1992-09-08 Regular Meeting
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M'IcNUTES OF REGULAR MEETtNG, SEPTEMBER 8,1992
PAGE 122
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 8, 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 TO THE FLAG
Reverend Harold McSwain, Pastor of st. Mathews Lutheran
Church, gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of
Allegiance to the Flag.
WITHDRAWAL OF EXECUTIVE SESSION AND POSTPONEMENT OF ITEM #15,
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR MARINA
REGULATIONS
Chairman Mathews stated the Executive Session as listed on the
agenda has been removed. Also, the Board of Commissioners, by
consensus, has decided to remove Item #15 until hearing a
presentation of the Land Use Plan Update scheduled to be presented
within the next 30 days. The updated plan will address many
boating facility regulations.
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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.
Discussion of Drug Forfeiture Property in Bull Tail, N. C. - Pender
County
Mr. Dan Stall, representing the New Hanover County Firemen's
Association, commented on land in Bull Tail confiscated during a
drug raid and inquired as to whether the Commissioners have
authorized the Sheriff to sell the property. He requested deeding
the land to the Firemen's Association in order to construct a
training facility for fire and rescue efforts. Carolina Emergency
Services Training Academy is in the process of receiving grant
funds to construct this type of facility on the property in
question, and it is felt that all fire and rescue units in Pender
and New Hanover County will greatly benefit from this training
school.
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County Manager O'Neal stated the Sheriff has been in the
process of disposing the property; however, due to federal
regulations the property cannot be disposed of before October 23,
1992. The Sheriff is scheduled to make a presentation and
recommendation for disposal of the property at the regular meeting
of September 21, 1992.
Commissioner Barfield, the County's representative on the
Board of Fire Commissioners, stated all volunteer firemen are
supportive of this effort in order to ensure proper training of
volunteer firemen and members of rescue squads. A facility of this
type would be beneficial in building a strong relationship with
Pender County volunteer fire departments and rescue squads.
Discussion was held on whether the Firemen's Association has
discussed this request with Sheriff McQueen. Commissioner Barfield
stated the final decision as to whether the property will be sold
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 123
or used for the proposed facility will be made by the Board of
County Commissioners.
Motion: After discussion of concern for possible liability to New
Hanover County as experienced with the burnpit at the Airport,
Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to
request the County Manager to discuss utilization of the property
for construction of a training facility with the Sheriff and proper
Pender County officials and to prepare a recommendation for the
best use of this land, including this request, to be presented on
September 21, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Sutton stated, for the record, the Board is not
opposed to use of the property for the proposed training facility;
however, it is imperative that the County is relieved of any
liability.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Consent Agenda Item
#10 for discussion in Regular Session when items are presented on
the Waste-to-Energy Facility.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to adopt the Consent Agenda with removal of Item #10. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of August 3, 1992, as
presented by the Deputy Clerk to the Board and approved the minutes
of August 17, 1992, as presented by the Clerk to the Board.
Adoption of Resolution Requesting Addition of Raintree Court of
Queens Point Subdivision to the State Highway System
The Commissioners adopted a resolution requesting the addition
of Raintree Court of Queens Point Subdivision to the State Highway
System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
coyle to the Domiciliary Home community
Nominated by the Administrators of
Appointment of Jane L.
Advisory Committee as
Domiciliary Homes
The Commissioners appointed Jane L. Coyle to serve an initial
1-year term on the Domiciliary Home Community Advisory Committee as
nominated by the Administrators of Domiciliary Homes. The term is
to expire September 8, 1993.
Reappointment of John Lewis Moore to the Board of Mechanical
Examiners
Th~ Commissioners reappointed John Lewis Moore to a two-year
term on the Board of Mechanical Examiners. The one-year initial
term has expired and he is eligible by statute to serve a two-year
term. The term will expire August 31, 1994.
Acceptance of 1992-93 Library Services and Construction Act (LSCA)
Enrichment Grant - New Hanover County Library
The Commissioners accepted the 1992-93 Library Services and
Construction Act Enrichment Grant in the amount of $13,311 to be
used to purchase library books p.nd reference material for the
Myrtle Grove Branch Library. No County matching funds are
required.
Budget Amendment #93-0030 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
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93-0030 Finance Department/DSS/Administration
Debit
Credit
Finance Department
Sales of~Fixed Assets
$1,400
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DSS - Administration
Capital Outlay - Equipment
$1,400
Purpose: To budget proceeds from sale of surplus mail equipment.
The sale was approved on August 3, 1992, by the Board of County
Commissioners.
Approval of Contract #93-0114 with the Katie B. Hines senior Center
for Use as a Nutrition site
The Commissioners approved a contract with the Katie B. Hines
Senior Center for use of the Center as a Nutrition site. The
contract is for the period of July I, 1992 through June 30, 199a,
and provides for payment of $55 per month to the Katie B. Hines
Senior Center. The County Manager was authorized to execute the
contract documents.
A copy of the contract is on file in the Legal Department.
Approval for Transfer of Surplus Exhibit and Exhibit Case Furniture
to State Agencies - Cape Fear Museum
The Commissioners approved the transfer of surplus exhibit and
exhibit case furniture to the following state agencies as provided
by State Statute since the equipment utilizes needed space and can
no longer be used by the Museum:
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-Fort Fisher state Historic site: four vertical cases, 4' x
4' x 8'; one cabinet case, 5' x 5' X 6'; one cabinet case 4'
x 4' x 6'; four platforms, 3' x 3' x 8" and two small slanted
case platforms.
-Brunswick Town State Historic site: one acrylic and laminate
case, 14" x 6'.
-Underwater Archaeology unit: one flag case, 8" x 4' x 8'.
Approval of Tipping Fee waiver for Trash Collected from "Big Sweep
'92
The Commissioner approved waiving tipping fees for trash
collected on September 19, 1992, by volunteers for "Big Sweep '92".
RECOGNITION OF MIKE WATERS, NEW HANOVER COUNTY PARKS DIRECTOR
Chairman Mathews, on behalf of the Board, presented and read
a resolution to Mike Waters in recognition of his 12 years of
employment with New Hanover County. He wished him well with his
new employment and expressed appreciation for his dedicated service
to the citizens of New Hanover County as Director of Parks. Also,
a picture was presented by staff in appreciation of Mr. Waters
years of service.
