1994-02-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 935
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 7, 1994, at 6:30 P.M. in the First
Floor Assembly Room of the New Hanover County Administration
Building, 320 Chestnut 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
Reverend Rudy Shepherd, Pastor of Peace Baptist Church, gave
the invocation.
vice-Chairman Mathews led the audience ln the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
Mr. Thomas Blackham, a resident of 613 Green Valley Drive,
commented on the article in the newspaper relative to the deposit
of radio active waste near his home and stated this is just the tip
of the iceberg. During the past eight months, he has been dealing
wi th this problem and has contacted the Planning Department,
Engineering Department, Inspections Department, and County Manager
for enforcement of the Zoning Ordinance. No action has been taken
as of this date. The following concerns were presented: (1)
approval for construction of a senior development in this area; and
(2) concern for his recent operation for bladder cancer, which in
his opinion, came from drinking contaminated water created by the
radio active waste. The Commissioners were urged to check into
this matter before other persons become ill.
Commissioner Barone reported the Assistant County Manager has
background information on this matter and, in her opinion, staff
should immediately investigate this issue.
It was agreed to request staff to investigate the matter.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the Consent Agenda as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meetings
of January 3, 1994, and January 18, 1994, as submitted by the Clerk
to the Board.
Adoption of Resolution Requesting the Addition of Harley Road to
the State Highway System
The Commissioners adopted a resolution requesting the addition
of Harley Road to the State Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 936
Renewal of Contract #94-0226 with Attorney Louis K. Newton for Tax
Collections and Foreclosures
The Commissioners renewed the contract with Attorney Louis K.
Newton for tax collections and foreclosures. Mr. Newton's legal
fees are charged to the delinquent taxpayer; therefore, New Hanover
County incurs no collection expenses.
A copy of the contract is on file ln the Legal Department.
Report of Disposals of Personal Property - Finance Department
The Commissioners approved the disposals of personal property
in accordance with G.S. 160A-266(c) for the period of July 1, 1993
through December 31, 1993 as submitted by the Finance Director.
A copy of the report is hereby incorporated as a part of the
minutes and lS contained in Exhibit Book XXII, Page 2.
Authorization to Budget Appropriate Amount in 1994-95 Budget for
Cost Sharing of Unified Planning Work Program
The Commissioners approved a funding participation of 49% as
New Hanover County's share of funding for the Unified Planning Work
Program. Staff was authorized to budget the appropriate amount of
funds in the 1994-95 Budget. Traditionally, the City of Wilmington
has paid the full cost; however, the Transportation Advisory
Committee has recommended that Brunswick and New Hanover Counties
participate in the percentage of funding. The funding percentages
recommended were Brunswick County 10%; New Hanover County 49%; and
the City of Wilmington 41%. The cost to the County should be
approximately $9,000.
Reclassification of Administrative Assistant I to Administrative
Assistant II and Salary Upgrade for Paralegal position - Legal
Department
The Commissioners approved a reclassification of the
Administrative Assistant I position ln the County Attorney's office
to Administrative Assistant II due to assuming the administration
of the Cable Ordinance. The Commissioners, also, approved a salary
upgrade for the Paralegal for additional supervisory
responsibilities of the incumbent in the position. The changes
have been reviewed and recommended by the Human Resources
Department.
Transfer of One Budgeted Part-time Floating Clerical position to a
Full-Time Status
The Commissioners approved one budgeted part-time floating
Clerical position to a full time status. This position is to be
split between the Finance Department and Budget Department.
Resolution Authorizing Access to Safe Deposit Boxes for the Cape
Fear Museum
The Commissioners adopted a resolution authorizing access to
the safe deposit boxes for the Cape Fear Museum to the following
employees:
Janet K. Seapker, Director
Barbara L. Rowe, Curator
Timothy S. Bottoms, Registrar
The change was necessary due to hiring a new registrar.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 2.
Approval of Budget Amendment #94-0127 Human Services
Transportation
The Commissioners approved the following Budget Amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 937
94-0127 Human Services Transportation
Debit
Credit
Human Services Transportation
Elderly/Disabled TAP Funds
$6,701
Human Services Transportation
Elderly
Disabled
$5,026
$1,675
Purpose: To budget additional EDTAP Funds received in FY 1993-94.
Approval of Budget Amendment #94-0134 Department of Social
Services/Child Day Care
The Commissioners approved the following Budget Amendment:
94-0134 Department of Social Services/Child Day Care
Debit
Credit
Dept. of Social Services/Child Day Care
Office of Day Care
$78,154
Day Care Services
$78,154
Purpose: To budget additional State revenues for Child Day Care
funds. No additional County funds are required.
Approval of Budget Amendment #94-0135 - Water & Sewer District
The Commissioners approved the following Budget Amendment:
94-0135 Water & Sewer District/Sewer Operating Fund/Water & Sewer
Finance
Debit
Credit
Sewer Operatinq Fund
Appropriated Fund Balance
$25,000
Water & Sewer Finance
Revolving Loans
$25,000
Purpose: To appropriate Water & Sewer District fund balance in the
amount of $25,000 to budget the expenses related to the Sewer
Connection and Plumbing Assistance Program approved by the Board of
County Commissioners on January 3, 1994. The $25,000 will cover
expenses for a one-year period to connect 30-35 residences to the
County's sewer system.
Adoption of Resolution for a Joint City and County Policy for
Transferring Vacant Land for Housing
The Commissioners adopted a resolution approving a joint City
and County policy for transferring vacant tracts of land in the
City to the Wilmington Housing Finance and Development, Inc., to be
used for housing. The City Purchasing Agent and City Attorney will
coordinate transfers after securing approval of each conveyance by
the Board of County Commissioners. The City will bear the costs of
title work and closing.
A copy of the resolution is hereby incorporated as a part of
the minutes and lS contained in Exhibit Book XXII, Page 2.
PRESENTATION OF PLAQUE TO ETHAN CULBRETH FOR BEING SELECTED THE
WINNER OF THE THEME FOR HUMAN RELATIONS MONTH
Chairman Greer, on behalf of the Board, congratulated Mr.
Ethan Culbreth and presented a plaque in recognition of his theme
being selected for this year's celebration of Human Relations in
New Hanover County. The theme, "Putting the World Together Peace
by Peace" will be used throughout the Human Relations Month.
