1993-12-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 835
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, December 6, 1993, 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 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
Director of Finance, Andrew J. Atkinson, gave the invocation.
Commissioner Barone led the audience ln the Pledge of
Allegiance to the Flag.
ELECTION OF CHAIRMAN FOR THE ENSUING YEAR
County Attorney Copley opened the floor to recelve nominations
for Chairman of the Board for the coming year.
Commissioner Barone nominated Commissioner Robert G. Greer to
serve as Chairman of the Board. Commissioner Mathews seconded the
nomination.
There being no further nominations, County Attorney Copley
declared the nominations closed.
Vote: Upon vote, Commissioner Robert G. Greer was UNANIMOUSLY re-
elected to serve as Chairman of the Board of County Commissioners
for the coming year.
Chairman Greer thanked his fellow Commissioners for entrusting
him with the Chairmanship for another year and stated he will
strive to serve to the best of his ability.
ELECTION OF VICE-CHAIRMAN FOR THE ENSUING YEAR
Chairman Greer opened the floor to receive nominations for
Vice-Chairman of the Board of County Commissioners for the coming
year.
Commissioner Sisson nominated Commissioner E. L. Mathews, Jr.
to serve as Vice-Chairman. Commissioner Caster seconded the
nomination.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, Commissioner E. L. Mathews, Jr. was UNANIMOUSLY
re-elected to serve as Vice-Chairman of the Board of County
Commissioners for the coming year.
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.
The following remarks were received:
Mr. Greg Crockett, a resident of Carolina Beach, quoted from
the book of St. Matthew, Chapter 12, Verses 33-37 of the King James
Version of the Holy Bible.
APPROVAL OF CONSENT AGENDA
Chairman Greer reported Commissioner Barone would like to
remove the minutes of November 1, 1993, due to not having time to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 836
thoroughly read the minutes of the Public Hearing concerning the
modification of the Landfall Master Plan for an additional driveway
on Military Cut-Off Road.
Chairman Greer requested removal of Item #10 on the Consent
Agenda and recommended this item be considered after a Work Session
has been held on employee benefits.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the Consent Agenda items with removal of the
minutes for the meeting of November 1, 1993, and Item #10. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following
meetings:
Budget Work Session - November 4, 1993
Special Emergency Session - November 12, 1993
Regular Meeting - November 15, 1993
Continued Meeting - November 19, 1993
Adoption of Resolution Requesting the Addition of Roads in Mission
Hills Subdivision to the State Highway Maintenance System
The Commissioners adopted a resolution requesting the addition
of roads in Mission Hills Subdivision to the State Highway
Maintenance System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 27.
Adoption of Resolution Awarding Bid #94-0138 (Contract #94-0138) to
Arcadian Corporation for Noxout Reagent for the WASTEC Facility
The Commissioners adopted a resolution awarding Bid #94-0138
to Arcadian Corporation in the amount of $225,504 for the provision
of Noxout Reagent for use at the WASTEC Facility. The contract is
for a period of two years. The Chairman was authorized to execute
the contract documents.
A copy of the resolution and list of bids received is hereby
incorporated as a part of the minutes and is contained in Exhibit
Book XXI, Page 27.
Adoption of Resolution Awarding Bid #94-0137 (Contract #94-0137) to
Eastern Ridge Lime Company for Hydrated Lime for the WASTEC
Facility
The Commissioners adopted a resolution awarding Bid #94-0137
to Eastern Ridge Lime Company in the amount of $274,115 for the
provision of hydrated lime for the WASTEC Facility. The contract
is for a period of two years. The Chairman was authorized to
execute the contract documents.
A copy of the resolution and list of bids received is hereby
incorporated as a part of the minutes and is contained in Exhibit
Book XXI, Page 27.
Adoption of Resolutions Approving Public Official Bonds
The Commissioners reviewed and approved the public official
bonds for the New Hanover County ABC Board; New Hanover County
Finance Officer; New Hanover County Sheriff; Register of Deeds of
New Hanover County; and Clerk of Superior Court of New Hanover
County. The Sheriff's bond was set at $5,000, and bonding was
waived for ABC Board Members who do not handle funds.
