HomeMy WebLinkAbout1994-06-06 Regular Meeting
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 111
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, June 6, 1994, at 6:30 P.M. in the Assembly Room
of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: colllliiissioners Sandra Barone; William A.
Caster, Jr.; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews,
Jr.; Chairman, Robert G. Greer; County Manager, Allen O'Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Mark Spelzhausen, Pastor of Messiah Lutheran Church,
gave the invocation.
commissioner Sisson 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.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Chairman Greer reported due to the number of items on the
Regular Agenda, he would like for the Board of Commissioners to
consider removing Consent Agenda Item #3, Item #7, and add the
associated budget amendment to Item #10. The items removed can be
considered at the next regular meeting to be held on June 20, 1994.
commissioner Caster commented on Consent Agenda Item #12, the
repeal of the intangibles tax, and requested removal of this item
for further discussion.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to withdraw Consent Agenda Item #3, and Item #7 to be considered on
June 20, 1994; remove Item #12 for further discussion; approve the
associated Budget Amendment to Item #10; and approve the remaining
Consent Agenda items as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval
The
meetings
of Minutes
commissioners approved the minutes of
as presented by the Clerk to the Board:
the
following
Work Session with the Department of Aging, May 12, 1994
Regular Meeting, May 16, 1994
Work Session with the Strategic Planning Council, May 16, 1994
Adoption of Resolutions to Request the Department of Transportation
to Add the Following Roads to the State Highway System
The Commissioners adopted resolutions to request the N. C.
Department of Transportation to add the following roads to the
State Highway System:
Walnut Hills Subdivision, sections 8, 10, and 13
Marsh Hen Drive Extension
Rummymeade Subdivision
Old Avenue, Castle Hayne Park
Copies of the resolutions are hereby incorporated as a part'of
the minutes and are contained in Exhibit Book XXII, Page 10.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 112
Adoption of Resolution Rejecting the Only Bid Received for the
Purchase of Kitchen Equipment (Bid #94-0153) - New Hanover County
Jail
The Commissioners adopted a resolution rejecting the only bid
received from Jacobi-Lewis Company, Inc. in the amount of
$41,933.50 for the purchase of kitchen equipment for the Jail since
the bid carne in over the amount budgeted. Staff was authorized to
re-bid the proposal for the kitchen equipment.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 10.
Adoption of Resolution Awarding Bid #94-0345 to Southern Ambulance
Builders for the Purchase of Two (2) Type I Ambulances - Emergency
Medical Services Department
The Commissioners adopted a resolution awarding the bid to
Southern Ambulance Builders, the lowest responsive bidder, in the
amount of $186,104 for the purchase of two (2) Type I Ambulances
for the Emergency Medical Service~ Department. The Chairman was
authorized to execute 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 10.
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A copy of the contract is on file in the Legal Department.
Authorization for the Library Director to Apply for 1995 Library
Services and Construction Act Enrichment Grant
The Commissioners authorized the Library Director, David M.
Paynter, to apply for the 1995 Library Services and Construction
Act Enrichment Grant. The grant funds < will be used to provide
remote access from the branch libraries to various electronic
reference products and will be installed in June on a CD-ROM
Network at the Main Library. No County,funds are required.
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Authorization for the Payment of Punitive Damages On Behalf of
Deputy Cecil Gurganious, Jr. - ,Sheriff's Department '
The Commissioners authorized New Hanover County to pay $1,000
on behalf of Deputy Cecil Gurganious, Jr. in the lawsuit Coleman
vs. New Hanover County. Although, the defense counsel felt Deputy
Gurganious's actions were considered appropriate and justified, the
jury did not agree; therefore,' ;the payment should be made as
requested.
Amendment to Architectural Contract #93-0333 with BMS Architects,
PC
The Commissioners approved an a~endment to the contract with
BMS Architects in the amount of $8,392 and authorized the Chairman
to execute the amendment. The county's contract with BMS
Architects, PC includes a flexible fee structure tied to the
construction contract award pJ;icE!: 'As the construction cost
increases, the percentage decreases. Based on the present
construction cost of $791,218 and a percentage rate of'7.38%, the
architectural fee would be . $58,392, which is $8,392 above the
existing contract.
Approval of Additional Funds for the southeastern Center to Pay for,
Consultant Services Provided by the Center for organizational,
Excellence, Inc. and Approval of Budget Amendment #94-0253
The Commissioners approved:a~ditional funds in the amount of
$10,000 to the Center of Organizational Ex.cellence, Inc. for
payment of consultant management services for a period of six weeks
beginning May 26, 1994. The Board also approved the following
Budget Amendment: '<' <'
Budget Amendment #94-0253 - Southeastern Center
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Non-Departmental
Contingencies
Debit
$'10,000
Credit
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PAGE 113
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(Budget Amendment #94-0253 continued)
Debit
Credit
Outside Aqencies/Human Services
Southeastern Center for Mental Health
$10,000
Adoption of Resolution Declaring Hugh MacRae Park as Complete with
no Additional Development Occurring on the Park property
The Commissioners adopted a resolution to declare Hugh MacRae
Park as complete with no additional development to occur on the
park property. It was the feeling of the Parks & Recreation
Advisory Board that over-development would diminish the integrity
of the Park.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 10.
Approval of Additional Juvenile Court Representative to the
Community Alternatives Base (CBA) Task Force; Approval of CBA Task
Force certification; and Approval of the New Hanover county CBA
Plan for FY 1994-95
The Commissioners approved the additional Juvenile Court
Representative to the Community Alternatives Base Task Force;
approved the CBA Task Force Certification; and approved the New
Hanover County CBA Plan for FY 1994-95.
Approval of Budget Amendment
The Commissioners approved the following Budget Amendments:
Budget Amendment #94-0228 - Sheriff's Department Federal Forfeited
property
Debit
Credit
Sheriff's Dept. Federal Forfeited Property
Federal Forfeited Property
$17,312
Sheriff's Dept. Federal Forfeited Property
Motor Vehicles
Capital Outlay
$ 1,000
16,312
Purpose: To budget additional revenue received in FY 1993-94.
Federal Forfeited Property funds must be used for law enforcement
activities as the Sheriff deems necessary.
Budget Amendment #94-0231
Substance Tax
Sheriff's Department Controlled
Debit
Credit
Sheriff's Dept. Controlled Substance Tax
Controlled Substance Tax
$7,565
Sheriff's Dept. Controlled Substance Tax
Capital Outlay
$7,565
Purpose: To budget additional revenue received in FY 1993-94.
Controlled Substance Tax funds must be used for law enforcement
activities as the Sheriff deems necessary.
Budget Amendment 94-0238 Social services/Administration/AFDC/Child
support services
Debit
Credit
Social Services/Administration
Administrative Grants
$9,900
Social Services/ADFC
State checks
5,100
social Services/Child Support Services
Contracted Services
$15,000
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Purpose: To record year-end programmatic adjustments and to buqget
additional federal and state monies.
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MINUTES OF REGULAR MEETING,. JUNE 6, 1994
PAGE 11:.4
Budget Amendment #94-0244 Library
Debit
Credit
Librarv
contributions
Lost Books
$5,885
512
Books & periodicals
$6,397
Purpose: To budget proceeds from t~e Book Sale, gifts, and payment
from lost books to purchase additional library materials.
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Budget Amendment #94-0245 - Board of Elections
Debit
Credit
Board of Elections
Fees
Departmental Supplies
$27,296
$27,296
Purpose: To budget state revenue received to offset the cost of
holding the statewide bond referendum.
DISCUSSION OF CONSENT ITEM #12, RESOLUTION RELATIVE TO REPEAL OF
THE INTANGIBLES TAX AND RESTORATION OF STATE APPROPRIATIONS FOR
PUBLIC SCHOOL ENERGY EXPENDITURES
Commissioner Caster requested an explanation of the
alternatives if the Intangibles Tax is repealed and expressed
concern for voting in opposition to this bill with very little
knowledge of the proposed legislation.
commissioner Barone reported the N. C. Association of County
Commissioners Steering Committee on Taxation and Finance
understands that the proposed legislation for repeal of the
Intangibles Tax will provide seven different options for local
governments to replace this revenue source. For example, one
alternative is charging a City Income Tax that would be reported on
the State Income Tax return as a percentage of the adjusted taxable
income. In turn, all monies received by the State on the tax
returns would be returned to the local governments. She stated she
could not support this type of tax.
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; County Manager O'Neal reported if the Intangibles Tax is
repealed, New Hanover County will suffer a loss of approximately
$2.6 million of unrestricted revenue which goes directly into the
general fund. If this revenue is not replaced, the cost would be
equivalent to 2.3 cents on the tax rate.
commissioner Sisson reported the Intangibles Tax is a form of
double taxation because persons are taxed on accounts receivables
and then re-taxed on the accounts receivables when they become
accounts payable. In a business .where payment is often delayed
until an insurance company forwards claims, particularly in
insurance litigation cases where monies are not received for years,
the business still has to pay Intangibles Tax every year. '-.
Vice-Chairman Mathews commented on the need to better
understand the options for reimbursements before deciding on
whether to oppose the issue and recommended postponing this item
until further information is received:
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commissioner Caster requested the Board to consider support of
the legislation pertaining to the restoration of State
Appropriations for Public School Energy Expenditures.
Chairman Greer expressed
information on this legislation
along with the Intangibles.Tax.
