1992-03-04 Regular Meeting
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 827
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Wednesday, March 4, 1992, at 6:30 P.M. in the New
Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
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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
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Keith Wiley, Pastor of Ebenezer Baptist Church, gave
the invocation.
Vice-Chairman Greer 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.
Ms. Elsie Brisson, a representative of Coastal Sash & Door
Company (a subcontractor for the Senior Center) inquired as to when
Leader Construction Company will be paid in full for completion of
the Senior Center and stated it is her understanding that Coastal
Sash & Door will not be paid until the County had paid Leader.
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County Attorney Pope stated payment to Leader Construction
Company by the County has no influence on the legal process
established for ensuring that subcontractors are paid. The County
requires a bond from all contractors for the sole purpose of
protecting subcontractors and suppliers. Ms. Brisson was requested
to contact the Legal Department for assistance in filing a
complaint to the bonding company for payment of work performed.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield 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
and Special Work Session held on February 17, 1992, as presented by
the Clerk to the Board.
Adoption of Resolutions Adding Roads to the State Highway System
The commissioners adopted resolutions adding the following
roads to the State Highway System:
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Hemlock Rd. (Sec. 1, Maplewood Subdivision)
Farm Road (off of Sidbury Road)
Crosswinds Dr.; Offshore Dr.; Rushing Dr.; Rushing
ct.; Leeward ct.; Northeaster Dr. (Section 1, Cross-
winds Subdivision)
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XIX, Page 30.
Ratification of Appointment of Mr. Rex Wayne O'Dell As
Extraterritorial Member of Carolina Beach Board of Adjustment
The Commissioners ratified the appointment of Rex Wayne O'Dell
to serve as the extraterritorial member of the Carolina Beach Board
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 828
of Adjustment. This appointment fills the unexpired term of
William Brown, who is no longer eligible since he lives within a
recently annexed area by the Town of Carolina Beach.
Acceptance of Personal Property Disposals Report in Accordance with
G.S. 160A-266 (C) - Tax Department
The Commissioners accepted the Personal Property Disposals
Report for the period of July 1, 1991, through December 31, 1991,
as submitted by the Finance Director.
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A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 30.
Award of Bid #92-0235 and Approval of Contract #92-0235 for
Purchase of Vehicles - Sheriff's Department
The Commissioners adopted a resolution awarding the lowest
responsible bid to D & E Car Exchange, Inc. in the amount of
$18,500 for purchase of a 1991 Monaco and 1990 Dynasty. The
Chairman was authorized to execute the contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 30.
A copy of the contract is on file in the Legal Department.
Authorization for Filing of a Mini-Grant with the N. C. Youth
Advisory Council - Health Department
The Commissioners authorized the filing of a mini-grant in the
amount of $676 with the N. C. Youth Advisory Council to support the
activities of the Friends in Health Club, which provides support
and student leadership to the New Hanover County Health
Dep~rtment's "Teen Guidance and Insight on Health" program.
Approval of Budget Amendment #92-0129 - Committee of 100
The Commissioners approved the following Budget Amendment:
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Non-Departmental/Outside Agencies/Economic & Physical Development
Debit
Credit
Non-Departmental
Contingencies
$10,000
Outside Aqencies/Economic &
Physical Development
Committee of 100
$10,000
Purpose: To transfer funds from contingencies for an additional
contribution of $10,000 to the Committee of 100.
Budget Amendment #92-0127 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
92-0127 Human Services Transportation system
Debit
Credit
Human Services Transportation System
Federal - DOT 18-B-2 Vans
State - DOT 18-B-2 Vans
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$35,091
$11,697
Motor Vehicle Purchases
$46,788
Purpose: To budget federal and state grant revenues for the
purchase of three vans for the Human Services Transportation
System. The grant application was ,qpproved by the Commissioners on
February 18, 1992. No additional County funds are required.
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 829
Approval of Budget Amendment #92-0130 - Social services/Child Day
Care
The Commissioners approved the following Budget Amendment:
92-0130 Social services/Child Day Care
Debit
Credit
social Services/Child Dav Care
Office of Day Care Services
$68,213
Day Care Services
$68,213
Purpose: To budget additional State allocation for the Child Day
Care Program to purchase day care services. No additional County
funds are required.
