1996-03-11 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 274
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 11, 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; Vice-Chairman E. L. Mathews, Jr.; 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 and announced that
Commissioner Sisson was absent due a severe cold infection.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Elrick Richburg, Pastor of the Bethesda Christian
Life Church, gave the invocation.
Vice-Chairman Mathews led the audience ln the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that three minutes had been reserved
to allow anyone from the public to introduce an item not listed on
the Regular Agenda or comment on an item listed on the Consent
Agenda. He asked if anyone present would like to speak.
The following items were presented:
Discussion of the Proposed Central Al ternati ve as the Route for the
U.S. Highway 17 Bypass
Reverend Anthony Watson, speaking on behalf of the citizens of
the Rock Hill Community, requested the citizens from the community
to stand up and be recognized. He advised that Rock Hill was a
part of the Wrightsboro Community and that the Central Alternative
as proposed would divide the entire area. Concern was expressed
for the negative impact of this route on existing cemeteries, the
Rock Hill Community Center, Chair Road, and the St. James AME
Church. Concern was also expressed for the proposed route being
negotiated by some residents of the Wrightsboro Community without
informing the ci tizens living in the Rock Hill Community. It
appears that another Environmental Impact Study will be performed,
which is unusual since the original study confirmed that
environmental concerns did exist in this area.
Reverend Watson urged the Board to oppose any bypass that
would go through the Wrightsboro Community and divide this area.
Mr. Michial Rhodes, Chief of the Wrightsboro Volunteer Fire
Department, reported if the bypass issue is not resolved, the
Wrightsboro Community would be torn apart. He commented on the
manner in which the residents of the entire community have lived
together for years with no problems and stated it would be horrible
for the residents of the area to be at odds with each other. He
urged the Board to keep the bypass out of the Wrightsboro
Community.
Chairman Greer informed all persons present that the location
of the bypass would be decided by the N. C. Department of
Transportation. He offered to write a letter to the Secretary of
Transportation, Garland Garrett, Jr., and express the concerns of
the Rock Hill residents.
Consensus: It was the consensus of the Board for the Chairman to
write a letter to the North Carolina Secretary of Transportation,
Garland Garrett, Jr.
Postponement of Request to Rezone 65.8 Acres on the West Side of
Carolina Beach Road
Chairman Greer announced the Board had received a letter from
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 275
Mr. Terry Turner, President of Saturn Corporation, requesting the
Board to postpone the Public Hearing for rezoning 65.8 acres on the
west side of Carolina Beach Road south of Marquis Hills Subdivision
to R-I0 Residential from R-15 Residential until the first meeting
in April.
Consensus: It was the consensus of the Board to postpone the
Public Hearing until April 1, 1996.
APPROVAL OF CONSENT AGENDA
Commissioner Caster inquired as to whether the change had been
made on the road petition for Covil Farm Road in Gorman Plantation.
County Manager O'Neal reported the resolution would be changed
from Hawk Road to Covil Farm Road in Gorman Plantation.
Motion: Commissioner Caster MOVED, SECONDED by
Mathews to approve the Consent Agenda as presented.
MOTION CARRIED AS FOLLOWS:
Vice-Chairman
Upon vote, the
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Budget Retreat
held on January 18, 1996, and the minutes of the Regular Meeting
held on February 19, 1996, as presented by the Clerk to the Board.
Adoption of Resolution Agreeing to the Terms and Conditions of the
North Carolina Coastal Management CAMA Grant for Improvements to
Riverside Park
The Commissioners adopted a resolution to provide matching
funds in the amount of $3,375 plus $2,500 of in-kind services for
the $17,625 grant awarded to New Hanover County by the N. C.
Coastal Management Division for improvements to Riverside Park.
The Chairman was authorized to execute the resolution and necessary
documents.
A copy of the resolution is hereby incorporated as part of the
minutes and is contained in Exhibit Book XXIII, Page 12.
Ratification of Appointments to the Human Relations Commission
The Commissioners ratified the following appointments to the
Human Relations Commission:
Dr. Stephen J. Sloop, Jr., Representative of the Wilmington
Ministerial Association
Ms. Lynda Sheehan, Representative of the Lower Cape Fear Human
Resources Association
Approval of Lease Amendment to the Southeastern Center for Mental
Health, Developmental Disabilities and Substance Abuse Services
The Commissioners approved a lease amendment to the existing
lease with the Southeastern Center for Mental Health, Developmental
Disabilities and Substance Abuse Services to add a Waiver of
Subrogation language as recommended by Carlton Allegood, Executive
Director of the Wilmington/New Hanover Insurance Advisory
Committee. This provision will ensure that both the Lessor and
Lessee derive all possible benefits from the existing insurance
coverage.
