1987-03-02 Regular Meeting
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MINUTEs OF REGULAR MEETING, MARCH 2, 1987
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Monday, March 2, 1987, at 7:00 o'clock
P.M. in the Assembly Room of the County Administration
BUilding, 320 Chestnut Street, Wilmington, North Carolina.
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Members present were: Commissioners Jonathan Barfield,
Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman;
John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix
Cooper; County Attorney, Robert W. Pope and Clerk to the
Board, Lucie F. Harrell.
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Vice-Chairman Dolan gave the invocation and requested
all persons to stand and repeat the Pledge Allegiance to the
Flag.
APPROVAL OF MINUTES
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to approve the minutes of February 2, 1987, with a
correction to the word conversation to conservation on Page
423. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to approve the minutes of February 16, 1987, with a
correction to the date of minutes approved on Page 424, and
clarification of the figure $9,000 reflecting that $22,084
had been withdrawn from the original funding of the General
Assistance Fund as stated on Page 429. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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NON-AGENDA ITEMs
Chairman O'Neal asked if anyone from the general public
would like to speak on an item not listed on the Regular
Agenda or an item listed on the Consent Agenda. No one
commented.
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APPROVAL OF CONSENT AGENDA
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Dolan to adopt the following Consent Agenda items. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Destruction of Records - Register of Deeds
The Commissioners approved a request from the Registrar
of Deeds for destruction of financing statements dated 1979
and 1980 in accordance with N. C. General Statutes 121-5(b).
A copy of the request is on file in the Clerk's office.
Adoption of Resolution Authorizing the Disposal of
Designated Timber at Hugh MacRae Park
The Commissioners adopted a resolution for removal and
sale of timber at Hugh MacRae Park to Canal Wood Corporation
at a negotiated price authorizing the Chairman to execute a
contract for cutting, clearing and removal of timber.
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A copy of the resolution is contained in Exhibit Book
XV, Page 12.
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Adoption
to State
The
deleting
System:
of Resolutions for Addition and Deletion of Roads
Maintained Road System
Commissioners adopted resolutions adding and
the following roads to the State Maintained Road
Hidden Valley Road, Extension of SR 1704
(Div. File 558-N)
John Morris Road, SR 1353 - (Div. File 561-N)
John Morris Road, Deletion- (Div. File 562-N)
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
copies of the resolutions are contained in Exhibit Book
XV, Page 12.
Approval of Grant Applications and Acceptance of Grant
Offers for "Winning Teens" and "Campaign for Teen Pregnancy
Prevention" - Health Department
The Commissioners approved grant applications in the
following amounts for "Winning Teens" and Campaign for Teen
Pregnancy Prevention" authorizing acceptance of grant offers
if awarded without change from applications:
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Action Grant Application for "Winning Teens"
$9,000 Federal Grant
$4,600 Local In-Kind
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Action Grant Application for "Campaign for Teen
Pregnancy Prevention"
$6,000 Federal Grant
$1,000 Local In-Kind
Approval of Reclassification of Two positions - Management
Information Services Department
The Commissioners approved reclassification of the
following positions as requested by the Director of MIS:
Administrative Secretary Range 62 to
Office Systems Specialist Range 67
Systems Programmer Range 75 to
Operations Manager Range 79
Approval of Amendment to Food and Beverage Concession Lease
Agreement with Douglas H. Potter New Hanover County
Airport
The Commissioners authorized the Chairman to execute a
simple lease amendment authorizing a change in the Food and
Beverage Concession Lease Agreement with Douglas H. Potter
at the New Hanover County Airport.
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Approval of Request for Free Landfill Service - St. John's
Museum
The Commissioners approved a request by St. John's
Museum to deposit demolition materials from their renovation
project in the landfill without a charge.
Approval of Amendment to Resolution for Establishment of
Policy and Procedures for Appointments to County Boards,
Commissions, Committees or Authorities
The Commissioners approved an amendment to address
unexcused absences in Section 1. E of the resolution for
establishment of Policy and Procedures for Appointments to
Boards, Commissions, Committees or Authorities.
A copy of the resolution is contained in Exhibit Book
XV, Page 12.