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Chairman Mathews stated Mr. Waters performed an outstanding
job as Parks Director and will be missed by all.
UPDATE OF NEW HANOVER TRANSPORTATION SERVICES
Director of Aging, Annette Crumpton, presented a status report
on New Hanover Transportation Services consisting of the Department
of Aging, the Health Department, the Department of Social Services,
and the Girls Club. The Southeastern Center is no longer a part of
the Transportation System which has reduced transportation mileage
by 5,000 miles per month. At the time of withdrawal, two vehicles
were to be recouped,by the Southeastern Center; however, the. system
was allowed to use these vehicles until two State allocated
vehicles are received, which should be within the next 45-60 days.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
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Once these vehicles are received, the two vehicles will be returned
to the Southeastern Center.
Although the Southeastern Center has withdrawn from the
system, the following accomplishments and goals have been achieved:
ACCOMPLISHMENTS FOR FY 1991-92
-Total funding available for Elderly and Disabled
Transportation Services at the beginning of the fiscal year
was $62,908, which included $29,696 of current year
transportation assistance funding and $33,212 in carryover
funds from previous years.
-Received a grant of $4,281 for a Medicaid Transportation
Assistance Program which provides services to Medicaid-
eligible, pregnant women and children.
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-Developed a daily nutrition route into the Ogden community.
-Developed scheduled shopping trips on Saturdays for disabled
clients.
-Expended transportation services to the disabled population
due to receiving funds from the N. C. Department of
Transportation.
-Developed cost effective trips which serve more clients with
no increase in overall costs. The system provided 53,944
trips to clients at an average of $3.31 per trip. Compared to
other systems throughout the state this is one of the lowest
rates in the state.
-Some Medicaid Transportation Assistance Program clients were
transported by the Wilmington Transit Authority and Coastal
Yellow Cabs to nutrition sites, places of employment, schools,
shopping trips, social/recreation, and multi-purpose trips.
GOALS FOR FY 1992-93
-continue efforts to provide cost effective and efficient
services to area residents. Funding for elderly and disabled
transportation services has decreased $30,328 with funding for
Medicaid Transportation Services at $4,967. The N. C.
Department of Transportation no longer allows carryover of
funds.
-Conduct an update of the New Hanover County Transportation
Development Plan. The Council of Governments will perform
Phase I of the Development Plan.
-Study the feasibility of a regional transportation system to
include Pender, Brunswick and Columbus counties.
-Coordinate transportation routes with public or other
established transportation systems.
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A status report was presented on recent budget cuts
implemented in the Department of Aging. After review of
transportation expenditures at the end of June and July, the
Department of Aging was running approximately $2,100 over the
amount budgeted per month; therefore, in order to bring the
department in line with the adopted FY 1992-93 Budget the following
cuts have been implemented: (1) cut nutrition transportation
provided to the Senior Center on Wednesdays with continuation of
this service on Monday, Tuesday, Thursday, and Friday; and (2) cut
back on shopping and medical transportation. In 'reviewing
expenditures after implementation of the cuts, it appears that the
Department of Transportation will be back within budget constraints
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PAGE 126
and able to operate on the appropriated funds for FY 1992-93. It
is also important to note that 50 new clients are on a waiting list
for transportation services and if funds should become available,
staff would gradually provide services to these clients. The
budget decisions were very diff icul t to make; however, budget
constraints can be met with the implemented cuts.
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Chairman Mathews asked if anyone from the general public would
like to comment.
Mr. Wallace Hendry, a volunteer with the Meals on Wheels
Program, commented on the decision to stop driving elderly citizens
to lunch on Wednesdays and expressed concern for this
determination. He requested the Commissioners to reconsider this
budget cut and balance the budget in another manner. Emphasis was
placed on the need to provide nutrition transportation five days a
week.
Chairman Mathews read a letter from Ms. Louise Siler to the
Editor of the Wilmington Star-News commenting on the reasons for
the transportation cuts and emphasized the importance of knowing
the facts and reasons for the budget cuts before criticizing the
decisions made by the Department of Aging Staff.
commissioner Retchin questioned why State transportation
funding was cut in half and suggested that the Board requests the
local legislators to restore this funding in order to continue to
provide nutrition transportation as in the past.
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Director Crumpton stated the funding was not cut in half;
however, the $62,000 was a total of money available because the
Department of Aging was able to rollover funds from the two
previous years. Annually the New Hanover County Transportation
System receives DOT state funds in the amount of $30,000. The
first year $27,000 was received with $29,000 received last year.
The $62,000 of state funds allocated were expended except for
$1,300 during FY 1991-92, and the department was able to rollover
.$1,300; therefore, the $30,328 plus the $1,300 will be the total
funds provided for the elderly and disabled. The Department of
Aging receives one-half of the $62,000 with the remaining portion
allocated to the disabled population.
commissioner Barfield inquired as to the amount of funds
necessary to continue to provide the same nutrition transportation
service for the current year? Director Crumpton stated an
additional $15,000 will be needed.
Commissioner Barfield emphasized the importance of providing
transportation to the seniors and recommended finding the necessary
County funds to continue the nutrition transportation service.
County Manager O'Neal recommended allowing staff to work with
the Director of Aging in analyzing the funds and bring back a
recommendation to the Board in October.
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Commissioner Sutton commented on the Volunteer Program and
emphasized the importance of utilizing the services of volunteers
before seeking additional funds.
Mr. Hendry commented on the liability incurred by volunteers
if they provide transportation to seniors and stated most citizens
are not willing to assume this risk.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Barfield to continue the nutrition
transportation on Wednesdays for 60 days and request the County
Manager to prepare a recommendation for funding this program for
the remaining portion of the year to be presented to the
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
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commissioners in October.
UNANIMOUSLY.
Upon vote, the MOTION CARRIED
Motion: After discussion of the need for a bus stop in front of the
Senior Center, Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to request the Chairman to write a letter to the appropriate
City officials urging placement of a bus stop in front of the
Senior Center. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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AMENDMENT TO NEW HANOVER COUNTY NOISE ORDINANCE
Assistant County Attorney Kemp Burpeau recommended amending
the existing Noise Ordinance as follows: (1) application of the
reasonable person test to all zoning districts; (2) remove time of
day limitations; (3) add language to cover vibration problems; and
(4) require violations to be misdemeanors.
