1989-09-05 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 4, 1989, at 7:30 o'clock P.M. in
the Assembly Room of the New Hanover County Courthouse located at
24 North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
W. Albert Corbett, Jr.; E. L. Mathews, Jr.; Vice-Chairman, Nolan
O'Neal; Chairman, Fred Retchin; Acting County Manager, Mary
Gornto; County Attorney, Robert W. Pope; and Clerk to the Board,
Lucie F. Harrell.
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Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Keith Wiley, Pastor of Ebenezer Missionary Baptist
Church, gave the invocation.
Commissioner Corbett led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Corbett to approve the minutes of the Regular Meeting of August
21, 1989, and Special Meetings of August 14, 1989, and August 15,
1989, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone present would like to
present an item not listed on the Regular Agenda or comment on an
i tern listed on the Consent Agenda. The following issues were
presented and discussed:
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Presentation of 1989 Marine Expo Tee Shirts
Dr. James Lanier, Director of the N. C. Aquarium at Fort
Fisher, presented 1989 Marine Expo Tee shirts to each
Commissioner and expressed appreciation for support of this
event. He invited the Commissioners to attend the events
beginning with Open House on October 1, 1989, at the State Ports
Authority and opening of exhibits on Thursday, October 5, 1989,
at the Coast Line Convention Center.
Chairman . Retchin, on behalf of
appreciation to Dr. Lanier for the tee
success with the 1989 Marine Expo.
the Board, expressed
shirts and wished him
Status Report on Conditional Use Zoning
Dr. William E. Sisson, Jr., a member of the New Hanover
County Planning Commission, stated the Task Force appointed to
study conditional use zoning in New Hanover County is in the
process of completing a draft for presentation to the Planning
Commission. He stated the ordinance will be presented to the
Commissioners at the first meeting in October.
Chairman Retchin, on behalf of the Board,
appreciation to Dr. Sisson for the status report.
expressed
APPROVAL OF CONSENT AGENDA
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Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to approve the Consent Agenda as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Authorization for New Hanover County Library to File Application
for State Aid to Public Libraries Program
The Commissioners approved the request by the New Hanover
County Library to file an application for the 1989/90 State Aid
to Public Libraries Program. Estimated revenue from the grant is
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED)
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$140,408. The Chairman and Acting County Manager were authorized
to execute the documents.
Approval of Bid Proposal Requesting Funds from State Bill 1599 -
Department of Aging . '
The Commissioners approved the bld proposal submltted by the
Department of Aging requesting funds from State Bi-l,l 1559. If
awarded monies will be used to purchase 20 home dellvered meals
per day' and to fund a Minor Home Repair Program. The Chairman
was authorized to execute the documents.
Approval of Contract/Memorandum of Agreement Between New Hanover
County Health Department and New Hanover County School System for
provision of School Health Nursing Services
The Commissioners approved a Contract/Memorandum of
Agreement, Budget Amendment # 90-0042 as follows, and two ( 2)
additional Public Health Nurse I positions to provide school
health nursing services for Fiscal Year 1989-90.
90-0042 Health Department/School Health
Contribution from New Hanover Schools
Debit Credit
$58,000
$34,330
2,626
2,846
3,334
9,970
4,894
School Health Program (no
Salaries and Wages
FICA
Retirement
Medical Insurance
Departmental Supplies
Employee Reimbursement
Purpose: To establish budget for
additional County funds required).
Ratification of Appointments to Carolina Beach Planning and
Zoning Commission
The Commissioners ratified the appointments of Jeannette
Bennet and C. T. Strickland to serve on the Carolina Beach
Planning and Zoning Commission as recommended by the Carolina
Beach Town Council.
Adoption of Proclamation Declaring the Month of September 1989 as
Sickle Cell Month in New Hanover County
The Commissioners adopted a proclamation declaring the month
of September 1989 as Sickle Cell Month in New Hanover County.
A copy of the proclamation is contained in Exhibit Book
XVII, Page 28.
Adoption of Resolution for Addition of Road to State Secondary
Road System
The Commissioners adopted a resolution for addition of a
portion of Bethel Road in Sea Pines Subdivision (Division File
#627-N) to the State Secondary Road System.
A copy of the resolution is contained in Exhibit Book XVII,
Page 28.
Reclassification of Staff Development Specialist I Positions -
Department of Social Services
The Commissioners approved reclassification of two (2) new
Staff Development Specialist I positions to Income Maintenance
Caseworker III positions as requested by the Director of Social
Services.
Report of Budget Amendment *90-0039 For Entry Into the Record -
Finance Department
The following Budget Amendment was reported for entry into
the record:
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
90-0030 Finance/Non-Departmental
De-bi t
Creca t
Non-Departmental
Contingencies
$1,867
Finance Department
Rent
$5,704
[
Salary
FICA
Retirement
$6,530
500
541
Purpose: To budget for parking attendant at the Third & Market
Streets parking lot. Position was approved by the County
Commissioners on August 21, 1989.
