1991-02-04 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 4, 1991
ASSEMBLY
The New Hanover County Board of Co~nissioners 'met in Regular
Session on Monday, February 4, 1991, at 7:30 o'clock P.M. in the
Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were:
Robert G. Greer; William H.
Jr.; Chairman Fred Retchin;
Attorney, Robert W. Pope;
Harrell.
Commissioners Jonathan Barfield, Sr.;
Sutton; Vice-Chairman E. L. Mathews,
County Manager, Allen O'Neal; County
and Clerk to the Board, Lucie F.
-.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend E. J. George gave the invocation.
Chairman Retchin led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to present an item not listed on the Regular Agenda or
discuss an item listed on the Consent Agenda. No one corrunented
or presented an item.
APPROVAL OF CONSENT AGENDA
Motion: ' Commissioner Greer MOVED, SECONDED by Vice-Chairman
Mathews to approve the Consent Agenda as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
CON~EN!r AGENDA
.
Approval of Minutes
The Con~issioners
Meeting of January 22,
Board.
approved the minutes of the Regular
1991, as presented by the Clerk to the
Approval of Upgrade for the Part-time Juvenile Attendant I
Position at the Juvenile Services Center
The Commissioners approved upgrading the part-time Juvenile
Attendant I position to a full-time position. Funds are
available in the Juvenile Center's budget for the remainder of
the fiscal year; however, the upgrade will impact future budgets.
Acceptance of the "Disposals of Personal Property" Report
Finance Department
The Co~nissioners accepted the "Disposals of Personal
Property" report in accordance with G.S. 160A-266(c) for the
period of July 1, 1990, through December 31, 1990, as submitted
by the Finance Director.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 32.
Budget Amendment #91-0138 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into
the minutes:
.
91-0138 A.ging
Debit
Credit
Aging/Administration
Reynolds. Grant
$5,000
Aging/Nutrition - Home Delivered
Meals - Reynolds
$5,000
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Purpose: To budget a one-time grant from the Kate B.
Health Care 'l'rust for the Department of Aging to
Reynolds
expand a
,MINUTES OF REGULAR MEETING, FEBRUARY 4, 1991 (CONTINUED)
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home-delivered meals program. ~lle grant application was approved
by the COlTunissioners on December 17, 1990.
Approval of Budget Amendment ft19-0143 Food Bank of Coastal
Carolina
The Co~nissioners approved the following Budget funendment:
91-0143 Non-Departmental/Outside Agencies/Uwnan Services
411tn-Departmental
Contingencies
Debit
Credit
$10,000
Outside Agencies/Human Services
Food Bank of Coastal Carolina
$10,000
Purpose: To allocate $10,000 to the Food Bank of Coastal
Carolina as approved by the Commissioners on January 7, 1991. At
the beginning of the fiscal year, an amount of $40, OOU was set
aside in contingencies for the following food groups:
Food Distribution Center
Community Food Center
$10,000
$10,000
Note: Funding in the amount of $10,000 remains in contingencies
for future allocation.
Approval of Budget Amendment fl91-0150 Corrununity Based
Alternatives Agencies
The Commissioners approved the following Budget funendment:
91-0150 Corrununity Based Alternatives Agencies
e
Debit
Credit
CBA Agencies
Brainstorming with AKA
$7,024
CBA Grants
Cape Fear Substance Abuse Center
After School Enrichment Program
$3,915
$2,112
$ 997
Purpose: To adjust CBA funding for the following reasons:
Brainstorming with AKA had available funds of $7,024 when it
closed its program and the state reduced County funding by
$3,915. The reduction in state funding was taken from the unused
AKA funds. This left a balance of $3;109 to be expended. The
Human Services Allocation Advisory Committee recolTunended at its
January 8, 1991, meeting to allocate the available funds to
existing CBA programs as follows:
-Cape Fear Substance Abuse Center
Crisis Line/Open House $2,112
-Family Services/After School
Enrichment Program $ 997
eJPrOVal of Budget Amendment <<91-0151 - Planning Department
The Corrmissioners approved the following Budget funendment:
91-0151 - Planning Department
Debit
Credit
Planning Department
CAMA State Grant
$16,914
Salaries & Wages
Advertising
Postage
Printing
Departmental Supplies
Training and Travel
CAMA Flow
Capital Outlay - Equipment
$ 4,124
$ 350
$ 250
$ 1,500
$ 800
$ 650
$ 2,740
$ 6,500
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Purpose: The North Carolina Coastal Management Program grant has
been received for $21,914, which is $16,914 more than the $5,000
budgeted. This budget amendment will budget the additional funds
to be used for temporary salaries and related expenses and for a
computer upgraqe.
