HomeMy WebLinkAbout1993-01-04 Regular Meeting
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MxNUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 257
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, January 4, 1993, at 6:30 P.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Malcolm McIver, a retired Presbyterian Minister, gave
the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether 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:
Discussion of Drainage Requirements in Wrightsville Green
Subdivision
Mr. Gene Tetirick, 5813 Marsh View Drive located in
Wrightsville Green Subdivision, expressed concern for the lack of
surface drainage in this development. The developer, WG
Construction, Inc. of Myrtle Beach, South Carolina, was to have
provided grass shoulders and grass swales on all roadsides. with
the exception of one short sample swale, no swales have been filled
in as required in development documents that were approved by New
Hanover County in 1987. After discu~sion with County staff and the
developer, no evidence has been identified that swales were filled
in as stipulated in the plan. The developer has stated that any
drainage improvement or maintenance will be at the expense of the
homeowners based upon a letter written by the County Engineering
Office on July 8, 1992, which states that the project was finalized
and approved. County staff has been most supportive in trying to
assist the homeowners with trying to resolve this issue. The
Planning Director wrote a letter to WG Construction Company, Inc.
on September 18, 1992, requesting that a plan be submitted. A plan
was received by the Planning Department on December 22, 1992, which
was incomplete and is now being reviewed by the Engineering Office.
Due to no swales being filled in, a severe drainage problem has
occurred. The residents feel that WG Construction, Inc. is
primarily responsible; however, the County also shares in this
responsibility since the final inspection was approved as to
working order by the County. The County Commissioners were
requested to help the residents obtain the necessary drainage at no
cost to the homeowners.
Chairman Greer expressed appreciation to Mr . Tetirick for
bringing this item to the attention of the County Commissioners and
stated this matter will be investigated by the proper County Staff;
however, he does not believe the County can be held responsible for
policing areas after the final inspection is completed.
commissioner Sisson expressed concern for subdivision
regulations that would allow gaps of this type to occur and urged
the County Departments under the supervision of Assistant County
Manager Dave Weaver to check into current procedures to ensure that
these types of problems do not fall through the cracks. Also, the
Commissioners should be informed as to the steps being taken to
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MINUTES OF REGULAR MEETING, JANUARY 4, 199.3.
PAGE. 258
deal with this particular developer so the Board can report back to
Mr. Tetirick.
Concern for Adoption of the Proposed Yard Waste Ordinance
Mr. Dick Carter, a concerned citizen, requested the
Commissioners to thoroughly review all items concerning the
incinerator before adopting the proposed Yard Waste Ordinance. He
recommended determining the BTU outpu~ of yard waste and stated the
moisture content of garbage must be determined before entering the
incinerator and after the reburning process. without determining
the amount of moisture in the materials, there is no way to
determine the amount of energy consumed to ensure the amount of
energy to be generated.
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Concern was also expressed for dividing the County into trash
districts with exclusive territories awarded to haulers without
bids. The County should be very cautious in adopting ordinances,
such as the proposed Yard Waste Ordinance, or granting franchises
until actual facts on the amount of money invol ved have been
thoroughly examined and the public has been informed. The
Commissioners were urged to take one step at a time and to contact
Raleigh to see if this situation can be worked out.
Chairman Greer, on behalf of the Board, expressed appreciation
to Mr. Carter for his remarks.
Termination of Contract with the North wilmington Volunteer Fire
Department
Mr. Lou Mattes, Chairman of the New Hanover County Board of
Fire Commissioners, reported on allegations that have surfaced at
the North Wilmington Volunteer Fire Department. Through
investigation and reported incidents that have occurred, the Board
of Fire Commissioners is requesting termination of the contract
with the North Wilmington Volunteer Fire Department under the 90-
day no fault clause. This action is not easily recommended;
however, due to the following items, the Fire Commissioners feel
the contract must be cancelled:
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-A lack of trained personnel as well as an inadequate number
of fire fighters. The state requires a minimum of 19 fire
fighters plus 3 fire/police members to be maintained at all
times. During a recent investigation, there were as little as
10-14 available members.
-Poor Management of the North Wilmington Volunteer Fire
Department. A number of personal radio-type telephones were
purchased in the name of the North Wilmington Volunteer Fire
Department. Through an agreement, these members were to
reimburse the department; however, no funds have been paid
back. At this time, there is a $10,000 debt.
-The recent fuel spill was due to a lack of control and poor
management.
In order to ensure fire protection for this area, the
following plan is recommended by the Board of Fire Commissioners:
-Immediately call upon the Wrightsboro and winter
Volunteer Fire Departments to respond to fire calls.
will provide adequate fire service to the area.
Park
This
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-Hire two additional fire fighters to temporarily man the fire
station during the day until permanent arrangements can be
made. These persons will be paid from the unappropriated fund
balance of the Fire service District.
In summary, these types of problems are not indicative of the
fire service being provided by seven outstanding Volunteer
Departments in New Hanover County. After review, the Fire
commissioners recommend immediate termination of the contract with
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 259
the North Wilmington Volunteer Fire Department with dissolution of
Othis fire district and renaming of the district to "Countv Fire
District 5". Also, the County Commissioners are requested to ask
the North Wilmington Volunteer Fire Department to turn over all
assets to the Board of Fire Commissioners in order to provide an
orderly transition and continue to provide fire protection to this
area.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to accept the recommendations of the Board of Fire
Commissioners and terminate the contract with the North Wilmington
Volunteer Fire Department. The floor was opened for discussion.
Attorney James Russell Sugg, Jr., representing the North
Wilmington Volunteer Fire Department, reported that the North
Wilmington Volunteer Fire Department has never received any written
complaints about the services of the Fire Department until this
afternoon. After review of the list of complaints, there is no
indication that lives have been lost or property damaged due to
poor performance by the Fire Department. The North Wilmington
Volunteer Fire Department has been in existence for 20 years and
for the first time a list of complaints has been presented, of
which many are already in the process of .being corrected.
