2010-11-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 74
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 15,
2010, at 2:00 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
Dr. Michael G. Queen,First Baptist Church,gave the invocation.
Commissioner Greer led the audience in the Pledge of Allegiance to the Flag.
ANNOUNCEMENT OF AGENDA ITEMS WITHDRAWN OR POSTPONED
Chairman Thompson announced the following agenda items had been withdrawn and/or postponed:
• Consent Agenda Item 6 - Approval of Revisions to New Hanover Countv Code, Animal Control
Services,Chapter Five: Animals has been withdrawn from the agenda for further review.
• Regular Agenda Item 23 — Public Hearing and Rezoning Request by Isabella Holding Companv to
Rezone 11.41 Acres of Property Located at 799 Rivage Promenade from R-10 and R-1-5 Residential
District to B-2 has been withdrawn by the Petitioner.
• Regular Agenda Item 26 — Public Hearing and Consideration of Subdivision Text Amendment has
been postponed until the Board's December 6,2010 meeting.
• Regular Agenda Item 27 — Public Hearing and Consideration of Zoning Text Amendment has been
postponed until the Board's December 6,2010 meeting.
APPROVAL OF CONSENT AGENDA
Chairman Thompson requested a motion to approve the remaining items on the Consent Agenda as
presented.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, 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 Regular Session meeting held on October 18, 2010 as
presented by the Clerk to the Board.
Approval of Letter of Support for Smart Start of New Hanover County's Application to the North Carolina
Child Care Resource and Referral Council, Division of Child Development, to Offer Comprehensive Child
Care Resource and Referral Services—County Manager
The Commissioners approved sending a letter of support for Smart Start of New Hanover County's
application to the North Carolina Child Care Resource and Referral Council,Division of Child Development for the
authority to offer comprehensive child care resource services.
Acknowledgement of Michael Rhoton Settlement—Legal Department
The Commissioners acknowledged that the Michael Rhoton versus New Hanover County Sheriff lawsuit
was resolved by a payment in the amount of$200,000 by the County's insurance company to Michael Rhoton.
A copy of the settlement agreement is available for review in the Legal Department.
Ratification of Contract with UNC-W Police Department for Provision of Dispatch and Emergency
Communication Functions and Adoption of Budget Ordinance Amendment 11-070 — Emergency
Management
The Commissioners ratified the three-year contract between UNC-W Police Department and New Hanover
County's Public Safety Communications Center for provision of 24-hour dispatch and emergency communications
services and adopted Budget Ordinance Amendment 11-070. Payment to New Hanover County will be based on
current wages for three full-time entry-level telecommunicators. Future contract increases will be tied directly to the
merit,market,and/or benefit increases to the personnel providing the contracted service.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book VIII,Page 22.1. A copy of the contract is available for review in the Legal Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 15,2010 PAGE 75
Approval of Capital Project Ordinance for Qualified School Construction Bonds and Adoption of Budget
Ordinance Amendment 2011-21—Finance Department
The Commissioners approved the Capital Project Ordinance for Qualified School Construction Bonds in
the amount of$4,925,744 and adopted Budget Ordinance Amendment 2011-21. The funds will be used to finance
the critical facility needs projects that have been identified by the New Hanover County Board of Education.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIII,Page 22.2.
Approval of Personnel Policy Revisions—Human Resources
The Commissioners approved the following revisions to the Personnel Policy:
• Article 2: The Position Classification Plan—Section 2.3 -Reclassified to Higher/Lower Pay Grade
• Article 3: The Pay Plan—Section 3.8-Establishing Pay Rates
• Article 3: The Pay Plan — Section 3.8.5 - Establishing Pay Rates Involuntarily And Voluntary
Demotions
• Article 5: Separation,Reemployment—Section 5.1.3 -Reduction-in-Force(RIF)
• Article 6: Conditions of Employment—Section 6.2.3 - Social Media Policy
• Article 7: Leave Policies—Section 7.1.4-Holiday Leave-Effect of Other Paid Leave
• Article 8: Performance,Discipline—Section 8.2.2-Failure in Performance of Duties
• Article 9: Appeals and Grievances—Section 9.2.1-Grievance Policy
• Article 11: Personnel Records and Reports—Section 11.1 -Access to Personnel Records
A copy of the New Hanover County Personnel Policy is available for review on the Human Resource
Department website.
