2001-03-12 Regular Meeting
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 463
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 12, 2001, at 5:30 P.M. in Courtroom 317 located in the New Hanover County Judicial
Building, 316 Princess Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett;
Deputy County Manager Andrew J. Atkinson ; County Attorney, Wanda M. Copley; and Clerk to
the Board, Lucie F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Assistant County Manager Patricia Melvin gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
Continuance and Removal of the Items on the Agenda
Chairman Davis advised that during the past week, requests had been received to continue
or remove the following items from the Regular Agenda and Consent Agenda:
Regular Agenda:
Item 2: Mayor David Jones and Vinton Fountain have requested continuance of the
Resolution of Support for the Convention Center until March 26, 2001.
Item 6.3: Attorney James B. Snow III, representing the petitioner, Terry Turner, et al, has
requested continuance of the Public Hearing to consider a Text Amendment to
Section 41-1(7)(h) of the Subdivision Ordinance pertaining to street stubs until April
2, 2001.
Item 9: The Mayors of Carolina Beach and Kure Beach have requested continuance of the
conveyance of a beach access to the Town of Carolina Beach until both Town
Councils can resolve some issues.
Consent Agenda:
Item 11:District Attorney John Carriker has requested withdrawal of a funding request for
development of a criminal justice software system.
Chairman Davis asked if any members of the Board objected to continuing or removing the
items listed.
Consensus:
After discussion, it was the consensus of the Board to continue and remove the items
as requested.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss an item on the
Consent Agenda.
Commissioner Caster referenced Item 5 and asked if a County match was required for the
FEMA and N. C. Division of Emergency Management grant in the amount of $100,000.
Deputy County Manager Atkinson explained that under this source of funding no local match
is required.
There being no further comments, Chairman Davis requested a motion to approve the Consent
Agenda.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 464
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to remove
Consent Agenda Item 11 and approve the remaining items on the Consent Agenda as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings as presented by the Clerk
to the Board:
Mason Inlet Relocation Project Work SessionFebruary 15, 2001
Regular MeetingFebruary 19, 2001
Closed SessionFebruary 19, 2001
Adoption of Resolution Requesting Governor Easley to Release Funds to Cities and Counties
and to Enact Revenue Options for Local Governments
The Commissioners adopted a resolution requesting Governor Easley to release funds to cities
and counties that are intended to replace local inventory tax and other revenue sources and to enact
revenue options for local governments.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 25.
Ratification of the Filing of a Grant Application to the Governor’s Crime Commission by the
City/County Unified Domestic Violence Unit.
The Commissioners ratified the submission of a grant application in the amount of $65,639.71
to the Governor’s Crime Commission by the City/County Unified Domestic Violence Unit. The funds
will be used to correct problems identified in the customer service aspect of domestic violence
prosecution, increase training for members of the domestic violence unit, improve the application of
laws in domestic violence, and to disseminate this information to interested agencies. No County
funds are required.
Authorization for the Emergency Management Department to File a Grant Application to the
N. C. Division of Emergency Management for Improvements to the Emergency Operations
Center (EOC)
The Commissioners authorized the Emergency Management Department to file a grant
application in the amount of $5,000 to the N. C. Division of Emergency Management for
improvements to the EOC. The funds will be used to provide remote connections to the 911 Center,
Emergency Management Office and EOC for the existing two-way satellite communications network.
No County match is required.
Authorization for the Emergency Management Department to File a Grant Application for
FEMA and State Emergency Management Grant Funds to Support Domestic Terrorism
Planning and Training
The Commissioners authorized the Emergency Management Department to file a grant
application in an amount not to exceed $100,000 to the Federal Emergency Management Agency
(FEMA) and the N. C. Division of Emergency Management to fund domestic terrorism planning,
training, exercises, and equipment purchases. Funds will be used to acquire the services of a
contractor to assist with developing new plans, updating existing plans, establishing training programs
and providing equipment recommendations with involvement of Law Enforcement, the Health
Department, New Hanover Regional Medical Center, Fire Services, and EMS organizations. The
work should be completed within 18 to 24 months.
Authorization for the Emergency Management Department to File a Grant Application to the
N. C. Division of Emergency Management for Hazardous Materials Planning
The Commissioners authorized the Emergency Management Department to file a grant
application to the N. C. Division of Emergency Management for Hazardous Materials planning in an
amount not to exceed $5,000. The funds will be used to supplement existing planning, printing and
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 465
educational support for emergency planning to handle Hazardous Materials events. The State will
reimburse the County upon presentation of job invoices or receipts. No local match is required.
Authorization For Staff to Negotiate and Execute a Change Order to Contract #00-0297 for
Veterans Park
The Commissioners authorized Staff to negotiate and execute a Change Order to Contract
#00-0297 with the contractor for construction of a maintenance and irrigation system at Veterans
Park. Since the New Hanover County Parks Department will be responsible for maintenance of the
grounds for the entire complex including the County athletic fields on a year-round basis, the
irrigation and maintenance facility are needed.
The total estimated cost for this work is approximately $740,000, with $200,000 for the
maintenance facility and $540,000 for the irrigation system. The funds are included in the existing
budget, and the Change Order would limit the amount to the estimated $740,000.
Adoption of Resolution to Take Possession and Control of Abandoned Delgado Cemetery
Pursuant to N.C.G.S. 65-3
The Commissioners adopted a resolution to accept possession and control of the Delgado
Cemetery located on Confederate Drive identified as Tax Parcel #R05408-010-002-000. This is an
abandoned cemetery within the definition of the statutes, without any ascertained record owner, and
without any person or entity maintaining the site.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 25.
Adoption of Resolution from Bank of America and Approval of Signature Card Adding the
Names of Individuals Authorized to Complete Financial Transactions for Civil Bank Account
of the Sheriff’s Department
The Commissioners adopted a resolution from Bank of America and approved a signature
card adding the names of individuals authorized to complete financial transactions for the Civil Bank
Account for the Sheriff’s Department.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 25.
Adoption of Resolution to Add Roads in Huntington Forest Subdivision to the N.C. Highway
System
The Commissioners adopted a resolution to add roads in Huntington Forest Subdivision to
the N.C. Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 25.
Appointments to the Region O Area Agency on Aging Advisory Council and the New Hanover
County Home and Community Care Block Grant Advisory Committee
The Commissioners appointed Max Fenson and Jane Barefoot to serve on the Region O Area
Agency on Aging Advisory Council and the New Hanover County Home and Community Care Block
grant Advisory Committee as recommended by Annette Crumpton, Director of the Department of
Aging.
Authorization for the County to File a Criminal Justice Partnership Program Continuation
Grant to Fund the Pretrial Release Program and the Day Sentencing Center
The Commissioners approved filing a Criminal Justice Partnership Program Continuation
grant in the amount of $155,836 to fund the Pretrial Release Program and the Day Sentencing Center.
These programs are necessary to provide Judges with alternative sentencing measures. No local
match is required.
Approval of Budget Amendment #01-0148
The Commissioners approved the following Budget Amendment:
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 466
Budget Amendment #01-0148-Non-Departmental/Outside Agencies/Economic & Physical
Development
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingencies$10,000
Outside Agencies:
Economic & Physical Development:
Greater Wilmington Chamber of Commerce$10,000
Explanation:
To transfer funds from Contingencies to the Greater Wilmington Chamber of
Commerce to sponsor the Legislative Weekend in New Hanover County for members of the N. C.
General Assembly on April 27-29, 2001.
Acceptance of FY 2000-2001 EEOC Grant for Human Relations and Approval of Associated
Budget Amendment #01-0146
The Commissioners accepted the FY 2000-2001 EEOC grant in the amount of $27,500 for
the Human Relations Department and approved the associated budget amendment. The County
Manager was authorized to sign the grant documents.
BUDGET AMENDMENT #01-0146-Human Relations-EEOC
ADJUSTMENTDEBITCREDIT
EEOC Grant$1,500
Contract Services$1,500
Explanation:
To increase the budget to the actual amount of FY 2000-2001 EEOC grant award.
The grant was budgeted at $26,000 and the actual award was $27,500.
Adoption of Resolution to Approve the Exchange of Vehicles Between the County and the New
Hanover Regional Medical Center and Approval of Associated Budget Amendment #01-0147
The Commissioners adopted a resolution and approved the associated budget amendment to
authorize the exchange of a 1992 Chevrolet Caprice Law Enforcement package car (VIN
1G1BL5371NR139880) with a 1994 Ford 350 Type 1 ambulance (VIN 1FDKF37M2RNA43705)
owned by New Hanover Regional Medical Center pursuant to N.C.G.S. 160A-274.
