1996-04-01 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 305
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, April 1, 1996, 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, gave the
invocation.
Commissioner Barone led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that three minutes had been reserved
to allow anyone from the public to introduce an item not listed on
the Regular Agenda or comment on an item listed on the Consent
Agenda. He asked if anyone present would like to speak, and he
requested that all remarks be limited to three minutes.
The following items were presented:
Consideration of Increasing Animal Control Citations
Mr. Jesse Hardwick, a resident of New Hanover County,
requested the Board to consider charging a $25 fine per dog when
citations are issued by the Animal Control Division for barking
dogs creating a public nuisance. He, also, requested the Board to
deliver cat cages to senior citizens who are not physically capable
of picking up the cages. He advised that Brunswick County provided
this service to its seniors.
Chairman Greer informed Mr. Hardwick that charging a per dog
fee would not be administratively feasible. He recommended
increasing the $25 fine.
County Attorney Copley responded that enabling legislation was
already in place for New Hanover County to increase the fine.
After further discussion, the County Attorney was requested to
check into increasing the fine and report back to the Board.
Concern for Response Time by the Ogden/New Hanover Rescue Squad
Ms. Mary Mason, a resident of the County and Registered Nurse,
requested the Board to implement a policy to train EMS personnel in
proper identification of roads and subdivisions in New Hanover
County. She reported on a recent incident with a family member who
went into a drug induced seizure from taking a new drug. The EMS
number was called immediately and she was informed that EMS would
be there shortly. After waiting eight minutes, she called again
and there was no response until fourteen minutes after the first
call. By that time she had been able to handle the seizure and the
crisis was over. After contacting the Ogden/New Hanover Rescue
Squad about the slow response time, she was informed that the
transfer of the 911 call to EMS required two minutes with another
two minutes required for EMS personnel to be awakened and get on
the road. In this case, the driver did not know the location of
the subdivision and selected a route that required ten minutes
instead of five minutes. She emphasized the importance of training
EMS personnel on the exact location of all roads and subdivisions
throughout the County to avoid the loss of someone's life in the
future.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 306
Chairman Greer apologized to Ms. Mason for the unfortunate
incident and reported that Staff would check into this matter and
report back to the Board.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item 6-C
for further discussion. He advised that Commissioner Barone had
requested some changes in the language of the March 18, 1996,
minutes as highlighted and presented by the Clerk, to better
clarify her remarks.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to remove Consent Agenda Item 6-C as requested by the Chairman,
approve the minutes of March 18, 1996, with the changes as
requested by Commissioner Barone, and approve the remaining Consent
Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of March 11, 1996, as presented by the Clerk to the Board, and
approved the minutes of March 18, 1996, with the changes requested
by Commissioner Barone.
Approval of Contract #96-0335 with BellSouth for Acquisition of an
Easement on Cathay Road
The Commissioners approved a contract with BellSouth for
acquisition of an easement on the Water and Sewer District well
site located on Cathay Road. BellSouth will place equipment on the
easement that will enhance telephone service to the community. The
Chairman was authorized to execute the contract and the DOT
Driveway Access Permit Application.
A copy of the contract is on file in the Legal Department.
Approval of Revisions to the 1995-96 Home and Community Care Block
Grant for Aging Services
The Commissioners approved the following revisions to the
1995-96 Home and Community Care Block Grant and the associated
Budget Amendment as requested by the Department of Aging:
(1)Reduction in Federal/State monies by $119.
(2)Increase in the budget for Home Delivered Meals by $5,910.
(3)Decrease in the budget for Congregate by $5,910.
(4)Increase Home Delivered Meals & Congregate reimbursement by
5%.
Budget Amendment #96-0165 - Aging/Nutrition-Congregate & Nutrition-
Home Delivered
Debit Credit
Aging/Nutrition-Congregate
CS-Meals $6,029
Nutrition-CDBG $6,029
Aging/Nutrition-Home Delivered
Nutrition-CDBG $5,910
CS-Meals $5,910
Purpose: To revise the Aging/Nutrition-Home Delivered and
Nutrition-Congregate budgets following reductions in Federal and
State monies.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 307
Adoption of Resolutions to Add Roads to the State Highway System
The Commissioners adopted resolutions to add the following
roads to the State Highway System:
Marne Drive in Glynnwood II Subdivision
College Acres Drive
Crews Drive
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 14.
Adoption of Resolution Regarding the Sale of Surplus Property Owned
by New Hanover County
The Commissioners adopted a resolution accepting an offer from
Gerald L. Miressi, Sr. to purchase County owned property (RO-079-
00-003-015.000) located at 6235 Carolina Beach Road in the amount
of $2,000. The ad valorem tax value as of 1989 is $2,000. The
offer will be duly advertised for upset bid.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 14.
Approval of Budget Amendment #96-24 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-45 Controlled Substance Tax
Debit Credit
Controlled Substance Tax
Controlled Substance Tax $562
Controlled Substance Tax
Supplies $562
Purpose: To increase the budget for additional revenue received.
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 #96-0158 - Emergency Management
The Commissioners approved the following Budget Amendment:
96-0158 Emergency Management
Debit Credit
Emergency Management
Other $5,000
Departmental Supplies $3,000
Training and Travel $2,000
Purpose: To budget contribution from CP&L to assist in drill
preparations for the Brunswick Nuclear Power Plant.
APPROVAL OF CONSENT AGENDA ITEM 6-C, BUDGET AMENDMENT #96-0162 -
SHERIFF'S DEPARTMENT ADMINISTRATION
Chairman Greer asked if the County should formally express
appreciation to Andrews Mortuary for making a contribution to the
Sheriff's Department.
After discussion, the County Manager was requested to write a
letter of appreciation to Andrews Mortuary.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to
approve the following Budget Amendment:
96-0162 Sheriff's Department/Administration
Debit Credit
Sheriff's Department/Administration
Other $3,630
Salaries & Wages $2,539
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 308
(Budget Amendment #96-0162 continued)
Debit Credit
Departmental Supplies $ 700
Fuel & Supplies $ 391
Purpose: To budget a contribution from Andrews Mortuary and
reimbursement from the Department of Justice for overtime and fuel.
