1988-12-05 Regular Meeting
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MINUTES OR REGULAR MEETING, DECEMBER 5, 1988
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, December 5, 1988, at 4:00 o'clock P.M. in the
General Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
W. Albert Corbett, Jr.; Robert G. Greer; Vice-Chairman Fred
Retchin; Chairman Nolan O'Neal; County Manager, G. Felix Cooper; I
County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F.
Harrell.
Chairman O'Neal called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Herolin Aiken, Pastor of Temple AME Zion Church,
gave the invocation.
County Attorney, Robert W. Pope, led the audience in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Vice-Chairman Retchin MOVED, SECONDED by Commissioner
Barfield to approve the minutes of the Special Meeting of
November 14, 1988, and Regular Meeting of November 21, 1988, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A SPECIAL MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer
to convene from Regular Session to hold a Special Meeting of the
New Hanover County Water and Sewer District. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman O'Neal convened from Regular Session at 4:25 I
o'clock P.M.
Vice-Chairman Retchin MOVED, SECONDED by Commissioner Greer
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal reconvened to Regular Session at 4:29
o'clock P.M.
PRESENTATION OF SERVICE PLAQUE TO COMMISSIONER ROBERT G. GREER
Chairman O'Neal, on behalf of the Board, presented a plaque
to Commissioner Robert G. Greer in recognition of outstanding
service as a County Commissioner while filling an unexpired term
from August 4, 1988, to December 5, 1988.
OATHS OF OFFICE ADMINISTERED TO RECENTLY ELECTED COUNTY
COMMISSIONERS
Clerk to the Board, Lucie F. Harrell, administered Oaths of
Office to the following County Commissioners:
Commissioner Jonathan Barfield, Sr.
Commissioner E. L. Mathews, Jr.
Vice-Chairman Fred Retchin
XVI, ~~~~e~6 ~f the Oaths of Office are contained in Exhibit Book I
ELECTION OF CHAIRMAN
Chairman O'Neal opened the floor to receive nominations for
Chairman of the Board of County Commissioners for the ensuing
year.
Chairman O'Neal nominated Vice-Chairman Retchin to serve as
Chairman.
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
335
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There being no further nominations, Chairman O'Neal declared
the nominations closed.
Vice-Chairman Retchin was elected Chairman of the Board by
acclamation.
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Chairman Retchin expressed appreciation to his fellow
Commissioners for electing him to serve as Chairman of the Board
stating he was honored and would strive to handle this
responsibility to the best of his ability. He thanked the voters
of New Hanover County, his wife, and son for support during the
campaign.
ELECTION OF VICE-CHAIRMAN
Chairman Retchin opened the floor to
Vice-Chairman of the Board of County
ensuing year.
receive nominations for
Commissioners for the
Commissioner Mathews nominated Commissioner O'Neal to serve
as Vice-Chairman.
There being no further nominations,
declared the nominations closed.
Chairman Retchin
Commissioner O'Neal was elected Vice-Chairman of the Board
by acclamation.
BREAK
Chairman Retchin recessed the meeting to hold a break from
4:20 o'clock P.M. to 4:35 o'clock P.M.
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NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to speak on an issue not listed on the Regular Agenda
or an item listed on the Consent Agenda. The following issues
were presented and discussed:
Approval of Map and Site Plan for Subdivision Located on Pai:sy
Lane
Mr. James Swails, Attorney representing Mr. Cole Watts,
owner of land located on Patsy Lane, commented on a subdivision
plan presented to the Planning Board in 1986 with preliminary
approval subject to fulfilling road construction requirements.
He stated a revised plan was submitted later for establishment of
a minor subdivision which did not require construction of various
roads and would allow Mr. ~ole to transfer title of six lots. As
of this date, septic tank permits have been issued and
requirements met; however, the County has not signed off on the
revised map; therefore, the map cannot be recorded and the lots
cannot be sold. He requested the Commissioners to authorize the
Engineering Department to sign off on the revised map so Mr.
Cole, who is 91 years old, can obtain revenue from the sale of
the lots.