Budget Amendment *90-0040 Reported for Entry Into the Record -
Water and Sewer/Operating Fund
The following Budget Amendment was reported for entry into
the record:
90-0040 Water and Sewer/Operating Fund
Non-Departmental/Transfer to Other Funds
Transfer/Water & Sewer (to Fund 800/W&S)
Debit Credit
$8,947
8,948
$8,948 0
$17,895
$ 8,948
Water & Sewer/Operating Fund
Contribution/City of Wilmington
Transfer In (from General Fund)
Non-Departmental
Contingencies
Water & Sewer Finance
Professional Services
Purpose: To budget for feasibility
City/County Water and Sewer System
Commissioners on August 21, 1989).
study of
(approved
a consolidated
by the County
Approval of Policy Requirements for Design and Inspection of
Grease Traps - Engineering Department
The Commissioners approved the following policy requirements
for design and inspection of grease traps as recommended by the
County Engineer:
1. Require at a minimum a 1,000 gallon trap unless logistics of
the facility will not allow for this size. Any variation of this
requirement (1,000 gallon trap) must be cleared thru the
Engineering Office prior to installation.
2. All in-ground traps shall have a standard metal ring and lid
on the influent and effluent sides of the trap. This requirement
facilitates better inspection, sampling, and cleaning.
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3. All in-ground traps shall have an effluent whether it be
concrete or PVC.
4. All in-ground traps shall consist of two ( 2) compartments
separated by either a baffle or pipe.
5. All traps shall be located so that easy access is available
when inspecting and cleaning.
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PUBLIC HEARING ON N.C.G.S. 143-128 AND 143-132 CONCERNING SINGLE
PUBLIC PRIME CONTRACTOR AND MINORITY PARTICIPATION
Chairman Retchin stated a Public Hearing has been called to
discuss new legislation addressing establishment of Disadvantage
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
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Business Enterprise Percentage Goals and asked if anyone present
would like to comment. The following persons commented:
Mr. Maxwell Page, representing the Southeastern Minority
Business Association, stressed the importance of allowing small
minority businesses to secure contracts stating the inability to
provide an adequate performance bond has been a problem with
contracts under $100,000. He requested the Commissioners to
reduce restraints or waive the performance bond requirement for
contracts under $100,000 in order to allow minority businesses to
bid competitively.
Ms. Germaine Brewington, representing the Southeastern
Minority Business Association, stated minority contractors are
well qualified to perform jobs; however, they lack the financial
expertise to maintain their cash flow. She stressed the
importance of timely pay to subcontractors and recommended that
guidelines be established stipulating that subcontractors are
paid at the completion of a job without having to wait until
prime contractors are compensated.
Ms. Katherine Moore, owner of Eastern Delivery, stressed the
importance of supporting small minority businesses and requested
establishing guidelines that will allow them to be more
competitive.
Ms. Nell Pavelchak, a general partner of a commercial
flooring company, commented on problems incurred as a minority
business and encouraged support of the new legislation which will
assist minority and small businesses in becoming more
competitive.
Mr. Peter Greer, representing the Southeastern Minority
Business Association, requested the Commissioners to address the
needs of small minority businesses and give them an opportunity
to compete.
Mr. Fred Waddell, co-owner of PavCo Asphalt Paving Company,
stated a problem encountered by his business is meeting the
criteria for bidding jobs. He recommended adjustments to the
bidding criteria in order to allow small and minority businesses
to compete.
Mr. Dave Simpson, representing the Association of General
Contractors, Raleigh, North Carolina, stated the General
Contractors Association strongly supports Senate Bill 308. He
recommended considering the following items when establishing
minority: (1) know the percentage of minority contractors,
subcontractors, suppliers, bonders, etc. in the area; ( 2) hold
seminars for minority businesses to inform them of the goals; (3)
provide technical assistance to minority businesses; (4) provide
advance notice of County projects to minority businesses; and (5)
develop a list of minority contractors, subcontractors,
suppliers, and others who are members of minority businesses to
achieve goals established.
Mr. Jon Faill, Purchasing Director of Miller Building
Corporation, stated he supports Senate Bill 308 and recommended
establishing a goal of 10% as recommended by the State.
Chairman Retchin expressed appreciation
comments and stated before establishing a
further discussion should be held.
for the
percentage
public
goal,
Ms. Pat Melvin, MBE Program Manager, commented on a survey
of minority businesses in our area and urged the Commissioners to
consider contracts smaller than $100,000 when applying the
minority participation legislation throughout the County's
contracting process.
commissioner Barfield recommended support of Senate Bill 308
and requested organizations such as the Committee of 100 and Cape
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6 3 LrINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED)
Fear community College, which ~re partially funded by the County,
to support minority participation.
