1996-02-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 230
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 5, 1996, 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 Sandra Barone; WilliamA.
Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend E. J. George gave the invocation.
vice-Chairman Mathews led the audience ln the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that this portion of the agenda was
reserved to allow persons attending the meeting to introduce an
item not listed on the Regular Agenda or comment on an item listed
on the Consent Agenda. He requested all persons making
presentations to limit their remarks to three minutes.
No items or comments were presented.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Items 5 and
14-H for further discussion.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to remove Consent Agenda Item 5 and 14-H as requested by the
Chairman 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 Regular Meeting
of January 16, 1996, as presented by the Clerk to the Board.
Acceptance of 1995-96 HUD Grant for Human Relations
The Commissioners accepted the 1995-96 HUD Grant for Human
Relations in the amount of $7,600 and authorized the County Manager
to execute the grant agreement. Grant funds in the amount of
$5,000 will be used to attend HUD sponsored training workshops.
A copy of the grant agreement lS on file ln the Finance
Department.
Adoption of Resolution Authorizing the Finance Director to Dispose
of the Coulter Hematology System as a Trade-In on the Purchase of
a New Coulter System for the Health Department Laboratory and
Approval of Budget Amendment #96-0115
The Commissioners adopted a resolution authorizing the Finance
Director to dispose of the Coulter Hematology System pursuant to
N.C.G.S. 160A-267 as a trade-in (private sale) in the amount of
$3,435.50 on the purchase of a new Coulter Hematology System for
the Laboratory at the Health Department. The following Budget
Amendment was approved to budget funds for the purchase of the
replacement equipment:
#96-0115 Health/Lab
Health/Lab
Sale of Fixed Assets
Debit
Credit
$ 3,436
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 231
(Budget Amendment #96-0115 continued)
Salaries & Wages
Capital Outlay - Equipment
Debit
13,649
Credit
$17,085
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
Acceptance of Grant Award for the 1996 Cooperative Extension Summer
Program for School Age Children and Approval of Budget Amendment
#96-0113
The Commissioners accepted a grant award in the amount of
$40,000 from the N. C. Cooperative Extension 4-H Youth Development
Division for the 1996 New Hanover County Cooperative Extension
Summer Program for school age children. The following Budget
Amendment was approved to increase the budget for the grant award,
and the Chairman was authorized to execute the necessary grant
documents:
#96-0113 Cooperative Extension
Debit
Credit
Cooperative Extension
Cooperative Block Grant
$40,000
Cooperative Extension
Salaries
FICA
Medical Insurance
Supplies
Travel and Training
$29,060
2,230
1,610
3,000
4,100
Acceptance of N. C. Coastal Management Public Beach Access Grant
Award
The Commissioners accepted a N. C. Coastal Management Public
Beach Access grant award in the amount of $17,625. The County will
provide matching funds in the amount of $3,375 plus in-kind
services in the amount of $2,500. The funds will be used to
replace two fishing/observation piers, picnic tables, and parking
lot improvements at the Riverside Park near Castle Hayne, N. C.
Reclassification of Material Control Specialist to Safety Officer
-WASTEC Facility - Department of Environmental Management
The Commissioners approved the reclassification of a vacant
Material Control Specialist position to a Safety Officer position
at the WASTEC Facility to monitor the work habits of the employees
to ensure that safety guidelines are being followed.
Authorization for the Sheriff to Apply for a Federal Grant from the
N. C. Department of Crime Control and Public Safety - Sheriff's
Department
The Commissioners authorized the Sheriff to apply for a
federal grant in the amount of $64,275 from the N. C. Department of
Crime Control and Public Safety. If the grant is awarded, the
funds will be used to upgrade the Criminal Justice Information
System by installing a Consolidated Records Information System.
The grant will require a 25% match to be appropriated from Federal
Forfeited Property funds.
Acceptance of Discretionary Grant for the Criminal Justice
Partnership Program and Approval of Associated Budget Amendment
#96-0131
The Commissioners accepted a Discretionary Grant in the amount
of $36,720 for the Criminal Justice Partnership Program. The funds
will be used to renovate and purchase additional equipment for the
Day Sentencing Center. The following Budget Amendment was approved
and the Deputy County Manager was authorized to execute the
necessary grant documents:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 232
96-0131 Criminal Justice Partnership
Debit
Credit
Criminal Justice Partnership
Criminal Justice Grant
$36,720
Criminal Justice Partnership
Other Improvements
Capital Outlay
$10,000
26,720
Purpose: To increase the budget for Discretionary Grant awarded to
the Criminal Justice Partnership Program.
Adoption of Resolution Awarding Bid #96-0241 (Contract #96-0241) to
Carolina Telephone and Telegraph Company for Purchase of ROLM
Telephone System Upgrade
The Commissioners adopted a resolution awarding a bid in the
amount of $268,971.31 to Carolina Telephone and Telegraph Company
for the purchase of a ROLM Telephone System Upgrade for the New
Hanover County Administration Building, the New Hanover County
Annex Building, Social Services Building, and Building 2 of the
Health Department. Staff was authorized to sell surplus ROLM
telephone equipment as a trade-in. The equipment will be purchased
through installment financing with First Union National Bank. The
Chairman was authorized to execute the contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
Adoption of Resolutions to Add Roads to the N. C. Highway System
The Commissioners adopted resolutions to add the following
roads to the N. C. Highway System:
Indian Corn Trail and Tall Oaks Drive (Ratification)
Whitted's Circle
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 10.
Ratification of the Appointment of William Baugh to the New Hanover
Human Relations Commission
The Commissioners ratified the appointment of Mr. William
Baugh to serve as the Chamber of Commerce Representative on the New
Hanover Human Relations Commission as requested by the Commission.
The term will expire December 31, 1998.
Acceptance of the "Report of Disposals of Personal Property" for
the Period of July 1, 1995, through December 31, 1995, as Submitted
by the Finance Director
The Commissioners accepted the "Report of Disposals of
Personal Property" for the period of July 1, 1995, through December
31, 1995, as submitted by the Finance Director in accordance with
NCGS 160A-266(c).
A copy of the report is on file ln the Finance Department.
Approval of Budget Amendment #96-36 - Federal Forfeited Property -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-36 Federal Forfeited Property
Debit
Credit
Federal Forfeited Property
Federal Forfeited Property
$11,295
Federal Forfeited Property
Supplies
$11,295
Purpose: To increase the budget for additional revenue received.
Federal Forfeited Property funds are budgeted as received and must
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 233
be used for law enforcement activities as the Sheriff deems
necessary.
Approval of Budget Amendment #96-35 - Controlled Substance Tax -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-35 Controlled Substance Tax
Debit
Credit
Controlled Substance Tax
Controlled Substance Tax
$675
Controlled substance Tax
Supplies
$675
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.
Approval of Budget Amendment #96-0116 to Budget a Contribution to
Cape Fear Resource Conservation & Development, Inc.
The Commissioners approved the following Budget Amendment:
96-0116 Non-Departmental/Outside Agencies/Economic & Physical
Development
Debit
Credit
Non-Departmental
Contingencies
$1,000
Outside Aqencies/Economic & Physical
Development
Cape Fear Resource Conservation &
Development, Inc.
