1996-05-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 349
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, May 6, 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 Caster 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 all persons to limit their remarks to three minutes.
Request to Dock a Sherman Class Destroyer on the Spoil Dredge Site
Owned by New Hanover County
Attorney George Rountree, III, representing Sigma Recycling,
LLC, an operator of a shipcrafting business on the Cape Fear River,
requested the Board to consider allowing his client to berth a
Sherman class destroyer on the river at the spoil site owned by New
Hanover County. Due to a dispute with the N. C. Department of
Environment, Health & Natural Resources about the duration of the
committed period of time at anchor, all seven vessels have been
removed from their position at the confluent of the Brunswick and
Cape Fear Rivers. Sigma Recycling, LLC has complied to the State's
request and needs additional space to berth the remaining vessel
which would encroach on County owned property by no more than 300
feet.
Attorney Rountree advised that an agreement had been delivered
to County Attorney Copley that would fully indemnity the County and
allow for termination of the agreement within seven (7) days. He
requested the Board to consider approval of the agreement to allow
the vessel to be berthed on the spoil site in order to help this
company remain in business.
Chairman Greer inquired as to how far the vessel would
encroach on County owned property?
Attorney Rountree responded no more than 300 feet; however, it
might be possible to berth the vessel with use of only 100-150 feet
of County owned property.
Vice-Chairman Mathews requested more time to consider the
agreement since the company has a less than spotless record
involving environmental issues.
Commissioner Barone asked if any risks could be incurred by
the County with the vessel docked on County owned property?
Assistant County Manager, Dave Weaver, reported there are
concerns relative to mooring the vessel on the site. For example,
if the vessel should sink or bankruptcy should occur with Sigma
Recycling, LLC who would remove the vessel? If the Board decides
to enter into an agreement with Sigma Recycling, LLC, a performance
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 350
bond should be required to ensure that funds will be available to
remove the vessel.
Further discussion was held on the need for the members of the
Board to thoroughly review the agreement. Attorney Rountree
advised that postponing action until the next meeting would be
acceptable to Sigma Recycling, LLC.
Consensus: It was the consensus of the Board to defer action on
approval of the proposed agreement until May 20, 1996.
Discussion of Proposed Contract for Collection of Child Support
Payments
Mr. Wayne Loftin, President/CEO of PDS Investigations and
Security, expressed concern for the recommended award of a contract
to a collections firm in Michigan for the collection of child
support payments for the Department of Social Services. He
referenced a newspaper article in the local paper stating that PDS
Investigations and Security had submitted a bid after the County's
deadline and that no document had been previously submitted. He
reported that he and members of his firm had met with Chairman
Greer and members of the Board of Social Services in 1993. At that
time, he expressed a desire and interest in implementing this
program in New Hanover County because he was preparing a program
for Governor Jim Hunt. Also, he met with the Director of Social
Services, Wayne Morris, about the program.
Mr. Loftin strongly objected to being dismissed and appearing
professionally delinquent or irresponsible when the firm was
involved in implementing a collections program for New Hanover
County in 1993. He requested the Board to redress the bidding
process with investigation into how the notification process was
handled to understand why so many local firms were not aware of the
bid and a company in Michigan was being considered.
Chairman Greer expressed appreciation for the comments and
stated he did discuss this matter with Mr. Loftin. He expressed
concern for PDS Investigations and Security not being notified of
the bidding process and requested the Board to withdraw the bid and
re-bid the contract.
Commissioner Barone advised that hiring a private contractor
to collect child support payments had been discussed several times
during Staff meetings. Also, there appears to be some
misconception on behalf of Staff because the contract refers to
privatizing only "delinquent child support collections"; whereas,
the minutes of June 19, 1995, clearly state that the contract would
be for privatizing "all child support collections".
Chairman Greer reported since the bid award was on the Consent
Agenda, he would remove this item when approving the Consent Agenda
and vote on this issue separately in order to rebid the contract.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item #9
from the Consent Agenda so this item could be voted upon
separately. He advised the Board that the Department of Social
Services proceeded with submitting a request for bids and PDS
Security and Investigations was not included in the process;
therefore, he felt the bids received should be rejected and the
contract rebid.
County Manager O'Neal advised that County Staff had followed
the correct advertising and formal bidding process as outlined
under State Statutes.
Chairman Greer responded that he was sure Staff followed the
proper procedure; however, he did not feel David M. Griffith &
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 351
Associates, Ltd. or the National Child Support Center read the ad
in the Star-News.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
reject all bids received and rebid the contract. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Commissioner Barone commented on Consent Agenda Item #11-C
regarding the CP&L Intervention Program and requested an
explanation of why CP&L was involved with the Child Day Care
Program.
Director of Social Services, Wayne Morris, reported the Budget
Amendment was for two separate issues: (1) to budget additional
State funds for the Child Day Care Services program; and (2) to
budget money for the CP&L Intervention Program which provides
heating assistance to needy people.
Commissioner Barone expressed appreciation to Director Morris
for the explanation and stated she did not realize that two
separate items were included in the Budget Amendment.
