1994-08-08 Regular Meeting
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.MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 208
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 8, 1994, at 6:30 P.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North carolina.E
Members present were: Commissioners Sandra Barone; William A.
Caster; 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 TO THE FLAG
Clerk to the Board, Lucie F. Harrell,-gave the invocation.
commissioner Barone 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.
The following items were presented:
Concern for Problems Being Experienced with Juveniles in Kings
Grant Subdivision
Mr. James Smith, a resident of the Kings Grant Subdivision,
expressed concern for harassment by teenagers ringing doorbells and
leaving once the door is opened. Not only do they use obscene
language, but on one occasion, water was sprayed in his face. The
Commissioners were requested to appropriate the necessary funds to
hire more deputies to increase the patrol of this community and to
impose a curfew in the Kings Grant Subdivision if this problem is
not resolved.
Vice-Chairman Mathews commented on discussing this matter with
Mr. Smith and reported he had contacted Sheriff McQueen about the
problem. He was informed by the Sheriff that future plans are
being made to provide more coverage for the unincorporated areas of
the County.
Mr. smith compli~ented the Sheriff's Department for the manner
in which they had responded to his calls and stated he was pleased
with the services being rendered; however, the number of deputies
should be increased to provide more frequent patrol of Kings Grant
and other subdivisions throughout the County.
After discussion of the residents establishing a "Neighborhood
Watch" and placing street lights in the Kings Grant Subdivision,
Chairman Greer reported he would contact the Sheriff and request an
increase in the frequency of patrol for this area.
Request for the Anim'll Control Division to Deliver Dog Cages
Mr. Jesse Hardwick, a resident of 4645 Brandon Road, reported
on the problems experienced in trying to obtain a dog cage from the
Animal Control Center to catch an unleashed dog running on his
property. When discovering his car was too small to pick up the
cage, he did not have enough money to rent a car and could not
receive any assista:.ce from the Animal Control Center. After
contacting the Brunswick County Animal Control Center, he was
informed that cages were delivered and picked up by the Animal
Control Officers. The commissioners were requested to raise the
Animal Control fees to allow personnel to deliver and pick up
cages. Also, Mr. Hardwick expressed concern for cats not being
leashed and requested the commissioners to adopt an ordinance that
would require a leash for cats.
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MINUTES OF REGULAR MEETING" AUG~ST 8, 1994
H'
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Chairman Greer expressed appreciation to Mr. Hardwick for his
remarks.
APPROVAL OF CONSENT AGENDA
Chairman Greer reported the Clerk to the Board has requested
approval of the minutes as presented in the corrected form.
Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster
to approve the Consent Agenda items as presented and approve the
minutes as corrected by the Clerk to the Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as
corrected and presented by the Clerk to the Board:
Regular Meeting
Regular Meeting
Regular Meeting
EMS Work Session
June 20, 1994
July 5, 1994
July 18, 1994
June 30, 1994
Acceptance of N. C. Department of Environment, Health , Natural
Resources Recycling Assistance Grant (Contract #95-0061)
Environmental Management Recycling Division
The Commissioners accepted a grant in the amount of $4,667
from the N. C. Department of Environment, Health & Natural
Resources to be used to continue the recycling bin distribution
project that began last year. The County's contribution will be
in-kind ($2,333) through personnel time used to develop and provide
educational programs, construct demonstration sites, and place
composters at local schools. The Chairman was authorized to
execute the necessary documents.
A copy of the agreement is on file in the Legal Department.
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Approval of Collection policy for the Cape Fear Museum
The Commissioners approved a Collection Policy for the Cape
Fear Museum to govern the types of artifacts collected, establish
guidelines for incoming and outgoing loan policies, and determine
the circumstances that items in the collection are deaccessioned
and how, disposition is made of objects. This policy has been
approved by the Cape Fear Museum Board of Directors.
A copy of the policy is on file in the Director's o~fice at
the Cape Fear Museum.
Acceptance of the "Report of Disposals of Personal property" for
the Period of January 1, 1994 through June 30, 1994 - Finance
Department
The Commissioners accepted the "Report of Disposals of
Personal Property" in accordance with N.C.G.S. 160A-266(c) for the
period of January 1, 1994 through June 30, 1994.
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A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exh~bit Book XXII, Page 16.
Approval of Change in Home Health Fees - Health Department
The Commissioners approved the following changes in Home
Health fees to bring these fees in line with the new Medicaid Home
Health Care fees. The Board of Health approved the recommended
changes on July 6, 1994.
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Present New Proposed
Medicaid
Physical Therapy $ 76.00 $ 78.35 $ 79.00
Occupational Therapy $ 76.00 $ 78.35 $ 79.00
Speech Therapy $ 76.00 $ 78.35 $ 79.00
Skilled Nursing $ 77.00 $ 79.50 $ 80.00
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 21'0
Home Health Aide
Medical Social Worker
$ 43.00
$110.00
$ 44.35
N/A
$ 45.00
$115.00
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Approval of Increase in Rabies Vaccination Fee - Health Department
The Commissioners approved an increase in the rabies
vaccination fee from $5.00 to $6.00 in accordance with N.C.G.S.
130A-188. This increase was recommended by the Animal Control
Advisory Committee.
Adoption of Resolution Opposing Forced Annexation
The Commissioners adopted a resolution to encourage the North
Carolina Association of County Commissioners to support legislation
that would prevent forced annexation of County citizens.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 16.
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions requesting the addition
of the following roads to the State Highway System:
Lodge Court - Prince George Estates
Sago Bay Drive - Sago Bay Drive Subdivision
Carolina Inlet Acres Drive
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 16.
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Adoption of Resolution for the Sale of Surplus Property Jointly
Owned by the city of Wilmington and New Hanover county Located at
716 Walnut Street
The Commissioners adopted a resolution accepting an offer from
the Shiloh Baptist Church for the sale of the following property
owned jointly by the City and County:
Parcel Number
R0048-13-041~007.000
Address
716 Walnut Street
Amount of Offer
$990.00
The property has an ad valorem tax value as of 1989 of $1,639.
The offer will be duly advertised for upset bid.
" A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 16.
Adoption of ReSOlution Authorizing the New Hanover County Parks
Department to Proceed with the Sale and Removal of Trees at the
Castle Hayne Park site
The Commissioners adopted a resolution authorizing the New
Hanover County Parks Department to proceed with the sale and
removal of trees at the Castle Hayne Park site. The sale of the
trees for the six-acre site is at $1,000 per acre. This revenue
will be used to clear an area for the softball field at the Castle
Hayne Park which was not included in the current budget.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 16.
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Report of Budget Amendment #95-0006
The following Budget Amendment was approved by the Budget
Officer and is being reported for entry into the minutes:
95-0006 New Hanover County Schools
Debit
Credit
New Hanover Countv Schools
Contribution/Current Operating
$371,581
Contribution/Capital Outlay
$~71,581
Purpose: To adjust the County's contribution to New Hanover county
Schools to correspond with the School Budget Resolution.