A copy of the amended contract lS on file ln the Legal
Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 276
Designation of Department of Aging as Lead Agency for 1996-97 Home
and Community Care Block Grant for the New Hanover County Aging
Services
The Commissioners appointed the Department of Aging as the
Lead Agency for administration of the 1996-97 Home and Community
Care Block Grant for older adults in New Hanover County. The
Chairman was authorized to execute the funding plan and any other
necessary documents.
Award of Bid #96-0296 and Approval of Contract #96-0296 to Purchase
Cardiac Equipment for the Emergency Medical Services Department
The Commissioners adopted a resolution awarding the bid to the
Southeastern Emergency Equipment Company in the amount of
$145,543.20 to purchase cardiac equipment for the Emergency Medical
Services Department. The Chairman was authorized to execute the
resolution and contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 12.
A copy of the contract is on file in the Legal Department.
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions adding the following
roads to the State Highway System:
Covil Farm Road in Covil Estates
Covil Farm Road in Gorman Plantation
Outisland and Downrigger Drives, Crosswinds, Sections IV
Sago Bay Drive
Hazelton Court, Brickstone Estates
North Carolina Avenue
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 12.
Approval of Budget Amendment #96-41 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-41 Federal Forfeited Property
Debit
Credit
Federal Forfeited Property
Federal Forfeited Property
$844
Federal Forfeited Property
Supplies
$844
Purpose: To increase the budget for additional revenue received.
Federal Forfeited Property funds are budgeted as received and must
be used for law enforcement activities as deemed necessary by the
Sheriff.
Approval of Budget Amendment #96-44 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-44 Controlled Substance Tax
Debit
Credit
Controlled Substance Tax
Controlled Substance Tax
$1,318
Controlled Substance Tax
Supplies
$1,318
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 deemed necessary by the
Sheriff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 277
Approval of Budget Amendment #96-0143 - New Hanover County Library
The Commissioners approved the following Budget Amendment:
96-0143 Library
Debit
Credit
Library
Aid to Public Library Grant
$466
Books & periodicals
$466
Purpose:
grant.
To budget funds from the State Aid to Public Libraries
Approval of Budget Amendment #96-0149 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-0149 - Sheriff's Department/Administration
Debit
Credit
Sheriff's Department
Other
$28,975
Departmental Supplies
$28,975
Purpose: To increase the budget for money seized from gambling
(illegal lottery) by the Sheriff's Department.
Approval of Budget Amendment #96-0148 Department of Social
Services
The Commissioners approved the following Budget Amendment:
96-0148 Social Services/Child Day Care
Debit
Credit
Social Services
Office of Day Care
$28,250
Day Care Services
$28,250
Purpose: To budget additional State funds for child day care
servlces.
Approval of Budget Amendment #96-0150 Department of Social
Services
The Commissioners approved the following Budget Amendment:
96-0150 Social Services/Administration/CP&L Intervention Program
Debit
Credit
Social Services/Administration
Administrative Grants $15,321
Social Services/CP&L Intervention Proqram
Assistance Payments $15,321
Purpose: To budget additional State funding received for CP&L
Project Share.
Approval of Budget Amendment #96-0151 Department of Social
Services
The Commissioners approved the following Budget Amendment:
96-0151 Social Services/Administration Crisis Intervention Program
Debit
Credit
Social Services/Administration
Administrative Grants
$20,000
Crisis Intervention Proqram
Assistance Payments
$20,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 278
Purpose: To budget funds received from the Attorney General's
Office for assistance with the low income heat energy assistance,
Crisis Intervention Program.
Approval of Budget Amendment #96-0156 - New Hanover County Human
Services Transportation System
The Commissioners approved the following Budget Amendment:
96-0156 Human Services Transportation System
Debit
Credit
Human Services Transportation System
DOT Vans - Federal
DOT Vans - State
$5,530
2,370
Motor Vehicle Purchase
$7,900
Purpose: To budget state and federal funds for the purchase of a
new vehicle. Ninety percent of the vehicle cost will be funded by
the N. C. Department of Transportation.
