1992-02-03 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 792
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 3, 1992, at 6:45 P.M. in the New
Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
.
Members present were: Commissioners Jonathan Barfield, Sr.;
Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer;
Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County
Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell.
Chairman Mathews called the meeting to order and welcomed all
p'ersons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Wayne Barkley, Pastor of New Life Church, gave the
invocation.
Scout Troop #255 led the audience in the Pledge of Allegiance
to the Flag.
NON-AGENDA ITEMS
Chairman Mathews asked if anyone from the general public would
like to present an item not listed on the Regular Agenda or comment
on an item listed on the Consent Agenda.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin 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 January 6, 1992, and Budget Work Session of January 10, 1992, as
presented by the Clerk to the Board.
Approval for Disposal of Jury Cards
The Commissioners approved the disposal of jury cards for the
year 1988 in accordance with provisions under Chapter 9 of the
North Carolina Statutes as requested by the Register of Deeds.
Approval of Maintenance Agreement with Biomedical Alternatives of
virginia, Inc. for Cardiac Care Equipment- EMS
The Commissioners approved an agreement with Biomedical
Alternatives of Virginia, Inc. for maintenance of Cardiac Care
Equipment and authorized the County Manager to execute the
agreement. The renewal agreement reflects a $540 decrease.
.
A copy of the agreement is on file in the Legal Department.
Adoption of Resolution Awarding Bid #92-0245 to Carolina Coast
Harley-Davidson for Purchase of Motorcycles and Approval of Budget
Amendment #92-0113 - Sheriff's Department
The Commissioners awarded the low bid to Carolina Coast
Harley~Davidson for purchase of three (3) 1992 Motorcycles for the
Sheriff's Department in the amount of $20,985; authorized the
Chairman to execute the contract documents; and approved the
following Budget Amendment:
92-0113
Sheriff's Dept./Federal Forfeited Property
Debit
Credit
Sheriff Dept./Federal Forfeited Property
Federal Forfeited Property
$22,000
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 7.9.3.
Motor Vehicle Purchases
$22,000
Purpose: To budget federally forfeited revenue for purchase of
motorcycles for the Sheriff's Department.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 28.
Approval of Addendum to Retirement Incentive Downsizing Pla<n, -
Department of Human Resources
The Commissioners approved an addendum to the Retirement
Incentive Package of the Downsizing Plan to compensate four
individuals who chose to retire on January 1, 1992, based upon
information that did not prove to be correct. The addendum
authorizes payment of the difference between the estimated payment
and the actual payment to be paid to these individuals on a monthly
basis for the duration of their lives at an annual cost of $1,539.
The payment is not transferable to beneficiaries.
Budget Amendment #92-0107 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
#92-0107 Non-Departmental and outside Agencies - Human Services
Debit
Credit
Non-Departmental
Contingency
$397
outside Aqencies - Human Services
Child Advocacy Commission
$397
Purpose: To budget funds approved on December 16, 1991, for the
purpose of paying 1991 real property taxes due to the County on
real property owned by the Child Advocacy Commission on Greenfield
Street.
Approval of Budget Amendment #92-0112 - Museum Expansion
The Commissioners approved the following Budget Amendment:
#92-0112 Museum Expansion capital project
Debit
Credit
Museum Expansion Capital proiect
contributions
$4,000
Contingency
$4,000
Purpose: To budget a contribution received for the Museum
Expansion Capital Project.
CONVEYANCE OF SURPLUS PROPERTY OWNED JOINTLY BY THE CITY AND COUNTY
TO CAPE FEAR HABITAT FOR HUMANITY
County Manager O'Neal presented a request by Cape Fear Habitat
for Humanity for conveyance of the county's portion of tax
foreclosed property jointly owned by the City and County located at
621 South Eighth Street. The property will be used for
construction of a home for a low income family. Once construction
is completed, the property will be returned to the tax rolls.