Chairman Retchin stated Ms. Melvin will establish guidelines
for establishment of DBE goals which will be presented at a later
date.
RATIFICATION OF MEMBERS TO SERVE ON THE COMMUNITY TASK FORCE FOR
THE ROBERT WOOD JOHNSON FOUNDATION GRANT APPLICATION
Mr. Robert F. wi lson, Execu ti ve Director of the Cape Fear
Substance Abuse Center, presented a list of members to be
appointed to the Community Task Force for the Robert Wood Johnson
Foundation grant application stating this committee can be
expanded as needed.
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Motion: After discussion of having representatives from the
Board of County Commissioners, commissioner Corbett MOVED,
SECONDED by Commissioner Mathews to appoint the following members
to serve on the Community Task Force for the Robert Wood Johnson
Foundation grant to address drug abuse problems in the community.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
W. R. Frazier, Vice President, First Citizens Bank, 4022
Oleander Drive, Wilmington, N. C. 28401
Reverend E. J. George, Jr., 121 Chestnut Street, Wilmington,
N. C. 28401
Reverend Robert Cook, St. James Church, 25 South 3rd Street,
Wilmington, N. C. 28401
R. T. "Terry" Horton, Jr.; Horton Iron and Metal, P. O. Box
1285, wilmington, N. C. 28402
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D. L. Bruestle, Chief, wilmington Police Department, P. o.
Box 1810, Wilmington, N. C. 28401
Ray Funderburk, Chairman, New Hanover County Board of
Education, 109 Cheyenne Trail, Wilmington, N. C. 28409
Dr. John Leonard, Chairman, New Hanover County Board of
Health, 1743 Live Oak Parkway, Wilmington, N. C. 28403
Charles R. Vernon, M. D., Pender-New Hanover County Medical
Society, 7230 Wrightsville Avenue, Wilmington, N. C. 28403
Rachel Pace, Pender-New Hanover Medical Auxiliary, 825 Inlet
Drive, Wilmington, N. C. 28409
Sandy May, President, Junior League of Wilmington, 3803 1/2
Downey Branch Office Park, Wilmington, N. C. 28403
Sheriff Joseph McQueen, Jr., 20 North Fourth Street,
Wilmington, N. C. 28401
Dr. Pat Leonard, Dean of Students, UNC-W, 601 South College
Road, Wilmington, N. C. 28403
Councilman Luther Jordan, P. O. Box 1810, Wilmington, N.C.
28401
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Mark Galizio, Ph.D., Department of Psychology, UNC-W, 601
South College Road, Wilmington, N. C. 28401
Van Jackson, M. D., Health Coalition, E. I. DuPont, P. o.
Box 2042, Wilmington, N. C. 28402
Commissioner Jonathan Barfield, Sr.
Commissioner W. Albert Corbett, Jr.
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
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POSTPONEMENT OF PUBLIC HEARING TO CONSIDER THE PURCHASE OF TWO
PRIVATELY OWNED SEWAGE COLLECTION SYSTEMS
Chairman Retchin stated this Public Hearing was continued
from the August 21, 1989, meeting subject to receipt of proper
documentation of items to be purchased by the County. He
requested the County Attorney to present a status report.
County Attorney Pope stated since the last meeting an option
to purchase has been received; however, the option does not
describe what is being offered for sale. He recommended
postponing the Public Hearing until complete documentation has
been received.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to postpone the Public Hearing and request the County
Attorney to notify attorneys representing the sewage collection
systems that proper documentation must be received before a
Public Hearing will be held. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER ADOPTION OF NEIGHBORHOOD PLAN FOR THE
PORTERS NECK COMMUNITY
Chairman Retchin opened the Public Hearing.
Assistant Planning Director, Dave Weaver, presented slides
of the proposed Porters Neck Plan and discussed the following key
issues:
I. Citizens Participation
II. Community Resources and Controls
III. Proposed Objective and Actions for the Porters
Neck Area
A. Environmental/Aesthetics Concerns
(1) Preservation of estuarine water quality.
(2) Protection of rural character and natural
charm of the area.
B. Transportation
(1) Improving safety of intersection at
Market Street.
(2) Encourage widening of Market Street to
four lanes past Futches Creek Road.
(3) Place emphasis on widening and improving
major and interior roads in the community.
(4) Bicycle/Pedestrian way along Porters Neck
Road.
(5) Reduce speed limit in community.
(6) Improving school bus route.
(7) Plan for additional connection to Market
Street in future subdivision plans.
C. Other Community Facility/Service Objectives
(1) provision of Park Facilities.
(2) Provide water access.
(3) Protection of groundwater.
(4) Encourage orderly commercial growth on
Market Street.
(5) Concerns for inadequate fire protection.
(6) More effective law enforcement.