Approval of Budget Amendment U91-0152 - Board of Elections
The COfTUllissioners approved the following Budget Amendment:
91-0152 Board of Elections
Debit
Credit
(J
"--
Board of Elections
Fees
$11,300
Contracted Services
Printing Charges
Postage
Telephone Expense
Rent
$ 7,080
$ 3,500
$ 20
$ 200
$ 500
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Purpose: To budget for a City of Wilmington bond referendum,
which will be held on March 19, 1991, for the expansion of the
Water Plant and new ~onstruction. The City will reimburse the
County for the cost of the referendum.
Budget Amendment #91-0154 Reported for Entry Into the Minutes .
The Corrunissioners approved the following Budget Amendment:
91-0154 Non-Departmental/Hwnan Relations
Debit
Credit
Non-Departmental
Contingencies
$771
o
Human Relations
Contracted Services
$771
Purpose: To adjust Human Relations' budget for the final paYment
of attorney fees related to a discrimination hearing. Note: On
December 4, 1989, the Corrunissioners approved allocating funds for
expenditures related to the hearing with a $5,000 limit. .~o date
a total of $2,985 has been spent on the hearing. .
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Approval of Budget Amendment #91-0158 Department of Social
Services
The Corrunissioners approved the following Budget Amendment:
91-0158 Social Services
Debit
Credit
DSS/Administration
DSS Administrative Grants
$15,809
DSS/CP&L Intervention Program
Assistance Payments
." . ~
$15,809
()
Purpose: Received additional
Intervention Program.
allocation
for the -'CP&L
Adoption of Proclamation Designating the Week of February 16,
1991, as "CHILD PASSENGER SAFETY" WEEK
The cOfTUllissioners adopted a proclamation designating the
week of February 16, 1991, as "Chi ld Passenger Safe ty \-leek" < in
New Hanover County.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XVIII, Page 32.
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Acceptanqe of Title III-C Grant Monies for the Department of
Aging Congregate and Home Delivered Meai Programs and Approval of
Budget Amendment #91-0160
The COIpmissioners accepted the Title III-C monies for the
Department of Aging Congregate and Horne Delivered Meal Programs;
authorizp.d the Chairman to execute the docwnents; and approved
the following Budget Amendment:
91-0160 Aging
.ing/Administ~ation
Nutrition - Federal/State
Debit
Credit
$441
Aging/Nutrition - Home Delivered
Contracted Services - Meals
$ 62
Aging/Nutrition - Congregate
Contracted Services - Meals
$379
Purpose: To adj ust budget
from Cape Fear Council of
congregate meals.
for additional
Governments for
allocation received
home-delivered and
PRESENTATION OF RESOLUTION TO THE FAMILY OF COMMISSIONER CARL T.
DURHAM
Chairman Retchin, on behalf of the Board, read and presented
a resolution to the family of Carl T. Durham in memory of his
service to the co~nunity.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 32.
.fIDGET PRESENTATION BY BErry CIlEl\.'l'II.N1, SECHETARY OF TIlE FOOD BANK
COASTAL CAROLINA, INC.
~- Ms. Betty Cheatham, Secretary of the Food Bank of Coastal
Carolina, lnc., requested the Board to transfer funds in the
amount or: $4,942.31 recently received by the County from the
United States Department of Agriculture (USDA). She stated each
year USDA places values on commodities that are distributed by
the Food Bank and assesses the program to a percentage of that
value. Expendi tures of operating the program always exceed the
income return; therefore, at the end of the fiscal year the funds
remainin1" are pro-rated and divided among the counties. Last
year the Food Distribution Center received a similar return from
USDA for their share of food distributed; therefore, the funds
being requested are ndt an additional budget request.
A lengthy discussion was held on whether to release the
funds to the Food Bank. COIrunissioner Barfield inquired as to how
these funds would be used. Mr. Don Haaning, a member of the Food
Bank Board of Directors, commented on the inunediate need for
purchase of a freezer and stated the funds will be used for this
purpose.
Corrunissioner Greer expressed concern for transferring the
_nds which,. are over and above the budget allocCl tion for the
'90-91 Fiscal Year. He requested in the future that some method
. ,._1: reporting be established to outline the needs of the food
agency during the budget process in order to avoid additional
funding requests during the budget year.
Motion: After discussion of earmarking the funds for a specific
purpose, Chairman Retchin MOVED, SECONDED by COllunissioner
Barfield to release the funds received from USD1\ in tne amount of
$.4 , 942. 31 'to the Food Bank of Coastal Carolina, Inc. for the
specific purpose of purchasing a freezer. Upon vote, the NOTION
CARRIED AS FOLLOWS:
Voting Aye: COlllmissioner Barfield
Commissioner Sut.ton
Vice-CllainllCln Mathews
Chairllli1n Hetchin
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REGULAR MEETING, FEDHUAHY 1\, 1991 (CONTINUED)
Voting Nay: Crnrunissioner Greer
APPOINTMEN'r OF MS. SUSAN M. MORGAN '1'0 FILL TIlE VACANT 4-H AND
YOUTH AGENT POSITION FOR THE AGRICULTURAL EXTENSION SERVICE
OFFICE
Ms. Everett Prosise, District Extension Director, cOlrunented
on the need to fill the vacant 4-H and Youth Agent position for
New Hanover County and reconunended appointment of Ms. Susan M.