Cancellation of this contract will cost the taxpayers an additional
$30,000 due to payment for services not rendered. Also, the
contract will expire June 30, 1993, which would be a more
appropriate time to either cancel or renew the contract. At this
point, there are many issues that need to be addressed,
particularly with reference to the ownership of equipment.
Attorney Sugg requested the County Commissioners to allow the North
Wilmington Volunteer Fire Department to respond to the allegations
at the next meeting before taking action to terminate the contract.
commissioner Sisson asked the Assistant County Attorney, Kemp
Burpeau, if the recommendations presented by the Board of Fire
Commissioners are a valid set of proposals that will provide an
effective way to terminate the contract?
Assistant County Attorney Burpeau stated the proposals
presented will provide a clean and clear way to terminate the
contract under the no-fault provision. The only detriment will be
the payment of pro-rata compensation for the 90-day period?
commissioner Sisson inquired as to whether there is a
guarantee that the North Wilmington Volunteer Fire Department will
turn over the equipment to the County since it was purchased with
County funds?
Assistant County Attorney Burpeau stated the fire equipment is
owned by the North Wilmington Volunteer Fire Department; therefore,
there is no guarantee the equipment will be returned to the County.
Commissioner Caster asked Chief Phil Spaulding if there is an
adequate number of qualified personnel at the North Wilmington
Volunteer Fire Department?
Mr. Phil Spaulding, Chief of the North Wilmington Volunteer
Fire Department, stated there is an adequate number of qualified
personnel.
Chief Lou Mattes stated new members can be added with a period
of 12 months allowed to receive 36 hours of training. When
reviewing the roster of the North Wilmington Volunteer Fire
Department on October 4, 1992, less than 14 members were available.
commissioner Caster inquired as to whether the accumulated
debts for the radios have been paid and if not, who is responsible
for the bill?
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 260
Chief Spaulding stated the debts are unpaid; however, only
$5,000 is due, not $10,000 as previously stated. All members o~
the Fire Department agreed to pay for the radios with purchase of
the equipment through the North Wilmington Volunteer Fire
Department. This purchase was approved by the former Chairman of
the Board of Fire Commissioners. After discussion with the lease
company, the Fire Department is technically responsible for the
radio debt, but the company feels that some arrangement can be
worked out whereby the individuals owning the equipment will be
sued.
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commissioner Sisson inquired as to whether the lease company
has threatened to sue these individuals for a lack of payment?
Chief Spaulding stated the lease company has threatened to sue
the Fire Department and has turned the debt over to a collection
agency. At the present time, these members are working w~th the
collection agency to repay the debt.
Attorney Sugg stated the Sheriff's Department did investigate
all allegations with a determination that no criminal elements were
involved.
commissioner Sisson responded that the Sheriff's Department
did point out substantial evidence of wrong doing but it could not
be linked to criminal prosecution.
Chief Spaulding reported on taking over the North Wilmington
Volunteer Fire Department approximately a year ago and stated at
that time there were problems with management; however, he was
promised that he would receive assistance. As of this date, he has
not received the assistance needed to correct and work out these
problems.
Chairman Greer called for a vote on the motion to accept the
recommendations of the Board of Fire Commissioners and terminate
the contract with the North Wilmington Volunteer Fire Department.
The MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
APPROVAL OF CONSENT AGENDA
Chairman Greer requested withdrawal of Consent Agenda Item #1
with a separate motion for approval of the minutes of the Regular
Meeting of December 7, 1992, in order to discuss clarification of
a substitute motion.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the Consent Agenda with removal of Consent
Agenda Item #1. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Budget Amendment #93-00101 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
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93-00101 - Sheriff Administration
Debit
Credit
Sheriff Dept./Administration
Other
$20,198
Motor Vehicle Purchases
$20,'198
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 261
Purpose: To budget insurance money received for two wrecked
vehicles. Replacement of the vehicles will allow the Sheriff's
Department to maintain the necessary vehicle fleet.
Approval of Budget Amendment #93-0099 - Fire Service District -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
93-0099 Fire service District - Sheriff's Department
Debit Credit
Fire Service District
Appropriated Fund Balance
$7,500
Transfer to General Fund
(to Sheriff's Dept. - 911 Center)
$7,500
Sheriff's Dept.jAdministration
Operating Transfer In
(from Fire Service District)
$7,500
Sheriff's Department/911 Center
Rent
Telephone Expense
$5,100
$2,400
Purpose: To appropriate $7,500 from the Fire Service District's
fund balance to cover the additional cost at the 911 Center for
increasing the paging capacity, which is needed due to the larger
than anticipated number of slots used by the Volunteer Fire
Departments. The $7,500 will cover part of the cost of the paging
expansion, three additional 911 lines, and a reporting package for
the remainder of the fiscal year. This action was approved by the
Board of Fire Commissioners on December 16, 1992.
Approval of Budget Amendment #93-0098 - Museum Expansion Capital
Project
The Commissioners approved the following Budget Amendment:
93-0098 Museum Expansion capital project
Debit
Credit
Museum Expansion Capital Project
Interest on Investments
$34,190
Other Improvements
$34,190
Purpose: To budget interest earned on the Museum Expansion bond to
replace the roof on the old part of the Museum. The roof is over
ten years old and leaks. Replacing the roof at the time of the
expansion was not considered to be cost effective.
Approval of Budget Amendment #93-00100 - Fire Service District -
Emergency Management Department
The Commissioners approved the fOllowing Budget Amendment for
increasing the hours of Debbie Reed from part-time to three-quarter
time effective January 1993. This increase is necessary to provide
clerical and administrative support for the Fire Service District
programs.
