1997-04-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 908
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, April
7, 1997, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell;
Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew J. Atkinson, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved to allow anyone from the public to
introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent
Agenda. He requested all persons speaking to limit their remarks to three minutes.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Items 1 and 2. He advised he would
like to present the proclamation designating the first Parkinson’s Disease Awareness Day in New
Hanover County to Ms. Sydel Gluck. Also, he informed the Board that he would like to discuss
Consent Agenda Item 1.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer to remove Consent
Agenda Items 1 and 2 and approve the remaining items on the Consent Agenda as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Award of Contract to C. F. Evans for Roof Replacement at the WASTEC Facility
The Commissioners awarded a contract to C. F. Evans, the lowest bidder, in the amount of
$72,188 to replace the roof at the WASTEC Facility. Due to significant damage from Hurricane
Fran, a consultant was hired to assess the damage and develop a set of specifications to replace the
roof.
Authorization for the Library Director to File a New Hanover County Partnership for
Children Grant Application
The Commissioners authorized the Library Director to file a New Hanover County
Partnership for Children grant application to continue the current library program for day care
centers. If the grant is approved, the Library Director is authorized to execute the appropriate budget
amendments. The program provides monthly literature story times to an estimated 200 child care
center classes. Funds are used to provide training workshops for day care personnel and information
on library services utilizing day care. The current program has been expanded to allow for a part-time
Children’s Librarian to work with parents in developing their children’s reading interests. The grant
will be $185,262, if awarded for two years, and $85,269 for one year.
Adoption of Resolution Awarding Bid #97-0333 (Contract #97-0333) to Anvil Attachments,
a Division of D&S Manufacturing Company, Inc. For the Purchase of a Crane Bucket for the
WASTEC Facility
The Commissioners adopted a resolution awarding bid #97-0333 to Anvil Attachments, a
Division of D&S Manufacturing Company, Inc., the lowest responsible bidder, in the amount of
$26,710 for the purchase of a crane bucket to be used at the WASTEC Facility. The Chairman was
authorized to execute the necessary contract documents.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 909
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 36.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Authorizing the Conveyance of Jointly Owned Property by the City
and County Located at 206 Marstella Street to Wilmington Housing Finance and
Development, Inc.
The Commissioners adopted a resolution authorizing the conveyance of jointly owned City
and County property located at 206 Marstella Street (Parcel No. 054-13-033-020.000) to Wilmington
Housing Finance and Development, Inc. The lots will be used for construction of an owner-occupied,
single-family residence.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 36.
Adoption of Resolution Awarding Bid #97-0205 (Contract #97-0205) to Motorola, Inc. For the
Purchase of 800 MHZ Radio Equipment - Emergency Management Department
The Commissioners adopted a resolution awarding bid #97-0205 to Motorola, Inc., the only
responsible bidder, for the purchase of 800 MHZ radio equipment and related options and/or
accessories. The Chairman was authorized to execute the necessary contract documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 36.
A copy of the contract is on file in the Legal Department.
Support of Legislation to Enable Local governments to Pay a Portion of the Employee’s
Contribution to the Local Government Retirement System
The Commissioners authorized the Chairman to request the local legislators to support
legislation introduced by the Buncombe County legislative delegation that will enable local
governments to pay a portion of the employee’s contribution to the Local Government Retirement
System.
Approval of Budget amendment #97-0142 - Sheriff’s Department
The Commissioners approved the following Budget Amendment:
#97-0142 Sheriff/Administration
DebitCredit
Sheriff/Administration
State Seizure - Gambling $6,044
Departmental Supplies $6,044
Purpose:
To budget funds from a gambling/lottery seizure.
Approval of Budget Amendment #97-0143 - Department of Aging
The Commissioners approved the following Budget Amendment:
#97-0143 Aging/Senior Center
DebitCredit
Aging/Senior Center
Other$2,500
Postage$1,000
Newsletter $1,500
Purpose:
To budget donated funds to offset cost of producing and mailing the monthly newsletter
for the Senior Center.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 910
APPROVAL OF CONSENT AGENDA ITEM 2, A RESOLUTION DECLARING THE
FIRST PARKINSON’S DISEASE AWARENESS DAY IN NEW HANOVER COUNTY
First Parkinson’s Disease
Chairman Greer read a resolution declaring April 11, 1997, as the
Awareness Day
in New Hanover County. He requested a motion for adoption of the resolution.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt the
resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer, on behalf of the Board, presented the proclamation to Ms. Sydel Gluck.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIII, Page 36.
APPROVAL OF CONSENT AGENDA ITEM 1, AMENDMENTS TO NEW HANOVER
COUNTY PERSONNEL POLICY
Chairman Greer requested an explanation of the following items: (1) terminating employees
being able to qualify for continued dental coverage under the New Hanover County group policy; and
(2) the purpose of transferring sick leave when employed by another governmental agency. He
expressed concern for encouraging State and County employees to move back and forth among
agencies if the County permits the transfer of sick leave upon employment.
County Manager O’Neal explained that dental coverage should have been included in the
Personnel Policy amendments when addressing continuation of health insurance to qualified
employees upon termination. Eligibility is based upon the years of service. Also, the Personnel
Policy was amended to comply to COBRA regulations.
County Manager O’Neal advised the purpose for allowing the transfer of sick leave upon
employment was to assist the Department of Social Services and Health Department in recruiting
persons for specialized positions. These departments are subject to the provisions of the State
Personnel Act, which permits the transfer of sick leave. Frequently, highly qualified employees have
not accepted positions with the Department of Social Services or Health Department because
accumulated sick leave can not be transferred.
Deputy County Manager, Andrew J. Atkinson, explained that an employee would be required
to work five years before the remaining balance of prior sick leave could be transferred to the County.
He stated this requirement would present an employee from moving back and forth among
governmental agencies.
Chairman Greer asked if employees were paid for sick leave?
County Manager O’Neal responded New Hanover County does not compensate employees
for sick leave when terminating a position. If an employee is retiring, sick leave applies toward the
years of service.
Commissioner Birzenieks asked if the County had considered the Paid Day Off (PDO)
concept which combines sick, vacation, and holiday leave. He recommended that staff review this
concept because New Hanover County and its employees could benefit from this system.
County Manager O’Neal reported that most local governments were structured similar to the
State Personnel policy regarding sick and annual leave because cities and counties participate in the
State Retirement System. He advised that Staff would be glad to check into the PDO concept and
report back to the Board.
Motion:
Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to approve the
amendments to Articles IV, V, VII, and IX of the New Hanover County Personnel Policy as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 911
Commissioner Davis commented on attorneys not being able to attend pre-determination
hearings and asked if there was a particular reason for this regulation?