Consensus: It was the consensus of the Board to postpone making a
decision on the two proposed resolutions until further information
1S received 'on -tfie legislation. .
concern for not having enough
and requested postponing this item
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MINUTES' OF REGULAR MEETING, JUNE 6, 1994
PAGE 115
PRESENTATION OF RESOLUTION DECLARING DR. RAYMOND A. STONE AS AN
HONORARY CITIZEN OF NEW HANOVER COUNTY
Chairman Greer expressed appreciation to Dr. stone for the
cooperative manner in which he has worked with the Board of County
Commissioners and read a resolution declaring Dr. stone as "an
honorary citizen" of New Hanover County.
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Motion: commissioner Sisson MOVED,
to adopt the resolution as read.
UNANIMOUSLY.
SECONDED by Commissioner Barone
Upon vote, the MOTION CARRIED
Dr. Stone expressed appreciation to the County Manager and
staff for the professional manner in which they have worked with
Cape Fear Community College. He complimented the Board of County
Commissioners for the outstanding support given to the College and
for their cooperation during his interim term as President of the
College.
A round of applause was requested for Dr. Stone.
ADOPTION OF FISCAL YEAR 1994-95 BUDGET ORDINANCES FOR NEW HANOVER
COUNTY AND THE NEW HANOVER COUNTY SPECIAL FIRE DISTRICT
County Manager O'Neal reported the Budget Ordinance for New
Hanover County includes the minor changes made at the Work Session
held on Thursday, June 2, 1994.
Commissioner Sisson requested adding the following verbiage to
Section 13 on Page 4 of the New Hanover County Budget Ordinance:
"maintenance and renovations, exclusive of those authorized under
the bond issue".
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Chairman Greer reported the proposed FY 1994-95 Budget for New
Hanover County and the Special Fire District does not include an
increase in the tax rate, which is quite an accomplishment during
a difficult budget year. He complimented staff for an excellent
job in preparing the budget.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the Budget Ordinance for New Hanover County as
amended and the New Hanover County Special Fire District Budget
Ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
commissioner Barone stated, for the record, the no vote does
not reflect negatively on the excellent job performed by the County
staff in preparing the budget, but she cannot vote for a budget
that provides. for expansion of the Department of Social Services.
As a County Commissioner, her responsibility is to bring more jobs
into the area and improve the economic stability of the region so
people will not have to use the services provided by the Department
of Social Services.
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Copies of the Budget Ordinances are hereby incorporated as a
part of the minutes and are contained in Exhibit Book XXII, Page
11.
ADOPTION OF RESOLUTION FOR FY 1994-95 OUTSIDE AGENCY FUNDING
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the resolution for FY 1994-95 Outside Agency
funding as presente~. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a ,part of
the minutes and is contained in Exhibit Book XXII, Page 11.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE ,11'6'
PUBLIC HEARING TO CONSIDER THE SECONDARY ROAD CONSTRUCTION PROGRAM
FOR NEW HANOVER COUNTY AS PRESENTED BY THE N. C. DEPARTMENT OF
TRANSPORTATION
Chairman Greer opened the Public Hearing.
Mr. Odell Williamson, a member of the N. C. Board of
Transportation, commented on the small mileage of dirt roads in New
Hanover County and stated only nine miles are left to pave. He
reported New Hanover County has received favorable consideration by
the TIP Program with contracts on Independence Boulevard and the
Market street Extension. Bids were let for the smith Creek Parkway
but carne in over the amount budgeted; therefore, the project is
being re-bid and hopefully a contract will be awarded in the near
future. He requested Mr. Jim P. Cook, the District Engineer of
Division 3, District 3, to present the Secondary Road Construction
Program for New Hanover County.
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Mr. Jim Cook reported funds approved by the N. C. General
Assembly for the Secondary Road Construction Program are divided by
the number of unpaved miles statewide times the number of unpaved
miles in each county. Secondary road construction allocations are
based upon the amount of revenue generated by the gasoline tax with
the final total not being known until June 30, 1994. If a
significant change in the New Hanover County allocation should
occur, the N. C. Department of Transportation will inform the
County of any adjustment in the Secondary Road Construction Program
for FY 1994-95.
Based on the unpaved mileage of approximately 9 miles in New
Hanover County, compared to unpaved miles statewide, the secondary
allocation is estimated at $104,177, which is expected to be
approved by the N. C. Board of Transportation in July and used as
follows:
July 1, 1994 Secondary Construction Allocation
$104,177
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spot Stabilization, Paved Road
Improvements, Safety Improve-
ments and Bridge Replacements
$ 17.778
86,399
SR 1334, Sondey Road
Right-of-Way not available
Priority 1S
Priority Numbers 2S and 3S
Paved in 1993-94 Program
SR 1883M, French Road
Grade, Drain, Base, Surface, &
Erosion Control. From ST 1441 to
SR1906. All Roads
Priority 4S
0.61
$ 55.000
31,399
SR 1670M Victory Gardens
Grade, Drain, Base, Surface, &
Erosion Control. From US 76 to
ST 1509. All Roads
Priority 5S
$ 25.000
6,339
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0.28
Volunteer Fire Departments,
Rescue squads, road Additions, and contingencies
$
6.339
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TOTAL MILEAGE
0.89
Mr. Cook reported the cost of each project is subject to
variations due to inflation, cost of materials, equIpment rate
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 117
changes, etc. In the event the right-of-way for any of the
proposals is not available, the Department of Transportation will
proceed with the next priority until the right-of-way is acquired
and funds are expended. The Board of County Commissioners will be
notified of changes in the program.
Chairman Greer asked if New Hanover County has the smallest
amount of unpaved roads in the state?
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Mr. Cook responded that New Hanover County has the smallest
amount of unpaved miles with approximately nine miles left. Once
the projects are completed in the proposed for FY 1994-95 program,
there will be approximately 8.5 miles left of unpaved roads.
Chairman Greer reported that a majority of the secondary roads
are funded by the gasoline tax, which means that New Hanover County
is contributing through the gasoline tax much more money than is
being returned to the County for the paving of roads.
Mr. Cook reported county construction funds are based on one
and three-fourth cents of the gasoline tax statewide. These funds
are divided and distributed to each county on a pro-rata basis;
therefore, New Hanover County is losing some money.
commissioner sisson commented on the breaking in of mailboxes
at the entrance of Rogers Avenue and reported on the need for a
'turn around at the end of this road to allow for delivery of the
mail to each house. He asked Mr. Cook if the Department of
Transportation has considered installing a turn around as
requested?
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Mr. Cook reported this project was completed two weeks ago and
the U. s. Post Office has accepted the project.
commissioner sisson expressed appreciation to Mr. Cook for his
cooperation in helping these citizens to resolve this matter.
Vice-Chairman Mathews complimented Mr. Cook for the
cooperative manner in which he has always worked with the Board of
county Commissioners. He inquired as to why the Department of
Transportation is using asphalt to fill in drop-off problems along
the shoulder of roads with asphalt instead of using dirt and grass
sods as being done on Porters Neck Road?
Mr. Cook reported the District Supervisor has informed all
employees that road shoulders are not to be filled with asphalt.
Frequently, when a small amount of asphalt is left over at the end
of a day, the employees will try to find a place to use the asphalt
to avoid a waste product. Not only is this unattractive, but the
results are a half-finished job. As to Porters Neck Road, he will
check into this matter.
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Vice-Chairman Mathews expressed concern for information signs
being located too close to the Highway 17 South and Military Cut-
Off Road intersection, and inquired as to whether these signs can
be placed at a further distance? Concern was expressed for 18
wheeler trucks not having enough time to prepare for the turn and
having to go down Market street, which is undesirable for the truck
drivers and motorists.
Mr. Cook reported he will forward this information to the
proper person tomorrow morning.
commissioner sisson commented on pot holes deteriorating much
too soon after repair and inquired as to whether the road bed
underneath is being built up properly before the pot hole is
repaired? Also, why doesn't the State use an appropriate
stabilization to keep drains from clogging instead of having crews
to unclog drains by shoveling dirt to the side with the next rain
washing the debris back into the drain?
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 118
Mr. Cook reported when pot hole patching is performed with a
cold mix during the winter instead of a hot" mix used during the
summer, this is considered a temporary repair. These temporary
repairs do tend to pop out until a final repair is completed. As
to drains, this is a large job. The highway crews try to keep
drains clean on Market street and College Road which are frequently
located in the middle of concrete and asphalt. As to sUbdivisions,
there is only one street sweeper for the entire Division, which
covers six counties.
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Chairman Greer reported access roads are going to be needed
for Ogden Park on Military Cut-Off Road and stated as of this date
no assistance has been given by the N. C. Department of
Transportation. He requested Mr. Williamson to assist the County
in any way possible to obtain the access roads.
Mr. Williamson explained that the gasoline tax is not the only
source of revenue. Funds are received from the sale of license
tags, drivers license fees, and funds appropriated from the N. C.
General Fund. As to funding for access roads, the N. C. Board of
Transportation considers requests from all counties and tries to
pave roads for schools and parks as evenly as possible.
Mr. Cook reported the Department of Transportation has the
following programs available for providing park roads:
(1) The county Construction Program Fund: This is' a very small
fund which frequently requires two to three years before approval
is received for paving of requested park roads.
(2) The Small Urban Fund Program: This fund requires that the park
must be within one mile from the city Limits; therefore, Ogden Park
is not eligible to receive funds under this program.
(3) The Maintenance Program: No money is available in this fund
for this type of work.
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Mr. Cook reported there could be a possibility of
discretionary funding, which should be discussed with the local
legislators. Also, the small park off of Parmele Road was
petitioned today and the Department of Transportation is trying to
work this project into the system.
Chairman Greer inquired as to whether anyone from the general
public would like comment on the proposed program.
No comments were received.