Morgan. The starting salary for this position would be $32,000
with the County funding $15,500 and the state funding $16,500.
No additional funds will be needed in the current fiscal year.
o
Commissioner Barfield expressed concern
increase in salary and reco~nended filling the
the current salary of $23,000 instead of
additional increase being considered during
process.
for the proposed
vacant position at
$32,000 with the
the 1991-92 budget
Mr~ Prosise commented on the experience of
and stated her outstanding qualifications
abilities have been proven and should be
determining the salary.
Ms. Susan Morgan
and leadership
considered when
Motion: After discussion of a compromise, Chairman Retchin MOVED
to approve filling the -vacant 4-H and Youth Agent position at a
salary level of $27,500 for the remainder of the current fiscal
year with the proposed increase of salary being considered during
the budget process. The MOTION DID NOT CARRY DUE TO NOT
RECEIVING A SECOND.
Motion: After further discussion of the impact of the proposed
salary upon future budgets, COlmnissioner Greer MOVED, SECONDED by
Vice-Chairman Mathews to approve funding for filling the vacant
4-H and Youth Agent position at the increased salary level of ()
$ 3 2,000 for the remainder of the current year only with no ""_
funding commitment for the 1991-92 fiscal year. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Conunissioner Greer
Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Voting Nay: Crnrunissioner Barfield
PUBLIC HEARING TO CONSIDER REZONING PHOPERTY ON TIlE WEST SIDE OF
U. S. HIGHWAY 421 SOUTH OF MONKEY JUNCTION TO A DEPTH NOT TO
EXCEED 300 FEET ADJACENT '1'0 THE EXPANDED RIGHT-OF-WAY OF CAROLINA
BEACH ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-425)
Chairman Retchin opened the Public Hearing.
Staff Planner, Pete Avery, presented a slide showing a map
and the location of the proposed rezoning reques t.
Planning Director, Dexter Hayes, stated this item first
appeared before the Planning COIlunission in November, 1990;
however, the Co~nission requested the applicant, Myrtle Grove 0
Volunteer Fire Department, to refile this proposal as a
conditional use district petition. 'The Commission felt the
request could be more fairly judged if submitted with a site plan
ra ther than as a general use reques t. 1\ B- 2 rezoning (aeneral
use) petition was filed at the ,January Planning COl1unission
~eeting. After debate on the general use rezoning being
inappropriate based on surrounding residential land uses, the
Planning COl1unission decided the existing B-2 District in this
area (which measures 300 feet in deptll) should be widened because
of the right-of-way expansion that will be needed to accoIlunodate
the new service road which wlll reduce the total width of the B-2
District making it more difficult to develop. Thus, the Planning
Commission recrnrunends the B-2 District on this side of the road
be expanded a measured distance not to exceed 300 feet from the
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MINUTES OF REGULAR MEETING, FEBRUN~Y 4, 1991 (CONTINUED)
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newly expclnded rignt-of -way of U. S. Highway 421. Also, the
Myrtle Grove Volunteer Fire Department I s property in the B-2
District be expanded, but only to a distance equal to the
additional width of the right-of-way needed for the new service
road. He also presented and discussed the recrnrunendation of the
Planning Staff and Planning COlTunission.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of the rezoning request. The
Following person commented:
. Mr. Lou Ma ttes , Chi e f of the Myr tle Grove Vol un teer Fire
Departme'lt, stated the commercial growth and traffic pattern
changes at Monkey Junction have created a traffic hazard when
responding to fires. He requested approval of the rezoning in
order to construct a new fire station on the property purchased.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. The
following person commented:
Mr. Joseph Williams, an adj acent property owner, strongly
objected to the proposed rezoning and stated the fire station can
be renovated to meet future growth needs on its present site. He
also expressed concern for purchasing residential property for
retirement purposes and stated he does not desire to live next to
a fire station.
Chairman Retchin closed the Public Hearing.
Vice-Chairman Mathews inquired as to the buffer on the north
side of the property. Planning Director Hayes stated the buffer
areas are heavily vegetated.
.tion: After a lengthy discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Sutton to approve the B-2 rezoning as
originally requested by the petitioner. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED APRIL 7 , 1971" is hereby
incorporated as a part of the minutes and is contained in Zoning
Book I, Section 4, Page 31.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR AN
EXISTING NON-CONFORMING COMMERCIAL MARINA AND MARINE LUMBER SALES
FACILITY AT 2103 MIDDLE SOUND LOOP ROAD (5-328)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board. The following person was sworn in:
Attorney Carter T. Lambeth
Planning Director, Dexter Hayes, stated the applicant seeks
4Wpecial Use Permit for an existing "non-conforming" cOllunercial
ina and an existing marine lumber sales operation. The sale
the marine lumber was started on this site after the adoption
of zoning for the property. The Planning Commission voted to
approve granting a Special Use Permi t based upon the following
conditions:
A. Existing non-conforming uses may not be expanded.
B. Bufferyards must be established along adjoining residential
property boUndaries as outlined in Section 67 of the Zoning
Ordinance.