County Attorney Copley stated the State of North Carolina does not allow attorneys to attend
pre-determination hearings. Staff felt the County should follow the same procedure because of the
time involved with the process if attorneys are involved in the beginning of an appeal. The employee
has the right to file an appeal and hire an attorney to file a lawsuit if the results of the appeal are not
satisfactory.
POSTPONEMENT OF THE “JOHN M. DOLAN VOLUNTEER FIREFIGHTER OF THE
YEAR AWARD”
Chairman Greer announced the recipient of the John M. Dolan Volunteer Firefighter of the
year award was not able to attend the meeting; therefore, this item has been postponed until a future
date.
Consensus:
It was the consensus of the Board to postpone the item as requested and present the
award on May 5, 1997.
POSTPONEMENT OF PRESENTATION ON THE “TEN YEAR PLAN” FOR NEW
HANOVER COUNTY SCHOOLS
County Manager O’Neal announced there was confusion in his office about the time of the
meeting. He reported that Dr. Martin, the Superintendent of Schools, had requested postponement
of this item until April 21, 1997.
PRESENTATION OF SCHEDULE AND PROGRESS MADE BY FALCON CABLE TO
COMPLY TO FCC CUSTOMER SERVICE REQUIREMENTS
Mr. Sam Wilson, Regional Manager of Falcon Cable, reported that Falcon Cable was notified
by the County in January 1997 about non-compliance to FCC regulations regarding the 30-second
on hold time to customers. Documentation has been furnished to the County showing the variance
in the on hold time for ten months with an average of 85 seconds. Since that time, efforts have been
made to reduce the time and Falcon Cable should be in compliance to FCC regulations by September
19, 1997 as listed in the following schedule:
?
Purchase a new controller for an on-line billing system which will enable Falcon Cable to add
two additional terminals. Staff will be trained to access customer service records and respond
to inquiries. The target date was March 28, 1997, and the terminals have been purchased
with additional staff hired.
?
Develop a staggered staffing schedule to enable Falcon Cable to answer calls during the
busiest times of the day between 11:00 A.M. until 2:00 P.M. The necessary changes will be
made by May 2, 1997.
?
Reevaluate hold time with the above changes and make necessary adjustments. Target date
is May 2, 1997.
?
Effective May 16, 1997, average on hold time will not exceed 60 seconds. Abandoned calls
will not exceed 120 seconds.
?
Effective July 25, 1997, average on hold time will not exceed 45 seconds. Abandoned calls
will not exceed 75 seconds.
?
Effective September 19, 1997, Falcon Cable will be in full compliance and will meet the 30
second requirement. Abandoned calls will not exceed 25 seconds.
Mr. Wilson reported the office manager for the past 16 years had resigned in January. This
created a difficult period of time until a new office manager was hired. During the past month, a
manager has been hired with superior public relation skills and an excellent financial background.
Once the manager has time to adapt, the office should operate more efficiently. The preliminary work
has begun on rebuilding 140 miles of cable serving the southern part of the county including
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 912
Carolina Beach and Kure Beach. The electric design firm is now reviewing the maps. Once the maps
are reviewed and returned, the fiber nodes and pole rearrangements will have to be determined. The
rebuild project should begin next year, and the new system will incorporate fiber to feeder
technology, pay-per-view options, and many additional channels.
Commissioner Birzenieks commented on the high turnover rate in the company and if steps
were being taken to address this problem?
Mr. Wilson reported the only employee that had resigned was the office manager. He advised
that two newly hired technicians resigned to accept better paying jobs. He assured the Board that
Falcon Cable would keep the turnover rate as low as possible.
Commissioner Davis commented on complaints received from residents living in the
Arrowhead Subdivision, and he requested Mr. Wilson to contact Tom Stitch about the problems in
this area.
Mr. Wilson reported he would be glad to call Mr. Stitch.
Chairman Greer commented on the number of complaints received by customers using Falcon
Cable and stated New Hanover County had been given the responsibility of regulating cable
television. The Legal Department has assumed this responsibility and complaints are constantly
received about phones not being answered, no response to messages, lengthy outages of service, and
the lack of response to repair calls. Chairman Greer urged Mr. Wilson to take the necessary steps
to improve the quality of service and satisfy the needs of its customers. He stated if new employees
are needed, the company should be willing to hire the necessary personnel to provide quality service.
Ms. Wilson responded the company would move as quickly as possible to correct the
problems.
Mr. Steve Sawicky, a resident of Kure Beach, spoke on the number of problems experienced
by customers served by Falcon Cable. Outages occur weekly and sometimes daily with no response
to calls. Falcon Cable has infrastructure problems within the organization, and its customers should
not have to deal with these problems at the monthly fee being charged. Mr. Sawicky urged Mr.
Wilson to hire the necessary personnel to provide an acceptable quality of cable service.
PRESENTATION OF REQUEST FOR STREET LIGHTS IN CASTLE ESTATES
SUBDIVISION
Ms. Kathy Dombroski reported on the letter forwarded to the Board of County
Commissioners and stated the residents in Castle Estates had collected the assessment security
payment as required by the General Statutes. She requested the Board to approve the tax assessment
approach and provide street lights to the Castle Estates Subdivision.
Chairman Greer asked if the residents could accomplish this goal as an individual unit?
Ms. Dombroski reported the residents had worked with the Carolina Power & Light
Company (CP&L) and the State Utilities Commission with no success. Also, an effort had been made
to establish a homeowners association, but one resident would not join the group.
Chairman Greer stated the lack of participation by one resident should not negate the
establishment of a homeowners association. He requested the County Attorney to comment on this
item.
County Attorney Copley reported if a homeowners association was created, a majority vote
of the association board would determine the services to be provided. However, most homeowner
associations are created when a subdivision is first established; therefore, the residents must agree to
join. If a resident refuses to become a member, the association board could not dictate certain
actions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 913
Ms. Dombroski responded the group had tried to create a homeowners association without
success. She, again, reiterated the need for the provision of street lamps in the community to assist
emergency teams when responding to calls and reduce crime.
Commissioner Davis asked if every possible effort had been made to encourage the one
resident to participate in the CP&L Program?
Ms. Dombroski responded the resident had been contacted five or six times with no success.
Commissioner Howell expressed concern for the County becoming involved with the
provision of street lights because of additional work on staff and the burden that will be placed on the
entire community to assist only 54 residents. He requested Ms. Dombroski to continue to persuade
this one resident to join the CP&L Program.