Budget Amendments Reported for Entry Into the Record
The following Budget Amendments were reported for entry
into the records:
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87-00000173 various Departments
Debit
Credit
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Internal Audit
Retirement - Local Government Employees $ 2,000
System
Finance
Capital Outlay - Equipment
$2,000
Transfer needed to cover cost of computer for new position.
MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
4:
Approval of Budget Amendments
The Commissioners approved the
Amendments:
following
Budget
87-00000158
Museum
Debit
Credit
Institute of Museum Services Grant
$33,780
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Salaries & Wages
social Security
$31,526
2,254
To budget for IMS Grant approved 8/18/86.
87-00000172 Dept. of Social Services
Debit
Credit
General Fund
Contingencies
$ 7,343
DSS/Personnel Care Services
Salaries & Wages
social Security
$ 2,178
156
DSS/Community Alternatives Program
Salaries & Wages
Social Security
4,674
335
Appropriation to pay CHORE Providers overtime according to
F.L.S.A.
87-00000161 County Commissioners
General Fund
Appropriated Fund Balance
$10,664
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County Commissioners
Auto Expense
5,100
Travel, Meetings, & Schools
Salaries & Wages
$ 8,000
7,764
Additional funds required for travel and salaries for the
remainder of FY 86/87.
APPROVAL OF FUNDING FOR CAPE FEAR AREA DIRECTORS OF
VOLUNTEERS IN AGENCIES (DOVIA)
Ms. Jean Bridger, representing DOVIA, presented plans
for a reception to be hosted by the County Commissioners to
honor volunteers in New Hanover County on May 3, 1987,
during National Volunteer Week. She also presented a budget
request in the amount of $1,000.
Commissioner Barfield commented
volunteer service to New Hanover
additional funding to sponsor a more
Discussion was held on a change
reception and ceremonies.
on the importance of
County recommending
meaningful reception.
of location for the
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Vice-Chairman Dolan expressed appreciation to the many
volunteers for their tremendous participation in volunteer
service to citizens of New Hanover County.
After further discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Barfield to authorize funding up to
$3,000 to sponsor a reception for volunteers of New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING
Notice had been given that a Public Hearing would be
held by the Board of Commissioners of New Hanover County on
Monday, March 2, 1987, at 7:00 o'clock P.M. in the Assembly
Room of the New Hanover County Administration Building, 320
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
Chestnut Street, Wilmington, North Carolina, to consider the
following:
WITHDRAWAL BY PETITIONER OF REQUEST TO CONSIDER AN APPEAL OF
DENIAL BY THE PLANNING BOARD TO REZONE APPROXIMATELY 2.75
ACRES ON THE SOUTH SIDE OF EAS'lWOOD ROAD, WEST OF
ROGERSVILLE ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL
Planner Avery reported the petitioner had withdrawn the
request for an appeal as of this afternoon.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO EXPAND EXISTING KENNEL OPERATION LOCATED ON THE NORTH
SIDE OF GREENVILLE LOOP ROAD KNOWN AS, "MEADOWSWEET," BY
ADDING FORTY ADDITIONAL ENCLOSED ANIMAL RUNS
Planning Director Hayes and Planner Avery showed slides
and gave background information on the request to expand the
existing kennel operation. Planning Director Hayes stated
the Health Department had evaluated the site with the
conclusion that the expansion would have an impact on sewage
needs. The facility will be required to connect to the
County-wide Sewer System before becoming operational.
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Chairman 0' Neal asked anyone present wishing to
testimony to step forward to be sworn in by the Clerk.
following persons were sworn in:
give
The
Mr. Dumay A. Gorham, Jr., Attorney
Ms. Judy Inscoe, Petitioner
Mr. Peter Davis
Mr. Jerry Nease
Mr. Bob Thomas
Mr. Bob Thomas, Jr.
Mr. Joe Nease
Mr. Harold Roth
Ms. Delores Roth
Ms. Carmen Nease
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Chairman 0' Neal opened the
anyone present wished to speak
The following persons commented:
Public Hearing asking if
in favor of the expansion.
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Mr. Dumay Gorham, Attorney representing the petitioner,
asked Ms. Judy Inscoe to present her request.