CONSIDERATION OF FUNDING REQUEST FROM THE NEW HANOVER HIGH SCHOOL
HANOVER SINGERS-DONCASTER COMMITTEE
Mr. Dixon Baxter, representing the Hanover Singers-Doncaster
Committee, reported the Hanover Singers of New Hanover High School
were selected to represent the New Hanover County School System and
the City of Wilmington in a cultural exchange to Doncaster,
England, the City's Sister-City. Forty-two students and five
adults will travel to England and the Netherlands on April 4-16,
1996. The chorus will stay in Doncaster two days and perform in
concert with a British brass band. The total cost of the trip is
$80,850 ($1,925 per student). As of February 21, 1996, the
students have raised a total of $ 64,850 leaving a balance of
$16,000, which is due March 10, 1996. After approaching the City,
the City Council has challenged the County and committed to match
any contribution approved by the County. The Board was requested
to approve a funding contribution to defray the funding shortfall.
Vice-Chairman Mathews inquired as to how the goal of March 10,
1996, would be met since the money was already past due?
Mr. Baxter advised that a loan had already been made.
Vice-Chairman Mathews asked if the City Council had suggested
a funding figure?
Mr. Baxter replied that a figure of $500 was suggested by the
Wilmington City Council.
Motion: Vice-Chairman Mathews MOVED to match the City funding
allocation of $500. The MOTION FAILED DUE TO NOT RECEIVING A
SECOND.
Chairman Greer expressed appreciation to Mr. Baxter and his
group for the efforts given to raise funds for this worthwhile
cause. He explained that New Hanover County could not fund every
travel request submitted by baseball teams, softball teams, and
other groups because these expenditures should not be paid by the
County taxpayers.
Commissioner Caster volunteered his assistance to the group ln
recruiting additional funds from private donations.
No further action was taken.
CONTINUANCE OF LEASE AGREEMENT (CONTRACT #93-0080) WITH COALITION
OF SUCCESS, INC. FOR LEASE OF THE LUCILLE SHUFFLER BUILDING
County Manager O'Neal advised that through a Letter of
Understanding, the County reserved the right to terminate the lease
of the Lucille Shuffler Building with Coalition of Success, Inc. at
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 279
any March 21 anniversary date. This condition was stipulated in
the lease agreement because the Board specifically required a
review at the end of the first year. He noted that Mr. Ken
Hendricks, President of the Coalition of Success, Inc. was present
and would like to report on the activities of the organization.
Mr. Hendricks reported since the inception of Coalition for
Success, Inc., the organization has been able to maintain its
preschool and after school programs with involvement of 132
children from the housing projects. Currently there is a waiting
list of more than 35 children to enroll in the programs. Also,
Coalition for Success, Inc. is planning to implement a mini-jobs
program for some of the parents with the help of local businesses.
The businesses will donate computers and train the individuals for
positions with their companies.
Mr. Hendricks reported the Lucille Shuffler Building was an
important key to the organization. The building houses
administrative offices, one preschool program, and two after-school
programs. Without use of the building, the organization would
suffer. He requested the Board to continue the lease with the
Coalition of Success, Inc.
Commissioner Barone requested an explanation of the repalrs
that have been made to the building during the past year?
Mr. Hendricks advised that Opera House Theatre Company, Inc.
had repaired the roof and Coalition of Success, Inc. had repaired
the broken windows.
vice-Chairman Mathews inquired as to whether the County had
periodic inspections of the property to see if the building was
being properly maintained?
County Manager O'Neal responded that Staff had not made an
inspection; however, he felt this was an excellent idea. He
advised that periodic maintenance inspections would be scheduled
for the next year.
Discussion was held on the maintenance requirements in the
current lease. County Attorney Copley reported the contract reads
as follows:
"It is understood and agreed that the Lessee accepts the
premises in their present physical condition and the Lessor
shall be under no obligation whatsoever to make any repairs or
replacements to the premises during the term of this lease;
except in the event of damage by fire as hereinafter provided.
The Lessee shall keep, maintain, and repair the premises
during the term of the lease."
Discussion was held on the name change from Crossroads of
North Carolina, Inc. to Coalition of Success, Inc. County Attorney
Copley reported lease assignments for Coalition of Success, Inc.
and Opera House Theatre Company, Inc. would have to be drawn and
executed as well as renewal of the contract for five years.