Mr. Larry Sneeden, a member of Cape Fear Habitat for Humanity,
commented on volunteers who so willingly give of their skills to
construct homes for persons in need of housing, and requested
approval of the property conveyance.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to convey the County's portion of surplus property located at
621 South Eighth Street (Tax Parcel #5409-009-12) to Cape Fear
Habitat for Humanity through private negotiation with the County
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MINUTES OF REGULAR MEETING,' FEBRUARY 3, 1992 PAGE 794
Attorney handling the necessary legal procedures. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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ADOPTION OF AMENDMENTS TO MBE/WBE POLICY
Assistant to the County Manager, Pat Melvin, presented the
following amendments to the MBE/WBE policy in an effort to deter
bid shopping and ensure that subcontractors are paid for work
performed:
1. Chanqes in Forms to be Submitted bv the Prime Contractor:
The number of forms has been reduced from six to three in an
effort to reduce paper work and deter bid shopping among non-
minority as well as minority firms. When a contractor is
submitting a proposal, the following forms must be returned
along with the bid documents:
-Form MBE/EEO-5, Report of Participating Subcontractors, will
list and provide information concerning all
subcontractors/sub-trade contractors when awarding a bid to a
single prime contractor.
-certification of Competitive Bids: This document requires
the signature of the contractor showing that two bids have
been solicited from prospective subcontractors and/or
suppliers on the project.
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-Form MBE/EEO-7: This form requires the prime contractor to
submit information concerning contacts made with all
subcontractors, rather than just minorities and women. The
prime contractor must list all subcontractors showing the date
of contact, whether minority or woman owned, responses given,
and whether dollar prices were quoted.
The forms will allow the County to more accurately monitor the
MBE/WBE Policy to see if the County is meeting its MBE goals and
maximizing opportunities for minorities and women business
enterprises.
commissioner Sutton inquired as to whether some provision has
been established when the subcontractor is not able to move forward
with the signing of the contract.
Assistant to the County Manager, Pat Melvin, stated if the
subcontractor is not able to fulfill his/her proposed agreement,
the prime contractor will be allowed an opportunity to replace that
subcontractor with another contractor. If that subcontractor is a
minority woman business owner, the subcontractor will have to be
replaced with another minority woman business owner.
Motion: After discussion of the importance of deterring bid
shopping and maximizing opportunities to minority and women
business enterprises, commissioner Retchin MOVED, SECONDED by Vice-
Chairman Greer to approve the change in forms submitted by the
prime contractor as presented by Staff. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
.
2. Subcontractor Lien Waiver Affidavit: The purpose of the
Lien Waiver Affidavit is to assure the County that sub~ontracto~s
have been paid for work performed on the project. After review of
the AIA and City of Wilmington lien waiver forms, Staff recommends
usage of the form as presented.
commissioner Barfield commented on the standard lien waiver
affidavit and inquired "as to whether the proposed lien waiver
affidavit is as stringent. County Attorney Pope stated the
proposed lien waiver affidavit is more stringent because of the
mandate that subcontractors are required to state whether or not
they have been paid.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 795
Commissioner Sutton recommended having both contractors and
subcontractors to execute the document before a notary.
After further discussion, County Attorney Pope recommended
preparing the lien waiver affidavit to require notarized signatures
and sworn information.
commissioner Barfield recommended information being forwarded
to subcontractors in the bid package informing them of their rights
before award of the bid.
Motion: After further discussion, commissioner Retchin MOVED,
SECONDED by Commissioner Barfield to approve the lien waiver
affidavit as presented contingent upon establishing a policy that
will require the subcontractor to appear before a notary in a
county office with a County official being responsible for advising
the subcontractor of his rights at the time of execution. The
County Attorney is to determine what office would be appropriate
and other necessary logistics for implementation of the
requirement. Upon vote, to the MOTION CARRIED UNANIMOUSLY.
3. Procedures for Evaluatinq Contractors by Ordinance: The
Prequalification Ordinance is the result of an act passed by the
General Assembly on May 27, 1991, allowing the Board of County
Commissioners and the City of Wilmington to provide procedures for
evaluating work performed by construction contractors on capital
improvements projects. Contractors bidding on a project will be
required to fill out the following forms: (1) a New Hanover County
Pre-qualification Reference form ~urnishing information about the
company, work references, and other data to enable the County to
determine the contractor's ability to perform the work required;
and (2) an AIA form, entitled "Contractors Qualification Statement"
covering areas to be considered other than those outlined in the
County forms.