A lengthy discussion was held on the tax collection process. Tax Administrator, Roland
Register, advised that a separate tax roll for 54 accounts would have to be prepared from 200,000
tax accounts. There would be a different interest rate, and the Tax Collector would be responsible
for escrowing and justifying in advance the charge for the next year. If additional neighborhoods
were allowed to use this method, every community would have a different rate with payments due
at different times, which would require pro-rating the annual amount for the number of months
covered up to the time of collection. Due to the number of variables, the Tax Department would be
involved annually in this process. If a resident refused to pay the fee, legal action would be required
to collect the money. Tax Administrator Register stated the tax assessment approach for 54 residents
would be time consuming for staff.
Chairman Greer asked if the assessment security payment could be collected by one of the
County Collections Departments?
Tax Administrator Register reported according to State Statutes, an escrow account has to
be established to determine if an adequate amount of money will be available to cover the assessment
for the ensuing year. This places the collection responsibility on the Tax Department.
Chairman Greer recommended holding a meeting with CP&L officials to see if the money
could be collected in advance from the residents so CP&L will receive the assessment security pay
for the next year.
Consensus:
After a lengthy discussion on the assessment process, it was the consensus of the Board
to request the Tax Administrator, County Attorney, and Carolina Power & Light Company officials
to meet to see if an agreement can be reached
SECOND READING OF ORDINANCE TO AMEND CHAPTER 8, FIRE PREVENTION
AND PROTECTION, SECTION 8-21 OF THE NEW HANOVER COUNTY CODE
Chairman Greer reported the ordinance amending the Fire Prevention and Protection section
of the County Code did not receive a unanimous vote on the first reading. He requested a motion
to approve the ordinance on the second reading.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the
ordinance amending Chapter 8, Fire Prevention and Protection, Section 8-21 of the New Hanover
County Code. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 36.
PUBLIC HEARING TO HEAR COMMENTS CONCERNING THE PROPOSED
PERSONAL WATERCRAFT ORDINANCE AND RECOMMENDATIONS PRESENTED
BY THE PWC TASK FORCE
Chairman Greer advised the Town of Wrightsville Beach had adopted an ordinance giving
New Hanover County authority to enforce the Personal Watercraft Ordinance in the extraterritorial
jurisdiction.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 914
Mr. Herb McKim, Mayor of Wrightsville Beach, requested the Board of County
Commissioners to include the extraterritorial jurisdiction in the ordinance, which runs from the sound
to the waterway.
Chairman Greer opened the Public Hearing and announced since a large number of persons
had signed up to speak, he would limit each person to one minute. The Clerk to the Board was
requested to time each presentation.
The following comments were received:
Mr. Scott Britt, the owner of Britt Motorsports, advised the personal watercraft industry was
supportive of water safety and education; however, the ordinance proposed would overregulate the
usage of personal watercraft. He advised the State Boating Law enacted July 1, 1996, provided
sufficient regulations to monitor personal watercraft on the waterways. The Commissioners were
requested to consider this factor when deciding on the proposed Personal Watercraft Ordinance.
Mr. Jack Byrnes, a resident living at the end of Hewlett’s Creek, urged the Board to approve
a Personal Watercraft Ordinance more restrictive than the proposed document. He reported that
watercraft users were ignoring “no wake” zones and stated damage was occurring to natural
resource areas. He urged the Board to adopt an ordinance that will control this type of abuse.
Mr. Scott Donovan, a resident of 1403 Faulkenberry Road, commented on reading the
proposed ordinance and he urged the Board to adopt an ordinance that will include compliance by
all boats to protect the public when using the waterways.
Mr. Richard Franklin, a resident of 3221 Whitewood Road, Castle Hayne, N. C., advised he
owned a personal watercraft and had passed the U. S. Power Squadron course. He expressed
concern for the vagueness in the proposed ordinance regarding safe watercraft users, and he
suggested that additional language be added to specifically identify the designated areas.
Ms. Jane Freeman, a resident of 320 Salt Meadow Road, urged the Board to adopt an
ordinance to better control the noise level of personal watercraft and regulate the damage being done
to marshes and estuarine creeks.
Mr. Roger Hayden, a resident of 631 Indian Wells, expressed concern for adopting an
ordinance to place restrictions on one type of watercraft. He requested the Board to adopt an
ordinance that will apply to all powered vessels in order to protect swimmers, boaters, surfers, and
environmental areas.
Commissioner Howell informed Mr. Hayden that New Hanover County did not have authority
to place regulations on other boats.
U. S. Coast Guard Operations Officer, Greg Hood, commented on safety being a primary
issue and stated it was not fair to single out personal watercraft. He stated since the County does not
have authority to impose the ordinance on all boats, he would urge the Board to adopt an ordinance
that can be easily understood by the public.
Mr. Jeff Kohl, a resident of 202 Bradford Road, commented on owning two personal
watercraft and presented the following concerns: (1) singling out the personal watercraft industry
which could hurt local businesses; and (2) the lack of evidence presented on the damage to
environmentally sensitive areas.
Mr. Howard Park, representing the Personal Watercraft Industry Association, strongly
objected to the ordinance applying to one particular type of vessel. He urged the Board to pursue
legislation to impose regulations that will apply to all powered boats to allow for better enforcement
of the regulation.
Mr. Stan Wardlip, a resident of 7201 Quail Woods Road and a member of the Ogden/New
Hanover Ocean Rescue Team, reported on water injuries and stated less than half of these injuries
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 915
occur from personal watercraft accidents. In 1995, ten persons were admitted to New Hanover
Regional Medical Center from boating accidents with only three accidents occurring from personal
watercraft. In 1996, six persons were admitted to the hospital with only two accidents occurring
from personal watercraft. The Board was requested to emphasize the importance of boating
education in lieu of regulations.
Mr. Scott Woodard, a resident of 4038 Masonboro Loop Road, commented on riding a wave
runner for eight years and stated current safety regulations should be enforced for all boaters. He
expressed concern for singling out personal watercraft and stated the proposed ordinance would not
solve the problem.
Ms. Amanda Misner, a resident of 506 North Channel Drive, requested the Board to adopt
the ordinance to better control personal watercraft.
Mr. John Taggart, a resident of 317 Donald E. Gore Drive, and coordinator of the state
program that manages Masonboro Island, reported Masonboro Island was a popular location for
residents and visitors to enjoy. The island is the largest undeveloped barrier island in this section of
the state and has received state and national recognition as a National Estuarine Research Reserve
and a dedicated State Nature Reserve. The purpose of the program is to manage the pristine habitat
for research, education, and compatible recreational uses. Over the past several years, complaints
have been received about personal watercraft being driven at high speeds through the island’s marsh
areas harassing both users and wildlife. Since there are no current regulations governing the use of
watercraft in marsh areas, there is concern about safety and resource protection. An enforced
headway speed limit within 50 feet of the marsh areas would be a reasonable solution to the problem.