BUDGET AMENDMENT # 01-0147-Sheriff/Sheriff-Administration
ADJUSTMENTDEBITCREDIT
Sheriff:
Sheriff-Administration:
Sale of Fixed Assets$7,680
Motor Vehicle Purchases$7,680
Explanation:
To budget the transfer of a 1992 Chevrolet Caprice law enforcement package car to
New Hanover Regional Medical Center in exchange for a 1994 Ford F350 Type 1 ambulance. The
Chevrolet car is insufficient for the Sheriff’s Department but would be useful for the Medical Center.
The ambulance is needed by the Sheriff’s Uniform Patrol Division and does not serve the needs of
the Medical Center.
Approval of Amendment to New Hanover County Personnel Policy to Add The Pay Plan and
Delete Language
The Commissioners approved the personnel policy amendment adding “Article VII, The Pay
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 467
Plan,” to Article I Section 2(e), and deleting language as needed. According to Article I Section 2(e)
of the Personnel Policy, employees of the Cooperative Extension Service, not paid solely by the
County, are only subject to Article I Section 2 (Coverage) and Article VIII (Grievance Procedure)
of the policy. In practice, however, all employees in that department have been allowed to participate
in Market Adjustments, Merit Increases and, in the past, Salary Adjustments resulting from pay and
classification studies. In order to continue this inclusion, the Personnel Policy needs to be amended
to extend the coverage to all employees in the department. This will be accomplished by amending
Article I Section 2(e) to read:
this policy will cover all employees in the County’s service except:
....
(E) Employees of the North Carolina Cooperative Extension Service, except that they will
be subject to Article I, Section 2, Article VII and Article VIII.
Approval Request to Dispose of Old Jury Cards
The Commissioners approved the request from the Register of Deeds to dispose of two (2)
boxes of jury cards from 1995 to 1996 in accordance with N.C.G.S. 9-7.
ADOPTION OF PROCLAMATION DECLARING MARCH 2001 AS RED CROSS MONTH
IN NEW HANOVER COUNTY
Chairman Davis requested a motion to adopt a proclamation declaring the month of March
2001 as “American Red Cross Month” in New Hanover County. He encouraged all citizens to
support the Cape Fear Chapter and become actively involved in the activities for this month.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt a
proclamation declaring the month of March 2001 as “American Red Cross 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 XXVI, Page 25.
APPROVAL OF NEW CLASSIFICATION FOR A PUBLIC SAFETY COMMUNICATIONS
DIRECTOR
Deputy County Manager Atkinson reported that during the last several years, discussion has
occurred among the Sheriff’s Department, City, County, and other users of the 911 Center about
establishing a separate county department for this service. After discussion with Sheriff Lanier, he
is amenable to the idea. The 911 User Committee has reviewed and approved a classification
specification for the Public Safety Communications Director who will be responsible for managing
the staff, services, and equipment of the center, which operates on a 24-hour, 7-day-a-week schedule.
The Director will report to an Assistant County Manager but will collaborate with and be responsive
to the advisory board that will be established to oversee operational policies and procedures. The
recommended pay grade is MG08, $64,480 to $98,925 per year, based on internal comparisons with
comparable department head pay grade assignments.
The existing 911 operation will be organizationally removed from the Sheriff’s Department
and will be named the Public Safety Communications Center. The advisory board will be established
of user groups consisting of representatives from the Sheriff’s Department, Wilmington Police
Department, Wilmington Fire Department, New Hanover County Fire Service, Emergency Medical
Services, and the Deputy County Manager.
In closing, Deputy County Manager Atkinson advised that the 911 User Committee feels that
establishing a separate Public Safety Communications Department and hiring a professional Public
Safety Communications Director will be the most efficient and effective way to operate the 911
system.
Chairman Davis expressed concern for increasing the size of County government by adding
another department and hiring more staff. He asked if consideration had been given to combining this
operation with the Emergency Management Department.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 468
Deputy County Manager Atkinson stated that in the past, a Captain from the Sheriff’s
Department was assigned to oversee the 911 Center; however, due to other responsibilities in the
Sheriff’s Department, it was difficult for that officer to devote the amount of time required to
supervise a growing service. If a new county department is established, the 60 existing employees
would be moved into the new department with only one new position, the Public Safety
Communications Director. Since the Emergency Management Department would be a user of the
Public Safety Communications System, the 911 User Committee felt that a separate department
should be established. Currently, 16 counties in North Carolina have separate Public Safety
Communications Departments which have proven to be successful; however, a majority of 911
Centers are still supervised by the Sheriff’s Department.
Discussion was held on the budget for the new Public Safety Communications Center.
Colonel Steve Smith explained that current employees operating the 9l1 Center would be moved to
the new center and the portion of the Sheriff’s budget would be transferred to the new department.
Chairman Davis referenced the budget shortfall, and asked if the position was absolutely
necessary, and if so, where would the new department be located.
Deputy County Manager Atkinson informed the Board that the position was needed to
provide a professional person to oversee the operations of a new Public Safety Communications
Center. The Center will remain in the Law Enforcement Center, and no renovations will be made
until the Board decides on the administrative space for the Sheriff.
Motion:
After commenting on the growth in the workload because of the number of calls received
in the 911 Center, Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve
the new classification for a Public Safety Communications Director at pay grade MG08. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CONTRACT #01-0206 WITH WATERFRONT MARINE
CONSTRUCTION, INC., FOR THE FOUNDATION PILING PACKAGE FOR THE NEW
HANOVER COUNTY JAIL AND SHERIFF’S ADMINISTRATION FACILITY AND
APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2001-30
Project Engineer Greg Thompson reported that bids for the foundation piling package for the
New Hanover County Jail and Sheriff’s Administrative Facility were received on February 20, 2001.
Waterfront Marine Construction, Inc. was the lowest responsible bidder in the amount of $451,833.
He requested the Board to award the bid and approve a budget amendment in the amount of
$497,000, which represents a 10% construction contingency. He informed the Board that the first
bid award for clearing and grading has a 20% contingency and stated these contingency funds are
almost depleted.
Discussion followed on whether the project was still within budget. Mr. Pat McCracken,
representing Miller Building, explained that foundation piling bid packages came in over budget
because the site work required double mobilization. This means that one type of piling is used for
one part of the building and a few months later another type of piling is used for a different area of
the building. The double mobilization was included in the overall budget, but it was not included in
the figures for the bid package. This is why Freeman White recommended lowering the County
budget for the main bid package by an equivalent amount.
Chairman Davis spoke on not being in favor of placing the new jail on the Blue Clay Road site
and stated it was the responsibility of the Board and County Staff to be sure the project stays within
or under the projected budget. He expressed concern for the bid package being over the budget by
$35,000.
Vice-Chairman Greer asked if a new figure had been calculated with removal of the Sheriff’s
administrative space from the new jail facility.
Mr. McCracken responded that if the administrative space for the Sheriff is deducted and the
Patrol Division space is added, approximately $25,000 will be saved which will be deducted from the
budget.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 469
Vice-Chairman Greer asked if the pilings would stick out of the ground if nothing was placed
on the site allocated for the Sheriff’s administrative space.
Mr. McCracken explained that if no construction occurred on this part of the site, the pilings
would be cut off to ground level. If the County should decide at a later date to expand with the
same footprint, the pilings could be used at that time.
Chairman Davis asked if the bid package included enough pilings to construct the
administrative space for the Sheriff and move the Patrol Division to the jail site.
Mr. McCracken explained that the original design included the Sheriff’s administrative space
and Patrol Division; therefore, the number of pilings would be sufficient to move both functions to
the site.
Deputy County Manager Atkinson explained that bids for the Sheriff’s administrative space
and Patrol Division will be received on April 11, 2001; therefore, these bids will be presented to the
Board at the meeting scheduled for April 16, 2001. Once the Board has an opportunity to see the
scope of the jail project, a decision can be made about whether to include or not include space for the
Patrol Division or Sheriff’s administrative space. The bid for the pilings can be awarded today and
when the Board makes a final decision on use of space at the jail site, the piling contract can be
changed to comply to the decision made by the Board.