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXI, Page 27.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 837
Adoption of Resolution Accepting a Grant (Contract #94-0174) from
the N. C. Department of Crime Control and Public Safety and
Approval of Budget Amendment #94-0098 - Emergency Management
The Commissioners adopted a resolution accepting a Hazardous
Materials Transportation Act grant awarded to the Emergency
Management Department in the amount of $10,250 to provide training
and planning for hazardous material transportation and emergency
response. Also, funds will be used to convert the current 3/4
clerical position in the Emergency Management Department to a full
time position beginning December 1, 1993, through June 30, 1994,
for clerical and data entry support. This position will return to
3/4 time when the grant funding ends. The County Manager was
authorized to execute the Memorandum of Understanding between New
Hanover County and the N. C. Department of Crime Control and Public
Safety. No County match is required and the following Budget
Amendment was approved:
94-0098 Emergency Management
Debit
Credit
Emerqency Manaqement
HMTA Grant
$10,250
Emerqency Manaqement
Salaries
FICA
Retirement
Supplies
Capital Outlay
$ 2,930
224
146
6,000
950
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 27.
A copy of the Memorandum of Understanding is on file ln the
Legal Department.
Adoption of a Resolution Accepting a Grant (Contract #94-0173) from
the N. C. Department of Crime Control and Public Safety - Emergency
Management
The Commissioners adopted a resolution accepting a grant from
the Hazardous Materials Transportation Act for the implementation
of training and planning for hazardous material transportation and
emergency response. The County Manager was authorized to execute
the Memorandum of Understanding and the following Budget Amendment
was approved. No County match is required.
94-0099 - Emergency Management
Debit
Credit
Emerqency Manaqement
HMTA Grant
$500
Emerqency Manaqement
Supplies
$500
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 27.
A copy of the Memorandum of Understanding is on file ln the
Legal Department.
Award of Contract to Elevator Specialist of Carolina, Inc.
(Contract #94-0151) - Property Management
The Commissioners awarded the low bid to Elevator Specialist
of Carolina, Inc. in the amount of $1,732.08 per month to provide
elevator service. The Chairman was authorized to execute the
contract documents.
A copy of the bid list is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 27.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 838
A copy of the contract is on file ln the Legal Department.
Budget Amendment #94-0093 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
94-0093 Commissioners' Office - Outside Agencies/Human Services -
New Hanover Community Health Center
Debit
Credit
Commissioners' Office
Appropriated Fund Balance
$293,000
Outside Aqencies/Human Services
New Hanover Community Health Center
$293,000
Purpose: To budget fund balance for cost of land purchase and
related expenses for the New Hanover Community Health Center.
Capital funding in an amount up to $300,000 was approved by the
Board of County Commissioners on October 18, 1993.
Approval of Budget Amendment #94-0096 - Human Relations
The Commissioners approved the following Budget Amendment:
94-0096 Human Relations
Debit
Credit
Human Relations - HUD
HUD Grant
$15,400
Human Relations
Training & Travel
Capital Outlay - Equipment
Contracted Services
$ 5,000
$ 5,806
$ 4,594
Purpose: To establish budget for HUD contract that began October
1, 1993.
PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL
YEAR ENDING JUNE 30, 1993
Director of Finance, Andrew J. Atkinson, reviewed the letter
of transmittal along with various sections of the Comprehensive
Annual Financial Report and explained how to find information in
the report. He introduced Mr. Paul Hamlin, the Managing Partner
of McGladrey & Pullen, to comment on the audit.
Mr. Hamlin reported with decreased interest rates, two bond
refunding issues have saved the County over $9,000,000. This
savings will be gained over the life of the bonds. Due to low
interest rates for investments, this figure dropped during the past
year to $1,500,000, which is still very acceptable with the current
earnings. The revenue base has grown approximately 9% over the
previous year. Due to strict monitoring of the budget by County
Staff, expenditures for the past year were $86,200,000 instead of
the budgeted figure of $91,762,000. All department heads and staff
are to be commended for very closely watching expenditures.