Approval of Budget Amendment #92-0132 - special Fire District
The Commissioners approved the following Budget Amendment:
92-0132 Special Fire District/volunteer Fire Departments
Debit
Credit
Special Fire District/Volunteer
Fire Departments
Appropriated Fund Balance $149,725
Winter Park Volunteer Fire Dept. $149,725
Purpose: To budget an allocation of $149,725 from the Fire
District Fund Balance to purchase pagers for a fully integrated
paging system for the volunteer fire departments as recommended by
the Board of Fire Commissioners on February 19, 1992. The system
will simplify dispatch procedures for the 911 Center and provide a
faster and more consistent dispatch for fire calls. provisions
have been made in the configuration of the system and equipment to
accommodate growth and expansion of fire dispatch functions.
winter Park Volunteer Fire Department will coordinate the purchase
for all of the volunteer fire departments.
Approval of Budget Amendment #92-0131 - Aging Department
The Commissioners approved the following Budget Amendment:
92-0131 Aging Department
Debit
Credit
Aqinq/Administration
contributions
$1,000
Aqinq/Senior Center
Other Improvements
Departmental Supplies
$ 650
$ 350
Purpose: To budget donations from individuals and groups to the
Department of Aging for a sound system at the new Senior Center and
other small items that will enhance the new Center.
Approval of Request for Closure of Flemington Oak Grove cemetery
The Commissioners approved closing of Flemington Oak Grove
Cemetery as recommended by Staff. The cemetery, which has
occasionallY been used for pauper burials, is in a difficult
location for maintenance and supervision. The County will continue
to maintain the existing cemetery; however, the cemetery will be
closed for future burials.
RECOGNITION OF NEW HANOVER COUNTY COOPERATIVE EXTENSION SERVICE FOR
RECEIVING THE STATE COUNTY EXTENSION EPSILON SIGMA PHI OUTSTANDING
PERFORMANCE AWARD
Chairman Mathews, on behalf of the Board, presented a
certificate of Appreciation to Phil Ricks, the Director of the
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County Cooperative Extension Service and employees of the agency
for receiving the state County Extension Epsilon Sigma Phi
outstanding Performance Award. Congratulations were extended for
bringing this honor to New Hanover County.
Director of the Cooperative Extension service, Phil Ricks,
introduced the following members of staff: Joy Frauson, Denise
Dicks, Susan Boyette, Sandra Hughes and David Barkley; and stated
the award is sponsored and presented by the National Epsilon Sigma
Phi Fraternity composed of members of Cooperative Extension
Services throughout the country; therefore, the honor is quite
meaningful since it is chosen by peers. He also commented on being
recognized for a food nutrition program entitled, the American
Health Association Food Festival, and the fact that Agricultural
Extension Agent, David Barkley has been chosen to participate in
the "North Carolina in the World Program" and will be spending two
weeks in Ecuador to be totally funded by the State. Emphasis was
placed on the number of awards received by the County Cooperative
Extension Service and the outstanding group of employees.
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100th BIRTHDAY CELEBRATION OF THE NEW HANOVER COUNTY COURTHOUSE
The Commissioners were requested to authorize a 100th Birthday
Celebration for the County Courthouse located at 24 North Third
Street, Wilmington, N. C., at a cost less than $1,000. The County
will purchase a plaque and hold a dedication program followed by
refreshments and a two-hour open house on April 20, 1992, from 3:0q
P.M. until 5:00 P.M.
Discussion was held on the fact that the Regular Meeting of
the Board is scheduled for Tuesday, April 21 with the suggestion
that the celebration be held on the same day.
Motion: After discussion, commissioner Retchin MOVED, SECONDED by
Commissioner Barfield to authorize Staff to hold a 100th Birthday
Celebration of the Courthouse on April 21, 1992, from 3:00 P.M.
until 5:00 P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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PRESENTATION OF THE 1990-91 HUMAN RELATIONS ANNUAL REPORT
Mr. Ed Mayorga, Past Chairman of the New Hanover Human
Relations Commission, presented the 1990-91 Annual Report and
commented on the following accomplishments with emphasis being
placed on the dedicated work of the Human Relations Commission,
Staff and volunteers:
-Receipt of the "David S. Col traine Award" for leadership,
commitment, and service.
-The Human Relations Month Gala, an event unique to New
Hanover County and one of the most successful public
gatherings for the recognition of human relations leadership
in our community.
