandparent Program grant awarded to the
Department of Aging.
Adoption of Resolution to Award Contract #98-0136 to Midwesco Filter Resources, Inc. for
the Purchase of Bags and Cages for the Baghouse at the W ASTEC Facility - Environmental
Management
The Commissioners adopted a resolution awarding Contract #98-0136 to Midwesco Filter
Resources in the amount of $67,890.48 to purchase 1,024 filter bags and 1,024 cages for the
Baghouse at the W ASTEC Facility. Contract approval is made under the sole source provision of
NCGS 143-129(f). The Chairman was authorized to execute the necessary contract documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 7.
A copy of the contract is on file in the Legal Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 137
Adoption of Resolutions to Add Roads to the State Highway System
The Commissioners adopted resolutions to add roads in the following subdivisions to the
State Highway System:
Sentry Oaks Subdivision
Beacon Woods Subdivision
Copies of the resolutions are hereby incorporated as part of the minutes and are contained in
Exhibit Book XXIV, Page 7.
Approval of Budget Amendment #98-13 - Controlled Substance Tax Capital Project - Sheriff's
Department
The Commissioners approved the following budget amendment:
#98-13 Controlled Substance Tax Capital Project
Debit
Credit
Controlled Substance Tax Capital Project
Controlled Substance Tax
$7,931
Capital Project Expense
$7,931
Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds
are budgeted as received and must be used for law enforcement activities as the Sheriff deems
necessary.
Authorization to Extend Evaluation Grant for the Criminal Justice Partnership Program
The Commissioners authorized submittal of a grant application to the N. C. Department of
Correction to extend the Evaluation Grant for the Criminal Justice Partnership Program. Due to a
late start-up date of the original grant, the minimum 100 cases were not received by the Day
Sentencing Center; therefore, the County should reapply for the unspent grant funds. If the grant is
approved, the unspent funds from the previous grant period will be transferred to the new grant.
PRESENTATION OF "COGENERATION PROJECT OF THE YEAR AWARD" TO THE
W ASTEC FACILITY
Mr. Walter E. Johnson, International Vice-Chairman of the Cogeneration and Alternative
Power Committee of the Association of Energy Engineers, reported each year awards were presented
to outstanding companies throughout the world for projects that advance the causes of energy
management in an environmentally sound manner. Awards have been presented to Dupont, the City
of Beijing, China, and the City of Manilla.
The W ASTEC Facility has succeeded in taking a stream of waste material and converting the
steam into electricity which has doubled the efficiency of energy production performed by larger
companies. The W ASTEC Facility has been nominated twice and was chosen this year to receive the
"Cogeneration Project of the Year Award".
New Hanover County will receive several benefits from this award. The Association of
Energy Engineers sponsors tours of dignitaries from third-world counties to visit the United States
and learn about energy management and the procedures being used by various companies. The
United States Department of Energy will place the W ASTEC Facility on the tour schedule.
Mr. Johnson congratulated Mr. Ray Church and Mr. John Hubbard for being selected to
receive the award.
Chairman Greer, on behalf of the Board, expressed appreCiatIOn to the Director of
Environmental Management, Ray Church, and Plant Manager, John Hubbard, for bringing this
outstanding honor to New Hanover County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 138
AUTHORIZATION FOR THE COUNTY MANAGER TO ENTER INTO NON-BINDING
NEGOTIATIONS WITH HANNAFORD, INC. FOR THE PURCHASE OF THE
HANNAFORD BUILDING LOCATED ON THE MILITARY CUTOFF ROAD TO BE
USED AS THE NORTHEAST BRANCH LIBRARY
Mr. Fred Lapitino, Chairman of the New Hanover County Library Advisory Board, reported
the Library Advisory Board unanimously approved a recommendation for the County to consider
acquiring the Hannaford Building on Military Cutoff Road to replace the Plaza East Branch Library.
A report was presented that resulted from a joint effort between the Library Advisory Board
and a comprehensive Task Force comprised of representatives from the Library staff, Friends of the
Library, the Northeast Library Action Committee, and the County Manager's office. The report
contains a comparative analysis oflibrary needs, financial considerations, feasibility of other library
sites, and support from civic sources.
The decision made by the Task Force to relocate the temporary Plaza East Branch Library
to the Hannaford Building was based upon the following conclusions:
1. The Hannaford site would provide library service to the residents of Wrightsville Beach,
Greenville Sound, Ogden, and the Military Cutoff Road subdivisions.
2. The building is already in place with maximum renovation costs of$60 per square foot. The
cost of a new building would be $125 per square foot.
3. The Hannaford building consists of 40,000 square feet with only 20,000 square feet needed
for the Northeast Branch Library. The additional 20,000 square feet could be used by the
County to fulfill other space needs.
4. After a complete review of the Hannaford site and other properties owned by the County near
Laney High School, Ogden Park, and the Military Cut-Off Road, it was found that the
Hannaford site would be the least costly. The initial cost of$4 million includes $2.8 million
payable to Hannaford and $1.2 million for renovations. This cost will be reduced by $1
million in donations and $500,000 from the sale ofthe Military Cut-Off Road property owned
by the county.
In closing, Mr. Lapitino advised if the Hannaford Building is purchased, the County will
receive twice as much space for a lower cost. Time is of essence because Hannaford has indicated
that if the County does not proceed with negotiations, there are other interested buyers.
Mr. Larry Fried, representing the Northeast Library Action Committee, expressed
appreciation to the Board for providing the Committee an opportunity to present the report. He
advised the Northeast Library Action Committee was a group of residents from homeowner
associations and developments in the northeast quadrant of the county who have given of their time,
energy, and talents to work with the County in bringing a branch to this area of the County. The need
for the branch library has been well established. The Plaza East Branch Library is too small to
accommodate the population of the area, and the downtown Library is too far for many of the
residents to travel. He advised the Library Advisory Board established the Northeast Branch Library
as its number one priority. The County recognized this need in 1990 and purchased a site on the
Military Cut-Off Road; however, an unusual opportunity developed with the purchase of the
Hannaford Building in the Landfall Shopping Center. The company has graciously committed to a
significant reduction in the market price for the building to be used as a branch library. The financial
analysis of available sites demonstrates that the Hannaford site is the best buy. A vote to purchase
the Hannaford property will result in a savings to New Hanover County in lieu of constructing a new
building. The Northeast Library Committee respectfully requests the Board of County
Commissioners to authorize the County Manager to enter into negotiations with Hannaford, Inc.
