1996-09-03 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 564
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 3, 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
Reverend David Porter, Pastor of Freedom Fellowship & Worship,
gave the invocation.
Vice-Chairman Mathews 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 requested all persons speaking to limit their remarks
to three minutes.
The following remarks were received:
Discussion of Paving Roads in the Myrtle Gardens Community
Ms. Cheryle Croom, representing the Myrtle Gardens Homeowners
Association, reported the Myrtle Gardens community was comprised of
100 landowners who were not wealthy people. Concern was expressed
for the unmet needs of this community, particularly with the paving
of roads which have become almost impassable for vehicles. She
advised that approximately two years ago, the homeowners appeared
before the Board of County Commissioners and requested assistance
in contacting the local N. C. Department of Transportation (NCDOT)
office about the need for the roads to be paved in Myrtle Gardens.
At that time, Mr. Jim Cook, the District Engineer for the local
office, contacted the residents leading them to believe that the
roads would be paved. Two years later, nothing has been done and
residents have no choice but to appeal to the Board of County
Commissioners for assistance in getting the roads paved.
Chairman Greer advised that he would be glad to contact Mr.
Cook again to see if some assistance could be given.
Consensus: After discussion of the rights-of-way problems
experienced in the Myrtle Gardens community, it was the consensus
of the Board for Staff to check into this matter to see if any
assistance could be provided to encourage the N. C. Department of
Transportation to pave the roads.
Discussion of South College Road Properties Located on Carolina
Beach Road
Mr. Alton Lennon, representing South College Road Properties,
reported on previously appearing before the Board requesting that
the remaining phases of the Johnson Farms and Still Meadow Village
high density projects remain under the original Zoning Ordinance,
not the amended ordinance that will become effective September 1,
1996. He advised that the developer had submitted the application
and necessary documents for completion of the project to the
Technical Review Committee before the September 1, 1996, deadline.
With reference to the availability of water and sewer capacity to
the project, the developer has obtained a letter from Cape Fear
Utilities, Inc. satisfying this concern, and a letter has been
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 565
obtained from the County Engineer, Wyatt Blanchard, with respect to
sewer availability.
Attorney Lennon stated the developer had complied in a proper
and timely manner; therefore, the Board should allow the remaining
phases of the projects to be completed under the high density
regulations outlined in the original Zoning Ordinance.
Discussion was held on how pending petitions were being
handled by the Planning Department and Technical Review Committee.
Planning Director, Dexter Hayes, explained that all required
permits and documents must be received before September 1, 1996.
If not, a Special Use Permit would be required for any high density
project.
Motion: After discussion of the fact that the application was
filed before September 1, 1996, and the water and sewer
availability issue had been resolved, Commissioner Barone MOVED,
SECONDED by Commissioner Caster to allow the applicant to develop
the remaining phases of the high density project under the
regulations in effect under the original Zoning Ordinance before it
was amended. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as
presented by the Clerk to the Board:
Public Hearing - August 12, 1996
Hurricane Critique - August 15, 1996
Adoption of Proclamation to Declare September 28, 1996, as "HUNTING
AND FISHING DAY" in New Hanover County
The Commissioners adopted a proclamation declaring September
28, 1996, as "Hunting and Fishing Day" in New Hanover County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 25.
Adoption of Resolution to Award Bid #97-0071 (Contract #97-0071) to
Bob King Pontiac-GMC, Inc. for the Purchase of Vehicles for the
Sheriff's Department and Approval of Budget Amendment #97-0031
The Commissioners adopted a resolution awarding the bid to Bob
King Pontiac-GMC, Inc., the only responsible bidder, in the amount
of $56,995 for the purchase of five used vehicles for the Sheriff's
Department. A Budget Amendment in the amount of $29,335 was
approved as listed below, and State funding will be received in the
amount of $28,495. The Chairman was authorized to execute the
contract documents.
#97-0031 Sheriff/Administration
Debit Credit
Sheriff/Administration
DSS Transfer/Sheriff $29,335
Motor Vehicle Purchase $29,335
Purpose: To budget funds for the purchase of two vehicles to be
used by the Sheriff's Deputies for support enforcement. DSS will
reimburse the Sheriff's Department to cover the cost of the
vehicles.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 566
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 25.
A copy of the contract is on file in the Legal Department.