The Board was urged to adopt the proposed ordinance as presented by the Task Force.
Mr. Henry Singletary, a resident of 5323 Andover Road, and long-time sailor and user of
motor boats, spoke in support of the ordinance as proposed by the Task Force because of the need
for public safety.
Mr. Gene Wyke, a resident of 1602-A North Lumina Avenue, Wrightsville Beach, expressed
concern for the safety of personal watercraft and he urged the Board to support the ordinance as
presented. To allow personal watercraft to travel at 60 miles per hour is dangerous to swimmers and
wildlife habitats.
Mr. Daniel Rose, a resident of Normandy Drive, a member of the Society for Masonboro
Island, and co-chairman of the Surfrider Foundation, commented on two dangerous experiences with
personal watercraft and stated the speed of these vessels must be controlled. He urged the Board to
adopt the ordinance proposed by the Task Force.
Ms. Marian T. McPhaul, the Director of the Society of Masonboro Island, Inc., reported the
Task Force did not limit access to Masonboro Island but did develop an ordinance to control speed
to protect natural resource areas.
Mr. Bailey Well, a resident of Wrightsville Beach, N. C., spoke in favor of imposing
regulations on personnel watercraft because of the danger to swimmers, surfers, and natural resource
areas. He urged the Board to adopt the proposed ordinance as presented by the Task Force.
Mr. Walker Golder, a native of Wrightsville Beach, reported the waters and wildlife of New
Hanover County must be protected. He advised that chronic disturbances by watercraft and people
destroy wildlife and reduce nesting success of water birds. He urged the Board to adopt the
ordinance as prepared by the Task Force.
Mr. Ned Barkley, Chairman of the Safety Committee at Figure 8 Island, reported the Task
Force was composed of a diverse group which created compromises and stated the ordinance was
actually less restrictive than in other states. He urged the Board to adopt the ordinance as presented
by the Task Force.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 916
There being no further comments, Chairman Greer closed the Public Hearing and reported
the Board would review the remarks received and render a decision at a later date.
PUBLIC HEARING TO CONSIDER A REQUEST BY NELLO FILIPINI FOR MATT
HOLDINGS, INC., TO REZONE 1.3 ACRES AT THE TERMINUS OF ROYAL STREET
IN THE 2700 BLOCK OF U.S. HIGHWAY 421 NORTH TO I-2 HEAVY INDUSTRIAL
FROM R-15 RESIDENTIAL (Z-586, 1/97)
Chairman Greer opened the Public Hearing and reported this was a continued item from the
last meeting. He asked if the parties involved had met to discuss issues of concern?
Staff Planner, Pete Avery, reported the parties had met and worked out an agreement. He
presented the following background information.
This rezoning request was presented to the Board of County Commissioners on February 2,
1997. Due to opposition from nearby property owners, who did not appear before the Planning
Board, the Commissioners decided to table the request for 30 days to provide ample time for the
applicant to meet with the property owners to discuss matters of concern, such as setbacks, noise,
and hours of operation. The applicant was given written and verbal notification of this decision. The
item was rescheduled for the March 10, 1997, board meeting, but no action was taken by the
Commissioners at this meeting because the petitioner and nearby property owners had not met. The
Board of County Commissioners tabled the item until April 7, 1997 with a request for the applicant
to meet with the property owners.
Staff Planner Avery reported the Planning Board voted unanimously to recommend approval
of the applicant’s petition as submitted. The Planning Board noted that the rezoning would be
consistent with the intent of the Land Use Plan and the general zoning pattern of the area. There was
no opposition present.
Chairman Greer asked if anyone from the public would like to comment.
Mr. Tom Melton, Pastor of Pine View Baptist Church, reported the nearby property owners
were concerned about noise, the operation of the trucking business during church services, and
drainage. He advised after meeting with Mr. Matt, an agreement had been reached to prohibit the
business from operating during church services, and the necessary drainage requirements will be
installed to protect surrounding properties. He stated he did not have a problem with the proposed
rezoning.
Mr. Tim Matt, the petitioner, requested the Board to approve the rezoning request.
Chairman Greer closed the Public Hearing.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the
THE MOTION CARRIED
rezoning as recommended by the Planning Board. Upon vote,
UNANIMOUSLY.
A copy of “AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1972" is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 9A, Page 41.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE SATURN CORPORATION TO
REZONE 35.95 ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD SOUTH OF
AND ADJACENT TO MARQUIS HILLS SUBDIVISION TO R-10 RESIDENTIAL FROM
R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
Staff Planner, Pete Avery, reported the Planning Board voted unanimously to recommend
approval of the petition. The Planning Board felt the request was consistent with adjacent zoning,
and the subsequent increase in density would not significantly impact surrounding land uses. Two
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 917
adjacent property owners told the Planning Board that rezoning the site would worsen drainage
problems in the area, add to traffic congestion and possibly impact water pressure in Marquis Hills.
In response, the applicant’s engineer explained that storm water discharge for post-development
would not exceed pre-development conditions. Also, development planned for the site would
ultimately provide additional road connections, and provide major water systems that would eliminate
pressure problems in Marquis Hills.
Chairman Greer asked if anyone from the public would like to comment.
Mr. Casey Haynes, a resident of 5310 Hugo Court, expressed concern for the property being
in the flood plain area. He commented on Motts Creek being a natural resource area and reported
with the proposed 268 units and the Johnson Farms development, a large amount of storm water
runoff would drain into Motts Creek. The Board was urged to consider the natural resource and say
no to any new development that will negatively impact the creek.
Mr. Dan Dawson, the engineer for the applicant, reported the Johnson Farms project drains
north through Barnards Creek without reaching Motts Creek. He advised the developer was
sensitive to the impact of the project on the site as well as adjoining properties. Approval of the
rezoning request will provide flexibility to the applicant in determining whether a homeowners
association should be established to manage the common areas and open spaces along the wetland
areas. The Board was requested to approve the rezoning as recommended by the Planning Board and
continue the project as originally presented.
Commissioner Davis requested Mr. Dawson to comment on the meeting with the two adjacent
property owners.
Mr. Dawson reported that Mr.. Haynes was present and could comment. The other person
was concerned about domestic water; however, after discussion of this problem, the individual
realized that drinking water and fire protection would be improved and was more comfortable with
the proposed rezoning.
Chairman Greer closed the Public Hearing.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to approve the
MOTION CARRIED
rezoning as recommended by the Planning Board. Upon vote, the
UNANIMOUSLY.
A copy of “AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, is hereby incorporated as a part of the minutes and is contained in Zoning Book I,
Section 4, Page 52.