Chairman Greer closed the Public Hearing.
Chairman Greer, on behalf of the Board, expressed appreciation
to Mr. Williamson and Mr. Cook for taking time to explain the
secondary road programs and for the cooperative manner in which
they work with New Hanover County.
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Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone
to approve the FY 1994-95 New Hanover County Secondary Road Program
as ,presented by the N. C. Depart~ent of Transportation. ,Upon ,vote,
the MOTION CARRIED UNANIMOUSLY.
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ADOPTION OF NEW HANOVER COUNTY POLICY FOR THE SELECTION OF
ARCHITECTS AND ENGINEERS FOR CAPITAL PROJECTS
county Manager O'Neal reported staff was directed to prepare
a,Policy Statement relative ,to the process for the appointment of
a coupty commissioner(s) to participate in the' selection of,
architectural and engineering firms for capital projects.
The following Policy Statement was presented:
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 119
It shall be the policy of the New Hanover County Board of
Commissioners to consider the selection of one or more County
Commissioners, but not a quorum thereof, to serve on staff
committees or task forces reviewing architectural and/or
engineering proposals/qualifications for the design and
specification preparation of capital projects.
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Vice-Chairman Mathews commented on having a competent staff to
perform the selection process and stated he does not feel the
policy is needed since a commissioner can attend the meetings held
during the selection process.
commissioner Caster reported he initiated the request because
he strongly feels that some process should be established to
thoroughly inform the Commissioners on projects with large sums of
money before awarding a bid. As to staff, he is aware of their
competency; however, some form of reporting should be forwarded to
the Commissioners during the process before being asked to award a
$20,000,000 bid.
Commissioner Barone agreed with Commissioner Caster and stated
a policy should be developed to invite one or two commissioners to
serve on the selection task force for any project that exceeds
$1,000,000. As an elected official, it is important that the
Commissioners know what is going on behind the scenes when deciding
on award of bids for large projects. Adoption of a policy would
resolve this matter.
Chairman Greer reported staff could be directed to notify the
Commissioners of the meeting held by a selection task force, which
will enable each Commissioner to attend these meetings if they so
desire.
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commissioner Barone stressed the importance of accountability
and stated as an elected official, she must be involved in the
process when millions of dollars are spent; therefore, a policy
should be adopted.
Motion: Commissioner
County Commissioner(s)
project that exceeds
discussion.
Barone MOVED to establish a policy for a
to serve on the selection task force for any
$1,000,000. The floor was opened for
Commissioner Caster inquired as to how a dollar figure should
be established?
County Manager O'Neal responded that projects vary; therefore,
it could be difficult to establish an exact figure in a policy.
For example, the Animal Control Facility is a high visibility
project but is under $1,000,000.
commissioner sisson commented on the Board being well informed
during the construction process of a project after the bid is
awarded and recommended staff preparing the same type of reports
during the selection process, which will avoid having to adopt a
policy.
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commissioner Caster, again, reiterated the need to be informed
about projects before awarding the bid and suggested a figure of
$2,.000,000.
Amended Motion: commissioner Barone amended the MOTION to
establish a policy for a Commissioners(s) to serve on the selection
task force for projects of $2,000,000 or more. Commissioner Caster
SECONDED THE MOTION. Upon vote, the MOTION DID NOT CARRY AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
-......
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 120
Voting Nay: Commissioner sisson
Vice-Chairman Mathews
Chairman Greer
No policy was adopted.
ADOPTION OF RESOLUTION AUTHORIZING THE TRANSFER OF VACANT LOTS
JOINTLY OWNED BY THE CITY OF WILMINGTON AND NEW HANOVER COUNTY TO
CAPE FEAR HABITAT FOR HUMANITY
County Manager O'Neal requested adoption of a resolution
transferring the following properties jointly owned by the City of
Wilmington and New Hanover County to Cape Fear Habitat for
Humanity:
Parcel Number
054-13-013-004.000
054-13-013-005.000
048-14-005-009.000
048-14-005-007.001
048-09-038-022.000
size
33 x 165
48 x 165
33 x 66,
66 x 128
33 x 165
Address
1009 S. 3rd street
1011 S. 3rd street
North 11th street
Seaside Avenue
911 N. 5th Street
Tax Value
$3,077
$4,476
$1,243
$3,728
$2,051
The conveyance shall be subject to the condition that the lots
will be used to construct single family owner-occupied residences
for low to moderate income citizens.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adopt the resolution conveying the property to Cape Fear
Habitat for Humanity as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 12.
ADOPTION OF A RESOLUTION APPROVING THE ISSUANCE OF $2,850,000 SOLID
WASTE DISPOSAL FACILITY REVENUE BONDS FOR THE OCCIDENTAL PETROLEUM
CORPORATION PROJECT, SERIES 1994
Attorney Wallace C. Murchison requested the Commissioners to
adopt a resolution authorizing the issuance of revenue bonds to be
in the principal amount of $2,850,000, and the execution and
delivery of financing documents pertaining to the revenue bonds
issued by the New Hanover County Industrial Facilities and
Pollution Control Financing Authority 'to finance a solid waste
disposal project at the Chrome Plant in Castle Hayne now owned by
Occidental Chemical Corporation.
Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the resolution approving the issuance of $2,850,000 solid
waste disposal facility revenue bonds for the Chrome Plant in
Castle Hayne, N. C. now owned by Occidental Chemical Corporation.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 12.
BREAK ,,-
Chairman Greer called a break from 7:45 P.M. until 8:00 A.M.
PUBLIC HEARINGS .
_ Chairman Greer announced public notice had been given that
Public Hearings would be held on Monday, June 6, 1994, at 7:30 P.M.
to consider the advertised planning items. _ He requested all
persons wishing to comment to limit their remarks to three minutes
and to select a spokesperson for large groups in order to move
through the scheduled Public Hearings.
PUBLIC HEARING TO CONSIDER A REQUEST BY E. L. POOSER, ET ALIA, TO
REZONE ONE ACRE ON THE NORTHWEST SIDE OF MARKET STREET 450 FEET
WEST OF NORTH COLLEGE ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL
(Z-496) '. " '
Chairman Greer opened the Public Hearing.
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Planning Director, Dexter Hayes, reported the Planning Board
determined the property was better suited for a type of non-
residential development because the site falls within a large
commercial node formed by North College Road and Market street.
Also, the Planning Board felt that nearby residential uses would be
adequately protected by the Zoning Ordinance, which has fairly
rigid setback and buffering standards. The Planning Board voted
unanimously to approve the rezoning request. There was no
opposition present at the Planning Board meeting.
Chairman Greer inquired as to whether anyone from the general
public would like to speak against the proposed rezoning request.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve rezoning one acre on the northwest side of Market
Street, 440 feet west of North College Road from R-15 Residential
to B-2 Business. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 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
37.
PUBLIC HEARING TO CONSIDER A REQUEST BY RICHARD REGISTER TO REZONE
.012 OF AN ACRE ON THE NORTHWEST SIDE OF MARKET STREET, 660 FEET
SOUTH OF BAYSHORE DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-
497)
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Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted to approve the rezoning request feeling the additional B-2
Zoning would not have an appreciable impact on scattered
residential uses located to the west. There was no opposition
present at the Planning Board meeting.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in favor of or in opposition to the
proposed rezoning request.
Mr. Richard Register, the owner of the shop, reported in the
original rezoning of the property the back portion of the property
was not rezonedj therefore, he would like for the 0.12 of an acre
to be rezoned to B-2.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve rezoning .012 of an acre on the northwest side of Market
Street, 660 feet south of Bayshore Drive to B-2 Business from R-15
Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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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
55.
PUBLIC HEARING TO CONSIDER A REQUEST BY CORNELIUS NIXON TO REZONE
SIX (6) ACRES ON THE NORTHWEST SIDE OF MARKET STREET, 800 FEET
NORTH OF MILITARY CUT-OFF ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-498)
Chairman Greer opened the Public Hearing.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 122
Planning Director, Dexter Hayes, reported the Planning Board
voted to approve the rezoning request with inclusion of Parcel I in
the petition to keep from surrounding it with commercial zoning.
The Planning Board felt that nearby commercial uses and other non-
residential activities had sharply curtailed residential interest
in the area and that the proposed rezoning would be consistent with
Policies for Growth and Development.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to the rezoning request.
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No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve rezoning six (6) acres on the northwest side of
Market Street, 800 feet north of the Military Cut-Off Road to B-2
Business from R-15 Residential including Parcel I as recommended by
the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 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
56.
PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY MARGIE SKIPPER TO
REZONE, .41 OF AN ACRE AT 109 BRENTWOOD DRIVE TO R-15 FROM B-2
BUSINESS (Z-499)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
agreed with staff that a reduction of the B-2 District at this
location would be beneficia~ to nearby residential uses,
particularly for those homes in Brentwood Estates located to the
west. The Planning Board voted to approve the rezoning request,
and there was no opposition present at the meeting.
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, Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to the request.
.
No remarks were received.
- .
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to rezone .41 of an acre at 109 Brentwood Drive to R-15
Residential from B-2 Business. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 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
57.
PUBLIC.HEARING TO CONSIDER A REQUEST BY LANDMARK DEVELOPERS,. INC.
