1993-08-02 Regular Meeting
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 602
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 2, 1993, at 9:00 A.M. in the New Hanover
County Administration Building First Floor Assembly Room, 320
Chestnut street, Wilmington, North Carolina.
Members present were: commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Chairman Robert G. Greer; County
Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk
to the Board, Lucie F. Harrell.
Vice-Chairman E. L. Mathews, Jr. was absent.
Chairman Greer called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Rabbi Harold Friedman gave the invocation.
Commissioner Sisson 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 remarks were received:
Mr. Marvin Lee Grainger expressed concern for the closing of
the Food Bank and for the distribution of USDA food commodities,
which is a vital source of food for the poor, elderly, and children
in need of food products. The Commissioners were requested to fund
the distribution of the USDA food commodities through the Food
Bank.
Chairman Greer expressed appreciation to Mr. Grainger for his
concern and requested that a letter be written by Dr. Jack Morgan
if the Food Bank is interested in handling the USDA commodities
distribution.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
CONSENT AGENDA
Approval of Contract Amendment to Contract #93-0297 with LS3P
Architects, Ltd. for Design Services for Ogden and Castle Hayne
Parks
The Commissioners approved a contract amendment with LS3P to
provide full services for Phase 1 of the Ogden Park and reduce
services for Phase 2. The fee has been reduced from 10% to 8% of
the estimated construction cost on Phase 2. Funds are not
available for any design, development or construction at Castle
Hayne Park; however, the necessary permitting will be completed.
It should be noted that construction drawings for typical features
(i.e., ball fields, picnic shelters) will be completed under the
existing contract which can be used for future development of both
parks. The Chairman was authorized to execute the contract
documents.
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MINVTES OF REGULAR MEETING, AUGUST 2, 1993
P,AG,E n6.0!3
A copy of the contract amendment is on file in the Legal
Department.
Adoption of Resolution Authorizing an Installment Financing
Contract with First citizens Bank for Acquisition of Land for Cape
Fear Community College
The Commissioners adopted a resolution authorizing an
installment financing contract with First citizens Bank for
acquisition of a parcel of land known as 700 Front street
Associates to be used by Cape Fear Community College. The
installment financing contract is for a term of five years with
total payments of principal and interest in the amount of
$417,239.20.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 13.
RECOGNITION OF NEW HANOVER COUNTY HEALTH DEPARTMENT AWARDS
Chairman Greer, on behalf of the Board, recognized and
congratulated Diane Vosnock, Medical Laboratory Supervisor, for
receiving the Eastern District North Carolina Public Health
Association Laboratorian of the Year Award.
Chairman Greer, on behalf of the Board, recognized and
congratulated the New Hanover County Board of Health and Director
of Health, Robert S. Parker, for receiving the Howard 'Beard Award
from the National Association of County Health Officials for its
outstanding accomplishments in tobacco control.
Mr. John Coble, Chairman of the Board of Health, complimented
the Health Director, Robert Parker, for his outstanding work in
tobacco control and expressed appreciation to County Attorney,
Wanda Copley, for her legal assistance.
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REVIEW OF FIRE COMMISSION BY-LAWS
Commissioner Sisson, the Commissioners' representative on the
Board of Fire Commissioners submitted the following amendments to
the By-Laws, and stated the purpose for the recommendations is to
depoliticize the Board of Fire Commissioners and change the
representation of members serving on this board:
Article I: section 2.3 - Purpose: Add the following clause:
Make recommendations on such matters as the Board of County
Commissioners shall deem relevant to furnishing fire
protection within the County.
Article II: Membership and composition: Establish four districts
based on the County Planning Department's map reflecting equal
population breakdowns.
A. One member to be chosen from each District for a 3-year
term. No district representative may be associated with a
Volunteer Fire Department in that district through: (1) Past,
present, or the promise of future membership; (2) Family
relationship with a Volunteer Fire Department member including
its Board of Directors; and (3) district representatives
cannot be recruited or nominated by any Volunteer Fire
Department or its members.
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B. One member from one of the Volunteer Fire Departments in
each district; the first Volunteer Fire Department is to have
a representative to be chosen by agreement between the
district's Volunteer Fire Department every two years-so that
no one district has more than one Volunteer Fire Department
representative on the Board of Fire Commissioners.
Article III: Officers: Add the following sections:
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~INUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 604
section 2a. No officer of the Board of Fire Commissioners may
be a member of the Fire Inspections Committee.
section 3. Officers may succeed themselves for one term.
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Article IV: Meetings: Add the proposed sections:
1.5 An agenda of upcoming meetings shall be distributed to
the Board of Fire Commissioners at least one week prior to the
meeting.