Assistant Planning Director Weaver stated it is recommended
that the vacant R-15 land be rezoned to R-20 or, for maximum
reduction in potential dwelling units, to RA (R-30). These
zoning districts will allow some flexibility in housing while
significantly reducing future impacts from growth. One variation
may be to allow all R-15 property on the west side of Market
Street to remain R-15 because of that area's lesser impact on the
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environment and on traffic problems of the interior roads within
Porters Neck.
Chairman Retchin asked if anyone present would like to speak
on the proposed plan. The following person commented:
Mr. Ralph Mork, Secretary of the Porters Neck Association,
encouraged adoption of this plan.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the the plan, Commissioner Corbett r
MOVED, SECONDED by Commissioner Mathews to adopt the Porters Neck
Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. -~
Assistant Planning Director Weaver expressed appreciation to
Staff Planner, Patti L. Parsons; Staff Planner Wanda Coston; and
residents of the Porters Neck Community for their time and effort
given in preparing the plan.
Chairman Retchin, on behalf of the Board, congratulated the
Planning Staff and members of the Community for an excellent
plan.
POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY
KENNETH PARKER TO REZONE 11.2 ACRES ON THE NORTHWEST SIDE OF
HIGHWAY 17, SOUTH OF PORTERS NECK ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-378 CONTINUED APPEAL CASE)
Chairman Retchin stated Mr. Parker has requested
postponement of this Public Hearing.
Commissioner Barfield recommended that Mr. Parker withdraw
the petition until he is ready to hold the Public Hearing.
Mr. Kenneth Parker, the petitioner, requested deferring the
Public Hearing until October 16, 1989, stating this will be his
last request for postponement.
Chairman Retchin asked if
postponing the Public Hearing.
anyone present
No one commented.
was
opposed
to
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Motion: After discussion of scheduling the Public Hearing at a
night meeting, Vice-Chairman O'Neal MOVED, SECONDED by
Commissioner Barfield to postpone the Public Hearing until
November 6, 1989, at 7: 30 0' clock P.M. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD G. TRASK, JR. TO
REZONE 155.9 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD
NORTH OF LANDFALL FROM R-15 AND R-20 RESIDENTIAL TO A PLANNED
DEVELOPMENT DISTRICT (PD) (Z-384)
Chairman Retchin opened the Public Hearing.
Mr. Paul Foster, Chairman of the Planning Commission, stated
due to complaints received from residents of Cavalier Woods about
drainage problems already belng experienced from the Landfall
Development, the Planning Commission denied the request feeling
the run-off water should be contained entirely on the site.
A lengthy discussion was held on the drainage of the site.
The proposed drainage plan for the proj ect calls for removal of [
stormwater from the commercial section by pumping it out of ~.'
detention ponds into ditches that will ultimately discharge into _
Bradley Creek.
Chairman Retchin asked if anyone present would like to speak
in favor of the rezoning request. The following person
commented:
Ms. Frances Trask, Attorney representing the petitioner,
commented on concerns of the Planning Staff stating the following
items have been addressed: (1) access has been provided to Old
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
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McCumber Road for emergency and service needs; ( 2) the N. C.
Department of Transportation has been contacted with tentative
approval of four (4) median crossovers entering into each area of
the development with the developer agreeing to be responsible for
widening the highway from Eastwood Road to the northern edge of
the property to five (5) lanes; and (4) the developer has revised
the site plan to scale down commercial development by designating
O&I property across from Old McCumber Road adjoining the Landfall
O&I District, and property north of the commercial area next to
residential zoning in order to provide a better transition.
Attorney Trask commented on drainage stating the retention
pond on site will contain run-off from the commercial
development. This in turn will be pumped over a 2-5 day period
at a velocity not to exceed the pre-developed run-off into an
existing drainage ditch just south of the property. She also
commented on the Department of Transportation's proposed drainage
plan to avoid flooding of Cavalier Woods which has not been
installed due to a lack of funds. She stated if the PD request
is approved, the developer has agreed to 50% funding of the DOT
drainage plan in order for this project to be constructed.
Commissioner Barfield expressed concern for the amount of
stormwater run-off into Bradley Creek from Landfall and asked how
many gallons will be dumped into the creek with approval of the
proposed Planned Development District? Planning Director Hayes
estimated approximately 60,000,000 gallons per year.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the PD zoning request. The
following persons commented expressing concern for drainage and
flooding in the Cavalier Woods Subdivision; increased traffic on
Eastwood Road; and concern for the quality of water in Bradley
Creek:
Mr. Jim McDonald
Mr. Hardy Parker
Mr. Moe Kotler
Mr. Allen Southerland
Mr. Jack Wiggins
Mr. Robert Pharr
Ms. Julie Smith
Chairman Retchin closed the Public Hearing.