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:
Lantana Lane
Roads in Shinn Point Subdivision
Todd Avenue
Weeping Willow Road
Roads in Beaver Creek & Elk Run Subdivisions
Meadowood Drive, Smith Creek Estates
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXIII, Page 25.
Approval of Budget Amendment #97-0030 - Emergency Management
The Commissioners approved the following Budget Amendment:
97-0030 - Emergency Management
Debit Credit
Emergency Management
Other $3,277
Departmental Supplies $3,277
Purpose: To budget additional revenue and expenses from the CP&L
drill.
Approval of Budget Amendment #97-07 - Control Substance Tax -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
97-07 Controlled Substance Tax
Debit Credit
Controlled Substance Tax Capital Project
Controlled Substance Tax $716
Controlled Substance Tax Capital Project
Supplies $716
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 #97-08 - Federal Forfeited Property -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
#97-08 - Federal Forfeited Property
Debit Credit
Federal Forfeited Property Capital Project
Federal Forfeited Property $5,321
Federal Forfeited Property Capital Project
Supplies $5,321
Purpose: To increase the budget for additional revenue received.
Federal Forfeited Property funds are budgeted as received and must
be used for law enforcement activities as the Sheriff deems
necessary.
PUBLIC HEARING TO CONSIDER INSTALLMENT FINANCING OF LAND
ACQUISITION IN NORTHCHASE FOR CONSTRUCTION OF A BRANCH LIBRARY
County Manager O'Neal requested the Board of County
Commissioners to hold a Public Hearing to consider approval of the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 567
proposed financing contract with First Union National Bank to
finance land for a branch library site in NorthChase. He advised
that soil boring tests had indicated the soil was marginally
suitable for the proposed construction; however, after a review by
the Engineering Staff, it was concluded that with backfill dirt and
construction of additional footings, the site would be suitable for
construction. He requested the Board to adopt a resolution and
approve a Budget Amendment to finance the land purchase in the
amount of $192,850.
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Commissioner Sisson commented on the marginally suitable soil
and requested Staff to be sure that no problem would be incurred
with constructing a building on this type of soil.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adopt a resolution approving Contract #97-0132 with First
Union National Bank for financing of land in NorthChase for the
construction of a branch library, and approve the associated Budget
Amendment as listed below. The Chairman of the Board, County
Manager and Finance Officer were authorized to act on behalf of the
County regarding the contract and other necessary actions. 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 25.
A copy of the contract is on file in the Legal Department.
97-0032 - Non-Departmental/Library
Debit Credit
Non-Departmental
Administrative Reserve $ 42,892
Installment Debt $ 42,892
Library
Installment Loan $192,850
Land Purchase $192,850
Purpose: To transfer funds from the Administrative Reserve to
Installment Debt to pay the first year's payment of $42,892 for the
land purchase. To record the installment debt purchase for the
land in the amount of $192,850 for construction of a branch
library.
ACTION DEFERRED ON MANAGEMENT PLAN FOR MASON'S INLET
Assistant County Manager, Dave Weaver, reported New Hanover
County in conjunction with the Town of Wrightsville Beach and the
Shell Island Resort were in the process of appealing the decision
rendered by the Coastal Resources Commission for stabilization of
Mason's Inlet to stop migration of the inlet to the south which has
created severe erosion problems for the Shell Island Resort. He
requested the Board to adopt a resolution of support that will
commit the County to the following actions:
(1)Authorize issuance of a performance bond or letter of credit
to the State prior to issuance of a permit in the amount of
$50,000 to guarantee removal of the temporary sandbag
revetment in five years.
(2)Agree to enter into a signed Consent Order in a form
acceptable to the State prior to issuance of a permit
regarding the removal of the sandbag revetment in five years.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 568
Chairman Greer recommended amending the resolution to clearly
state that the $50,000 will be paid by the Shell Island Homeowners
Association.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to
adopt the resolution with the following changes: (1) the Shell
Island Homeowners Association will pay $50,000 for design work,
permits, and development of a plan to stabilize Mason's Inlet for
the long-term.
County Attorney Copley advised that language should be
incorporated into the resolution that will not commit the County to
the development of any long-term action.
County Manager O'Neal recommended allowing the Assistant
County Manager and County Attorney to reword the resolution and
bring it back to the Board at the end of the meeting.