Vice-Chairman Greer stated that he thought a decision has been made not to place the
Sheriff’s administrative space at the new jail. He asked why Staff bid the project including space for
the Patrol Division and Sheriff’s administrative functions.
Deputy County Manager Atkinson explained that when the Board decided to remove the
administrative space for the jail, the drawings had been completed and a decision was made by Staff
to allow these items to remain in place as alternative bids in lieu of paying for additional drawings.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to award the
contract to Waterfront Marine Construction, Inc., the lowest responsible bidder, in the amount of
$451,883 plus the contingency and approve the associated budget amendment with the understanding
that the Board will have an opportunity to decide on where the administrative space for the Sheriff
will be located and reduce the budget from the main bid project by an equivalent amount. Upon vote,
the MOTION CARRIED by a 3 to 2 vote as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
BUDGET AMENDMENT #2001-30- Law Enforcement Center
ADJUSTMENT DEBIT CREDIT
COPS Proceeds$497,000
Capital Project Expense$497,000
Explanation:
To increase budget for foundation piling package for Jail and Sheriff's Adm. Facility.
A copy of the contract is on file in the Legal Department.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 470
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session to hold a meeting of the Water and Sewer
District at 6:12 P.M.
Chairman Davis reconvened to Regular Session at 6:16 P.M.
PUBLIC HEARING TO CONSIDER CHANGES IN THE NEW HANOVER COUNTY
CODE
Deputy County Attorney Kemp Burpeau reported that during the past year, he and the Clerk
to the Board Lucie Harrell had worked with the Municipal Code Corporation to remove obsolete
sections and make technical changes to modernize the New Hanover County Code. He requested
the Board to approve the following changes so the Code can be revised and placed on the Internet:
1.A hearing officer option has been instituted should the County Manager or
Department Head wish to utilize such an arrangement.
2.Appeal procedures are stated or clarified.
3.Penalties for violations of the water and sewer provisions are increased from $500 to
$1,000.
4.Amend Section 13.3(2) of the Storm Water Management Chapter pertaining to
as
abatement of nuisances to add the following language at the end of the paragraph:
a lien collectible in the same manner as ad valorem taxes
.
Chairman Davis asked if any members of the Board would like to comment on the changes.
There being no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the
changes as presented including the additional language in the last paragraph of Section 13.3(2) of the
Storm Water Management Chapter. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS PRESENTED BY THE COUNTY COMMISSIONERS
Discussion of Grant Funding for Fire Services Across the Country
Commissioner Pritchett advised that discussion was held at the last Fire Commission meeting
about three-year grant funding that had been set aside by President Clinton for fire services across
the country. She stated that President Bush has reduced this term to one year, and she requested the
Board to consider writing a letter of protest to request the term to be reinstated for three years.
Commissioner Caster requested some background information on the proposal before
agreeing to write a letter.
Commissioner Pritchett responded that she would be glad to provide this information to the
Board.
Change in the Date of the Work Session Scheduled for March 22, 2001to April 12, 2001
Chairman Davis reminded the Board about the Work Session scheduled for March 22, 2001,
at 5:00 P.M. to discuss the recommendation of the Solid Waste Advisory Board regarding
implementing a user fee solid waste disposal system.
Commissioner Pritchett advised discussion has been held by the Solid Waste Advisory Board
to postpone this meeting until a later date.
Commissioner Caster expressed concern for this item being delayed after more than a year
of discussion.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 471
Vice-Chairman Greer noted that Commissioner Pritchett and he met with members of Staff
as well as the members of the Advisory Board and stated there are some questions as well as figures
that need to be addressed before holding the Work Session.
Motion:
After discussion of the need to have sufficient information regarding the implementation
of a user fee solid waste disposal system, Commissioner Caster MOVED, SECONDED by
Commissioner Pritchett, to change the date of the Work Session from March 22, 2001 until April 12,
2001 at 5:00 P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of a Request by the Lower Cape Fear Arts Council for Appointment of County
Commissioner to Serve on the Board of Directors
Chairman Davis advised that a letter had been received from Mr. Don Fishero, Executive
Director of the Lower Cape Fear Arts Council, requesting the Board to consider appointing a County
Commissioner to serve on the Board of the Directors of Arts Council. He asked if any member of
the Board would like to serve in this capacity.
Commissioner Caster spoke on the large number of boards and committees already assigned
to each Commissioner and suggested having the option of allowing a County Commissioner to serve
on the Arts Council Board of Directors if so desired or allowing the Board of County Commissioners
the option of appointing a representative to serve on that board.
Commissioner Pritchett asked if Assistant County Manager Pat Melvin was already serving
on the Lower Cape Fear Arts Council Board of Directors.
Deputy County Manager Atkinson responded that Ms. Melvin was currently serving on the
Arts Council Board of Directors.
Chairman Davis offered to invite Mr. Fishero to discuss this request at the next Staff meeting
scheduled on March 22, 2001 at 4:00 P.M., and the Board agreed to this recommendation.
Discussion of the Term of Office on the Lower Cape Fear River Program Advisory Board
Chairman Davis referenced a letter received from the Lower Cape Fear River Program
Advisory Board regarding the expiration of Commissioner Caster’s term of office and asked if this
issue had been resolved.
Commissioner Caster noted that the letter from Dr. Jim Leutze indicated that members could
not serve more than two terms and stated if this was the case, he would yield to the rules. He
requested Mr. Mark Lanier, Special Assistant to the Chancellor at UNCW, to review the by-laws and
let him know so Commissioner Pritchett can be appointed to fill the vacancy if he is not eligible to
serve.
Mr. Lanier responded that he would be glad to check into the matter and report back to
Commissioner Caster.
Report on Lower Cape Fear Water and Sewer Authority Meeting
Commissioner Caster spoke on discussion at the Lower Cape Fear Water and Sewer
Authority meeting about the Cape Fear River inter-basin transfer last week and stated that he would
forward information to the Board regarding this issue. He advised that the inter-basin transfer did
not endanger the Wilmington area at this time, but in the future water quantity and water quality
could be negatively impacted in our area if these inter-basin transfers continue.
Reminder of Joint Meeting With the Board of Education
Chairman Davis reminded the Board of the joint meeting scheduled with the Board of
Education on April 10, 2001 at Bradley Creek Elementary School beginning with dinner at 6:00 P.M.
followed by the meeting.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 472
PUBLIC HEARING TO CONSIDER A REQUEST FROM THE UNIVERSITY OF NORTH
CAROLINA AT WILMINGTON TO MODIFY A SPECIAL USE PERMIT FOR A MARINE
RESEARCH AND EDUCATIONAL FACILITY LOCATED IN THE 5000 BLOCK OF
MASONBORO LOOP ROAD (CONTINUED FROM NOVEMBER 13, 2000) (S-329, 03/91,
04/00)
Chairman Davis informed the public that this item had been heard by the Board on three
separate occasions and he requested each speaker not to present repetitive information and to limit
their remarks so the Commissioners can move forward with rendering a decision on the modifications
to the Special Use Permit. He opened the Public Hearing and requested any persons wishing to speak
to step forward to be sworn in by the Clerk to the Board since the special use process requires a
quasi-judicial hearing.
The following persons were sworn in:
Sam Burgess
Harold M.White, Jr.
Daniel Baden
Dennis Ihnat
Bill Rivenbark
John Codington, Jr.
Roman Koloji
Jerry Mullins
Sue Mako
Tom Strickland
Planner Sam Burgess reported that the University of North Carolina at Wilmington (UNCW)
received a Special Use Permit from the Board of County Commissioners on April 1, 1991. At that
time, the site plan consisted of approximately 18,125 total square feet. During the construction of
the marine research facility, there were several modifications that occurred on the site that were not
part of the Special Use Permit. The total square footage of the structure was increased from 18,125
to 82,880, the parking was modified to 121 total spaces, and the buffering and setbacks included a
50 foot natural buffer along the property lines.
In April 2000, the Planning Board heard a request from UNCW to modify the Special Use
Permit and approved the site plan design. After hearing from adjacent residents about the noise
pollution from the HVAC units, the Planning Board approved the petitioner’s revised Special Use
Permit and recommended that UNCW make every effort to mitigate the noise problem and adhere
to the New Hanover County Noise Ordinance. Since April, UNCW has exercised due diligence by
installing a baffling system to the HVAC units located on top of the building.