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Report of Budget Amendment #95-0010
The following Budget Amendment was approved by the Budget
Officer and is being reported for entry into the minutes:
95-0010 Various Departments
commissioners' Office
Appropriated Fund Balance
Human Resources
Departmental Supplies
Capital Outlay
Budqet
Departmental Supplies
Capital Outlay
MIS
Telephone Expense
Departmental Supplies
Other Improvements
Capital Outlay
Tax
Contracted Services
Department Supplies
Capital Outlay
Leqal
Capital Outlay
Propertv Manaqement
Contracted Services
M & R Buildings & Grounds
M & R Street signs
Departmental Supplies
Other Improvements
Capital Outlay
Motor Vehicle Purchases
Enqineerinq
Departmental Supplies
Capital Outlay
Sheriff/Administration
Departmental Supplies
Other Improvements
Sheriff /911
Departmental Supplies
Capital Outlay
Sheriff /Jail
Departmental Supplies
Capital Outlay
Emerqencv Manaqement
Hurricane capital Expense
EMS
Uniforms
Clerk of Superior Court
Departmental Supplies
capital Outlay
Judqes
contribution to outside Agency
Debit
$733,302
Credit
$ 872
$ 2,945
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$ 586
$ 3,822
$ 5,535
$ 13,672
$ 885
$ 45,580
$390,267
$ 2,216
$ 25,014
$
932
$ 10,452
$ 4,125
$ 4,501
$ 635
$ 12,369
$ 2,762
$ 21,012
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$ .
$
679
5,562
$
$
185
969
$
$
1,226
682
$ 5,611
$ 34,395
,$ 4,359
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$ 1,000
$ 925
$ 3,693
--$---1,087
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 212
(Budget Amendment continued)
Debit Credit
Planninq
Departmental Supplies
Capital Outlay
$ 281
$ 8,303
Health/Environmental
Capital outlay
$ 3,039
Health/Vector Control
Departmental Supplies
$
3,504
Health/Animal Control
Departmental Supplies
Capital Outlay
$ 2,249
$ 14,240
Health/Administration
Departmental Supplies
Capital Outlay
$ 1,891
$ 8,453
Health/Epidemioloqy
Departmental Supplies
$ 350
Health/Family Planninq
Departmental Supplies
Other Improvements
$ 189
$ 198
Health/Risk Reduction/Iniury Prevention
Departmental Supplies
$ 323
Health/Proiect Assist
Departmental Supplies
Capital Outlay
Health/Health Education
Departmental Supplies
$
$
281
3,623
. $
493
social Services/Administration
Capital Outlay
$ 30,300
Aqinq/Senior Center
Other Improvements
,
$ 3,356
Aqinq/RSVP
Department Supplies
Capital Outlay
$ 522
$ 1,934
Library
Capital outlay
$ 2,762
Parks
Contracted Services
M & R - Buildings & Grounds
Departmental Supplies
Capital Outlay
Motor Vehicle Purchases
Other Improvements
$ 7,955
$ . 441
$ 281
$ 3,034
$ 10,506
$ 1,668
Museum
Contracted Services
Departmental Supplies
Capital Outlay
$ 12,341
$ 1,360
$ 870
Environmental Manaqement Fund
Appropriated Fund Balance
$25,488
Landfill
Contracted services
Building
$ 8,611
$ 2,951
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994 0 ", PAGE 213
(Budget Amendment continued) Debit Credit
Recvclinq
Advertising $ 5,196
WASTEC/Operations
Capital Outlay $ 1,990
WASTEC/Maintenance 0
Other Improvements $ 6,740
Water & Sewer Fund
Appropriated Fund Balance $23,091
Water & Sewer Finance
Departmental Supplies $ -690
Capital Outlay $ 4,841
Water & Sewer Enqineerinq
Other Improvements $ 9,600
Capital Outlay $ 7,960
Purpose: To budget appropriated fund balance for outstanding
purchase orders as of June 30, 1994. The purchase order amounts
should be added to each appropriation as it appears in the Budget
Ordinance in order to account for the payment against the- fiscal
year in which it is paid (adopted in the Budget Ordinances for FY
1994-95 dated June 6, 1994).
Approval of Budget Amendment #95-0011 - Various Departments
The Commissioners approved the following Budget Amendment:
95-0011 Various Departments
Commissioners' Office
Appropriated Fund Balance
Finance
Contracted Services
Propertv Manaqement
Other Improvements
Emerqencv Manaqement
Contracted Services
Librarv
Contracted Services
. .
Water & Sewer Fund
Appropriated Fund. Balance
Water & Sewer Finance
Revolving Loan Fund
Water & Sewer Enqineerinq
Capital Outlay
Purpose: To rollover the following expenditures for .FY 1993-94 to
FY 1994-95:
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Finance for sales tax refund analysis contract with
McGladrey & Pullen
Property Management - for completing renovation of the second
floor of the county Administration Building.
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Emergency Management - for a port and waterway assessment for
emergency response planning contract with specialized Marine,
Inc.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 214
Library - for rewiring of all terminal locations at the
Library for fiber optic connections.
Water, & Sewer District - $25,000 for the .Sewer Connection
Assistance' Plan approved on January 3, 1994, and $59,675 for
remote telemetry ~nits approved on June 6, 1994.
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App~oval of Budget
Alternatives Agencies
The Commissioners
Amendment #95-0012
community Based
approved the following Budget Amendment:
95-0012 - community Based Alternatives Agencies
Debit
Credit
Communitv Based Alternatives Aqencies
CBA Grants
$65,826
Non-Secure Detention Program
$65,826
Purpose: To budget the Non-Secure Detention Grant for FY 1994-95.
The grant application was approved by the Commissioners on April
18, 1994. No County match is required. The Non-Secure Detention
Program provides an alternative to serving detention for qualifying
juveniles.
PRESENTATION OF LONG-RANGE PLANS FOR NEW HANOVER REGIONAL MEDICAL
CENTER
Mr. Jim Hobbs, Chief Executive Officer, of New Hanover
Regional Medical Center, expressed appreciation to the Board of
County Commissioners for allowing New Hanover Regional Medical
Center to discuss current projects and present future long-range
plans for the Medical Center.
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I. PROGRAM ENHANCEMENTS DURING THE LAST TWELVE MONTHS:
Addi tion of the Coastal Diabetes Center: This program was
initiated last July and addresses one'of the major health problems
in our community and region. This Center provides both an
inpatient. and out-patient program as well as education on this
disease.
Center for Successful Aging: with the aging population increasing,
the Center helps this population to address the specific problems
experienced with aging and assist them to live the healthiest
lifestyle possible. An additional geriatrician has been hired with
two grants awarded from the Duke Endowment and from the Katie B.
Reynolds Foundation in the amount of $750,000. These funds will
help the Medical Center to expand this program through working
cooperatively with local home health agencies and County agencies
to provide the services needed and long-term care to the aging
population.
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Clinical Pastoral Education Program: This program has grown
dramatically in the past twelve months and has provided a very
important aspect of care to the patients and their families. A
grant was received from the Duke Endowment which has been most
beneficial in funding this program.
outpatient Therapy: Significant growth has occurred in outpatient
therapy, particularly with the renovation of the Medical Mall.
