1991-09-03 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 605
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 3, 1991, at 6:30 o'clock P.M. in
the Assembly Room of the New Hanover 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 and welcomed
all persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the ~nvocation.
Vice-Chairman Mathews 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 comment on an item listed on the Consent Agenda or
present an item not listed on the Regular Agenda.
No comments or items were presented.
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.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular
Meeting of August 19, 1991, as presented.
Ratification of Reappointment of Charles Grissom as
Extra-territorial Jurisdiction Member of the Carolina Beach
Planning and Zoning commission
The Commissioners ratified the reappointment of Charles
Grissom to serve as the extra-territorial jurisdiction member of
the Carolina Beach Planning and Zoning commission.
ADOPTION OF PROCLAMATION DESIGNATING SEPTEMBER 28, 1991, AS
"NATIONAL HUNTING AND FISHING DAY" IN NEW HANOVER COUNTY
The Commissioners adopted a proclamation designating
September 28, 1991, as National Hunting and Fishing Day" in New
Hanover County.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 16.
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Authorization to File a Grant Application to the N. C. Department
of cultural Resources, Division of the State Library
The Commissioners authorized filing of a grant application
by the New Hanover County Library to the North Carolina State Aid
Program. Estimated revenue is $135,124. The Chairman was
authorized to execute the grant application.
Acceptance of Addi tional Vector Control Grant Funds from the
Corps of Engineers and Approval of Budget Amendment #92-0036
The Commissioners accepted additional Vector Control funds
in the amount of $8,600 received from the U. S. Corps of
Engineers to be used to purchase computer equipment and fund a
temporary clerical employee to input data obtained from the
Corps' related mosquito surveillance. The Commissioners, also,
approved the following Budget Amendment to budget the additional
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MINUTES OF REGULAR MEETING, SEPTEMBER 3,- 1991
Page 606
funds recei ved from the County's agreement with the Corps of
Engineers for the County-operated Mosquito Control Program at the
Corps' dredge disposal islands:
92-0036 Health Department/Vector
Debit
Credit
Health Department/Vector
Federal Grant
$8,600
Contracted Services
Departmental Supplies
Capital Outlay - Equipment
$4,090
$ 631
$3,879
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Approval of Contract #92-0142 with the N. C. Department of
Environment, Health, and Natural Resources under the Coastal
Planning and Management Grant Program
The Commissioners approved a contract with the N. C.
Department of Environment, Health, and Natural Resources under
the Coastal Planning and Management Grant Program (CAMA) in the
amount of $9,281 for the Land Use Plan Update, Phase II and
authorized the Chairman to execute the necessary contract
documents. The Commissioners approved the following Budget
Amendment to budget additional CAMA funds which are to be used to
fund a telephone survey:
92-0040 Planning Department
Debit
Credit
Planninq Department
State Grant
$2,781
CAMA Flow Through
Contracted Services
Printing Expense
$1,031
$1,000
$ 750
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Approval of Budget Amendment #92-0037 - Health Department
The Commissioners approved the following Budget Amendment:
92-0037 Health Department/TB
Debit
Credit
Health Department/TB
Health Fees
$5,700
Contract Services
$5,700
Purpose: To budget additional funds in the TB program to cover
the increased cost of physician services. The additional revenue
will be generated by an increase in the program's fee schedule.
REQUEST FOR ENDORSEMENT OF A RESOURCE CONSERVATION DEVELOPMENT
PROJECT FOR THE CAPE FEAR REGION
Mr. C. Wilson Spencer, District conservationist, presented
details and the following advantages of establishing a Resource
Conservation and Development District (RC&D) for Region "0", the
Cape Fear Region:
1. Improve land and water resources for agricultural,
municipal, industrial, recreation, transportation,
and wildlife uses.
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2. Achieve better land use: protect prime farmland
and convert poorly suited cropland to grassland,
woodland, wildlife habitat, or recreation use.
3. Carry out RC&D planned activities such as erosion
and sedimentation control, flood prevention, farm
irrigation, land drainage, fish and wildlife hab-
itat improvement, and water quality management.
4. Improve and expand recreation facilities; pre-
serve and promote historical and scenic sites.
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MINUTES O:B REGULAR MEETING, SEPTEMBER 3, 1991
Page 607
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5. Encourage existing industries to expand and new
ones to locate in the RC&D district which will
create jobs; encourage industries to process and
use products of the area.
6. Improve, build, or bring in needed community
facilities such as hospitals, schools, sewage
treatment plants, solid-waste disposal systems,
water systems, and roads.
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7. Encourage training and retaining programs to
broaden job skills.
8. Provide soil, water, and related information to
agencies who guide resource management. This
helps these agencies to plan for farming,
ranching, recreation, wildlife, housing, industry,
and transportation.
