1994-04-05 Regular Meeting
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 1
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, April 5, 1994, at 6:30 P.M. in the First Floor
Assembly Room of the New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer;
Deputy County Manager, Andrew J. Atkinson; County Attorney, Wanda
M. Copley; and Clerk to the Board, Lucie F. Harrell.
commissioner William E. Sisson, Jr. was on vacation.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Charles Stanley, Assistant Pastor of Grace Baptist
Church, gave the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone present would
like to present an item not listed on the Regular Agenda or comment
on an item listed on the Consent Agenda. He requested that all
remarks be limited to three minutes. No items or comments were
received.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the Consent Agenda as presented. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye:
commissioner Barone
Commissioner caster
vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following minutes as presented
by the Deputy Clerk:
Work Session, March 10, 1994
Regular Meeting, March 21, 1994
Adoption of Resolution for Correction to Tax Parcel Sold in Error
The Commissioners adopted a resolution to correct an error in
the sale of a certain tax parcel conducted on January 19, 1981, to
Mr. Charles W. Edens. The parcel was purchased, but did not in
fact exist. Mr. Edens has paid the County ad valorem tax on the
said parcel since 1981. The County will reimburse Mr. Edens the
amount paid at the foreclosure sale and the subsequent taxes with
interest compounded daily at 4% for a total of $917.64.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Adoption of Proclamation Declaring April 16-23, 1994, as "county
Government Week"
The Commissioners adopted a resolution declaring April 16-23,
1994, as "county Government Week" in New Hanover County.
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE (2
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Proclamation Declaring May 15-21, 1994 as "Emergency Medical
Services Week" in New Hanover County
The Commissioners adopted a proclamation declaring May 15-21,
1994, as "Emergency Medical Services Week" in New Hanover County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is on file in Exhibit Book XXII, Page 6.
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Adoption of Resolution Awarding Bid #94-0283 to Compuventures of
pitt county, Inc. d/b/a MicroAge computer Centers for Purchase of
Microcomputer Equipment and Approval of Contract #94-0283
The Commissioners adopted a resolution awarding the only
responsive bid to Compuventures of pitt County, Inc. d/b/a MicroAge
Computer Centers for purchase of microcomputer equipment. The
Chairman was authorized to sign the contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Approval of Amendments to State Airport Improvement Project Grant
(AIP-09)
The Commissioners approved amendments to the original state
Airport Aid Project grant and authorized the Chairman to sign the
modified agreement. The amended agreement will enable the County
to receive $300,000 in State' funds to recover excess County
participation in the construction of the Airport Terminal Building,
Phase II. This is the final year the County will be receiving this
funding.
A copy of the modified grant agreement is on file in the Legal
Department.
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Approval of Budget Amendment #94-0182 to Budget Additional State
Revenue for Health Department Programs
The Commissioners approved the following Budget Amendment:
94-0182 Health Department/Child Health Services Coordination/
Family Planning
Debit
Credit
Health Department/
Child Health Services Coordination
state Grant
$ 2,925
Department Supplies
$2,925
Health Department/Familv Planninq
MCC Women's Health
Title X Expansion Funding
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$10,727
$16,417
Contracted Services
Departmental Supplies
Training & Travel
Other Improvements
Capital Outlay
$ 3,727
$15,267
$ 500
$ 2,000
$ 5,650
Purpose:
Department
Planning.
To budget
programs,
additional State
child Services
revenue for
Coordination
the
and
Health
Family
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Approval of Budget Amendment #94-0184 to Budget Additional state
Grant Funds for Funding One Full-Time PUblic Health Nurse I
position for the Epidemiology Division of the Health Department
The Commissioners approved the following Budget Amendment to
budget additional State grant funds for one new Public Health Nurse
I position for the Epidemiology Division of the Health Department
contingent upon availability of full grant funding. The county
will not fund the position if grant funds are not received.