II. COMMUNITY OUTREACH DURING THE LAST TWELVE MONTHS
- Sponsoring of Cancer Programs
- Sponsoring H~alth Screening Programs
- Involvement in the Community Health Center
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PAGE 215
III. REVENUE BOND ISSUES DURING THE LAST TWELVE MONTHS: The
revenue bond issue was closed in October 1993 in the amount of
$29.5 million. These funds are being used for the following long-
term capital projects that will renovate and expand the Medical
Center:
proiect
Cost
-Rehabilitation Hospital
-Energy Plant Improvements
-Parking Deck
-Telecommunications Systems
-Pneumatic Tube System
-Cardiac Surgery Recovery unit
$9.5 million
$9.0 million
$2.5 million
$1. 5 million
$1.0 million
$1.7 million
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IV. CURRENT PROJECTS
Coastal Rehabilitation Hospital: A 60-bed physical rehabilitation
hospital with an orthopedic unit; a stroke and neurological unit;
a general care unit; and a traumatic brain unit to serve the 7-
county area. This will allow patients in this area to receive
service close to home, not in another City or State. This facility
will be opened and fully operational by October 1994.
Coastal Cancer Center: Cancer is a major problem in the community
and many people have to use facilities located in other cities or
states to receive various treatments and care for cancer patients.
During the last two years, additional cancer programs and staff
have been added to the Medical Center including a 21-bed oncology
unit inside the hospital. Community cancer screening and
educational programs have been sponsored by the Medical Center.
The overall goal for cancer treatment is the development of a
Comprehensive Cancer Center. The Certificate of Need has been
submitted to the State, and if approved, this facility would bring
radiation oncology on site at the Medical Center and provide for
the development of clinical trial programs. This has been a
collaborative effort among the local physicians as well as
community groups.
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community Regional Health Assessment: New Hanover Regional Medical
Center and Cape Fear Memorial Hospital are in the process of
performing a community health assessment of the current and future
health care needs. The hospitals' will be working with regional
hospitals and health care agencies to assess the health care needs
and how. these services can. be improved and provided - more
efficiently. As the study moves forward, a'status report will be
forwarded to the Board of County Commissioners.
Development of Physician/Hospital strategies. Regional
Integration:, New Hanover Regional Medical Center desires to become
the cornerstone of a system that monitors, treats, and improves the
health of the community through the following methods:
-Initiate physical/hospital/health agency collaboration
-Development of a Physician Hospital organization
-Development of a Phys~cian Practice Management Institute
continuing the Development of Master space and site Plan:
-Phase I:
Hospital,
<.Proj ects.
In the process of ,constructing the Rehabilitation
utilities Project; Parking Deck, and Cardiovascular
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':'Phase II: Needed additions, renovations or expansions to
Emergency Services, surgical Services, Labor and Delivery,
Laboratory, development of the Cancer Center and' other
services. These projects will cost approximately.$65 million
: which will be funded from some type of bond financing and
,_ ~~ >equity .contribution from the Medica'l Center.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 216
V: FUTURE PLANS
-Regional Integration: The goal is to become the cornerstone
of a system that monitors, treats and improves the health of
our community.
-Market position: The goal is to increase community and
regional market share.
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-Quality: The goal is to achieve documented clinical and
quality outcomes that consistently meet or exceed customer
expectations.
-Service Development: The goal is
into regional referral centers
regional medical center.
to develop select services
consistent with being a
VI: HEALTH CARE REFORM STRATEGIES
-Understand and Reduce Costs
-Manage utilization
-Invest in Information
-Collaborate with Physicians
-Share/Assume Risks
-Accumulate Cash
-Create Balance Sheet Strength ,
-Network for full continuum of Care
In summary, New Hanover Regional Medical Center is striving to
provide quality medical care with the changes that are occurring in
health care reform.
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Chairman Greer opened the floor to receive questions.
commissioner Sisson commented on a recent visit to the
Emergency Room where the triage system is used and recommended
establishing a separate facility for subacute types of injuries.
This would allow the Emergency Room Staff to treat patients with
acute injuries. If the County moves toward improving the community
based health care services, such as the Northside Community Health
Center, the number of non-emergency patients in the Emergency Room
should be reduced.
Mr. Hobbs agreed and reported 60% of patients coming to the
Emergency Room could be treated in another setting; however, the
triage system does assist the Emergency Room Staff in prioritizing
the patients who are more acutely ill and need immediate medical
care. The Medical Center is very supportive of community based
services and has a team of employees working on how to provide
primary care in the appropriate settings.
commissioner Barone complimented Mr. Hobbs for the open lines
of communication that have occurred between the Medical Center
Board of Trustees and the Board of County Commissioners. She urged
continuance of this open communication and expressed appreciation
to Mr. Hobbs for the great strides being made in long-range
planning for the hospital.
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Chairman Greer expressed appreciation to Mr. Hobbs and the
Hospital Board of Tr::'lstees for the excellent programs and services
being provided by the Medical Center. He also expressed
appreciation for the open lines of communication and stated this
cooperative effort has been most beneficial to the County and its
citizens.
POSTPONEMENT OF TAX APPEAL BY COVENANT CHURCH
Chairman Greer announced the ,!ppellant has request~d that this
item be postponed until August 22, 1994, in order to better prepare
for the tax appeal. He requested direction from the Board.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 217
Consensus: After discussion, it was the consensus of the Board to
postpone this tax appeal until August 22, 1994.
ADOPTION OF RESOLUTION AND INTERLOCAL AGREEMENT WITH THE TOWN OF
WRIGHTSVILLE BEACH FOR ENFORCEMENT OF WRIGHTSVILLE BEACH WATER
REGULATIONS AT THE NORTHERN END OF THE BEACH
Assistant County Manager, Dave Weaver, reported due to the
recent drowning at Mason's Inlet, the Town of Wrightsville Beach
has requested the County to prepare an ordinance to prohibit
swimming in the area around Mason's Inlet between Wrightsville
Beach and Figure Eight Island. Any persons violating the ordinance
shall be guilty of a misdemeanor, punishable by a fine of no more
than $200. Maps of the area were presented to the Commissioners,
and the Board was requested to adopt the proposed ordinance and
Interlocal Agreement to allow the Town of Wrightsville Beach to
enforce the ordinance.
A lengthy discussion was held on the advantages and
disadvantages of the proposed ordinance. Vice-Chairman Mathews
expressed concern for people being forced to wear flotation devices
when swimming or surfing and stated these safety devices can
provide a false sense of security; therefore,. he cannot support
this portion of the ordinance.
commissioner sisson reported the Board should consider
enacting an ordinance that will authorize the Public Safety
Officials of Wrightsville Beach to determine when extremely
dangerous water conditions exist for swimming with some type of
warning system being established such red, green, and yellow
warning flags. This system would prohibit swimming during certain
periods of time and at the same time allow for swimming when the
tides are not coming in or going out.