9. Reduce pollution of air, water, and soil.
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Mr. Spencer stated the Conservation District Boards of
Supervisors have endorsed the proposed project for the Cape Fear
Region and the Boards of County Commissioners from Columbus,
Pender, and Brunswick have endorsed the project. Information has
been received that the U. S. Secretary of Agriculture will
appropriate funding of 20 RC&D districts with one project to be
located in the State of North Carolina. It is felt that the Cape
Fear Region has an exceptionally good opportunity of being
selected as the district for North Carolina since the existing
districts are more centrally located throughout the State. Mr.
Spencer requested the Board to endorse the RC&D district in order
to process the application to the U. S. Secretary of Agriculture
by October 1, 1991. If endorsed by the Commissioners,
authorization should be approved for execution of the application
by the Chairman and appointment of a member to serve on the
Council.
If the project is funded, the Soil & Conservation Service
will open an office in the 4-county region (Columbus, Brunswick,
New Hanover and Pender counties) with employment of a coordinator
and secretary. The coordinator will work with the RC&D Council
to develop a plan and establish project measures. The Council
will be composed of a County Commissioner from each county, a
member of the Soil & Water Conservation District from each
county, and at-large members from planning departments. Federal
funds will be available for critical area treatment such as flood
prevention, erosion and soil control, land drainage, water-based
fish and wildlife, etc. with the Council adopting the projects
and seeking other funds to implement the projects. The Council
will be established as a non-profit agency and will be eligible
to receive loans from the Farmers Home Administration and other
united States Department of Agriculture agencies.
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Mr. Spencer stated the County will not absorb any cost for
endorsement of the project; however, when the office is opened,
funding will be needed in the amount of $300-$400 per year for
postage and telephone expenses. He respectfully requested the
commissioners to endorse the project.
Chairman Retchin asked if the new office could become a part
of the Council of Governments (COG). Mr. Spencer stated the
Council of Governments has assisted with preparation of the
application, and he feels this type of arrangement could be
considered by COG.
commissioner Sutton inquired as to whether the rules and
regulations will be established by the council, or are there
existing rules? Mr. Spencer stated the plan, rules, and
regulations will be prepared by the council working with the
United States Department of Agriculture agencies.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
.page 608 ,."~
Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman
Mathews to endorse the project to establish a Resource
Conservation and Development District in Region 0, consisting of
Brunswick County, Columbus County, New Hanover County, and Pender
County, as requested by Mr. Spencer. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF PROCLAMATION DESIGNATING SEPTEMBER 17,
"CITIZENSHIP DAY" AND THE WEEK OF SEPTEMBER 17-23,
"CONSTITUTION WEEK" IN NEW HANOVER COUNTY
1991,
1991,
AS
AS
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Sutton to adopt a proclamation designating September 17, 1991, as
ncitizenship Day" and the week of September 17-23, 1991, as
nConstitution Weekn in New Hanover County.
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A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 16.
AUTHORIZATION FOR THE COUNTY ATTORNEY TO EXECUTE A QUITCLAIM DEED
(CONTRACT #92-0141) TO TAX FORECLOSED PROPERTIES OWNED JOINTLY BY
THE CITY OF WILMINGTON AND NEW HANOVER COUNTY
County Manager 0' Neal stated the city of Wilmington has
recommended approval of conveying the County's interest in Tax
Parcel No. R05409-009-013.000 and Tax Parcel No.
R05413-022-022.000 to Cape Fear Habitat for Humanity. The sites
will be used for two houses to be constructed by volunteers of
the agency as well as by the families who will reside in the
homes.
Motion: After discussion, Commissioner Barfield MOVED, SECONDED
by Vice-Chairman Mathews to authorize the County to execute' a
Quitclaim Deed to the' tax-foreclosed properties,
R05409-009-013.000 and R05413-022-022.000, in order to convey
interest to Cape Fear Habitat for Humanity. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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A copy of the contract is on file in the Legal Department.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 6:50
o'clock P.M.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sutton to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 7:02
o'clock P.M.
AUTHORIZATION TO PROCEED WITH CONDEMNATION OF TAX PARCELS
3600005006000 AND 3600005006001 FOR ACQUISITION OF EASEMENTS FOR
CONSTRUCTION OF THE SEWER LINE
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Motion: Upon the recommendation of the District Board of
Commissioners of the New Hanover County Water & Sewer District,
commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to
authorize the County Engineer to proceed with condemnation
proceedings to acquire a fifteen foot easement along the edge of
Tax Parcels #3600005006000 and #360000500060001 for construction
of the sewer line along Market Street. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 609
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Additional Items to be Placed at the End of the Agenda
Vice-Chairman Mathews recommended scheduling additional
items at the end of the agenda as done in the past. He expressed
concern for the general public being inconvenienced by having to
wait until additional items have been completed before beginning
Public Hearings.