$1,000
Purpose: To budget a contribution to Cape Fear Resource
Conservation & Development, Inc., a non-profit agency that serves
Brunswick, Columbus, New Hanover, and Pender counties. The program
serves as a catalyst for local people and civic-oriented groups to
share knowledge and resources in a collective way to solve common
problems.
Approval of Budget Amendment #96-0105 to Budget Grant Award for
Riverside Park, Phase II - Parks Department
The Commissioners approved the following Budget Amendment:
96-0105 Parks
Debit
Credit
Parks
Riverside Park
$17,625
Other Improvements
$17,625
Purpose: To budget a grant awarded to the Parks Department for
Riverside Park, Phase II.
Approval of Budget Amendment #96-0117 - Health/Project Assist
The Commissioners approved the following Budget Amendment:
96-0117 - Health/Project Assist
Debit
Credit
Health/Prolect Assist
Contributions
$2,000
printing
Miscellaneous
$1,000
1,000
Purpose: To budget contributions for the "Commit to Quit" smoking
project for printing 15,000 brochures and funds for a $1,000 grand
prlze.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 234
Approval of Budget Amendment to Budget Child Fatality Prevention
Team Grant Funds - Health Department
The Commissioners approved the following Budget Amendment:
96-0118 Health Department/Child Health
Debit
Credit
Health Department/Child Health
CFPT State Grant
$1,358
Departmental Supplies
$1,358
Purpose: To budget the Child Fatality Prevention Team grant funds
for supplies associated with the program.
Approval of Budget Amendment #96-0120 for Transfer of Funds to New
Hanover County Schools
The Commissioners approved the following Budget Amendment:
96-0120 New Hanover County Schools
Debit
Credit
New Hanover County Schools
School Capital Outlay - Furniture/Equip.
School Capital Outlay - Vehicles
$18,000
$82,000
School Capital Outlay
Engineering Services/Feasibility
$100,000
Purpose: To transfer funds from Furniture/Equipment (Category II)
and Vehicles (Category III) to Architect/Engineering
Services/Feasibility (Category I) to perform a professional system-
wide survey of New Hanover County Schools' HVAC/Roofing needs as
requested by the Schools.
Approval of Budget Amendment #96-0124 Human Services
Transportation
The Commissioners approved the following Budget Amendment:
96-0124 - Human Services Transportation
Debit
Credit
Human Services Transportation
General Public Allocation Grant
$9,103
Human Services Transportation
General Public Allocation
$9,103
Purpose: To reduce the budget to actual amount of funds to be
received for Fiscal Year 1995-96.
Approval of Budget Amendment #96-0125 - Department of Aging
The Commissioners approved the following Budget Amendment:
96-0125 Department of Aging
Debit
Credit
Dept. of Aqinq/Senior Center
Other Revenue
$1,149
Dept. of aqinq/Senior Center
Contracted Services
$1,149
Purpose: To increase the budget for revenue received for
registration fees charged to attend fund rasing workshop presented
by June Durham.
Approval of Consent Agenda Item 5, Authorization for Purchase of
Incident Command and Mass Casualty Vehicle for the Department of
Emergency Management and Approval of Associated Budget Amendment
#96-0114
Chairman Greer inquired as to whether the Board of Fire
Commissioners had approved financing 50% of the incident command
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 235
vehicle, and he requested an explanation as to why this request was
being submitted during the middle of the year instead of through
the upcoming budget process?
Commissioner Sisson replied the 50% funding was approved by
the Board of Fire Commissioners contingent upon a 50% match by the
County.
County Manager O'Neal noted that an error had been made in the
agenda information and reported the 50% match should be $12,000
instead of $17,000. As to requesting a replacement vehicle during
the middle of the year, Staff has no problem with presenting the
request through the regular budget process; however, this vehicle
is a vital part of the emergency response efforts, particularly
when responding to fires, air crashes, and severe weather. He
advised the present vehicle was 24 years old and could not be
repaired.
Motion: After discussion of the need for this type of vehicle,
Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to
authorize the Emergency Management Department to proceed with
replacing the emergency vehicle at a cost of $24,000 and approve
the following Budget Amendment to transfer funds from the Fire
District and General Fund Contingencies. The floor was opened to
discussion.
Commissioner Barone stated since there are two vehicles, she
could not vote to replace the other vehicle.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
96-0114 Fire District/Non-Departmental/Emergency Management
Debit
Credit
Fire District
Appropriated Fund Balance
Transfer to General Fund
$12,000
$12,000
Emerqency Manaqement
Operating - Transfer In
$12,000
Non-Departmental
Contingencies
$12,000
Emerqency Manaqement
Motor Vehicle Purchases
$24,000
Approval of Consent Agenda Item 14-H, Budget Amendment #96-0123 for
Medical Services at the Jail - Health Department
Chairman Greer requested an explanation as to why medical
services had continued to increase at the jail with the recently
adopted medical fees.
Deputy County Manager, Andrew J. Atkinson, advised that fees
were implemented to reduce the number of inmates that were using
jail medical services with no real medical problems. During the
past year, unusual incidents and medical problems have occurred,
which have required expensive Emergency Room services and hospital
stays for a few of the inmates.
After discussion, the County Manager was requested to prepare
and forward a report reflecting the cost overrun of medical
services provided at the jail.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 236
Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to
approve the following Budget Amendment. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
96-0123 Non-Departmental Health/Jail
Debit
Credit
Non-Departmental
Contingencies
$42,500
Health/Jail
2,500
Contracted Services
$45,000
Purpose: To budget additional health fees and transfer contingency
funds to meet the increased need for medical services at the Jail.
RECOGNITION OF MICHELLE FIELDS AS THEME WINNER FOR HUMAN RELATIONS
MONTH
Chairman Greer, on behalf of the Board, presented a plaque to
Ms. Michelle Fields of D. C. Virgo Middle School, in recognition of
her theme to be used during Human Relations Month, "Don't Hate;
Communicate" .
Ms. Field was congratulated by each member of the Board and a
round of applause was given to her in recognition of this honor.
ADOPTION OF PROCLAMATION DECLARING FEBRUARY, 1996, AS HUMAN
RELATIONS MONTH IN NEW HANOVER COUNTY
Chairman Greer read the proclamation declaring February, 1996,
as "Human Relations Month" in New Hanover County and requested a
motion for adoption of the document. He encouraged all persons
present to attend the many events that have been planned for
celebrating Human Relations Month in New Hanover County.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the proclamation declaring the month of February, 1996, as
"Human Relations Month" in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Greer presented the resolution to the Chairperson of
the Human Relations Commission, Ms. Bessie Funderberg.
Ms. Funderberg expressed appreciation to the Board for support
of the Human Relations Commission during her four years of service,
and she urged everyone to recognize the need to develop better
human relations throughout the community every day of the year.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
ADOPTION OF PROCLAMATION DECLARING FEBRUARY 14, 1996, AS "BRIGADE
BOYS AND GIRLS CLUB DAY" IN NEW HANOVER COUNTY IN RECOGNITION OF
THE ORGANIZATION'S 100TH ANNIVERSARY
Chairman Greer read the proclamation declaring February 14,
1996, as "Brigade Boys and Girls Club Day" in New Hanover County in
recognition of its 100th Anniversary and requested a motion for
adoption of the document as read.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the proclamation declaring February 14, 1996, as "Brigade
Boys and Girls Club Day" in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Greer presented the proclamation to Mr. Gary Chadwick
and congratulated the agency for 100 years of volunteer service
given to help young people in New Hanover County.
