1991-07-01 Regular Meeting
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rUNUTES OF J1JLY 1 f 1991
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, July 1, 1991, at 7:30 o'clock P.M. in the
Assembly Room of the New Hanover County Administration Building,
320 Chestnut 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.
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Chairman Retchin called the meeting .to order and welcomed
all persons present. He apologized for thE! overcrowded room and
stated due to a malfunctioning air-conditioner in the Courthouse,
the meeting room had to be changed.
DrvOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, :::Jdve the invocation.
Hiss Hilmington, Patricia Parker, led the audience in the
Pledge of Allegiance to the Flag.
Chairman Retchin, on behalf of t.he Board, expressed
appreciation to Miss \'lilmington for attending the meeting and
presented her with a county cup. He also congratulated her on
being chosen as the seco)nd runner-up in the Miss North Carolina
PageiJ.nt.
NON-AGENDA I'l'E.NS
Chairman Retchin asked if anyone from Ule general public
would like to comment on an item not listed on the Regular Agenda
or an item listed on the Consent Agenda. The following item was
presented:
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Appreciation Expressed to the Commission'2rs for Opposing the
siting of a Hazardous Waste Incinerator in Pender County
Hs. Nildred Harris, a concerned ci ti ZE?l1, commented on the
resolution adopted by the Commissioners at the Special Meeting of
June 13, 1991, and asked Commissioner Greer to state his position
on this action since he did not attend the ll1E;eting.
commissioner Greer stated he 1S 1n concurrence with the
action taken by the Board.
Ms. Harris expressed appreciation to the Commissioners for
taking a stand against the siting of a hazardous waste
incinerator 1n Pender County and volunteered to assist the
Commissioners in any way possible to prevent this facility from
being located in the area.
l\PPROV1\I. OF CONSEnT l\GENDA
. Vice-Chairman E. L. Nathews, Jr. commented on the map
attached to Consent Agenda Item #3 and requested staff to be sure
that maps are readable before being incJ.uded 1n the agenda
packet.
commiss ioner .
Upon vote,
Motion: Vice-Chairman Mathews NOVED, SECONDED by
Sutton to approve the Consent Agenda as presented.
the MOTION CARRIED UNANIMOUSLY.
CONSI::N'1' J\GENDA
Approval of .l'1inutes
The Commissioners
presented.
approved
the
following
minutes
as
Public Hearing and
and Continued Meeting
Regular Heeting
Special Heeting
Budget IJE"ar ings
Hay 7, 1991
o f Hay is, 1991
l'1ay .20, 1991
~1a y :2 8, 1991
JUnE: 5, 1991
June 6, 1991
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 549
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Reappointment of Ed Irwin as Extra-territorial Jurisdiction
Member of the Kure Beach Board of Adjustment
The Commissioners ratified the reappointment of Ed Irwin as
the extra-territorial jurisdiction member of the Kure Beach Board
of Adjustment as requested by the Town Council of Kure Beach.
Adoption of Resolution Adding Roads in Lansdowne South
Subdivision to the State Highway System
The Commissioners adopted a resolution adding roads in the
Lansdowne South Subdivision, section I (Division File #665-N) to
the State Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 11.
Reappointment of Roland Register as Tax Administrator
The Commissioners reappointed Roland Register to serve as
Tax Administrator in accordance with NCGS 105-294 for a term to
expire at the first regular meeting in July, 1995.
Acceptance of Change Order Report #20
The Commissioners accepted Change Order Report #20 as
presented by the Deputy County Manager.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 11.
PRESENTATION BY BIO GRO SYSTEMS, INC. ON THE SLUDGE RECYCLING
PROGRAM
Ms. Pamela K. Racey, Technical Services Manager with Bio Gro
Systems, Inc., presented slides on the sludge recycling program
and presented the following benefits of the agricultural land
application program:
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1. Treated and stabilized sludges from municipal waste
water treatment systems are a valuable resource to
farmers since it can be safely utilized as a
fertilizer/soil conditioner at cost savings.
2. The nitrogen and phosphorus are in an organic form
which is released slowly throughout the growing
season and provides for a more natural growth.
3. Tests from Clemson University prove that sludge
provides the least potential for polluted run-off
compared to other commercial fertilizers.
4. Sludge disposal through the land application pro-
gram is in compliance with all EPA, State, and
local guidelines and regulations.
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5. Results of sludge and soil tests are kept on per-
manent record. Using this data, the amounts of
plant nutrients and other sludge constituents
applied to each site are calculated. This infor-
mation is entered into a computerized system used
to evaluate and plan the projected use for the
site within limits established by EPA, State, and
local regulatory agencies. Bio Gro Systems, Inc.
files all reports required by these agencies.