Chairman Greer inquired about Consent Agenda Item #6, the
Department of Aging contract with Newbold's Carolina Seafood in
Richlands, North Carolina, and requested an explanation as to why
this contract could not be provided and prepared by a local firm
since there was very little difference in the bid prices received.
Purchasing Agent, Amy Akin, reported the County will save
$11,710 per year by accepting the lowest bid. Also, the food is
prepared in the kitchen at the Senior Center, not in Richlands,
North Carolina, with company personnel living in Wilmington.
Discussion of Consent Agenda Item #2, a Proposal to Change the
County Medical Insurance Plan to the MedPoint Plan Offered by Blue
Cross Blue Shield of North Carolina
Commissioner Barone reported she had received numerous calls
from County employees about the proposed change in the medical
insurance plan. She requested postponing this item so additional
time could be given to thoroughly review the plan.
County Manager O'Neal reported in an effort to slow down the
increasing rates for health insurance, the Human Resources
Department had worked many hours to find a plan that would save
money and provide quality medical care to the employees through the
Blue Cross Blue Shield MedPoint Plan. He commented on the tendency
toward managed care in the insurance industry and stated the County
would save a great deal of money under the new plan.
Director of Human Resources, Andre' Mallette, reported the
County now provides two plans: (1) a comprehensive and major
medical plan; and (2) a PCP Managed Care Plan. Due to a continuing
increase in the County's portion for medical insurance, from
$3,000,000 to $5,300,000 in 1995, management felt this cost had to
be reduced. The MedPoint Plan is a point of service product, and
every employee must select a doctor as a personal care physician.
However, the employee can change to another personal care physician
if so desired. Also, the employee can go out of the network and
select a doctor of his or her choice with the insurance coverage
paying 70% and the employee paying 30% of the services provided
with a $300 deductible and $3,000 out-of-pocket expense before the
plan pays 100%.
Commissioner Sisson strongly objected to the insurance
industry forcing employees into managed care, and he asked if this
item could be postponed for further study of the plan.
Human Resources Director Mallette reported that all employees
would have to be enrolled before June 1, 1996, in order to
implement the new program.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 352
A lengthy discussion was held on the change in the plan and
the orientation meetings that must be attended by the employees in
order to receive medical insurance coverage. Vice-Chairman Mathews
inquired as to how the plan was being received by a majority of the
employees.
County Manager O'Neal reported generally the plan has been
received well with the exception of one or two departments.
Commissioner Barone stated, for the record, she would like to
be assured that the employees can change doctors and still receive
medical coverage.
Human Resources Director Mallette responded the employees can
change doctors as often as desired.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to change the County Medical Insurance Plan to the MedPoint Plan
offered by Blue Cross Blue Shield contingent upon employees being
able to change their primary care doctors, if desired, or select a
doctor out of the network and pay more for the medical services
rendered. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the Consent Agenda with removal of Item #2 and
Item #9. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of April 15, 1996, as presented by the Clerk to the Board.
Adoption of Resolution to Reject the Office Furniture Bid #96-0309
for the Department of Social Services (DSS)
The Commissioners adopted a resolution to reject the open
panel office furniture system for the DSS expansion. In an attempt
to save money, Staff investigated the use of refurbished panel
systems and has requested authority to reject the bid and re-bid
the project.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
Authorization to File the FY 1996-97 Alternatives to Detention
Grant Application
The Commissioners authorized the Chairman to execute the FY
1996-97 Alternatives to Detention grant application to provide an
alternative to secure detention for selected juveniles. The
juveniles will be allowed to remain in the community, but must
abide by certain specific conditions. During this time, the
program will provide early intervention during crisis periods while
awaiting the court hearing. No County funds are required.
Adoption of Resolution for the Sale of Surplus Property Owned by
New Hanover County
The Commissioners adopted a resolution to accept an offer for
the sale of surplus property owned by New Hanover County identified
as follows:
Parcel Number Address Amount of Offer
079-00-003-015.000 6235 Carolina Beach Road $2,000
Offerer:
Gerald L. Miressi, Sr. Ad Valorem Tax Value
6241 Carolina Beach Road $2,000
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 353
Adoption of Resolution to Award the FY 1996-97 Nutrition Services
Contract for the Department of Aging to Newbold's Carolina Seafood
& BBQ, Inc. - Bid #96-0304
The Commissioners adopted a resolution awarding the FY 1996-97
nutrition services contract for the congregate and home-delivered
meals program at the Department of Aging to Newbold's Carolina
Seafood & BBQ, Inc., the lowest bidder, at the following prices per
meal: $2.05 on days when less than 500 meals are prepared; $2.04
on days when 500 or more meals are prepared; and $2.03 on days when
600 meals or more are prepared.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
Acceptance of Home and Community Care Block Grant for FY 1996-97
for the Department of Aging
The Commissioners accepted $434,863 in Home and Community Care
Block grant monies for FY 1996-97, which is an increase of $9,948
over the funds received in FY 1995-96. The Chairman was authorized
to execute the necessary documents. The grant funds will be used
as follows:
Transportation $ 40,998
Home Delivered Meals 70,638
Congregate Nutrition 79,561
Information & Case Assistance 30,208
Senior Center Operations 24,185
Care Management 39,974
In-Home Services 105,093
Adult Day Care 44,206
Total $434,863
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted the following resolutions to add
roads to the State Highway System:
King Arthur Drive
Churchill Estates, Sections 1 and 6-D
NorthChase Development
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 16.