Mr. Chadwick expressed appreciation to the Board for support
of the Brigade Boys and Girls Club. He reported the agency will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 237
continue to provide assistance to youth from all
particularly those from disadvantaged backgrounds.
backgrounds,
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
SECOND READING OF THE NEW HANOVER COUNTY HAZARDOUS MATERIALS
INFORMATION STORAGE BOX ORDINANCE TO BE CODIFIED AS ARTICLE IV OF
CHAPTER 8, FIRE PROTECTION AND PREVENTION
Chairman Greer announced this was the second reading of the
New Hanover County Hazardous Materials Information Storage Box
Ordinance, and asked if there were any comments from the members of
the Board or the general public.
No comments were received.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt the New Hanover County Hazardous Materials
Information Storage Box Ordinance to become effective upon
ratification by the N. C. Building Code Council.
The floor was opened to discussion.
Chairman Greer stated, for the record, he could not vote for
the ordinance because he felt it was not necessary.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Caster
Chairman Greer
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
The ordinance will be codified into the New Hanover County
Code.
AWARD OF CONTRACT #95-0367 TO WES-BEN COMPANY, INC. FOR CLOSURE OF
CELL 3A AT THE NEW HANOVER COUNTY LANDFILL
Director of Environmental Management, Ray Church, advised that
N. C. Solid Waste regulations require closing portions of the
Landfill which have reached capacity to avoid infiltration of
rainfall. He reported the following bids for closure of Cell 3A
were received on January 4, 1996, and stated after review, Staff
recommends award of the bid to Wes-Ben Company, Inc.:
Tri-State Consultants, Inc.
Wes-Ben Company, Inc.
Ground Improvement Technologies
$363,232
$330,314
$628,000
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution awarding the contract to Wes-Ben
Company, Inc. in the amount of $330,314 for closure of Cell 3A at
the New Hanover County Landfill. The Chairman was authorized to
execute the necessary contract documents. 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 XXIII, Page 10.
A copy of the contract is on file in the Legal Department.
ADOPTION OF PROCLAMATION DECLARING "RESPECT FOR LAW WEEK" IN NEW
HANOVER COUNTY FROM FEBRUARY 11-17, 1996
Chairman Greer read the proclamation submitted by the Cape
Fear Optimist Club declaring "Respect for Law Week" in New Hanover
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 238
County from February 11-17, 1996, and requested a motion for
adoption of the document as read.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the proclamation declaring February 11-17, 1996, as
"Respect for Law Week" in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 10.
ADDITIONAL ITEMS - COUNTY MANAGER
Chairman Greer requested the County Manager to present any
additional items since the public hearings could not be heard until
7:30 P.M.
The following items were presented.
Discussion of Proposals Received for the Emergency Operations
Center
County Manager 0' Neal reported an architect was needed to
perform work on the Emergency Operations Center. After requesting
proposals, two qualified architects presented bids that were within
pennies of each other. In order to determine which firm should
receive the contract, Staff has scheduled presentations on February
12, 1996, at 9:30 A.M. and February 13, 1996, at 9:00 A.M. in Room
501 of the County Administration Building. The Commissioners were
invited to attend the presentations.
Discussion of Problems Incurred with Replacement of the Roof on the
Main Library Building
Coun ty Manager 0' Neal explained that unusual problems had
occurred with replacing the roof on the Library. He requested the
Board to approve a Budget Amendment in the amount of $20,000 to
complete the project. He reported the project should be completed
with an additional $14,500; however, due to the possibility of
other problems occurring, Staff felt a $4,500 contingency should be
established.
Commissioner Barone advised that severe damage could occur on
a flat roof with workmen walking back and forth across the roof.
She requested the County Manager to consider building a catwalk or
some type of platform to avoid unnecessary damage during the roof
replacement project.
County Manager O'Neal agreed and stated this option would be
considered.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the following Budget Amendment in the amount of
$20,000 for replacing the roof on the main Library Building. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #96-0132 - Non-Departmental/Engineering
Debit
Credit
Non-Departmental
Contingencies
$20,000
Enqineerinq
Other Improvements
$20,000
Discussion of City Resolution Regarding the Use of Excess
Wastewater Capacity
County Manager O'Neal presented a copy of a resolution adopted
by the Wilmington City Council authorizing the use of excess
wastewater capacity by New Hanover County contingent upon the
development of an inter local agreement to address a cost-sharing
policy. It appears the City is interested in cooperating with the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 239
County, and Staff is in the process of preparlng an agreement to be
submitted to the City.
Authorization for the County Administrative Staff to Meet with the
Candidates Campaigning for the Vacant Seats on the Board of County
Commissioners
County Manager O'Neal reported on the numerous requests for
information from the candidates when campaigning for vacant seats
on the Board of County Commissioners. He requested authorization
to schedule a meeting with the candidates so the Administrative
Staff could present information on the functions of County
Government.
After discussion of an informational meeting of this type
being helpful to the candidates, the Board authorized the County
Manager to proceed with scheduling a meeting.
Announcement of the Annual Meeting of the Cape Fear Council of
Governments
County Manager 0' Neal announced the annual meeting of the Cape
Fear Council of Governments would be held on February 22, 1996, at
the United Carolina Bank Training Center, in Whi teville, North
Carolina. The Commissioners were invited to attend.
BREAK
Chairman Greer called a break from 7:14 P.M. until 7:36 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY RANDALL BRAY FOR TKL, INC.
TO REZONE 21.5 ACRES AT THE SOUTHEAST CORNER OF U. S. HIGHWAY 421
NORTH AND N. C. HIGHWAY 133 PREVIOUSLY OCCUPIED BY WILMINGTON
SHIPYARD TO CONDITIONAL USE B-2 BUSINESS AND CONDITIONAL USE R-15
FROM B-1 BUSINESS AND I-2 HEAVY INDUSTRIAL (Z-559,1/96)
Chairman Greer opened the Public Hearing and announced the
Conditional Use process requires issuance of a Special Use Permit;
therefore, any persons wishing to present testimony must be sworn
in by the Clerk to the Board. The following persons were sworn in:
Dexter Hayes, Planning Director
Randall Bray
John K. Klein
Planning Director, Dexter Hayes, reported the Planning Board
voted four (4) to two (2) to recommend approval of the application
and attendant site plan without modification. The Chairman of the
Planning Board did not vote because he represents the property
owner in other legal matters.
The members of the Planning Board that voted in favor of the
application felt the rezoning would be a major improvement to the
area and was consistent with the Land Use Plan and the Zoning
Ordinance. Those in opposition questioned the propriety of
residential uses in the area and felt that recreational boating
associated with the marina could interfere or create hazards to
commercial shipping. The only opposition from the public was from
the attorney representing Almont Shipping Company who argued that
placement of residential uses on the site might create future
adversarial conflicts such as residents complaining about
industrial impacts even though the industrial facility occupied the
area first. He also expressed concern about recreational boating
which could become a hazard for commercial shipping that is
commonplace along this stretch of the Cape Fear River.