Commissioner Birzenieks asked if $1 million could be raised from private sources?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 139
Ms. Betsy Olive, Chairman of the Fund Raising Committee, responded that she was confident
the $1 million goal could be met.
Commissioner Davis commented on the savings to New Hanover County with the purchase
of the Hannaford Building, and he expressed appreciation to the groups and neighborhoods who have
given of their time to study the site location and commit to raising $1 million for the project.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to authorize
the County Manager to enter immediately into non-binding negotiations with Hannaford, Inc. for
purchase of the Hannaford Building to be used as the site for the Northeast Branch Library. Upon
vote, the MOTION CARRIED UNANIMOUSL Y.
Mrs. Jane Freeman, a member of the Northeast Library Committee, congratulated the Board
for taking this courageous action and expressed appreciation to the Commissioners on behalf of the
citizens and children living in this section of the county.
Chairman Greer expressed appreciation to the members of the Northeast Library Committee
and Library Advisory Board for the work given on the project. He commented on this being a
public/private concept and stated hopefully a price could be negotiated with Hannaford to allow the
County to purchase the building.
DISCUSSION AND ESTABLISHMENT OF A SOLID WASTE ADVISORY COMMITTEE
Director of Environmental Management, Ray Church, advised that Staff has prepared a
resolution to be considered by the Board for establishment of a Citizens Solid Waste Advisory Board
charged with the following duties:
· To review with County staff all information relevant to solid waste collection and disposal.
· To evaluate and recommend short/long-range plans for waste disposal, including W ASTEC,
the Landfill and recycling expansions or additions with considerations given to any
economical alternatives.
· To evaluate and recommend public service programs for litter control.
· To evaluate and make recommendations regarding a long-range comprehensive collection
program.
· The Advisory Board shall consist of 15 members, including a Chairman, Vice-Chairman, and
Secretary as elected by the Advisory Board membership. The membership shall include
persons selected from the following groups: engineering/technical; medical/scientific; legal;
financial/accounting; academic; waste haulers; industry/institution; commercial; trade
association representative, such as builders, restaurant, hotels/motels, etc.; local civic,
community or environmental organizations; county and municipal managers; county and
municipal staff; Keep America Beautiful; and a citizen representative.
· The members of the Advisory Board shall be residents of New Hanover County with concern,
interest and/or expertise in managing solid waste.
· The members shall be appointed for three-year terms with an unlimited number of terms.
· The membership of the Advisory Board shall consists of eleven (11) persons appointed by the
New Hanover County Board of Commissioners and four (4) persons appointed by the
municipal governments.
Director Church stated he would be glad to answer any questions.
Vice-Chairman Caster asked if persons should be appointed to serve unlimited terms?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 140
Clerk to the Board, Lucie F. Harrell, responded it was unusual for a person to be appointed
to serve an unlimited term. She advised the normal procedure was to appoint a person to serve one
three-year term with that person being eligible to be considered for reappointment to serve another
three-year term when the first term expired.
A lengthy discussion followed on involving more business representatives and citizens from
the community. County Manager O'Neal recommended appointment ofa County Commissioner to
serve on the Solid Waste Advisory Board to assist with providing direction on complex issues.
Further discussion was held on the duties of the Advisory Board. Director Church
recommended requesting the committee to review available options to reduce the waste stream such
as: (1) would it be cheaper to carry trash out of New Hanover County; (2) should a
construction/demolition processing facility be built; (3) should the W ASTEC Facility be expanded;
and (4) a complete review of recycling efforts.
Chairman Greer commented on being confused and stated he thought an Advisory Task Force
would be established to study the best approaches to better manage solid waste, similar to the Task
Force appointed to review the hospital. He expressed concern for appointing a banker, lawyer, or
engineer to serve on an advisory board and suggested appointing a representative from each
municipality because of the impact of solid waste on each governmental entity. Also, more
representatives should be appointed from the waste haulers.
Motion: After a lengthy discussion, Vice-Chairman Caster MOVED, SECONDED by Commissioner
Birzenieks to establish a Solid Waste Advisory Committee comprised of two (2) representatives from
the City of Wilmington; one (1) representative from the Town of Carolina Beach; one (1)
representative from the Town ofKure Beach; one (1) representative from the Town ofWrightsville
Beach; two (2) representatives from the waste haulers; seven (7) representatives from the
community; and one (1) County Commissioner. The study is to be completed by January 31, 1999,
and the County Manager is to prepare a charge for the Committee to be presented to the Board for
final approval on the best approaches to use in addressing solid waste issues and reducing the waste
stream. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
DISCUSSION OF COUNTY OFFICES BEING REMOVED FROM THE DOWNTOWN
AREA
Mr. Jim Quinn, representing DARE, Inc., expressed concern for the initiative being made by
the County to purchase property on Shipyard Boulevard from BellSouth to relocate several county
departments out of the downtown area. He requested the Board to consider allowing DARE an
opportunity to work with staff to see if adequate space and parking could be found in downtown
Wilmington.
Mr. Mike Bradley, a member of the DARE Board, reported on attending the meetings ofthe
Cape Fear River Corridor Study Committee, the Chamber of Commerce Planning Committee, and
the Downtown Vision 20/20 Planning Committee. He advised that each planning group had
recognized the importance of the New Hanover County Planning Department and the City of
Wilmington Planning Department working jointly to develop future planning efforts for the
downtown area and entire county. Concern was expressed for the distance between the two planning
departments ifthe County relocates its department. He requested the Board to allow DARE to work
with staff to see if space could be found in the downtown area.
Discussion was held on the number of employees that would be moved to the BellSouth
Building on Shipyard Boulevard. County Manager 0 'Neal advised that 75 to 100 employees would
be located in the building; however, most of the employees report in the morning and leave their
offices to work in the field during the day. Consequently, the impact to the local economy would not
be significant.
County Manager O'Neal presented a report on space needs for the District Attorney, Clerk
of Courts, Register of Deeds, Elections, Inspections Department and Sheriff's Department. With
continued growth in the Court System, space will have to be found to accommodate new employees.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 141
The BellSouth Building on 4th Street will accommodate the Sheriff's needs. The BellSouth Building
on Shipyard Boulevard contains 40,000 square feet of well constructed space and 250 parking lots.