The MOTION WAS WITHDRAWN.
Assistant County Manager Weaver presented the following
framework for developing the Mason's Inlet Management Plan.
Phase I:Historical Data Collection Compilation
Phase II:Field Surveys and Investigations
-Hydrographic Studies
Baseline Establishment
Beach & Offshore Surveys & Sediments Sampling
-Survey of Exterior Tidal Shoals (Optional)
Tide and Current Measurements
Natural Resource Surveys
Phase III:Natural Resources Data Synthesis and Analysis
-Environmental & Natural Resources Data Synthesis,
Analysis & Mapping
-Impact of Inlet on Adjacent Beaches and Sediment
Budget
-Inlet Hydraulic Characteristics and Hydrodynamics
Modeling
Phase IV:Model Set-up and Testing
-Model Calibration
-Analysis of the Proposed Modifications
Phase V:Alternatives Evaluation
-Identify and Evaluate Alternatives for Long-Range
Management
-Assess Impact of Each Alternative on Natural
Resources
-Identify Interests and Feasibility of Obtaining
Permits
Phase VI:Plan Recommendations
-Formation of a panel of experts and interested
parties to provide input as the planning process
progresses.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 569
-Obtain a second engineering evaluation of the
completed plans.
-Pursue a major opportunity for greatly expanded
beach access upon long-term stabilization of the
Inlet.
Assistant County Manager Weaver requested the Board to approve
the management plan documents.
A lengthy discussion was held on whether the management plan
should be adopted. Commissioner Sisson inquired as to why the plan
was needed.
Assistant County Manager Weaver responded that adoption of the
plan would be helpful in convincing the State that New Hanover
County was supportive of the actions that have to be taken to
stabilize Mason's Inlet over a long-term period of time.
Discussion was held on the cost involved with the long-range
plan. Assistant County Manager Weaver responded the cost would be
several million dollars.
Commissioner Sisson expressed concern for the time given by
Staff to prepare this type of plan and stated for New Hanover
County to provide in-kind services or monetary commitments was not
the intent of the Board when supporting the project.
Consensus: It was the consensus of the Board to defer action on
the plan to provide more time for study the document.
CONSIDERATION OF REQUEST TO INCREASE THE CONTINGENCY FUND FOR THE
RENOVATION OF THE EXISTING DEPARTMENT OF SOCIAL SERVICES BUILDING
Deputy County Manager, Andrew J. Atkinson, reported the
expansion to the Department of Social Services (DSS) building had
been completed as of August 23, 1996. The next phase of the
project is to begin renovation work on the existing building. He
recommended transferring interest earned from the project fund in
the amount of $35,700 to the DSS Contingency Fund to cover possible
changes during the renovation phase of the DSS expansion project.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the transfer of interest earned from the project
fund in the amount of $35,700 to the DSS Contingency Fund to cover
possible changes in the renovation project.
Chairman Greer strongly objected to transferring the funds
into the DSS Contingency Fund because the total cost of the project
would be increased. He recommended transferring the interest
earned from the project into the County's General Fund.
Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Commissioner Caster
Chairman Greer
BREAK
Chairman Greer called a break from 8:08 P.M. until 8:24 P.M.
CONSIDERATION OF ESTABLISHING A NEW HANOVER COUNTY PARKS FOUNDATION
Mr. Jack Bragg, Chairman of the Parks & Recreation Advisory
Board, reported the Board had been working to create a "Parks
Foundation" to encourage gifts of money, land, or other resources
for parks and open space; initiate fund raising efforts for the
parks, and support future bond referenda. He advised that funds
will be used for completion and development of parks. The name of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 570
the organization will be the "New Hanover County Parks Foundation"
and the membership will be open to all citizens of the County who
are in sympathy with its purpose and to representatives of
organizations and clubs when such representation is desired by the
Board of Directors. The officers will be comprised of a President,
Vice-President, Secretary, and Treasurer. The Board of Directors
will consist of seven members, three to be appointed by the New
Hanover County Board of Commissioners and four elected directors.
The Board of Directors will be responsible for conducting the
affairs of the foundation as outlined in the By-Laws.
Motion: After discussion of this being an excellent idea,
Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to
approve the establishment of a New Hanover County Parks Foundation.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer, on behalf of the Board, expressed appreciation
to the members of the Parks & Recreation Advisory Committee for the
effort given to prepare the documents for establishment of a Parks
Foundation.