Planning Director Hayes noted there was a small portion of the
property already zoned commercially along the old Point Harbor Road
going into the intersection at the bridge. The remaining property
is part of a large 1-2 Heavy Industrial District.
The following preliminary Staff findings were presented:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 240
General Requirement #1:
materially endanger the
proposed and developed
approved based upon the
The Board must find that the use will not
public health or safety if located where
according to the plan as submi t ted and
following findings:
a. The site has access to existing public streets.
b. The site lS located ln the old North Wilmington Fire
Department District. Service to this district is provided by
a contractual arrangement with the Wrightsboro Volunteer Fire
Department.
c. The exact source for water and sewer serVlce lS not known.
General Requirement #2: The use meets all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
a. A site plan pursuant to the Ordinance has been submitted.
b. The plan identifies all planned land uses.
c. The plan identifies the perimeter boundary and adjoining land
uses.
d. No data are provided concernlng traffic counts or traffic
impacts.
e. No data are provided concernlng existing trees.
General Requirement #3: 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. Many of the nearby properties are vacant.
b. Redevelopment of this site as planned would be a significant
change to the quality of land uses ln the area.
General Requirement #4: 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 property to the south is a marine salvage yard. Land to
the northwest is a truck stop and restaurant. Land across the
river is developed with industrial uses, including a specialty
lumber company and a shipping company.
Planning Director Hayes advised that redevelopment of this
site would create a major gateway at one of the main entrances to
the City of Wilmington. He reported the project would enhance the
site, but he felt the following concerns should be considered:
(1) Concern about the impact of the former operation on the area's
groundwater. Test wells have been strategically placed
throughout the site to help in the assessment, but the results
of the study are pending. An environmental assessment will
have to be completed for the property before the project can
begin.
(2) Concern for the appropriateness of residential uses on the
site, especially single-family homes, which will be in close
proximity to large areas of open-ended heavy industrial
zoning. The residents could potentially be exposed to dust,
smoke, air borne debris, and noise from manufacturing
operations, which are automatically permitted on those
properties. Also, residential uses would be exposed to heavy,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 241
intense, truck traffic which lS common along U. S. Highway 421
and N. C. Highway 133.
(3) Concern for the provision of public services. Wells and
septic tanks may not be practical given the intensity of
planned uses. Also, the development of a private package
treatment system is not the most desirable choice, primarily
due to the requirements for long-term maintenance. A more
practical alternative would be to connect to the City's water
and sewer system.
Planning Director Hayes informed the Board that the applicant
had recently discussed the possibility of connecting to the City's
water and sewer system. It appears the City is willing to provide
the services contingent upon a petition for annexation of the
property.
Chairman Greer opened the floor to receive comments from the
witnesses sworn in. The following remarks were received.
Mr. Randall Bray, representing TKL, stated the total site area
was approximately 21.5 acres of which 6.25 acres has been
identified by the U. S. Corps of Engineers as wetlands. The
wetlands will be preserved, and an additional 3.5 acres will be
used for bike paths and observation areas. The remaining property
will be developed as a quality community to encompass recreational
areas, offices, and single family dwellings, centered around a
community center between the proposed marina and community area.
The proposed project will clean up the site, eliminate the two
discharges into the river, and re-clean a somewhat contaminated
site back into an outstanding public and private use. Also, a
"green marina" will be developed, which means that a pump-out
facility will be provided for each boat slip. The Board was
requested to approve the conditional use zoning as requested.
Commissioner Sisson noted that the site plan did not show
existing trees and vegetation, and he asked Mr. Bray if he would be
willing to comply to the buffering requirements outlined in the
Zoning Ordinance?
Mr. Bray responded that all plant life had been identified
through computer drawings; therefore, all green areas would be
preserved and protected.
Commissioner Barone asked Mr. Bray if he had met with any
officials from the Almont Shipping Company?
Mr. Bray replied that he had met with the officials and stated
he felt favorable negotiations were occurring; however, he was not
at liberty to discuss these matters.
Chairman Greer expressed concern for this type of proj ect
being located in an industrial area, and he stressed the importance
of all persons recognizing that these businesses were already in
place and would not be downzoned in the future.
Mr. Bray reported a statement of disclosure could be prepared;
however, the
all parties
businesses,
activities.
present laws had been sufficient to keep harmony among
in an identical situation across the river where
housing, and colleges were adj acent to industrial
Chairman Greer asked Mr. Bray if he would agree to place a
covenant to disclose the close proximity of existing and potential
industrial uses to future buyers as a condition of the Special Use
Process?
Mr. Bray agreed to a covenant condition as part of the Special
Use Permit.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 242
Assistant County Manager, Dave Weaver, reported after a
conversation with a City Staff member, the City would like for the
Board to place a condition in the Special Use Permit that would
require the project to use either City or County water and sewer
servlces.
Commissioner Sisson expressed concern for the City requiring
the applicant to petition for annexation in order to provide public
utilities, and then requesting a condition that would require the
project to connect to either the City or County water and sewer
services when the County is not in the process of expanding these
services to the area. He stated, in his opinion, this type of
condition would not be appropriate unless the City works out an
appropriate agreement for providing the utilities.
Mr. Bray reported the applicant fully intends to work
harmoniously with the City, but it may be ten to fifteen years
before an agreement can be reached. The Board was requested to
allow the developer an opportunity to establish a central water and
sewer system under the State permitting process until public
utilities can be provided to the area.
There being no further comments from the public, Chairman
Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve rezoning 21.5 acres at the southeast corner of U.
S. Highway 421 North and N. C. Highway 133 previously occupied by
Wilmington Shipyard to Conditional Use B-2 Business and Conditional
Use R-15 from B-1 Business and 1-1 Heavy Industrial. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972" is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, Section 9-A, Page
39.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to grant a Special Use Permit for the project contingent upon the
condition that a covenant be established to disclose to future
buyers the close proximity of existing or potential industrial
uses. The Special Use Permit was granted 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 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 15.
Chairman Greer recognized Wilmington City Councilman, Harper
Peterson, and reported he was sure the City Council would be
willing to work with the applicant to see if some type of agreement
could be reached on the provision of public utilities.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH A SPECIAL
USE PERMIT REVIEW REQUIREMENT FOR CONSTRUCTION OF CELLULAR TOWERS
AND OTHER RELATED FACILITIES EXCEPT IN I-1 AND I-2 DISTRICTS,
INCLUDING A 250 FOOT MINIMUM SETBACK FROM ANY ADJACENT RESIDENTIAL
DISTRICT BOUNDARY (A-271, 1/96)
Chairman Greer opened the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 243
Planning Director Hayes advised that a list of options were
presented and outlined to the Planning Board. Currently, the
Zoning Ordinance classifies cellular and related towers as "other
communication facilities." The towers are permitted by Special Use
permi t in all residential districts and by right in all non-
residential districts.
The options presented include requiring Special Use Permits in
all districts; requiring minimum setbacks and/or setbacks based on
the tower height; permitting towers by right in the industrial
districts; requiring that all collocation opportunities or shared
use facilities be exhausted prior to constructing new towers; and
requiring the removal of abandoned towers.
The Planning Board discussed requiring Special Use Permits for
all towers in all districts; establishing minimum setbacks based on
the tower height; permitting towers by right in industrial
districts; requiring collocations; requiring removal of abandoned
towers; and requiring a safety zone around the tower to address the
impacts caused by collapse.