ADOPTION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 1994 AS
"HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY
Chairman Greer read a proclamation declaring the month of
February 1994 as "Human Relations Month" in New Hanover County and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 938
encouraged the citizens of the County to join in the many events
scheduled throughout the month of February. Emphasis was placed on
the need to practice the principles of human relations throughout
the year on a daily basis to preserve and protect the rights of
each person's freedom.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the proclamation declaring the month of February 1994 as
"HUMAN RELATIONS MONTH" 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 XXII, Page 2.
Ms. Bessie Funderburg commented on the theme and invited the
Commissioners to attend the Human Relations Banquet to be held on
February 26, 1994, in the UNC-W Ballroom at 7:00 P.M.
ACCEPTANCE OF HUMAN RELATIONS 1992-93 ANNUAL REPORT
Motion: After discussion of the goals accomplished and efforts
glven by the members of the Human Relations Commission,
Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to
accept the report. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Reverend Windley invited the Commissioners to attend the Human
Relations Banquet at the First Baptist Church on February 18, 1994,
at 7:30 P.M.
PUBLIC HEARING FOR PRESENTATION OF DEVELOPMENTAL DISABILITIES LONG
RANGE PLAN - SOUTHEASTERN MENTAL HEALTH, DEVELOPMENTAL DISABILITIES
AND SUBSTANCE ABUSE SERVICES
Chairman Greer reported a Public Hearing has been scheduled
for an informational presentation on the Southeastern Center's
Developmental Disabilities Long Range Plan. He requested a motion
to open the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to open the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Ms. Sandee Resnick, Developmental Disabilities Director for
the Southeastern Center, presented the Developmental Disabilities,
Long Range Plan. The focus of Developmental Services in the next
10 years will change and move from a system of services driven by
the existing programs to a system of supports that will be driven
by an individual or family's needs. Natural supports will be used
as much as possible before specialized services are sought. Choice
and participation in the process by each individual and family will
be an integral part in planning and implementing goals. Service
providers will be guided by principles that begin with listening,
finding a way to say "yes" and remembering that while it may be our
job, it is someone else's life.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the Long Range Plan.
The following remarks were received.
Ms. Lisa Poteat, Director of the ARC Employment and Training
Program, stressed the importance of change for persons with
developmental disabilities and urged the Commissioners to support
the plan and meet some of the people whose lives will be changed by
this Long Range Plan.
Ms. Laura Miller, the mother of a 21 year old Down's Syndrome
son, reported her son has held a job at Wilson's Supermarket for
the past three years. Due to the job training received from Ms.
Lisa Poteat, he is working, receives a pay check, and is currently
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 939
enrolled in a school to learn independent living skills. It is
felt this child will soon be completely independent. The
Commissioners were urged to support the plan and make a difference
in the lives of persons with developmental disabilities.
Motion:
MOVED,
Hearing.
There being no further comments, Commissioner
SECONDED by Vice-Chairman Mathews to close the
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Sisson
Public
Chairman Greer closed the Public Hearing and stated no action
is required, but he would like to express appreciation for a most
informative report.
PUBLIC HEARING FOR CABLE TELEVISION BENCHMARK RATES DETERMINATION
POSTPONED
County Attorney Copley reported Vision Cable has requested
postponement of this item until March 14, 1994.
ADOPTION SAFETY AWARENESS PROGRAM
Mr. Dan Galusha, a member of the New Hanover County Safety
Committee, reported the Safety Committee was formed in March 1989
to create an awareness of safety among County employees; develop
policies and procedures for a Safety Employee Handbook; identify
unsafe work practices with recommendations for appropriate
remedies; and develop an effective safety program encouraging feed
back from employees.
The following information was presented on the Safety Program:
Ob-iective: To eliminate or significantly reduce the risk of
accidents and injuries to the general public and employees of
New Hanover County. To develop an employee "SAFETY AWARENESS
PROGRAM". To provide employee safety education as a priority
of New Hanover County.
Policy: The County shall provide to employees the necessary
training and information by means of a "SAFETY AWARENESS
PROGRAM" . County employees will comply with safety
regulations pertaining to their job descriptions. Failure to
adhere to adopted New Hanover County Safety policies may
result in disciplinary action or termination.
Proqram Evaluation: The New Hanover County Employee Safety
Committee will annually evaluate the "SAFETY AWARENESS
PROGRAM" for its effectiveness and make changes as
recommended.
Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by
Commissioner Sisson to adopt the Mission Statement and support the
development of the Safety Awareness Program. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer, on behalf of the Board, expressed appreciation
to the Safety Committee for the time and effort given to develop
the program.
DISCUSSION OF PROBLEMS INCURRED BY MR. AND MRS. FRED SULLIVAN WHEN
CONSTRUCTING TWO HOUSES IN NEW HANOVER COUNTY
Ms. Pamela Sullivan introduced Mr. Fred Sullivan, her husband,
and mother-in-law, Mrs. Bessie Sullivan. The following report was
presented:
In 1990, Fred, Pamela and Bessie Sullivan contracted to build
two houses with L. W. Nicolaysen, a General Contractor. The
problems incurred stemmed from selecting an incompetent builder and
a County Inspections Department who failed to enforce the Building
Code. The contractor led the family to believe that both houses
had passed inspection and had received a Certificate of Compliance.
After living in the home constructed for Fred and Pamela Sullivan
for six months, it was found that a Certificate of Compliance was
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 940
never issued because of two outstanding code violations that were
not corrected by L. W. Nicolaysen. The questions to be answered
are why did the County Inspections Department allow the electricity
to be turned on without a Certificate of Compliance, and why did
the Inspections Department fail to follow up on the code
violations? The violations were corrected by Fred and Pamela
Sullivan in order to obtain the Certificate of Compliance. After
Bessie Sullivan lived in her home for seven months, it was
discovered that the brick chimney was falling away from the house.
At this time, it was decided to hire a private inspector to examine
both houses to be sure there were no other problems. The private
inspector discovered many structural defects in both houses. The
defects were code violations that had been ignored by the New
Hanover Inspections Department. The report prepared by the private
inspector was presented to the Inspections Director, Sky Conklin.
Mr. Wayne Williams, the Chief Inspector for the County, re-
inspected both houses and agreed with the code violations that were
detected by the private inspector. After trying to find out why
the code violations were not properly handled and both houses were
granted the Certificate of Compliance, the only answer received was
that the Inspections Department is understaffed and overworked.