A copy of the By-Laws are hereby incorporated as a part of the
minutes and are contained in Exhibit XXIII Book, Page 25.
ADOPTION OF A RESOLUTION TO SUPPORT A STUDY OF THE SPEED RAIL
COMPONENT OF THE TRANSIT 2001 PLAN
County Manager O'Neal presented a revised resolution of
support for conducting a study of the speed rail component of the
Transit 2001 Plan. He requested the Board to adopt the resolution
as presented.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adopt the revised resolution as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 25.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
DALKEITH HOMEOWNERS ASSOCIATION FOR CONSTRUCTION OF A COMMUNITY
BOATING FACILITY AT 5625 DALKEITH ROAD (S-397, 8/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to comment during the Public Hearing must be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Bob Johnson
Planning Director, Dexter Hayes reported the Planning Board
voted unanimously to recommend approval of the Special Use Permit
for addition of two boat slips and improvements to the community
boating facility located at 5626 Dalkeith Road. He noted that
because of the site's proximity to outstanding resource waters, it
would be wise to permit the required off-street parking at each
residential lot. This would reduce impervious surface coverage and
further reduce potential threats to water quality in the Masonboro
Sound.
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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 571
A.Water and sewer services are not needed for the operation of
the facility.
B.The site has access to Dalkeith Road, a private road owned and
maintained by the Dalkeith Homeowners Association.
C.The site is located within the Winter Park 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-20S District. The property is zoned R-20S.
B.No off-street parking is provided; however, that need could be
accommodated on individual lots in the adjacent subdivision.
C.Each lot has direct access to the facility via an easement.
D.Temporary turbidity can be anticipated during construction,
but impacts to shellfish, conservation resources and water
quality should be minimal.
E.No commercial activities are planned.
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.There are numerous small boat docks located along the
waterway.
B.The placement of similar facilities has historically increased
the value of waterfront 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
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
A.Piers, docks, and related facilities are commonplace along the
waterway.
B.The Land Use Plan encourages water dependent uses provided
that important natural resources are not impacted.
Chairman Greer inquired as to whether the petitioner would
like to speak.
Mr. Bob Johnson, the petitioner, advised that the additional
slips would be used by the homeowners, and he requested the Board
to approve the Special Use Permit.
Chairman Greer asked Mr. Johnson if he concurred with the
Staff findings as presented by the Planning Director?
Mr. Johnson agreed with the findings as presented by the
Planning Director.
Chairman Greer asked if anyone from the public would like to
comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 572
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve issuing the Special Use Permit to the Dalkeith
Homeowner's Association to upgrade an existing four slip dock by
adding two additional boat slips based upon the evidence presented
concluding that the use would 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 18.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
SAMUEL MALPASS TO LOCATE A SINGLE-WIDE MOBILE HOME AT 133
FLEMINGTON ROAD (S-398, 9/96)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to comment during the Public Hearing must be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Samuel Malpass
Planning Director Hayes reported the applicant had requested
a Special Use Permit to locate a single-wide mobile home at 133
Flemington Road which is located in an I-2 Heavy Industrial
District. He 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.Water and sewer will be provided by a well and septic tank.
B.The site is located in the North Wilmington Fire Department
District.
C.The site has direct access to Flemington Road, a state
maintained 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.Mobile homes are permitted by Special Use Permit in the I-2
Heavy Industrial District provided that all dimensional
requirements as specified for residential dwellings in the R-
15 District are met.
B.The site is zoned I-2 Heavy Industrial.
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.There is another mobile home already located on the site and
there are several mobile homes in the general vicinity.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 573
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.A variety of land uses exist in the area. Much of the land to
the south, east and north is developed with light industrial
uses, heavy manufacturing, commercial services, and trucking.
Land to the west is predominantly older wooden framed homes
and mobile homes.
Chairman Greer asked the petitioner if he would like to speak.
Mr. Samuel Malpass, the petitioner, requested the Board to
approve the Special Use Permit to locate a single-wide mobile home
on the site as proposed.
Chairman Greer asked Mr. Malpass if he concurred with the
preliminary Staff findings.
Mr. Malpass agreed with the Staff findings as presented by the
Planning Director.
