1987-12-07 Regular Meeting
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987
ASSEMBLY
The New Hanover County Board of
Regular Session on Monday, December 7,
P.M. in the Assembly Room of the
Administration Building, 320 Chestnut
North Carolina.
commissioners met in
1987, at 5:00 o'clock
New Hanover County
Street, Wilmington,
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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JOINT MEETING WITH NEW HANOVER
Chairman O'Neal called
welcomed all members present.
COUNTY BOARD OF EDUCATION
the meeting to order
and
Ms. Lucille T. Shaffer, Chairman of the Board of
Education, gave background information on the development
and improvements of school facilities in New Hanover County
since the fall of 1981. She listed the following primary
objectives:
1. Replacement of obsolete classrooms.
2. Racial balance.
3. Long term stability in an attendance area.
4. Achieve a K-6 Organization.
5. Channel money needed to maintain older buildings
into preventive programs.
6. Reduce transportation time.
Ms. Shaffer expressed appreciation to the County
commissioners for their commitment and financial support to
the New Hanover County School System commenting on the
Five Year Facilities Plan which involved approval of the
$11.5 million bond issue and approval of the $2.2 million
Laney High School Project.
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Ms. Shaffer gave background information on the recently
enacted State School Facilities Finance Act which requires
adoption of a Ten Year Plan in order to receive State funds.
She presented the following plan and requested a funding
commitment of $665,000 per year in order to meet the
objectives as outlined:
1. Replacement of outdated educational building:
- Dudley School
- Tileston school
- Lake Forest School
- Sunset Junior High School
- Catlett Building
- Hooper Building
- Peabody school
2. Relocation of classrooms nearer school popUlation.
3. Maintenance of racial balance carrying out the
spirit of, and operation of, an integrated school
system.
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4. Increasing stability in district lines.
5. Implementing new school organizational patterns
based upon educational soundness rather than
facilities domination:
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
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(Item 5 continued)
Step One:
K-6
7-9
10-12
9-12
step Two:
K-5
6-8
6. Accountability for projected growth allowing for
areas of increase and decrease.
7. Establishment of maintenance expenditure levels
after having "caught up" with needs through a
Board approved Renovation Plan maintained on an
annual basis.
8. Educational environment equity for all schools
through planning and construction facilitated by
new structures and renovations of older (but sound)
structures.
9. Shorter transportation time which students spend
getting to and from school.
10. predictions and adjustments for unforeseen events as
follows:
One third (1/3) interest payment (bond issue).
Two thirds (2/3) pay as you go.
Reduction of architectural cost by using
existing drawings and utilizing savings for
new furniture and equipment.
Maintaining a balance between projected cost
and actual cost in the first seven years of
the plan.
Ms. Shaffer presented the proj ected cost for the Ten
Year Plan as follows:
Program of Annual Renovations
($900,000 per year)
$ 9,000,000
Additions to Three Middle Schools
2,800,000
New Service Facilities
4,300,000
Energy Conservation
Handicapped Facilities
Community Schools
300,000
1,000,000
250,000
$17 ,650,000
TOTAL
Ms. Shaffer expressed appreciation to the Board of
Commissioners for the $20 million of funding appropriated by
New Hanover County within the past 10 years for the school
system. commissioner Retchin emphasized the fact that the
citizens of New Hanover County had been willing to support
the school program, not just the Commissioners.
Ms.
students
discuss
County.
Shaffer commented on the importance of keeping
in school and introduced Ms. Mary Ann Maliga to
the Alternative School Program in New Hanover
Ms. Mary Ann Maliga stated the Alternative School is
commi tted to educating students, who for various reasons,
cannot perform in the regular school program. She stated
William Hooper School now has three functioning programs,
the guidance centers, interim skills, and Ocean Science
Institute banned together to form the Alternative School. At
present, there are 13 full time certified teachers, 10
teacher assistants, 1 head teacher, 1 secretary and 1
social worker counselor to meet the needs of the students.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
The school is presently serving 150 students and is expected
to serve 250 students by late spring.