The Inspections Department, Planning Department, Engineering Department, and Water and Sewer
Department would be relocated to this building. This would resolve the parking problem for persons
in need of inspection services and also provide an opportunity to add two additional floors in the
future. If the building is purchased, BellSouth would lease back 20,000 square feet of space for one
5-year term which would cover the debt service for that period of time, and the Annex Building
would be available to meet many of the current space needs. BellSouth has requested the County to
purchase the two properties by December 31, 1997.
Chairman Greer expressed concern for purchasing the Hannaford Building and the BellSouth
Building located on Shipyard Boulevard. He stated it may not be prudent to purchase both buildings
at this time.
Further discussion was held on the request by DARE. County Manager O'Neal recommended
postponing action on the purchase of the BellSouth properties until October 20, 1997, in order to
allow staff to spend time with DARE to see if space can be found in the downtown area.
Motion: After further discussion, Vice-Chairman Caster MOVED, SECONDED by Commissioner
Birzenieks to authorize the County Manager to meet with DARE officials to see if space can be found
in the downtown area, and direct staff to develop a comprehensive report on the use and financing
of the Hannaford Building and BellSouth Buildings. The recommendation is to be presented to the
Board on October 20, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Howell recommended scheduling a tour of the Register of Deeds, Clerk of
Courts, Inspections, and offices in the Annex Building. County Manager O'Neal advised that he
would be glad to plan a tour within the next week.
Discussion followed on acquisition of the Perry Brothers Tire Service Building for use as an
auto body/repair program for Cape Fear Community College. Commissioner Birzenieks
recommended taking action on this acquisition.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to purchase
the Perry Brothers Tire Service Building with repayment to the County by Cape Fear Community
College. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Birzenieks emphasized the importance of developing a comprehensive long-
range space plan for New Hanover County, and he urged the County Manager to move forward with
developing a plan.
Commissioner Davis agreed and stated before purchasing the buildings, the exact use of space
and financing should be well defined.
Chairman Greer commented on the commitment by the County to purchase the 3rd floor of
the BellSouth Building located at the corner of 4th and Princess Street for use by the Sheriff's
Department and stated he felt the Board should determine the exact use of this space. Also, the
Board should consider the fact that approximately $46,000 will be removed from the tax roll when
these properties are purchased.
BREAK
Chairman Greer called a break from 8:05 P.M. until 8:25 P.M.
ADOPTION OF RESOLUTIONS IN SUPPORT OF THE NOVEMBER 4, 1997, SCHOOL
AND CAPE FEAR COMMUNITY COLLEGE BOND REFERENDA
County Manager O'Neal requested the Board to adopt resolutions in support of the $125
million New Hanover County School Bond Referendum and $38.3 million Cape Fear Community
College Bond Referendum to be held on November 4, 1997.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 142
Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt
resolutions of support for the School Bond and Cape Fear Community College Bond referenda.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolution are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXIV, Page 7.
PUBLIC HEARING TO CONSIDER A REQUEST BY HENRY MCNEIL TO REZONE
FIVE (5) ACRES LOCATED AT 6634 CAROLINA BEACH ROAD TO CONDITIONAL
USE B-2 BUSINESS FOR MINI-WAREHOUSING FROM R-15 RESIDENTIAL
(APPEALED CASE Z-606 7/97)
Chairman Greer opened the Public Hearing and announced that a conditional use zoning
requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Mary M. McEachern
Amos W. Mitchell
Planning Director Hayes reported the Planning Board first heard this petition at its July
meeting. Due to concerns from adjacent property owners in Lords Creek Subdivision, the applicant
asked the Planning Board to table the request for 30 days so discussion could be held with property
owners in surrounding neighborhoods. The Planning Board agreed and rescheduled the hearing for
August 7, 1997.
At the August meeting of the Planning Board, the applicant reported he had met with the
developer of Lords Creek, who in turn met with residents, builders, sales representatives and others
involved with the subdivision to see if anything could be done to make the plan amenable to all
concerned parties. Despite the willingness of the applicant to commit to additional design controls,
the Planning Board voted unanimously to recommend denial. The Planning Board felt that rezoning
the site would be inconsistent with the Land Use Plan and lead to similar requests that would make
it difficult to prevent strip commercial development. There were also concerns about encroachment
into residential areas, extending the B-2 District across the street, and the large amount of impervious
coverage.
Attorney Mary McEachern, representing the petitioner Henry McNeil, reported many of the
surrounding property owners were not opposed to locating a self-service storage facility on the
proposed site. A copy of a petition reflecting the signatures of adjoining property owners in favor
of the use was presented to the Board. Many of the surrounding property owners felt the use might
enhance adjoining properties making it more desirable to perspective buyers by offering convenient
access to an attractive self-service storage facility in the vicinity.
A majority of new development in the vicinity is small homes, approximately 1,300 square
feet, that are purchased by first-time buyers and retirees. Storage space is limited in these homes and
the placement of a convenient self-service storage facility would be an asset to the area. Also, the
property is located immediately adjacent to the western side of heavily traveled U.S. Highway 421
and is unsuitable for residential development, particularly with the noise level. The denial of the
petitioner's conditional use permit would effectuate a severe injustice.
Attorney McEachern commented on the spot zoning issue referenced by the Planning Board
and stated spot zoning arises where a small area surrounded by property of a similar nature is placed
arbitrarily in a different use zone from that governing the surrounding property. As evidenced by the
map, there are numerous commercially zoned parcels scattered throughout the area that are
approximately the size of the petitioner's property. Some of the parcels are zoned commercially on
both sides of the highway. If this request is denied, it would be difficult for a Court to rule in favor
of the County without ruling that surrounding properties are an example of spot zoning. Other
factors to consider in determining whether the proposed use is spot zoning are the size of the parcel,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 143
compatibility of the proposed use with the existing comprehensive zoning plan, and the benefits
resulting from the use to the surrounding community.
The proposed self-service storage facility comports nicely with the developing high density
district where houses are small and storage space is a premium. In the Allgood lawsuit heard by the
North Carolina Supreme Court, the comprehensive zoning plan was adopted in 1971 when the
property was located in an area of undeveloped land served by a two-lane highway. When the
property was rezoned, it was near an intersection with heavily traveled highways in a sewer district
surrounded by multi-family housing. This is a similar situation to the request submitted by Mr.