Mr. Conklin finally visited the houses three years after being
informed of the code violations. Later a letter was received from
the Inspections Department informing the family that the code
defects must be corrected before the houses could be sold. Yet,
Mr. L. W. Nicolaysen was able to transfer title of the houses with
the same code violations without receiving a Certificate of
Compliance.
The following charges were presented against Mr. Sky Conklin
and the Inspections Department:
1. Allowing the electricity to be turned on without a
Certificate of Compliance.
2. Gross negligence and incompetency for failing to enforce
the minimum code requirements.
3. Issuing building permits to a builder who has existing
outstanding code violations pending on other houses.
4. Mr. Conklin made a false statement several months ago
relative to the inspection procedure for inspecting foundation
plers.
Ms. Sullivan reported documentation has been provided to the
County Commissioners to substantiate the charges. After three
years of stress and financial burden due to the failure of the New
Hanover County Inspections Department to properly perform their
job, the Sullivans are asking for a solution to the grave injustice
caused by the gross negligence of the County Inspections
Department. This solution can be compensation for the costs to
repair the damages to the homes, or Mr. Conklin and his inspectors
can make the repairs themselves. Also, the Sullivans are asking
that an investigation be made into Mr. Conklin's Inspections
Department resulting in major changes in the department and/or
personnel. Mr. Conklin and his Inspectors should be made
accountable for their mistakes.
Mr. Fred Sullivan showed slides and explained the many defects
found in both houses.
Mr. Glenn Davis, a registered engineer in Wilmington for over
18 years, reported he was invited to attend this meeting, but he is
not being compensated for his appearance. The purpose for
attending the meeting is for the benefit of the public to provide
a third party review of the situation that has occurred to the
Sullivans and other persons constructing homes in New Hanover
County. Most home buyers believe that if a house has been
inspected by the County Inspections Department that this structure
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 941
is in compliance with the N. C. Building Code. Most people believe
the Building Inspectors are strict, even to the point of causing
the contractor a great deal of unnecessary problems. This, also,
is not true. I appreciate Mr. Conklin's candor as quoted in the
recent newspaper article and some improvements have been made in
the Inspections Department, but too many items are slipping through
the cracks. The problem is not the quality of building inspectors
but a problem of policy and procedure. While inspecting houses
throughout the County, numerous code violations have been found in
affordable housing as well as in homes constructed in Landfall.
The most common oversights are as follows:
(1) Too few nails or shingles.
(2) Insufficient or proper nailing of the structure.
(3) Improper flashing or none at all.
(4) Improper foundation.
(5) Improper deck construction.
(6) Bath fans not venting to the outside.
(7) Improper step dimensions.
(8) Improperly installed ceramic tile.
(9) Siding too close to the ground.
Mr. Davis commented on the many qualified Building Inspectors
who work to ensure these types of oversight do not occur and he
made the following recommendations:
(1) Enforce the Building Code consistently by all Inspectors.
When each inspector has a different requirement the creditability
of the requirement is compromised in the eyes of the builder.
(2) Hold Workshops with the builders on a monthly basis to go over
the most frequently found problems and acceptable solutions.
(3) Take proactive steps to present a true picture to the public
of the responsibilities of the Inspections Department. Use the
media to thoroughly explain what the County can and cannot do.
(4) Add unscheduled inspections to the routine to catch defects
which seem to slip through the cracks.
(5) Conduct a manpower survey to determine whether or not the
Inspections Department has enough personnel to properly inspect the
building of homes.
In summary, Mr. Davis requested the Commissioners to
thoroughly review the Inspections Department, particularly with
being understaffed, and move forward with being a leader in quality
construction which will benefit the citizens and all parties
involved. He volunteered to participate in any constructive effort
to be taken by the County to effect change and better serve the
citizens of the County.
Ms. Rebecca Davis, 1418 Dock Street, reported on problems
being experience with HUD and the poor manner in which her house
was repaired. She inquired as to whom she should contact to
correct the problem.
Ms. Hattie Phillips, 1214 Dock Street, expressed concern for
the number of persons being ripped off on home improvements by
contractors working through the City's Neighborhood Housing Program
in conjunction with HUD. She contacted Mr. Scott Redinger with the
City of Wilmington for repairs to her Uncle's home but has not been
successful. She inquired as to whom she should contact to correct
the problem.
Chairman Greer recorded the telephone numbers of Ms.
(763-0896) and Ms. Phillips (763-2826) and stated staff
provide the names of persons that should be contacted.
Davis
will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 942
Mr. Buck O'Shields, a licensed residential contractor in New
Hanover County, reported on the structural problems presented by
the Sullivans and offered the following comments:
(1) The County should not consider compensating the Sullivans for
the structural defects. This should be settled between the builder
and the person(s) building the home.
(2) New Hanover County
Department in the State
building inspectors is
frequently.
has one of the most stringent Inspections
of North Carolina. The training given to
constant and the building code changes
(3) In order to build a house in New Hanover County numerous
permits must be obtained before construction can begin. There is
a 438 page book of regulations that must be followed in order to
receive the necessary permits to build a house in New Hanover
County.
(4) As a contractor, this 438 page book is used to see if a
violation has occurred with subcontractors and, if so, a stop order
is placed on the building process by the contractor.
(5) All Building Inspectors should use the same interpretation
relative to the building code.
(6) Use the money generated from building permits and fees to hire
the necessary personnel to carry out inspections in a timely
manner. It appears these funds have been used to fund positions
and programs that are not directly related to construction.
In summary, 97% of the laws in the County and State are
enacted to protect the citizens from the 3% who do not follow the
rules. As elected officials, your responsibility to the home
buyers and builders in New Hanover County is to provide a
sufficient number of trained inspectors to perform inspections ln
a timely manner to avoid delays to the builder and buyer.
David Hartsell, 2711 Wrightsville Avenue, reported in many
instances contractors with judgement liens filed against them
return to town under another name and are hired as a subcontractor
by a reputable construction company. When replacing his roof, he
contacted a reputable company who subcontracted with another
contractor to perform the work. Due to the poor quality of work
and damage experienced from a leaking roof, it was found that the
subcontractor did have judgements filed, and in his opinion, the
original contractor was aware of this fact. Concern was expressed
for persons moving into the County and having no way to know if a
contractor is reputable.