1.6 An agenda must be presented to staff at least two weeks
prior to the meeting and must be accompanied by written backup
detailing the reason and rationale for the item.
1.7 Non-agenda items may be presented and limited to three
minutes. The Board of Fire Commissioners may not vote on a
non-agenda item at the meeting at which it is presented.
Article V: Miscellaneous: Add the following items:
1. The County Emergency Management Department shall act as
staff for the Board of Fire Commissioners.
2. The role of the Fire Inspections Committee shall be
limited to advice on specialized equipment and to insuring
that all departments meet the necessary ISO standards. This
committee shall not involve itself in other business of the
Board of Fire Commissioners.
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Chairman Greer reported, in his opinion, the Board of County
Commissioners and Volunteer Fire Departments have not followed the
appointment procedure as outlined in the By-Laws. The intent of
the Board of County Commissioners when establishing the Board of
Fire Commissioners was for the Commissioners to appoint four (4)
members not involved with the activities of the Volunteer Fire
Departments to serve on the Fire Commission. If the Commissioners
had followed this procedure, it is doubtful some of the present
problems would have occurred. As to whether population districts
should be established is another matter.
Further discussion was held on establishing four districts.
commissioner Sisson reported the establishment of four districts
would serve two purposes: (1) provide more equal representation on
the Board of Fire Commissioners based on population; and (2) ensure
that a district representative has no association with a particular
Volunteer Fire Department. The Board of Fire Commissioners would
be composed of nine representatives as follows:
Four (4) at-large representatives appointed by the Board of
County Commissioners.
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Four (4) representatives would be appointed by the individual
Volunteer Fire Departments based on agreement among the fire
departments. If a district should encompass two Volunteer
Fire Departments, the fire departments would have to agree
upon a representative from one of the Volunteer Fire
Departments within the district. The next available vacancy
would then be filled with a representative from the other
Volunteer Fire Department within that district.
A County Commissioner would serve as the ninth member of the
Board of Fire Commissioners.
Commissioner Sisson reported this appointment process would
force more cooperation among the Volunteer Fire Departments and
remove the politics and infighting that is now occurring.
Discussion was held on the proposed population districts.
Chairman Greer inquired as to what would happen if one Volunteer
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PAGE 605
Fire Department was in two districts?
commissioner sisson stated the district could be redrawn to
conform to the actual fire service area, or if a majority of a fire
service area was in one district, a representative would be
appointed from that Volunteer Fire Department. Each district would
have two representatives on the Board of Fire Commissioners, one
at-large member appointed by the County Commissioners and one
member appointed as a representative of the Volunteer Fire
Department.
commissioner Barone recommended appoint of a small committee
composed of members of the Board of Fire Commissioners and two
County Commissioners to reach a consensus and prepare a
recommendation to be presented to the Board of County Commissioners
for consideration.
commissioner sisson commented on the need to establish a time
frame for preparation of a recommendation if a committee is
appointed and expressed concern for the Volunteer Fire Departments
being opposed to any changes. Emphasis was placed on the number of
issues that need to be resolved and the need to fill four vacancies
that currently exist on the Board of Fire Commissioners.
commissioner Barone expressed appreciation to the Volunteer
Firemen for the fire service provided and reported the
Commissioners desire to see an equitable solution to the proposed
contract and By-Laws. Emphasis was placed on the fact that the
Volunteer Firemen are needed to provide fire service and that
decisions will have to be made that will not be agreeable to all
parties involved. The Commissioners are responsible for the
protection of monies paid by the citizens of the unincorporated
County through the special Fire Service District, and it is hoped
that appointment of a small committee will achieve a satisfactory
solution to the problems being experienced.
Consensus: After a lengthy discussion on resolving the concerns as
soon as possible, it was the consensus of the Board to appoint a
committee composed of two County Commissioners and four
representatives of the Volunteer Fire Departments to prepare a
recommendation addressing the following issues: (1) a review of
the By-Laws with consideration of the recommendations presented by
Commissioner Sisson; and (2) a review of the proposed contract with
consideration of the concerns presented by the Attorney, John J.
Burney, representing the Volunteer Fire Departments.
Recommendations are to be presented to the Board of County
Commissioners on September 7, 1993.
Consensus: After further discussion, it was the consensus of the
Board to appoint Commissioner Sisson and Chairman Greer to serve on
the Ad Hoc Committee for study and review of the By-Laws and
proposed contract.
