HomeMy WebLinkAboutAgenda 2003 07-07
AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
TED DAVIS, JR., CHAIRMAN · ROBERT G. GREER VICE-CHAIRMAN
WILLIAM A. CASTER, COMMISSIONER · JULIA BOSEMAN, COMMISSIONER · NANCY PRITCHETT, COMMISSIONER
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ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
July 7, 2003 2:00 p.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
2:15 p.m. 1. Closed Session Pursuant to G.S. 143-318.11(5)5
3:15 p.m. 2. Consideration of Incentive Package for GE Nuclear Energy Corporate 7
Headquarters Relocation
3:30 p.m. 3. Consideration of Petition for Compromise of Discovered Value for Unlisted 13
Business Personal Property
4:00 p.m. 4. Presentation of Final Report and Recommendations of the US 17 By-Pass 25
Committee
4:30 p.m.
Break
Public Hearings:
5:00 p.m. 5.1 Rezoning - Request by William Craig for William Canady to rezone 33
approximately 0.88 acres of property located in the 8000 block of Market Street
at the corner of Sweetwater Drive and Market Street from R-15 Residential to
O&I Office and Institutional. (Z-764, 06/03)
5:25 p.m. 5.2 Rezoning - Request by Design Solutions for Allen Masterson to rezone 37
approximately 1.43 acres of property located at 5713 Carolina Beach Road
south of Rosa Parks Lane behind The Discount House from R-15 Residential to
B-1 Neighborhood Business. (Z-766, 06/03)
5:55 p.m. 5.3 Rezoning - Request by Design Solutions for Allen Masterson to rezone 41
approximately 1.71 acres of property located at 6314 Carolina Beach Road
south of Cathay Road on the west side of Carolina Beach Road from R-15
Residential to B-1 Neighborhood Business. (Z-767, 06/03)
6:15 p.m. 5.4 Airport Height Ordinance Text Amendment - Request by the Wilmington 45
International Airport to revise several sections of the Airport Height Zoning
Ordinance. (A-329, 06/03)
6:30 p.m. 5.5 Subdivision Text Amendment - Request by the New Hanover County Board of 61
Commissioners to review comments and suggested language presented at recent
public hearings on amendments to the Subdivision Ordinance. (A-326, 04/03)
6:45 p.m. 5.6 Road Closing - Request by Attorney Jim Snow for Webster Trask to consider 67
closing a portion of Five Acre Road located north of the 6500 block of
Murrayville Road. (SC-79, 03/03)
7:15 p.m.
Break
7:25 p.m. 6. Consideration of Site Plan Review for Large Capital Projects75
7:40 p.m. 7. Committee Appointments77
8:40 p.m. 8. Meeting of the Water and Sewer District79
8:50 p.m. 9. Non-Agenda Items (limit three minutes)
8:55 p.m. 10. Additional Items:
County Commissioners
County Attorney
County Manager
9:00 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page
No.
1. Non-Agenda Items (limit 3 minutes)
2. Approval of Minutes81
3. Consideration of Request for Participation in Oversizing Wastewater Pump
83
Station
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes89
2. Ratification of Appointments to Membership on the Wilmington/New Hanover 91
County Transportation Agency
93
3. Approval of Request to Submit Grant Application and Local Governmental
Resolution to the North Carolina Governor?s Highway Safety Program for a Law
Enforcement Liaison (LEL) Reimbursement Grant
4. Approval of Donation of a 1995 Chevrolet Caprice to Cape Fear Community
97
College to Be Used Exclusively for the Law Enforcement Training Program
5. Approval of Disposal of Surplus Computer Equipment Through Sale to IBM 101
Credit LLC Pursuant to G.S. 106A-267
103
6. Approval of Request to Submit Grant Application to the N. C. Department of
Insurance, Office of State Fire Marshall
7. Approval of Property Transfer105
8. Review of New Hanover Schools Budget Amendment107
Approval of Budget Amendments:
9.1 #04-0002109
9.2 #2004-01111
9.3 #2004-02113
9.4 #2004-03115
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 1Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney
Contact: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney
SUBJECT:
Closed Session Pursuant to G.S. 143-318.11(5)
BRIEF SUMMARY:
Closed Session to discuss matters concerning the position to be taken by or on behalf of the public body in negotiating the
price and material terms of a proposed contract for real property.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold Closed Session
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend the Board conduct a closed session as noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
No Action Taken
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 2Estimated Time:Page Number:
Department: Legal Presenter: Scott Satterfield, Steve Yost, Woody Hall
Contact: Allen O'Neal, County Manager and Wanda M. Copley, County Attorney
SUBJECT:
Consideration of Incentive Package for GE Nuclear Energy Corporate Headquarters Relocation
BRIEF SUMMARY:
Scott Satterfield, Wilmington Industrial Development/Committee of 100, will be here to represent GE Nuclear Energy
Corporate Headquarters. He desires to discuss with the Board an incentive package in order to relocate GE Nuclear
Energy Corporate Headquarters to Castle Hayne.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation, consider request and direct staff.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 3Estimated Time:Page Number:
Department: TAX Presenter: Robert Glasgow
Contact: Robert Glasgow
Item Does Not Require Review
SUBJECT:
Petition for Compromise of Discovered Value for Unlisted Business Personal Property for Ms.
Kate B. Meyer, d/b/a/ Cape Fear Images, Inc. - B0020B0566 - B0020B0566A
BRIEF SUMMARY:
At the board meeting on April 21, 2003 you were presented five appeals of discovered unlisted business personal property.
One appellant that had two discoveries realized the appeal under GS 105-381, "Taxpayer's Remedies" could not be proven
by him and accepted his failure to respond within the prescribed 30 days and is paying the tax. Two others were heard by
the Board and the tax was upheld. This appeal for Cape Fear Images was tabled due to lack of information and is now
being presented again.
On November 14, 2002, this department sent a discovery letter to Cape Fear Images because we were unable to find a
business personal property listing for the current and previous years. The business owner had 30 days in which to appeal
the discovery. No response was received prior to the 30 day deadline of December 14th, and a tax bill was generated and
mailed. On December 19, 2002, Ms. Teresa Graziano of Financial Accounting & Tax Service hand carried a letter
addressed to the Listing section, requesting an extension to the January 31, 2002 business personal property listing for
Cape Fear Images. This department has no record of receiving the original letter but a copy was provided by Ms. Graziano.
Two important items to point out: 1) That letter was dated five days after the 30 day deadline and 2) the letter was
requesting an extension for the listing of business personal property due on January 31, 2002. Extension requests must be
received during the regular listing period. An extension request for tax year 2002 had to be received in this office by
January 31, 2002 in order for an extension to be granted.
Ms. Meyer indicates that her accountant was seriously ill with spinal meningitis during the time the discovery letter was sent
to Cape Fear Images and could not respond. She also feels the $100,000 assessed value is excessive and wants it to be
reduced to a realistic figure.
A value of $100,000 was assigned during the discovery process using another listed advertising company as our
benchmark (Atlantic Coast Advertising). Since no appeal was received, the value became final and taxes were due and
payable. The appeal to you is for a compromise of the county's claim for taxes. The total outstanding tax is $5,797.05.