PUBLIC HEARING TO CONSIDER A REQUEST BY S. NIEMEYER OF WRIGHTSVILLE
BEACH BUILDING CORPORATION AND L. NICHOLS TO REZONE 1.48 ACRES AT
THE NORTHWEST CORNER OF MILITARY CUTOFF AND WRIGHTSVILLE AVENUE
TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
Staff Planner, Pete Avery, reported after discussion on traffic flow and the overall safety of
ingress and egress to the properties, the Board voted six (6) to one (1) to recommend approval of
the petition as submitted. One member felt increasing the intensity of development at this location
would create traffic safety problems, especially for turning movements.
Chairman Greer asked if the Planning Department had a problem with the traffic congestion.
Staff Planner Avery responded that traffic was problematic in almost all rezonings. The
County does not have special design requirements to impose additional site improvements; therefore,
the Planning Department must rely on the N. C. Department of Transportation for establishing
standards.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 918
Chairman Greer asked if anyone from the public would like to comment.
Mr. Steve Niemeyer, the applicant, reported for the past three years, properties in this area
had been rezoned on a piece meal basis. The proposed rezoning would allow for the properties to
be rezoned in a systematic fashion. Office buildings have been placed on the properties and this use
does not create the additional traffic that would come from retail development. He requested the
Board to approve the rezoning as recommended by the Planning Department.
Chairman Greer closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve the
MOTION CARRIED
rezoning as recommended by the Planning Board. Upon vote, the
UNANIMOUSLY.
A copy of “AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED AUGUST 18, 1971" is hereby incorporated as a part of the minutes and
is contained in Zoning Book II, Section 6, Page 68.
PUBLIC HEARING TO CONSIDER A REQUEST BY P. CLARK TO REZONE 5 ACRES
ON THE EAST SIDE OF BLUE CLAY ROAD APPROXIMATELY 600 FEET SOUTH OF
BROOKDALE DRIVE TO CONDITIONAL USE LIGHT INDUSTRIAL FOR A
GEOLOGICAL AND ENGINEERING CONSULTING FIRM AND SPECIAL
TRADE/GENERAL CONTRACTORS FROM R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn:
Pete Avery
Paul Clark
Staff Planner, Pete Avery, reported the Planning Board voted five (5) to two (2) to
recommend approval of the applicant’s petition with the following conditions:
?
All outside storage must be located to the rear of the existing structure and screened from
Blue Clay Road and adjacent residential uses.
?
Parking lot and other exterior lighting MUST be directional so it does not shine onto adjacent
properties.
?
Uses permitted include the geological and engineering consulting services, and special trade
and general contractors; all other uses are prohibited.
Chairman Greer asked if anyone from the public would like to comment.
Mr. Paul Clark, the petitioner, reported the property was suitable for the proposed business
and stated the property would be greatly enhanced. He commented on being a good neighbor and
requested the Board to approve the rezoning request.
Commissioner Davis asked Mr. Clark if he had a problem with the conditions recommended
by the Planning Board.
Mr. Clark reported he was not opposed to the conditions recommended by the Planning
Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 919
Chairman Greer expressed concern for opening up the property to more commercial uses if
the rezoning was approved. He asked if the Spencer property owners, identified as Parcel F on the
map, were opposed to the rezoning?
Staff Planner Avery responded that several rezoning attempts had been made in the 1980's
to rezone the property to B-1 with no opposition expressed by surrounding property owners.
Mr. Clark stated he had discussed the rezoning with the neighbors and no one was in
opposition to the I-1 Industrial Zoning District Classification. The purpose for requesting the I-1
zoning was because more land was needed to provide outside storage for the business.
Chairman Greer, again, expressed concern for opening up this area to spot commercial
zoning.
Commissioner Howell asked if O&I would accommodate the proposed use?
Staff Planner Avery reported O&I would not permit the outside storage facilities.
Motion:
After discussion of no opposition from the surrounding property owners, Commissioner
Howell MOVED, SECONDED by Vice-Chairman Caster to approve rezoning five (5) acres on the
east side of Blue Clay Road from R-15 to O&I subject to the conditions recommended by the
Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Vice-Chairman Caster
Voting Nay: Chairman Greer
A copy of “AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 7, 1972" is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 8A, Page 24.
Staff Planner Avery presented the following staff findings:
General Requirement #1: The Board must find that the use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as submitted and
approved based on the following findings:
(1)The site has direct access to Blue Clay Road.
(2)The site would be served by individual wells and septic tanks.
(3)The site is located in the Castle Hayne VFD District.
(4)A small area along the site’s northern perimeter is located in the 100 year flood plain. No
development is planned for this area.
General Requirement #2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance based on the following staff findings:
(1)A site plan pursuant to the Zoning Ordinance has been submitted.
(2) Adequate area is available to meet setbacks, buffering, and off-street parking.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 920
General Requirement #3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity based on the following staff
findings:
(1)Single family dwellings are located on adjacent property and across the street. There are also
mobile homes and other residential uses scattered throughout the area.
(2)The site is occupied by an 8,000 square foot cement block building and a large parking lot.
The building is used as a residence and a half-way house.
(3)Property to the south contains a 19.22 acre pond that was once part of a small mining
operation.
(4)A small family cemetery is located to the east on a .26 acre tract.
General Requirement #4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County based on
the following staff findings:
(1)Except for the existing cement block building and the former mining operation, the general
area is developed predominantly with residential uses.
Chairman Greer asked if anyone from the public would like to comment.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to grant the
Special Use Permit to Paul Clark for a geological/engineering consulting firm and special
trade/general contractors at the East side of Blue Clay Road 600 feet south of Brookdale Drive
contingent upon compliance to the conditions recommended by the Planning Board and based upon
the evidence presented and findings of fact concluding that the use will not materially endanger the
public health or safety if located where proposed and developed according to the plan as submitted
and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the
use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity; and the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity
MOTION CARRIED
with the plan of development for New Hanover County. Upon vote, the
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 20.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
TELESPECTRUM D.B.A. 360 COMMUNICATIONS TO CONSTRUCT A 100 FOOT
MONOPOLE COMMUNICATIONS TOWER AND EQUIPMENT SHELTER AT 603
EASTWOOD ROAD (S-405, 3/97)
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn:
Pete Avery
Anne Squire
Jerry Eatman
Graham Herring
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 921
Doug Dieter
Curtis Wright
Staff Planner, Pete Avery, reported the applicant amended the petition at the hearing by
requesting the tower height to be reduced from 130 feet to 100 feet. The Planning Board agreed to
the revision. He stated after a lengthy discussion concerning coverage zones, capacity needs,
collocation, the location of other towers and safety, the Planning Board voted six (6) to one (1) to
recommend approval of the revised petition to construct a 100 foot monopole at the location subject
to the following conditions:
?