93-00100 Fire Service District - Emergency Management Department
Debit
Credit
Fire Service District
Appropriated Fund Balance
$3,000
Transfer to General Fund
(Emergency Management Dept.)
$3,000
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 262
Budget Amendment (continued)
Debit
Credit
Emerqency Manaqement
Operating Transfer In
(from Fire Service District)
$3,000
Salaries & Wages
$3,000
Adoption of Resolution Authorizing the Sale of Surplus Real
Property Located at 126 Tanglewood Drive
The Commissioners adopted a resolution authorizing the sale of
surplus property owned by New Hanover County to Gordon A. and
Annette Baxley, Tax Parcel #072-13-010-025.000, in the amount of
$9,000. The Chairman was authorized to execute the necessary
documents. \
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 17.
Adoption of Resolution Awarding Bid #93-0202 and Contract #93-0202
to CBM Incorporated for Purchase of Micro-computer Equipment
The Commissioners adopted a resolution awarding the bid to CBM
Incorporated, the lowest responsible bidder, in the amount of
$70,065 for micro-computer equipment for the Department of Aging,
Waste-to-Energy Facility, and Home Health Department. The Chairman
was authorized to execute the necessary documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 17.
Adoption of Amendments to the New Hanover County Personnel policy
The Commissioners adopted the following amendments to the New
Hanover County Personnel Policy:
Article V,
Article V,
Article VI,
Article VII,
Article VII,
Article VII,
Article VII,
Article VIII,
Dismissal
Employee Appeal Procedures
Work Week
Personal Leave - Accumulation
sick Leave - Accumulation
Workers' Compensation Leave
Student Services Leave
ADA Grievance Procedure
section 12
section 14
section 1
section 5-6
section 12
Section 22
section 34
section 8
Copies of the amendments are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XX, Page 17.
Ratification of Contract #93-0216 Between New Hanover county, the
New Hanover County Alcoholic Beverage Control Board and the Sheriff
of New Hanover County
The Commissioners ratified the contract between New Hanover
County, the New Hanover County Alcoholic Beverage Control Board and
the Sheriff of New Hanover County for the provision of County ABC
law enforcement by the Sheriff's Department. The Chairman was
authorized to execute the necessary contract documents.
A copy of the contract is on file in the Legal Department.
APPROVAL OF MINUTES FOR THE REGULAR MEETING OF DECEMBER 7, 1992
Chairman Greer commented on the original minutes of December
7, - 1992, and stated after review of the tape, the minutes as
originally presented by the Clerk to the Board on the substitute
motion were correct. He requested a motion for approval of the
minutes reflecting that the substitute motion listed on Page 218
should read as follows:
Substitute Motion: Commissioner Barone MOVED to accept the
Planning Board's recommendation for the purpose of squaring
off this parcel of land and then direct staff to come back
with an Overlay District recommendation for this area. THE
MOTION FAILED DUE TO NOT RECEIVING A SECOND.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
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Motion: Commissioner sisson MOVED, SECONDED by Chairman Greer to
approve the minutes of the Regular Meeting of December 7, 1992, as
originally presented by the Clerk to the Board.
commissioner Barone stated, for the record, it was not her
intent to refer to an Overlay District. Her intent was to accept
the Planning Board's recommendation as presented for the purpose of
squaring off this parcel of land.
STATUS REPORT ON THE URBAN PARK DEVELOPMENT
Deputy County Manager, Mary Gornto, presented a status report
on the development of the Urban Park. The City of Wilmington and
New Hanover County jointly purchased property located at Third and
Chestnut Streets for the purpose of developing an urban park.
Through an interlocal agreement, the County was given ownership of
the property and the responsibility for its development. An
Advisory Committee was appointed and has raised funds in the amount
of $39,431 as of this date. During this process, the Advisory
Committee modified the previously approved design in an attempt to
reduce the estimated project cost and to respond to some additional
suggestions.
The Advisory Committee has raised funds in the amount of
$30,000 to begin Phase I, which is composed of the following
elements: (1) site grading; (2) installation of underground
utilities; (3) construction of the perimeter brick wall; and (4)
grass planting of the site. It is hoped that Phase I will be
completed by April 1, 1993. Also, underway is implementation of a
design competition for the public art feature in the park.
The following members of
introduced and appreciation was
outstanding job performed in rasing
the Urban Park:
the Advisory Committee were
expressed to them for the
funds and developing a plan for
Claude Ayers, Parks Advisory Board
Richard A. Harris, Friends of the Public Library
Alan Jones, Wilmington Community Appearance Commission
Barbara G. Prather, Arboretum Foundation
Corneille Sineath, The Garden Council
Mrs. Woodrow W. Fountain, Residents of Old Wilmington
Karen Williamson, Wilmington Parks & Recreation Department
David Paynter, New Hanover County Library Director
Ernie Williams, Arboretum Coordinator, Extension Service
Mr. Ernie Williams presented the modified site plan for the
Urban Park and reported that the revised plan will create a less
busy look and provide more open space and atmosphere.
commissioner Barone expressed appreciation to the Advisory
Committee for a beautiful design and inquired as to which agency
will be responsible for maintenance?
Mr. Williams responded the County's Parks Department will
maintain the Urban Park.
Discussion was held on lighting. Deput' County Manager Gornto
stated the final plan has not be completed; however, the Committee
is in the process of developing a plan that will provide attractive
lighting as well as provide adequate lighting for safety.
Mr. Mitchell Wright, a member of the Arts Council Executive
Board and a Landscape Architect, reported on the sculpture
competition with water as the main element and presented the
following plan:
Phase I - Solicitation of Proposals: Proposals will be
solicited in February, 1993 from the State of North Carolina
only. From the competitive proposals received, three to four
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 264
finalists will be selected with submission of detailed
sketches and cost estimates.