Under GS 105-381, once the taxpayer has been issued a tax bill they can appeal that the tax is either an illegal tax, tax for
an illegal purpose or a clerical error. If they can prove any of those three items, there should be no tax imposed. The
board should not compromise any tax bill unless any one of the three has occurred. Should the board compromise without
one of the three having occurred, the board members who voted for the release of the tax, may be held personally liable for
any amount that was released, refunded or compromised as identified in N.C.G.S. 105-380.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
This department recommends the assigned tax value of $100,000, penalties and interest amounting to $5,797.05 should be
upheld.
FUNDING SOURCE:
Will above action result in: Number of Positions:
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Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear appeal and render a decision.
COMMISSIONERS' ACTIONS/COMMENTS:
Accepted the Tax Administrator?s request to waive late listing penalty, and uphold assigned value of $100,000.
COMMENTS BY: LGL:
COMMENTS BY:
FIN:
COMMENTS BY:
BUD:
COMMENTS BY:
HR:
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 4Estimated Time:Page Number:
Department: Planning Presenter: Task Force for Planning Development US 17 By Pass ( I-140)
Contact: Dexter Hayes
Item Does Not Require Review
SUBJECT:
Presentation of Final Report and Recommendations of the US 17 By-Pass Committee
BRIEF SUMMARY:
In August 2002 the Commissioners established a committee consisting of two Planning Board members and five citizens.
The Committee was charged with making recommendations for amendments to the Comprehensive Land Use Plan for
areas impacted by the Outer Loop By-Pass.
The Committee was also asked to provide a vision for growth along this new corridor. Beginning with their first meeting in
October the Committee has been reviewing existing land uses and zoning for the area; including identification of wetlands,
aquifers and open space tracts along the corridor, proposed interchanges for the by-pass, aerial photography indicating
existing and proposed developments nearby, sewer and water service areas along with the County's funding schedule , and
the proposed Well Field areas. Since the proposed highway facility will be an interstate design which will limit access to
most of the adjacent properties, the Committee felt that their efforts should be directed towards the interchanges that will be
established along the corridor. The Final Recommendations for the respective interchanges are attached for your review.
Also attached is a list of Implementation Actions agreed upon at their last meeting. This list provide a quick overview of the
Committee's recommendations to the various Boards and Agencies that can be utilized in future planning and land use
decisions.
The Committee members express their appreciation to the Commissioners for supporting this valuable planning effort.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Receive Committee's Recommendations and move forward with Implementation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
By-pass implenmentationby-pass recommend 6.1
Corridor map attached
ITEM DOES NOT REQUIRE REVIEW
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Review recommendation and direct staff.
COMMISSIONERS' ACTIONS/COMMENTS:
Accepted Recommendations of Committee
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By-Pass Committee
Implementation Actions
6/12/03
Incorporate Recommended Changes to the Land Classification Map as part of the CAMA Land Use Plan Update
Work with NCDOT and Developers and Land Owners along Market St north of Porter?s Neck Rd to extend the existing and
planned service roads along both sides of Market St.
Promote the establishment and funding of a Regional Welcome & Visitors Center for the Southeastern part of the State that
would be located north and west of the I-40 interchange.
Provide for an expanded business park with water and sewer services at the US 117 and NC 133 interchange.
Promote as the number one priority, the importance of having water and sewer services at the US 421 interchange and the
economic benefits of this prime industrial area with multiple transportation systems in place.
Plan the Blue Clay Rd interchange as a Gateway to the Airport
Complete the feasibility study and implement the best alignment for the proposed
interchange at Crooked Pine Rd.
Retain some ?temporary crossing? at Crooked Pine Rd. until the new interchange is completed.
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By-Pass Committee
Recommendations
(6/12/03)
Porter?s Neck Interchange
Committee members agreed that the Land Classification Map should be amended to extend the Urban Transition Classification just
north of the new intersection for the planned service road on Market St. This would include most of the residential properties in
Kirkland extending west to the Greenview Ranches tracts. Because of the un-certainty of the plans and schedules for water and sewer
services, two of the Committee members voiced their preference for the Limited Transition Classification.
Because of additional issues regarding the free-flow of traffic along this major arterial and the possibility of interfering with the
functionality of this four-lane divided section of Market St. north of Porter?s Neck Rd., the Committee recommends that the existing and
planned service roads be extended to the North along both sides of Market St. to limit additional access points along that corridor.
Several of the members felt that some type of welcome center for the northeastern part of the County should be pursued since this will
become a primary entrance point for those traveling south along US 17 and for others destined for the Beaches at Figure 8 and
Wrightsville. This interchange will become the Eastern terminus for Interstate travel for those arriving via I-40 and I-140.
In reviewing the I-40 interchange discussed below, the Committee agreed that a more central location along I-40 between the Sidbury
Rd. crossover and the Holy Shelter interchange would be a more desirable location and provide greater traveler benefits for a larger
area.
I-40 Interchange
Committee members felt that this Interchange would be a primary entrance point for visitors traveling to the Beaches in the Southeastern
part of the State. A proposal for a Welcome & Visitors Center north of the Interchange was discussed and staff was asked to research
the feasibility of a site north of Sidbury Rd. Committee members agreed to pursue the matter and to gather additional information about
the costs of such a facility and possible funding opportunities. With costs estimates between $3.5 and $4.5 million some of the
members suggested that a regional center could be jointly funded by several jurisdictions including adjacent counties and municipalities.
In the Northwest quadrant the Committee agreed that the Urban Transition Classification should be extended north to Sidbury Rd. Most
of this property is being developed as the northern Campus of Cape Fear Community College. Urban Services are available and the
property has good access from Sidbury and Blue Clay Rds.
The property West of College Rd and north around the Blue Clay Rd intersection is environmentally impacted with wetlands and
flooding. Most of the property is within the 100 yr floodplain and should be classified Conservation.
No changes were recommended for the Northeast quadrant because of several issues relating to the limited services available and its
Resource Protection Classification that acknowledges the underlying aquifers.
The Committee agreed that the Southeast quadrant offered the least development opportunities at the present time and should remain in
its present Rural Land Classification. Access is limited and sewer service is not available. Future plans for a school site and other
larger tracts in this quadrant should be coordinated to improve the area?s development potential.
NC 133 Interchange
The Committee agreed that this area would remain classified Resource Protection.
Committee members also felt that given the improved access to nearby properties and their potential for supporting industrial expansion,
the County should review its schedule for providing water and sewer services with the idea of moving it up the schedule for sewer
service.
The Committee agreed that this interchange with its direct access to US 117 and NC 133 should be a prime site for an expanded
Industrial and Manufacturing Center and that the property could be developed while acknowledging the environmental limitations
associated with the aquifer and groundwater pollution. Several members felt that this would be a good area for an expanded business
park. Extension of a rail spur and frontage roads to Blue Clay Rd would encourage Light Industrial Development. Committee members
were unanimous in their desire to promote the economic benefits of providing land with adequate infrastructure to attract jobs into the
Community.
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US 421 Interchange
With all of the area around the Interchange zoned for Industrial Use, Committee members re-emphasized the importance of having
water and sewer services for these Industrial properties that will now benefit from an expanded road system that will add a direct link to
I-40. The area has excellent transportation systems with rail and shipping facilities already in place. Sewer applications on site or
alternative discharges into the River could be eliminated or reduced with the extension of sewer service. The Committee urges the
County and City to explore any and all options for getting sewer and water across the River.
The Rural Land Classification for the area is a reflection of the lack of water and sewer services. No changes were suggested for the
Land Classification.
