1992-07-06 Regular Meeting
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~MINUTES OF REGULAR MEETING, JULY 6, 1992
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ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, July 6, 1992, at 6:30 P.M. in the Assembly Room
of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
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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
Director of Finance, Andrew J. Atkinson, gave the invocation.
Commissioner Sutton 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 items were presented.
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Discussion of Subdivision Text Amendment for Clarification of the
Appeals Process
Dr. William C. Sisson, a member of the former Planning
Commission, commented on Item #22 on the Regular Agenda, and stated
the Commissioners may wish to review the text amendments prepared
by the prior Study Committee before considering the proposed text
amendment.
Request for Removal of Consent Agenda Item #9,
Mr. Rick Pridemore, representing Sound & Telephone Systems,
requested removal of Consent Agenda Item #9, the bid award for the
Health Department telephone system, to the Regular Agenda due to
the complexity of issues involved with the bidding process.
commissioner Barfield inquired as to the amount of time
involved with discussion of this item?
Mr. Pridemore stated Sound & Telephone Systems would like to
present a 3 -page letter def ining how their company's bid was
structured and the flaws observed in the County's staff
presentation and recommendation.
commissioner Barfield inquired as to why these issues were not
presented prior to this meeting?
Mr. Pridemore stated with the timing of the agenda, late
notification on the date of the bid award, and the 4th of July
holiday, it was impossible to present the letter before this date.
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Vice-Chairman Greer stated this item has been reviewed by
Staff for the past six weeks, therefore, he feels the bid award
recommendation by staff should be upheld and approved as presented
on the Consent Agenda.
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County Manager O'Neal stated Sound & Telephone Systems was
informed about the bid award on Tuesday, June 30, 1992, with
availabili ty of agenda material on Wednesday, July, 1, 1992.
However, the Purchasing Agent has just informed him that Sound &
Telephone Systems was notified of the bid award on~June 24, 1992.
Mr. Pridemore stated on June 24, 1992, a memo was written by
a MIS staff person to the Purchasing Agent, and that Sound &
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 47
Telephone Systems was not notified until Tuesday afternoon, June
30, 1992, with availability of information on July 1, 1992. This
notification was not ample time to present the letter and points of
concern about the bid award, particularly when our company's bid is
$30,000 lower than the next bid.
commissioner Retchin commented on this being a short amount of
time for review of the information and recommended removing this
item from the Consent Agenda to the Regular Agenda for further
discussion.
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Consensus: After discussion of the time involved with hearing this
request, it was the consensus of the Board to place this item on
the July 20, 1992, agenda.
APPROVAL OF CONSENT AGENDA
Commissioner Retchin requested removal of Consent Agenda Item
#10 for discussion at the end of the meeting.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to remove Items #9 and #10 with approval of the remaining
Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following minutes as presented
by the Clerk to the Board:
Regular Meeting - June 1, 1992
Regular Meeting - June 15, 1992
Adoption of procl~mation Designating July 5-11, 1992, as Hurricane
Awareness Week in New Hanover County
The Commissioners adopted a proclamation designating July 5-
11, 1992, as Hurricane Awareness Week in New Hanover County.
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A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 4.
Approval of FY 1991-92 Alternatives to Detention Grant Amendment-
The Commissioners retroactively approved a grant amendment of
$1,000 for the Alternatives to Detention Program.
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions adding Dawning Creek Way
and Bailiwyck Way in Dawning Creek Subdivision, Jessica Lane and
Sondery Road in Rocky Road Subdivision, and roads in Cambridge
Subdivision - section 4, Bridgeport Subdivision - sections 1 and 2,
and Harnett pointe - section 2, 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 4.
Approval of Award of Bid Contract #92-0469 to A , B containerized
Trash service to Provide Dumpster Service for County Buildings
The Commissioners approved awarding Bid Contract #92-0469 to
the lowest bidder, A & B containerized Trash Service, to provide
dumpster service for County buildings in the amount of $30,679.
The following bids were received:
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A & B containerized Trash
Waste Industries, Inc.
Waste Management of Wilmington
$30,679.00 (annually)
$67,271.00 (two years)
$34,272.82 (annually)
The Chairman was authorized to execute the contract documents.
A copy of the contract is on file in the Legal Department.
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PAGE 48
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Authorization to Transfer Unbudgeted Receipts from Donations to
Cape Fear Museum Associates (Contract #92-0501) to be Used as Match
for a Grant
The Commissioners authorized the transfer of unbudgeted
receipts to Cape Fear Museum Associates, Contract #92-0501, in the
amount of $16,523, from contributions made by visitors to the
museum between January and June 1992. The funds will be used as a
match in order to receive funds of $8,264 from the North Carolina
Humanities Council Challenge Grant. The total amount of $24,787
will enable the publication of a source book to accompany the
"Time, Talent, Tradition" Exhibit. The Chairman was authorized to
execute the contract documents.
A copy of the contract is on file in the Legal Department.
Acceptance of New Hanover County Comprehensive criminal Justice
System Grant Award
The Commissioners retroactively authorized the County Manager
to sign the state and Local Narcotics Control Grant Award for FY
1992. The grant award in the amount of $323,131 with a local match
of $80,783 has been included in the FY 1992-93 Budget and will
address the jail population by integrating data from the Sheriff,
Jail, Magistrate's Office, and Courts. This system will allow for
more rapidly processing court cases.
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Approval of Request by Habitat for Humanity for the Donation of
Property Jointly Owned by the City of Wilmington and New Hanover
County
The Commissioners approved the donation of property, jointly
owned by the City of Wilmington and New Hanover County, located at
1101 South Seventh Street (Tax ID #54-13-23-10) to Cape Fear
Habitat for Humanity for direct use in their program. The donation
is contingent upon approval of this request by the Wilmington City
Council.
Approval of Amendment to the Article III, Section 9(b) of the New
Hanover County Personnel Policy Revision to Pay Rates in
Reclassification, Promotion, Transfer, and Demotion
The Commissioners approved amending Article III Section 9(b)
of the New Hanover County Personnel Policy concerning pay rate
changes resulting from reclassification, promotions, transfers and
demotions as follows:
Promotion: Incumbent employees promoted to a classification
with a higher pay grade may receive 5%, or be placed at the
minimum of the pay grade for the new classification, whichever
is greater.
Approval of Adding Section 15 to the sick Leave Section of the New
Hanover County Personnel Policy
Recognizing that extreme catastrophic situations can happen to
an employee or a member of a family which requires exhausting all
sick and personal leave, the Commissioners approved the addition of
Section 15 to the sick Leave Policy whereby employees may donate a
given amount of accumulated personal leave to another employee in
need of additional sick leave.
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A copy of the policy is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 4.
RECOGNITION OF NEW HANOVER COUNTY RETIREES
Chairman Mathews, on behalf of the County Commissioners,
presented retirement plaques and wished the following retirees
health and happiness in their retirement years:
Dorothy M. Paul, 13 years with the Health Department
Shirley J. West, 30 years, 7 months with Social Services
Armond H. Ward, 14 years, 5 months with Property Management
Nancy D. Perry, 13 years with the Library
Norma E. Philpott, 13 years, 3 mos., County Manager's Office
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 49
Betty B. Steele, 34 years, 1 month with social services
Randolyn G. Anderson, 24 years, 2 months, with Inspections
Betty J. Jackson, 12 years, 7 months, with Inspections
John W. Willie, 19 years, with Sheriff's Department
Dorothy M. Harrell, 14 years, 5 months with Elections
Robert L. Thomas, 12 years, 11 months with Sheriff's Dept.
Wilma B. Bowman, 17 years with Sheriff's Department
A round of applause was requested.
AUTHORIZATION FOR NEW HANOVER REGIONAL MEDICAL CENTER TO ISSUE
REVENUE BONDS FOR CONSTRUCTION OF REHABILITATION HOSPITAL
Mr. George Diab, a member of the New Hanover Regional Medical
Center Board of Trustees, requested the Board of County
Commissioners to approve a proposal to issue $16,000,000 tax-exempt
hospital revenue bonds. During the past year through a competitive
bidding process, the State of North Carolina has concluded that New
Hanover County is the appropriate place for location of a
Rehabilitation Hospital. In order to move forward with this
project, the Hospital Board voted unanimously to seek approval for
issuance of revenue bonds to finance the Rehabilitation Hospital
and other related projects. He requested President David Plate to
further explain the project.
President Plate stated this is the first time in the history
of the hospital that the Commissioners have been requested to
authorize issuance of hospital revenue bonds. Emphasis was placed
on the fact that these bonds will not be repaid by the taxpayers,
but will be paid by New Hanover Regional Medical Center. Slides
were presented on the three components of the bond proposal as
follows:
-Construction of a Rehabilitation Hospital: In February,
1992, a certificate of Need was approved by the State to
construct a 60-bed Rehabilitation Hospital. The project is in
the design phase with plans to break ground no later than
January, 1993, with an anticipated completion date of March,
1994.