The tower must be designed per EIA standards to control structural failure.
?
The tower must be designed to accommodate collocation by other vendors.
?
No trees outside the compound area or the access easement can be removed.
Staff Planner Avery presented the following staff findings:
General Requirement #1: The Board must find that the use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as submitted and
approved based on the following findings:
(1)The planned use requires no water and sewer services.
(2)The facility will generate approximately 4 to 5 vehicle trips per month to provide routine
maintenance.
(3)The site has access to Eastwood Road via a proposed 15-foot access easement. A 12-foot
gravel drive will be constructed.
(4)The site is located in the Seagate VFD District.
General Requirement #2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance based on the following staff findings:
(1)Communications towers are permitted by special use permit in the B-2 Highway Business
District. The site is zoned B-2 Business.
(2)The site meets the minimum standards required by the B-2 District and setbacks imposed for
commercial uses abutting residential districts. There are no additional setback, location
or related design limits specified for communications towers in the B-2 District. The site is
located in the Special Highway Overlay District and the planned use complies with the
additional side and rear yard setbacks. A 25-foot setback for the side and rear yards is
required.
General Requirement #3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity based on the following staff
findings:
(1)Adjacent land uses include commercial uses along Eastwood Road, commercial services to
the west along Vision Drive and residential uses to the east along Cardinal Drive.
(2)Other communication towers are located nearby.
General Requirement #4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County based on
the following staff findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 922
(1)The site is located on the fringe of a large area that is zoned B-2 Highway Business. Long
Leaf Acres Subdivision is located to the east.
Mr. Jerry Eatman, representing 360 Communications, reported this company was one of two
cellular companies licensed to provide service to New Hanover County. The company was formerly
Sprint Cellular and is one of the oldest companies of this type in New Hanover County. The
approach has been conservative with construction of new tower facilities when absolutely necessary.
A chart was presented showing that 74,000,000 calls were made in this area during 1996 with over
1,000,0000 calls made during Hurricane Fran. The company is already at 183% of the projected use
for 1997. Mr. Eatman advised that rapid growth had created gaps in the service areas. He stated this
was the reason for requesting a Special Use Permit to construct another tower.
Ms. Ann Squire, Manager for 360 Communications, reported the company had a financial
responsibility to its shareholders and a commitment to provide quality service to its customers. She
advised that towers were not constructed unless needed. Complaints have been received daily from
customers in the Eastwood Road area about blocked calls and severe static when making and
receiving calls. Due to the number of complaints, the company felt it was necessary to secure an
ideal site and construct a tower. She advised the proposed tower would enable 360 Communications
to provide better service to its customers and assist the Emergency Management Department in the
quality of service needed during emergencies. She requested the Board to approve the Special Use
Permit as requested.
Mr. Eatman presented two maps to the Board of County Commissioners reflecting the
surrounding transmission sites and reported 45% of the traffic comes from the Windemere area with
39% from the Dutch Square area. All tower facilities are carrying a large capacity, and construction
of another tower will greatly enhance the quality of the service to existing areas. He reported the
site met the four general requirements as outlined in the New Hanover County Zoning Ordinance.
The tower will be 100 feet in height and located within a fifty-five by forty-seven foot fenced
compound. The facility will not create noise, light, or traffic because the facility is not manned. The
use will not materially endanger the public health and safety because the project will be designed,
constructed and operated in accordance with all applicable state, local and federal standards as well
as meet the EIA standards required by the Planning Board. The use will enhance the ability of public
service and safety organizations to meet the demand of the public. The site plan shows that required
conditions of the B-2 District will be met and the facility will be a public service to the community.
There will be no negative impact to surrounding property owners since the site is located in a B-2
District. Surrounding uses include the Optimist Club, Pioneer Sheet Metal and Roofing, Scotchman’s
Convenience Store, and a self-storage facility. The use will be in harmony with the Land Use Plan
which provides for property grouping of roadside businesses to accommodate the need of mobile
traffic. The company has exhausted its efforts to avoid having to construct another tower; however,
there is no opportunity to collocate in the desired area. He requested the Board to grant a Special Use
Permit to allow 360 Communications to construct a tower facility on the site.
Commissioner Howell asked if 360 Communications had contacted other companies to see
if there was a tower that would be suitable for collocation?
Mr. Eatman replied the company had contacted all companies with surrounding towers.
Commissioner Howell asked if other companies could use the new tower for collocation?
Mr. Eatman replied the company had agreed to collocation as a condition of the approval
process.
Mr. Curtis Wright, President of the Providence Homeowners Association, commented on the
studies being performed in collocation of tower facilities as referenced on the Internet, and he asked
Mr. Eatman if he would answer the following questions.
(1)How many tower facilities are in the Wilmington area?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 923
(2)Define the number of towers collocated in the area.
Chairman Greer requested Mr. Wright to discuss these questions with Mr. Eatman after the
hearing since they were not directly related to the tower being discussed.
Mr. Wright responded the information requested could be beneficial to the Board of County
Commissioners when considering requests of this type.
Chairman Greer requested Mr. Wright to meet with Mr. Eatman after the hearing and
forward a copy of the information received to the Board of County Commissioners..
Chairman Greer asked Mr. Eatman if he agreed with the findings of fact and conditions
recommended by the Planning Board?
Mr. Eatman concurred with the findings as presented and conditions recommended by the
Planning Board.
Chairman Greer closed the Public Hearing.
Vice-Chairman Caster commented on the information presented by 360 Communications and
advised it would have been beneficial to have received the charts and maps before the meeting.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to grant the
Special Use Permit to Telespectrum d.b.a. as 360 Communications to construct a 100 foot monopole
communications tower and equipment shelter at 603 Eastwood Road subject to the conditions
recommended by the Planning Board and based upon the evidence presented and findings of fact
concluding that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved; the use meets all required
conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity; and the location and character
of the use if developed according to the plan as submitted and approved will be in harmony with the
area in which it is to be located and in general conformity with the plan of development for New
MOTION CARRIED UNANIMOUSLY.
Hanover County. Upon vote, the
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 20.
Chairman Greer requested Mr. Eatman to meet with Mr. Curtis Wright to respond to his
questions.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO D.
BAREFOOT TO ESTABLISH A SPECIALTY CONVENIENCE FOOD STORE LOCATED
AT 5317 WRIGHTSVILLE AVENUE(S-406,3/97)
Chairman Greer opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Pete Avery
David Barefoot
Staff Planner, Pete Avery, reported the Planning Board voted seven (7) to zero (0) to
recommend approval of the applicant’s revised request with the following conditions:
?