-The three-part "Past, Present and Future" symposium in which
hundreds of persons shared their experiences relative to human
relations in New Hanover County and helped set an agenda for
the future.
-Well attended workshops on the new Federal Fair Housing
amendments, the Americans with Disabilities Act, and sexual
harassment.
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-$69,000 in case settlements, the highest in several years.
-103 new charges of employment and housing discrimination
filed, the largest number since 1983.
-An average case processing time of 87 days, compared to 'a
national average of 254 days.
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 831
Chairman Mathews, on behalf of the Board, expressed
appreciation to the Human Relations Commission for an excellent
report.
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Motion: Commissioner Retchin complimented the Human Relations
Commission for outstanding work in the promotion of human relations
throughout the community as noted at the Awards Banquet and MOVED,
SECONDED by Vice-Chairman Greer to accept the report as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the report is on file in the Human Relations office.
DISCUSSION OF SCHEDULING A JOINT MEETING WITH THE WILMINGTON CITY
COUNCIL
County Manager O'Neal stated after discussion of a meeting
date with City officials, the morning of April 15, 1992, at 7:30
A.M. has been selected. The City will host the first meeting with
the County hosting another meeting in approximately six months.
commissioner Retchin requested that another date be selected
due to a conflict of meeting dates, and, also, recommended that
discussion of merging the Planning and Parks & Recreation
Departments should be placed on the agenda.
commissioner Barfield recommended discussing the merging of
departments among the Commissioners before discussing this item
with the City.
Commissioner Retchin stated this issue has been discussed
among the commissioners with Staff instructed to work with City
officials for preparation of a recommendation; therefore, he feels
the City and County should begin to discuss this item.
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Consensus: After further discussion, it was the consensus of the
Board to direct the County Manager to schedule a joint meeting with
the City on April 22, or 29, 1992, at 7:30 A.M. with preparation of
an agenda for discussion of joint legislative issues and a Status
Report on the progress made by City and County Staff Members on the
possibility of merging the Planning and Parks & Recreation
Departments. The Board will be informed of the meeting date.
DESIGNATION OF THE CAPE FEAR COUNCIL OF GOVERNMENTS AS THE LEAD
AGENCY FOR THE HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS
AND ESTABLISHMENT OF THE AGING ADVISORY COUNCIL
Deputy County Manager, Mary Gornto, stated legislation was
enacted during the 1991 Session of the General Assembly, which
established a Home and Community Care Block Grant for Older Adults
to combine existing funds currently administered by Aging and
Social Services into a "common funding stream" ~ The purpose of the
legislation is to improve the management and delivery of services
to older adults, and in order to implement the Block Grant, a lead
agency must be designated with establishment of an Aging Advisory
Council. Staff recommends designating the Cape Fear Council of
Governments as the lead agency and appointing the following members
to serve on the Aging Advisory Council. No additional County funds
are required.
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-Dept. of Aging Director (or designee):
-Aging Advisory Council:
-RSVP Advisory Committee:
-VOCAL:
-Areas Agency on Aging (COG Committee):
-Dept. of Social Services Dir. (or designee) :
Annette Crumpton
Louise Siler
Allen Cobb
Bert Kring
Bill Hepfinger
Wayne Morris
Director of Aging, Annette Crumpton, further explained the new
plan and stated the Commissioners will have more flexibility in how
funds are spent, the level of services rendered, and who the
service providers will be.
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PAGE .8.32
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to designate the Council of Governments as the lead agency
responsible for the Home and Community Care Block Grant for Older
Adults and to establish an Aging Advisory Council composed of
members as recommended by Staff. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ACTION DEFERRED ON JOINING CAPE FEAR RIVER BASIN ORGANIZATION
County Manager O'Neal stated the Fayetteville Area Chamber of
Commerce is requesting jurisdictions along the Cape Fear River to
establish a Cape Fear River Basin Organization to prevent
interbasin transfers. Other such organizations in the state have
proven to be instrumental in limiting interbasin transfers;
therefore, the County has been requested to join in with this
effort. Staff recommends responding positively to the Fayetteville
Area Chamber of Commerce based upon the need to prevent further
interbasin transfers. The cost to the County would be minimal.