Since the 17 by-pass will terminate at this interchange, traffic patterns south along US 421 will accommodate a mixture of tourist and
through traffic destined for the Brunswick County Beaches, as well as points south. Several Committee members expressed some
concern with the existing congestion at the approaches to the Southern Bridge and the need to accelerate future plans for the
continuation of the by-pass through Brunswick County as well as long range plans for another Bridge that would provide another access
into southern New-Hanover.
Blue Clay Rd Interchange (Planned)
The Blue Clay Rd area is classified Limited Transition on the east side and Resource Protection on the west.
Surrounding lands are zoned for Heavy Industrial Uses except for a small subdivision that is partially developed
on the north side. A rail line is located just west of the interchange which could easily be extended into the
adjacent industrial properties. Water and Sewer service is still limited in the area though it is available a short
distance to the east in Northchase.
Committee members agreed that this interchange would serve as a major entrance point for residents and visitors traveling to the
Airport and that the Manufacturing and Industrial Land Uses were appropriate for the area. They also agreed that any expansion to the
residential subdivision nearby should be discouraged and several homes would probably need to be purchased in mitigating the traffic
impacts of the new interchange.
In reviewing the Land Classification Map the Committee recommends that the Limited Transition area be extended west to the rail line
and north to encompass the jail facilities that now have water and sewer services.
Several members suggested that since this exit would serve as a Gateway to the Airport, more attractive travel and industrial services
should be encouraged. Others were reminded that the SHOD requirements would also apply.
Crooked Pine Rd Interchange (Future)
This interchange is shown on the adopted Thoroughfare Plan as a crossing at Crooked Pine Rd. It has not been funded for any planning
or construction costs. Since this area is presently inaccessible except for this dirt road, future plans for the construction of any
improvements are unknown at this time.
Discussions of the Military Cut-Off extension that would connect at this point are ongoing. It is hoped that a feasibility study can be
completed that could determine the best alignment for the extension.
Several Committee members expressed concern with the road barrier that would be created with the construction of the By-Pass that
would eliminate any access to northern parts of the county for a considerable period of time. The Committee expressed a desire to
provide for some temporary crossing that could be removed later, perhaps an encasement under the By-Pass?
Considering the time frame for the project, no Land Classification changes were proposed for this interchange.
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Priorities for Sewer Service
In reviewing future land use proposals for the various interchanges it immediately became apparent that the greatest limiting factor for
any growth opportunities along the corridor was the absence of water and sewer services, especially sewer. Some discussion also
occurred about the cost/savings of recycling gray water with the suggestion that the County consider that option, including the
installation of parallel lines.
Since the current schedule for providing sewer service is many years into the future, the Committee felt that it might be useful to
prioritize the need for extending sewer service to the various interchanges based upon their development potential. The Committee
unanimously recommends the following priorities:
IUS 421 Interchange - This Interchange would appear to have the greatest impact in terms of job creation and improved tax
base. The entire interchange is already zoned for industrial use and has great highway, rail and shipping access. Water services would
also provide better fire Insurance ratings for the many businesses already located there.
II US 117 Interchange - With the GE facilities already anchoring one quadrant of the interchange and two service roads being
constructed in the NE and SE quadrants, the Committee felt that this area could be expanded as a Business Park. County services are
located within a reasonable distance.
III Blue Clay Rd Interchange ? In terms of development potential for raw land this area is a prime candidate. Surrounding lands
are zoned for Heavy Industrial Use except for a small residential subdivision that is partially developed on the north side. A rail line is
located to the west and the interchange would serve as the primary access to the airport for those traveling from the north.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-764, 06/03; APPLICANT: William Craig for William Canady
REQUEST: R-15 Residential to O&I Office and Institutional
BRIEF SUMMARY:
The petitioner is requesting a rezoning from R-15 residential to O&I Office and Institutional. The subject property is
located on the west side of Market Street and is a corner lot with approximately 150 feet of frontage on Market Street and
approximately 260 feet of frontage on Sweetwater Drive. The Property on the southern corner of this intersection was
rezoned O&I Office and Institutional in 1989 and is used as an office for an exterminating company. In addition to the
adjacent Office and Institutional district, there are a variety of commercial districts in close proximity. To the north there is a
B-2 Highway Business District which was recently purchased by the Hospital; to the east across Market Street there is an I-
1 Light Industrial District which has a variety of retail and office type uses, and to the south there is a large vacant B-2
District and several small conditional use districts.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The applicant presented his request. No one spoke in support or opposition to the request. The Planning Board discussed
Staff?s recommendation to expand the O&I district to include the parcel to the north. Given the proximity to the houses to
the west on Sweetwater Drive one member of the Board thought the subject site and the adjacent parcel would be more
suitable for a Conditional Use rezoning. After further discussion the Board voted 5-1 to recommend Approval as
petitioned. (Including the right of way of Sweetwater Drive)
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
dm
Z-764 Sum.Z-764 Pet Su
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
CASE: Z-764, 06/03; APPLICANT: William Craig for William Canady
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REQUEST: R-15 Residential to O&I Office and Institutional
ACREAGE: 0.88 Acres
LOCATION: 8000 block of Market Street in the northwest corner of the intersection of Sweetwater Drive
LAND CLASS: Urban Transition ? The purpose of the Urban Transition class is to provide for future intensive
urban development on lands that have been or will be provided with necessary urban services. The location of
these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public
service delivery.
Residential development can exceed 2.5 units per acre within the Urban Transition area provided the
development is adequately designed to be compatible with existing and proposed surrounding land uses and is
served by: City or County Sewer or private package treatment systems that meet the most stringent State
requirements, Municipal or County Water or a private water system constructed in accordance with City of
Wilmington standards, Direct access to a minor arterial or larger access road.
PLANNING BOARD RECOMMENDATION 6/5/03:
The applicant presented his request. No one spoke in support or opposition to the request. The Planning Board
discussed Staff?s recommendation to expand the O&I district to include the parcel to the north. Given the proximity to the
houses to the west on Sweetwater Drive one member of the Board thought the subject site and the adjacent parcel would be
more suitable for a Conditional Use rezoning. After further discussion the Board voted 5-1 to recommend Approval as
petitioned. (Including the right of way of Sweetwater Drive)
STAFF SUMMARY:
The petitioner is requesting a rezoning from R-15 residential to O&I Office and Institutional. The subject property is
located on the west side of Market Street and is a corner lot with approximately 150 feet of frontage on Market Street and
approximately 260 feet of frontage on Sweetwater Drive. The Property on the southern corner of this intersection was
rezoned O&I Office and Institutional in 1989 and is used as an office for an exterminating company. In addition to the
adjacent Office and Institutional district there are a variety of commercial districts in close proximity. To the north there is a
B-2 Highway Business District which was recently purchased by the Hospital, to the East across Market Street there is an I-1
Light Industrial District which has a variety of retail and office type uses and to the South there is a large vacant B-2 District
and several small conditional use districts.
The property is classified by the Comprehensive Plan as Urban Transition. The purpose of the Urban Transition
Classification is to provide for future intensive urban development on lands that have or will have adequate public facilities.
Water and sewer service is nearby. Adjoining residential and commercial properties are either developed or scheduled for
development in the near future. The 2001 Average Daily Traffic Count by NCDOT shows that there are approximately
34,000 existing trips on Market Street just south of the subject property. Development on this property will likely require a
driveway permit from NCDOT, which could result in improvements to the intersection of Sweetwater Drive and Market
Street. The O&I district classification does not preclude residential uses and is typically used as a transition between more
intensive land uses and residential subdivisions. The proposed rezoning would provide a good transition to nearby
commercial zoning districts and the residential units to the rear. The request appears to be consistent with the comprehensive
Staff recommends approval
plan. of the request and recommends that the Board consider including the adjacent
property to the north in the O&I District Classification as well.