Chairman Mathews asked if anyone from the general public would
like to comment on the proposed amendment to the existing Noise
Ordinance. The following remarks were received:
Captain Joel Smith, of the Sheriff's Department, commented on
the present Noise Ordinance and stated the proposed revisions will
enable law enforcement officials to better control noise problems.
He requested the Commissioners to adopt the amendment as proposed.
commissioner Sutton asked if the ordinance restricts the sale
of musical equipment?
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Assistant County Attorney Burpeau stated the ordinance does
not restrict the sale of musical equipment.
Motion: After further discussion, commissioner Retchin MOVED,
SECONDED by Commissioner Sutton to adopt the amendment to the
County Noise Ordinance as proposed. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
The ordinance will be codified into the New Hanover County
Code.
ADOPTION OF DANGEROUS DOG ORDINANCE
Assistant County Attorney Kemp Burpeau presented the proposed
Dangerous Dog Ordinance to streamline time-consuming appeals before
Superior Court by using a review of the record instead of a new
hearing with presentation of evidence and witnesses. He also
presented and recommended approval of the following procedural
rules for the Animal Control Board administrative appeal hearings
to help satisfy due process concerns:
-Conduct of Hearings: A quorum consisting of a majority of
the Board shall be necessary to hold a hearing.
-Notice of Hearing: A Notice of Hearing will be timely mailed
to the appealing party showing, among other things, the time,
date, and location of the hearing and the issue(s) pefore the
Board.
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-Attendance at the Hearing: The claimant and any necessary
witnesses are to attend the hearing. The Board's decision
will be based on evidence presented at the hearing. The
appeal will be dismissed if the person who filed the appeal
fails to timely attend the hearing and present evidence in
support of the appeal.
-A Party has These Rights at the Hearing:' (1) to testify'in
behalf of his/her own position; (2) to have his/her own
material witnesses testify; (3) to pose questions to opposing
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parties and witnesses; (4) to explain or rebut evidence; (5)
to be represented by a lawyer; and (6) to present arguments,
the discussion of which may be limited in the reasonable
discretion of the Board.
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-Evidence: The decision of the Board shall be based on
competent and relevant evidence. Hearsay evidence not
otherwise corroborated by permissible evidence will not be
admitted. Affidavits and other statements not affording cross
examination are not admissible. All witnesses shall testify
under oath, but attorneys at law may present arguments and
motions unsworn. The Board may place reasonable time limits
on direct and cross examination. While the North Carolina
Rules of civil Procedure may be employed at the Board's
election, the Board shall not be strictly limited to
consideration of such evidence as would be admissible in a
court of law.
-written Decision: Whenever the Board makes a "potentially
dangerous dog" or "dangerous dog" determination, a written
decision shall be provided the owner setting forth the
findings of fact upon which the decision is based.
Discussion was held on the determination by the Animal Control
Director for declaring a dog "dangerous". Further discussion was
held on the difference between a provoked and unprovoked bite and
the composure of the appellant board.
County Attorney Copley stated the appellant board consists of
a veterinarian, a member of the Animal Control Advisory Board, and
the Director of the Humane Society.
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Motion: After further discussion of the appellant board and
changing verbiage pertaining to severe injuries under Item #5 in
the proposed ordinance, Commissioner Barfield MOVED, SECONDED by
Commissioner Retchin to adopt the Dangerous Dog Ordinance as
presented with no changes. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Discussion was held on the perception of the appellant board
by the community, particularly when all members of the board are
involved in animal control. Vice-Chairman Greer requested the
Animal Control Director to consider appointing a more diverse group
of persons to serve on the appellant board.
Animal Control Director, Ron Currie, stated he would be glad
to present this recommendation to the Animal Control Advisory
Board.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
The ordinance will be codified into the New Hanover County
Code.
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ADOPTION OF AMENDMENT TO ARTICLE IX, MONTHLY 911 CHARGE, BY ADDING
SECTION 6-170 TO THE 911 ORDINANCE
County Attorney Copley commented on the need to clarify the
New Hanover County 911 Ordinance and recommended approval of an
amendment that will designate New Hanover County as the sole
provider of all 911 service anywhere within New Hanover County,
including municipalities and other political entities.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adopt the amendment to the 911 County Ordinance as
presented. . Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
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The ordinance will be codified into the New Hanover County
Code.
ADOPTION OF AMENDMENT TO CHAPTER 6, ARTICLE II, "AMBULANCE SERVICE"
OF THE NEW HANOVER COUNTY CODE
Director of Emergency Medical Services, Larry Ray, presented
and requested adoption of an amendment to Chapter 6, Article II,
"Ambulance Service" of the New Hanover Code in order to bring the
ordinance to a level consistent with current liability insurance
requirements.
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Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to approve the proposed amendment as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
The ordinance will be codified into the New Hanover County
Code.
APPROVAL OF CONTRACT #92-0373 WITH THE INTERTECH GROUP - WASTE-TO-
ENERGY FACILITY
Director of Environmental Management, Ray Church, reported
that the Waste-to-Energy Facility Commission voted to recommend
extending the Intertech Group (Peter Pattinson, President) contract
not to exceed $15,000 for the provision of future services. The WTE
Commission and staff are pleased with Mr. Pattinson's technical
expertise services rendered to staff as well as his representation
of the County's position with Stanton Peters & Associates. Staff
feels this contract is critical for continuing to identify problems
at the Waste-to-Energy Facility.
commissioner Barfield inquired as to whether the cost of
hiring Mr. Pattinson to uncover mistakes and errors will be charged
back to Stanton Peters & Associates? Concern was expressed for the
cost incurred by the County due to errors by the consulting
engineer, and Commissioner Barfield recommended some form of
reimbursement to the County.
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commissioner Sutton commented on the many talents of Mr.
Pattinson in finding these errors and addressing the maintenance
problems and recommended asking Mr. Pattinson to see if the County
can be reimbursed for consulting errors. He urged the Board to
approve the extension of the contract with Intertech.
