1992-06-01 Regular Meeting
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 14
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, June 1, 1992, 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 Jonathan Barfield, Sr.;
Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer;
Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Mathews called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Captain C. Donald Zearfoss led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Mathews asked if anyone from the general public would
like to present an item not listed on the Regular Agenda or comment
on an item listed on the Consent Agenda. The following item was
presented.
Discussion of Regulations Governing community Marinas
Mr. Conrad Lowman, representing concerned residents in Porters
Neck, commented on the rapid growth of New Hanover County and
expressed concern for regulations to protect the water quality of
the County's creeks and waterways. Water quality has deteriorated
to the point that all creeks are closed to shellfishing. Part of
this problem has come from poorly planned boating accesses.
Residents from Hewlett's Creek, Howe Creek, and Porters Neck have
voiced their opinion about the need to clean up the creeks. Due to
CAMA's inability to thoroughly address each permit requested, the
County should adopt regulations that will allow for all questions
to be answered before a boating and dock access permit is approved.
The Commissioners were requested to require issuance of a special
use permit for boating and dock access to waters throughout the
County.
Further discussion was held on the intrusion of boating and
dock access in well established neighborhoods. The Commissioners
were requested to review County Zoning Regulations to ensure
protection of these communities, particularly when parking
accommodations are provided.
Motion: After further discussion, Commissioner Retchin MOVED to
request the Planning Commission to prepare an ordinance requiring
a special use permit for location of community marinas. The floor
was opened for discussion.
A lengthy discussion was held on the need to study current
County regulations governing the location of community marinas.
Emphasis was placed on the importance of protecting neighborhoods
as well as providing public access to the waterways. It was agreed
that this issue must be further studied by the Planning commission
before making a decision.
Motion withdrawn: Chairman Retchin withdrew the MOTION.
Consensus: After further discussion, it was the consensus of the
Board to request the Planning commission to study current County
regulations governing the location of community marinas and prepare
a recommendation that will provide better protection to residential
neighborhoods from the intrusion of boating and dock access.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 15
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Sutton MOVED, SECONDED by
Barfield to approve the Consent Agenda as presented.
the MOTION CARRIED UNANIMOUSLY.
commissioner
Upon vote,
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following minutes as presented
by the Clerk to the Board:
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Work Session - April 21, 1992
Joint City/County Work Session - May 13, 1992
Regular Meeting - May 18, 1992
Appointment of Teresa Diliah Goldston to Serve on the Nursing Home
Advisory Committee
The Commissioners appointed Teresa Diliah Goldston, nominated
and recommended by the Nursing Home Administrators, to serve a one-
year initial term on the Nursing Home Advisory Committee.
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions adding Whitehurst Drive,
Scout Camp Hatila Road and roads in Whisper Creek Subdivision to
the State Highway System.
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XX, Page 1.
Approval of Budget Amendment #92-0200 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
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92-0200 Non-Departmental/DSS/Medicaid
Debit
Credit
Non-Departmental
Contingency
$50,000
DSS/Medicaid
Assistance Payments
$50,000-
Purpose: To transfer funds from Contingency for additional
Medicaid expenses due to case load being greater than anticipated.
Approval of Budget Amendment #92-0197 - co,operative Extension
Service
The Commissioners approved the following Budget Amendment:
92-0197 cooperative Extension Service
Debit
Credit
Cooperative Extension Service
contribution
$620
Capital Outlay - Equipment
$620
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Purpose: To budget contribution from three extension groups for
the purchase of a camcorder for the Cooperative Extension Service.
Budget Amendment #92-0180 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
92-0180 Non-Departmental/outsideAgencies/cultural' Recreational
Debit
Credit
Non-Departmental
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 16
contingency
$750
Debit
Credit
outside Aqencies/Cultural & Recreational
Military Affairs Committee
$750
Purpose: To budget an additional contribution to the Military
Affairs Committee for the purpose of providing receptions and
recreational/educational events as approved by the Board of County
Commissioners on April 21, 1992.
Approval of Budget Amendment #92-0199 - Department of Social
services
The Commissioners approved the following Budget Amendment:
92-0199 DSS/Administration/state' AFDC Foster Home/Title XIX -
Medical Transport
DSS/Administration
Administrative Grants
Debit Credit
$21,308
$33,280
$54,588
state revenues (year-end
DSS/State & AFDC Foster Home
AFDC Foster Care
DSS/Title XIX - Medical Transport
Medical Transportation
Purpose: To budget additional
amendments) .
Award of Bid #92-0414 (Contract #92-0414) to Piedmont
Reprographics, Inc. - Tax Department
The Commissioners adopted a resolution awarding the bid to
Piedmont Reprographics, Inc., the lowest responsible bidder, in the
amount of $39,999 for the purchase of a color electrostatic plotter
for the Tax Department. The Chairman was authorized to execute the
contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 1.
Award of Bid #92-0417 (Contract #92-0417) to CompuCom Systems for
the Purchase of Microcomputer Equipment for Various Departments
The Commissioners adopted a resolution awarding the bid to
CompuCom Systems, the lowest responsible bidder, in the amount of
$79,316.01 for the purchase of microcomputer equipment for various
departments. The Chairman was authorized to execute the contract
documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 1.
ADOPTION OF PROCLAMATION DECLARING JUNE 7-13, 1992, AS "NATIONAL
SAFE BOATING WEEK" IN NEW HANOVER COUNTY
Chairman Mathews introduced and read a proclamation declaring
June 7-13, 1992, as "National Safe Boating Week" in New Hanover
County.
Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer
to adopt the proclamation as read declaring the week of June 7-13,
1992, as "National Safe Boating Week" in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
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Chairman Mathews, on behalf of the Board, presented the
proclamation to C. Donald Zearfoss, Past Commander of the United
States Coast Guard Auxiliary.
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MINUTES OF REGULAR AND. CONTINUED MEETING OF JUNE 1, 1992 PAGE 11
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 1.
PUBLIC HEARING ON RECOMMENDED FY 1992-93 BUDGET FOR NEW HANOVER
COUNTY AND THE NEW HANOVER COUNTY FIRE DISTRICT
Chairman Mathews stated public notice has been given that a
Public Hearing would be held to allow the general public to comment
on the recommended FY 1992-93 Budget for New Hanover County and the
New Hanover County Fire District. Persons were requested to limit
remarks to three minutes.
Chairman Mathews opened the Public Hearing and asked if anyone
present would like to comment. The following persons commented:
Funding Request by the Katie B. Hines Senior Center
Ms. Jean O'Dell, President of the Katie B. Hines Senior
Center, requested approval of a funding request in the amount of
$4,000 to cover an increase in electricity. The Center's account
has changed from a small general service account to a medium
general service account causing monthly electric bills to greatly
increase. Emphasis was placed on the services rendered by the
Katie B. Hines Senior Center to the elderly including mobile meals
per day, exercise classes, health..clinics, and the administration
of other programs.