The general fund balance is the criteria used by bond agencles
when preparing a credit rating. Due to the Slze of the
undesignated fund balance, which increased to $17,000,000 over the
past year, the County can operate from this cash reserve for two
months without collecting any revenue. This is a strong, sound
financial position and has provided the County with excellent bond
ratings, an Aa rating with Moody's and an A+ rating with Standard
and Poor's. In the special revenue funds, there is an accumulation
of $6,000,000 in the Room Occupancy Tax as a reserve for erosion
control projects; and a fund balance of $1,500,000 in the Special
Fire District account. The tax collection rate for the County
slightly increased, which is exceptional during difficult economic
times.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 839
In summary, the
has complied to all
financial reporting.
financial year.
County is in a strong financial position and
State and Federal regulations relative to
The County has truly had an outstanding
Chairman Greer complimented the Finance Director and Staff for
an outstanding job performed in financial management during the
past year.
ADOPTION OF TAX PARCEL IDENTIFIER ORDINANCE - SECOND READING
Chairman Greer reported this is the second reading of the Tax
Parcel Identifier Ordinance and inquired as to whether anyone would
like to comment. No remarks were received.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the Tax Identifier Ordinance as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance lS hereby incorporated as a part of
the minutes and is contained ln Exhibit Book XXI, Page 27.
The ordinance will be codified into the New Hanover County
Code.
BREAK
Chairman Greer called a break from 7:10 P.M. until 7:20 P.M.
APPROVAL OF AMENDMENT TO CHAPTER 15, SECTION 6 OF THE NEW HANOVER
COUNTY CODE
County Engineer, Wyatt Blanchard, reported Staff discovered an
error in the Water Rate Schedule of Chapter 15, Section 6 of the
New Hanover County Code. Since this error does not affect the rate
schedule as used and could be misleading, the column can be
eliminated or corrected. After review, Staff recommends correcting
paragraphs 2 and 3 as follows (changes are indicated in bold
print) :
(2) First 10,000 gallons, per 1,000 gallons - $1.25; Next
100,000 gallons, per 1,000 gallons - $1.00; All water above
110,000 gallons, per 1,000 gallons - $.75.
(3) The minimum rate (bi-monthly) for services:
Size of Meter
( inches)
Water Allowance
(gallons bi-monthly)
Minimum Bi-monthly
Water Charge
5/8
3/4
1
1/4
1/2
2
Larger
5,400
7,200
9,000
17,500
26,250
35,000
By contract
$11. 00
$14.00
$17.25
$28.00
$40.75
$57.50
Mr. George Keenan, a resident of New Hanover County, expressed
concern for the impact of increasing the rate for persons on fixed
incomes and inquired as to whether this has been considered?
County Engineer Blanchard reported the rates will not be
increased with the proposed corrections.
Commissioner Barone commented on sewer bills reflecting units
instead of the actual number of gallons used and asked if the usage
can be shown?
Assistant County Manager,
the process of addressing
recommendation to the Board.
Dave Weaver, reported Staff is
this issue and will present
ln
a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 840
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to correct the Water Rate Schedule as presented by the
County Engineer. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance lS hereby incorporated as a part of
the minutes and is contained ln Exhibit Book XXI, Page 27.
The amended ordinance will be codified into the New Hanover
County Code.
ACTION DEFERRED ON GREASE REMOVAL ORDINANCE
County Engineer, Wyatt Blanchard, reported the proposed
amendment to the Waste Water Collection and Treatment Ordinance is
to allow longer time periods for grease trap pumping by
restaurants. Currently restaurants must pump out grease at least
every thirty days even if the volume is minimal. The proposed
amendment will afford the County Engineer or his designee the
discretion to stipulate a pump out period in excess of the thirty
days, but not to exceed ninety days based on the specifics of each
establishment.
Commissioner Barone reported she requested preparation of the
proposed amendment to better accommodate restaurants with a minimum
volume. If adopted, the ordinance will be of economic benefit to
small establishments.