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Planning Director Hayes stated in October 1986 a subdivision
plan for 8 to 9 lots was presented to the Planning Board with
preliminary approval of the original plan contingent upon road
construction requirements. The petitioner later presented a
revised plan for development of a minor subdivision (a
subdivision that does not require street construction) which
under the present Sewer Ordinance is considered a new subdivision
and requires installation of a dry sewer line before the County
can sign off on the final map.
Discussion was held on whether the dry sewer line
requirement should apply to the revised plan since the original
plan was presented in 1986. Commissioner Barfield MOVED,
SECONDED by Commissioner Corbett to approve the revised map as
submitted by Attorney Swails for establishment of minor
subdivision and waive the requirement for installation of a dry
sewer line since the original project was submitted in 1986.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Corbett
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED)
336
Commissioner Mathews
Chairman Retchin
Voting Nay: Vice-Chairman O'Neal
Vice-Chairman O'Neal expressed concern for making a decision
of this type as a non-agenda item without proper documentation
and recommendations from the County Engineering Department.
Discussion of Dry Line Sewer Requirements - Water and Sewer
Ordinance n
Mr. Ed Vosnock, a resident of Marathon Avenue, commented on
a problem incurred when trying to transfer a piece of property to l
his brother stating he was informed that the parcel could not be
sold or conveyed to his brother unless the entire tract met the
dry line sewer requirements. After working with the Engineering
Department and VOlunteering to donate sewer easements for the
entire tract (approximately 1,300 feet) no agreement was reached.
He requested the Commissioners to authorize release of this tract
to his brother without requiring installation of dry sewer line
for the entire tract since he does not plan to develop the
property.
Commissioner Barfield stated the Board of Commissioners or
District Board of Commissioners of the Water and Sewer District
must address problems of this type in the unincorporated areas of
the county where sewer will not be available for a number of
years.
After further discussion, it was the consensus of the Board
to request the Engineering and Planning Staff to present as an
agenda item recommendations for handling the dry sewer line
requirements and other portions of the Water and Sewer Ordinance
which impact upon the use of land in areas of the County where
the sewer will not be available for a number of years.
Discussion of Recycling Program
Mr. Craig Crockett, a resident of Carolina Beach, commented
on the shortage of landfill space and asked if the County is
planning to implement a recycling program during the current
year.
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Chairman Retchin stated the County is in the process of
hiring a Director of Solid Waste Planning and anticipates moving
forward with a recycling program.
APPROVlU. OF CONSENT AGENDA
Chairman Retchin stated Item #1, Certification of Bond
Election held on November 8, 1988, should be removed from the
Consent Agenda and placed on the Regular Agenda for adoption.
Commissioner Barfield MOVED, SECONDED by Commissioner
Corbett to remove Item #1 as requested and approve the remainder
of the Consent Agenda as presented.
CONSENT AGENDA ITEMS
Adoption of Steam Plant Expansion Capital Project Ordinance
The Commissioners adopted a Capital proj ect Ordinance for
expansion of the Steam Plant with approval of the following
Budget Amendment:
89-0101 Solid Waste/Steam Plant Expansion
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Debit
Credit
Bond Proceeds
$27,500,000
General Contract
Mechanical/Plumbing
Electrical
Instrumentation
Equipment
$ 3,776,329
1,208,620
800,000
1,200,000
15,232,300
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED)
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Budget Amendment (Continued)
Engineering
Principal on Bonded Debt
Interest on Bonded Debt
Bond Service Fees
Contingency
Debit
Credit
2,300,000
1,926,819
792,872
100,000
163,060
Purpose: To establish project budget according to Project
Ordinance.
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A copy of the Capital Proj ect Ordinance is contained in
Exhibit Book XVI, Page 36.
Approval of Budget Amendment - Chore Services Funds - Department
of Social Services
The Commissioners approved the following Budget Amendment:
89-0103 Department of Social Services
Debit
Credit
Chore Services/Senate Bill - 1559
Senate Bill - 1559
Chore Contributions
$23,719
110
Salary and Wages
Social Security Taxes
Contracted Services
Automobile Expense
$21,188
1,590
42
1,009
Purpose: . COG Grant (Senate Bill 1559) to provide additional
Chore services. No County funds are required.