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-New Hanover Community Health Center: This is a joint project
shared by New Hanover Regional Medical Center, the New
Hanover/Pender Medical Society, New Hanover County, the City
of Wilmington, the New Hanover County Health Department, the
State of North Carolina, and the Federal Government in an
effort to furnish a first-class facility to provide quality
medical care for the medically indigent. This project began
with a $53,000 planning grant to hire consultants to prepare
a proposal that will enable the proposed Community Health
Center to receive section 3-30 grant funds through the Bureau
of Health Care Delivery & Assistance in the amount of $780,000
annually. Additional proposed insurance coverage (Medicaid
being one of the carriers) from the insured receiving care
will produce revenue in the amount of $450,000; therefore, the
annual operation of the Community Health Center will be
approximately $1,200,000. Hopefully, land will be donated for
the construction site and assistance has been offered by the
County to begin the new community Health Center at the Rankin
Terrace Health Clinic with the possibility of this clinic
becoming a part of the new facility. The only item that has
not been furnished is construction of the building; therefore,
since New Hanover Regional Medical Center would be the most
appropriate landlord of this facility, the hospital is seeking
funds to provide this building through the revenue bond issue.
with anticipated revenue from the operation of the facility,
and federal funds that provide $8.00 per square foot lease
space, enough revenue should be generated to cover the expense
for the mortgage on the building. In summary, New Hanover
Regional Medical Center would like to bring this. type of a
facility to New Hanover County and provide quality medical
care to our medically underserved low-income citizens.
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-Energy Plant Improvements: The energy plant at the hospital
is 25 years old and is in need of gradually being replaced
beginning with the chiller plant, electrical system, and
boiler plant modifications.
Mr. James R. Eyerman, Executive Vice-President of Finance, of
New Hanover Regional Medical Center, presented the proposed bond
financing sources and uses as follows:
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series 1993 Bonds
Total Sources
$16.000.000
$16,000,000
USES:
Rehabilitation Hospital
Energy Plant Improvements
Community Health Center
Funded Interest - Net
Issuance Costs
Total Uses
$ 9,033,000
$ 4,317,000
$ 1,000,000
$ 1,100,000
$ 550.000
$16,000,000
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The proposed financing timetable would take approximately 25
weeks with a closing schedule for December 1992. Construction on
the various projects would tentatively begin in early 1993 with a
construction period of approximately 15 months. New Hanover
Regional Medical Center will be responsible for paying back the
bonds with no County funds involved.
Commissioner Retchin inquired as to the amount of" the annual
payment for the bonds and if the Rehabilitation Hospital will
generate enough funds to cover this payment? Mr. Eyerman stated
the annual payment will be $1,500,000 which will be paid as
follows: (1) approximately $10,000,000 of the $16,000,000 will
come from Rehabilitation Hospital; (2) rent received from the New
Hanover Community Health Center will be approximately $100,000 to
be used for the annual payment; and (3) hospital revenues will be
used to pay for the energy plant improvements.
commissioner Barfield inquired to whether the daily rate for
hospital care will increase?
Mr. Eyerman stated hospital
approximately $10 per day.
care will
increase
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commissioner Barfield stated opening of the New Hanover
Community Health Care Center will reduce indigent cost for the
hospital and inquired as to whether this will help to offset the
$10 per day increase?
Mr. Eyerman stated there will be some indigent cost relief;
however, these figures will have to be calculated in order to
determine how much the daily rate will be reduced.
Commissioner Retchin inquired as to whether the Rehabilitation
Hospital will support itself? Mr. Eyerman stated the
Rehabilitation Hospital will be self-supporting and will not shift
costs to other hospital patients.
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commissioner Sutton commented on the revenue bond process
being a long arduous procedure and emphasized the importance of the
public being well informed. He stated a Public Hearing will be
held by the Board of County Commissioners on November 30, 1992, as
scheduled to receive public input before approving the financing of
the project.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to authorize the New Hanover Regional Medical Center Board
of Trust~es to proceed with the process to issue $16,000,000 of
revenue .bonds_as proposed for the benefit of the .hospital. The
floor was opened for discussion.
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Vice-Chairman Greer agreed with construction of the proposed
Rehabilitation Hospital and New Hanover Community Health Center,
b~t expressed concern for this project raising the daily cost per
day by $10 and inquired as to the number of rooms? He also
commented on estimated revenues of $2,100,000 annually with debt
service of $1,500,000 annually and inquired as to usage of the
additional revenue?
Mr. Eyerman stated today, 370 rooms are occupied with 60 beds
in the proposed Rehabilitation Hospital. The $10 increase per day
will be included in the charges at the Rehabilitation Hospital not
in all patient charges.
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Vice-Chairman Greer, again, agreed with the overall concept
but strongly objected to adding an additional $10 charge per day
and stated the new facilities should be self-supporting.
commissioner Retchin stated if overall costs for adding the
new facilities are considered, the hospital per day charge will
increase $10; however, he does not feel this will happen since the
Rehabilitation Hospital should generate enough revenue to produce
a profit.
Commissioner Sutton stated traditionally Rehabilitation
Hospitals are a profit making component of the hospital care
system.
Ms. Sandra Barone, a candidate for County Commissioner,
inquired as to the number of hospital beds? Mr. Eyerman stated
540-550 beds. Ms. Barone stated if the present bed census is at
370, why can't the additional beds in New Hanover Regional Medical
Center be used for the 60-bed Rehabilitation Hospital instead of
constructing a new facility?
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President Plate stated the 10th floor of the hospital is a
shelled in area used for storage. When discussing the project with
the State, the hospital inquired as to usage of the 10th floor for
the Rehabilitation Hospital; however, in order for the project to
be approved by the State, it was necessary to provide 60 beds. The
10th floor will accommodate only 40 beds and after review of the
therapy services, the pools, and support services, it was
determined by the State that the 10th floor was not adequate;
therefore, if the hospital was not willing to provide an adequate
facility, the State would allow another hospital facility to
provide this service. He stated if emergency services begin to
migrate to the new Community Health Center the hospital will save
$163,535 annually which will allow the hospital to keep health care
costs down and reduce the $10 per day increase.
commissioner Barfield inquired as to the inpatient/outpatient
indigent cost?
President Plate stated the hospital incurs $23,000,000
annually in write-offs from uncompensated care for both inpatient
and outpatient care which represents about 20%.
commissioner Barfield stated if the hospital does not have to
absorb the $23,000,000 write-offs and projects other than the
energy plants are self-sufficient, why would this savings not be
adequate to pay for the energy costs and allow the per day rate to
remain the same?
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President Plate stated indigent cost continues to increase~
and southeastern North Carolina has the second highest infant
mortality rate in the state, which is extremely costly.
Commissioner Sutton stated the cost-shift is not indigent
care, but reductions in Medicare/Medicaid coverage and requested
President Plate to explain this national health care problem.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 52
President Plate. stated the hospital provided $67,000,000 in
uncompensated care last year with only $23,000,000 of the
$67,000,000 in New Hanover County. The difference between the
$23,000,000 and $67,000,000 is the Medicare/Medicaid shortfall.
These programs do not pay the costs for their patients.
Unfortunately, cost-shifting does exist in health care financing
throughout the nation which means those who can pay must pay for
those who cannot pay in order to have a health care system.
Hopefully, the united states Congress will help to resolve this
disgraceful issue. If every patient provided services in New
Hanover Reqional Medical Center would pay for their charqes. all
charqes could be reduced by 35%.
After further discussion of costs involved, Commissioner
Retchin recommended a pro-forma operating statement of the
Rehabilitation Hospital being furnished to the Commissioners.
Vote on Motion: Chairman Mathews called for a vote on the MOTION to
authorize the hospital to proceed with the revenue bond issue as
proposed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF RELOCATION OF COLLEGE SQUARE BRANCH LIBRARY TO PLAZA
EAST SHOPPING CENTER
Ms. Vivian Beech, Associate Director for Branch Library
Services, stated that the current lease for the College Square
Branch Library expires December 31, 1992. The Library has
negotiated with Lat Purser and Associates to lease a space at Plaza
East Shopping Center for the relocation of the College Square
Branch Library. The lease will begin January 1, 1993, at a one-
year annual cost of $27,000, with the next two years for $31,000.
Since $31,000 was budgeted in FY 1992-93, $4,000 will be saved.
Motion: After discussion of the location of the site, Commissioner
Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the
proposed location and authorize the Library to pursue a formal
lease agreement with Lat Purser & Associates. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
APPROVAL FOR PREPARATION OF A RESOLUTION FOR SALE OF LUCILLE
SHUFFLER BUILDING TO CROSSROADS OF NORTH CAROLINA, INC. AND OPERA
HOUSE THEATER
County Manager O'Neal reported that no bids were received for
the sale of the Lucille Shuffler Building held on June 10, 1992.
Staff recommends re-advertising the sale without a minimum value of
$120,000 or either substantially reducing the value. Other options
to be considered are a long-term lease for the property or shared
use of the facility by several organizations.
Mr. Jack Dunn, representing Crossroads of North Carolina,
stated the purpose of the organization is to break the welfare
cycle for impoverished families by working with their children
beginning at a very young age. This organization has gained
recognition throughout the nation in helping our children.
Locally, the program is concentrated presently in the Jervay
Housing Project and the Sunset Park area to include Nesbitt Court
and Dove Meadows. The Lucille Shuffler Building is located within
one mile of these neighborhoods. The program recruits volunteers
to provide mentors for-one-on-one tutoring to these children.
Mr. Dunn stated Opera House Theater Company is a not-for-
profit professional theater company, which in addition to providing
the finest of professional theater for New Hanover County and
Southeastern North Carolina, provides many charitable services for
all of the citizens of the County. Opera House Theater Company was
recognized by the New Hanover Human Relations Commission as the
Communi ty Organization of the year in acknowledgement of its
contributions.
In summary, we must have a safe place to educate our children
to stop crime and break the welfare cycle. Usage of the Lucille
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MINUTES OF REGULAR MEETING, JULY 6, 1992
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Shuffler Building would allow the programs to be combined and
provide the necessary space for volunteer tutors to train and
educate these children. The organizations will jointly raise and
commit funds from the private and corporate community as well as
foundation grants to provide revenue for the costly repairs of the
building. The organizations will pledge to keep the name "Lucille
Shuffler" as a part of the building in perpetuity. The
Commissioners were requested to allow these organizations to use
the building.