Ms. Maliga gave background information on each function
of the Alternative School stressing the importance of
responding to the educational needs of special children.
She stated the long range goal for each student attending
the Alternative School was to return to the regular school
program.
Emphasis was placed on the need for space, a library,
gymnasium, science classes with labs, and additional staff
to teach the required academic subjects. Ms. Maliga stated
children are now being returned to the regular school
programs when additional time is needed in the Alternative
School due to a lack of space and equipment.
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Discussion was held on the dropout rate of students in
New Hanover County. It was the consensus of all that the
Alternative School is certainly an excellent method of
addressing the needs of special students and reducing the
dropout rate.
Chairman 0' Neal, on behalf of the Board, expressed
appreciation to Ms. Maliga for an excellent presentation.
Discussion was held on financing of the six and Ten
Year Plans and the possible impact of funding upon the tax
rate. Director of Finance, Andrew J. Atkinson, stated if
all projections are accurate, County funding for schools
will not have an impact on the tax rate. He commented on
Vocational Education funds as new money that could be used
to offset current expenses. He recommended funding
commitments be handled on a yearly basis.
After further discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Corbett to approve the six and Ten
Year Plans for capital improvements of the school system of
New Hanover County subject to availability of funds as
projected and outlined in the plans submitted with the
condition that the New Hanover Board of Education will, if
possible, not utilize replacement of the Vocational
Education funds for capital expenditures, but utilize these
funds for operating expenses. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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MEETING RECESSED FOR DINNER
Chairman O'Neal recessed the meeting for dinner from
6:01 o'clock P.M. until 7:00 o'clock P.M.
MEETING RECONVENED FOR REGULARLY SCHEDULED MEETING
Chairman O'Neal reconvened the meeting at 7:00 o'clock
P.M.
Reverend Michael Queen, Pastor of the First Baptist
Church, gave the invocation.
APPROVAL OF MINUTES
Commissioner Retchin MOVED, SECONDED by commissioner
Barfield to approve the minutes of Regularly Scheduled
Meeting of November 2, 1987, as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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ELECTION OF CHAIRMAN
Chairman O'Neal opened the floor to receive nominations
for Chairman stating no seconds would be required.
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Commissioner Corbett nominated Vice-Chairman Dolan.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
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commissioner Barfield nominated Commissioner Retchin.
There being no further nominations, Chairman 0' Neal
declared the nominations closed.
Chairman O'Neal called for a
Commissioner Retchin as Chairman.
NOT CARRY AS FOLLOWS:
vote on the nomination of
upon vote, the MOTION DID
Voting Aye: Commissioner Barfield
Commissioner Retchin
Voting Noe: Commissioner Corbett
vice-Chairman Dolan
Chairman O'Neal
Chairman O'Neal called for a vote on the nomination of
Vice-Chairman Dolan as Chairman. Commissioner Retchin
MOVED, SECONDED by Commissioner Barfield to make the vote
unanimous. upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman O'Neal expressed appreciation to the Board for
their cooperation during the past year and congratulated
vice-Chairman Dolan on his election as Chairman.
Chairman Dolan expressed appreciation to former
Chairman O'Neal for his leadership during the past year and
the many hours of time given while serving as Chairman. He
expressed appreciation to the Board for electing him
Chairman stating he would make every effort possible to work
and cooperate with each Board Member in leading the County
through the coming year.
ELECTION OF VICE-CHAIRMAN
Chairman Dolan opened the floor to receive nominations
for Vice-Chairman.
Chairman Dolan nominated Commissioner O'Neal to serve
as Vice-Chairman.
commissioner Barfield nominated Commissioner Retchin to
serve as Vice-Chairman.
There being no further nominations, Chairman Dolan
declared the nominations closed.
Chairman Dolan called for a vote on
Commissioner Retchin as Vice-Chairman.