Chief of the Wrightsville Beach Police Department, George
Antley, reported due to erosion in Mason's Inlet, the currents
running in front of the Shell Island Hotel go straight out to sea
and swimmers and persons on rafts are caught in these currents
during the falling tide. Presently, the Wrightsville Beach
Lifeguards are usually responsible for rescuing swimmers in Mason's
Inlet. Quite frequently, a Lifeguard spends 35-40 minutes with a
rescue and often places his/her life in danger because of the
dangerous currents in the inlet. It was not the intent of the Town
of Wrightsville to restrict surfing or other water activities in
this area as long as the surfers have shock cords .on the
surfboards; however, swimming in this' area is very dangerous and a
concern to the Town of Wrightsville Beach. In trying to better
address this problem, it was felt swimming should be prohibited in
this area, and this was the reason the Commissioners were requested
to consider the proposed ordinance.
Chairman Greer inquired as to whether an agreement could be
prepared to authorize the Town of Wrightsville Beach to patrol the
area with enforcement of the necessary water regulations for the
protection of the general public in Mason's Inlet?
Chief Antley reported an ordinance creates a public awareness
of the law and the consequences that will occur if the law is
violated. For example, at Masonboro Inlet the U. S. Corps of
Engineers erected a sign very clearly stating if persons walk on
the jetty, they will be arrested for trespassing. This signage has
greatly helped to alleviate problems being experienced in this
area.
Chairman Greer, again, recommended authorizing the Town of
wrightsville Beach to enforce the necessary water regulations at
the northern end of the beach without adopting an ordinance.
County Attorney copley reported the Town ot Wrightsville Beach
will need a definition of the necessary provisions. - . -
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 218
Wrightsville Beach Town Manager, Tony Caudle, reported the
Board of Aldermen is considering a modification to the Wrightsville
Beach Town Ordinance. This revision will address enforcement and
allow the Police Chief to close certain portions of the beach
strand for up to 14 days with a review by the Board of Aldermen
after that period of time. The Commissioners may want to be sure
that any action taken tonight will allow for the proposed revision
which will be presented to the Board of Aldermen on Thursday
evening.
After a lengthy discussion on whether an ordinance is actually
needed, County Attorney Copley suggested adopting a resolution that
will authorize the Town of Wrightsville Beach to enforce the
current water regulations at the northern end of Wrightsville
Beach.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt a resolution authorizing the Town of Wrightsville
Beach to enforce the Town's water safety rules at the northern end
of Wrightsville Beach for the unincorporated portions of New
Hanover County, and direct the County Attorney to prepare an
interlocal agreement. The floor was opened for discussion.
Mr. Robert L. Caulder, a former surfer, expressed concern for
adopting a regulation that will restrict surfing at Mason's Inlet.
To arbitrarily shift the County's jurisdiction to the Town of
Wrightsville Beach for the northern portion of the beach would be
a mistake. It would be difficult for the County to reinstate this
jurisdiction if needed some time in the future, and the Town of
Wrightsville Beach could absorb additional liability with assuming
this responsibility. In other areas of the country, paddle boards
are being used by Lifeguards to make rescues in dangerous
conditions, which has greatly reduced the risk to Lifeguards. In
his opinion, education is the key to the problem because inlets
cannot be legislated.
Dr. Bryan Davis, a Professor of Physics at UNC-W, expressed
concern for adopting a regulation that will prohibit swimming on a
beautiful strand at Mason's Inlet during the low and high tide. At
these periods, there is no current and the water is beautiful.
Drownings cannot be prevented through adoption of a regulation
unless there are Lifeguards or Wrightsville Beach Policemen on this
portion of the beach at all times. Perhaps, the posting of large
warning signs indicating the dangers involved with the current
would create more public awareness and avoid swimming in the inlet.
Chairman Greer commented on the motion on the floor and
recommended amending the motion to review the inter local agreement
within two years.
Discussion was held on the revision to the Wrightsville Beach
ordinance. County Attorney reported a copy of the revised
ordinance by the Town of Wrightsville Beach will be attached as a
part of the agenda' packet for the inter local agreement to be
presented on the Consent Agenda for final approval on August 22,
1994.
Amend Motion: Vice-Chairman Mathews MOVED TO AMEND THE MOTION,
SECONDE~ by Commissioner sisson, to adopt a resolution authorizing
the Town of Wrightsville Beach to enforce the Town's water safety
rules at the northern end of Wrightsville Beach for portions of the
unincorporated county, and 4irect the County Attorney to prepare an
interlocal agreement with a review of the agreement by Labor Day of
1996. This agreemen~ is to be placed on the Consent Agenda for the
Regular Meeting of August 22, 1994, for final approval. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is c.)ntained in Exhibit Book XXII, Page 16. .'
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PAGE 219
DENIAL OF ORDINANCE PROHIBITING PRICE GOUGING
Director of Emergency Management, Dan Summers, requested the
Commissioners to adopt an ordinance that will prohibit price
gouging during emergencies. Unfortunately, certain unscrupulous
merchants attempt to profiteer off of disasters by charging excess
prices for essential goods. The economic impact of a disaster to
the community must be considered, and keeping the prices on
supplies and goods should be reasonable in order to allow our
citizens to recover. The proposed ordinance is to protect the
local merchants and clearly state that New Hanover County does not
want disaster chasers. The Commissioners were requested to adopt
the proposed ordinance.
o
A lengthy discussion was held on whether the proposed
ordinance can be enforced or whether the proposed ordinance is
needed. Chairman Greer reported he is not for price gouging, but
he is opposed to the ordinance feeling it will not make a great
deal of difference. He stated the problems after a disaster are
not on goods but on services.
Emergency Management Director Summers reported the post news
releases will provide consumer protection tips about services and
persons coming in from out of town. The N. C. Home Bui lders
Association and Cape Fear Home Builders Association have guidelines
that will be used as part of the press releases to help citizens
know how to check for credentials. The proposed ordinance will
give the County flexibility to in~estigate gross price gouging if
and when it occurs.
Vice-Chairman Mathews supported the proposed ordinance and
stated the Price Gouging Ordinance will provide the legal document
necessary to impose a fine when violated and also send the message
that New Hanover County will not tolerate price gouging.
o
commissioner Sisson agreed with Vice-Chairman Mathews and
stated the message needs to be sent before the problem occurs in
the county.
commissioner Barone reported, in her opinion, the ordinance
would be very difficult to enforce.
County Attorney Copley explained that enforcement of'the
ordinance would require Emergency Management Staff to investigate
violations. In her opinion, enforcement could be difficult;
however, when an ordinance is adopted most people will abide by the
guidelines.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the revised Price Gouging Ordinance as presented.by
the Emergency Management Director. Upon vote, the MOTION FAILED
DUE TO NOT RECEIVING A MAJORITY VOTE:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Commissioner Caster
Chairman Greer
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BREAK
Chairman Greer called a break from 8:30 P.M. until 8:45 P.M.
AWARD OF CONTRACT #95-0048 TO JOHN SAWYER ARCHITECTS FOR EXPANSION
OF THE DEPARTMENT OF SOCIAL SERVICES BUILDING
Deputy County Manager, Andrew J. Atkinson, reported the DSS
Expansion Task Force heard presentations from five architectural
firms in order to select an architect for the expansion of the
Department of Social Services Building. On June 15, 1994, the Task
Force recommended awarding the contract to John Sawyer; however,
during the meeting John Sawyer expressed concern over the budget
for the expansion. His preliminary numbers indicated the budget
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'MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 22:0
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was not sufficient to do a quality expansion. Mr. Sawyer developed
a cost figure of $1.5 million instead of the original $890,000.