Discussion was held on whether the Health Department would be
involved with administering the ordinance and if additional
personnel would be required. County Engineer Blanchard reported no
additional personnel will be required and the Engineering
Department will perform the monitoring of grease traps with some
assistance from the Health Department.
Commissioner Sisson recommended adding verbiage that will
designate the Health Department as an agency that will assist in
administering the ordinance.
After further discussion, Chairman Greer recommended deferring
action on this item until discussion can be held with the Health
Director.
Consensus: It was the consensus of the Board to defer action on
this item until the 2nd meeting in January after discussion has
been held with the Health Director.
Discussion was held on the disposal of sludge. County Manager
O'Neal reported as of today there is a place for disposal of sludge
and at the present time he is comfortable with this arrangement.
APPROVAL OF BUDGET AMENDMENT #94-0085 TO FUND EXPENSES RELATED TO
THE STRATEGIC PLANNING PROCESS
Chairman Greer asked if the additional funds as presented in
the Budget Amendment will cover the cost for completion of this
project?
County Manager 0' Neal reported the number of copies to be
printed will determine if additional funds are needed. Also, the
Commissioners will receive a copy of the Strategic Plan before
publication.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the following Budget Amendment. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
94-0085 Non-Departmental
Non-Departmental
Contingencies
Debit
$9,000
Credit
Strategic Planning
$9,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 841
APPROVAL OF CHIEF PROJECT ENGINEER POSITION ENGINEERING
DEPARTMENT
County Engineer, Wyatt Blanchard, commented on the increase in
capital projects and emphasized the need to have a Project Engineer
experienced in construction projects to ensure the County will
receive a quality product.
Discussion was held on the possibility of contracting out this
service. County Engineer Blanchard reported when contracting out
this service in the past, proper attention has not been given to
the projects. Also, the current engineer is retiring in January;
therefore, additional funds will be needed for funding only one-
half of a position.
Chairman Greer recommended combining this position with the
Engineering Technician position in order to justify the position
during times when there are no active capital projects.
County Manager 0' Neal stressed the importance of having a
Project Engineer to oversee a construction project from the
beginning of the project, including involvement with writing of
specifications for the bid, until construction is completed. One
full time engineer devoted to capital projects will greatly enhance
the quality of the finished product. With the problems experienced
in the past, it would greatly assist the County to have a qualified
engineer to oversee the construction of the new Animal Control
Center; expansion of the DSS Building; Parks construction; and
Water and Sewer construction.
Mr. George Kennan, a resident of New Hanover County and
employee of the City of Whiteville as a building, plumbing, and
electrical inspector and part-time consultant, emphasized the
importance of having a qualified person, whether privately
contracted or a county employee, to manage projects. Many problems
are alleviated during the construction process with a qualified
engineer or project manager overseeing capital projects.
Motion: After further discussion, Commissioner Sisson MOVED,
SECONDED by Vice-Chairman Mathews to approve the Chief Project
Engineer position as requested by the County Engineer. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
ACTION DEFERRED ON REQUEST FOR ENGINEERING TECHNICIAN POSITION FOR
THE ADMINISTRATION OF THE SOIL EROSION AND SEDIMENTATION CONTROL
PROGRAM
Commissioner Barone commented on the letter received from the
N. C. Department of Environment, Health and Natural Resources,
Division of Land Resources, and recommended hearing a presentation
from State officials about the problems being experienced with the
administration of the Soil Erosion and Sedimentation Control
Program before approving the Engineering Technician position.
After discussion of the current problems cited by the State
Division of Land Resources, Commissioner Sisson stressed the
importance of the Board fully understanding the deficiencies listed
in Mr. Ward's report to be sure that the County's resources are
being properly protected. He stated the Board must decide if the
County should retain the program or allow the State to administer
the program. An advantage of having the State to administer the
program is the availability of engineers, soil scientists,
geologists, hydrologists, and biologists to become involved in an
individual project and assess the entire process. The County does
not have this capability.