TO REZONE 8.6 ACRES ON THE WESTS IDE OF THE CAROLINA BEACH ROAD
1,200 FEET SOUTH OF GOLDEN ROAD TO R-15 RESIDENTIAL AND B-2
BUSINESS FROM 1-1 INDUSTRIAL, B-2 BUSINESS AND R-15 RESIDENTIAL (Z-
500)
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Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported after a lengthy
discussion on how the rezoning would affect some of the existing
uses on the site, particularly a large metal building used for
equipment repair and storage, the Planning Board decided to follow
the recommendation of the Planning Staff. This recommendation is
to rezone the entire 1-1 District and part of the B-2 District to
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 123
R-15 Residential. This is different from the applicant's request
in that the applicant wanted to expand the B-2 District northward
along the frontage of Carolina Beach Road an additional 237 feet.
The Planning Board felt the additional commercial frontage would be
inconsistent with the current policies for Growth and Development.
There was no public comment at the Planning Board meeting.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. Chris Stephens, representing Landmark Developers, Inc.,
commented on the need to downsize the amount of commercial and
business use with creation of more property for residential use on
this tract of land. He requested Mr. Dan Dawson to present a map
and discuss the rezoning request.
Mr. Dan Dawson, a local consulting engineer, presented a map
and requested the Commissioners to review the map while reviewing
the rezoning request. The rezoning request is outlined in red and
hopefully, the misunderstanding of the request at the Planning
Board meeting can be resolved. Landmark is requesting the rezoning
of 8.62 acres to R-15 Residential for development of single family
dwellings. 'The purpose of the request is to make the entrance
attractive for a residential area and provide a commercial node in
this area, which will provide the community with the location of
commercial services such as dry cleaning, groceries, etc. without
having to drive out on Highway 421. The purpose of the request is
to eliminate the 1-1 Zoning with creation of R-15 Residential
zoning with a portion of B-2 zoning at the front of the property.
In the information packet presented to the Commissioners, the
original rezoning of the property in 1971 was outlined showing 300
feet on the front of the property zoned B-2 with the remaining land
zoned R-15 as reflected on Page" 1. In 1984, Mr. George Talman
requested the rezoning of 7.65 acres to 1-1 (light industrial) as
indicated on Page 2. At the Planning Board meeting, the Planning
Staff thought the existing building was located further back on the
property, which was not correct; therefore, the Planning Board
thought this would be a non-conforming use in a Residential
District. The new rezoning lines were presented and shown. The R-
15 zoning requested will front a short section of Carolina Beach
Road which will be used for the entrance to the subdivision. This
land is currently zoned 1-1. The proposed rezoning request will
create more residential use and properly match the property lines
and uses compatible with the intended purpose for development of
single family dwellings. This rezoning is also compatible with the
Land Use Plan. The proposed road entrances have been approved by
the N. C. Department of Transportation and maps were presented on
exactly how the land should be zoned. The Commissioners were
requested to approve the rezoning petition as presented.
Vice-Chairman Mathews asked if the Planning Board was
concerned about the northern 2.2 acres of the property being zoned
B-2?
Planning Director Hayes reported the Planning Board did
.express concern for the 2.2 acres of B-2 zoning and recommended
z~ning of this property to a residential classification.
Mr. Dawson expressed concern for not complying to the Land Use
Plan which recommends the establishment of commercial nodes near
subdivisions to alleviate residents from having to travel on a
maj~~ highway, such as Highway 421.
cominissioner Sisson reported the definition of commercial
nodes in the Land Use Plan was not attached to intersections with
subdivisions but to major intersections with highways. Since the
late 1980' s there has been a question as to how far south the
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 124
commercial node' from the Monkey Junction intersection should
extend. The Planning Board was concerned about the location of the
commercial node and how far the B-2 zoning should extend south.
Chairman Greer closed the Public Hearing.
After discussion of the rezoning proposed, Chairman Greer
reported Landmark is requesting the Commissioners to rezone the
property as follows:
(1) the shaded area on Page 5 from B-2 to R-15.
(2) the shaded area on Page 6 from 1-1 to R-15.
(3) the shaded area on Page 7 from 1-1 to B-2.
(4) On Page 8, rezone the small piece in order to make the
building conform and square off on this small parcel of land.
(5) On Page 9, allow this property to remain zoned B-2.
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Planning Director Hayes reported the only difference in the
Planning Board's recommendation and the rezoning proposed by Mr.
Dawson is the northern part of the B-2 area as indicated on Map 4.
The Planning Board felt this should remain zoned R-15.
Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster
to rezone the property as outlined in the five steps presented by
Mr. Dawson. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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Voting Nay: Commissioner Sisson
commissioner Sisson reported this land should have been
submitted as a planned unit development in order to plan commercial
uses for a residential area. The zoning just approved has opened
up the area for any commercial uses. Also, with approval of this
additional B-2 zoning, .the Monkey Junction intersection has just
reached its limit for commercial expansion. It is hoped that the
Planning Board and County commissioners will keep this in mind when
being asked for additional commercial zoning.
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 ADOPTED-APRIL 7, 1971" is hereby incorporated as a part of
the minutes and is contained in zoning Book I, section 4, Page 38.
Copies of the maps and information packet presented by Mr. Dan
Dawson are attached to the Ordinance amending the Zoning Map.
PUBLIC HEARING TO CONSIDER A REQUEST BY ROBIN GORDON TO REZONE .16
OF AN ACRE AT THE SOUTHWEST CORNER OF CHARTER DRIVE AND EASTWOOD
ROAD TO B-2 BUSINESS FROM R-20 RESIDENTIAL - THE PLANNING BOARD
RECOMMENDED 0-1 OFFICE AND INSTITUTION (Z-SOl)
Chairman Greer opened the Public Hearing.
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Planning Director, Dexter Hayes, reported the Planning Board
felt the property was not particularly suited for residential use
based on nearby land uses and dissimilar zoning. The Planning
Board also noted the site fronted Eastwood Road just east'of the
point where the smith Creek Parkway would be connected to the road.
Feeling that the site had little residential appeal, the Planning
Board did not agree that B-2 z~ning would be appropriate. As an
alternative, .the Planning Board recommended 0-1 .Office and
Institution feeling that 0-1 zoning wOULd provide a better'
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 125
transition of the land uses and would be more compatible with the
residential uses in adjacent subdivisions.
The applicant at the Planning Board meeting agreed to modify
the petition and accept the recommendation of the Planning Board.
There was no public comment in opposition to the petition at the
Planning Board meeting.
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Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to the rezoning request.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to rezone .16 of an acre on the southeast corner of Eastwood Road
and Charter Drive to 0-1 Office and Institution as recommended by
the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1972" is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 9B, Page
77.
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PUBLIC HEARING TO CONSIDER A REQUEST BY JACQUELINE TOZOUR TO
ESTABLISH AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO TWELVE (12)
CHILDREN IN A PROPOSED RESIDENTIAL STRUCTURE AT THE CORNER OF
OYSTER DRIVE AND HUMPHREY DRIVE IN EMERALD FOREST OF WEND OVER NORTH
SUBDIVISION (S-360)
Chairman Greer opened the Public Hearing and announced the
Special Use process requires a quasi-judicial hearing; therefore,
any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Jacqueline Tozour
Planning Director, Dexter Hayes, presented the following staff
findings:
1. The proposed use will not materially endanger the public health
or safety if located where proposed and developed according to the
plan as submitted and approved based upon the following findings:
(a) The site is located at the corner of Oyster Drive and
Humphrey Drive in Emerald Forest at Wendover North. Access to
the site is via Humphrey Drive.
(b) The site is located in and served by the Ogden Volunteer
Fire Department.
(c) Adequate water and sewer services are available to serve
the use.
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(d) The applicant held a license to' operate a child day care
service for up to 12 children in her previous home without
record of complaint from neighbors.
2. The proposed
specifications of the
findings:
(a) The property is zoned R-15 Residential. Child day care
services are permitted by special use conferment in this
zoning district.
use meets all required conditions and
Zoning Ordinance based upon the following
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 126
(b) The lot where the residential structure is to be built
that will house the day care service is sufficiently large
enough to accommodate required vehicle parking and
circulation. This includes pick-ups and drop-offs without
backing into the street.
(c) A fence four (4) feet in height is required around the
perimeter of the outside play area. A fence of unknown height
is illustrated on the site plan for a portion of the rear
yard.
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3. The
adjoining
necessity
proposed will not substantially injure
or abutting property or that the use
based upon the following findings:
the
is
value of
a public
(a) No other registered or licensed day care facility is
located within the subdivision.
(b) Surrounding homes have yet to be built.
(c) The owner's previous home, which recently sold at an
appreciated value, was once the site of a child day care
service.
4. The proposed use will be in harmony with the area in which it
is to be located if developed according to the plan as submitted
and approved and will be in general conformity with the plan of
development for New Hanover County based upon the following
findings:
(a) The day care service will be housed in a single-family
dwelling that is planned to be built on the lot.
(b) The dwelling will be of similar architectural style as
other housing in the neighborhood.
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Chairman Greer asked the petitioner if she concurred with the
findings of fact as presented.
Ms. Jacqueline Tozour agreed with the findings of fact as
presented and requested approval of the Special Use Permit to
enlarge the day care center.
Chairman Greer closed the Public Hearing.
"
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit based upon the evidence
presented and the findings of fact satisfying the four general
requirements.. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP Book II,
Page 7.
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PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT BY TEA GROUP, INC.
TO CONSTRUCT A COMMUNICATIONS TOWER AND COMPANION EQUIPMENT
BUILDING ON THE WEST SIDE OF CAROLINA BEACH ROAD EAST OF LOBOS LANE
(S-361)
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to testify must be sworn in by the Clerk to the
Board.
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The following persons were sworn in:
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Director
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Dexter Hayes, Planning
Mark Kirstner .
Scott D. Maitenson
; , Jerry Eatman
0' . -- . "Graham Herring
Wes podsada
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 127
Anne Squire
John R. McAdams
Barbara W. Dinkins
Edward Nixon
Dollion Trottie, Jr.