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Approval of Budget Amendment - Airport and Finance Department
The Commissioners approved the following Budget Amendment:
89-0102 Airport and Finance Department
Debit
Credit
Airport
Salary and Wages
Social Security Taxes
Retirement - LGE
Medical Insurance
$12,750
925
1,050
1,800
Airport
Operating Transfers In (from General Fund)
$16,525
Non-Departmental/Transfer to Other Funds
Transport to Other Funds - Airport
$16,525
Finance Department
Salary and Wages
Social Security Taxes
Retirement - LGE
Medical Insurance
$12,750
925
1,050
1,800
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Purpose: Transfer of position from Airport to the
Finance Department effective November
17, 1988.
Denial of Request for Waiver of Sewer Impact Fee - Art Hommes
The commissioners denied a request from Mr. Art Hommes to
waive the sewer impact fee for a mobile home located on his farm
in castle Hayne being used for migrant workers a few weeks out of
the year. The request was denied for the following reasons: (1)
the Sewer Ordinance requires payment of the impact fee; and (2)
availability of treatment capacity for occupancy of the mobile
home once the sewer line is constructed in this area.
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, 3 3 8 MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
Approval of Change Order to Contract with Carlisle
New Hanover County Landfill Cell *1
The Commissioners approved a Change Order
$265,391.15 to the contract with Carlisle
attachment of a liner in Landfill Cell #1 in
leachate leakage.
Contractors -
in the amount of
Contractors for
order to prevent
Adoption of Resolution to Accept Offer to Purchase Surplus Real
Property OWned Jointly by New Hanover County and the Ci ty of
Wilmington
The Commissioners adopted a resolution accepting an Offer to 0
Purchase surplus property owned jointly by the City of Wilmington
and New Hanover County located at 705 North Sixth Street, Tax Map
No. R04813013-034.000, from Queen E. Cokley and Daisy C. Williams
in the amount of $786. The property represents ad valorem tax
values as of 1983 totaling $1,310 and has been duly advertised
for upset bid.
A copy of the resolution is contained in Exhibit Book XVI,
Page 36.
Adoption of Resolution To Add Satara Drive to the N. C. State
Secondary Road System
The Commissioners adopted a resolution adding Satara Drive
to the N. C. State Secondary Road System.
A copy of the resolution is contained in Exhibit Book XVI,
Page 37.
APPROVAL OF CONTRACT WITH MEDICAL TRANSPORTATION SPECIALISTS,
INC. FOR COUNTY AMBULANCE SERVICE
Finance Director, Andrew J. Atkinson, gave background
information on minor changes in renewal of the contract between
Medical Transportation Specialists, Inc. and New Hanover County.
He stated the basic change is in the billing procedure which will
allow Medical Transportation Specialist, Inc. to provide C
ambulance service to any medicaid/medicare patient permitting the '
County to bill for medicaid/medicare reimbursement. He stated
all parties involved are pleased with the service being provided.
Commissioner Barfield MOVED,
0' Neal to approve the contract as
Chairman to execute the document.
UNANIMOUSLY.
SECONDED by Vice-Chairman
submitted and authorize the
Upon vote, the MOTION CARRIED
A copy of the contract is on file in the County Manager's
office.
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APPROVAL OF AMENDMENT TO NEW HANOVER COUNTY ORDINANCE, CHAPTER
12, ARTICLE VIII, PARKING, SECTION 12.64, AREAS OF APPLICATION
County Attorney Pope gave background information on the
proposed ordinance recommending approval with addition of the
following language to Paragraph (g): ... "bounded on the south by
Willard Street."
Commissioner Barfield MOVED, SECONDED by Vice-Chairman
0' Neal to approve the amendment with the additional phrase as
requested by the County Attorney. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is on file in the Clerk's office for
codification into the County Code.