In November 2000, the Board of County Commissioners approved the special use
modifications provided that additional screening would be installed to reduce the noise created by the
HVAC units and that appropriate screening along the property boundaries would be installed. Other
terms and conditions of the 1991 Special Use Permit were to remain in force. The Commissioners
also requested representatives from UNCW and concerned residents to attend the March 12, 2001
meeting to ensure that imposed noise controls had been installed and the noise level was in
compliance with the New Hanover County Noise Ordinance.
Chairman Davis asked if Mr. Harold M. White, Jr. would like to speak.
Mr. Harold White, Counsel for UNCW, introduced Mr. Daniel Baden, Director of the Center
for Marine Science, and Mr. Jerry Mullins, Senior Analyst for Commonwealth Kinetics. He also
requested the Chairman to reserve some time for rebuttal after the witnesses have spoken.
Mr. White requested the Board of County Commissioners to approve the modifications to the
Special Use Permit granted on April 1, 1991. As development proceeded, the square footage of the
building increased fourfold and instead of having three or four separate facilities, one primary facility
was constructed with 82,800 square feet. The impervious footprint of development is essentially
unchanged from the original plan. Wetlands and buffers have been preserved, and special
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 473
transportation arrangements have been made to use shuttles from UNCW for major events held at
the Center for Marine Science.
The major concern has been the noise from the HVAC units. On May 8, June 5, and
November 13, 2000, this request was presented to the Board of County Commissioners, and each
time this issue was delayed to allow time for the noise controls to be installed to further reduce the
noise from the HVAC units to surrounding properties. Every effort has been made by UNCW to
install noise controls to further reduce the sound for adjacent neighbors. The University also
acknowledges that a mistake was made by being late to apply for the modifications. The University
has apologized for this mistake which was not intentional. This has been an open, not hidden process,
which has been covered by the newspapers with groundbreaking ceremonies and invitations extended
to the public and elected officials. It was an oversight that will not be repeated. The commitment
of UNCW is to deal fairly with the County, City, and neighbors.
In closing, Mr. White advised that the Board of County Commissioners on November 13,
2000, provided a punch list of conditions that had to be met for approval of the modifications to the
Special Use Permit. He advised that these conditions have been completed with a reduction in the
noise by 50 percent, and he requested the Board to approve the modifications.
Chairman Davis spoke on understanding that UNCW has spent $183,000 to install
modifications to the cooling tower and he requested an explanation of what controls were used to
reduce the noise.
Mr. White explained that two modifications had been made to the HVAC units: (1)
installation of a baffle on top of the units; and (2) screening the units from visual sight. When
installing the visual screening, it was decided to also install sound continuation equipment to further
reduce the noise even though the sound had not exceeded the New Hanover County Noise
Ordinance. The noise level is now 6 to 8 decibels in all ranges below the original sound. Every 10
decibels represents a doubling in noise, and every 10 decibels less reduces the noise by 50 percent.
The University will continue to look for techniques to further reduce the sound.
Discussion followed on the impact of lighting to adjacent property owners. Mr. White
explained that metal shields had been installed on light fixtures in the parking lot and on the side of
the buildings to direct the light downward. The overall lighting has been reduced 40 percent by
cutting off lights except for specific events. Alarms have been installed on the sewage lift station,
screens have been placed around the equipment storage areas, the pier-mounted pumps have been
covered with acoustical insulating boxes, and “T” joints have been installed to reduce the noise of the
discharge that was of concern to an adjacent neighbor. Screening has been installed along the south
side of the property line where the equipment is stored to screen the view and reduce the noise to
another adjacent neighbor.
Chairman Davis requested Mr. White to comment on the formation of the Center for Marine
Science Neighborhood Advisory Committee.
Mr. White advised that Chancellor Leutze started a working group in May 2000 to meet with
the neighbors, and five meetings were held. On January 17, 2001 a permanent Center for Marine
Science Neighborhood Advisory Committee was formed consisting of representatives from the
neighborhood and the Center for Marine Science. The purpose of this Committee is to continue
neighborhood relations and discuss ways to improve the impact of the Center on adjoining property
owners.
Chairman Davis stressed the importance of everyone understanding that if the Commissioners
approve the modifications to the Special Use Permit, this means that approval has been granted for
the work that has been done on the Marine Science Center site. This does not mean that further
construction can occur on the site. He asked Mr. White if these statements were correct.
Mr. White agreed with the statements made by Chairman Davis and stated that the site plan
has been filed with the modifications to the Special Use Permit. At this point, only improvements that
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 474
are permitted by R-15 Residential development can occur on the site. If other improvements are
needed, the University will have to go through the special use permitting process.
Chairman Davis referenced the State bond issue that was approved by the voters in
November, 2000 and stated it was his understanding that other construction projects may be planned
for the Center.
Mr. White responded that other projects will be considered in the future, but due to the time
needed for planning, these projects would not be considered for at least two years.
Chairman Davis again emphasized the importance of the public understanding that any future
development on the site will have to receive approval through issuance of a new Special Use Permit.
Public notice will be given and the neighbors will have an opportunity to speak. He also commented
on speaking with Chancellor Leutze and informing him that if this type of situation occurs in the
future, he would not agree to work out the problem. Chairman Davis said as a resident of the area,
he would not vote on future development without a new special use process.
Mr. White assured the Commissioners that a mistake of this type would not occur in the
future.
Chairman Davis stated that several people have been sworn in to testify, and he opened the
floor to receive speakers.
Mr. Bill Rivenbark, a resident of 5601 Captain’s Lane, spoke on the efforts of the University
to work with the neighborhood to resolve the problems and stated that he was a member of the
Marine Science Neighborhood Advisory Committee. He reported that not all issues had been abated,
but the Advisory Committee will continue to work with the neighborhood to address these concerns.
Mr. John Codington, Jr., a member of the Masonboro Landing Homeowners Association,
presented background information on the permitting process and stated that originally the neighbors
were pleased with the special use process because of the protection that would be provided to the
neighborhood, particularly when university structures can be built in an R-15 Residential District.
Unfortunately, the University began construction, planning, and design work without receiving a
permit. The foundation was dug, contracts were negotiated, connections were made for water and
sewer, electricity was connected, and the building was occupied without a permit. During this entire
process, no neighborhood meetings were held with the residents. When a residential area is to be
developed through a Special Use Permit, local residents are involved; however, this was not true in
this case. If the residents had been informed at the beginning of the project, the design could have
been modified to eliminate the noise and the necessary permits would have been obtained. When the
building was completed, it was no longer appropriate to be located in an R-15 Residential District.
When the HVAC units were turned on, the neighbors began to complain. The residents have met
with several UNCW administration groups on a monthly basis since May 2000, and many
environmental issues have been resolved.
Mr. Codington advised that he and Dr. Dan Baden met on May 3, 2000, from 9:30 P.M. until
11:30 P.M. to test the new shielding. When the HVAC units were operated at a low speed, the noise
was acceptable, but when the units were turned on high, the noise was not acceptable. A meeting of
the Homeowners Association was held two weeks ago to discuss how to resolve this issue. After a
lengthy discussion, the Association has developed the following requests for the Board to consider.
1.Require UNCW to resolve the noise issue.
2. Ensure that this type of situation will not occur in the future. The Homeowners Association
is requesting UNCW to promise not to exceed any current zoning restrictions on future
development on the Masonboro Loop Road site.
In closing, Mr. Codington stated that the Homeowners Association voted to accept the
Board’s decision to grant the modifications to the Special Use Permit if these two requests are met.
The requests have been forwarded to Dr. Baden and Dr. Leutze.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 475
Chairman Davis requested Mr. Jerry Mullins to step forward to comment on the actions taken
by the University to comply to the New Hanover County Noise Ordinance.
Mr. Jerry Mullins, Senior Analyst for Commonwealth Kinetics, reported that the University
contacted Commonwealth Kinetics a year ago to perform noise testing on the property line noise
levels. As a result of this testing, the firm decided on what noise controls should be used to reduce
the sound from the HVAC units. The overall noise level on the property was 68 dBA and since that
time the level has been reduced to 60 dBA. As of this date, there is no place on Captain’s Lane
where a measurable noise can be detected when the HVAC units are operating on a high speed, and
the noise level is at least 3 decibels below the New Hanover County Noise Ordinance of 50 dBA
when the HVAC units are operating at a high speed.