McNeil. The property is located on a four-lane highway in a high density residential development
served by sewer. The Board of County Commissioners should follow the logic rendered by the Court
in the Allgood lawsuit and uphold the conditional use permit.
Attorney McEachern submitted a report showing where some communities have zoning
regulations that apply only to storage facilities. These facilities lack many of the conventional
commercial qualities that would deem them unwelcome in residential settings. The buildings are low,
flat one-story structures that can be designed to compliment surrounding residential communities.
Large trucks do not use a storage facility of this type and very little traffic would be generated from
the use.
Attorney McEachern requested the Board to approve the conditional use permit for placement
ofthe self-service storage facility even if conditions or modifications have to be made to the site plan.
She stated if the petitioner is not allowed to use his property for the proposed use, he will suffer
severely by being forced to construct residential housing in an undesirable location.
Vice-Chairman Caster requested Planning Director Hayes to explain the five-acre
requirement.
Planning Director Hayes responded the Zoning Ordinance requires a minimum district size
before a particular zoning district can be established. The regulations have nothing to do with the size
of the property, but the district. In this case, there are no adjacent parcels ofland that are zoned B-2
Business. Consequently, the site would have to be at least five acres before the B-2 District could
be established.
Vice-Chairman Caster noted that Attorney McEachern had made some excellent points and
he asked why the Planning Board denied the request?
Planning Director Hayes advised the scale and size of the project was of concern to the
Planning Board. Approximately 100 percent of the site would have to be cleared to accommodate
the number of proposed structures. The project as proposed would create 50,000 square feet of
impervious coverage which is an intense land disturbing use. Also, the facility is located at the
entrance of a new subdivision.
Chairman Greer asked if any other persons sworn in would like to comment. The following
remarks were received.
Mr. Amos W. Mitchell, an adjacent property owner, reported this property had been in his
family for 50 years. He stated the land had not been sold because he plans to retire and build a home
on the property for himself as well as his brothers and sisters. Concern was expressed for potential
devaluation of the property with a mini-storage facility located next door, particularly if his home
was sold at a future date.
In closing, Mr. Mitchell advised that six months ago he received a 15-page survey being
conducted by the University of North Carolina asking if the property would be maintained in its
current condition because of concern for commercialization of the area. His response to the survey
was that current residential zoning would be maintained on the land so he could construct a home
on the property. He requested the Board to deny the rezoning request.
Chairman Greer closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 144
Chairman Greer objected to locating a business in a residential area and stated he could not
support the request.
Motion: Commissioner Birzenieks agreed and MOVED, SECONDED by Chairman Greer to DENY
the conditional use zoning because the proposed use would be inconsistent with the Land Use Plan
for the area. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Greer
Voting Nay: Vice-Chairman Caster
PUBLIC HEARING TO CONSIDER A REQUEST BY JACKSON LANDSCAPING TO
REZONE .97 OF AN ACRE LOCATED AT 7741 MARKET STREET TO CONDITIONAL
USE B-2 BUSINESS FOR A LANDSCAPING SERVICE AND OFFICE FROM R-15
RESIDENTIAL (Z-609, 9/97)
Chairman Greer opened the Public Hearing and announced that conditional use zoning
requires a quasi-judicial hearing; therefore, anyone wishing to testify must be sworn in by the Clerk
to the Board.
The following persons were sworn in:
Cindee Wolf
William (Buddy) Jackson
Planning Director Hayes reported the Planning Board voted 5 to 0 to recommend approval
of the petition as submitted. The site plan and planned land uses provide adjacent residential
properties adequate protection from commercial encroachment. The existing and emerging land use
pattern along this stretch of Market Street made conditional use zoning a logical choice at this
location. Due to a conflict, Chairman Shanklin excused himself from discussing or voting on the
request. There was no opposition present.
Chairman Greer asked if the petitioner would like to comment?
Ms. Cindee Wolf, a landscape architect working with the petitioner, reported this portion of
Highway 17 was not suitable for residential use because of the noise and traffic. She stated the
building would be 2,500 square feet to house general offices, a small landscape contracting service,
and a rear-loading garage for equipment storage. Heavily landscaped buffers will be placed along
the side lines and street yards to serve as an attractive separation of the land uses around the site. She
requested the Board to approve the Conditional Use B-2 Business zoning.
Mr. Buddy Jackson, owner ofJackson Landscaping Company, reported the facility would be
used specifically for professional office use. The company provides landscape design, consulting, and
landscape installation. Eventually, the landscaping service will be phased out. He requested the
Board to approve the Conditional Use Zoning which is a lower impact use in this transitional area.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to rezone .97 of
an acre located at 7741 Market Street to Conditional Use B-2 Business from R-15 Residential. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Vice-Chairman Caster
Voting Nay: Chairman Greer
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREANO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED JULY 6, 1997 is hereby incorporated as a part of the minutes and is contained in Zoning
Book II, Section 4, Page 34.
BOOK 26
PAGE 145
Director Hayes presented the following staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A. The property is located in the Ogden Volunteer Fire Department District.
B. The site has direct access to Market Street.
C. Water and sewer services will be provided by an on-site well and septic tank.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. A site plan meeting the minimum requirements has been submitted.
B. A tree inventory has been completed. Land disturbance and related clearing will be
limited to the building envelope and parking area.
C. The proposed building height is 10.9 feet. This equates to a 30-foot side yard setback and
rear 40.6 yard setback. A 20-foot buffer is proposed.
D. The applicant proposes additional street scape plantings. As a result, a 25% reduction in
the front yard setback for the parking lot and principal use is proposed. This meets the
minimum Special Highway Overlay District requirements.
E. Off-street parking is provided at the required ratio.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. The property has direct frontage along Market Street.
B. Adjacent properties are developed with housing, or the lots are vacant.
C. Commercial uses are located on properties to the northeast and southeast.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with plan of development for New Hanover County based
upon the following findings:
A. There is a mixture of commercial and residential land uses along this stretch of Market
Street. The emerging land use pattern appears to favor commercial and related non-
residential uses.
Chairman Greer asked Mr. Jackson ifhe concurred with the staff findings as presented by the
Planning Director?
Mr. Jackson agreed with the findings as presented.