Ms. Racey stated Bio Gro Systems, Inc. is organized for
efficient sludge disposal. The staff, composed of skilled
professionals, has many years of agronomic, engineering, and
waste water treatment experience in a variety of methods of
sludge management. Ms. Racey presented information packets to
the Commissioners for further study and review of the system.
Chairman Retchin, on behalf of the Board, expressed
appreciation to Ms. Racey for an excellent presentation.
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 550
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PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY .64 OF AN ACRE
AT 1804 CASTLE HAYNE ROAD (U. S. HIGHWAY 117) TO B-1 BUSINESS
FROM R-15 RESIDENTIAL (Z-436)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, presented background
information on the rezoning request and stated the Planning
Commission recommends approval based upon existing zoning
patterns in this area with the proposed use being appropriate and
acceptable with the expansion of a commercial node.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
rezoning request. The following person commented:
Mr. Jay D. Hockenbury, an attorney representing Ms. Patricia
williams, the petitioner and owner of Williams Carpet, commented
on the need to expand the facility in order to accommodate the
growth of the carpet business. He stated the B-1 rezoning
request is consistent with the County's Land Use Plan policies
and respectfully requested approval of the rezoning.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to approve rezoning approximately .64 of an acre at 1804
Castle Hayne Road to B-1 Business from R-15 Residential as
requested by the petitioner and recommended by the Planning
Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972," is hereby
incorporated as a part of the minutes and is contained in Zoning
Book II, section 9A, Page 34.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
ESTABLISHMENT OF A 49-UNIT MOBILE HOME PARK AT THE SOUTHERN END
OF CLEWIS AVENUE (S-316)
Chairman Retchin opened the Public Hearing and stated the
special use process is a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
William Weir
Marc Schuilwerve
Jack Moore
Susan Bradshaw
Amanda Paluck
Richard Lucas
Tom Wilson
Larry Harkey
Mary Hardy .
Tony Migliara
Richard Lucas, Jr.
Terry H. Bache
Planning Director, Dexter Hayes, stated the Planning
commission recommended denial of the proposed mobile home park
based upon the following reasons: (1) the proposed use would
create public health and safety problems in the provision of fire
protection, traffic demands, and negative effect upon the
groundwater; (2) the proposed use would not be consistent with
the Land Use Plan based upon the use not being in harmony with
the existing land use; and (3) the proposed use would negatively
impact on adjoining property. The following conditions were
recommended by the Planning Commission if the special Use Permit
is approved by the Board of County Commissioners: (1) the mobile
homes in the the park should b~ oriented in a fashion to be
parallel with the internal drive; (2) upon initiation of
construction of the park, planting of a red cedar buffer along
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 551
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the perimeter of blocks 1-12; and (3) removal of lot 45 along the
southwest corner of the property.
The following staff findings were presented:
1. Public Health and Safety: (a) The mobile home park will
have direct access to Murrayville Road via Clewis Avenue. The
Clewis Avenue right-of-way south of Meadowview is 20 feet in
width and unimproved; (b) a series of internal private roadways
are planned to serve the units within the project site; and (e)
the site plan calls for the use of individual septic tanks and an
on-site community water system to provide sewer and water
services.
2 . Conditions and Requirements of the Zoning and Mobile Home
Park Ordinances: (a) Mobile home parks are permitted by Special
Use Permit in the R-15 Residential District. This property is
zoned R-15; (b) the site plan calls for 49 units with an average
lot size of 7,350 square feet; (e) the site's southern boundary
is located within the 100 year floodplain. No mobile home is
allowed in the flood plain; (d) proposed lot sizes are large
enough to accommodate off-street parking at a rate of two spaces
per unit; (e) a 75 foot setback is required for mobile homes when
adjacent to residentially-zoned property not occupied by mobile
homes. This setback line is adhered to on the site plan. Also,
a buffer equal to at least 50% of the setback area width is
required; (f) internal roads will be paved to a minimum width of
18 feet with side ditches and six foot shoulders. All
rights-of-way will be 30 feet and all roads are to be private;
(g) a minimum of one acre of open space is required. The site
plan indicates all land area south of Morgan Street will be left
as open space. Also, the applicant will be required to develop
at least one-half of an acre for active/passive recreational use;
(h) no signage is shown on the plan; (i) refuse collection will
be by a private vendor; (j) the Fire Marshal has reviewed the
proposal with no problems presented; and (k) no on-site
administrative office or convenience commercial establishments
are planned. Both with restrictions can be permitted in a mobile
home park community.