Chairman Greer commented on some of the programs being located
in the schools and asked Mr. Hendricks if the Coalition of Success,
Inc. would need the Lucille Shuffler Building in the future?
Mr. Hendricks explained that as the organization has grown the
Lucille Shuffler Building was not capable of housing the programs;
therefore, school classrooms and housing projects have been used
and will be used as future sites. The Lucille Shuffler Building
will be needed in the future to house administrative offices.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to continue leasing the Lucille Shuffler Building to
Coalition of Success, Inc. with the lease agreement to expire March
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 280
21, 200l.
documents.
The Chairman was authorized to execute the necessary
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Smart Start Program
Chairman Greer advised that New Hanover County had received
$100,000 in Smart Start funding according to Mr. Royce Angel. He
reported funds were available for the Health Department, Department
of Social Services, and New Hanover County Library, and asked if
the Board would consider allowing these departments to prepare
plans to receive funding allocations.
Commissioner Barone strongly objected to becoming involved in
the Smart Start Program in any manner. She stated, the County
should be either in or out of the program, not in-between.
Vice-Chairman Mathews reported he could not support
participation by the departments since the County had decided not
to join the program.
No action was taken.
Adoption of a Resolution Designating March 23, 1996, through April
7, 1996, as "Mercy Ships Weeks" in New Hanover County
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution designating March 23, 1996, through
April 7, 1996, as "Mercy Ships Weeks" in New Hanover County. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 12.
ADDITIONAL ITEMS - COUNTY MANAGER
Announcement of Hurricane Conference
County Manager O'Neal announced
Conference would be held on April 10-12,
North Carolina.
the annual Hurricane
1996, at Atlantic Beach,
Thursday Morning Staff Meeting to Begin at 8:00 A.M.
County Manager O'Neal advised that the Staff Meeting scheduled
for Thursday, March 14, 1996, would be held at 8:00 A.M. instead of
8:45 A.M. in Room 501 of the County Administration Building, 320
Chestnut Street, Wilmington, North Carolina. The meeting will be
followed by a bus tour to see the increased growth in development
throughout the County.
Discussion of the Short Session of the North Carolina General
Assembly
County Manager 0' Neal announced the Short Session of the
General Assembly would convene on May 13, 1996. He advised that
Staff was in the process of preparing items to present to the local
legislative delegation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 281
Discussion was held on establishing a date for the first
meeting of the Legislative Coordinating Council.
Consensus: It was the consensus of the Board to hold the first
meeting of the Legislative Coordinating Council on Monday, April
29, 1996, at 8:30 A.M. in the Coastline Convention Center.
Authorization for the Chairman of the Water and Sewer District to
Execute the Release Agreement with Espey, Huston, and Associates
County Attorney Copley advised that Espey, Huston & Associates
had agreed to sign a mutual release agreement. She reported the
firm was hired to perform engineering and design services for
construction of the County sewer lines. The Board was requested to
authorize the Chairman of the Water & Sewer District, E. L.
Mathews, Jr., to execute the release agreement.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to authorize the Chairman of the Water & Sewer District to execute
the release agreement with Espey, Huston & Associates. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a meeting
of the New Hanover County Water & Sewer District from 7:15 P.M.
until 7:18 P.M.
BREAK
Chairman Greer called a break from 7:19 P.M. until 7:43 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY CHARLES MATTES TO REZONE
.81 OF AN ACRE ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17 (MARKET
STREET) 360 FEET NORTH OF GREENVIEW DRIVE TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-561, 2/96)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the Planning Board voted
unanimously to recommend denial of the applicant's petition because
the proposed zoning would be inconsistent with the policies of the
1993 Land Use Plan and could lead to similar requests along this
portion of Market Street. After agreeing with Staff on the site
being relatively small with close proximity to commercial zoning,
the property was limited for residential use. As an alternative,
the Planning Board chose to recommend rezoning the site to Office
and Institution. This zoning would be more consistent with the
Land Use Plan and blend with emerging development patterns in this
area. There was no opposition present at the meeting.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following comments were received:
Mr. Charles Mattes, the petitioner, requested the Board to
rezone the property to Office and Institution as recommended by the
Planning Board.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to rezone the property to Office and Institution as recommended by
the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 282
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 6, 1971, is hereby incorporated as a part of
the minutes and is contained in Zoning Book I, Section 5, Page 30.