Phase II - A Committee, composed of Charles Boney, Jr.;
Derrick Davis; Carlisle Grissett; Reynolds Brown; Margaret
DeMott; Mary Ellen Golden; Mary Knight; Alan Jones; and
Mitchell Wright will serve as the selection panelist. A
final winner will be selected by July 1, 1993.
In summary, the Commissioners were requested to accept the
modified plan and adopt the implementation schedule.
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Chairman Greer, on behalf of the Board, expressed appreciation
to the members of the Urban Park Advisory Committee for an
excellent job.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to accept the modified plan and adopt the implementation schedule.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
WITHDRAWAL OF ITEM #7, PRESENTATION OF PLAQUE TO WINNER OF THE
HUMAN RELATIONS MONTH THEME
Chairman Greer stated Item #7 has been withdrawn at the
request of the Human Relations Commission. Due to the holidays,
the winner of the theme for Human Relations Month was not able to
attend this meeting.
ADOPTION OF STRATEGIC PLANNING MISSION STATEMENT
Assistant to the County Manager, Pat Melvin, commented on the
Work Session held with the Strategic Planning Council and requested
adoption of the following Mission Statement:
Mission Statement
In partnership with our citizens, the government of New
Hanover County is dedicated to promoting orderly growth while
preserving the outstanding quality of life which has made our
County a desirable place to live and work.
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The government of New Hanover County accepts the challenge of
providing the services necessary to ensure a clean, safe,
stable environment, and to promote the physical and economic
well-being of all of its citizens.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to adopt the Mission Statement as proposed by the strategic
Planning Council. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF AN ORDINANCE TO PROHIBIT DISPOSAL OF YARD WASTE IN
THE SECURED COUNTY LANDFILL OR THE WASTE-TO-ENERGY FACILITY -
SECOND READING
Chairman Greer commented on passage of the proposed Yard Waste
Ordinance at the meeting of December 21, 1992, by a 3-2 vote, and
stated since the ordinance was not unanimously adopted, a second
reading must be held in order to receive final approval.
Director of Environmental Management, Ray Church, reported on
discussion held at the December 21 meeting with reference to
prohibiting the disposal of yard waste in the Landfill and Waste-
to-Energy Facility. He 'presented a cost analysis of the monthly
increase to the customer for a once a week separate collection of
yard waste. Charts were presented reflecting seasonal variations
in NOx emissions; the high heating value of typical municipal solid
waste and its component materials; and seasonal variations of the
waste stream in New Hanover County.
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Discussion, was held on peak periods. Director Church reported
that the capacity of the Waste-to-Energy Facility is 400 tons per
day which represents a theoretical goal of 89% - and includes
maintenance shutdown time. The months of November, December,
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 265
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January and February are scheduled for major repairs and cleaning
of the equipment.
A lengthy discussion was held on allowing enough time for
haulers to prepare for a separate collection of yard waste.
Director Church recommended amending Article VI, section A of the
proposed ordinance changing the date of January 1, 1993, to April
1, 1993 and omitting the words, "or Waste-to-Energy Facility" in
order to allow the haulers to continue to bring yard waste
materials to the Waste-to-Energy Facility until the first of April.
Chairman Greer expressed concern for the list of conditions in
the proposed ordinance and stated the County must comply to State
law which prohibits yard waste being placed in lined landfill
cells; therefore, he would recommend adoption of an ordinance
immediately that simply states the County will not accept yard
waste in the landfill. other conditions, such as imposing
penalties and stating yard waste cannot be burned in the
incinerator, in his opinion, are not necessary.
Discussion was held on the requirements of Senate Bill 111.
Chairman Greer reported that Senate Bill 111 requires a 25%
reduction of the waste stream by July 1, 1993. Also, in this bill
there is a requirement that counties cannot accept yard waste in
lined landfills; however, at that time the County understood that
yard waste could be placed in the unlined demolition landfill.
within the past two months, the County has learned that yard waste
cannot be placed in the demolition landfill without a separate
permit from the State of North Carolina.
Director Church reported that the State has been contacted for
a separate permit.
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Further discussion was held on the 25% reduction of the waste
stream. Director Church stated 10% credit has been given to the
County for the burning of trash in 'the incinerator. Also, 100% of
materials that go through the yard waste composting facility will
be allowed toward the 25% reduction. Further discussion was held
on the reduction of the waste stream through the County's recycling
program. Director Church reported that the waste stream has been
reduced by less than 1% with the County's recycling program.
Discussion was held on amending the proposed ordinance.
County Attorney Copley reported that if substantial changes are
incorporated into the proposed ordinance at this meeting another
reading will be required.
Motion: After discussion of the need to comply to the State law,
Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to
adopt the proposed ordinance as presented including the amendment
to Article VI as recommended by the Director of Environmental
Management. The floor was opened for discussion.
Chairman Greer expressed concern for adopting the proposed
ordinance and recommended writing an ordinance that will comply to
the State law but not include any conditions that are not
necessary.
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commissioner Sisson stated the change recommended by Director
Church in Article VI will allow the County to immediately comply to
the State law and also allow the haulers time to work out the
logistics of a separate collection for yard waste.
Director Church stated the date of April 1, 1993, can be moved
back until May 1 or May 15, 1993.
After further discussion, Assistant County Manager, Dave
Weaver, stated numerous sections of the ordinance will have to be
amended in order to change Article VI.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 266
commissioner Barone expressed concern for adoption of the
proposed ordinance without properly educating and informing the
public. Emphasis was placed on the importance of the public and
haulers knowing what to expect before acting on this issue.
Motion withdrawn: After discussion of the substantial changes that
would occur with modification of the proposed ordinance, Vice-
Chairman Mathews WITHDREW HIS MOTION.
Consensus: After further discussion, it was the consensus of the
Board to direct staff to modify the present ordinance to comply to
State law and incorporate changes in Article VI to allow more time
for the haulers to prepare for a separate yard waste pick-up. The
ordinance is to be presented for a first reading at the meeting of
January 19, 1993.