Mr. Bert Exum, President of Landmark Homes, strongly objected
to the idea of using taxpayers money to fix an individual's home.
This type of precedent would eliminate the responsibility of
contractors and place an unfair financial burden on the taxpayers.
In the case of the Sullivans, the builder should be responsible,
not the taxpayers. If necessary, the matter should be resolved
through the Judicial System. In his opinion, there is no way that
Building Inspectors can have a constant presence on each job site.
There must be good intent on the builder's part to construct a good
home within the code standards and if the home buyer is not
satisfied, the builder should be held responsible.
Mr. Sullivan inquired as to why the County has an Inspections
Department if builder is responsible for compliance to the building
code? The Inspections Department is the agency responsible for
seeing that homes are constructed according to the building code
which provides protection for buyer.
Commissioner Sisson commented on many problems that have been
experienced by persons building homes in New Hanover County and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 943
recommended a review of the Inspections Department for efficiency.
This type of study will benefit the Inspections Department, the
builders, and home buyers.
Consensus: After discussion, it was the consensus of the Board for
the County Manager to undertake a review of the Inspections
Department and report back to the Board.
BREAK
Chairman Greer called a break from 8:10 P.M. until 8:25 P.M.
APPROVAL OF CONTRACT #94-0231 WITH WESTINGHOUSE LANDMARK GIS, INC.
FOR THE PRODUCTION OF A DIGITAL ORTHOPHOTO BASE AND OTHER
DIGITIZATION WORK IN SUPPORT OF THE PROPOSED 911 COMPUTER AIDED
DISPATCH SYSTEM AND MAPS
Assistant County Manager, Dave Weaver, reported the Sheriff
with the assistance of the County staff has actively pursued the
development and acquisition of a Computer Aided Dispatch System
(CAD) to replace the existing 911 address system. The most
important component for the CAD System is the provision of a
computerized up-to-date and accurate data base that can be easily
maintained. One way to develop the data base is through the use of
aerial photography. In addition, the County has a computerized
geographic information system called MAPS that has been in the
process of being implemented for several years. One of the major
obstacles in moving forward with this program is a lack of data
base consisting of relatively accurate digitized tax parcel
boundaries. Development of the digital orthophotos for the 911 CAD
System is an excellent opportunity for the County to correct these
deficiencies and allow the County to move ahead with both the 911
CAD System and the MAPS program.
The Commissioners were requested to award a contract to
Westinghouse Landmark GIS, Inc. in the amount of $ 619,056 for
orthophoto services. Funding for the project will be a combination
of the 911 Surcharge Fund and General Fund Revenues.
Chairman Greer inquired as to whether additional personnel
will be needed to feed the data into the system?
Assistant County Manager Weaver stated no additional staff
will be needed.
Mr. Billy Oakes, the Land Records Supervisor, reported on the
amount of overtime necessary to keep up with daily transactions
when operating a duplicate system. Every document that passes
through the Register of Deeds must be processed in the Land Records
Section. He emphasized the importance of having a reliable and
accurate data base for taxing purposes and stated the expansion of
MAPS will greatly enhance this process.
Chairman Greer inquired as to the compatibility of the MAPS
system to the 911 CAD system?
Sheriff McQueen reported this system will allow rerouting of
all emergency personnel which will greatly enhance the response
time. Also, it is hoped the City will join the 911 System so the
entire County will have a centralized dispatch system.
Mr. Eugene Merritt, Jr., a resident of 123 Colonial Drive and
commercial real estate developer, commented on the private sector's
need for land records and urged the Commissioners to implement this
computerized system.
Commissioner Caster inquired as to the actual revenue received
from the 911 surcharge?
Assistant County Manager Weaver reported the County recelves
approximately $36,000 to $38,000 monthly.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 944
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the contract with Westinghouse Landmark GIS, Inc.
in the amount of $619,056 for orthophoto services and approve the
following Budget Amendment. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Budget Amendment #94-0136 - Emergency Telephone System Fund/Tax
Department
Debit
Credit
Emerqency Telephone System Fund
911 Surcharge
$228,789
Contracted Services
$228,789
Tax Department
Ad Valorem - Current
$390,267
Contracted Services
$390,267
A copy of the contract lS on file in the Legal Department.
AWARD OF BID #94-0207 (CONTRACT #94-0207) TO LAW ENGINEERING OF
WILMINGTON FOR SURVEY AND HYDROLOGY WORK AT THE NEW HANOVER COUNTY
LANDFILL AND AWARD OF CONTRACT #94-0245 TO POST, BUCKLEY, SCHUH &
JERNIGAN, INC. FOR PREPARATION OF TRANSITION PLAN FOR THE NEW
HANOVER COUNTY LANDFILL
Director of Environmental Management, Ray Church, reported
under newly enacted Subtitle D regulations a transition plan must
be developed and approved by the State prior to April 9, 1994. The
plan must include a formalized operation plan, closure and post-
closure plan, water quality monitoring plan, and a report
addressing the County's plans for operation of the New Hanover
County Landfill.
In order to survey and perform the hydrology work on fifteen
ground water monitoring wells at the County Landfill, bid proposals
were prepared and the following bids were received. After a review
of the bids, staff recommends award of the contract to Law
Engineering of Wilmington, the low bidder.
Law Engineering
Environmental Investigations
National Environmental Tech.
Richard Catlin & Associates
$4,300
$7,860
$8,600
$9,018
Staff has negotiated a scope of services for the development
of a transition plan to meet the state and federal requirements
with the engineering firm of Post, Buckley, Schuh & Jernigan, Inc.
in the amount of $39,036. This firm was chosen for negotiation due
to their knowledge of the Landfill as the design engineer for all
landfill cells to date. After contacting several other communities
for cost estimates to develop the plan, prices ranged from $25,000
to $100,000 contingent upon the amount of work to be done and the
type of facility. Staff feels the price negotiated is appropriate
for the scope of work to be performed and recommends award of the
contract to Post, Buckley, Schuh & Jernigan, Inc. Funds were
budgeted in the current year in the amount of $70,000.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to award the low bid to Law Engineering of Wilmington in the amount
of $4,300 for the performance of survey and hydrology work and to
approve the contract with Post, Buckley, Schuh & Jernigan, Inc. for
preparation of the transition plan. The Chairman was authorized to
execute the contract documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer stated, for the record, this is another mandate
by the federal government to the state with the County taxpayers
paying the bill.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 945
Copies of the contracts are on file ln the Legal Department.