Motion: After discussion of retaining run-off water on the site
and the need to protect Bradley Creek, Commissioner Barfield
MOVED, SECONDED by Commissioner Mathews to request the petitioner
to present a site plan which will retain 100% of residential and
commercial run-off water on the site. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
BREAK
Chairman Retchin recessed the meeting for a break from 10:05
o'clock P.M. to 10:16 o'clock P.M.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
CAPE FEAR WORSHIP CENTER FOR ESTABLISHMENT OF A PRE-SCHOOL/CHILD
DAY CARE CENTER AT THE EXISTING CHURCH FACILITY ON CAROLINA BEACH
ROAD (S-302)
Chairman Retchin opened the Public Hearing and requested
persons wishing to testify to step forward to be sworn in by the
Clerk to the Board. The following person was sworn in:
Reverend Dick Laverdure
Planning Director, Dexter Hayes, stated day care/pre-school
is permitted by special use in residentially zoned properties.
He presented the following staff findings stating the four
general requirements have been met:
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GENERAL R~QUIR~M~NT NO.1: The use does satisfy the first
general requirement; namely, the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved based
upon the following findings of fact:
1. A state license to operate a child day care center is not
required for churches; however, prior to operation, a Letter of
Intent to operate the center must be sent to the N. C. Department
of Human Resources.
2. The site has direct access to U. S. Highway 421 South on the n!
Carolina Beach Road. ~
3. The site is located within the Myrtle Grove Volunteer Fire
Department District.
GENERAL REQUIREMENT NO.2: The use does satisfy the second
general requirement; namely the use meets all required conditions
and specifications based upon the following findings of fact:
1. Child day care/pre-school is permitted by Special Use Permit
conferment in the R-15 Residential District. This site is zoned
R-15.
2. The play area provided will be enclosed with a chain link
fence four (4) feet in height.
3. No additional signage is indicated on
However, a sign not to exceed twelve (12)
permitted.
the site plan.
square feet is
4. Sixty-five (65) parking spaces are provided.
5. Access to the site is designed in such a manner that entry to
and exit from the site will not require backing onto the street
or right-of-way.
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GENERAL REQUIREMENT NO.3: The use does satisfy the third
general requirement; namely, the 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 of
fact:
1. The proposed use would be housed in the existing church
facility.
GENERAL REQUIREMENT NO.4: The use does satisfy the fourth
general requirement; 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 and in general
conformi ty with the plan of development for New Hanover County
based upon the following findings of fact:
1. Land development nearby consists primarily of scattered
commercial and residential activity. The use proposed would be
in the existing facility. Expansion of the existing church would
not be required to accommodate the use.
Chairman Retchin asked the petitioner if he agrees with the
findings and statements presented by the Planning Staff.
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Reverend Laverdure stated he concurs with the statements as
presented and respectfully requested the Commissioners to approve
the Special Use Permit.
Chairman Retchin asked if anyone present would like to speak
in opposition to the request. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the
facili ties throughout the County,
need to establish day care
Commissioner Barfield MOVED,
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SECONDED by Commissioner Corbett to grant the Special Use Permit
based upon the findings of facts as presented by the Planning
Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP Book I,
Page 38.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE ZONING
ORDINANCE IN FOUNDATION REQUIREMENTS FOR DOUBLE-WIDE MOBILE HOMES
(A-202)
Chairman Retchin opened the Public Hearing.
Mr. Paul Foster, Chairman of the Planning Commission,
this request was initiated by the Board of Commissioners.
investigation of alternative foundation requirements
double-wide mobile homes versus the present ordinance,
Planning Commission voted not to support the modifications.
stated
After
for
the
Planning Director, Dexter Hayes, stated the Planning Staff
believes the current distinction between double-wide and
single-wide mobile homes works well and citizens are comfortable
with the location of double-wide mobile homes by issuance of a
Special Use Permit.
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.
Motion: After discussion of the present regulations being
satisfactory, Vice-Chairman O'Neal MOVED, SECONDED by
Commissioner Corbett to deny the proposed Text Amendment and
leave the ordinance unchanged. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER ESTABLISHING REQUIREMENTS FOR ADULT
ENTERTAINMENT FACILITIES AS SPECIAL USES IN CERTAIN COMMERCIAL
AND'INDUSTRIAL DISTRICTS (A-203)
Chairman Retchin opened the Public Hearing.
Mr. Patti L. Parsons, Staff Planner, stated this request was
initiated by the Sheriff in order to better control adult
entertainment establishments stating interest has been shown by
certain individuals to open a topless dancing establishment in
the County. She stressed the importance of addressing this issue
before adult entertainment establishments are opened throughout
the County: The following issues were presented:
Addition of the following definitions to Section 23 of
the Zoning Ordinance:
23-90
23-91
23-92
Adult Entertainment Establishment
Specified Sexual Activities
Specified Anatomical Areas
Addition of the following language to Section 72 of the
Zoning Ordinance:
Adult entertainment establishments may be located within the
B-2 Business District and I-I Industrial District by Special
Use Permit subject to the requirements of the district as
follows:
1. Each adult entertainment establishment shall be located
a minimum of 1,000 feet from any existing adult
entertainment establishment. Such measurement shall be
the horizontal distance between the nearest property
lines of the proposed and existing adult entertainment
establishment.
