2010-02-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,FEBRUARY 1,2010 PAGE 747
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 2010,
at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.:
Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr., County Attorney°
Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell.
Chairman Thompson called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Mark Powell, Saint Andrew's On The Sound Episcopal Church,gave the invocation.
Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Thompson asked if any member of the Board would like to remove any item from the Consent
Agenda.
Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent
Agenda as presented.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the
Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Regular Session meeting held on January 19,2010
Budget Work Session held on January 19,2010
Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax
Department
The Commissioners accepted the following Tax Collection Reports as of December 31,2009.
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXXIII,Page 3.1.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
10-030-Library
10-145 - Social Services
10-146- Social Services
10-148- Sheriffs Office
10-149-Budget
10-151 -Health
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book VIII,Page 3.2.
REGULAR ITEMS OF BUSINESS
ADOPTION OF RESOLUTION HONORING MAJOR GENERAL JOSEPH A.MCNEIL
Vice-Chairman Barfield presented the request for the Board's consideration to recognize Major General
Joseph A. McNeil. On February 1, 1960, Joseph McNeil and three other A&T University students made a choice to
seek service at a Woolworth's lunch counter in Greensboro,NC. Their action was a catalyst for the civil rights sit-in
movement. Joseph McNeil continued to serve his country in the United States Air Force,retiring in 2001 as a Major
General. Today is the fiftieth anniversary of Major General McNeil's courageous action which was instrumental in
the civil rights movement.
Vice-Chairman Barfield read the resolution into the record and moved for adoption.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,FEBRUARY 1,2010 PAGE 748
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution
honoring Major General Joseph A.McNeil. Upon vote,the MOTION CARRIED UNANIMOUSLY.
On behalf of Major General McNeil, his cousin and his wife, Henry and Jean McNeil, were present to
accept the resolution and thanked the Board.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 3.3.
ADOPTION OF RESOLUTION HONORING HANNAH SOLOMAN BLOCK
Commissioner Davis presented the request for the Board's consideration to recognize Hannah Soloman
Block reporting that Mrs. Block was a local civic leader for more than four decades, and an inspiration to many in
the lower Cape Fear area. She was a friend of the arts,history and culture of New Hanover County. Mrs. Block died
November 13, 2009 at the age of 96. She will be long remembered for her spirit of service to others.
Commissioner Davis read the resolution into the record and moved for adoption.
Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield,to adopt the resolution honoring
Hannah Soloman Block. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Mrs.Block's son,Frank,and his wife Wendy,were present to accept the resolution and thanked the Board.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 3.4.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY MALCOLM DEAN
JOHNSON, ON BEHALF OF MALCOLM L. AND SHIRLEY S. JOHNSON, TO ALLOW A
RESIDENTIAL USE WITHIN A B-1 COMMERCIAL ZONING DISTRICT LOCATED AT 2723 CASTLE
HAYNE ROAD (5-598,1/10)
Chairman Thompson opened the Public Hearing and announced that the special use process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested
all persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Jane Daughtridge
Chris O'Keefe
Malcolm Dean Johnson
O.K.Pridgen
Planning and Zoning Manager Jane Daughtridge presented the request by Malcolm Dean Johnson, on
behalf of Malcolm L. and Shirley S. Johnson, for a Special Use Permit to allow a residential apartment over a
beauty salon within a B-1 Commercial Zoning District located at 2723 Castle Hayne Road and presented a slide
overview of the request. Mr. Johnson has changed the lower level into a beauty salon,which is a permitted use in a
B-1 zoning district and in order to legitimize the separate residential apartment above the salon,a special use permit
is needed.
Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that
at the Planning Board meeting on January 7, 2010 meeting, they voted unanimously to recommend approval of the
special use permit based on positive findings of fact as presented with no added conditions. No one spoke in
opposition to the item. Staff also supports the request.
Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the
request.
Attorney O.K. Pridgen presented the Petitioner's request stating that he was available to answer Board
questions.
In response to Board questions,Attorney Pridgen stated that the Petitioners agree with the Findings of Facts
as presented by staff.
Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from
the Board.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by
Malcom Dean Johnson for a special use permit to locate a residential apartment over a beauty salon within a B-1
Commercial Zoning District located at 2723 Castle Hayne Road based on the evidence presented and the findings of
facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed
according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the
Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,FEBRUARY 1,2010 PAGE 749
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP
Book IV,Page 31.1.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY WITHERS &
RAVENEL, ON BEHALF OF GORDON ROAD DEVELOPMENT PARTNERS, TO ALLOW A HIGH
DENSITY 23 SINGLE-FAMILY RESIDENTIAL LOT DEVELOPMENT TO BE LOCATED AT 6469
GORDON ROAD IN A R-15 RESIDENTIAL ZONING DISTRICT(5-599,1/10)
Chairman Thompson opened the Public Hearing and announced that the special use process requires a
quasi-judicial hearing, therefore, the Clerk to the Board must swear in any person wishing to testify. He requested
all persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Jane Daughtridge
Chris O'Keefe
Cindee Wolf
Garry Pape
Adam Sosne
Roland Banks
Planning and Zoning Manager Jane Daughtridge presented the request by Withers&Ravenel, on behalf of
Gordon Road Development Partners,for a Special Use Permit to allow a high density 23 single-family residential lot
development to be located at 6469 Gordon Road in an R-15 Residential Zoning District and presented a slide
overview of the request. The current zoning allows the Petitioner,by right,to build fifteen single-family homes but
is requesting an additional eight units.
At the Planning Board meeting held on January 7, 2010, three adjacent property owners from the
Farrington Farms subdivision expressed concern that the proposal has the potential to exacerbate existing traffic and
stormwater problems. The property owners were also concerned that the proposed stormwater ponds pose safety
concerns if not fenced and would reduce their property value if not buffered sufficiently with natural vegetation.
One letter of opposition from an adjacent property owner was also received expressing similar concerns, as well as
concern about the developer's use of the drainage easement to satisfy the Open Space requirement in the ordinance.
Planning and Inspections Director Chris O'Keefe read the findings of facts into the record stating that staff
feels that the preliminary findings are generally positive with the exception of the negative finding on Gordon
Road's traffic volume exceeding the capacity of the roadway. There are future plans for widening of Gordon Road
between I-40 and Wood Sorrell Road. The widened roadway will include two travel lanes and a two-way left-turn
lane but even with the improvements the Metropolitan Planning Organization reports that the Level of Service will
remain at a Level F. Staff has contacted the New Hanover County Schools System with a response from Assistant
Superintendent for Planning, Technology, and Operations Bill Hance stating that any further development will
further exasperate the traffic problems. Due to the concerns raised, the Planning Board voted 4-3 to recommend
denial of the special use permit based on current traffic volumes,which exceed the design capacity of Gordon Road.
Chairman Thompson asked if anyone from the public wished to speak in favor of the request.
Adam Sosne, Petitioner, introduced Cindee Wolf, with Withers & Ravenel, and requested Ms. Wolf to
make the presentation on their behalf.
Cindee Wolf, with Withers&Ravenel and on behalf of the Petitioner,presented an overview of the project
stating that by-right fifteen residential lots can be developed without any rezoning. The special use permit request is
to allow the development of eight additional units for a total of twenty-three single-family home lots. Minimum lot
size is 6000 square feet and construction of three-bedroom residences is assumed with recreation areas. NCDOT
has confirmed that the roadway project widening Gordon Road to three lanes is funded with the contract being
awarded in January 2011 and construction to begin in March 2011. The traffic impact with the additional eight units
is negligible with the Petitioner not seeking maximum density. The proposed project is in harmony with the general
area and the Petitioner agrees with the suggested conditions.
In response to Board questions concerning traffic counts, Ms. Wolf clarified that the additional eight units
would generate approximately 77 additional trips per day and approximately 20 additional peak hour trips per day.
Chairman Thompson asked if anyone from the public wished to speak in opposition to the request.
Roland Banks,resident of Farrington Farms subdivision, stated that he is not in favor of the additional eight
units voicing his concern with the volume of traffic on Gordon Road and on-going drainage and stormwater
problems. He spoke in favor of fencing surrounding the retention pond and the vegetative buffer.
Chairman Thompson asked for rebuttal comments.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,FEBRUARY 1,2010 PAGE 750
In rebuttal comments,Ms. Wolf clarified that Farrington Farms has a history of stormwater problems. The
current stormwater regulations will resolve some of the older issues as well as the proposed project is downstream
from Farrington Farms and will not exasperate their drainage problems. The Petitioner is willing to add the
condition that if the special use permit is granted the additional eight units will not be developed until after Gordon
Road has been widened between Market Street and I-40.
There being no further comments, Chairman Thompson closed the Public Hearing and requested direction
from the Board.