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Case: Z-764, 06/03
Petition Summary Data
Owner/Petitioner: William Craig for William Canady
Existing Land Use: Residential
Zoning History: July 6, 1971 (Area 5)
Land Classification: Transition
Water Type: County Water nearby
Sewer Type: County Sewer nearby
Recreation Area: Ogden Park
Access & Traffic Volume: 34,000 Mkt. Street @ Bayshore (2001 ADT)
Fire District: Ogden
Watershed & Water Quality Classification: Island Creek or Smith Creek C(SW)
Aquifer Recharge Area: Primary Recharge Area
Conservation/Historic/Archaeologic Resources: None
Soils: Leon
Septic Suitability: Class III (Severe Limitations)
Schools: Blair Elementary
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-766, 06/03; APPLICANT: Design Solutions for Allen Masterson
REQUEST: R-15 Residential to B-1 Neighborhood Business
BRIEF SUMMARY:
The petitioner is requesting to add approximately 150 feet of depth to an existing B-1 Neighborhood Business District to
expand an existing business. The subject property is located south of Rosa Parks Lane behind the Discount House and
M&M Plumbing. Zoning in the area was established in 1971 and the frontage of the subject property was rezoned B-1
Neighborhood Business in 1982. The property is adjacent to a vacant lot on Rosa Parks Lane. Other zoning activity in the
area include the approval of a 1997 special use permit for the Autumn Care nursing and personal care facility which is
south of the subject property and several expansions to the B-2 Highway business district to the south which occurred in
1999 and 2001.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Cindee Wolf presented the request on behalf of her client Mr. Masterson. Ms. Wolf stated that the applicant would like to
expand his existing Home Supply Store. The proposed rezoning area would provide sufficient room to expand the business
and not significantly intrude into the nearby neighborhood. Two people from the adjacent neighborhood presented concerns
about some of the existing noise generated from the business. After some discussion about the noise, setbacks, and
buffering the Planning Board voted 5-0 to recommend Approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-766 Sum.dZ-766 Pet Sum
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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CASE: Z-766, 06/03; APPLICANT: Design Solutions for Allen Masterson
REQUEST: R-15 Residential to B-1 Neighborhood Business
ACREAGE: 1.03 Acres
LOCATION: 5713 Carolina Beach Road south of Rosa Parks Lane behind The Discount House
LAND CLASS: Resource Protection ? The purpose of the Resource Protection class is to provide for the
preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource
Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized
counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection
from urban land uses. . . .
PLANNING BOARD RECOMMENDATION 6/5/03:
Cindee Wolf presented the request on behalf of her client Mr. Masterson. Ms. Wolf stated that the
applicant would like to expand his existing Home Supply Store. The proposed rezoning area would provide
sufficient room to expand the business and not significantly intrude into the nearby neighborhood. Two people
from the adjacent neighborhood presented concerns about some of the existing noise generated from the
business. After some discussion about the noise, setbacks, and buffering the Planning Board voted 5-0 to
recommend Approval.
STAFF SUMMARY:
The petitioner is requesting to add approximately 150 feet of depth to an existing B-1 Neighborhood Business
District to expand an existing business. The subject property is located south of Rosa Parks Lane behind the Discount House
and M&M Plumbing. Zoning in the area was established in 1971 and the frontage of the subject property was rezoned B-1
Neighborhood Business in 1982. The property is adjacent to a vacant lot on Rosa Parks Lane. Other zoning activity in the
area include the approval of a 1997 special use permit for the Autumn Care nursing and personal care facility which is south
of the subject property and several expansions to the B-2 Highway business district to the south which occurred in 1999 and
2001.
The property is classified as Resource Protection by the New Hanover County Comprehensive Plan and is within the
Urban services boundary. No conservation resources regulated by the County Zoning Ordinance exist on site. The resource
protection classification does not preclude commercial development.
Staff has confidence that the setback and buffering requirements of the ordinance will provide adequate protection
for the nearby residents on Rosa Parks Lane. Commercial development on the property will also be subject to the State and
County storm water management requirements. Staff Recommends Approval.
38
Case: Z-766, 06/03
Petition Summary Data
Owner/Petitioner: Design Solutions for Allen Masterson
Existing Land Use: Vacant
Zoning History: April 7, 1971 (Area 4)
Land Classification: Resource Protection
Water Type: Private
Sewer Type: Private
Recreation Area: Veterans Park
Access & Traffic Volume: 35,000 @ Monkey Junction (2001 ADT)
Fire District: Myrtle Grove
Watershed & Water Quality Classification: Everetts Creek
Aquifer Recharge Area: Primary Recharge Area
Conservation/Historic/Archaeologic Resources: None
Soils: Leon & Murville
Septic Suitability: Class III (Severe Limitations)
Schools: Bellamy Elementary
39
40
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-767, 06/03; APPLICANT: Design Solutions for Masterson
REQUEST: R-15 Residential To B-1 Neighborhood Business
BRIEF SUMMARY:
The subject property is located on the west side of Carolina Beach Road south of Cathay Road. The property and the
surrounding area was originally zoned R-15 Residential in 1971 with commercial zoning concentrated at the Golden Road
intersection to the south. Since that time there have been a variety of rezoning petitions. In the mid to late 1980?s several
rezoning requests were denied for the properties abutting Monterey Heights. However in the mid 1990?s commercial zoning
began to creep along the front of Monterey Heights through a series of special use permits and conditional use zoning
petitions. The result of these approvals has left the subject property surrounded by a conditional use commercial district to
the north, a large childcare center for 112 children to the south, and an historic commercial gift shop directly across from
the property.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Cindee Wolf presented the request on behalf of her client Mr. Masterson. Ms. Wolf stated that the proposed rezoning is a
logical addition to the adjacent B-1 district. No one spoke in support or opposition to the request. The Planning Board
voted 4-1 to recommend approval as requested.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-767 Sum.dZ-767 Pet Sum
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
41
CASE: Z-767, 06/03; APPLICANT: Design Solutions for Masterson
REQUEST: R-15 Residential To B-1 Neighborhood Business
ACREAGE: 1.71 Acres
LOCATION: 6314 Carolina Beach Rd. on the west side south of Cathay Road.
LAND CLASS: Limited Transition ? The purpose of the Limited Transition class is to provide for development in areas
that will have some services, but at lower densities than those associated with Urban Transition.
Residential density should be no more than 2.5 units/acre, with lower density being more desirable. The use of
clustering and planned unit Developments (PUD) is encouraged.
These areas were previously designated as Transition and were intended to provide for more intensive future
urban development. However, the provision of public services has been scaled back and less intensive urban
development is planned
PLANNING BOARD RECOMMENDATION 6/5/03:
Cindee Wolf presented the request on behalf of her client Mr. Masterson. Ms. Wolf stated that the proposed rezoning
is a logical addition to the adjacent B-1 district. No one spoke in support or opposition to the request. The Planning Board
voted 4-1 to recommend approval as requested.