PUBLIC HEARING TO CONSIDER A REQUEST BY BELL SOUTH PCS TO ERECT A
COMMUNICATIONS TOWER ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17
(MARKET STREET) APPROXIMATELY 350 FEET NORTH OF SWEETWATER DRIVE
(S-385, 2/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
all persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn In:
Dexter Hayes, Planning Director
Jim Cain
John B. Reeves, Jr.
Joe Smathers
Crystal Stilwell
Joseph o. Taylor, Jr., Attorney
John Weldon
Planning Director Hayes advised that Bell South PCS was
requesting approval of a Special Use Permit to erect a 225 foot
high communications tower on the northwest side of U. S. Highway 17
(Market Street) approximately 350 feet north of Sweetwater Drive.
The site is zoned R-15 and is used by Carolina Power and Light
Company. He advised that a Special Use Permit was approved for the
parent tract on December 3, 1973, to allow for construction of an
office, maintenance building and maintenance warehouse for use by
Carolina Power & Light Company. The Special Use Permit was amended
on December 1, 1975, to permit the construction of a 140 foot
microwave tower and a small metal building housing electronic
equipment. This tower was added to provide communication services
between the Wilmington area headquarters of CP&L and other CP&L
installations within the State.
Planning Director Hayes reported the Planning Board voted
unanimously to approve the applicant's petition subject to the
following conditions:
(1) The tower must be lighted with a red-pulsating light for night
use and a white pulsating strobe light for day use.
(2) When the tower is constructed and operational, the existing
CP&L tower must be dismantled within thirty (30) days.
(3) The CP&L antenna on the existing tower must be placed
(collocated) onto the new tower.
(4) The proposed tower must be moved from its current position ln
order to be 250 feet from any property line.
(5) After one year of abandoned use, the tower must be removed
within 30 days.
The following preliminary Staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 283
developed according to the plan as submitted and approved based
upon the following findings:
A. The property has direct frontage along U. S. Highway 17, a
state-maintained road.
B. The property is located ln the Ogden Volunteer Fire Department
District.
C. The proposed use does not need water and sewer.
D. Though electromagnetic waves are emitted, there lS no
conclusive scientific evidence that these waves cause medical
problems when emitted at low frequencies.
E. The structure is engineered so it will collapse inward instead
of tipping over.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
A. Communications towers for cellular or personal communication
use are permitted by Special Use Permit in the R-15
Residential District. The site is zoned R-15.
B. The ordinance has no specific site control standards except
for standard setbacks.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the use
lS a public necessity based upon the following findings:
A. The tower will be located on a tract already occupied by a
microwave tower. That tower was originally approved for a
height of 140 feet. The exact height is unknown.
Additionally, a warehouse, offices and general maintenance
building was constructed for use by Carolina Power & Light to
facilitate general service needs.
B. The site is in closer proximity to a variety of non-
residential developments than to existing residential uses.
C. The existing tower will be dismantled.
D. The tower will be lighted.
General Requirement #4: The location and character of the proposed
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. Land to the south consists primarily of residential uses.
Land to the north, east and southeast consists primarily of
non-residential uses. Land to the west is vacant.
B. The site where the tower is proposed is already occupied by a
shorter tower, maintenance building, office and maintenance
warehouse.
Chairman Greer asked if the petitioner would like to speak.
The following remarks were received.
Mr. John Weldon, Senior Zoning Coordinator for Bell South PCS,
reported the use had met all the general requirements and advised
that Mr. John B. Reeves, Jr., Ms. Crystal Stilwell, and Mr. Joe
Smathers were present to answer any technical questions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 284
Chairman Greer asked Mr. Weldon if he concurred with the Staff
findings and conditions of the Planning Board?
Mr. Weldon stated he agreed with the Staff findings and
conditions as presented.
Chairman Greer asked if any other sworn-ln persons would like
to comment?
No remarks were received.
There being no further discussion, Chairman Greer closed the
Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to grant the Special Use Permit to Bell South PCS for
erection of a 225 foot high communications tower on the northwest
side of U. S. Highway 17 (Market Street) approximately 350 feet
north of Sweetwater Drive based upon the evidence heard 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 contingent upon the following
conditions:
(1) The tower must be lighted with a red-pulsating light for night
use and a white pulsating strobe light for day use.
(2 )
When the tower has been constructed and is operational,
existing CP&L tower will be dismantled wi thin thirty
days.
the
(30)
(3) The CP&L antenna on the existing tower will be placed
(collocated) onto the new tower.
