1995-01-03 Regular Meeting
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M!INUTES~'OF REGULAR MEETING, JANUARY 3, 1995.'
PAGE-'44'4
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ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, January 3, 1995, 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: 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
Deputy County Manager, Andrew J. Atkinson,
invocation.
gave the
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
No comments or items were received.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Item 3, and Commissioner
Barone requested removal of Items 7 and 8 from the Consent Agenda
for further discussion in Regular Session.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to remove Items 3, 7, and 8 from the Consent Agenda and
approve the remaining items as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
held on December 19, 1994, as presented by the Clerk to the Board.
Appointment of Harold P. Scott and Thomas E. White to Serve on the
Firemen's Relief Fund Board
The Commissioners appointed Harold P. Scott to replace Richard
Dunlea, Jr., and Thomas E. White to replace Mr. Robert Ashworth,
Jr. on the Firemen's Rel'ief Fund Board as recommended by the
Seagate Volunteer Fire Department. The North Carolina Department
of Insurance administers the Fireman's Relief Fund.
Adoption of Resolution Approving the New Hanover International
Airport Water System Local Water Supply Plan
The Commissioners adopted a resolution approving the New
Hanover International Airport Water System Local Water Supply Plan,
dated December 20, 1994, to be submitted to the N. C. Department of
Environment, Health and Natural Resources, Division of Water
Resources. This plan is to be revised to reflect changes in
relevant data and projections at least once every five years or as
otherwise requested by the N. C. Department of Environment, Health
and Natural Resources in accordance with N.C.G.S. 143-355(1).
A copy of the resolution is hereby incorporated as a part of
the minutes and is-contained in Exhibit Book XXII, Page 26.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
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Adoption of Resolution Approving the Local Water supply Plan for
the Flemington Water system
The Commissioners adopted a resolution approving the
Flemington Water System Local Water Supply Plan, dated December 20,
1994, to be submitted to the N. C. Department of Environment,
Health and Natural Resources, Division of Water Resources. This
plan will be revised to reflect changes in relevant data and
projections at least once every five years or as otherwise
requested by the N. C. Department of Environment, Health and
Natural Resources in accordance with N.C.G.S. 143-355(1).
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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 26.
Budget Amendment #95-0099 - Animal Control Facility
The Commissioners approved the following Budget Amendment to
decrease the installment payment budgeted for payment on the Animal
Control Facility. Because of the increase in interest rates, it is
prudent to appropriate fund balance to fund the cost of the
facility.
Budget Amendment #95-0099 - Commissioners/Non-Departmental/Transfer
to Other Funds
Debit
Credit
commissioners
Appropriated Fund Balance
$572,652
Non-Departmental
Installment Payment
$190,000
Transfer to Other Funds
Transfer to Capital Projects
,
$762,652
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Report of Budget Amendment #95-0095 for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes: .
Non-Departmental/Environmental Management
Debit
Credit
Non-Departmental Transfer to Other Funds
Transfer Out-Environmental Management
$609,452
Non-Departmental Principle on Bonded Debt
Principle on Bonded Debt
$465,000
Non-Departmental Interest on Bonded Debt
Interest on Bonded Debt
$144,452
Environmental Manaqement/Landfil1 Operations
Debt Service $609,452
Environmental Manaqement
Transfer In/General Fund
$609,452
Purpose: To move the debt service from the 1993 Solid Waste
Special Obligation Bonds into the General Fund because these bonds
are secured by general fund revenue as recommended by McGladrey &
Pullen CPAs, the County's external auditors. This change is for
accounting purposes only as approved by the Board of County
Commissioners on December 5, 1994.
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Report of Budget Amendment #95-0098 - Human Services Transportation
The following Budget Amendment was approved by the Budget
Officer and is being reported for the record:
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
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Budget Amendment #95-0098
Human Services Transportation
Debit
Credit
Human Services Transportation
DOT 18-B-2 Vans (Federal)
DOT Vans-18 (State)
$1,187
255
Human Services Transportation
Motor Vehicles
TDP Match
$1,695
$ 253
Purpose: To record radios for vans received in FY 1995 from FY
1994 grant.
Approval of Budget..Amendment #95-0100 - Planning Department
The Commissioners approved the following Budget Amendment:
95-0100 Planning Department
Debit
Credit
Planninq Department
CAMA Grant
$10,608
CAMA Flow Thru
.printing
Departmental Supplies
Training & Travel
Part-Time Salaries
$4,028
$ 500
$ 250
$ 250
$5,580
Purpose: To budget additional CAMA grant funds from the State.
Ratification of Appointments to the New Hanover County Human
Relations Commission
The Commissioners ratified the appointment of the following
persons to serve on the Human Relations Commission by the
appropriate affiliation. Mrs. Cavenaugh and Mr. Teed were
.app,ointed some time ago, but their names were not submitted for
'ratification by the Board of County Commissioners.
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Name
Janice Cavenaugh
Term Expires
12/31/95 (unexpired)
Affiliation
Board of Education
John Teed
12/31/95 (1st Term)
Chamber of Commerce
Bessie Funderberg
12/31/97 (2nd Term)
NAACP
Authorization for New Hanover county to Enter into an Agreement
with the General Electric company for an Off-site Emergency
Response Program and Approval of Budget Amendment #95-0106
Emergency Management (Consent Agenda Item 3)
Chairman Greer inquired as to whether the contract should
place a limit on the amount of liability that could be incurred by
the County if an incident should occur under this program?
county Attorney Copley explained that the party involved would
have to prove that the County
program, which in her opinion,
f91lows the plan.
was negligent in preparing the
would not occur if the County
Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve Consent Agenda Item 3 authorizing the County to enter
.into an agreement with the General Electric Company acting through
its Nuclear Energy Production Component, to develop an Off-site
Emergency Response Program in the event of a chemical or
radiological release or hazardous materials incident near the
General Electric Plant, and to approve the associated Budget
Am~ndment as listed below. The County Manager was authorized to
execute the contract documents.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 44?
Budget Amendment 95-0106 - Emergency Management
Debit
Credit
Emerqencv Manaqement
Contribution
$15,000
Salaries & Wages
FICA
Departmental Supplies
Training & Travel
Capital Outlay - Equipment
$ 3,800
$ 290
$ 3,410
$ 1,200
$ 6,300
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Purpose:
Emergency
Program.
To budget contribution from General Electric for
Management to provide an Off-site Emergency Response
Acceptance of Planning and Management Grant Through the N. C.