Chairman Mathews expressed appreciation for the services being
rendered by the Katie B. Hines Senior Center and stated this
funding request.will be reviewed when final budget decisions are
rendered.
Funding Request by community Development corporation
Ms. Allene Drain, representing the Community Development
Corporation, presented a funding request in the amount of $25,000
for establishment of a small business incubator to serve Wilmington
and New Hanover County for the purpose of creating jobs for low
income persons. A $125,000 grant from the N. C. Technological
Development Authority and a loan of $75,000 from Nationsbank has
enabled the Community Development Corporation to purchase a site
for the incubator in the Hilton Industrial Park. In order to meet
the local match, the Commissioners are requested to participate by
funding $25,000 for the project. The City and State have joined in
funding of this project, and it is hoped that New Hanover County
will do the same. If the County is not able to fund the entire
amount, any amount of funding will be appreciated.
Chairman Mathews expressed appreciation to Ms. Drain for the
presentation and stated this funding request will be reviewed when
final budget decisions are rendered.
Funding Request by the Yahweh Center
Mr. Michael Weirth, a member of the Board of Directors of the
Yahweh Center commented on the services provided by the center and
stressed the importance of structured family intervention in-house
service, which is the only program of this type in the community.
The Yahweh Center provides services that will allow families to
reunite and live without child abuse or neglect. The Commissioners
were requested to approve a funding request in the amount of
$15,000.
commissioner Sutton requested clarification of proposed state
funding?
Ms. Carla Roberts, Director of the Yahweh Center, stated the
Center is not presently eligible to receive grant funding from the
State; however, next year the Yahweh Center will be included as one
of eight other agencies that will be eligible to' receive state
funds. Hopefully funds will be received during' FY 1993-94;
however, funds are desperately needed to keep the Center open until
State grant funds are received.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 18
Discussion was held on the solicitation of funds and the
number of children handled through the center. Ms. Roberts stated
eleven children from New Hanover County were served last year for
the length of time needed to provide services and treatment to the
children and families.
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Chairman Mathews expressed appreciation for the presentation
and stated this budget request will be reviewed when final
decisions are rendered.
Update on Activities of st. John's Museum
Mr. Rebecca Laymon, a member of the st. John's Museum Board of
Directors, expressed appreciation for past and continued funding of
st. John's Museum. Last year 50,000 people enjoyed the museum with
visits from all 5th graders in New Hanover County. Educational
programs were administered in the schools and over 20,000 adults
and children participated in an art program with art exhibits
featured from the work of school children grades 1-12.
Chairman Mathews expressed appreciation for the status report.
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Funding Request by the citizens Association of Retarded Children
Ms. Lisa Poteat, Director of the citizens Association of
Retarded Children, commented on being late for the budgetary
process and requested funding in the amount of $5,400, which is 90%
of the funds appropriated by the County for FY 1991-92. The
program provides intense one-on-one job training skills to retarded
citizens in order to allow these citizens to become employed. The
Association has been offered an opportunity to enter into an
agreement with the Vocational Rehabilitation Center to provide long
term support (6-9 months) of these clients with reimbursement of
these services from the Vocational Rehabilitation Center.
Discussion was held on how clients are referred to the
ci tizens Association of Retarded Children. Ms. Poteat stated
clients are referred from the Department of Social Services, New
Hanover Schools, the Sheltered Workshop, KEYS, churches and family
members who have heard about the program.
Further discussion was held on the need for the program to
develop a working relationship with the Southeastern Center in
order to identify needs and assist the administrator with obtaining
State funds. Ms. Poteat expressed a desire to develop this type of
relationship but expressed concern for the Southeastern Center not
providing this type of service.
Chairman Mathews expressed appreciation to Ms. Poteat for the
presentation and stated this budget request will be reviewed when
final decisions are rendered.
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Funding Appropriation for Veterans Council
Mr. Tom Townsend, Secretary of the New Hanover County Veterans
Council, expressed appreciation for the funding appropriation of
$20,000 to the Veterans Council for FY 1992-93, but expressed
concern for receiving funds to administer veterans benefits either
through the State District Office or through the Veterans Council.
He requested, instead, establishment of a County Veterans Office
with the hiring of a Veterans Service Officer to process claims for
New Hanover County veterans.
commissioner Barfield reported on conversations with the
District.Office and stated if funds are available to hire a staff
person for processing of New Hanover County Veterans benefits, the
District Office will furnish the space and administer the program.
He recommended that the. Veterans Council work with the State
District Office in utilizing the $20,000 funding appropriation for
administering the needs of County veterans.
Vice-Chairman Greer expressed concern for the County opening
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 19
an office when the state and federal governments are responsible
for the administration of the Veterans Program.
Chairman Mathews expressed appreciation to Mr. Townsend for
the presentation and stated this request will be considered when
final budget decisions are rendered.
There being no other comments from the general public,
Chairman Mathews closed the Public Hearing.
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MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER , SEWER DISTRICT
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 7:40 P.M.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 7:45 P.M.
PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING AN
INSTALLMENT PURCHASE CONTRACT FOR THE PURCHASE OF TWO PRIVATELY
OWNED SEWAGE COLLECTION SYSTEMS
Chairman Mathews stated public notice was given on May 19,
1992, that a Public Hearing would be held on June 1, 1992, at 6:30
P.M. to consider adoption of a resolution approving an installment
purchase contract for the purchase of two privately owned sewage
collection systems owned by Cape Fear utilities Company, Inc. and
Masonboro utilities Company, Inc.
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County Engineer, Wyatt Blanchard, reported an agreement has
been reached to purchase two sewage collection systems at a
purchase price of $753,872 through an installment purchase contract
with the owners. The County will be obligated to repay an amount
financed at a fixed annual interest rate of 6.5% over a 10-year
term of 120 consecutive monthly payments of approximately $7,708
for an amount financed of $753,872 with an annual payment of
approximately $92,496 for a total payment of $1,000,000. Income
from the systems is estimated to be $27,432 monthly.
Chairman Mathews opened the Public Hearing and asked if anyone
present would like to comment. The following remarks were
received:
Mr. Joseph Wrightblood inquired as to whether bonds would be
issued to repay the loan, and if so, would the Board consider
issuing revenue bonds since the taxpayers are already repaying
obligation bonds for the County Sewer System.
County Engineer, Wyatt Blanchard, stated revenues generated
from the systems will repay the installment loan.
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There being no further public comments, chairman Mathews
closed the Public Hearing.
Motion: Commissioner Barfield introduced the resolution and MOVED,
SECONDED by commissioner Sutton to adopt the resolution approving
an installment purchase contract for the purchase of two privately
owned sewage collection systems owned by Cape Fear "utilities
Company, Inc. and Masonboro utilities Company, Inc. Upon vote, "the
MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 20
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 1.
PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF INTENT TO
CLOSE AN UNNAMED ROAD IN EASTWIND SUBDIVISION (SC-56, 7/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, presented a Resolution of
Intent calling for a Public Hearing to consider closing an unnamed
road in Eastwind Subdivision. The road located southeast of its
intersection with Eastwind Road in Eastwind Subdivision contains a
60 foot unimproved right-of-way. This road stub has a length of
335 feet. Unfortunately, plans to extend or connect this road stub
to Surrey Downs Court did not materialize; therefore, the Planning
Staff recommends adoption of the resolution.
Chairman Mathews asked if anyone from the general public would
like to comment.
No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to adopt the Resolution of Intent to hold a Public Hearing
on July 6, 1992, at 7:30 P.M. to consider closing this unnamed road
in Eastwind Subdivision. 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 XX, Page 2.
DESIGNATION OF VOTING DELEGATE TO THE 1992 ANNUAL CONFERENCE OF THE
NATIONAL ASSOCIATION OF COUNTIES
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to designate Chairman Mathews as the voting delegate to the
1992 Annual Conference of the National Association of Counties.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Mathews called a break from 8:45 P.M. until 9:00 P.M.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT FOR ADDITIONAL
REGULATIONS FOR SITING OF MOBILE HOMES IN NEW HANOVER COUNTY
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
Commission first considered the possibility of requiring a special
use permit for mobile homes on individually owned lots. After
estimating the number of special use permits that could be
generated by this requirement and the additional public meetings
and additional administrative process, the Planning Commission
concluded that regulating mobile homes on an individual lot basis
would create far more problems that it would solve. It was
generally agreed that individual lots had been purchased with the
expectation that a mobile home could be placed on the site;
therefore, imposing a special use permit would be unfair.
After considering mak.ing no changes to the Zoning Ordinance,
the Planning Commission then decided that some form of protection
should be provided for well established traditional single-family
neighborhoods without compromising the need to provide a variety of
affordable housing-in the County. After. study and review, the
Planning commission decided to establish a "mobile home
subdivision" category and to require a special use permit. It was
felt that this process would enable the County to better regulate
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MINUTES OF REGULAR AND. CONTINUED MEETING OF JUNE 1, 1992 PAGE 21
the transition between land uses and to ensure general
compatibili ty with surrounding land uses. This approach would not
affect mobile homes on individually owned platted lots. The
recommendation is as follows:
Amend Table of Permitted Uses
Mobile Home Subdivision
R-20
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R-15
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R-10
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Add definition of Mobile Home Subdivision:
23-99 Mobile Home Subdivision Any new development
consisting of three or more contiguous lots for the purpose of
locating mobile homes as defined in section 23.8 and which is
designed and approved pursuant to the New Hanover County
Subdivision Ordinance.
Chairman Mathews asked if anyone from the general public would
like to comment on the proposed Text Amendment.
No public comments were received.
Chairman Mathews closed the Public Hearing.
Discussion was held on the purpose of the proposed Text
Amendment. Planning Director Hayes stated the proposed Text
Amendment will provide more control for three or more units.
Doublewides on a permanent foundation will not be affected, only
singlewides and doublewides that are not on a permanent foundation.
The amendment will address some of the concerns expressed by
residents fearing the location of mobile homes in well established
subdivisions.
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Chairman Mathews suggested the possibility of establishing
appearance standards for mobile homes that will not greatly
increase the cost. Planning Director Hayes stated the Planning
Commission will be glad to study and prepare a recommendation.
Motion: After a lengthy discussion of the new classification and
the need to better control clustering of three or more mobile home
units in a new subdivision, Commissioner Retchin MOVED, SECONDED by
Commissioner Barfield to approve the Text Amendment as recommended
by the Planning commission. 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 XX, Page 2.
APPEAL HEARING FOR GEORGIA PLACE SUBDIVISION ON NAVAHO TRAIL (SA-
13, 5/92)
Attorney George Rountree, representing the appellant, Nathan
Sanders, stated his client is willing to offer two proposals to the
residents of Lansdowne in an effort to resolve the appeal. He
requested 10-15 minutes to discuss these offers with the residents
of Lansdowne and their attorney, Gary Shipman. If a satisfactory
settlement cannot be reached, he would respectfully request that
the appeal be heard as scheduled.
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Consensus: It was the consensus of the Board to allow Attorney
Rountree and Attorney Shipman time to discuss the' offer for
settlement. The Board will proceed with the remainder of the
agenda.
PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE THE -WEST SIDE OF
U.S. HIGHWAY 117 (CASTLE ROAD), NORTH OF ROCKHILL ROAD FROM R-20 TO
B-2
Chairman Mathews opened the Public Hearing.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992
PAGE 22
Planning Director, Dexter Hayes, stated the Planning
commission voted 5 to 1 to recommend denial of the rezoning request
due to inconsistency with the policies for growth and development
governing commercial land uses, and the fact that existing B-1
zoning is under-utilized. The Planning staff also recommends
denial based upon intensification of strip commercial development
along the road frontage which would not be consistent to existing
nearby residential areas.
Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of or in opposition to
the proposed rezoning. The following persons commented:
Mr. Sam Watson, the petitioner and owner of the property for
25 years, requested approval of the B-2 zoning in order to
construct a building to lease to a wholesale business. He stated
adjoining and surrounding property owners are not in opposition to
the proposed rezoning. Emphasis was placed on the undesirability
of the property for residential development.
Mr. Thomas McKee, a property owner across the road, requested
approval of the B-2 zoning stating he owns two houses, a used car
lot, and a nursery, with plans to develop the back portion of the
land for light industrial use which would be most compatible with
the proposed use presented by Mr. Watson.
Mr. Ezekiel RObinson, a resident of the Rockhill community,
commented on the need for business in the area and encouraged
approval of the B-2 zoning.
Chairman Mathews closed the Public Hearing.
commissioner Retchin commented on prior discussion held for
expanding business classifications to allow for this type of
development and inquired as to whether this recommendation has been
addressed by the Planning Commission.
Planning Director Hayes stated the Ad Hoc Committee
recommended establishing a service type commercial zoning category,
but no action has been taken; however, once the Land Use Plan is
updated, these classifications can be reviewed. It was generally
agreed that the service category should be expanded for office and
commercial classifications, and if the City and County Planning
Departments are merged, this will provide an opportunity for this
expansion.
Motion: After discussion of existing B-1 zoning and commercial use
already in the area, Commissioner Barfield MOVED, SECONDED by Vice-
Chairman Greer to approve the B-2 zoning request as submitted by
the petitioner. 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. lOA OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1974" is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, Section lOA, Page
23.
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PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR SETBACKS FOR
SINGLE-FAMILY DETACHED UNITS IN PERFORMANCE DEVELOPMENTS (A-234,
5/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
Commission voted 5 to 1 to recommend approval of the setback
reduction. . The Commission felt the proposed reduction would not
pose any significant threats to the health, safety and-welfare of
the County. Also, the Planning Commission concluded that the
setback reduction should apply to "high densi ty" subdivisions.