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DENIAL OF GARBAGE CONTAINER ORDINANCE - FIRST READING
Mr. Rick Blair, the petitioner, expressed concern for New
Hanover County not having in place a Garbage container Ordinance.
Pictures were presented showing the unsightly litter that occurs
when persons do not remove trash containers from the road after
pick up. The Commissioners were urged to adopt the proposed
ordinance.
A lengthy discussion was held on the difficulty involved with
enforcement of the proposed ordinance, particularly when haulers
collect garbage on different days. Concern was also expressed for
the inconvenience of this ordinance to persons who are physically
handicapped and cannot remove containers without assistance.
commissioner Caster stated you cannot legislate common sense
and in his opinion this ordinance cannot be enforced with haulers
collecting trash on different days.
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Motion: After further discussion of enforcement difficulties,
Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to
deny approval of proposed ordinance. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPOINTMENT OF CHAIRMAN ROBERT G. GREER TO SERVE ON THE PARKS
ADVISORY BOARD
Chairman Greer reported that he will consider serving on the
Parks Advisory Board.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to appoint Chairman Greer to serve on the Parks Advisory
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF FUNDING REQUEST FOR THE BELLAMY MANSION
Mr. Hugh MacRae, Chairman of the Bellamy Mansion Board of
Directors, reported on needing approximately $1,000,000 to
completely restore the Bellamy Mansion. Funds in the amount of
$500,000 have been raised and expended for restoration of the
exterior. Funds in the amount of $400,000 have been raised to
restore the interior; however, an additional $100,000 is needed to
complete the interior. In order to open this facility by the
Spring of 1993, the Bella~y Mansion Board of Directors respectfully
requests the Commissioners to approve a funding allocation of
$10,000.
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Discussion was held on scheduling a number of days that the
public can tour the Bellamy Mansion free of charge. Mr. MacRae
stated the City has also requested establishing free days to the
public since they have contributed to the project. As of this
date, the Directors have not worked out the details for scheduling
free days; however, the Board of Directors will be glad to comply
to this request.
Chairman Greer, on behalf of the Board, expressed appreciation
to the Board of Directors for the excellent job performed in
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PAGE 267
raising funds to restore this valuable historic attraction.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to appropriate funding in the amount of $10,000 from the
Contingency Fund for restoration of the Bellamy Mansion. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Mr. MacRae expressed appreciation for approval of the funding
appropriation and requested that a County Commissioner be appointed
to serve as an ex-officio member of the Bellamy Mansion Board of
Directors.
Chairman Greer stated the Commissioners will appoint an ex-
officio member at the next meeting scheduled for January 19, 1993.
BREAK
Chairman Greer called for a break from 8:45 P.M. until 9:05
P.M.
PUBLIC HEARINGS
Chairman Greer reported that Public Notice had been given that
Public Hearings would be held on Monday, January 4, 1993, at 7:30
P.M. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street. Persons wishing to comment were requested to
limit their remarks to three minutes and to select a spokesperson
if a large group is present.
CONTINUANCE OF PUBLIC HE~ING TO CONSIDER AN APPEAL TO DENY A
REQUEST TO REZONE PROPERT~ LOCATED ON THE EAST SIDE OF MARKET
STREET, SOUTH OF PORTERS NECK ROAD FROM R-15 RESIDENTIAL TO B-1
BUSINESS "
Mr. David Sneeden, representing the property owners, requested
continuance of this item in order to provide time to perform
additional site and engineering work to see if it would be feasible
to reduce the request from 5.9 acres to approximately 2 acres.
commissioner Sisson expressed no problem with continuance of
the Public Hearing contingent upon the requirement that if the site
design work substantially changes the nature of the request the
proposal will go back to the Planning Board before being presented
to the Board of County Commissioners.
Mr. Sneeden stated he has no problem with the Planning Board
reviewing the rezoning request.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to continue the Public Hearing as requested. Upon vote,
the MOT~ON CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REVISE
CRITERIA FOR GRANTING OR DENYING VARIANCE REQUESTS
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the Planning
Board voted unanimously to recommend amendments to the Zoning
Ordinance that would more formally classify findings of fact
criteria for the issuance or denial of variance requests. The
action was taken because of suggestions made by the former chairman
of the Zoning Board of Adjustment.
The Planning Board recommends modification of Section 122-1(2)
and use of the following finding of facts form:
Replace language in section 122-1(2) with the following:
(a) There are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the Ordinance;
(b) That the variance is in harmony with the general purpose
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PAGE 268
and intent of the Ordinance and preserves it spirit;
(c) In granting the variance, the public safety and welfare
have been assured and substantial justice has been done.
To assist in following those guidelines, the Board of Adjustment
shall use the variance order procedures outlined in the following
form:
COUNTY OF NEW HANOVER, NORTH CAROLINA
ORDER GRANTING/DENYING A VARIANCE
()
The Zoning Board of Adjustment for the County of New Hanover,
having held a Public Hearing on (date) to consider application
number, submitted by (name of applicant), a request for a variance
to use the property located at (address of property) in a manner
not permissible under the literal terms of the ordinance, and
having heard all the evidence and arguments presented at the
hearing, makes the following FINDINGS OF FACT AND DRAWS THE
FOLLOWING conclusions:
1. It is the Board's CONCLUSION that, if the applicant
complies with the literal terms of the ordinance, specifically
section (s) ,-----------------, he (can/ cannot) secure a
reasonable return from, or make reasonable use of, his
property. This conclusion is based on the following FINDINGS
OF FACT:
2. It is the Board's CONCLUSION that the hardship of
the applicant complains (results/does not result)
circumstances related to the applicant's land.
conclusion is based on the following FINDINGS OF FACT:
which
from
This
3. It is the Board's CONCLUSION that the hardship is not the
result of the applicant's own actions. This conclusion is
based on the following FINDINGS OF FACT:
4. It is the Board's CONCLUSION that, if granted, the
variance (will/will not) be in harmony with the general
purpose and intent of the ordinance and (will/will not)
preserve its spirit. This conclusion is based on all of the
FINDINGS OF FACT listed above, as well as the following:
()
5. It is the Board's CONCLUSION that, if granted, the
variance (will/will not) secure the public safety and welfare
and (will/will not) do substantial justice. This conclusion
is based on all of the FINDINGS OF FACT listed above, as well
as the following:
THEREFORE, on the basis of all the foregoing, IT IS ORDERED
that the application for a VARIANCE be (GRANTED/DENIED),
subject to the following conditions:
Ordered this the ____day of
, 1993.