The ordinance provides pre-qualifying standards setting forth
a list of 12 items that can be considered as cause for justifying
disqualification of a contractor from bidding on a county
construction project. Prior to the formal request for proposals by
the County, contractors disqualified from bidding, may appeal to
the County Manager as a result of the information furnished by the
contractor. The ordinance will become a part of the bid package.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton for adoption of the Prequalification Ordinance for
evaluation of contractors as pre~ented by the County Attorney.
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 28. The
ordinance will be codified into the County Code.
AUTHORIZATION TO FILE AN APPLICATION FOR SECTION 18 FUNDING WITH
THE N. C. DEPARTMENT OF TRANSPORTATION FOR PURCHASE OF VANS TO BE
USED BY THE NEW HANOVER COUNTY CONSOLIDATED TRANSPORTATION SYSTEM
Director of Aging and Chairperson of the Transportation
Advisory Board, Annette Crumpton, presented a status report on the
Consolidated Transportation System and requested authorization to
file an application for Section 18 funding to purchase three (3)
vans for transporting elderly and disabled County residents. The
number of vans to be purchased is consistent with the
Transportation Development Plan adopted by the Board of
Commissioners on December 19, 1988. The funding request was
presented as follows:
Total Amount:
Federal Share:
State Share:
County Share:
$80,824
$47.010
$15,670
$18,144*
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MiNUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 796
*County Share includes excise taxes, tags and registration,
which must be paid for by the County without federal or state
assistance.
Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer
to approve filing of an application for 1992-93 section 18 grant
funds for the purchase of three (3) vans. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
.
PRESENTATION BY FORT FISHER AQUARIUM SUPPORT COMMITTEE
Mr. Walter Hickey, Chairman of the Fort Fisher Aquarium
Support Committee, commented on the purpose of the committee and
the need to support the Fort Fisher Aquarium. He expressed concern
for the proposed facility in Wilmington, particularly with the
amount of funds needed to construct and maintain an aquarium of
this type ,and requested the Commissioners to support the Fort
Fisher Aquarium and oppose construction of a new facility.
commissioner Sutton expressed concern for drawing any
co~clusions until the study has been completed.
commissioner Retchin stated it would be difficult for him to
believe that the results of the study will be a positive report for
constructing a world-class aquarium in downtown Wilmington;
however, due to the severe beach erosion at the Ft. Fisher
Aquarium, he feels the Committee should focus on obtaining funds
for the Ft. Fisher revetment project.
.
Carolina Beach Council Member, Sheila Davis, commented on the
need for a County Commissioner to serve on the Fort Fisher Aquarium
Support Committee, regardless of endorsement or opposition to the
proposed aquarium, and emphasized the importance of preserving this
historic site.
After discussion, Commissioner Retchin volunteered to serve on
the Committee and stated he would attend the meeting scheduled for
February 10, 1992.
POSTPONEMENT OF ESTABLISHING A NON-PROFIT CORPORATION TO MANAGE AND
OPERATE THE WASTE-TO-ENERGY FACILITY
County Attorney Pope requested postponing this item until the
meeting of February 17, 1992, in order to further discuss the
proposed formation of the non-profit corporation with Bond Counsel.
Consensus: It was the consensus of the Board to postpone this item
until the meeting of February 17, 1992.
APPOINTMENT OF MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE
NON-PROFIT CORPORATION TO OPERATE AND MANAGE THE WASTE-TO-ENERGY
FACILITY
Commissioner Sutton recommended increasing the number of
members.
Motion: After discussion, Commissioner Sutton MOVED, SECONDED by
Commissioner Retchin to appoint 16 members to the WTE Board of
Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY.
.