This would ensure that all performance-oriented subdivisions would
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 23
use the same setback measure for single-family detached structures.
The Planning Commission recommends approval of the following
Text Amendment:
Revise 51.5-2, 2 as follows:
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2. In no case shall any part of the a detached single-family
dwelling unit be located closer than ten (10) feet to any part
of any other detached single-family dwelling; and in no case
shall any part of a multiple dwelling unit be located closer
than twenty (20) feet to any part of another dwelling unit.
Revise 69.4(5)C as follows:
C. In no case shall any part of a detached single-family
dwelling unit be located closer than ten (10) feet to any part
of any other detached single-family dwelling, and in no case
shall any part of a multiple dwelling unit be located closer
than twenty (20) feet to any part of another dwelling unit or
ten (10) feet to any adjoining property line.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of the proposed Text Amendment. The
following person commented.
Mr. Johnny Elmore, the petitioner and President of the Porters
Neck Company, stated the purpose of the request is to allow
construction of smaller detached single family dwellings on- small
lots instead of townhouses and condominiums.
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to the proposed Text Amendment. The
following person commented.
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Mr. Rick Williams requested denial of the proposed Text
Amendment due to the manner in which houses can be placed on lots
in order to obtain density.
Chairman Mathews closed the Public Hearing.
commissioner sutton inquired as to the density being proposed.
Planning Director Hayes stated the density will not change with the
proposed Text Amendment; however, the design of houses on the land
will be affected. Clustered housing, attached houses, and patio
homes can be utilized, which provides more open space and is more
environmentally sound.
Motion: After discussion of the advantages for single-family
detached units in performance developments, Commissioner Barfield
MOVED, SECONDED by Vice-Chairman Greer to approve the proposed Text
Amendment as presented by the Planning Commission. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 2.
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PUBLIC HEARING TO CONSIDER A REQUEST TO RENAME OTTER HOLE LANE TO
AUBURN LANE IN LANDFALL COMMUNITY (SN-65, 6/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated Otter Hole Lane is an
improved private road with a 50 'foot right-of-way. . A total 'of' 15
lots adjoin the road and most of the lots are vacant. Auburn Lane
is not a road name duplication and is approved for'use by'E-911~
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992
PAGE 24
If the name of the road is changed, Landfall Associates will be
responsible for installing a new street sign. Given the minimum
impact of this change on undeveloped lots, the Planning staff
recommends approval.
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Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the road renaming.
No public comments were received.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adopt the ordinance renaming a private road to Auburn
Lane located in Pembroke Jones Park at Landfall with Landfall
Associates being responsible for installing a new street sign.
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 XX, Page 2.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CAMA COASTAL AND
ESTUARINE WATER BEACH ACCESS GRANT TO CONSTRUCT A PAVILION AND
ACCESS IMPROVEMENTS FOR SUMMER REST TRAIL OVERLOOK
Chairman Mathews opened the Public Hearing.
.
Planning Director, Dexter Hayes, reported that after reviewing
a preliminary application, the N. C. Department of Environment,
Health, and Natural Resources has recommended that New Hanover
County provide a full application for a neighborhood estuarine
access site. The proposed site encompasses approximately 12,500
square feet of land overlooking the Intracoastal Waterway at the
terminus of a one-mile bike trail near the end of Summer Rest Road.
The site is part of an existing trail dedication and would require
no additional land. The total grant request is $7,312 with a local
match of 25% composed of in-kind service in the amount of $1,950
and cash in the amount of $488. The Planning Staff recommends
authorization to file the Coastal and Estuarine Water Beach Access
Grant application.
commissioner Sutton commented on visiting the site and
expressed the following concerns: (1) the condition of the bike
path; (2) no parking provisions; (3) no public access; (4) no
signage' indicating the entrance to the bike path; and (5) the
negative impact upon residents living on Summer Rest Road if a
pavilion is constructed. He recommended further study of the plan
with public input from the citizens living in the area before
taking action.
Planning Director Hayes stated the purpose of the bike path is
to provide a scenic route to walkers and bikers. The entrance
begins at Plaza East Shopping Center; however, when development is
completed at Landfall, accessibility will be improved with minimum
parking spaces provided. At the present time, there are no
improvements; however, if the grant is awarded, improvements will
be made with construction of a pavilion.
.
Chairman Mathews asked if anyone from the gener~l public would
like to comment. The following remarks were received:
Mr. Graham Farmer, owner of land adjacent to the bike path,
expressed concern for problems being experienced to property owners
along the trail. Due to the recent burning of the bridge on the
bike path, loud noise, persons in his backyard, trash, and
undesirable. use of" the path during. the night, services of the
Sheriff's. Department and Landfall Security Guards have been
utilized. The bike path is certainly an asset to New Hanover
County; however, it ,. is imperative that proper. maintenance and
police patrol of the area be provided if the path is to be further
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 25
developed.
Mr. John Tinney, representing property owners on Summer Rest
Road, expressed opposition to the proposed pavilion due to
encouraging the wrong type of use by young people, particularly for
the use of drugs. Also, opposition was expressed for increasing
traffic at the end of Summer Rest Road, and the Commissioners were
requested to eliminate construction of a pavilion and post signs
indicating the hours of use with proper enforcement of violations.
()
Ms. Susan Hollman, a resident of Beech Street, requested the
Board to provide an opportunity for the citizens of the area to
participate in the development of the bike path before proceeding
with the grant application and plan.
Discussion was held on eliminating construction of a pavilion,
posting signs indicating the hours of use for the bike path,
installing a gate that can be locked at night, and improving the
bike path. Also, emphasis was placed on allowing the public to
participate in the development of the trail.
Motion: After discussion of the deadline required for filing the
grant application, Commissioner Sutton MOVED, SECONDED by Vice-
Chairman Greer to authorize filing of the grant application
revising the project to eliminate construction of a pavilion with
the funds to be used for signage indicating the hours of use, fines
that can be imposed, installation of gates, and other improvements.
The plan is to be referred back to the Planning Department for
further study of the plan to include meeting with the citizens of
surrounding residential communities for public input before a final
plan is developed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONTINUATION OF PUBLIC HEARING TO CONSIDER A SUBDIVISION APPEAL FOR
GEORGIA PLACE SUBDIVISION ON NAVAHO TRAIL (SA-13, 5/92)
Attorney George Rountree, representing Nathan Sanders, stated
after trying to negotiate a settlement, no agreement has been
reached; therefore, the Public Hearing should be held as scheduled.
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Planning Director, Dexter Hayes, stated Georgia Place, located
on the west side of Navaho Trail and east of Lansdowne Subdivision
was approved by the County's Technical Review Committee on April
22, 1992. The proposed subdivision consists of four lots exceeding
15,000 square feet and a 2.5 acre remnant parcel. The lots will be
served by individual wells and the County sewer. No new roads are
required because all lots front on. Navaho Trail (SR 1516), a state
maintained road. The developer proposes to pave this portion of
the road down to Lansdowne Road. Storm-water run-off generated on
the site will be directed to Navaho Trail. To further ensure that
storm-water run-off from the site will have minimal impact on
Lansdowne Subdivision, the Technical Review Committee required
vegetated swales to be constructed along all side lot lines of new
lots to capture storm-water run-off to be routed to Navaho Trail.
