1995-02-06 Regular Meeting
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MiNUTES'OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE'5'1;O'
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 6, 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 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 Bo~rd, Lucie F. Harrell.
commissioner Barone was absent.
Chairman Greer called the meeting to order and welcomed
everyone present. He announced it was Vice-Chairman Mathews'
birthday, and on behalf of the Board, he wished him a "Happy
Birthday".
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Clerk to the Board, Lucie F; Harrell, gave the invocation.
commissioner Caster 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.
The following remarks were received:
Mrs. Nancy Bell, Vice-President of the Gregory School PTA and
the parent of four children attending schools in Hew Hanover
County, expressed concern for the recent change in the renovation
and rebuilding plan for Gregory School. The original plan for the
Media Center (Library) had a division with a shared production area
between Gregory and williston schools as well as separate bathroom
facilities to accommodate the age difference of the students. The
plan was changed by the Superintendent of Schools with no input
from the parents. Under the revised plan, the position of the
elementary Media Center was shifted from the center of the new
building to a position closer to 11th Street so the facility could
be shared with williston Middle school students. Parents are
extremely concerned about K-5 students mingling with grade 6-8
students in the Media Center with the sharing of materials and
bathroom fa,cilities. In order to address these concerns, the
Gregory New School Committee was formed and met with Dr. Martin.
No satisfactory agreement was reached. Mrs. Bell presented an
informational packet and requested the Commissioners to read the
material, and if at all possible, echo the concerns of the parents
to the members of the Board of Education.
APPROVAL OF CONSENT AGENDA
Commissioner Caster commented on the proclamation, entitled,
"Respect of Law Week" in New Hanover County and urged the citizens
of the County to respect the law and become more tolerate of each
other in their daily living. without more consideration of each
other, it will ~e impossible for government to enact enough laws to
control the behavior of people.
Motion: Commissioner caster MOVED, SECONDED by commissioner Sisson
to approve the Consent Agenda items as presented. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
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\~:J;Nt!'$ES OF REGULAR MEETING, FEBRUARY 6" 1995
PAGE .5'1'1
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
held on January 3, 1995, and the minutes of the Work Sessions held
on December 15, 1994, January 10, 1995, and January 12, 1995, as
presented by the Clerk to the Board.
Adoption of 1995-1996 Budget Schedule
The Commissioners adopted the proposed FY-1995-96 Budget
Preparation Schedule as revised on January 3, 1995.
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Adoption of Resolution to Request the N. C. Department of
Transportation to Install an Emergency Traffic signal Near the
Myrtle Grove Volunteer Fire Department
The Commissioners adopted a resolution requesting the North
Carolina Department of Transportation to install an emergency
vehicle traffic signal at the intersection of US Highway 421 and
the service road south of Monkey Junction near the Myrtle Grove
Volunteer Fire Department as an emergency traffic control device
along Carolina Beach Road.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 28.
Adoption of Proclamation Declaring February 6-11, 1995 as "Respect
for Law Week" in New Hanover County
The Commissioners adopted a Proclamation declaring February 6-
II, 1995, as "Respect for Law Week" in New Hanover County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 28.
Acceptance of Report for Disposal of Personal property in
Accordance with G.S. 160A-266(C) for the Period of July 1, 1994 -
December 31, 1994 - Finance Department
The Commissioners accepted a Report for Disposal of Personal
Property for the period of July 1, 1994 through December 31, 1994,
as submitted by the Finance Director.
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A copy of the report is on file in the Finance Department.
Adoption of Resolution Awarding Bid #95-0187 (Contract #95-0187) to
EVAPCO, Inc. for Purchase of a cooling Tower for the Law
Enforcement Center
The Commissioners adopted a resolution awarding the bid to
EVAPCO, Inc. in the amount of $48,670 to purchase a cooling tower
for the Law Enforcement Building. The Chairman was authorized to
execute the contract documents. Only one bid was received, and as
allowed under N.C.G.S. 143-129, Staff negotiated the necessary
changes to bring the price within the expected amount.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 28.
Authorization for the New Hanover county Public Library to Apply
for a "Poets In Person Application" Grant from the American Library
Association , _
The Commissioners authorized the New Hanover county Public
Library to apply for a "Poets In Person Application" from the
American Library. The grant funds will be used to provide a five-
week series of programs on contemporary poetry to be conducted by
a humanities scholar.
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Adoption of Resolutions Requesting the Addition of Roads to the
State Highway System
The Commissioners adopted resolutions requesting the addition
of the following roads to the state Highway system:
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M~NUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 512
Chester street and Chapel Way (Cedar Ridge and Long Leaf
Acres Subdivisions)
Roads in Gordon Woods (All Sections)
Golden Eagle Court in Eagles Nest Subdivision
Roads in Sunpointe Subdivision
copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 28.
Adoption of Resolution Authorizing a QuitClaim Deed for the
county's Interest in Property Located at 516 McRae street
The Commissioners adopted a resolution to convey the County's
interest in property located at 516 McRae Street, Wilmington, N. C.
This action will allow the City of Wilmington to receive funding
through federal legislation and create a Corporation on National
Service. The funds will be used to establish a gardening and
beautification program to involve young people between 10 and 16
years of age in developing citizenship skills and service learning
through community-based activities.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 28.