Clyde Dinkins
Ural Minter
Melvin Dinkins
Vanness Brown
Anna Nixon
Planning Director, Dexter Hayes, reported the Planning Board
felt that construction of a 180 foot communications tower along
with an equipment building on this site would be injurious to
existing and planned residential uses in the area. As a result,
the Planning Board recommended denial of the request. If the
Commissioners approve the request, the Planning Board would
recommend placing a condition on the use that will require the
tower to be designed to withstand high wind levels.
Staff Planner, Sam Burgess, presented slides of the site.
Planning Director Hayes presented the proposed staff findings:
General Requirement #1: The Board of County Commissioners 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.
a. The site proposed for development has access to Carolina
Beach road via a deeded 15 foot access easement.
b. The area is served by the Myrtle Grove Volunteer Fire
Department.
c. There is no need to provide water and/or sewer service to
support the building because the building will be unmanned.
d. The facilities do not require the use of bulk storage of
hazardous, flammable or toxic substances..
.'
e. The site is outside of the Airport zoning height
regulations.
General Requirement #2: The Board of County Commissioners must
find that the use meets all required conditions and specifications
of the zoning Ordinance.
a. Communications towers are permitted by Special Use Permit
in the R-15 Residential District. This land is zoned R-15 and
complies with the minimum area requirements of this district.
b. communications towers and similar apparatus are generally
exempted from the County's height regulations.
c. The communications equipment building is to be situated on
the lot in a manner that would exceed the minimum setbacks of
the R-15 District.
d. A buffer consisting of two rows of wax myrtles will be
installed around the perimeter of the site. In addition, a
significant number of existing trees will be preserved.
e. No off-street parking is required, however, the applicant
proposes a small parking area for repair personnel to service
the equipment building and tower as necessary.
General Requirement #3: The Board of County Commissioners must
find that the use will not substantially injure the value of
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 128
adjoining or abutting property or that the use is a public
necessity.
a. The state of North Carolina utilities commission has
certified that cellular mobile radio telephone service is a
public necessity, primarily because of its use by public
emergency service agencies.
b. Land in the general area is sparsely developed.
c. Lobos Lane, a private dirt road, abuts the property's
western boundary. This road is also used by large tandem dump
trucks for access to a nearby road construction storage yard
and borrow pit. Heavy use of the road results in high levels
of truck noises and unusual amounts of dust.
General Requirement #4: The Board of County Commissioners 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.
a. There is no definable development pattern for this area.
Most of the residential land in the area is undeveloped with
the exception of a few older wood frame houses. "Other
residential land in the area is used for non-residential
purposes. Land to the north is zoned primarily B-2 Business
with scattered new commercial uses.
Planning Director Hayes requested the Commissioners to place
the following condition on the Special Use Permit if granted:
The tower should be designed to withstand high wind levels.
Chairman Greer inquired as to whether anyone present would
like to speak.
Mr. Jerry Eatman, an attorney in Raleigh serving as the North
Carolina General Counsel for the Sprint Cellular Company, reported
the Special Use Permit was a petition filed by TEA Group
Incorporated, an independent contracting group employed by
Telespectrum Inc. and Sprint Cellular to local cellular
transmission towers. If approved, this particular tower would be
part of the Sprint Cellular network. He stated a number of
witnesses are present to comment on compliance to the four general
findings; however, before calling on these individuals, he would
like for Ms. Anne Squire, the General Manager for Sprint Cellular
in this area, to provide brief background information on the need
for this particular site.
Ms. Anne Squire reported installation of this tower will
address the following concerns:
(1) The Quality of Service Provided to the Customers in the
Southern Part of New Hanover County: Due to growth in the
southern end of the County, Sprint .Cellular has not been able
to provide the quality of service that is desired for these
customers. This means that if an individual has a cellular
phone and is trying to place a call, the call may not be
completed because of the system being at its capacity.
(2) The Quality of coverage Provided to Cu'stomers 'in the
Southern Part of the New Hanover County: Due to not having a
tower in the southern end of the county, particularly the
Masonboro area, the quality of coverage can~ot be" provided.
This means that customers with small portable cellular phones
instead of the old larger phones may not have coverage during
a time of emergency. Due to these safety concerns, Sprint
Cellular feels a tower should be installed in"this area. '
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 129
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Attorney Eatman reported Ms. squire did not mention that
Sprint Cellular is one of two carriers licensed to provide cellular
service in this market. The need for anew tower is determined
upon the demand for service in New Hanover County. One of the
requirements for maintaining a license is the 90/90 rule. The FCC
requires that Sprint Cellular provide 90% of its customers in a
market area with quality service 90% of the time. This particular
site is necessary for Sprint Cellular to continue to achieve the
requirements necessary to maintain its FCC license.
Attorney Eatman requested Mr. Wes Podsada, the engineer for
Sprint Cellular in the North Carolina region, to present findings
on the petitioner's position which will satisfy General Requirement
#1 by showing 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.
Mr. Wes Podsada, the engineer for Sprint Cellular North
Carolina, reported the site for location of a communications tower
is selected by receiving input from the General Manager. Once the
site is located, consultations are held with the radio frequency
engineer who takes the information provided by the General Manager
and verifies it through scatter plots with placement of the
location on the grid. The grid then identifies the location as to
where the site needs to be placed. The proposed site is no larger
than a quarter of a mile in variance, and the ideal location would
have been further south in a large residential district; however,
in this particular case, Sprint Cellular tried to avoid placement
of the proposed tower in the residential area and moved toward the
commercial district. As to EMF (electromagnetic fields) a study
was performed by Lawrence Behr Associates, Inc., which answers any
questions as to radio frequency environmental concerns.
e
Mr. podsada presented a copy of the study entitled, "Radio
Frequency Environment Study for the Proposed Durham Cellular site
for sprint Cellular North Carolina" which was marked Exhibit B as
submitted by the petitioner. A copy of the report is on file in
the office of the Clerk to the Board.
Vice-Chairman Mathews inquired as to what distance from the
proposed site should the tower be located to provide the quality
and of service and coverage desired?
Mr. podsada reported the tower cannot be placed further north
and no further than one-eighth of a mile south to provide the
quality of service and coverage needed without going into a large
residential area.
Commissioner Sisson commented on the environmental study and
expressed concern for not having time to completely review the
study before making a decision on this matter.
Mr. podsada reported the study is very in-depth, and the major
concerns with EMF come with installation of high power low
frequency wires such as high tension wires. The study proves
concisely that high frequency low power transmitters do not pose a
health or safety problem.
e
Commissioner Caster inquired as to the transmittal frequency?
Mr. Podsada reported the transmitting frequency would be 880-
894 mhz.
commissioner Sisson commented on studies not having screening
standards to determine sensitive populations and recommended
reviewing more than one study to determine if there is controversy
in the field about the findings of a particular study performed on
a particulqr item.
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PAGE 130
Mr. Podsada stated the Lawrence Behr Associates, Inc. study
references many other studies.
commissioner sisson explained he was not being critical of the
study presented, but in the scientific community one authority will
claim that an issue is true and then a number of other authorities
will state otherwise. He, again, stated he was sure this was a
valid study, but without reading the document, he would have a
difficult time accepting a study at face value.
Attorney Eatman requested time to ask Mr. podsada the
following questions to better explain the issue and study:
o
(1) ,How many transmitters will be on the tower? Mr. podsada
responded two transmitters.
(2) How many channels will be on the tower and what is the
maximum output of the channels? Mr. podsada responded 18
channels with each channel having a capacity of 100 watts
which is 1,800 watts assuming every channel is operating at
capacity at one time at 180 feet above the ground.
Attorney Eatman reported unfortunately for the cellular
industry there is a tremendous amount of discussion about EMF with
respect to high power low frequency, which are high tension power
lines. .He requested the record to reflect that currently there is
no evidence that the emissions from a cellular base station pose
any threat whatsoever to human health and safety.
'Attorney Eatman requested Mr. John R. McAdams, the chief
engineer of a planning and surveying firm in the Research Triangle
Park, to describe the site with findings presented that will
satisfy General Requirements #3 and #4 relative to the proposed use
meeting all required conditions and specifications as well as being
in harmony with the area.
o
Vice-Chairman Mathews asked if there are any buildings within
180 feet from the base of the tower and if the tower will be strong
enough to sustain high winds?
Mr. John McAdams reported at the present time there are no
buildings in the 180 foot area; however, because of vacant land,
there could be buildings in the future.
, Attorney .Eatman reported, for the record, the 180 foot tower
will be constructed as a self-supporting tower with three legs .and
is designed to withstand extremely adverse conditions; however, no
one can ever say that a tower will not fall. If the tower should
fall, it is designed to fall in, a shearing fashion because of
stress points located at various points on the tower. For a '180
foot tower, a 100 foot radius is the engineered area of safety.
commissioner sisson inquired as to the wind load factor on the
tower?
Attorney Eatman reported 110 miles per hour.
Vice-Chairman Mathews inquired as whether lights will be
placed on the site?