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE '3
94-0184 Health Department/Epidemiology
Debit
Credit
Health Deoartment!Eoidemioloqv
lAP Grant
$16,904
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Salaries & Wages
FICA
Medical Insurance
Disability Insurance
Departmental Supplies
Employee Reimbursement
Capital Outlay - Equipment
$5,200
$ 380
$ 400
$ 10
$6,634
$ 200
$4,080
Approval of Budget Amendment #94-0186 for Sheriff's Department to
Budget an Additional Deputy position for Laney High School
The Commissioners approved the following Budget Amendment to
budget an additional Deputy position for Laney High School for the
remainder of the fiscal year. Expenses will be funded through
receipts of Controlled Substance Tax revenues.
94-0186 Sheriff's Department Controlled Substance Tax
Debit
Credit
Sheriff's Deoartment Controlled Substance Tax
Controlled Substance Tax $5,637
Sheriff's Deoartment Administration
Salaries and Wages
Social Security Tax
Medical Insurance
$4,685
$ 358
$ 594
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Approval of Budget Amendment #94-0190 to Budget Additional State
Funds for the Alternatives to Detention Grant Program
The Commissioners approved the following Budget Amendment to
budget additional State funds for the Alternatives to Detention
Grant Program. No County funds are required.
94-0190 - outside Agencies/CBA
Debit
Credit
outside Aqencies!CBA
CBA Grants
$5,000
Alternatives to Detention
$5,000
APPROVAL OF ONE FOSTER HOME LICENSING SOCIAL WORKER AND TWO
PERMANENCY PLANNING/FOSTER CASE WORKERS IN THE FOSTER CARE SERVICES
DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES
Deputy County Manager, Andrew J. Atkinson, reported on the
immediate need for additional positions in Foster Care Services and
requested approval of the following positions as recommended by the
review team established by the County Manager. He stated the
Director of Social Services, Wayne Morris, is present and will be
glad to answer any questions.
1 Foster Home Licensing Social Worker (Social Worker II)
2 Permanency Planning/Foster Case Workers (Social Worker III)
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commissioner Caster inquired as to the training received by
the foster parents, the requirements to become a foster parent, and
if a criminal background check is performed before allowing a
person to become a foster parent?
Mr. John Wasson, Assistant Director of Social Services,
reported three times a year parenting workshops are provided by the
N. C. Division of Social Services. This training is used as a
training and assessment tool to see if persons who are foster
parents want to continue to perform this service or if persons
interested in becoming foster parents are still interested. Also,
a new foster parent is required to go through an intensive
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MINUTES OF REGULAR MEETING, APRIL S, 1994
PAGE 4
investigative process with completion of a 10-week training course
before that individual can become a foster parent. A person's
criminal record is checked through the Clerk of Courts Office to
see if an applicant has been charged or convicted of a criminal
offense in New Hanover County. The Department of Social Services
has just learned that background criminal checks can be performed
statewide and the department is now checking on a statewide basis
by contacting the Department of Corrections in Raleigh, North
Carolina. I
commissioner Caster inquired as to whether the criminal record
of an applicant can be checked nationwide?
Mr. Wasson reported criminal records can be checked only in
the State of North Carolina, not nationwide. Due to the recent
event and newspaper article in the Charlotte News & Observer, the
N. C. Division of Social Services is working on a plan to enable
each county to check potential foster parents on a nationwide basis
for criminal charges or convictions.
commissioner Caster inquired as to how many families are
qualified for foster care in New Hanover County and how many DSS
employees are assigned to monitor this section?
Mr. Wasson reported there are 105 foster parents in New
Hanover County. Currently, there are over 400 children in the
custody of the Department of Social Services with 220 of these
children in foster homes. The County should have approximately 150
foster homes to handle this number of children. As to employees,
there are three (3) foster home licensing social workers for over
100 homes. The State has just established a ratio of 1-25 foster
homes per foster home licensing social worker.
Discussion was held on the article in the Charlotte News &
Observer. Director Morris reported, in his opinion, the article
was accurate and more attention is being focused on child
protective services. Unfortunately, the State has failed to
recognize that in order to deal with child protective services, you
must deal with foster care. When making investigations into child
abuse with award of custody to DSS through the courts, the children
must be provided a place to live. Hopefully, this article will
bring about State legislation that will address this issue. -
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the additional positions as recommended by the
review team. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Absent: Commissioner Sisson
commissioner Barone stated, for the record, she is voting
"no", not because of the need for foster homes to protect abused
children, but because she cannot support the continued expansion of
programs administered by the Department of Social Services. If
these programs continue to expand, people will have no money left
in their paychecks after deductions because the programs are
becoming too expensive. She, again, reiterated that the "no" vote
is not a reflection on the need to protect abused and neglected
children and the fine people who are providing foster care.