Motion: After nominations by each County Commissioner, the
following persons were appointed to serve on the WTE Board of
Directors by a majority vote:
County Gommissioner:
William H. Sutton
Council Members:
Mayor Don Betz, City of Wilmington
John Sherrill, Wrightsville Beach
Board of Aldermen
Charles Gilbert Jones, Carolina Beach
Town Council
Mayor Jack Foster, Kure Beach Town
Council
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 79.7
Ex-officio Member:
Assistant County Manager/Director of
Environmental Management
At-Large Members:
Charles Agnoff
R. B. Brown
Bob Pace
Gene Renzaglia
James B. Wright
s. Keith Cooper
Phyllis W. Jackson
R. Daniel Latta
Chester D. Rudolf
Charles Wall
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~RESENTATION OF PROPOSAL FOR NEW HANOVER REGIONAL MEDICAL CENTER TO
BECOME A PUBLIC HOSPITAL AUTHORITY
Ch~irman Mathews expressed appreciation to the members of the
Hospital Board of Trustees for appearing before the County
Commissioners to present the proposal and stated the Board has
decided to defer action until scheduling a Work Session to further
discuss this topic. He emphasized the importance of thoroughly
analyzing the benefits of a public hospital authority to ensure
that this form of operation is in the best interest of the public
health and welfare of our citizens.
Mr. Lewis T. Nunnelee III, Chairman of New Hanover Regional
Medical. Center Board of Trustees, expressed appreciation for
discussion of this item on such short notice and stated the purpose
of the proposed hospital authority is to provide everyone,
regardless of whether they can or cannot pay, quality health care.
He requested Mr. David Plate, President of New Hanover Regional
Medical Center to present the proposal.
Mr. Plate commented on the high quality of medical care
provided by New Hanover Regional Medical Center and stated in order
to continue to provide the current level of care and move forward,
the Hospital Board of Trustees would like to present their reasons
for requesting the Medical Center to become a public hospital
authority.
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The following facts and figures were presented:
1. primary Rationale: To reduce the increasing rate of health
care costs by one to three million dollars a year.
2. Purpose of Hospital Authority: To provide an alternate method
for counties and cities to provide hospital, medical and health
care to all citizens, including low income persons.
3. Proposed organization: Presently the Board of County
Commissioners appoints members to the Hospital Board of Trustees.
Under an authority, the Chairman of the Board of County
Commissioners would appoint members to the Authority.
4. Major Issues: (1) Medical Center ownership remains with the
County; (2) The Medical Center will now finance its facilities and
equipment; (3) The Medical Center will assume the County's general
obligation bond indebtedness of $3,760,000 and annual debt service
of $697,308 freeing funds to be used for other County needs; (4)
The Medical Center's capital needs will not clutter up the County's
ability to borrow money; (5) decreased duplicative effort by the
County and Medical Center on all of the Center's installment
contracts; (6) Leasehold restrictions will give County needed
controls over the Authority; (7) the Medical Center lease with the
County will extend beyond 5 years to legally accommodate future
financing; (8) it is recommended that the Medical Center become a
Hospital Authority Board with unchanged physician representation;
(9) the County will continue to appoint Hospital Authority Board
members; (10) The Medical Center Authority status and trustee
appointments are subject to'recall; and (11) Purchasing flexibility
allows the Medical Center to buy more locally.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 798
5. Financial Benefits: (1) Increase Medical Center investment
options will annually provide increased non-operating revenue; (2)
estimated 10%-15% savings on all major construction through more
f'lexible prime vendor arrangements; and (3) the Medical Center tax
exempt status is strengthened. Figures were presented on the cost
savings.
.
6. Effect of Authority Status on Health Care Costs: Charts were
presented on investment fund depreciation and bidding criteria
reflecting the amount of money saved annually as well as the
average savings per patient. Also, charts were presented showing
changes under a hospital authority versus the current operation of
the hospital. Emphasis was placed on the fact that indigent care
will not be changed.
In summary, the Hospital Authorities Act of North Carolina was
enacted to enable public hospitals to operate in an efficient
manner by strengthening the ability to control costs and function
more economically; create a more precise indigent care stipulation;
and make construction and purchasing requirements more flexible.