3. Value of Adioininq Properties: (a) Property to the south is
developed with upper middle income housing but is physically
separated from the proposed park by a creek and a well-defined
swamp forest area. A large portion of the swamp is in the 100
year flood plain which prohibits the location of mobile homes;
and (b) residential properties to the north, east, and west will
be buffered from the park. A 75-foot setback is required.
4. In Harmonv with the Area: (a) Most development in the area
consists of single-family residential dwellings. There are a few
sites in the general vicinity occupied by mobile homes.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
Special Use Permit as requested. The following person commented:
Mr. Jack Moore, the petitioner, commented about concerns for
public health and traffic with the proposed use and presented the
following statements: (1) the proposed 49-unit mobile home park
will utilize septic tanks, which will not impact more negatively
on public health than if a wastewater treatment system was
installed since both systems discharge wastewater into the
ground; and (2) the proposed access road in the site plan will
not generate more traffic on Murrayville Road since construction
of residential homes will continue to grow in the area. He
presented pictures of the right-of-way of the proposed access
road and the distance between the mobile home park and adjoining
residential properties and stated due the natural buffers and the
distance between the proposed use, the adjoining properties will
not be devalued. He requested the Board to grant the Special Use
Permit for establishment of a 49-unit mobile home park.
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MINUTES OF REGULAR MEETING, JULY 1, 1991
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Chairman Retchin asked Mr. Moore if he agreed with the
findings as presented by the Planning staff pertaining to health
requirements and safety. Director Hayes stated before
responding to the question, comments have been received from the
Wrightsboro Fire Department expressing concern for the lack of
water in this area.
Mr. Moore stated he would be willing to provide the
Wrightsboro Volunteer Fire Department with a hook-up to his water
system.
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Chairman Retchin asked Mr. Moore if he agreed with the
findings and additional statement as presented by the Planning
Director. Mr. Moore stated he concurred with the findings and
statements as presented.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to granting the Special Use
Permit. The following persons commented:
Mr. Marc Schuilwerve, a resident of the surrounding area,
commented on the location of the Castle Hayne Aquifer and
expressed concern for the following items: (1) contamination of
groundwater from the number of septic tanks for establishment of
a 49-unit mobile home park; (2) increased traffic due to high
density development; (3) concern for the 20 ft. right-of-way to
accommodate traffic for 49 units; and (4) concern for the mobile
homes being rental units. He respectfully requested the Board to
uphold the decision by the Planning Commission and deny the
Special Use Permit.
Ms. Susan Bradshaw, the daughter of Roland Boswell, an
adjacent property owner, expressed concern for the rental of the
mobile home units and the devaluation of surrounding properties.
She requested the Board to deny issuance of the Special Use
Permit.
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Mr. Richard Lucas, an adj acent property owner, expressed
concern for the closeness of the mobile home park to his
property, the contamination of groundwater, and the lack of water
availability for adequate fire protection.
Mr. William Weir, a resident of Quail Woods, expressed
concern for how the mobile home park will be developed and stated
if Mr. Moore will develop an attractive site with the mobile
homes underpinned, grounds landscaped, and proper buffering, he
would not be upset; however, he does not believe this type of
park will be developed.
Ms. Amanda Paluck, a resident of the surrounding area,
expressed concern for the increase of traffic and the unsightly
view of 49 mobile homes which, in her opinion, will devalue
surrounding properties.
Mr. Terry H. Bache, President of Terhane Group, Inc., stated
his firm has constructed approximately 75 homes in this area and,
in his opinion, this type of housing will not be in harmony with
the general development of the area.
Mr. Tom Wilson, of Coastal Carolina Developers and owner of
the water and sewer community systems for Brittany Woods and
Quail Woods, expressed concern for contamination of the soil with
installation of 49 septic tanks.
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Ms. Mary Hardy, an adjacent property owner, commented on the
quali ty of development in the area and expressed concern for
allowing a mobile home park to b~ established near a residential
community.
Mr. Larry Harkey, 7028 Murrayville Road, commented on being
in construction for 20 years and expressed concern for the number
of proposed septic tanks being installed in an area where soils
are very poor.
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 553
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Mr. Tony Migliara, President of Elite Homes, commented on
the quality of homes in surrounding subdivisions and expressed
concern for allowing this type housing in a well developed
residential area.