APPROVAL OF NEW PHYSICIAN EXTENDER POSITION FOR THE HEALTH
DEPARTMENT
Heal th Director, Robert S. Parker, reported the Board of
Health apprcived a new physician extender position to provide
clinical patient services for "the Family Planning and 'Sexually
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 5
Transmitted Disease Programs. Additional funds have been received
from the state and many positions and programs have been added
without additional funding from the County. Dr. James Pence, the
physician currently providing these services, would like to be
relieved of these duties, and it is felt by the Health Department
that a full time physician extender would provide more hours of
service.
commissioner Barone reported on the minutes from the Board of
Health meeting where a nurse practitioner position was approved for
Family Planning and a physician extender position was approved for
Maternal and Child Care. She expressed concern for requesting a
physician extender position for Family Planning when this was not
approved by the Board of Health and requested an explanation from
Health Director Parker.
Health Director Parker reported a physician extender is a
generic term used to describe either a nurse practitioner or a
physician's assistant; hence, this position was approved by the
Board of Health.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to fund a new physician extender position for the Health
Department. The floor was opened for discussion.
commissioner Barone asked if County funds will be involved in
funding the position?
Deputy County Manager Atkinson reported County funds will be
used, but those funds have already been budgeted to pay Dr. Pence.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
Vice-Chairman Mathews requested Health Director Parker to
inform the Commissioners about the progress being made in providing
better health services to New Hanover County citizens.
Health Director Parker reported that numerous meetings have
been held by staff to provide more accessible services without
asking for additional County funds. In order to meet this goal,
the County authorized the Health Department to incorporate flexible
schedules in Environmental Health, Parenting Child Care, Family
Planning, WIC, and Community Health. This schedule has enabled
staff to offer services before and after work hours. Staff has
adjusted to the flex schedules, and it is felt that more clients
are being reached and served by the Health Department.
Health Director Parker commented on health care reform and
emphasized the importance of population based services. Health
care reform is not about health care, but it is about insurance
reform. The U. S. Congress will not enact any bill that will
improve the health.of the nation. Health Departments are trying to
lobby Congress and the N. C. General Assembly to provide fundin~
for public health initiatives that will make a difference in the
general health of the country such as the eradication of smallpox
from the world. Polio should be eradicated from the world within
the next few years, and it is hoped that many of the communicable
diseases in the world will be eradicated through population based
services. The average life span of a human at the turn of the
century was less than 50 years of age. Ninety years later, this
life span has grown to over 75. This was accomplished by
population based services, not medical care.
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PAGE .6
PUBLIC HEARING FOR 1994 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM
Chairman Greer opened the Public Hearing and announced the
purpose of the hearing is to receive comments from the public in
order to assist the Commissioners in determining eligible CDBG
target areas.
staff Planner, Wanda Coston, reported in order to apply for
the Community Revitalization category of the 1994 Small cities
Community Development Block Grant Program, a Public Hearing must be
held in order to identify target areas. Projects in this category
must include activities where a majority of funds are directed
toward the following objectives: (1) improving, preserving, or
developing residential areas; (2) address the national objective of
benefitting low and moderate income persons; and (3) aid in the
prevention or elimination of slums and blight. The County is
eligible to apply for up to $850,000 in this grant category and the
Commissioners must decide if they wish to apply for the grant.
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Chairman Greer inquired as to whether anyone present would
like to comment.
No comments were received.
Chairman Greer closed the Public Hearing.
Staff Planner Coston requested authorization to submit a grant
application for the entire west side of the Kirkland Community and
a portion of the community on the east side of U.S. Highway 17.
After review of areas throughout the County, it is felt this
community would meet the eligibility criteria for award of the
grant with funds being used to sewer the community.
Chairman Greer inquired as to the County's commitment if the
grant is awarded and asked if funds will be budgeted for FY 1994-
95?
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Staff Planner Coston reported there is a 25% local match plus
in-kind services.