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ADOPTION OF RESOLUTION EXEMPTING ANY MEMBER OF THE ABC BOARD FROM
THE BOND REQUIREMENT OF SECTION 18B-700 OF THE NORTH CAROLINA
GENERAL STATUTES
County Attorney Pope requested adoption of a resolution
exempting any member of the ABC Board from the bond requirement
under Section 18B-700 of the North Carolina General Statutes. He
requested adoption of the resolution.
MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
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Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to adopt the resolution as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XVI,
Page 37.
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APPROVAL OF CERTIFICATE OF CANVASS OF THE NEW HANOVER COUNTY
BOARD OF ELECTIONS CERTIFYING THE RESULTS OF THE SPECIAL ELECTION
HELD ON NOVEMBER 8, 1988
The Clerk to the Board placed before the Commissioners a
Certificate of Canvass of the New Hanover County Board of
Elections certifying the results of the Special Election on
November 8, 1988.
Commissioner Barfield MOVED, SECONDED by Vice-Chairman
O'Neal to approve the Certificate of Canvass as submitted and
request the Clerk to publish the Statement of Result on Tuesday,
December 6, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Certificate of Canvass is contained in Exhibit
Book XVI, Page 37.
ADOPTION OF AMENDMENT TO NEW HANOVER COUNTY SEWER ORDINANCE,
SECTION 15-122 UPON THE FIRST READING
Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal
to approve the amendment to Section 15-122 as submitted adding
the following phrase: "and individually metered by the utility
providing water service." The floor was opened for discussion.
Commissioner Barfield expressed concern for confusing
people with reference to billing methods when being serviced by a
utility company stating further clarification is needed.
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Chairman Retchin called for a vote on the motion to approved
the amendment. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Corbett
Commissioner Mathews
Vice-Chairman O'Neal
Chairman Retchin
Voting Nay: Commissioner Barfield
A second reading is required for adoption of the ordinance
since it did not receive a unanimous vote. The second reading
will be placed on the agenda for December 19, 1988.
ACCEPTANCE OF REPORT ON "BOAT ACCESS FOR NEW HANOVER COUNTY"
PREPARED BY THE PLANNING DEPARTMENT
Assistant Planning Director, Dave Weaver, presented the
report stating two basic areas were addressed: (1) Boat Access
for New Hanover County and (2) Regulations controlling site,
design and construction of marinas. After extensive public
input, the Planning Board voted to table regulations for marinas
primarily because of potential overlap with existing State
regulations. The fOllowing items were discussed:
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1. Boating Population
2. Docking Facilities
3. Boat Ramps
4. Impacts of Boat Access
Assistant Planning Director Weaver stated in order to
provide adequate boat access for the County the study recommends
an aggressive program to establish public boat ramps and
regulations controlling the construction and use of wet slip
marinas.
Discussion was held on the need for public boat ramps and
costs involved. The following funding sources were presented:
(1) grants; (2) a Parks Facility Fee; (3) use of the Room
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3'4'OMINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED)
Occupancy Tax; ( 4) an excise tax on realty property transfers;
and (5) a User Fee.
After discussion of involving the Parks & Recreation
Advisory Committee, Vice-Chairman O'Neal MOVED, SECONDED by
Commissioner Corbett to accept the report and direct the
Assistant Planning Director to work with the Parks & Recreation
Advisory Committee in selecting sites and submitting grant
applications. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin complimented Assistant Planning Director
Weaver for an excellent report stating it was most informative
and well written.
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A copy of the report is contained in Exhibit Book XVI, Page
37.
DISCUSSION OF SPECIAL MEETING TO HEAR PRESENTATIONS FROM
ENGINEERING FIRMS FOR REVIEW OF THE CONCEPT AND FINANCING PLAN OF
THE STEAM PLANT EXPANSION
County Manager Cooper stated another engineering firm has
submi tted a proposal asking if the Commissioners would like to
hear another presentation at the meeting scheduled on Monday,
December 12, 1988.
It was the consensus of the Board to hear the proposal
submitted by CRS Sirrine, Inc.
DISCUSSION OF FUNDING PARTICIPATION FOR MANAGEMENT STUDY
DEPARTMENT OF SOCIAL SERVICES
Commissioner Corbett asked if notification has been received
from the Atlanta office verifying approval of funding
participation by the State for performance of the Management
Study for the Department of Social Services.