(4) The tower is to be moved from its current position so that it
is at least 250 feet from any property line.
(5) After one year of abandoned use, the tower will be removed ln
thirty (30) days.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained ln SUP Book II, Page 16.
PUBLIC HEARING TO CONSIDER A REQUEST BY BELL SOUTH PCS TO ERECT A
COMMUNICATIONS TOWER ON THE NORTHSIDE OF ALLEN LANE, 300 FEET EAST
OF MILITARY CUT-OFF ROAD (S-386, 2/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to speak must be sworn in by the Clerk to the
Board.
The following persons were sworn In:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 285
Dexter Hayes, Planning Director
Jim Cain
John Galarde
Robert Kline
John B. Reeves, Jr.
Joe Smathers
Crystal Stilwell
Joseph o. Taylor, Jr.
John Weldon
Planning Director Hayes reported that Bell South PCS had
requested a Special Use Permit to erect a 185 foot communications
tower on the northside of Allen Lane, 300 feet east of the Military
Cut-Off Road. He noted that a Special Use Permit had been granted
for the site on April 2, 1973, for construction of a line and
service headquarters for Carolina Power & Light Company (CP&L). He
reported the Planning Board voted unanimously to recommend approval
of the application subject to the following conditions:
(1) The tower will not be lighted because the FAA would not impose
a light standard since the tower was less than 200 feet in
height.
(2) The tower is to be relocated approximately 40 feet to the
northwest to satisfy a 250 foot setback from the R-10 District
line south of Allen Lane.
(3) The tower must be constructed to applicable engineering codes
and standards to ensure controlled collapse.
(4) After one year of abandoned use, the tower must be removed
within thirty (30) days.
The following Staff findings were presented:
General Requirement #1: The proposed 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 has direct access to Allen Lane, a dirt road that
is maintained by the State.
B. The property is located ln the Seagate Volunteer Fire
Department District.
C. The proposed use does not need water and sewer.
D. Though electromagnetic waves are emitted, there lS no
conclusive scientific evidence that these waves cause medical
problems when emitted at low frequencies.
E. The structure is engineered so it will collapse inward instead
of tipping over.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
A. Communications towers for cellular or personal communications
are permitted by Special Use Permit in the R-15 Residential
District.
B. The ordinance has no specific site control standards except
for standard setbacks.
General Requirement #3: The proposed 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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 286
A.
The tower will be located on a
occupied by a line and service
Carolina Power & Light Company.
tract of land currently
headquarters operated by
B. Land to the north is zoned 0&1 and used for offices. Land to
the west and northwest is zoned either B-2, 0&1, or PD and
used for non-residential purposes. Land to the east and south
is zoned R-15 and R-10 and is used for single family and
multi-family purposes.
General Requirement #4: The location and character of the proposed
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 closest communications tower is located approximately one-
half mile to the east. A second tower is planned for
construction near the same location in May 1996.
B.
An overhead water storage
height, is located about
southwest.
tank, approximately 136
one-fourth of a mile
feet in
to the
C. The area has a wide variety of land uses, including offices,
wholesaling, retail, attached dwellings, single-family
dwellings, boat storage, a self-service gas station, and an
auto body shop.
D. Just northwest of the site lS the location of a 230KV electric
substation.
E. The tower will be painted gray and will not be lighted.
Chairman Greer asked if the petitioner would like to comment.
The following remarks were received.
Attorney Joseph o. Taylor, Jr., representing Bell South PCS,
reported the application for the Special Use Permit was heard by
the Planning Board on February 1, 1996. At that meeting there was
opposi tion by the neighbors. After holding a neighborhood meeting,
Bell South agreed to move the tower 252 feet from the closest
multi-family residential dwelling. He reported Bell South feels
this is an excellent location for the tower and stated the company
is in agreement with the findings of fact and conditions
recommended by the Planning Board.
Mr. John Weldon, Senior Zoning Coordinator for Bell South PCS,
reported all of the general requirements had been met and stated
the tower would be moved to provide more protection to surrounding
properties. He requested the Board to grant the Special Use
Permit.
Chairman Greer asked if any other sworn-ln persons would like
to comment.
The following remarks were received.