Chairman Greer inquired as to the need for the proposed
criteria?
Planning Director Hayes stated persons serving on the Zoning
Board of Adjustment are not trained on the findings of fact and do
not have an established form to follow in order to render decisions
that can be upheld in a court of law.
()
Chairman Greer stated the Zoning Board of Adjustment is
appointed by state Statute to render decisions based upon common
sense and judgement; therefore, in his opinion, no additional
guidelines are needed other than the modification to Section 122-
1(2) as recommended by the Planning Board. Vice-Chairman Mathews
agreed with Chairman Greer.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 269
Planning Director Hayes emphasized the importance of rendering
the same decisions in similar cases based upon the findings and
stated the recommended form will be helpful to the members of the
Zoning Board of Adjustment to ensure that decisions are being
rendered objectively.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Ms. Mildred Har:r::is, an interested citizen who attends the
Zoning Board of Adjustment meetings, stated this Board is unique
since it has the power by state statute to override zoning
ordinances passed by the Board of County Commissioners. While
attending meetings since 1989, the Zoning Board of Adjustment has
improved in their decision making process; however, the members of
this Board need well defined guidelines to assist them in rendering
objective and fair decisions based upon the findings of fact
presented in each case. The Commissioners were urged to adopt the
recommendations of the Planning Board.
Chairman Greer closed the Public Hearing.
commissioner sisson sugg~sted approving the recommendations of
the Planning Board in order to assist the members of the Zoning
Board of Adjustment to render objective decisions based upon the
findings of fact and to reduce the number of court appeals which
will save time and money for the Legal Department.
Chairman Greer, again, expressed concern for adopting the
findings of fact for~ which, in his opinion, will allow for more
legal interpretations by attorneys and possibly increase court
appeals.
County Attorney Copley stressed the importance of
standardizing decisions rendered by the Zoning Board of Adjustment
and stated many attorneys have complained about the findings of
fact being vague with Judges sending the findings back to tne Board
of Adjustment for clarification. The use of a well defined form
will assist the members in rendering clear objective decisions
based on the findings.
Motion: After further discussion, Commissioner sisson MOVED,
SECONDED by Commissioner Caster to approve the recommendations of
the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner ~isson
Voting Nay: Vice-Chairman Mathews
Chairman Greer
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 17.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT 8130 MARKET
STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-462, 12/92)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the Planning
Board voted 4 to 2 for approval of the rezoning request. The
majority of members concluded that the site's location with respect
to other non-residential zoning made the property more suitable for
business uses. The dissenting members agreed that rezoning the
site would be consistent with adjacent zoning districts; however,
the County should rigidly adhere to its Land Use Plan polices that
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 270
discourage strip commercial development.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. No remarks were received.
Chairman Greer closed the Public Hearing.
Commissioner Sisson expressed concern for this portion of
Market street continually coming back for additional commercial
zoning and stated at some point, the Board of County Commissioners
must decide on how to control strip commercial zoning on Market
Street. If the Commissioners continue to allow residential parcels
of land to be rezoned case-by-case, the area from Ogden to Porters
Neck will be strip commercial development.
()
commissioner Caster commented on the site not being desirable
for residential use and stated it would be difficult to believe
that anyone would want to construct homes on this property.
Motion: After further discussion, Commissioner Barone MOVED,
SECONDED by Vice-Chairman Mathews to accept the Planning Board's
recommendation for approval of the B-2 zoning as requested. The
floor was opened for discussion.
commissioner Sisson, again, reiterated the importance of
addressing strip commercial zoning on this scenic corridor as well
as other corridors throughout New Hanover County. He urged the
Board of County Commissioners to establish some form of control for
strip commercial development along Market Street.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
()
Voting Nay: Commissioner Sisson
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 6, 1971" is hereby incorporated as a part of
the minutes and is contained in Zoning Book I, section 4, Page 33.
commissioner Barone inquired as to whom was responsible for
the following statement provided on Page 2 of agenda backup
material?
"Staff does not support the perpetuation of this ill-conceived
land use pattern. However, if the County decides to rezone
this site, it should stress how existing uses and adjacent
circumstances warrant the change."
Planning Director Hayes responded that this statement was
prepared by the Planning Department and Planning Staff.
commissioner Barone objected to the tone of the statement and
stated staff's recommendations are appreciated; however, she
resents being given direction by subordinates. To make a
recommendation is certainly in order, but to be told what to do is
not.
()
Planning Director Hayes stated the Planning Staff prepared'the
statement trying to point out that in this case it would be
difficult to argue that the site is suitable for anything but
commercial or industrial property; however, this use should not be
a basis for justifying further strip commercial development along
this corridor.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 271
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE
THE EAST SIDE OF SOUTH COLLEGE ROAD NORTH OF
BUSINESS FROM R-15 RESIDENTIAL (Z-464, 12/92)
Chairman Greer opened the Public Hearing.