During this period of time, it was determined the entire 15,000
square foot expansion should be completed instead of the 10,000
square feet as originally planned with completion of the remaining
5,000 square feet at a later date. other changes that increased
the costs were correcting problems with the HVAC system and
building a structure that would support a second floor over the
15,000 square foot expansion if additional space is needed in the
future. After meeting with the DSS Building Task Force, staff was
requested to see if the total cost could be reduced feeling the
$1.5 million was too high.
Negotiations began with John Sawyer and the figure was reduced
to $1.2 million for the 15,000 square foot expansion. The contract
amount with John Sawyer Architects was negotiated down to $68,000,
which represents a savings of $37,000. Funds in the amount of
$50,000 are already in the project and $95,000 was budgeted for FY
1994-95. Since the project will not be completed before eighteen
months, the $95,000 budgeted for the current year will not be
needed and can be applied to reduce the financing figure to
$1,055,000 at a 5% interest rate. Staff feels comfortable with the
negotiated price and financing arrangement and recommends award of
the bid to John Sawyer Architects.
Commissioner Caster inquired as to why the decision was made
to complete the 15,000 square foot expansion instead of completing
the 10,000 square feet with the remaining 5,000 square feet being
finished at a later date as originally planned?
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Deputy County Manager Atkinson reported the study began in
1993 with the determination that 10,000 square feet of completed
space would be adequate; however, due to tI:e increase in DSS
employees, staff feels the 15,000 square feet of additional space
is needed to accommodate the number of employees. Also, when
dealing with a rectangular building, it is difficult to section off
a part of the building that is not completed.
Commissioner Caster expressed surprise for being informed of
a price increase because of the type of construction needed for the
15,000 square foot expansion to accommodate a second floor. While
serving as a member of the DSS Building Task Force, this was
originally discussed, and he thought any proposal would have
included this cost.
County Man~ger O'Neal reported this was initially discussed;
however, the square footage figure submitted was too low and should
have -been looked at more closely.
commissioner Barone requested Mr. George Shaw, the County
Project Engineer, to explain why the additional 5,000 square feet
should be constructed at the present time?
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Mr. Shaw reported completing the additional 5,000 square feet
will be much more costly in the future. Also, without heating and
air-conditioning in the shelled in frame, moisture will build up
and create problems with mold and weeping walls. In his opinion,
the additional space is needed by the Department of Social Services
at the present time.
Discussion was held on federal and state mandates that require
the county to provide a certain amount of square footage per
employee. Commissioner Barone reported when first meeting to
discuss the amount of space needed for the DSS expansion, the
Department of Social Services-was informed by state officIals that
if the County did not provide the specified amount of square
footage, the County would jeopardize feder-al funding for the entire
State of Nqrth Carolina.
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PAGE 221'
Motion: After further discussion of financing, commissioner Barone
MOVED, SECONDED by Commissioner Sisson to award the contract to
John Sawyer Architects for the 15,000 square foot expansion of the
Department of Social Services Building at the negotiated price and
financing as presented. The Chairman was authorized to execute the
contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
DISCUSSION OF CONSOLIDATION
Chairman Greer reported a letter has been received from the
Wilmington City Council requesting the Board of County
Commissioners to consider directing the city Manager, County
Manager, Sheriff, and Acting Police Chief to study merging city and
County Law Enforcement.
County Manager O'Neal reported at the request of the Board
several meetings ago, he has prepared an agenda item of the issues
and challenges that will have to be addressed when considering the
consolidation of the local governments; however, no information has
been prepared on the merger of City and County Law Enforcement;
therefore, the Board will have to decide on this issue.
Discussion was held on the following key issues that must be
addressed when considering consolidation:
1. Expectations and goals need to be identified at the outset
with basic agreement among the New Hanover County Board of
Commissioners and other local governments.
/------
2. Consolidation may mean different things to different
people or different groups of people. A definition should be
determined early in the study process.
3. The process of study and implementation will affect all
local governments, not just the County and City of Wilmington.
4. A third party disinterested study group could provide a
more objective view. There should be a great deal of
involvement by the elected officials of the local governments
because of the need to understand the restrictions and
regulations imposed on local governments by the State and
Federal governments. The authori ty and poY{ers of
municipalities and counties are quite different, particularly
in the provision of human services.
5. Historical perspective and action of the General Assembly
is essential. The Institute of Government could be, a key
player in the dissemination of information.
6. Special legislation would be required. Our legislative
delegation and the General Assembly as a whole should be kept
informed. Other areas of the state may view this as
threatening.
7. All local governments and the public should be prepared
for an extended process. Consolidation will not occur quickly
and will not bring a cost savings immediately, but in future
years. There will be initial costs involved. .
, .
Discussion was held on the many differences in the authority
and powers of municipalities and counties. The General Statutes of
North Carolina have clearly delineated the authority and power of
a county and the authority and power of a municipality. .Under the
general statutes, counties are considered to be the leader for.
human services programming, and municipalities are considered to be
the leader in infrastructure. In an urban county, such as New
Hanover County, where annexation has occurred gradually, it has
been necessary for the County to provide infrastructure services in
areas of the unincorporated County.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 222
County Manager O'Neal commented on the fact that consolidation
cannot occur quickly because of the thousands of issues that must
be addressed, and he stressed the importance of understanding that
consolidation will not bring about an immediate cost savings in the
local government. In future years, a cost savings should be
achieved. Time will be involved and the public must be kept well
informed on any consolidation process,
commissioner Barone emphasized the importance of involving the
beach communities in the consolidation study. It was agreed that
the beach communities should be involved in discussion of the law
enforcement merger and the consolidation issue.
A lengthy discussion was held on the importance of identifying
expectations.and goals at the beginning of the consolidation study
with a basic agreement understood among the Board of County
commissioners and other local governments. The goals and
expectations must be established before beginning a consolidation
study.
commissioner
consolidation was
Plan, ahd stated,
this issue.
Caster commented on the many times that
mentioned in the New Hanover County strategic
in his opinion, the time has come to re-visit
Commissioner sisson agreed with Commissioner Caster and stated
the process should begin now with a review of the issues by a
multi-partisan group. Above all, the study should be performed
based on what is in the best interest of the County, not on
politics.
Discussion was held on the prior 1984 Consolidation Report.
County Manager O'Neal reported due to growth and rapid change in
the County, many items will have to be reviewed. In order for him
to discuss the merger of law enforcement, he would like official
authorization from the Board of County Commissioners.
A lengthy discussion was held on performing another
consolidation study and how to approach re-visiting this issue.
Concern was expressed for performing a study without full support
of the local governments and community.
County Manager O'Neal reported an agenda packet can be
prepared for the second meeting in September that will provide
historical information and summaries of how other communities have
lead a cOmmunity into a consolidated effort. Knowing the local
organizations that were involved in the performance of a
consolidation study in other communities will be helpful to the
Board and staff in leading a community based effort.