Mr. Jack Henriksen commented on the Cape Fear River as being
the most valuable resource in New Hanover County and stated an
Advisory Task Force composed of representatives from industry, the
Department of Environmental Management, and environmental action
groups worked with the Committee of 100 in performing a Cape Fear
River Water Quality Study specifically showing the ecology of the
river. He requested the Commissioners to allow the Advisory Task
Force to present the study before deciding to join the Cape Fear
River Basin Organization.
commissioner Retchin inquired as to whether this group would
be in competition with the Cape Fear River Basin Organization.
Mr. Kurt Taube, Executive Director of the Lower Cape Fear
Water & Sewer Authority, stated the two agencies will not be
competitive with each other; however, it is imperative that all
agencies work together in limiting interbasin transfers so that the
area's water supply will not be effected.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Chairman Mathews to delay action on this item until the
report has been heard from the Advisory Task Force. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
PRESENTATION ON USE OF HUD REFUND MONIES BY THE WILMINGTON HOUSING
AUTHORITY
Mr. J. Alan Jones, Executive Director of the Housing
Authority, commented on the use of HUD refund monies in the amount
of $1,620,821 and presented the following plan:
-The following funds are available from the sale of houses in
Creekwood North:
$1,442,485
168,732
$1,620,821
Refund from HUD
Held in Housing Authority Reserve
Total Proceeds from Sale of Turnkey
III Houses
$1,774,388
Principal Balance on the Remaining
Houses to be Sold
As required by HUD the Housing Authority must submit a plan
after consultation with resident organizations and local
governments. This synopsis is intended to advise residents,
Housing Authority Commissioners, and local elected officials of the
plan for the use of the refund from the sale of houses in Creekwood
North. The plan only budgets for the use of the $1,620,821
received by HUD from houses already sold. As houses are sold in
the future, the proceeds from the $1,774,388 may be allocated to
one or more of these housing programs.
The funds will be used as follows:
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MtNUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 83"3
$200,000
- Modernization and Landscaping Improvements to
Public Housing Developments
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$500,000
$500,000
$400,000
$20,821
- Development of Apartment Complex
- Home Ownership Pool
- Homeplace Housing
- Down Payment Assistance
$1,620,821 - Low Interest Rate Construction Loans
The Commissioners were requested to endorse the plan as
presented.
Commissioner Barfield inquired as to whether the funds will be
confined to the City Limits. Mr. Jones stated the proposal as
presented is within the corporate limits of the City; however,
consideration can be given to using the funds anywhere within the
Housing Authority's jurisdiction.
commissioner Barfield commented on a recent meeting with HUD
officials in Washington, D. C., and stated federal funds may become
available for providing ownership of units in projects, such as
Jervay.
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Mr. Jones stated the Housing Authority is moving rapidly in
developing self-sufficiency programs and expressed appreciation to
members of the County Staff for giving of their time to work on the
Jervay Project, particularly Law Enforcement, the Department of
Social Services, and Administrative Staff. -
Motion: After further discussion of the Housing Authority's
jurisdiction, Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to endorse the plan as presented with the recommendation
that, "where appropriate", funds will be used throughout New
Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the plan is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 30.
BREAK
Chairman Mathews called for a break from 8:00 P.M. until 8:10
P.M.
ADOPTION OF ORDINANCE AMENDING CHAPTER 8, FIRE PROTECTION AND
PREVENTION, ARTICLE II AND ARTICLE III OF THE NEW HANOVER COUNTY
CODE
The Commissioners were requested to adopt amendments to
Chapt~r 8 of the Fire Protection and Prevention Ordinance in order
to comply to the State's mandatory Fire Code.
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Motion: After discussion, Commissioner Retchin MOVED, SECONDED by
Vice-Chairman Greer to adopt the amendments to Article II and
Article III in Chapter 8 of the New Hanover County Code as
presented. 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 30.
The ordinance is will be codified into the New Hanover County
Code.
REPORT .ON THE ECONOMY OF NEW HANOVER COUNTY AS PART OF THE 1991
WILMINGTON-NEW HANOVER COUNTY LAND USE PLAN UPDATE
Planning Director, Dexter Hayes, presented a report entitled,
The Economy of New Hanover County, and stated this information
plays an important role in the formulation of local development
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 83.4..
regulations, such as zoning ordinances, as well as providing input
for growth policy decisions. The various components of the report
also provide useful data to the public and private sectors in
considering development proposals.