Mr. McAdams reported there will be no lighting on the site
because the tower is below the FAA requirements.
o
Mr. McAdams reported the proposed use will be in harmony with
the area and presented an aerial photograph that identified the
proposed site in correlation with the Monkey Junction inte~section,
the various B-2 zoned areas, :and R-15 residential dfstricts. The
si te is located' in an urban transition zone as defined' iTr'the New
"
Hanover county"Land Use Plan. The site will not 'generate' traffic
and is probably the best use of the land for avoiding additional
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 131
traffic on Highway 421. Even though the site is in an urban
transition area with other non-residential uses, the proposed use
will be in-harmony with the area and plan of development for New
Hanover County. The site is wooded with a number of large pine
trees which will provide an excellent screen for the tower. No
trees will be removed and the access to the tower will not come off
of Lobos Lane in order to be as unobstructive as possible. The
proposed development will include a fenced in area with a self-
supporting tower and a small equipment building. No guidewires
will be used. All setbacks of the Zoning Ordinance have been met.
Because of the character of the site with no removal of the trees
and an access road off of the site, it is felt the proposed use
will not have a negative impact on the surrounding properties.
Attorney Eatman reported with respect to the use not
substantially injuring the value of adjoining or abutting property
or that the use is a public necessity, he feels that evidence has
been submitted to satisfy General Requirement #3. A copy of a
"certificate of Public Convenience and Necessity" as issued by the
state of North Carolina utilities commission to Telespectrum, Inc.
was presented to the Clerk to the Board and marked as the
petitioner's Exhibit A. This certificate fulfills the requirement
of public necessity.
Attorney Eatman commented on the concern of many people about
the negative impact of cellular communications towers on adjoining
properties and introduced Mr. Graham Herring, a expert in the real
estate industry, to comment on p~operty values.
Mr. Graham Herring, a licensed real estate broker for the
state of North Carolina with 25 years .of experience for site
acquisition, residential and commercial development, reported after
visiting the site and the general area with both conforming and
non-conforming uses, he feels the proposed use will not have an
adverse impact on surrounding properties from the standpoint of
property value. The proposed use will conform and be harmonious to
the development of this transition area. After reviewing the study
prepared by F. Bruce Sauter & Associates entitled, "Cellular Phone
Tower Impact Study", the petitioner's Exhibit D, he concurs with
the findings and feels there should be no negative impact on
surrounding property values.
Attorney Eatman reported this concludes the presentation and
based on the evidence presented, it is the position of the
petitioner that the four general requirements have been
satisfactorily met for granting the Special Use Permit.
Chairman Greer asked what would have happened if the site had
been located in a large residential area?
Attorney Eatman reported there would be no choice but to
request the tower in the residential area.
commissioner Caster inquired as to the transmission radius of
the tower?
Mr. Podsada reported the 180 foot tower would cover a two mile
radius.
Chairman Greer asked if space will be rented out on the tower?
Ms. Podsada reported space will be rented if the situation
presents itself.
Attorney Eatman reported the policy of Sprint Cellular is to
eliminate tower proliferation whenever possible. From a revenue
generation standpoint, the answer to the Chairman's question would
be no; however" if renting space will prevent the construction of
another tower" the 'company will consider renting the space~'
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 132
commissioner Caster commented on the 600 foot,tower to be
constructed by New Hanover County and asked if Sprint Cellular
could tie on to that tower?
Mr. Podsada reported from a frequency standpoint of view,
higher is not always better. The 180 foot tower is more desirable
in this area.
Chairman Greer asked if other persons would like to comment.
The following remarks were received:
o
Mr. Edward Nixon, owner of Parcel 8, expressed concern for the
tower withstanding hurricane winds and the lack of lighting around
the site. In his opinion, two houses would be destroyed if the
tower fell during a storm. At the Planning Board meeting, Sprint
Cellular indicated the tower could be moved further back'toward the
River Road, but the company was not willing to pay for an access
road. There was no mention of the location being limited to one-
eighth of a mile. He stated Lobos Road is a private road and that
placement of a tower in his front yard is not fair to him or any of
the residents living on this road. The Commissioners were urged to
deny the request for construction of the communications tower which
will devalue all surrounding properties.
Ms. Barbara Dinkins, a health care professional, expressed
concern for the EMF study and reported she works with people who
have radiation implants and is familiar with health problems
relative to radiation. She reported on placing a call to the
Federal Communications commission relative to the radiation
problems that could be experienc~d by the adjoining property owners
if the tower is placed on Lobos Lane, but as of this date, she has
not heard from them. In her opinion, the placement of a 180 foot
tower is not good for the public health and certainly will not
enhance the ,neighborhood. Surrounding property values will
decrease and if the tower should fall, homes will be destroyed.
She urged the Commissioners to deny the request.
o
Ms. Vanness Brown expressed concern for her parents, who live
on Lobos Lane, having to sit on their front porch and look at the
tower daily. She reported on plans to construct a home next to her
parents and stated, in her opinion, the tower will devalue her
property. Even though this is not a large community, a tower of
this type should not be placed in this neighborhood. Concern was
expressed for the tower falling and the need to further study the
health hazards before allowing Sprint Cellular to place this tower
on the proposed site.
Mr. Melvin Dinkins, a resident directly behind the tower,
stated the tower will be less than 200 feet from his home, and he
does not, want this tower located on the proposed site. He urged
the Commissioners to deny the Special Use Permit.
Mr. Ural Minter, reported the tower will be less than 150 feet
from his home and expressed concern for a tower being constructed
in this area. He urged the Commissioners to deny this request.
Mr. Dollion Trottie, Jr. commented on the importance of this
property to his family and urged the Commissioners to deny the
Special Use Permit because the location of the proposed tower on
this site will devalue surrounding properties.
o
Mr. Clyde Dinkins requested the Commissioners to remember that
LobosRoad is a private road and stated the tower should not be
placed on the proposed site. where homes could be destroyed if the
tower should fall.
Chairman Greer closed the Public Hearing.
,
- .
Chairman Greer asked if the public use necessity iss?e would
override the injury to adjoining properties?
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Assistant Attorney, Kemp Burpeau reported if the use is
determined to be a public necessity, it would override the injury
to adjoining properties; however, findings must conclude that the
proposed use will be in harmony with the area in which it is to be
located.
Chairman Greer asked who would determine if this is a public
necessity?
Assistant County Attorney Burpeau reported it would be up to
the Board of County Commissioners.
commission sisson commented on the resources available to a
company of this size and reported an alternative site should be
found. A 180 foot tower would not be pleasing to any residents and
in terms of selling property, placement of this tower on the site
would make a difference.
Commissioner Caster stated he would not want a 180 foot tower
in his neighborhood. It is not fair to the property owners living
on Lobos Road to allow construction of a tower in their
neighborhood. In his opinion, the tower should be constructed on
another site.
Motion: After further discussion, commissioner sisson MOVED,
SECONDED by Commissioner Caster to deny the Special Use Permit
based upon the evidence presented not satisfying General
Requirements #2 and #4 which did not guarantee that the value of
adjoining properties would be protected, or that the construction
of a tower on the proposed site would be in harmony with the area.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an Order Denying the Special Use Permit is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 7.
BREAK
Chairman Greer called a break from 10:00 P.M. until 10:10 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY SARAH PERRY TO ESTABLISH A
SMALL CONVENIENCE FOOD STORE ON THE WESTS IDE OF MYRTLE GROVE ROAD,
480 FEET SOUTH OF PINER ROAD (S-362)
Chairman Greer opened the Public Hearing and announced the
special use process is a quasi-judicial hearing; therefore, any
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes, New Hanover County Planning Director
Claude Ellison
Barbara Ellison
Planning Director Hayes reported the Planning Board recommends
approval of the request for the location of a convenience food
store on Myrtle Grove Road with the following conditions: (1) move
the existing structure 15 feet further back from the road right-of-
way to improve entering and exiting the site; and (2) the use shall
cease and desist upon the death of the current owner, Sarah Perry.
The following findings of facts were presented:
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 small building (20' x 40') has been erected on the
It will b~ served by. an individual well and County
(a)
site.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 134
(b) The property has direct access to Myrtle Grove Road.
(c) The property is' located within the Myrtle Grove Volunteer
Fire Department.
(d) Setbacks are such that traffic hazards could be created
for vehicles exiting the site by backing onto Myrtle Grove
Road.
2. The proposed use meets all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
o
(a) Convenience food stores are permitted by Special Use
Permit in the R-15 District. The property is zoned R-15.
(b) The total area of land devoted to the use cannot exceed
one acre. The applicant intends to use about 14,000 square
feet of a 1.3 acre tract of land.
(c) The proposed use is not within the interior of a
subdivision.
(d) Retail activity will be limited to the sale of
convenience foods, beer, wine, cigarettes, canned goods and
related goods. There will be no gasoline sales.
(e) Four off-street parking spaces are provided.
(f) No signage is displayed on the site plan.
3. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based upon the following findings:
the value of
is a public
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(a) There is a variety of housing in the area, including
mobile homes and single-family structures.
(b) The size and scale of
the actual benefit it
neighborhood.
the facility casts some doubt as to
will have for the surrounding
4. The proposed use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
is to be - located and in general conformity with the' plan of
development, for New Hanover County based upon the following
findings:
(a) The building proposed to house this operation is very
small in comparison to nearby residential uses.
(b) Historically, similar type uses have been located nearby
though most have been the victim of obsolescence.
(c) A major retail and commercial center has been developed
just west of this location at Monkey Junction..
Chairman Greer inquired as to whether anyone from 'the general
public would like to comment.
o
Mr. Claude Ellison, the son-in-law of Ms. Sarah Perry,
reported Ms. Perry is ill and cannot attend; however, she would
like to open a store on this property since she has operated a
store for the past 25 years.
, ,
_ _. Commissioner Barone expressed concern for the costs involved
with moving the building and inquired as to why the Planning Board
suggested granting the Special Use Permit with the conditions that
the building should be moved 15 feet further back and tha~ the use
would expire upon the death of the current owner?