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 the Special Use Permit to Mr. Samuel Malpass for location
of a single-wide mobile home at 133 Flemington 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 18.
PUBLIC HEARING TO CONSIDER A REQUEST BY GULF, WORSLEY AND COWPER
PROPERTIES, LLC TO REDESIGNATE 3.4 ACRES AT 1200 AND 1205 CULBRETH
DRIVE TO PLANNED DEVELOPMENT COMMERCIAL FROM PLANNED DEVELOPMENT
OFFICE AND INSTITUTION IN THE LANDFALL PROJECT (Z-576, 8/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to modify the Landfall Plan to allow commercial
uses at the end of Culbreth Drive in accordance with the
petitioner's request and recommendations by the Planning Staff.
Some members of the Planning Board questioned the type of
commercial activities planned but did not restrict the uses. Plans
for underground drainage on the property are to tie into existing
drainage plans in Landfall. There was no opposition present at the
Planning Board meeting.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 574
Mr. Erwin Worsley, Jr., one of the property owners, reported
based upon the information provided, the site would be used for
establishing an extended stay lodging facility. He presented a
brochure on this type of facility and stated the surrounding
property owners were not opposed to the use. He requested the
Board to approve the rezoning request.
Commissioner Sisson inquired as to why B-2 zoning was needed
in lieu of B-1 zoning?
Planning Director Hayes responded that a B-1 District does not
allow for any type of lodging facility.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to re-designate 3.4 acres at 1200 and 1205 Culbreth Drive to
Planned Development Commercial from Planned Development Office and
Institution in the Landfall Project 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 PLANNED DEVELOPMENT DISTRICT OF LANDFALL" is hereby
incorporated as a part of the minutes and is contained in Exhibit
Book XXIII, Page 25.
PUBLIC HEARING TO CONSIDER REZONING .27 OF AN ACRE AT 1642 MILITARY
CUT-OFF ROAD TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-
577, 8/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the rezoning after
considerable discussion about traffic and safety of additional
access points along a busy section of Military Cut-Off Road. The
Planning Board encouraged the property owners to combine small lots
for development and utilize the rear alley for access whenever
possible to reduce the number of driveway cuts on Military Cut-Off
Road.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
Mr. David Sweyer, the petitioner, reported on appearing before
the Board for rezoning his property at 1638 Military Cut-Off Road
and stated he had agreed to help the owners to rezone the adjacent
property. He requested the Board to approve the rezoning request.
Discussion was held on the additional curb cuts on Military
Cut-Off Road. Ms. Joyce Green, the owner of the property, stated
the traffic has greatly improved with the recent highway
improvements and she requested the Board to approve the rezoning
request.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve rezoning .27 of an acre at 1642 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 incorporated as a
part of the minutes and is contained in Zoning Book I, Section 6,
Page 67.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 575
PUBLIC HEARING TO CONSIDER REZONING 2.8 ACRES OF LAND LOCATED AT
5654-5660 CAROLINA BEACH ROAD TO OFFICE AND INSTITUTION FROM R-15
RESIDENTIAL
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported after considerable
discussion, the Planning Board voted unanimously to rezone the
property to O-I Office and Institution from R-15 Residential with
the parcels north and south of the petitioned property being
included in the rezoning. The purpose of including the parcels was
to consolidate the district at the back where it adjoins a platted
right-of-way. The Planning Board felt that small office type uses,
health care facilities, and the continued eligibility for
residential uses on the property would provide a good transition
for the large commercial center at Monkey Junction.
Planning Director Hayes advised that the property owners were
not opposed to including the parcels to the north and south of the
petitioned property as recommended by the Planning Board.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
Mr. Jeffrey Keeter, the petitioner, requested the Board to
review the handouts showing the current use of the property in
comparison to the adjoining uses of the property in the B-2
District. He advised that the property was classified as urban
transition and had accessibility to water and sewer as well as
other public services. The Board was requested to rezone the
property from R-15 Residential to O-I Office and Institutional
Zoning as recommended by the Planning Board.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the request to rezone 2.8 acres of land located
at 5654-5660 Carolina Beach Road to O-I Office and Institution from
R-15 Residential including the parcels to the north and south of
the petitioned property as recommended by the Planning Board. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED APRIL 7, 1971" is hereby incorporated as a part
of the minutes and is contained in Zoning Book I, Section 4, Page
50.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT SUBMITTED BY
DAVID BAREFOOT TO AMEND SECTION 41-1 NON-CONFORMING VACANT
CONTIGUOUS LOTS OF RECORD BY EXEMPTION OF LOTS WITH AT LEAST 100
FEET IN WIDTH (A-274, 8/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, announced the petitioner,
David Barefoot, was not able to attend the meeting; however, he had
requested the Board to approve the following Text Amendment to
Section 41-1 of the Zoning Ordinance:
"If two or more adjoining and vacant lots of record,
containing less than 100 feet in total width are single
ownership at any time after the adoption of this ordinance,
such lots shall be considered as a single or several lots
which meet the minimum requirements of the ordinance for the
zoning district in which such lots are located."