Mr. Richard Lucas, Jr., an
expressed concern for septic tanks
question will not perk.
adjacent property owner,
and stated the land in
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Mr. Moore, the petitioner, ensured the Board that the mobile
home park will be attractively developed and that persons renting
will be checked as to references, mobile homes will be skirted,
no dog houses will be allowed, and orderly conduct will be
required.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, commissioner Sutton MOVED, SECONDED by
Vice-Chairman Mathews to uphold the decision of the Planning
Commission and deny issuance of the Special Use Permit based on
the evidence presented with the following conclusions: (1) the
proposed use will not satisfy all of the specific requirements
set forth in Section 72 of the County Zoning Ordinance if the
property is developed in accordance with the plans submitted to
the County Commissioners; and (2) the proposed use does not
satisfy the first general requirement listed in the Ordinance;
namely that the use will not materially endanger the public
health or safety if located where proposed and developed
according to the plan as submitted and approved based upon the
following finding: the 20 ft. access way is inadequate and too
narrow to accommodate emergency vehicles and the traffic
generated by 49 units. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of the order denying the Special Use Permit is hereby
incorporated as a part of the minutes and is contained in SUP
Book I, Page 46.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO
CONSTRUCT TWO (2) DUPLEXES ON THE WEST SIDE OF OLD AVENUE SOUTH
OF PARMELE ROAD (S-332)
Chairman Retchin opened the Public Hearing and stated the
special use process is 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:
Mr. Robert L. Simmons
Planning Director, Dexter Hayes, presented background
information on the proposed request and stated the Planning
Commission approved the issuance of the Special Use Permit
feeling that the four general requirements had been met and that
the proposed use did comply to the Zoning Ordinance.
The following Staff findings were presented:
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General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings: (a) The property has access to Parmele Road via an
unnamed private driveway; though not used for access, the
property also fronts on Old Avenue; and (b) the site is located
within the Castle Hayne Volunteer Fire Department District.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings: (a) The applicant has designated two (2)
lots, exceeding 35,000 square feet in the area for development of
the two (2) duplexes. The minimum lot size for a duplex in an
R-20 Residential District is 35,000 square feet; (b) all required
front, side and rear yard setbacks can easily be accommodated by
these lot arrangements; (e) all units will have access to an
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 554
existing private drive, which connects to Parmele Road; and (d)
off-street parking at two spaces per unit is provided.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the
use is a public necessity based upon the following findings: (a)
the proposed units would be developed adjacent to six (6)
existing duplex units; and (b) the petitioner owns much of the
land surrounding the sites selected for construction.
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General Requirement #4: The location and character of the
proposed use, if developed according to the plan as submitted and
approved, will be in harmony with the area in which it is to be
located and in general conformity with the plan of development
for New Hanover County based upon the following findings: (a) the
duplex units would be developed in conjunction with six (6)
existing duplex units and consistent with that pattern of
development.
Chairman Retchin asked if the petitioner would like to
speak. The following person commented:
Mr. Robert L. Simmons, the petitioner, stated granting the
Special Use Permit would complete the duplex project; therefore,
he respectfully requests approval of the proposed use.
Chairman Retchin asked Mr. Simmons if he concurs with the
findings as presented by the Planning Director. Mr. Simmons
stated he agrees with the statements and findings as presented.
Chairman Retchin asked if -anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
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Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Greer to grant the Special Use Permit for construction of two (2)
duplexes on the west side of Old Avenue south of Parmele Road
based upon the evidence presented and findings of fact concluding
that the four general requirements have been met. 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 46.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
ESTABLISH A CHILD DAY CARE FACILITY FOR UP TO TEN (10) CHILDREN
AT 4025 STILLWELL ROAD (S-333)
Chairman Retchin opened the Public Hearing and stated the
special use process is 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:
crystal Kelly
Planning Director Hayes presented background information on
the proposed use and stated the Planning commission approved
issuance of the Special Use Permit for establishment of a child
day care facility at 4025 stillwell Road feeling that the four
general requirements had been m~t and the proposed use was in
compliance with the Zoning Ordinance.
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The following Staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings: (a) the property has direct access to stillwell Road,
a public street; (b) an additional bathroom facility will be
installed for use by day care patrons. Also, a new kitchen sink
with a handwash basin will be installed; (e) the property, is
located in the Myrtle Grove Volunteer Fire Department District;
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 555
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and (d) the applicant will be licensed for up to ten (10)
children. No significant increase in local traffic is expected.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings: (a) off-street parking must be provided
at the ratio of one space per employee, plus four (4) spaces for
off street drive-in and pick up. (Note: Although adequate area
is available to meet this requirement, this item is not detailed
on the site plan.); (b) the site is equipped with a driveway that
provides access directly to a public street and would allow exit
from the facility without backing onto the street; (e) the
outside play area will be located to the rear of the house and
enclosed by a fence four (4) feet in height; (d) at this time,
the applicant does not propose to erect a sign identifying the
facili ty. The maximum square footage for a sign is two (2)
square feet; and (e) in addition to the local zoning
requirements, the applicant will have to comply with design
guidelines of the Health and Inspections Departments and the Fire
Marshal. Also, the applicant will have to meet design guidelines
established by the state Day Care Licensing Board.
General Reauirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the
use is a public necessity based upon the following findings: (a)
the applicant is presently registered with the state as a day
care provider. Some day care operations have been conducted on
this site without any record of complaint; and (b) the lot's
outer fencing consists of an eight (8) foot high privacy fence.
General Requirement #4: The location and character of the
proposed use, if developed according to the plan as submitted and
approved, will be in harmony with the area in which it is to be
located and in general conformity with the plan of development
for New Hanover County based upon the following findings: (a) no
external renovations, alterations or additions are planned for
the house.
Chairman Retchin asked if anyone present would like to speak
in favor of granting the Special Use Permit. The following
person commented:
Ms. Crystal Kelly, the petitioner, commented on the need for
quality day care and stated she would provide this type of care
for children.
Chairman Retchin asked Ms. Kelly if she agreed with the
findings as presented by the Director of Planning. Ms. Kelly
stated she concurred with the statements and findings as
presented.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Greer MOVED, SECONDED by Chairman Retchin
to grant the Special Use Permit to establish a child day care
facility for up to ten (10) children at 4025 stillwell Road based
upon the evidence presented and findings of fact concluding that
the four general requirements of the Zoning Ordinance have been
satisfactorily met. 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 46.
WITHDRAWAL OF PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT TO
LOCATE A MOBILE HOME AT THE WESTERN END OF CHAIR ROAD (NORTH
SIDE) (S-334)
Planning Director Hayes announced the petitioner has
withdrawn the request for location of a mobile home on Chair
Road.
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 556
PUBLIC HEARING TO CONSIDER A REQUEST TO RENAME A PORTION OF RIVER
ROAD TO RIVER SIDE DRIVE (SN-62)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the petitioner is
seeking a name change for a portion of the road known as River
Road (SR 1100) encompassing a length of 5.6 miles and running
from its intersection with Sanders Road (SR 1187) south to its
intersection with the Service Road (SR 1576) which connects with
the southern end of Carolina Beach Road. This portion of River
Road is maintained by the Department of Transportation and serves
as access to 100 properties including very large acreage tracts.
River Road, which is one of the longest segments (11.7 miles) of
state-maintained collectors in the County, borders the Cape Fear
River from the City Limits to Snow's Cut. The request to rename
this portion of River Road revolves around the name which is
associated with illegal dumps, trash, murders and heavy
industrial activity.
After surveying the area, eleven (11) residents living on
Ri ver Road would be affected by the proposed name change and
unless a majority of the adjoining property owners desire to
rename River Road, Staff would recommend that the name not be
changed.
Chairman Retchin asked if anyone present would like to speak
in favor of the proposed name change. The following persons
commented:
Mr. Gilbert Burnett, the petitioner and property owner on
River Road, commented on the stigma attached with the name River
Road, particularly with reference to the northern portion of the
road where trash is dumped and murders occur. He stated the
residents living south of Sanders Road feel renaming the road to
River Side Drive would be beneficial to the image of the area and
properly reflect on the development of the southern end of the
road. He requested the Board to approve the proposed name
change.
Ms. Nancy Burnett, the wife of the petitioner, commented on
being a school teacher and being embarrassed when students refer
to River Road as murder road and requested the Board to approve
the name River Side Drive.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the proposed name change.
The following persons commented:
Ms. Ruby Klutz Beavers, a resident of River Road, presented
a petition from the residents living on River Road, and strongly
opposed renaming the road, particularly when addresses were
changed in 1988.
Ms. Nancy Langley, a property owner on River Road, stated
addresses have been changed twice and she can see no need for the
proposed change in the name.
Ms. Judy Wilson, a resident of River Road, commented on the
stigma attached with River Road and stated with the positive
development occurring everyday, she would prefer that the road
name remain the same in order to allow this road and area to come
of age and become known as one of the better sections in the
County.
Ms. Brenda Hewett, representing the 911 Center, expressed
concern for changing names in the middle of a road and
recommended not renaming the road unless absolutely necessary.
She emphasized the importance of road identification when
responding to emergency calls.
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Ms. Frankie Jones, a resident living on River Road,
commented on her father operating the old Snow's Cut draw bridge
and stated this road has always been known as River Road and
that, in her opinion, the name should not be changed.
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MINUTES OF REGULAR MEETING, JULY 1, 1991
PAGE 557
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Chairman Retchin closed the Public Hearing.
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commissioner Barfield recommended polling the residents
living on River Road before voting on the proposed road change.