.
County Manager O'Neal stated normally there are enough items
to schedule the time from 6:30 P.M. until 7:30 P.M. when Public
Hearings are to begin; however if the Board wishes to discuss
additional items at the end of the meeting, he will be glad to
prepare the agenda accordingly beginning with the meeting of
October 7, 1991.
APPROVAL OF LEASE AGREEMENT (CONTRACT #92-0156) WITH MOTOROLA FOR
LEASING OF DISPATCH SYSTEM AND INCOMING SYSTEM FOR THE 911 CENTER
Deputy County Manager, Mary Gornto, stated as discussed in
the Special Meeting of August 26, 1991, Staff has recommended
leasing of new equipment for relocation of the 911 Center during
the jail expansion. After review of existing equipment, it is
doubtful that the existing equipment can tolerate the move. The
relocation of the current equipment will cost $55,000 versus the
additional cost of leasing new equipment during FY 1991-92 at
$47,971. The following cost figures were presented:
MOTOROLA
Dispatch System
Incoming System
'.
TOTAL SYSTEM
$ 36,074
$ 21,561
$ 57,635
$ 27,670
$ 85,305
Total Lease
Installation (Southern Bell, Wilmington
Communications & Motorola
SOUTHERN BELL
Lines (on-going) and equipment rental
TOTAL COSTS
Budgeted Fiscal Year 1991-92
$ 70,612
$155,917
$108,000
$ 47,917
Additional Costs as a Result of the Move
Addi tional bids were received to lease the incoming and
dispatch system separately as follows:
SOUTHERN BELL BID:
Incoming System
Installation
Total Bid
$ 30,752
$ 33,755
$ 64,507
WILMINGTON COMMUNICATIONS
Dispatch System
Installation
Total Bid
BID:
$
$
$
38,706
3,600
41,306
TOTAL SYSTEM
$105,813
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Deputy County Manager Gornto presented the proposed lease
with Motorola with the following addendum:
Schedule A: (All radio dispatch equipment) This schedule
will be impacted by decisions made by the Radio Task Force;
therefore, a termination clause for the lease of the equipment
.has been included in Section 8.5 of the lease agreement.
Schedule B: (Incoming call equipment, and control unit)
This remains as a lease arrangement. The vendor change is due
solely to a substantial cost savings. There are no current or
anticipated changes which would impact this equipment.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 6.10
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Schedule C: (Automatic Number identification and Automatic
Location Information Monitors) Future plans to acquire a
Computer Aided Dispatch system could impact this equipment;
therefore, a termination clause is included in section 8.5 of the
lease agreement.
Terms: The term of the lease is five years.
Deputy County Manager Gornto requested approval of the
proposed lease with Motorola.
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Motion: Chairman Retchin commented on the need for new equipment
in order to provide the 911 service to the community and stated
since the cost of moving the old equipment is no more than the
cost of leasing new equipment during the fiscal year, he would
MOVE, to approve the lease agreement as recommended by staff.
The MOTION WAS SECONDED by Commissioner Sutton. The floor was
opened for further discussion.
commissioner Barfield, stated for the record, he cannot
approve the lease agreement because he feels the bid package was
prepared too quickly to allow ample time for all firms to bid on
the proposal.
Chairman Retchin called for a vote on the motion.
vote, the MOTION CARRIED AS FOLLOWS:
Upon
Voting Aye: Commissioner Greer
commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Voting Nay: Commissioner Barfield
commissioner Greer commented on continued increases being
incurred with the expansion of the jail as well as with other
proj ects and urged the County Commissioners to closely monitor
the impact of these expenses on the FY 1992-93 budget.
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ACCEPTANCE OF SECTION 18 GRANT FUNDS FOR THE TRANSPORTATION
SERVICES
Assistant to the County Manager, Pat Melvin, stated in
March, 1991, the County applied for section 18 funding to provide
transportation services to the elderly and handicapped
populations. Notification has been received from the State that
the General Assembly appropriated $2,000,000 for elderly and
handicapped transportation assistance and $300,000 to provide
transportation services for medicaid eligible pregnant women and
children for FY 1991-92. The funding represents 100% funding
from the federal and state governments with no local match
required. New Hanover County's share of these funds is as
follows: (1) $29,295 for the Elderly and Handicapped
Transportation Assistance Program; and (2) $4,218 for the
Medicaid Transportation Assistance Program for a total of
$33,513. The Medicaid Transportation Assistance Program is new
to Transportation Services; however, after discussion with the
Department of Social Services and Health Department, they have
agreed to assist with referrals of medicaid eligible pregnant
women and children. Staff recommends acceptance of the grant
application in the amount of $)3,513; authorization to spend
State funds rolled over from fiscal years 1989, 1990, and 1991 in
the amount of $33,316 along with one-half of the 1991-92
appropriation for a total of $48,260 to be spent in providing
transportation services to the elderly and handicapped
populations and medicaid eligible pregnant women and children by
December, 1991, as required by the State. This will leave a
total of $14,647 to be expended for the provision of the same
services.