Ms. Inscoe gave background information on development
of the kennel and services provided to the citizens of the
community. She requested issuance of a Special Use Permit
to expand the kennel building by 40 animal runs which would
be entirely enclosed to protect all animals from weather
extremes and to protect adjacent residences from noise and
odors.
Chairman O'Neal asked Ms. Inscoe if she agreed
presentation and statements presented by the
Director. Ms. Inscoe stated she concurred.
with the
Planning
Mr. Gorham presented photographs of the cemetery, the
plot plan, and letters from adjoining property owners
stating he would be glad to answer questions.
Vice-Chairman Dolan commented on complaints received
about noise from barking dogs and large exhaust fans. Ms.
Inscoe stated exhaust fans were used during the day to dry
the runs, but not after 7:00 P.M.
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Chairman O'Neal asked if anyone present wished to speak
in opposition to issuance of the Special Use Permit. The
following persons commented expressing concern for noise,
flies, increased traffic, and encroachment into a
residential neighborhood:
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
4:
Public Hearing continued
Mr. Jerry Nease
Mr. Peter Davis
Mr. Bob Thomas
Mr. Harold Roth
Chairman O'Neal closed the Public Hearing.
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After discussion of the surrounding residential area
and commercial encroachment, Commissioner Barfield MOVED,
SECONDED by Commissioner Corbett to deny granting a Special
Use Permit based on the findings that the request does not
satisfy the third and fourth general requirements; namely
that the use will not substantially injure the value of
adjoining or abutting property; and that the use 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. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the denial is contained in SUP Book I, Page
26.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF NORTHWEST ROAD
IN CASTLE HAYNE
planning Director Hayes gave background information on
a request to issue a Special Use Permit to locate a mobile
home on Northwest Road in Castle Hayne stating all
requirements had been met.
Chairman 0' Neal asked anyone present wishing to
testimony to step forward to be sworn in by the Clerk.
following persons were sworn in:
give
The
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Mr. T. R. Kalnen, the petitioner
Mr. John Lorek
Mr. Charles Pete, Jr.
Ms. Charlene Pete Moore
Ms. Adelle Janicki
Ms. Elizabeth Gmytruk
Ms. Josephine Sandy
Chairman O'Neal opened the Public Hearing asking if
anyone present wished to speak in favor of issuing a Special
Use Permit for location of a mobile home. The following
persons commented:
Mr. T. R. Kalnen, the petitioner, stated the land was
being farmed by his son and requested issuance of a Special
Use Permit to locate a mobile home on the property to serve
as a residence for his son.
Chairman O'Neal asked Mr. Kalnen if he agreed with the
findings presented by the Planning Director and Staff. Mr.
Kalnen stated he concurred.
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Mr. John Lorek, a resident of the area, stated he did
not object to placement of the mobile home and felt his son
should have a place to live.
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Chairman 0' Neal asked if anyone present would like to
speak in opposition to issuance of a Special Use Permit.
The following adjacent property owners expressed concern for
the placement of additional mobile homes in this area,
reduction of property value, and contamination of
groundwater requesting denial of issuing the Special Use
Permit:
Ms. Charlene Pete
Ms. Mary Elizabeth Gmytruk
Mr. Charles Pete, Jr.
Ms. Adelle Janicki
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
Ms. Janicki, acting through a Power of Attorney from
her brother Mr. Melvin Edwards, read a letter stating his
opposition to the request. She then commented on her
opposition to placement of the mobile home.
Chairman O'Neal closed the Public Hearing.
After discussion of the area and no evidence presented
that the request does not satisfy the four general
requirements, commissioner Corbett MOVED, SECONDED by
Commissioner Retchin to grant the Special Use Permit based
on the following findings of fact: (1) the proposed use does
satisfy the first general requirement; 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; namely that the use meets
all required conditions and specifications; (3) the proposed
use does satisfy the third general requirement; namely that
the use will not substantially injure the value of adjoining
or abutting property, or that the use is a pUblic necessity;
and ( 4) the proposed 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 in which it is to
be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of the Special Use Permit is contained in SUP
Book I, Page 26.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A CONVENIENCE FOOD STORE AT THE NORTHWEST CORNER
OF SILVA TERRA DRIVE AND CAROLINA BEACH ROAD
Planning Director Hayes and Planner Avery presented
slides and gave background information on the request
stating a Special Use Permit had been issued in January
1985, but had expired with no construction taking place.