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commissioner Retchin expressed appreciation for the
outstanding services rendered by Crossroads and Opera House, but
voiced concern for selecting among many programs who desire to use
the building and also the amount of funds that will be necessary to
provide for identified rehabilitation costs?
Mr. Dunn stated the two organizations have the fund raising
capability to provide one-half of the identified renovation costs.
commissioner Barfield commented on the need to stop crime and
educate our children and expressed appreciation to the
organizations for combining their efforts to joint-venture this
project. He recommended that the County sell this property to
Crossroads and Opera House for $1.00.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to sell the Lucille Shuffler Building for $1.00 to
Crossroads of North Carolina and the Opera House Theater Company
with renovation costs being the responsibility of the non-profit
organizations. The floor was opened for discussion.
County Manager O'Neal reported that a business in this area
and a religious institution have expressed a great deal of interest
in purchasing the building.
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commissioner Retchin inquired as to why these organizations
did not submit a bid?
County Manager O'Neal stated both organizations thought plans
for use of the building were on hold; however, after reading a
recent article in the newspaper, they expressed a desire to
purchase the building.
commissioner Retchin commented on his first inclination to re-
bid the project without a minimum bid; however, when reviewing the
services rendered by Crossroads and Opera House and benefits
derived by the community, he feels selling the building to these
organizations for $1.00 is the best use of the property.
commissioner Barfield commented on the annual cost for
incarceration of one prisoner and stated any program that can avoid
future jail costs will save the taxpayers money.
Commissioner Sutton recommended including a reversion clause
in the motion.
Amended Motion: commissioner Barfield AMENDED the MOTION, SECONDED
by Commissioner Retchin to sell the Lucille Shuffler Building for
$1.00 to Crossroads of North Carolina and the Opera House Theater
Company with renovations costs being the responsibility of the non-
profi t organizations. The contract is to include a reversion
clause that will state if the building is not used for public
purpose, it will revert back to the County. The floor was opened
for discussion. .
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County Manager O'Neal stated when selling the building, some
entity must be identified in order to transfer the deed.
Vice-Chairman Greer commented on the wonderful services
rendered by these organizations, but expressed concern for'giving
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MINUTES OF REGULAR MEETING,' JULY 6, 1992
PAGE 54
away taxpayers' property and stated he cannot support this motion.
Mr. Dunn commented on test scores for impoverished children
entering kindergarten who have received training versus the test
scores of impoverished children who have not received training and
stated the savings to taxpayers in future delinquency and crime
will far outweigh the cost of the building.
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County Manager O'Neal stated if it is the desire of the Board
to sell the building for $1.00, it would be much better to deed the
property with stipulated restrictions.
commissioner sutton recommended including a stipulation that
the building cannot be mortgaged.
County Attorney Copley stated the General statutes require
adoption of a resolution with no consummation of the sale until 10
days after adoption of the resolution; therefore, a resolution
should be prepared and presented at the July 20, 1992, meeting.
Also, a unanimous vote must be received for adoption of the
resolution in order to convey the sale of the property for $1.00.
Motion Amended: Commissioner Barfield AMENDED THE MOTION, SECONDED
by Commissioner Retchin to authorize the County Attorney to prepare
a resolution for sale of the property to Crossroads and Opera House
for $1.00 including the reversion clause to be presented at the
July 20, 1992, meeting of the Board. The floor was opened for
discussion.
Vice-Chairman Greer commented on a unanimous vote being
required and requested postponement of this item until the next
meeting in order to have time to further study the issue.
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commissioner Retchin stated the motion is for preparation of
a resolution, which will be presented to the Board for approval on
July 20, 1992.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
Commissioner sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
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APPROVAL TO UPHOLD DISCOVERY OF BOAT
Tax Administrator, Roland Register, stated Mr. Robert M. High
has appealed the discovery of a 1986 Wellcraft 28 ft. boat stating
he did not own the boat on January 1, 1991. After contacting Radio
Island Marina, Mr. Jimmy Alford, provided a copy of the original
bill of sale dated November 10, 1990, with conditions whereby Mr.
High traded a boat, made an additional down payment, agreed to pay
the balance and took possession of the boat. Verification has been
made with the Marina that Mr. High changed to a larger boat slip
and had possession of the boat on January 1, 1991; therefore, the
discovery in the name of Mr. Robert High should be upheld for 1991.
Chairman Mathews asked if the appellant would like to comment.
The appellant was not present and no public comments were received.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Retchin to uphold the discovery of a 1986 Wellcraft 28 ft. boat in
the name of Robert M. High for 1991. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
REPEAL OF CHAPTER 9, SECTION 9.1-9.29, MOBILE HOME ORDINANCE, FROM
THE NEW HANOVER coqNTY, CODE
Tax ,AdmiDistrator, Roland Register, requested repeal of
Chapter 9, section 9.1-9.29, Mobile Home Ordinance from the County
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PAGE 55
Code, since state laws and internal County procedures assist the
Tax Department in identifying and maintaining a separate
registration of mobile homes in the County. state laws require
every operator of a park with three (3) or more mobile homes to
report owners and descriptions of mobile homes to the Tax
Department every January. The County Inspections Department
provides the Tax Department with a printout of mobile home tie-on
and electrical/plumbing permits; therefore, the existing ordinance
is no longer needed.
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Motion: After discussion, commissioner Retchin MOVED, SECONDED
Commissioner Barfield to adopt a resolution repealing Chapter 9,
section 9.1-9.29, Mobile Home Ordinance, from the New Hanover
County Code. 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 XX, Page 4.
ADOPTION OF RESOLUTION TO ESTABLISH A WASTE-TO-ENERGY FACILITY
COMMISSION
County Manager O'Neal presented and requested adoption of a
resolution establishing the existing Waste-to-Energy Advisory
Committee to a formal Waste-to-Energy Facility Commission. The
purpose, functions, and organization of the Commission were
outlined and explained.
commissioner Sutton emphasized the importance of the record
reflecting that the present members of the Waste-to-Energy Advisory
Committee will be the members of the new entity, named the Waste-
to-Energy Facility Commission as outlined in the resolution.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to adopt the resolution establishing the existing Waste-to-
Energy Advisory Committee to a formal Waste-to-Energy Facility
Commission as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 4.
.
APPOINTMENT OF VOTING DELEGATE TO THE NORTH CAROLINA ASSOCIATION OF
COUNTY COMMISSIONERS 85TH ANNUAL CONFERENCE
Motion: commissioner Barfield MOVED, SECONDED by Commissioner
Sutton to appoint commissioner Retchin as the voting delegate to
the North Carolina Association of County Commissioners 85th Annual
Conference in Charlotte, North Carolina, on August 13-16, 1992.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Mathews called a break from 8:00 P.M. until 8:15 P.M.
PUBLIC HEARING TO CONSIDER ISSUANCE OF REVENUE BONDS BY NEW HANOVER
COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING
AUTHORITY TO FINANCE A SOLID WASTE DISPOSAL PROJECT AND THE
ISSUANCE OF REFUNDING BONDS .
Chairman Mathews read a statement on the proposed issuance of
revenue bonds explaining the role of the New Hanover County
Industrial Facilities and Pollution Control Financing Authority, as
the designated agency for issuance of the bonds by the state of
North Carolina through the General Statutes.
()
Attorney Wallace Murchison, representing the New Hanover
County' Industrial Facilities and Pollution Control Financing
Authority, stated notice of the Public Hearings was published on
June 21, 1992. Two separate Public Hearings will be required as
follows: (a) a Public Hearing to consider issuance of revenue
bonds in an amount not to exceed $6,000,000 to finance a project of
closing or capping a waste disposal facility at the Castle Hayne
Occidental Chemical Corporation's site; and (2) a Public Hearing to
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 56
consider issuance of $4,600,000 in refunding revenue bonds which
will be used to redeem bonds issued by the New Hanover County
Industrial Facilities and Pollution Control Financing Kuthority in
1981 for the benefit of the company. New bonds will be issued to
refund the old bonds to reduce the interest costs. The Authority
has met and approved both revenue bond issues in principal and
respectfully requests the Board of County Commissioners to adopt a
single resolution approving the $6,000,000 project in principal and
issuance of the revenue bonds and approving the issuance of the
$4,600,000 in refunding bonds.
Attorney Murchison requested a motion to open the Public
Hearing.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to open the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews opened the Public Hearing.
Mr. Wiley West, Environmental Manager of Occidental Chemical
Corporation, commented on the lagoon closing project and stated the
Castle Hayne Plant manufactures chromium chemicals from chrome ore
mined from several locations throughout the world. The chrome ore
is only 31% chromium with the remaining percentage being other
minerals, such as iron, magnesium, aluminum, etc. After the
chromium is extracted from the ore, the remaining solids are
treated in the plant's wastewater treatment facility and are
disposed of as non-hazardous solid waste residue. The lagoon
project has been used for disposal of this residue 'for 21 years.