C. The total nUlober of boat slips Illay not exceed 16. l Six
slips are covered and ten are uncovered.)
D. A sign, not to exceed 6 square feet, will be permitted.
E. The parking lot must comply with off-street parking land-
scaping requirements, but it shall not be paved.
F. Marine repairs and incidental business activities mav not-
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OF REGULAR MEETING, FEBRUARY 4, 1991 (coN'riNUED)
be cunuucted after ~:OO P.M.
G. A marine hardwood sales facility will be permitted, pro-
vided the building housing this operation does not exceea
240 square feet (20 ft. x 12 ft.). Outside storage
associated with this sales facility will also be permitted,
provided it is limited to an area not to exceed 20 ft. x 50
ft.
H. If night lighting is to be utilized, then only directional
lighting will be allowed.
Planning Director Hayes presented the following Staff
findings:
o
General Requirement # 1: The proposed use will not materially
endanger the public health or safety if located and developed as
proposed based upon the following findings:
1. The marina, consisting of 16 boat slips, boat repairs, and
storage, has existed on this site since the 1940's. A marine
hardwood lumber sales operation was started on the site after the
initial zoning was established in 1970. It should ,be noted that
shellfishing waters are typically closed to harvesting around all
marina facilities because of poor water quality.
2. The site has direct access to Middle Sound Loop Road.
3. The site is located within the Ogden Volunteer Fire
Department District.
General Requirement 1t2: The proposed use meets all required
conditions and specifications based upon the following findings:
1. Con@ercial marinas and related accessory uses are permitted
by Special Use Permit in the R-20S Residential Classification. 0
This property is zoned R-20S. ~
2. A total of" 31 off-street parking spaces are illustrated on
the site plan. This exceeds the minimum number required for J 6
boat slips.
3. No night lighting is shown on the plan, nor are any
bufferyards.
General Requirement 1t3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findin~s:
1. Special Use
commercial marinas
property.
Permits
located
have previously
north of and
been issued
southeast of
for
this
2. Adjoining property owners did not voice any objection to the
facility and its accessory uses.
General Requilement #4: The proposed use will be in harmony with
the area based upon the following findings:
1. The si te is loca ted adj acen t
Conunercial marina acti vi ties have
since the 1940's.
to a canal and boat channel.
been conduc ted on this site
o
2. Other conunercial marina f aci Ii ties are loca ted nearby.
Chairman Retchin asked if the petitioner or any other
persons would like to speak in favor of granting the Special Use
Permit. The following person commented.
Attorney Carter
s. Nelson, requested
sale of hardwoods
conditions and staff
Lambeth, representing the petitioner Roger
approval of the Special Use Permi t for the
and stated the petitioner agrees with
findings as presented.
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MINUTES OF REGULAR MEETING, FEBRUARY 4, 1991 (CONTINUED)
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Chairman Retchin asked if anyone from the general public
would like to speak in opposition to granting the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Sutton to grant the Special Use Permit based upon
the evidence and findings of fact meeting the general
e requirements and contingent upon the conditions as listed. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book I, Page 45.
PUBLIC HEARING TO CONSIDER A REQUEST TO REMOVE THE SPECIAL
HIGHWAY OVERLAY DISTRICT RESTRICTIONS FOR THE AREA ALONG NORTH
COLLEGE ROAD BETWEEN THE CORPORATE LIMITS OF WILMINGTON AND U. S.
HIGHWAY 17 (Z-428 - AN APPEAL)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the petitioner seeks
to reduce Special Highway Overlay District (S.H.O.D.) coverage on
a portion of N. c. 132. After review, the Planning Commission
decided that S.H.O.D. restrictions were probably not intended to
regulate major commercial nodes, especially those nodes that were
far removed from the scenic vistas and natural areas more evident
north of the site; therefore, the Planning Commission approved
removal of the S.H.O.D. boundary in this area.
Staff Planner, Pete Avery, presented slides showing the
removal of S.H.O.D. restrictions as requested by the petitioner
and as recommended by the Planning Commission and the Planning
Staff.
ei Chairman Retchin asked if the petitioner or anyone from the
'= general public would like to speak in favor of remOVing the
S.H.O.D restrictions. The following person co~nented:
Attorney Dan Mahn, representing the petitioner, Pat Wooten,
commented on S.H.O.D. limiting the use of the property and
requested that these restrictions be removed from this piece of
property.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to removi~g the S.H.O.D
restrictions. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to approve the Planning Staff's
recommendation which is to amend the Special Highway Overlay
District Classification from the area on N. C. Highway 132
between U. S. Highway 17 and the N. C. Highway 132 intersection
and a tr ibu tary of Smith Creek north of Corning. The boundary
removed measures 500 feet in depth on each side of the
right-of-way of N. C.Highway 132. Upon vote, the MOTION CARRIED
e UNANIMOUSLY.