The N. C. Department of Transportation has been requested to clean
all existing ditching along Navaho Trail.
In summary, the appellants, Barbara Bleaking and Tom Grady of
Lansdowne Subdivision contend that adequate study was not given to
the drainage plan for the site or for the impact it would have on
existing drainage problems along Chelsea Drive in Lansdowne
Subdivision. '
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Chairman Mathews asked if anyone from the general public would
like to comment. The following remarks were received.
Attorney Gary Shipman, representing the residents of
Lansdowne, stated the Technical Review Committee did not follow the
regulations as specified in the County Zoning Ordinance as follows:
-The Zoning Ordinance requires that a drainage 'plan meeting
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 26
.
the design standard~' shall be submitted to the County Engineer
for approval. No plan was submitted by the developer;
however, the response from the County Engineering Office was
that no plan was required because the proposed subdivision was
so small that a drainage plan was not necessary. It should be
noted that the remaining lots for Georgia Place have also been
submitted for development under performance residential
criteria; therefore, this fact cannot be ignored by the
Technical Review Committee or by the Board of County
Commissioners. section 51.5-24 of the Zoning Ordinance
requires that the developer submit run-off rate standards and
discharge of run-off standards to avoid negative development
activity to adjoining property owners. Three photographs,
marked as Exhibit I, were presented to the Commissioners
showing the drainage patterns and characteristics of Navaho
Trail. Due to the fact that Navaho Trail is not paved, the
cleaning and maintenance of ditches by the Department of
Transportation will not avoid drainage problems that will be
experienced by adjacent property owners if the proposed plan
is approved.
.
-A meeting was held with residents of the Lansdowne
Subdivision and County Engineer, Jim Craig, to discuss the
drainage issue. Mr. Craig indicated that the proposed Georgia
Place Subdivision in its present location on Navaho Trail is
one of the lowest points on the road and that drainage
characteristics for this development should require a piping
system under Navaho Trail onto an adjacent tract to absorb the
run-off from the site. Attorney Shipman expressed concern for
no plan being submitted to the County Engineering office and
the fact that discussion for placement of swales to channel
water run-off of the property was presented at the Technical
Review Committee meeting. It was acknowledged by a
representative from the County Engineer's office that no
drainage plan was submitted and that he was not as familiar
with the drainage patterns and characteristics of this
property as the residents of Lansdowne Subdivision. Also, the
representative did not visit the site until after the
Technical Review Committee meeting where Mr. Sanders drew the
swales on the approved plan. It is a dangerous precedent for
the County to allow a developer not to comply with regulations
as stipulated in the Zoning Ordinance without a formal waiver
process that would exempt submittal of a drainage plan,
particularly with other lots to be developed. The Zoning
Ordinance specifically states that the developer "shall"
submit a drainage plan.
.
-Buffer requirements were not met as required in the County
Zoning Ordinance. section 51.5-213 states "buffer strips
shall be required in accordance with section 67". Section 67-
2 states "in order to meet landscaping functions, landscaping
shall be required for the purpose of buffering adjoining and
competing land uses". The County Planning Director has
indicated that section 67-2 only pertains to multi-type family
developments with more density. The purpose of the ordinance
is to protect neighborhood development from competing land
uses. Section 67-4 states "additional requirements for
buffers and for yards in which buffers are required. Buffer
strips are designed to protect adjoining land uses,
particularly residential from the noise, heat, dust, lights,
threats to privacy, and aesthetic impacts from more intense
land uses".
Attorney Shipman stated the residents of Lansdowne do not seek
to prevent Mr. Sanders from developing his property in accordance
with the law, but they do expect Mr. Sanders to comply to the law~
The law requires submittal of a storm-water management control plan
to ,the. Engineering .Office. for approval and the required' buffer
strips. These requirements have not been met; therefore, the
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MINUTES OF REGULAR AND-CONTINUED MEETING OF JUNE 1, 1992 PAGE 27
residents of Lansdowne respectfully request that the plan not be
approved, but returned to the Technical Review Committee with
specific instructions that buffer strips and submittal of a
drainage control plan must be submitted in order to comply to the
County Zoning Ordinance.
Planning Director Hayes stated the buffer requirement is not
required for performance development when performance development
only contains detached housing. Buffering is required when
performance development contains attached housing as specifically
stated in section 67-41.
County Engineer, Jim Craig, stated after review of the site,
there is nothing to generate impervious run-off; therefore, a
drainage plan is not needed. All ditches in New Hanover County are
subject to poor drainage due to poor soils. If the ditches are
properly cleaned on Navaho Trail, storm-water run-off will drain
properly and not negatively impact on property owners in Lansdowne
Subdivision. He also commented on the fact that all ditches except
for ditches in the state maintained right-of-way are the
responsibility of the property owner.
Attorney George Rountree, representing the developer, Nathan
Sanders, commented on R-15 performance residential and stated this
is not a more intense use, but a less intense use. The reason for
the buffer strips not being required was due to the type of
development. Also, a drainage plan was considered and approved by
the County Engineering Office when the proposal was originally
submitted to the Technical Review Committee in 1990. The County
Engineer stated the project had been reviewed, and he has
determined that the project does comply to drainage requirements.
Assistant County Manager, Dave Weaver, stated the County
Zoning Ordinance does not have specifications for what constitutes
a drainage plan. The County relies on the professional judgement
of the Engineering Staff to determine the drainage method to use.
In this case where there is no storm-water run-off from curb and
gutter, normally vegetated swales will meet the impervious drainage
standards as specified in the ordinance.
A lengthy discussion was he'ld on the drainage impact to
Chelsea Lane if Navaho Trail is not improved and the ditches are
not properly maintained. County Engineer craig stated if the
ditches are properly maintained by the N. C. Department of
Transportation, no negative drainage impact should be experienced
by the residents living on Chelsea Lane.
Attorney Rountree asked County Engineer craig if he saw water
standing on the site in the ditches when visiting the site after
the previous rains over the weekend? County Engineer Craig stated
there was no water standing on the site.
Attorney Shipman inquired as to whether storm-water run-off
has been calculated on the site after completion of development?
County Engineer Craig stated the numbers have not been calculated.
Attorney Shipman inquired as to whether a drainage plan was
submitted to the Engineering Office? County Engineer Craig stated
a drainage plan was not submitted. Attorney Shipman commented on
proposed concrete driveways and stated storm-water run-off from
these driveways will flow toward Chelsea Lane. County Engineer
Craig stated storm-water run-off will drain into the ditches on
Navaho Trail, not onto Chelsea Lane.
BREAK
Chairman Mathews called a break from' 10: 00 P. M. until 10: 15
P.M.