Deputy County Manager Atkinson reported if the grant is
awarded, the project would not move quickly enough to require the
entire match in one fiscal year. The County's match would come
from the Water & Sewer District over a period of three years.
. commissioner Barone expressed concern for the program
requirement which provides for the needs of non-English speaking
persons and stated if a person lives in America, this person should
speak English. She inquired as to the State division that should
be contacted to register her complaint?
Staff Planner Coston responded that the
Commerce, Division of Community Assistance,
should be contacted.
N. C. Department of
is the agency that
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to authorize staff to submit an application for the 1994
Small cities Community Development Block Grant for the Kirkland
Community. Upon vote, the MOTION CARRIED AS FOLLOWS:
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voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner sisson
Staff Planner Coston reported the grant application requires
establishment of a Kirkland Area Program Committee composed of
citizens within the community and a representative from the
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 7
governing body.
commissioner Barone volunteered to serve on the committee.
Consensus:
commissioner
committee.
It was
Barone
the consensus
to serve on
of
the
the Board to
Kirkland Area
appoint
Program
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PUBLIC HEARING TO CONSIDER A REQUEST BY LARRY SNEEDEN, P.E. TO
MODIFY PARKING RATIO REQUIREMENTS FOR BANKS, PROFESSIONAL OFFICES
AND RELATED ACTIVITIES, AND TO PERMIT INCREASES IN PARKING SPACES
IN EXCESS OF MINIMUMS WITHOUT A LANDSCAPING PENALTY (A-254, 2/94)
Chairman Greer opened the Public Hearing.
staff Planner II, Pete Avery, presented a report on the
proposed Text Amendment to better explain the request. He reported
the proposed Text Amendment was first initiated by a local
engineer, Larry Sneeden, to modify the text regarding off-street
parking ratios for specified uses for banks, financial
institutions, general and professional offices. The request was
made to provide additional parking on some sites depending on the
nature of the use and to allow more discretion in determining the
spaces needed by placing a cap on the minimum number and being
allowed to exceed the cap by 25%.
The Text Amendment presented by the applicant consists of the
following components:
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I. Revise section 67-3(1) (B)-2 to Expand Unsuitable reasons for
clearing protected trees by exceeding the number of minimum parking
spaces: The applicant requested amending the ordinance to read as
follows: "If any of these trees are to be cleared from the site,
reasons for doing so shall be clearly stated on the landscape plan.
Suitable reasons for clearing one or more of these trees include
such factors as trees covering more of the site area than is
required to landscape, or that it is impossible to position
buildings on the parcel and meet setback requirements without tree
removal. Unsuitable reasons include such factors as more parking
than 125 percent of the minimum specified by section 80".
This revision would give the developer some discretion in
determining the necessity of additional parking for planned uses
based on perceived patronage demands for the use. The Planning
Board felt this was excessive because the proposed text amendment
would apply to all sites throughout the County which would impact
on landscape provisions by development permit applications. After
review, the Planning Board voted to limit the 125% regulation to
property of one acre or less in size.
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II. Revise Section 81-1 General and Professional Offices to read
as follows: One space for each three-hundred (300) square feet of
gross floor space. The Planning Board voted to make no change in
the regulation.
III. Revise Section 81-1 Banks and Other Financial Institutions to
read as follows: One space for each two-hundred (200) square feet
of gross floor space. Stacking area for drive-through teller
windows may be included in this parking requirement. The Planning
Board voted to make no change in the regulation.