County Engineer Blanchard
moni toring any proj ect because
proj ect. The County would be
project once a month.
expressed concern for the State
of the lack of time given to a
lucky if the State monitored a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 842
Consensus: After discussion of being better informed on the
problems being experienced with the County's Soil Erosion and
Sedimentation Control Program, it was the consensus of the Board to
request an official from the N. C. Department of Environment,
Health and Natural Resources, Division of Land Resources, to
present a report before approving the Engineering Technician
position. Staff was directed to write a letter to Mr. Ralph Stout,
Jr., Chairman of the State Sedimentation Control Commission,
informing him of the Board's decision.
County Manager O'Neal reported a presentation will be arranged
after the first of the year.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE THE WEST SIDE OF
U.S. HIGHWAY 117 (CASTLE HAYNE ROAD) BEHIND WRIGHTSBORO PLAZA FROM
R-20 RESIDENTIAL TO R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported on the appealed case
and stated the Planning Board listened to numerous pleas to deny
the proposed R-15 rezoning and voted unanimously to deny the
request. After review, the Planning Board felt the current R-20
zoning was more suited and compatible with the surrounding area.
Opposi tion to the proposed rezoning was intense with concern
expressed for additional traffic congestion, a lack of school
capacity, diminishing property values, the lack of water and sewer
services, inadequate surface drainage, and potential disruption of
private wells on adjacent properties.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Ms. Pat Rhodes, representing residents of Horn Place Drive,
presented a signed petition of persons unable to attend the meeting
and expressed the following concerns for changing the zoning from
R-20 to R-15: (1) concern for construction of 150 additional homes
on 60 acres involving approximately 450 people needing water, which
could impact negatively on existing private water wells; (2)
additional traffic at the Castle Hayne/Wrightsboro Plaza
intersection, which is already unsafe; (3) an increase of 150
children in classrooms at Wrightsboro Elementary School, which
currently has a shortage of classrooms; and (4) the proposed R-15
zoning will allow mobile home development and duplexes without
special use permits. The Commissioners were urged to leave the
area zoned R-20 in order for future growth to occur in a manner
that will be suited for the surrounding area.
Mr. Thomas Jones, a resident of Horn Place Drive, expressed
concern for the safety at the intersection and the lack of water
and sewer facilities to accommodate growth that will occur with R-
15 zoning. The Commissioners were urged to deny the proposed
rezoning request.
Mr. Phil Norris, of Andrew & Kuske Consulting Engineers, Inc.,
representing the property owners, reported this is a transition
area, and the owner intends to use the property for construction of
single family dwellings. Due to the wetlands, which are protected
under the County Zoning Ordinance, and State regulations governing
stormwater run-off, a large portion of the property cannot be
developed; therefore, only 36 additional lots will be created with
the R-15 zoning. with the construction occurring over a period of
time, this will not negatively impact on the surrounding
residential area. The Commissioners were requested to approve the
R-15 rezoning request.
Ms. Rhodes expressed concern for plans being changed and
stated the existing R-20 zoning will ensure protection of the
surrounding residential properties regardless of future plans.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 843
Mr. Preston Winslow, an adjacent property owner, presented
samples of soil from his lot and requested the Commissioners to
observe the amount of clay in the soil and the hardness of the
soil. Concern was expressed for potential drainage problems,
damage to private water wells, and stormwater run-off if the area
is developed at a higher density. The Commissioners were requested
to deny the R-15 rezoning request.
Ms. Jane Pierce, a resident of Horn Place Drive, reported when
the shopping center was constructed, a privacy fence was erected
behind her yard with the residents being informed that trees would
be planted along the fence as an additional buffer. As of this
date, no trees have been planted and problems have been experienced
with replacement of her fence due to additional construction work.
Since these promises have not been kept, why should the residents
believe other promises will be kept. The Commissioners were urged
to deny the R-15 rezoning request.
Mr. Jeff Zimmer, a co-owner of the 60 acre tract, reported the
property was initially purchased to construct the Wrightsboro
Shopping Center. In addition, two lots have been sold to Berger
King and Advance Auto Parts. The Commissioners were requested to
approve the R-15 zoning which will allow 150 lots instead on 114
lots as currently allowed under R-20 zoning. With the wetlands
having to be protected and compliance to State stormwater run-off
regulations, the number of usable acres will be greatly reduced.