The proposed project is for a sound environmental closing of the
lagoon. Due to some on-site groundwater contamination from former
years, the plant entered into an agreement with the State of North
Carolina in 1988, called a Special Order by Consent, to address the
groundwater issue. Before and since the Special Order by Consent,
the plant implemented an extensive groundwater remediation program
to keep the contamination from getting off of the site and creating
groundwater problems for other areas. The program has been very
successful in recovering and treating water to keep it on site as
well as greatly reducing the amount of contamination. The proposed
project is a continuation of this long-term program. One of the
primary objectives of the 1988 Special Order by Consent and updated
in 1990 was to develop and implement a remedial plan for this
lagoon. The proposed design will consist of installing a low or
moderate permeability cap across the entire lagoon site to prevent
rainwater infiltration which will greatly reduce the migration of
any contaminants downward into the groundwater into surrounding
areas. These contaminants are basically non-toxic materials, such
as salt, iron, and dissolved solids. The final design and
specifications must be submitted and approved by the N. C.
Department of Environmental Management before beginning
construction of the facility.
In summary, the installation of the proposed system is
intended to be a sound environmental project and is consistent with
the requirements in the Special Order by Consent with the State of
North Carolina.
Chairman Mathews asked if anyone from the general public would
like to comment. The following remarks were received.
Mr. William Funderburg, a resident of 4321 Blue Clay Road,
commented on the closure of the lagoon and listed the following
concerns:
-The Public Notice published June 21, 1992, was not accurate.
-Concern for the closure of the lagoon as referenced under the
Special Order by Consent with the State. The closure of the
lagoon is specifically outlined in N. C. Permit #WQ0001492 to
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 5:]
Occidental Chemical Corporation which states, "the permitting
shall submit a closure plan to the Regional Supervisor of the
Wilmington office three months prior to the planned closure of
the lagoon. The contents of the closure plan shall be
negotiated with the Wilmington Regional Office and approved
prior to implementation."
Mr. Funderburg stated after traveling to Raleigh he has been
unable to find submittal of a closure plan for the lagoon, and
asked Attorney Murchison if a plan has been submitted?
Attorney Murchison stated a plan has not been presented but is
being prepared in cooperation with the State office.
Mr. Funderburg commented on appearing before the Commissioners
on numerous occasions when the Financing Authority has requested
authorization to issue revenue bonds and expressed concern for the
State permit requirements not being followed. He also expressed
concern for the public having no way to know if proper procedures
have been followed if a plan has not been submitted before the
Public Hearing; therefore, he is opposed to authorizing issuance of
the revenue bonds until the public has been provided an opportunity
to review the closure plan for the lagoon. Mr. Funderburg stated,
as a matter of record, the lagoon is listed under the Superfund
Program with an RCRA Classification and Identification Number
NCD057454670.
Attorney Murchison stated Mr. Funderburg's concern is that the
plan for the closure of the lagoon and the permits from the State
agency have not been worked out before approving the project in
principle. He desires to change the practice and procedures for
the manner in which Financing Authorities issue bonds.
The procedure followed for years has been as follows: (1)
obtain approval by the County Commissioners for the proj ect in
principle and authorization to issue bonds; (2) submit the project
to the N. C. Department of Economic & Community Development in
Raleigh, North Carolina; and (3) The Department of Economic &
Community Development will investigate the project which cannot be
approved until clearance has been received from the N. C.
Department of Environmental Management. The entire process is in
a sound, solid, and fair order; therefore, there is no reason,
either in the law or in public policy, as to why this procedure
should be changed or reversed as suggested by Mr. Funderburg.
Attorney Murchison introduced Mr. Carl A. Byrd, Sr., the
Senior Economic Representative of the N. C. Department of Economic
& Community Development, and stated he would like to comment.
Mr. Byrd referenced subchapter 1-E under Industrial and
Pollution Control Revenue Bonds addressing the approval of the
project in principle and stated the law reads as follows, which in
his opinion, addresses the concerns expressed by Mr. Funderburg:
"No application will be officially received until the elected
Board of Commissioners in the county from which the
application is to be made has by resolution approved in
principle the proposed project for the issuance of bonds to
finance or partially finance the project."
Attorney Murchison requested a motion to close the Public
Hearing if there are no other public comments.
Motion: commissioner Retchin MOVED, SECONDED by Chairman Mathews
to close the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews closed the Public Hearing.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 58
Attorney Murchison requested a motion to open the Public
Hearing to consider issuance of the revenue refunding bonds
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to open the Public Hearing to consider the refunding of
revenue bonds in the amount of $4,600,000. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
.
Chairman Mathews opened the Public Hearing.
Attorney Murchison made no further comments on the revenue
refunding bonds.
Chairman Mathews asked if anyone from the general public would
like to comment. 'The following remarks were received:
Mr. William Funderburg, a resident of 4321 Blue Clay Road,
entered into the record a copy of the procedural process used by
the State Industrial Finance section of the N. C. Department of
Commerce, the Local Government Commission, and State Treasurer's
Office. He stated after numerous appearances before State
officials with reference to the procedure used for issuance of
industrial revenue bonds, it was his understanding that the
procedural process would be changed. Concern was expressed for the
fact that permit issues should be addressed actively, not
reactively, and the need to provide an opportunity for the public
to participate in these bond issues before the Public Hearing.
.
Mr. Funderburg presented Exhibit J, a letter dated March 9,
1988, addressed to Mr. William Funderburg from Mr. William Dunn,
Assistant Secretary of the Department of Commerce, along with
Exhibits A-P for entry of 16 exhibits into the record. He strongly
opposed approval of the revenue bonds in principal by the County
Commissioners until the following items have been presented: (1)
Information has been presented by Occidental Chemical Corporation
and the State as to what will be burned in the $6,000,000 boiler
they intend to build; (2) how this boiler, along with the other
three boilers, will impact on air quality; and (3) the negative
impact of the discharge into the Cape Fear River.
Chairman Mathews stated obviously Mr. Funderburg has not been
satisfied with the facts presented by Attorney Murchison, Mr. Wiley
Brown, and Mr. Carl A. Byrd, Sr.
Mr. Funderburg stated he is not satisfied with the proc~dural
process, particularly when industrial revenue bonds are to be
issued to provide new manufacturing jobs. Also, permits under NCGS
159.C are to be submitted prior to issuance of the revenue bonds.
Attorney Murchison stated this is not the final opportunity
for public participation. Mr. Funderburg can address the two state
agencies that must approve the project and the bonds. Also, there
is no construction of a boiler involved in the project, and the
proposed bonds are not industrial revenue bonds, but a pollution
control bond issue. '
.
Mr. Funderburg commented on the prepared resolution which
reads as follows:
"WHEREAS, the Authority has determined to issue its revenue
bonds in the principal amount of not more than $6,000,000 (the
"Project Bonds") to pay all or a portion of the costs of the
acquisition, construction and installation of solid waste
disposal facilities at Occidental Chemical Corporation's
chrome plant located off State Road 1002 in Castle Hayne, New
Hanover County, including, but not limited to the closure of
an approximately 16-acre landfill/lagoon, recovery wells,
pumps and property functionally related and subordinate
thereof (the Project") to be owned and operated by Occidental
Chemical Corporation;"
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MINUT~S OF REGULAR MEETING, JULY 6, 1992
PAGE 59
Mr. Funderburg stated according to permits issued for the
$6,000 i 000 bond issue, reference is made to a boiler and solid
waste facility. He again asked what will be burned in the
facility?
Mr. Wiley West stated there is no boiler involved in the
project.
Attorney Murchison stated there is no way to convince Mr.
Funderburg that no boiler is involved in the project; therefore, he
would request a motion to close the Public Hearing if there are no
other public comments.
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Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Greer to close the Public Hearing. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews closed the Public Hearing.
Attorney Murchison read the proposed resolution.
Motion: Commissioner Retchin introduced and MOVED, SECONDED by
Commissioner Barfield to adopt the resolution approving the
following items: (1) the project in principle; (2) issuance of
project bonds by the Authority in an aggregate principal amount of
not more than $6,000,000 to finance the project; and (3) issuance
of refunding bonds by the Authority in an aggregate principal
amount of not more than $4,600,000 to refund the 1981 bonds. 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 XX, Page 4.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE WEST SIDE OF
BLOSSOM STREET, SOUTH OF HOLLY SHELTER ROAD FROM R-15 RESIDENTIAL
TO B-2 BUSINESS (Z-450, 6/92)
Chairman Mathews opened the Public Hearing.
()
Planning Director, Dexter Hayes, reported that the Planning
Commission voted to approve the B-2 Zoning with the commercial
zoning line extended to within 15 feet of the western right-of-way
of Blossom Street to be consistent with a similar rezoning adjacent
to the property. This would increase the setbacks required for
non-residential structures from existing residential uses on the
east side of Blossom Street. There was no opposition present at
the Planning commission meeting.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed
rezoning. No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to approve the B-2 zoning on the west side of Blossom
Street, South of Holly Shelter Road with extension of the
commercial zoning line within 15 feet of the western right-of-way
as recommended by the Planning commission. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY,
NORTH CAROLINA ADOPTED JULY 1, 1985" is hereby incorporated as a
part of the minutes and is contained in zoning Book II, section
entitled, Castle Hayne, Page 17.
POSTPONEMENT OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE
NORTH SIDE OF OLEANDER, EAST OF WILMINGTON CORPORATE LIMITS FROM B-
2 BUSINESS TO O-I OFFICE AND INSTITUTION (Z-451, 6/92)
Ms. Carol Wooten, the petitioner, requested postponement of
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MINUTES OF REGULAR MEETING, JULY 6, 1992,
PAGE 60
the petition for 30 days due to extenuating circumstances.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Barfield to postpone the Public Hearing for 30 days. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE EAST SIDE OF
MILITARY CUT-OFF ROAD, NORTH OF LANDFALL FROM R-15 TO B-2 BUSINESS
AND O-I OFFICE AND INSTITUTION (Z-452, 6/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated several interested
persons appeared before the Planning Commission to voice their
opposition to the proposed rezoning. Concern was expressed for an
increase in impervious surfaces creating more run-off that would
exacerbate an existing drainage problem downstream, particularly in
nearby Cavalier Woods. Other persons felt that additional
commercial zoning was not needed in this area.