Approval of Budget Amendment #95-28 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
95-28
Federal Forfeited property/Sheriff's Department
Debit
Credit
Federal Forfeited Property
Federal Forfeited Property
$14,576
Federal Forfeited Property
Capital Outlay
$14,576
Purpose: To increase budget for revenue received 12/5/94
($10,735.00) and 12/7/94 ($3,840.80). Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement
activities as the Sheriff deems necessary
Approval of Budget Amendment #95-29 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
95-29
Controlled Substance TaX/Sheriff's Department
Debit
Credit
Controlled Substance Tax
Controlled Substance Tax
$18,740
Controlled Substance Tax
Capital Outlay
$18,740
Purpose: To increase budget for revenue received 11-15-94
($1,361.55) and 1-4-95 ($17,378.08). Controlled Substance Tax
funds are budgeted as received and must be used for law enforcement
activities as the Sheriff deems necessary.
Approval of Budget Amendment #95-32 - Animal Control Facility
The Commissioners approved the following Budget Amendment:
95-32
Animal Control Facility
Debit
Credit
Animal Control Facilitv
Sales Tax Refund
$7,300
Capital Project Expense
$7,300
Purpose: To budget expected sales tax revenues necessary to
complete the project.
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M~NUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 513
Approval of Budget
Transportation
The Commissioners
Amendment
#95-0108
Human
services
approved the following Budget Amendment:
95-0108
Human Services Transportation
Debit
Credit
Human Services Transportation
General Public Allocation
$13,716
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Human Services Transportation
Contract Service/Gen. Public Allocation
$13,716
Purpose: To budget
Transportation for
1994/95.
funds from the North Carolina Department of
General Publtc Allocation for fiscal year
Approval of Budget Amendment #95-0115 - Department of Aging/senior
Center
The Commissioners approved the following Budget Amendment:
95-0115 Department of Aging/senior Center
Debit
Credit
Department of Aqinq/senior Center
Revenue-Other $3,500
Newsletter $3,500
Purpose:
increasing
newsletter.
of Aging.
To transfer
costs of
The escrow
from escrow funds donated to offset the
producing the Senior Center's monthly
funds were donations made to the Department
Approval of Budget Amendment #95-0116 - Social services/Child Day
Care
The Commissioners approved the following Budget Amendment:
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95-0116
social Services/Child Day Care
Debit
Credit
Social. Services/Child Dav Care
Office of Day Care
$33,370
Day Care Services
$33,370
Purpose: To budget additional State subsidy funds for child day
care.
Approval of Budget Amendment #95-0117 Non-Departmental
Commissioners' Office/cape Fear Community college
The Commissioners approved the following Budget Amendment:
Debit
Credit
Non-Departmental
Installment Lease Payments
$83,000
commissioners' Office
Appropriated Fund Balance
$27,000
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Cape Fear Communitv Colleqe
Land Costs
$110,000
Purpose: To budget funds for the purchase of 908 North Front
Street property for Cape Fear Community College (approved by the
Board of County Commissioners on December 5, 1994).
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Approval of Budget Amendment #95-0118 - Non-Departmental/Emergency
Medical services
The commissioners approved the following Budget Amendment:
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PAGE 514
Debit
Credit
Non-Departmental
Installment Lease Payments
$77,923
Emerqencv Medical Services
M&R - Autos & Trucks
$77,923
Purpose: To transfer funds budgeted for EMS installment debt items
into the EMS operating budget for refurbishing three vehicles
instead of replacing them.
Approval of Budqet Amendment #95-0119 - Health/Epidemiology
The Commissioners approved the following Budget Amendment:
Debit
Credit
Health/Epidemioloqv
contribution
$5,000
Contracted Services
Departmental Supplies
Capital outlay
$ 350
$1,950
$2,700
Purpose: To budget Glaxo Award funds received for the "Winning
Shots Campaign". Award monies are to be used for staff development
or enrichment rather than for operational costs of services, etc.
ADOPTION OF PROCLAMATION DESIGNATING FEBRUARY AS "HUMAN RELATIONS
MONTH" IN NEW HANOVER COUNTY
Motion: Commissioner Sisson MOVED; SECONDED by Vice-Chairman
Mathews to adopt a proclamation declaring the month of February as
"Human Relations Month" in New Hanover County. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
vice:Chairman Mathews
Chairman Greer
Absent:
commissioner Barone
Chairman Greer read and presented the proclamation to Ms.
Bessie Funderberg, Chairperson of the Human Relations Commission,
and Mr. John Teed, the former Chairperson of the Human Relations
Commission.
Ms. Funderberg urged the Commissioners to help the Human
Relations Commission encourage people to treat each other with
respect. She also complimented Mr. John Teed for the excellent job
performed as the former Chairperson of the Human Relations
Commission, and Deputy County Manager, Andrew J. Atkinson, for the
outstanding job performed while serving as the "Acting Director" of
the Human Relations Department.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 28.
PRESENTATION OF PLAQUE TO JASON MARTIN IN RECOGNITION OF BEING
SELECTED THE WINNER OF THE HUMAN RELATIONS MONTH THEME
Chairman Greer, on behalf of the Board, congratulated and
presented a plaque to Jason Martin, a student of the Kindergarten
Class in Wrightsboro Elementary School, 'for being the winner of the
Human Relations Month Theme Contest with the following theme:
"Is There Room In Your Game for Everybody?"
A round of applause was given to Jason Martin.
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-MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 515
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a meeting
of the New Hanover County Water & Sewer District from 7:04 P.M.
until 7:15 P.M.