Renewal of Interim Assistance Program Contract for the Department
of Social Services
The Commissioners renewed the Interim Assistance Program
contract for the Department of Social Services to recoup funds paid
on behalf of Supplemental Security Income applicants during the
period in which the SSI application is being processed. The
Department usually recoups approximately $7,000 to $8,000 per year.
The Chairman was authorized to execute the necessary contract
documents.
A copy of the contract is on file in the Legal Department.
Approval of Budget Amendment #96-49 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
96-49 Controlled Substance Tax
Debit Credit
Controlled Substance Tax
Controlled Substance Tax $1,391
Controlled Substance Tax
Supplies $1,391
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 354
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 deemed necessary by the
Sheriff.
Approval of Budget Amendment #96-0188 - Human Services
Transportation
The Commissioners approved the following Budget Amendment:
96-0188 Human Services Transportation
Debit Credit
Human Services Transportation
Contact Services $2,007
Human Services Transportation
Travel $2,007
Purpose: To adjust the budget due to the requirement of additional
travel expenses for the Assistant to the County Manager as a result
of participation in the Transit 2001 Program. The Budget Amendment
would normally not require Board approval; however, the N. C.
Department of Transportation requires approval of the Budget
Amendment by the Board of County Commissioners.
Approval of Budget Amendment #96-0190 - Social
Services/Administration - Department of Social Services
The Commissioners approved the following Budget Amendment:
#96-0190 - Social Services/Administration - Department of Social
Services
Debit Credit
DSS/Administration
Administrative Grants $6,690
DSS/Child Day Care
Office of Day Care $5,863
Day Care Services $5,863
DSS/CP&L Intervention Program
Assistance Payments $6,690
Purpose: To budget State funds for the Child Day Care Services
Program and the CP&L Intervention Program. No additional County
funds are required.
Approval of Budget Amendment #96-0191 - Sheriff's Department/
Administration
The Commissioners approved the following Budget Amendment:
96-0191 Sheriff's Department/Administration
Debit Credit
Sheriff's Department/Administration
Other $5,000
Departmental Supplies $5,000
Purpose: To budget $5,000 received as restitution from a defendant
for travel expenses incurred by the Sheriff's Department while
conducting an investigation.
Approval of Budget Amendment #96-0192 - Aging/Senior Center
The Commissioners approved the following Budget Amendment:
96-0192 Aging/Senior Center
Debit Credit
Aging/Senior Center
Other $5,740
Capital Outlay $5,740
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 355
Purpose: To budget insurance proceeds for the replacement purchase
of two pianos at the Senior Center.
Approval of Budget Amendment #96-0193 Vehicle Management - New
Hanover County Garage
The Commissioners approved the following Budget Amendment:
96-0193 - Vehicle Management
Debit Credit
Vehicle Management
Garage Charges $100,000
Purchases for Inventory $100,000
Purpose: To budget additional revenue/garage charges to offset the
greater than anticipated repairs required on County vehicles during
this fiscal year.
Approval of Budget Amendment #96-0194 - Register of Deeds
The Commissioners approved the following Budget Amendment:
96-0194 - Register of Deeds
Debit Credit
Register of Deeds
Other $ 4,535
Real Property Transfer Tax $12,000
Capital Outlay $16,535
Purpose: To budget insurance proceeds for replacing and repairing
equipment damaged during a break in, and budget greater than
anticipated revenues to automate the Vital Records Division to more
efficiently serve the public.
Approval of Budget Amendment #96-0197 - Sheriff's Department/
Administration
The Commissioners approved the following Budget Amendment:
96-0197 - Sheriff's Department/Administration
Debit Credit
Sheriff's Department/Administration
Other $500
Departmental Supplies $500
Purpose: To budget a contribution from the Loyal Order of Moose to
the Sheriff's Department for the D.A.R.E. Program.
ADOPTION OF PROCLAMATION DESIGNATING APRIL 24, 1996, AS "ARMENIAN
MARTYRS DAY" IN NEW HANOVER COUNTY
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the revised proclamation designating April 24, 1996, as
"Armenian Martyrs Day" in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
ADOPTION OF PROCLAMATION HONORING FOSTER PARENTS
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt a proclamation designating the month of May, 1996, as
"Foster Parent Appreciation Month" in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 356
APPOINTMENT OF COMMISSIONER CASTER TO SERVE ON THE CAPE FEAR
COMMUNITY COLLEGE LONG-RANGE PLANNING COMMITTEE
Chairman Greer reported the Cape Fear Community College Board
of Trustees had established a Long-Range Planning Committee to
analyze the needs of the college and prepare a plan through 2025.
He stated the Board of Trustees had requested one County
Commissioner serve on the committee, and he asked if any member of
the Board would like to serve?
Commissioner Caster stated he would be glad to serve on the
Committee.
Consensus: It was the consensus of the Board to appoint
Commissioner Caster to serve on the Cape Fear Community College
Long-Range Planning Committee.