MOTION DID NOT CARRY AS FOLLOWS:
the nomination of
Upon vote, the
Voting Aye: Commissioner Barfield
Commissioner Retchin
Voting Noe: commissioner Corbett
Commissioner O'Neal
Chairman Dolan
Chairman Dolan called for a vote
Commissioner O'Neal as Vice-Chairman.
CARRIED UNANIMOUSLY.
on the nomination of
Upon vote, the MOTION
BREAK
Chairman Dolan recessed the meeting for a break from
7:15 o'clock P.M. to 7:26 o'clock P.M.
NON-AGENDA ITEMS
Chairman Dolan asked if anyone present wished 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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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
APPROVAL OF CONSENT AGENDA
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
0' Neal to approve the Consent Agenda with adoption of the
revised proclamation for designation of National Drunk and
Drugged Driving Awareness Week in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution for Addition of Road to the North
Carolina State Secondary Road System
The Commissioners adopted a resolution adding the
following road to the State Secondary Road System:
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Dutch square Limited
(Division File #580-N)
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A copy of the resolution is contained in Exhibit Book
XV, Page 46.
Approval of VISTA Volunteer Application for the Department
of Aging 1988-89 - Department of Aging
The Commissioners approved a VISTA Volunteer
Application for funding in the amount of $400 to implement a
program to coordinate housing information for the elderly.
Adoption of Request to Close Landfill on Saturday, December
26, 1987
The Commissioners approved the request
Landfill on Saturday, December 26, 1987,
Christmas Holidays.
to close
due to
the
the
Adoption of Amendments to Incorporate City Amendments into
New Hanover County Sewer Ordinance
The Commissioners adopted amendments into the New
Hanover County Sewer Ordinance in order to remain
consistent with discharge standards established in the City
Sewer Ordinance.
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The amendments are on file in the Clerk's office for
codification into the County Code.
Acceptance of
Commission Grant
The Commissioners accepted the
the amount of $38,120 and authorized
the agreement.
1987-88
Equal
Employment
Opportunity
1987-88 EEOC Grant in
the Chairman to execute
Approval of Contract for Sheriff's Department to Continue
ABC Law Enforcement
The Chairman was authorized to execute an agreement
between New Hanover County, the New Hanover County Sheriff's
Department, and New Hanover County Alcoholic Beverage
Control Board, for continued ABC enforcement by the
Sheriff's Department.
Approval of Resolution for Continued Support of the Cape
Fear Service Delivery Area Job Training Consortiwn and
Designation of Administrative Entity
The commissioners adopted a resolution for continued
support of the Cape Fear Service Delivery Area Job Training
Consortium and designation of Cape Fear Council of
Governments as "Administrative Entity" for the Consortium
until June 30, 1990.
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A copy of the resolution is contained in Exhibit Book
XV, Page 46.
Approval of Release of Fire Service Impact Fees (Landfall) -
seagate Volunteer Fire Department
The Commissioners approved release of collected impact
fees in the amount of $4,913.72 to the seagate Volunteer
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
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Fire Department as recommended by the New Hanover County
Board of Fire Commissioners.
Approval of Budget Amendments
88-0132 Health - Risk Reduction/Accident Prevention
Debit
Credit
Risk Reduction/Accident Prevention
RR Accident Prevention Grant
$6,000
Salaries and Wages
Departmental Supplies
Capital Outlay - Equipment
$ 400
1,319
1,350
General Fund
Appropriated Fund Balance
2,931
Additional funding from State for Health Promotions which
reduces County dollars in Risk Reduction/Accident
Prevention program and provides additional funds for
program operations.
88-0128 Various Departments
Debit
Credit
County Commissioners
Appropriated Fund Balance
$20,200
Property Management
M & R - Buildings and Grounds
$15,000
Library
Capital Outlay - Equipment
5,200
Re-encumbered Purchase Orders from FY 1986-87; FY 1987-88
Budget was not increased to cover costs.