Mr. Larry Sneeden, the applicant, reported the specialty of
his company is to design small commercial sites. In sketching two
to three parking sites per week, it has been found that some
revisions should be made to the parkingiregulations in the Zoning
Ordinance. The minimum standards of one parking space for every
four-hundred square feet of gross office space was adopted in the
past to ensure the County that no structures would be constructed
with 10,000 square feet of gross office space and only two parking
spaces. When. building on a wooded ~ot, the current minimum
standard becomes a problem because the Zoning Ordinance states if
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 8
you have protected trees on the site, the trees cannot be removed
to provide more than the minimum parking spaces. This causes the
minimum standard to become the maximum standard. If you construct
a 1,000 square ,foot office building, the ordinance allows three
parking spaces with one space reserved for handicapped persons. In
an office building of this size, a company can easily have five
employees with only two regular parking spaces. On wooded sites,
persons are being forced not to provide enough parking spaces with
the current requirement of one parking space every four-hundred
square feet. He recommended that the minimum parking requirement
for general office use be increased to one parking space for every
two-hundred square feet of gross office space. Also, on wooded
sites, flexibility should be provided to have more than the minimum
number of parking spaces because it is difficult to select a
specific number that will apply to the varied uses of office and
retail space. The purpose of the amendment is to allow the
developer to exceed the minimum number of parking spaces by 25%,
which will provide flexibility. Mr. Sneeden expressed concern for
the Planning Board placing a limit on exceeding the 25% minimum
standard to one acre or less and stated this may eliminate problems
on small sites but will not eliminate problems on large sites.
Mr. Sneeden also expressed concern for the current requirement
of one parking space per 100 square feet of gross floor space for
banks. In his opinion, there are banks throughout the County with
large parking lots that are not utilized. He recommended reducing
this requirement to one space for each two-hundred square feet of
gross floor space. A stacking area for drive-through teller
windows may be included in the parking requirement.
Chairman Greer inquired as to why the Planning Board
recommended no change for general and professional offices?
staff Planner Avery reported the Planning Board felt no change
was needed in the requirement of one space for every four-hundred
square feet of gross floor space be~ause very few complaints have
been received about this regulation.
Chairman Greer reported it is
Zoning Enforcement Officer adjusts
requires more parking spaces?
his understanding that the
these numbers if the use
Assistant County Manager, Dave Weaver, reported the Zoning
Enforcement Officer has to abide by the minimum standard in the
Zoning Ordinance and has no ailthority to require more parking
spaces. If the proposed use can fall in more than one category,
the Zoning Enforcement Officer will closely review the need and
select the category that would.be the most appropriate based upon
the use.
A lengthy discussion was held on the present parking ratios
and the need to provide more flexibility in the Zoning Ordinance.
Assistant County Manager Weaver reported the County's parking
requirements are archaic and need to be updated. He recommended a
complete review of the parking regulations.
Chairman Greer agreed with a complete review of the parking
regulations and requested that Mr. Sneeden be included in the
review process.
Mr. Sneeden agreed to work with Staff, but expressed concern
for not addressing the parking requirements for banks because he is
in the process of working with a bank to construct a branch office.
This request was initiated at the beginning of January 1994 and a
decision needs to be made. The branch office will have 2,400
square feet of office space and under the current parking
regulations, twenty-four parking spaces will have to be "provided:
This is ,an excessive amount of parking spaces. .
Chairman Greer recommended dealing with parking requirements
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MINUTES OF REGULAR MEETING, APRIL 5, 1994 PAGE 9
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for banks and financial institutions apd deferring action on the
other amendments until a study is completed.
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After urther d~scuss~on, C a~rman Greer ~nqu~red as to
whether anyone present would like td comment. The followi~g
remarks were received:
Ms. Lillian Tompa commented on the Atrium and the new lot that
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has been constructed to resolve the problem and asked Mr. Sneeden
why this is was a problem? I
Mr. Sneeden reported the Atriu~ should have never been
constructed under the County's standard of one parking space for
every 400 feet of gross floor area. IThis project is a perfect
example of the inadequacy of the curre~t parking regulations. In
order to accommodate clients, a new lot had to be constructed.
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Chairman Greer closed the Public Hearing.
Chairman Greer recommended Changin~ the wording for banks and
financial institutions to 150 square feet for one parking place
with. stacking of no more than two pla:ces at each drive-through
window. I
Assistant county Manager Weaver .recommended the following
verbiage: "no more than two spaces credit for stacking". For
example, if,15 parking spaces are requi~ed for the size of the bank
with two drive-through lanes, a total of four spaces could be used
to meet the 15 space requirement. I
Motion: Chairman Greer MOVED, SECONDED, by commissioner Barone to
revise Section 81-1, Banks and Other Financial Institutions, to
read as follows: One space for each onei-hundred fifty square feet
of gross floor area (up to two stacking spaces per drive-through
teller window may be credited to the minimum). Upon vote, the
MOTION CARRIED AS FOLLOWS: .. I
Voting Aye: Comm~ss~oner Barone
commissioner Caster
Vice-Chairman Mathews
Chairman Greer
. . I .