AUTHORIZATION FOR STAFF TO PROCEED WITH THE PURCHASE OF 1.2 ACRES
OF PROPERTY ADJOINING THE 700 NORTH FRONT STREET PROPERTY FOR CAPE
FEAR COMMUNITY COLLEGE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT
#96-0201
County Manager O'Neal reported that Mr. David Weil and DeWayne
Anderson have indicated a desire to sell 1.2 acres of property that
adjoins the parcel at 700 North Front Street acquired by the County
in 1995 for Cape Fear Community College. The County can purchase
the property at its tax value of $42,000, and the site is
environmentally clean. He asked if the Board would like for Staff
to proceed with acquiring the property.
Chairman Greer requested an explanation on the configuration
of the lot, and asked why the entire parcel was not purchased when
the 700 North Front Street property was acquired?
Dr. Eric McKeithan, President of Cape Fear Community College,
stated the strange configuration of the lot was due to the Third
Street Bridge. He reported the owner did not offer the adjacent
property when the 700 North Front Street parcel was purchased.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to authorize Staff to move forward with purchasing 1.2 acres of
property adjoining the 700 North Front Street property in the
amount of $42,000 for Cape Fear Community College and approve the
associated Budget Amendment as listed below. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
#96-0201 - Commissioners' Office/Cape Fear Community College
Debit Credit
Commissioners' Office
Appropriated Fund Balance $43,000
Cape Fear Community College
Land Costs $43,000
Purpose: To appropriate fund balance to purchase land for Cape
Fear Community College and for related closing costs.
DISCUSSION OF SITES AVAILABLE FOR CONSTRUCTION OF THE MIDDLE/HIGH
SCHOOL COMPLEX
Mr. Bill Hance, Assistant Superintendent of Schools reported
the County has an opportunity to consider the following sites for
the location of a future Middle/High School Complex.
Site #1 - Efird Property: This site, referred to as the
fairgrounds, is located on Carolina Beach Road adjacent to the new
South Central Elementary School. The parcel is 100 plus acres at
an estimated value of $4,500,000 based on $45,000 per acre. After
a thorough analysis of the site under a rating system prepared by
the School Administration, this site received the highest number of
points (86) because of its shape and depth, road frontage, and
access to utilities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 357
Site #2 - Sobol Property: This site is located south of Monkey
Junction, between Lobos Lane and Grand Champion Road, west of
Highway 421. The parcel is 100 plus acres at an estimated value of
$3,750,000 based on $37,500 per acre. After a thorough analysis of
the site under a rating system prepared by the School
Administration, this site received the second highest number of
points (62) because it is limited by its shape, configuration,
access to utilities, and lack of road frontage.
Site #3 - American Crane Property: This site is located adjacent
to the J. C. Roe Elementary School, bordered on the west by the
River Road, on the south by Seaboard Coastline Railroad, Raleigh
Street, Vance Street, and Worth Drive which dead ends into the
site. The parcel is 180 plus acres at an estimated cost of
$3,240,000 to $3,600,000 based on $18,000 to $20,000 per acre.
After a thorough analysis of the site under a rating system by the
School Administration, this site received the third highest number
of points (58) because it is located in an industrial area which
could become a serious long-term safety concern. The site has all
utilities, road access, and its shape and depth are adequate.
Commissioner Barone expressed concern for taking action on
this item before the Board of Education had met and selected a
preferred site. She, also, advised that the consultant hired to
prepare a proposal on the preferred location had recommended
placement of the Middle/High School Complex south of Monkey
Junction.
County Manager O'Neal reported it was difficult to find large
parcels of land south of Monkey Junction because of wetlands.
Mr. Philip T. Triece, representing Dr. Sobol, the property
owner of Site 2, reported some statements in the analysis performed
by the School Administration were misleading. He presented the
following information:
(1)The Sobol property will have sewer on the site within 12 to 18
months, long before a school can be constructed.
(2)The site has ample land to provide over 100 acres excluding
any wetlands. The small area indicated on a zoning map as
possible wetlands can be avoided, but it is likely that a
survey of the land will reflect that the area of wetlands, if
any, has been overstated.
(3)The site is located between Monkey Junction and Snows Cut, the
area where the redistricting consultant indicated the new
school should be located. It is approximately three miles
north of the Myrtle Grove Road intersection.
(4)The most significant item of uncertainty impacting Site 2 is
the availability of water. Currently, water systems of Beau
Rivage and Dobo can provide water service with the property
owner paying for the cost of the lines and a well to increase
capacity. It appears that the City of Wilmington will
purchase the Dobo system.
Mr. Triece reported it would be a mistake to take action on a
site until further study has been made of the Sobol property.
Mr. Hance advised that a major concern with Site 2 was the
lack of water availability. He reported sufficient water pressure
would have to be provided to accommodate the school, auditorium and
fire hydrants.
Motion: After discussion, Commissioner Caster MOVED, SECONDED by
Commissioner Sisson to continue this item until May 20, 1996, in
order to review the information presented by Mr. Triece and allow
the Board of Education to select a preferred site. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 358
BREAK
Chairman Greer called a break from 8:25 P.M. until 8:45 P.M.