Coastal Management Program for Development of a Watershed
Management Plan for Futch Creek (Consent Agenda Item 7)
Commissioner Barone requested a definition of the in-kind
match in the amount of $4,025?
Assistant County Manager, Dave Weaver, reported this figure
represents the amount of staff time that will be involved in the
preparation of the Watershed Management Plan for Futch Creek.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to accept the Planning and Management grant through the N. C.
Coastal Management Program for development of the Watershed
Management,Plan for Futch Creek as presented by Staff. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Adoption of Resolution to Exempt New Hanover county Projects from
the Procurement Procedures Set Forth in G.S. 143, Article 3D, for
ArChitectural, Engineering and surveying Services for Projects Less
than $30,000 (Consent Agenda Item 8)
Commissioner Barone inquired as to the current amount of
projects that fall under the exemption?
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Finance Director, Bruce Shell, explained that the $30,000
figure had not changed, but the proposed resolution was being
presented for approval to ensure that all procedures have been
followed under the General Statutes.
MOTION: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution to exempt New Hanover county projects
from the Procurement Procedures set out in G.S. 143, Article 3D,
for architectural, engineering and surveying services for projects
less than $30,000. 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 26.
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PRESENTATION OF NEW HANOVER COUNTY COMPREHENSIVE ANNUAL FINANCIAL
REPORT BY MCGLADREY , PULLEN FOR FISCAL YEAR ENDED JUNE 30, 1994
Mr. Sam Rose, representing McGladrey & Pullen, presented the
New Hanover County North Carolina Comprehensive Annual Financial
Report for the Fiscal Year ended June 30, 1994. He presented
background information on the compilation of the report and
commended the Finance Department for an excellent job in preparing
the report. He also expressed appreciation for the cooperation
received from all departments during the audit review.
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The following highlights of the report were presented:
1. The financial statements as presented fairly represent
the financial condition of New Hanover county as of June
30, 1994, and have been prepared in accordance with
generally accepted accounting principles for local
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
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PAGE 448
governments as prescribed by the Governmental Accounting
Standards Board and the American Institute of certified
Public Accountants.
Opinions on overall compliance to material respects was
excellent. There are some internal control weaknesses
listed on Pages 220, 221, 222, 226, and 231 and the
Finance Department has been requested to pay particular
attention to these items.
There was a tremendous amount of change in the County
during the past year, particularly in accounting
procedures. Some changes were reflected in the component
units and blended component units. The New Hanover
County Alcoholic Beverage Control Board, New Hanover
Regional Medical Center, and New Hanover County Airport
Authority were discretely presented as component units
and in a manner similar to an enterprise fund.
A significant accounting change was made related to the
Environmental Management Enterprise Fund. In previous
years, the County was not required to recognize the
closure cost of cells related to landfill activities.
Under the new procedure, an estimate was made of post
closure costs until the year 2050. This cost estimate
represented a $2.6 million liability in the Balance Sheet
as of June 30, 1994. As a result of reducing the tip fee
at WASTEC, the County incurred a loss of $2.3 million in
the Environmental Management Fund versus a $253,000 gain
last year.
Chairman Greer inquired as to whether the $2.6 million
brings the County up to date on closure costs? Mr. Rose
responded this figure brings the County up through June
30, 1993.
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Deputy County Manager, Andrew J. Atkinson, reported this
accounting procedure provides for allocating costs as the
landfill is used instead of waiting until the cells are
closed to appropriate funds. Also, the Environmental
Management loss of $2.3 million was presented on a full
accrual 'basis instead of a budgetary basis, which
reflects the loss at approximately $350,000.
5. The property tax collection rate for New Hanover County
increased from 97.78% to 98.56%, which is above the State
average for similar size counties with populations of
over 100;000.
6. The fund balance as of June 30, 1994, was 19.1% compared
to 19.4 % last year.
In summary, Mr. Rose reported New Hanover County is in
excellent financial condition and stated he would be glad to answer
questions.
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Motion: After discussion of New Hanover County being financially
sound and the excellent job performed by the Finance Department,
Vice-Chairman Mathews MOVED, SECONDED by commissioner Barone to
accept the financial report as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the,report is on file in the Finance Department.
ADOPTION OF ORGANIZATION STRUCTURE FOR THE HUMAN RELATIONS
COMMISSION
County Manager O'Neal informed the Board that in order to
ensure clarity of responsibilities between the county Manager and
the Human Relations Commission as to supervisory roles involving
the Director of Human Relations, numerous meetings were held with
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 449
members of the Human Relations Commission and County Staff. As a
result of these meetings, the Human Relations Commission expressed
the following concerns: (1) being allowed to participate in the
selection process of a Director for the Human Relation~ Department;
(2) being involved in the evaluation of the Director with the
County; and (3) being involved in the termination procedures. It
was made clear that the ultimate authority to terminate the
Director of the Human Relations Department would be made by the
County Manager.
In summary, the Commissioners are requested to adopt the
following policies as the organization structure for the Human
Relations Commission:
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1. Recruitment and Selection Procedures
2. Disciplinary Procedures
3. Performance Review Procedures
4. Release of Personnel Records
Chairman Greer reported that changing the title from Executive
Director to Director was discussed at the Staff Meeting and it was
generally agreed that the title should be changed'. He also
referenced Paragraph 5 on Page 3 under the Recruitment and
Selection Procedures and recommended removing the names of
newspapers.
commissioner Sisson recommended using the following language
in Paragraph 5:
"Notice of the vacancy will be distributed through the
normal outlets, for example this might include...."
Chairman Greer referenced Page 5 under the first paragraph,
which states that no disciplinary action may be taken against the
Executive Director of the Human Relations Commission without prior
approval of the County Manager or his designee, and inquired as to
why this statement was necessary?
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County Manager O'Neal responded that the purpose of this
statement was to show that the County Manager or his designee would
be the person to make the final decision on a disciplinary action,
not the Human Relations Commission. The policies were prepared to
clearly define the responsibilities between the Manager and the
Human Relations Commission as it relates to supervisory roles
involving the Executive Director.
Motion: After further discussion, commissioner Barone MOVED,
SECONDED by Commissioner Sisson to adopt the policies as presented
for the organization structure for the Human Relations Commission
wi th the recommended amendments: (1) amend Paragraph 5 of the
Recruitment and Selection Procedures to read as follows: "Notice
of the vacancy will be distributed through the normal outlets, for
example this might include..."; and (2) change Executive Director
to Director ~hroughout the Ordinance in the New Hanover County Code
and in all other policies. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
County Manager O'Neal complimented Deputy County Manager
Atkinson for an outstanding job in serving as the "Acting Director"
of the Human Relations Department, which has enabled Staff to work
with the Human Relations Commission in preparing the policies and
procedures that were presented.