The following topics were discussed:
1. Introductory Summary of the Economy
-County's Total Employment
-Changes in Manufacturing Employment
-Changes in Non-manufacturing Employment
-Employment in New Hanover County and the u.S.
-Shift Share Analysis Results
-Completion of I-40
-Travel and Tourism Expenditures
-state Port Impact
-Construction Activity
-Retail Sales Per Capita
-Improvement of Airport Facilities
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2. Assessinq the Economic Data Used
-Types of statistics Utilized
-Types of Employment categories Used
-Handling of Other Economic Data
3. Employment Indicators
-Employment by Place of Work
-Industry Employment
-Manufacturing Employment
-Non-manufacturing Employment
-New Hanover County and U. S. Employment Compared
4. . shift Share Analvsis of Employment
-Explanation of Methods Used
a. National Growth Effect
b. Industrial Structure Effect
c. Competitive Edge Effect
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-Comparison of Results
a. Results for Interval 1978-1983
b. Results for Interval 1983-1987
c. Results for Interval 1987-1990
5. Discussion of Additional Economic Factors
-Completion of I-40
-Travel and Tourism Impacts
-State Port Impacts
-Construction Activity
-Per Capita Retail Sales
-Expansion of Airport Facilities
6. Economic overview: The results of the study show that New
Hanover County is the economic trade and service center for
southeastern North Carolina. The County's economy is partially
dependent on the economic health and growth of surrounding
counties. Employment data shows that the County is a maj or
generator of jobs for the region. There is a substantially larger
number of employees that commute into the county daily than are
residents who leave the county daily for employment. The three
largest employment sectors are Trade (28.9%), Service (21.3%) and
Government (17.2%). The County's employment level in Trade exceeds
the national level, whereas Service and Government levels of
employment are about the same for the County and nation. Though
manufacturing has not grown overall, increases have occurred in
many of the smaller sectors that comprise the manufacturing
category. with the opening of Interstate 40, the Wilmington area
is now tied to the National Interstate System. This should improve
regional access and should also be beneficial to the port and air
transportation facilities. positive impacts should also be felt in
the tourism industry, which accounts for an important part of New
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Hanover County's economy. continued growth and expansion in all of
southeastern North Carolina will have a positive impact as the
County continues to lead the region in trade and service.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to adopt the report as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of the report is on file in the Planning Department.
PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR
ESTABLISHMENT OF A DAY CARE SERVICE AT 307 DEERFIELD ROAD IN PRINCE
GEORGE ESTATES (S-340, 2/92)
Chairman Mathews opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Edith Reason
James Washington
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Planning Director, Dexter Hayes, stated the Planning
Commission voted 4 to 1 to recommend issuance of the Special Use
Permit to establish a day care service at 307 Deerfield Road in
Prince George Estates. The Planning Commission felt off-street
parking arrangements, building setbacks, fencing and external
access from the proposed addition to the dwelling could be
accommodated on the site. Members of the Prince George Estates
Homeowners Association and other property owners objected to the
use and advised the Planning Commission that the use is not
consistent with restrictive covenants.
The following staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved based
upon the following findings:
A. The site is located within the Castle Hayne Volunteer Fire
Department District.
B. The site has direct access to Deerfield Road, a state-
maintained street.
C. Preliminary inquiries and consultations have been
completed with State Day Care Licensing officials, the County
Health Department, Building Inspections, and Fire Marshal.
General Requirement #2: The proposed use meets all required
conditions and specifications,of the Zoning Ordinance based upon
the following findings:
A. The site is zoned R-10 Residential. Child day care is
permitted by special use permit conferment only.
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B. Parking is required as follows: One (1) space for each
employee, plus four (4) spaces for off-street drive-in and
pick-up. Four (4) spaces, in addition to existing off-street
spaces for the residence, are planned.
C. Drop-offs and pick-ups are required without having to back
into the street. The site plan illustrates a drop-off/pick-up
area whereby cars would enter the site and turn around before
exiting.
D. A fenced play area is required. The applicant proposes a
30' by 30' fenced play area at a minimum height of four (4)
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feet.
E. Because the site is not located on a collector or arterial
road as identified on the New Hanover County Thoroughfare
Classification Plan, the outside signage proposed for the site
cannot exceed two square feet. A sign is planned to be placed
on a six foot wooden stockade fence located at the rear of the
existing residence.
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:
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A. The center to be developed will consist of a 560 square
foot addition to the existing residence.