APPROVAL OF BUDGET AMENDMENT #96-0164 TO AMEND THE CAPITAL OUTLAY
BUDGET FOR NEW HANOVER COUNTY SCHOOLS AS REQUESTED BY THE BOARD OF
EDUCATION
County Manager O'Neal reported on July 1, 1995, the Board of
County Commissioners increased the level of County control over the
Capital Outlay Budget for the schools. The School System has
requested an increase in Category I, HVAC Replacement, from $50,000
to $63,875. Since this amount exceeds the 25% stipulation imposed
by the Board for moving one County appropriation to another, a
Budget Amendment has to be approved by the Board to amend the
Capital Outlay Budget for New Hanover County Schools. The School
System has requested a transfer of funds in the amount of $13,875
from furniture and New Hanover High School renovations to the HVAC
Replacement fund. No additional County funds are required.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the following Budget Amendment to amend the
Capital Outlay Budget for New Hanover County Schools. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #96-0164 - New Hanover County Schools
Debit Credit
New Hanover County Schools
New Hanover High School $ 29
School Capital Outlay $13,846
HVAC Replacement $13,875
APPROVAL OF BUDGET AMENDMENT #96-0163 FOR A CONTRIBUTION TO THE
DISTRICT ATTORNEY'S OFFICE FOR ADDITIONAL OPERATING EXPENSES AND A
TRAINING SESSION
County Manager O'Neal reported the District Attorney's Office
has requested additional funds in the amount of $500 for operating
expenses and a training session. He advised that if the Board
approves the Budget Amendment, the remaining balance in the General
Fund Contingencies account will be $55,895.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve the following Budget Amendment to contribute $500 to the
District Attorney's Office for additional operating expenses and
training sessions. Upon vote, the MOTION CARRIED UNANIMOUSLY.
O6-0163 Non-Departmental/District Attorney's Office
Debit Credit
Non-Departmental
Contingencies $500
District Attorney's Office
Contribution to Outside Agency $500
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 7:01 P.M.
until 7:10 P.M. to hold a meeting of the New Hanover County Water
& Sewer District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 309
ADDITIONAL ITEMS - COUNTY MANAGER
Adoption of Resolution for New Hanover County and the City of
Wilmington to Prepare a Joint Land Use Plan Update
Planning Director, Dexter Hayes, presented a resolution and
reported the County would like to perform a joint Land Use Plan
Update with the City of Wilmington as done in the past. He advised
the County and City would be applying for a Local Planning and
Management Grant from the Division of Coastal Management to provide
for the cost of the update. When the grant is approved by the
State, both governing bodies will be requested to consider and
approve the grant.
Discussion was held on the amount of time given by the City
and County administrative personnel when performing the update.
Planning Director Hayes advised that local resources usually exceed
the granting funding over the two-year period required to complete
the update; therefore, approximately 60-70% of the total cost was
actually funded by the State.
Commissioner Barone referenced the last sentence in the last
paragraph of the resolution and asked why the work plan did not
have to be approved by both governing bodies instead of the City
and County staffs as indicated?
County Manager O'Neal explained that the work plan served as
a guideline for development of the Land Use Plan Update. Once
Staff completes the final document, the governing bodies would be
required to hold public hearings and adopt the plan.
Chairman Greer recommended removing the word, "staffs" at the
end of the last sentence in the last paragraph of the resolution to
avoid confusion.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution to proceed with a joint County/City
Land Use Plan Update with the removal of the word, "staffs" in the
last sentence of the last paragraph in the resolution. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the amended resolution is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXIII, Page
14.
Authorization for New Hanover County to Co-Sponsor the Public Forum
on the Future Development of the Wilmington Harbor
County Manager O'Neal informed the Board that New Hanover
County had been requested by WHET to co-sponsor the Public Forum
being held on April 18, 1996, at 5:00 P.M., in the Graystone Inn,
for discussion on the future development of the Wilmington Harbor.
Discussion was held on whether any County funding would be
requested. County Manager O'Neal responded it was his
understanding that no County funds would be involved.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to co-sponsor the Public Forum for development of the Wilmington
Harbor. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Waiver of Tip Fee for the "1996 First in Flight Air Show"
County Manager O'Neal informed the Board that New Hanover
International Airport had requested a waiver of the tip fee for the
"1996 First in Flight Air Show" to be held on April 20-21, 1996.
He requested direction from the Board.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to waive the tip fee for the "1996 First in Flight Air Show" as
requested by the Airport. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 310
Discussion of National County Government Week
Assistant to the County Manager, Pat Melvin, advised that
National County Government Week would be held April 21-27, 1996.
The theme for the week would be "Bridging the Generations". The
following events have been scheduled working through the New
Hanover County schools and Senior Center:
(1)Open House at the Senior Center and Elderhaus: Retired Senior
Volunteers will escort students from the area schools to
attend the open house events.
(2)Communities Countdown 2000: A program that will focus on
enhancing public awareness of services offered by the County
and the need for community participation.
(3)A Talent Show will be held on April 23, 1996, 7:00 P.M. at
Roland-Grise School.
(4)Public Service announcements will be on television and radio
stations about the services provided by New Hanover County.
County Manager O'Neal advised that a proclamation would be
presented at the next meeting designating April 21-27, 1996, as
"County Government Week" in New Hanover County.
Discussion of Rescheduling a Work Session to Discuss the Futch
Creek Watershed Plan
Discussion was held on rescheduling a Work Session to discuss
the Futch Creek Watershed Plan.
After further discussion, County Manager O'Neal reported he
would include the Work Session on the agenda for the Regular
Meeting to be held on April 15, 1996.
Discussion of Scheduling a Meeting With the Wilmington City Council
to Move Forward With Establishing a Development Center
Chairman Greer reported that Mayor Betz had written a letter
on March 12, 1996, requesting a joint meeting with the Board of
Commissioners to discuss moving forward with establishing a
City/County Development Center. He recommended scheduling a joint
meeting with the City Council to discuss this proposal.