Assistant County Manager, Mary Gornto, stated notification
should be received within the next week.
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MEETING RECESSED TO HOLD A MEETING OF THE WATER AND SEWER
DISTRICT
Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to convene from Regular Session to hold a continued
meeting of the New Hanover County Water and Sewer District. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 5:19
o'clock P.M.
commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 5:25
o'clock P.M.
MEETING RECESSED FOR DINNER
Chairman Retchin recessed the meeting for dinner from 5:26
o'clock P.M. to 6:35 o'clock P.M.
DISCUSSION OF AMENDMENT TO NOISE ORDINANCE AND PROBLEMS BEING
EXPERIENCED IN COLLEGE ACRES SUBDIVISION DUE TO DISORDERLY J
CONDUCT OF COLLEGE STUDENTS
Mr. Bernie Bentley, representing residents of College Acres, ~.
commented on problems being experienced with college students
living in the neighborhood. He presented pictures stating
parties begin at 5:00 P.M. and continue until the next morning
with trash, noise and disorderly conduct disturbing all
surrounding homeowners. He commented on the recently appointed
Task Force and requested approval of the following
recommendations as presented by that committee:
1. UNC-Wilmington would reiterate to students their
responsibilities for living in the community.
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
3,41 ~
2. Reduce the number of non-related people living in a
house from five to three.
3. Develop a Noise Ordinance that is enforceable by the
Sheriff's Department and City Police.
4. Enforcement of ordinances.
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Discussion was held on proposed amendments to the Noise
Ordinance. Commissioner Corbett commented on the importance of
protecting homeowners from noise and MOVED, SECONDED by
Commissioner Mathews to approve the amendments as presented. The
floor was opened for discussion.
Captain G. M. Vallender, an employee of the New Hanover
County Sheriff's Department, expressed concern for noise readings
and decibels as proposed in amendments to the Noise Ordinance
stating they are not reasonable. He recommended developing a
Disorderly Conduct Ordinance for New Hanover County which will
allow law enforcement officers to make arrests when responding to
complaints.
Chairman Retchin asked if anyone from the general public
would like to comment. The following residents from College
Acres Subdivision expressed concern for problems being
experienced, including break-ins, and requested the Commissioners
to approve the recommendations of the Task Force:
Mr. William C. Howard, Jr.
Mr. Jim Medlin
Reverend Randolph Gregory
Ms. Catherine Strahin
Dr. Murray K. Seidel
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Discussion was held on preparing a Disorderly Conduct
Ordinance for New Hanover County. Commissioner Corbett withdrew
his MOTION. It was the consensus of the Board to table this item
and direct the County Attorney to work with Captain Vallender in
amending the Noise Ordinance and prepare a Disorderly Conduct
Ordinance for New Hanover County to be presented at the first
meeting in January.
BREAK
Chairman Retchin recessed the meeting for a break from 7:20
o'clock P.M. to 7:27 o'clock P.M.
REPORT FROM CHAIRMAN OF THE PLANNING BOARD
Dr. William Harris, Chairman of the New Hanover County
Planning Board, stated Planning Director, Dexter Hayes, had
requested that he make presentations on agenda items to be
presented to the Commissioners. He expressed appreciation for
being given an opportunity to present recommendations of the
Planning Board stating he would be as brief and concise as
possible.
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PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CHANGE MOBILE HOME
PARKS TO A SPECIAL USE PERMIT FROM A PERMITTED USE IN THE R-15
AND R-10 RESIDENTlAL DISTRICTS (A-189)
Chairman Retchin opened the Public Hearing.
Planning Board Chairman, Dr. Harris, stated this request was
initiated by a private citizen and would require a Special Use
Permit for mobile home parks locating in R-15 and/or R-10
Districts. He stated the Planning Board concluded that
additional protective measures for neighborhoods should be
enacted through the Special Use permitting process.