STATUS REPORT FROM THE CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
Deputy County Manager, Andrew J. Atkinson, presented an
overview of the progress made by the Criminal Justice Partnership
Advisory Board and reported after several meetings, the Advisory
Board decided to focus on the pretrial portion of the law in the
funding application to be submitted for the initial funding period
of April-June, 1995. Intermediate sentencing options are currently
being explored and will be included in the application to be
submitted for the full fiscal year 1995-199? The Criminal Justice
Partnership Advisory Board has focused on keeping people out of
jail until trial dates are scheduled. The Pretrial Release Program
(PRP) will operate under" the New Hanover County Sheriff's
Department in conjunction with the Chief District Court Judge. The
PRP is designed to hold at abeyance the increasing jail population
by expediting cases and providing judges with better and more
accurate information about off.enders for the purpose of bail
considerations. The program should improve bail setting by
providing complete, accurate, and non-adversarial information to
the court; identify those for whom alternatives to pretrial
incarceration are appropriate; and monitor released arrestees to
ensure compliance with court-ordered conditions set to reduce the
likelihood of failure to appear for pretrial arrest. PRPwill
interview arrestees, conduct criminal history checks, and
investigate previous releases. Once the investigation is complete,
a summary of this information will be provided to the court. This
program should save 800 detainee days at a cost of approximately
$60 per day, which will save money and reduce the jail population.
The Commissioners were requested to authorize the Criminal Justice
Partnership Advisory Board to file a grant application in the
amount of $19,000 on February 15, 1995-,. for establishment of the
Pretrial Screener Program in New Hanover County on a temporary
basis.
Discussion was held on the use of the funds and costs involved
with providing medical services for jail inmates. Deputy County
Manager Atkinson reported a majority of the funds will be used to
hire an individual to serve as the pretrial screener and for the
purchase of initial office equipment and supplies.
Further discussion was held on the provision of medical
services and food to the jail population.. Public Health Nurse
Director, Be.tty Creech, reported the Health Department budgets
$200,000 to $300,000 annually to provide the required medical
services.
Chairman Greer stated, for the record, he cannot support a
pre-release program that allows persons who have committed a crime
to stay out of jail. In his opinion, this type of program only
encourages crime.
Motion: After further discussion, commissioner Sisson MOVED,
SECONDED by Vice-Chairman Mathews to authorize the filing of the
grant application in the amount of $19,000 as recommended by the
criminal Justice Partnership Advisory Board. Upon vote, the MOTION
CARRIED AS FOLLOWS: -
voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Chairman Greer
Absent: Commissioner Barone
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 516
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Chairman Greer, on behalf of the Board, expressed appreciation
to all members of the Criminal Justice Partnership Advisory Board
for the work and- effort given to develop the program.
BREAK
Chairman Greer called a break from 7:30 P.M. until 7:45 P.M.
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PUBLIC HEARING (CONTINUED ITEM) TO CONSIDER A REQUEST BY LANDMARK
DEVELOPERS TO REZONE 62.5 ACRES ON THE WEST SIDE OF N. COLLEGE ROAD
AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1 INDUSTRIAL (39.8
ACRES) AND CONDITIONAL USE B-2 BUSINESS (22.7 ACRES) FROM R-15
RESIDENTIAL AND AIRPORT RESIDENTIAL (Z-518, 12/94)
Chairman Greer opened the Public Hearing and announced that a
conditional use district requires issuance of a Special Use Permit;
therefore, any persons wishing to testify must step forward to be
sworn in by Clerk to the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Joseph o. Taylor, Jr.
W. Chris Stephens
Margaret Gray
Phil Owens
Dan Dawson
Sheila Dougherty
Mark Dougherty
Terrell Williamson
Donald Marlowe
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Planning Director, Dexter Hayes, reported this case is
continued from the meeting of January 3, 1995, and the Planning
Board voted to rezone the property with several modifications and
the imposition of the following design conditions as presented at
the last meeting less the access to North Kerr Avenue:
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a. Rezone lots 2 thru 4, lots 14 thru 27 and the cemetery parcel
to Conditional Use I-I, excludipg the triangular area in the
southwest perimeter of lot 21 and the northwest perimeter of
lot 26;
b.
Rezone lots
Conditional
adjacent to
10 thru 13 and the detention pond- area to
Use B-1, excluding a small triangular area
Parcel H owned by Jerry Raynor;
c. Establish a minimum 75 foot buffer along the east side of N.
Kerr Avenue adjacent to lots 21 thru 26;
d. Limi t the building height of buildings along the N. Kerr
Avenue road frontage to two stories or 30 feet;
e. Exclude the following uses for eligibility from the I-I
District portion of the project:
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-adult entertainment establishments
-septic tank services
-dry cleaning plants
-noise sensitive uses
-buildings used primarily as places of assembly, such as
schools, churches, day care services and related uses
No manufacturing activities shall be permitted on lots 21 thru
26 until a separate Special Use Permit has been obtained;
g.AII signage comply with the Special Highway Overlay District
standards for area and height;
f.
h. The cemetery must be preserved as a separate parcel and
appropriate access must be granted to the caretakers or future
owners as applicable.
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~INUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE '51,7
The following preliminary staff findings were presented:
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:.,
a.
The site is located in the Wrightsboro Volunteer Fire
Department.
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b.
The site has a 10,000 gallon per day allocation for County
sewer. Water will be provided by private sources.
c. The site has access to three separate state-maintained roads.
d. Industries which create excessive smoke, airborne debris, dust
and other obnoxious discharges are not permitted.
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 meeting the requirements of the conditional use
zoning process has been submitted.
b. Setbacks and buffering standards equal or exceed the minimum
standards required for these types of uses"
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.
The applicant proposes to establish a minimum 50 foot buffer
around the project except where the site fronts South college
Road and abuts the shopping center property.
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b. The applicant proposes to limit building heights to 35 feet.
c. The ,applicant also [iroposes to establish restrictive covenants
controlling architectural design of buildings, the placement
of outside storage, the location of dumpsters and loading
area, and the orientation of outside lighting.
d. Access points will be limited.