Chairman Greer closed the Pubic Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 146
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to grant the
Special Use Permit based upon the evidence presented concluding that the use will not materially
endanger the public health or safety iflocated where proposed and developed according to the plan
submitted and approved; the use meets all required conditions and specifications of the Zoning
Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the
use is a public necessity; and the location and character of the use, if developed according to the plan
as submitted and approved, will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 21.
PUBLIC HEARING TO CONSIDER A REQUEST BY WARREN WILSON TO
CONSTRUCT A 3,100 SQUARE FOOT CHILD DAY CARE CENTER AT 6102 GORDON
ROAD (S-414/ 9/97)
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes
Warren Wilson
Stephanie Brown
Donna S . Worrell
Planning Director Hayes reported the Planning Board voted unanimously to recommend
denial of the applicant's petition. In support of that position, the Planning Board pointed out that
traffic generated by the facility, especially at peak periods of the day, would further erode the safety
of current traffic conditions on Gordon Road. Also, there was concern that the proposed use would
be incompatible with surrounding residential uses.
The Planning Board discussed options that might lessen anticipated traffic impacts, such as
adding turn lanes, requiring safer road alignments, and limiting the hours of operation; however, it
was concluded the requirements would not be adequate.
A petition from several nearby and adjacent property owners was submitted to the Planning
Board requesting denial of the request because they felt the use would increase traffic in an area
already heavily congested, and the facility would be incompatible with the surrounding area.
Chairman Greer asked if the petitioner would like to comment?
Mr. Warren Wilson, a resident of the Wildflower Subdivision, presented an information
packet, and reported the day care center would be an AA licensed facility, which is the highest
standard required in the State of North Carolina. Quality child care services to preschool age children
would be offered to parents living in Gordon Woods, Meadow Brook, Weaver Acres and other
nearby residential subdivisions. He advised that Ms. Stephanie Brown, his business associate, would
address the concerns expressed at the Planning Board meeting.
Ms. Stephanie Brown addressed the following concerns:
1. Noise from the Playground: The plan is to construct an 8-foot wooden fence to serve as a
noise buffer. Property setbacks are 25 feet on all sides and the playground would be greater
than 25 feet on the backside adjacent to property owned by Mr. and Mrs. Worrell. The fence
should adequately reduce the noise level from the playground.
2. Setback requirements for the business would guarantee no infringement or injury in value to
the adjacent properties.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 147
3. The architecture of the day care center will be compatible with housing in the surrounding
neighborhoods.
4. Hours of Operation: The revised hours of operation would be from 6: 00 AM. until 7: 00 P.M.
Some day care centers are opened until 12:00 midnight to accommodate working parents.
5. Traffic: Increased traffic congestion has occurred in every section of New Hanover County,
but land development continues. At the Planning Board meeting held on September 4, 1997,
a suggestion was made by the petitioner to add a turn lane for the proposed facility; however,
no consideration was given to the recommendation. An application for a driveway permit is
under review by the local Department of Transportation office. It appears there will be no
problem with the permit being issued. During business hours, the flow of traffic to the day
care center would be staggered because all parents do not arrive at the same time to drop off
or pick up children. Very little or no business would occur between the peak traffic hours of
8:00 AM. and 5:00 P.M.
6. The entrance and exist driveways to the building would be offset to avoid being directly
across from Gordon Woods Subdivision. The offset of the driveways coupled with a turn
lane should help to relieve traffic congestion.
7. A reduction of the Speed Limit to 45 miles per hour on Gordon Road would be an alternative
that should be explored now or in the future.
In closing, Ms. Brown reported the application meets the four general requirements needed
for issuance of a Special Use Permit. The Board was requested to review the issues carefully and
apply the same restrictions to all business facilities trying to locate on Gordon Road. The use is
needed in the area and meets the conditions of the Zoning Ordinance.
Mr. Wilson advised the day care center would be a one-floor facility that would be
compatible with houses in the surrounding neighborhoods. The facility will not injure adjacent
properties, and more day care services are needed in this area. He requested the Board to approve
the Special Use Permit.
Chairman Greer asked if other persons sworn in would like to comment.
Ms. Donna Worrell, an adjacent property owner, marked as Parcel F on the map, reported
the property had been in her husband's family for almost fifty years. The majority of residents that
live on White Road are elderly retired persons. The noise and traffic created by location of a day care
center of this size would be intolerable for these residents. Presently, it is almost impossible to access
Gordon Road when leaving White Road. The additional traffic generated by the day care facility will
only increase this problem. The Board was requested to deny granting a Special Use Permit for the
proposed use, which will negatively impact surrounding neighborhoods.
Commissioner Howell asked Mr. Wilson ifhe contacted the adjacent property owners about
placement of the proposed day care center on the site?
Mr. Wilson advised that he did not contact adjacent property owners about the proposed use.
At the Planning Board meeting, there were some concerns voiced by people from the area with the
major opposition expressed by Ms. Worrell. He noted there were only a few houses adjacent to the
property and stated in the back, there will be more than a 25-foot setback from the playground to Ms.
Worrell's property.
Commissioner Howell asked if anyone lived on the site marked as Parcel E on the map?
Ms. Worrell reported that Marjorie Stevens owned Parcel E, which is L-shaped, and advised
her children will be placing a mobile home on the property. She advised that Ms. Stevens signed a
petition in opposition to the proposed use, but could not attend the meeting because of poor health.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 148
Commissioner Howell asked how many people signed the petition?
Ms. Worrell responded ten property owners, and stated because of her health she was not able
to contact many of the property owners in the surrounding neighborhoods.
Planning Director Hayes presented the following staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A. The proposed facility will be served by county sewer and community water.
B. The site is located in the Ogden Volunteer Fire Department District.
C. The property fronts along Gordon Road.
D. A State license is required and will not be issued until all requirements have been met.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. Child day care is permitted by Special Use Permit in the R-15 Residential District. The site
is zoned R-15.
B. A site plan pursuant to the local Zoning Ordinance has been submitted:
-Access to the site is such that drop-offs and pick-ups can be made without backing
into the street.
-Off-street parking is provided at sufficient ratios.
- The play area is to the rear of the principal structure and is enclosed with a 4- foot
fence.
-A site identification sign is indicated. The maximum size allowed is 12 square feet.
C. All required setbacks are met.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. The site is currently occupied by a vacant single-family dwelling. The applicant proposes
to demolish the structure.