Discussion was held on opposition at the Planning Board
meeting. Dr. Harris stated mobile home park owners expressed
concern for requiring the permitting process to locate mobile
home parks in R-15 and R-10 districts feeling this could abolish
mobile home parks in New Hanover County; however, the Planning
Board disagreed with this opinion and voted unanimously to
approved the Text Amendment.
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED)
34./
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the request.
No one commented.
Chairman Retchin closed the Public Hearing.
Commissioner Barfield MOVED, SECONDED by Commissioner
Ma thews to approve the Text Amendment as recommended by the
Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH 0
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY I
ADOPTED OCTOBER 6, 1969," is contained in Ordinance Book I, Page "-.
7.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
USE AN EXISTING MARINA IN MIDDLE SOUND FOR COMMERCIAL PURPOSES
(S-296)
Chairman Retchin opened the Public Hearing and requested any
persons wishing to give testimony with reference to the issuance
of the Special Use permrt to step forward to be sworn in by the
Clerk to the Board. The fOllowing persons were sworn in:
Mr. Reece Robertson
Mr. Clyde Harrelson
Ms. Valeria Harrelson
Dr. H. W. Gillan
Ms. Carol Sprouse
Mr. Leonard Thorpe
Mr. Curtis Shepard
Mr. Winston Thompson
Mr. Richard Harris
Mr. Jay Smith
Planning Director Hayes, stated the request is to convert an 0
existing marina facility (7 slips) into a commercial marina. The
sole purpose of the commercialization is to enable the owner to
rent slips to the general public. No marine related sales, gas
or convenience food items are planned. He stated the request did
meet the four general requirements.
Chairman Retchin asked the petitioner, Mr. Reece Robertson,
if the statements presented by the Planning Director were
correct. Mr. Robertson stated the statements were correct;
however, he would like to rent eight boat slips instead of seven.
Mr. David Barefoot, the attorney representing the
petitioner, stated his client would settle for rental of seven
boat slips and presented the following evidence to satisfy the
four general requirements:
General Requirement No.1
1. No floating structures are proposed for the existing
facility; thereby precluding the need for water and sewer
systems.
2. The facility consisting of seven slips is already in
place. A major CAMA permit was issued for eight to ten slips on
February 13, 1986.
General Requirement No.2
1. Commercial marinas are permitted by Special Use Permit
in any residential district.
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2. The sole purpose of the commercialization of the marina
is to enable the owners to rent the slips. No commercial
activity such as marine equipment sales, gas, or food is
proposed.
3. One parking space (off-street) is required per boat
slip. Additionally, landscaping of the parking lot is required.
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MINUTES OF" REGULAR MEETING,. DECEMBER 5, 1988, (CONTINUED) 343
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4. Night lighting shall be contained on the site. None is
shown on the site plan.
5. No dry-storage is proposed.
6. Existing vegetation on the site is adequate to meet
buffering requirements along property lines abutting residential
property.
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General Requirement No.3
1. The marina is in place
Harrelson's Marina, a larger complex
since the early to mid 1970's.
and located adjacent to
which has been in operation
General Requirement No.4
1. The existing marina
Harrelson's Marina, a much
facility.
is immediately adjacent to
larger, commercially-operated
Attorney Barefoot requested issuance of the Special Use
Permit.
Chairman Retchin asked if anyone from the general public
would like to testify in favor of granting the Special Use
Permit. The following persons, previously sworn in, commented:
Mr. Reece Robertson, the petitioner, requested issuance of
the Special Use Permit to rent the slips stating no commercial
sales are proposed.
Ms. Carol Sprouse, an adjacent property owner, commented on
the improvement of this site by Mr. Robertson and requested
issuance of the Special Use Permit.
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Mr. Clyde Harrelson, owner of Harrelson's Marina adjacent to
the property, stated this area has been used as a boat slip since
1954. He requested the Commissioners to grant the Special Use
Permit.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to granting the Special Use
Permit. The following persons, previously sworn in, commented:
Dr. H. W. Gillan, an adjacent property
concern for allowing a commercial operation
rezoned R-20S District. He also commented on
construction being on his property requesting
to delay action on this request until the
investigate this matter.
owner, expressed
into a recently
a portion of the
the Commissioners
CAMA office can
Mr. Robertson stated a boardwalk was constructed on a
portion of Dr. Gillan's property; however, he is in the process
of removing this structure.