He and his partner, through an agreement with the N. C. Department
of Transportation, paid for upgrading the 3-way stoplight to a 4-
way stoplight at the intersection of Castle Hayne Road and North
Kerr Avenue. In addition, another access to Castle Hayne Road has
been developed between Advance Auto Parts and an out parcel. There
is no intent to place mobile homes on the property and if
necessary, this can be stipulated as a condition of the R-15
zoning. The land will be developed over a period of time, which
will not greatly impact on the surrounding residential properties.
Mr. Sam Futrell, a resident of Horn Place Drive, expressed
concern for the poor quality of drainage at the Wrightsboro
Shopping Center and stated when it rains, the water washes across
his property. The Commissioners were urged to deny the proposed
rezoning request which will allow for more development to occur on
poorly drained land.
Chairman Greer closed the Public Hearing.
Chairman Greer stated he concurs with the Planning Board and
feels the property should remain zoned R-20 in order to protect the
surrounding residential properties.
Motion: After further discussion, Commissioner Caster MOVED,
SECONDED by Commissioner Sisson to deny the R-15 rezoning request.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
ESTABLISH A DAY CARE FACILITY AT 4606 BRAMTON ROAD
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following person was sworn In:
Ms. Elma Cosley
Planning Director, Dexter Hayes, reported the Planning Board
focused mainly on the size of the current operation, the square
footage of the existing structure and the total number of children
to be added for care. Discussion was held on off-street parking
and how deliveries and pick-ups would be made so that cars would
not back into the street. After further review, the Planning Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 844
was satisfied that the general requirements imposed by the County
for this use could be met by the applicant. There was no
opposition present at the Planning Board meeting.
The following Staff findings of fact were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed
based upon the following findings:
(a) The existing house is already registered with the State
of North Carolina for the care of five (5) children.
(b) The site is located in the Winter Park Volunteer Fire
District.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
(a) Adequate area is available to accommodate off-street
parking and delivery/pickups without backing into the street.
(b) The site is zoned R-10. Child day care is permitted by
special use permit.
(c) A fenced play area lS ln place.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findings:
(a) No structural changes or additions are planned to the
existing residence.
General Requirement #4: The proposed use 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) No structural changes or additions are planned to the
existing residence.
(b) No outside signage lS proposed.
Chairman Greer asked if anyone present would like to comment.
Ms. Elma Cosley, the petitioner, reported the purpose of the
request is to care for 12 children instead of 5 children, which
will allow her to hire someone to assist her in providing a better
quality of care and education for the children.
Planning Director Hayes asked Ms. Cosley if she agreed with
the Staff findings. Ms. Cosley concurred with the findings as
presented.
Chairman Greer closed the Public Hearing.
Planning Director Hayes recommended stipulating a limit on the
number of children to be kept in the Day Care Facility since this
is a residential dwelling.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit for a Child Day Care Facility at
4606 Bramton Road contingent upon a maximum of 12 children being
permitted for care based upon the evidence presented showing that
the four general requirements have been satisfactorily met. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 845
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.
BREAK
Chairman Greer called a break from 8:35 P.M. until 8:50 P.M.
PUBLIC HEARING TO CONSIDER A BOND ORDER AUTHORIZING THE ISSUANCE OF
$30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW
HANOVER
The Clerk to the Board reported the bond order entitled, "BOND
ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION
REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," which was
introduced on November 19, 1993, had been published on November 22,
1993, with notice that the Board would hold a Public Hearing on
December 6, 1993, at 6:30 P.M. The Clerk also reported the
County's Finance Officer had filed in the Clerk's office a
Statement of Debt complying with the provisions of The Local
Government Bond Act, and such statement as filed showed the net
indebtedness of the County to be approximately 0.9% of the
appraised valuation of property in the County subject to taxation.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to hold a Public Hearing on the refunding bond issue. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer inquired as to whether anyone from the general
public would like comment. No remarks were received.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to close the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED to adopt without change or
amendment and direct the Clerk to the Board to publish as
prescribed by The Local Government Bond Act the bond order
entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000
GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,"
introduced at the meting of the Board of Commissioners held on
November 19, 1993. The MOTION WAS SECONDED by Commissioner Sisson
and was UNANIMOUSLY ADOPTED.