STAFF SUMMARY:
The subject property is located on the west side of Carolina Beach Road south of Cathay Road. The property and the
surrounding area was originally zoned R-15 Residential in 1971 with commercial zoning concentrated at the Golden Road
intersection to the south. Since that time there have been a variety of rezoning petitions. In the mid to late 1980?s several
rezoning requests were denied for the properties abutting Monterey Heights, however in the mid 1990?s commercial zoning
began to creep along the front of Monterey Heights through a series of special use permits and conditional use zoning
petitions. The result of these approvals has left the subject property surrounded by a conditional use commercial district to
the north, a large child daycare for 112 children to the south, and an historic commercial gift shop directly across from the
property. The benefit of the conditional use districts and the special use permits is that the site plan review process allowed
for additional protection of the Monterey Heights residents to the west. The commercial buildings along this stretch are
setback from the residential lots more than 150 feet with an additional 20 foot buffer along the rear property line. Staff is
confident that the minimum setback and buffering requirements provide sufficient protection for nearby residents, however,
in order to further mitigate the potential impact on the residents Staff recommends rezoning the property O&I Office
and Institutional to provide a better north south transition and a better transition of uses abutting the residential
subdivision.
42
Case: Z-767, 06/03
Petition Summary Data
Owner/Petitioner: Design Solutions for Allen Masterson
Existing Land Use: Vacant
Zoning History: April 7, 1971 (Area 4)
Land Classification: Limited Transition
Water Type: County Water nearby
Sewer Type: County Sewer nearby
Recreation Area: Veterans Park
Access & Traffic Volume: 35,000 @ Monkey Junction (2001 ADT)
Fire District: Myrtle Grove
Watershed & Water Quality Classification: Lords Creek C(SW)
Aquifer Recharge Area: Shallow water table sand aquifer
Conservation/Historic/Archaeologic Resources: None
Soils: Kureb & Borrow Pit
Septic Suitability: Class I (Suitable) & Not Classified
Schools: Bellamy Elementary
43
44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.4Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Dexter Hayes
Item Does Not Require Review
SUBJECT:
Case A-329, 06/03 Applicant: Wilmington International Airport
BRIEF SUMMARY:
Request by Wilmington International Airport to revise several sections of the Airport Height Zoning Ordinance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Julie Wilsey from the Airport reviewed the proposed changes to the Airport Zoning Ordinance. No one spoke in support or
in opposition. The Planning Board voted 5-0 to Recommend Approval of the revisions.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
port Height New 0603
A-329 Air
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
45
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49
50
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54
55
56
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58
59
60
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.5Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: A-326, 04/03
BRIEF SUMMARY:
At the February 17, 2003 Board of Commissioners Meeting a surveyor and attorney presented comments regarding some
of the language and definitions in the Subdivision Ordinance. The Planning Staff has prepared a summary list of those
questions and comments along with the staff?s response and recommendations.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 6/5/03: The Planning Board voted 5-0 to recommend approval of the 9
changes recommended by Staff. The Board commented that the proposed changes seemed to be logical clean up items for
the ordinance.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
A-326 Amendments 06
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
61
62
63
64
65
66
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 5.6Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Case: SC-79, 02/03
Request to Close a Portion of Five Acre Road
BRIEF SUMMARY:
Web Trask, on behalf of the School Board, has petitioned the County to close an approximate 285.85 foot segment of Five
Acre Road located near the 6500 block of Murrayville Road. (Map Book 38, Page 324) In accordance with N.C.G.S. 153A-
241, the Board of Commissioners adopted a Resolution of Intent to close the road segment on April 7, 2003. A site map
depicting the segment of road to be closed is attached along with an illustration of the proposed Murrayville Road
Elementary School site and aerial photo.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Based on a broader view of the area, between Murrayville Road and north to The By-Pass, staff continues to be concerned
that if the road segment is closed, access options for adjoining landowners, along with future divisions of adjacent
properties abutting Murrayville Road will become more difficult as additional traffic is generated. Additional demands will be
placed on the proposed school site and existing street network. Knowing the uncertain time table of future land
development and road designs for the surrounding properties along with the realization that leaving the road in its current
state will not jeopardize the construction or access to the school campus, Planning staff recommends that the Five Acre
Road segment remain open.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
SC-79.do
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS: Decision Delayed Pending Review and Advisory Opinion by the Planning
Board
67
Request: Close Portion of Five Acre Road (SC - 79, 02/03)
Petitioner: Webster Trask
Location: North of the 6500 Block Murrayville Road
General Comments
Web Trask on behalf of the School Board has petitioned the County to close an approximate 285.85 foot segment of Five Acre
Road located near the 6500 block of Murrayville Road. (Map Book 38, Page 324) In accordance with N.C.G.S. 153A-241, the
Board of Commissioners adopted a Resolution of Intent to close the road segment on April 7, 2003. A site map depicting the
segment of road to be closed is attached along with an illustration of the proposed Murrayville Road Elementary School site
and aerial photo is attached.
Staff Observations
As depicted on the attached site map displaying adjoining land owners, this segment of Five Acre Road consists of an
unimproved 30 foot right of way. Several of these lots currently have access through an unnamed road to the east. Other
properties have direct access off Murrayville Road or Five Acre Road. County Engineering staff on reviewing the road closing
proposal indicates that utility and drainage easements will not be needed. Alternative access options for the adjoining
landowners as well as acreage tracts north of parcel 5 (proposed school site) need to be considered. Future subdivisions of
adjacent properties abutting Murrayville Road will also result in additional road connections and access improvements to allow
better service delivery & emergency response. A narrative by Attorney Snow outlining why a portion of Five Acre Road should
be closed is attached.
Staff Recommendation
The proposed Murrayville Road Elementary School site layout provides adequate ingress and egress through a proposed 60
foot access and utility easement from Murrayville Road to and through the school campus. An agreement with the Department
of Transportation (NCDOT) indicates that the 60 foot easement will be dedicated in the future as a public road right of way.
Improvements to Murrayville Road may be required by NCDOT.
Based on a broader view of the area, (between Murrayville Road and north to The By-Pass), staff continues to be concerned
that if the road segment is closed, access options for adjoining landowners, along with future divisions of adjacent properties
abutting Murrayville Road will become more difficult as additional traffic is generated. Additional demands will be placed on
the proposed school site and existing street network. Knowing the uncertain time table of future land development and road
designs for the surrounding properties along with the realization that leaving the road in its current state will not jeopardize
the construction or access to the school campus, Planning staff recommends that the Five Acre Road segment remain open.
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74
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 6Estimated Time:Page Number:
Department: Planning Presenter: Ken Dull, Planning Board Chairman
Contact: Dexter Hayes
Item Does Not Require Review
SUBJECT:
Site Plan Review for Large Capital Projects
BRIEF SUMMARY:
The Planning Board at their May meeting discussed the need to establish a coordinated review process for larger capital
projects being constructed by the County and other public agencies. This is especially critical in the preparation of site
plans that result in new traffic needs and service demands that have area--wide impacts. Currently, various Boards and
agencies pursue many projects such as Schools, Fire Stations, Libraries, and Park Facilities independently without
undergoing a comprehensive review. The Planning Board feels that the creation of a more formalized review process for
long range planning would benefit everyone in the County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends that the Board of Commissioners establish a process for reviewing and approving site
plans for Capital projects that are publicly funded. If the Board concurs that a process be developed, the Board may direct
the County Manager and his staff to do so.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
pital Pro
Site Plan Review Ca
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
75
76
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Regular Item #: 7Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie Harrell
Contact: Lucie Harrell
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed for the following Boards and Committees:
ABC Board ?