After review, the Planning Staff recommended approval of the
applicant's amendment with the added provision that the excluded
lots be at least 20,000 square feet in size to read as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 576
"If two or more adjoining and vacant lots of record containing
less than 100 feet in total width and less than 20,000 square
feet in total area are in single ownership at any time after
the adoption of this ordinance, such lots shall be considered
as a single or several lots which meet the minimum
requirements of this ordinance for the zoning district in
which such lots are located."
After discussion, the Planning Board voted unanimously to
approve the Planning Staff's revision.
Chairman Greer inquired as to whether 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 approve an amendment to Section 41-1 of the New Hanover County
Zoning as recommended by the Planning Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1996" is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 25.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION OF RESOLUTION FOR SHELL ISLAND REVETMENT PROJECT
RESOLUTION
County Attorney Copley presented the following revisions to
the resolution of support for the Shell Island Resort sandbag
revetment project:
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover county
board of Commissioners, as demonstrated by the County's record
is fully committed to being the lead government entity in
1. the removal of the temporary sandbag revetment at Mason's
Inlet within five years; and
2.aiding in the development of an economically and
environmentally reasonable and practical plan to
stabilize Mason's Inlet over the long-term; and
3.directing its staff, after a permit has been issued for
a sandbag revetment to provide temporary protection, to
aid in the development of a long-term inlet stabilization
plan.
BE IT FURTHER RESOLVED, that the New Hanover County Board of
Commissioners:
Agrees to enter into a signed Consent Order in a form
acceptable to the State and the County Attorney guaranteeing
the removal of the sandbag revetment in five years, on the
condition that the Shell Island Resort Homeowners Association
delivers a performance bond or a letter of credit in a form
acceptable to the State, prior to issuance of the temporary
sandbag permit, in the amount of $50,000 to guarantee removal
of the temporary sandbag revetment in five years.
Vice-Chairman Mathews, again, stated he could not support the
project.
Motion: Commissioner Caster MOVED, SECONDED BY Commissioner Sisson
to adopt the revised resolution as read by the County Attorney.
Upon vote, the MOTION CARRIED AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 577
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Voting Nay: Vice-Chairman Mathews
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 25.
APPROVAL FUNDING FOR COMPLETION OF THE DSS EXPANSION
Chairman Greer reported after discussion with the County
Manager, additional funds were needed to complete the second phase
of the DSS expansion project. He recommended funding $20,000 from
the County's General Fund contingency to complete the renovation
work on the existing building.
Motion: After further discussion, Chairman Greer MOVED, SECONDED by
Commissioner Barone to approve funding in the amount of $20,000
from the County's General Fund Contingency. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a meeting
of the New Hanover County Water & Sewer District from 9:20 P.M.
until 9:26 P.M.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF REVISIONS TO ARTICLE VII, SECTION 29 OF THE PERSONNEL
ORDINANCE
County Manager O'Neal requested the Board to approve revisions
to Article VII, Section 29 of the Personnel Ordinance to ensure
reimbursement from FEMA for Administrative Leave that occurs during
hurricane events.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the revisions to Article VII, Section 29 of the
Personnel Ordinance as presented by the County Manager. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AMENDMENT TO ARTICLE VII, SECTION 29, CHAPTER 6.7 STATE
OF EMERGENCY ORDINANCE
County Manager O'Neal requested the Board to approve an
amendment to Chapter 6.7, Emergency, Section 6.7-16, State of
Emergency, in the New Hanover County Code to add the following
section:
(D)Upon declaration of a State of Emergency and for the
duration of such proclamation, all employees of New
Hanover County shall be designated and recognized as
Emergency Personnel.