A copy of the bond order is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 28.
PUBLIC HEARING TO CONSIDER A BOND ORDER AUTHORIZING THE ISSUANCE OF
$17,000,000 GENERAL OBLIGATION REFUNDING BONDS
The Clerk to the Board reported the bond order entitled, "BOND
ORDER AUTHORIZING THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION
REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," which was introduced
on November 19, 1993, had been published on November 22, 1993, with
notice that the Board would hold a Public Hearing on December 6,
1993, at 6:30 P.M. The Clerk also reported the County's Finance
Officer had filed in the Clerk's office a statement of debt
complying with the provisions of The Local Government Bond Act, and
such statement as filed showed the net indebtedness of the County
to be approximately 0.9% of the appraised valuation of property in
the County subject to taxation.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to open the Public Hearing on the refunding bond order. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. No remarks were received.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to close the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 846
Motion: Commissioner Caster MOVED, to adopt without change or
amendment and direct the Clerk to the Board to publish as
prescribed by The Local Government Bond Act the bond order
entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $17,000,000
GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,"
introduced at the meeting of the Board of Commissioners held on
November 19, 1993. The MOTION WAS SECONDED by Commissioner Sisson
and was UNANIMOUSLY ADOPTED.
A copy of the bond order is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 28.
ADOPTION OF RESOLUTION REQUESTING THE N. C. LOCAL GOVERNMENT
COMMISSION TO APPROVE THE STRUCTURING OF THE SOLID WASTE REFUNDING
BONDS TO ENABLE A MAJORITY OF SAVINGS TO BE REALIZED IN THE CURRENT
FISCAL YEAR
Finance Director, Andrew J. Atkinson, reported the proposed
resolution is asking the Local Government Commission to allow the
County to receive the majority of savings during the current fiscal
year from the Solid Waste Refunding Bonds. This will allow the
County to off-set the anticipated loss in tip fee revenues due to
the pending litigation involving a constitutional challenge to the
County's Flow Control Ordinance.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt the resolution as presented. 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 XXI, Page 28.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 8:57 P.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 9:02 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
AUTHORIZATION FOR THE CHAIRMAN TO WRITE A LETTER TO THE U. S. ARMY
CORPS OF ENGINEERS IN SUPPORT OF DREDGING A SANDBAR AT THE MOUTH OF
FUTCH
Commissioner Sisson commented on the study of Futch Creek
sponsored by the Northeast New Hanover Conservancy and reported it
has been found that a portion of the pollution is due to a lack of
tidal flushing because of a sandbar at the mouth of the creek which
has been created by the continual passage of large boats in the
waterway. After contacting the Corps of Engineers, they have
agreed to dredge the sandbar contingent upon a letter of support
from the Board of County Commissioners. The overall source of the
contamination has not been identified, but there is a possibility
the pollution could be coming from the Kirkland Community due to a
layer of impermeable clay below the soil.
Assistant County Manager, Dave Weaver, reported the Planning
Director has discussed this matter with the Corps of Engineers and
a draft letter has been prepared.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 847
Consensus: After discussion, it was the consensus of the Board to
authorize the Chairman to write a letter of support to the Corps of
Engineers for dredging the sandbar at the mouth of Futch Creek.
REPORT ON MEETING WITH REPRESENTATIVES OF INDUSTRY LOCATED ON U.S.
HIGHWAY 421, NORTH
Commissioner Sisson reported a second meeting was held with
representatives of industry on u.s. Highway 421 North. In order to
assure participation by all parties involved, three representatives
of industry volunteered to sit in on the interviews scheduled with
consultants for the performance of a fire needs assessment study.