Ms. Sue Mako, a resident of 4331 Avenel Drive, spoke on purchasing a lot at Masonboro
Landing and she expressed concern for the State allowing the building to be expanded from the
18,125 square feet permitted by New Hanover County to 82,880 square feet. When contacting the
State to find out how this happened, she was assured that a large amount of money has been allocated
to construct additional buildings on the site. She urged the Board to take the necessary steps to
protect the neighborhood.
Mr. Tom Strickland, a resident of Captain’s Lane, expressed concern for hearing a loud noise
for three years and stated after discussion with Dr. Leutze, nothing had been done. He suggested
requiring UNCW to correct the problem which they created because it has destroyed a peaceful,
pristine neighborhood. He also asked the Board what will happen if the facility is expanded and the
noise is not controlled. He urged the Board to take steps to correct the problem.
There being no further comments, Chairman Davis requested Mr. Burgess to present Staff
findings:
Staff Planner Burgess entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved based
upon the following findings:
A. Sewer service is provided by New Hanover County, and water service is provided by
the City of Wilmington.
B.The project has direct access from Masonboro Loop Road, which is a State maintained
road.
C.The project will be served by the Myrtle Grove Volunteer Fire Department.
D.The minimal site clearing has been completed. More than 40 acres of the 52 acre tract
will remain undisturbed.
E.A 50 foot buffer of natural vegetation will exist along the property lines.
F.The eastern portion of the site lies within the 100 year flood zone. The buildings are
not located within this area.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The Marine Research and Educational Facility must be operated by the University of
North Carolina at Wilmington’s Center for Marine Science. Colleges, Universities and
related uses are permitted by special use in the R-15 Residential Zoning District.
B.Approximately 82,880 cumulative square feet of building floor area has been
constructed. The project consists of a three winged main building of one and two
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 476
stories in height containing a research area (74,200 square feet of habitable space and
7,000 square feet for mechanical penthouse), a proposed University Police Gatehouse
(480 square feet), and an Estuarine Research Station (1,200 square feet).
C.Parking will be provided in accordance with Section 81 of the New Hanover County
Zoning Regulations.
D.All setbacks and buffer yard requirements will be in accordance with Section 69.11 of
the New Hanover County Zoning Regulations for O&I uses.
E.A pier and dock facility are already located on the site in accordance with County
regulations.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A.Land adjacent and north of the facility is vacant. The property is now or formerly
owned by the North Carolina Lutheran Retirement Center. Land adjacent and south
of the site contains a few residential homes at low density.
B.Significant development is located west of the project area.
4. The Board must find that 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 of New Hanover County.
AThe project will consist of 82,880 square feet.
BAreas adjacent to the Intracoastal Waterway will be left undisturbed.
C.The 1999 New Hanover County Land Classification Plan identifies this area as
Resource Protection. This classification provides for the preservation and protection
of important natural, historic, scenic, wildlife and recreational resources. Compatible
commercial and industrial development may be located within this class as long as
important resources are not adversely impacted.
Chairman Davis asked Mr. White if the University agreed with the findings of fact.
Mr. White concurred with the findings of fact as presented.
Vice-Chairman Greer asked if the expansion of the building, University Police Gatehouse and
Estaurine Research Station had already been constructed.
Planner Burgess responded that these structures have been constructed and the modifications
to the Special Use Permit will bring the University into compliance.
Mr. White assured the Board that the Center for Marine Science Neighborhood Advisory
Committee would continue to work with the neighbors to address any issues that are impacting the
neighborhood as well as explore other ways to reduce the sound.
Commissioner Pritchett asked if the members of the Board would like to hear the results of the
sound test performed by Sergeant Murray.
Chairman Davis requested Sergeant Murray to present the results of the sound test.
Sergeant Murray advised that he and a security guard from the Marine Science Center
conducted a sound test this morning at 9:44 A.M. to test both low and high ranges of the HVAC units.
At 200 yards, the decibel reading was 55 which is below the ambient reading outlined in the New
Hanover County Noise Ordinance. At 1,500 yards on the low side of the HVAC units, the decibel
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 477
reading was 65. On the high side at 200 yards, the decibel reading was 75 and at 1,500 yards the
decibel reading was 47. The area tested was in a resident’s yard where the fencing is placed near Holt
Road.
In closing, Sergeant Murray stated that the noise has been significantly reduced since the last
time he tested the site. All readings were in compliance with the New Hanover County Noise
Ordinance; however, the Ordinance does require the noise level to be no more than 50 decibels from
10:00 P.M. until 7:00 A.M. He advised that he had not tested the site at night.
Commissioner Pritchett asked if the University had agreed to operate the HVAC units on low
during night hours.
Sergeant Murray responded that initially, Staff at the Marine Science Center informed him that
the HVAC system could be operated on one unit at night to reduce the noise. At that time, it was
agreed to operate one unit during the night.
Chairman Davis closed the Public Hearing.
After hearing no further comments from the members of the Board, Chairman Davis called for
a motion to approve or disapprove the modifications to the Special Use Permit.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the
modifications to the original Special Use Permit subject to the following conditions: (1) UNCW will
make a continuing commitment to work with the neighbors through Center for Marine Science
Neighborhood Advisory Committee to resolve the noise problem and (2) UNCW will guarantee that
further construction must be R-15 Residential compliant or go through the special use process.
Vice-Chairman Greer asked Mr. White if the HVAC system could be operated with one unit
during night hours.
Mr. White responded that when the HVAC units were screened, the system was set to operate
at low during the night. A computer scanner has been placed on the system and the status of the level
of operation is checked every 15 minutes. Staff is in the process of altering the software to check the
operation level every 5 minutes.
Vice-Chairman Greer asked Commissioner Caster to add the condition that from 8:00 P.M.
until 8:00 A.M., the HVAC system will operate on low power.
County Attorney Copley requested the Board to consider requiring a noise report on a
quarterly or monthly basis in order to have documentation of the noise if complaints are received from
nearby residents.
Commissioner Caster stated if the noise level is in compliance with the New Hanover County
Ordinance, the Board should have enough faith in the University to know that the system will be
monitored.
Commissioner Boseman stated that since the County Attorney feels this condition should be
included in the motion, she would recommend adding the condition and would be glad to make a
substitute motion.
Commissioner Caster agreed to add the condition.
Commissioner Pritchett suggested performing a noise test quarterly for one year.
Vice-Chairman Greer agreed to the condition and asked if a professional firm could be hired
by the University to perform the noise tests on a quarterly basis for one year.
Amended Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to
approve the modifications to the original Special Use Permit subject to the following conditions: (1)
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 478
UNCW will make a continuing commitment to work with the neighbors through the Center for Marine
Science Neighborhood Advisory Committee to resolve the noise problem; (2) UNCW will guarantee
that any further construction must be R-15 Residential compliant or go through a new special use
process; (3) the HVAC system will be operated on low from 8:00 P.M. until 8:00 A.M.; and (4)
UNCW will hire a consultant to perform noise tests on a quarterly basis for one year. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the modified Special Use Permit is hereby incorporated as a part of the minutes and
is contained in SUP Book III, Page 11.
PUBLIC HEARING TO CONSIDER A REQUEST BY WAYNE CARSWELL FOR
ELIZABETH DEES AND WILLARD STONE HEIRS TO REZONE 4.0 ACRES OF
PROPERTY LOCATED IN THE 5800 BLOCK OF CAROLINA BEACH ROAD FROM R-15
RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z720, 12/00)
Chairman Davis opened the Public Hearing.
Senior Planner Baird Stewart presented slides and a map of the subject property located on
the west side of Carolina Beach Road between Sanders Road and Grand Champion Road. A slide was
also presented showing the Bowens Chapel Church property since a request was made at the Planning
Board meeting by the members of the church to rezone the B-2 portion of the property to R-15
Residential because the zoning line runs through the center of the building. The Planning Board
recommended approval of the B-2 Highway Business zoning and approval of rezoning the portion of
the Bowens Chapel Church property located in the northwest corner of Sanders Road and Carolina
Beach Road to R-15 Residential.
The Planning Staff has recommended denial of the B-2 Highway Business rezoning because
the existing commercial area around Sanders Road provides adequate commercial opportunities in
close proximity to area residents. Further expansion of the B-2 District is not consistent with the
Comprehensive Land Use Plan for commercial development, and if approved it will add to strip
development which will negatively impact traffic flows along Carolina Beach Road.
Chairman Davis asked if the petitioners would like to speak.
