2008-09-02-Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 448
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 2,
2008, 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 Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley;
Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Joseph Canady, Kure Beach First Baptist Church, gave the invocation.
Commissioner Davis led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda.
Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda.
Motion
: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, 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 of the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on August 14, 2008
Regular Session meeting held on August 18, 2008
Adoption of State Road Resolution ? Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolution
supporting the addition of Putnam Drive, Ottawa Court, Ragland Court, Robmar Court, Centallion Court, Medallion
Drive, and Saginaw Court located within the Planters Walk Subdivision (Division File No. 1092-N) to the state road
system.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.1.
Adoption of Family Day Proclamation ? Governing Body
"Family Day - A Day to
The Commissioners adopted the proclamation declaring September 22, 2008 as
Eat Dinner with Your Children"
in New Hanover County.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.2.
Acceptance of Funding Increase from the State for the Criminal Justice Partnership Program and Adoption
of Budget Ordinance Amendment 09-021 ? County Manager?s Office
The Commissioners accepted increased funding from the State for the Criminal Justice Partnership
Program in the amount of $10,939 and adopted Budget Ordinance Amendment 09-021. Funding in the amount of
$152,751 is currently budgeted for FY 08-09 for a total funding amount of $163,690.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXI, Page 18.3.
Authorization to Submit a 2009 Hazard Mitigation Assistance Program Grant Application - Emergency
Management Department
The Commissioners authorized the Emergency Management Department to submit a 2009 Hazard
Mitigation Assistance Program Grant Application in the amount of $29,940. If awarded, the funds will be used to
update the County's Multi-Jurisdictional Hazard Mitigation Plan to remain in compliance with the local hazard
mitigation planning standards as required by the Federal Emergency Management Agency and the North Carolina
Division of Emergency Management. The required 25% match, in the amount of $7,485, will be satisfied by in-kind
services (including staff salaries, printing, etc.) which are currently budgeted in the FY08-09 Emergency
Management Department budget.
Approval of New Hanover County Board of Education Budget Amendments #1 and #2 ? Budget Department
The Commissioners, as requested by the New Hanover County Board of Education, approved budget
amendments #1 and #2. Budget amendment #1 transfers savings from various technology projects to New Hanover
High School kitchen renovations and budget amendment #2 transfers savings from the Wrightsboro Elementary to
Gregory Middle School to fund the temporary relocation of mobile units from Wrightsboro Elementary to Gregory
Middle Schools and to fund an auditorium air conditioner for Gregory Middle School.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 449
Adoption of Budget Ordinance Amendment ? Budget Department
The Commissioners adopted the following Budget Ordinance Amendment:
09-016 - Department of Social Services
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXI, Page 18.4.
REGULAR ITEMS OF BUSINESS
ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2008 AS ?LITERACY AWARENESS
MONTH? AND SEPTEMBER 8, 2008 AS ?INTERNATIONAL LITERACY DAY IN NEW HANOVER
?
COUNTY
Chairman Greer reported that Linda Patton representing the Cape Fear Literacy Council has requested that
"Literacy Awareness Month"
the Board proclaim the month of September as and September 8, 2008 as
"International Literacy Day"
in New Hanover County.
Vice-Chairman Caster read the proclamation into the record and moved for adoption.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation
"Literacy Awareness Month"
declaring the month of September 2008 as and September 8, 2008 as
"International Literacy Day"
in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Anita Thomas, Board Chair of the Cape Fear Literacy Council, accepted the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.5.
ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 17-23, 2008 AS ?CONSTITUTION
WEEK? IN NEW HANOVER COUNTY
Chairman Greer reported that Lynn Benson representing the National Society Daughters of the American
?Constitution Week?
Revolution has requested the Board declare September 17-23, 2008 as in New Hanover
County.
Commissioner Kopp read the proclamation into the record and moved for adoption.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation
?Constitution Week?
declaring September 17-23, 2008 as in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Lynn Benson, National Society Daughters of the American Revolution, accepted the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.6.
ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2008 AS ?NATIONAL ALCOHOL AND
DRUG ADDICTION RECOVERY MONTH? IN NEW HANOVER COUNTY
Chairman Greer reported that Mandy Anderson-Ille has requested the Board declare September 2008 as
"National Alcohol and Drug Addiction Recovery Month"
in New Hanover County. This year?s theme is, ?Join
the Voices for Recovery: Real People, Real Recovery.?
Commissioner Davis read the proclamation into the record and moved for adoption.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation
"National Alcohol and Drug Addiction Recovery Month"
declaring September 2008 as in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Representatives of the Cape Fear Recovery Month Committee accepted the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.7.