Also, the Medical Center will assume the County's general
obligation bond indebtedness, and the ownership will remain with
the people of New Hanover County.
7. Action Requested by the Hospital Board of Trustees: Adoption
of a resolution by the Board of County Commissioners to create a
Hospital Authority.
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Discussion was held on scheduling a Work Session for the
County Commissioners before meeting jointly with the Hospital Board
of Trustees. County Manager 0' Neal stated the agenda for the
meeting of February 17, 1992, is short; therefore, the Board may
wish to consider discussing this issue at the Work Session
scheduled for 1:00 P.M.
Consensus: After further discussion, it was the consensus of the
Board to hold a Work Session on February 17, 1992, for the Board of
County Commissioners to discuss this issue with the County Attorney
before scheduling a joint meeting with the Hospital Board of
Trustees.
BREAK
Chairman Mathews called for a break from 8:35 P.M. until 8:48
P.M.
ADOPTION OF POLICY STATEMENT FOR ESTABLISHING A BUILDING COMMITTEE
TO OVERSEE COUNTY BUILDING PROJECTS
County Manager O'Neal presented the following policy statement
for establishing a Building Committee:
POLICY STATEMENT
It shall be the policy of the New Hanover County Board of
Commissioners to appoint a Building Committee for the purpose of
providing direction and overseeing construction projects approved
and funded by the New Hanover County Board of Commissioners.
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The Committee shall convene after a project is funded and meet
as necessary with appropriate County staff to review architectural
proposals, review designs, and change orders. Recommendations will
be prepared and presented to the Board of County Commissioners.
The Building Committee shall be composed of individuals with
expertise in the following categories:
1. Building Contractor
2. Engineer
3. Architect
4. Banker
5. citizen at-large
6. County Commissioner
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 799
Vice-Chairman Greer expressed concern for restricting
appointments to five categories and recommended appointment of more
than one qualified applicants to a category, particularly, when no
applications are received for a specific category and other
applicants are highly qualified.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer
to approve establishment of a Building Committee as recommended
with involvement of the committee at the onset of a project. The
Clerk to the Board was requested to advertise. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
f)
ADOPTION OF RESOLUTION OF INTENT TO SCHEDULE A PUBLIC HEARING TO
CONSIDER CLOSING A PORTION OF AN UNIMPROVED RIGHT-OF-WAY ON THE
WEST SIDE OF BALD EAGLE LANE
Planning Director, Dexter Hayes, stated the petitioner and
several residents of Bald Eagle Lane have requested holding a
Public Hearing to close a 20 foot dedicated, unimproved right-of-
way on the west side of Bald Eagle Lane abutting Porters Neck
Plantation. The closure is requested due to potential vehicular,
pedestrian and bike traffic from Porters Neck Plantation down to
the Intracoastal Waterway. As shown on the map, the unnamed road
could eventually serve as a pedestrian access for residents of
Porters Neck Plantation to the Intracoastal Waterway. Other areas
to the north and south will provide boat/pedestrian access ramps,
which can be shared by Porters Neck residents and Bald Eagle Lane
residents. Residents strongly feel that potential traffic could
reduce the serenity and privacy of the area.
Motion: After discussion, Commissioner Sutton MOVED, SECONDED by
Commissioner Retchin to adopt the Resolution of Intent to hold a
Public Hearing on March 4, 1992, to consider closing a portion of
an unimproved road on the west side of Bald Eagle Lane. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the Resolution of Entent is hereby incorporated as
a part of the minutes and is contained in Exhibit Book XIX, Page
28.
f)
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR DEFINITION
OF "CEMETERY" (A-227, 1/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, presented background
information on the request by the Commissioners for defining
cemeteries and establishing a special use permit criteria for their
location and general design. The Planning Commission debated the
issue and chose to define "cemetery" in a way that would require
all burials, including single grave sites, to obtain a special use
permit when necessary. The Planning Commission voted unanimously
to define cemeteries as follows:
Add 23-97
Cemetery - Parcel of land used for the permanent internment of
one (1) or more dead human bodies and uses customarily incidental
to the operation of a cemetery.