PROPERTY LOCATED ON
PINER ROAD TO B-2
Planning Director, Dexter Hayes, reported that the Planning
Board voted unanimously to recommend approval of the B-2 rezoning
request. The Board concluded that the change would be consistent
with Land Use Plan policies which encourage commercial development
to locate along major roads at intersections. The Planning Board
also noted that surrounding development and anticipated development
made the property unsuitable for residential uses.
Chairman Greer inquired as to whether anyone from the general
public would like comment. The following remarks were received:
Attorney Tom Morgan, representing the property owners,
commented on the highest and best use of the property and stated
shopping areas are located immediately to the south and north of
the site. The present zoning splits the two parcels in half;
therefore, the proposed B-2 zoning would realign the zoning
boundaries with property boundaries which will enhance the use of
the properties. The Commissioners were requested to approve the
Planning Board's recommendation to rezone the property from R-15
Residential to B-2 Business.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the rezoning request from R-15 to B-2 for 1.22 acres of
property located on the east side of N. C. Highway 132 at Monkey
Junction north of piner Road as recommended by the Planning Board.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 6, 1971" is hereby incorporated as a'part of
the minutes and is contained in Zoning Book I, section 5, Page 23.
PUBLIC HEARING TO RECONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
CONSTRUCT A FIRE STATION ON THE NORTH SIDE OF PORTERS NECK ROAD
WEST OF EDGEWATER CLUB ROAD (S-345, 11/92)
Chairman Greer opened the Public Hearing and reported that the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to comment must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Marion Covil
Dr. James Dineen
Arthur poineau
Larry Sneeden
John Rauseo
Sandra Marley
commissioner Sisson expressed concern for Board action at the
December 7, 1992, meeting not being carried out by the Ogden
Volunteer Fire Department. At that meeting, the Commissioners
requested the Ogden Volunteer Fire Department to schedule a meeting
with the citizens of the area to discuss and work out the problems
pertaining to the proposed site for construction of an auxiliary
fire station. Since this meeting has not been held, he finds it
difficult to reconsider the request when none of the problems have
been resolved. He recommended that a meeting be held between the
interested parties with a member of the Planning Staff acting as a
facilitator before the request is reconsidered by the Board of
County Commissioners.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 272
Vice-Chairman Mathews agreed with Commissioner Sisson but
stated he has also heard that some dialogue has occurred between
the parties; therefore, he would like to hear from the persons
present.
After further discussion of failure to comply with the Board's
directives, it was agreed that no decision would be rendered until
a meeting has been held among the interested parties; however, the
persons present should be allowed to comment.
o
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Dr. James Dineen, representing 900 families of the area,
reported on discussing this issue with one of the opponents and
stated the main concern is about the noise from sirens. Emphasis
was placed on the fact that only one fire truck will be housed at
the fire station and that volunteer firemen responding to calls
will use a beeper system, not sirens.
Dr. Dineen, also, reported on taking time to compare the two
sites, the Futch Creek site and the Edgewater Club Road site with
the following conc 1 us ions: ( I) I f the Futch Creek Road area
approach to Highway 17 is closed as planned by the N. C. Department
of Transportation for future access to 1-40, a volunteer fireman
responding to a call would be required to go a distance greater
than 1.6 miles which will slow down the response time by four
minutes; and (2) the right-angle curves approaching the Futch Creek
site would be dangerous for firemen on a fire truck moving at a
rapid rate of speed. The proposed site at the intersection of
Edgewater Club Road is the most appropriate site for the location
of a fire station. The Commissioners were urged to move forward
with placement of a fire station on this site in order to provide
adequate fire protection to the citizens of this area.
Mr. John Rauseo, 102 Edgewater Club Road, reported on
forwarding a letter to Marion Covil, Chief of the Ogden Volunteer
Fire Department, requesting that a meeting be scheduled to further
discuss this issue. Last week, Mr. Covil telephoned him with some
discussion of the issue, but he felt Mr. Covil was not interested
in scheduling a meeting.
()
Ms. Sandra Marley, 605 Porters Neck Road, expressed concern
for the proposed site due to public safety at the Edgewater Club
Road intersection. Also, concern was expressed for the seemingly
covert action that has transpired since last month's meeting.
Mr. Larry Sneeden, representing the Ogden Volunteer Fire
Department, apologized for not fully understanding the motion and
stated other sites have been investigated, but he did not
understand that the Commissioners had directed the Fire Department
to schedule a meeting with the citizens of the area. When
investigating alternative sites, it was concluded that no other
site would have less impact on residential development; therefore,
it was the feeling of the Ogden Volunteer Fire Department that the
proposed site should be reconsidered. He stated the Ogden
Volunteer Fire Department has spent considerable time investigating
the proposed site; however, the Fire Department will be glad to
schedule a meeting with the citizens of the area.
()
Chairman Greer informed Mr. Sneeden that the Commissioners do
not need to be sold on the proposed site; however, he should be
meeting with the opposition to explain the reasons for selecting
the proposed site. The Commissioners will eventually select a site
due to the need for an auxiliary fire station in this area. It
would be beneficial to all parties involved if a meeting could be
held with the citizens of the area presenting a map and thoroughly
explaining the benefits of the proposed site and/or exploring a
satisfactory alternative site.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 273
commissioner sisson reported on hearing rumors that the site
will be used to serve Sidbury Road as well as other areas east of
Market street; therefore, if the service area is to be expanded to
this size, another location may better enable the fire department
to better serve the entire area within the 5-mile distance. Given
the residential growth in the area, the location must be suitable
for future growth and this issue should be addressed by the Ogden
Volunteer Fire Department.
.
commissioner Barone inquired as to whether a fire station
could be located on Figure Eight Island?
Mr. Marion Covil, Chief of the Ogden Volunteer Fire
Department, reported that consideration was given for constructing
a fire station on Figure Eight Island; however, the N. C.