Ms. Judy Smith expressed concern for allowing a commercial
operation in a R-20S District stressing the importance of
preserving this neighborhood.
Chairman Retchin closed the Public Hearing.
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After discussion, Vice-Chairman 0' Neal MOVED, SECONDED by
Commissioner Mathews to grant a Special Use Permit based upon the
findings of fact and drawing the following conclusions: (1) the
proposed use does satisfy the first general requirement listed in
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved; (2)
the proposed use does satisfy the second general requirement
listed in the Ordinance; namely that the use meets all required
conditions and specifications; (3) the proposed use does satisfy
the third general requirement listed in the Ordinance; namely
that the use will not substantially injure the value of adjoining
or abutting property; ( 4) the proposed use does satisfy the
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(3' 4 4,MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
fourth general requirement listed in the Ordinance; namely that
the location and character of the 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; and ( 5 ) the
following conditions shall apply: (a) No marine-related sales,
gas, food and beverage sales shall be permitted; (b) No boat
repair or servicing is permitted; (c) All off-street parking and
landscaping shall be pursuant to approval by the County
Inspections Department; and (d) Night lighting shall be provided
as per Section 72 - 31 of the Zoning Ordinance. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP Book I,
Page 37.
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PUBLIC HEARING TO HEAR AN APPEAL FOR REZONING APPROXIMATELY 25
ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD SOUTH OF THE
U. S. HIGHWAY 17 INTERSECTION FROM R-15 RESIDENTIAL TO B-1
BUSINESS (APPEALED CASE Z-364)
Chairman Retchin opened the Public Hearing.
Planning Board Chairman, Dr. Harris, gave background
information on the rezoning stating the Planning Board voted
unanimously to deny the request feeling that the proposed
rezoning would contribute to strip commercial development and
interrupt the heavy flow of traffic along Military Cut-off Road.
He stated the petitioner was offered an opportunity to rezone a
portion of the tract to B-2; however, the offer was rejected.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of the rezoning
request. The following persons commented:
Mr. Jim Snow, Attorney representing Mr. Jack Moore, Agent
for the owner of the property, Mr. William Covil, stated Mr. [l
Moore would like to speak on behalf of Mr. Covil who is 91 years II
old.
Mr. Jack Moore stated the highest and best use of the
property would be for commercial purposes. He emphasized the
importance of providing community services to this rapidly
growing area and requested the Commissioners to approve the
rezoning request.
Attorney Jim Snow commented on the best use of the
stating B-2 zoning would be consistent with the County's
Plan for this area. He requested approval of the
reques,t as submitted.
property
Land Use
rezoning
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. The
following persons commented expressing concern for strip zoning
and increased traffic on the Military Cut-off Road with
construction of a shopping center:
Mr. William Sisson
Mr. Richard Harris
Chairman Retchin closed the Public Hearing.
After discussion of avoiding strip commercial zoning, 0
Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to _
deny the rezoning request. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER ALLOWING "GENERAL CONTRACTORS WITH NO
OUTSIDE STORAGE" AS A PERMITTED USE IN THE B-1 DISTRICT (APPEALED
CASE A-188)
Chairman Retchin opened the Public Hearing.
Planning Board Chairman, Dr. Harris, stated the Planning
Board concluded that "general contractors with no outside storage
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MINUTES OF REGULAR MEETING, DECEMBER 5, 1988, (CONTINUED)
,-- "
3:45
did not serve the purposes and intent of the B-1 District;
therefore, the Text Amendment was unanimously denied with the
Planning Staff requested to prepare an amendment which would
delete "special trade contractors with no outside storage from
the list of permitted uses in the B-1 District.
Chairman Retchin asked if anyone present would like to speak
in favor of the proposed Text Amendment. The following person
commented:
I
Mr. Nathan Sanders, the petitioner, stated the reason for
submitting the proposed Text Amendment is to allow general
contractors in the B-1 District the same privileges as speciality
contractors in this zoning with no outside storage.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the proposed Text Amendment.