Vice-Chairman Mathews advised that discussion was held on this
request at the Staff Meeting last Thursday morning. He reported a
majority of the Commissioners felt more details should be furnished
on the concept as well as the site to be selected for the
Development Center before scheduling a joint meeting with the
Wilmington City Council. Many of the Commissioners questioned the
proposed 8th and Market Street site for construction of a new
building.
Commissioner Sisson agreed with Vice-Chairman Mathews.
Commissioner Barone emphasized the importance of reviewing
more sites and other buildings before constructing a new structure.
Consensus: After further discussion, it was the consensus of the
Board to request Chairman Greer, Mayor Betz, City Manager Gornto,
and County Manager O'Neal to meet and prepare a report that will
provide details on the concept of the facility, the projected cost,
and alternative sites before scheduling a joint meeting.
Group Picture to be Made on May 20, 1996, at 8:30 A.M.
Chairman Greer announced the group picture of the Board would
be made on May 20, 1996, at 8:30 A.M.
Discussion of Joint Meeting with the New Hanover Regional Medical
Center Board of Trustees Scheduled for May 16, 1996
Commissioner Barone referenced the proposed revenue bond issue
by the Hospital Board of Trustees and advised that questions could
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 311
be asked about the proposed construction projects at the joint
meeting. She requested the County Manager to be sure that members
of the technical staff, such as consulting architects and
engineers, were present to respond to the proposed construction
projects.
Commissioner Caster, the Board's representative serving on the
Hospital Board of Trustees, reported that an informational packet
regarding the bond issue would be delivered to each Commissioner
before the joint Work Session.
After further discussion, the County Manager was directed to
write a letter to Mr. Jim Hobbs, President of New Hanover Regional
Medical Center, requesting that technical staff be present at the
Work Session scheduled for May 16, 1996.
BREAK
Chairman Greer called a break from 7:25 P.M. until 7:35 P.M.
WITHDRAWAL OF PUBLIC HEARING TO CONSIDER A REQUEST BY JERRY SIMMONS
TO ESTABLISH A DOG KENNEL AT 4121 EDNA BUCK ROAD NORTH OF SIDBURY
ROAD (S-391, 3/96)
Chairman Greer announced that the Public Hearing to consider
a request by Jerry Simmons to establish a dog kennel at 4121 Edna
Buck Road north of Sidbury Road had been withdrawn by the
petitioner.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY THE
MINIMUM WATER AND SEWER REQUIREMENTS NEEDED FOR R-10 RESIDENTIAL
DISTRICTS (A-272, 3/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the current language
reads as follows:
Current Language:
53-1. The R-10 Residential District is established as a
district in which the principal use of land is for residential
purposes, and to ensure that residential development having
access to a public water system approved by the State
Utilities Commission but dependent on septic tanks for
sewerage disposal will occur at sufficiently low densities to
ensure a healthful environment.
Planning Director Hayes reported the Planning Board voted
unanimously to revise this section to read as follows:
Proposed Text Amendment:
53-1. The R-10 District is established as a district in which
the principal use of land is for residential purposes with
access to either public water or public sewer. If public
water is not available, then the water system infrastructure
must be installed in accordance with County standards and
connected to a public supply when it becomes available.
The Planning Board discussed the following alternatives: (1)
allowing R-10 with public water or sewer; (2) allowing wells
without a requirement to install a "dry" water system; or (3)
requiring both water and sewer.
Planning Director Hayes noted that the key point to consider
was the level of services needed to support the density allowed by
R-10 zoning, and whether these services were readily available to
serve the proposed project. For example, would a healthful
environment be ensured if an R-10 project had only public sewer and
not public water? He advised that the following alternatives could
be pursued to address this issue:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 312
(1)Revise the section to clearly state that no R-10 District may
be established unless it has a public water system.
(2)Revise the section to require that any R-10 District must have
both public water and sewer.
(3)Revise the section to permit R-10 Districts to have either
public water or public sewer.
Commissioner Sisson inquired as to whether persons with
existing wells would be required to connect to the public water
system?
Planning Director Hayes replied that once a water system was
in place, the persons on wells would be required to connect to the
system.
Discussion was held on whether the Water & Sewer Ordinance had
an established time frame for requiring persons to connect to a
water system upon availability. Assistant County Manager, Dave
Weaver, explained that the Water and Sewer Ordinance did require
persons to connect to the sewer system within six months after
availability; however, he was not sure the Water and Sewer
Ordinance contained this type of requirement for water systems.
After further discussion, Planning Director Hayes stated the Board
may wish to amend the Water and Sewer Ordinance to require persons
on wells to connect to a water system within six months after
availability.
Chairman Greer asked if anyone from the public would like to
comment.
Mr. Dan Dawson commented on attending the Public Hearing held
by the Planning Board and spoke in favor of the text amendment as
recommended by the Planning Board. He also agreed with the
Planning Director and stated persons with existing wells should be
required to connect to a water system within a certain amount of
time after availability.
There being no further comments, Chairman Greer closed the
Public Hearing.
Commissioner Barone asked if a Zoning Text Amendment was an
ordinance modification and stated, if so, she would vote in
opposition to require another public hearing.
Planning Director Hayes explained that a Text Amendment was an
ordinance modification to the Zoning Ordinance; however, the
amendment could be adopted by a majority vote of the Board since
the Public Hearing had been duly advertised in accordance with
State Statutes.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt a Text Amendment revising Section 53-1 of the
Zoning Ordinance as recommended by the Planning Board and direct
the County Attorney to prepare an amendment to the Water and Sewer
Ordinance to require persons to connect to a water system within
six months after availability. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 313
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 14.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY SATURN
CORPORATION TO REZONE 65.8 ACRES ON THE WEST SIDE OF CAROLINA BEACH
ROAD SOUTH OF MARQUIS HILLS SUBDIVISION TO R-10 RESIDENTIAL FROM R-
15 RESIDENTIAL (CONTINUED ITEM Z-560, 2/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
rejected the applicant's request to rezone the entire tract to R-10
Residential by a four (4) to two (2) vote. As an alternative, the
Planning Board voted five (5) to one (1) to recommend rezoning just
the portion of the tract covered by Phase I, Dunhill Woods, R-10
Residential, which is approximately 30.1 acres of the total tract.