-- A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9-A OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972" is hereby
incorporated as a part of the minutes and is contained in Zoning
Ordinance Book II, Section 9-A, Page 32.
PUBLIC HEARING TO CONSIDER A REZONING 1.19 ACRES ON THE WEST SIDE
OF U. S. HIGHWAY 117 TO R-20 RESIDENTIAL FROM RA RtJRAL
AGRICULTURE (Z-426 - AN APPEAL)
Chairman Retchin opened the Public Hearing.
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Planning Director, Dexter Hayes, stated the application was
before the Planning Commission in December, 1990. The applicant
pointed out that rezoning the property to R-20 would enable him
to locate an additional dwelling unit on the site. The Planning
Commission determined that because --the applicant lacked only a
few thousand square feet of land area needed to locate another
structure on the si t~, he should seek a variance in lieu 'of
rezoning. The applicant discussed the possibility of a variance
with County Zoning Enforcement personnel with the determination
tha t a variance would probably not be granted; therefore, the
petitioner refiled the original rezoning request. The Planning
Commission voted to deny the rezoning request based upon
encourag.Lng "spot" zoning.
c-
Chairman Retchin, asked if
would like to speak in favor
following person co~nented.
anyone from the general public
of the rezoning request. The
Mr. Terry Turbeville, the petitioner, requested the Board to
approve the rezoning in order to place a mobile home on the lot
for occupancy by a friend in need of medical care.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. No
one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the difference between R-20
Residential and R-15 Residential and the fact that the property
across the street is zoned R-15 Residential, Co~nissioner Sutton
MOVED, SECONDED by Vice-Chairman Mattlews to approve rezoning 1.19
acres on the west wide of U. S. Highway 177 to R-15 Residential
contiguous to property located across the street from RA Rural
Agriculture. Upon vote, the MOTION CARRIED UNANIMOUSLY.
o
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 of Castle Hayne, Page 14.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY AT THE SOUTHWEST
CORNER OF U. S. HIGHWAY 17 AND COUNTRY HAVEN DRIVE TO 0-1 OFFICE
AND INSTITUTION FROM R-15 RESIDENTIAL (Z-428 - AN APPEAL)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the applicant seeks
to establish a-I Office and Institution zoning. Although
property north of this site is zoned 0- I, the Planning COlTunission
did not believe additional 0-1 zoni11g along this section of U. S.
Highway 17 would be consistent with land use policies for
non-residential develoRnent uses.
Chairman Retchin asked if
would like to speak in favor
following persons cOlmnented:
anyone from the
of the rezoning
general public
request. The
Mr. Larry Holden, representing the petitioner, Donald
Caison, presented background information on the proposed rezoning
and stated the proposed change would be consistent with the
County's policies for growth and development; the rezoning would
be consistent with the County's Land Classification map; and the
proposed rezoning would not negatively impact upon surrounding
neighborhoods. He respectfully requested approval of the
rezoning in order to allow the property owner to utilize the site
to its highest and best use.
o
Mr. Donald Caison, the property owner, conunented on
surrounding office and institution property and stated the
purpose of the rezoning request is to allow him to continue to
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MINUTES-OF REGULAR MEETING, FEBRUARY 4, 1991 (CONTINUED)
:3~49
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sell rei.11 estate. He stated when constructing the building,
there was a misunderstanding with the Inspections Department as
to the definition of "temporary" and since that time he has been
informed that the building cannot be used except for the purpose
of promoting the Country Haven Subdivision; therefore, he cannot
utilize this structure for other real estate appraisal and sales
services. He stressed the importance of being able to continue
to sell real estate and requested approval of the rezoning
request.
. Chairman Retchin expressed concern
dditional office and institution zoning
recommended that the petitioner refile
conditional use district.
for
in
his
the need of
this area and
petition for a
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. No
one commented.
Chairman Retchin closed the Public Hearing.
Commissioner Barfield commented on of,fice and institution
zoning being the only appropriate zoning in this area since the
property is no longer desirable for residential use.
Motion: After discussion of B-2 Business zonina being far more
negative to surrounding neighborhoods in comparison to office and
institution zoning, Co~nissioner Barfield MOVED, SECONDED by
Co~nissioner Greer to approve the 0-1 Office and Institution from
R-15 Residential as requested by the petitioner. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEH HANOVER
.MENDING THE ZONING MAP OF ZONING AREl\ NO. 8B OF NEW HANOVER
OUNTY, NORTH CAROLINA ADOPTED JULY 7, 1972". is hereby
incorporated as 'a part of the minutes and is contained in Zoning
Book II, Section 8-B, Page 35.