. . ,
Discussion was held on a plan being submitted for'development
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MINUTES OF REGULAR AND CONTINUED MEETING OF' JUNE 1, 1992 PAGE 28
of the four lots and not the entire tract of land.
Planning Director Hayes stated Mr. Sanders is in the process
of submitting a new plan for the entire tract, which is composed of
11 lots; however, this plan has not been reviewed by the Technical
Review Committee and is not involved with the appeal being heard
tonight.
commissioner Barfield inquired as to why one drainage plan was
not submitted for the entire piece of property? Attorney Rountree
stated one plan covering the entire tract of land was not submitted
because four lots had been sold, and the sale of these lots could
not be completed without approval of the preliminary plan by the
Technical Review Committee. A drainage plan has now been submitted
for the remaining 11 lots.
In summary, Attorney Rountree stated the drainage was
adequately considered by the County Engineer and buffering was not
required; therefore, he requests the Commissioners to deny the
appeal and uphold the approval of the plan by the Technical Review
Committee.
Attorney Shipman stated no drainage plan was submitted;
therefore, the project does not comply to the County Zoning
Ordinance. The plan should be returned to the Technical Review
Committee to be considered at the same time that the consolidated
plan is reviewed in order to debate the drainage issues before the
Technical Review Committee meets and takes action.
Motion: After discussion of no drainage plan being submitted and
concern for drainage on the site that could negatively impact on
Lansdowne Estates, Commissioner Sutton MOVED, SECONDED by
Commissioner Retchin to resubmit the plan to the Technical Review
Committee for review of the drainage plan in compliance with the
County Zoning Ordinance. The floor was opened for discussion.
Vice-Chairman Greer expressed concern for postponing action
and stated the appeal was presented on the premises that the
drainage plan did not comply to the County Zoning Ordinance. In
his opinion, the evidence presented does show that after review by
the County Engineering Staff and Technical Review Committee,
drainage for this size of subdivision has complied to the criteria
of the County Zoning Ordinance; therefore, the appeal has been
addressed and a decision should be rendered.
commissioner Barfield inquired as to whether drainage has been
reviewed?
Planning Director Hayes stated the drainage was reviewed by
the County Engineering Staff prior to the Technical Review
Committee meeting and again at the Technical Review Committee. In
the context of a drainage plan, the plan for handling water was
submitted to the County and reviewed by the County Engineer. The
plan was signed off by County Construction Engineer, Wayne
Kimbrell, stating the drainage requirements of the County Zoning
Ordinance were satisfactorily met.
commissioner Barfield commented on remarks by County Engineer,
~im Craig, and stated if the ditches on Navaho Trail are not
properly maintained and improvements are not made, problems could
be experienced ~n Lansdowne; therefore, these items should have
been discussed and addressed by the developer at the Technical
Review Committee.
Planning. Dir~ctor. Hayes . stated the Department of
Transportation is not interested in approving drainage for
adjoining property, but is concerned about removal of water from
the road., The question to be answered is how much of a drainage
plan is needed for this size of a subdivision.
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MINUTES OF REGULAR AND GONTINUED MEETING OF JUNE 1, 1992 PAGE ~9
Commissioner Barfield commented on following the law in order
to be fair to all parties involved and inquired as to whether the
Board can send the plan back to the Technical Review Committee?
Assistant County Attorney Kemp Burpeau stated the County
Ordinance does not specify or define how formal a drainage plan
must be for projects of this size and apparently the County
Engineer felt the necessary documents were submitted for review of
drainage on this site. The hearing from the appellant is
considered a quasi-judicial hearing which involves making a
decision on the evidence presented showing that the development has
met the criteria as defined in the ordinance. If the Commissioners
feel there is legitimate concern for drainage on the site, the plan
can be returned to the Technical Review Committee for review of the
drainage plan. If the Technical Review Committee further reviews
and approves the drainage plan for the project, an appeal will have
to be filed again before this item would be heard by the Board of
County Commissioners.
commissioner Barfield commented on the developer constructing
the proper type' of housing in Georgia Place and asked Nathan
Sanders if he would consider building stick homes on this property?
Mr. Sanders stated originally, a plan was submitted for
development of a standard subdivision in 1990. The subdivision
permit expired and the same plan was resubmitted and again
approved. The issue is not whether we are complying to the
subdivision regulations, but whether housing will be placed in
Georgia Place Subdivision that will be comparable to housing in
Lansdowne Estates. The subdivision has been submitted in
compliance to the County Zoning Ordinance with approval of drainage
for the subdivision by the County Engineering Office and Technical
Review Committee. In the hearing at the Technical Review
Commi ttee, a lengthy discussion was held on drainage and the
possible impact on Lansdowne Subdivision. The Technical Review
Committee instructed the Planning Department to contact the N. C.
Department of Transportation and request opening of the ditches on
Navaho Trail, and I was requested to construct drainage swales
along each property line, at my expense. I agreed and subsequently
presented a map back to the County Engineering Office and Planning
Department showing the drainage' swales and the Department of
Transportation has cleaned out the ditches on Navaho Trail;
therefore, the requests of the Technical Review Committee have been
met. with recent rains, there have been no problems experienced
with water standing in the ditches on Navaho Trail. If the issue
is whether or not stick built houses should be placed on the
property versus manufactured or modular homes, this issue should be
addressed. If the issue is drainage, .that issue has been addressed
according to County regulations. This is the third time Georgia
Place Subdivision has been reviewed. If returned to the Technical
Review Committee, I feel the drainage plan will be approved;
however, I will be delayed again in moving forward with the
proposed project.
commissioner Barfield stated the Commissioners do not have
evidence to deny the developer the right to develop the 'property
based on drainage; however, hopefully, Mr. Sanders will do what is
morally right and construct stick homes on the property.
Chairman Mathews called for a vote on the MOTION to resubmit
the plan to the Technical Review Committee to review the drainage
plan for the subdivision as to compliance to the County Zoning
Ordinance. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS:
voting Aye: Commissioner Retchin
commissioner Sutton"
Voting Nay: Commissioner Barfield
Vice-Chairman Greer
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 30
Chairman Mathews
Motion: Vice-Chairman Greer MOVED to deny the appeal based upon
the evidence presented showing that the drainage issues have been
addressed and do comply to the County Zoning Ordinance. The floor
was opened for discussion.
.
Attorney Shipman stated evidence has been presented showing
that the Engineering Department did not consider the 10-year storm
plan with run-off calculations figured; therefore, the plan should
be resubmitted to the Technical Review Committee to address these
issues as required under the County Zoning Ordinance and also study
existing drainage characteristics of the property. The issue for
stick built homes is another matter to be discussed at a later
date.
Assistant County Manager Dave Weaver suggested that the Board
consider approval of Georgia Place Subdivision subject to the
condition that additional engineering information being given to
the County Engineer for review to be sure engineering standards of
the County Zoning Ordinance are approved.