2. Each adult entertainment establishment shall be located
a minimum of 500 feet from any residentially zoned area,
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64 (}INUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
church, school or park. Such measurement shall be the
horizontal distance between the property line of the
proposed adult entertainment establishment and the
closest residential zoning line or property line of any
church, school, or park.
3. Any display, device or sign that depicts or describes
specified sexual activities or specified anatomical
areas shall be out of view of the public way and
surrounding property.
Other B-2
Adult Entertainment Establishments S
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C. Amend the Table of Permitted Uses as follows:
Vice-Chairman O'Neal commented on the number
entertainment establishments expressing concern for
regulations when there are no facilities in the county.
of adult
adopting
Sheriff Joe McQueen commented on the
regulations discouraging the establishment of
centers stating drug related activities tend
of facility.
need to establish
adult entertainment
to follow this type
Commissioner Mathews stated establishment of these
facilities would be detrimental to the County and recommended
restricting location of adult entertainment establishments to I-I
Industrial Districts.
Commissioner Corbett expressed concern for allowing an adult
entertainment establishment to be located within 500 feet from
any residentially zoned area, church, school or park recommending
a minimum of 1,000 feet.
Commissioner Mathews commented on the City of Dallas, Texas,
requiring a license before opening an adult entertainment
facili ty. He recommended that New Hanover County require a
license to be issued by the Sheriff's Department.
[l
Planning Director, Dexter Hayes, commented on restricting
the use to I-I Industrial and increasing the minimum footage to
1,000 feet stating this action will restrict establishment of any
adult entertainment facilities. He expressed concern for the
courts declaring the ordinance too restrictive and recommended
control through special use permits.
County Attorney Pope expressed concern for requiring a
license and recommended control of adult entertainment
establishments through zoning regulations instead of licensing.
He stated if the Board wishes to follow the license requirement
he will need additional time to study the issue.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the proposed Text Amendment. The
following persons commented:
Reverend Jeff Allen, Bishop of the Church of Jesus Christ:
Latter Day Saints, complimented the County Planning Staff ~.nd'
Sheriff for preparing the proposed Text Amendments. He:,
encouraged the Board to pass the amendments with the recommende~. ll,
increase in the minimum number of feet next to residentially'
zoned areas and churches. ~-
Mr. Coustas Leloudis, a concerned citizen, commented on
crime related activities and encouraged support of the proposed
Text Amendments.
Mr. Mike McCloud, an architect and father of six children,
complimented the Planning Staff for an excellent job in
addressing this problem. He encouraged passage of regulations
and restrictions which will discourage establishment of
entertainment facilities in New Hanover County.
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
i t'-/J"
Mr. Phil Mix expressed concern for crime related activities
around adult entertainment centers and encouraged the
Commissioners to restrict location of these facilities as much as
possible.
Chairman Retchin closed the Public Hearing.
Vice-Chairman O'Neal recommended delaying action on the
proposed Text Amendments until the County Attorney can review the
proposed regulations. He expressed concern for adopting
restrictive measures when the process can be handled through
special use.
Motion: After discussion of discouraging establishment of adult
entertainment facilities, Commissioner Barfield MOVED, SECONDED
by Commissioner Mathews to adopt the Text Amendments as presented
with the following modifications: (1) adult entertainment
establishments shall be located a minimum of 1,000 feet from any
residentially zoned area, church, school or park; and (2)
permitted through special use in I-I Districts only. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Corbett
Commissioner Mathews
Chairman Retchin
Voting Nay: Vice-Chairman O'Neal
Consensus: A lengthy discussion was held on requiring a license
to operate an adult entertainment establishment. It was the
consensus of the Commissioners to request the County Attorney to
check into the legal ramifications of licensing these facilities
and report back to the Board.
A copy of the ordinance is contained in Exhibit Book XVII,
Page 29.
DISCUSSION OF COMPLIANCE WITH ENVIRONMENTAL
LANDFALL DEVELOPMENT
Commissioner Barfield expressed concern
federal and state environmental regulations
requested the Planning Staff to notify
non-compliance and stop further development
have been made.
REGULATIONS
for violation of
by Landfall. He
Landfall of any
until corrections
MOTION: After discussion, Chairman Retchin MOVED, SECONDED by
Commissioner Barfield to authorize the Planning Director to
investigate immediately possible stormwater run-off violations by
the developer of Landfall. If violations are found, the Planning
Director is to notify the developer of non-compliance allowing a
reasonable period of time for correction of the problem with
Certificates of Occupancy being withheld if the developer does
not comply to the time restraints. The Planning Director was
also requested to prepare a written report explaining any
violations found and measures taken to correct the problems.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS
ON QUAIL RUN AND SHINNWOOD ROAD LOCATED IN HARNETT TOWNSHIP
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, presented background
information on the proposed house numbers stating the purpose of
the request is for accurate identification of homes when
emergency vehicles are responding to calls and for deli very of
county services.