PUBLIC HEARING FOR CONSIDERATION OF TIlE CI'l'IZEN PARTICIPATION
PLAN FOR THE 1991 LAND-USE PLAN UPDATE
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, presented the citizen
Participation Plan for the Wilmington/New Hanover 1991 Land-Use
Plan Update. He stated the plan has been approved by the
Wilmington City Council and requested the COlrunissioners to
adopt the plan as presented. The following items were discussed:
1. Functions of Public Participation
(a)
(b)
(c)
(d)
. (e)
( f )
( g)
(h)
( i)
( j )
(k)
( I)
(m)
2. Public Participation Process
Completion of a CAMA Land use Plan Explanatory
Brochure.
Articles in city & County Quarterly Publications.
Graphic Displays.
Cily & County Departments and Boards & Co~nission
Notification.
Media Coverage.
Mailing List of Concerned citizens.
Initial Hearings on the Planning Process.
Telephone Survey of Registered Voters.
Presentation of Technical Studies.
Land-Use Issues Week.
Land-Use Plan Week.
Public Hearings.
Presentation to citizen Groups.
3. Schedule of citizen Participation Activities
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the Citizen
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(' ~'GTES OF REGULAA MEETING, FEBRUARY 4, 1991 (CONTINUED)
I
Participation Plan for the 1991 Land-Use Update.
commented.
No one
Chairman Retchin closed the Public Hearing.
Chairman Retchin, on behalf ~f the Board, complimented the
Planning Department for an excellent plan and encouraged the
Planning Staff to seek as much public participation as possible
during the Land Use Plan Update.
:\~
Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED ) )
by Corrunissioner Barfield to adopt the Wilmington/New Hanover
Citizen Participation Plan for the 1991 Land-Use Plan Update as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the plan is hereby incorporated as a part of the
Ininutes and is contained in Exhibit Book XVIII, Page 32.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT
TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS '1'0 PROPERTIES ALONG A
PORTION OF MARKET STREET ( FUTCH CREEK ROAD NORTHEAS'l' '1'0 THE
COUNTY LINE) IN HARNE'r-l' TOWNSHIP
Chairman Retchin opened the Public Hearinq.
Planning Director, Dexter Hayes, requested adoption of an
order assigning house numbers to residential properties
cOITUl,encing at the Market Street, Futch Creek Road intersection
extending northeast to the New Hanover/Pender County line in
Harnett Township. He stressed the importance of accurately
~dentifying developed property in order to provide general County
services and respond to emergency calls.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the O.
assignment of house numbers as presented. No one cOlTunented. '-....
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to adopt the order systematically assigning house numbers
corrunencing at the Market Street, Fu tch Creek Road intersection
extending northeast to the New Hanover /Pender County Line in
Harnett Township. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 32.
ADOPTION OF RESOLUTION OF INTENT '1'0 CLOSE PORTIONS OF SEABREEZE
BOULEVARD, SECOND AVENUE, THIRD AVENUE, FOUHTH AVENUE AND ALL OF
FIRST AVENUE LOCATED IN SEABREEZE PARK, MASONBORO SOUND COMMUNITY
(SC-52)
Motion: Conunis'sioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to adopt a Resolution of Intent to schedule a Public
Hearing on March 4, 1~9l, to consider closing portions of
Seabreeze Boulevard, Second Avenue, Third Avenue, Fourth Avenue
and all of First Avenue located in Seabreeze Park, Masonboro
Sound Community. Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
A copy of the Resolution of Intent is hereby incorporated as
a part of the minutes and is contained in Exhibi t Book XVIII,
Page 32.
BREAK.
Chairman Retchin recessed the meeting for a break from 9:10
o'clock P.M. to 9:2D o'clock P.M.
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STATUS REPORT FROM THE DEMOLITION Ll\.NDFILL 'l'l\.SK FORCE
Environmental Management Director, Ray Church, presented a
sta tus report on the findings of the Demoli tion Landf ill Task
Force and listed the following priorities:
,MINUTES OF REGULAR MEETING, FEBRUARY 4, 1991 (CONTINUED)
~
351
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1. The County should contact Mr. William W. Cobey, Jr.,
Secretary of the N. C. Department of Environment, Health, and
Natural Resources, to express concern for the lack of State
personnel to enforce North Carolina General Statutes concerning
the unlawful disposal of solid wastes.
2. The County should begin writing cease and desist orders
through the Inspections Office with assistance from the New
Hanover County Sher.iff' s Department and Keep America Beautiful
Systems of New Hanover County through a Notice and Order to Abate
ritter letter. A notification to the property owners for their
otential liability by ullowing unpermitted disposal should be
included with the letters. This action should be taken on known
currently operated, unpermitted sites.