No one commented.
After discussion, Commissioner Corbett MOVED, SECONDED by
Commissioner Barfield to approve the Text Amendment allowing
general contractors with no outside storage as a permitted use in
the B-1 District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Ordinance Book I, Page
8.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CLARIFY
NON-RESIDENTIAL PARKING, SETBACKS AND LANDSCAPING REQUIREMENTS
FOR USES ADJACENT TO THE RIGHTS-OF-WAY, ACCESS EASEMENTS,
PASSAGEWAYS AND RESIDENTIAL DISTRICT (A-190, 11/88)
Chairman Retchin opened the Public Hearing.
I
Planning Board Chairman, Dr. Harris, stated the proposed
Text Amendment was unanimously approved by the Planning Board
since it better defines non-residential parking, setbacks and
landscaping requirements for uses adjacent to rights-of-way,
access easements, passageways and residential districts.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
Text Amendment. No one commented.
Chairman Retchin closed the Public Hearing.
After discussion, Commissioner Mathews MOVED, SECONDED by
Commissioner Barfield to approve the Text Amendment as presented
by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Zoning Book I, Page 9.
I
PUBLIC HEARING TO CONSIDER ASSIGNING STREET NUMBERS ON HOLLY
SHELTER ROAD AND OLD BRIDGE SITE ROAD LOCATED IN CAPE FEAR
TOWNSHIP
Chairman Retchin opened the Public Hearing.
Planning Director Hayes gave background information on the
request to assign street numbers on Holly Shelter Road and Old
Bridge Site Road stressing the importance of accurate
identification of developed property in order to provide County
services, ~specially emergency responses.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
street number assignments. No one commented.
Chairman Retchin closed the Public Hearing.
...1
'34 6MlNUTES OF REGULAR MEETING, DECEMBER 5, 1988, ( CONTINUED)
Commissioner Barfield
Corbett to approve an order
Shelter Road and Old Bridge
CARRIED UNANIMOUSLY.
MOVED, SECONDED by Commissioner
assigning street numbers on Holly
Si te Road. Upon vote, the MOTION
A copy of the order is contained in Exhibit Book XVI, Page
38.
PUBLIC HEARING TO CONSIDER NAMING A PRIVATE ROAD LOCATED IN
HARNETT TOWNSHIP "SWEETWATER DRIVE" (SN 43)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented an ordinance naming a
private road located in Harnett Township approximately 350 feet
northeast of the Market Street/Country Haven Drive Intersection
to Sweetwater Drive.
o
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
request. No one commented.
Chairman Retchin closed the Public Hearing.
Commissioner
O'Neal to adopt
Sweetwater Drive.
Barfield MOVED, SECONDED by Vice-Chairman
the ordinance naming the private road to
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is contained in Exhibit Book XVI,
Page 38.
ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF ROSEMARY
STREET LOCATED IN CAPE FEAR TOWNSHIP (SC-45)
Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to adopt a Resolution of Intent to close a portion of
Rosemary Street located in Cape Fear Township. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Resolution of Intent is contained in Exhibit
Book XVI, Page 38.
o
DISCUSSION OF NON-COMPLIANCE TO SIX-MONTH SEWER CONNECTION
REQUIREMENT
County Attorney Pope stated the Sewer Ordinance requires
residents to connect to the sewer line wi thin six months after
availability. As of this date approximately 200-300 residents
have not complied with this regulation. He requested direction
from the Commissioners as to how this problem should be
addressed.
Discussion was held on why these residents have not complied
within the six-month period. It was the consensus of the Board
to direct the Engineering Department to poll these residents and
report back to the Board their findings on December 19, 1988,
before deciding on the best procedure to use in resolving this
matter.
ADJOURNMENT
Commissioner
O'Neal to adjourn.
Barfield MOVED, SECONDED by Vice-Chairman
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 9:25 o'clock P.M.
r2fpec;z:ted'
~ F. Harrell
Clerk to the Board
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