The Planning Board recommended the following reV1Slons to the
Zoning Ordinance:
A. Revise the Table of Permitted Uses to require a Special Use
Permit for all towers except in the 1-1 and 1-2 Districts.
The towers would be permitted by right in 1-1 and 1-2. Modify
entry in table "Other Communication Facilities" to include a
reference to towers" Other Communication Facili ties, Including
Towers" .
B. Add Section 72 -3 8 to read as follows: Other Communication
Facilities, Including Towers.. . These facilities are permitted
in the applicable zone subject to the district requirements
and provided that: (1) all towers shall be set back a minimum
of 250 feet from any residential zoning district boundary; and
(2) any tower abandoned for a period of one (1) year must be
dismantled and removed within thirty (30) days.
Planning Director Hayes reported that Staff agrees with the
changes suggested in A, but would recommend creating a new Section
69.17, which reads as follows, instead of adding the Special Use
Section.
Section 69.17: Other Communication Facilities, Including a
Cellular and Related Towers. . . . .All tower antennas and related
structures shall be a minimum of 250 feet from residentially
zoned property and shall be located such that all supporting
cables and anchors are contained within the property. All
support buildings, panels and related structures shall be
screened from the view of any adjoining residential use. Any
abandoned tower must be dismantled and removed after one year
of discontinuance. Special Use Permits are required in all
districts except the 1-1 and 1-2.
Planning Director Hayes explained that Section 69.17 would
better assure that all towers, whether permitted by right or by
Special Use Permit, would have to comply with the 250 foot minimum
setback from residentially zoned properties. This section, also,
would be consistent with recent regulations adopted by the City of
Wilmington.
Planning Director Hayes reported the Board could consider the
following approaches:
(1) Require a Special Use Permit for the placement of all towers.
This process would require an assessment of each request on a
case-by-case basis depending upon the proximity of the tower
to adjacent residential properties, the height of the tower,
and the impact of the tower on the surrounding neighborhoods.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 244
A Special Use Permit would allow the Board to apply the
appropriate conditions in each situation.
(2) Prepare an amendment to allow certain towers to be permitted
by right if certain predetermined performance criteria are
met, such as 250 feet from adjoining lines or landscaping.
vice-Chairman Mathews requested an explanation as to why there
were more stringent buffer requirements in the Bell South proposal.
Planning Director Hayes explained that consideration must be
given as to when the buffering requirements outlined by Bell South
would be imposed. For example, if there is a 250 foot setback from
adjacent property, there is less need for a buffer area; however,
if the tower is only 100-150 feet in height, as outlined in the
Bell South proposal, more buffering would be needed. Also, the
existing landscaping and buffering standards in the Zoning
Ordinance could be applied by the Board in appropriate situations.
vice-Chairman Mathews stated, in his opinion, Bell South would
be willing to allow for the necessary buffering to enhance the
visibility of a tower.
Chairman Greer commented on the 250 foot setback and inquired
as to why setbacks and restrictions were placed in residential
zones when the Board would be reviewing each case and determining
the necessary conditions for each situation.
Planning Director Hayes responded this would be true if the
Board decides to require Special Use Permits for the placement of
all towers; however, if the Board decides to allow certain towers
to be permitted by right in an industrial district, then a 250 foot
standard would be needed to protect surrounding residential areas.
He noted the Board would have to decide on the following factors:
(1) How to handle the height of towers.
(2) Decide on setbacks, whether minimal or based on the tower
height.
(3) Address collocation concerns.
(4) Decide on regulations concernlng abandoned towers.
(5) Decide whether or not to require a Special Use Permit.
Chairman Greer inquired as to whether anyone present would
like to comment. The following remarks were received:
Attorney William A. Raney, Jr., representing the homeowners in
the Samsara area, commented on the pending application for the
placement of a cellular tower in the neighborhood and reported
there was a definite need for an amendment to the New Hanover
County Zoning Ordinance. After a review of the proposals presented
by the Planning Board and Planning Staff, it is felt that the
recommendation by the Planning Staff would be the best choice;
however, either proposal would be acceptable because of the urgent
need to protect residential areas in close proximity to the
placement of cellular towers.
Attorney Raney requested all persons present to stand if they
were in support of strengthening setback restrictions on the
placement of cellular towers near residential areas. He stressed
the importance of establishing setbacks to provide a guide for
applicants when locating a site for constructing a cellular tower.
For example, a tower is being located within 30 feet from
residential lots in Samsara, which is totally unacceptable. The
suggested 250 foot setback as recommended by the Planning Staff is
reasonable and should be considered by the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 245
Attorney Joe Taylor, representing Bell South Personal
Communications Services (PCS) , reported Bell South was in the
process of constructing cellular towers in Pender and New Hanover
counties. Most of the sites will be collocation and existing sites
with some new building sites. Because of concern for the proposed
amendments, Bell South has presented a proposal. If the proposal
is adopted, this would be the strongest county regulation in the
State.
Attorney Joe Taylor introduced Mr. James P. Cain, the Regional
Counselor for Bell South, and John Weldon, the Senior Zoning
Coordinator for Bell South, and reported these qualified experts
would like to make brief presentations.
Mr. Cain advised that the Bell South PCS Partnership was
composed of the Bell South Corporation, the Duke Power Company,
Carolina Power & Light Company, and thirty independent telephone
companies in North Carolina. He presented the following report:
In April, 1995, the industry spent $7.7 billion with the
Federal Communications Commission for the right to build a
revolutionary new technology in the State of North Carolina, called
Personal Communications System (PCS). The new system differs from
the cellular system in the following ways:
(1) PCS operates at a higher frequency, which requires shorter and
lower towers. Most PCS towers are from 150 feet to 225 feet
in height.
(2) PCS operates on a digital technology that is quite different
from the cellular operation. In digital technology, both the
voice and data communications can be transmitted from computer
to computer through wireless air waves. Also, digital
technology allows for secure, non-scannable communication,
which is been quite a controversial issue.
(3) PCS will bring competition to the industry which will reduce
the cost of wireless communication. This was the fundamental
reason for Congress and the Federal Communications Commission
deciding to make it possible to provide this type of wireless
technology to everyone, not just the elite portion of the
population.
Mr. Cain reported the first group of people to have an
opportunity to use the new system nationwide will be the residents
of North Carolina and South Carolina who live in places like
Wilmington, Raleigh, Charlotte, and Fayetteville. The first trial
and testing of the technology is now occurring in Chapel Hill. The
system is being constructed and should be operational in New
Hanover County by July 1, 1996. Six to eight towers will be
required in New Hanover County with another six to eight towers
placed in the City of Wilmington. Some of the towers will be
collocated on existing structures, such as current towers, water
towers, or tall buildings in the City of Wilmington, with other
free-standing towers in the range of 160 to 225 feet.
Mr. Cain expressed appreciation to the Board and Planning
Staff for preparing to respond to the possible impact of this new
technology on residential areas. In other jurisdictions, there has
been an effort to balance the protection of residential areas, the
public health, and safety in conjunction with satisfying the needs
of the industry and citizens who want the technology. Many
ordinances have been rewritten throughout the State to protect
residential zones by limiting tower heights and increasing
setbacks, or providing an incentive to the industry for the
location of towers in non-residential zones by providing
administrative approval without a timely public hearing process.