Acceptance of Funding from the Department of Health and Human Services for the Growing Readers and
Raising a Reader Programs and Adoption of Budget Ordinance Amendment 11-058—Library
The Commissioners accepted additional funding on behalf of the Library from the Department of Health
and Human Services and adopted Budget Ordinance Amendment 11-058. The funds will be used for the Growing
Readers and Raising a Reader programs to change three existing temporary positions to one full-time regular
position and two part-time regular positions, including materials. No local match is required and the positions will
be eliminated when the grant funding ends.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIII,Page 22.3.
Approval of Museum Deaccessions-Cape Fear Museum
The Commissioners approved the deaccession list of items from the Museum's permanent collection as
recommended by the Curator,Director, Collections Committee, and Museum Advisory Board.
A copy of the deacession list is available for review at the Cape Fear Museum.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
11-085 -Parks, Gardens& Senior Resource Center/Planning&Inspections
11-092-Health
11-098-Health
11-105 -Health
11-103 - Social Services
11-095 - Sheriffs Office
11-102- Sheriffs Office
2011-22- Sheriffs Office
2011-23 - Sheriffs Office
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIII,Page 22.4.
REGULAR ITEMS OF BUSINESS
ADOPTION OF RESOLUTION RECOGNIZING THE 235TH BIRTHDAY OF THE UNITED STATES
MARINE CORPS
Chairman Thompson presented the request for the Board to adopt the resolution recognizing the 235th
birthday of the United States Marine Corps.
Chairman Thompson read the resolution into the record and requested a motion for adoption.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 15,2010 PAGE 76
Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
recognizing the 235th birthday of the United States Marine Corps. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIII,Page 22.5.
VIDEO TRIBUTE TO COMMISSIONERS CASTER AND GREER
A video tribute to Commissioners Caster and Greer honoring their service to New Hanover County was
presented. Commissioners Caster and Greer will be retiring from the New Hanover County Board of
Commissioners on December 6,2010.
ADOPTION OF RESOLUTION RECOGNIZING BRENDA TUCKER FOR HER YEARS OF SERVICE
AS THE NEW HANOVER COUNTY CLERK OF SUPERIOR COURT
Commissioner Davis presented a resolution for the Board's consideration recognizing Brenda Tucker for
her twenty years of service as the New Hanover County Clerk of Superior Court and read the resolution into the
record and moved for adoption.
Ms. Tucker was in attendance to receive the resolution.
Motion: Commissioner Davis MOVED, SECONDED by Commissioner Greer,to adopt the resolution recognizing
Brenda Tucker for her years of service as the New Hanover County Clerk of Superior Court. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIII,Page 22.6.
RECOGNITION OF MUSEUM REACCREDITATION AND AWARD OF EXCELLENCE FOR LAND OF
THE LONGLEAF PINE EXHIBIT
Cape Fear Museum Director Ruth Haas reported that the Cape Fear Museum of History and Science has
been granted reaccreditation by the American Association of Museums recognizing the museum's commitment to
excellence and professional standards of operation. The Museum is now accredited through 2023.
Director Haas also reported that at the Southeastern Museums Conference Exhibition Competition the
Museum's exhibit, Land of the Longleaf Pine, was presented with the Award of Excellence in the over $100,000
budget category.
ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 20, 2010 AS USS GRAVELY DAY IN
NEWHANOVER COUNTY
Chairman Thompson presented the request for the Board's consideration to adopt the proclamation
recognizing November 20, 2010 as USS Gravely Day in New Hanover County. The USS Gravely will be
commissioned on Saturday,November 20, 2010 at the Port.
Vice-Chairman Barfield read the resolution into the record and requested a motion for adoption.
USS Gravely Commissioning Committee Co-Chairs Louise McColl and Captain Dave Scheu and Captain
Douglas Kurtzman were present to receive the proclamation.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
recognizing November 20, 2010 as USS GRAVELY Day in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIII,Page 22.7.
ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2010 AS ADOPTION AWARENESS
MONTHINNEWHANOVER COUNTY
Chairman Thompson presented the request for the Board's consideration to adopt the proclamation
declaring November 2010 as Adoption Awareness Month in New Hanover County.
Commissioner Caster read the proclamation into the record and moved for approval.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to adopt the proclamation
declaring November 2010 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 22.8.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 77
NEW HANOVER COUNTY BOARD OF ELECTIONS PRESENTATION ON THE NOVEMBER 2010
ELECTION
On behalf of the New Hanover County Board of Elections, Chairman Tommy Guinn apologized for the
errors that voters encountered during the recent election. In addressing concerns,Mr. Guinn reported that the Board
of Elections has reviewed current procedures and has implemented changes in the standard operating procedures.