The Planning Commission determined that the proposal as
submitted could not be justified; however, some consideration
should be given to establishing coherent and consistent zoning
boundaries. In this instance, the Planning Commission felt that
the southernmost corner of the tract should be rezoned to 0&1 to
coincide with similar zoning in Landfall, which borders this
portion of the parcel to the south and east. To accomplish this,
the Commission recommended that the southernmost five acres be
rezoned 0&1 and that the zoning be "squared up" to coincide with
that portion of Landfall's.
The Planning Staff has generally supported the establishment
of a Planned Development District for the site with some
modifications, primarily because that approach offered the County
the opportunity to control development through site plan review.
site plan review would have enabled the County to better address
potential environmental impacts, minimize impacts on Military Cut-
Off Road through access controls, and control the residential and
non-residential land use mix. Staff does not support the
applicant's previous attempt to establish general use B-2 Highway
Business for the prOperty. This zoning along the road frontage is
very inconsistent with County policies for growth and development
for commercial locations. The same applies to the current request.
Establishment of non-residential general use zoning classifications
along the corridor would not comply with growth policies. Also,
changes to open-ended non-residential districts leaves the County
helpless in controlling strip commercial development and its impact
on environmental resources. In addition to the Bradley Creek
outfall, parts of the tract currently drain into Howe's Creek.
Although it is classified SA(ORW), shellfishing in the creek is
closed due to high coliform bacteria counts. Special Highway
Overlay District regulations would be activated by a change to non-
reaidential classes, but those additional regulations provide no
control over access to the highway. Aesthetically, S.H.O.D. does
provide some relief but not enough to offset indiscriminate
commercial land uses. It has been the County's desire to retain
Military Cut-Off Road as a residential thoroughfare.
A lengthy discussion was held on the County's control over
drainage. Planning Director Hayes stated under a site plan
approval the County can place conditions and restraints on a
project; however, under an open zoning petition establishing the
best use of the property, the County cannot impose these drainage
conditions.
Commissioner Sutton inquired as to whether an ordinance can be
passed that will allow the County to control the drainage process.
commissioner Retchin stated the County needs to adopt- a
Drainage Plan.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 61
commissioner Barfield expressed concern for the petitioner
appearing before the Commissioners on three occasions with
requesting the applicant to modify the plan. Each time the plan
was modified, the applicant was requested to make another change.
He stated the property in question is going to be developed;
therefore, the County should work with the developer to produce the
best use of the property and at the same time allow him to develop
the property.
Commissioner Sutton commented on the current study being
performed on the pollution of Howe's Creek and stated to approve
any zoning that would negatively impact this creek would be a grave
mistake.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed
rezoning. The following remarks were received:
Mr. Raiford Trask, Jr., the petitioner stated he is satisfied
with the recommendation of the Planning commission and requested
approval of this request.
Dr. William C. Sisson, a candidate for County Commissioner and
former member of the Planning Commission, expressed concern for
changing the law and recommended observing the uses around the
property before approving the request. The Planning commission's
recommendation would intensify the usage in the northern part of
the Planned Development District from 0&1 to commercial. As
pointed out by the Planning Director, Mr. Trask's request is for a
general use classification which gives the County no control over
the development. However, if the northern part of Landfall is
intensified, this will have an impact on Mr. Trask's future use of
this parcel. Also, Mr. Trask has not subdivided his land;
therefore, the Commissioners are being asked to rezone a part of a
total parcel from residential to 0&1. If approved, this will leave
an unsubdivided parcel, a portion 0&1 and a portion residential,
which will encourage Mr. Trask to ask for additional 0&1 use in the
future. Another consideration is the fact that the southern
portion of the tract drains towara-Howe's Creek and Bradley Creek,
which leaves the County no control-over this drainage. Concern was
expressed for approving additional commercial zoning when the
present commercial property is underutilized. The Commissioners
were requested to deny the Planning commission's recommendation,
particularly since this proposal is being offered as a compromise.
Mr. Hardy Parker, an adjacent property owner, commented on
Military Cut-Off Road and stated at each end of the road there is
commercially zoned property; therefore, no additional commercial
zoning is needed. He requested denial of the rezoning request.
Mr. Jack Wiggins, representing the steering Committee of
Middle Sound Lookout, commented on the proposed commercial rezoning
of five acres from, R-15 to 0&1 and stated if the request is
approved, it will further pollute Howe's Creek. He stated the
Commissioners have denied this request in the past recognizing the
need to protect the creek; therefore, this petition should be
denied. .
Dr. Robert Brown, a resident of the Middle Sound area,
expressed concern for rezoning any portion of the property'to 0&1
and stated once approved, the petitioner will request 'more" of the
property to be rezoned. Concern was also expressed for allowing
pre-alignment if requested by a developer. The Commissioners were
requested to deny the request since no additional 0&1 zoning is
needed and to decide on the best use of this property for the
common good of all residents living in New Hanover County.
Dr. Robert Pharr, a resident of Middle Sound Lookout,
commented- on the need to protect clean water and stated the
Commissioners have the power to protect our clean water resources.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 62
The Commissioners were urged to deny the proposed rezoning in order
to protect Bradley Creek and Howe's Creek. He also reminded the
Commissioners running for re-election that questions will be asked
pertaining to protecting clean waters and zoning. The following
questions were presented: (1) What specific actions have you
personally taken to support clean water in New Hanover County? (2)
What specific action have you personally taken to support orderly
growth in New Hanover County?
Chairman Mathews closed the Public Hearing.
commissioner sutton expressed concern for the 0&1
classification allowing 100% pavement and stated he cannot support
the proposal recommended by the Planning Commission.
. ,
Vice-Chairman Greer expressed appreciation for the remarks
pertaining to protecting the environment and stated it is difficult
to make a decision that is satisfactory to all parties involved;
however, some balance must be maintained to allow for orderly
growth.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Barfield to approve the recommendation of the Planning Commission
to rezone the southernmost five acres to 0&1. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Vice-Chairman Greer
Chairman Mathews
Voting Nay: Commissioner Retchin
Commission Sutton
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED DECEMBER, 1995" is hereby incorporated as a part
of the minutes and is contained in Zoning Book I, Section 2, Page
32.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON PORTERS NECK ROAD
FROM R-20 RESIDENTIAL TO CD (O-I OFFICE AND INSTITUTION) AND
ISSUANCE OF SPECIAL USE PERMIT FOR NURSING CARE, GERIATRIC AND
PHYSICIAN SERVICES (Z-454, 6/92)
Chairman Mathews opened the Public Hearing and stated the
special use process req~ires a quasi-judicial hearing; therefore,
persons wishing to comment must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Mr. Fred Little
Dr. John B. Codington
Planning Director, Dexter Hayes, stated the purpose of the
conditional use district process is to address situations where a
given land use is consistent with the Land Use Plan, but none of
the general zoning district classifications would allow an
acceptable use. This property is classified Resource Protection.
The Land Use Plan's policies for growth and development do not
prohibit non-residential development on those lands, provided
important environmental resources are not negatively impacted. In
this instance, no new building construction is needed to
accommodate the geriatric/physician clinic. Some interior
renovations are needed, but no changes ,are planned for the health
care center. The Planning Commission determined that the site plan
should be updated to illustrate that the clinic site had direct
access to the Health Care Center's existing internal road system.
The use will also have access to Champ Davis Road., The Planning
Commission voted unanimously to support the R-20 to CD(O&I) use.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE .63
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed
conditional use zoning.
No public comments were received.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to approve the rezoning request from R-20 Residential to CD
(Office & Institution) zoning. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA," is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, section 8A, PageJ7:
The following Staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
-The site has been used for health care related services since
1967.
-The site is located within the Ogden Volunteer Fire
Department District.
-The site has direct access to Porters Neck Road and Champ
Davis Road.
General Requirement #2: The proposed use meets all required
conditions of the County Zoning Ordinance based upon the following
findings:
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-An appl'ication including a site plan that complies with the
specifications and requirements of section 59.7-3 has been
submitted.
-Adequate acreage is available to accommodate off-street
parking for the geriatric clinic. The existing health care
center already provides adequate off-street parking.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining property based upon the following
findings:
-The health care center and its accessory buildings have been
in place on the site for many years. Most of the nearby
development occurred after the construction of the center.
-No new buildings will be required. An existing residential
structure will be renovated to accommodate the geriatric
clinic.
General Requirement #4: The proposed use will be in harmony with
the area based upon the following findings:
-The only change in activity for the site will be the addition
of geriatric physician services. Other existing health care
services on the site have been in operation since 1967 and the
geriatric facility will be on the campus with the health
center.
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Chairman Mathews asked the petitioner if he agrees with the
findings of fact as presented. Mr. Fred Little stated he concurs
with the findings as presented by the Planning Director.
Chairman Mathews closed the Public Hearing.
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~INUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 64
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Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to grant a Special Use Permit for the Conditional Use
District based upon the evidence presented concluding that the
proposed use has met the four general requirements of the County
Zoning Ordinance. 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 3.
PUBLIC HEARING TO CONSIDER REAPPROVING EXISTING CONDITIONAL USE
DISTRICT CD(B-2 BUSINESS) AND COMPANION SPECIAL USE PERMIT FOR HOME
IMPROVEMENT RETAIL CENTER LOCATED ON THE SOUTH SIDE OF OLEANDER
DRIVE (Z-400, 3/90, 6/92)
Chairman Mathews opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
anyone wishing to comment must be sworn by the Clerk to the Board.