He reported the proposals from the Planning Board and Planning
Staff would make it difficult to construct the necessary towers by
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 246
July 1, 1996; therefore, PCS is requesting approval of the Bell
South proposal.
Mr. John Weldon, Senior Zoning Coordinator with Bell South,
advised he worked with counties in creating a zoning profile to
meet the required criteria to address the concerns of the
residential areas and meet the needs of the industry. He stated
the Bell South proposal would not require public hearings for
towers to be placed in B-2 Business and 1-2 Heavy Industrial zoning
districts unless there was a problem with finding properties that
do not meet the profile. The Board was requested to consider the
proposal presented by Bell South or adopt some type of amendment
that will provide guidelines for applicants to follow when locating
a tower sites in New Hanover County.
Mr. Jerry Eatman, the N. C. General Counsel for Sprint
Cellular and GTE, reported an effort had been made to construct
Sprint towers in locations that would not interfere with the
infrastructure. In some cases, sites were relocated by Sprint
Cellular to address the concerns of the citizens living in
residential areas. He spoke in favor of the proposal submitted by
the Planning Board with the exception of the 250 foot setback. The
Board was requested to coordinate the setback with the height of
the tower, such as establishing a foot by foot setback equal to the
height of the tower.
Commissioner Barone inquired as to whether Sprint Cellular
would be using the digital technology?
Mr. Eatman replied Sprint Cellular would not be using digital
technology in this area for a period of time; however, digital
technology was the wave of the future.
Commissioner Barone asked if the residential customer would be
required to purchase a new telephone to use the digital system?
Mr. Cain replied a new small, hand-held telephone would be
required to use the system. Currently, the cellular companies are
providing a free telephone in exchange for using the service. The
current marketing plan for the new system will probably offer a
promotional feature that will provide the equipment free when
signing up to receive the service.
Discussion was held on the health risks associated with
electromagnetic fields (EMF). Vice-Chairman Mathews requested an
explanation of the EMF with the construction of these towers.
Mr. Weldon reported the maximum allowable EMF is 1.3
milliwatts per square centimeter according to federal guidelines.
The EMF from the two towers being constructed will be .00028
milliwatts per square centimeter, which is less than the EMF
received from the face of a digital clock or from the top of a
computer, which is 489 milliwatts per square centimeter.
Commissioner Barone asked Mr. Weldon if he felt the tower
would be a threat to nearby residents or livestock?
Mr. Welton explained that the new system was a much lower
power system than the current cellular companies and stated the EMF
would not threaten nearby residents or livestock.
Mr. Bill Hill, a resident of Samsara Estates, advised that the
present tower would not impact his residence, but the tower on the
site would negatively impact the aesthetics of Samsara Subdivision.
He noted it was difficult to believe that a large portion of the
local population would be using the new system, and it was
difficult to believe that Bell South was willing to protect nearby
residential communities when this company had been inflexible with
looking for a more appropriate site. To the north of Samsara,
there is commercial property that is undeveloped, and to the south
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 247
of Samsara, there is commercial property next to a golf range that
would be an ideal site for the tower. Also, Carolina Power & Light
Company has substations that would be ideal sites for the towers.
In summary, the Board was requested to protect existing residential
communities from intrusion of cellular towers that will destroy the
aesthetics of the communities.
Mr. William C. Howard, Jr., a resident of Samsara Estates,
expressed concern for the setbacks discussed by Bell South, and he
requested the Board to adopt an ordinance that will provide proper
setbacks for the towers.
Ms. Gwen Masaitis, a resident of Samsara Estates, requested an
answer to the following questions: (1) What will happen to a
residential area with a cluster of towers; and (2) will the towers
be constructed to withstand high winds?
Attorney Taylor reported the towers would be collapsible and
could withstand winds of 115 miles per hour. He reported when
opposition was expressed by the residents of Samsara, Bell South
offered to call a meeting and bring five company engineers to
discuss items of concern. Unfortunately, the residents refused to
meet. Also, after hearing discussion from the residents near the
Airport, Bell South decided to abandon the site. He reported Bell
South was still willing to meet with the residents of Samsara
Estates to discuss issues of concern. He requested the Board to
address the setback by tower height in order to help Bell South
identify potential sites.
Commissioner Barone commented on the number of towers already
in place by competing companies and asked if Bell South would be
willing to share these towers in order to avoid construction of too
many towers in the County?
Attorney Taylor replied that Bell South would be willing to
collocate with their competitors whenever possible. Also, PCS
towers will be available for use by competitors or other interested
parties.
Commissioner Caster stressed the importance of providing
setbacks that will protect surrounding communities and at the same
time meet the needs of the industry without having to go through
the special use process.
Chairman Greer asked how businesses with small antennas would
be handled?
Planning Director Hayes explained that towers support antennas
and noted that antennas are placed on water tanks, church steeples,
and other structures. In order for a small business to gain
additional height for its communication system with a tower
required, the business would have to apply for a Special Use
Permit.
A lengthy discussion was held on placing a height restriction
on antennas or small towers used for ham radios and other small
communication systems.
Planning Director Hayes reported these antennas and small
towers could be handled as an accessory use and be permitted by
right with a maximum height of 45 feet, which is 10 feet above the
existing residential height.
Chairman Greer recommended establishing a height restriction
of 65 feet.
Mr. Paul Holiday,
language to require any
special use permitting.
towers are 75 feet.
a ham radio operator, suggested using
"for profit" towers to go through the
He reported most ham radio antennas and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 248
Chairman Greer recommended a 70 foot height limit.
Motion: After further discussion, Commissioner Sisson MOVED,
SECONDED by Commissioner Caster to require a Special Use Permit in
all zoning districts except 1-1 and 1-2. In the 1-1 and 1-2
Districts, establish a foot by foot setback equal to the height of
the tower, and permit by right towers ancillary to the principal
use 70 feet or less in height. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Text Amendment is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XXIII, Page 10.
BREAK
Chairman Greer called a break from 8:20 P.M. until 9:35 P.M.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REVISE
SECTION 69 .4, HIGH DENSITY DEVELOPMENT SUBSECTION (5) C . 9 . TO
REQUIRE APPROVALS BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
(A-269, 1/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the proposed
Amendment was initiated by the Board of County Commissioners.
Planning Board voted unanimously to recommend denial of
proposed Text Amendment for the following reasons:
Text
The
the
1. The proposed Text Amendment would fragment the current
responsibilities for approval of subdivisions by the Technical
Review Committee.
2. The proposed Text Amendment would place approval of these
subdivisions at the policy making level.
3. The proposed Text Amendment would be an inefficient use of
time by the Board of County Commissioners.
Also, the Planning Board felt that unless the approval
required a Special Use Permit, the Board of County Commissioners
would have no discretion in adding conditions. Under existing
requirements, if a high density project is consistent with the
Subdivision and Zoning Ordinance, the project must be approved.
Planning Director Hayes reported the Board of County
Commissioners directed the Planning Staff to revise High Density
regulations to require approval by the Commissioners instead of the
Technical Review Committee of the Planning Board. He presented the
following revision with the changes underlined:
(9) When any development proposal is being submitted under
this section, it shall be processed under the provisions
and standards of the New Hanover County Subdivision
Regulations as amended, except that preliminary plans for
any hiqh density prolect shall be reviewed and approved
by the New Hanover County Board of Commissioners.