Planning Director Hayes suggested placing the following
conditions on the permit if issued:
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I. Require a buffer along the western property
boundary as specified in Section 67 of the Zoning
Ordinance.
2. Require commercial dumpster to be screened from
view of adjacent residential properties.
3.
Require removal
upon cessation of
alternate use.
of all underground storage tanks
proposed use and conversion to an
Chairman O'Neal asked anyone present wishing to give
testimony to step forward to be sworn in. The following
persons were sworn in:
Ms. Nancy Williamson
Ms. Kathleen Lawler
Ms. Mary Trail
Ms. Kathleen Hewett
Ms. Josephine Rowe
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Chairman O'Neal opened the Public Hearing.
Chairman O'Neal asked if anyone present wished to speak
in favor of issuing the Special Use Permit. The following
person commented:
Ms. Nancy Williamson, a realtor representing the
petitioner, gave background information on the company and
MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
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type of facility to be constructed. She stated
permit was not used due to that company
personal problems. She requested approval of
Use Permit.
the previous
experiencing
the Special
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Chairman O'Neal asked if anyone present wished to speak
in opposition to issuance of the Special Use Permit. The
following residents of Silva Terra expressed concern for
increased traffic, trash, and location of another
convenience store when one is only four blocks away:
Ms. Kathleen Lawler
Ms. Mary Trail
Ms. Josephine Rowe
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Barfield MOVED, SECONDED
by Vice-Chairman Dolan to deny granting the Special Use
Permit based upon the findings of facts after hearing the
evidence that the use does not meet the third and fourth
general requirements; namely the use will not substantially
injure the value of adjoining or abutting property, or that
the use is a public necessity; and 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. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of denial is contained in SUP Book I, Page 26.
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BREAK
Chairman O'Neal recessed the meeting for a break from
8:55 o'clock P.M. to 9:06 o'clock P.M.
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PUBLIC HEARING TO CONSIDER MODIFICATION OF A REQUEST BY
LAURA AND BONEY WILSON TO REZONE 10.49 ACRES ON THE EAST
SIDE OF CASTLE HAYNE ROAD NORTH OF HOLLAND DRIVE TO B-1
BUSINESS FROM R-15 RESIDENTIAL
Planning Director Hayes and Planner Avery gave
baCkground information on the modified version of the
original petition stating the Planning Board recommended
expanding the B-1 District an additional 250 feet to the
east. He stated the petitioner requested expanding the
business zone to Runnymeade and Wrightsboro Acres.
Chairman O'Neal opened the Public Hearing.
Chairman
in favor of
commented:
O'Neal asked if anyone present wished to speak
the rezoning request. The following person
Ms. Frances Trask, Attorney representing the
petitioner, presented a survey map showing 500 feet of
unusable land. She requested approval of the original
request.
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Vice-Chairman Dolan stated Mr. Wilson had indicated he
would be willing to accept rezoning of an additional 500
feet aSking if this would be acceptable.
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Mr. Wilson stated the additional footage would be
acceptable.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the request. No one commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Corbett to approve the rezoning request as
presented by the Planning Board with expanding the B-1
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42 MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
District an
recommended.
additional 500 feet instead of 250 feet as
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 10-A OF NEW
HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974," is
contained in Zoning Book II, Section 10-A, Page 19.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 2.3 ACRES AT
THE NORTHWEST CORNER OF LYNN AVENUE AND CASTLE HAYNE ROAD IN
CASTLE HAYNE TO B-2 BUSINESS FROM RA RURAL AGRICULTURAL
Planning Director Hayes gave background information on
the rezoning request stating the Planning Board unanimously
approved the request citing compliance with the general
policy guidelines of the 1986 Land Use Plan. He recommended
approval if no one present wished to speak in opposition.
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Chairman O'Neal opened the Public Hearing asking if
anyone present wished to speak in opposition to the rezoning
request. No one commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Barfield to rezone 2.3 acres at the
northwest corner of Lynn Avenue and Castle Hayne Road to B-2
Business from RA Rural Agricultural. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF
NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985,"
is contained in Zoning Ordinance Book II, Section, Castle
Hayne, Page 4.