General Requirement #4: The location and character of the proposed
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with t~e plan of development for New Hanover
County based upon the following findings:
a. The site is located in close proximity to the New Hanover
International Airport and is adjacent to a mid-sized strip
commercial center. The site is also traversed by a 170 foot
wide overhead electric utility easement.
Chairman
public would
presented:
Attorney Joseph Taylor, Jr., representing the' petitioner,
Landmark Developers, Inc., presented a revised map, marked Exhibi~
I, and commented on the development of a plan that"came from the
cooperative efforts of the developer, neighborhood residents, and
other parties that would be impacted by the proposed rezoning. The
commissioners were requested to approve the rezoning as presented
with the following conditions: '
Greer inquired as to whether anyone from the general
like to comment. The following remarks were
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MINUTES OF REGULAR MEETINd, ",FEBRUARY"'6, 1995
PAGE 518
(1) Eliminate the access onto North Kerr Avenue.
(2)' Additional Conditions on the l1)odified plan:
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(a) Limit building height on 'Lots 21 thru 26 to two stories
or 30 feet. :
.
(b) No manufacturing uses can be located on Lots 21 thru 26
without a Special Use Permit.
(c) Driveways for Lots 21 and 26 will not be allowed to
access Kerr Avenue.
(d) The CD(I-l) area will exclude the following uses: Adult
entertainment, septic tank services, dry cleaning plants,
noise sensitive uses, and assembly places.
(e) Exclusive of #1 above a maximum 25 foot building height
will be enforced.
(f) The cemetery will be preserved and existing access
undisturbed.
Zoning Acreage:
Buffer Dedications -
CP&L Easement
Cemetery
B-1 Area
B-2 Area
I-I Area
8.6
5.3
2.5
- 13.6
8.9
- 37.8
acres
acres
acres
acres
acres
acres
Attorney Joel Rhine, representing the residents of the
surrounding neighborhoods, expressed appreciation to the
Commissioners for continuing the Public Hearing which allowed the
parties involved to work out a'lsatisfactory plan. One item of
concern that has not been reflected on the revised site plan is
that water must be brought to the site, not taken from the
surrounding area.
Mr. Chris Stephens reported Landmark will install a community
water system to the site.
Chairman Greer asked Mr. Stephens if he concurred with the
findings of facts as presented by the Planning Director.
Mr. Stephens agreed with the findings as presented.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to rezone 62.5 acres on the west side of North College Road
and east of North Kerr Avenue to Conditional Use I-I Industrial
(39.8 acres) and Conditional Use B~2 (22.7) from R-15 Residential
and Airport Residential contingent upon the conditions listed on
the modified plan, including installation of a community water
system on the site. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice~Chairman Mathews
Chairman Greer
Absent:
commissioner Barone
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAPS OF ZONING AREAS NO. 8B AND AIRPORT OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, AND OCTOBER 4, 1976,"
is hereby incorporated as a part of the minutes and is contained in
Zoning Book II, section 8B, Page 45. '
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MINUTES OF REGULAR MEETING, FEBRUAR~<6, 1995
PAGE !!~9
Motion: Commissioner sisson MqVED, SECONDED by Commissioner Caster
to grant a Special Use Permit for the Conditional Use zoning
District based upon the ,evidence presented satisfying that the us~
will not materially endanger the public health or safety if located
where proposed and developed a~cording to the plan as submitted and
approved; the use meets all required conditions and specifications
of the Zoning Ordinance; the use will not substantially injure the
value of adjoining or abutting!property or that the use is a public
necessity; and the location arid character of the use if developed
according to the plan as submitted and approved will be in harmony
with the a.rea 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 AS FOLLOWS:
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voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 10.
A copy of the map marked Exhibit I is on file in the Planning
Department under the case file number.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN LARSEN TO REZONE .39
ACRE ON THE SOUTH SIDE OF CARL STREET EAST OF RACINE DRIVE TO O-I
OFFICE AND INSTITUTION FROM R-20 RESIDENTIAL (Z-517, 12/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
first heard this case at its December meeting, but because of
concerns that access was limited to a local residential street, the
Board voted to continue the item.
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The Planning Board advised the applicant that if the property
was placed under the ownership with the larger 0-1 District to the
west and south, the issue of' access would not be relevant. It was
noted that the larger 0-1 Distric~ adjacent to the subject parcel
had direct access to Racine Drive. Subsequently, the applicant
arranged for the sale of the property to the owner of the 0-1 tract
next door.
At the January meeting, the applicant presented proof that the
property had been conveyeq to the owner of the larger 0-1 tract.
In response, the Planning Board noted that the initial access
limitation had been overcome, and citing no other impacts voted to
~ecommend approval of the petition. There was no opposition.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. John Larsen, representing the petitioner, commented on the
best use of the property and requested the Board to approve the
rezoning.
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commissioner Sisson asked if the access matter had been
resolved?
Mr. Larsen replied that this issue had
egress and ingress going through the larger
Elmore as shown on the site plan., ,
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been resolved with
tract owned 'by Mr.
commissioner Sisson asked if concerns about intrusion of
commercial development into the neighborhood had been resolved?
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MINUTES'OF REGULAR MEETING, FEBRUARY 6, 1995
I
PAGE 520
Planning Director Hayes reported the Planning Board approved
the rezoning contingent upon the property being consolidated with
the surrounding property to avoid development as a single parcel
with independent access on Carl street.
Chairman Greer closed the Public Hearing.