Report of Budget Amendments Approved by Budget Officer
The following Budget Amendments were approved by the
Budget Officer and are being reported for entry into record:
88-0129 Sheriff's Department
Debit
Credit
Federally Forfeited Property
$1,028
Departmental Supplies
$1,028
To set up budget for part of money received from sale of
1972 Corvette to purchase computer supplies.
88-0135 Elections
Debit
Credit
Installment Loan Proceeds
$186,496
Capital Outlay - Equipment
$186,496
Voting machines were purchased under lease purchase
through First Union Bank (Budget Amendment for accounting
purposes only).
Approval of Revised Proclamation Designating National Drunk
and Drugged Driving Awareness Week
The Commissioners adopted a proclamation designating
the week of December 13-19, 1987 as NATIONAL DRUNK AND
DRUGGED DRIVING AWARENESS WEEK in New Hanover County.
A copy of the resolution is contained in Exhibit Book
xv, Page 46.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
DISCUSSION OF SEWER SYSTEM CLEAN UP AND REPAIRS IN SURREY
DOWNS SUBDIVISION
Mr. Douglas Cavalier, representing Surrey Downs
Homeowners' Association, expressed concern for the manner in
which the sewer contractor has left a private road in Surrey
Downs. He stated homeowners paid for a new road when
purchasing their homes this past year and now, a few months
later, the road is patched and culverts are full of debris
after installation of the sewer line. Mr. Cavalier
requested resurfacing the private road to its original
condition and cleaning out of culverts.
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County Engineer, Wyatt Blanchard, commented on several
clean up items which have not been completed by the
contractor. He stated the major items of concern expressed
by residents are as follows: ( 1) a pipe crossing an area
widened after the sewer line was designed and before
construction of the sewer line; and ( 2) street patches.
County Engineer Blanchard stated prior to construction of
the subdivision the developer was requested to delay
construction of items which would have to be removed due to
installation of the sewer line; however, the request was
denied. County Engineer Blanchard stated he also requested
the developer to place the sewer services prior to pavement
of the street, but again was unsuccessful.
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Mr. Douglas Peacock, a resident of Surrey Downs, stated
in fairness to the developer, he was not able to wait a year
for installation of the sewer line before selling lots. He
stated the sewer contractor should be responsible for
resurfacing of the road.
County Engineer Blanchard stated he is presently
working with sewer contractor to resolve the clean up issue.
He complimented the residents of Surrey Downs for their
cooperative attitude in trying to resolve the existing
problems.
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A lengthy discussion was held on the responsibilities
of the contractor. It was the consensus of the Board to
request County Engineer Blanchard to continue to work with
the sewer contractor, developer, and residents of Surrey
Downs to negotiate the best solution possible to resolve
issues of concern.
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WITHDRAWAL OF PUBLIC HEARING TO CONSIDER ISSUANCE OF A
SPECIAL USE PERMIT TO LOCATE A CONVENIENCE FOOD STORE AT THE
NORTHWEST CORNER OF U. S. 421 AND SILVA TERRA DRIVE
Clerk to the Board, Lucie F. Harrell, stated a letter
had been received from the petitioner requesting withdrawal
of the request for issuance of a Special Use Permit to
locate a convenience food store at the Northwest Corner of
U. s. 421 and Silva Terra Drive.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A MOBILE HOME ON THE EAST SIDE OF CASTLE HAYNE
ROAD, NORTH OF TERESA DRIVE
Chairman Dolan opened the Public Hearing.
Chairman Dolan asked anyone present wiShing to
testimony to step forward to be sworn in by the Clerk.
following person was sworn in:
give
The
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Ms. Linda Buck
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
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Mr. William J. Moore, the owner/developer of the
Nursing Home, commented on the need for additional care of
the elderly in New Hanover County. He stated the facility
will accommodate 60 beds with 32 resident rooms, some with a
full bath, half bath, and community bath. The building will
encompass 20,000 square feet with 2,500 square feet of
recreation and dining space, office space, and a commercial
type kitchen/laundry. He respectfully requested approval of
the Special Use Permit.