PUBLIC HEARING TO CONSIDER A REQUEST BY ALLEN BROWN TO
REZONE .37 ACRE ON THE NORTHWEST SIDE OF MARKET STREET
APPROXIMATELY 600 FEET NORTH OF THE U. S. 17 MILITARY
CUT-OFF INTERSECTION TO R-15 RESIDENTIAL FROM B-2 HIGHWAY
BUSINESS, WITH INCLUSION OF THE NIXON PROPERTY TO THE NORTH
FOR REZONING TO R-15 FROM B-2
Planner Avery gave background information on the
rezoning request stating some dispute existed over property
ownership. He stated the Planning Board did not feel the
ownership dispute between the adjoining church and Mr. Brown
was relevant to the rezoning proposal and approved the R-15
rezoning request including a part of the Nixon Heir property
to the north.
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Chairman O'Neal opened the Public Hearing.
Chairman O'Neal asked if anyone present wished to speak
in favor of the rezoning request. The following person
commented:
Mr. Steve Wallace, representing the petitioner, stated
Mr. Brown did own the property in question and had been
paying taxes for seven years. Mr. Wallace commented on
strip zoning of the property in 1975 which had made the land
on each side unusable. He stated Mr. Brown had requested
residential rezoning to place a mobile home on the property
as a residence for his daughter.
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Vice-Chairman Dolan asked the County Attorney about any
legal ramifications of rezoning the property with a dispute
over ownership of the property. County Attorney Pope stated
rezoning the property would have no impact on the Court's
decision as to ownership.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the rezoning request. The following person
commented:
MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
4
Mr. J. C. Millhouse Jr., a member of Enoch Chapel
Missionary Baptist Church, commented on the property dispute
stating the property did belong to the church. He requested
denial of the rezoning stating surrounding property was
zoned B-2.
Commissioner Barfield expressed concern for B-2 zoning
next to churches.
Chairman O'Neal closed the Public Hearing.
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After discussion, Commissioner Retchin MOVED, SECONDED
by Commissioner Barfield to approve the R-15 rezoning
request as recommended by the Planning Board and Planning
Staff which includes rezoning the Nixon property to the
north. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED SEPTEMBER 7, 1971," is
contained in Zoning Ordinance Book I, Section 6, Page 33.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY
1. 3 ACRES ON THE SOUTH SIDE OF GORDON ROAD, 212 FEET WEST OF
u. S. 17 TO B-2 BUSINESS FROM R-15 RESIDENTIAL
Planning Director Hayes stated based on rezonings in
the area of Gordon Road and Market Street and general
compliance with the policies for growth and development as
stipulated in the 1986 Land Use Update, the Planning Staff
and Planning Board recommended approval of the rezoning
request.
Chairman O'Neal opened the Public Hearing aSking if
anyone present wished to speak in favor of the request. The
following person commented:
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Mr. Morgan Kenney, a marketing representative for the
petitioner, commented on commercial zoning and activity in
this area. He requested approval of the rezoning request.
Chairman O'Neal asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Barfield, MOVED,
SECONDED by Commissioner Corbett to rezone approximately 1.3
acres on the south side of Gordon Road, 212 feet west of
U. S. 17 to B-2 Business from R-15 Residential as
recommended by the Planning Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF AREA NO.6 OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED SEPTEMBER 7, 1971," is contained in
Zoning Ordinance Book I, Section 6, Page 34.
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PUBLIC HEARING TO CONSIDER A MODIFICATION OF A REQUEST TO
REZONE 6.4 ACRES ON THE EAST SIDE OF U. S. 421 AND SOUTH OF
GOLDEN ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL
Planning Director Hayes gave background information on
the modified version of the original rezoning petition
stating the Planning Board felt rezoning of the southern
portion would lead to unnecessary strip commercial
development and traffic congestion recommending not to
rezone the southern portion. The northern portion would be
rezoned with the intersection area of Golden Road and U. S.
421 as traffic ingress and egress.
Chairman O'Neal opened the Public Hearing.
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
Chairman 0' Neal asked if anyone present wished to
speak in favor of or in opposition to the request. No one
commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Retchin to approve the modified rezoning
request as presented by the Planning Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971," is contained
in Zoning Ordinance Book I, Section 4, Page 22.