Vice-Chairman Barfield and Commissioner Caster agreed that the condition offered by the Petitioner to
delay the development of the additional eight units until the Gordon Road roadway improvements were completed
from Market Street to I-40 made the project more agreeable since the Petitioner, by-right, can proceed with
developing the fifteen units.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the request by
Withers & Ravenel, on behalf of Gordon Road Development Partners, to allow a high density 23 single-family
residential lot development to be located at 6469 Gordon Road in an R-15 Residential Zoning District based on the
evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public
health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all
required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County with the following
conditions: 1)a minimum five foot high security fence around the sides and back of the stormwater pond adjacent to
the Farrington Farms subdivision; 2)a ten foot buffer yard consisting of existing vegetation along the security fence
to the property line; and 3)any units above the (by-right)allotted fifteen cannot be built or improved upon until the
Gordon Road roadway improvements are completed from Market Street to I-40. Upon vote, the MOTION
CARRIED 3 TO 2. Commissioners Greer and Davis voted in opposition.
A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP
Book IV,Page 31.2.
ADOPTION OF RESOLUTION TO ABANDON FROM STATE MAINTENANCE A PORTION OF
TERMINAL ROAD SOUTH
Principal Development Planner Sam Burgess reported that Terminal Road Property,LCC has petitioned the
North Carolina Department of Transportation to abandon State maintenance of a portion of Terminal Road South
(SR 2134) and presented a slide overview of the request. In accordance with NCGS 136-63,NCDOT requires that
the Board of County Commissioners adopt a road resolution prior to considering abandonment of any State
maintained road. The portion of Terminal Road South proposed to be abandoned from State maintenance is
approximately 1,343 feet north from the intersection of Parsley Street and US Highway 421 North, east side of US
Highway 421 North. The segment of road to be abandoned is approximately 277 feet in length and contains a 100-
foot right-of-way.
Terminal Road Properties,LLC have indicated that their property has become a haven for illegally dumped
trash since the road is rarely used by vehicular traffic. To minimize this risk,the Petitioner is considering erecting a
gate at the southern entrance to their property.
Staff is requesting the Board consider adopting the resolution to abandon a portion of Terminal Road and
direct staff to forward it to the North Carolina Department of Transportation for their consideration.
After a brief discussion Chairman Thompson requested direction from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution requesting
the North Carolina Board of Transportation consider abandoning State maintenance of a portion of Terminal Road
South(SR 2134)in favor of private maintenance of that segment as presented. Upon vote,the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 3.5.
ACCEPTANCE OF FINAL REPORT OF FIRE SERVICE DISTRICT MASTER PLAN AND DIRECTION
TO STAFF
Emergency Services Consulting International representative Kent Greene presented the final report of the
Fire Service District Master Plan and evaluation of findings. The purpose of the study was to review and analyze
current deployment and practices of fire department resources within unincorporated New Hanover County, and to
assess future needs specific to resource deployment and staffing based on development throughout the area. The fire
protection services are provided throughout the County by New Hanover County Fire Services, Castle Hayne
Volunteer Fire and Rescue,Federal Point Volunteer Fire Department,Myrtle Grove Volunteer Fire Department, and
Wrightsboro Volunteer Fire and Rescue. Each agency was evaluated individually during the course of the study as
well as in aggregate form.
The following three strategies were developed for future deployment of resources, independent of any
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,FEBRUARY 1,2010 PAGE 751
further cooperative effort between New Hanover County and the remaining four volunteer fire departments:
• Strategy A: Current Deployment Modified Performance Measure
• Strategy B: Additional Stations in North and South Side Areas
• Strategy C: Tiered Response Time
In regards to enhanced cooperative efforts, there are four basic strategies available, beginning with a do-
nothing approach and ending with complete unification of the fire departments into New Hanover County Fire
Services as follows:
• Autonomy—continuing as separate organizations.
• Functional Consolidation— coming together in a functional manner such as through combined training to
improve efficiency and reduce redundancy between the organizations.
• Operational Consolidation — coming together to form a single organizational structure while preserving
individual and separate governing bodies.
• Legal Unification — dissolution of one or more of the existing organizations in favor of forming a new
consolidated agency.
Findings and recommendations:
• The fire departments serving New Hanover County are interdependent
• The fire departments value customer service
• The fire departments meet the public's service expectation
• Volunteers play a critical role in the provision of fire protection to New Hanover County
• Other organizations should be considered in any partnership initiatives
• New Hanover County is geographically diverse and unique
• New Hanover County is politically diverse
• Policymakers should work with the fire departments to develop a plan to implement partnership
opportunities
• Many opportunities exist to save cost
• Operational consolidation of the fire departments into a single special organization is feasible
• All other cooperative opportunities are feasible
In closing, Mr. Greene stated that he hoped New Hanover County will promptly and systematically
implement as many of the feasible cooperative opportunities as possible.