Chairman Dolan asked Mr. Moore if he agreed with the
statements and recommendations presented by the Planning
Staff. Mr. Moore stated he concurred.
Vice-Chairman O'Neal commented on the access road. Mr.
Moore stated a road would be constructed to meet North
Carolina Department of Transportation standards.
Chairman Dolan asked if anyone present wished to speak
in opposition to the request. No one commented.
Chairman Dolan closed the Public Hearing.
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After discussion of the access road, Commissioner
Retchin MOVED, SECONDED by Commissioner Barfield to grant
the Special Use Permit after hearing the evidence drawing
the following conclusions and approving the conditions as
recommended by the Planning Staff: ( 1) 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 use does meet all required
conditions and specifications; (3) the use will not
substantially injure the value of adjoining or abutting
property; and (4) 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. Granting of
the permit is subject to the following conditions: (1) the
site is proposed to occupy approximately five (5) lots of
what is known as Shrine Park Subdivision. The
owner/developer shall be required to make arrangements to
"re-record" to reflect ownership and lot configuration
change; (2) no Certificate of Occupancy should be issued
until the access road (Sudan Drive) has been constructed to
state standards; and (3) the retention of the natural areas
around the perimeter shall be required to reduce land use
conflicts when adjoining properties eventually develop.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP
Book I, Page 46.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 2.0 ACRES ON
THE SOUTHEAST SIDE OF U. S. 17, APPROXIMATELY 400 FEET NORTH
OF ALEXANDER ROAD TO B-2 BUSINESS FROM B-1 BUSINESS
Chairman Dolan opened the Public Hearing.
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Planning Director Hayes stated the Planning Board
unanimously approved the rezoning request based on
surrounding zoning and the fact that the site is already
zoned B-1 which would have little impact on the general
area. He recommended approval of the rezoning request if
there was no one present to speak in opposition to the
request.
Chairman Dolan asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
Mr. William J. Moore, the owner/developer of the
Nursing Home, commented on the need for additional care of
the elderly in New Hanover County. He stated the facility
will accommodate 60 beds with 32 resident rooms, some with a
full bath, half bath, and community bath. The building will
encompass 20,000 square feet with 2,500 square feet of
recreation and dining space, office space, and a commercial
type kitchen/laundry. He respectfully requested approval of
the Special Use Permit.
Chairman Dolan asked Mr. Moore if he agreed with the
statements and recommendations presented by the Planning
Staff. Mr. Moore stated he concurred.
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Vice-Chairman O'Neal commented on the access road. Mr.
Moore stated a road would be constructed to meet North
Carolina Department of Transportation standards.
Chairman Dolan asked if anyone present wished to speak
in opposition to the request. No one commented.
Chairman Dolan closed the Public Hearing.
After discussion of the access road, commissioner
Retchin MOVED, SECONDED by Commissioner Barfield to grant
the Special Use Permit after hearing the evidence drawing
the following conclusions and approving the conditions as
recommended by the Planning Staff: (1) the use will not
materially endanger the public health or safety if located
where proposed and developed according to the plan as
submi tted and approved; ( 2) the use does meet all required
conditions and specifications; (3) the use will not
substantially injure the value of adjoining or abutting
property; and (4) 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. Granting of
the permit is subject to the following conditions: (1) the
site is proposed to occupy approximately five (5) lots of
what is known as Shrine Park Subdivision. The
owner/developer shall be required to make arrangements to
"re-record" to reflect ownership and lot configuration
change; (2) no Certificate of Occupancy should be issued
until the access road (Sudan Drive) has been constructed to
state standards; and (3) the retention of the natural areas
around the perimeter shall be required to reduce land use
conflicts when adjoining properties eventually develop.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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A copy of the Special Use Permit is contained in SUP
Book I, Page 46.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 2.0 ACRES ON
THE SOUTHEAST SIDE OF U. S. 17, APPROXIMATELY 400 FEET NORTH
OF ALEXANDER ROAD TO B-2 BUSINESS FROM B-1 BUSINESS
Chairman Dolan opened the Public Hearing.