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 135
Planning Director Hayes reported the existing structure is
prefabricated and can be easily moved. Moving the building further
back will greatly improve entering and exiting the site. As to the
use expiring with the death of the owner, the Planning Board was
concerned about the location of a new commercial use in this
residential area; therefore, in order to ensure the use did not
expand, this condition was recommended.
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Commissioner sisson inquired as to how many convenience stores
are located in this area?
Planning Director Hayes reported only one to the south of this
site, but there are numerous retail activities at the Monkey
Junction area.
staff Planner, Sam Burgess, presented slides of the site.
Mr. Ellison reported the slides did not reflect the location
of the house on the road. In his opinion, there is adequate land
for five parking spaces and enough room for the cars to go around
the building. He expressed concern for costs involved with moving
the building and requested this condition be removed from the
Special Use Permit, if possible. A signed petition with signatures
of 200 people in the area who are not opposed to the operation of
a convenience store on this site was presented.
Chairman Greer asked Mr. Ellison if he agreed with the
findings of fact as presented by the Planning Director.
Mr. Ellison concurred with the findings with the exception of
the building have to be moved back 15 feet.
e
Chairman Greer inquired as to whether anyone is opposed to the
use of this site.
Mr. Ellison reported he does not know of anyone in opposition
to the request.
Chairman Greer inquired as to what will happen to the building
if Ms. Perry moves?
Mr. Ellison reported the building will be demolished.
commissioner Sisson expressed concern for the five parking
spaces around the building and stated he does not see an exit to
the site. with traffic on Myrtle Grove Road at 45 to 55 miles per
hour, it would be dangerous for vehicles to back out on this road.
Mr. Ellison reported there is no reason for anyone to back out
on the road with the amount of land available.
Mrs. Barbara Ellison, Sarah Perry's daughter, reported when
the original plans were drawn, the plot was set up for five parking
spaces for the square footage of the building.
e
commissioner Sisson reported if Ms. Perry decided to lease the
business, there would be no way to require the new owner to keep
the circulation pattern. He asked the Planning Director how this
traffic pattern can be handled?
Planning Director Hayes reported the Commissioners can issue
the Special Use Permit with the condition that a circular drive be
installed along the perimeter and loop around and behind the store.
The Planning Staff can work out the logistics.
commissioner Sisson stressed the importance of the driveway
~qt being blocked.
Planning Director Hayes stated this is why the Planning Board
. . I
felt the building should be moved 15 feet further back.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 136
Ms. Ellison commented on this being a low traffic store and
stated many people in the neighborhood will walk and ride bicycles
to the store. In her opinion, there will never be many cars parked
on the site.
commissioner Sisson, again reiterated the importance of having
a proper exit to the site.
c
Motion: commissioner Barone MOVED to approve the Special Use
Permit without requiring the building to be moved back 15 feet
based upon the evidence presented satisfying the four general
requirements contingent upon the condition that the use shall cease
and desist upon the death of the current owner, Sarah Perry. The
floor was opened for discussion.
commissioner Caster recommended amending the motion to require
an approved plan for a circular drive.
Amended Motion: commissioner Barone AMENDED THE MOTION, SECONDED
by Commissioner Caster to grant the Special Use Permit based upon
the four general requirements . being met contingent upon the
following conditions: (1) the use shall cease and desist upon the
death of Sarah Perry; and (2) a circular drive shall be installed
along the perimeter. The drive must loop around and behind the
store. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated. as a
part of the minutes and is contained in SUP Book II, Page 7.
PUBLIC HEARING TO CONSIDER A REQUEST BY CARLENE AND DON MCKEITHAN
TO MODIFY A SPECIAL USE PERMIT TO EXPAND AN EXISTING CHILD DAY CARE
FACILITY AT 6620 WINDMILL WAY IN DUTCH SQUARE SUBDIVISION (8-303,
10/89, REVISED 5/94)
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to testify must be sworn in by the Clerk to the
Board.
'.
The following persons were sworn in:
Dexter Hayes, New Hanover County Planning Director
Carlene McKeithan, the petitioner
Planning Director Hayes reported the applicant seeks to expand
an existing child day care facility at 6620 Windmill Way in Dutch
Square Industrial Park. A Special Use Permit for a portion of the
existing operation was granted in October 1989. That permit
allowed for the construction of a 2,400 square foot facility
serving.58 children.
The facility was enlarged in 1991 adding 1,500 square feet and
increasing the enrollment to 85 children. Due to an oversight, the
permit to allow this expansion was granted in the absence of an
amendment to the original Special Use Permit. The owners- were
notified of this oversight and were directed to request a Special
Use Permit revision for the expansion. For reasons unknown, the
request was never made.
~he applicant now desires to expand the current operation.
Specifically, expansion plans call for the construction of a new,
free-standing 3,000 square foot building that will add up to 50
additional children to the center's enrollment. If the
Commissioners approve the latest expansion, it would encompass the
previous revisions for the expa~sion that occurred in 1991..
The following findings of fact were presented:
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:
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 137
(a) The center will be served by County sewer and a private
water system.
(b) The site has direct access to Windmill Way and Old Dairy
Road. Both of these roads have been constructed to minimum N.
C. . Department of Transportation standards. Old Dairy Road is
state maintained. Windmill Way is not on the state system,
but is anticipated to be in the near future.
(c) The site is located within the Ogden Volunteer Fire
Department District.
(d) The applicant has been issued a license by the state Day
Care. Licensing Board to operate the existing facility.
Application has also been made for a license to operate in the
proposed building.
(e) Industrial uses located nearby should not impact the
children's welfare.
2. The proposed
specifications of the
findings:
use meets all required conditions and
Zoning Ordinance based upon the following
(a) Child day care is permitted by Special Use Permit in the
1-2 Industrial District. The site is zoned 1-2.
(b) A sufficient number of off-street parking spaces are
illustrated on the site plan.
(c) Fenced play areas are provided.
(d) Access to the site is provided so that deliveries and
pick-ups can be made without backing into the main road.
(e) Identification signage
with Ordinance requirements.
plan.
on the site currently complies
No new signage is shown on the
(f) The size of the facility- is adequate to accommodate the
.135 children.
3. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based upon the following findings:
the value of
is a public
(a) The existing center has been in operation for several
years. Since that time, nearby lots have been sold and
subsequently developed. No information has been provided by
property owners that the center has undermined property values
in the area.
4. The proposed use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
(a) The area is zoned 1-2 and 1-1. Nearby properties are
developed with uses generally compatible with the center.
These uses include: commercial services, light manufacturing,
offioes, distribution facilities, and related activities.
Chairman Greer asked Ms. McKeithan if she agreed with the
findings of fact as presented?
Ms. Carlene McKeithan concurred with the findings of fact as
presented. She reported she was not aware she should have appeared
before the commissioners for the first addition; however, she would
like to expand the facility to take care of more children.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 138
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to approve the modification of the Special Use Permit for expanding
the existing child day care facility located at 6620 Windmill Way
in Dutch Square Industrial Park based upon the evidence presented
and findings of facts satisfying the four general requirements.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit Modification is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 7.
Vice-Chairman Mathews complimented the Planning Director and
staff for the excellent vicinity maps that were presented with the
agenda packet.
DISCUSSION OF PROCEDURE TO BE USED FOR SWEARING IN THE PLANNING
DIRECTOR WHEN HOLDING PUBLIC HEARINGS
County Attorney Copley reported when Public Hearings are held
for the issuance of Special Use Permits, the Planning Director will
be sworn in one time for all the proceedings.
The Board concurred with this procedure in future public
hearings.
APPOINTMENT OF COMMISSIONER CASTER AND DEPUTY COUNTY MANAGER ANDREW
J. ATKINSON TO SERVE ON THE NEW HANOVER .COUNTY PARTNERSHIP FOR
CHILDREN AND APPOINTMENT OF COMMISSIONER SISSON AS AN.ALTERNATE
MEMBER
Dr. Mark Lanier, Chairman of the Partnership for Children,
reported the North Carolina Partnership for Children, Inc., a
private, non-prOfit organization, was founded in early 1993 to
create and implement a comprehensive, outcome-focused plan. to
enrich the lives of children through high-quality ,early childhood
education, health care, and related services by bringing together
families, communi ties, churches, businesses, non-prof it
organizations, foundations, and the state and local governments to
pursue innovative strategies that make better use of existing
resources and build on the experiences and expertise of communities
and existing institutions. This Committee is an active participant
in the statewide initiative known as Smart Start.
The enabling legislation for the New Hanover County
Partnership for Children requests that each local partnership must
appoint one County commissioner and the County Manager and/or an
Assistant County Manager to serve on the local board. The Board of
Directors will be composed of a diverse membership of individuals
and agencies throughout the county.
The Commissioners were requested to appoint one .County.
commissioner and the county Manager and/or an Assistant county
Manager to serve on the New Hanover County Partnership for Children
Board of Directors.
Chairman Greer reported a majority of the members of the Board
of County commissioners did not support the Smart Start Program.
He expressed concern for the Commissioners now being asked to
appoint one county commissioner and the County Manager to serve on
this group which is an active participant in the Smart Start
Program.
. Dr.. Lanier reported this concern should be addressed at the
local level. The County's needs will be assessed by the
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 139
Partnership for Children Board of Directors and a local plan will
be.developed to address the local needs of the children living in
New Hanover county.
commissioner Caster inquired as to the link with Smart Start?
e
Dr. Lanier reported $15,000 will be used from the Smart Start
Program for the needs assessment in New Hanover County. The New
Hanover county Partnership for Children will not receive any
additional funds through the Smart Start Program from the State
until there is another application for funds. The Smart Start
Program is designed for the development of a local plan that is
agreed upo~ in the local community.