ADOPTION OF PROCLAMATIONS DECLARING SEPTEMBER 27, 2008 AS ?BIG SWEEP DAY? AND
SEPTEMBER 20, 2008 ? OCTOBER 4, 2008 AS ?FALL LITTER SWEEP? IN NEW HANOVER COUNTY
Chairman Greer reported that New Hanover County Keep America Beautiful Coordinator Jennifer O?Keefe
Big Sweep Day?
has requested the Board declare September 27, 2008 as ?and September 20, 2008 ? October 4,
?Fall Litter Sweep?
2008 as in New Hanover County. Keep America Beautiful of New Hanover County's
Roadside Litter Pickup Program will participate in the NCDOT Fall Litter Sweep by picking up litter along state-
owned roads on September 20, September 27 and October 4, 2008.
Commissioner Pritchett read the proclamations into the record and moved for adoption.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 450
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation
?Fall Litter Sweep?
declaring September 20, 2008 ? October 4, 2008 as in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation
Big Sweep Day?
declaring September 27, 2008 as ?in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Jennifer O?Keefe, New Hanover County Keep America Beautiful Coordinator, accepted the proclamations.
Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit
Book XXXI, Page 18.8.
ADOPTION OF ORDINANCE AMENDING COUNTY CODE, CHAPTER 41, SECTION 41-2
Commissioner Davis reported that he directed staff to draft for the Board?s consideration an amendment to
Chapter 41, Section 41-2, of the County Code of Ordinances. The proposed amendment would add a provision that
would make it unlawful for any person registered as a sex offender to enter any public park owned, operated or
maintained by the County. The City of Wilmington has adopted a similar ordinance.
Assistant County Attorney Sharon Huffman reported that the State Supreme Court recently upheld such an
ordinance as lawful and presented the proposed amendment:
(d) It shall be unlawful for any person registered as a sex offender in the State of North
Carolina or any other state or with a federal agency to knowingly enter into or on any
public park owned, operated or maintained by the County. A violation of this ordinance
shall subject the offender to the penalties set forth in Section 41-5(a) of the County Code.
A person in violation of the proposed ordinance will be subject to criminal citation.
Chairman Greer requested direction from the Board.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to adopt the ordinance amending
County Code, Chapter 41, Section 41-2 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 18.9.
PUBLIC HEARING ON THE BOND ORDER AUTHORIZING ISSUANCE OF $164,000,000 GENERAL
OBLIGATION COMMUNITY COLLEGE BONDS AND ADOPTION OF BOND ORDER AND
RESOLUTION CALLING FOR ELECTION
Chairman Greer reported that the Board is being requested to conduct a public hearing regarding a
proposed Bond Order authorizing the issuance of $164,000,000 General Obligation Community College Bonds
necessary to provide facilities for Cape Fear Community College. The Bond Order and Notice of Public Hearing
were published in the Wilmington Star News on August 20, 2008, which is at least ten days prior to the date of the
public hearing. The Clerk to the Board is directed to affix an Affidavit of Publication as Exhibit A to the extract of
the minutes.
Chairman Greer requested a motion to proceed with the public hearing.
Motion:
Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to proceed with the public hearing
on the bond order authorizing issuance of $164,000,000 general obligation community college bonds. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer opened the Public Hearing and asked if anyone would like to speak on the bond order
authorizing issuance of $164,000,000 general obligation community college bonds.
The following people spoke in favor of the Cape Fear Community College bond order:
Dr. Joe James
Nancy S. Marks
Kevin Lagasse, representing GE Hitachi
Lisa Casey
Laurel Servicky
Dr. Skip Tyson, representing Tri County Dental Society
Wilma Daniels, representing CFCC Foundation
Louise McColl, representing Greater Wilmington Chamber of Commerce
Jon Rosborough
Lethia Hankins, representing Cape Fear Community College
John Gizdic, representing New Hanover Regional Medical Center
Tony Garcia
James Leutze, representing Cape Fear Community College
Eric McKeithan, representing Cape Fear Community College
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 451
Ken McGee, representing Cape Fear Community College
The following person spoke in opposition to the Cape Fear Community College bond order:
Teresa James
Hearing no further comments, Chairman Greer closed the Public Hearing.
Chairman Greer reported that before the Board is the bond order authorizing the issuance of $164,000,000
general obligation community college bonds of the County of New Hanover.
Chairman Greer read the bond order into the record and requested a motion for adoption.
Commissioner Kopp stated that he believes there may be a better way to finance the required enhancements
to Cape Fear Community College but that he would support the proposed bond referendum allowing the voters to
decide. He cautioned that if the bond referendum is approved up to a 5 cent tax increase may be necessary to pay
the bond debt service.
Commissioner Davis stated that he has a history of voting in opposition to tax increases. The Board is not
being asked to vote on a tax increase but to bring the bond referendum forward so the voters can decide the future
direction of Cape Fear Community College, knowing full well, there might be an increase in taxes to support the
bond debt service.