STATUS REPORT ON THE NORTH WILMINGTON VOLUNTEER FIRE DEPARTMENT
Director of Emergency Services, Dan Summers, reported the
former North Wilmington Volunteer Department has conveyed the title
of the property back to Cape Industries. Services to north
Wilmington are still being provided by the winter Park Volunteer
Fire Department and Wrightsboro Volunteer Fire Department. No sub-
committee meetings have been held since the meeting with Cape
Industries several months ago. Due to the number of vacancies on
the Board of Fire commissioners, a full board should be in tact in
order for the subcommittee to continue to study fire coverage for
this area. In the interim, the Wrightsboro Volunteer Fire
Department and winter Park Volunteer Fire Department can continue
to provide fire service to north Wilmington; however, if the need
should arise, the County can consider temporarily contracting with
the city of Wilmington to provide fire service. After a meeting
with Cape Industries, it was concluded that another meeting should
be scheduled within three weeks for further study and review. It
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 606
was also concluded that a Volunteer Fire station should be housed
in this area since special fire equipment and fire fighting
apparatus are needed to handle industrial fires that could occur.
Mr. Bob Mack, representing Cape Industries, reported a summary
of recommendations will be presented by September 30, 1993, as
request~d by Commissioner sisson.
CONSIDERATION OF REQUEST BY THE WILMINGTON BOARD OF REALTORS TO
REQUIRE USE OF TAX PARCEL NUMBERS WHEN RECORDING REAL ESTATE
TRANSFERS
Mr. Bob Cantwell, representing the Wilmington Board of
Realtors, requested adoption of an ordinance that will require the
tax identification number being placed on a deed before
recordation. This procedure would be beneficial to all parties
involved and would be a step forward in better coordinating the
activities of the Register of Deeds, the Tax Department, and
Building Inspections Department. Currently, there is a duplication
of effort within County departments.
Assistant County Manager, Dave Weaver, reported staff feels
the usage of tax parcel identification numbers is an excellent
idea; however, time is needed to review the best method of
implementation with the current manpower and MAPS program as well
as any legal aspects of the proposal.
Discussion was held on the legality of such an ordinance.
Assistant County Attorney, Kemp Burpeau, reported Mr. Bill
Campbell, an attorney with the Institute of Government, feels that
State law setting forth recordation requirements preempts a County
Ordinance; therefore, the County would not be empowered to refuse
recordation of an otherwise recordable deed. This approach is a
very conservative reading of the law; however, after discussion
with other attorneys throughout the State, it is felt that the
filing of any lawsuits would be highly unlikely with this type of
an ordinance.
Further discussion was held on the proper method of
implementing a tax parcel identification process. Commissioner
Sisson commented on this being an excellent idea but recommended
review of the following items:
(1) will more staff time be required?
(2) will additional employees need to be hired?
(3) Is this the proper system to use, or will this type of
system have to be converted to another system within a few
years?
Commissioner Barone commented on the many talented volunteers
throughout the community and recommended the use of volunteers in
lieu of hiring additional personnel.
Mr. Robert Calder, a real estate attorney, reported 95% of
this effort is accomplished by the attorney who has performed a
title search, whether for a new mortgage; cash closing; or
refinancing. The number of persons being required to provide the
tax identification number before recording the deed would be
minimal; therefore, this should not be a problem for the present
staff.
The Registrar of Deeds, Mary Sue Oots reported when a deed is
recorded, an extra copy is made and forwarded to the Land Records
Section in the Tax Department. Many times attorneys have already
placed a tax identification number on the deeds. Eventually the
State will require the placement of Parcel-Identifier-Numbers (PIN)
on recorded deeds. As to when New Hanover County will use the PIN
system is unknown at this time. In her opinion, an ordinance can
be adopted stating the Register of Deeds office can refuse to
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PAGE 607
record any deed that does not have a tax identifier number. The
burden would then be placed upon the person presenting the
instrument for recording, not the Register of Deeds office.
Consensus: After further discussion, it was the consensus of the
Board to authorize Assistant County Manager, Dave Weaver; Registrar
of Deeds, Mary Sue Oots; a representative from the Wilmington Board
of Realtors; and a representative from the Land Records section of
the Tax Department to study the matter and present a recommendation
to the Board on September 7, 1993.
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APPROVAL OF NEW PERSONNEL POLICY IN COMPLIANCE TO THE FAMILY AND
MEDICAL LEAVE ACT OF 1993 - HUMAN RESOURCES DEPARTMENT
Assistant Human Resources Director, Mary Ann Walton, ~equested
adoption of Article VII, sections 35-41 to the New Hanover County
Personnel Policy to comply with the Family and Medical Leave Act of
1993, to become effective August 5, 1993. Under this act, eligible
temporary County employees, instead of only permanent employees as
under the County's present Personnel POlicy, will be entitled to a
paid and/or unpaid leave of absence up to a maximum of twelve (12)
weeks during any twelve-month period beginning on January 1, and
ending on December 31, subject to the conditions of the proposed
policy. Except for contract workers in the Department of Social
Services and Health Department, there are very few temporary
employees. Staff recommends approval of the policy in order to
comply with federal guidelines.