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Motion: Commissioner Caster MOVED, SECONDED by Commissioner sisson
to approve the rezoning request as recommended by the Planning
Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, section 9B, Page
79.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUEST BY KATHRYN
WARNER TO EXPAND AN EXISTING IN-HOME DAY CARE SERVICE TO
ACCOMMODATE UP TO TWELVE CHILDREN AT 109 NORTH HAMPTON ROAD (S-370,
1/95)
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must step forward to be sworn in by the
Clerk to the Board.
e
The following persons were sworn in:
Dexter Hayes, the Planning Director
Kathryn Warner
Planning Director, Dexter Hayes, reported the Planning Board
unanimously recommended approval of tl;1e use as proposed, noting the
applicant already operated a small day care service on the site
without a report of any complaints from neighbors. Also, the use
would not change the exterior features of the home, keeping it
consistent with the architectural theme of the neighborhood.
The following preliminary Staff findings were presented:
General Reauirement #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 based upon the
following findings:
A.
B.
The site has direct access
The site is located in
Department district.
The site is already served
to North Hampton Road.
the winter Park Volunteer
Fire
C.
by adequate water and sewer.
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General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
A. In-home child day care service is permitted by right in
residential districts. This property is zoned R-15.
B. Adequate land area is available to meet minimum off-street
parking requirements.
C. Drop-offs and piCk-Ups can be made without backing into the
street.
D. A fenced play area at the rear of the structure is provided.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 521
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. The owner has operated a registered day care service (five or
less children) in this home for a number of years without
record of complaint from adjoining property owners.
General Requirement #4: 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 based upon
the following findings:
A. No exterior improvements are planned for the existing house
that would cause it to look different from similar situated
homes.
Chairman Greer asked if anyone from the general public would
like to comment.
The following remarks were received:
Ms. Kathryn Warner, the petitioner, reported on the need to
provide children with quality day cay service, and she requested
the Commissioners to approve the Special Use Permit to expand her
existing in-home day care service.
Chairman Greer asked Ms. Kathryn Warner if she concurred with
the findings of fact as presented by the Planning Director.
Ms. Warner agreed with the findings of fact as presented.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to issue the special Use Permit for an in-home Child Day
Care Service at 109 North Hampton Road based upon the evidence
presented satisfying 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 location and character of the use if
developed according to the plan as submitted and approved will be
in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover
County. upon vote, the MOTION CARRIED AS FOLLOWS:
"Jr"
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Barone
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 10.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY
JONATHAN BARFIELD, SR. TO ESTABLISH AN IN-HOME LICENSED CHILD DAY
CARE SERVICE FOR UP TO TWELVE CHILDREN AT 219 HARGROVE DRIVE (S-
371, 1/95) .
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to testify must step forward to be sworn in by
the Clerk to the Board.
The following persons were sworn in:
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 522
Dexter Hayes, the Planning Director
Jonathan Barfield, Sr.
Delores Riley
Hattie W. Schmidt
William Dudley
otis Haynes
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Planning Director, Dexter Hayes, reported the Planning Board
unanimously recommended approval of the applicant's request feeling
that the use as proposed would not be disruptive to the
neighborhood.
One adjoining property owner appeared to ask questions about
required off-street parking and the potential for noise during play
times. Discussion was held on Ithe erection of a solid six-foot
high wooden fence to address noise and visual concerns, but this
condition was not required in the approval process.
The following preliminary Staff findings were presented:
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 based upon the
following findings:
A. The site has direct access to Hargrove Drive.
B. The site is located in the Ogden Volunteer Fire Department
district.
C. The site is already served by adequate water and sewer.
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General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
A. In-home child day care service is permitted by right in
residential districts. This property is zoned R-15.
B. Adequate land area is available to meet minimum off-street
parking requirements.
C. Drop-offs and pick-ups can be made without backing into the
street.
D. A fenced play area to the rear of the structure will be
provided in compliance to local and state requirements.
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. The proposed facility would be located to the rear of the
existing dwelling in an expanded area of the garage. The
facility will house up to twelve children, making impact on
the surrounding land uses minimal.
General Requirement #4: The location and character of the proposed
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located based
upon the following findings:
e
A.
Expansion of the existing residence
the service, however, exterior
consistent with the existing house
feature~.
is planned to accommodate
improvements should be
styles and architectural
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. Jonathan Barfield, Sr. reported the Planning Board
approved the request, and the Schmidt family did express opposition
~o 12 children instead of 5 being kept in the home because of
~
MINUTES OF REGULAR MEETING, FEBRUARY.6, 1995
PAGE 523
additional traffic and noise. He reported Ms. Riley received a
letter from Raleigh approving the expansion of the day care center
up to 12 children. The proposed addition will be 170 feet from the
Schmidt dwelling, and most of the children will be under age 3,
which should not create a noise problem. The septic tank permit
and all federal and state requirements will have to be met. If any
problem should be experienced with the septic tank permit, the
expansion would not occur. Mr. Barfield reported there is concern
about traffic because there are no traffic signs in the
neighborhood. The local N. C: Department of Transportation office
has been contacted and hopefully traffic and speed limit signs will
be installed.
o
Mrs. Hattie W. Schmidt, a resident of 224 Hargrove Drive, next
door to the Riley property, expressed concern for the following
items: (1) expansion of the day caFe center for 12 children, not
five as indicated when contacted l;>y Ms. Riley: (2) increased
traffic in the neighborhood; (3) noise; and (4) devaluation of her
property because of the day care center. Mrs. Schmidt explained
she had no objection to a day care center for five children;
however, she was opposed to Ms. Riley keeping 12 children. The
Commissioners were requested to consider the neighborhood when
rendering a decision on this request.