B. Land to the north, east, and south is used for residential purposes. Land to the west is
vacant. Land on the north side of the street consists of single family subdivisions. A
church is located to the northeast.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A. Except for the church located on property to the northeast, there are no other large free-
standing non-residential buildings nearby.
B. The proposed facility is in close proximity to several densely developed residential
subdivisions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 149
Commissioner Howell informed Mr. Wilson and Ms. Brown that a Special Use Permit was
required to allow a commercial use of this type to be placed in a residential neighborhood. He stated
when a majority of the adjoining property owners feel that a day care center of this size would not
be compatible to the neighborhood because of noise and traffic in a heavily congested area, he would
have a difficult time voting for approval of the proposed use.
Chairman Greer asked Mr. Wilson if he concurred with the staff findings presented by the
Planning Director?
Mr. Wilson stated he agreed with the findings as read.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to DENY the
request because the use was incompatible and would not be in harmony with the residential uses in
the area. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order denying the Special Use Permit is hereby incorporated as a part of the
minutes and is contained in SUP Book II, Page 21.
PUBLIC HEARING TO CONSIDER A REQUEST BY WILLIAM TOWLES TO EXPAND
WHEEL ESTATES MOBILE HOME PARK BY ADDING SIX LOTS (S-415, 9/97)
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes
William Towles
Planning Director Hayes reported the Planning Board voted unanimously to recommend
approval of the mobile park expansion as submitted. The primary issue discussed by the Planning
Board was whether the park's new water system could support fire hydrants. Staff pointed out that
the main lines were probably too small (only 2 "); however, the Planning Board's motion for approval
included a condition that the Fire Marshal review the plan and determine whether hydrants could be
installed.
Staff met with the Fire Marshal the following day. He concluded that fire hydrants would not
be required because the existing 2 II lines did not meet the minimum requirements imposed by the State
for pressure or flow and the nearest adequately sized line was 1,200 feet away. Typically, a hydrant
needs to be connected to a line 6" in diameter or greater. There was no opposition present.
Planning Director Hayes presented the following preliminary staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A. The site is served by a community water system and county sewer.
B. The site has access via local streets connecting to Station Road.
C. The site is located in the Ogden Volunteer Fire Department District.
2. The Board must find that the use meets required conditions and specifications of the
Zoning Ordinance based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 150
A. Mobile home parks are permitted by Special Use Permit in the R-15 Residential District.
The site is zoned R-15.
B. The planned lots equal or exceed the minimum area required for mobile home spaces.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. The planned spaces are located within an existing mobile home park.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A. The existing park has been in continuous operation for a number of years. A minor
expansion would not cause a substantial change in the area's existing land use pattern.
Chairman Greer asked if the petitioner would like to comment?
Mr. William Towles, the petitioner, requested the Board to grant the Special Use Permit to
expand the existing Wheels Estates by six lots. He advised that since two well sites were no longer
used, he would like to expand the mobile home park to provide for three additional spaces for each
well site.
Chairman Greer asked Mr. Towles ifhe agreed with the findings as presented by the Planning
Director?
Mr. Towles agreed with the findings as read by the Planning Director.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant the
Special Use Permit as recommended by the Planning Board based upon the evidence presented
concluding that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved; the use meets all required
conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value
of adjoining or abutting property or that the use is a public necessity; and the location and character
of the use, if developed according to the plan as submitted and approved, will be in harmony with the
area in which it is to be located and in general conformity with the plan of development for New
Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 21.
PUBLIC HEARING TO CONSIDER A REQUEST BY WILLIAM TOWLES TO EXPAND
HIDDEN LAKES MOBILE HOME PARK BY ADDING SIX LOTS (S-416, 9/97)
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn in by the Clerk
to the Board.
The following persons were sworn in:
Dexter Hayes
William Towles
Planning Director Hayes reported the Planning Board voted unanimously to recommend
approval of the park expansion as submitted. The primary issue discussed by the Planning Board was
whether the park's new water system could support fire hydrants. Staff pointed out the main lines
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 151
were probably too small (only 3 "); however the existing ponds were ideal for the installation of dry
hydrants.
The Planning Board's motion included a condition that the Fire Marshal should review the
plan and determine whether hydrants could be installed, and if not, where dry hydrants should be
located. There was no opposition.
Planning Director Hayes presented the following staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A. The site will be served by community water and county sewer.
B. The site is located in the Ogden Volunteer Fire Department District.
C. The site has access via local streets to Military Cut-Off Road.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. Mobile home parks are permitted by Special Use Permit in the R-15 Residential District.
B. The planned lots equal or exceed the minimum required area for mobile home spaces.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. The planned spaces will be located within an existing mobile home park.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A. The existing park has been in continuous operation since 1981. A minor expansion would not
cause a substantial change in the area's existing land use pattern.
Chairman Greer asked if the petitioner would like to comment?
Mr. William Towles requested approval ofthe Special Use Permit to expand the mobile home
park by six lots.
Chairman Greer asked Mr. Towles ifhe concurred with the staff findings as presented by the
Planning Director?
Mr. Towles agreed with the findings as presented.
There being no further comments, Chairman Greer closed the Public Hearing.
Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to grant the
Special Use Permit as recommended by the Planning Board based upon the evidence presented
concluding that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved; the use meets all required
conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value
of adjoining or abutting property or that the use is a public necessity; and the location and character
of the use, if developed according to the plan as submitted and approved, will be in
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 152
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 21.
PUBLIC HEARING TO CONSIDER NAMING STATE ROAD 1938 TO EASTWOOD
SERVICE LANE AS REQUESTED BY W. B. WARREN AND OTHERS
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported that State Road 1938 was located approximately 400 feet
southeast of the Market StreetlEastwood Road intersection north. State Road 1938 has a 60-foot
right-of-way which serves access to several businesses and a home. Based on an informal petition
circulated, a majority of the neighbors agree with the name "Eastwood Service Lane". If the name
is approved, a street sign will be installed and street numbers issued by the County.
Chairman Greer asked if anyone from the public would like to comment.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt an
ordinance naming State Road 1938 to "Eastwood Service Lane". Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 7.
ADOPTION OF A RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING TO
CLOSE AN UNNAMED ALLEY IN VILLA VIEW SUBDIVISION
Planning Director Hayes reported that Skip Lowell had requested closing an unnamed alley
located in Villa View Subdivision, 125 feet east of Pavilion Place, south of Eastwood Road. The 10-
foot right-of-way is unimproved and is about 100 feet. He requested the Board to adopt a Resolution
ofIntent to hold a Public Hearing on November 3, 1997.
Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt a
Resolution ofIntent to hold a Public Hearing on November 3, 1997, to consider closing an unnamed
alley located in Villa View Subdivision. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXIV, Page 7.
POSTPONEMENT OF APPOINTMENTS TO THE NEW HANOVER COUNTY BOARD
OF FIRE COMMISSIONERS
Chairman Greer requested the Board to postpone appointments to the Board of Fire
Commissioners and request the Clerk to re-advertise the two vacancies since only two applications
were on file.
Consensus: It was the consensus of the Board to postpone appointments to the Board of Fire
Commissioners and request the Clerk to re-advertise the vacancies and place this item on the
November 3, 1997 agenda.
ADOPTION OF RESOLUTION REQUESTING THAT NEW HANOVER COUNTY
BECOME AN "ELECTING COUNTY" TO PARTICIPATE IN WELFARE REFORM
Chairman Greer requested the Board to adopt a resolution to request that New Hanover
County be selected as an "Electing County" to participate in a program to allow counties to develop
a plan for the Work First Families Assistance portion of the welfare program.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 153
County Manager 0 'Neal advised he felt the Board should be aware of the challenges involved
with becoming an electing county. He reported the current eligibility income system is statewide and
all persons receiving benefits are included in the system. As an electing county, the County will be
required to develop a separate eligibility income system for use in New Hanover County.
Currently, there is a single application process for persons to apply for assistance at the
Department of Social Services. These persons can apply to see if they are eligible to receive
Medicare, Medicaid, and Work First Family Assistance. Through efforts ofthe New Hanover County
Department of Social Services and MIS Department, the County developed a single application form
through automation efforts. If the County becomes an electing county, at least two or three separate
applications will be required.
The major difference between a standard county and electing county is the method used for
payment to eligible recipients of the Work First Family Assistance program. Under a standard
county, the State will issue checks. Currently, the County is required to issue the first check when
an individual becomes eligible for assistance. This information is then forwarded to the State with
all future checks being written and mailed to the recipients by the State. As an electing county, New
Hanover County will be required to issue at least 2,000 checks per month, which will double the
number of checks being written under the current system.
Another challenge in becoming an electing county will be to adhere to the short time frame
and keep the public well informed. The plan for New Hanover County must be prepared and
submitted to the State by February 1, 1998. With Thanksgiving and Christmas holidays, this will
reduce the number of working days.
County Manager 0 'Neal requested the Deputy County Manager to present the highlights of
the differences between an electing county versus a standard county.
Chairman Greer stated the presentation was not necessary because he felt the members of the
Board were in favor of becoming an electing county.
County Manager 0 'Neal advised that staff would spend the time necessary to prepare the
plan; however, he felt the Board should know the amount of work and changes that will occur in
administering the Work First Family Assistance under an electing county status.
Commissioner Birzenieks advised that County Manager O'Neal had presented some excellent
points; however, the Board philosophically was not in agreement with the current operation of the
welfare system. The Commissioners now has an opportunity to prepare a plan for New Hanover
County, and it incumbent for the Board to move forward with this challenge.
Chairman Greer noted that he had served on a statewide committee with many County
Commissioners throughout the State feeling that counties should be given more control over the
expenditure of dollars under welfare reform. He reported that preparing a plan for New Hanover
County would require a tremendous amount of work in a short period of time; however, the County
has an opportunity to develop a specific plan for New Hanover County, which is not only challenging
but exciting.
County Manager O'Neal expressed appreciation to Board for letting him point out the
drawbacks of becoming an elected county. He stated the opportunity is exciting and the process will
require a tremendous amount of work.
Chairman Greer reported a meeting sponsored by the N. C. Association of County
Commissioners in conjunction with the Institute of Governments will be held on October 16, 1997,
in Raleigh, N. C. to provide information on becoming an electing county. He encouraged the
members of the Board to attend the meeting if at all possible.
Motion: Chairman Greer stated he was proud to MOVE for the Board to adopt a resolution to
request that New Hanover County become an electing county to develop a welfare plan for the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 154
citizens of New Hanover County. Vice-Chairman Caster SECONDED THE MOTION. UPON
VOTE, THE MOTION CARRIED UNANIMOUSLY.
Discussion was held on the appointment of an Ad Hoc Committee as outlined in the enabling
legislation. Deputy County Manager, Andrew 1. Atkinson, advised the committee membership was
to include representatives from the Board of Social Services, Board of Health, Mental Health Center
Board, local school system, Board of County Commissioners, business community, and community
based organizations representative of the population to be served.
County Manager O'Neal recommended outlining how the Ad Hoc Committee should be
appointed and placing this item on the October 20, 1997, agenda.
Chairman Greer agreed and stated that the Department of Social Services would have to assist
with preparing the plan; however, the County Commissioners would determine how the plan was to
be developed.
ADDITIONAL ITEMS - COUNTY MANAGER
Approval of Waiver for Sewer Impact Fee for Elderhaus, Inc.
County Manager O'Neal advised that a request had been received from Elderhaus, Inc. to
waive the $750 sewer impact fee for an Elderhaus facility to be constructed on the Davis Nursing
Home property.
Commissioner Birzenieks requested to be excused from voting since he was a member of the
Elderhaus Board of Directors. He urged the Board to support the request because the services
provided by Elderhaus save New Hanover County a tremendous amount of money by keeping
persons out of nursing homes.
Consensus: It was the consensus of the Board to excuse Commissioner Birzenieks from voting on
this item.
Chairman Greer inquired as to how the impact fee was calculated?
County Engineer, Wyatt Blanchard, reported that impact fees for commercial ventures were
based upon the criteria required by the State. Since Elderhaus provides adult day care, the impact
fee would be based upon the expected number of clients.
Motion: Commissioner Howell MOVED, SECONDED by Chairman Greer to waive the sewer
impact fee in the amount of $750 for the Elderhaus facility to be constructed on the Davis Nursing
Home property and request the County Manager to provide a report on how the impact fee was
calculated. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Davis
Commissioner Howell
Vice-Chairman Caster
Chairman Greer
Excused: Commissioner Birzenieks
Discussion of Visit to the Weaver Center in Guilford County
County Manager 0 'Neal reported a date had been scheduled for the Board to visit the Weaver
Center in Guilford County; however, the furniture market was being held during that week and hotel
rooms were not available in the vicinity. He advised that Mr. Jarrott, an associate of the Weaver
Center, had agreed to visit Wilmington and make a presentation to the Board. He asked if the Board
would like to hear a presentation on the Weaver Center following a Thursday morning staff meeting?