Discussion was held on the cost to the County. County Manager
O'Neal reported this is a federal requirement for any organization
with more than 50 employees. Staff has performed an excellent job
in meshing the federal requirements into the current policy with
the least amount of cost and liability to the County.
commissioner Barone reported she has been assured by the
County Manager that the proposed policy has been prepared to meet
the federal requirements, but does not exceed one step beyond these
requirements. Staff was complimented for presenting a well
developed plan.
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Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
adopt the Family and Medical Leave Policy effective August 5, 1993,
as recommended by staff.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
A copy of the policy is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 12.
RECOGNITION OF BOY SCOUT
Chairman Greer recognized Matthew Lindsey, a Boy Scout of
Troop 226, who is attending the meeting as one of the requirements
for earning a Merit Badge.
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BREAK
Chairman Greer called a break from 7:38 P.M. until 7:48 P.M.
RECOGNITION OF LEROY PITTMAN, CHAIRMAN OF UNION COUNTY BOARD OF
COMMISSIONERS, AND COMMISSIONER GENE MILLER OF GASTON COUNTY
Commissioner Barone introduced Mr. Leroy Pittman, Chairman of
the Union County Board of Commissioners, and Mr. Gene Miller, a
County Commissioner from Gaston County, who have traveled to
wilmington to be guests on the Radio Talk Show to discuss unfunded
state and federal mandates. Union and Gaston Counties are two of
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 608
six counties that have refused to pay unfunded mandates over the
previous year's level.
Mr. Leroy Pittman, Chairman of the Union County Board of
Commissioners, congratulated New Hanover County for being one of 66
counties to join the effort in the fight against federal and state
unfunded mandates. Emphasis was placed on the need for counties to
unite and say "no" to these programs which have placed a tremendous
financial burden on county governments. In order to promote this
effort, two counties have appropriated funding in the amount of
$5,000 each to be placed in a legal defense and advertising fund.
Hopefully, the Commissioners will consider participating in funding
efforts to stop unfunded mandates.
Mr. Gene Miller, a County Commissioner from Gaston County,
reported this effort began in Gaston County two years ago and many
of the citizens still do not understand unfunded mandates. The
purpose of the legal defense and advertising fund is to promote
public awareness through advertising and marketing.
commissioner Barone inquired as to the amount of money
involved for Gaston and Union Counties if the sales tax money is
withheld by the state?
Mr. Miller reported Gaston County refused to fund the June
1992 and June 1993 increases in federal and state mandated
programs; therefore, Gaston County owes $1.2 million for 1992 and
$2.2 million for 1993 for a total of $3.5 million representing
seven (7) cents on the tax rate. Either taxes must be increased or
services cut if unfunded mandates are not stopped.
Mr. Pittman reported Union County refused to pay the remainder
of unfunded mandates last year in the amount of $100,000 and the
state has begun to eliminate reimbursement of the sales tax. For
FY 1993-94, Union County refused to fund the increases in the
amount of $900,000. without funding the mandated programs, Union
County could have cut the tax rate by 11.7 cents; however, due to
mandates, the tax rate increased seven (7) cents with an overall
increase of 18 cents for the past two years. Counties cannot
continue to absorb such increases. Also, there are ten (10) states
throughout the Country who have state Constitutional Amendments
prohibiting unfunded federal mandates, and it is hoped that the
current effort will motivate the N. C. General Assembly to adopt a
similar amendment. In summary, if a federal or state program is
worthwhile, the state or federal government should be willing to
fund the program.
Mr. Miller reported this item will be discussed at the N. C.
Association of County Commissioners Conference to be held August
12-15, 1993, in Durham County.
Chairman Greer expressed appreciation for the work and effort
given to oppose federal and state unfunded mandates and urged both
County Commissioners to fully define the term, unfunded mandates,
when discussing this issue on the radio. Emphasis was placed on
the importance of the general public fully understanding the burden
being placed on local governments and the taxpayers by this unfair
practice.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE THE NORTHWEST SIDE
OF MARKET STREET (5600 BLOCK) FROM R-15 RESIDENTIAL TO B-2 BUSINESS
(Z-478, 7/93)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, and Staff Planner II, Pete
Avery, presented slides of the site and reported the Planning Board
approved the rezoning request based upon the following findings:
(1) the presence of non-residential zoning on adjoining lands; and
(2) impending road construction adjacent to the property has
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drastically reduced any residential appeal that may have once
existed.