Mr. Wayne Carswell, advised that he was one of six petitioners, Mr. Tom Dees, Ms. Mary
LeRay, Mr. Anthony Stone, Mr. Robbie Stone, Ms. Connie Ortego, and Mr. Bobby Stone. He stated
that the rezoning was being requested because the land was not suitable for residential development
and the property has been used for commercial purposes from 1939 until 1956 as a restaurant, when
it burned and was never rebuilt. With a majority of surrounding properties being zoned B-2 and used
for intense commercial purposes, the petitioners feel the property should be rezoned to B-2 Highway.
The petitioners are aware of the impact to Equestrian Estates and other residential areas. With the size
of the site, adequate buffering can be furnished to protect surrounding residential properties.
In closing, Mr. Carswell noted that no opposition had been expressed by the neighbors and he
requested the Board to consider the B-2 Highway Business zoning for the 4.0 acres. He also noted
that the property is located in a limited transition area and would not be practical for residential use.
Chairman Davis asked if anyone from the public would like to speak.
Ms. Lilly Leonard, speaking on behalf of Bowens Chapel, advised that the property line runs
through the middle of the church, and she requested the Board to rezone the portion of the Church
property from B-2 Highway Business to R-15 Residential to prevent any type of structure from being
built between the property and the Chapel.
Mr. Tom Dees, a resident of 330 Mohican Trail, spoke on hearing that the area around
Monkey Junction south was becoming a retail hub and stated this area had always been a retail hub
with a drive-in theater, Drew’s Service Station, Plantation Supper Club, George Piner’s Grocery
Store, the Old Delta, Tot-Em-In Zoo, Guy’s Service Station and Byrd’s garage. He requested the
Board to approve the B-2 Business Highway zoning because no one would build a home for their
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 479
family with a Nursing Home and the Tot-Em-Zoo across the street, a four lane highway in front of the
house, and a trailer park and cypress stump pond in the back yard.
Chairman Davis expressed concern for allowing strip zoning to move further down Carolina
Beach Road and stated the proposed use was not in compliance with the Comprehensive Land Use
Plan. He noted that an Office and Institution District would have been a better transitional use.
Mr. Frank A. LeRay, a resident of 305 East Blackbeard Road and a petitioner, reported that
the narrow strip owned by Dr. Sobol is a 24-foot easement that was originally owned by the Blueberry
Pond Swimming and Racquet Club which is no longer in business; however, the swimming pool and
tennis club are still behind the site. The next 60 feet is also an easement, which means that combining
the two easements will provide an 84-foot buffer zone. After referencing the surrounding commercial
uses, Mr. LeRay stated that the property was no longer suitable for residential use, and he requested
the Board to approve the B-2 Highway Business zoning.
Mr. Robbie D. Stone, one of the petitioners and a son of Willoughby Stone who owned the
property, stated that the property was undesirable for residential development. He advised that his
father passed away two years ago, and it was his desire to leave the property to his children to be sold
after his death. He requested the Board to rezone the property to B-2 Highway Business.
Chairman Davis closed the Public Hearing.
After hearing no further comments from the members of the Board, Chairman Davis requested
a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to rezone the 4.0
acres of property located in the 5800 block of Carolina Beach Road to B-2 Highway Business and to
approve rezoning the portion of the Bowens Chapel Church property located in the northwest corner
of Sanders Road and Carolina Beach Road, currently zoned B-2 Highway Business, to R-15
Residential as recommended by the Planning Board. Upon vote, the motion carried by a 3 to 2 vote
as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO.4 OF NEW HANOVER COUNTY, NORTH CAROLINA,
ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning
Book I, Section 4, Page 61.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING STAFF TO AMEND
THE ZONING ORDINANCE TABLE OF PERMITTED USES BY DESIGNATING
CIRCUSES, CARNIVALS, FAIRS, CONCERTS AND SIDE SHOWS (TO NO MORE THAN
30 DAYS DURATION PER YEAR) AS A PERMITTED USE IN THE A-I AIRPORT
INDUSTRIAL ZONING DISTRICT (A-307, 3/1)
Chairman Davis opened the Public Hearing.
Senior Planner Baird Stewart reported that the applicant proposes to amend the Table of
Permitted Uses to permit Circuses, Carnivals, Fairs, and Side Shows of no more than 30 days duration
per year as a permitted use in the A-I Airport Industrial Zoning District. This amendment could be
accomplished by adding a “P” in the appropriate column of the permitted use table.
The proposed text is the result of a proposed circus event associated with the Azalea Festival
that will be held at the Wilmington International Airport. Section 104-3 of the New Hanover County
Zoning Ordinance allows the Building Inspector to issue temporary building permits for a period not
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 480
exceeding one month for bazaars, carnivals or religious revivals. The proposed text amendment is
required since Circuses, Fairs, Carnivals and Side Shows are a specified use in the permitted use table,
and this use is only permitted in the PD, R-15, B-1, B-2 and I-2 districts. Since the fair grounds on
Carolina Beach Road are slated for development in the near future, it appears that other similar events
will require use of the Airport facility, which is zoned A-I Airport Industrial. Any events being held
at the airport will require approval by the Airport Authority.
Senior Planner Stewart reported that the Planning Board voted to approve this change at the
March 1, 2001 meeting. The amended section will read as follows:
A temporary building permit may be issued by the Building Inspector for a period not
exceeding six (6) months during alterations or partial occupancy of a building pending its
completion. A temporary building permit may be issued by the Building Inspector for a period
not exceeding one (1) month for bazaars, carnivals, or religious revivals. Such temporary
permit may require such conditions and safeguards to protect the safety of the occupants and
as well as the concurrence of the Airport Authority for these uses in the A&I
the public
District
.
Discussion was held on how the text amendment would prevent a property owner in a
residential area from holding a circus or carnival in the neighborhood. Senior Planner Stewart
informed the Board that circuses, fairs, and carnivals are already permitted in PD, R-15, B-1, B-2, and
I-2 Districts.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the
zoning text amendment for the permitted use table as recommended by the Planning Staff. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 25.
PUBLIC HEARING ON THE 2001 NORTH CAROLINA SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM-SCATTERED SITE HOUSING
CATEGORY PROGRAM (SSHP)
Chairman Davis opened the Public Hearing.
Senior Planner Baird Stewart reported that the Scattered Site Housing category of the N. C.
Small Cities CDBG Program must include activities with a majority of funds directed toward
improving, preserving or developing residential areas; address the national objective of benefitting low
and moderate income persons; and/or aid in the prevention or elimination of slums and blight. The
County is 1 of 33 other counties in the State that is eligible to receive $400,000 of non-competitive
funds which will be used to implement a housing program that will benefit very low-income owner
occupied households. The beach communities as non-entitlement municipalities within the County are
eligible to receive a portion of these funds if they have very low-income households that meet
eligibility requirements. In order to receive the money, a second Public Hearing will have to be held
on March 26, 2001 to solicit applications.
Commissioner Pritchett referenced the letter from Governor Hunt which states that the award
is contingent upon the receipt of the 2001 CDBG funds from HUD, and she asked if these funds were
received by the State.
Senior Planner Stewart responded that Staff Planner Wanda Coston contacted the State and
was assured that CDBG funds had been received from HUD.
Chairman Davis opened the Public Hearing and asked if anyone from the public would like to
speak.
Hearing no comments, Chairman Davis closed the Public Hearing. He announced that another
Public Hearing would be held on March 26, 2001.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 481
APPROVAL OF CONSTRUCTION OF WETLAND IN AIRLIE GARDENS BY THE
DEVELOPER OF AIRLIE FOREST
Project Engineer, Greg Thompson, reported that the developer of Airlie Forest has requested
permission to construct a wetland in Airlie Gardens as a mitigation project for impacting wetlands in
Airlie Forest. This project would provide the following benefits to the County:
?
Construction of an educational wetland in Airlie Gardens at no expense to the County.
?
Provision of a $10,000 stewardship fee to the County.
?
Solution of a drainage problem on the interior side of Airlie Road
?
Water quality treatment of storm water runoff.
?
Ability for the developer to move forward with his project.
The Airlie Gardens Foundation Board of Directors has approved the project, and it will be
incorporated into the Airlie Master Plan. This project is under a tight time frame because the
developer needs to move forward as quickly as possible, and the County wants the work completed
before opening Airlie Gardens six days a week. The developer will be required to comply with an
appropriate County agreement, and the design will have to be approved by the County Engineer and
Superintendent of Airlie Gardens. The design work is in progress and actual construction should begin
immediately after approval by the Board of County Commissioners.