Discussion was held on the Waste-to-Energy Facility operating
at full capacity. Director Church stated in order for the WTE
Facility to operate at full capacity current maintenance problems
must be resolved. This process will take time, and the expertise
of Mr. Pattinson is needed to achieve this goal.
Commissioner Retchin inquired as to whether a maintenance plan
has been developed? Director Church stated there is preventative
maintenance data in place; however, in order to proceed with the
plan, persons must be trained and additional personnel must be
hired. He, again, emphasized the problems experienced due to the
work performed by Stanton Peters & Associates and stated a great
deal of grief has been experienced by the employees and staff at
the Waste-to-Energy Facility.
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commissioner Barfield expressed concern for the lack of
maintenance training provided by the consultant to employees and
reminded the Board of his concerns at that time. He recommended
suing the consulting firm.
Motion: After further discussion, Vice-Chairman Greer MOVED',
SECONDED by Chairman Mathews to approve extending the contract with
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 130
Intertech in an amount not to exceed $15,000.
MOTION CARRIED UNANIMOUSLY.
Upon vote, the
A copy of the contract is on file in the Legal Department.
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APPROVAL OF TWO ADDITIONAL MAINTENANCE MECHANIC POSITIONS AT THE
WASTE-TO-ENERGY FACILITY
Director of Environmental Management, Ray Church, reported
that the Waste-to-Energy Facility Commission voted to hire two
permanent Maintenance Mechanics to help reduce current overtime
costs and bring the facility up to proper working order. The costs
for two positions should be offset by the reduction in overtime pay
without an increase in the budget. The Maintenance Mechanic
position has a pay grade of 55 with a salary range of $21,780 to
$30,492. After review, the County Manager and staff recommend
adding the two new positions.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to approve the two additional maintenance mechanic
positions. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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DISCUSSION OF CONSENT AGENDA ITEM #10, CONTRACT WITH IMAGINATIONS
FOR CONTINUANCE OF ENVIROSMART ADVERTISING
Vice-Chairman Greer expressed concern for the cost involved
with this advertising program and stated he is not in favor of
continuing the contract, particularly when most of the funds are
used for print production and graphic costs.
Director Church stated the City and County pay 'for production
of advertisements that are on the air, but do not pay for the air
time, which is the most expensive portion of the program. The
advertisements placed in the Sunday Star-News are quite costly;
therefore, the Commissioners may wish to request the Star-News to
reduce the rate on recycling and environmental ads.
commissioner Retchin agreed with Vice-Chairman Greer and
stated he feels a tremendous amount of money is being spent for
this program, particularly when most citizens are very much aware
of the need to recycle and are willing do so. He requested a
report reflecting the breakdown of the total cost of the entire
program for the past two years and stated he could approve
continuing the contract until this information is presented.
County Manager O'Neal commented on commitments from industry,
the private sector, and local governments, and stated this is an
appropriate way to create an awareness of recycling and new
environmental issues. Also, with development of the Solid Waste
Plan as required by the State, the County must advertise recycling
and other solid waste acti vi ties; therefore, this vehicle is
already in place and it would be beneficial to continue the
contract.
Consensus: After further discussion, it was the consensus of the
Board to direct staff to present figures on the total cost of the
EnviroSMART advertising campaign to be presented at the first or
second meeting in October.
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BREAK
Chairman Mathews recessed the meeting to hold a break from
8:15 P.M. until 8:30 P.M.
DISCUSSION ON POSTPONEMENT OF REGULAR AGENDA ITEM #15, A PUBLIC
HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR MARINA REGULATIONS
(A-239, 7/92)
Chairman Mathews commented on the postponement of Item #15 and
asked if anyone from the general public would like to comment since
some persons were not present at the beginning of the meetiDg when
this item was postponed. The following remarks were received:
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Mr. Conrad Lowman expressed concern for not being aware that
Item #15 had been postponed and requested placing a moratorium on
all CAMA permits that would fall under section 23-62, Community
Boating Facility, in the New Hanover County Zoning Ordinance.
commissioner Retchin commented on a moratorium being a drastic
measure and asked Mr. Lowman the reason for requesting this type of
action?
Mr. Lowman commented on attending Planning Commission meetings
and urging adoption of the proposed Text Amendment, which was
approved by a 3-2 vote, and stated the marina regulations should be
adopted to avoid placement of boating facilities in residential
neighborhoods.
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commissioner Sutton recommended hearing comments from the
persons present, but stated it would be unfair to act upon the
proposed Text Amendment until the Land Use Plan Update has been
presented, which will also address this issue. Emphasis was placed
on the fact that both the City and County Planning Boards have
worked on the Land Use Plan Update for the past year; therefore,
this presentation should be heard first.
Dr. Robert Brown, a resident of Middle Sound, inquired as to
why this item was placed on the agenda if the Land Use Plan Update
should have been heard first? He also questioned why there is
concern for this item when the proposed Text Amendment was approved
by the Planning Commission, who was very much aware of the Land Use
Plan Update and any impact on that plan?
Ms. Judy smith, a resident of Middle Sound, expressed concern
for the Board waiting until tonight to postpone this item and
stated the persons present should be allowed to speak.
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Mr. Robert F. Ochs, requested the Planning Director to explain
the connection between the proposed Text Amendment and the Land Use
Plan Update, which in his opinion, are not the same documents.
Consensus: After further discussion, it was the consensus of the
Board to allow persons present to comment on Item #15 as scheduled
on the agenda and proceed with Item #14.
PUBLIC HEARING TO CONSIDER REZONING 1.7 ACRES ON THE NORTH SIDE OF
OLEANDER DRIVE TO OI, OFFICE AND INSTITUTION FROM B-2 BUSINESS
(TABLED - Z-451, 6/92)
Chairman Mathews opened the Public Hearing.
Planning Director Hayes stated the Planning Commission voted
unanimously to approve the rezoning since this action will reduce
the inventory of open-ended retail zoning along Oleander Drive.
The site is currently occupied by Britthaven Nursing Home and the
entire complex is located on the 0-1 portion of the property.
Based on the site's current usage, the Planning Commission and
Planning Staff recommend approval of the rezoning request.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed rezoning
request.