Motion: After a lengthy discussion on the number of persons
actually living on River Road, Commissioner Greer MOVED, SECONDED
by Commissioner Barfield to direct the Planning Staff to poll all
the property owners between Sanders Drive and River Road to
Snow's Cut on Highway 421 before voting on the proposed name
change. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST TO CLOSE AN UNNAMED ROAD
LOCATED 200 FEET SOUTH OF THE GORDON ROAD/CASTLE HAYNE
INTERSECTION, ON THE EAST SIDE OF CASTLE HAYNE ROAD, IN CAPE FEAR
TOWNSHIP (SN-62)
Chairman Retchin opened the Public Hearing and asked if
anyone present would like to speak in favor of closing the road.
The following persons commented:
Mr. Louis Burney, an attorney representing Mr. John Higgins,
Jr., commented on the proposed closing of the unnamed 50 ft. road
located 200 feet south of the Gordon Road/Castle Hayne
intersection and presented pictures of the road. He stated the
road has not been opened to the public and if closed will not
landlock exiting properties to the south, east, and north;
therefore, he respectfully requests approval of road closing as
submitted.
Mr. John Higgins, Jr., the petitioner who is currently
living in California, requested the Board to close the road for
better use of his property and stated he plans to return to
Wilmington to retire.
.
Chairman Retchin asked if anyone present would like to speak
in opposition to the proposed road closing. The following
persons commented:
Mr. Dennis Musser, the real estate agent for Wilmington
Associates, owner of the old Timme property, stated the property
is currently for sale and in order to better market the site, his
clients are opposed to closing the road feeling that this
decision should be deferred until the property is sold.
Chairman Retchin closed the Public Hearing.
Motion: After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Sutton to approve the road closing as
requested. 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 XIX, Page 11.
UPDATE ON JAIL EXPANSION
Mr. Bruce F. Bowman, representing Ballard, McKim & Sawyer
ArChitects, presented the following update on the jail expansion:
.
1. Due to inadequate space for accommodating the 911
Center and Emergency Management, 800 square feet
of new construction will be necessary. This scope
of work was not included in the original services
provided by the architect; therefore, a change order
in the amount of $12,000 is requested by Ballard,
McKim & Sawyer for construction drawings and project
administration.
2. The 88-bed expansion has been reduced to 83 beds due
to the location of large mechanical pipes that are
too difficult to move.
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3. The following cost projection was presented:
Jail Renovation 911 Total
General Contract $ 772,014 $169,320 $ 941,334
Plumbing 128,000 12,000 140,000
HVAC 97,000 14,500 111,500
Electric 99.740 43.637 143.377
Sub-Total $1,096,754 $239,457 $1,336,211 ~
5% Contingency 54.838 11.973 66.181
Total $1,151,592 $251,430 $1,403,022
4. The project will be completed by March 1992.
County Manager O'Neal commented on the need to move forward
with the project and recommended approval of the change order as
presented.
Motion: After discussion of the need to move ahead with this
project to relieve the jail overcrowding, Chairman Retchin MOVED,
SECONDED by Commissioner Sutton to approve the change order in
the amount of $12,000 as presented by Ballard, McKim & Sawyer.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
REJECTION OF CONSTRUCTION BIDS FOR THE MYRTLE GROVE BRANCH
LIBRARY
Deputy County Manager, Mary Gornto, stated bids for
construction of the Myrtle Grove Branch Library were received and
opened on June 12, 1991. The amount of the bids was
substantially greater than the previously estimated cost with the
low bid at $600,345 which is approximately $100,000 more than
originally projected. After discusslon with the Library Director
and project Architect, it was determined by staff that re-bidding
would be more desirable than trying to negotiate a sufficient
reduction in the cost to br ing the proj ect wi thin estimated
range. Also, the Library Director has recei ved word by phone
that $450,000 in federal LSCA funds will be available for the
State to award grants in the fall for library projects. Receipt
of the grant funds would enable the County to build the branch
library as designed, including an additional 897 square feet
without exceeding the original budget. Therefore, staff
recommends rejection of all bids received and authorization to
rebid the project with alternates which could be reduced if the
LSCA grant funds are not received.
()
Chairman Retchin inquired as to the proposed alternates.
Deputy County Manager Gornto stated the original size of 6,000
sq. ft. was increased approximately 800 sq. ft. to add additional
stack area, which can be eliminated; the roof design can be
redesigned; and various textures of materials can be modified to
save money.
commissioner Barfield expressed concern for the amount of
money paid to architects for design of costly buildings which are
over and above actual needs. He recommended allowing contractors
to submit plans that will provide for construction of quality
buildings without unnecessary amenities in order to save the
taxpayers money.