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REGULAR MEETING, OCTOBER 6, 1997
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Consensus: It was the consensus of the Board for the County Manager to arrange for Mr. Jarrott
to make a presentation on the operation of the Weaver Center after a Thursday morning staff
meeting. Representatives from Board of Education and Cape Fear Community College should be
invited to attend the presentation.
Reminder of Sunny Point Tour
County Manager O'Neal reminded the Board of the Sunny Point tour scheduled for October
8, 1997, at 1:30 P.M.
Authorization for Staff to Purchase Personal Computers for the County Commissioners
County Manager O'Neal advised a memorandum had been forwarded to the Board on the
advantages of the Commissioners using lap top personal computers to better communicate with staff,
particularly through E-Mail. Emphasis was placed on the need for all five County Commissioners to
commit to using the computers with appropriate training.
County Manager O'Neal recommended scheduling two evening training classes if the Board
decides to purchase personal computers.
Chairman Greer and Vice-Chairman Caster spoke in favor of purchasing personal computers
because of the ability to better communicate through E-Mail and access to Internet, which will greatly
assist the members of the Board when the N. C. General Assembly and U. S. Congress are in session.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Howell to authorize the County
Manager to purchase lap top personal computers at an estimated cost of $3,000 each for the County
Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion followed on the scheduling the training sessions. It was agreed that training
sessions should be held in the evenings once the computers are purchased.
Tour Planned to Visit County Offices to Observe Space Needs
County Manager O'Neal advised that a tour had been arranged on Thursday, October 9,
1997, at 8:30 AM. for the Commissioners to visit the Register of Deeds, Elections, Clerk of Courts,
Inspections Department, Planning Department, Engineering Department, City/County Vice-Narcotics,
and Water and Sewer Offices to observe the crowded space conditions. He also recommended
visiting the BellSouth Building on Shipyard Boulevard.
Consensus: It was the consensus of the Board to meet in the Governing Body Office on Thursday,
October 9, 1997, at 8:30 AM to tour County offices.
Adoption of Resolution to Add Roads in Georgetowne Subdivision, Section 1 to the State
Highway System
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a
resolution to add Tollington Drive and Lawther Court in Georgetowne Subdivision, Section 1 to the
State Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 7.
Action Deferred on Declaration of Official Intent to Reimburse
County Attorney Copley requested the Board to adopt a Declaration of Official Intent to
reimburse the County when the Certificates of Participation financing has been completed.
Finance Director, Bruce Shell, recommended deferring action on this item until all projects
have been included in the Certificates of Participation financing.
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REGULAR MEETING, OCTOBER 6, 1997
BOOK 26
PAGE 156
Establishment of a Non-Profit Corporation as Required Under Certificates of Participation
Financing
County Attorney Copley requested the Board to establish and appoint the County Manager,
Finance Director, and one County Commissioner to serve as directors of the non-profit corporation
as required under the Certificates of Participation financing. She advised only two meetings would
be held annually. The non-profit corporation would be formed with an initial meeting scheduled and
an annual meeting scheduled at a later date.
Motion: After discussion of a suitable name for the non-profit corporation, Vice-Chairman Caster
MOVED, SECONDED by Commissioner Howell to establish a non-profit corporation to be called
the NHC (New Hanover County) Financing Corporation with the appointment of the County
Manager, Finance Director, and Commissioner Birzenieks to serve as directors of the non-profit
corporation. The County Attorney was requested to serve as the legal advisor. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to convene to
Closed Session pursuant to NCGS 143-318-111(3) to provide instructions to the County Attorney.
Chairman Greer convened from Regular Session at 11 :01 P.M.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reconvene to
Regular Session.
Chairman Greer reconvened to Regular Session at 11 :20 P.M. and reported that no action was
taken in the Closed Session.
Report on Joint City/County Utilities Committee
Vice-Chairman Caster reported that Commissioner Howell and he had meet with
Councilmember Hamilton Hicks and Councilmember Laura Padgett for the past year in an effort to
combine water and sewer utilities. The charge of the Committee was to develop an authority or some
independent group to operate a combined water and sewer utility.
Vice-Chairman Caster stated, in his opinion, the Committee had reached an impasse. At the
last meeting, Councilmember Padgett indicated that unless the County removes its offer to purchase
the Dobo water system, there would be no further discussion about combining water and sewer
services. He advised the County's time frame has expired to purchase the Dobo system; however,
Councilmember Padgett felt the purchase could be continued if the County verbally stated it wanted
to acquire the system.
Vice-Chairman Caster requested direction from the Board as to what procedure should be
followed at this point since both governing bodies adopted resolutions in October 1996 to develop
an independent entity to operate a combined water and sewer utility.
Commissioner Birzenieks asked if Councilmember Padgett was speaking on behalf of the
entire City Councilor for herself?
Vice-Chairman Caster stated he felt she was speaking for herself.
Commissioner Birzenieks advised that he felt it was incumbent upon the Board of County
Commissioners to communicate with the entire Wilmington City Council to inform the Council of the
Commissioners' desire to establish an independent entity for operation of a unified water and sewer
utility that would be in the best interest of every citizen living in the county.
Chairman Greer referenced negotiations that occurred between the City of Wilmington and
New Hanover County for the joint construction of the northside wastewater treatment plant which
included establishment of a separate water and sewer entity by a specific date as part of the contract.
The City requested the County to remove this requirement because both governing bodies adopted
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, OCTOBER 6, 1997
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PAGE 157
separate resolutions to establish an entity of this type by December 31, 1997. The County, in good
faith, removed the requirement, and now the City is not fulfilling its obligation.
Consensus: After discussion of the need to know if the entire City Council was opposed to creating
a separate entity to operate a unified water and sewer system, it was the consensus of the Board to
authorize the Chairman to write a letter to the Wilmington City Council requesting the Council to
fulfill its obligation as outlined in the resolution adopted by the City Council on October 15, 1996.
ADJOURNMENT
Chairman Greer adjourned the meeting at 11: 45 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board