Motion Amended: Vice-Chairman Greer AMENDED THE MOTION to state
that under the grounds of the appeal, the question of drainage has
been addressed satisfactorily with the exception of the 10-year
plan and run-off calculations. The County Engineer is to perform
the calculations and if they are within the limits of the County
Zoning Ordinance, the appeal will be denied. The floor was opened
for discussion.
.
Assistant County Attorney Burpeau stated the Board of County
Commissioners cannot consider new evidence, such as the 10-year
plan, since the Board of County Commissioners functions only as an
appeal body. This type of information must be reviewed and acted
upon by the Technical Review Committee.
Amended Motion withdrawn: Vice-Chairman Greer withdrew the amended
motion based on the comments presented by the Assistant County
Attorney.
commissioner Barfield expressed concern for delaying this
project and asked if a decision can be rendered by the Technical
Review Committee, and if the decision is appealed, can the Board of
County Commissioners hear the appeal at the next meeting scheduled
for June 15, 1992?
Attorney Shipman stated if a decision is rendered
Technical Review Committee which is not satisfactory
residents of Lansdowne, an appeal will be filed immediately
hearing can be held on June 15, 1992.
by the
to the
and the
.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Retchin to return the plan to the
Technical Review Committee and instruct the Committee to consider
the 10-year plan and run-off calculations as to compliance with the
County Zoning Ordinance. If appealed, the appeal will be heard by
the Board of County Commissioners on June 15, 1992. Upon vote, the
MOTION CARRIED.
MEETING ADJOURNED UNTIL FRIDAY, JUNE 5, 1992
Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to adjourn the meeting until Friday, June 5, 1992, at 8:30
A.M. in the Assembly Room. of the New Hanover County Courthouse.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:45 P.M.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 31
~dl~.
Lucie F. Harrell
Clerk to the Board
MINUTES OF CONTINUED MEETING, JUNE 5, 1992
Chairman Mathews reconvened the meeting continued from June 1,
1992, at 8:30 A.M. on Friday, June 5, 1992, in the Assembly Room of
the New Hanover County Courthouse, 24 North Third street,
Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer;
Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Mathews called the meeting to order.
ACTION ON FY 1992-93 BUDGET REQUESTS
The following action was taken:
APPROVAL OF ADDITIONAL POSITIONS FOR THE SHERIFF'S DEPARTMENT
Motion: After discussion of the need for the positions due to
expansion of the jail and 911 Center, Commissioner Retchin MOVED,
SECONDED by Commissioner Sutton to (1) approve 3 dispatch positions
for the 911 Center; (2) approve 10 deputy positions, 1 cook, and 1
utility position for the Sheriff's Department; and to accept
staff's recommendation for funding of these positions at a cost of
$337,791 fr6m the estimated sales tax revenue in the amount of
$200,000 and budgeting of $137,791 from 911 surcharge revenue.
Staff was requested to inform the Sheriff to fill only the
positions needed and consider utilization of drug forfeiture monies
to fund these positions, if funds become available. The floor was
opened for discussion.
Vice-Chairman Greer expressed concern for adding this number
of new positions, which increases the Sheriff's 1992-93 Budget by
$500,000, and recommended funding two (2) dispatch positions and
(6) new deputy positions.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
DISCUSSION OF FUNDING FOR EMPLOYEES' MERIT INCREASE CONTINGENT UPON
AVAILABILITY OF FUNDING
County Manager O'Neal commented on the importance of
continuing the Merit Program for FY 1992-93 and recommended
consideration of approving the program for the second half of the
year if funding becomes available. Revenues may be higher than
anticipated or expenditures may be lower than estimated. The
Budget Director and County Manager will keep the Board informed on
the status of the budget as the year progresses.
commissioner Retchin recommended informing County employees
that the Board is aware of the need to provide merit increments and
pay employees commensurate with their level of services being
rendered; however, wi th current budget constraints, he would
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MINUTES OF REGULAR AND CONTINUED MEETING OF' JUNE 1, 1992 PAGE 32
recommend that department heads and supervisors evaluate and
establish merit increments toward the end of fiscal year 1992-93
for implementation of merit increments effective at the beginning
of fiscal year 1993-94. This annual process would allow staff to
budget accurately for merit increments each year and avoid an
impact on the upcoming budget year.
commissioner Sutton expressed concern for some inequities in
the newly adopted Pay and Classification Plan and recommended
review of these situations with corrections, if justified.
Vice-Chairman Greer commented on the
the Pay and Classification Study and
inequities occurring in the plan which
million dollars to implement.
cost for performance of
expressed concern for
cost the County 2 1/2
Commissioner Barfield stated the Pay & Classification Plan did
not produce a plan as anticipated. It was hoped that the plan
would correct the large gap between low and high salary ranges;
however, this was not accomplished. It is difficult to believe
that an employee in a position for two years can now make the same
pay as an employee in the same position for twenty years.
County Manager O'Neal stated some isolated inequities do exist
and suggested that these cases be reviewed by staff; however, the
overall Pay and Classification Plan was not based upon the employee
in the position but upon the duties of the position itself.
Motion: Commissioner Retchin stressed the need to support the
Merit Program and the importance of knowing the exact figure to
budget annually for merit increments and MOVED, SECONDED by
Commissioner Sutton to request the County Manager to develop a
policy whereby department heads and supervisors will evaluate
employees for merit performance during the current fiscal year to
become effective at the beginning of the next fiscal year. Also,
staff was requested to review inequities in the new Pay and
Classification Plan with correction of any inequities presented to
the Commissioners through a budget amendment. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF FUNDING REQUEST FOR THE KATIE B. HINES SENIOR CENTER
Budget Director, Cam McAbee, stated after discussion with a
Carolina Power & Light Company representative, the electricity
service for the Katie B. Hines Center has increased which moved the
usage into a higher level of service thereby increasing the monthly
electric bill by approximately $150. The representative of
Carolina Power & Light Company is willing to visit the center and
assist the administration in evaluating electricity usage and ways
to reduce the monthly bill.
Motion: After discussion of services provided, Commissioner
Retchin MOVED, SECONDED by Commissioner Barfield to approve funding
in the amount of $2,000 to the Kate B. Hines Center to cover
increased electricity costs subject to further investigation by
staff as to the increased energy cost with the understanding that
this additional funding is for an emergency situation. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF FUNDING REQUEST FOR THE VETERANS COUNCIL
County Manager O'Neal stated the New Hanover County Veterans
Council has requested that the County provide space and staff near
the State District Veterans Office located on Market Street to
administer services to County veterans in lieu of the approved
$20,000 funding request.
Motion:. After discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner Retchin to offer the $20,000 funding appropriation to
the Veterans Council to be used for personnel and associated costs
in administering benefits to New Hanover County Veterans. Upon
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE ~3
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
Vice-Chairman Greer stated, for the record, he cannot support
a County funding appropriation for a program that should be
administered by the state and federal governments.