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Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Sutton to accept the grant funds in the amount of $33,513;
authorize the Chairman to execute the grant agreement; and expend
funds in the amount of $48,260 for the Elderly and Handicapped
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MINlJT.ES OF REGULAR .MEETING, SEPTEMBER 3, -1991
Page 611
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Assistance Program and Medicaid Transportation Assistance Program
as recommended by the Assistant to the County Manager. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
DENIAL OF FUNDING CONTRIBUTION TO CABARRUS COUNTY PROPERTY TAX
CASE
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County Attorney
received from the N.
stated the questions
are as follows:
Pope commented on the amicus. brief just
C. Association of County Commissioners and
to be considered and answered by the courts
1. Does a private consultant that is retained for auditing
services violate public policy even though the County
entered into such a contract under the authority of the
State's General Statutes?
2. Must a discovery made by a County Tax Assessor be set
aside because of a contract with a private consultant
retained for auditing ad valorem taxes?
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Country Attorney Pope stated the majority of the counties
throughout the State do not have auditors on staff, nor does the
State of North Carolina have auditors available to render
assistance to counties; therefore, approximately four years ago,
counties were offered an opportunity to retain independent tax
auditors for business/personal property on a contingent fee
basis. Twenty-seven counties contracted with private firms.
Based on these auditors recommendations, over two billion dollars
in business/personal property has been discovered and
approximately eighteen million dollars in back taxes has been
recovered by the counties in North Carolina. The beneficiaries
of the audit programs are the counties remaining taxpayers who
have legally and correctly listed their taxes. The North
Carolina Association of County Commissioners and the North
Carolina League of Municipalities have joined in the preparation
of the amicus brief feeling that this case will likely determine
the legality of a number of contingent fee contracts in North
Carolina and directly affect the ability of local governments to
see that "all" taxpayers bear their lawful and fair share of the
tax burden. Two other points of interest are as follows:
1. When taxable property is not listed fully and
accurately, the county tax rate tends to increase
and taxpayers that have listed their property taxes
accurately are unjustly forced to pay higher rates.
2. Unfortunately, many taxpayers in North Carolina
have not and do not list their business/personal
property taxes fully and accurately, and because
of this failure the need of audits have arisen.
Records indicate that over 1/3 of the businesses
in the State fail to list their business/personal
taxes accurately.
3 .
The Property Tax Commission exceeded its authority
in rendering a decision on this matter since the
General Assembly and the State Courts are the
bodies who have the authority to declare the pUb-
lic policy of the State, not the Property Tax Com-
mission. In this case, the General Assembly has
seen fit to grant counties and tax assessors auth-
ority to hire auditors without restricting the
basis on which auditors may be hired, and if the
General Assembly had intended to ban contingent
fee contracts for auditors, the Legislature would
have done so ,by Statute.
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County Attorney Pope stated the amicus brief must be filed
with the Court of Appeal by Friday, September 6, 1991, and the
North Carolina Association of County Commissioners has requested
support of this effort by all counties whether they do or do not
contribute financially.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 612 . . ',;
County Manager O'Neal stated the financial contribution
outlined by the N. C. Association of County Commissioners is
based upon the following formula: (1) counties already
participating on a contingent contract fee basis with an auditing
firm are requested to contribute on a 2 1/2 cents per capita
basis; and (2) counties without a contingent contract with an
auditing firm are requested to contribute on a 1 1/2 cents per
capita basis; therefore, New Hanover County's share would be at 1
1/2 cents per capita for a financial contribution of $1,804.
commissioner Greer expressed concern for joining in a legal
battle to decide on this issue, particularly when firms are hired
on a contingency basis, and stated he is opposed to contributing
or supporting this cause. He stated the aUditing process should
be performed in-house even if new County employees have to be
hired to perform this service.
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Chairman Retchin stressed the importance of all persons
listing and paying taxes fairly and stated the ability to find
deficiencies in tax listings will save other taxpayers money.
Vice-Chairman Mathews expressed concern for Tax Management
Associates, Inc. contacting local businesses by phone instead of
courtesy letters being mailed from the Tax Administrator in
advance of the audit. County M~nager O'Neal stated this issue
has been discussed with the Tax Administrator and courtesy
letters are now being forwarded.
Commissioner Sutton objected to the contingency fee contract
for services rendered and stated he does not object to hiring an
outside firm since he believes everyone should accurately list
and pay their fair share of taxes.
Chairman Retchin requested direction from the
financially assisting the N. C. Association
Commissioners in pursuing this matter.