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ADOPTION OF RESOLUTION TO GUARANTEE FUNDING TO THE CITY OF
WILMINGTON FOR EXPENSES INCURRED WITH DEMOLITION OF THE DOWNTOWN
PARKING DECK
Chairman Greer announced this resolution was presented on
December 5, 1994, at which time, action was deferred until January
3, 1995.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 450
commissioner sisson recommended changing the resolution to
reflect that tax money accruing from this project would be
earmarked for school maintenance and renovation. In his opinion,
this would be beneficial to both City and County residents.
Chairman Greer expressed opposition to the proposed amendment
because of a legislative goal that will allow counties to adopt a
local option sales, tax to be used for school capital needs.
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commissioner sisson reported based on this fact, he will
withdraw the proposed amendment; however, if the General Assembly
does not approve the local sales tax option, he would like to
revisit this issue.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adopt the resolution to guarantee funding in an amount
not to exceed $600,000 over a five-year period to offset the
operating loss resulting from the demolition of the parking deck,
and to pay the City of Wilmington a sum not to exceed $400,000 if
the downtown office building project should be terminated before
December 31, 1996, through no fault of the City. The floor was
opened for discussion.
commissioner Barone reported on being supportive of the PPD
project, but expressed concern about taxpayers being annexed and at
the same time being asked to contribute to a City project. She,
also, expressed concern for not allowing other firms to submit
proposals.
Substitute Motion: commissioner Barone made a SUBSTITUTE MOTION to
, delay action for 30 days to allow other firms to submit proposals
i for consideration under the same terms and conditions. The floor
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was opened for dlScusslon.
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commissioner Sisson inquired as to whether there was another
firm interested in the site?
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commissioner Barone responded she felt the process should be
opened to all interested firms.
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Chairman Greer called for a SECOND TO THE MOTION. NO SECOND
WAS RECEIVED.
commissioner Barone WITHDREW THE SUBSTITUTE MOTION.
Chairman Greer calJed for a vote on the ORIGINAL MOTION for
adoption of the resolution as presented. Upon vote, the MOTION
"CARRIED UNANIMOUSLY.
A copy of the "resolution is hereby incorporated as a part of
th~ minutes and is'contained in Exhibit Book XXII, Page 26.
i BREAK
Chairman Greer called a break from 7:24 P.M. until 8:45 P.M.
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PUBLIC HEARINGS
,,i Chairman Greer announced that Mr. Philip Owensby had requested
the Board to hear the Landmark Developers' rezoning petition before
his appealed case ~ecause the outcome could affect his case.
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Consensus: After' no opposition from the public, it was the
"consensus of the Board: to hear the Landmark Public Hearing first
instead of second as listed on the agenda.
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PUBLIC HEARING TO 'CONSIDER A REQUEST BY LANDMARK DEVELOPERS TO
R~ZONE-62.5 ACRES ON THE WEST SIDE OF NORTH COLLEGE ROAD AND EAST
> ciF~NORTH KERR AVENUE TO, CONDITIONAL USE 1-1 INDUSTRIAL (39.8 ACRES)
,!'AND CONDITIONAL USE:,B,.;2' BUSINESS (22.7 ACRES) FROM R-15 RESIDENTIAL
f (Z';.518, 12/94) '""yo
7 Chairman Greer opened the Public Hearing and announced that
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PAGE 451
Conditional Use zoning requires issuance of a Special Use Permit;
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
Chris Stephens
Margaret Gray
Terry Wilkerson
Joel Rhine
R.M. Dougherty
Sheila Dougherty
Louis Lamb
Lenora Padgett
Barney L. Padgett
Sharon S. Herring
David Henry, Jr.
Joanne Lanio
Martha Cameron
Tony Cameron
Donald Marlowe
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Planning Director, Dexter Hayes, reported the Planning Board
voted to rezone the property with several modifications contingent
upon the following design conditions:
1. Rezone Lots 2 through 4, Lots 14 through 27, and the
cemetery parcel to Conditional Use 1-1, excluding the
triangular area in the southwest perimeter of Lot 21 and
the northwest perimeter of lot 26.
2.
Rezone Lots 10 through 13 and the retention pond area to
Conditional Use B-1, excluding a small triangular area
adjacent to Parcel H owned by Jerry Raynor.
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3. Establish a minimum 75 foot buffer along the west side of
North Kerr Avenue adjacent to Lots 21 through 26.
4. Limit the height of buildings along the North Kerr Avenue
Road frontage to two stories or 30 feet.
5. Exclude the following uses for eligibility from the 1-1
District portion of the project: (a) adult entertainment
establishments; (b) septic tank services; (c) Dry
cleaning plants; (d) noise sensitive uses; and (e)
buildings used primarily as places of assembly, such as
schools, churches, day care services and related uses.
6. No manufacturing activities shall be permitted on Lots 21
through 26 until a separate Special Use Permit has been
obtained.
7. All signage must comply with the Special Highway Overlay
District standards for area and height.
8.
Require turn lanes for the North Kerr Avenue entrance
subject to NCDOT design standards.
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The cemetery must be preserved as a separate parcel, and
appropriate access granted to the caretakers or future
owners as applicabl~. '
A number of residents from the Farmington SUbdivision, located
on the west side of North Kerr Avenue across the street from the
project, spoke in opposition to the plan. They felt that a planned
industrial development would reduce the property values, increase
traffic hazards in an area already sUffering severe congestion, and
possibly create health risks by introducing the handling 'of
hazardous materials in close proximity to residential uses. An
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 452
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attorney was retained by one of the neighbors, and he offered
similar arguments at the Planning Board meeting. He argued that
the site plan as submitted was insufficient because .the exact land
uses planned for each lot were not illustrated. The modifications
and conditions imposed by the Planning Board and generally agreed
upon by the applicant reduced some of the concerns expressed by the
surrounding neighborhoods. It should be noted, however, that
several residents still oppose the plan as long as access is
permitted to North Kerr Avenue.
Planning Director Hayes reported the applicant seeks to
establish two distinct conditional use districts as follows: one
for industrial use and one for business use.
1. The site consists of 62.5 acres with 22.7 acres proposed
for conditional use business and 39.8 acres for
conditional use industrial. The site would be subdivided
into 27 lots ranging in size from one to two acres.
2. There would be eight (8) business lots and nineteen (19)
industrial lots.