Commissioner Sisson asked about the number of high density
projects in the Monkey Junction area south.
Planning Director Hayes advised that projects had been
requested on both sides of U. S. Highway 421 North of Monkey
Junction and south of Monkey Junction to Saunders Road on the east
side. He advised that high density proj ects tend to follow
expansion of the sewer system.
Commissioner Sisson advised that currently high density
projects are handled through an administrative approval process.
In his opinion, these projects represent a zoning change because
the number of units per acre increase wi thou t a change in the
zoning district. Residents living in the neighborhoods are not
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 249
aware that high density projects can be developed, and suddenly
there is a tremendous increase in traffic and noise in an R-15
Residential District. He urged the Board to consider requiring
these projects to be approved by the Board of County Commissioners
through a zoning change instead of allowing the Technical Review
Committee to approve the projects.
Chairman Greer asked if the Technical Review Committee
critically reviews the high density projects?
Planning Director Hayes reported these projects have to meet
certain criteria. During the past year, modifications have been
made to address concerns about the change in density in pre-
existing residential areas. For example, on the perimeter of a
high density project, there must be a 200 foot transitional area
for lower density inside the high density project.
A lengthy discussion was held on whether the Board of County
Commissioners should approve all high density projects or whether
the current Technical Review Committee process should be modified
to address concerns about high density projects in existing
residential zones.
Assistant County Manager, Dave Weaver, suggested creating a
new zoning district, entitled a "Residential High Density
District" . In order for an applicant to apply, the minimum
qualifications of water, sewer and transportation access would have
to be met. This process would allow the Commissioners to consider
the rezoning application and control the location of where high
density development should occur with the specifics of the
development being approved by the Technical Review Committee.
County Manager O'Neal suggested deferring action on this item
and requesting the Planning Staff to prepare recommendations on the
proposals presented and the possibility of establishing a
Residential High Density District.
Consensus: After a lengthy discussion, it was the consensus of the
Board to direct the Planning Staff to prepare examples of how the
proposals presented would actually affect a residential area with
high density projects, including the establishment of a Residential
High Density zoning district.
Mr. Thomas Blackum, a resident of the southern end of the
County, commented on the problems experienced with a high density
project near his property. He advised a meeting had been scheduled
with Mr. Jay Graham, Director of Inspections on Friday, February 9,
1996, to discuss these issues. He, also, expressed concern for the
negative impacts of high density development to existing
residential areas and reported in one area, a construction
landfill, permitted by the County and State, was located within 50
feet of the Capeside community, without compliance to the 500 foot
requirement. He urged the members of the Board to visit areas
where high density projects have occurred and see the negative
impact of this development to residential neighborhoods.
PUBLIC HEARING TO CONSIDER SUBDIVISION AMENDMENTS PERTAINING TO THE
PROCESS FOR APPROVING STREET NAMES AND SUBDIVISION NAMES (A-270,
1/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported due to occasional
conflicts that have arisen between the Technical Review Committee,
the developer and the E-911 Center, Staff was directed by the Board
of County Commissioners to prepare an amendment to the Subdivision
Ordinance pertaining to the process for approving street names and
subdivision names. The following Text Amendments were prepared and
presented to the Planning Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 250
Existinq: 41-1(9) Subdivision Names.. .In no case shall the name
for a proposed subdivision duplicate or be phonetically similar to
existing subdivisions in New Hanover County.
ProDosed:41-1(9) Subdivision Names... .In no case shall any part of
the name for a proposed subdivision duplicate or be phonetically
similar to existing subdivisions in New Hanover County. All
subdivision names shall be approved by the County Emergency 911
Center.
Existinq: 41-1(7) Streets: (D) Proposed streets which are
obviously in alignment with other existing and named streets shall
bear the assigned name of the existing streets. In no case shall
the name for proposed streets duplicate or be phonetically similar
to existing street names in this or any other subdivisions in New
Hanover County.
ProDosed: Add the following sentence: All street names shall be
approved by the County Emergency 911 Center.
Presently, all street and subdivision names are informally
submitted to E-911 for review. However, final approval is made by
the Technical Review Committee. The proposed text changes would
shift that authority to the E-911 Center.
Planning Director Hayes reported in order to avoid problems
with the proposed language in 41-1(9), Staff would recommend the
following alternative language:
Reword to read: In no case shall a name for a proposed
subdivision duplicate or be phonetically similar to existing
subdivision names in New Hanover County. All subdivision
names shall be approved by the County Emergency 911 Center.
The Planning Board debated the pros and cons of the proposed
revisions. They agreed that a portion of the language proposed for
Section 41-1(9) would make it extremely difficult to establish
names because it would eliminate so many options. After further
discussion, the Planning Board did not feel that the naming of
subdivisions was as critical as street names and voted unanimously
to deny the proposed revisions.
Discussion was held on whether the 911 Center should have
final approval of naming subdivisions. Planning Director Hayes
advised that currently, the 911 Center provides input on the naming
of streets and subdivisions. In 99% of the names requested, there
is no problem; however, occasionally a developer will disagree and
appeal the decision by the Technical Review Committee. Under the
current ordinance, the Planning Board hears the appeal and renders
a decision. If the developer is not pleased, an appeal can be
heard by the Board of County Commissioners.
vice-Chairman Mathews commented on the concern expressed by
the Sheriff and 911 Coordinator about emergency response time, and
stated he had no problem with authorizing the 911 Center to make
the final approval.
Commissioner Barone recommended allowing the current procedure
to remain unchanged.
Chairman Greer inquired as to whether anyone present would
like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to allow the ordinance to remain unchanged. The floor was opened
to discussion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 251
Commissioner Sisson commented on the importance of response
time for emergency calls and reported he could not vote for the
motion.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Chairman Greer
Voting Nay: Commissioner Sisson
Vice-Chairman Mathews
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 10:02 P.M.
until 10:08 P.M. to hold a meeting of the Water & Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Invitation for the Board of County Commissioners to Participate in
Celebrating February 1996 as "Elected Officials Go To School Month"
Throughout the State of North Carolina
Chairman Greer commented on receiving a letter from the North
Carolina PTA to invite the Board of County Commissioners to
participate in celebrating February, 1996 as "Elected Officials Go
To School Month." The local PTA will be inviting each Commissioner
to attend school for one day and participate in the daily routine.
Vice-Chairman Mathews asked if additional information could be
obtained since no dates were listed in the invitation.
Clerk to the Board, Lucie F. Harrell, reported she would be
glad to check with the local PTA about the dates; however, she felt
an invitation would be forthcoming within the next week.
Announcement of Fifth Annual Cape Fear Military Ball
Chairman Greer announced the Commissioners had been invited to
attend the Fifth Annual Cape Fear Military Ball to be held at the
Grand Ballroom of the Wilmington Hilton on February 17, 1996. He
reported if any members of the Board were interested in attending,
he would forward a copy of the invitation.
Request for 24-Hour Crisis Center to be Presented as Part of the FY
1996-97 Budget Process
Chairman Greer announced a letter had been received from the
Southeastern Center informing the Board that the proposed 24-Hour
Crisis Center would be presented as part of the Center's FY 1996-97
budget.