Ballentine; Chairman - Zearfoss
Adult Care Home Community Advisory Committee ?
Foley, Caulder
Airlie Gardens Foundation Board of Directors-
Zimmer, Ayers, Owen
Airport Authority ?
Burton, Stovall
Cape Fear Community College Board of Trustees ?
Rose
Cape Fear Museum Board of Trustees ?
Continued (8/4/03)
Inspections Department Advisory Council ?
O?Shields, Andrew, Williams, Powers
Jury Commission ?
Caporale
New Hanover Regional Medical Center Board of Trustees -
Prouty
Nursing Home Community Advisory Committee ?
Edwards, Duran
Parks and Recreation Advisory Board ?
Freeman, Suttle
Planning Board ?
Conologue, Frank Smith, Robinson
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information Sheets and Applications are provided as a separate handout.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
As noted above.
77
78
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page
No.
1. Non-Agenda Items (limit 3 minutes)
2. Approval of Minutes 81
3. Consideration of Request for Participation in Oversizing Wastewater Pump 83
Station
79
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80
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve the minutes of the Regular Meeting held on June 16, 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
81
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82
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Water & Sewer Item #: 3Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Wyatt E. Blanchard
Contact: Wyatt E. Blanchard
SUBJECT:
Request for Participation in Oversizing Wastewater Pump Station
BRIEF SUMMARY:
Staff has received a request from Tripp Engineering, on behalf of his client, for participation by the District in the oversizing of a
sewer pump station on Holly Shelter Road near the intersection of Blue Clay Road. The initial purpose of the pump station is to
serve a proposed development called Interstate Business Park planned at the intersection of Blue Clay and Holly Shelter Road
(see attached map). The pump station will be located in a manner to allow it serve a much larger area in the future. The
existing planned sewer construction schedule indicates construction in this area after the year 2020.
Participation by the District would require the pump station to be increased in size from six feet to eight feet in diameter and
would required an additional depth of nine feet. The District would participate in the oversizing and additional depth of the
concrete structure only. The developer will pay all costs associated with a smaller concrete structure and all equipment.
The total estimated cost for the pump station is in excess of $150,000. The District's share for oversizing would be $60,000. As
indicated, this is a pump station for the future, which the District must eventually build.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the District participate in the cost of the proposed pump station in the amount of $60,000. In addition,
please approve the associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Fund Balance - Water and Sewer District Fund
ATTACHMENTS:
B.A.#04-0001
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS: APPROVED
83
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Budget Amendment
DEPARTMENT: Water & Sewer
BUDGET AMENDMENT #: 04-0001
ADJUSTMENT DEBIT CREDIT
Approp Fund Balance $60,000
Capital Project Expense $60,000
EXPLANATION: For participation in construction of oversizing of a line for a waste treatment pump station.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
84
85
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86
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 89
2. Ratification of Appointments to Membership on the Wilmington/New Hanover 91
County Transportation Agency
3. Approval of Request to Submit Grant Application and Local Governmental 93
Resolution to the North Carolina Governor?s Highway Safety Program for a Law
Enforcement Liaison (LEL) Reimbursement Grant
4. Approval of Donation of a 1995 Chevrolet Caprice to Cape Fear Community 97
College to Be Used Exclusively for the Law Enforcement Training Program
5. Approval of Disposal of Surplus Computer Equipment Through Sale to IBM 101
Credit LLC Pursuant to G.S. 106A-267
6. Approval of Request to Submit Grant Application to the N. C. Department of 103
Insurance, Office of State Fire Marshall
7. Approval of Property Transfer 105
8. Review of New Hanover Schools Budget Amendment 107
Approval of Budget Amendments:
9.1 #04-0002 109
9.2 #2004-01 111
9.3 #2004-02 113
9.4 #2004-03 115
87
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88
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consent Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve the following sets of minutes:
Regular Meeting, June 16, 2003
Closed Session, June 16, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
89
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90
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 2Estimated Time:Page Number:
Department: Transportation Presenter: Patricia A. Melvin, Christine McNamee
Contact: Patricia A. Melvin
Item Does Not Require Review
SUBJECT:
Ratification of Appointments to Membership on the Wilmington/New Hanover County
Transportation Agency
BRIEF SUMMARY:
At its June 16, 2003 meeting, the Board of County Commissioners voted to approve the Interlocal Agreement to merge the
New Hanover Transportation Services (NHTS) and the Wilmington Transit Authority. As a provision of that agreement, the
Commissioners appoint members to the new Wilmington/New Hanover County Transportation Agency. There are four(4)
regular positions available at this time.
Because of the commitment of its members and the need for continuity as we work through the merger process, the NHTS
Advisory Board voted, at its meeting on June 17, 2003, to recommend that the Board of Commissioners appoint the
following persons to the board of the new agency:
A County Commissioner
Robert Ronne, Disabled
Christine McNamee, Chair
William Bryden, +60
Barbara Chestnut Kane (alternate)- Human Relations
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The New Hanover Transportation Advisory Board requests that the Board of County Commissioners ratify appointments to
the transportation merger board, as recommended. In addition, it is requested that Barbara Chestnut Kane fill any
additional regular membership position incurred by the County on the board of the Wilmington/New Hanover County
Transportation Agency.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend ratification.
COMMISSIONERS' ACTIONS/COMMENTS: APPROVED. COMMISSIONER APPOINTEE WILL BE COMMISSIONER
PRITCHETT
91
92
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 3Estimated Time:Page Number:
Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey
SUBJECT:
Request to Submit Grant Application and Local Governmental Resolution to the North Carolina
Governor's Highway Safety Program for a Law Enforcement Liaison (LEL) Reimbursement
Grant
BRIEF SUMMARY:
Under the previous system used by the Governor's Highway Safety Program, one individual was responsible for
communicating with 100 county coordinators. This was a major weakness in the Governor's "Click It or Ticket" and "Booze
IT and Lose IT" initiatives.
Now, the state is divided into nine regions and has a regional Law Enforcement Liaison Officer that communicates with the
county coordinators in his/her region. The objectives are to increase communication through a more individual approach,
have monthly meetings with various coordinators, and increase participation at checkpoints throughout the nine regions.
The Law Enforcement Liaison Officers attend checkpoints throughout their region and assist county coordinators with the
checkpoint tasks.
In return for participating in the regional plan by designating a Law Enforcement Liaison Officer, the Sheriff's Office is
eligible to apply for a Law Enforcement Liaison (LEL) reimbursement grant for equipment and in-state travel funds.
The local governmental resolution authorizes an application in the form prescribed by the Governor's Highway Safety
Program for federal funding in the amount of $10,000 with no local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval for the Sheriff's Office to submit grant application and local governmental resolution to the
Governor's Highway Safety Program for a Law Enforcement Liaison (LEL) Reimbursement Grant. Additionally, recommend
approval of associated budget amendment if grant is awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Total grant project cost is $10,000 (100 percent federal funding, no local match requirement). The funding
breakdown is $5,000 equipment and $5,000 in-state travel.