Checks and balances have been implemented to ensure that in the future the correct ballots will be issued to the
proper precinct. He assured the audience that the errors did not alter the results of the elections. The Board is fully
cooperating with the investigation being conducted by the North Carolina State Board of Elections and will follow
any recommended suggestions and report back to the Board of Commissioners.
Chairman Thompson reported that the New Hanover County Board of Elections falls under the jurisdiction
of the North Carolina State Board of Elections, not the New Hanover County Board of Commissioners and thanked
Mr. Guinn for the update.
In response to Board questions, Elections Director Bonnie Williams reported that State law would need to
be changed to require photo ID before voting. She also reported that the calibration issues experienced at one-stop
voting were addressed immediately assuring that voters are given time to review their ballots for accuracy before
casting their vote and clarified that staff does receive sensitivity training.
Representative Carolyn Justice reported that she has co-sponsored a Bill for many years requiring photo ID
before being allowed to vote, and it remains one of her priorities. She thanked Mr. Guinn, the NHC Board of
Elections, and staff for taking responsibility for the problems and errors that were encountered by voters and for
sharing the changes that are being implemented. She also expressed her appreciation to the precinct workers.
ADOPTION OF AIRLIE GARDENS PRESERVATION EASEMENT
Commissioner Davis requested Attorney Copley counsel him on whether he should recuse himself due to a
possible conflict of interest because he sits on the Airlie Foundation Board as the Board of Commissioners'
representative as well as on the Board of Commissioners.
Attorney Copley advised Commissioner Davis that the Board has appointed him as their voting
representative on the Airlie Foundation Board and he has a right to vote on the preservation easement issue stating
that there is no legal reason he should recuse himself.
Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's
consideration to adopt a preservation easement recognizing the architectural, historic, and cultural values and
significance of Airlie Gardens with the common purpose of conserving and preserving Airlie Gardens.
The proposed preservation easement is a legal agreement between New Hanover County and Airlie
Gardens Foundation limiting the activities that can take place on the property. The easement is recorded into the
official record or assigned to the deed for the property and is perpetual in binding future buyers of the land as well as
the owner who entered into the agreement. The goal of the easement program is to help preserve the historic nature
of the property, prevent development, and preserve the heritage of the area enhancing the management of the
grounds and preserving its activities.
Mr. McDaniel confirmed that in response to Board direction, the easement has been revised to delete any
reference to a specific maintenance standard and wording has been added that by a three-fifths vote of the Board,
following public notice and a public hearing, the preservation easement can be removed, revoked, terminated, or
cancelled in its entirety.
After brief discussion, the consensus of the Board is to direct staff to modify the easement verbiage as
follows:
PURPOSE
1. Purpose. It is the Purpose of the Easement to assure that architectural, historic and cultural features
of the Property will be retained and maintained substapAdally in thei. etwent OF be eF ^ fid ^^ for
preservation purposes and to prevent any use or change of the Property that will significantly and
materially impair or interfere with the use of the property as a public garden and all other related
activities of a historic landscape garden.
Chairman Thompson requested direction from the Board.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to adopt the Airlie Gardens
Preservation Easement with the verbiage changes presented and as noted. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the preservation easement is available for review in the Legal Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 78
UPDATE ON LANDFILL LEACHATE
Commissioner-Elect Rick Catlin presented an update to the Board concerning funds that were approved at
the Board's October 18, 2010 meeting for costs incurred due to Tropical Storm Nicole for pumping and hauling
leachate at the Landfill.
Since that meeting Commissioner-Elect Catlin, accompanied by County staff, have met with State officials
to negotiate a more cost-efficient alternative to pump-and-haul by adding additional aerators to the landfill's
wastewater treatment facility which is a more permanent solution. The agreement allows the County to avoid the
$600,000+ pump-and-haul operation. A budget ordinance amendment with the exact costs will be placed on a
future agenda for the Board's consideration to replace Budget Ordinance Amendment 11-089.
BREAK
Chairman Thompson called for a break from 3:30 p.m.until 3:40 p.m.