Planning Director Hayes stated the Planning Board
unanimously approved the rezoning request based on
surrounding zoning and the fact that the site is already
zoned B-1 which would have little impact on the general
area. He recommended approval of the rezoning request if
there was no one present to speak in opposition to the
request.
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Chairman Dolan asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
7]
Chairman Dolan closed the Public Hearing.
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
O'Neal to approve rezoning 2.0 acres on the Southeast Side of
U. S. 17, approximately 400 feet north of Alexander Road to
B-2 Business from B-1 Business as recommended by the
Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971," is contained
in Zoning Ordinance Book I, Section 5, Page 18.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE A PORTION OF
1.60 ACRES AT THE SOUTHEAST CORNER OF OLEANDER DRIVE AND
GREENVILLE LOOP ROAD TO 0-1 OFFICE INSTITUTION FROM R-15
RESIDENTIAL
Chairman Dolan opened the Public Hearing.
Planning Director Hayes and Planner Avery presented
slides and gave background information on the rezoning
request. Planning Director Hayes stated the Planning Board
was concerned with the effect of the rezoning on the
adjoining residential neighborhood located across the back
of the property. He stated the Planning Board approved the
rezoning request with the provision that the back 20 feet of
the property remain residentially zoned.
Vice-Chairman O'Neal expressed concern for the loss of
trees, particularly on the Agriculture Extension site.
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Commissioner Retchin commented on the proposed
regulations which are now being prepared by the Planning
Board asking if the question of clear cutting property will
be addressed. Planning Director Hayes stated the current
regulations do not require a permit for cutting down of
trees; however, trees cut down must be replaced with other
trees at least two inches in diameter in the ratio of 15
trees per acre.
Chairman Dolan asked if anyone
in favor of the rezoning request.
commented:
present wished to speak
The following persons
Mr. Stanley Rehder, the realtor representing the buyer
and seller of the property, requested the residentially
zoned buffer strip begin at the property line.
Mr. Lester Lasure, an adjacent property owner, stated
he would be satisfied with rezoning subject to a 20 foot
buffer strip remaining residentially zoned across the back
of the property.
Chairman Dolan asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
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After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Retchin to rezone a portion of 1.60 acres
acres at the southeast corner of Oleander Drive and
Greenville Loop Road to O-I Office and Institution from R-15
Residential with a 20 foot strip remaining residentially
rezoned across the back of the property. 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. 2 OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is
contained in Zoning Ordinance Book I, Section 2, Page 28.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S
DENIAL TO REZONE 2.01 ACRES ON THE SOUTHEAST SIDE OF BLUE
CLAY ROAD, APPROXIMATELY 1,000 FEET NORTHEAST OF INTERSTATE
40 TO B-1 BUSINESS FROM R-15 RESIDENTIAL
Chairman Dolan opened the Public Hearing.
Planning Director Hayes gave background information on
the rezoning request stating the Planning Board denied the
request due to the various land uses allowed under
commercial zoning and also due to the access limitation
which greatly reduces the site's viability for commercial
use. He stated the Planning Board did recognize the
hardship placed on the owner by denial of the rezoning
request but strongly felt B-1 zoning was not appropriate in
this residentially zoned area.
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Chairman
in favor of
commented:
Dolan asked if anyone present wished to speak
the rezoning request. The following person
Mr. Darryl Mills, an attorney representing the
petitioner, Ms. Vivian Gardner, stated a business was
located on this site in the form of a fish camp for many
years under issuance of a Special Use Permit. He presented
slides showing other commercial uses in this area stating
the highest and best use of this property would be
commercial. Mr. Mills respectfully requested approval of
the rezoning request to allow the owner to sell the property
to be used as a restaurant. He stated the property is
presently in a state of foreclosure.