General Requirement #4: The location and character of the proposed
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover
County based upon the following findings:
A. The site is located in Prince George Estates Subdivision.
This development is zoned R-10 Residential and developed
exclusively with single-family residences.
Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of the proposed use.
The following person commented:
Ms. Edith Reason, the petitioner, commented on the need for
child day care in the area and stated the purpose of enlarging her
home is to provide ample space to care for toddlers and infants.
Chairman Mathews asked Ms. Reason if she agreed with the
findings of fact as presented by the Planning Director. Ms. Reason
stated she concurred with the findings as presented.
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Chairman Mathews asked if anyone from the general public would
like to speak in opposition to the proposed use. The following
person commented:
Mr. James Washington, President of the Prince George Estates
Homeowners Association, expressed concern for restrictive covenants
being violated through issuance of a Special Use Permit and stated
residents of the community are fearful that other business-type
ventures will be permitted with devaluation of property in the
subdivision.
Chairman Mathews closed the Public Hearing.
Vice-Chairman Greer expressed concern for the proposed use not
being in harmony with the area since it does not comply to the
restrictive covenants which specify single-family homes and
prohibit non-residential uses in the neighborhood.
Motion: After further discussion, commissioner Barfield MOVED,
SECONDED by Vice-Chairman Greer to deny the request based upon the
evidence presented not satisfactorily meeting General Requirement
#4, specifically that the proposed use would not be in harmony with
the area since restrictive covenants for Prince George Subdivision
prohibit non-residential uses in the neighborhood. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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A copy of the Special Use Permit denying the request is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 2.
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PAGE 837
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY .68 OF AN ACRE ON
THE WEST SIDE OF BLOSSOM STREET NORTH OF HICKORY AVENUE IN CASTLE
HAYNE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-445,2/92)
Chairman Mathews opened the Public Hearing.
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Planning Director, Dexter Hayes, stated the Planning
Commission voted unanimously to recommend approval of the rezoning
request. Discussion focused on the potential impact of the
rezoning on Blossom street; however, it was concluded that the land
is not appropriate for residential use. In order to relieve
concern for commercial road frontage on Blossom street, the
Planning Commission voted to expand the B-2 District to within 15
feet of the western right-of-way of Blossom street, leaving a 15
foot wide residential strip to allow the applicant to develop the
site commercially, but not promote commercial frontage on a local
residential street. It also provides for additional building
setbacks for new construction adjacent to Blossom street.
The Planning Staff recommends denial of the rezoning request
due to concern for erosion of the residential charter of Blossom
Street. If approved, the rezoning would set a precedent for
similar requests which will irrevocably alter the area's
residential character. The only drawback to limiting the B-2 line
to its current position is that the properties will remain split by
a zoning district boundary. However, in this case, that concern is
outweighed by the need to limit commercial encroachment into the
local street network.
Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of the proposed
rezoning. The following person commented:
.
Mr. Kit Austin, owner of the property and entire block, stated
he purchased this land before zoning was established in Castle
Hayne. In order for the land to be used in the future, the
proposed B-2 rezoning is requested, and the recommendation
presented by the Planning Commission is acceptable. ,
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to the proposed rezoning request. No
comments were received.
Chairman Mathews closed the Public Hearing.
Motion: After discussion of the 15 foot buffer, Commissioner
Barfield MOVED, SECONDED by Vice-Chairman Greer to approve the
rezoning request as recommended by the Planning Commission. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED JULY 1, 1985" is hereby incorporated as a
part of the minutes and is contained in Zoning Book II, section
entitled, Castle Hayne, Page 16.
.
PUBLIC HEARING TO CONSIDER CLOSING AN UNNAMED ROAD ON THE WEST SIDE
OF BALD EAGLE LANE
Chairman Mathews requested to be excused from discussing or
voting on the proposed request since he is a resident of the area.
Consensus: It was the consensus of the Board to excuse Chairman
Mathews from voting on the proposed road closing.
Vice-Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, stated the petitioner has
requested closure of the 20 foot dedicated,.unimproved right-of-way
due to potential vehicular, pedestrian and bike traffic from
Porters Neck Plantation to the waterfront. Also, the County
Engineering Department states no part of the unnamed road is needed
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 838
for utility purposes. Based on County decisions of denying similar
petitions and in consideration of adopted County policies of
preserving and protecting public shore front access areas, staff
recommends denial of the request to close the right-of-way.