CONSIDERATION OF RESOLUTION APPROVING THE GREATER WILMINGTON URBAN
AREA TRANSPORTATION PLAN
Planning Director, Dexter Hayes, reported after several years
of study, analysis, and evaluation of transportation alternatives,
as well as numerous public hearings and neighborhood meetings, the
Transportation Advisory Committee (TAC) has adopted a newly revised
Greater Wilmington Urban Area Transportation Plan. The Wilmington
City Council approved the Transportation Plan with omission of the
Randall Parkway Extension from College Road to Hooker Road.
Chairman Greer inquired as to why the plan was allowed to
progress to this point when the City of Wilmington was not pleased
with the Randall Parkway Extension?
Director Hayes reported the Randall Parkway Extension has been
debated and moved two times since 1972. Only the members of the
City Council can explain their reasons for concern. However, the
UNC-W Board of Trustees has expressed opposition about the location
of the loop which was moved further north and is now part of the
alignment of Randall Parkway. This is a vi tal link in the
east/west transportation corridor. If a portion of the plan is
moved, this will create a gap in the system and that traffic will
move elsewhere. The Metropolitan Planning Organization, N. C.
Department of Transportation, and local Planning Staff feel the
Randall Parkway Extension is the best plan.
Mr. Tom Newman, an engineer with the N. C. Department of
Transportation, reported the plan must be approved in accordance
with federal and state laws. The Transportation Advisory
Committee, representing the Metropolitan Planning Organization who
is the adopting agency for the federal law, has approved the plan;
hence, the plan has been approved on the federal level. The State
law requires that each individual governing body must adopt the
plan. The Town of Navassa has already approved the plan. If the
Wrightsville Beach Board of Aldermen and New Hanover County Board
of Commissioners approve the same resolution as adopted by the
City, the Randall Parkway Extension could be removed from the plan.
A lengthy discussion was held on the Southern Loop as proposed
in the 1985 Plan and the current alternative being considered. Mr.
Newman pointed out the various routes on the map.
Commissioner Sisson emphasized the importance of coordinating
transportation and land use planning in order to avoid potential
conflicts and recommended bringing these efforts together when
updating these plans in the future.
Planning Director Hayes reported the traffic zones created to
develop a Thoroughfare Plan reflected the density proposed land
uses. If the planning policy guidelines that control density along
these areas are not followed, the facilities proposed in the
transportation plan will not be adequate.
A lengthy discussion was held on the proposed plan and the
number of public hearings held on the plan.
Chairman Greer expressed concern for approvlng this item
without thoroughly understanding the plan.
Commissioner Sisson agreed and recommended scheduling a Work
Session to thoroughly review the plan.
Consensus: It was the consensus of the Board to schedule a Work
Session on March 10, 1994, at 10:00 A.M. in Room 501 of the New
Hanover County Administration Building to review and discuss the
Greater Wilmington Urban Area Transportation Plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 946
REQUEST FOR RELEASE OF FUNDS TO OGDEN VOLUNTEER FIRE DEPARTMENT FOR
THE FIRST PHASE OF THE PORTERS NECK FIRE SUB-STATION
County Attorney Copley reported the Commissioners decided not
to release funds for the first phase of the Porters Neck Fire Sub-
station until a decision had been rendered in Superior Court. The
court has ruled in favor of the County; however, this ruling is on
appeal to the N. C. Court of Appeals. It is the feeling of the
Legal Department that no evidence will be presented to reverse the
decision rendered by the Superior Court. Attorney George Rountree
is present and would like to comment.
Attorney Rountree, representing the property owners of Figure
Eight Island, commented on the funding request of $60,000 being
paid from taxes collected in the Fire District and urged the
Commissioners to release the funds to begin construction of the
sub-station in order to improve fire protection for this area. The
current fire rating of 10 is the lowest rating on the scale, and
the citizens living in Porters Neck and Figure Eight Island deserve
to receive a better quality of fire protection. Since delay of
funding because of the court proceedings, two fires have occurred
and two deaths have almost occurred due to a poor response time.
He urged the Commissioners to release the funds requested.
Motion: After a lengthy discussion on ownership, Commissioner
Barone MOVED, SECONDED by Commissioner Caster to release the
$60,000 for Phase I of the Porters Neck Sub-station contingent upon
the title be jointly held by New Hanover County and the Ogden
Volunteer Fire Department.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Voting Nay: Vice-Chairman Mathews
Vice-Chairman Mathews stated, for the record,
because this item had previously been approved
stipulated joint ownership provision.
he voted no
without the
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 1.2 ACRES AT 5311
CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURE TO O-I OFFICE AND
INSTITUTION (Z-488)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
unanimously approved the applicant's request with no opposition
from the public. The site is located on the west side of Castle
Hayne Road approximately 125 feet south of Prince George Avenue.
Property to the north is zoned B-2 Business and is occupied by a
small take-out restaurant. Property to the south is zoned 0-1
Office and Institution and is vacant. A portion of that land is
also owned by the Castle Hayne Volunteer Fire Department. Based on
surrounding zoning and existing use of the property, the Planning
Board and staff recommend approval of the rezoning request.
Staff Planner, Pete Avery, presented slides of the site.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed rezonlng.
The following remarks were received:
Mr. Nick Bianco commented on attending the meeting of the
Planning Board and reported the Castle Hayne Volunteer Fire
Department is in favor of the 0-1 Zoning which is more appropriate
with the surrounding properties.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 947
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to approve rezoning of 1.2 acres located at 5311 Castle Hayne Road
from RA Rural Agriculture to 0-1 Office and Institution as
recommended by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED JULY 1, 1985," is hereby incorporated as a
part of the minutes and is contained in Zoning Book II, under the
Castle Hayne Section, Page 19.
CONSIDERATION OF A REQUEST TO REZONE 5.2 ACRES ON THE NORTH SIDE OF
WRIGHTSVILLE AVENUE WEST OF NEW ORLEANS PLACE FROM R-15 RESIDENTIAL
TO CONDITIONAL USE R-10 RESIDENTIAL FOR 17 DWELLING UNITS (Z-489)
Chairman Greer opened the Public Hearing and reported this is
a quasi-judicial hearing; therefore, persons wishing to testify
must be sworn in by the Clerk to the Board.