APPROVAL OF CONTRACT WITH LAND MANAGEMENT GROUP FOR BIOLOGICAL
MONITORING OF THE MASON INLET RELOCATION PROJECT
County Engineer Jim Iannucci presented the request for the Board's consideration to renew the contract
with Land Management Group for the continued biological monitoring of the Mason Inlet Relocation Project. This
is year nine of the project. Land Management Group, Inc. has submitted a proposal in the amount of$20,200 which
is a decrease of 11%from the Year 8 contract. The cost will be repaid through assessment of the benefiting property
owners.
Staff recommends the Board award the contract to Land Management Group in the amount of$20,200 for
the continued biological monitoring of the Mason Inlet Project, and authorize the Chairman to execute the contract.
There are sufficient funds available in the Mason Inlet Project budget to cover the cost of the contract.
Chairman Thompson requested direction from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve contracting with Land
Management Group for the continued biological monitoring of the Mason Inlet Relocation Project in the amount of
$20,200 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is available for review in the Legal Department.
APPROVAL OF CONTRACT WITH AUDUBON NORTH CAROLINA FOR MASON INLET
WATERBIRD HABITAT MANAGEMENT PLAN
County Engineer Jim Iannucci presented the request for the Board's consideration for contract renewal with
Audubon North Carolina for the Mason Inlet Waterbird Habitat Management Plan for 2010 (Year 9)to meet permit
requirements of the Mason Inlet Relocation Project in an amount not to exceed$19,760.31.
Audubon North Carolina has successfully implemented the management component of the Mason Inlet
Waterbird Habitat Management Plan since 2003. The nesting of waterbirds and shorebirds has increased
dramatically, and habitat for waterbirds and shorebirds was restored.
The proposed contract concerns the 2010 (Year 9) monitoring and management of the Wrightsville Beach
component of the Mason Inlet Waterbird Habitat Management Plan. The contract is for a not to exceed amount of
$19,760.31,which is a reduction in the amount of$5,156.19 from last year through extensive efforts by Audubon to
utilize volunteers.
Staff recommends that this contract be renewed for continued monitoring and management of waterbird
habitat on the northern end of Wrightsville Beach in an amount not to exceed $19,760.31 and authorization for the
Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project budget.
Chairman Thompson requested direction from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve renewing the contract
with Audubon North Carolina for the 2010 Mason Inlet Waterbird Habitat Management Plan to meet permit
requirements of the Mason Inlet Relocation Project in an amount not to exceed$19,760.31 as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is available for review in the Legal Department.
ADOPTION OF SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND
SALE OF HOSPITAL REVENUE REFUNDING BONDS
Chairman Thompson reported that the Board must consider and take action on a series resolution
authorizing and approving the issuance and sale of not exceeding $100,000,000 aggregate principal amount of the
County of New Hanover hospital revenue refunding bonds for the purpose of providing funds to currently refund the
County's outstanding hospital revenue bonds, ratifying the preliminary official statement, a seventh amendment to
the lease agreement and the bond purchase agreement.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 79
Before the Board are the aforementioned documents pertaining to the New Hanover Regional Medical
Center Revenue Bond Refunding:
• Whereas, the County owns New Hanover Regional Medical Center, a public general acute-care hospital
facility, and
• Whereas,the Board of Commissioners adopted a Bond Order on October 6, 1993;and
• Whereas, under the Bond Order and pursuant to a Series Resolution adopted by the Board on February 5,
1999, the County issued its $122,395,000 Hospital Revenue Bonds, of which $98,105,000 remains
outstanding:and
• Whereas, the County has deemed it advisable to adopt this Series Resolution and to issue its Hospital
Revenue Refunding Bonds for the purpose of providing funds to currently refund all of the outstanding
Series 1999 Bonds and pay certain expenses of issuing the Series 2010 Bonds;and
• Whereas,the County has determined that the issuance is in the best interest of the County.
• Now, therefore be it resolved, that the Series Resolution, the Preliminary Official Statement, the Seventh
Amendment to the Lease Agreement, and the Bond Purchase Agreement are approved, ratified, and
adopted.
Chairman Thompson requested a motion to approve,ratify, and adopt the documents as presented.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to adopt the series resolution
authorizing and approving the issuance and sale of not exceeding $100,000,000 aggregate principal amount of the
County of New Hanover hospital revenue refunding bonds as presented. Upon vote, THE MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book
XXXIII,Page 22.9.