Vice-Chairman Greer asked if the petitioner or anyone from the
general public would like to speak in favor of closing the right-
of-way. The following person commented:
Mr. John Youngs, representing the residents of Bald Eagle Lane
and owner of Lot H, presented a map showing that the road is not
used and listed the following reasons for the proposed .road
closure: (1) the easement is not needed for utility purposes; (2)
the easement is not needed for road access; (3) a 20 foot strip is
too narrow for a roadway; (4) the density of the two developments
on either side of the road is entirely different with high density
for the golf course development; (5) the golf course would like to
close the easement due to concern for public safety; (6) both
neighborhoods are concerned about the road being used for late
night parking creating traffic and noise; and (7) closing the road
would add an acre of land to the County tax base. He requested the
Board to close the road as petitioned.
()
Mr. Jack Stuart, representing Porter's Neck Golf Course,
expressed concern for the safety of persons when using the road as
a walkway with the proximity of the golf course.
Vice-Chairman Greer asked if anyone from the general pUblic
would like to speak in opposition to closing the right-of-way. The
following person commented:
Mr. Paul Teachey, owner of Lot I, presented pictures of the
road and stated he has maintained and used this portion of the road
as a driveway for the past 27 years. He stated if the road is
closed, it would create an unnecessary hardship for access to his
property.
n
commissioner Barfield expressed concern for nature trails
being used by young people for parking and eventually devaluing
surrounding property.
Vice-Chairman Greer closed the Public Hearing.
Discussion was held on the deeding of land to property owners
if the road is closed. County Attorney Pope stated, by law, the
title passes to each property owner. In this case 10 additional
feet would be deeded to each property owner.
Commissioner Sutton recommended closing the western and
southern segments of the road with the northern portion remaining
open.
Motion: After discussion of a satisfactory agreement for all
parties involved, commissioner Retchin MOVED, SECONDED by
Commissioner Sutton to close the western and southern segments of
the road with the northern right-of-way remaining open. Upon vote,
the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Vice-Chairman Greer
(;
Excused:
Chairman Mathews
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 30.
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 839
APPROVAL OF CHANGE ORDERS FOR THE WASTE-TO-ENERGY FACILITY
EXPANSION
Director of Environmental Management, Ray Church, presented
the following change orders and stated no other change orders will
be submitted for the Waste-To-Energy Expansion project:
.
Change Order #89-0024-02-COppus Murray Turbomachinery corporation,
Contract #89-0024-02, in the amount of $23,475 for additional
start-up costs for the steam turbine generator.
Motion: After discussion of delays due to cleaning steam lines and
lubrication procedures, Commissioner Retchin MOVED, SECONDED by
Vice-Chairman Greer to approve the change order in the amount of
$23,475 as presented and recommended by Staff. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the change order is on file in the Legal Department.
Change Order #89-0012-04 - united McGill corporation - Contract
#STE-89-0012 in the amount of $8,800 for additional testing as
performed by Air Techniques under the supervision of united McGill
Corporat:ion. United McGill Corporation provided air pollution
control equipment compliance testing as a requirement of the
operating permit. Initial testing performed in September 1991 was
invalidated due to procedural and operational problems. Testing
was rescheduled for December 11-14, 1991, and performed with
minimal delays. As the need to retest was due partially to United
McGill and New Hanover County, it was agreed that each would share
one-half the cost of retesting ($6,200 each) and New Hanover County
would be responsible for any delays caused by the County ($2,600).
.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Sutton to approve the change order in the
amount of $8,800 as presented and recommended by Staff. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the change order is on file in the Legal Department.
change Order #90-0008-02 - Forney International, Inc. - Contract
#STE-90-0008 in the amount of $80,931 for additional field service
work performed during the start-up of three boilers and associated
equipment. Forney International, Inc. provided the Distributed
Control System (instrumentation control) for plant operations. A
portion of the requested funds is due to delays caused by the
electrical contractor.
A lengthy discussion was held on delays and the responsibility
of the electrical contractor.
.
commissioner Sutton inquired as to whether the controls are
hooked up and if the computers are operating properly? Director of
Environmental Management, Ray Church, stated the computers are
connected; however, they have not been operating automatically.