ATTACHMENTS:
Local Governmental Resolution
A copy of the complete grant application is available in the County Manager's Office for review.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
93
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
94
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96
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 4Estimated Time:Page Number:
Department: Finance Presenter:
Contact: Amy Akin
SUBJECT:
Approval of Donation of a 1995 Chevrolet Caprice to Cape Fear Community College to Be Used
Exclusively for the Law Enforcement Training Program
BRIEF SUMMARY:
In March 1995, the Sheriff's Office purchased the 1995 Chevrolet Caprice, serial number 1B1GL52P2SR136516, to be
used as a patrol vehicle. The vehicle has excessive mileage, has been wrecked and repaired several times, is not
appropriate to be used on a daily basis as a patrol vehicle in the Sheriff's Office and is considered surplus to be removed
from service.
Cape Fear Community College provides law enforcement training including driving education for law enforcement officers
and is in need of a vehicle for the program. Therefore, the Sheriff is requesting approval to donate the vehicle to Cape
Fear Community College with the understanding that the vehicle shall be used exclusively for the law enforcement training
program at Cape Fear Community College. In addition, upon disposal of the vehicle by Cape Fear Community College,
the proceeds shall be utilized in the law enforcement training program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution:
1. donating the 1995 Chevrolet Caprice, serial number 1B1GL52P2SR136516, to Cape Fear Community College
2. the full and fair consideration for the value of the vehicles is the assurance by Cape Fear Community College
that the vehicle shall be used exclusively for the law enforcement training program
3. upon disposal of the vehicle by Cape Fear Community College the proceeds shall be utilized in the law
enforcement training program
4. County staff is directed to process any required documents to consummate the transaction.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: There will not be any funds expended or received by this transaction.
ATTACHMENTS:
e
resolution for donation of v
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
97
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
98
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Sheriffs Office purchased a 1995 Chevrolet Caprice, serial number
=
1B1GL52P2SR136516, Fixed Asset number 012650, in March 1995 to be used as a patrol vehicle;
AND WHEREAS, the vehicle has excessive mileage, has been wrecked and repaired several times, is not
appropriate to be used on a daily basis as a patrol vehicle in the Sheriffs Office, and is considered surplus, to be
=
removed from service;
AND WHEREAS, Cape Fear Community College provides law enforcement training including driving and is
in need of a vehicle for the program;
AND WHEREAS, the Sheriffs Office is requesting approval to donate the vehicle to Cape Fear Community
=
College pursuant to General Statute 160A-274 with the understanding that the vehicle shall be used exclusively for
the law enforcement training program at Cape Fear Community College and upon disposal of the vehicle by Cape
Fear Community College, the proceeds shall be utilized in the law enforcement training program;
AND WHEREAS, the full and fair consideration for the value of the vehicle is the assurance by Cape Fear
Community College that the vehicle shall be used exclusively for the law enforcement training program and upon
disposal of the vehicle by Cape Fear Community College, the proceeds shall be utilized in the law enforcement
training program;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County
that the 1995 Chevrolet Caprice, serial number 1B1GL52P2SR136516, Fixed Asset number 012650 be donated to
Cape Fear Community College with the the full and fair consideration for the value of the vehicle is the assurance by
Cape Fear Community College that the vehicle shall be used exclusively for the law enforcement training program
and upon disposal of the vehicle by Cape Fear Community College the proceeds shall be utilized in the law
enforcement training program;
AND BE IT FURTHER RESOLVED that the County staff is directed to process any required documents to
consummate the transaction.
This 7th day of July, 2003.
(SEAL)
_______________________________________
Chairman, Board of County Commissioners
ATTEST:
_________________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 5Estimated Time:Page Number:
Department: Finance Presenter:
Contact: Amy Akin, Purchasing Agent
SUBJECT:
Disposal of Surplus Computer Equipment Through Sale to IBM Credit LLC Pursuant to G.S.
160A-267
BRIEF SUMMARY:
At the Board of Commissioners meeting on March 24, 2003, the Board approved the upgrade of the computer network at
the Department of Social Services. This resulted in a large quantity of computer equipment that is obsolete and must be
disposed of. The most efficient method to dispose of a large group of computers is through a sale to one vendor. IBM
Credit LLC has offered $8,100 net amount. IBM LLC will package the units and handle the transportation; it is a turn-key
sale. The items being sold are 192 IBM 6862-EJJ desktop units, 50 IBM 6861-UQN desktop units, and 235 IBM 6546-
QAN monitors.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution approving sale of the 192 IBM 6862-EJJ desktop units, 50 IBM 6861-UQN desktop units, and 235 IBM
6546-QAN monitors to IBM Credit LLC pursuant to G.S. 160A-267 in the amount of $8,100 with IBM Credit LLC responsible
for packaging the units and handling the transportation of the units.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Sale pursuant to G.S. 160A-267. No funds are being expended. Revenue will be received in the amount of
$8,100.
ATTACHMENTS:
resolution for sale of surplusc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, an automation upgrade of the computer network was approved by the Board of Commissioners
at the March 24, 2003 Board of Commissioners meeting;
AND WHEREAS, the automation upgrade of the computer network resulted in the existing computers being
replaced and becoming surplus items;
AND WHEREAS, the most cost effective disposal method is to sell the existing lot of computers to one
vendor, and as part of the sale to require the vendor to itemize, package, remove and transport the items off County
property;
AND WHEREAS, the County has negotiated a selling price with IBM Credit, LLC for the surplus equipment
consisting of one hundred ninety-two (192) IBM 6862-EJJ desktop units, fifty (50) IBM 6862-UQN desktop units,
and two hundred thirty-nine (239) 6546-QAN IBM monitors; and as part of the sale, IBM Credit, LLC will be
responsible for itemizing, packaging, removing and transporting the items off County property for a net amount of
eight thousand one hundred ($8,100.00) dollars;
AND WHEREAS, the Information Technology Director, the Finance Director and the County Manager
recommend disposing of the existing computer equipment by private sale pursuant to G.S. 160A-267;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County
that the surplus equipment consisting of one hundred ninety-two (192) IBM 6862-EJJ desktop units, fifty (50) IBM
6862-UQN desktop units, and two hundred thirty-nine (239) IBM 6546-QAN monitors be sold by private sale
pursuant to G.S. 160A-267 in a net amount of eight thousand one hundred ($8,100.00) dollars; as part of the sale,
IBM Credit, LLC will be responsible for itemizing, packaging, removing and transporting the items off County
property; and County staff is authorized and directed to execute necessary documents and perform all necessary
functions associated with this transaction.
This 7th day of July, 2003.
(SEAL)
_______________________________________
Chairman, Board of County Commissioners
ATTEST:
_________________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 6Estimated Time:Page Number:
Department: Health Presenter: Geoff Zuckerman, Coordinator
Contact: Geoff Zuckerman, Coordinator
Item Does Not Require Review
SUBJECT:
Authorization for the Health Department to Submit a Grant Application to NC Department of
Insurance - Office of State Fire Marshall
BRIEF SUMMARY:
Grant Application: Risk Watch Program - Office of State Fire Marshall, NC Department of Insurance $10,000
RECOMMENDED MOTION AND REQUESTED ACTIONS:
For Approval
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Authorize submission of grant.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 7Estimated Time:Page Number:
Department: Airlie Presenter: Thomas Herrera-Mishler
Contact: Thomas Herrera-Mishler
SUBJECT:
Property Transfer
BRIEF SUMMARY:
Corbett Package Company is donating the parcel of land at the corner of Oleander & Airlie Road to the county in exchange
of the cost of legal fees associated with the title work, not to exceed $6,000. This property will provide a strategic location
for the Airlie Gardens signage in the future.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the donation of property and allow Airlie Gardens to pay the legal fees out of their 2003-2004 budget.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Accept as recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Consent Item #: 8Estimated Time:Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
Item Does Not Require Review
SUBJECT:
New Hanover Schools Budget Amendment
BRIEF SUMMARY:
On June 10, 2003, The New Hanover County Board of Education approved a Capital Outlay Budget Transfer that included
cumulative year to date transfers between projects exceeding $50,000. Project savings were transferred to Indoor Air
Quality Allowance.