Absent: Comm~ss~oner S~sson
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA; AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969" is hereby in~orporated as part of the
minutes and is contained in Exhibit Book XXII, Page 6.
Consensus: After further discussion df the need to review and
update the parking regulations includingithe amendment just enacted
for Banks and Financial Regulations, it was the consensus of the
Board to request staff to prepare a reco~mendation and include Mr.
Larry Sneeden in the review process. I
BREAK I
Chairman Greer called.a break from \8:10 P.M. until 8:20 P.M.
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PUBLIC HEARING TO CONSIDER A REQUEST BY REX HEALY TO REZONE 1.37
ACRES AT THE NORTHWEST CORNER OF ALLENSILANE AND MILITARY CUT-OFF
ROAD TO OFFICE AND INSTITUTION FROM R-15.RESIDENTIAL (Z-491, 3/94)
Chairman Greer opened the Public Hearing.
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Staff Planner, Pete Avery, reported the Planning Board voted
unanimously to approve the rezoning request feeling that the
subject,properties no longer are appropriate for redevelopment as
single family uses. Also, the Planning Board concluded that the
proposed Office and Institution zoning would provide a good land
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use trans~t~on for the area. I
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 10
Chairman Greer inquired as to whether anyone present would
like to comment.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve rezoning 1.37 acres at the Northwest Corner of
Allens Lane and Military cut-Off Road to Office and Institution
from R-15 Residential as recommended by the Planning Board. Upon
vote, the MOTION CARRIED AS FOLLOWS:
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voting Aye: Commissioner Barone
Commissioner caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP O~ ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED DECEMBER 15, 1969" is hereby incorporated as a
part of the minutes and is contained in Zoning Book I, section 2,
Page 30.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT REQUESTED
BY LARRY SNEEDEN TO PROVIDE AN ON-SITE MANAGER'S RESIDENCE IN
CONJUNCTION WITH A MINI-STORAGE FACILITY ON THE WEST SIDE OF MARKET
STREET, 600 FEET SOUTH OF GORDON ROAD (S-358, 3/94)
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
anyone wishing to comment including the Planning Staff, must be
sworn in by the Clerk to the Board.
The following persons were sworn in:
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Staff Planner II, Pete Avery
Larry Sneeden, the petitioner
Staff Planner Avery, reported the Planning Board voted
unanimously to grant the Special Use Permit for the provision of an
on-site manager's residence in conjunction with a mini-storage
facility on the west side of Market Street, 600 feet south of
Gordon Road feeling that the Ordinance requirements had been met
with no change in the findings of fact presented by Staff.
Planner Avery presented the following findings of fact:
1. The proposed use will not materially endanger the public health
or safety if located where proposed and developed according to the
plan as submitted and approved based upon the following findings:
(a) Similar requests have been approved by the County with no
record of peril or danger to the general public.
(b) The site has direct access to a public street, affording
emergency vehicles and related services ease of access.
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(c) The site will be serviced by County sewer and private
water.
2. The proposed use meets all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
(a) The proposed dwelling will be located above 'the ground
floor at the front of the building.
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MINUTES OF REGULAR MEETING, APRIL 5,
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(b) The total area devoted to the dwelling will not occupy
more than fifty percent of the I total floor area of the
principal use.
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(c) Open space far in excess of the total floor area of the
dwelling unit is provided. This open area is unobstructed by
buildings, structures and/or parking.
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(d) The dwelling unit will bel occupied by a full-time
resident manager.
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(e) The required front, side and rear yard setbacks are met.
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3. The proposed use will not substantially injure the value of
adjoining or abutting property, or that the use is a public
necessity based upon the following findings:
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(a) Adjoining properties are developed with commercial uses,
including a dry cleaners, used caz:' sales, and a recreational
vehicle sales lot.