The Dunhill Woods preliminary subdivision plan was approved by the
Technical Review Committee in October 1995.
At the Planning Board meeting, a number of zoning options were
debated, such as rezoning the entire tract to R-10; rezoning only
a portion of the tract to R-10; and rezoning the tract to
Conditional Use R-10.
After a review by the Planning Staff, there was concern for
increased traffic in this area of the County, particularly south,
where residential development continues to grow at a rapid pace.
A number of large subdivisions have been approved in the area and
are already under construction. As a result, the level of traffic
along Carolina Beach Road and College Road is expected to increase
significantly. There are no other major roads in the area, and the
only planned improvement is an eastward extension of Sanders Road
to Masonboro Loop Road, which has not been scheduled to be built.
Also, it is Staff's understanding that the existing subdivision
plan approved for the site meets the developers' density
expectations, but some of the design features required by the high
density process, specifically the maintenance of open space areas,
are unduly burdensome. If this is true, the Board may wish to
consider rezoning under R-10 Conditional Use. This would permit
the County to limit the site to the 200 units originally planned
and to mitigate some of the traffic concerns. Conditional Use
would also lessen the impact associated with a higher density
project that would be permitted by right in the R-10 District.
Chairman Greer asked if the petitioner would like to comment.
Mr. Dan Dawson, a consulting engineer representing Saturn
Corporation, presented details and maps on the proposed plan. He
advised that the density allowed in the R-10 Residential Zoning was
the same as many of the surrounding properties and would be
consistent with current development in the area. As to the
suggested conditional use zoning for Phase II and future
development of the site, the applicant feels this zoning would be
incompatible with the plans for development. Conditional Use
Zoning would restrict the ability of the developer to react to
changing market demands because of the lengthy review process which
potentially limits the density already permitted by right under the
current zoning. Unfortunately, the current zoning regulations do
not allow a lower density so that Staff's concerns could be
addressed. He requested the Board to approve the R-10 Residential
Rezoning of the entire tract as submitted by the applicant, which
is consistent with the County's Policies for Growth and
Development, the Land Classification Map, and would be more
compatible with the surrounding development.
Chairman Greer asked if 330 units would be constructed in
Phase I and Phase II instead of the 1,186 units allowed under the
R-10 Residential District?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 314
Mr. Dawson replied that he felt the units would never be over
330; however, this figure could vary with future plans. For
example, the developer may desire to re-arrange the lots to take
advantage of the views near Motts Creek, which could slightly
increase the density.
Chairman Greer asked if anyone from the public would like to
comment. The following remarks were received:
Mr. Robert Haynes, an adjacent property owner, expressed
concern about the access to Carolina Beach Road being severely
restricted for persons living in adjacent subdivisions if the
higher density project is approved. He recommended requiring the
developer to pay for the necessary turn lanes and traffic signals
if the rezoning request is approved in order to protect the public
safety of the residents living in the area. He also expressed
concern for the negative impact of higher density zoning on the
wetlands and Motts Creek. He requested the Board to deny the R-10
rezoning request and allow the property to be developed under its
present R-15 zoning.
Mr. Terry Turner, President of Saturn Corporation, explained
that the subdivision would be a single-family residential
subdivision with 3.2 units per acre; however, the market could
change in the future and some patio detached homes may be
considered in the back of the property along Motts Creek. He
reported the main purpose of the development was to provide
affordable housing, which is badly needed in New Hanover County.
There being no further comments, Chairman Greer closed the
Public Hearing.
Commissioner Sisson reported Staff had summarized the
concerns, and in his opinion, if the entire tract is rezoned R-10,
the County will have no control over future development. Traffic
will only increase and create more problems in the Monkey Junction
area. He expressed opposition to the rezoning.
Chairman Greer responded the Board could approve R-10 zoning
for Phase I, which is the front portion of the property, because a
plan has already been presented and approved for this development.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to rezone Phase I to R-10 Zoning as recommended by the
Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Sisson
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 46.
PUBLIC HEARING TO CONSIDER A REQUEST BY RACINE LLC TO REZONE 40
ACRES LOCATED WEST OF CAROLINA BEACH ROAD, SOUTH OF ECHO FARMS,
EAST OF HUNTINGTON FOREST, AND NORTH OF THE SILVA TERRA SUBDIVISION
TO R-10 RESIDENTIAL FROM R-15 RESIDENTIAL (Z-562, 3/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted three (3) to two (2) to recommend approval of the petition as
submitted. Those voting in favor of the petition felt the change
was consistent with the Land Use Plan and existing R-10 zoning on
adjoining properties. Those in opposition felt the increase in
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 315
density would simply add to traffic congestion already evident
along Silva Terra Drive.
Several property owners appeared before the Planning Board and
spoke in opposition to the rezoning request. Concern was expressed
for an increase in traffic congestion making it difficult for
motorists and pedestrians to use local streets safely. Other
persons were concerned about the type of structures to be built on
the property and the negative impact to their properties.
Chairman Greer asked if the petitioner or anyone from the
public would like to comment.
Mr. Jerry Manning, an attorney representing Racine LLC,
requested approval of the plan as recommended by the Planning
Board. He noted that the net impact in density would be
approximately 34 more homes if all of the land could be developed.
The plan will connect the proposed R-10 development with the
Huntington Forest Subdivision and tie into existing roads and
facilities, which will provide for a better traffic flow throughout
the entire area. The plan is compatible with existing
neighborhoods, and the traffic impact will be minimal. He
requested approval of the R-10 rezoning request.
Commissioner Sisson asked if areas around Ilex and Silva Terra
Drive were zoned R-10 Residential? Planning Director Hayes stated
these areas were zoned R-15, but the property in the back of the
site toward Bernards Landing Road and Huntington Forest were zoned
R-10 residential.