The following persons were sworn In:
Scott P. Hedrick
Sydney Musick
Bob Wessell
Nick Garrett
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the applicant's request
as submitted. No additional conditions were placed on the project.
Two nearby property owners expressed concern to the Planning Board
about existing traffic congestion along Wrightsville Avenue feeling
the traffic would be exacerbated by the increase in density.
The following Staff findings were presented:
(1) The site is classified Urban Transition. R-10 zonlng lS
permitted in this land classification.
(2) The site has 5.2 acres and is currently occupied by an
existing dwelling unit.
(3) A site plan meeting the requirements of Section 59.7-3
(2) has been submitted.
(4) The proposed density and unit orientation is permitted by
right in the R-10 District. (Note: The Technical Review
Committee of the County Planning Board must also review the
proposed development for compliance with subdivision design
standards. )
(5) Water and sewer serVlces are available.
(6) Similar densities are located nearby.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received.
Mr. Scott Hedrick, a partner of CGH Investments, presented a
map of the location and reported the addition of the four units
will enable the company to construct an upscale project for the
neighborhood. The units will be compatible to the area and will
not injure surrounding properties. The Commissioners were
requested to approve the rezoning request.
Mr. Nick Garrett, the builder, reported ln order to provide
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 948
privacy a seven foot high fence will be placed on the eastern side
of the property. Trees will be left for buffering and a Georgian
style exterior will be used. It is felt this will be a very
upscale project.
Ms. Sydney Musick, a resident across the street, commented on
the number of accidents that occur on the Wrightsville Avenue curve
and stated with no left turn lane she is concerned for public
safety.
Mr. Garrett reported the entrance is the furthest point and
the project is in compliance with DOT standards, which required
widening of the front entrance. Also, if this property had been
developed a few years ago, 50 units could have been constructed on
this property.
Mr. Bob Wessell, a property owner across from the site,
commented on the current traffic problems and expressed concern for
another development being located on this curve, which, in his
opinion, is not in the general interest of the neighborhood.
Commissioner Sisson expressed concern for the amount of
traffic that will be generated by the additional units and
recommended requesting the Sheriff to place a radar unit in this
area to better control the speed limit.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve rezoning the 5.2 acres of property on the north side of
Wrightsville Avenue adjacent to Wrightsville Place Townhomes from
R-15 to CD(R-10) for the placement of 17 dwelling units. 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. 9B 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-B, Page
73-A.
Chairman Greer reported since the rezoning has been approved
the Board must consider granting a Special Use Permit.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to grant the Special Use Permit based upon the evidence and
arguments presented establishing the following findings of fact and
drawing the following conclusions:
1. The County Commissioners find as a fact that all of the
specific requirements set forth in Section 72 of the County Zoning
Ordinance will be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' conclusion that the proposed
use does satisfy the first general requirement listed in the
Ordinance; namely that the use will not materially endanger the
public health or safety if located where proposed and developed
based upon the following findings of fact:
(a) Adequate water and sewer is available to serve the site.
(b) The site is located within the Seagate Volunteer Fire
Department District.
(c) The site's entrance is located so that adequate site
distance is provided for ingress and egress.
3. It is the County Commissioners' conclusion that the proposed
use does satisfy the second general requirement listed in the
Ordinance; namely that the use meets all required conditions and
specifications based upon the following findings of fact:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 949
(a) The site received preliminary approval from the Technical
Review Committee.
(b) The number of units proposed meets the density allowance
of the R-10 Zoning District.
4. It is the County Commissioners' conclusion that the proposed
use does satisfy the fourth general requirement listed in the
Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be
in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover
County based upon the following findings:
(a) Most of the site's existing vegetation will be retained.
(b) A seven foot high solid privacy fence will be installed
along part of the site's eastern property line.
(c) Properties of similar densities are located nearby.
The Chairman was authorized to request the Sheriff to place a radar
patrol in this area. 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 6.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR AN IN-
HOME CHILD DAY CARE FACILITY
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
anyone wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn In:
Carrie Muse
Russell Sobers
Rachel Lord
Jonathan Barfield, Sr.
Robert Lord
Bernadette Allen
Mary Guerassio
Helen Nash
Valerie Murphy
Dave Kimble
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend denial of the applicant's request.
Numerous concerned residents appeared before the Planning Board to
express displeasure with the expanded day care facility because of
additional noise and traffic.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received.
Ms. Carrie Muse, a New Hanover County Day Care Provider with
an existing home registered to care for eight children, requested
the Commissioners to approve a Special Use Permit to expand her
facili ty to care for 12 children. The Department of Social
Services has indicated a special need for child day care in
residential areas. Locating a small day care facility in the
community near the homes of children is better for the parents and
children. As to traffic, accommodations have been made for parents
to pick up and deliver children on a schedule that will allow only
two or three vehicles to enter or leave the facility at the same
time. Four parking spaces will be provided to avoid any cars from
backing into the street. As to noise, the children kept are
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 950
infants, pre-school, and after school children. The children are
never on the playground at one time. The after school children
participate in a program three hours a day with only 15 minutes on
the playground. After discussion with Mr. Adley Bass, a County Tax
Appraiser, she was informed that he has no knowledge of a day care
facility devaluing adjacent properties.
Ms. Muse presented the following data: (1) documentation on
compliance to State requirements; (2) a letter from a Day Care
Supervisor at the Department of Social Services on the need for
residential day care centers; (3) letters of personal reference;
(4) letters of reference from parents kept in the home; and (5)
educational background.
Mr. Muse stressed the importance of providing quality day care
with a strong educational curriculum and requested the
Commissioners to grant the Special Use Permit for expansion of the
day care facility.
Mr. Jonathan Barfield, Sr., a local contractor, presented
pictures of the proposed addition to the existing day care facility
and stated this addition will enhance the surrounding properties.
Under State standards, Ms. Muse has enough space to keep 16
children; however, she desires to provide a facility with ample
space and restroom facilities. As to complaints about devaluation
of surrounding properties, pictures were presented of adj acent
properties who have junk cars, lawn mowers, boats, trailers, and
neglected sheds in their yards. After touring the present facility
with a County Building Inspector and Fire Inspector, they reported
this day care center is one of the best operated centers in the
County. He requested the Commissioners to grant the Special Use
Permit.