DENIAL OF FUNDING REQUEST BY THE ASSOCIATION OF RETARDED CITIZENS
County Manager O'Neal stated this agency was not part of the
regular budget process as it was not funded in FY 1991-92.
Motion: After discussion of possible grant funding through the
Southeastern Center, Commissioner Barfield MOVED, SECONDED by Vice-
Chairman Greer to deny this funding request until this agency
becomes affiliated with the Southeastern Center. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
DENIAL OF FUNDING REQUEST FOR WILMINGTON/NEW
COMMUNITY DEVELOPMENT CORPORATION
County Manager O'Neal stated this agency has not been
in the past and if funding is approved, an additional
agency will be added during the downsizing process.
HANOVER COUNTY
funded
outside
Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer
to deny the funding request at this time. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
DENIAL OF FUNDING REQUEST FOR YAHWEH CENTER
County Manager O'Neal stated if the Department of Social
Servic~s places a child at the Yahweh Center, it pays $50 per
month/per child; the state-approved rate is $265 per month/per
child. The County's General Fund money pays $185 per month
difference between the two rates. DSS has placed only two children
at the Center during the current fiscal year which began July 1,
1991. Yahweh was not included in the regular budget process as it
was not funded in FY 1991-92.
Budget Director, Cam McAbee, stated after review by the Human
Services Allocations Advisory Committee, it was felt that these
children do not fall in a category to receive CBA funding;
therefore, no funding was recommended.
Mr. Michael Warren, a member of the Yahweh Board of Directors,
commented on the importance of services rendered to all members of
the family by the Yahweh Center. Emphasis was placed on the neeQ
for long term care to change attitudes and provide training to
assist families to become reinstated. Discussion was held on the
immediate need of funds to allow the Yahweh Center to continue to
operate until state funding becomes available during FY 1993-94~
The Commissioners were urged to approve a funding request in the
amount of $15,000.
commissioner Retchin stated the agency was originally
established as a temporary receiving home for emergency cases of
child abuse and neglect, and that he was not aware of this becoming
a long-term care program. He stated programs of this type are
usually affiliated with churches and receive donations through the
private sector.
Mr. Warren stated the Yahweh Center is a long-term care
facility and expressed concern for the general public feeling that
the agency is well funded when in reality, funds are very limited
at this time.
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 34
Vice-Chairman Greer inquired as to whether another facility is
being purchased?
Mr. Warren stated Yahweh has applied for a grant to purchase
the building adjacent to the present facility in order to provide
counseling services to children and family members.
Motion: After discussion of additional funding needed until the
Yahweh Center can receive long term funding from the State,
Commissioner sutton MOVED to approve a $5,000 funding request on a
one-time emergency basis. The MOTION FAILED DUE TO NOT RECEIVING
A SECOND.
No action was taken; therefore, the funding request was
denied.
DISCUSSION OF GENERAL FUND CHANGES
County Manager O'Neal reported on the general fund changes and
stated he would be glad to answer any questions.
Vice-Chairman Greer inquired as to the amount of funds cut
from the "Meals on Wheels" program and recommended allocating
$10,000 to this agency. Emphasis was also placed on the importance
of informing the elderly of this service.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Barfield to appropriate an additional
$10,000 to the "Meals on Wheels" program. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
AUTHORIZATION FOR STAFF TO PREPARE THE BUDGET ORDINANCE FOR
ADOPTION AT THE MEETING OF JUNE 15, 1992
Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews
to direct staff to prepare a Budget Ordinance for FY 1992-93 based
upon Board action. Upon vote, the MOTION CARRIED UNANIMOUSLY.
commissioner Sutton requested preparation of a report
identifying new mandated programs and capital projects during the
past fiscal year. He stated, in essence, the citizens have
recei ved a substantial decrease from previous programs due to
downsizing.
Staff was complimented on preparing an excellent budget and
directed to continue closely monitoring the filling of vacant
positions during the upcoming fiscal year.
County Manager O'Neal stated staff will continue to monitor
the filling of vacant positions; however, it will be difficult to
reduce ~he number of employees from the present level for FY 1993-
94. The next steps to consider will be elimination of programs or
raising taxes.
AUTHORIZATION FOR CHAIRMAN TO WRITE A LETTER TO LOCAL N. C.
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES FOR
IMPLEMENTING COUNTY REGULATIONS FOR PROTECTION OF SOUNDS AND CREEKS
Commissioner Sutton commented on the need to protect water
quality in the County's sounds and creeks and requested
authorization for the Chairman to write a letter to the N. C.
Department of Environment, Health and Natural Resources for
implementing more stringent County regulations for protection of
water quality. When attending the Coastal Federation tour of the
County's creeks and waterways on June 2, 1992, State officials were
very complimentary of the regulations now enforced in New Hanover
County; however, there may be some additional ordinances that will
provide more water quality protection.
commissioner Retchin heartily endorsed the draft letter and
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MINUTES OF REGULAR AND CONTINUED MEETING OF JUNE 1, 1992 PAGE 35
recommended that the Planning Department study the possible use of
special use permits to better control commercial marinas.
Further discussion was held on pumping of sewage from boats
into the water when docked at marinas. Vice-Chairman Greer stated
some coastal communities have adopted ordinances that require the
use of red dye tablets by boats docked in commercial ,marinas in
order to trace any violation of this law. Perhaps, New Hanover
County should consider this type of ordinance, particularly since
the Town of Wrightsville Beach is negotiating with the Sheriff's
Department for use of the patrol boat which could be used for
enforcement.
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County Attorney Copley recommended review of the federal
regulations before preparing an ordinance.
Consensus: After further discussion, it was the consensus of the
Board to authorize the Chairman to write the letter submitted by
Commissioner Sutton to the N. C. Department of Environment, Health
and Natural Resources.
DISCUSSION OF BRUNSWICK NUCLEAR DRILL
Chairman Mathews complimented the Emergency Management
Director and staff for an excellent job in administering the
Brunswick Nuclear Drill and stated it appears that New Hanover
County functioned quite well.
DISCUSSION OF POOR ATTENDANCE BY NEW EMPLOYEES
RECOGNIZED AT BOARD MEETINGS
Chairman Mathews requested better attendance of
when scheduled to be introduced at regular meetings
commissioners.
WHEN BEING
new employees
of the County
County Manger O'Neal stated the Human Resources Department has
developed a new program which will be implemented in the near
future.
REPORT ON MALFUNCTIONING OF CLOCKS
Chairman Mathews reported that both the Assembly Room clock
and Tower clock are not properly functioning.
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County Manager O'Neal stated the Property Management
Department will be notified.
PICTURES TO BE TAKEN AFTER THE REGULAR MEETING SCHEDULED FOR JUNE
15, 1992
Clerk to the Board, Lucie F. Harrell, announced that a group
picture and individual pictures will be taken after the regular
meeting to be held on June 15, 1992.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:45 P.M.
Respectfully submitted,
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Clerk to the Board