Chairman Greer stated he had received a letter from an
employee who had scheduled a vacation and had to cancel a trip
because of being required to work in the Media Center. He
expressed concern for this type of situation occurring during a
State of Emergency, and requested an explanation from Staff.
Deputy County Manager, Andrew J. Atkinson, advised that if an
employee was in a leave status, that employee would remain in a
leave status and would not have to cancel a planned vacation.
Commissioner Caster expressed concern for every employee being
designated as emergency personnel and asked if this was necessary?
County Manager O'Neal responded if a major hurricane should
occur, every employee would be needed to operate the Media Center
or Emergency Operations Center.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 578
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve an amendment to Chapter 6.7, Emergency, Section 6.7-16,
State of Emergency as presented by the County Manager. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 25.
The ordinance will be codified into the New Hanover County
Code.
INVITATION FROM EASTERN NORTH CAROLINA COUNTY COUNCIL TO
PARTICIPATE IN THE 1996 LEGISLATIVE RALLY OF THE EASTERN DELEGATION
OF THE GENERAL ASSEMBLY
County Manager O'Neal reported the Eastern North Carolina
County Council had invited the Board to participate in the 1996
Legislative Rally of the Eastern Delegation of the General Assembly
to be held at the Sheraton Grand Hotel in New Bern, North Carolina.
He asked the Board if they would like to participate in the event.
Consensus: After discussion, it was the consensus of the Board for
the County Manager to decline the invitation.
STATUS REPORT ON HURRICANE FRAN
Assistant to the County Manager, Pat Melvin, presented the
latest report from Hurricane Fran and advised that evacuation
should be considered late Wednesday afternoon or early Thursday
morning.
The Board was requested to prepare for a 2:00 P.M. Emergency
Meeting on Wednesday, September 4, 1996.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
CHANGE IN DATE OF THE REGULAR MEETING SCHEDULED FOR NOVEMBER 4,
1996, TO NOVEMBER 6, 1996
Commissioner Sisson reported the first meeting in November was
the day before elections, and he recommended changing the meeting
date to Wednesday, November 6, 1996.
Motion: After discussion, Commissioner Sisson MOVED, SECONDED by
Vice-Chairman Mathews to hold the first meeting in November on
Wednesday, November 6, 1996, at 6:30 P.M. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
DISCUSSION OF THE FINANCIAL CONDITION OF THE SOUTHEASTERN CENTER
Commissioner Sisson advised the Board that the Southeastern
Center was in an excellent financial condition. He expressed
appreciation to the Board for being supportive of the Center. He
stated the Detox Center was opened over the weekend and reported
the facility functioned well.
DISCUSSION OF PERSONAL WATERCRAFT ORDINANCE
Commissioner Caster asked the County Attorney if any
recommendations had been prepared for the Personal Watercraft
Ordinance?
County Attorney Copley advised that Staff was in the process
of preparing a recommendation that would be presented to the Board
on September 16, 1996.
DISCUSSION OF PREPARING A RESOLUTION TO OPPOSE CONSTRUCTION OF THE
VIRGINIA BEACH/LAKE GASTON WATER PIPE LINE
Chairman Greer reported the North Hampton County Board of
Commissioners had requested the County to prepare a resolution
opposing the construction of the Virginia Beach/Lake Gaston water
pipeline because the basin transfer would establish a dangerous
precedent in North Carolina and reduce the flow and assimilative
capacity of the Roanoke River. He requested direction from the
Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 3, 1996PAGE 579
Consensus: It was the consensus of the Board to request Staff to
prepare a resolution opposing the construction of the Virginia
Beach/Lake Gaston water pipe line to be presented at the September
16, 1996, meeting.
CONGRATULATIONS TO CHAIRMAN GREER FOR BEING ELECTED TO SERVE AS THE
SECOND VICE-PRESIDENT OF THE N. C. ASSOCIATION OF COUNTY
COMMISSIONERS
Commissioner Caster congratulated Chairman Greer for being
elected to serve as the Second Vice-President of the N. C.
Association of County Commissioners.
A round of applause was given to Chairman Greer by the members
of the Board.
ADJOURNMENT
Chairman Greer adjourned the meeting at 9:55 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board