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PUBLIC HEARING TO CONSIDER ADOPTING ZONING TEXT AMENDMENTS
TO THE PLANNED DEVELOPMENT DISTRICT ORDINANCE CONCERNING THE
SCHOOL FACILITY NEEDS AND FIRE DISTRICT FEE FORMULAS
Planning Director Hayes gave background information on
the proposed text amendments to clarify the impact fee
process of Planned Development Districts. He stated the
fire impact fee formula was changed due to establishment of
a County Fire Service District. He stated the original fire
impact fee formula utilized a general fund contribution; but
with establishment of the Fire Service District the funding
is now provided by a fire district tax with the new formula
listed in the proposed Text Amendment.
Planning Director Hayes stated the school impact fee
formula was revised to insure that future PD developments
contributed to the school system relative to their impact on
the system. He stated the changes eliminated any waiver
provisions as now provided, and that the Board of Education
fully endorsed the proposed Text Amendments.
Chairman O'Neal opened the Public Hearing.
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Chairman O'Neal asked if anyone present wished to speak
on the proposed Text Amendments. No one commented.
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Chairman O'Neal closed the Public Hearing.
Commissioner Barfield expressed concern for additional
taxing of persons in PD Districts stating the homeowner is
absorbing the costs, not the developer.
Chairman O'Neal recommended voting separately on the
Text Amendments as applied to fees for fire services and
schools. He expressed concern for hastily approving a fee
that could be quite costly to developers under PD
Districting.
County Attorney Pope recommended rewording Section 6.
of the ordinance as follows to specifically state that New
Hanover County will receive payment of the fees:
A fee shall be paid to New Hanover County for use by
the Fire Department servicing the PD District. The
Fire Service District commission shall recommend the
most appropriate use of the fee to provide adequate
fire protection in the District.
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After discussion, Commissioner Retchin MOVED, SECONDED
by Vice-Chairman Dolan to adopt the proposed Text Amendments
as presented by the Planning Staff with a change in wording
as recommended above by the County Attorney.
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After further discussion, commissioner Barfield made a
SUBSTITUTE MOTION to vote separately on the proposed Text
Amendments clarifying the fee formula changes for fire
services and schools in PD Districts. Chairman O'Neal
SECONDED the MOTION. Upon vote, the MOTION FAILED DUE TO
NOT RECEIVING A MAJORITY VOTE AS FOLLOWS:
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
4,
Voting Aye: Commissioner Barfield
Chairman O'Neal
Voting Noe: Commissioner Corbett
commissioner Retchin
Vice-Chairman Dolan
Chairman O'Neal called for a vote on the original
MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Corbett
commissioner Retchin
Vice-Chairman Dolan
Voting Noe: Commissioner Barfield
Chairman O'Neal
A copy of the ordinance is contained in Exhibit Book
XV, Page 12.
PUBLIC HEARING TO CONSIDER ADOPTING STATE OF NORTH CAROLINA
REGULATIONS GOVERNING DEMOLITION - LANDSCAPE LANDFILLS
Planner Avery gave background information on state
regulations stating the County Attorney had recommended
deletion of Section 2 of 69.8-6, Enforcement and Penalties,
of the proposed regulations since this issue is already
addressed in the present ordinance.
Chairman O'Neal opened the Public Hearing.
Chairman O'Neal asked if anyone present wished to speak
in favor of or in opposition to the proposed regulations.
No one commented.
Chairman O'Neal closed the Public Hearing.
After discussion, Commissioner Retchin MOVED, SECONDED
by Commissioner Barfield to approve the regulations as
presented by the Planning Staff with deletion of Section 2
as recommended by the County Attorney. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is contained in Exhibit Book
XV, Page 12.
ADOPTION OF RESOLUTION IN SUPPORT OF PROPOSED STATEWIDE
HIGHWAY RIGHTS-OF-WAY AND HIGHWAY FUNDING LEGISLATION
Commissioner Retchin presented a resolution endorsing
the N. C. Department of Transportation's proposed statewide
legislation for preserving rights-of way and other highway
funding needs.
After discussion, Commissioner Retchin MOVED, SECONDED
by Commissioner Corbett to adopt the resolution as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book
XV, Page 12.