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4. The proposed use if developed according to the plan as
submitted and approved will be in harmony with the areas 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: i
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(a) The site is classified Resource Protection by virtue of
its proximity to Howe Creek, an estuarine water; however, the
property does drain away from Howe Creek to Market street. As
a result, this finding should be modified to read as follows:
(1) The area should be classified Urban Transition; and (2) No
important natural resources are impacted. The site is within
the smith -Creek Watershed. ;
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Cha1rman Greer asked t e pe 1 1oner, 1f he agreed w1th the
findings of facts presented by the Planning Staff.
Mr. Larry Sneeden concurred with the findings of fact other
than the site draining into the smith Cr~ek Watershed and stated he
cannot swear under oath that this is a fact; however, he does know
that the site drains into the Cape Fear: River.
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Chairman Greer inquired as to whether anyone present would
like to make any comments. No other remarks were received.
Chairman Greer closed the Public Hearing.
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Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to grant the Special Use Permit based on!the evidence presented and
the acceptance of staff findings, includ+ng the revision to General
Requirement #4 relative to the site being within the smith Creek
Watershed. Upon vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 6.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER , SEWER DISTRICT
Chairman Greer convened from Regular Session at 8: 30 P.M.
until 8:33 P.M. to hold a regular meeting of the Water & Sewer
District.
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 12
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Proclamation Designating April 9, 1994, as "Former
Prisoner of War Recognition Day" in New Hanover county
Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt a proclamation designating April 9, 1994, as "Former
Prisoner of War Recognition Day" in New Hanover County. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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Absent:
commissioner Sisson
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Adoption of Proclamation Designating April, 1994, as "Fair Housing
Month" in New Hanover County
Motion: commissioner Caster MOVED, SECONDED by Chairman Greer to
adopt.a proclamation designating April, 1994, as "Fair Housing
Month" in New Hanover County. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
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A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Discussion of Solid Waste Disposal
Chairman Greer reported it was agreed in the Work Session on
March 31, 1994, to delay a decision on implementing a County
Collections System until a decision has been rendered by the
Supreme Court on the case relative to flow control and until
congress acts on legislation pertaining to waste disposal. If the
problem is not resolved during the next fiscal year, the County
will have to implement a County Collections System on July 1, 1995.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to
delay action on implementing a County Collections System with no
change in the current system provided by private haulers; increase
the tip fee from $25 per ton to $30 per ton effective July 1, 1994;
and pay the remaining costs for operation of the Environmental
Management Budget from the undesignated fund balance. Staff is to
prepare an alternative plan to be implemented on July 1, 1995, if
the trash problem has not be resolved during the next fiscal year.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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voting Nay: Commissioner Barone
Absent: Commissioner Sisson
commissioner Caster expressed concern for the inactivity in
resolving the trash problem but stated, in his opinion, there is no
other alternative at this time.
Deputy County Manager Atkinson stated, in his opinion, the
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE '13
County should wait to see if legislation is enacted and how the
Supreme Court will rule on flow control before implementing an
elaborate County Collections System that may have to be changed.
Tour of Parks Scheduled for April 18, 1994
Chairman Greer reported the Parks Advisory Committee would
like to schedule a tour of the parks after the regular meeting on
April 18, 1994. They have invited the Commissioners to have lunch
at Hugh MacRae Park around 12:30 P.M. followed by a tour.
Consensus: It was the consensus of the Board to schedule a tour of
the parks after the regular meeting on April 18, 1994.
Discussion on the Number of Members Serving on the Nursing Home
Advisory Committee
commissioner Caster commented on
concerned citizen about the number of
Nursing Home Advisory Committee and asked
can be increased?
being contacted by a
members serving on the
if the number of members
Clerk to the Board, Lucie F. Harrell, reported she will be
glad to check with the Ombudsman to see if the membership should be
increased according to the formula outlined in the State Statute
governing this committee. A report will be forwarded to the
Commissioners.
Report on a visit to The Food Bank of Coastal Carolina
Commissioner Caster reported on a visit to The Food Bank of
Coastal Carolina and stated it appears that Mr. Steven Bagley is
doing a good job in operating the facility.
commissioner Barone inquired as to whether Mr. Bagley has a
handle on the financial reporting?
Commissioner .Caster reported Mr. Bagley now has the computer
software available to perform the proper financial reporting;
however, he is not sure how far along he is in this process. In
his opinion, Mr. Bagley and the Board of Directors are aware of the
need to perform financial reporting and are working toward this
goal.