. Commissioner Barone inquired as to how the New Hanover County
partnership for Children acquired the $15,000?
Dr. Lanier reported the needs assessm~nt money is available to
any county or partnership that desires to assess the needs of
children through surveys and the collection of data.
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commissioner Barone reported N. C. Representative Thomas
Wright recently announced in the local newspaper that he would by-
pass the Boards of County Commissioners if the local partnership
boards do not agree with the programs he feels should be
implemented. She stated she is not against Smart start, but she is
against the County having to fund these new programs if in three
years no State funds are available. The County is not in the
financial position to fund new programs with the continued growth
in federal and state mandates as well as the many agencies already
being funded by New Hanover County. She, again, reiterated that
she and the other Board members are not against long-term plans for
children, but if the State opts out of this funding in the next two
to three years, the Commissioners will be expected to fund these
programs.
Commissioner Sisson emphasized the importance of performing a
needs assessment for children living in New Hanover County since no
study has ever been performed. The Commissioners supported the
Children's Initiative recognizing that if agencies work together,
they can eliminate duplication of services and at the same time
provide more cost effective programs and services. without
performing an assessment of needs for the children living in the
County, the various agencies will continue to request funds for the
different programs.
Chairman Greer reported a needs assessment study is needed;
however, he does not want to mislead the local Partnership for
Children by participating in the process.
Dr. Lanier reported participation by the Board of County
Commissioners would not be viewed as a commitment to apply for
Smart Start. In order to proceed with performing the needs
assessment, which will avoid duplication of services and the
creation of additional unfunded mandates, the County's
participation is needed in designing an approach to the needs of
children and families living in New Hanover County.
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Discussion was held on development of an alternative plan by
the Board of County Commissioners. Vice-Chairman Mathews reported
when the Commissioners did not vote to participate in Smart Start,
the Board at that time decided that an alternative plan should be
developed. Possibly, the information gathered by this group would
be beneficial in developing a local plan. '
Dr. Lanier reported the New Hanover County Partnership for
Children is the most broadly based group in the entire state
because it represents approximately 85 agencies and organizations.
....oil
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
PAGE 140
commissioner Caster reported, in his opinion, the
Commissioners should participate in the assessments study because
the County should be involved in the design of a plan for New
Hanover County. The lack of information provided to the
commissioners was a problem when the Board considered participating
in Smart Start; therefore, if the plan is going to be developed,
the County should participate.
Chairman Greer asked, if any Commissioner would like
volunteer to serve on the New Hanover County Partnership
Children Board of Directors?
to
for
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Commissioner Caster volunteered to serve.
commissioner Sisson reported if no one had volunteered to
serve he would have served; however, he will be glad to serve as an
alternate if for any reason, Commissioner Caster cannot attend a
meeting. He feels the needs assessments study should be performed
and as a member of the Southeastern Center Board he will be aware
of the progress being made by'this group.
County Manager O'Neal requested that the Deputy County Manager
be appointed to serve on the Partnership for Children Board of
Directors.
Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
appoint Commissioner Caster as a, member of the New Hanover
Partnership for Children Board of Directors; designate Commissioner
Sisson as an alternate member; and appoint Deputy County Manager,
Andrew J. Atkinson, to serve on the this board. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
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voting Nay: Commissioner Barone
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 10:55 P.M. to
hold a meeting of the Water &'Sewer District.
Chairman Greer reconvened to Regular Session at 11:55 P.M.
ADDITIONAL ITEMS
DISCUSSION OF ENTERPRISE COMMUNITY PROPOSAL
County Manager O'Neal reported the city of Wilmington has
requested adoption of a resolution in support of the Enterprise
Community Economic Zone Designation Application for the City of
Wilmington, which is an essential element of the process to show a
local commitment. The city has requested the County to commit to
funding in the amount of $250,000, not in actual cash, but in a
fund balance reserve designated for this project. Emphasis was
placed on the fact that reserve funds will serve as collateral to
leverage private money for high risk business loans. Approximately
25% of the loans default, which means if the County commits to
$250,000 of funding participation, the county could anticipate
expending approximately $62,500. In the information received
earlier, the City indicated that County funds would probably not be
used; however, after further inquiry there is a possibility that
these funds will be tapped during the three-year period:-
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This plan was approved by the U. S. congress in the last
budget session for the establishment of Enterprise Zones for low to
moderate income persons. A map was presented showing where the
Enterprise Zones would be located, and no zones would be located
outside the city of Wilmington.
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MINUTES OF REGULAR MEETING, JUNE 6, 1994
P~GE 141
commissioner Caster asked what are the anticipated funds?
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County Manager O'Neal reported the anticipated funds would be
$250,000 from the County not necessarily to be used, but with the
risk for default at 25%, there is a good chance that funds will
have to be expended during the three-year period. He explained
that funds are already allocated through various human service
agencies throughout the community and the Enterprise Zone program
will encompass services from these agencies.
Commissioner Caster expressed concern for not having time to
fully understand this matter and stated it is not fair to the
taxpayers to approve a request without more information.
Motion: Commissioner Barone MOVED not to support adoption of this
resolution since there is a possibility that the reserve funds will
be used. The motion was SECONDED by Chairman Greer. The floor was
opened for discussion.
commissioner caster, again, expressed concern for committing
dollars without knowing what the program is about and how the
Enterprise Zones will function.
commissioner Sisson reported the City has been working on this
project for the past several months; however, no information was
provided to the Commissioners in time to thoroughly understand the
plan.
County Manager O'Neal suggested adopting a resolution in
support of the program without the economic commitment from the
County.
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Motion withdrawn: commissioner Barone withdrew her motion.
Chairman Greer withdrew the second to the motion.
Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to
adopt a resolution of support for the Enterprise Community proposal
with no funding commitment by New Hanover county because of the
many services already provided by the County, which is a
substantial contribution to the program. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 12.
Discussion was held on the need to receive joint city/county
proposals with proper background information and ample time for the
Commissioners to review and understand the proposal before making
a decision.
County Manager O'Neal reported, for the record, the Assistant
to the city Manager, Mike Hargett, was planning to attend the
meeting, but due to the length of the agenda, he told Mr. Hargett
it would not be necessary for him to attend.
--
Consensus: After further discussion, it was the consensus of the
Board for the Chairman or county Manager to write a letter to the
City requesting that joint proposals be forwarded to the
Commissioners in advance of meetings with sufficient information
and thqt a representative be present to answer questions.
Chairman Authorized to write a Letter to the U. S. Congressional
Delegation Relative to Flow Control
Chairman Greer reported, if agreeable with the Board, a letter
will be forwarded to the U. S. congressional Delegation in
washington, D. c., to encourage passage of legislation pertaining
to flow control.
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~~~U~~~ OF REGULAR MEETI~~, JU~~!, 199~
PA.~E .1~>
Consensus: It was the consensus of the Board for the Chairman to
write the U. S. Congressional Delegation for support of flow
control legislation.
DISCUSSION ON HYDRANTS NOT BEING INSTALLED IN SUBDIVISIONS
Commissioner sisson reported fire hydrants are not being
installed in subdivisions as required by the Zoning Ordinance.
This is creating a problem for the Volunteer Fire Departments when
responding to calls with a map indicating a hydrant should be in a
certain place, and when arriving there is no hydrant. He requested
the Commissioners to address this matter as quickly as possible by
requesting staff to prepare a policy to be incorporated into the
Zoning Ordinance which will clearly define the requirements for
placement of fire hydrants in Subdivisions and the enforcement
procedures. Hopefully, this policy can be in place before the end
of summer.
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DISCUSSION OF CANCELLATION NOTICE GIVEN TO TENANTS OF SHERWOOD
VILLAGE APARTMENTS
Commissioner sisson reported the Southeastern Center is in the
process of reviewing all contracts with outside agencies. One of
the contracts reviewed was with Sherwood Village Apartments for the
provision of subsidized housing through HUD funds to provide living
quarters for certain mentally ill people who are capable of
independent living. In reviewing the contract, it was found the
individual operating Sherwood Village Apartments is currently
charging $450 per month for an efficiency apartment. In the same
area of the city, a one bedroom apartment (which is a larger) rents
for $375 per month, and a two bedroom apartment rents for $410 per
month. The Southeastern Center Board authorized staff, to negotiate
with this individual and he refused to negotiate the price;,
therefore, there was no choice but to terminate the contract with
Sl1erwood Village Apartments as of the end of the fiscal year. When
this individual received the 3D-day cancellation notice, he
complained about this procedure being in violation of the Fair
Housing regulations, which appears to be a misunderstanding on his
part. The HUD money will be used to provide other housing for
these people, and five staff members of the Southeastern",Center,
have been assigned to assist the people in relocating. It appears
that this individual has used the HUD subsidy to pay for the cost
of the apartments and make a profit.
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DISCUSSION FIRE DISTRICT TAX RATE
Commissioner Sisson reported currently there is one fire tax
rate for all persons living in the Fire District. This tax rate
does not reflect the burden placed on firefighters when responding
to various ,types of fires or different types of buildings which
often requires certain types of equipment and firefighting
capabilities. with the recent revision of building inspection fees
according to square footage, the County should consider adjusting
the Fire District tax for the type of building rather than on a
sguare footage basis in,order to differentiate between resid~ntial
and industrial/commercial structures. Hopefully, the Commissioners
can review alternatives to a flat fire tax rate.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:25 A.M.
~es e~tfully ,~~mitted,
if~
L ie F. Harrell
Clerk to the Board
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