Chairman Davis asked if anyone from the public would like to speak.
After hearing no comments from the public or members of the Board, Chairman Davis called
for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to authorize Staff
to move forward with the wetland construction project in Airlie Gardens subject to completion of a
legal agreement and acceptable design. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF REVIEW OF STATUS OF AND REVIEW OF PERMITTING
CONDITIONS FOR MASON INLET RELOCATION PROJECT
Project Engineer Greg Thompson reported that Staff has been involved with permitting
conditions for the Mason Inlet Relocation project and stated that several issues need to be resolved.
A summary from the draft Biological Opinion was included in the agenda packet to show the Board
the types of conditions that could be imposed. The requirements deal with endangered species and
will require testing and monitoring of the seabeach amaranth, sea turtles, and piping plovers. In
addition, the County has offered additional measures for the implementation of studies and programs
to better educate the public and protect certain species of birds.
Chairman Davis referenced the number of work sessions and meetings that have been held in
trying to obtain the necessary permits to move forward with the Mason Inlet Relocation Project and
stated that the Board is being requested to decide if the County should continue to try to obtain the
permits.
Further discussion was held on the decision to be made by the Board. Commissioner Caster
advised that the Board has decided to move forward with the Mason Inlet Relocation project.
Chairman Davis agreed with Commissioner Caster and stated for clarification that Staff is
requesting the Board to continue the process to obtain the necessary permits because it would be
premature to award the contract to the lowest bidder without the necessary permits. He also said if
the Board decides to move forward with the project, the Board will be requested to approve a budget
amendment in the amount of $50,000 to monitor the piping plovers. If the piping plover monitoring
funds are approved, and the County cannot obtain the necessary permits, the funding spent to date will
be for nothing.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 482
Project Engineer Thompson assured the Board that the Corps of Engineers will issue the
permit; however, the terms and conditions of the permit may not be agreeable to the Board.
Chairman Davis asked if any members of the Board would like to speak.
Commissioner Pritchett spoke on understanding that if piping plovers are seen in this area, it
will be in winter months and she asked why the County should begin the monitoring process before
the winter season.
Vice-Chairman Greer stated that the Mason Inlet Relocation project is an on-going project
until the Board votes to stop the project. He also noted that the Corps of Engineers indicated in a
letter that the U. S. Fish and Wildlife Service could not legally require New Hanover County to
monitor the piping plovers prior to the project being permitted. The letter also requested the U. S.
Fish and Wildlife Service to respond to the Biological Opinion by March 9, 2001.
Commissioner Boseman asked if anybody knew why the permits could not be obtained.
Ms. Karyn Ericson explained that the major delay was because of the piping plover. During
last year, the piping plover was proposed to be included in a critical habitat plan. Since the County
does not have data on the piping plover, the U. S. Fish and Wildlife Service has agreed to write a
Biological Opinion to call for a jeopardy decision. The additional extension of time was not requested
by the County but by the U.S. Fish and Wildlife Service from the Corps of Engineers who has
extended the time frame until March 13, 2001. Some of the terms and conditions listed on Pages 41-
46 are not acceptable to the County and the Corps has requested other changes. The U. S. Fish and
Wildlife Service is responding to this request by the Corps.
Commissioner Caster asked if it would be acceptable to Staff for the Board to vote on
accepting the preliminary conditions as part of the anticipated permit and direct Staff to continue to
move forward with the project.
Project Engineer Thompson explained that prior to issuance of a permit, the Corps of
Engineers will issue a draft permit containing the language that will identify the conditions that will
have to be agreed upon by the County. Currently, the U. S. Fish and Wildlife Service is identifying
the needs, and these conditions will be placed in the draft document by the Corps of Engineers. It
would be premature to agree to the permitting conditions without seeing what is being required.
Commissioner Caster asked if it would be appropriate to make a motion to direct Staff to move
forward with the Mason Inlet Relocation project.
Vice-Chairman Greer responded that the Board had already directed Staff to move forward
with the project; therefore, he would suggest asking Staff to continue to work toward obtaining the
permits. He expressed concern for this item being placed on the agenda without sufficient information
for the Board to take action.
Ms. Ericson advised that it would be premature to take action because the provisional permit
will incorporate some items that are not listed in the agenda packet. The County can offer some
conservation measures to address the study for the piping plover on a month to month basis which will
allow the County to stop the study if something should change in the permit. The language would
protect the County from spending $50,000 in case the permit was not issued.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to direct Staff to
continue moving forward with the permitting process for the Mason Inlet Relocation project and deny
funding for monitoring the plover study.
Chairman Davis noted that a number of people were present who would like to speak, and
he opened the floor to receive comments.
Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group, advised that 1,044
property owners have committed to pay for the Mason Inlet Relocation project. The Board was urged
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 483
not to abandon the pursuit of completing the project this summer, which is vital to the Shell Island
Resort and the northern end of Wrightsville Beach. He spoke on Staff’s frustration with the
complexity of the project and stated that the Biological Opinion was a position taken by the U. S. Fish
and Wildlife Service, and the County was not required to comply to all requests. The U. S. Fish and
Wildlife Service will appeal the permit regardless of whether a $50,000 study is approved for
monitoring the piping plover. The Board of County Commissioners should stay on course and work
aggressively with the U. S. Corps of Engineers to obtain the permit and be prepared to fight an appeal
filed by the U. S. Fish and Wildlife Service. It is felt that the appeal can be won; therefore, the County
should not spend $50,000 to provide data to the U. S. Fish and Wildlife Service about a bird that may
or may not ever appear in this area.
In closing, Mr. Pinkston passed out a picture depicting what Shell Island would look like if the
Mason Inlet Relocation project is not accomplished. He urged the Board to push ahead to obtain the
permit from the Corps of Engineers.
Mr. Forrester Shields, President of Shell Island Homeowners Association for the past 15 years,
spoke in favor of the motion made by Commissioner Caster and the comments made by Mr. Pinkston.
He informed the Board that 168 unit owners at Shell Island have spent over $2 million in trying to
make this project become a reality. The property owners have been assessed four times, dues have
increased, and a Small Business Loan has been obtained in the amount of $1.4 million to protect Shell
Island Resort; however, if the dredging project is not completed, the entire northen end of Wrightsville
Beach will suffer.
In closing, Mr. Shields noted that the window of opportunity has become narrow, and the time
to act is now. He urged the Board to move forward with the project.
Mr. Buck O’Shields emphasized the importance of understanding that if the Mason Inlet
Relocation project is not performed, the results will be detrimental to the environment of the northern
end of New Hanover County. Approximately two years ago, the CAMA Land Use Plan was updated
and the quality of water was a key part of the plan. When Mason Inlet filled in with sand, Pages
Creek, Futch Creek, and Howe Creek began to develop sandbars and the water quality dropped
because water could not flush from these creeks into the waterway. The County has spent a significant
amount of money to remove sandbars to improve the water quality in these creeks. With inlets being
a major factor affecting water quality and economic development, the Board should move forward as
quickly as possible with the project.
Ms. Tracy Skrabal, a Senior Scientist for the Coastal Federation, expressed concern for the
Commissioners trying to move forward without hearing from environmental experts on many questions
that have not be objectively answered. She presented the following issues of concern:
1. Has New Hanover County gone through the analysis of other alternatives, particularly in the
light of the economics and longevity of the project? One option to consider is the possibility
of not dredging the channel behind Figure Eight Island to 17 feet which will have an impact
on the rate of inlet migration. As of this date, no one has addressed this issue.
2. There are a number of environmental concerns connected with the dredging relocation project.
With the number of environmental experts, the Board has not heard directly from the Corps
of Engineers or other experts regarding the direct, indirect, secondary, and cumulative
environmental concerns. It is upsetting to see on the news that Assistant County Manager
Dave Weaver has said the project would improve water quality and increase the habitat, which
is not the position held by the environmental community, biologists, and experts in water
quality.
In closing, Ms. Skrabal stated that it was disappointing not to hear from the experts so the
Board can decide what is really right for Mason Inlet and the northern end of Wrightsville Beach. The
taxpayers would feel better if all sides were objectively presented in case the County does not receive
reimbursement from the benefitted property owners. This would assure the citizens that the project
is needed to keep Shell Island Resort from falling into the water.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 484
There being no further comments from the public, Chairman Davis referenced the motion on
the floor and requested separate motions on whether to continue to pursue the permitting process,
award the bid, or approve the piping plover study.