No persons stepped forward to be sworn in.
Planning Director, Dexter Hayes, stated the Planning
Commission felt it would be prudent to reapprove the original
conditional district and companion site plan rather than to rezone
the site to its previous classification, Shopping Center District
which does not apply since the tract is not seven acres.
Chairman Mathews closed the Public Hearing since no persons
were sworn in to present remarks.
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Motion: Commissioner Retchin MOVED, SECONDED by
Barfield to reaffirm the original findings of fact
the original Conditional District and companion
recommended by the Planning Commission. Upon vote,
CARRIED UNANIMOUSLY.
Commissioner
and reapprove
site plan as
the MOTION
A copy of the Special Use Permit issued May 7, 1990, is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 3.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
ESTABLISH RESIDENCE "INCIDENTAL TO PRINCIPLE USE AT BOATHOUSE MARINA
ON BRADLEY CREEK (S-341, 7/92)
Chairman Mathews opened the Public Hearing and stated the
special use permit process requires a quasi-judicial hearing;
therefore, persons wishing to comment must be sworn in by the Clerk
to the Board.
The following person was sworn in:
Mr. Ernest Wilkinson
Planning Director, Dexter Hayes, stated the petitioner would
like to use a portion of the existing office building for a
dwelling in order for it to be occupied solely by a full-time
employee of the marina operation. After review, the Planning
Commission recommends approval of the Special Use Permit.
.
The following Staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
-No new construction is required. The upstairs floor area of
an existing office building would be used to accommodate the
dwelling. The existing office building is used to administer
the daily affairs of a commercial marina on the site.
-Adequate water and sewer services are available.
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-The site is located within the Seagate Volunteer Fire
Department District.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following staff findings:
-The unit will be occupied solely by a full-time employee of
the marina operation.
-The use will be in an existing building.
setbacks are met.
All applicable
()
-Adequate undeveloped acreage is available to provide an area
of open space equal to the total area of the dwelling unit.
-The total floor area for the residence does not exceed 50% of
the total (gross) floor space of the building.
-The unit will be located totally above the ground floor.
-Adequate area is available to provide two off-street parking
spaces.
-A site plan specifying existing conditions and intended uses
has been submitted as required by the County Zoning Ordinance.
General Requirement #3: The use will not injure the value of
adjoining property based upon the following findings:
-The residence will be contained in an existing building which
serves as the administrative office for a larger-scale
commercial marina operation.
-No new construction is necessitated by the proposed use.
()
General Requirement #4: The proposed use will be in harmony with
the area based upon the following findings:
-Residential uses are located to the south along the southern
banks of Bradley Creek.
-The exterior facade of the building where this use will be
located will not be altered.
Chairman Mathews asked the petitioner if he agrees with the
findings of fact as presented by the Planning staff. Mr. Wilkinson
stated he concurs with the findings as presented.
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to issuance of the Special Use Permit.
No public comments were received.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to grant the Special Use Permit as requested based upon the
evidence presented concluding that the use does satisfy the four
general requirements of the County Zoning Ordinance. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
o
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page> 3.
BREAK
Chairman Mathews recessed the meeting from 9:40 P.M. until
9:50 P.M.
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PAGE 66
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH PROVISIONS
REGULATING THE LOCATION AND DURATION OF TEMPORARY SALES AND USES
(A-233, 5/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the proposal is a by-
product of a text amendment filed by Mr. Railey Williams. The
petitioner sought to establish temporary sales for Christmas tree
sales and pumpkin lots on 30 day intervals, not to exceed 90 days
with 15-day breaks between each operational period. The amendment
would also have included the use of portable toilets for on-site
bathroom facilities.
The Planning commission determined that current regulations do
not adequately address temporary sales operations; therefore, it
could not recommend rule changes for the use of portable toilets
that might be contradictory to state and local health laws. In
this instance, state law explicitly prohibits the use of portable
toilets except in limited circumstances. The Planning commission
debated various temporary uses recommended by staff and approved
the following text amendment:
1. Add: 61.4 Temporary Uses and Activities Not Elsewhere
Classified - Other temporary uses and activities as noted in the
table below may be permitted subject to a provision of adequate
sanitation facilities pursuant to Health Department regulations, as
applicable and the requirements of the table.
USE
PERMITTED
DISTRICTS
DURATION
Outdoor bazaars
excluding yard sales
3 days
All districts
Christmas tree sales
Pumpkin sales
45 days
30 days
All commercial,
industrial & of-
fice districts
Special fund raising for
non-profit organizations
3 days
All districts
Evangelistic and religious
assemblies not conducted
at church
14 days
All districts
2. Amend Table of Permitted Uses.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed text
amendment.
No comments were received.
Chairman Mathews closed the Public Hearing.
commissioner Barfield commented on consistency and inquired as
why there is a difference between a temporary sales site and
persons selling from trucks?
Commissioner Retchin stated persons selling from trucks are
considered peddlers and do have to obtain a peddler's license.
commissioner Sutton requested Assistant County Attorney
Burpeau to explain the exemptions for itinerant merchants.
Assistant County Attorney Burpeau stated NCGS 105 defines the
privilege license and tax for itinerant merchants as well as
certain exemptions. For example, exemptions are provided for
someone selling Christmas trees that are grown on their own
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 67
property, or for craftsmen making their own items for sale;
however, the proposed text amendment is a zoning regulation to
supplement the tax laws and the privilege license required by the
state law.
commissioner Sutton stated this text amendment pertains to
zoning only and will avoid itinerant merchants from selling goods
in residential areas. The privilege license requirements and,
sanitation issues are handled by the State and Health Department.
()
Motion: After discussion of changing the word "may" to "shall", in
the proposed ordinance, Commissioner Sutton MOVED, SECONDED by
Commissioner Retchin to approve the proposed text amendment as
recommended by the Planning Commission with a change of the word
"may" to "shall". 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 4.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CLARIFY DEFINITIONS
RELATING TO LOT FRONTAGE FOR CORNER LOTS ON PUBLIC AND/OR PRIVATE
STREETS (A-236, 6/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
Commission felt that clarification was needed to clarify setbacks
for accessory buildings on corner lots in residential districts;
however, other sections of the Ordinance should be amended to
promote consistency. The Commission determined that staff's
proposal would be more effective if references to "public streets"
or "rights-of-way" in sections 23-37 and 23-43 included a similar
reference to private streets. The Planning Commission voted
unanimously to amend the text as follows:
o
23-19 Lot Frontage: The front of a lot shall be construed to
be that portion abutting on a street, including the side
dimension of a corner lot...
23-37 Street: A dedicated and accepted public or private
right-of-way...
23-43
across
street.
Yard, Front: A yard extending between side lot lines
the front of a lot adjoining a public or private
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed text
amendment.
No public comments were received.
Chairman Mathews closed the Public Hearing.
commissioner Retchin inquired as to why this text amendment is
necessary.
Planning Director Hayes stated if lot frontage is not defined,
it presents difficulty in determining the setback on a lot with two
street frontages.
()
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Chairman Mathews to approve the text amendment as
recommended 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
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 68
ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 4.
PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO CLARIFY
OPTIONS THE BOARD OF COUNTY COMMISSIONERS CAN EXERCISE FOR
SUBDIVISION APPEALS (A-237, 7/92)
Chairman Mathews opened the Public Hearing.
.
Director of Planning, Dexter Hayes, stated this text amendment
was initiated by the Planning Commission to clearly establish the
various options the County Commissioners can exercise as a result
of a subdivision appeal from the Technical Review Committee. The
following change is recommended:
Revise 32-3 (2) (C) to read as follows: Decisions of the
Planning Commission Chairperson may be appealed to the Board
of County Commissioners at which time they may affirm, modify,
supplement, or remand the decision to the Planning Commission
Chairperson.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed text
amendment.
No public comments were received.
Chairman Mathews closed the Public Hearing.
Discussion was held on the need to provide guidelines in the
subdivision appeals process, particularly with the recent appeal
concerning the Georgia Place Subdivision.
.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Retchin to approve the Subdivision Text
Amendment as recommended by the Planning commission. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDTNG the Subdi v.. . ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 18, 196? 'I is hereby incorporated as a part of the
minutes-ana-ls con~alnea in Exhibit Book XX, Page 4.
PUBLIC HEARING TO CONSIDER ROAD CLOSING SOUTHEAST OF EASTWIND
ROAD/CROSS CREEK ROAD INTERSECTION, EASTWIND SUBDIVISION (SC-56,
7/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the subject unnamed
road is a 60 foot dedicated, unimproved right-of-way that is a part
of the Eastwind Subdivision. This road stub has a length of
approximately 2335 feet and is located southeast of the Eastwind
Road/Cross Creek Road intersection. Plans to extend or connect
this road to Surrey Downs Court did not materialize. Given the
limited functional use of this right-of-way, the Planning staff
concurs with the applicant's request to close the road, provided
that a 40 foot utility easement is included.
.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed road
closing. The following remarks were received:
Mr. James R. LeCroy, the petitioner, requested closure of the
road in order to pave his driveway for access to his garage. When
the lots were purchased, the road was to be paved by the developer;
however, when the road could not be connected to Surrey Downs, the
developer decided not the pave the road. This has resulted in a
mud road that needs paving. Due to the fact that the driveway
should have been paved with the original purchase of the property,
during which time sewer lines were installed, he requested relief
from the County if the driveway is damaged due to future sewer line
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 69
repairs, since the pipe to the sewer system runs under the
driveway. Emphasis was placed on the fact that if the driveway had
been paved as originally planned, it would have been replaced back
to its original state when the sewer system was installed.