Mr. william Dudley, a resident of the neighborhood, commented
on deed covenants in the Weaver Acres Subdivision, which require
construction of "only" single-family homes, and expressed concern
for violating these covenants if the Special Use Permit is granted.
He, also, expressed concern for the number of serious accidents
that have occurred at the Hargrove/Shaw intersection and stated
increasing the traffic will not be safe for the children. The
Commissioners were requested to consider safety before approving
the Special Use Permit.
o
Mr. otis Haynes commented on the need for day care centers as
educational centers, not baby sitting centers, and expressed
concern for the noise and traffic that would be created by allowing
Ms. Riley to keep 12 children in her home. The Commissioners were
requested to consider the residents of the community before
approving the request.
Ms. Delores Riley, the petitioner, expressed concern for
making enemies with her neighbors and reported she did not intend
to mislead them about the number of children that would be kept at
the day care center. When applying for the State permit, she
requested a permit to keep 5 to 6 children; however, when the
permit was received, the State granted permission for her to keep
12 children.
Chairman Greer asked Ms. Riley if she would limit the number
of children to six?
Ms. Riley responded she would consider this possibility.
Mr. Barfield expressed concern for limiting the children to
six because so many of the children would be infants. Only a few
children would be outside at one time, and in.his opinion, this
small amount of noise and traffic would not negatively impact the
neighborhood. He stressed the importance of providing good day
care centers to working parents.
o
commissioner Sisson inquired as to the number of children that
can be kept under the County Ordinance?
Planning Director Hayes reported five children can be kept in
a home without a Special Use Permit. The county requires a special
Use Permit for more than eight c~ildren being kept in a home.
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MINUTES OF REGULAR MEETING, FEBRUARY~6, 1995
PAGE 52'4
Mr. otis Haynes requested the Board to limit the number of
children to six.
Chairman Greer closed the Public Hearing.
commissioner sisson commented on the need for day care centers
and recommended stipulating the number of children to be kept, the
number of children playing outside at one time, and time limits for
the hours of play.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
sisson to approve the Special Use Permit based upon the evidence
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; the proposed use
will not substantially injure the value of adjoining or abutting
property; and the location and character of the use if developed
according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general
conformity with the plan of development of New Hanover County
contingent upon the following conditions:
1. The maximum number of children cared for cannot exceed twelve
(12) and must be between the ages of 0 to 4.
2. No more than one-half of the children can be in the outside
play area at any given time.
3. The outside play area must be enclosed with a six (6) foot
high wooden fence.
4.
No outside play before 8:00 A.M. or after 5:00 P.M.
The floor was opened for discussion:
;
Substitute Motion: Commissioner Caster MADE A SUBSTITUTE MOTION to
limit the number of children to eight with inclusion of the other
conditions as listed in the original motion. THE SUBSTITUTE
MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Amended Substitute Motion: After a lengthy discussion of the
number of children to be kept, Commissioner Caster AMENDED HIS
SUBSTITUTE MOTION, SECONDED by Chairman Greer to grant the Special
Use Permit based upon the evidence presented meeting the four
general requirement contingent upon the following conditions:
1. The maximum number of children cared for cannot exceed ten
(10) .
2. No more than one-half of the children can be in the outside
play area at any given time.
3. The outside play area must be enclosed with a six (6) foot
high wooden fence.
4.
No outside play before 8:00 A.M. or after 5:00 P.M.
The floor was opened for discussion.
Upon vote, THE AMENDED SUBSTITUTE MOTION FAILED TO CARRY AS
FOLLOWS:
Voting 'Aye:
commissioner Caster
Chairman Greer
Voting Nay:
commissioner Sisson
Chairman Mathews
Absent:
commissioner Barone
~
~~~U~~S OF REGULAR MEETING, FEBRUARY,6, 1995
P~GE 525
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit based upon the evidence
presented concluding that the four general requirements had been
met, as listed in the original motion, contingent upon the
following conditions:
.1. The maximum number of children cared for cannot exceed ten
(10) and must be between the ages of 0-4.
2.
No more than one-half of the children can be in the outside
play area at any given time.
o
3. The outside play area must be enclosed with a six (6) foot
high wooden fence.
4. No outside play before 8:00 A.M. or after 5:00 P.M.
The floor was opened for discussion.
Chairman Greer asked Ms. Riley if she concurred with the
conditions of the Special Use Permit as listed in the motion?
Ms. Riley agreed with the conditions of the Special Use Permit
as presented.
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 10.
o
Further discussion was held on the need to place traffic and
speed limit signs in the Weaver Acres Subdivision. The Chairman
'was requested to write a letter to the local N. C. Department of
Transportation office and request a review of this subdivision for
installment of proper traffic signs.
PUBLIC HEARING TO HEAR AN APPEAL CASE BY JEFF IDOL TO REZONE .36 OF
AN ACRE ON THE SOUTH SIDE OF OLEANDER DRIVE WEST OF WILLOW WOODS
DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-523, 1/95)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted to recommend denial of the applicant's request, noting that
expansion of the commercial district would create negative impacts
on residential uses to the south. Several nearby property owners
spoke in opposition to the request because of concern for
undermining the residential integrity of nearby homes, and concern
for more intense development, which would increase drainage
problems in the area.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
o
~~e following remarks were received:
Mr. Jack Kilbourne, representing Ms. Lola Larsen, reported the
Planning Staff recommended approval of the rezoning request to
bring the entire site under one zoning classification. As the map
illustrates,. the vast majority of the tract is zoned B-2 Business,
leaving a small area of residential,zoning in the southeast corner.