3. A public information campaign should be implemented to
inform property owners, contractors, and ,the general public of
the consequences of illegal dumping. Information could be
provided through notices attached to building permits, Public
Service Announcements, and curriculum being developed by the
regional Keep America Beautiful Systems.
4. The Inspections Department should begin requiring proof
that demolition material will be disposed in a permitted landfill
prior to issuing a permit to demolish a building.
5. The current zoning ordinance should be reevaluated to
determine what modifications are necessary to restrict demolition
landfill sites and what restrictions are needed.
, ~
Environmental Director Church reported on the progress of
the Task Force in addressing the priorities stated and presented
the following findings and recomnendation of the Task Force:
~ 1. Properly permitted and operated demolition landfills are
needed as a solution to the total solid waste disposal problem.
Mr. Jim Craig, Conservation Engineer, with the Engineering
Department, estimates that approximately 108,000 cubic yards of
land clearing wastes are generated in the County each year. This
amount of material would cover a 22 acre site three feet deep.
The estimate includ~s only residential development as most land
clearing wastes generated from large corrunercial tracts and new
subdivisions are disposed of on site by burning or burying. It
was hoped that a few entrepreneurial contractors would realize
the need for demolition sites; however, only one permit has been
issued by the state as of this date.
In order
Landfill, the
Force:
to encourage contractors to use
following options are reconunended
the County
by the Task
a. Reduce the tipping fee for landscape waste. The current
tipping fee for stumps is $27.00 per ton as stumps are included
in the definition of wood waste. The Task Force is recorrunending
that stumps be redefined and placed in the category of waste
which includes concrete, brick and dirt. The tipping fee for
_those wastes is currently $7.20 per ton. These wastes have a
ower tipping fee as the tipping fee is based on a weight to
volume ratio as compared to municipal solid waste.
b. The Task Force is recommending that enforcement against
violators or operators of non-permitted sites be stepped up.
Several enforcement options have been reviewed. The State Solid
Waste Section would prefer that the County accept "Delegation of
Authority" to permit and regulate demolition landfills. The Task
Force does not reco~nend accepting the authority due to potential
liabilities associated with permitting.
c. The Task Force is recolTuncncling a state posi tion from the
County I s budget. The employee would be a State agent enforcing
~
~"'~~~S OF REGULAR MEETING, FEBRUARY 4, 1991 (CONTINUED)
state law solely in New Hanover County. Kemp Burpeau, Assistant
County Attorney, has received mixed responses from the state
regarding this approach.
d. The Task Force recommends the addition of a zoning
enforcement officer in the Inspections Department to identify
non-permitted sites, send notices of violation to the owner and
see that the sites are either-' closed or permitted. Once
permitted by the state, the Zoning Enforcement Office would spot
check the sites for operational compliance.
:::)
In addition, the Task Force is evaluating the need for the
County to adopt a comprehensive Solid Waste Ordinance. Several
ordinances have be~h obtained from other counties and the Task
Force is comparing these to determine which portions would be
most applicable to New Hanover County. The ordinance would
address not only demolition landfills but all solid waste
including hazardous waste and medical waste by reference and
should require all citizens to dispose of waste through permitted
procedures. Also, the Task Force is investigating the
possibili ty of implementing a "Flow Control Law", whereby the
County takes possession of the waste stream and designat es the
method of disposal. A flow control law would prevent a private
hauler from transporting New Hanover County waste to an
out-of-county or out-of-state disposal facility.
Discussion was 'held on the amount of' tipping fees.
Commissioner Greer stressed the importance of not creating
methods of trying to generate wastes for the landfill in order to
make a profit. County Manager O'Neal stated the County should
not make a prof it' on any operation; however, under State law
counties are not allowed to place general fund revenues into
solid waste activities; therefore, the operation has to be
supported by non-ad valorem revenues, not from the general fund.
()
After further discussion of developing mechanisms for
enforcement of regulations governing demolition landfills,
Chairman Retchin, on behalf of the Board, expressed appreciation
to Director Church and the members of the Task Force for an
excellent report.
corrunissioner Sutton inquired as to why stumps cannot be
burned in the incinerator. Director Church stated the stumps are
too large; however, a slow-speed sheer is being installed to
reduce wood wastes which can be burned in the incinerator.
Environmental Director Church inquired as to whether the
Board would like for, him to prepare a reduction in the tipping
fee to be placed on the agenda for March 4, 1991.
Motion: After discussion, Chairman Retchi'n MOVED,
Corrunissioner Greer to redefine stumps and place this
ca tegory grouped with concrete, brick, and dirt as
being grouped with loose woods which will reduce the
from $27.00 per ton to $7.20 per ton. Upon vote,
CARRIED UNANIMOUSLY.
A copy of the report is hereby incorporated as a part of the 0
minutes and is contained in Exhibit Book XVIII, Page 32.