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No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to approve rezoning 1.7 acres on the North Side of Oleander
Drive to 01, Office and Institution, from B-2 Business as
recommended by the Planning Commission. Upon vote, the 'MOTION
CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 132
A copy of an "ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED 1972" is hereby incorporated as a part of the
minutes and is contained in Zoning Book II, section 9B, PageJ2.
DISCUSSION OF AGENDA ITEM #15, A PUBLIC HEARING TO CONSIDER
REQUIRING A SPECIAL USE PERMIT FOR COMMUNITY BOATING FACILITIES AND
TO ESTABLISH A SEPARATE BOATING CATEGORY, "PRIVATE RESIDENTIAL
BOATING FACILITY" (A-239, 7/92)
Chairman Mathews asked if anyone present would like to comment
on the proposed Text Amendment. The following remarks were
received:
Mr. Conrad Lowman, President of the Northeast New Hanover
Conservancy, requested approval of the proposed Zoning Text
Amendment requiring a Special Use Permit for boat ramps and docking
facilities for five or more lots. The Planning commission approved
the Text Amendment by a 3-2 vote in August with the two no votes
requesting more stringent restrictions. All waterfront
neighborhoods and communities throughout the County face continued
pressure from developers who desire to gain water access for inland
development. Concern was expressed for encroachment on existing
residential waterfront communities due to landlocked developments
needing water access for profits. There are many public and
private marinas, boat ramps, and docks for people to use. If more
water access facilities are needed, it should be the responsibility
of New Hanover County to provide boating facilities in the most
appropriate locations with the least environmental impact on the
County's estuarine waters. For the past six months, members of the
Northeast New Hanover Conservancy have observed the manner in which
CAMA permits are issued. State regulations are written in a manner
which allows for a broad interruption and provides no room for
common sense. CAMA officials in Raleigh have stated it is not
feasible to have a boat ramp whereby boaters would back off of a
state road for 300 feet on a driveway constructed of two 3-foot
concrete strips; however, a CAMA permit has been granted for
placement of boat ramp under these conditions. Also, a local CAMA
agent wanted to approve a boat ramp for 1,200 homes as a general
permit which does not require a review process. Based upon these
examples, the Northeast New Hanover Conservancy feels that CAMA
does not have the ability to judge the impact of boating facilities
on residential neighborhoods. In conclusion, the Commissioners are
requested to support the special use permit process for the
following reasons: (1) the proposed Text Amendment would comply to
the existing zoning ordinance and the proposed Land Use Plan; and
(2) New Hanover County will have the ability to better control
pollution and the environmental impacts to the County's coastal
waters. As elected officials, the Commissioners have an
opportunity to begin closing the door on problems that will be
facing New Hanover County before the State allows every creek and
waterway to be destroyed by having an open door policy to coastal
development. Also, a survey conducted by the Planning Department
indicates that the citizens of New Hanover County hold water
quality and the protection of the County's natural resources as
their main concern.
Commissioner Sutton commented on 16 different persons
presenting the same remarks before the joint City and County
Planning Boards when holding public meetings for preparation of the
Land Use Plan Update and emphasized the importance of hearing the
presentation of the Land Use Plan Update before taking action on
the proposed Text Amendment.
Dr. Brown expressed concern for the amount of time that will
be required for adoption of the Land Use Plan Update and
recommended adopting the proposed Zoning -Text Amendment as an
interim regulation until the Land Use Plan Update is considered.
Ms. Wanda Canada, a resident of Porters Neck, recommended
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MINUTE,S OF REGULAR MEETING, SEPTEMBER 8, 1~}'9,2
PAGE ;1-3,3
considering a moratorium on the proposed dock and boat ramp in the
Porters Neck neighborhood until the Land Use Plan Update is
adopted.
commissioner Retchin stated any action taken tonight would not
impact on the CAMA or County building permits that have already
been issued for placement of a boat ramp in Porters Neck.
Planning Director Hayes stated the CAMA permit and County
Building permit have been issued; however, the CAMA permit is under
appeal which will defer action on the project until this issue is
resolved.
o
Ms. Canada requested some form of assistance from the County
in delaying the placement of a boating ramp in Porters Neck which
will allow 1,200 households to use the road and generate heavy
traffic through a residential neighborhood.
County Attorney Copley stated since the County building permit
has been issued there is an argument that the person who received
the permit has vested rights.
Mr. Lowman stated the issue is not Porters Neck, but
protection for other waterfront residential communities who could
incur the same problem.
Vice-Chairman Greer expressed concern for the legal
ramifications of hearing or adopting the proposed Text Amendment
when the Chairman'announced this item had been postponed at the
beginning of the meeting. He recommended abiding by the consensus
vote and postponing the hearing until presentation of the Land Use
Plan Update.
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Chairman Mathews expressed appreciation to the general public
for comments presented and stated this item will be heard after
presentation of the Land Use Plan Update.
No action was taken.
PUBLIC HEARING TO CONSIDER,REZONING 12.12 ACRES AT THE NORTHWEST
CORNER OF MILITARY CUT-OFF ROAD AND EASTWOOD ROAD TO R-10
RESIDENTIAL FROM PD PLANNED DEVELOPMENT DISTRICT (Z-456, 8/92)
Chairman Mathews opened the Public Hearing.
At the Planning commission meeting, the applicant, Dallas
Harris expressed concern for setback restrictions of the PO
District severely restricting the location of residential units
along the frontage of Eastwood Road. The proposed rezoning of the
site to R-10 would ease these restrictions without increasing,the
si te' s density. The Planning commission voted unanimously to
recommend approval of the R-10 District since the proposed zoning
would have little impact on the site's existing land uses because
the applicant will have to submit a new preliminary plan for the
entire tract under high density criteria to certify the entire unit
count for the site. The proposed rezoning will not impact existing
open space needs, residential and non-residential use'ratios, and
density levels of the remaining Landfall PO District.
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Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of or in opposition to
the proposed rezoning.