Chairman Dolan asked if anyone present wished to speak
in favor of or in opposition to the rezoning request. The
following person commented:
Mr. David Glenn Spencer, an adj acent property owner,
stated he had no problem with the property being used as a
restaurant provided no alcohol could be consumed on the
premises.
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A lengthy discussion
land under B-1 zoning.
concern for strip zoning.
was held on future uses of the
Vice-Chairman O'Neal expressed
Commissioner Barfield stated the property had been used
for a restaurant facility in the past and MOVED, SECONDED by
commissioner Retchin to rezone the property as requested.
Upon vote, the MOTION DID NOT CARRY AS FOLLOWS with the
rezoning request being denied:
Voting Aye: Commissioner Barfield
Commissioner Retchin
Voting Noe: Commissioner Corbett
Vice-Chairman O'Neal
Chairman Dolan
PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO
SECTION 52-13 SPECIFYING SEWER CONSTRUCTION REQUIREMENTS FOR
NEW DEVELOPMENT
Chairman Dolan opened the Public Hearing.
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Planning Director Hayes stated the purpose of the
Subdivision Text Amendment was to eliminate any conflicts
between the Subdivision Ordinance and Sewer Ordinance. He
stated the planning Board unanimously adopted the Text
Amendment.
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Assistant County Attorney Silliman, stated the Text
Amendment had been prepared for clarification of any
conflicts, particularly with reference to the definition of
major and minor subdivisions.
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
7
Chairman Dolan asked if anyone present wished to speak
in favor of or in opposition to the proposed Text Amendment.
No one commented.
Chairman Dolan closed the Public Hearing.
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Commissioner Retchin MOVED, SECONDED by Vice-Chairman
O'Neal to adopt the Subdivision Text Amendment to Section
52-13 specifying sewer construction requirements for new
development. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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A copy of the Text Amendment is contained in Exhibit
Book XV, Page 46.
PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO
ADOPT REGULATIONS GOVERNING "WATER-ORIENTED" SIGNAGE
Chairman Dolan opened the Public Hearing.
Planning Director Hayes and Staff Planner, Patti
Logsdon, gave background information on the proposed Text
Amendment governing "water-oriented" signage. He stated the
Planning Board was presented three alternatives as follows:
(1) rely on existing regulations; (2) ban "water oriented"
signs entirely; and (3) amend existing regulations to
prohibit certain signs, while more strictly controlling
permitted signs. The Planning Board unanimously adopted
Alternative #3 with an amendment to allow each marina one
directional/informational type sign located off premises but
not to exceed 64 square feet in surface area and 15 feet in
height as measured from the mean high water line.
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Chairman Dolan asked if anyone present wished to speak
in favor of or in opposition to the proposed Text Amendment.
The following persons expressed concern for directional
signs in order to properly identify marinas along the
waterway:
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Mr. George Bond
Mr. Eugene Floyd
After a lengthy discussion on directional signs,
Commissioner Corbett MOVED, SECONDED by Commissioner Retchin
to approve the Text Amendment adopting Alternative #3 with
the Planning Board's modification to allow one
directional/informational type sign located off premises but
not to exceed 64 square feet in surface area and 15 feet in
height as measured from the mean high water line. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Text Amendment is contained in Exhibit
Book XV, Page 46.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT BY ADDING
SPECIAL TRADE CONTRACTORS AND GENERAL CONTRACTING OTHER THAN
BUILDING AS PERMITTED USES IN THE A-1 AIRPORT INDUSTRIAL
DISTRICT
Chairman Dolan opened the Public Hearing.
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Planning Director Hayes stated the Planning Board
unanimously approved the Zoning Text Amendment based on
surrounding zoning and the fact that the site is already
zoned B-1 Business. He recommended approval of the request
if there was no one present to speak in opposition.