SECOND READING OF AN ORDINANCE AMENDING CHAPTER 15, WATER SUPPLY
SYSTEM, ARTICLE II, WASTEWATER COLLECTION AND TREATMENT OF THE NEW
HANOVER COUNTY CODE
Chairman Greer reported this was the second reading of an
amendment to the Water and Sewer Ordinance to charge a flat fee of
$60 instead of $100 for additions to single family residences.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the amendment to Chapter 15, Water Supply System,
Article II, Wastewater Collection and Treatment of the New Hanover
County Code, to charge a flat fee of $60 for additions to single
family residences. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Caster
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16. The
ordinance will be codified into the New Hanover County Code.
DISCUSSION OF DEVELOPING A "LAND MANAGEMENT AND DEVELOPMENT
SERVICES CENTER" WITH THE CITY OF WILMINGTON
County Manager O'Neal reported the City of Wilmington sold the
WLI Building to the First Baptist Church and is in the process of
relocating its Planning Department. He advised that discussion had
occurred between the two governing bodies about developing a Land
Management and Development Services Center with placement of both
City and County Planning Departments, Engineering Departments, and
the County Inspections Department in one building. County Manager
O'Neal commented on the County needs that must be addressed in the
FY 1996-97 Budget and stated the County does not have to move
forward with this concept at this time since the County Planning
Department, Inspections Department, and Engineering Department are
already located in one building.
Chairman Greer requested the Board to make a decision so the
City will know how to proceed with its plans.
Commissioner Sisson stated he was in favor of having one
location for these services; however, he felt the City and County
Planning Departments should be merged to provide more efficient
services to the public, which should save money for both
governments. Also, without a merger, the County should take time
to perform a thorough study of the cost involved since the County
departments are already in one location.
Commissioner Caster reported he agreed with the concept if the
long-range plan is to merge the City and County Planning
Departments.
Discussion was held on the cost involved with constructing a
new building. It was generally agreed that all efforts should be
made to locate a vacant building that would house and provide ample
parking for a Land Management Development Center.
Motion: After further discussion, Commissioner Sisson MOVED to
support the project contingent upon not constructing a new
building. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Motion: Vice-Chairman Mathews reported due to the number of needs
facing the County in the FY 1996-97 Budget and the fact that County
services are already in one location, he would MOVE NOT TO PROCEED
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 359
with this project at this time. The MOTION WAS SECONDED by
Commissioner Barone.
Commissioner Caster expressed concern for not moving forward
with the project because, in his opinion, merging services will be
the trend of the future for New Hanover County and the City of
Wilmington.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Caster
Commissioner Sisson
REZONING APPLICATION WITHDRAWN TO CONSIDER REZONING APPROXIMATELY
15 ACRES AT THE SOUTHEAST CORNER OF GREENVILLE LOOP ROAD TO
CONDITIONAL USE B-2 BUSINESS FOR A SHOPPING CENTER FROM R-15
RESIDENTIAL AND B-2 BUSINESS
Chairman Greer announced that a letter had been received on
May 3, 1996, from the petitioner, Robert R. Johnson, withdrawing
the rezoning application. He stated, for the record, the
application cannot be resubmitted for at least twelve months.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A 150 FOOT CELLULAR COMMUNICATIONS TOWER AND SUPPORT
BUILDING AT 5519 CAROLINA BEACH ROAD (S-393, 4/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes
Scott B. Smith
Rick I. Sherwood
Planning Director, Dexter Hayes, reported the Planning Board
voted six to zero to recommend approval of the tower with the
following conditions to ensure tower safety, maintenance, and
collocation opportunities:
(1)The tower must be constructed to federal safety standards
concerning wind loading.
(2)Two off-street parking spaces must be provided.
(3)The tower must be designed to accommodate collocation.
Planning Director Hayes presented the following preliminary
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:
(1)The site requires no water and sewer services.
(2)The site has direct access to Carolina Beach Road.
(3)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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 360
(1)Communication towers and related structures are permitted by
Special Use Permit in the B-2 Business District. The property
is zoned B-2.
(2)Except for general setbacks, the Ordinance does not impose any
special setback measures.
(3)The site plan depicts one off-street parking space that will
be provided. Zoning Enforcement has routinely required that
these facilities provide for off-street parking.
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:
(1)The site and surrounding properties are zoned B-2 Highway
Business, which permits a wide range of retail uses,
commercial services, offices, warehousing, and related uses.
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:
(1)There is a wide range of commercial land uses in the area. A
large shopping center is located to the east. Other uses
located nearby include fast food, dry cleaning, banking, fuel
sales facilities, and miscellaneous retail.
(2)An existing communications tower is located across the highway
to the northwest.
Chairman Greer asked if the petitioner would like to speak.
Mr. Scott B. Smith, the Administrator Site Consultant for GTE
Mobilnet, presented a brochure providing additional information on
the site and reported the site will provide optimum service to an
area in need of cellular service. The vertical antenna is
aesthetically neutral, enhanced for collocation opportunities, and
will utilize the latest technology. Photographs were presented
showing how the tower will look aesthetically with trees left on
the site to better buffer the adjoining properties. After
discussion with adjacent property owners, there was little
opposition to construction of the tower on the site.