County Engineer, Wyatt Blanchard, stated if the road is paved
when acquiring an easement for the sewer, the road would be
repaved; however, if the road is not paved when acquiring an
easement, the road would not be repaved by the County. He
cautioned setting a precedent if this waiver is granted.
()
Mr. LeCroy stated this is an unusual situation due to the fact
that the right-of-way status was intended for a road with homes
constructed for garage and driveway connections facing a road that
is not now in existence.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Barfield MOVED, to approve the road closing
of the unnamed road in Eastwind Subdivision with retainage of a 40-
foot utility easement as recommended by the Planning Staff with the
owner assuming any responsibility for repaving if the County should
have to perform sewer work in the future. The floor was opened for
discussion.
Commissioner Sutton recommended not including
reimbursement clause, but suggested that the road
according to the County ordinance already in place.
the non-
be closed
After discussion, Mr. LeCroy withdrew the relief request and
asked the Commissioners to approve the road closure.
Substitute Motion: After further discussion, Commissioner Sutton
MOVED, SECONDED by Commissioner Retchin to approve the road closing
of the unnamed road in Eastwind Subdivision with retainage of a 40-
foot utility easement as recommended by the Planning staff. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
o
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX ,. :eag~ - 4. :.'
PUBLIC HEARING TO CONSIDER NAMING A ROAD WEST OF THE GREENVILLE
LOOP ROAD/TOWLES ROAD INTERSECTION TO PACIFIC ROAD SN-67, 7/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the unnamed road is
300 feet west of the Greenville Loop Road/Towles Road intersection.
The road has a 30 foot easement with approximately 4 to 5 homes.
If the name, Pacific Road, is approved, new house numbers will be
assigned and residents will incur the cost of the street sign.
Emphasis was placed on the need to identify the road to provide
emergency services and other general services.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed road
name. The following comments were received:
Mr. Paul F. Wells, the petitioner, commented on the need to
name the road in order to receive emergency services and requested
approval of the petition to name the road Pacific Road.
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Mr. Eugene H. Croom, 6555 Greenville Loop Road, requested
denial of naming the road due an increase of traffic encouraging
persons to use this road, which crosses his property. Concern was
expressed for problems already experienced with stealing of items
and people looking into his back windows.
Chairman Mathews commented on a sign now located on the
northeast side'of Greenville Loop Road and asked Mr. Croom if this
sign has increased traffic to his property?
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MINUTES OF REGULAR MEETING, JULY 6, 1992
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Mr. Croom stated this sign has increased traffic.
commissioner sutton recommended erecting a sign that will
identify the road as a private road.
Mr. Croom stated this can be done; however, this will not keep
people and traffic from using the road.
.
Ms. Anna H. Wells, a resident on the unnamed road for the past
30 years, stated the road has been in place for 50 years and owned
by Ms. Mary Bordeaux. When needing emergency services, prompt
response cannot be received without a road name and sign. The
Commissioners were urged to approve the road name as petitioned.
Mr. Croom stated he purchased the property in 1979 and that
Ms. Bordeaux does not own the road. He expressed concern for Ms.
Wells telling an untruth and stated for the past two years, Ms.
Wells has been harassing Mr. Pendergrass and his family. Also, due
to disagreements over repairing cars in his yard, Ms. Wells has
called the County Enforcement Officer. He stated if the road is to
be named, only the backside of the 30 foot right-of-way should be
named, and he would like to select the name.
Vice-Chairman Greer recommended naming the 30 foot right-of-
way with notification to the 911 Center of the road location and
name. This will avoid placing a sign on Greenville Loop Road and
satisfy all parties involved.
commissioner Sutton inquired as to whether it is stipulated in
Ms. Wells' deed that she has the right to cross Mr. Croom's
property?
.
Ms. Judy Bordeaux, an adjacent property owner behind Mr!
Croom, stated her deed specifically states she has a 30 foot right-
of-way in and out of the property.
commissioner Barfield commented on personality conflicts
involved in this matter and stated the Board should place emphasis
on naming all unnamed roads in New Hanover County in order to
provide emergency services.
Mr. James Pendergrass, 6531 Greenville Loop Road, stated five
years ago, addresses were changed and inquired as to whether
addresses would be changed with the new road name?
Planning Director Hayes stated addresses will have to be
changed according to the road name; however, persons with frontage
on Greenville Loop Road will not have an address change.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Chairman Mathews
to approve naming the unnamed road to Pacific Road with the
residents incurring the cost of the street sign. Upon vote, the
MOTION CARRIED AS FOLLOWS:
.
Voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Chairman Mathews
Voting Nay:
Vige-Chairman Greer
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 4.
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM #10, BID WITHDRAWAL
AND AWARD~ .FOR THE WRIGHTSBORO COMMUNI.TY, DEVELOPMENT. BLOCK, GRANT
(CDBG) PROJECT . , .
Commissioner Retchin commented on the number of times the
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MINUTES OF REGULAR MEETING, JULY .6, 1992
PAGE 71
contractor has withdrawn his bids and inquired as to why bid
withdrawals are occurring? He expressed concern for contractors
taking the most lucrative work and ignoring the smaller jobs.
Planning Director Hayes stated this particular contractor was
successfully awarded two CDBG bids and is presently working to
complete one project. Once becoming involved with the County, he
has experienced problems in following the County guidelines and
regulations; therefore, he would like to withdraw the bid awarded
for 2431 Acorn Branch Road.
()
Discussion was held on whether the County has to accept the
contractor's bid. County Attorney Copley stated the contractor is
not the lowest responsible bidder if there is evidence that this
work is not diligently being carried out, particularly if the work
has ceased in the middle of a project.
Planning Director Hayes stated the next lowest bidder, South
East Construction, does satisfactory work; therefore, he would
recommend award of the bid to this contractor.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to: (1) allow Insight Builders (John Evans) to withdraw
the contract for the CDBG housing project located at 2431 Acorn
Branch Road; (2) to instruct staff not to allow Mr. Evans to bid on
a County Project for a year; and (3) award the bid to the next
lowest bidder, South East Construction in the amount of $8,250.
The Chairman was authorized to execute the contract documents.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews
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 9:50 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 10:15 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Proposed 3-Mile Fishing Zone Off of Coastal Waters
Commissioner Sutton commented on the large sums of money
invested by the private sector to establish artificial fishing
reefs off the coast of New Hanover County and strongly objected to
the proposed 3-mile fishing zone which prohibits fishing from 3
miles off the coast to the continental shelf and encompasses
approximately 15 of the County's fishing reefs. He expressed
concern for the local economy if this proposal is enacted and
recommended preparing a resolution to express the County's
opposition.
()
Assistant County Manager, Dave Weaver, stated after discussion
with a member of the State staff who served on the original
committee to establish the 3-mile fishing zone, it was the intent
of this action to apply to bottom fishing only. Also, at that time
the fishing zone was not to be placed near urban areas. It is felt
that this proposal will not be enacted.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to prepare a -resolution opposing the location of the
proposed 3-mile fishing zone in the area 'where New Hanover County's
artificial reefs are located. The floor was opened for discussion.'
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PAGE 72
County Manager O'Neal stated the first Public Hearing is being
held in New Bern the week of October 23, 1992. He requested the
Board to allow staff to investigate this matter and prepare a
resolution to be presented for approval at the first meeting in
August.
.
Commissioner sutton expressed concern for waiting too late to
present the County's opposition.
Vice-Chairman Greer and Commissioner Barfield requested time
for further study of this issue before taking action.
Consensus: After discussion of the need to further study the
matter and develop the proper channels for directing the County's
efforts, it was the consensus of the Board, with the exception of
Commissioner Sutton, to request the County Manager to prepare a
resolution and recommendation on the proposed 3-mile fishing zone
to be presented to the Commissioners on August 3, 1992.
.
DISCUSSION ON REAPPOINTMENT OF MS. ANNE HARDAWAY TO SERVE ON THE
NURSING HOME ADVISORY COMMITTEE
Commissioner Retchin apologized for making a mistake when
nominating another applicant to serve on the Nursing Home Advisory
Committee instead of reappointing Ms. Anne Hardaway at the June 15,
1992, meeting. He commented on a committee appointment policy
adopted by the Board in November, 1990, stating that nominations
for appointments are to be introduced at the first meeting of the
month with final appointments on the second meeting and suggested
that this policy be followed to avoid situations of this type from
occurring in the future. Concern was also expressed for a general
feeling in the community that the County Commissioners are not
appreciative of volunteers who serve on various boards and the
problem that may be experienced when trying to recruit volunteers.
Motion: Commissioner Retchin stated in order to correct this
mistake and assure the community that volunteer service is very
much appreciated, he would MOVE to reappoint Ms. Anne Hardaway to
serve a 3-year term on the Nursing Home Advisory Board. The MOTION
FAILED DUE TO NOT RECEIVING A SECOND.
.
Vice-Chairman Greer expressed regret for the problems
experienced by not appointing Ms. Hardaway and stated there was no
scheme or intent by him to hurt or damage Ms. Hardaway. However,
all parties involved must be reminded that all applicants are
appointed to serve a specified term, and at the end of that term,
the appointment expires. If a person desires to be reappointed,
they are requested to notify the Clerk to the Board, and in many
cases, if there is a strong desire by an individual to be
reappointed, each County Commissioner is contacted by that person.