Chairman Greer commented on the city's request for performing
a study on the merger of city and County Law Enforcement and
recommended proceeding in this direction. Once this study has been
completed, discussion can occur on the consolidation issue.
Motion: commissioner sisson MOVED, SECONDED by Commissioner Caster
to (1; direct the County Manager to proceed immediately to work
with the Sheriff, city Manager, and Acting Chief of Police to study
the issue of merging city and County Law Enforcement; (2) direct
the County Manager to prepare an agenda item for the first meeting
in October that will explain the methods that have been used in
other communities to lead a consolidated effort; and (3) authorize
the Chairman to write a letter to the beach communities informing
them of the action taken and the need for them to be involved in
the law enforcement and Consolidation process. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
~UBLICHEARINGS .
Notice had been given that Public Hearings would be held on
Monday, August 8, 1994, at 7:30 P.M. in the Assembly Room of the
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MINUTES-OF REGULAR MEETING, AUGUST 8, 1994
PAGE 223
New Hanover County Courthouse, 24 North Third street, Wilmington,
North Carolina.
The following Public Hearings were held:
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO PEGGY
PORTER TO LOCATE A SINGLE WIDE MOBILE HOME AT 2617 OAKLEY ROAD (S-
365, 8/94) -
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
o
The following persons were sworn in:
Dexter Hayes, Planning Director
Ms. Peggy Porter
Mr. David Porter
Ms. cynthia Avery
Ms. Tammy Reason
Planning Director, Dexter Hayes, reported Ms. Peggy Porter has
requested a Special Use Permit to locate a single wide mobile home
at 2617 Oakley Road. He presented the following preliminary Staff
findings:
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
based upon the following findings:
a. The site has direct access to Oakley Road.
b. The site is located in the Wrightsboro Volunteer Fire
Department District.
o
c. The mobile home will
septic tanks. No site
determine suitability for
be served by individual wells
analysis has been conducted
these services.
and
to
2. The Board of County Commissioners must find that the use meets
all required conditions and specifications of the Zoning Ordinance
based upon the following findings:
"
a. Mobile homes are
conferment in the R-20
zoned R-20.
permitted by Special
Residential District.
Use Permit
The site is
,
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b. The tract complies with the minimum lot size of the R-20
District, and the minimum yard setbacks can be met.
c. Adequate area is available to meet off-street parking
requirements.
3. The Board of County Commissioners must find that the use will
not substantially injure the value of adjoining or abutting
property or that the use is a public necessity based upon the
following findings:
a. A mixture of housing styles persists in the area,
including mobile homes.
o
b. The site is located approximately 200 feet from property
that is zoned B-1 Neighborhood Business, and a convenience
food store is located on this site.
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
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 22"4
development for New Hanover county based upon the following
findings:
a. There are mobile homes located throughout the general
area. The largest concentration of these units is found in
mobiTe home parks along Oakley Loop Road and on individual
lots along Oakley Circle, a considerable distance from the
subject "parcel.
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Chairman Greer inquired as to whether the petitioner would
like to comment.
Mr. David Porter, the petitioner's son, reported the lot is
1.7 acres, and the mobile home will be placed on the back of the
lot so it will not be seen from the road. He requested approval of
the Special Use Permit for location of the mobile home on the
proposed site.
Chairman Greer asked Mr. Potter if he concurred with the
findings of fact.
Mr. Potter agreed with the findings as presented by the
Planning Director.
Chairman Greer inquired as to whether any persons already
sworn in would like to comment.
The following remarks were received:
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Ms. Cynthia Avery, a resident living on Oakley Road, reported
many residents of the community do not want another single wide
mobile home placed on Oakley Road. The proposed site is at the
entrance of the road, and the residents feel placement of a mobile
home on this lot will detract from the overall neighborhood and
devalue property.
Ms. Tammy Reason, a new homeowner on Oakley Road, expressed
concern for the value of her property and stated mobile homes
should be placed in mobile home parks. With the continuing growth
of new homes on Oakley Road, the residents feel that enough mobile
homes have been located in the neighborhood.
Mr. David Porter commented on the removal of debris from the
lot and stated placement of the mobile home will greatly improve
this unkept site. After living on this road for 20 years, he does
not feel that surrounding property will be devalued because of the
number of mobile homes already located in the community. The
Commissioners were requested to approve the Special Use Permit.
Chairman Greer closed the Public Hearing.
e
Chairman Greer commented on this request being similar to the
case presented on July 5, 1994, and requested the Board to be sure
the four General Requirements have been met with the findings and
evidence presented. Personally, he is concerned about the proposed
use injuring the value of adjoining property; therefore, he does
not feel the Special Use Permit should be granted.
Planning Director Hayes reported the mobile home will be
placed at the back of the lot and will not be visible from the
street.
Motion: commissioner Barone MOVED to approve the Special Use
Permit based upon the evidence presented concluding the four
General Requirements had been met. The. MOTION FAILED DUE TO NOT
RECEIVING A SECOND.
" "
Motion:, Chairman Greer MOVED, SECONDED by Commissioner Ca~~er ~o
deny granting the Special Use Permit based upon the evidence'
presented not satisfying General Requirement #3, which requires
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
,
PAGE 225
that the use will not injure the value of adjoining property or
abutting property. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:
commissioner Caster
commissioner siss~n
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
o
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 8.
PUBLIC HEARING TO CONSIDER A REQUEST BY BATTISTA PICONE TO REZONE
1. 31 ACRES OF LAND LOCATED AT 5009 CAROLINA BEACH ROAD TO B-2
BUSINESS FROM R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted to approve the rezoning request. It was felt the request
represents a logical extension of the current commercial district
and the expansion would be consistent with Polices for'Growth and
Development. No persons spoke against the request at the Planning
Board meeting.
Chairman Greer inquired as to whether anyone present would
like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
commissioner Sisson expressed concern for existing buffering
requirements adequately protecting the residential district from
the commercial use and stated most tire companies have a tendency
to place old tires along the side of a building or in the back of
a building. He inquired as to whether the buffering will protect
the residential district?
o
Planning Director Hayes reported setback requirements are
based on the size and scale of the commercial use to be
constructed. In this case, the developer provided additional
buffering in the first phase of the project, which s,hould protect
the,residential district.
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Motion: Commiss.ioner Barone MOVED, SECONDED by Commissioner Caster
to rezone 1.31 acres of land located at 5009 Carolina Beach Road to
B-2 Business from R-15 Residential as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOV~R 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
39. ~
PUBLIC HEARING TO CONSIDER A REQUEST BY LUCY HIERONYMUS TO
ESTABLISH LIMITS ON THE CONVERSION OF A NON-CONFO~ING USE TO
ANOTHER NON-CONFORMING USE (A-256, 7/94)
Chairman Greer opened the Public Hearing.
o
. Planning Director, Dexter Hayes, reported the Planning BO!'lrd' s
discussion.focused on the .general requirements applicable to the
conversion 'of non-conforming uses. A. few members of the Planning
Board were satisfied with the current language, but 'agreed that
further clarification was needed. After further discussion, the
planning Board voted to recommend approval of the clarification
with the uriderstanding the language recommended by Staff would be
used instead of the proposal submitted by the applicant. ,'.