Chairman Greer asked if the petitioner concurred with the
conditions recommended by the Planning Board and the Staff findings
as presented by the Planning Director.
Mr. Smith agreed with the conditions and findings as
presented.
Commissioner Sisson inquired as to whether the windload factor
was sufficient to withstand severe weather?
Mr. Rick I. Sherwood, representing GTE Mobilnet, reported the
windload factor was 110 miles per hour with the standard being 105
miles per hour for Wilmington, North Carolina. He reported during
Hurricane Hugo, the towers did not collapse.
Chairman Greer asked if anyone from the public would like to
comment. No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to grant a Special Use Permit to GTE Mobilnet contingent upon the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 361
tower being constructed to federal safety standards concerning wind
loading, the provision of two off-street parking spaces, and the
tower must accommodate collocation 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 17.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A CHILD DAY CARE CENTER AT 6640 GORDON ROAD (S-394, 4/96)
Chairman Greer opened the Public Hearing and announced that
the special use process requires a quasi-judicial hearing;
therefore, persons wishing to testify must be sworn in by the Clerk
to the Board.
The following persons were sworn in:
Dexter Hayes
Jim Hall
Planning Director, Dexter Hayes, reported the Planning Board
voted four to two to recommend approval of the application as
submitted. The members who voted in opposition felt approval of
the use would jeopardize public safety because of traffic
congestion already in the area, especially at peak travel periods.
The establishment of a child day care center would only intensify
the existing traffic on Gordon Road.
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:
(1)The facility will be served by County sewer and community
water.
(2)The site has direct frontage along Gordon Road.
(3)The site is located in the Ogden 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:
(1)Child day care is permitted by Special Use Permit in the I-l
Light Industrial District. The site is zoned I-1.
(2)The applicant has submitted a site plan illustrating the
approximate building size, the building's total service
capacity, off-street parking, setbacks, outside play areas and
signage.
(3)The facility would be designed so that children may be dropped
off or picked up without having to back into the adjoining
road.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 362
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:
(1)Adjoining property is zoned for industrial uses. A new
elementary school is under construction across the street, and
the land is zoned R-15.
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:
(1)There is a wide range of land uses in the general area which
includes commercial and business services, offices, an
industrial supply company, apartments, and an elementary
school under construction.
Chairman Greer asked if the petitioner would like to comment?
Mr. Jim Hall, the petitioner, reported he had been in the
business of operating child day care centers since 1975. He
commented on peak hours for drop-offs from 6:30 A.M. until 9:00
A.M. and from 3:30 P.M. until 6:00 P.M. which, in his opinion,
would not greatly impact the existing traffic on Gordon Road. He
reported the small parcel adjacent to the site would be used for
access to the Day Care Center.
Chairman Greer asked Mr. Hall if he concurred with the Staff
findings as presented by the Planning Director?
Mr. Hall agreed with the findings as presented.
Chairman Greer asked if anyone from the public would like to
comment? No remarks were received.
Chairman Greer closed the Public Hearing.
Commissioner Sisson expressed concern for the proposed use
generating more traffic and stated the Department of Transportation
cannot continue to ignore the traffic problem on Gordon Road.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit 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 17.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR
ESTABLISHING AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO TWELVE
CHILDREN AT 4609 MIDDLESEX ROAD IN KINGS GRANT SUBDIVISION (S-395,
4/96)
Chairman Greer opened the Public Hearing and announced that
the special use process requires a quasi-judicial hearing;
therefore, persons wishing to testify must be sworn in by the Clerk
to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 363
The following persons were sworn in:
Dexter Hayes
Sonya Spencer
Planning Director, Dexter Hayes, reported the Planning Board
voted six to zero to recommend approval of the application with the
following conditions:
(1)The play area in the back yard must be enclosed with a six (6)
foot high wooden fence.
(2)A circular drive must be installed to accommodate pick-ups and
drop-offs.
(3)Off-street parking must be provided as per the Zoning
Ordinance.
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:
(1)The service will be conducted in an existing dwelling, which
is already served by adequate water and sewer.
(2)The site has direct access to a public street.
(3)The site is located in the Winter Park Volunteer Fire
Department District.
(4)The existing dwelling meets design standards imposed by State
day care rules.
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:
(1)Child day care is permitted by a Special Use Permit in
residential districts. The site is zoned R-10 Residential.
(2)Adequate area is available on the site to accommodate off-
street parking.
(3)The applicant plans to construct a circular driveway so that
drop-offs and pick-ups can be made without backing into the
street.
(4)A fenced play area will be provided in the back yard of the
site.
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:
(1)The service will be provided in an existing residential
structure. No exterior alterations are planned.
(2)There are numerous in-home child day care operations in the
County. No evidence has been presented to suggest that these
operations diminish property values.
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
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 364
development for New Hanover County based upon the following
findings:
(1)There are several similar facilities scattered throughout the
Kings Grant and Crestwood neighborhoods.
(2)The service will be provided in an existing dwelling, which is
similar in style to nearby and adjacent residences.
Chairman Greer asked the petitioner if she would like to
speak?
Ms. Sonya Spencer, the petitioner, stated the four general
requirements had been met and advised that adequate land was
available to accommodate parking. She requested approval of the
Special Use Permit for an in-home child day care service.