Mr. Russell Sobers reported his youngest child attends the day
care center and receives an excellent educational program with a
special form of loving care. He urged the Commissioners to grant
the Special Use Permit.
Ms. Bernadette Allen, a registered nurse and parent, urged the
Commissioners to consider the quality of care needed for our
children, who are the future, and stated Ms. Muse provides an
exceptional education program with loving care.
Ms. Rachel Lloyd, a parent of three children kept by Ms. Muse,
reported the Muse Day Care Center provides a quality day care
service that is available 24-hours a day. She is an excellent day
care provider and is shocked to hear the complaints from the
neighbors. She lives in the neighborhood and does not feel her
property will be devalued by the expanded facility.
Mr. Robert Lloyd, the owner of property directly behind the
day care center, commented on the small lots and houses with small
backyards and stated he cannot see how 12 children can be kept in
one of these houses. He expressed concern for noise and the
problems experienced with septic tanks in this area which will
increase with the proposed expansion. Because of the noise, he is
not able to keep his house rented. In his opinion, the majority of
neighbors are opposed to the expanded day care facility.
Ms. Helen Nash, the next door neighbor, reported on purchasing
her home in 1972 for retirement in a quiet neighborhood. Concern
was expressed for living next door to a business and she requested
the Commissioners to deny the request because of additional noise
and traffic that will be generated by the expanded facility.
Ms. Valerie Murphy, an adjacent property owner, commented on
the picture presented by Mr. Barfield which showed her shed as a
shack. She and her husband purchased the house three years ago and
have made costly repairs on the interior of the home. The shed is
scheduled for repair this year. In her opinion, day care centers
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 951
are badly needed; however, the proposed expansion will increase the
noise and traffic, which is of concern since her husband works at
night and sleeps during the day.
Ms. Mary Guerassio, a property owner across the street,
complimented the family for making a living by providing day care,
but expressed concern for another business locating in the
neighborhood.
Mr. Dave Kimble, a resident of 4618 Norwich Road, commented on
traffic, noise, and the current problems experienced with septic
tanks and stated the expanded facility will increase these
problems. Also, from observing her son who uses the street as a
bathroom and young ladies around the house, he would not let his
child be kept in this day care center.
Chairman Greer closed the Public Hearing.
Chairman Greer inquired as to why the Planning Board denied
the request?
Planning Director Hayes reported the Planning Board denied the
request based upon additional traffic generated, noise, and
displeasure with expansion of the operation within the
neighborhood.
Discussion was held on the number of children kept in the
facility under State standards. Director Hayes reported Ms. Muse
is registered by the State to keep 8 children. This is in conflict
with the County's Ordinance. The State has two ways to control day
care through a registered facility or licensed facility which is
evaluated according to square footage, safety, and inspections.
The County's ordinance clearly states that any facility keeping
over 5 children must have a Special Use Permit.
Commissioner Sisson commented on one group saying this is a
well maintained facility with neighbors who feel too much noise is
created. He recommended placing the following conditions on the
Special Use Permit to control the noise and provide more privacy:
(1) installation of a wood privacy fence along the side and back
of the property; (2) limit the number of children being kept to 12;
and (3) establish a limit for the number of children that can play
in the yard at one.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commission Sisson to grant the Special Use Permit based
upon the evidence and arguments presented establishing the
following findings of facts and drawing the following conclusions:
(1) The County Commissioners find as a fact that all of the
specific requirements set forth in Section 72-20 of the County
Zoning Ordinance will be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
(2) It is the County Commissioners' conclusion that the proposed
use does satisfy the first general requirement listed in the
Ordinance; namely 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. In support of
this conclusion, the Commissioners make the following findings of
fact:
(a) The applicant has received applicable Health Department
permits pertaining to septic tanks and inside cleaning and
toilet facilities.
(b) The site has been inspected by the Fire Marshal and
Building Inspector for general safety.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 952
(c) The site is located within the Winter Park Volunteer Fire
Department.
(3) It is the County Commissioners' Conclusion that the proposed
use does satisfy the second general requirement listed in the
Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners
make the following findings of fact:
(a) The site is appropriately zoned for the use.
(b) An outside fenced play area is provided.
(c) Adequate off-street parking is provided and room lS
available to exit the site without backing into the street.
4. It is the County Commissioners' conclusion that the proposed
use does satisfy the third general requirement listed in the
Ordinance; namely that the use will not substantially injure the
value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the Commissioners
make the following findings of fact:
(a) Except for a small addition, the basic floor plan of the
existing dwelling remains unchanged.
(b) No changes are planned for the structure's facade.
(c) The owner currently has a registered day care in the
house and no evidence is available that suggests it devalues
the adjoining property.
(d) There are similar operations ln the general area.
5. It is the County Commissioners' conclusion that the proposed
use does satisfy the fourth general requirement listed in the
Ordinance; namely that the location and character of the use, if
developed according to the plan as submitted and approved, will be
in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover
County. In support of this conclusion, the Commissioners make the
following findings of fact:
(a) Except for a small addition, the basic floor plan of the
existing dwelling remains unchanged.
(b) No changes are planned for the structure's facade.
(c) The owner currently has a registered day care in the
house and no evidence is available that suggests it devalues
the adjoining property.
(d) There are similar operations ln the general area.
6. The special use permit is subject to the following conditions:
-Applicable federal, state and local laws.
-A six (6) foot wooden privacy fence be installed along the
side and rear property lines.
-A maximum of twelve children are permitted for care.
-No more than one third (1/3) of the children may be permitted
in the outside play area at any given time.
-Removal of the parking space in the front yard directly ln
front of the house.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 953
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Caster
Commissioner Caster stated, for the record, he lS very
grateful for individuals like Ms. Muse, but feels the increased
traffic and noise can not be legislated; therefore, he cannot
support the request.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 6.
Commissioner Sisson requested staff to request the Planning
Board present their findings of fact with a recommendation based
upon these findings. This would assist the Board of Commissioners
in determining why a request, such as this, was denied.
Planning Director Hayes reported he will be glad to check into
this matter; however, the minutes of the Planning Board meetings
could be used which would eliminate redundancy.
BREAK
Chairman Greer called a break from 11:05 P.M. until 11:13 P.M
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR AN
EIGHT SLIP COMMUNITY BOATING FACILITY AT THE EASTERN END OF PELICAN
POINT ROAD
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to comment must be sworn in by the Clerk to the
Board.