Board in
of County
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County Attorney Pope stated the County's present contract
with Tax Management, Inc., though not a contingent fee contract,
is being challenged by some business taxpayers in the State.
Consensus: After further discussion of a financial contribution,
it was the consensus of the Board not to contribute financially
to this cause.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY AT THE
SOUTHEAST CORNER OF U. S. HIGHWAY 17 (MARKET STREET) AND PORTERS
NECK ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
Commission discussed at length the effect of existing zoning
requirements on the tract and agreed that the site could be
developed more efficiently if the commercial zoning district was
expanded. After a 4-3 vote to approve the B-2 rezoning request,
the opponents pointed out the undesirable uses that are permitted
under B-2, and the Planning Commission made a new motion to
rezone the property to B-1 Business which provided for more
neighborhood oriented services.
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Chairman Retchin asked if anyone present would like to speak
in favor of the proposed rezoning request. The following person
commented:
Attorney David G. Sneeden, representing the petitioner, R.
Glenn Lea and William J. Batuyios, stated the recommended
modification of the rezoning by the Planning Commission is
acceptable to the petitioners. He commented on the increased
growth in this area with a need for neighborhood oriented
services, and stressed the importance of granting the petitioners
the ability to develop the site which has been severely impacted
by SHOD regulations and the presence of a 100 foot CP&L
right-of-way.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 613
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Chairman Retchin asked if anyone present would like to speak
in opposition to the proposed rezoning request. No one
commented.
Chairman Retchin closed the Public Hearing.
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Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED
by Commissioner Sutton to approve the recommendation of the
Planning Commission for rezoning the property at the southeast
corner of U. S. Highway 17 and Porters Neck Road to B-1 Business
from R-15 Residential. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning
Book I, section 5, Page 22.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
ESTABLISH A FAMILY CEMETERY ON THE WEST SIDE OF CAROLINA BEACH
ROAD, SOUTH OF MYRTLE GROVE ROAD (S-335)
Attorney Andrew Waters, representing the petitioner, Mr.
William Bordeaux, stated he had just recently been retained by
the family and would like to request a continuance of the Public
Hearing in order to have ample time to prepare and present the
findings.
Attorney William J. Boney, Jr., representing the residents
of the area, requested that the Public Hearing not be continued.
Chairman Retchin requested direction from the Board.
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Consensus: After discussion of the Public Hearing being
advertised and the number of persons present, it was the
consensus of the Board to hold the Public Hearing as scheduled.
BREAK
Chairman Retchin convened from Regular Session for a break
from 8:10 o'clock P.M. until 8:25 o'clock P.M.
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 by the Clerk to the
Board.
The following person was sworn in.
Ms. Alvenia Mims
Planning Director Hayes stated the Planning Commission after
carefully considering the facts concluded a cemetery was an
inappropriate use for the property and recommended denial of the
request for issuance of a Special Use Permit. The Planning
Commission also felt that access to the site was inadequate and
that future development in the area could become difficult if the
cemetery was developed but later abandoned.
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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:
1. The proposed use will not require the provision of water and
sewer services; however, such services could be impacted.
2. The site is located within the Myrtle Grove Volunteer Fire
Department District.
3. Currently, access to the site is along a private, unimproved
driveway. This driveway is part of a designated access easement
which was awarded through a court decision.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 614
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General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
/
1. The Zoning Ordinance simply references the state Health
Department for guidance; however, no guidelines at the state
Health Agency have been designated to regulate the use. Also,
the local Health Department has no regulations governing this
use.
2. The state statutes are generally "silent" regarding family
cemetery operations; however, through the North Carolina Cemetery
Act, the state does provide for the licensing and regulation of
commercial grade cemetery operations. The state's only reference
to private cemeteries is the provision to allow qualified persons
to enter a private property to maintain or visit a private grave,
either by consent of the property owner or by court petition.
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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:
1. Land uses in the area consist of scattered single-family
residential uses, a mobile home park, and utility services. The
site is immediately adjacent to vacant wooded acreage tracts.
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 finding:
1. As noted, the area has a variety of housing types and other
uses, although there are no other cemetery uses nearby.
2. There is a single grave recently placed on the property.
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Chairman Retchin asked if anyone from the general public
would like to speak in favor of granting the Special Use Permit:
The following person commented:
Attorney Andrew Waters, representing the peti tioner,
commented on the findings presented by Staff and stated the
proposed use does comply to the four general requirements. He
stated the cemetery will not materially endanger the public
health or safety since no water and sewer services will be
required. Also, the use will not injure the value of adjoining
or abutting property since mobile homes and a variety of
dwellings are already located in the area. The location of the
cemetery site will not virtually impact surrounding properties
and the proposed use is in harmony with the area.