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MINUTES OF REGULAR MEETING, AUGUST 8, .1994
PAGE 226
The applicant, Lucy Hieronymus, recommended using the
following language:
Add: section 45-2.2: A non-conforming use may not be changed
to another non-conforming use by the Zoning Board of
Adjustment if it involves a change from the designated
conforming zoning density to higher zoning density. The
persistence of non-conforming zoning densities, when a change
to other non-conforming uses is requested, must proceed
through the Planning Board and County Commissioners as a
zoning change.
staff and the County Attorney's office, thoroughly reviewed
the applicant's proposal and agreed in principle that the present
guidelines used by the Zoning Board of Adjustment should be
narrowed. Staff recommended using the following language:
Amend section 45-2.2: A non-conforming use may be changed to
another non-conforming use only in accordance with approval
issued by the zoning Board of Adjustment. The Board shall
issue such approval if it finds that the proposed use will be
more compatible with the surrounding neighborhood than the use
in operation at the time the approval is applied for;
provided. however, the Board shall not approve a residential
use of hiqher density than that otherwise in the zoninq
district....
Chairman Greer inquired as to whether this case has been heard
by the Zoning Board of Adjustment?
Planning Director Hayes reported the Zoni~g Board of
Adjustment heard the variance and denied the request. The case was
then appealed to Superior Court where the decision by the Zoning
Board of Adjustment was upheld.
commissioner Caster reported on the complexity of this request
and stated this is an incident where an individual desires to
purchase a mobile home park for placement of high density housing
on the site. This individual went to the Zoning Board of
Adjustment to request a variance for high density housing and was
denied the request. . Commissioner Caster inquired as to why the
zoning Board of Adjustment did not approve the variance?
Planning Director Hayes reported the Zoning Board of
Adjustment agreed with the interpretation of the Planning Staff
feeling that the request would be a change of use. New Hanover
County has a separate set of regulations governing mobile home
parks. The zoning Ordinance is a separate set of regulations
dealing with high density development. Since the current use is a
non-conforming use under the mobile home park regulations, this
individual used the mobile home park regulations and modified them
to comply with another set of regulations in the Zoning Ordinance
which was not possible because the use did not meet the density
requirement; was not consistent with the Land Use Plan; was not
consistent with the location; and was not consistent with the
access requirements for the development of high density property.
For these reasons, the Zoning Board of Adjustment denied the
request.
Assistant County Attorney, Kemp Burpeau, reported this is a
case where a non-conforming use is being used to leverage another
non-conforming use. When switching a use from a mobile home park
into a high density development, this type of request should be
reviewed by the Technical Review committee of the Planning Board
where the members have the knowledge and expertise to know how land
should be divided afld platted. Due to the vague language in the
Zoning Ordinance, it was felt the proposed Text Amendment should be
approved in order to avoid this type of situation from occurring in
the future.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 227
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received.
Mr. A. J. Tyson, owner of the property, expressed concern for
being penalized for being a good neighbor and requested postponing
a decision until he has time to prepare a proper rebuttal.
Dr. Don Getz, representing the Airlie Road Association,
reported the Association has been active in trying to preserve the
quality of life in the Airlie Road area with adoption of the Airlie
Road Plan by the Board of County Commissioners a number of years
ago. There are many mobile home parks in the area because this
land was zone R-15 Residential and the parks were in existence at
that time. It was hoped when a non-conforming use was no longer a
non-conforming use, the use would be upgraded to be consistent with
the area. Because of the loophole in the Ordinance, it allows the
zoning change, or the high density zoning used in a mobi~e home
park, to potentially continue at the judgement of the Zoning Board
of Adjustment. This is not to say that this individual cannot have
a high density zoning project; however, he should be required to go
through the Planning Board and normal process required for zoning
changes. The main concern is allowing the normal rezoning process
to be by-passed through the Zoning Board of Adjustment in this
case. The Airlie Road Association is requesting that all zoning
changes follow the normal rezoning procedures through the Planning
Board with final approval by the Board of County Commissioners, not
through the Zoning Board of Adjustment.
Chairman Greer asked if more mobile homes could be placed in
the park?
Planning Director Hayes reported no additional mobile homes
can be placed in the mobile home park. The existing park does not
comply with the current Mobile Home Park Regulations; therefore,
the park does not meet the design criteria for existing mobile home
parks. The reason the current number of spaces is allowed is
because the mobile home park existed before County Zoning
Regulations were adopted.
Chairman Greer asked Dr. Getz if the neighborhood would like
to see the mobile home park remain in the area?
Dr. Getz responded the neighborhood would prefer,the mobile
home park in lieu of high density zoning.
Chairman Greer closed the Public Hearing.
Chairman Greer expressed concern for making a decision based
on one case, but stated he does not feel it was the intent of the
regulations to allow a back door approach to circumvent the normal
rezoning regulations.
Motion: Commissioner sisson MOVED, SECONDED 'by Commissioner Barone
to amend section 45-2.2 of the Zoning Ordinance as recommended by
the Planning Staff and Legal Department. The floor was opened for
discussion.
Chairman Greer requested the Planning Director to explain the
change?
Planning Director Hayes reported the following sentence will
be added to Section 45-2.2: "provided, however, the Board shall
not approve a residential use of higher density than that otherwise
allowed in the zoning district".. This amendment will apply to any
residential use where there is a change in density.
Mr. Tyson requested time to prepare a proper response to the
proposed Text Amendment.
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 228
County Attorney Copley reported Mr. Tyson's case has been
decided by the Court; therefore, unless some radical change occurs,
it would not be appropriate to consider his request.
Chairman Greer expressed concern for this Text Amendment
applying to all changes in density and recommended limiting the
proposed amendment to mobile homes parks.
Commissioner sisson stressed the importance of density
projects going through the normal zoning process and stated the
Planning Board and Board of County Commissioners should hear these
requests.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1996, is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXII, Page 16.
BREAK
Chairman Greer called a break from 10:12 P.M. until 10:30 P.M.
POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT
TO MODIFY THE DENSITY CALCULATION FOR PERFORMANCE SUBDIVISIONS BY
ELIMINATING THE SUBTRACTION FOR CLASS IV SOILS IF THOSE SOILS ARE
PLACED INTO CONSERVATION (A-257, 7/94)
Commissioner Barone requested postponing this Public Hearing
until the first meeting in September since the hour is late and
this issue needs to be thoroughly discussed.
Consensus: It was the consensus of the Board to postpone the
Public Hearing until the first meeting in September.
PUBLIC HEARING TO CONSIDER NAMING AND ASSIGNING STREET NUMBERS TO
A PRIVATE ROAD LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, 450 FEET
NORTH OF WOODHAVEN DRIVE FROM SHANNON DRIVE TO "GLAZIER ROAD" (SN-
70, 8/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, requested the Commissioners
to consider renaming a private road located on the west side of
Blue Clay Road from Shannon Drive to "Glazier Road" and authorize
reassignment of house numbers. The present name is a duplication
and in order to avoid any problem for the 911 Center when
responding to an emergency, the road should be renamed and new
house numbers assigned. The County will be responsible for
installing a street ,ign if approved.