Forney International, Inc. and Volund will fine tune the system and
County technicians, which now have been trained, will be
responsible for in-house control of the automated system. Emphasis
was placed on the importance of decisions made by the crane
operator in determining how to utilize the automated computer
system based upon the types and mixtures of wastes versus
temperature settings.
.
Commissioner Sutton inquired as to when all punch list items
will be completed? Dr. Peters stated the punch list items will be
completed by the end of March.
Motion: After further discussion, Chairman Mathews MOVED, SECONDED
by Commissioner Sutton to approve the change order in the amount of
$80,931 as presented and recommended by Staff. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 84Q
A copy of the change order is on file in the Legal Department.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Proclamation Designating the Week of March 8-14, 1992,
as "Hire the Older Worker Week" in New Hanover County
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to adopt the proclamation designating the week of March 8-14,
1992, as "Hire The Older Worker Week" in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
(j
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 30.
Approval of Temporary Construction Easement As Requested by DOT for
17th Street Improvements During Hospital Expansion project
Motion: Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer
to grant DOT a temporary easement on 17th Street as requested.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the easement is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 30.
Request for Appointment of Representatives to Serve on Board of
Education Task Force
Chairman Mathews stated Rachel Freeman, Vice-Chairman of the
Board of Education, is establishing a Task Force to determine an
appropriate way to honor Dr. Hubert A. Eaton, Sr., and has
requested the Board of Commissioners to appoint two members, one an
elected official and the other from administrative staff, to serve
on the committee. The first meeting is to be held on March 13,
1992, at 8:30 A.M. in the Dale K. Spencer Building.
Consensus: After discussion, it was the consensus of the Board to
direct the County Manager to solicit volunteers to serve on the
Task Force and report back to Rachel Freeman.
()
Announcement of Public Hearing to be Held by Duplin County for
Location of the N. C. Air cargo Airport Facility
Chairman Mathews stated he has been requested to attend a
Public Hearing for the possible location of the N. C. Air Cargo
Airport facility in Duplin County and inquired as to whether the
Board would like for him to comment on this issue.
commissioner Retchin recommended meeting with members of the
Chamber of Commerce, Committee of 100, New Hanover County Airport
Authority and other community leaders to discuss this issue before
supporting location of the facility in another county.
Consensus: It was the consensus of the Board for Chairman Mathews
to attend the Public Hearing in Duplin County with no commitment
from the New Hanover County Board of Commissioners.
Discussion of Fee Charged for Residential Yard Debris at the County
Landfill
Vice-Chairman Greer stated a citizen called with reference to
demolishing a greenhouse and carrying debris to the landfill with
a $7 fee charged per load; however, when carrying a load on another
day, the citizen was charged a $35 fee due to a commercial license
tag on his vehicle. He expressed concern for charging a commercial
rate when a person is cleaning up their yard. .
()
Director of Environmental Management, Ray Church, stated some
people do abuse the system, particularly with the increased fee;
however, different weighmasters are on duty, and when seeing a
person dumping with a commercial tag, the weighmaster will usually
charge the commercial rate. He stated it is difficult to identify
the difference between a residential carrier and a commercial
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MINUTES OF REGULAR MEETING OF MARCH 4, 1992
PAGE 8:4"1
carrier when the vehicle is licensed with a commercial tag. As of
this date, no satisfactory policy has been developed to resolve
this problem. Mecklenburg County provides boxes at the Recycling
Centers and no fee is charged for yard wastes or debris if the
individual is willing to sort the wastes.
Consensus: After further discussion of the problem, it was the
consensus of the Board for the Director of Environmental Management
to be as lenient as possible with fees charged to homeowners when
bringing debris from their yards to the Landfill.
Comments on the Legislative Briefing in Washington, D. C.
Chairman Mathews stated the conference was most beneficial,
particularly visits to the Department of Health & Human Services
and the Department of Housing & Urban Development. Many counties
are using innovative ways to reduce public assistance as well as
provide programs for home ownership to low income persons. Further
discussion will be held on these ideas.
ADDITIONAL ITEMS - COUNTY MANAGER
Reminder of Budget Work Session
County Manager O'Neal reminded the Board of the Budget Work
Session scheduled for March 9, 1992, at 1:00 P.M. in Room 501 of
the New Hanover County Administration Building.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 10:49 P.M.
Respectfully submitted,
~F~~
Clerk to the Board
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