PUBLIC HEARING AND APPROVAL OF 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
SCATTERED SITE HOUSING PROGRAM APPLICATION
Community Development Planner Wanda Coston reported that in order to comply with the terms and
conditions set forth in the Community Development Block Grant Scattered Site Housing program application
requirements,the County must conduct a second public hearing to solicit public input prior to the submission of the
2010 Scattered Site Housing program application to the North Carolina Department of Commerce, Division of
Community Assistance. The$400,000 Scattered Site Housing program grant will enable the County to provide two
replacement homes and rehabilitate three houses for five very low-income homeowners.
Chairman Thompson opened the Public Hearing in accordance with Community Development Block Grant
program requirements to solicit citizen input prior to submission of the 2010 Scattered Site Housing program
application.
Hearing no comments, Chairman Thompson closed the Public Hearing.
Chairman Thompson requested a motion to approve submission of the 2010 Community Development
Block Grant Scattered Site Housing program application.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve submission of the
2010 Community Development Block Grant Scattered Site Housing program application. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the grant document is available for review in the Planning and Inspections Department.
PUBLIC HEARING AND APPROVAL OF REQUEST BY THOMAS NUZIO, ON BEHALF OF RIVER
BLUFFS DEVELOPMENT CORPORATION,TO MODIFY THE MASTER PLAN FOR AN EXISTING PD
PLANNED DEVELOPMENT BY REZONING 79.4 ACRES OF PROPERTY LOCATED AT THE WEST
END OF CHAIR ROAD FROM R-20 RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT
FOR A CONTINUING CARE RETIREMENT COMMUNITY(Z-880M,9/10)
Chairman Thompson opened the Public Hearing and requested staff to make the presentation.
Planning and Zoning Manager Jane Daughtridge reported that Thomas Nuzio, on behalf of River Bluffs
Development Corporation, is requesting to modify the Master Plan for an Existing PD Planned Development by
rezoning 79.4 acres of property located at the West End of Chair Road from R-20 Residential to PD Planned
Development District for a continuing care retirement community and presented a slide overview of the request.
This item was continued from the Board's October 4, 2010 meeting to allow time for the traffic review to
be completed,the recommendations to be received from the Metropolitan Planning Organization,and for corrections
to be made to errors that were discovered in the calculations concerning acreage and units.
The Traffic Impact Analysis approval letter from the Metropolitan Planning Organization, dated October
29,2010, outlines the following requirements to mitigate traffic impacts:
1. Provide 200 feet of storage on Rock Hill Road for the left turn onto Castle Hayne Road.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 15,2010 PAGE 80
2. Stripe 250 feet of Castle Hayne Road(NC Hwy 133)as a dedicated left turn lane at the Rock Hill Road
intersection.
3. When warranted, install traffic signals at two intersections (Castle Hayne Road at Chair Road and
Castle Hayne Road at Rock Hill Road).
4. Access to the state roads requires an NCDOT driveway permit. NCDOT will recommend widening
two feet along each side of Chair Road.
5. If changes are made to the site driveways as proposed, the Traffic Impact Analysis will need to be
revised.
The proposed modified Master Plan makes certain shifts in approved locations of densities and uses, and
shows an additional 207 units, consisting of a combination of single-family units and multi-family units, totaling
761 units for the Planned Development community. The additional acreage also provides thirty-five percent or
approximately 29.1 acres of supplementary recreational and open space. Staff recommends approval of the
amended Planned Development District.
Chairman Thompson asked if anyone from the public wished to speak in favor of the request.
In response to Board questions, on behalf of the Petitioner,Attorney Matt Nichols confirmed that they wish
to proceed with the request stating that the Metropolitan Planning Organization letter and recommendations are
acceptable to them.
In response to Board questions, Wilmington Metropolitan Planning Organization Associate Transportation
Planner Tara Murphy, confirmed that the letter by the Metropolitan Planning Organization has been issued.
Chairman Thompson reported that no one from the public signed up to speak in opposition to the request.
In response to Board questions on whether the Petitioner is planning on gating the community,Mr.Nichols
stated that this is an issue that will be addressed by the Technical Review Committee as the gate issue is not
addressed in the CAMA Land Use Plan. During the review process with the Technical Review Committee, other
issues such as interconnectivity and safety will be considered.
Commissioner Davis voiced his concern that a condition of the Planning Board's approval was that Chair
Road and Rock Hill Road must remain unobstructed by gates.