No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Retchin MOVED, SECONDED by Commis's'ioner
Barfield to approve rezoning 12.12 acres at the northwest corner of
Military Cut-Off Road and Eastwood Road to R-10 Residential from a
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~~NUTES OF REGULAR MEETING, SEPTEMBER 8, 1992 PAGE 134
Planned Development District as recommended by the Planning
Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED DECEMBER 15, 1969" is hereby incorporated as a
part of the minutes and is contained in Zoning Book I, section 2,
Page 33.
PUBLIC HEARING TO CONSIDER REZONING .75 OF AN ACRE ON THE SOUTH
SIDE OF WRIGHTSVILLE AVENUE 400 FEET WEST OF OLEANDER DRIVE TO
CD(R-10), CONDITIONAL USE FOR TWO DUPLEXES FROM R-15 RESIDENTIAL
(Z-457, 8/92)
Chairman Mathews opened the Public Hearing and stated a
conditional use requires granting a special use permit; therefore,
persons wishing to comment must step forward to be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Donald Eugene Lefler
Dale Cardwell
Jerry Cooper
Mike Carter
Planning Director Hayes stated the site plan consists of two
duplexes composed of four units. The Planning Commission's
discussion focused mainly on access requirement~, an4 felt with
surrounding density and the diverse housing in the area, the
rezoning would comply to land use policies for R-10 zoning.
Discussion was held on buffering with the conclusion that the
buffering as submitted in the site plan was satisfactory. The
Planning Commission voted unanimously to approve the rezoning
request for the Conditional Use and the associated Special Use
Permit.
The Planning Staff recommends approval with the caveat that
rezoning in this instance is more an exception than the rule.
Ordinarily, a similar site locating among predominantly single-
family detached structures would not be rezoned; however, in this
case the rezoning would not seriously erode established land use
patterns in the general ,area. Emphasis was placed on random
rezoning of small properties which could seriously undermine
established zoning patterns.
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 will be served by County sewer and community water.
-The site is located within the Seagate Volunteer Fire
Department District.
-The site has direct access to Wrightsville Avenue.
General Requirement #2: The proposed use meets all requirements
and conditions of the Zoning Ordinance based upon the following
findings:
-Duplexes are permitted in the R-10 Residential District.
-An application with accompanying site plan has been submitted
pursuant to Section 59.7-3(2) of the Zoning Ordinance.
-Setbacks prescribed for the R-10, Residential District are
met.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE .135
General Requirement #3: The proposed use will not injure the value
of adjoining property based upon the following findings:
-The site is located adjacent to an existing higher density
development and is in close proximity to other attached
dwelling unit projects.
-The site has direct frontage along Wrightsville Avenue, a
heavily traveled collector road providing access between the
City and Wrightsville Beach.
iC)
General Requirement #4: The location and character of the proposed
use, if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to located and in
general conformity with the plan of development based upon the
following findings:
-There is a diverse mixture of housing styles in the general
area ranging from upper income single family units in new
subdivisions to more moderately priced attached dwelling
units.
Chairman Mathews asked the petitioner if he agreed with the
findings as presented by the Planning Director.
Mr. Don Eugene Lefler, representing the petitioner, concurred
with the findings as presented. He commented on the general area
around the property being in a state of transition and stated the
proposed project would be consistent with the surrounding density
levels.
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to the proposed rezoning. The
following comments were received:
o
Mr. Jerry Cooper, President of the Parsley Woods Homeowners
Association, expressed concern for establishment of multi-dwellings
on the proposed property. Concern was also expressed for no buffer
requirements, possible drainage problems that will be incurred with
construction of the duplexes, and the possibility of renting the
dwellings to college students. Emphasis was placed on the fact
that zoning regulations should protect residential neighborhoods
and in this case, rezoning the property to R-10 will not protect
the surrounding neighborhoods and property owners. The
Commissioners were requested to deny the proposed rezoning request.
Discussion was held on buffering requirements. Planning
Director Hayes stated the proposed use does not require buffering;
however, the Commissioners can place a buffering condition on the
use if so desired.
Mr. Mike Carter, a landscape architect, commented on the
conditional use and requested that strict buffering and landscaping
requirements be placed on the proposed project if approved. He
also expressed concern for development of another Hannover Place,
which, in his opinion, would devalue adjoining properties.
Mr. Bill Cardwell, a resident of 1315 Bar Harbor Drive,
commented on the lot being zoned R-15, and stated transitional use
should have been developed before establishment of Hannover Place.
He requested some form of buffering if the R-10 zoning is approved.
Mr. Donald Lefler expressed concern for the proposed project
being called a high density development when R-10 zoning does not
allow for high density multi-family development.
o
After further discussion, the Planning staff was requested to
present slides of the site in question.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 136
After the presentation of slides, Chairman Mathews closed the
Public Hearing.
Motion: Vice-Chairman Greer commented on the need to protect the
surrounding residential neighborhoods, and MOVED, SECONDED by
Commissioner Sutton to deny the R-10 rezoning request. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
.
PUBLIC HEARING TO CONSIDER REZONING 1.45 ACRES ON THE WEST SIDE OF
U. S. HIGHWAY 17 SOUTH OF BAYSHORE DRIVE TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-458, 8/92)
Chairman Mathews opened the Public Hearing.
Planning Director Hayes presented background information on
the proposed rezoning and stated the applicant expressed concern
for the current zoning greatly restricting further development of
the tract. The site is adjacent to a major highway (U. S. 17) and
commercial land uses to the south. After discussion of the highest
and best use of the property, the Planning Commission voted 3 to 2
to recommend approval of the petition.
The Planning Staff recommends denial feeling that repeated
intrusions and exposure of these commercial activities along this
major highway are clearly contrary to established policies for
growth and development and will enhance new petitions and proposals
for more property adj acent and across the street. What was
originally established as a community center for Ogden will
eventually degenerate into an ill-defined and unworkable hodgepodge
of commercial activities.
.
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 comments were received:
Ms. Dena Gertz, the petitioner, requested approval of the B-2
zoning in order to use the property to its highest and best use.
Chairman Mathews closed the Public Hearing.
Motion: After discussion of the property being undesirable for
residential development, Commissioner Barfield MOVED, SECONDED by
Commissioner Sutton to approve the B-2 rezoning as recommended by
the Planning commission. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1992," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, Section 8B~ Page
37.