3. Access to the site and through the site would be by newly
constructed private roads connecting North College Road
with North Kerr Avenue. Turn lanes and acceleration
lanes will be installed per NCDOT requirements.
4.
Setbacks shall be in accordance with existing standards,
except that the site plan calls for the establishment of
a minimum 50 foot setback/buffer along the site's entire
perimeter excluding the North College Road frontage and
the area adjacent to the existing B-2 Business to the
north. No building is projected to exceed 35 feet in
height.
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5.
The site plan provides
construction timetables,
vegetation and drainage.
general
traffic
details concerning
impacts, on-site
Planning Director Hayes presented slides on the proposed site.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed conditional use
districts. The following comments were received:
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Mr. Chris Stephens, Vice-President of Landmark Developers,
reported on working for six months to prepare a zoning request that
would be satisfactory to adjoining property owners, New Hanover
International Airport, the N. C. Department of Transportation, and
the Planning Department. .After much discussion with the Airport
Authority and Airport Officials, it was concluded the property
should not be used for residential use because of the future
e~pansion of the Airport and its runways. Also, with the rapid
grpwth in this area, there is a definite need to provide business
services to the surrounding communities. The last new single-
family home construction was in 1976; therefore, the proposed
Conditional Use 1-1 and Conditional Use B-2 would be appropriate
for this tract of land. The Commissioners were requested to
approve the rezoning request as recommended by the Planning Board,
which is in compliance with the County's Policies for Growth and
Development.
Attorney Joel Rhine, representing the adjoining property
owners, commented ,on a petition already submitted to the Planning
Board reflecting 87 signatures in opposition to the proposed
r.ezoning, and he presented another petition with 45 additional
signatures, marked as Exhibit 1. The following concerns were
p~esented in opposition to the proposed rezoning:
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 453
1. The rezoning application fails to meet the County's
conditional Use District application requirements as
stated in section 59.7-3.2(c), Content of the
Application, which states the exact use of the property
must be known. The application does "not" show the exact
use of the property.
2 .
The policies for Growth and Development specifically
state that encroachment upon residential neighborhoods by
more intensive land uses shall be avoided. The proposed
use does not comply to this requirement. If approved,
the use "will" encroach more intensIve land uses on
several surrounding residential neighborhoods. The
residents of this area do not feel additional commercial
property is needed at this time and want this property to
remain residentially zoned.
3. Industrial Development policies: The city and County
shall encourage land use compatibility between the new
industrial sector and the residential and commercial
sector. The question to be answered is if the proposed
use is compatible? Out of 133 persons surveyed, 132
people feel the use is not compatible. In this case,
industrial uses will be placed in the front yards of many
residents, which is not a compatible use and will
decrease the value of the surrounding properties.
. Attorney Rhine reported the proposed rezoning does not comply
to the County's policies for Growth and Development nor does it
satisfy the four general requirements when granting a Special Use
Permit for the Conditional Use. To allow 18-wheeler trucks to use
North Kerr Avenue, which already is overcrowded with 6,800 cars
daily, will endanger the public health and safety of the residents,
particularly the safety to children, which was evidenced by the
recent death of a 9-year old child on this road. To place an
industrial park in the front yard of a residential neighborhood
will reduce the value of the properties, and this use will not be
in harmony with the area in which it is to be developed. Also, the
cemetery on the property must be protected in an orderly manner.
Attorney Rhine requested the Commissioners to deny the
rezoning request; however, if the request is approved, the
residents should be protected from having another access on North
Kerr Avenue, or require the applicant to exhaust all alternatives
to acquire other property in the area that would be more suitable
for the proposed use.
Chairman Greer inquired as, to whether the conditional use
district can be approved without knowing what will be constructed
on the specific lots?
Assistant County Attorney, Kemp Burpeau, reported discussion
was held with the Planning Director about this matter, and it was
felt that if the party showed a sample of the most intensive use,
the most demanding setbacks, and the most adverse possible use with
a list of prohibited uses, the spirit of the ordinance would be
fulfilled.
_ Commissioner sisson reported on the need to see building
footprints and asked if these had been provided?
Planning Director Hayes referenced the plan and reported that
on Lot 24, there is a 75 foot buffer that has been imposed with the
layout of the building in the corner showing the interior lot and
required landscaping with a 3-story typical configuration. This
type of plan has been accepted in the past; however, whether the
ordinance was intended to allow more than one lot to be approved at
a time under a conditional use, is not known because this issue is
not addressed in the ordinance. It was the opinion of the Planning
Staff that if the plan showed the layout of the worse use that
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 454
could occur on the property, and this situation was addressed with
a list of prohibited uses, this would be sufficient.
Commissioner sisson reported this was not the intent of the
conditional use district when the ordinance was approved. The
purpose of the conditional use was to review one parcel at a time,
and zoning cases with multiple lots were never envisioned.
Planning Director Hayes reported other projects have been
approved on the multiple lot basis, such as NorthChase with several
prohibited uses. If the Commissioners feel this should be changed,
the ordinance can be administered in a different manner.
Chairman Greer expressed concern for this being a gray area in
the ordinance.
Planning Director Hayes reported if the ordinance is amended,
each individual parcel would have to be approved on a lot-by-Iot
basis, which is quite timely.
Chairman Greer asked if some of the residents were in
agreement with this, plan being presented tonight?
Mr. Stephens responded that many of the neighbors were pleased
with the revised plan, particularly the residents of the Brierwood
Subdivision. Numerous meetings were held to understand the
concerns in the community. The Brierwood residents expressed a
desire to move County water and sewer closer to the subdivision;
the need to have buffering-in the area; and the need to continue to
use a road on the property, which was addressed. Landmark has
'"tried to address the concerns through the modifications to the
'~ptan. The entire issue is the Airport and its future expansion
which does not make this site ideal for residential use. The
iritent of the use is to show the most stringent uses and the
required setbacks. As to the traffic and speed limit on North Kerr
Avenue, Landmark is also concerned about the safety of children,
'and the Planning Board is writing a letter to the N. C. Department
'of~'.Transportation (NCDOT) to see if the speed limit can be reduced;
lhowever, it appears NCDOT will not reduce the speed limit more than
tep miles per hour.
Commissioner sisson inquired as to whether a survey has been
performed on the number of graves in the cemetery?
"
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Mr. Stephens responded that Landmark had not performed a
survey and was not aware of any other graves in the area. After
meeting with Mrs. Gertrude Moore, who owns the cemetery, Landmark
agreed to allow the ownership to remain unchanged and the right of
acpess to be maintained. with the proposed fencing and buffering,
t~~ size of the cemetery will be doubled.