Attorney Waters stated the petitioner will be
clearly designate and record the access to the site as
improve the access road to a minimum of four (4) inch
least 12 feet wide. Also, the petitioner is willing to
the cemetery with a chain link fence with no signage.
glad to
well as
marl at
enclose
Attorney Waters also commented on the Planning Commission
assuming that the petitioners are going to abandon the cemetery
in the future and stated a good faith effort has been made by the
petitioners in retaining an attorney and agreeing to comply to
the conditions as presented in Staff's findings. He requested
the Commissioners to grant the Special Use Permit.
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Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the special Use
Permit. The following person commented:
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Ms. Alvenia Mims, a niece of an adjacent property owner,
expressed concern for the public health and safety of the area
and stated with inadequate access, traffic would become hazardous
through the crossing of backyards and homesites when funeral
.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 615
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services are held. Also, concern was expressed for the
decomposition of bodies and the impact on surrounding water
wells. Pictures of the grave site were presented and concern was
expressed for the devaluation of surrounding properties. Ms.
Mims requested the Board to deny issuance of the Special Use
Permit.
Attorney William J. Boney, Jr., representing residents of
the neighborhood, commented on the 12-15 foot access easement
ordered by the court to Mr. Bordeaux and stated this order does
not provide ownership interest; therefore, the access road cannot
be used for a business use. He also commented on the visual
sight of the vault exposed above the ground, and the shock to
surrounding neighbors when they realized a body had been buried
on this site. He expressed concern for the lack of State
regulations governing private or family cemeteries and stated
issuance of a Special Permit for this purpose will certainly
devalue adjoining properties as well as endanger public safety by
the creation of traffic on a small access road. He requested the
Board to uphold the recommendation of the Planning Commission and
deny issuance of the Special Use Permit for a family cemetery.
commissioner Sutton commented on the court order with the
right of egress and ingress and inquired as to whether Mr.
Bordeaux has the right to improve the road since he does not own
the road? Attorney Boney stated, in his opinion, Mr. Bordeaux
does not have the right to improve the road.
commissioner Sutton requested Attorney Waters to express his
opinion on whether Mr. Bordeaux has the right to improve the
road. Attorney Waters stated the property owner would have to
agree to improve the road. He also commented on that fact that
the petitioner is not desiring to develop a commercial cemetery
and stated he would like to clearly establish the fact that the
proposed use is for establishing a family cemetery.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the negative impact of a family
cemetery on a small parcel of land in a residential neighborhood,
Commissioner Barfield MOVED, SECONDED by Commissioner Greer to
deny issuance of a Special Use Permit based upon the evidence and
findings concluding the following general requirements were not
met: (A) The proposed use does not satisfy the second general
requirement based on the following findings: (1) the access road
on the site plan could not be improved as illustrated; (2) the
number of graves and subsequent funeral operations conducted on
the site is excessive; (3) the site's limited access over
backyards and home-sites would create hardships on neighboring
properties; (B) The proposed use does not satisfy the third
general requirement based upon the following findings: (1) The
proposed cemetery would devalue adjoining residential properties
because the cemeteries presence would reduce the attractiveness
of the area for continued residential use; (C) The proposed use
does not satisfy the fourth general requirement based upon the
following findings: (1) The development of a cemetery with the
burial of family members outside the general neighborhood and
communi ty would not be compatible or harmonious with the area.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Order denying issuance of the Special Use
Permi t is hereby incorporated as a part of the minutes and is
contained in sUP Book I, Page 46.
Chairman Retchin commented on the manner in which the vault
had been placed above ground and expressed concern for no state
or local regulations pertaining to private or family cemeteries.
Consensus: After further disc~ssion, it was the consensus of the
Board to request Commissioner Greer to discuss the possibility of
establishing regulations with the Board of Health.
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PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF ARCHDALE ROAD
LOCATED IN BRICKSTONE ESTATES SUBDIVISION IN HARNETT TOWNSHIP
(SC-54)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated after review of the
proposed road closing, this portion of Archdale Road will not
"landlock" or preclude road access; however, the County Engineer
recommends that a 30 foot utility easement (15 feet on each side
of the centerline) be reserved for sewer, water and drainage
purposes.
o
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the proposed road closing. The
following person commented:
Mr. R. Howryla, the petitioner and property owner on
Archdale Road, requested approval of the road closing in order to
avoid connecting the proposed McCormick Subdivision to Brickstone
Subdivision through an extension of Archdale Road.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sutton to approve an ordinance closing a portion of Archdale Road
in Brickstone Subdivision as requested by the petitioner. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 16.
REPORT ON MARINA REGULATIONS IN NEW HANOVER COUNTY
Planning Director, Dexter Hayes, presented a report
outlining possible courses of action for additional regulations
for marina development at the local level. The following local
regulatory options were presented:
Alternative I - Follow "Status Quo" This approach would leave
the State mostly responsible for the permitting process, although
the County would continue to be involved in local review for
commercial marinas only as now mandated by the Zoning Ordinance.