Mr. Stephen King, a resident of Huntington Forest, expressed
concern about safety with the proposed plan because of the
increased traffic from the higher density. He pointed out that
approximately 100% of the traffic leaving Huntington Forest would
go through the new development to access Carolina Beach Road if the
proposed plan was approved. He requested the Board to deny the
rezoning request because of the severe traffic problem that would
be created when accessing Carolina Beach Road.
Ms. Pat Burton, a resident of Silva Terra Subdivision, advised
that the property in question joined a 40 foot right-of-way behind
her property. She asked if this right-of-way had been considered
in the rezoning request?
Planning Director Hayes advised that when the new street
design was completed for the subdivision, the 40 foot right-of-way
would be eliminated.
Ms. Burton requested the Board to allow the 40 foot right-of-
way to remain as a buffer to the subdivision. She expressed
concern about increased traffic, which will create a horrible
traffic situation, and requested the Board to deny the rezoning
request.
Mr. Edward Belden, a property owner in Huntington Forest,
expressed concern for the increased traffic and requested the Board
to deny the request. He stated if the rezoning is approved, the
traffic should be kept on Silva Terra Drive, not down Pleasant Dale
Drive, which will negatively impact property values in the
Huntington Forest Subdivision.
Ms. Gloria Cribb, a resident of 271 Ilex Drive, reported the
proposed road would be in her backyard. She expressed concern for
increased traffic that is already a problem on Ilex Drive. She
requested the Board to deny the high density zoning.
Mr. Duane Kahle, a resident of Huntington Forest, reported no
access was needed on Pleasant Dale Drive, and he requested denial
of the rezoning because of traffic safety concerns for the
residents living in the neighborhood.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 316
There being no further comments, Chairman Greer closed the
Public Hearing.
Discussion was held on whether there could be another access
to Carolina Beach Road. Planning Director Hayes advised that
Parcels M and N could be used; however, these lots would have to be
acquired separately by the developer.
Motion: After discussion of the negative impact of higher density
on traffic in the area, Commissioner Sisson MOVED, SECONDED by
Vice-Chairman Mathews to deny the R-10 rezoning request. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Caster
BREAK
Chairman Greer called a break from 8:55 P.M. until 9:10 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST FROM JOHN NEWTON TO REZONE
1.14 ACRES AT 6855 MARKET STREET TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-563, 3/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the petition as
submitted. It was noted that surrounding commercial zoning had
made the land less desirable for residential use. Discussion was
held on rezoning the entire tract, but the property owner reported
he was not interested in rezoning the entire tract at this time.
Planning Director Hayes advised that based on the area's
zoning pattern and commercial development activities already
underway, rezoning the entire site to B-2 would be appropriate. He
stated the Board may wish to consider rezoning the entire parcel,
although the applicant only wants the area shown on the map in the
agenda packet.
Chairman Greer asked if anyone from the public would like to
comment.
Mr. David Sneeden, representing Mr. John Newton the applicant,
reported since the construction of Mr. Newton's home 45 years ago,
the property was no longer suitable for residential purposes
because the character of the neighborhood had drastically changed.
He requested approval of the B-2 Business rezoning as recommended
by the Planning Board.
Commissioner Sisson requested an explanation as to why Mr.
Newton did not desire to rezone the entire parcel?
Mr. Sneeden stated Mr. Newton would continue to live on the
back of the property, therefore, it would not be appropriate for
him to live on commercially zoned land.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve rezoning 1.14 acres at 6855 Market Street to B-2
Business from R-15 Residential as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW 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
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 317
of the minutes and is contained in Zoning Book II, Section 6, Page
65.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO AMANDA
SMITH FOR ESTABLISHMENT OF A PET GROOMING FACILITY AT 7903 MYRTLE
GROVE ROAD (S-387, 3/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
all persons who desire to comment must be sworn in by the Clerk to
the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
David Smith, Applicant
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to grant the Special Use Permit because the use
would not create negative impacts on nearby residential uses.
Also, the use would not be inconsistent with the Land Use Plan.
There was no opposition at the Planning Board meeting.
Planning Director Hayes presented the following Staff
findings:
General Requirement #1: The Board must find that the use will not
materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved based upon the following findings:
(A)Because the proposed use would be considered a place of
business, local health laws require bathroom facilities be
provided. Water and sewer would be provided by an individual
well and septic tank.
(B)The site is located in the Myrtle Grove Volunteer Fire
Department District.
(C)The site has direct access to Myrtle Grove Road.
General Requirement #2: The Board must find that the use meets all
required conditions and specifications of the Zoning Ordinance
based upon the following findings:
(A)Facilities offering kennels, grooming breeding and/or training
of domesticated animals for a fee are permitted by Special Use
Permit in the R-15 District under the general category of
"Kennels". The site is zoned R-15 Residential.
(B)The proposed use of the property is for pet grooming only.
There are no known plans for boarding, breeding, or training.
(C)The proposed activity would be conducted indoors.
(D)The site has frontage along a state maintained road.
(E)The required minimum front and side yard setback is 50 feet.
(F)The maximum allowable sign area is 2.25 square feet. The
existing sign on the property for the engine repair business
exceeds this maximum.
General Requirement #3: The Board must find that the use will not
substantially injure the value of adjoining or abutting property or
that the use is a public necessity based on the following findings:
(A)The property is currently used for non-residential purposes,
although it is non-conforming.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 318
General Requirement #4: The Board must find that the location and
character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
(A)Excluding the existing non-conforming use, the general area
consists of vacant lots, single-family uses, mobile homes and
mobile home parks.
(B)The nearest non-residential activity to this site is the
convenience food store located to the southwest at Carolina
Beach Road.
Chairman Greer asked if the petitioner or any other sworn-in
persons would like to comment.
Mr. David Smith, the petitioner, reported the pet grooming
facility would be beneficial to the entire area, and he requested
approval of the Special Use Permit.
Chairman Greer asked Ms. Smith if he concurred with the Staff
findings as presented by the Planning Director.
Mr. Smith agreed with the findings as presented.
There being no further comments, Chairman Greer closed the
Public Hearing.