Hopefully, a consultant will be selected in the very near future
and the study can begin within the next month. Also, the members
of the Board of Fire Commissioners will be informed that additional
funds may be needed to purchase specialized fire equipment to
provide the level of fire service needed to protect this area.
REPORT ON REVISIONS TO THE GREATER WILMINGTON URBAN AREA
TRANSPORTATION PLAN
Commissioner Barone reported on October 25, 1993, the
Transportation Advisory Committee adopted the Greater Wilmington
Urban Area Transportation Plan with the following amendments: (1)
revision of the September 8th map to include the western alignment
for the Southern Outer Loop (popularly known Rod Andrews route);
and (2) added the Randall Parkway Extension from Racine Drive to
Hooker Road back into the plan. The Commissioners are now required
to hold a Public Hearing to consider adoption of a resolution
approving the amended plan.
Consensus: After discussion, it was the consensus of the Board to
direct the County Manager to discuss this matter with the Planning
Director before scheduling a Public Hearing.
REPORT ON RETREAT HELD BY THE HOSPITAL BOARD OF TRUSTEES
Commissioner Caster reported on the retreat held by the
Hospital Board of Trustees and stated the gist of the retreat was
that cooperation among all health care facilities is essential if
the medical community is to meet the dramatic changes occurring in
health care. It was a most informative retreat and, in his
opinion, should have been heard by all members of the medical
community.
APPROVAL OF WILMINGTON-NEW HANOVER COUNTY LAND USE PLAN BY THE
COASTAL RESOURCES COMMISSION
Chairman Greer reported a letter has been received from Roger
N. Schecter, Executive Secretary of the N. C. Division of Coastal
Management, informing the Board that the Wilmington-New Hanover
County Land Use Plan was approved by the Coastal Resources
Commission at its November 18-19, 1993, meeting in Kill Devil
Hills, North Carolina. Fifty copies of the certified plan must be
forwarded to Ms. Zoe Bruner, the new District Planner ln the
Wilmington Office, as soon as possible.
Assistant County Manager, Dave Weaver, reported Staff will
forward copies of the certified plan as requested.
DENIAL OF REQUEST BY THE NEW HANOVER COUNTY ARBORETUM FOUNDATION
FOR USE OF TWO FREE DAYS AT THE COAST LINE CONVENTION CENTER
County Manager O'Neal reported the Arboretum Foundation has
requested use of two of the County's free days at the Coast Line
Convention Center to sponsor a show entitled, "How Does Your Garden
Grow", on February 12 and 13, 1994. Since the County receives only
four free days a year and these days are needed for the Legislative
Coordinating Council meetings and other uses by the Board, he would
recommend denial of this request.
Consensus: After discussion of not having enough free days to
allow the Arboretum Foundation to use two days at the Coast Line
Convention Center, it was the consensus of the Board to deny the
request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, DECEMBER 6, 1993
BOOK 23
PAGE 848
ADOPTION OF RESOLUTION FOR AN EXTENSION OF TIME TO REVIEW CABLE
RATES
County Attorney Copley requested adoption of a resolution to
allow more time for the County, City, and beach communi ties to
review the basic rates for the cable operator.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt the resolution granting an additional ninety (90)
days for the County to review the basic rates for the cable
operator. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and lS contained in Exhibit Book XXI, Page 28.
COUNTY ATTORNEY COPLEY REQUESTED TO SERVE AS A MEMBER OF THE STATE
PERSONNEL COMMISSION
County Attorney Copley reported she has been invited by the
Governor's office to serve as a member of the State Personnel
Commission. Meetings will be held once a quarter, and if agreeable
with Board, she will be glad to serve.
The Commissioners complimented County Attorney Copley for
being invited to serve on the State Personnel Commission and urged
her to serve if she so desires.
EXECUTIVE SESSION
County Attorney Copley requested an Executive Session to
discuss a legal matter.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to hold an Executive Session to discuss a legal matter. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session to Executive
Session at 9:22 P.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 9:29 P.M.
ADJOURNMENT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned at 9:30 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board