An example of existing local review is the Special Use Permit
review of commercial marinas desiring to locate in specified
residential districts and for commercial marinas with floating
structures.
o
Alternative 2: A simple pro-active option would be to require
all marina developments as defined by the Zoning Ordinance, to
obtain a Special Use Permit. This action would require changing
community boating facilities to a Special Use Permit from a use
by right and possibly establishing general review criteria. This
would provide discretionary local control. A sample of the
needed text changes for Alternative 2 are as as follows:
Community
Boating
Facility
R-15
S
B-1
S
RA
S
PD R-20S
S S
R-20
S
R-10
S
Add:
72-37 Community Boating Facilitv
permitted in the pD' R-20S, R-20,
Districts provided:
These
R-25,
facilities may be
R-10, RA and B-1
o
1. It can be demonstrated that no adverse impacts will
occur which negatively affect water quality, primary nursery
areas, shellfish grounds, and ~onservation resources if not
contiguous with a residential development.
2. Off-street parking will be provided at a ratio of one
space per boat slip.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3" 1991
Page 617
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3. The number of boat slips may not exceed the number of
residential lots or dwelling units within the associated
residential development.
4. The right for use of the facility must be conferred by
an easement appurtenant to the residential project it is intended
to serve.
.
5. Commercial activities, including but not limited to the
sale of gasoline, oil, marine supplies and food stuffs shall be
strictly prohibited.
Revise:
72-31 Commercial Marina, add:
5. It can be demonstrated that the siting of the facility
will not negatively affect water quality, primary nursery areas,
shellfish grounds, and conservation resources.
Revise:
72-31.5 Commercial Marina with Floating structures, add:
11. It can be demonstrated that the siting of the facility
will not negatively affect water quality, primary nursery areas,
shellfish grounds, and conservation resources.
Alternative 3: Another option would be to revive a package of
marina regulations presented to the Planning Commission in 1988,.
The specifics of these recommendations are outlined below:
.
Amend:
23-62
Community Boating Facility a Private non-profit boating
facility, including a dock, dry storage, pler, boat ramp,
channels, and/or basin, and all associated features, the use of
which is intended to serve five (5) or more residences or
residential lots. The right to use the facility must be
conferred by an easement appurtenant to the residence or
residential lot it is intended to serve. No floating structures
or commercial activities of any kind shall be allowed within the
confines of the facility.
Amend:
23-63
Marina - Any dock, pier, boat ramp, channels, and/or basin
and all associated structures, other than a community boating
facility or residential private pier, providing permanent or
temporary harboring or storing boats. Marine sales of boats,
fuel, engines, food or accessory equipment, may be associated
with a marina.
Amend:
72-31
Marinas and Community
community boating facilities
districts, provided that:
Boating Facilities
may be permitted
Marinas and
in all zoning
1. Dredging shall be performed for marinas and community
boating facilities only for the following purposes:
.
a. To establish upland basin sites above mean
high water line.
b. To establish ingress and egress channels.
The provision of land areas suitable to accommodate disposal
needs of dredged materials for future maintenance dredging
shall be required.
2. A marina or community boating facility may occur in any
Primary Nursery Area provided the water depth from mean
low water is greater than four feet. No dredging shall
be allowed in Primary Nursery Areas for marinas or
community boating facilities except for ingress and
egress channels. The designation of an area as a
Primary Nursery Area shall be determined by the N. C.
Division of Marine Fisheries.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
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3. Marinas, with the exception of boat ramps, dry storage
facilities, and wet slips that accommodate boats no"
longer than 25 feet, shall not be located within the
following distances of shellfish that are propagating
and surviving in a biologically suitable habitat, as
determined by the N. C. Division of Marine Fisheries.
No. of Boats
in Marina
"Closed Marina"
"Open Marina"
0-10
10-25
26-50
50-75
76-100
100
boats
boats
boats
boats
boats
boats
100 feet
20 feet
275 feet
325 feet
400 feet
Add'l 50 ft. for each
add'l 25 boats
50 feet
199 feet
150 feet
170 feet
200 feet
Add'l 25 ft. for
each add'l 25 boats
o
"Closed marinas" are defined as those constructed in canals,
small basins, small tributaries, or other areas with
significantly restricted tidal flow. "Open marinas" are those
constructed in areas where tidal currents have not been impeded
significantly by natural or man-made barriers. The entrance
canal to "closed marinas" with more than 50 slips cannot be
within 100 feet of shellfish that are propagating and surviving
in a biologically suitable manner.