Commissioner Sisson recommended placing a condition on the
Special Use Permit that will allow the facility to be used only for
pet grooming, not for boarding purposes.
Chairman Greer asked Mr. Smith if he agreed with the condition
that the facility would be used only for pet grooming.
Mr. Smith concurred with the condition as recommended.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to grant the Special Use Permit to Ms. Amanda Smith for
establishment of a pet grooming facility with the operation limited
to only pet grooming, at 7903 Myrtle Grove Road based upon the
evidence presented concluding that the use will not materially
endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved; 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 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 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 16.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO STEPHEN
RHODES FOR THE CONSTRUCTION OF 17 DUPLEXES AT 2211 CHAIR ROAD (S-
388, 3/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
all persons who desire to comment must be sworn in by the Clerk to
the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Steve Rhodes, Applicant
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 319
Planning Director, Dexter Hayes, reported the applicant
proposes to construct seventeen (17) duplexes (34 dwellings) on
19.91 acres of land. The units will be rented and there are no
plans to subdivide the property. The Zoning Ordinance permits more
than one principal use per lot provided that adequate land area is
available.
Planning Director, Hayes, reported the Planning Board voted to
approve the Special Use Permit for only eight (8) of the duplexes
shown on the original plan because of the latest version of the
planned Wilmington By-pass, which will cross the rear portion of
the applicant's land. The Planning Board felt it would be prudent
to avoid development in that area of the property until the route
of the bypass was more accurately defined. The petitioner, agreed.
The Planning Board also recommended that road improvements needed
to serve the development must comply with minimum County standards.
There was no opposition present at the Planning Board meeting.
Planning Director Hayes presented the following Staff
findings:
General Requirement #1: The Board must find that the use will not
materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved based upon the following findings:
(A)There is no community water and sewer in the area. Service
would have to be provided by individual wells and septic
tanks.
(B)The site is located within the Wrightsboro Volunteer Fire
Department District.
(C)The site has direct access to Chair Road, a state maintained
road.
(D)The plan must comply with the County Subdivision Ordinance and
site design standards.
General Requirement #2: The Board must find that the use meets all
required conditions and specifications of the Zoning Ordinance
based upon the following findings:
(A)Duplexes are permitted by Special Use Permit in the R-20
District. The site is zoned R-20.
(B)Minimum side, rear and front yard setbacks can be easily met.
(C)Section 63 permits at the discretion of the Building Inspector
the erection of more than one principal use on a lot or tract.
General Requirement #3: The Board must find that the use will not
substantially injure the value of adjoining or abutting property or
that the use is a public necessity based upon the following
findings:
(A)Land in the immediate area is developed with mobile homes and
attached single family uses. Land to the north is zoned
industrial and is occupied by General Electric's Castle Hayne
plant. It has two basic divisions: nuclear and aircraft
engines.
General Requirement #4: The Board must find that the location and
character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 320
(A)With the exception of the General Electric plant to the north,
the area is predominantly rural in nature.
(B)The proposed number of units relative to the overall size of
the tract is consistent with the uses permitted in the R-20
District.
(C)Proposed alignment for the Wilmington Highway 17 By-pass
(Northern Outer Loop) may impact the property.
Chairman Greer asked if the petitioner or any other sworn-in
persons would like to comment.
Mr. Steve Rhodes, the petitioner, reported he was satisfied
with the recommendation of the Planning Board, and he requested the
Board to approve the Special Use Permit.
Chairman Greer asked Mr. Rhodes if he concurred with the Staff
findings as presented by the Planning Director?
Mr. Rhodes agreed with the findings as presented.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit to Stephen Rhodes for the
construction of only eight (8) duplexes as shown on the original
plan, curtail development on the rear portion of the property until
the route has been defined for the Wilmington By-pass, and require
road improvements needed to comply to minimum County standards
based upon the evidence presented concluding that the use will not
materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved; 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 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 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 16.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO WILLIAM
MERRIMAN TO EXPAND AN EXISTING COMMUNITY BOATING FACILITY BY ADDING
SIX SLIPS AT THE EASTERN END OF CAPTAIN'S LANE IN THE MASONBORO
LANDING SUBDIVISION
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
all persons who wish to comment must be sworn in by the Clerk to
the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
William Merriman, Applicant
I. E. Blevin
Chip Jackson
Ray Richardson
Planning Director, Dexter Hayes, reported the applicant seeks
to expand an existing twelve (12) slip community boating facility
by adding six (6) slips. The existing facility was constructed in
the early 1980's and pre-dated the current Special Use Permit
requirement for similar uses. The current facility is linked to
the Masonboro Landing Subdivision and the additional slips would be
linked to Phase II of Masonboro Landing. He reported the Planning
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 321
Board voted unanimously to recommend approval of the request as
submitted. Existing residents of Masonboro Landing voiced their
concerns about the proposed parking spaces to be located adjacent
to the existing bulkhead. These spaces are intended for short-term
use to accommodate loading and unloading of boats. The Masonboro
Landing residents felt the spaces should be moved away from the
bulkhead to an area just to the west that has historically been
used. The applicant advised that CAMA would closely scrutinize any
planned parking that affects coastal wetlands and noted that he was
not sure if shifting of the space would be permitted. The Planning
Board did not believe the loading area as proposed was an important
issue and decided to allow CAMA to determine the fate of this
issue.
Planning Director Hayes presented the following Staff
findings:
General Requirement #1: The Board must find that the use will not
materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved based upon the following findings:
(A)If properly installed, the expansion should create minimal
impacts. The additional slips would be located along an
existing retaining wall, leaving only the installation of
pilings and the extension of the existing five (5) foot
floating dock by an additional 77 feet.
(B)The site has access via an existing 30 foot easement that will
be connected to an extension of Captain's Lane when Phase II
of Masonboro Landing is constructed.
(C)The site is located in the Myrtle Grove Volunteer Fire
Department District.