Chairman Greer asked if any persons present would like to
comment.
No remarks were received:
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to name the private road to Glazier Road and assign house numbers
as recommended by the Planning Staff. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXII, Page 16.
DISCUSSION OF REQUEST FROM NASH COUNTY FOR SUPPORT OF RESOLUTION
GIVING AUTHORITY TO COUNTIES TO ENACT AN ADDITIONAL LOCAL OPTION
SALES TAX FOR THE CArITAL NEEDS OF EDUCATION .
County Manager O'Neal reported Nash County is seeking support
of the New Hanover County Board of Commissioners for adoption of a
resolution that will give counties authority to enact an additional
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 229
local option sales tax for capital needs of education. Due to the
increasing need of funds to provide adequate facilities, the Nash
County Board of Commissioners voted unanimously to seek legislative
authority for the additional local option sales tax.
Chairman Greer commented on being in favor of adopting a
resolution and stated, in his opinion, this i3 an excellent idea.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt a resolution seeking legislative authority to allow
counties to enact an additional local option sales tax for the
capital needs of education. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 16.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a regular
meeting of the Water & Sewer District at 10:40 P.M.
Chairman Greer reconvened to Regular Session at 11:07 P.M.
ADDITIONAL ITEMS - COUNTY MANAGER
Appointment of County Manager O'Neal to Serve on the Planning
Committee of Cape Fear community College
County Manager O'Neal reported Mr. Chuck Agnoff, a member of
the Cape Fear Community College Board of Trustees and Chairman of
the Planning committee, has requested that a County Commissioner or
the County Manager be appointed to serve as a member of the
Planning Committee for Cape Fear Community College. The purpose of
the committee is to identify trends and other data necessary for
developing plans and goals for the College.
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Motion: After discussion, commissioner Sisson MOVED, SECONDED by
Commissioner Barone to appoint County Manager O'Neal and/or his
designee to serve on the Planning Committee for Cape Fear Community
College. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Adoption of a Resolution to Ensure Appropriate Use of County Funds
Allocated to Non-County Agencies
County Manager O'Neal reported Commissioner Sisson requested
Staff to prepare a resolution to ensure appropriate use of County
funds allocated to non-county agencies. If the resoluti(;m is
adopted by the Board, all non-county agencies will be notified and
this resolution will be incorporated into the contracts with non-
county agencies for the next year.
Motion: commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adopt the resolution. The floor was opened for discussion.
Chairman Greer expressed concern for the wording in the last
paragraph which seems harsh and recommended changing the verbiage.
county Attorney Copley recommended amending the resolution to
read as follows:
The Board of County Commissioners reserves the right to make
on site visits, request information, and conduct performance
aUdits/reviews to ensure that County funds are spent for the
purpose for which they were allocated.
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Amended Motion: commissioner Sisson AMENDED THE MOTION, SECONDED
by Commissioner Barone to adopt the resolution with the amended
language as recommended by the County Attorney. Upon vote; the
MOTION CARRIED UNANIMOUSLY. .
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MINUTES OF REGULAR MEETING, AUGUST 8, 1994
PAGE 230
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 16.
Announcement of Invitation from the City of Wilmington to visit
Savannah, Georgia, Georgetown, Charleston, and Beaufort, South
Carolina to Observe the Manner in which These Communi ties have
Addressed Tourism, Boating Access, and Parking .
County Manager O'Neal reported the city Manager has invited
the Commissioners and members of the Manager's Staff to take a trip
on August 18-19 to visit the cities of Savannah, Georgia,
Georgetown, Charleston, and Beaufort, South Carolina, to see how
these cities have addressed boating access, tourism, parking,
historic preservation, entertainment, retail, etc. He asked if any
Commissioners would like to accept the invitation?
After discussion, Chairman Greer expressed appreciation for
the invitation and directed the County Manager to select a member
from his Staff to go on the trip.
Authorization to Proceed with Appointment of the New Hanover county
Criminal Justice partnership Advisory Board
Deputy County Manager, Andrew J. Atkinson, requested
authorization to move forward with appointment of members to serve
on the New Hanover County Criminal Justice Partnership Advisory
Board. In order to ,be eligible to receive grant funds in the amount
of $155,835.55, the County should move forward with appointment of
the Advisory Board as soon as possible. The grant funds will be
used, to plan and implement a program that will serve offenders
sentenced to non-incarcerative intermediate punishments, or
offenders in confinement awaiting trial. The enabling legislation
is very explicit and will require an extensive amount of work to
prepare a grant application by April 15, 1995. According to the
enabling legislation, a County Commissioner can be appointed to
serve on the Advisory Board; however, this is not mandatory.
Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
authorize Staff to move forward with the appointment of members to
serve on the New Hanover County Criminal Justice Partnership
Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Resolution in Support of the Cape Fear River Program
Commissioner Caster, the County's representative on the Cape
Fear River Program, requested adoption of a resolution to support
the proposed Cape Fear River Program in order to assist the group
to obtain grant funds from the N. C. Rural Center. The Board has
informed him that New Hanover County will not be requested to
participate in funding of the program.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to adopt the Resolution of Support for the Cape Fear River 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 16.
Status Report on Hiring a Director for the Southeastern Center
Commissioner Sisson reported the two finalists to
interviewed for the Director's position should be decided on by
end of this week. Hopefully, a new Director will be hired by
end of september.
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Report on 1994 National Association of Counties Conference
Chairman Greer reported the conference was most informative
with many programs presented on the major problems confronting
county government. He announced that commissioner W. B. Teague,
Jr. from Alamance County was elected to serve ,on the 'National
Association of Counties Board of Directors; The North Carolina
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PAGE- ;2 3fl1
Delegation was pleased to have a director from North Carolina on
the national board.
Discussion of Letter Received from Ms. Louise McColl, Chairman of
the Board of Directors of the cape Fear Coast Convention and
visitors Bureau
Commissioner Barone reported on the letter received from Ms.
Louise- McColl, Chairman of the Convention and visitors Bureau,
relative to the need for placement of a sign on the corner of
Market & 3rd streets to better identify the location of the
Information Center; approval for redesign of a more visible sign in
front of the Courthouse; and a requedt for ten additional parking
spaces for visitors in the lot adjacent to the Courthouse. She
requested the County Manager to review this request and report back
to the Board of County Commissioners as to how these concerns can
be addressed.
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Discussion of Terms for New Hanover Regional Medical Center Board
of Trustees
County Attorney Copley reported Dumay Gorham, the attorney
representing New Hanover Regional Medical Center, has requested
that terms for new trustees begin on the date of the October Board
of Trustees meeting (not October 1) and end three years later on
the date of the October Board of Tru~tees meeting.
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Consensus: It was the consensus of the Board for the terms of new
hospital trustees to begin on the date of the October Board of
Trustees meeting and end three years. later on the date of the
October Board of Trustees meeting.
ADJOURNMENT
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Chairman Greer adjourned the meeting at 11:32 P.M.
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Lucie F. Harrell
Clerk to the Board
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