Chairman Greer inquired as to whether anyone from the general
public would like comment on the proposed rezoning.
The following remarks were received.
Mr. Glenn Avery, representing the petitioner, Sherri R.
Forrester, requested approval of the B-2 rezoning request since it
conforms with existing land uses and the easement incorporated into
the plan will avoid any additional impact on Market street.
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Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the rezoning of seven (7) acres on the northwest side of
Market Street, 1,100 feet north of the intersection of Market
Street and Eastwood Road, to B-2 Business from R-15 Residential.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1985" is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 9B, Page
74.
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PUBLIC HEARING TO CONSIDER REZONING THE EAST SIDE OF CASTLE HAYNE
ROAD NORTH OF ASH STREET FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-
481, 7/93)
Planning Director, Dexter Hayes, reported the Planning Board
disagreed with staff's recommendation to deny the request. The
Planning Board determined the existing parcel, which is occupied by
a vacant commercial structure, would not likely be used for
residential purposes in the future. After discussion of several
options for the appropriate zoning boundary, the Planning Board
decided that all of the Wilson properties north of Ash Street
(which includes the balance of the subject parcel as well as Parcel
A) be rezoned to B-2 within 15 feet of the western right-of-way
line of Blossom Street. It was also noted that similar extensions
of the B-2 District were approved recently; therefore, this
position would not be inconsistent with those decisions.
Staff feels the proposed rezoning will impact on housing
located on the east along Blossom Street and south along Ash
Street. The County has approved expansions of the B-2 District to
the depths of several parcels along the highway but in every case
has not permitted the zoning to extend to Blossom Street. Unless
a specific use is known, or the kind of commercial activity that
would impact those residents, it would be difficult to recommend an
open-ended B-2 zoning classification. Perhaps, a conditional use
zoning would be more appropriate in this case.
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Slides were presented by Staff Planner II, Pete Avery.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Ms. Sylvia Vaughan, the petitioner, reported the property in
question belonged to her father who operated a business on this
site for years. After his death, she and her mother operated the
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 610
business until her mother had a stroke. Now, she would like to
renovate the building and re-open the store which requires a B-2
zoning classification. Due to the fear of having the entire
request denied, she only applied for this site; however, all
adjoining properties are rezoned for commercial use, therefore, if
the Board would like to consider B-2 zoning for the entire tract,
this would be appreciated.
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Chairman Greer closed the Public Hearing.
Commissioner sisson expressed concern for an open ended use
and recommended a conditional use district in order to avoid future
use of this site as a garage, used car lot, or any other type of
use that could negatively impact on surrounding properties. The
conditional use would allow Ms. Vaughan to clean-up the site and
renovate the building as well as provide protection of the site for
future use. He inquired as to whether a conditional use was
discussed with Ms. Vaughan?
staff Planner Avery reported he discussed various options with
the applicant; however, Ms. Vaughan does not have a long range plan
for the use of all the properties, particularly the property that
has been added to the petition by the Planning Board. In the
absence of any definitive use for the property, it would be
impossible to submit a conditional use rezoning since a detailed
plan and site specific use are required at that time.
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Commissioner sisson recommended development of a site specific
plan without tying it to a particular use. For example, the
conditional B-2 use on Oleander Drive, near the Methodist Church,
was originally planned for a shopping center; however, a site plan
was developed for an office building which still conforms to the
condi tional use zoning. The conditional use, in this case,
protects the neighborhood.
staff Planner Avery reported this is accurate, but the
conditional use would have to be defined in the original petition,
not the expanded version as recommended by the Planning Board.
Commissioner sisson recommended B-2 rezoning of the cross-
hatched area and stated, if someone desires to purchase the
property in the future, a specific site plan can be submitted by
the buyer with a conditional use district established for the
entire parcel.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to rezone only the cross-hatched area to B-2. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED JULY 1, 1985" is hereby incorporated as a
part of the minutes and is contained in Zoning Book II, under the
section entitled, Castle Hayne, Page 18.
APPEAL WITHDRAWN FOR B-2 BUSINESS REZONING ON LAND LOCATED ON THE
EAST SIDE OF CASTLE HAYNE ROAD SOUTH OF SHERIDAN DRIVE
Attorney Alton Lennon, representing the petitioner, Conoco,
Inc., commented on a letter written by Mr. R. H. Edman requesting
authorization to remand the petition to the Planning Board in order
to submit a conditional use district application for construction
of a car wash on the site. The petitioner feels a conditional use
petition should have been submitted originally.