General Requirement #2: The Board must find that the use meets all
required conditions and specifications of the Zoning Ordinance
based upon the following findings:
(A)Community boating facilities are permitted by Special Use
Permit in the R-15 Residential District. The site is zoned R-
15 Residential.
(B)The total number of slips, including the expansion area, would
be eighteen (18). The total number of lots in Masonboro
Landing, including the Phase II expansion area, is twenty
(20). When County sewer becomes available, the central waste
treatment area for Phase II will be abandoned, freeing up that
lane for two (2) additional lots.
(C)Adequate land area is available to meet off-street parking
requirements. Some of the parking needs will be accommodated
on individual lots.
(D)No commercial activities are proposed.
General Requirement #3: The Board must find that the use will not
substantially injure the value of adjoining or abutting property or
that the use is a public necessity based upon the following
findings:
(A)The additional slips would be located in an existing marina
basin.
(B)Facilities like these normally increase the value of
residential properties.
General Requirement #4: The Board must find that the location and
character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 322
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
(A)Similar facilities are commonplace along the New Hanover
County waterfront.
(B)The facility is a water dependent use which is consistent with
the 1993 Land Use Plan.
Chairman Greer asked if the petitioner or any other sworn-in
persons would like to comment.
Mr. Chip Jackson, an environmental consultant representing the
petitioner, Mr. William Merriman, presented an addendum to the
parking plan which will establish seven (7) permanent parking
spaces west of the turn-around area. The Special Use Permit is
being requested to allow for six additional boat slips to the
Masonboro Landing Boat Basin to coincide with development of Phase
II of the subdivision. The preliminary subdivision plan has been
approved for Phase II of Masonboro Landing. The community boating
facility is an existing permitted basin which was built along with
Phase I of the Masonboro Landing Subdivision and currently contains
12 slips, out of which 10 slips are for the property owners in
Phase I. Provisions were made in the basin deed between the
developer and the homeowners association to allow for expansion of
the basin with future development. There has been concern by the
residents about the parking plan, and an addendum has been
presented to resolve these concerns and meet the environmental
regulations pertaining to wetlands. The Board was requested to
approve the Special Use Permit for expansion of the boating
facility.
Mr. Ray Richardson, representing the Masonboro Landing
homeowners, expressed concern for losing parking spaces at the dock
which are most beneficial to the existing homeowners. He explained
that the homeowners were not opposed to the new construction, but
the residents were concerned about the loss of ten permanent
parking spaces. He requested the Board to place a condition in the
Special Use Permit, if approved, that will require the
establishment of seven (7) permanent parking spaces at the dock.
Chairman Greer asked Mr. Jackson if Mr. Merriman would be
willing to place seven (7) permanent parking spaces at the dock.
Mr. Jackson responded that Mr. Merriman would agree to this
condition.
Chairman Greer asked Mr. Jackson if he concurred with the
Staff findings presented by the Planning Director?
Mr. Jackson concurred with the findings as presented.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit to expand an existing
community boating facility at Masonboro Landing by adding six (6)
slips contingent upon seven (7) permanent parking spaces being
established at the dock based upon the evidence presented
concluding the use will not materially endanger the public health
or safety if located where proposed and developed according to the
plan as submitted and approved; 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
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
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 323
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 16.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ESTABLISH
THREE (3) ALTERNATES FOR THE ZONING BOARD OF ADJUSTMENT
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted to approve the Zoning Text Amendment to revise Section 120-1
for the appointment of three (3) alternates instead of two (2)
alternates for the Zoning Board of Adjustment. The by-laws were
revised by the Board of County Commissioners on November 21, 1994,
because of concern about having enough members of the Zoning Board
of Adjustment present to constitute a quorum. The Zoning Ordinance
needs to be amended to reflect this change.
Chairman Greer asked if anyone from the public would like to
comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to approve the Text Amendment revising Section 120-1 of the
Zoning Ordinance for appointment of three (3) alternates to the
Zoning Board of Adjustment instead of two (2). Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 14.
PUBLIC HEARING TO CONSIDER RENAMING LANCASTER STREET (SR 1488) IN
THE MIDDLE SOUND COMMUNITY TO CHEWNING STREET
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, informed the Board that
Lancaster Street located in the Ocean View development between Hess
and Bailey Avenues in the Middle Sound Community was a road name
duplication. He requested the Board to rename the street to
Chewning Street and advised that a majority of the residents were
in agreement with the name as well as the E-911 Center. He
requested the Board to adopt an ordinance to rename the road and
assign house numbers.
Chairman Greer asked if anyone from the public would like to
comment.
Ms. Chewning reported on the problems being experienced with
identifying the location of the street because of a duplicated
name, and she requested the Board to approve the orders renaming
the street and assigning house numbers.
There being no further comments, Chairman Greer closed the
Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt ordinances renaming Lancaster Street (SR 1488) to Chewning
Street and assigning new house numbers as recommended by the
Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the ordinances are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 14.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 324
ADDITIONAL ITEMS - COUNTY ATTORNEY
Discussion of Leader Construction Company Lawsuit Settlement
County Attorney Copley reported settlement had been reached on
the Leader Construction Company lawsuit, and advised that the
surety company had agreed to pay the County $60,000, which is in
addition to the $50,000 already received from the architect, HNTB.
She requested the Board to accept the $60,000 settlement.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to accept the $60,000 settlement from the surety company for the
Leader Construction Company lawsuit. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Barone reported that no repairs had been made at
the Airport and she expressed concern about the damage that will
continue to occur with water seeping inside the roof. She
requested the Board to urge the Airport Authority to move forward
with repairing the roof.
Consensus: It was the consensus of the Board for the County
Attorney to request the Airport Authority to move forward with
repairing the roof to avoid further water damage.
Discussion of Proposed Legislation for the Short Session of the
North Carolina General Assembly
County Attorney Copley commented on the proposed legislation
for the Short Session of the N. C. General Assembly and reported
the Steel Can Ban legislation had been amended to prohibit steel
can incineration as requested by Chairman Greer. She requested the
Board to review the proposed legislation so that any concerns could
be discussed at the Staff meeting to be held on Thursday, April 11,
1996. She reported once the proposed legislation was in order,
packets would be made for each legislator and elected officials
from the municipalities before the Legislative Coordinating Council
meeting to be held on April 29, 1996.