SECONDED by
item in the
opposed to
tipping fee
the MOTION
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER
DISTRICT
Chairman Retchin recessed the meeting to hold a Regular
Meeting of the Water & Sewer District from 9: 55 0 I clock P.M.
until 10:03 o'clock P.M.
COMMI~rEE APPOIN~~TS
\
RATIFICATION OF APPOINTMENT OF MARY STEWAR'.r BOOD TO THE HUMAN
RELATIONS COMMISSION
Motion: Chairman Retchin MOVED, SECONDED by COllunissioner Sutton
to ratify the appointment of Mary Ste\vart Hood t.o serve as the
.MINUTES OF REGULAR MEETING, FEBRUN~Y 4, 1991 (CONTINUED)
3~3
5-D'
~
.~l~',~. ....
representative of the New Hanover County League of Women Voters
on the Human Relations Crnrunission. The term will expire December
31, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF BERTHA B. TODD TO SERVE ON 'I'UE MUSEUM BOARD OF
'I'RUSTEES
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to appoint Ms. Bertha B. Todd to fill the unexpired term
of James McQueen on the Museum Board. The term is to expire June
411J0' 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RATIFICATION OF THE APPOINTMENT OF WANDA HUMPHlUES '1'0 'I'HE KURE
BEACH PLANNING & ZONING BOARD
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to ratify the appointment of Wanda Humphries to serve on
the Kure Beach Planning and Zoning Board as a member representing
the extraterritorial jurisdiction. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ENDORSEMEN'.r OF "CERTIFICATE OF NEED" FOR ACUTE REHABILITATION
FACILITY - NEW HANOVER REGIONAL MEDICAL CENTER
Motion~ After discussion of the need for an acute rehabilitation
center, Commissioner Barfield MOVED, SECONDED by Co~nissioner
Sutton to support the Certificate of Need application being
submitted by the New Hanover Regional Medical Center to authorize
the Chairman to write a letter of endorsement. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
.ISCUSSION OF VACAN. CY
OARD OF TRUSTEES
Chairman Retchin
the Hospital Board of
ON THE NEW HANOVER REGIONAL MEDICAL CENTER
recorTUnended advertising for the vacancy on
Trustees created by his resignation.
Consensus: It was the consensus of the Board to direct the Clerk
to the Board to advertise for the vacancy on the Hospital Board
of Trustees.
ADDITIONAL ITEMS - COUNTY MANAGER
WAIVER OF TIPPING FEE FOR 'TILE NEW HANOVER COUNTY MUSEUM
Deputy County Manager Mary Gornto stated the County, City of
Wilmington, and Clancy & Theys have agreed to jointly share the
cost of installing a new sidewalk from 8th and 9th Streets on
Market Street as part the Museum Expansion. She stated the
Museum Building Committee has requested the County to waive the
tipping fee at the landfill for the demolished concrete. The
materials can be placed in the unlined portion of the landfill.
Commissioner Sutton corTUnented 6n establishing a bookkeeping
entry that will record the volume of materials when tipping fees
are waived. County Manager O'Neal stated this procedure has been
. established.
.otion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Barf ield to waive the tipping fee for
the demolition materials as requested by the Museum Building
Conullittee. Upon vote, the MOTION CARIUED UNANIMOUSLY.
DISCUSSION OF RETREAT SCHEDULE
County Manager O'Neal stated the retreat will be held at the
Blockade Runner beginning at 5:00 P.M. until 9:30 P.M. on Friday,
February 8, 1991, and reconvening on Saturday, February 9, 1991,
at 9:00 A.M. until 1:30 P.M.
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(MIN~~E~~ OF REGULAR MEETING. FEBR::Y:.--:-~::~::~INU-m:~
sS~
ANNOUNCEMENT OF ORIENTATION SESSION FOR COMMISSIONER SUTTON
County Manager O'Neal announced an orientation session for
Commissioner Sutton will be held on Wednesday, February 6, 1991,
beginning 12: 00 noon and ending with a reception being held at
4:15 on the porch of the Courthouse for Department Heads to meet
the newly appointed Commissioner. He invited all members of the
Board to attend.
DISCUSSION OF WORK SESSION TO DISCUSS TIlE JAIL EXPANSION
County Manager O'Neal stated after meeting with Architect, ()
Herb McKim, it would be mos t beneficial to schedule a Work
Session on March 6, 199~, at 12:00 noon in Room 501 of the County \
Administration Building to discuss the options that have been
proposed for the jail expansion. Lunch will be served.
DISCUSSION OF SCHEDULING A 'fOUR OF 'l'HE SCHOOLS
County Manager O'Neal stated after discussion with Dr. Tom
McNeel, a tour of the schools is planned after the Regular
Meeting of March 25, 1991. Details will be furnished on lunch
and the tour at a later date.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 10:30 o'clock P.M.
Respectfully submitted,
~V~ 0
Lucie F. Harrell
Clerk to the Board
o
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