.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR A
CHILD DAY CARE CENTER LOCATED AT THE NORTHWEST CORNER OF AMSTERDAM
WAY AND NETHERLANDS DRIVE (S-343, 8/92)
Chairman Mathews opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to comment must be sworn by the Clerk to the
Board.
The following persons were sworn in:
Ms. Estelle Johnston
Mr. Bob Fullerton
Planning Director Hayes presented background information on
the proposed day care facility and stated after addressing parking
requirements, access, and the number of employees, the Planning
Commission voted unanimously to recommend granting of the Special
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
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Use Permit for construction of a 4,500 square foot day care
facility.
Planning Director Hayes presented the following staff
findings:
General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
()
-The child day care center will be located in a newly
constructed building of approximately 3,750 square feet. This
facility will be designed to comply with state guidelines and
local requirements.
-The site will have direct access to Amsterdam Way, which is
located in the Dutch Square Industrial Park.
-The site is located within the Ogden Volunteer Fire
Department District.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
-Child day care centers and services are permitted by Special
Use Permit in the 1-1 Light Industrial District. This site is
zoned 1-1.
-A total of 30 off-street parking spaces are proposed. One
space per employee and four spaces for drive-in and pick-up
are minimally needed. Eight full-time employees will be
utilized.
o
-Access to the site is designed so that pick-ups and
deliveries can be made without backing into the street.
-A large fenced area will be provided along the northwest side
of the building.
General Requirement #3: The proposed use will not injure the value
of adjoining property based upon the following findings:
-The site is located in an industrial park, consisting
primarily of metal buildings with barricades. These existing
businesses are engaged in a variety of wholesale, distribution
and commercial service activities.
General Requirement #4: The location and character of the proposed
use, if developed according to the plan as submitted and approved,
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover
County based upon the following findings:
-The facility will be located on a 1.15 acre parcel. All
parcels of land in the industrial park equal or exceed that
size.
o
-A similar day care operation in the park was established by
a Special Use Permit in October, 1989. This center is located
at the corner of Old Dairy Road and Windmill Way.
Chairman Mathews asked the petitioner if he agreed with the
findings as presented.
The petitioner, Ms. Estelle Johnston, stated she concurred
with the staff findings as presented.
Mr. Bob Fullerton, representing Landmark, commented on
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 138
development in the area and the need for additional day care,
particularly when the other day care facility in the same area has
undergone two expansions.
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to issuance of the Special Use Permit
for location of a child day care center.
No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: After discussion, commissioner Sutton MOVED, SECONDED by
Vice-Chairman Greer to grant the Special Use Permit based upon the
evidence presented and findings of fact satisfactorily meeting the
four general requirements. 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.
Commissioner Retchin commented on the two expansions of the
day care center in the same vicinity and requested the County
Enforcement Officer, Ann Hines, to check to see if these expansions
have occurred according to the Special Use Permit as granted.
PUBLIC HEARING TO CONSIDER A REQUEST BY L. SNEEDEN TO CLOSE A
PORTION OF WESLEY AVENUE LOCATED SOUTH OF EASTWOOD ROAD IN
HILLSDALE SUBDIVISION (SC-57, 9/92)
Chairman Mathews opened the Public Hearing.
Planning Director Hayes presented background information and
reported that Wesley Avenue is located 350 feet southeast of the
Charter Drive/Wesley Avenue intersection. The portion of Wesley
Avenue to be closed encompasses a length of 150 feet with a 50 foot
unimproved right-of-way. Future plans to connect this portion of
Wesley Avenue to Cardinal Drive are blocked by an existing lot of
record.
Due to the limited use of the road stub, the Planning Staff
recommends that this portion of Wesley Avenue be closed; however,
it is to be understood that if parcel "C" is sold at any time in
the future, it will need to be recombined with parcel "D" in order
to gain access to Hillsdale Avenue. The County Engineering
Department has advised staff that drainage and/or utility easements
will not be required.
Chairman Mathews asked if anyone from the general public would
like to comment on the proposed road closing. The following
remarks were received:
Mr. Larry Sneeden, representing the applicant, stated Mr.
Stitt's (owner of parcels C and D) house is located in the middle
of the two parcels with the garage in the back; therefore, he has
no problem. with the road closure.
Chairman Mathews closed the Public Hearing.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to adopt an order closing a portion of Wesley Avenue located
south of Eastwood Road in Hillsdale Subdivision as requested by the
petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 9.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 139
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to convene from Regular Session to hold a meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 9:45 P.M.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Retchin to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
()
Chairman Mathews reconvened to Regular Session at 9:48 P.M.
COMMITTEE APPOINTMENTS
APPOINTMENT OF JOHN J. MANOCK TO SERVE ON THE HUMAN RELATIONS
COMMISSION
Chairman Mathews stated the following nominations were
presented at the meeting of August 17, 1992, to fill one vacancy on
the Human Relations Commission.
William A. Caster
John J. Manock
Scott G. Sherman
commissioner Retchin called attention to the letter from the
New Hanover County Human Relations Commission endorsing John J.
Manock for the position.
Motion: After discussion, commissioner Retchin MOVED, SECONDED by
Commissioner Barfield to appoint John J. Manock to serve on the
Human Relations Commission. The term is to expire December 31,
1994. Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
NOMINATIONS FOR FILLING THE UNEXPIRED TERM ON THE PLANNING
COMMISSION
Chairman Mathews reported on the resignation of C. Richard
Boisky and stated seven applications have been received to fill the
unexpired term. Maps have been presented reflecting the
geographical location of the applicants. The floor was opened to
receive nominations.
commissioner Retchin stated the applicant, William B. Harris,
has served on the Planning commission in the past and is located in
the area where Mr. Boisky lived; therefore, he would like to
nominate Mr. Harris.
Chairman Mathews nominated J. Clark Hipp.
There being no further nominations, Chairman Mathews declared
the nominations closed.
The two nominees will be presented as an agenda item for the
meeting of September 21, 1992, for appointment to fill the
unexpired term.
APPROVAL OF AMENDMENT TO NEW HANOVER COUNTY FAIR HOUSING ORDINANCE
Ms. Shirley Berry presented an amendment to the New Hanover
County Fair Housing Ordinance and requested approval of the
proposed changes to comply to H.U.D. regulations.