Motion:
Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the bond order
authorizing the issuance of $164,000,000 general obligation community college bonds of the County of New
Hanover. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer reported that before the Board is the resolution calling for an election on the issuance of
bonds for Cape Fear Community College.
Chairman Greer read the resolution into the record and requested a motion for adoption.
Motion:
Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution calling for
an election on the issuance of bonds for Cape Fear Community College. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the bond ordinance and resolution is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXI, Page 18.10.
BREAK
Chairman Greer called for a break from 7:23 p.m. until 7:39 p.m.
WITHDRAWAL OF AGENDA ITEM
Chairman Greer reported that the Petitioner has requested Agenda Item 15 - PUBLIC HEARING AND
CONSIDERATION OF REQUEST BY LS3P ASSOCIATES, ON BEHALF OF MICHAEL WHITE, TO REZONE
APPROXIMATELY 5.7 ACRES OF PROPERTY LOCATED AT THE 1400 BLOCK OF POINT HARBOR
ROAD FROM I-2 TO RIVER FRONT MIXED USE (Z-887, 7/08) be continued until the Board?s October 2008
meeting.
PUBLIC HEARING AND CONSIDERATION OF REQUEST BY BETTY HUMBLES FOR A SPECIAL
USE PERMIT TO PLACE A SINGLE-WIDE MOBILE HOME IN A RA-RURAL AGRICULTURAL
DISTRICT (S-584, 09/08)
Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Betty R. Humbles
Lisa Wurtzbacher
Alan G. Jones
Ernest Puskas
William Wall
Senior Planner Jane Daughtridge reported that Betty Humbles is requesting a special use permit to place a
single-wide mobile home on a one-acre lot off Hanover Avenue in a RA-Rural Agricultural District and presented
an overview of the request explaining that the slide presentation was not available.
Planning Director Chris O?Keefe reported that the Rural Agricultural district requires that a special use
permit be granted for the location of mobile homes and is therefore coming before the Board as a new permit
application. In accordance with Article VII Section 71-1 of the New Hanover County Zoning Ordinance, the
Planning Board does not review mobile home requests. Staff recommends approval. Staff has received calls and/or
emails from a few people in opposition to the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 452
Planning Director O?Keefe read the findings of facts into the record.
Chairman Greer asked if the Petitioner would like to speak on the request.
Lisa Wurtzbacher, on behalf of Betty R. Humbles, stated that the request is for Ms. Humbles?
granddaughter who has recently enrolled in Cape Fear Community College. The situation is a temporary one for the
next four to five years while she is working her way through college.
Chairman Greer asked if the opposition would like to speak on the request.
Alan G. Jones, resident of 3540 Hanover Street, requested the Board not approve the request stating that he
believes the proposed single-wide mobile home will not be in harmony with the existing area and will injure his
property value.
Ernest Puskas, resident of 3504 Prince George Avenue, requested the Board not approve the request stating
that he believes the proposed single-wide mobile home will not be in harmony with the direction for the Castle
Hayne area.
William Wall, 5524 Ashey Drive, requested the Board not approve the request stating that he believes the
proposed single-wide mobile home will injure the property value of the area.
Betty R. Humbles, the petitioner, stated that it was not her intention to cause contention among her
neighbors but is only trying to help her granddaughter.
Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the
Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to table the Special Use Permit
request by Betty Humbles to place a single-wide mobile home on a one-acre lot off Hanover Avenue in an RA-Rural
Agricultural Districtuntil the next Board meeting so that the slide presentation could be reviewed.
Due to the opposition of her neighbors, Ms. Humbles stated that she would like the request to be withdrawn
from the agenda. The Board honored Ms. Humbles? request and withdrew the item from the agenda.
NON-AGENDA ITEMS
Chairman Greer 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.
ADDITIONAL ITEMS
TROPICAL STORM HANNA UPDATE
Emergency Management Director Warren Lee presented an overview of the projected track of Tropical
Storm Hanna reporting that the latest forecast has Hanna heading northwest. There is the potential for strong rip
currents as swells from Hanna impact the coast with the seas and surf becoming very rough. High tide is around
noon on Friday and 12:30 a.m. Saturday, depending on actual landfall this could come into play with respect to
surge/coastal inundation. At this time it is too early to determine specific surge, but coastal flooding could become
significant depending on intensification and beach erosion could be major. It is still too early to determine specific
rainfall amount with no rainfall expected until Friday morning.
PLANNING BOARD WORK SESSION UPDATE
Planning Director Chris O?Keefe, presented an overview of the Planning Board work session that was held
on August 27, 2008. The Planning Board reviewed several issues including uses permitted in the I-2 Heavy Industry
District. In the end, the Planning Board felt that they would need direction from the Board of Commissioners before
proceeding with further discussion.
ADJOURNMENT
There being no further business, Chairman Greer requested a motion to adjourn the meeting.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adjourn the meeting. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 8:38 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board