The Commissioners were requested to approve the rezoning request.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 52c6
Ms. Peggy Hanchey reported her mother would like to sell the
property so she can move to Wallace and live with her family. She
requested the Commissioners to rezone this small tract to B-2
Business from R-15 Residential.
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Ms. Lola Larsen, the petitioner, reported she had lived on the
property for 63 years and seven months. Now, she would like to
sell the property and move to Wallace to live with her daughter.
The Commissioners were requested to rezone the property.
Ms. Faye Brock, a resident of 345 willow Woods Drive, reported
she was in favor of the proposed rezoning.
Mr. Bill Maus, representing Maus, Warwick and Matthews,
reported the proposed rezoning would not increase traffic or
intrude on the residential community since Ms. Larsen has legal
access to willow Woods Drive from the property.
Mr. Reid Larsen, a resident of 322 willow Woods Drive and the
closest adjacent property owner, reported when County zoning was
established in the 1970's there was a line drawn to avoid
commercial encroachment. The small piece of property should remain
R~15 Residential to serve as a buffer for the neighborhood. The
Commissioners were requested to protect the integrity of the
community and deny the rezoning request.
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Mr. George Larsen, the owner of adjacent lots, commented on
having to appear before the Board of County commissioners every two
to three years to avoid commercial encroachment into willow Woods
Subdivision, and he expressed the following concerns: (1) poor
drainage in the area; (2) stormwater run-off that will flow
directly to willow Woods Drive when the land is cleared for
development; and (3) the unsightly trash bins, garbage cans, and
litter behind commercial uses. The Commissioners were requested to
deny the rezoning request.
-~
Mr. Cecil Ward, a resident of 341 willow Woods Drive, reported
the residents of the community paid the N. C. Department of
Transportation $55,000 for willow Woods Drive to become a State
maintained road. He presented the history of commercial
development in the area and the amount of traffic, trash, and noise
that has been tolerated by the residents. The Commissioners were
requested to deny the rezoning request.
Chairman Greer closed the Public Hearing-.
'commissioner Caster inquired as to why the Planning Board
denied the request?
Planning Director Hayes reported the
concerned about negative impacts with the
rezoning to the surrounding neighborhood.
Planning
proposed
Board was
commercial
Chairman Greer inquired as to the type of buffer that would be
required between the business use and residential district?
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Planning Director Hayes reported the setback would be based
upon the size of the structure constructed on the site.
commissioner Sisson commented on the need to protect the
willow Woods Subdivision with an appropriate buffer and recommended
a conditional use district.
commissioner Caster asked if the use of the property was a
major concern of -the neighborhood?
Mr. Larsen reported on mak..,ng several unsuccessful attempts to
find out the use of the site. When contacting the Planning Board,
he was informed if the property was rezoned B-2, all types of
comme'rcial uses could be placed on the site. The residents of
~
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE 527
willow Woods Subdivision feel adequate buffering should be provided
to their residential community.
A lengthy discussion was held on the County's setbacks.
Planning Director Hayes reported the Zoning Ordinance requires
setbacks when commercial uses adjoin residential property.
Further discussion was held on the proposed use for the
property. Chairman Greer recommended a conditional use district. ,
Mr. Maus reported he has no problem with providing a
structured buffer i however, he would not be satisfied with a
conditional use district for the entire property because site plans
would have to be approved for each business use. He volunteered to
provide a site plan showing the buffering for the .36 of an acre at
the back of the property.
Discussion was held on the length of time needed
petitioner to re-apply for a conditional use district.
Director Hayes reported at least 60 days.
for the
Planning
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to
approve the rezoning request.
commissioner Sisson recommended conditional use for the parcel
because of the need to protect the integrity of the residential
neighborhood from B-2 uses.
Upon vote, the MOTION RECEIVED A TIE VOTE:
Voting Aye: Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Caster
commissioner Sisson
Absent: Commissioner Barone
Motion: After further discussion, commissioner Sisson MOVED,
SECONDED by commissioner caster to continue the Public Hearing
until'Thursday, March 9, 1995, in order for the parties to see if
a satisfactory agreement can be reached. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
BREAK
Chairman Greer called a break from 9:45 P.M. until 9:58 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY LIVE OAK DEVELOPMENT
COMPANY TO REZONE 5.95 ACRES ON THE WEST SIDE OF MARKET STREET
OPPOSITE PORTERS NECK ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL
(Z-524, 1/95)
~hairman.Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the applicant's request.
At the urging of staff, the Planning Board recommended that Parcel
J, a small piece of property located south of the subject'property
be included in the B-1 zoning to prevent isolation of this property
between' commercial property. The Planning Staff contacted Ms.
Williams and she was not interested in Parcel J being included in
the rezoning'request petition.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1995
PAGE. 52'S
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
e
Mr. Dean Scarfoni, President of Live Oak Development Company,
reported the proposed B-1 Zoning would be appropriate because of
its proximity to US Highway 17 and the 1-40 connector project.
Presently, 22 of 27 parcels south of Porters Neck Road are zoned
for commercial use, and the property will have to comply to the
Special Highway Overlay District. The Commissioners were requested
to approve the B-1 rezoning.
Attorney Joseph Taylor, Jr., representing Live Oak Development
Company, reported the rezoning request is in compliance with the
County's policies for Growth and Development. Also, this rezoning
would be an ideal end for northern commercial development in that
area 'of the County.
Mr. Kenneth Parker spoke in favor of the rezoning request.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to rezone the property as recommended by the Planning Board
with the exception of Parcel J. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
e
Absent:
commissioner Barone
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 6, 1971," is hereby incorporated as a 'part
of the minutes and is contained in Zoning Book I, section 6, Page
26.