In response to Board questions and concerns about the community being gated, Planning Director O'Keefe
stated that staff feels the gate issue is best worked out at the Technical Review Committee level where safety
concerns and issues will be addressed with all the appropriate stakeholders. Staff does not have a basis for a gate
recommendation as the subject is not included in the Land Use Plan.
Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from
the Board.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the request by Thomas
Nuzio, on behalf of River Bluffs Development Corporation, to modify the Master Plan for an Existing PD Planned
Development by rezoning 79.4 acres of property located at the West End of Chair Road from R-20 Residential to
PD Planned Development District for a continuing care retirement community finding that the request is: 1)
consistent with the purposes and intent of the Resource Protection classification on the 2006 CAMA Land Use Plan
Land Classification Map and goals outlined in the 1991Wrightsboro neighborhood plan; and 2) reasonable and in
the public interest to add 79.4 acres to an existing 237 acre Planned Development master plan at the western end of
Chair Road when all infrastructure connections and improvements are installed and other requirements are met.
After further discussion concerning whether to add a condition to the motion that Chair Road must remain
open and whether the community can be gated or not, Commissioner Caster withdrew his motion with the support of
Chairman Thompson to offer a new motion.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster,to approve the request by Thomas
Nuzio, on behalf of River Bluffs Development Corporation, to modify the Master Plan for an Existing PD Planned
Development by rezoning 79.4 acres of property located at the West End of Chair Road from R-20 Residential to
PD Planned Development District for a continuing care retirement community finding that the request is: 1)
consistent with the purposes and intent of the Resource Protection classification on the 2006 CAMA Land Use Plan
Land Classification Map and goals outlined in the 1991Wrightsboro neighborhood plan; and 2) reasonable and in
the public interest to add 79.4 acres to an existing 237 acre Planned Development master plan at the western end of
Chair Road when all infrastructure connections and improvements are installed and other requirements are met with
the condition that the Technical Review Committee will make the determination of whether the community, can or
cannot,be gated. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF THE CASTLE HAYNE AREA OF NEW 14ANOVER COUNTY,NORTH CAROLINA, ADOPTED ON
APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne
Section,Page 26.1.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 15,2010 PAGE 81
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY WITHERS & RAVENEL, ON
BEHALF OF SWARTZ PROPERTIES, TO REZONE APPROXIMATELY 0.35 ACRE OF PROPERTY
LOCATED AT 5946 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL AND B-2 COMMERCIAL
DISTRICT TO B-2 COMMERCIAL DISTRICT(Z-906,10/10)
Chairman Thompson opened the Public Hearing and requested staff to make the presentation.
Planner Nichole Dreibelbis reported that Cindee Wolfe with Withers & Ravenel, on behalf of Swartz
Properties, is requesting to rezone approximately 0.35 acre of property located at 5946 Carolina Beach Road from
R-15 Residential and B-2 Commercial District to B-2 Commercial District and presented a slide overview of the
request.
The subject property is currently split zoned R-15 medium density residential and B-2 highway business.
Zoning to the north of the subject property is zoned B-2 and conditional commercial zoning is present southwest of
the site.
Staff recommends approval of the continuation of the existing B-2 zoning. The Planning Board at their
October 7, 2010 meeting voted 5-0 to recommend approval of the B-2 rezoning request. No one from the public
spoke on this item.
Chairman Thompson asked if anyone from the public wished to speak in favor of the request.
Cindee Wolf, Withers&Ravenel, on behalf of Swartz Properties,reported that this is a housekeeping item
and represents a gap in the B-2 zoning; approval of the request will make the subject property's zoning consistent
with the surrounding commercial zoning.
Chairman Thompson asked if anyone from the public wished to speak in opposition to the request.
Hearing no 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
Withers &Ravenel, on behalf of Swartz Properties, to rezone approximately 0.35 acre of property located at 5946
Carolina Beach Road from R-15 Residential and B-2 Commercial District to B-2 Commercial District finding that
the request is: 1) consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to
commercial uses within close proximity to the markets they serve and ensuring that such commercial uses do not
diminish the quality of life in nearby residential areas; and 2) reasonable and in the public interest to rezone 0.35
acre at 5946 Carolina Beach Road from R-15 Residential and B-2 Highway Business to provide greater depth to
adjacent Commercial Districts and remove an area of split zoning. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 4 OF NEW 14ANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4,Page 88.