COMMITTEE APPOINTMENTS
REQUEST TO RE-ADVERTISE VACANCY ON NEW HANOVER CONVENTION
AND VISITORS BUREAU, INC.
Commissioner Barfield expressed concern for not
receiving all applications received for filling the vacancy.
He requested the Clerk to forward every application received
for all positions whether in a particular category or not.
After further discussion, it was the consensus of the
Board to re-advertise for the category available.
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Commissioner Barfield reminded the Commissioners of the
meeting scheduled by Concerned Citizens of Seagate on
Thursday, March 5,1987, at 7:00 P.M. to discuss sewer
meters and problems with contractors performing work on the
Sewer System. He invited all Commissioners to attend.
Vice-Chairman Dolan commented on pot holes being left
in streets after installation of sewer lines asking the
County Attorney if the County could be liable for damage or
accidents that occur until these repairs have been made by
the State. County Attorney Pope stated the County could be
named in a lawsuit.
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After further discussion, it was the consensus of the
Board to refer any complaints or problems received with
reference to installation of the Sewer System to the
Engineering Department.
REPORT ON HUMAN RELATIONS MONTH
Commissioner Corbett reported on Human Relations Month
in New Hanover County complimenting the Human Relations
Commission for an outstanding month of activities and
events. He stressed the importance of observing human
relations every month of the year.
REPORT ON PLANNING MEETING - COMMITTEE OF 100
commissioner Corbett commented on a planning
the Committee of 100 stating long range goals and
discussed. He stated the Committee of 100
approaching the County for funding support for
fiscal year.
meeting of
plans were
would be
the next
DISCUSSION OF AZALEA FESTIVAL TICKETS
Chairman O'Neal commented on the letter from Mr.
Douglas C. Echols, President of the 1987 Azalea Festival,
stating he returned his tickets and recommended either
forwarding tickets to all Commissioners or none at all.
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commissioner Barfield stated Mr. Echols had contacted
him apologizing for his mistake stating 15 tickets would be
forwarded to the County.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF BUDGET AMENDMENT FOR ARBORETUM - NEW HANOVER
COUNTY AGRICULTURE EXTENSION SERVICE
County Manager Cooper stated during the budget process
last year, the Commissioners agreed to contribute $20,000 to
the Arboretum Fund provided the Arboretum Committee raised
matching funds. He reported the Committee had raised $20,000
and requested approval of the following Budget Amendment:
87-00000186 - Agriculture Extension Service
& Non Departmental
Debit
Credit
General Fund
Appropriated Fund Balance
$
503
Non-Departmental
Contingencies
19,497
,
Agriculture Extension Service
Contributions to Outside Agencies
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$20,000
Transfer of funds for Challenge Grant for New Hanover
County Extension Service Arboretum, Inc. Approved by County
Commissioners with FY 86/87 Budget.
Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to approve the Budget Amendment in the amount of
$20,000 as requested by the County Manager. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, MARCH 2, 1987 (CONTINUED)
4.
DISCUSSION OF SCHOOL CONSTRUCTION
County Manager Cooper stated Superintendent Flynn had
notified him that bids for the new junior high school had
been received and were well under the funds available. He
commented on his recommendations forwarded to the
Commissioners asking direction of the Board in addressing
the Laney High School expansion.
Discussion was held on determining the actual needs of
the school system. Also, discussion was held on the
County's Manager recommendation to provide funding in the
amount of $2.2 million for expansion of Laney High School.
After further discussion, Vice-Chairman Dolan MOVED,
SECONDED by commissioner Corbett to request the Chairman to
schedule a meeting with the Board of Education on March 23,
1987, for presentation and discussion of capital needs and
the Laney High School project. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
DISCUSSION OF STEAM PLANT OPERATIONS
commissioner Corbett asked how operations were going at
the Steam Plant since dismissal of the Plant Manager.
County Manager
and the Personnel
position.
Cooper stated things were going well,
Department was advertising for the
Commissioner Corbett complimented Engineering Director
Hilton for an outstanding job in handling a difficult
personnel problem.
ADJOURNMENT
Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
P.M.
Chairman O'Neal adjourned the meeting at 10:40 o'clock
Respectfully submitted,
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Clerk to the Board
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