The following person was sworn In:
Pete DeVita
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the applicant's request.
The preliminary staff findings are as follows:
(1) The site is located at the eastern end of Pelican Point Road
and extends from the DeVita property.
(2) The applicant proposes to construct a gazebo, fixed pier and
eight (8) slip floating dock. A Coastal Area Management Act permit
application has been filed.
(3) The County permits community boating facilities by Special Use
Permit only. Note: Community boating facilities are defined as
those serving or intending to serve more than five (5) residential
lots or units; however, the number of slips may not exceed the
number of residential lots or units within the associated
development. The eight (8) lots will have access to the facility.
(4) No commercial activities are permitted. None are planned.
(5) No off-street parking is planned. The applicant proposes that
dock users park at their nearby respective residences and walk to
the facility.
(6) The adjoining waters are classified SA/ORW, an indication of
Shellfishing and Outstanding Resource Water; however, the
harvesting of shellfish is prohibited.
(7) The facility will cross a salt marsh, a conservation resource
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 954
identified for protection by the County Zoning Ordinance. Note:
The Ordinance permits water dependent uses, such as docks, piers
and boat ramps in the conservation space provided the facility is
designed to minimize impact on the space.
(8) The site is located within the Myrtle Grove Volunteer fire
Department District.
(9) No sewer service lS required.
(10.) A small water line will be extended to the facility. It
will be used to clean fish and wash down boats.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received.
Mr. Pete DeVita reported the DeVita portion of the permit has
been eliminated from the request, and the CAMA and Corps of
Engineers permits have been received. The proposed facility will
be of quality construction and enhance the value of the community.
The Commissioners were requested to grant the Special Use Permit.
Planning Director Hayes asked Mr. Pete DeVita if he concurs
with the findings of fact presented by the Planning Staff.
Mr. DeVita agreed with the findings of fact as presented.
Commissioner Sisson inquired as to whether there will be a
problem with boaters dumping toilet waste into the waterway.
Mr. DeVita reported one of the permits will not allow dumping
of toilet waste into the water.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit for an eight slip community
boating facility based on the evidence presented satisfying the
four general requirements. 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 6.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a meeting of the Water &
Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 11:20 P.M.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:22 P.M.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF EMERGENCY PURCHASE OF BOILER GRATES - WASTEC
Director of Environmental Management, Ray Church, reported
during shutdown of the boilers for maintenance it was discovered
that the grate system in one of the old boilers was burned out and
in danger of sagging into the undercarriage of the boiler. The
boiler cannot be relit until the grates are replaced. The
Commissioners were requested to adopt a resolution approving the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 955
purchase of 144 boiler grates as an emergency purchase within the
guidelines of N.C.G.S. 143-192.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the resolution for an emergency purchase of boiler grates
for one of the old boilers in the amount of $20,880 at WASTEC in
compliance of N.C.G.S. 143-192. 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 XXII, Page 2.
APPOINTMENT OF VICE-CHAIRMAN E. L. MATHEWS, JR. TO SERVE ON THE DSS
BUILDING TASK FORCE
County Manager 0' Neal requested appointment of one County
Commissioner to serve on the DSS Building Task Force.
Consensus: After discussion, it was the consensus of the Board to
appoint Vice-Chairman Mathews to serve on the DSS Building Task
Force.
AUTHORIZATION FOR STAFF TO PROCEED TO PURCHASE PROPERTY LOCATED AT
402 CHESTNUT STREET
County Manager 0' Neal reported the owner of the property
located at 402 Chestnut Street has agreed to a sale price of
$150,000 contingent upon the County performing the closing and
title work at no cost to the owner, and the County conducting the
environmental review in an amount not to exceed $2,500. The
Commissioners were requested to allow staff to proceed to purchase
the property with an appropriation from the unappropriated fund
balance.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to authorize staff to proceed with the purchase of the
property located at 402 Chestnut Street at a sale price of
$150,000. The funds are to be appropriated from the unappropriated
fund balance, the County will perform the necessary title and
closing work, and the County will conduct an environmental review
not to exceed $2,500. The floor was opened for discussion.
Commissioner Caster stated, for the record, he cannot support
this motion because the cost is too high.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Caster
REPORT ON WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC.
County Attorney Copley reported she contacted the Wilmington
Housing Finance and Development, Inc. to see if they can extend
their services outside the City Limits. The corporation can go
beyond the City limits, but County funds would be required.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
REPORT ON 1994 LEADERSHIP CONFERENCE HELD IN RALEIGH, N. C.
Vice-Chairman Mathews reported on attending the 1994
Leadership Conference in Raleigh, N. C., where school officials and
County Commissioners met to discuss public schools. The focus of
the conference was on communication and the need to develop a
cooperative and working relationship between county managers and
superintendents of schools as well as among Boards of Education and
Boards of County Commissioners. The conference was most
informative.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 7, 1994
BOOK 23
PAGE 956
AUTHORIZATION TO NAME THE PARK IN THE OGDEN AREA
Chairman Greer reported the Parks Advisory Board would like to
officially name the park in the Ogden area.
Motion: After discussion, Commissioner Barone MOVED,
Vice-Chairman Mathews to officially name the park,
Upon vote, the MOTION CARRIED UNANIMOUSLY.
SECONDED by
Ogden Park.
DISCUSSION OF LEASING THE ROCK HILL COMMUNITY BUILDING
Chairman Greer reported the lease on the Rock Hill Community
Building expired on June 30, 1992. Mr. Benjamin A. Bellamy,
Scoutmaster of Troop 233 would like to lease the building. The
Parks Advisory Board is not interested in renewing the lease and
would like to allow Troop 233 to lease the building if agreeable
with the Board of County Commissioners.
Consensus: It was the consensus of the Board not to renew the
lease. Staff was requested to relay this information to the Parks
Director, Neal Lewis.
REPORT ON "FRIENDS OF TOBACCO" MARCH IN WASHINGTON, D.C.
Commissioner Barone reported on going to Washington on January
26, 1994 with approximately 2,000 people to express concern for
allowing President Clinton's health plan to be paid for by the
tobacco industry. The march was successful, and she joined the
group at her own expenses since tobacco is of such economic
importance to the State of North Carolina.
ADJOURNMENT
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 11:40 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board