The sale of goods be limited to bakery products produced on site; pre-packaged foods;
gourmet coffees; teas; gourmet chocolates; unique accessories such as mugs, t-shirts, local
artwork, newspapers, and magazines; and assorted bottled beverages such as water, juices
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 924
and all natural drinks. The sale of beer, wine, tobacco products, videos, fuel, and other
products commonly associated with a convenience food store are prohibited.
?
Limit tree removal outside the area needed for parking and internal circulation.
?
Comply with all other applicable landscaping and buffering standards.
?
Construct a circular entrance and exit drive as shown on the site plan to prevent vehicles from
backing into the street.
?
Revise the site plan to show location of drive-thru window.
?
Leave existing chain-link fence that surrounds the property in place. A pedestrian access may
be provided to the hospital property, but not the Romano property.
?
Outdoor lighting be directional so it doesn’t shine onto adjacent properties.
?
The site identification sign be limited to one ground sign, externally illuminated, not to exceed
12 square feet.
Staff Planner Avery advised that one person spoke in opposition to the request.
Commissioner Birzenieks asked if Columbia Cape Fear Memorial Hospital was concerned
about the proposed use?
Staff Planner Avery responded no opposition or comments were received from hospital
officials.
The following staff findings were presented:
General Requirement #1: The Board must find that the use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as submitted and
approved based on the following findings:
(1)The planned uses will be located in an existing structure. No additional water and sewer
capacity is needed. There will be limited food preparation on-site, such as bakery goods.
(2)The site has direct access to a public street.
(3)The site is located in the Winter Park VFD District.
General Requirement #2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance based on the following staff findings:
(1)Convenience food stores are permitted by special use permit in the R-15 Residential District.
The site is zoned R-15.
(2)The total area that can be devoted to the use cannot exceed one acre. The subject parcel
encompasses .37 acre.
(3)The gross square footage of the structure cannot exceed 3000 square feet. The existing
building is approximately 1500 square feet.
(4)The facility will not be located within the interior of a subdivision.
(5)The applicant does not plan to provide for the sale of fuel, beer, wine, tobacco products,
milk, bread, canned goods, and other products commonly associated with a convenience
food store.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 925
(6)Off-street parking is required at a ratio of one space for each three seats in the facility plus
one for each two employees.
General Requirement #3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity based on the following staff
findings:
(1)Property on the east and west sides of the subject property is zoned O-I Office and
Institution. The site to the east is the main entrance for emergency vehicles using Columbia
Cape Fear Hospital. The site to the west is used as a half-way house.
(2)Property to the north is developed with a large parking lot that serves the hospital.
General Requirement #4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County based on
the following staff findings:
(1)Land use in the area is a mixture of single family dwellings (across the street), a hospital, a
half-way house, a drug store, and a parking lot.
Chairman Greer asked if anyone from the public would like to comment. The following
remarks were received:
Mr. David Barefoot, the attorney representing the petitioner, reported the conditions
presented by the Planning Board were acceptable. He advised the person who spoke in opposition
to the proposed use at the Planning Board meeting thought the building would be used for a
convenience store, not a specialty coffee and bakery shop. The proposed use meets the four general
requirements and will not endanger the public health or safety, negatively impact adjoining property
values, and will be in harmony with the surrounding area. He requested the Board to approve the
Special Use Permit.
Commissioner Howell asked if the site could be rezoned to O&I with a Special Use Permit
granted for the coffee shop because if the business should fail the building could be vacant for a long
period of time?
Staff Planner Avery reported the original application was for O&I zoning; however, the
Planning Board felt that granting a Special Use Permit would be more appropriate since a food store
is permitted by special use in the R-15 District. He advised that a Special Use Permit could be
granted in an O&I District; however, it would be a multi-stage process which would require at least
two months. Mr. Avery advised he felt the process being used was appropriate.
Chairman Greer asked Mr. Barefoot if he agreed with findings of facts as presented by the
Planning Staff and the conditions recommended by the Planning Board.
Mr. Barefoot concurred with the findings and conditions presented.
Chairman Greer closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to grant the
Special Use Permit to Mr. David Barefoot for the establishment of a convenience store specializing
in coffee and bakery sales at 5317 Wrightsville Avenue subject to the conditions recommended by
the Planning Board and based upon the evidence presented and the findings of fact concluding that
the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved; the use meets all required conditions and
specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity; and the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 926
area in which it is to be located and in general conformity with the plan of development for New
MOTION CARRIED UNANIMOUSLY.
Hanover County. Upon vote, the
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 20.
PUBLIC HEARING TO CONSIDER A REQUEST BY M. ANDREWS AND R. HAWKINS
TO CLOSE A PORTION OF BURKE AVENUE LOCATED EAST OF PAVILION PLACE
ON THE SOUTH SIDE OF EASTWOOD ROAD
Chairman Greer reported that Mr. Billy Williams, the District Manager of the ABC Stores was
at the meeting but had to leave. He advised that Mr. Williams had requested him to inform the Board
that the ABC Board was opposed to closing the road.
Staff Planner, Sam Burgess, advised there was no threat to the access of the ABC Store as
a result of the proposed road closure. The adjoining landowners, Mr. Hawkins and Mr. Andrews
have requested a reduction of 20 feet from the 50 foot right-of-way of Burke Avenue in order to save
several majestic oak trees. As noted on the map, the adjoining landowners labeled as B, C, D, and
H will not be landlocked from the road closure. The Engineering Staff has reviewed the road closure
and requested a utility easement utilized on the eastern and western boundaries of the right-of-way.
The Planning Staff, as noted in the summary, recommended that at least 40 feet of the 50 foot right-
of-way should remain open in the event of future road improvements. As noted in the N. C.
Department of Transportation specifications, the minimum requirements for a right-of-way must be
at least 40 feet with curb and gutter. The recommendation would allow the petitioners to convert
to a utility easement that would be five feet instead of ten feet as proposed from the western and
eastern right-of-way for Burke Avenue.
Chairman Greer asked if Burke Avenue was used for access by vehicles?
Staff Planner Burgess responded that Burke Avenue was an unimproved road; however, there
was a paved segment of Burke Avenue lying on the north side of Wrightsville Avenue, which was not
a part of the closure. From 300 feet north to the intersection with Eastwood Road, the road is
unimproved and is currently used by the adjoining property owners, who are the applicants.
Commissioner Davis asked if the right-of-way was reduced from ten feet to five feet on each
side, would the oak trees be protected?