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Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to reject the bids received and authorize
the architect to prepare alternates for various components of the
bid specifications to reduce the cost if the LSCA grant is not
received and to approve the Library filing a grant application in
the amount of $231,238. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF AGREEMENT WITH CAROLINA POWER & LIGHT COMPANY TO
SUPPLY STANDBY ELECTRICAL SERVICES TO THE WASTE-TO-ENERGY
FACILITY
Director of Environmental Management, Ray Church, stated
after investigating the purchase of a diesel powered system to
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PAGE 559
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provide standby electricity for the Waste-to-Energy Facility,
staff has determined this system is not feasible due to potential
costs. He recommended approval of an agreement with Carolina
Power & Light Company to supply standby electrical services to
the Waste-to-Energy Facility in the amount of $207 per month.
.
Motion: After discussion of the cost to purchase a system,
Commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to
approve the agreement with Carolina Power & Light Company in the
amount of $207 per month for the provision of standby electrical
services to the Waste-to-Energy Facility. The Chairman was
authorized to execute the contract documents. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CONTRACT 192-0003 AND LEASE AGREEMENT WITH THE
TRUSTEES OF THE METHODIST HOME FOR CHILDREN, INC. FOR OPERATION
OF THE DEPARTMENT OF SOCIAL SERVICES' RECEIVING HOME
Director of the Department of Social Services, Wayne Morris,
stated the 1991-92 budget included funding for contracting the
operation of the Department of Social Services' Receiving Home to
the Methodist Home for Children. He commented on the need to
contract this service due to the difficulty experienced in
Obtaining foster parents, additional costs for operation of the
program, and the increase in the number of children being served
by the DSS Receiving Home. After thoroughly investigating this
issue, the Board of Social Services recommends contracting this
service in order to save money and provide a better level of care
to these children. The County will lease the house furnishings
and the station wagon to the Methodist Home for Children.
.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to approve the contract and lease agreement
with the Methodist Home for Children, Inc. as recommended by the
Board of Social Services. The Chairman was authorized to execute
the necessary contract documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
DESIGNATION OF CHAIRMAN FRED RETCHIN AS THE VOTING DELEGATE FOR
THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS CONFERENCE
IN WINSTON-SALEK, NORTH CAROLINA ON AUGUST 15-18, 1991
Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman
Mathews to designate Chairman Fred Retchin as the Voting Delegate
at the N. C. Association of County Commissioners to be held in
Winston-Salem, North Carolina, on August 15-18, 1991. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING
OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Retchin convened from Regular Session at 10:50
o'clock P.M. until 10:55 o'clock P.M. to hold a Regular Meeting
of the New Hanover County Water & Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
.
Evaluation of County Manager, County Attorney, and Clerk to the
Board Rescheduled to August 19, 1991
Chairman Retchin stated since the County Manager is going to
be on vacation on July 22, 1991, he would recommend postponing
evaluations for the County Manager, County Attorney, and Clerk to
the Board until the second meeting in August.
Consensus: After discussion, it was the consensus of the Board
to evaluate the County Manager, County Attorney, and Clerk to the
Board at the Regular Meeting of August 19, 1991.
Denial of Request for a County Commissioner to Serve on the
Wilmington/New Hanover Community Development Corporation
Chairman Retchin stated Ms. Allene Drain of the
Wilmington/New Hanover Community Development Corporation has
requested that a County Commissioner be appointed to serve on the
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... PAGE 560
Board of Directors.
Commissioners.
direction
from
the
He
requested
Consensus: After discussion, it was the consensus of the Board
not to appoint a county commissioner to serve on the
Wilmington/New Hanover Community Development corporation Board of
Directors.
Appointment of Luther Brown to Fill an Unexpired Term on the Cape
Fear Museum Board of Trustees
Chairman Retchin stated a letter has been received from the
Cape Fear Museum Board of Trustees notifying the Commissioners
that Joe Kessler has resigned and that the Board of Trustees has
requested appointment of Luther Brown to fill the unexpired term.
Motion: After discussion, commissioner sutton MOVED, SECONDED by
Chairman Retchin to appoint Luther Brown to fill the unexpired
term of Joe Kessler on the Cape Fear Museum Board of Trustees.
The floor was opened for discussion.
commissioner Greer expressed concern that this request was
not presented as a regular agenda item under commi ttee
appointments and stated he will vote for Mr. Brown; however, in
the future this type of appointment should be submitted according
to committee appointment procedures.