Chairman Greer asked Ms. Spencer if she concurred with the
Staff findings presented by the Planning Director and the
conditions recommended by the Planning Board including the six-foot
wooden fence.
Ms. Spencer agreed with the Staff findings and conditions as
recommended.
Chairman Greer asked if anyone from the public would like to
speak. No comments were received:
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to grant the Special Use Permit contingent upon the following
conditions: (1) the play area in the back yard must be enclosed
with a six (6) foot high wooden fence; (2) a circular drive must be
installed to accommodate pick-ups and drop-offs; and (3) off-street
parking must be provided as per the Zoning Ordinance and 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 17.
PUBLIC HEARING TO CONSIDER ESTABLISHING SPECIAL HIGHWAY OVERLAY
DISTRICT REGULATIONS ALONG THE SMITH CREEK PARKWAY BETWEEN NORTH
COLLEGE ROAD AND EASTWOOD ROAD, AND REMOVAL OF THOSE REGULATIONS
ALONG EASTWOOD ROAD WEST OF RACINE DRIVE (Z-459; 9/92; 4/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted six to zero to recommend approval of the Special Highway
Overlay District (SHOD) realignment to coincide with the Smith
Creek Parkway as recommended by Staff, including the removal of the
Overlay District west of Racine Drive. Discussion focused mainly
on how the realignment would impact smaller parcels of land, such
as lots with limited depth or narrow widths. Staff advised that
approximately 20 percent of the 40 plus parcels would be impacted
and probably would require a variance for development.
Chairman Greer asked what would be accomplished by realigning
the Special Highway Overlay District?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 365
Planning Director Hayes advised that Corning owned most of the
land, which was wet due to a tributary following the new alignment
along Smith Creek Parkway. As to the buildings already in
existence, the realignment would only affect expansion of these
businesses.
Commissioner Sisson recommended cutting off the SHOD at the
southside of Market Street and running it to the stub at Eastwood
Road.
Planning Director Hayes responded that Commissioner Sisson's
recommendation would be acceptable.
Mr. Peter Davis, the owner of a parcel currently zoned R-15,
360 feet along Smith Creek Parkway, spoke in opposition to the SHOD
realignment. He advised that Corning would have to purchase his
property in order to regain its value if the SHOD realignment was
approved. He commented on the many small property owners that will
be adversely impacted by this proposal and requested the Board not
to add another layer of bureaucracy to the zoning regulations.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to remove the Special Highway Overlay District regulations
west of Racine Drive and realign the existing Special Highway
Overlay District beginning at Racine Drive and extending along the
route of Smith Creek Parkway to the southeast right-of-way of
Market Street with the district extending 500 feet from the right-
of-way on each side of Smith Creek Parkway. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1977, is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, Section 9B, Page
81.
BREAK
Chairman Greer called a break from 10:10 P.M. until 10:21 P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY EARL WORSLEY TO RE-
DESIGNATE 1.37 ACRES AT 1204 CULBRETH DRIVE IN LANDFALL CENTER TO
PLANNED DEVELOPMENT COMMERCIAL FROM PLANNED DEVELOPMENT OFFICE AND
INSTITUTION (Z-564, 4/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted six to zero to recommend approval of the application and to
include the adjacent property to the south, identified as "G" on
the map. The Planning Board noted that adjacent uses were either
developed with commercial uses or zoned for commercial activity.
The Board agreed with Staff on the idea to consolidate commercial
uses and include Parcel G.
Commissioner Sisson inquired as to the type of uses that would
be permitted? Planning Director Hayes stated that practically any
type of commercial use could be placed on the property and noted
that the applicant may wish to explain the uses when commenting on
the petition.
Commissioner Sisson recommended placing some type of condition
on the rezoning if approved.
Chairman Greer asked if anyone from the public would like to
comment.
The following remarks were presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 366
Mr. Earl Worsley, the petitioner, reported the property was
located near the intersection of the Military Cut-Off Road and
Eastwood Road. He commented on the surrounding commercial uses
around the site and requested the Board to approve the Planned
Development Commercial zoning to be more consistent with adjacent
properties.
Commissioner Sisson asked Mr. Worsley if he would agree to
placement of uses on the property that would be consistent with the
uses on the adjacent B-1 properties?
Mr. Worsley reported he did not have a problem with this
condition.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the Planned Development Commercial Zoning
District Classification including Parcel G contingent upon the uses
being consistent with adjacent B-1 businesses. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE PLANNED DEVELOPMENT DISTRICT OF LANDFALL IN NEW HANOVER COUNTY,
NORTH CAROLINA," is hereby incorporated as a part of the minutes
and is contained in Exhibit Book XXIII, Page 16.
PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID SWEYER TO REZONE .54
OF AN ACRE AT 1638 MILITARY CUT-OFF ROAD TO OFFICE AND INSTITUTION
FROM R-15 RESIDENTIAL (Z-565, 3/96)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the Planning Board voted six
to zero to recommend approval of the rezoning as submitted. The
Board noted that with the widening of Military Cut-Off Road, which
is nearing completion, and the recent development changes in the
area made the subject properties less desirable for residential
uses. The Board also agreed that the change would be consistent
with the Land Use Plan for office and institution uses. No one
spoke in opposition.