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Discussion was held on the number of residents concerned about
the proposed use. Commissioner sisson inquired as to whether the
petitioner would be willing to meet with the residents of the area
prior to submitting the conditional use district application in
order to work out the differences among the residents and parties
involved.
Attorney Lennon reported he would be glad to meet with the
residents and members of the Board of Education before the
conditional use application is prepared. He apologized for the
rezoning petition being submitted in this manner.
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Ms. Trudy van Luyn, a resident of the Wrightsboro area,
inquired as to whether the persons present could express their
concerns for the proposed B-2 zoning or a conditional use petition?
Chairman Greer reported if a conditional use application is
submitted to the Planning Board, public comments will be heard at
that time.
Ms. Pat Rhodes reported the residents of Wrightsboro are
opposed to any change on the proposed site and requested the
Chairman to allow the persons present to stand up who are in
opposition to the request.
Chairman Greer allowed the persons to stand.
Motion: After further discussion, Commissioner Barone MOVED,
SECONDED by Commissioner Caster to authorize the petitioner to
remand the petition to the Planning Board for resubmitting the
petition under the County's conditional use procedures. The floor
was opened for discussion.
commissioner Sisson inquired as to whether the Planning Board
discussed the possibility of a conditional use petition?
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Planning Director Hayes reported the Planning Board did
consider a conditional use rezoning as well as limiting the size
and use of the property, but felt the request should be denied due
to the negative impact on traffic along residential streets in
adjourning neighborhoods.
Chairman Greer commented on being fair to the petitioner and
emphasized the fact that in the past, the Board has always been
aware of any negative impact to a residential community; therefore,
when the petition is resubmitted, all public comments and
considerations will be given to the surrounding communities, the
Board of Education, and administrative staff at wrightsboro
Elementary School.
After further discussion, Chairman Greer called for a vote on
the motion to allow the petitioner to submit an application for
conditional use. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
ESTABLISH A PERSONAL RESIDENTIAL CARE AND HOUSING FACILITY FOR THE
ELDERLY ON THE WEST SIDE OF MILITARY CUT-OFF ROAD NORTH OF OLD
MCCUMBER STATION ROAD (S-353, 6/93)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 612
The following persons were sworn in:
Matthew Antell
David Polston
.
Planning Director, Dexter Hayes, reported the Planning Board
voted to grant the Special Use Permit for construction of a
personal care and residential facility for the elderly on Military
Cut-Off Road. One adjoining property owner appeared before the
Plarming Board with concern for adequate buffering and on-site
drainage management.
Chairman Greer inquired as to whether anyone present would
like to comment.
The following remarks were received:
Mr. Matthew Antell, President of First Americare Corporation,
reported on the importance of providing services for the elderly in
an apartment setting with the delivery of supportive services to
encourage older adults to maintain an active life expectancy to the
highest levels of functioning. Each unit will provide independent
living quarters that include a living/dining room, bathroom,
kitchen, closets, entry area and balcony. A total of 58 parking
spaces are provided. Emphasis was placed on the need to provide
our older adults living quarters with a non-institutional setting
which encourages independence in otherwise partially or wholly
dependent residents. The Commissioners were requested to grant the
Special Use Permit.
.
Commissioner Sisson reported on the need for a facility of
this type in New Hanover County and recommended placing the
following conditions on the Special Use Permit: (1) require outside
lighting to be shielded and directed away from existing residential
structures; (2) require turn lanes along Military Cut-Off Road to
serve the site; and (3) require an on-site retention plan to be
implemented which will retain the first inch of run-off generated
by a storm.
Planning Director Hayes reported the County does not have
specific standards in the special use process, but conditions can
be imposed as recommended by Commissioner sisson. The N. C.
Department of Environment, Health, and Natural Resources will
review the drainage plan and the N. C. Department of Transportation
will have to approve an additional turn lane. As to lighting, this
condition can be placed in the Special Use Permit.
Mr. David Polston reported any project of this size requires
control of storm water management; therefore, a plan will be
prepared to control the run-off with a retention pond on the back
side of the site.
Commissioner Sisson inquired as to whether a lighted sign will
be placed on the property?
.
Mr. Antell reported the sign will be a form of accent
lighting, probably with use of ground lights.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit based upon the evidence presented
and findings of fact meeting the four general requirements
contingent upon the following conditions: (1) request DOT to
install a turn lane; (2) storm water retention plan be implemented
after construction to retain the first inch of run-off generated by
a storm; and (3) restrict lighting of the sign to protect
surrounding neighborhoods. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 613
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
Absent: Vice-Chairman Mathews
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 5.