Due to no specific criteria for the review of cemeteries in
residential districts, the Planning Staff presented the following
recommendations to the Planning Commission:
f)
Add 23-97
Cemetery: Land or buildings used for the permanent internment
of one (1) or more dead human bodies or cremated remains of human
bodies in addition to any accessory buildings and uses customarily
incidental to the operation of a cemetery.
Revise 72-2 Cemetery to read: Cemetery - A cemetery is permitted
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 800
in any Residential District and the Planned Development District
provided:
1. The cemetery has direct access to an existing public
or private street built to minimum N. C. Department of
Transportation standards.
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2. A minimum of two acres shall be required for private
\ cemeteries. Commercial-grade cemeteries must comply with
the provisions of the North Carolina Cemetery Act.
3. All cemeteries must be enclosed by chain link or
other type of security fencing at least four feet in
height.
4. A buffer shall be required when the cemetery is
adjacent to residential use and/or platted residential
lots.
5. All accessory buildings, above ground crypts,
mausoleums and similar structures must be set back a
minimum of 35 feet from all peripheral property lines of
the tract on which they are located.
6. Burial Depth ~ In no case shall the top of the buried
casket be less than three feet from the finished grade of
the land, or within one foot of the high water table.
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Planning Director Hayes stated the Planning Commission felt
the performance criteria recommended by the Planning staff would
confuse the review process and in some cases not be practical for
establishment of smaller private cemeteries on large tracts of
land; therefore, the Commission recommended establishment of a
definition for a cemetery with each case reviewed through the
special use process.
Planning Director Hayes also stated a member of the general
public recommended changing the definition to read internment and
"entombment", which would be appropriate and suggested that the
Board may wish to consider this request.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed Text
Amendment. The following person commented:
Ms. Alvena Mims urged the Commissioners to adopt the proposed
Text Amendment, and asked what areas of the County will be governed
by the ordinance regulations? Planning Director Hayes stated all
unincorporated areas of the County must comply to the regulations.
Chairman Mathews closed the Public Hearing.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Vice-Chairman Greer to adopt the Zoning Text Amendment
defining cemetery with the addition of the word "entombment" as
proposed by the Planning Commission. The floor was opened for
discussion.
.
commissioner Barfield recommended incorporating the criteria
as proposed by the Planning Staff under 72-2 as part of the motion
in order to better inform the general public.
Chairman Mathews called for a vote on the motion. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Retchin
commissioner Sutton
Vice-Chairman Greer
Chairman Mathews
Voting Nay: Commissioner Barfield
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M~NUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 80-1
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to convene from Regular Session to hold a meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 8:59 P.M.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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Chairman Mathews reconvened to Regular Session 9:58 P.M.
BREAK
Chairman Mathews called for a break from 9:59 P.M. until 10:12
P.M.
PUBLIC HEARING TO CONSIDER ZONING TEXT AMENDMENT TO CONSIDER
RECOMBINATION OF NON-CONFORMING VACANT LOTS OF RECORDS TO COMPLY
WITH MINIMUM AREA REQUIREMENTS (A-228, 1/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
commission voted 5 to 2 in favor of restoring the original language
governing the recombination of non-conforming lots of record. The
Planning Commission agreed with the applicant and staff that the
original language was better suited to preserve existing land use
patterns in established neighborhoods. Those members opposed to
adoption of the old language felt the current arrangement does not
create serious threats or hardships on existing older neighborhoods
where many of these lot types can be found. Prior to September
1976, adjoining non-conforming vacant lots of record were
considered one single lot or several lots provided the minimum
zoning district requirements were met. This means that if several
adjoining lots were in single ownership, the lots would have to be
combined for the purpose of building in order to meet the minimum
area requirements of the district in which such lots were located.