Chairman Greer advised that language had been prepared by the
State Ombudsman regarding the formula on the number of members that
could serve on Nursing Home Community Advisory Boards. He
requested the County Attorney to check into this recommendation to
see exactly what is being requested by the State Ombudsman.
County Attorney Copley reported she would contact the State
Ombudsman and report on the details of the legislation before the
next Staff Meeting to be held on April 11, 1996. She advised that
a local bill had been prepared by the County to allow one committee
member for every fifty nursing home residents. Also, a local bill
had been prepared to allow New Hanover County to retain its own
Ombudsman.
Discussion of Ogden Volunteer Fire Department Substation
County Attorney Copley reported after meeting with Jim Lea,
the attorney for the Ogden Volunteer Fire Department, and George
Rountree, the attorney for Figure Eight Island residents, a draft
agreement has been presented to the County. She requested the
Board to pay particular attention to the following items in the
agreement:
1.The County and the Ogden Volunteer Fire Department would be
tenants in common in the land and building. New Hanover
County would receive an interest commensurate with its
contribution, but not more than 49%.
2.Ogden's interest includes an appreciated property value.
Ogden paid $35,000 for the property, but would receive credit
for the current appraised market value.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 325
3.If Ogden loses its County contract, the County would be
required to purchase Ogden's share at a 125% premium (125%
times the current market price).
She requested the Board to review these items and be prepared
to discuss the draft agreement at the Staff Meeting to be held on
April 11, 1996.
Discussion of Paint Problem at the Animal Control Center
County Attorney Copley reported that a problem had developed
with the paint used on the cement floor at the Animal Control
Center. A two-part epoxy paint was purchased for the project from
the N.S.P. Specialty Products Company. Group III was paid $5,000
to apply the paint. Within a couple of months, the floor paint
began to flake and peel. In almost all areas where the paint was
applied it has deteriorated. Paint specialists have cited the
following causes for the problem: (1) improper mixing; (2)
improper cleaning of the concrete prior to application; (3) failure
to wash off muriatic acid (used to etch the concrete) prior to
application; (4) moisture migration from below; or (5) failure to
follow application procedures outlined by the paint supplier.
After discussion with a paint specialist, it would cost the
County approximately $4,000 to hire a paint expert to determine the
cause of the problem plus an additional cost for testifying in
court.
County Attorney Copley requested direction from the Board as
to whether the County should hire a paint expert and move forward
with litigation, or spend the money to correct the deficiencies.
County Manager O'Neal reported Staff felt the problem occurred
from not completely removing the muriatic acid when preparing the
concrete floor for the paint application. He advised that this
work was performed by the paint contractor. However, after
reviewing the problem and being aware of the numerous times the
concrete floor has to be washed, the County may need to consider
installing tile in lieu of repainting the floor.
Vice-Chairman Mathews asked if anyone guaranteed the paint or
application of the paint?
County Manager O'Neal stated the County purchased the paint in
an effort to save money. He reported the painter denies the
responsibility of the paint failure because the paint was purchased
by the County.
Further discussion was held on the cost of installing tile in
this portion of the Animal Control Facility. Vice-Chairman Mathews
recommended installing tile to take care of the problem if the cost
is comparable to the amount of money that will be spent in filing
a lawsuit.
County Manager O'Neal responded he was not sure of the cost
involved with installing tile; however, he would be glad to check
into this matter and report back to the Board.
Chairman Greer expressed grave concern for using taxpayers
money to pay for poor, shoddy work performed by contractors, and he
recommended moving forward with litigation.
Commissioner Sisson agreed and stated the County should pursue
filing a lawsuit when a contractor has not fulfilled the
obligations of a contract.
Consensus: After further discussion, it was the consensus of the
Board to direct the County Attorney to move forward with filing a
lawsuit against the paint contractor.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 1, 1996PAGE 326
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of a County Water System
Commissioner Caster commented on his many trips to other
counties during the campaign and reported that many smaller
counties had elaborate water and sewer systems. He asked why New
Hanover County had not been able to develop a water system?
County Manager O'Neal reported that federal and state grant
funds were available for water and sewer systems approximately 15
years ago under certain eligibility requirements. Since New
Hanover County was not one of the poorer rural counties at that
time, the County was not eligible to apply for grant funding.
Commissioner Sisson reported other alternatives could be
considered such as working with the Lower Cape Fear Water and Sewer
Authority to provide water for fire fighting purposes on Highway
421 North. He urged the Board to consider other alternatives so
that adequate water supplies could be provided to heavily populated
areas throughout the County.
Report on a Visit to the Caribbean Mercy Ship
Vice-Chairman Mathews reported on visiting the Caribbean Mercy
Ship and reading the proclamation adopted by the Board of County
Commissioners at the last meeting. He commented on the outstanding
medical services given by volunteers serving on these ships, and he
urged persons to take time to visit the ship and contribute or
donate some of the items needed for the provision of medical
services to needy countries.
Discussion of the Acoustics and Rental of the Assembly Room
Vice-Chairman Mathews commented on the poor quality of the
sound system during the meeting and he requested Staff to search
the records to see what recommendations were made by the sound
engineer, such as carpeting drapes, etc., when installing the sound
system.
Assistant County Manager, Dave Weaver, stated he would check
into this matter and report back to the Board.
County Manager O'Neal reported that someone did go into the
sound room and turn the control knobs on the main component, which
has created a problem with the entire sound system. He advised the
Board that the system would be checked and working before the next
meeting.
Discussion was held on whether renting the Assembly Room was
worth the damage that has occurred to the room, particularly to the
floors. County Manager O'Neal reported the Board could discontinue
renting the room; however, he felt the public would complain about
this decision.
Assistant County Manager Weaver reported the Director of
Property Management was in the process of preparing a
recommendation for discontinuing rental of the Assembly Room or
increasing the current fee of $250 for private receptions held in
the room. He advised that the City currently charges $750 for
private receptions in the Council Chambers and reported this item
will be placed on the agenda within the next month.
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board