Mr. Robert Kline, a developer and owner of Blair Properties,
Inc., marked as "M" on the map included in the agenda packet,
reported he was not notified of the Public Hearing; however, he
would like to comment on the proposed use. The tower as proposed
would be 18 stories high, which will be seen above the tree tops
when entering Wrightsville Beach. He strongly obj ected to the
statement that the proposed use would not injure the value of
adjoining or abutting properties. He reported as a developer, he
had found that properties located in close proximity to a tower of
this height would lose value. He commented on the beauty of the
entire area from Military Cut-Off Road to Landfall and expressed
concern for devaluing these properties with placement of a tower on
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 287
the CP&L tract. He urged the Board to deny the request and
consider the aesthetics of the area.
vice-Chairman Mathews commented on the appearance of the tower
and asked if any pictures were available?
Mr. Weldon presented photographs of the tower and how it would
look when completed.
Mr. John Galarde, a local realtor, expressed concern for the
visibili ty of the tower when entering and leaving Wrightsville
Beach. He requested the Board to consider the aesthetics of the
area and deny the request based upon the use not being in harmony
with the area and injuring the value of adjoining or abutting
properties.
vice-Chairman Mathews asked Mr. Galarde where his property was
located?
Mr. Galarde reported he was a partner of Blair Properties,
Inc., marked "M" on the map.
Attorney Taylor reported all adjacent and abutting property
owners had been notified about the Public Hearing as required in
the Zoning Ordinance. He objected to the assumption that
surrounding properties would lose value with erection of a tower in
the area. He requested Mr. Joe Smathers to report on a recent
study performed in North Raleigh regarding property values near
telecommunications towers.
Mr. Joe Smathers, the President of J. F. Smathers & Company
Real Estate, presented a report on the impact of the
telecommunications towers in residential real estate markets in
North Raleigh. The study focused on sales and resales of identical
properties within these neighborhoods in order to identify trends
in property values over time. To eliminate as many variables as
possible, control groups in adjacent neighborhoods were
investigated. It was found that property values have continued to
escalate over time, and that similar trends had been exhibited in
the control groups. The investigation included an extensive search
of the public records of Wake County and conversations with local
real estate brokers and appraisers. There was no evidence found
indicating an adverse impact on property values as a result of
their proximity to the telecommunications towers.
Mr. Kline reported he would be glad to hire a local appraiser
to prepare a report on the impact of these towers to surrounding
properties. He requested the Board to deny the request based upon
the use devaluing surrounding properties.
Mr. Weldon commented on an ordinance being rewritten by
Cumberland County and stated after hiring a local real estate firm
to prepare a report on property values, it was ascertained that
cellular towers do not devalue adj oining properties. In fact,
there should be a significant economic impact to the area because
of this new technology, which will provide better jobs. The Board
was requested to grant the Special Use Permit.
Mr. Galarde stated he was not opposed to telecommunications
towers; however, he did not feel it was right for surrounding
residents to look out their back windows and see a tower of this
size. He disagreed with the property valuation and requested
denial of the use because of injury to the value of surrounding
property values.
Commissioner Barone asked if there would be shared use of the
tower?
Mr. Weldon responded that whenever possible, there would be
shared use of the tower.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 11, 1996
BOOK 25
PAGE 288
After further discussion, the Board decided to requlre shared
use of the tower as a condition of the Special Use Permit.
Chairman Greer asked Mr. Weldon if he would agree to the
shared use condition?
Mr. Weldon stated he would agree to this condition.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit 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; 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 contingent upon the following
conditions:
(1) The tower will not be lighted because the FAA would not impose
a lighting standard since the tower was less than 200 feet in
height.
(2) The tower must be relocated approximately 40 feet to the
northwest to satisfy a 250 foot setback from the R-10
Residential District line south of Allen Lane.
(3) The tower must be constructed to applicable engineering codes
and standards to ensure controlled collapse.
(4) After one year of abandoned use, the tower must be removed ln
thirty (30) days.
(5) The tower must be designed to accommodate shared use by other
vendors.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 16.
Report on National Association of Counties Legislative Conference
Held in Washington, D. C. on March 3-5, 1996
Commissioner Barone commented on the excellent workshops held
at the Legislative Briefing in Washington, D. C. and reported the
conference was well worth the time given to attend the various
sessions. She emphasized the importance of meeting other elected
officials throughout the country and discussing problems of mutual
concern.
ADJOURNMENT
Chairman Greer adjourned the meeting at 8:45 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board