Discussion of Request from Rutherford county for support of
Enabling Legislation to Allow Local Governments to Substitute the
Sales Tax for the Property Tax
Commissioner Barone reported as directed by the Board of
County Commissioners at the last meeting, she has contacted the
Chairman of the N. C. Association of County Commissioners Board and
this item has been placed on the agenda for the next meeting of the
Taxation and Finance Steering Committee to be held on April 6,
1994.
Chairman Greer stated if legislation is enacted, he is in
favor of a sales tax statewide but is opposed to a local option
sales tax.
Adoption of Resolution Opposing Shipment of Spent Nuclear Fuel
Through the Port of Wilmington
Vice-Chairman Mathews reported on attending the briefing by
the U. S. Department of Energy relative to the shipment of nuclear
spent fuel rods through the Port of Wilmington. Concern was
expressed for passage of.the nuclear spent fuel rods from the Port
down shipyard Boulevard, to College Road, to 1-40, to Benson, North
Carolina, and turning around going back to South Carolina. He
requested the Commissioners to consider adopting a resolution of
opposition similar to the resolution adopted by the city of
Wilmington.
Deputy County Manager Atkinson presented a letter received
from the U. S. Department of Energy and reported the Environmental
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MINUTES OF REGULAR MEETING, APRIL 5, 1994
PAGE 14
Assessment for the wilmington Port will be completed by April 8,
1994. At that time, a decision will be announced to the public and
appropriate public officials as to which port will be selected to
accept the foreign nuclear spent fuel. After attending the day
time meeting, he feels the Department of Energy has made the
decision and is in the process of following the proper procedures
before making an announcement. If the Commissioners decide to
adopt a resolution of opposition, it should be adopted before April
8, 1994.
commissioner Caster reported on attending the night meeting
and stated according to literature distributed, if any port is
selected the Department of Energy will be responsible for training
persons to handle the material and receive clearances. In his
opinion, this will take time; therefore, he would support a
resolution of opposition for not allowing shipment of the 448
nuclear spent rods through the Port of Wilmington in this short
period of, time. He expressed support for removing the spent
nuclear fuel from Europe to the united states and stated with
proper time allowed for training, he would not be opposed for use
of the Wilmington Port in the future.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to authorize the County Attorney to prepare a resolution to
oppose the shipment of spent nuclear fuel through the Port of
Wilmington with the resolution becoming effective April 5, 1994.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Gre,er
Voting Nay: Commissioner Barone
Absent:
commissioner Sisson
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 6.
Discussion on the Disposal of Hazardous Household Waste
Vice-Chairman Mathews reported approximately three years ago,
discussion was held on providing a system to dispose of hazardous
household waste. He inquired as to the status of this proposal?
Assistant County Manager, Dave Weaver, reported staff is
working with the local N. C. Cooperati ve Extension Service in
trying to create a system. Disposal of hazardous household waste
is expensive, and it hoped some system can be developed. A status
report will be forwarded to the Board.
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of a Request to Amend the Internal Revenue Code of 1986
to Permit the Issuance of Tax-Exempt Bonds by certain organizations
providing Rescue and Emergency Medical Services _
Deputy county Manager Atkinson reported on a request by the
North Carolina Association of Rescue and Emergency Medical
Services, Inc. for support of H.R. 1767 introduced by Congressman
Martin Lancaster to amend the Internal Revenue Code of 1986 to
permit the issuance of tax-exempt bonds by certain organizations
providing rescue and emergency medical services. Staff has
reviewed the bill and is concerned about the ability of volunteer
rescue squads to issue tax exempt bonds with very little oversight
or detailed information on the approval process. The proposed bill
may be an advantage to rural counties, but could create problems
for New Hanover County.
After discussion of drafting a letter, it was agreed to allow
the Commissioners to review this matter before opposing or
supporting the request.
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MrNUTES OF REGULAR MEETrNG, APRrL 5, 1994
ADJOURNMENT
There being no further
meeting atB:55 P.M.
PAGE 15
business, Chairman Greer adjourned the
Respectfully submitted,
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Clerk to the Board
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