After further discussion, Chairman Retchin called for the
vote on appointing Luther Brown to fill the unexpired term on the
Cape Fear Museum Board of Trustees with the term expiring June
30, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of Members to the strategic Planning Task Force to
Develop a Plan for the continued Expansion of the Sewer System
Motion: Chairman Retchin MOVED, SECONDED
Mathews to appoint the following members
Planning Task Force for development of a plan
for expansion of the sewer system. Upon vote,
UNANIMOUSLY.
by
to
and
the
Vice-Chairman
the strategic
revenue source
MOTION CARRIED
Board of Realtors
Home Builders Association
League of Women Voters
American Society of civil Engineers
Wilmington Excellence
Member At-Large
County Commissioner
- Carlton Fisher
- Dean Potter
- Sue Hayes
Dan Dawson
- George Bair
- Rod Andrew
- Jonathan Barfield, Sr.
The Wilmington Industrial Development Committee did not
submit a name; however, a name will be submitted at the regular
meeting of July 15, 1991.
ADDITIONAL ITEMS
COUNTY MANAGER
Presentation of a Model Comprehensi ve Ground Water Protection
Plan
Assistant County Manager, Dave Weaver, presented a copy of
the Cape Fear Council of Government grant application to receive
funds from the Clean Water Act through the State for development
of a Comprehensive Ground Water Protection Plan for New Hanover
County. No funds are required from the County for the plan;
however, in-kind services will be provided by the County
Attorney, Assistant County Manager, Director of Planning and
Planning Technician. He emphasized the need for the plan and
stated he and the County Planning Director will be serving on the
Project Advisory Committee. The Board will be updated on the
progress of the grant award and plan.
A copy of the proposal is hereby incorporated as a part of
the minutes and is contained in Exhibit XIX, Page 11.
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Scheduling of Monthly Work Sessions
County Manager O'Neal commented on the need to better
understand the functions of County departments and recommended
scheduling a Work Session after the second meeting of each month
to hear a presentation from various departments. Also, the Work
Sessions can be utilized to discuss other matters such as the
development of the strategic planning process.
Consensus: After discussion, it was the consensus of the Board
to schedule the first Work Session on August 19, 1991, at 1:00
P.M. in Room 501 of the County Administration Building, for an
overview of the functions and duties of the Human Relations
Commission. Staff was directed to limit the Work Sessions to no
more than one or two hours.
Discussion of Budget Requests
Commissioner Barfield expressed concern for Department Heads
and Chairmen of Boards appearing before the County commissioners
after budget requests and recommendations have been reviewed by
the County Manager through the regular budgetary process. He
questioned the protocol of this procedure.
After further discussion, Chairman Retchin stated in order
to alleviate some of the problems during the budgetary process,
staff should forward budget requests and backup materials to the
Commissioners as soon as the requests are submitted to the Budget
Director. He emphasized the importance of allowing enough time
to study and review the budget requests in order to question the
Manager and Budget Team at scheduled Work Sessions.
Announcement of New Opening Date for the Expanded Cape Fear
Museum
Deputy County Manager, Mary Gornto, announced the Cape Fear
Museum opening date has been delayed from November 22, 1991,
until January 17, 1992, and requested the Commissioners to mark
their calendars accordingly.
commissioner Greer and Commissioner Sutton expressed concern
for delaying the opening until January 17, 1992, and encouraged
staff to move as quickly as possible in reopening the facility.
Consensus: After discussion, it was the consensus of the Board
to approve the date of January 17, 1992.
Discussion of EPA Violation by Jetstream
Director of Environmental Management, Ray Church, stated a
letter of violation has been received from the State's Solid
Hazardous Waste section pertaining to hazardous materials
discovered on the site where Jetstream was located. The letter
was written on November 26, 1990, but was not forwarded from the
State's Hazardous Waste Office to the County until June 3, 1991.
Proposals have been submitted for removal of a 55 gallon drum of
waste oil, a 5 gallon container of unknown materials, and 20
cubic yards of contaminated soils at a estimated cost of $7,000
to $8,000. He requested the Board to approve funding for removal
of the hazardous wastes in order to comply to the time
constraints.
Motion: After discussion of recovering removal costs from the
parties involved, Chairman Retchin MOVED, SECONDED by
Commissioner Sutton to appropriate funding up to $8,000 for
removal of the hazardous wastes and to instruct the Legal
Department to pursue recovering the funds from the parties
involved. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Report on Landfill Cell #2
Director of Environmental Management, Ray Church, reported
that the cover to Cell #2, which was damaged by high winds, has
been completed. The participating firms are now in arbitration,
and County will not be responsible for payment of the repairs.
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PAGE 562
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 11:47 o'clock P.M.
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LUCle F. Harrell
Clerk to the Board
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