()
Motion: Commissioner Barfield MOVED, SECONDED by commissioner
Retchin to approve the amendment to the New Hanover County Fair
Housing Ordinance as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 9.
The ordinance will be incorporated into the New Hanover County
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 140
Code.
.
PRESENTATION OF PROPOSED LAND USE PLAN UPDATE
Planning Director Hayes presented a draft of the Land Use Plan
Update and stated this item will be placed on the agenda for
September 21, 1992, for authorization to submit the draft plan to
the N. C. Coastal Resources Commission. Once approved by the
State, Public Hearings will be held and the final plan adopted by
the Board of County Commissioners and Wilmington City Council.
Discussion was held on moving as quickly as possible in
scheduling Public Hearings since the Commissioners postponed a
decision on marina regulations until the Land Use Plan Update has
been discussed.
Planning Director Hayes stated the State must review and
approve the draft document; however, Public Hearings can be held on
the proposed draft plan. If the State should recommend changes,
Public Hearings will have to be scheduled again and held before the
City and County can adopt the Land Use Plan Update.
Further discussion was held on the draft document being a
compromise document which can be used as a guide for future
development. Planning Director Hayes stated the Public Hearings
could be quite controversial since there are concerns by both
developers and environmentalists.
.
Consensus: After discussion of the need for the Commissioners to
thoroughly understand the proposed Land Use Plan Update, it was the
consensus of the Board to schedule a Work Session with the Chairman
of the Planning Commission and New Hanover County Planning Staff on
October 14, 1992, at 4:00 P.M. in Room 501 of the County
Administration Building, 320 Chestnut street, Wilmington, North
Carolina.
Commissioner sutton requested the record to reflect that
Public Hearings will be scheduled as soon as possible and that the
Commissioners have selected the first available date to discuss the
proposed Land Use Plan Update.
SCHEDULING OF RECEPTION FOR REPRESENTATIVE HARRY PAYNE AND SENATOR
BLOCK ON NOVEMBER 16, 1992, AT 5:00 P.M.
Discussion was held on scheduling a reception for
Representative Harry Payne and Senator Franklin Block in
recognition of their years of service and the many contributions to
New Hanover County while serving in the N. C. General Assembly.
Consensus: After further discussion, it was the consensus of the
Board to schedule a reception on November 16, 1992, at 5:00 P.M. in
the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, N. C. All persons are invited to attend
and a press release is to be prepared.
.
DISCUSSION OF FUNDING RECOMMENDATIONS FOR A CONSOLIDATED
CITY/COUNTY PLANNING DEPARTMENT
Assistant County Manager Dave Weaver presented the following
alternatives for funding a consolidated City/County Planning
Department and stated most items have been worked out with the
exception of funding:
-Alternative One: The costs could be shared between the City and
County based on criteria of population and tax base. The expenses
of the approved budget would be apportioned between the City and
County based on the following formula:
city Budqet Contribution =
County Budget Contribution
Tax Base city
Tax Base Unincorporated County
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+
city Population
Unincorporated County Population
2
This ratio of .80 indicates that the city budget contribution
would be approximately 44.5% and the County's contribution
would be 55.5% of the annual budget. This ratio is
appropriate for two reasons:
()
-The ratio of .80 approximates the present ratio of City
Planning Department costs and the County Planning
Department costs.
-The ratio is based on measures of population and
property tax base, both of which are measures of the need
for planning in a community.
-Alternative Two: The following modifications have been suggested
by City staff:
Year One
City Share
County Share
44.5%
55.5%
Year Two
City Share
County Share
22%
78%
Year Three and all subsequent years the County
will fund 100%.
As indicated under the City's proposed alternative, the
formula in Alternative One would be followed only for the first
year with the County eventually paying all of the cost. If the
City's alternative was to be followed, it is questionable as to the
role, if any, of the City in determining annual work programs if
the City would not contribute an amount equal to the cost of the
planning effort for the city.
()
commissioner Barfield inquired as to which entity would be
making decisions, the City or County?
Assistant County Manager Weaver stated if Alternative One is
followed, the City and County will be making equal decisions since
each entity will be sharing equal amounts. If the County decided
to pay 75-100% of the cost, it would be questionable as to how much
authority should be given to the City in the decision making
process.
Discussion was held on the need for the County to have full
control of the Planning Board if the County is going to fund 100%
of costs involved. Further discussion was held on the fact that
persons living in the city may feel if the County appoints members
to a consolidated Planning Board, their concerns would not receive
full attention by that Board. Commissioner Retchin recommended
establishing a set ratio of residents of the City for appointment
to the consolidated Planning Board. If the County is going to pay
the bill, the County should be in control of appointing members to
the Board.
()
Further discussion was held on developing a work program for
the consolidated Planning Department. Assistant County Manager
Weaver commented on the difficulty in developing a work program,
especially for the first two years. For example, who is going to
pay extra for development of a Master Plan for the City of
Wilmington? Would the City be entitled to have this plan performed
and paid for out of the City/County budget, or would the City be
charged extra for this plan? Emphasis was placed on these type of
.
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MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1992
PAGE 142
questions being addressed and resolved with implementation of a
consolidate Planning Department.
Discussion was held on the impact of annexation on a
consolidated Planning Board and Planning Department. Commissioner
Barfield expressed concern for the citizens contacting the Board of
County Commissioners for assistance in stopping annexation when the
Commissioners have no authority to interfere with this process. He
commented on other problems that will be experienced on combining
the Planning Departments and recommended delaying action on this
matter until all issues have been addressed.
Motion: After further discussion, commissioner Barfield MOVED to
abandon the idea of combining the City and County Planning
Departments. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Vice-Chairman Greer expressed concern for wasting time on the
proposed consolidation if the City is not willing to pay their fair
share.
Consensus: After further discussion, it was the consensus of the
Board to request the County Manager to inform the City that the
Commissioners support Alternative One, a method using the tax base
and population to distribute the cost; however, if the County is
going to assume the entire financial burden as proposed by the City
in Alternative Two, the County must have complete control of the
planning program.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 10:30 P.M.
Respectfully submitted,
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Clerk to the Board
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