4. The basins and channels of marinas and community boating
facilities shall met the following design characteristics
in order to promote adequate water circulation:
a. The basin and channel depths shall gradually increase
toward open water and shall not be deeper than the
water to which they connect.
o
b. When possible, two openings shall be provided at
opposite ends of the basin to establish flow through
circulation.
c. The basin shall be round or oval shaped.
d. The sides of basins and channels shall be sloping and
stabilized with either rip-rap or vegetation.
e.
Adverse
waters
access
boating
effects
shall be
to deep
facility.
on navigation and public use of
minimized while allowing adequate
waters from the marina or community
f. Open water marinas and community boating facilities
shall not be enclosed within breakwaters that signi-
ficantly reduce circulation of water.
5. Marinas and community boating facilities shall post notices
prohibiting the discharge of any waste from boat heads and
explaining the availability of local pump-out services.
6. Boat maintenance areas shall be allowed only in marinas.
These areas must be designed so that all scraping, sand-
blasting, and painting will be done over dry land with
adequate containment devices to prevent runoff or discharge
of waste materials into adjacent waters.
()
7. All marinas that accommodate boats longer than 25 ft. shall
provide permanent pump-out facilities with a sewage disposal
system approved by the County Health Department. All waste-
water piping shall be constructed in compliance to the N. C.
state Plumbing Code.
8. All marinas shall provide a minimum of one (1) off-street
parking space per wet boat slip and per two (2) dry storage
slips.
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MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1991
Page 619
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9. All marinas shall provide a buffer in compliance with section
67 along all property lines abutting residential districts.
10. Night lighting shall be contained on the site for marinas
located in or adjacent to any residential district.
11. A site plan shall be submitted for all marinas and community
boating facilities for review and approval by the County
Commissioners.
Amend:
72-31. 5
Marinas with Floating Structures - A marina with floating
structures may be permitted in any zoning district, provided:
1. Floating structures.........
10. .........New Hanover County Zoning Ordinance.
Amend:
50-2
Tabulation of Permitted Uses by adding Marina and Community
Boating Facility as Special Uses in all zoning districts.
.
Director Hayes stated the report was presented to the
Planning Commission and after a lengthy discussion concerning
existing local regulations, as well as State permitting
procedures, it was determined that no changes were needed at the
local level. The Planning commission pointed out that the State
review process is very thorough, and despite allegations of
inconsistencies in those regulations and the fact that the
regulations are under constant evolution, there was not enough
justification to add another layer of review. However, the
Planning Commission did recommended re-evaluating local
regulations every year since the State's regulations are
constantly being amended.
Motion: After, discussion of the State review process and the
fact that regulations are constantly changing for permitting
boating and marina facilities, Chairman Retchin MOVED, SECONDED
by Vice-Chairman Mathews to accept the recommendation of the
Planning Commission, which is to allow the local marina
regulations to remain unchanged, but to request the Planning
Commission to closely monitor future amendments to the State
regulations and review the County's regulations within the next
8-12 months. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin, on behalf of the Board, expressed
appreciation to the Planning Staff and Planning Commission for an
excellent report.
ADDITIONAL ITEMS
COUNTY COMMISSIONERS
.
Announcement of Meeting wi th Chairmen and County Managers of
Pender, Brunswick, Columbus, and New Hanover County to Discuss
Jointly Addressing the Solid Waste Issue
Chairman Retchin announced a meeting with the Chairmen and
County Managers of Brunswick, Columbus, New Hanover, and Pender
counties will meet at 2:30 P.M. in the Wilmington Hilton on
Wednesday, September 4, 1991, to discuss the possibility of
handling solid waste on a regional basis. He invited the
Commissioners to attend.
Discussion of Code of Ethics for County Commissioners
Vice-Chairman Mathews presented a sample Code of Ethics and
stated at the N. C. Association of County Commissioners
Conference, the Commissioners were urged to request their
respective Boards to adopt a Code of Ethics.
After further discussion, it was agreed for the Board to
review the document and discuss this item at a later date.
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MINUT,ES OF REGULAR MEETING, .SEPTEMBER 3, 1991
Page 62.0
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Discussion of Regulations Governing Overgrown Property
commissioner Sutton commented on the Chairman's recent
memorandum pertaining to the possibility of amending the County's
ordinance to address overgrown property situations and stated
this type of regulation would be more difficult to enforce in the
County than in the City, especially on woodlands where the
ordinance would require that grass be cut to a certain height
along the public right-of-way or within 100 feet of a structure.
He stated if an amendment is to be considered, the wording-should
be changed to address all type of lots in the unincorporated
areas of the County.
Chairman Retchin stated the language can be changed to amend
the nuisance ordinance, which would probably be more appropriate.
He requested the County Manager to further investigate this
matter.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 9:29 o'clock P.M.
Respectfully submitted,
~d~
Lucie F. Harrell
Clerk to the Board
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