~'
Ms. Joanne Lanio reported a majority of the residents were not
no~ified when Landmark held their meetings nor were residents
living on Gordon Road and No~th Kerr Avenue. In her opinion, a
'person's residence is the- largest investment made during a life
time, and to allow an industrial park to locate across the street
in' front of homes in a residential area is not fair. This will
devalue the surrounding properties of 132 residents, and the
Commissioners were urged to protect the surrounding residential
properties by denying the rezoning request.
Chairman Greer inquired as to whether persons were notified on
North Kerr Avenue and Gordon Road?
Planning Director Hayes reported all adjacent property owners
aS,shown on the map were notified; however, the residents on North
'Kerr Avenue were not notified because they were not adjacent
"property owners.
J
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 455
commissioner sisson expressed concern for the residents of
North Kerr Avenue not being notified and stated this lack of
notification has occurred several times because properties were not
adjacent to the site being rezoned. He recommended using a radius
area around the site as the criteria for notifying property owners.
Attorney Rhine, again, pointed out the unfairness of an
industrial park being placed in the front yards of 132 people who
do not want commercial development. The Commissioners were urged
to know all the facts about the site before granting the
Conditional Use District.
Mr. Donald Marlowe, a resident in front of the proposed
industrial park, commented on the negative impact of the proposed
plan to his home and community. He expressed concern for the small
pine trees on the proposed buffer area, and the increase of traffic
on an already congested road, and stated, in his opinion, the
developer is only interested in making money. The Commissioners
were urged to deny the request.
Chairman Greer closed the Public Hearing.
commissioner sisson inquired as to the depth of Lots 22 and 23
after taking into account the 75 foot buffer?
Ms. Gray responded 200 feet.
commissioner sisson reported the residential area could be
protected by not permitting an access road on North Kerr Avenue.
Also, another alternative would be to reduce the industrial part of
the development by removing Lots 18-21 and Lots 22-27 with location
of a cul-de-sac instead of an access road on North Kerr Avenue.
'" Planning Director Hayes reported the County requires a '1,000
foot length for a dead end cul-de-sac. If a cul-de-sac was
installed, the only access to the property would be off of College
Road. 'There is property for sale off of Gordon Road that might
provide another access to the south; however, this would require
the purchase of additional land. He reported from a strategic
transportation point of view, if, and when, the connector from
Gordon Road to North Kerr Avenue is constructed in accordance to
the Thoroughfare Plan, which is shown on the petitioner' splan,
this would provide an excellent access to the southern part of the
property. After discussion of constructing a cul-de-sac and the
need to have a second access, the Planning Board decided to address
this matter by requiring North Kerr Avenue to be widened with turn
lanes .installed subject to DOT design requirements. "
commissioner sisson expressed concern for turn lanes not being
the answer to an already hazardous traffic situation on North Kerr
Avenue and stated, in his opinion, to zone this area to an
industrial district would be a disaster.
Mr. Stephens reported Landmark would have no problem with
providing a cul-de-sac if County standards were not exceeded;
however, the Planning Board felt that emergency access must be
considered, which would be a problem with a dead end cul-de-sac.
commissioner sisson recommended acquiring an alternate access
via Gordon Road.
Mr. Stephens responded that acquiring the access might be
difficult since the property is semi-developed with construction of
a road and possibly some sewer.
Chairman Greer inquired as to whether the conditional use
zoning can be approved contingent upon providing an alternate
access that would not be located on North Kerr Avenue?
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 456
Planning Director Hayes responded that the case would have to
be continued in order for the plan to be modified to reflect an
alternate access.
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Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to
continue the Public Hearing to allow the petitioner to see if an
al ternate access could be established other than on North Kerr
Avenue or if a cul-de-sac could be developed under acceptable
County standards. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the, petition presented by Attorney Rhine, marked
Exhibit I, is on file in the Planning Department under the case
file.
PUBLIC HEARING TO CONSIDER AN APPEAL BY PHILIP OWENSBY TO REZONE
1.92 ACRES AT 2016 FARLEY ROAD TO B-2 BUSINESS FROM AR AIRPORT
RESIDENTIAL (Z-510, 10/94)
Planning Director Hayes reported this is a continued item from
the December 5, 1994, meeting at the request of Mr. Philip Owensby.
The Planning Board voted unanimously to recommend denial "of the
applicant's petition feeling that the site did not have direct
access to any road currently designated on the County's
Thoroughfare Classification Plan, a crucial requirement for the
establishment of non-residential zoning districts. There was no
public opposition expressed at the Planning Board meeting.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed rezoning. The
following remarks were received:
e
Mr. Phillip Owensby, the petitioner, reported when this case
was continued last month, he was not aware the petition could be
modified. Since the Landmark request was just continued and his
,prpperty is adjacent to the site, he would like to modify the plan
from B-2 Business to 1-1 Conditional Use in order to be more
; compatible with the Landmark zoning.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to allow Mr. Owensby to resubmit his petition from B-2 to 1-1
Conditional Use in conjunction with the Landmark request. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN CHAUVIN TO REZONE .89
~F1AN ACRE ON THE SOUTH SIDE OF GORDON ROAD WEST OF MARKET STREET
TO 0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-520, 12/94)
Chairman Greer opened the Public Hearing.
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Planning Director, Dexter Hayes, reported the Planning Board
agreed with Staff that the proposed zoning would be appropriate for
the site. They noted that non-residential zoning east and west of
the property had reduced residential appeal for single family uses.
Tney also noted the 'area between Market Street and the Dutch Square
Industrial Park was in a state of transition, which supported the
development of uses more compatible with the general area. One
adjoining property owner of Parcel D told the Planning Board that
rezoning the site would lead to further zoning changes and more
intensive uses as well as negatively affect the use of his property
foi residential purposes.
Chairman Greer inquired as to whether anyone from the general
public would like' to comment on the proposed rezoning. The
~~llowing remarks were received:
Mr. John Chauvin; the petitioner, reported since the land is
between commercial properties, the best use of the site would be 0-
'I,<Office and Institution. 'The proposed zoning is consistent with
'"
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 457.
the County's policies for Growth and Development, and the
Commissioners were requested to approve the request as submitted.
Mr. Wayne Lewis, an adjacent property owner, expressed
opposition to the proposed rezoning because of the negative impact
to his property and the encroachment of commercial development into
a residential neighborhood with the construction of a multi-level
office building. He requested the Commissioners to deny the
rezoning request.
Chairman Greer closed the Public Hearing.