()
PUBLIC HEARING TO CLOSE AN UNNAMED ROAD STUB IN EASTWIND
SUBDIVISION
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the unnamed road
stub is located approximately 400 feet north of the intersection of
Cross Creek Road and Eastwind Road. The road is unpaved but has
been marled for use by adjoining property owners as a private
driveway. It is 190 feet in length and includes a 60 foot right-
of-way. The adjoining property owners have requested closure of
road stub.
After review, the Planning Staff recommends leaving the road
stub open because future plans to connect or extend this road
through the Lockamy property are unknown at this time. Despi te the
uncertainty of development for adjoining lands, options should be
left open regarding traffic circulation opportunities in the area.
This stub is the last available connection point to adjoining
properties from Eastwind Road. Previous design decisions for two
other road stubs in this subdivision have effectively precluded
other connections. The local traff ic should be dispersed to
multiple access points, not concentrated at a limited number of
intersections. This dispersal approach allows traffic burdens to
be more evenly distributed as well as provide an alternative access
route for emergency response. Also, as a matter of information,
property south of this site is being subdivided for a new
subdivision.
()
Chairman Greer inquired as to whether anyone present would
like to comment.
The following remarks were received:
Mr. Robert A. Simmerman requested closure of the road stub for
the following reasons: (1) safety; (2) adverse effects with
drainage; and (3) an opportunity to make personal improvements to
the road stub. Twenty-two children under the age of 13 live within
the distance of the intersection. Persons unfamiliar with the
neighborhood cannot see around the curve and drive above the speed
limit, which increases the possibility of hitting a child. If this
road stub remains open and is used as a connector, this will become
a safety hazard. The site is very low with severe drainage
problems experienced during storms and hurricanes. If given the
opportunity, he would like to improve this road stub by piping in
the ditch.
Mr. Donald Jordan requested closing the road stub because of
drainage and reported the entire neighborhood feels the road should
be closed. Also, the present lots do have adequate access;
therefore, the road stub is not needed. The original owner of the
land, Mr. Lockamy, never intended for the road to run through the
subdivision because his property will be inherited by his children
who will not want a road running through the property. The
Commissioners were urged to close the road stub as petitioned.
n
Mr. Steve J. Urban commented on the 100 houses in the area
that have no problem with egress and ingress and expressed concern
for the County Planning staff feeling this stub should remain open
for future use as a road that would generate traffic into a nice
quiet neighborhood.
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 614
.
commissioner Caster inquired as to whether the right-of-way is
private or public?
Planning Director Hayes reported when a subdivision map is
platted and recorded there is an offer for public use of the right-
of-way; therefore, the easement remains in this state until it is
accepted by a public agency.
Mr. steve J. Urban inquired as to the logic of closing the
right-of-way along Parcel E?
Planning Director Hayes reported this right-of-way is not
legally closed; however, when Surrey Downs was developed, the road
stub became useless because it had no place in which to connect.
Commissioner sisson expressed concern for development of an
area that allows Mr. simmerman's property to be flooded during
heavy rainfall and recommended review of drainage requirements in
the subdivision approval process.
Mr. Simmerman reported this area has been flooded three times
in eight years; however, regular rains have eroded a portion of the
front yard which has required fill dirt and construction of a wall
to avoid further erosion. Grass has been planted along the road
stub and he has maintained this embankment. He would like to pipe
in the ditch along the side of his yard to protect his lot from
flooding.
commissioner Caster expressed concern for the drainage and
reported he has actually seen the amount of flooding that occurs on
Mr. simmerman's property.
.
Planning Director Hayes reported many problems have been
experienced with drainage in this subdivision. When the
subdivision was designed there were changes made in the drainage
installation which utilized the roadways for carrying the drainage
water instead of being channeled to the lower areas on the back of
the lots.
Ms. Donald T. Jordan expressed concern for not being able to
make improvements without the road stub being closed.
Chairman Greer closed the Public Hearing.
Commissioner Barone expressed concern for future fire
protection to surrounding neighborhoods with the closing of the
road stub.
Commissioner Caster reported if road stubs were not placed in
appropriate places, there would be nothing but cul-de-sacs
throughout the entire County, which would provide a problem for
administering emergency services.
.
Motion: After discussion of the unknown plans for development of
the property, Chairman Greer MOVED, SECONDED by Commissioner Barone
to uphold the Planning Staff's recommendation and allow the road
stub to remain open. Upon vote, the MOTION RECEIVED A TIE VOTE AS
FOLLOWS:
Voting Aye: Commissioner Barone
Chairman Greer
Voting Nay: Commissioner Caster
Commissioner Sisson
Absent: Vice-Chairman Mathews
Due to a tie vote, no action was taken and the Public Hearing
was continued until September 7, 1993, in order to allow the
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 615
citizens to have another opportunity to express their concerns when
all five County Commissioners are present.