Commissioner Sisson reported the Southeastern Center Board
decided to use the budget process to present the funding requests
to all three counties at one time.
Discussion of Emergency Access into Subdivisions
Commissioner Sisson advised that in an effort to facilitate
coordination between the Planning Board and Board of Fire
Commissioners regarding emergency access into subdivisions, a
meeting has been scheduled between the Chairman of each board on
Thursday, February 8, 1996, to discuss this matter. He commented
on the importance of both boards working together and reported
hopefully, the meeting will create an awareness of the need to
provide adequate emergency access in subdivisions.
Status Report on the Porters Neck Fire Department Substation -
Ogden Volunteer Fire Department
Vice-Chairman Mathews requested a status report on the Porters
Neck Fire Department Substation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 252
County Attorney Copley reported at the last Staff Meeting, the
Board requested a report on the pros and cons of the Deed of Trust
and Promissory Note versus ownership of the property.
As outlined in a memorandum written to the Board from the
County Attorney on October 11, 1995, County Attorney Copley
presented the following comments:
Advantaqes: The advantages of the Deed of Trust and Promissory
Note are as follows: (1) this would be a customary method for
repayment of a loan; and (2) under this method, New Hanover County
could not be held responsible for any claims against the property,
such as environmental spills.
Disadvantaqes: The disadvantages of the Deed of Trust and
Promissory Note are as follows: (1) New Hanover County will not be
a co-owner of the property; and (2) New Hanover County will be a
secured creditor with no right to control the property or locate
EMS personnel at this site.
County Attorney Copley commented on the Deed of Trust that had
been presented by Mr. Tom Morgan, the attorney representing the
Ogden Volunteer Fire Department, and reported she did have a
problem with the following statement: "The Promissory Note shall
continue to be used as long as the building is used as a Fire
Station." She recommended changing the Deed of Trust to read as
follows: "The Promissory Note shall continue to be used as long as
the Ogden Volunteer Fire Department has a contract with New Hanover
County to provide fire services." County Attorney Copley reported
the proposed language change would allow the money to be returned
to New Hanover County.
Vice-Chairman Mathews expressed concern for trying to resolve
this problem for two years and requested direction from the Board
as to how this matter could be resolved. He emphasized the
importance of providing fire service to this area.
Motion: Commissioner Barone MOVED to accept the Deed of Trust and
Promissory Note with the Ogden Volunteer Fire Department contingent
upon the Deed of Trust being amended to state that the Promissory
Note shall continue to be used as long as the Ogden Volunteer Fire
Department has a contract with New Hanover County to provide fire
serVlces.
The floor was opened to discussion.
Commissioner Sisson stated if this motion is approved the
County will pay for the building and have no control over the
property on which the building is located. Also, the current
contract with each Volunteer Fire Department states that any
capital expenditure over $5,000 requires joint County ownership.
Adoption of this motion will forego County ownership of a capital
expenditure over $5,000.
Commissioner Barone stated, in her opinion, the building needs
to be constructed as soon as possible to provide fire service to
this area.
Chairman Greer called for a SECOND TO THE MOTION. NO SECOND
WAS RECEIVED AND THE MOTION FAILED.
Chairman Greer advised that this matter was discussed at the
retreat, and stated the County decided to inform the Ogden
Volunteer Fire Department that joint ownership was desired.
Commissioner Barone responded she thought it was decided to
try to approach the Ogden Volunteer Fire Department one more time
to see if an agreement could be reached.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 253
Chairman Greer reported a meeting was held with Attorney Tom
Morgan, the Fire Chief of the Ogden Volunteer Fire Department,
officials from the Davis Nursing Home, Vice-Chairman Mathews,
Chairman Greer, County Attorney Copley, and County Manager O'Neal
with the conclusion that an agreement had been reached.
Unfortunately, after the meeting, a letter was received from the
attorney informing the Board that the arrangement was not
satisfactory with the Ogden Volunteer Fire Department.
County Attorney Copley reported the pre-approval requirement
by the County before co-signing the loan was the reason for the
Ogden Volunteer Fire Department being dissatisfied with the
agreement. She informed Attorney Morgan that New Hanover County
had to pre-approve the amount of the loan before co-signing a note,
and stated, in her opinion, the indebtedness had to be pre-
approved.
Chairman Greer reported at the retreat, the Board decided if
a satisfactory agreement could not be reached, the County would not
renew the contract with the Ogden Volunteer Fire Department next
year. He stated another Volunteer Fire Department could be
assigned this area.
County Attorney Copley reported after the retreat Attorney
Morgan contacted the office with reference to non-renewal of the
contract as stated in a newspaper article, and asked why this
action had been considered. After further discussion, Attorney
Morgan requested her to approach the Board one more time to see if
the Deed of Trust and Promissory Note could be approved.
Chairman Greer expressed concern for not following the rules
and stated, in his opinion, an agreement had been reached which was
later refused by the Ogden Volunteer Fire Department.
No action was taken.
Report on Status of the Council of Governments (COG) Water Quality
Task Force
Commissioner Barone reported the COG Water Quality Task Force
was no longer in existence.
Discussion of Bicycle Committee
Commissioner Caster commented on being involved with City
Councilman Harper Peterson on the Bicycle Committee and reported he
attended a meeting concerning the 17th Street Land Use Plan for
placement of bike paths. He advised that New Hanover County should
be involved with the Bicycle Committee and stated he would not be
able to attend future meetings. He requested Staff Planner, Chris
O'Keefe, to attend these meetings and keep the Board informed about
the activities of the committee.
Discussion of the Erosion at Shell Island
Commissioner Caster asked if the County could provide some
type of assistance to the residents of Shell Island with the beach
erosion problem.
Assistant County Manager, Dave Weaver, reported after
discussion with some residents, it appears the denial of a variance
for construction of the seawall will require an appeal through the
court system, which probably will be denied. The other
alternatives are to apply for a permit to dredge out the inlet in
a new location, or request some form of beach renourishment. Both
actions will require a difficult permitting process and will be
costly without providing a long-term solution to the erOSlon
problem.
Commissioner Caster advised that he could not attend the next
meeting of the New Hanover County Port, Waterway, and Beach
Commission, and he requested Assistant County Manager Weaver to
attend the meeting because this matter would be discussed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 5, 1996
BOOK 25
PAGE 254
Assistant County Manager Weaver replied he would be attending
the meeting.
Discussion of Flow Control Bill in the United States Congress
Vice-Chairman Mathews reported the flow control bill did not
pass in Congress, and stated that Congresswoman Eva Clayton voted
against the bill with Congressman Charlie Rose not casting a voting
on an issue of great importance to New Hanover County.
Discussion of Problems with the Sprinkler System at the Senior
Center
County Manager O'Neal reported the main line in the sprinkler
system at the Senior Center burst with a majority of the damage
occurring in the multi-purpose room. He announced the multi-
purpose room and that end of the building would be closed tomorrow,
and advised that once all details have been received on the
incident, a report will be forwarded to the Board.
Announcement of the Human Relations Annual Gala
County Manager O'Neal announced the Human Relations Annual
Gala was being held on February 17, 1996, at 7:00 P.M. at Roland-
Grise School.
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:45 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board