After brief discussion Chairman Thompson requested direction from the Board.
In response to Board questions, County Manager Shell clarified that the Board is being requested to accept
the Fire Service District Master Plan and direct staff to evaluate the recommendations and bring back a
recommendation to the Board for future consideration.
Chairman Thompson stated that as the Commissioner Representative on the Fire Services Board, public
input will be solicited and assessed before a recommendation is brought before the Board for consideration.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to accept the Fire Service District
Master Plan as presented and to direct staff to evaluate the recommendations and bring back a recommendation to
the Board for consideration. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A complete copy of the Fire Service District Master Plan is available for review in the Fire Services
Department.
NON-AGENDA ITEMS
Chairman Thompson announced that time had been reserved to allow the public to present an item that was
not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
Kayne Darrell, Citizens Against Titan, spoke in opposition to the location of Titan Cement in the Castle
Hayne area citing air and water quality concerns. She presented the Board with a petition of approximately 5,700
names and requested the Board adopt resolutions asking Governor Perdue to direct the North Carolina Department
of Environment and Natural Resources not to issue any permits until the courts rule whether State Environmental
Policy Act (SEPA) applies and until the North Carolina State Bureau of Investigation has completed its
investigation.
Lloyd Smith, co—founder of the Cape Fear Economic Development Council, spoke on the need to hold
projects coming to New Hanover County to the highest environmental standards and not award tax incentives until
after the appropriate permits are in place. He requested the Board request Governor Perdue to make sure that SEPA
is applied to the Titan project and,as appropriate,apply SEPA to all future projects receiving tax incentives.
Kim Shovlin, Citizens Against Titan, spoke in opposition to the location of Titan Cement in New Hanover
County citing health, air and water quality concerns also stating that the project may have a negative impact on
tourism. She asked the Board to request DENR not to issue any permits until the courts decide whether SEPA
applies.
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REGULAR MEETING,FEBRUARY 1,2010 PAGE 752
Buck O'Shields voiced his concern about the Board's decision to delay moving forward with New Hanover
County's environmental management program and encouraged the Board to solicit public input before such
decisions are made. He also encouraged the Board to fund WASTEC so that it can operate at more than the current
34%efficiency for the current fiscal year.
Dr. David Hill stated that he is an Executive Committee member of the North Carolina Pediatric Society
reporting that they have taken an official stand against the Titan Cement plant location due to the impact on
children's health caused by the negative impact to water and air quality. He urged the Board take the cost into
account.
Joel Bourne voiced his concern about the impact the location of Titan Cement will have on air and water
quality requesting the Board contact the Governor and request that the State Bureau of Investigation complete their
investigation before any permits are issued. He also requested the Board revoke the tax incentive for Titan.
ADDITIONAL AGENDA ITEMS
TIME WARNER CABLE CHANNEL CHANGES
Public Information Officer Mark Boyer reported that Time Warner Cable has recently removed channel 4
from viewing and that they are in the process of changing the format of that channel. The County does not have any
jurisdiction over these changes. It is the understanding of staff that local churches that have previously used this
channel at no charge will be charged going forward. The County will continue to only broadcast on Time Warner
Cable channel 13.
ADOPTION OF RESOLUTION OPPOSING ANY ACTION THAT IMPACTS LOCAL GOVERNMENTS'
ABILITY TO LEVY TAXES ON ROOMS THAT ARE MARKETED THROUGH ONLINE TRAVEL
COMPANIES
Commissioner Greer reported that the United States Senate is considering language in its "jobs" bill to
exempt online travel companies from collecting local occupancy taxes, potentially leading to eliminating all room
occupancy taxes on room rental bookings. For New Hanover County, the loss of Room Occupancy Tax funds will
potentially impact beach renourishment and tourism advertising and marketing.
Commissioner Greer read the resolution into the record and moved for adoption.
Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to adopt the resolution opposing
any action that impacts local governments' ability to levy taxes on rooms that are marketed through online travel
companies. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 3.6.
ADJOURNMENT
There being no further business, Chairman Thompson adjourned the meeting at 8:16 p.m.
Respectfully submitted,
Sheila.L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.