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Permitting the current form of non-conforming lot
recombination without regard for minimum lot area is inconsistent
as follows: (1) it promotes the infusion of densities at levels
greater than established land uses. The result is the creation of
lots inconsistent with the established lot patterns when most
adjoining situations meet or exceed the mandated minimum lot areas
in those neighborhoods; and (2) it promotes density levels that are
inconsistent with established land classifications. A number of
these lot scenarios occurred in Seagate, Masonboro, Airlie Road,
Summer Rest Road and Seabreeze. Most of those lands are classified
Conservation and/or Resource Protection. Density levels should not
exceed 2.5 units per acre. However, there are increasing
frequencies where these types of lots are being sought after and
are being recombined in order to exceed the density limits
established for the neighborhood.
Staff recommends the original language be adopted in place of
the current provision.
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Chairman Mathews asked if anyone from the general public would
like to speak in favor of the proposed Text Amendment or in
opposition to the request.
Ms. Jane Hardwick, the petitioner, commented on an adjoining
lot which accommodates one house on a 1-acre tract and stated the
property has been sold with the developer planning to place four
houses on the same lot; therefore, she petitioned the Planning
Commission to prepare the proposed Text Amendment in order to avoid
situations of this type and uphold the integrity of the Zoning
Ordinance.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 802
Chairman Mathews closed the Public Hearing.
commissioner Retchin expressed concern for reconfiguration
that allows the developer to build four houses on a 1-acre lot.
Planning Director Hayes stated reconfiguration is an exemption
from the subdivision law under North Carolina state statute. For
example, if four lots contiguous are recombined and recorded as
four lots, even though the configuration has changed, the land is
still recorded as four lots; therefore, the lots become exempt from
the subdivision law.
Motion: After a lengthy discussion of present setbacks governing
construction, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Barfield to adopt the original language in place of the current
provision. 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 28.
PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO REQUIRE
DEAD-END STREETS BE EQUIPPED WITH A PAVED TURN-AROUND OR A CUL-DE-
SAC (A-229, 1/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated at the request of Jim
Cook, District Engineer of the North Carolina Department of
Transportation, Staff presented to the Planning Commission a Text
Amendment requiring a paved turn-around at the end of all dead-end
streets.
The Planning Commission was receptive to the need; however,
several changes were incorporated into the recommendation. First,
the Planning commission did not want to limit turn-arounds to just
culs-de-sac. So, language was added to permit other types of turn-
arounds subject to approval by the Department of Transportation.
Secondly, the Planning Commission eliminated language requiring
paving up to the property line and included language requiring the
right-of-way be platted to the property line. The recommended
changes are as follows:
Under 41-1(7), Add:
(I) Dead-End Streets: All dead-end streets, excluding stub-
streets as specified in (h)l. and 2. above shall be constructed
with a cul-de-sac with a minimum radius of 40 feet (31 foot
pavement radius) or other paved turn-around as approved by the
Department of Transportation. If the dead-end street abuts
undeveloped property and access to that parcel is needed to
facilitate its development, the turn-around shall be platted so
that a road connection to the adjoining property can be made. The
cul-de-sac or turn....around may be removed once the street is
extended to adjacent property.
The Planning Staff is concerned for the proposed design and
the possibility of the Department of Transportation not accepting
dead-end streets for maintenance. This could create serious
hardships for property owners, particularly when road maintenance
is needed. A remedy to this problem is to require all dead-end
streets (public and private) be equipped with a paved turn-
around/culs-de-sac designed to DOT specification. This can be
accomplished by amending the ordinance as follows:
Under 41-1(7), Add:
(I) Dead-End Streets - All dead-end streets, excluding stub-
streets as specified in (h)l. and 2. above, shall be constructed
with a cul-de-sac with a minimum radius of 40 feet (31 foot
pavement radius). If the dead-end street abuts undeveloped
property and access to that parcel is needed to facilitate its
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PAG~ 80,3"
development, the turn-around shall be paved contiguous with the
property line so that a road connection to the adjoining property
can be made. The cul-de-sac may be removed once the street is
extended to adjacent property.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed
Subdivision Text Amendment.
No public comments were received.
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Chairman Mathews closed the Public Hearing.
Motion: After discussion, commissioner Retchin MOVED, SECONDED by
Vice-Chairman Greer to approve the Subdi vision Text Amendment
requiring dead-end streets be equipped with a paved turn-around or
cul-de-sac as recommended by the Planning Commission. 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 28.
PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING ADDRESS NUMBERS
TO TERMINAL ROAD NORTH AND SOUTH
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, requested adoption of an
ordinance to systematically assign address numbers to Terminal Road
North and South in order to provide ambulance, fire fighting, law
enforcement, and postal delivery.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the assignment of
address numbers as presented.
No public comments were received.
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Chairman Mathews closed the Public Hearing.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer
to approve systematically assigning address numbers to Terminal
Road North and South as presented by the Planning Staff. 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 28.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Proclamation Designating the Week of February 9-15;
1992, as "CHILD PASSENGER SAFETY AWARENESS WEEK" in New Hanover
County
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner sutton
to adopt a proclamation designating the week of February 9-15,
1992, as "CHILD PASSENGER SAFETY AWARENESS WEEK" in New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as part of
the minutes and is contained in Exhibit Book XIX, Page 28.
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Discussion of Requesting Assistance From UNC-W for Resolving the
Howe Creek Pollution Problem
commissioner Sutton recommended asking UNC-W to assist with
resolving the Howe Creek pollution problem.
County Manager O'Neal emphasized the importance of the State
being the lead agency in overseeing the Howe Creek closure and
stated he will write a letter to the N. C. Department of
Environmental Management offering the assistance of the County and
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992
PAGE 804
encouraging them to invite UNC-W to participate in resolving this
problem.
commissioner Sutton expressed concern for requesting the State
to invite UNC-W and recommended authorizing the Chairman to write
a letter to the Chancellor.
.
commissioner Barfield stated the County does not have testing
facilities anq/or funds to perform water quality samplings; and in
his opinion, the State should be the lead agency in overseeing all
agencies involved.
No action was taken.
Discussion of Budget Process
Commissioner Sutton requested an update on the budget process.
County Manager O'Neal stated Department Heads will submit
budget requests on February 10, 1992, at a 10% reduction; however,
until the school and human services budgets have been received, it
is impossible to project figures.
commissioner Retchin requested figures on the gross payroll
for FY 1991-92 versus the proposed gross payroll for FY 1992-93.
commissioner Sutton inquired as to the figures for
implementation of the Pay & Classification Plan and requested that
these figures be prepared. County Manager O'Neal stated these
figures have been budgeted for FY 1991-92.
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Discussion was held on the elimination of positions at the
Juvenile Services Center. County Manager O'Neal stated during the
downsizing process, 18 positions at the Juvenile Services Center
were considered to be eliminated; however, if the State should
provide sufficient funding for the County to operate the program,
the positions will be added to the payroll roster.
commissioner Sutton commented on costs invol ved with the
Juvenile Services Center and stated if the State does fund
operation of the facility, additional costs will still be incurred
by the County. He also commented on the County's shortfall and
urged the County Manager to present budget figures as quickly as
possible.
Consensus: After further discussion, the County Manager was
requested to submit figures for implementation of the Pay &
Classification Plan in FY 1991-92, as well as for FY 1992-93 and to
present figures on funds saved through elimination of positions
during the downsizing process.
ADDITIONAL ITEMS - COUNTY MANAGER
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Announcement of Cape, Fear Council of Governments Region "0"
Transportation Forum
County Manager O'Neal encouraged the Commissioners to attend
the Cape Fear Council of Governments Region "0" Transportation
Forum to be held on February 18, 1992, from 11:30 A.M. until 2:00
P.M. at Wally's Restaurant at Wrightsville Beach.
Tour Scheduled for Brunswick Nuclear Facility
Consensus: After discussion of the need for each Commissioner to
visit the facility, it was the consensus of the Board to schedule
a tour of the Brunswick Nuclear Plant on March 31, 1992, at 12:00
noon.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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~~NUT:ES OF REGULAR MEETING., FEBRUARY 3, 1992.
PAGE~89o
Chairman Mathews adjourned the meeting at 10:59 o'clock P.M.
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Lucie F. Harrell
Clerk to the Board
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