Chairman Retchin asked if anyone present would like to speak
on this request. No one commented.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
O'Neal to adopt an order reassigning house numbers on Quail Run
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6 LJ J- MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED)
and Shinnwood Road as presented by the Planning Staff.
vote, the MOTION CARRIED UNANIMOUSLY.
Upon
A copy of the order is contained in Exhibit Book XVII, Page
29.
APPROVAL OF NEW POSITION - LITTER LAW ENFORCEMENT OFFICER - NEW
HANOVER COUNTY SHERIFF'S DEPARTMENT
Sheriff Joe McQueen presented the following cost breakdown
on the salary and benefits for hiring a Litter Enforcement
Officer:
Salary
Retirement
FICA
401K Contribution
Blue Cross/Blue Shield
Dental
Uniforms & Equipment
Sub-Total
Four-Wheel Drive Vehicle
Total
$16,212
1,344
1,240
811
1,870
152
900
$22,529
$18,103
$40,632
n
Sheriff McQueen commented on the need for a Litter Law
Enforcement Officer stating this individual will be assigned the
following responsibilities:
1. Patrolling the roadways and enforcing litter
regulations.
2. Investigation of illegal dumping to identify
violator and cite as necessary.
3. Enlist the assistance of other law enforce-
ment officers when necessary.
4. Promoting litter educational programs in schools
and other community organizations.
5. Act as liaison with the Health Director and
Executive Director of Keep American Beautiful
System in enforcing the Litter Ordinance.
n
Discussion was held on the present $50 fine as stated in the
Litter Ordinance. Commissioner Corbett recommended raising this
fine to $100 with the money being recouped by the County.
County Attorney Pope stated he will be glad to prepare an
amendment to the present Litter Ordinance which will change the
penalty to a civil penalty in the amount of $100 with funds being
distributed to the County.
Motion: After further discussion, Commissioner Mathews MOVED,
SECONDED by Vice-Chairman O'Neal to: (1) approve the new Litter
Enforcement Officer position along with the necessary budget
amendment to cover costs; (2) request the County Attorney and
Sheriff to prepare an amendment to the Litter Ordinance changing
the penalty to a civil penalty with an increase in the fine from
$50 to $100 stipulating that all fines collected will be
distributed to the County; and (3) submit the amendment to the
Litter Ordinance on the agenda for the second meeting in
September. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Consensus: After further discussion, it was the consensus of the
Board for periodic reports to be furnished by the Sheriff's n
Department on the number of litter violations, fines charged, and
fines collected. " ~
APPROVAL OF FIVE ( 5) NEW DEPUTY POSITIONS - NEW HANOVER COUNTY
SHERIFF'S DEPARTMENT
Sheriff Joe McQueen commented on the severe overcrowding of
the jail and requested approval of five (5) new deputy positions
to provide the necessary manpower for operation of the jail.
Commissioner Barfield expressed concern for the low salary
paid to deputies asking if this compensation attracts qualified
personnel to work in extremely dangerous situations, particularly
with the rampant use of drugs. Sheriff McQueen stated the salary
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 ( CONTINUED)
-643
.,
is not sufficient; however, the Personnel Department is working
on upgrading these positions.
Discussion was held on the costs involved and money to be
received from drug forfeiture cases. Acting County Manager
Gornto stated funds received from the drug forfeiture cases can
be used for personnel and recommended use of these funds to
assist with funding of the positions requested.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
O'Neal to approve the five (5) Deputy positions as requested by
the Sheriff with preparation of the necessary Budget Amendment.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF VARIANCE FOR CONNECTION TO THE SEWER SYSTEM AS
REQUESTED BY DEL MCGOWAN
County Engineer, Wyatt Blanchard, stated Mr. McGowan has
requested a variance to the Sewer Ordinance that will allow him
to run one common sewer line to the sewer main for connection of
his home and his aunt's home to reduce the fee by $2,000. He
stated this request is in direct conflict with the Sewer
Ordinance; however, if the Board approves the variance he would
recommend approval contingent upon obligation of the party to
perform the maintenance and provide an additional connection if
one of the houses is sold.
Discussion was held on setting a precedent by approving the
request. commissioner Barfield stated other exemptions have been
granted when having to install more than 300 feet of sewer line.
Chairman Retchin asked if anyone present would like to
speak. The following person commented:
Mr. Del McGowan stated this property has been in his family
for years and requested some form of variance to eliminate the
installation two separate lines.