BREAK
Chairman Greer called a break from 10:18 P.M. until 10:26 P.M.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER , SEWER DISTRICT
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a meeting of the Water &
Sewer District. Upon vote, the MOTION CARRIED AS FOLLOWS:
()
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer convened from Regular Session at 10:31 P.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer reconvened to Regular Session at 10:29 P.M.
()
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF MAIL RECEIVED BY COUNTY COMMISSIONERS
Commissioner Sisson reported on the receipt of poison pen
letters and recommended filing these letters with the County
Attorney for future reference if the need should ever arise.
DISCUSSION OF FUNDING SOURCE FOR THE GLOBAL TRANS PARK
Commissioner Sisson reported on meeting with Wayne Ziegler to
discuss the Committee of 100's resolution relative to the Global
TransPark at which time he was informed the N. C. House was not
pleased with using the sales tax as a funding source for the
project. He inquired as to whether Commissioner Barone has been
notified of another funding mechanism?
commissioner Barone reported the 1% sales tax was not well
received in the N. C. House of Representatives; however, funds were
approved by the State Legislature and it appears that a $5.00
license plate fee for a period of one year is the funding
mechanism. Once written notification is received, the Board will
be informed.
INVITATION BY THE HUMAN SERVICES TRANSPORTATION ADVISORY BOARD FOR
COUNTY COMMISSIONERS TO RIDE TRANSPORTATION VEHICLES
Assistant to the County Manager, Pat Melvin, reported the
Human Services Transportation Advisory Board would like to invite
the Commissioners to celebrate the receipt of the new van for the
Human Services Transportation System and at the same time schedule
a ride on one of the vehicles with the clients to actually see the
services being provided by the system.
()
After discussion, Ms. Melvin was requested to select dates
that would be convenient with the Transportation System and work
with the Clerk in scheduling rides. Once dates are selected, the
press will notified.
.
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 616
ADDITIONAL ITEMS - COUNTY MANAGER
ACCEPTANCE OF THE 1993-94 HUD GRANT
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone
to accept the 1993-94 HUD Grant in the amount of $17,000 to
administer the Fair Housing Assistance Program and to approve the
following Budget Amendment.
Human Relations Department - HUD Grant
Debit
Credit
Human Relations Department
HUD Grant
$17,000
Human Relations Department
Travel
Contracted Services
$ 5,000
$12,000
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
COUNTY EMPLOYEE PICNIC SCHEDULED FOR OCTOBER 6, 1993
County Manager O'Neal announced a County Employee Picnic will
be held in lieu of County Fun Day and requested the Commissioners
to select a date. Hot dogs and hamburgers will be cooked by the
Management Team.
Consensus: After discussion, it was the consensus of the Board to
schedule the County Employee picnic on October 6, 1993, at Hugh
MacRae Park from 11:30 A. M. until 2:00 P.M.
ACQUISITION OF WATER & SEWER SYSTEMS OWNED BY ASSOCIATED AND C & L
UTILITIES AND THE NORTHCHASE WATER AND SEWER SYSTEMS
County Manager O'Neal reported on discussion of proposals
presented in Executive Session on July 26, 1993, relative to the
purchase of water and sewer systems from Associated and C&L
utilities and NorthChase. In Executive Session, staff was directed
to negotiate a better price for the purchase of the Associated and
C&L systems; however, after discussion, the seller would not reduce
the offer. Staff recommends proceeding with the purchase of the
systems as proposed.
Discussion was held on the financing for the purchase of the
water and sewer systems. Finance Director, Andrew J. Atkinson,
reported staff would like to purchase the systems without
financing. Once the year end figures have been completed, staff
will determine if the systems can be paid out of the fund balance,
and if not, a 2-year financing arrangement will be developed.
Motion: After discussion of the need to hire additional employees,
which has been included in the cost, Commissioner Sisson MOVED,
SECONDED by Commissioner Barone to purchase the following three
water and sewer systems as recommended by staff:
2 W&S Systems owned by Associated and C&L utilities
Cost
$280,000
The NorthChase Water & Sewer Systems
(This figure is for the existing 350 customers plus
$600 for each add'l customer up to a total of 1,200.)
$350,000
Upon vote, the MOTION CARRIED AS FOLLOWS:
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MINUTES OF REGULAR MEETING, AUGUST 2, 1993
PAGE 617
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
Absent: Vice-Chairman Mathews
ADJOURNMENT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer adjourned the meeting at 10:50 P.M.
Respectfully submitted,
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Clerk to the Board
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