Mr. Mike Andrews reported he was involved with Villa View when it was established in
1910. The survey at that time included roads and alleys that were 50 feet wide. Approximately eight
years ago, Pavilion Road, then known as Dick Avenue, was constructed with curb and gutter, which
reduced the road to 40 feet in width and provided access between Wrightsville Avenue and Eastwood
Road. Burke Avenue is 300 feet east of Pavilion Road and runs from Wrightsville Avenue north to
Eastwood Road. The Town of Wrightsville Beach utilized 125 feet from Wrightsville Avenue on
Burke Avenue, where the ABC Store was located. In addition, there is a 10-foot alley behind the
ABC Store, which will not be reduced in size from the proposed road closure. From that point, there
is 135 feet from Wrightsville Avenue to Eastwood Road that is dirt road with oaks that are 136 years
old. In an effort to preserve the oak trees, he and Mr. Hawkins felt the road should be reduced.
Chairman Greer asked if changing the request from ten to five feet on each side would
endanger the trees?
Mr. Andrews responded that one oak tree needed twelve feet and stated this tree would be
protected with some type of curbing.
Chairman Greer asked if the road could be closed with leaving the sewer easement at the same
width?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 927
County Manager O’Neal responded a sewer easement does not have to be located on a public
road; however, the County reserves the right of access to the sewer easement if necessary at a later
date.
Mr. Andrews reported the road should be declared as a utility easement because telephone
lines, sewer lines, cable lines, and gas lines are located in the area.
County Manager O’Neal reported various utilities may be located in the same area; however,
the easement would have to be called a sewer easement because New Hanover County only has
jurisdiction over sewer service.
A lengthy discussion was held on the road closure and the need to preserve the oak trees. Mr.
Andrews advised that the sewer line was located on the east side of the easement, which was not near
the trees. He stated the County would have access to the line. A majority of the other utilities are
located in center of the 50 foot easement.
Mr. Andrews advised that last year, the ABC Store, located within the Wrightsville Beach
City Limit, seized 20 feet of the 50-foot easement for parking spaces. Presently, the road is only 30
feet wide at this point.
Commissioner Howell asked if the proposal submitted by the Planning Staff would save the
oak trees?
Staff Planner Burgess responded this was not a known fact.
Commissioner Davis stated if you reduce the easement by ten to five feet on each side, the
problem would not be resolved.
Mr. Andrews advised that reducing the road by ten feet on each side would probably preserve
the trees; however, reducing the easement by five feet would not protect the trees.
Chairman Greer recommended closing the road and maintaining a 40 foot easement.
Staff Planner Burgess advised the proposal made sense and stated the Board could adopt the
original request by the applicant; however, the City of Wilmington or the N. C. Department of
Transportation would not be responsible for making any improvements to the road at a future date.
County Engineer, Wyatt Blanchard, reported the right-of-way should be 50 feet wide in order
to secure clean-outs for the sewer lines.
Motion:
Vice-Chairman Caster MOVED to adopt an order closing the road contingent upon
maintaining a 50 foot right-of-way north of the ABC Store.
After a lengthy discussion of what would happen to persons using the road if it was closed,
WITHDREW HIS MOTION
Vice-Chairman Caster .
Chairman Greer recommended not taking action on the road closure.
Motion:
After further discussion, Commissioner Howell MOVED, SECONDED by Commissioner
Birzenieks to approve the request as petitioned by the applicant. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Voting Nay:Vice-Chairman Caster
Chairman Greer
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 928
Chairman Greer reported, for clarification, the action taken would reduce the road by ten feet
on each side with maintaining a 50-foot easement.
A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXIII, Page 36.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 12:15 P.M. until 12:31 P.M. to hold a
meeting of the Water and Sewer District.
ADDITIONAL ITEMS - COUNTY MANAGER
Adoption of Resolution Designating April 13-19, 1997 as National County Government Week
in New Hanover County
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt a
resolution designating April 13-19, 1997 as National County Government Week in New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 36.
Discussion of Continued State Funding for Grassroots Science Museums Collaborative
Program
County Manager O’Neal advised that Janet Seapker, Director of the Museum, had requested
the Board to contact the local legislators about funding support for the Grassroots Science Museums
Collaborative Program. If the special bill is passed, the Cape Fear Museum will receive
approximately $130,000 annually for the next two years.
Consensus:
After discussion, it was the consensus of the Board for each individual Commissioner
to contact the local legislators requesting support of the museum program.
Authorization for Chairman To Write a Letter of Support for Senate Bill 124 Pertaining to the
White Goods Disposal Tax
County Manager O’Neal reported the N. C. Association of County Commissioners has
requested the Board to support Senate Bill 124 which would remove the sunset on the white goods
disposal tax and lower the rate to $5.00 per appliance. The reduction in the fee is necessary since the
tax is currently generating a surplus.
Consensus:
After discussion, it was the consensus of the Board for the County Manager to write
a letter of support for the Chairman’s signature.
Discussion of Personal Watercraft Ordinance
Discussion was held on the proposed Personal Watercraft Ordinance. Chairman Greer
recommended clarifying the distances in the ordinance to make it less confusing to the public.
Commissioner Davis agreed and recommended establishing one distance throughout the entire
ordinance. For example, a personal watercraft cannot go within 100 feet of a swimmer, anchored
vessel, surf fisher, marsh, etc.
Chairman Greer recommended eliminating the words, outboard boat, and stated a map should
be prepared and provided to rental companies so they can explain the designated areas to persons
from out of town. He, also, referenced Section 12-146(d) pertaining to protecting Masonboro Island
and recommended rewording the paragraph for clarification.
A lengthy discussion was held on how the ordinance would be enforced. County Attorney
Copley advised that enforcing the ordinance would be a problem; however, the enforcement officers
patrolling the waters would be familiar with the ordinance and its regulations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25
REGULAR MEETING, APRIL 7, 1997PAGE 929
After further discussion, County Attorney Copley requested each Commissioner to review
the draft ordinance and forward the desired changes to the Legal Department so a draft ordinance
could be prepared for the Board to discuss and consider.
County Manager O’Neal asked when the Board would like for the Personal Watercraft
Ordinance to be placed on the agenda?
After discussion, the County Manager was requested to place the ordinance on the agenda
for May 5, 1997.
CAROLINA BEACH TOWN COUNCIL
Clerk to the Board, Lucie F. Harrell, reported the Carolina Beach Town Council had
requested a joint meeting to further discuss the provision of water and sewer to the
Hanby/Wilmington Beach area.
Consensus:
After discussion, it was the consensus of the Board to meet on Tuesday, May 6, 1997,
or Friday, May 9, 1997. The Clerk was requested to confirm the date, time, and place.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:45 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board