Department of Insurance was concerned about no volunteer firemen
living on the island and the possibility of a fire occurring with
the bridge malfunctioning. The idea was then abandoned.
Mr. Arthur poineau, Administrator of the Figure "8" Beach
Homeowners' Association, presented a letter endorsed by over 500
property owners, requesting the Board to consider the site proposed
by the Ogden Volunteer Fire Department. Emphasis was placed on the
importance of allowing the experts to locate the most desirable
site, which in his opinion, has been done by the Ogden Volunteer
Fire Department.
Mr. poineau also expressed concern for an unauthorized
landfill running parallel to the proposed fire station site and
stated 30-50 trucks pullout of this area delivering dirt to Figure
Eight Island with trash being carried back to the site. He
requested investigation of this matter.
.
commissioner sisson requested Assistant County Manager, Dave
Weaver, to investigate the landfill site and report back to the
Board.
Chairman Greer recommended that the Ogden Volunteer Fire
Department meet with the citizens of the area with a member of the
Planning staff serving as a facilitator, to see if a satisfactory
site can be selected. He, also, urged Chief Covil to be present at
the meeting.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH SIDE YARD
SETBACKS FOR CORNER LOTS IN INDUSTRIAL DISTRICTS
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to approve a Text Amendment that would establish
side yard setbacks for corner lots in Industrial Districts. The
Zoning Ordinance does not provide any language but does provide
minimum setback standards for business and office-institution
districts. The change would promote consistency in the ordinance
and eliminate potentially arbitrary administrative decisions when
determining what the corner lot setback should be. Section 23-19
would be amended as follows:
.
Lot Frontaqe: Side yard requirements of corner lots in
Business, Office and Institution, and Industrial Districts
shall be the same as the front yard requirements of the
district in which the lot is located.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed Text Amendment.
No remarks were received.
Chairman Greer closed the Public Hearing.
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MINUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 274
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the Text Amendment as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969" is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 17.
PUBLIC HEARING TO CONSIDER NAMING AND ASSIGNING HOUSE NUMBERS TO
UNNAMED ROAD LOCATED SOUTH OF THE PINER ROAD/MYRTLE GROVE ROAD
INTERSECTION ON THE EAST SIDE OF MYRTLE GROVE ROAD (SN-66, 1/93)
Chairman Greer opened the Public Hearing.
o
Planning Director, Dexter Hayes, reported that the unnamed,
unimproved road has four residential homes that need a road name
and proper addressing. In May of this year, adjoining property
owners were requested to select a road name. Two responses were
received resulting in a tie between Nannys Road and Gulf Stream
Lane. A second letter was mailed in December asking for a
preference between the two names. To date three votes have been
received for Gulf Stream Lane and two votes for Nannys Road. The
Planning Staff recommends naming the road to Gulf Stream Lane.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to name the unnamed road to Gulf Stream Lane and to approve the
assignment of house numbers as recommended by the Planning Staff.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
Copies of orders naming the road and assigning house numbers
are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XX, Page 17.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 10:30 P.M.
Motion: commissioner Sisson MOVED, SECONDED by Chairman Greer to
reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 10:50 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Resolution Introducing the Bond Order Authorizing
Issuance of $5,500,000 General Obligation Refunding Bonds of the
County of New Hanover and Scheduling of a PUblic Hearing
County Attorney Copley requested a Commissioner to introduce
the Bond Order without reading of the order since each Commissioner
was furnished a copy before the meeting.
()
Chairman Greer introduced the resolution.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the resolution and call for a Public Hearing on the
Bond Order for January 19, 1993, at 9:00 A.M. in the Assembly Room
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H~NUTES OF REGULAR MEETING, JANUARY 4, 1993
PAGE 275
of the New Hanover County Courthouse, 24
Wilmington, North Carolina. Upon vote,
UNANIMOUSLY.
North Third
the MOTION
Street,
CARRIED
ADDITIONAL ITEMS - COUNTY MANAGER
Report on Placement of Porters Neck Fire station site on the Agenda
County Manager O'Neal apologized for being partially
responsible for placing this ite~ on the agenda. After receiving
the letter from Mr. Sneeden, he felt the proposed site was
appropriate and should be reconsidered.
Discussion of Contracts with the Volunteer Fire Departments
Commissioner Sisson, the County's representative on the Board
of Fire Commissioners, expressed concern for the loose manner in
which the volunteer fire department contracts are written. He
recommended tightening up the ,contracts with more accountability
for sound accounting practices ,as well as a more detailed budgeting
process in order for the County to know how funds are being
expended.
Consensus: After further discussion, it was the consensus of the
Board to request Commissioner Sisson to pursue this issue with the
Board of Fire Commissioners.
Chairman Greer inquired as to whether there is some way the
County can work with the North Wilmington Volunteer Fire Department
for return of the equipment.
County Manager O'Neal stated hopefully public pressure will be
the force that will prevail, and the North Wilmington Volunteer
Fire Department will turn over the County owned equipment.
Contrary to the remarks received tonight, a great deal of
assistance and discussion has been held with the North Wilmington
Volunteer Fire Department regarding poor management practices.
Report on Attending the 200th Anniversary of Carbarrus County
Vice-Chairman Mathews reported on attending the 200th
Anni versary of Carbarrus County and stated the event was most
enj oyable. New Hanover County was the only county represented that
was once a part of Carbarrus County. The elected officials were
very appreciative that a representative attended. A report of the
event will be placed in the County Library.
List of compensation Paid to Various county Boards and Committees
Commissioner Barone stated the Clerk to the Board, at her
request, has been working on a report with reference to
compensation paid to members of county appointed boards and
committees. Once the list is completed, a copy will be forwarded
to each member of the Board for discussion at a future date.
ADJOURNMENT
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 10:59 P.M.
Respectfully submitted,
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Lucie F. Harrell
Clerk to the Board
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