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commissioner Barone inquired as to whether there is a height
restriction?
Planning Director Hayes responded there is a height
restriction of 40 feet.
Mr. Chauvin reported he did not plan to construct a four-story
building on the site and stated the design, scale, and use will be
compatible with the area.
Commissioner sisson reported
where a conditional use zone
transitional area.
this is a
should be
classic example of
established in a
Mr. Chauvin reported the original request was
conditional use zone; however, this would requ~re 25%
existing home space, which would not leave enough space
building.
for a
of the
for the
Motion: After further discussion, Commissioner Barone MOVED,
SECONDED by Commissioner Caster to rezone .89 of an acre on the
south side of Gordon Road west of Market Street to 0-1 Office and
Institution from R-15 Residential as recommended by the Planning
Board. The floor was opened for discussion.
o
commissioner sisson commented on Staff feeling that the zoning
should be approved with the understanding that further expansion of
non-residential zoning should only be considered east of Dutch
square, and he requested the motion to be amended to include this
recommendation.
commissioner Barone reported she was not comfortable with
including the recommendation in the motion.
Substitute Motion: After further discussion of the need to better
control the site plan, Commissioner sisson MOVED, SECONDED by Vice-
Chairman Mathews to allow the petitioner to apply for a Conditional
Use 0-1 for the property. Upon vote, the MOTION DID NOT CARRY AS
FOLLOWS:
voting Aye: Commissioner sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Commissioner Caster
Chairman Greer
o
Vote on original Motion: Chairman Greer called for a VOTE ON THE
ORIGINAL MOTION TO APPROVE THE 0-1 ZONING AS RECOMMENDED BY THE
PLANNING BOARD. Upon vote, the MOTION CARRIED AS FOLLOWS:
_Voting Aye: Commissioner Barone
Commissioner Caster
Chairman Greer
voting Nay: Commissioner Sisson
Vice-Chairman Mathews
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MINUTES OF REGULAR MEETING, JANUARY~, 1995
PAGE 458
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 I, Section 6, Page
58.
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PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY RUDIE MALPASS TO
REZONE 2.8 ACRES ON THE NORTH SIDE OF PINER ROAD TO CONDITIONAL USE
0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-520, 12/94)
Chairman Greer opened the Public Hearing and announced that
conditional use zoning requires issuance of a Special Use Permit;
therefore, any persons wishing to testify must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Planning Director Dexter Hayes
Nancy Williamson
Phillip Buriss
Planning Director Hayes reported the Planning Board had
originally recommended the same site be rezoned to general use
Office and Institution in October 1994. The Planning Board, again,
supported rezoning of this property and voted to recommend approval
of a Conditional Use District for the site pursuant to the plan
submitted with the following conditions:
A. On-site signage must be provided directing traffic
movements.
B. The site plan must be revised to reflect actual buffer
requirements, and off-street parking needs.
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C.
The site's uses be limited to general and professional
offices, medical offices and personal services.
D. site identification signage must be limited to the
standards imposed for the 0-1 District.
Chairman Greer inquired as to whether two buildings would be
placed on the site, and what would the setback be on the east side
of the site?
Planning Director Hayes responded two buildings will be
constructed on the site with parking on one side and buffering on
the side where the house is to be located. There will be a 10-foot
setback on the east side of the property.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed conditional use
district. The following remarks were received:
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Ms. Nancy Williamson, representing the petitioner, Rudie
Malpass, reported Monkey Junction has become a transitional area
with continuous growth of small businesses, restaurants, and
shopping 'centers for several years. At the present time, there is
no"office space in the area; therefore, this site would be an ideal
location for the use. The proposed plan and layout for the offices
wi'th buffered areas would be an asset to adjoining properties
because the unsightly, vacant structure on the site would be
removed. The Commissioners were requested to approve the rezoning
,request as recommended by the Planning Board.
Mr. Phillip Buriss, an adjacent property owner, asked if the
owner was planning.to construct a building, and if so when?
Commissioner Sisson explained that the person purchasing the
land must follow the site plan, which includes the buffer, the
reistrictions on the" height of the building, and the restricted uses
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MINUTES OF REGULAR MEETING, JANUARY ~, 1995
PAGE 459
of the building. A building permit must be obtained within 24
months once the zoning is approved.
Planning Director Hayes presented the following preliminary
staff findings:
General Requirement #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:
o
a. The site has access directly to piner Road.
b. The site is located within the Myrtle Grove Volunteer Fire
Department District.
c. county Sewer is available to serve the site. Water service
could be provided either by private well or existing community
systems in the area.
General Requirement #2: The proposed use meets all required
conditions and specifications of the zoning Ordinance based upon
the following findings:
a. A site plan has been submitted as required by the zoning
Ordinance to establish a conditional use district. Other
details and some revisions regarding off-street parking and
buffering are needed.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the use
is a public necessity based upon the following findings:
a.
Increased setbacks and wider buffers would provide some visual
relief to the existing residence on the west side of the
property.
o
b. The presence of Walmart Center and other retail uses would not
be impacted.
General Requirement #4: The proposed use is in general conformity
with the plan of development for New Hanover County based upon the
following findings:
a.
There is a wide variety of land uses in the area:
churches, a middle school, a large shopping center,
single-family residential uses. Land to the north
recently platted for residential development. Land to
.east is vacant.
two
and
was
the
, .
Chairman Greer asked the petitioner if she concurred with the
findings as presented.
....
Ms. williamson agreed with the findings as presented.
Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster
to rezone 2.8 acres on the northside of piner Road to Conditional
Use 0-1 Office and Institution from R-15 Residential pursuant.to
the plan submitted with the conditions as approved by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDER 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
42.
o
Motion: Vice-Chairman Mathews MOVED, SECONDED by commissioner
Caster to grant the Special Use Permit for the Conditional Use 0-1
Office and Institution District as recommended by the Planning
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 460
Board including the condi'tions listed as A-D based upon the
evidence presented concluding that 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; the proposed use does meet all required conditions and
specifications of the Ordinance; the proposed use will not
substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and the proposed use will be
in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover
County. 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 9.
PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES MATTES TO REZONE
'2.5 ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD SOUTH OF CATHAY
ROAD TO CONDITIONAL USE B-1 BUSINESS FROM R-15 RESIDENTIAL (Z~521,
12/94)
Chairman Greer opened the Public Hearing and announced that
conditional use zoning requires issuance of a Special Use Permit;
th~refore, any persons wishing to testify must be sworn in by the
'Clerk to the Board:
<
The following persons were sworn in:
Planning Director Dexter Hayes
Charles Mattes
Planning Director Hayes reported the Planning Board voted to
recommend approval of the request subject to the site plan
submitted and with the additional condition that no propane or
cbottled gas would be stored outside the fenced area as depicted on
~~the plan. The Planning Board felt the convenience food store
'::To!::ated next door virtually eliminated residential use of the
:~,subject parcel and that conditional use zoning would be appropriate
;'bewcause it offered the opportunity to control the land use and site
, design as well as any impacts on homes in Monterey Heights. There
.:~iW~'~' no opposition 'present at the Planning Board meeting.
"'11
Planning Director Hayes reported the applicant seeks to
establish a retail operation specializing in the sale and service
of outdoor cooking grills.
Planning Director Hayes presented the following preliminary
Staff f.indings:
G~neral Requirement #1: The proposed use will not materially
en~anger the public health or safety if located where proposed and
d~veloped according to the plan as submitted and approved based
u~?n the following findings:
a. The site is located in the Myrtle Grove Volunteer Fire
Department District.
b. The property has direct access to Carolina Beach Road.
General Requirement #2: ',The proposed use meets all required
cohditions and specifications of the Zoning Ordinance based upon
the following findings:
~
a. A site plan ,pursuant to the requirements set forth for
conditional zoning has been submitted. The plan details
existing conditions and planned improvements.
,", .~
,b. The proposed -use is., permi tted by right in the B-1 Zoning
Classification.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 461
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the use
is a public necessity based upon the' following findings:
a. Adjacent property to the nqrth is used as a convenience food
store and gasoline sales.
b. Non-residential uses would impact nearby lots in Monterey
Heights.
o
General Requirement #4: The proposed use will be in harmony with
the area in which it is to be located and in general conformity
with the plan of development for New Hanover County based upon the
following findings:
a. There is a wide variety of land uses along the immediate road
frontage. These include: two gift shops; a church, a
conven1ence food store and retail uses associated with
commercial districts located north and south of the subject
parcel.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed qonditional u.se
district. The following remarks were received:
Mr. Charles Mattes, the petitioner, reported on the site plan
and the effort being made to locate the business (The Grill House)
to the front of the site as far away as possible from Monterey
Heights. The construction of the building should begin within 40-
45 days, and a future addition will probably occur within two
years. He requested the Commissioners to approve the Conditional
Use B-1 Zoning District Classification as recommended by the
Planning Board.
. Commissioner sisson inquired as to whether the property ,behind
the storage area is part of the parcel, and will this portion
remain vacant?
o
".
Mr. Mattes responded the area is part of the parcel and this
portion will remain vacant.
. .
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion:. Commissioner Caster MOVED, SECONDED by Commissioner Barone
to rezone 2.5 acres on the west side of Carolina Beach Road 200
feet south of Cathay Road from R-15 to a Conditional Use District
B-1 with the condition that no propane or bottle gas be stored
outside the fenced area 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 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
43.
Chairman Greer asked Mr. Mattes if he concurred with the
findings of fact as stated by the Planning Director.
o
Mr. Mattes agreed with the findings as presented.
commissioner Sisson inquired as to how water and sewer would
be handled on the site?
Mr. Mattes reported this matter had not been addressed;
however, if a well and septic tank should be required, he would
comply to State and County regulations.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 462
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit contingent upon the provision of
potable water and acceptable sewerage disposal according to County
health regulations for the conditional use retail sales service
based upon the evidence presented concluding that 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; the proposed use meets all required conditions and
specifications of the Zoning Ordinance; the proposed use will not
substantially injure the value of adjoining or abutting property or
that the use is a public necessity; and the proposed use will be in
harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
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 9.
PUBLIC HEARING TO CONSIDER A REQUEST BY J. WILLOUGHBY TO CLOSE A
PORTION OF AN UNNAMED ROAD LOCATED ON THE SOUTH SIDE OF SILVA TERRA
DRIVE, SILVA TERRA SUBDIVISION (SC-63, 11/94)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the road contains a
compacted, lightly graveled surface and is 150 feet in length with
a GO-foot right-of~way. The remaining portion of the road (not
part of the petition to be closed) is very sandy and unstable for
vehicular passage to Horn Road. A field observation of the road
indicates that several vehicles have attempted to use this road to
gain access to Horn Road and other nearby streets. County
Engineering has indicated. that utility and/or drainage easements
will not be required.
At the present time, vehicular access into Silva Terra,
Arrowhead, and Huntington Forest developments is limited to
Carolina Beach Road.; Ilex Drive in Silva Terra provides the only
internal access to Silver Lake Subdivision located to the south.
Alternative and future access from Silva Terra to Horn Road and
other nearby streets may be eliminated if this road is closed.
Because of the limited access that Silva Terra and other
subdivisions in the area have available and the need to provide
efficient and timely delivery of services and emergency response,
the Planning Staff recommends that the unnamed road remain open.
commissioner
remain open with
Vehicle" use?
Sisson inquired as to whether the road could
a barricade and sign posted for "Emergency
County Attorney Copley reported a barricade could be placed
across the road with a sign informing persons that the road is
c+osed to vehicular traffic, other than emergency vehicles.
Chairman Greerfinquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. J. Willoughby, the petitioner, reported on the problems
being experienced with bikers and persons using the road in
unpleasant ways. He stated when he inquired as to whether he could
place logs across the road and post a sign showing that the road is
not open to traffic, he was informed by the Planning Department
that a road petition would have to be submitted to close the road.
He expressed concern for having to pay $400 to submit a petition to
close the road if this process was not necessary.
County Attorney Copley responded that her previous remarks
were based upon the road being officially closed.
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MINuTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 463
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to uphold the Planning Staff's recommendation and allow the
unnamed road to remain open. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
o
Voting Nay: Commissioner Caster
commissioner Sisson requested Mr. Willoughby to contact the
Sheriff's Department if the problems continue to occur in order to
have the road monitored.
PUBLIC HEARING TO CONSIDER A REQUEST FROM THE PLANNING DEPARTMENT
TO RENAME TWO PUBLIC ROADS AND ASSIGN HOUSE NUMBERS
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the roads are located three-
fourths of a mile south of the Holly Shelter Road/Blue Clay Road
intersection, on the east side of Blue Clay Road in the Woodhaven
Subdivision. A field examination reveals a pentagonal type road
network capable of serving over 65 residential homes. Several
roads within the Subdivision contain the street name Woodhaven
Drive. As the development continues to grow, the timely delivery
of public and private services may become confusing.