Motion: After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Mathews to grant the variance and require the
property owners to adhere to the following conditions: (1)
perform maintenance of the line; (2) provide an additional
connection to the sewer system if one house is sold; and (3)
direct the County Attorney to prepare a covenant to run with land
in the event the land is sold at a later date. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
WAIVER OF LANDFILL TIP FEES FOR DISPOSAL OF DEBRIS FROM SUNSET
PARK SCHOOL DEMOLITION PROJECT AS REQUESTED BY WILMINGTON HOUSING
FINANCE AND DEVELOPMENT, INC.
Mr. J. D. Causey, Chairman of Wilmington Housing Finance and
Development, Inc., requested the Commissioners to reconsider
their previous request for waiver of landfill tip fees for
disposal of debris from the Sunset Park School Demolition
project. He stated without waiver of the tipping fee, low to
moderate income families will have to absorb the additional cost.
Director of Engineering & Facilities, Ed Hilton, recommended
waiver of fees for materials that qualify for disposal in the
non-lined area of the landfill stating he would be glad to
furnish the city a list of these materials.
commissioners Corbett and Mathews expressed
filling the lined area of the landfill with bricks.
Barf ield asked Mr. Causey if the contractor can
bricks?
concern for
Commissioner
separate the
Mr. Scott A. Redinger, Administrator of Wilmington Housing
Finance & Development, Inc., stated after discussion with the
contractor, it is not practical to separate materials; however,
if the waiver is approved he would request the demolition
contractor to remove as many bricks as possible.
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MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
644
Motion: After discussion of additional cost for separation of
materials by the contractor and the need for low-income housing,
Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Barfield to
waive landfill tip fees for debris except for asbestos and to
request Wilmington Housing Finance & Development, Inc. to work
with the contractor in separating as much brick and concrete as
possible to avoid dumping these materials into the lined area of
the landfill. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION CONFIRMING THE RATE OF INTEREST ON THE
SALE OF $4,200,000 OF MUSEUM BONDS
n
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to adopt a resolution confirming the rate of interest
established by the Local Government Commission on the sale of
$4,200,000 of Museum Bonds. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XVII,
Page 29.
POSTPONEMENT OF WATER AND SEWER DISTRICT MEETING
Commissioner Barfield, Chairman of the Water and Sewer
District Board of Commissioners, stated the item placed on the
Water and Sewer Agenda has been postponed; therefore, the Special
Meeting is not necessary.
Consensus: It was the consensus of the Board to cancel the
Special Meeting of the Water and Sewer District with this item
being placed on the agenda for September 18, 1989.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF CHANGE ORDER FOR BALLARD, MCKIM & SAWYER, ARCHITECTS
- FEASIBILITY STUDY OF ALTERNATIVES FOR JAIL EXPANSION
Acting County Manger Gornto presented a change order in the n
an amount not to exceed $5,000 for additional professional
services by Herb McKim for study of alternatives for expansion of .
the jail. She requested approval of the change order.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews
to approve the change order in an amount not to exceed $5,000.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY ATTORNEY
AUTHORIZATION TO JOIN OTHER UNITS OF GOVERNMENT IN CONTESTING THE
WITHDRAWAL OF WATER FROM THE CAPE FEAR RIVER BY THE TOWNS OF CARY
AND APEX
County Attorney Pope requested authorization for New Hanover
County to join Bladen County, Brunswick County, Pender County,
the City of Wilmington, and the Lower Cape Fear Water Authority
in an effort to prevent the towns of Cary and Apex from
withdrawing water out of the Cape Fear River and discharging the
water into the Neuse River instead of returning it to the Cape
Fear River Basin.
Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman
O'Neal to authorize New Hanover County to join Bladen County,
Brunswick County, Pender County, the City of Wilmington, and the
Lower Cape Fear Water Authority in contesting the withdrawal Ofl !1
water from the Cape Fear River by the towns of Cary and Apex.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
SCHEDULING OF WORK SESSION FOR REVIEW OF COLLECTIONS AND
RECYCLING FRANCHISE OPTIONS
Commissioner Corbett recommended scheduling a Special Work
Session with the haulers and recyclers to discuss collections and
recycling franchise options.
Consensus: It was the consensus
Special Work Session on Thursday,
of the Board to schedule a
September 14, 1989, at 7:30
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I
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1989 (CONTINUED)
'" '5"
;64"
o'clock P.M. in the Assembly Room of the New Hanover County
Courthouse.
Commissioner Corbett also recommended scheduling a Work
Session to discuss hiring procedures for selecting a new County
Manager. Chairman Retchin stated he was discussing this matter
with the Personnel Director and would report back to the Board.
ADJOURNMENT
Commissioner Barfield MOVED, SECONDED by Commissioner
Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 12:15 o'clock P.M.
;:o~tf:/ ;=
~~. Harrell
Clerk to the Board
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