In this particular case, he was not contacted by Ms. Hardaway, or
he would have been happy to support her. Concern was expressed for
the feeling created in the community insinuating that Commissioners
did not do their jOb, and particularly for the press release
prepared by the Nursing Home Advisory Committee which expressed
disappointment with the decision and specifically stated, "We are
APPALLED with the manner in which this was accomplished." Vice-
Chairman Greer stated he was upset about these types of remarks
and, again, reiterated that County Commissioners were not against
Ms. Hardaway.
Commissioner Retchin stated there is no question about the
members of the Board not wanting to harm Ms. Hardaway; however,
clarification may be necessary with respect to members of the
various boards and committees approaching each County Commissioner
when desiring reappointment.
Chairman Mathews commented on his letter to the editor of the
Star~News and recommended.scheduling a Work Session with the ,County
Commissioners, members of the Nursing Home Advisory Committee; a
representative from each of the Nursing Homes; and representatives
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MINUTES OF REGULAR MEETING, JULY .6, 1992
PAGE :'/3
from the Cape Fear Council of Government in order to discuss and
resolve any differences that may still exist.
commissioner Barfield expressed concern for asking
representatives from the nursing homes to attend the Work Session
and stated emphasis should be placed on fully understanding the
policies and procedures governing the duties and responsibilities
of the Nursing Home Advisory Committee. He recommended scheduling
a Work Session with representatives from the Cape Fear Council of
Governments and members of the Nursing Home Advisory Committee,
including Ms. Hardaway, to thoroughly discuss issues before
reappointment or appointment of another member to serve on this
committee. He also expressed concern for accusations on the radio
talk shows inferring preconceived notions that he was involved in
some form of action to hurt Ms. Hardaway.
()
commissioner Retchin commented on holding a meeting with Mr.
David Tripp; Ms. Anne Hardaway; and Ms. Carolyn Soders, a
representative of the Council of Government, to discuss the
guidelines for the Nursing Home Advisory Committee. He stated
there is, perhaps, some misunderstanding about the duties and
responsibilities of the parties involved; however, he has full
faith in the nursing home administrators and feels they.are doing
the best job possible. He stated administering proper care to our
elderly citizens residing in nursing homes must be provided.
commissioner Barfield reminded the Board that members desiring
reappointment to other boards have not always been reappointed and
stated this action did not set a precedent; however, he very much
dislikes being accused of performing underhanded acts when they are
not true.
Motion: After further discussion, Chairman Mathews MOVED, SECONDED
by Vice-Chairman Greer to postpone appointing a member to serve on
the Nursing Home Advisory Committee until after a Work Session is
held with the Board of County Commissioners, members of the Nursing
Home Advisory Committee, a representative of each Nursing Home, and
representatives of the Cape Fear Council of Governments for the
purpose of resolving any differences that may exist between the
parties involved. Upon vote, the MOTION CARRIED UNANIMOUSLY.
o
commissioner Sutton recommended recruiting minority
representation on the Nursing Home Advisory Committee and also
increasing the membership of the Committee in order to have an
adequate number of members to make quarterly visits to the five
nursing homes. He also commented on the number of resignations on
the Nursing Home Advisory Committee and stated it appears that some
unrest does exist. He asked the Clerk to Board if an unusual
amount of resignations occur on this committee?
Clerk to the Board, Lucie F. Harrell, stated many resignations
due occur on this committee due to the amount of time needed to
visit the nursing homes as well as becoming discouraged when seeing
the physical conditions of the elderly. She also commented on the
difficulty in recruiting applicants to serve on the Nursing Home
Advisory Committee and Domiciliary Committee.
commissioner Sutton commented on the State Statute requiring
three members of the Nursing Home Advisory Committee to be present
when visiting a nursing home and stated with only seven members, it
is difficult for this committee to comply to this law. He stated
increasing the membership would allow the members to rotate more
frequently and hopefully prevent some of the discouragement and
sadness that is associated with inspecting the homes. He requested
that this item pe discussed at the Work Session;
()
commissioner Barfield commented on the fact that some of our
elderly are mistreated in the nursing homes and stated this is why
the. guide'lines of the Nursing Home Advisory commi tteemust be
reviewed among the parties involved to see if they are being
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 74
.
followed, and if additional regulations are needed to prevent any
type of abuse.
Commissioner Sutton stated the Nursing Home Advisory Committee
is very much needed in order to protect our elderly citizens
residing in nursing homes. Also, according to the minutes of the
Nursing Home Advisory Committee, the Ombudsman from the Cape Fear
Council of Governments is constantly emphasizing the need for
additional training for the members of the committee. He inquired
as to the impetus of this statement and recommended discussion of
this item at the Work Session.
REPORT ON THE BOARD OF FIRE COMMISSIONERS
Commissioner Barfield reported that a meeting will be
scheduled with the volunteer firemen and the members of the Board
of Fire Commissioners to discuss appointments to the Fire
Commission and concern for the composition of the Board. The
County Manager and Emergency Management Director will be present.
Once a date is established, the Commissioners will be invited to
attend.
DISCUSSION OF MANAGEMENT ENTITY FOR THE HEALTH DEPARTMENT
Chairman Mathews inquired as to why the Health Department is
no longer certifying septic sewer treatment systems?
.
Vice-Chairman Greer stated last year the State enacted a law
prohibiting county governments (via the Health Department) from
approving septic systems unless a monitoring and records
maintenance system was implemented. After review, the Board of
Health decided not to become the management entity since it was
felt that this responsibility could be provided by the private
sector. Effective July 1, 1992, the Health Department is no longer
approving the septic systems; however, due to complaints received,
there is some discussion about this matter.
County Manager O'Neal stated discussion is being held on a
request by the Health Department to use the revenue derived from
the permits for hiring a clerk 25 hours a week to maintain records.
After review by the Management Team, he is now inquiring as to why
this clerical position is needed. At this time, he is not
convinced that a clerical position is necessary; however, further
discussion is being held.
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Deputy County Manager, Mary Gornto, stated effective July 1,
1992, the Health Department is no longer issuing new permits for
septic systems classified at a 4,5, or 6 level since the Board of
Health decided not to authorize the Health Department to become the
management entity. The Commissioners may receive complaints from
persons who have already begun the permitting process, but have not
received a permit or installed the septic system; or from persons
planning to use septic systems. The Health Director is meeting
with the Executive Committee of the Board of Health to see if some
leniency can be granted in situations of this type during this
period of time. There are two local companies who are certified
and can perform the required monitoring and records maintenance;
therefore, time is needed to determine the best options available
for handling the monitoring and records maintenance program.
Commissioner Retchin expressed concern for the perception that
the Board of County Commissioners denied funding in the FY 1992-93
Budget which has created this problem.
County Manager O'Neal stated a position was denied; however,
the requirement for this clerical position is being discussed and
hopefully a recommendation will be on the next agenda.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED, by Chairman Mathews to direct the County Manage~ to find
a way to serve these systems, either public or private. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, JULY 6, 1992
PAGE ,,7.5
ADDITIONAL ITEMS - COUNTY MANAGER
Topics to be Discussed at the Nursing Home Advisory Committee Work
Session
County Manager O'Neal requested direction as to the topics to
be discussed at the Nursing Home Advisory Committee Work Session.
Consensus: After discussion, it was the consensus of the Board to
discuss the following items: (1) work out differences among the
parties involved; (2) discuss the responsibilities of the Nursing
Home Advisory Committee; (3) discuss increasing the number of
members serving on the Nursing Home Advisory Committee. The County
Manager was directed to schedule a meeting at a later date and
allow enough time to thoroughly discuss this matter.
ADOPTION OF RESOLUTION FOR LAND RECORDS MANAGEMENT GRANT
Planning Director, Dexter Hayes, stated New Hanover County and
the City of Wilmington through an Interlocal Agreement are jointly
involved in the implementation of a geographic information system
known as MAPS (Management And Planning system). The Commissioners
were requested to adopt a resolution authorizing New Hanover County
to submit the 1992-93 Land Records Management Grant Application for
matching funds to assist in the automation of the County records.
The funds have been budgeted for FY 1992-93.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to adopt the 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 XX, Page 4.
Report on the Juvenile Services Center
Deputy County Manager, Mary Gornto, stated the State will
require 30 days for hiring and training of personnel to operate the
Juvenile Services Center. The County has proposed to operate the
Center for 30 days if the State will pay the salaries of County
employees. Also, the County has agreed to pay the operating costs
(primarily food and utilities) if New Hanover County clients are
not charged the per day rate by the State. The State has agreed to
these terms and if the bill is enacted, the County will be
reimbursed for operational expenses. The County is operating on a
good faith effort, and it hoped that the General Assembly will
approve the request.
AUTHORIZATION TO ADOPT A RESOLUTION AUTHORIZING THE VICE-CHAIRMAN
TO EXECUTE DOCUMENTS FOR THE FINANCING OF THE JAIL EXPANSION
PROJECT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to authorize the Vice-Chairman to execute the necessary
documents for financing of the Jail Expansion project since the
Chairman will not be available on July 13, 1992. Upon vote, the
MOTION CARRIED UNANIMOUSLY. *Ccpy of Resolution contained ln
Exhibit Book XX, Page 4
EXECUTIVE SESSION
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to convene from Regular Session to Executive Session for
discussion of a real estate matter. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews convened to "Executive Session at 11:45 P.M.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 12:15 A.M.
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~INUTES OF REGULAR MEETING, JULY 6, 1992
PAGE 76
ADJOURNMENT
Motion: Commissioner Retchin MOVED, SECONDED -by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 12:16 A.M.
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Respectfully submitted,
~F~~
Clerk to the Board
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