Adjoining property owners on two of the roads were given the
opportunity to select an unduplicated name or create a name for the
roads. Sunray Road (northern Woodhaven Drive) and Prosperity Lane
(eastern Woodhaven Drive) were chosen by a majority of the
residents that responded to the survey.
o
"
The Commissioners were requested to approve renaming the roads
as recommended and authorization to assign house numbers to the
roads and the original Woodhaven Drive.
,
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. John Hladik, the owner of Lot Zz as indicated on the map,
expressed concern for having to change his address because of the
cost involved with changing his business address, letterhead,
business cards, and other items.
Planning Director Hayes reported in order
vehicles to properly respond, the road names should
house numbers assigned for proper identification of
along Woodhaven Drive.
for emergency
be changed and
the residences
Chairman Greer closed the Public Hearing.
o
commissioner Sisson inquired as to how soon the addresses must
be changed?
Planning Director Hayes responded that once the road name has
been changed, the house numbers will be assigned. The U. S. Post
Office will continue to deliver mail to the old address for one
year. Also, one reason for moving forward with the road change is
because of the data being accumulated for the 911 Computer Aided
Dispatch System. If the Commissioners wish to establish an
effective date, the Planning Staff will be glad to comply to this
request.
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 464
Chairman Greer recommended establishing an effective date of
July 1, 1995.
Motion: Commissioner sisson MOVED, SECONDED by Chairman Greer to
rename the two public roads and assign house numbers on Woodhaven
Drive to Sunray Road and Prosperity Lane as recommended by the
Planning Department effective July 1, 1995. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
copies of the
incorporated as a part
Book XXII, Page 26.
ordinances and road order are hereby
of the minutes and are contained in Exhibit
PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION TO APPLY
FOR SECTION 18 FUNDING FOR FY 1995-96 FOR NEW HANOVER COUNTY
TRANSPORTATION SERVICES AND ADOPT THE TRANSPORTATION DEVELOPMENT
PLAN UPDATE
Chairman Greer opened the Public Hearing.
Director of Aging, Annette Crumpton, reported at a Work
Session held on December 15, 1994, the Commissioners granted
authorization to proceed with preparing a request for proposals for
a service provider, and authorization was given to proceed with a
,collaborative effort to work with the Wilmington Transit Authority
'an<;l other human services agencies to proceed with the general
pUblic ridership program. The Rockhill, Castle Hayne area has been
designated as the target area for expansion of the ridership
.program. The Commissioners were' requested to hold the Public
,.Hearing to apply for section 18 funds for FY 1995-96 and adopt the
:.Tr'ansportation Development Plan Update.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
There being no further comments, Chairman Greer closed the
Public Hearing.
.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution to authorize Staff to apply. for
"se"~tion 18 funding for FY 1995-96 and adopt the Transportation
Deyelopment Plan Update 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 26.
AD~ITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION 'OF PROCLAMATION DESIGNATING JANUARY 16, 1995, AS DR.
MARTIN LUTHER KING, JR. DAY IN NEW HANOVER COUNTY
, : Chairman Greer announced a resolution had been prepared to
d~signate January 16, 1995, as Dr. Martin Luther King, Jr. Day in
N~~ Hanover County...
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the resolution as presented.
Substitute Motion: Commissioner Barone MOVED, SECONDED by Chairman
,~ . . .
Gr~er to adopt the resolut~on w~ th an amendment to the NOW,
THEREFORE paragraph to~end after Dr. Martin Luther King, Jr. Day.
Upon vote, the MOTION ;CARRIED AS FOLLOWS:
"\ i ..A~~
'\:, ,
voting" Aye:
,
"
commissioner Barone
Vice-Chairman Mathews
Chairman Greer
'-
,
voting ,Nay:
~~, .;<'t~ .
, ')' "
commissioner Sisson
commissioner Caster
~
MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 46 5
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 26.
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 meeting
of the Water & Sewer District from 10:48 P.M. until 11:15 P.M.
I,
ADDITIONAL ITEMS - COUNTY MANAGER
o
Announcement of Letter to be Received on the Audit Report
County Manager O'Neal announced that the Finance Director will
prepare a letter explaining the increase in the fund balance in
figures instead of percentages as presented by Mr. Rose in the
Audit Report.
Discussion of Filling the Vacant Seat for the 4th District on the
North Carolina Association of county Commissioners' Board of
Directors
County Manager O'Neal reported on receiving a call from the
Brunswick CouDty Manager about filling the vacant seat for the 4th
District on the North Carolina Association of county Commissioners'
Board of Directors due to former Brunswick County Commissioner, Don
Warren, not being re-elected in November. The Brunswick County
Board of Commissioners would like to make an appointment from their
board to fill the unexpired term.
Consensus: After discussion of how the vacancy should be filled
since no specific rules are outlined by the N. C. Association of
County Commissioners, it was the consensus of the Board to allow
the vacancy to be filled by the Brunswick County Board of
Commissioners.
Vice-Chairman Mathews reported he had
with the President of the Association,
guidelines will be prepared.
discussed this matter
and hopefully some
o
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of a county Commissioner Being Required to Serve on the
Cape Fear Council of Governments Aging Advisory Board
Commissioner Sisson reported due to time constraints, he would
not be able to continue to serve on the Aging Advisory Board. He
inquired as to whether the Clerk to the Board had asked if a
designee could be appointed, or if another elected official, other
than a County Commissioner, can serve on the committee?
Clerk to the Board, Lucie F. Harrell, reported this matter had
been discussed with the Council of Governments; however, the by-
laws require that a County Commissioner serve on this Board. As to
the possibility of designating another elected official as a
designee, she would be glad to check into the matter and report
back to the Board.
Kure Beach Councilman, Glen Ivey, reported he would be
interested in serving on the committee.
Reminder of Reception for Meeting the New Director of the
Southeastern Center
commissioner Sisson reminded the Board that the reception to
meet the new Director of the Southeastern Center is scheduled for
January 12, 1995, at 6:00 P.M.
o
Forms for Legislative Goals
Vice-Chairman Mathews passed out a form and requested each
County Commissioner to indicate by number the goals to which they
are opposed. He requested that the forms be returned to the Clerk
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MINUTES OF REGULAR MEETING, JANUARY 3, 1995
PAGE 466
to the Board as soon as possible,so he can vote the majority vote
of the Board on each goal when presented at the Legislative
Conference to be held on January 5-6, 1995.
ADJOURNMENT
Chairman Greer adjourned the meeting at 11:25 P.M.
~pe~t;;~,
'-<~F. Harrell
Clerk to the Board
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