Amendment is presented for information purposes only.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
No action is necessary. Amendment is presented for information purposes only.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
No action necessary. For your information only.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Budget Amendment
Consent Item #: 9.1Estimated Time:Page Number:
DEPARTMENT: Sheriff's Office / Administration
BUDGET AMENDMENT #: 04-0002
ADJUSTMENT DEBIT CREDIT
Other $1,100
Safe Summer Camp $1,100
EXPLANATION: To budget contributions received for the Safe Summer Camp.
ADDITIONAL INFORMATION: The Safe Summer Camp is a week long camp that takes place during the summer
and open to all fifth graders in the New Hanover County Schools that have graduated from the Drug Abuse
Resistance Education (D.A.R.E.) program during the school year. The School Resource Officers and volunteers
provide staff for the camp, which will be run for three separate weeks this year.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Budget Amendment
Consent Item #: 9.2Estimated Time:Page Number:
DEPARTMENT: Jail Capital Project
BUDGET AMENDMENT #: 2004-01
ADJUSTMENT DEBIT CREDIT
Sales Tax Refund $407,000
Interest on Investments $745,000
USMS Grant $1,060,000
Extended Project Expense $2,212,000
EXPLANATION: To budget revenues received, but not budgeted.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Budget Amendment
Consent Item #: 9.3Estimated Time:Page Number:
DEPARTMENT: Federal Forfeited Property
BUDGET AMENDMENT #: 2004-02
ADJUSTMENT DEBIT CREDIT
Federally Forfeited Property $31,778
Capital Project Expense $31,778
EXPLANATION: To increase budget for additional revenue received on June 11, 2003. Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Budget Amendment
Consent Item #: 9.4Estimated Time:Page Number:
DEPARTMENT: Controlled Substance Abuse Tax
BUDGET AMENDMENT #: 2004-03
ADJUSTMENT DEBIT CREDIT
Controlled Substance Tax $4,000
Capital Project Expense $4,000
EXPLANATION: To increase budget for additional revenue received on June 6, 2003. Controlled Substance Tax
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Additional Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
SUBJECT:
North Carolina Association of County Commissioners Interlocal Agreement
BRIEF SUMMARY:
The North Carolina Association of County Commissioners Board of Trustees has revised the Interlocal Agreement each
county enters into when joining the Association's insurance programs. The Interlocal Agreements have not been revised
since originally adopted when the pools were organized.
Changes have been made to have the Agreement follow the format of by-laws, policy wording and duplicate language
removed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of revised agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
APPROVED
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124
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 07/07/03
Additional Item #: 2Estimated Time:Page Number:
Department: County Attorney Presenter: Wanda Copley
Contact: Wanda Copley
SUBJECT:
Resolution for Hospital Matter
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
CapeFearHospital&NHRMCResolution-J
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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RESOLUTION OF CONTINUED SUPPORT OF THE ACQUISITION OF CAPE FEAR MEMORIAL HOSPITAL BY NEW
HANOVER REGIONAL MEDICAL CENTER
WHEREAS, by resolution dated August 18, 1998, the New Hanover County Board of Commissioners unanimously supported the
acquisition of Cape Fear Memorial Hospital by New Hanover Regional Medical Center;
WHEREAS, a true and correct copy of the August 18, 1998 resolution is attached hereto;
WHEREAS, in the August 18, 1998 resolution, the New Hanover County Board of Commissioners made certain findings in support
of the acquisition of Cape Fear Memorial Hospital by New Hanover Regional Medical Center;
WHEREAS, the findings made by the New Hanover County Board of Commissioners in the August 18, 1998 resolution remain
valid today;
WHEREAS, New Hanover Regional Medical Center acquired Cape Fear Memorial Hospital from Columbia/HCA on November 1,
1998;
WHEREAS, by a deed recorded in New Hanover County on November 2, 1998, New Hanover Regional Medical Center conveyed
the title to Cape Fear Memorial Hospital to New Hanover County, North Carolina;
WHEREAS, Cape Fear Memorial Hospital is owned by New Hanover County, North Carolina;
WHEREAS, as a result of the acquisition, Cape Fear Memorial Hospital became a public hospital, like New Hanover Regional
Medical Center, that is available to all citizens of New Hanover County, regardless of their ability to pay;
WHEREAS, there is one Board of Trustees governing New Hanover Regional Medical Center and Cape Fear Memorial Hospital,
the majority of which Board is appointed by the New Hanover County Board of Commissioners, and which Board includes a New Hanover
County Commissioner as a voting member of the Board of Trustees;
WHEREAS, on February 18, 1999, New Hanover County, North Carolina issued $122,395, 000 in hospital revenue bonds (the
?1999 bonds?) in order to finance the acquisition of Cape Fear Memorial Hospital;
WHEREAS, New Hanover County, North Carolina is obligated to repay the 1999 bonds;
WHEREAS, the revenues of both New Hanover Regional Medical Center and Cape Fear Memorial Hospital are pledged to secure
payment of the 1999 bonds;
WHEREAS, New Hanover County?s ability to repay the 1999 bonds may be jeopardized if it is forced to sell Cape Fear Memorial
Hospital;
WHEREAS, New Hanover County today enjoys a favorable bond rating, which enables it to borrow money for projects needed by
New Hanover County at lower interest rates;
WHEREAS, New Hanover County?s ability to access the bond market for future projects needed by New Hanover County and to
borrow money at lower interest rates will be adversely impacted if New Hanover County?s ability to repay the 1999 bonds is jeopardized;
WHEREAS, significant clinical and operational consolidation between New Hanover Regional Medical Center and Cape Fear
Memorial Hospital has occurred since November 1, 1998;
WHEREAS, significant operational and capital cost savings have been realized through the consolidation of New Hanover
Regional Medical Center and Cape Fear Memorial Hospital;
WHEREAS, New Hanover Regional Medical Center and Cape Fear Memorial Hospital are no longer two separate and distinct
hospitals, but instead have been integrated into a single hospital consisting of two campuses;
WHEREAS, the New Hanover County Board of Commissioners believes that the continued consolidation of New Hanover Regional
Medical Center and Cape Fear Memorial Hospital is beneficial to the citizens of New Hanover County;
WHEREAS, the New Hanover County Board of Commissioners believe that a forced divestiture of Cape Fear Memorial Hospital
would be harmful to the citizens of New Hanover County, and harmful to the financial welfare of New Hanover County;
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WHEREAS, only New Hanover County has the authority to sell Cape Fear Memorial Hospital;
WHEREAS, New Hanover County must be a party to any sale of Cape Fear Memorial Hospital; and
WHEREAS, New Hanover County does not wish to sell Cape Fear Memorial Hospital in a forced divestiture.
NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners unanimously re-affirms its
support of the acquisition of Cape Fear memorial Hospital by New Hanover Regional Medical Center.
This the 7th day of July, 2003.
NEW HANOVER COUNTY
________________________
Ted Davis, Jr., Chairman
Attest to:
_____________________
Clerk to the Board
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