PUBLIC HEARING TO CONSIDER A REQUEST BY ALLIANCE PROPERTIES, INC.
TO REZONE 13.90 ACRES ON THE WEST SIDE OF MARKET STREET BEHIND
SOPHIA WEST FLORIST TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-527,
1/95)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the Planning Board voted
unanimously to recommend approval of the applicant's request. It
was noted that the site's proximity to similar zon~ng and
commercial uses limited the appeal of the site for residential
development. Also, the rezoning would be consistent with policies
for Growth and Development in New Han~ver County.
Chairman Gre~r inquired as to whether anyone would like to
comment. The following remarks were received:
e
Attorney Joseph Taylor, Jr., representing the Alliance
Properties, reported the property is surrounded by high density
commercial zoning and located in an existing commercial node;
therefore, it would be appropriate for the property .to be rezoned
to B-2 Business. He, requested the commissioners to approve the
request.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the rezoning request as recommended by the
Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
~
MINUTES OF REGULAR MEETING, F~BRUARY. 6, 1995
PAGE 529
Voting Aye: Commissioner Caster
commissioner sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972," ~s hereby incorporated as a part
of the minutes and is contained in zoning Book II, section 9A, Page
38.
o
PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF JEANELLE MOORE
BOULEVARD (SR 1490)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the petitioner, Patricia
Jenkins, had requested closing 828 feet of the southeastern portion
of Jeanelle Moore Boulevard because of the proposed expansion of
Plantation Village. He stated in order for the closure to become
official, it would have to be approve~ by the N. C. Department of
Transportation.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner sisson
to adopt an order to close a portion of Jeanelle Moore Boulevard as
requested by the petitioner to accommodate further expansion of
Plantation Village. Upon vote, the MOTION CARRIED AS FOLLOWS:
o
,Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXII, Page 28.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of New Hanover county Being a Member of the 1-40
Association
. . . . I .
Comm1SS1oner S1sson commented on a letter from Mr. John B.
Horne, a member of the 1-40 New Hanover county Executive ,committee,
and reported there are concerns about the organizational. structure
and its relationship to the County Executive Committee. He
recommended checking into this matter.
commissioner Caster commented on hearing the same remarks and
recommended placing this item on the agenda for February 20, 1995.
o
Consensus: It was the consensus of the Board to direct the County
Manager to place this item on the agenda for February 20, 1995.
Discussion of the Gregory School Construction and Renovation
Commissioner Sisson expressed concern for the problems being
experienced with the proposed plan for Gregory School and requested
Staff to obtain more information about these concerns.
County Ma~ager O'Neal reported Dr. Martin will appear before
the Board on February 20, 1995, to present the Long Range Plan for
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MINUTES OF REGULAR MEETING, FEBRUARY"6, 1995
PAGE 530
New Hanover County Schools. This presentation should include the
construction and renovation of Gregory School.
After further discussion, it was agreed that the Commissioners
should hold a joint meeting with the Board of Education on an
infrequent basis. The County Manager was directed to schedule a
meeting within the next two to four months.
e
Discussion on Use of "Walkie Talkies"
Commissioner Sisson expressed concern for County employees
having to "deliver "walkie talkies" to the homes of the
Commissioners during bad weather situations. He asked if the
radios could be kept at home by the Commissioners.
County Manager O'Neal reported he would discuss this matter
with the Director of Emergency Management, Dan Summers, and report
back to the Board.
Discussion of Filling the Director of Inspections position
commissioner Caster commented on filling the vacant Director
of Inspections position and reported the local architects and
homebuilders have expressed the need to hire a well-qualified
person to "fill this position.
e
County Manager O'Neal reported the Human Resources Department
has advertised the position and is in the process of receiving
applications.
Discussion of Including the Area Between Carolina Beach and Kure
Beach as Part of the Water & Sewer District
Discussion was held on the area between Carolina Beach and
Kure Beach that is not being served with water or sewer by either
municipality. Chairman Greer reported on problems being
experienced with septic tanks and requested the County Engineer to
see if this area can become a part of the Water & Sewer District.
County Manager O'Neal reported he would be glad to check into
the matter.
Reminder of Meeting with the wilmington City council
County Manager O'Neal reminded the Commissioners of the joint
meeting scheduled with the City Council on Tuesday, February 28,
1995, at 9:00 A.M. in the Madeline suite at UNC-Wilmington.
ADDITIONAL ITEMS - COUNTY MANAGER
Seafood Dinner for Members of the N. C. General Assembly Scheduled
for March 15, 1995
County Manager O'Neal reported the date for the Seafood Dinner
has been changed to March 15, 1995, at 6:00 P.M. in the Governor
Holshouser Building at the N. C. State Fairgrounds. Letters have
been written to surrounding counties for funding participation.
e
Discussion of House Bill Relative to Consolidation of Grants into
a Block Food Assistance Grant
Deputy County Manager Atkinson reported the Director of Aging,
Annette Crumpton, is very concerned about the proposed
consolidation of grants into a block food assistance grant that
will negatively impact the Meals on Wheels Program because of
eligibility restrictions. The WIC Program, Child Nutrition
Program, Food Stamp Program, and School Breakfast and Lunch Program
would be combined into a block grant to be reduced by 5%, which
will reduce funding for the Meals on Wheels Program.
County
however, he
legislation
Manager O'Neal reported no action is requested;
felt the Commissioners should be aware of the proposed
on the food programs.
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~INUTES OF REGULAR MEET~NG, FEBRUARY 6, 1995
PAGE 531
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:40 P.M.
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Lucl.e F. Harrell
Clerk to the Board
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