Chairman Dolan asked if anyone present wished to speak
in opposition to the request. No one commented.
Chairman Dolan closed the Public Hearing.
Commissioner Retchin MOVED, SECONDED by Vice-Chairman
O'Neal to adopted the Zoning Text Amendment as presented by
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MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
the Planning Board.
UNANIMOUSLY.
Upon vote,
the MOTION CARRIED
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
II, Airport Section, Page 8.
ADOPTION OF RESOLUTIONS OF INTENT TO CLOSE REMAINING PORTION
OF MACRAE AVENUE AND UNNAMED ALLEY LOCATED IN HARNETT
TOWNSHIP
Commissioner Corbett MOVED, SECONDED by commissioner
Retchin to adopt Resolutions of Intent to close the
remaining portion of MacRae Avenue contiguous to an unnamed
alley located in Harnett TownShip. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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Copies of the Resolutions of Intent are contained in
Exhibit Book XV, Page 47.
PUBLIC HEARING TO CONSIDER APPROVAL OF PUBLIC OFFICIALS
BONDS
Chairman Dolan opened the Public Hearing.
Chairman Dolan asked if anyone present wished to speak
on the Public Officials Bonds. The following person
commented:
Mr. William Funderburg, a resident of Castle Hayne,
asked if other public officials could be included under the
bonds, and if so, would this be costly.
County Manager Cooper stated other public officials and
County employees. were covered under the Public Officials
Liability Insurance pOlicy at a much higher rate of
coverage.
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Chairman Dolan closed the Public Hearing.
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commissioner Retchin MOVED, SECONDED by Commissioner
Corbett to adopt resolutions approving bonds of the Clerk of
Superior Court of New Hanover County, New Hanover County
Finance Officer, New Hanover County Sheriff, Register of
Deeds of New Hanover County, New Hanover County Tax
Collector, and Chairman of the New Hanover County ABC Board.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are contained in Exhibit Book
XV, Page 47.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Resolution to Declare Ness Creek an Outstanding
Resource Water
Planning Director Hayes stated this resolution will be
forwarded to the N. C. Environmental Management Commission
to declare Ness Creek as an Outstanding Resource Water and
impose additional restrictions on uses that may impact Ness
Creek.
Commissioner Retchin MOVED,
O'Neal to approve the resolution
the MOTION CARRIED UNANIMOUSLY.
SECONDED by Vice-Chairman
as presented. Upon vote,
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A copy of the resolution is contained in Exhibit Book
XV, Page 47.
Report on Selection of Exhibi t Designer for New Hanover
County Musewn Expansion
Commissioner Corbett stated the Museum Building
Committee was in the process of selecting an Exhibit
Designer and would be visiting various museums in order to
MINUTES OF REGULAR MEETING, DECEMBER 7, 1987 (CONTINUED)
7~
better select the type of exhibit displays to be used in the
County Museum.
Chairman Dolan asked if any specific design had been
selected for the basic structure of the Museum Expansion.
Commissioner Corbett stated no design had been selected.
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Report of Work Shop Sponsored by the Chamber of Commerce
commissioner Corbett reported on a Work Shop sponsored
by the Chamber of Commerce to discuss enhancement of
international trade at the State Ports. He stated
Representative Alex Hall recommended establishing an
International Trade Council and discussed the idea of
inviting international shipping officials to visit the State
Ports in May 1988. commissioner Corbett stated
Representative Hall will further inform the community of
future plans.
Vice-Chairman O'Neal to be OUt-of-Town
Vice Chairman O'Neal stated due to prior commitments he
would be in Raleigh on December 8 and would not be able to
attend the Special Meeting scheduled for discussion of the
1988 Property Tax Revaluation.
ADJOURNMENT
Commissioner Barfield MOVED, SECONDED by commissioner
Retchin to adj ourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Dolan adjourned the meeting at 9:39 o'clock
P.M.
[
~~ec~~:tted'
~ F. Harrell
Clerk
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