COMMITTEE APPOINTMENTS
Appointment to the Criminal Justice Partnership Advisory Board
Chairman Thompson reported that one vacancy exists on the Criminal Justice Partnership Advisory Board
with one application available for Board consideration.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to appoint Rufus Dale Huffman to
serve a three-year term on the Criminal Justice Partnership Advisory Board as a designee of the Wilmington Police
Chief with the term to expire on September 30,2013. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Appointment to the Juvenile Crime Prevention Council
Chairman Thompson reported that a vacancy exists on the Juvenile Crime Prevention Council with one
application available for Board consideration.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Noah W. Ponton to
serve a two-year term on the Juvenile Crime Prevention Council in the Under Age 18 category with the tern to
expire on September 30,2012. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Appointment to the Planning Board
Chairman Thompson reported that one vacancy for an unexpired term exists on the Planning Board with
ten applications available for consideration and requested nominations from the Board.
Vice-Chairman Barfield nominated Anthony Prinz for appointment. Chairman Thompson seconded the
nomination.
Commissioner Caster nominated Lisa Mesler for appointment. Commissioner Greer seconded the
nomination.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 82
Hearing no further nominations, Chairman Thompson called for a vote on the nominations.
Vote: The Board voted 3 to 2 to appoint Anthony Prinz to fill the unexpired term on the Planning Board with the
term to end on July 31, 2013. Chairman Thompson, Vice-Chairman Barfield and Commissioner Davis voted in
favor.
Appointment to the Tourism Development Authority
Chairman Thompson reported that a vacancy needs to be filled on the Tourism Development Authority
Board in the Carolina Beach Hotel Owner/Manager category with one application available for Board consideration
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to appoint James W. Pope to fill
the unexpired term on the Tourism Development Authority in the Carolina Beach Hotel Owner/Manager category
with the term to expire on December 31,2012. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Appointments to the Zoning Board of Adjustment
Chairman Thompson reported that four vacancies exist on the Zoning Board of Adjustment for two regular
members and two alternates. One applicant is eligible for reappointment and one alternate member is requesting
appointment as a regular member. Six applications have been received and he requested direction from the Board.
Chairman Thompson called for nominations in the regular member category
Commissioner Caster nominated Robert F. Cameron, Jr. for reappointment. Chairman Thompson seconded
the nomination.
Commissioner Caster nominated Peter M. DeVita for appointment. Chairman Thompson seconded the
nomination.
Vice-Chairman Barfield nominated Joe Miller for appointment. Commissioner Greer seconded the
nomination.
Hearing no further nominations in the regular member category, Chairman Thompson called for a vote on
the nominations.
Vote: The Board voted 4 to 1 to reappoint Robert F. Cameron, Jr. to serve a three-year term in the regular member
category on the Zoning Board of Adjustment with the term to end on December 1, 2013. Chairman Thompson and
Commissioners Caster,Davis,and Greer voted in favor.
Vote: The Board voted unanimously to appoint Peter M. DeVita to serve a three-year term in the regular member
category on the Zoning Board of Adjustment with the term to end on December 1,2013
Chairman Thompson called for nominations in the alternate member category.
Chairman Thompson nominated Joe Miller for appointment. Commissioner Caster seconded the
nomination.
Vice-Chairman Barfield nominated Chad McEwen for appointment. Chairman Thompson seconded the
nomination.
Commissioner Davis nominated O. Frank Roberts, Jr. for appointment. Commissioner Greer seconded the
nomination.
Hearing no further nominations in the alternate member category, Chairman Thompson called for a vote on
the nominations.
Vote: The Board voted unanimously to appoint Joe Miller to serve a three-year term in the alternate member
category on the Zoning Board of Adjustment with the term to expire on December 1,2013.
Vote: The Board voted 1 to 4 to appoint Chad McEwen to serve a three-year term in the alternate member category
on the Zoning Board of Adjustment with the term to expire on December 1, 2013. Chairman Thompson voted in
favor.
Vote: The Board voted 4 to 1 to appoint O. Frank Roberts, Jr. to serve a three-year term in the alternate member
category on the Zoning Board of Adjustment with the term to expire on December 1, 2013. Vice-Chairman Barfield
and Commissioners Caster,Davis and Greer voted in favor.
PUBLIC COMMENTS ON 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.
No items were presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 83
ADJOURNMENT
There being no further business, Chairman Thompson adjourned the meeting at 4:33 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 and
on www.nhcgov.com/NHCLive or www.nhcgov.com/pgges.BOC/aspy