Amended Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to
continue moving forward with obtaining the necessary permits for the Mason Inlet Relocation project.
Vice-Chairman Greer expressed concern for Ms. Skrabal feeling that the Board has moved too
quickly on the relocation project and stated that he personally has been working with members of the
Board for the past six years to move forward with the project.
Commissioner Pritchett expressed deep concern about the project, and stated that she had not
seen any written document reflecting that New Hanover County will be reimbursed. She also noted
that after standing on the roof of Shell Island Resort, it was obvious that something must be done;
however, the Board has not been informed about other options. The options of doing all or nothing
have been provided, but no options in between have been presented.
Chairman Davis spoke on being unsure about federal requirements in the future for the project.
He stated that when the project began, there was concern for the sea turtle nesting seasons and now
there is concern for the piping plover and manatee. At this point, no one knows what additional new
federal regulations will be imposed on the project.
County Attorney Copley explained that the assessment process is specifically outlined in North
Carolina General Statutes. Once the project is completed and an actual total cost figure has been
determined, that cost will be divided by the number of property owners according to the benefit
received by each property owner. For example, the property owners living closer to the inlet will pay
more than those living further away. The General Statutes also outline how to calculate the benefit
for each property owner. A model was developed for the project by Ms. Ericson, and each benefitted
property owner has received a preliminary amount of the assessment. A Public Hearing must be held
to allow for public input before the assessments can be imposed. The County will not be reimbursed
until the project is completed and assessment payments have been received.
Project Engineer Greg Thompson advised that a 100 page report was prepared on studying
numerous scenarios between doing nothing and performing a full blown project. He advised that the
report was submitted to the regulatory agencies, and he offered to provide a copy of the documents
to the Board.
Commissioner Pritchett spoke on reading a summary of the report and stated that very few
options were presented between doing nothing and deciding to move forward with relocating the inlet.
She said as a Commissioner who ran on an environmental platform, she had spent a great deal of time
researching this project and at this point, she was not ready to move forward or stop the project until
she was better informed on in-between options.
Project Engineer Thompson explained that three outside uninvolved parties approved by the
regulatory agencies reviewed the project. It was the recommendation of these parties that the project
be performed as a whole, not in parts so stability of the inlet could be maintained.
Chairman Davis called for a vote on the MOTION to continue to move forward with obtaining
the necessary permits for the Mason Inlet Relocation project. Upon vote, the MOTION CARRIED
by a 4 to 1 vote as follows:
Ayes:Vice-Chairman Greer
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 485
Commissioner Pritchett stated that she did not vote on the motion because she did not feel that
adequate information had been presented on in between options.
Chairman Davis advised that under the rules and procedures adopted by the Board, when a
Commissioner does not cast a vote it counts as a “yes” vote.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Davis, to deny approving the
budget amendment in the amount of $50,000 to fund the monitoring of the piping plover study. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
AWARD OF CONTRACT #01-0280 DREDGE WORK FOR MASON INLET RELOCATION
PROJECT AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2001-31
Chairman Davis advised that Staff has recommended not awarding the contract until the
permits have been received.
Project Engineer Greg Thompson reported that on February 14, 2001, New Hanover County
received three (3) bids for the relocation of Mason Inlet. The low bidder for this project was Koester
Equipment, Inc. with a bid amount of $4,985,076.51. Due to the limited time frame established by
the regulatory agencies for completion of this work, it is imperative that contracts are in place. The
current window for construction is April 9, 2001 to July 31, 2001. In order to issue a Notice to
Proceed on April 9, an executed contract with bonds and appropriate insurance will need to be in hand.
This process typically takes three to four weeks. Under no circumstance will actual construction start
without the appropriate permits. In fact, the contract will be terminated in the event that all permits
are not obtained.
Chairman Davis expressed concern for awarding the contract without the necessary permits.
Motion:
After further discussion of the County not being held liable if the permits are not granted,
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the contract and
associated budget amendment with Koester Equipment, Inc., the lowest responsible bidder, in the
amount of $4,985,076.51 with the proviso that if the permits are not obtained, no work will begin on
the project and no liability will be incurred by the County. Upon vote, the MOTION CARRIED by
a 4 to 1 vote as follows:
Ayes:Vice-Chairman Greer
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
A copy of the contract is on file in the Legal Department.
Budget Amendment #2001-31 - Room Occupancy Tax Fund/Mason Inlet Relocation Capital
Project
ADJUSTMENTDebitCredit
Room Occupancy Tax Fund:
Appropriated Fund Balance $6,415,646
Transfer of Capital Projects $6,415,646
Mason Inlet Relocation Capital Project:
Transfer in from ROTS Fund $6,415,646
Capital Project Expense $6,415,646
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 486
Explanation:
To budget additional transfer from Room Occupancy Tax Fund to the Mason Inlet
Relocation Capital Project to pay for the relocation of the inlet.
CLOSED SESSION
Chairman Davis advised that County Attorney Copley has requested a Closed Session pursuant
to N.C.G.S. 143-318.11(4) to discuss matters relating to location or expansion of industries or
businesses in the area served by the public body and pursuant to N.C.G.S. 143-381(3) to consult with
the County Attorney about pending litigation.
Chairman Davis called for a motion to convene to Closed Session.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to convene to
Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 9:00 P.M.
Chairman Davis reconvened to Open Session at 9:28 P.M. and reported that no action was
taken in the Closed Session.
ADDITIONAL ITEMS BY COUNTY COMMISSIONERS
Discussion of the Confederate Flag Issues at the Cape Fear Museum
Chairman Davis informed the Board that he discussed the Confederate flag issue with Ms.
Sandra Criner, Chairman of the Museum Board of Directors, and was told by Ms. Criner that this item
was tabled at the last meeting; however, the Museum Directors understand that if a recommendation
is made, it will have to be presented to the Board of County Commissioners for final approval.
Assistant County Manager Patricia Melvin commented on attending the last meeting of the
Museum Board of Directors and stated that this item was tabled until Property Management can
provide a cost figure for constructing the cement base and erecting the flag pole. There is not
sufficient money in the Museum budget to perform the project, but there may be funding in the
Property Management budget to pay for the cost involved. This item will be heard by the Museum
Board of Directors on the first Thursday in April.
Commissioner Boseman stressed the importance of nipping this item in the bud and suggested
instructing the Museum Board of Directors not to proceed with the project.
Vice-Chairman Greer stated that in his opinion this issue will only create controversy in the
community and said if the Commissioners can stop this process, it would be an advantage to all parties
involved.
Chairman Davis stressed the importance of allowing the Museum Board of Directors to present
a recommendation before taking any action because this item may never be presented to the Board of
County Commissioners.
Commissioner Pritchett advised that she had discussed this matter with some of the Museum
Directors and voiced her concern about bringing up this subject immediately after celebrating Martin
Luther King Day and Black History Month. She suggested that this item should be tabled for at least
six months and the Directors seemed to agree with the idea.
Commissioner Boseman stated that she felt six months would not make a difference and she
expressed concern for this issue becoming more controversial.
Commissioner Pritchett agreed but stated this was a way not to dictate direction to the
Museum Board but to give the Directors time to reconsider their actions. Hopefully, this issue will
be resolved in six months.
MINUTES OF REGULAR MEETING, MARCH 12, 2001 PAGE 487
Approval of Contract #01-0247 for Declaration of Covenants, Conditions, and Restrictions to
Establish a Conservation Area on the Blue Clay Road Jail Site
Project Engineer Greg Thompson advised that in December 2000, a stop work order was
issued for the Jail project because of various environmental violations. Most of these issues have been
resolved with the exception of the 401/404 wetland issue. An application has been submitted to the
State and U. S. Army Corps of Engineers for approval. Part of the application is for New Hanover
County to offer 20 acres of land to become a conservation area to preserve wetlands, uplands,
vegetation, and wildlife. The land will be restricted to passive recreational use. In order to move
forward with establishing the conservation area, a contract has to be approved outlining the conditions
and restrictions on the 20-acre site. The Board was requested to approve the contract.
Motion:
After discussion of the contract being reviewed by the Legal Department and no County
funding being involved, Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to
approve Contract #01-0247 in the form of a declaration with the U. S. Army Corps of Engineers,
Wilmington District, for establishing the conservation area on the Blue Clay Road jail site, and to
authorize the Chairman to execute the necessary documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 10:00 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board