Chairman Greer asked if anyone from the general public would
like to comment. The following remarks were received.
Mr. David Sweyer, the petitioner, requested the Board to
approve the rezoning request.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to approve rezoning .54 of an acre at 1638 Military Cut-Off
Road to Office and Institution 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 included as a part of
the minutes and is contained in Zoning Book I, Section 6, Page 66.
PUBLIC HEARING TO CONSIDER IF THE RIGHT-OF-WAY SHOULD BE REQUIRED
IN THE RIVER FOREST SUBDIVISION
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Technical Review
Committee approved River Forest, a performance development
subdivision, without reserving the right-of-way to accommodate the
planned Wilmington Bypass. He requested the Board to decide if the
reservation should be required, or should the decision of the
Technical Review Committee be accepted. He advised that the exact
location of the Wilmington Bypass would not be determined until the
end of the year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 367
Chairman Greer asked if anyone from the public would like to
comment.
Mr. Adger Wilson, the petitioner, reported over a year ago,
discussion was held with the N. C. Department of Transportation
about developing the property. At that time, he was assured that
his property would be not be involved with the Wilmington Bypass
route, and an investment was made in the development of the land.
Approximately fourteen months later, the Department of
Transportation began considering another alternative, known as the
Central Alternative, which will split the property if selected. As
of this date, no route has been determined, and the company is
ready to break ground on the new development. The Board was
requested to accept the recommendation of the Technical Review
Committee and allow him to move forward with the project since the
money has already been invested.
County Attorney Copley reported the Board may wish to require
the developer to place a notice on the plat informing future buyers
about the possibility of land condemnation by the N. C. Department
Transportation for the Wilmington Bypass.
Mr. Wilson advised that he had no problem with this
notification procedure.
Commissioner Sisson strongly objected to upholding the
decision of the Technical Review Committee, which would not require
reserving the rights-of-way to accommodate the planned Wilmington
Bypass.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to accept the decision of the Technical Review Committee contingent
upon the plat being marked to inform future buyers about the
potential condemnation of land by the N. C. Department of
Transportation for the Wilmington Bypass. The floor was opened for
discussion.
Mr. John Tyhacz, a resident of Covil Farm Estates, requested
placing this requirement in the promotional material distributed by
the developer. County Attorney Copley responded it would not be
prudent for the developer to take such a risk.
Planning Director Hayes reported the plat could be revised to
reflect the proposed corridor, or Mr. Wilson could revise the
subdivision design to accommodate the Central Alternative.
Chairman Greer asked if this decision could be postponed?
County Attorney Copley responded that Mr. Wilson would have to
voluntarily agree to withdraw the present plan and petition.
Mr. Wilson reported revising the plan to accommodate the
location of the corridor would cut off access to the subdivision
leaving only the portion to the west unaffected by the highway.
Chairman Greer called for a vote on the MOTION to require
notification on the plat about the potential condemnation of land
for construction of the Wilmington Bypass. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Voting Nay: Commissioner Sisson
Chairman Greer
CONSIDERATION OF ADOPTING A RESOLUTION OF INTENT TO CLOSE
WATERCRESS STREET, BRANDYWINE SUBDIVISION
Planning Director, Dexter Hayes, reported the County
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, MAY 6, 1996PAGE 368
Engineering Staff has requested closing Watercress Street located
between East Brandywine Circle and Whimsey Way in the Brandywine
Subdivision. The Board was requested to adopt a Resolution of
Intent to schedule a Public Hearing on June 3, 1996, to consider
the road closing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the Resolution of Intent as presented by the Engineering
Department. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Resolution of Intent is hereby incorporated as
a part of the minutes and is contained in Exhibit Book XXIII, Page
16.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 11:15 P.M.
until 11:45 P.M. to hold a regular meeting of the New Hanover
County Water and Sewer District.
ADDITIONAL ITEMS
Adoption of Proclamation Declaring May 11, 1996, as "Letter
Carriers Food Drive Day" in New Hanover County
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to adopt a proclamation declaring May 11, 1996, as "Letter Carriers
Food Drive Day" in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
Discussion of Regular Meetings before Election Day
Vice-Chairman Mathews expressed concern for holding a lengthy
meeting before an Election Day and recommended rescheduling these
meetings in the future.
Consensus: After discussion, it was the consensus of the Board to
authorize the Clerk to the Board to prepare annual schedules
changing any Monday night meeting before an Election Day to
Tuesday.
Adoption of a Resolution Authorizing Settlement of the Tax Appeal
Submitted by Wilmington Coca-Cola Bottling Works, Inc.
County Attorney Copley requested adoption of a resolution to
authorize the Tax Administrator to execute a release for the
personal property tax liability of Wilmington Coca-Cola Bottling
Works, Inc. for the years 1987 through 1992 upon payment of
$52,933.27 as settlement of the tax appeal.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt the resolution accepting payment in the amount of
$52,933.27 as settlement of the tax appeal submitted by Coca-Cola
Bottling Works, Inc. and authorize the County Attorney to execute
the necessary documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 16.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:05 A.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board