2002-11-12 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 371
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, November 12, 2002,
at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third 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; County Manager, Allen O’Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell
phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board
of County Commissioners.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Bill Spencer, Senior Pastor of Wesley Memorial United Methodist Church, gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis requested the Board to remove the minutes of the Closed Session which will be resubmitted
at a later date.
After hearing no comments from other members of the Board, Chairman Davis called for a motion to approve
the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the Consent
Agenda as presented with the exception of the minutes from the October 7, 2002 Closed Session. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings:
Regular Meeting, September 16, 2002
Regular Meeting, October 7, 2002
Regular Meeting, October 21, 2002
Adoption of Resolutions to Add Roads in Ogden Park and Farrington Farms Subdivision to the N.C. Highway
System
The Commissioners adopted resolutions to add the following roads to the State Highway System:
Ogden Park Drive West and Ogden Park Drive East (929-N)
Farrington Farms Drive, Daybreak Lane, Olde Well Loop, Myric Court & Buckhurst Court in the Farrington
Farms Subdivision (971-N)
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book
XXVIII, Page 2.1.
Ratification of Proclamation Declaring November 10, 2002 as " in New Hanover
"Westfield Works Wonders Day
County
The Commissioners ratified a proclamation declaring November 10, 2002 as “Westfield Works Wonders Day”
in New Hanover County as a salute to the non-profit groups who participate in Westfield Shoppingtown Independence
Mall’s corporate charity event to enhance their services to the community.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 2.2.
Adoption of Proclamation Declaring November as in New Hanover County
“Adoption Awareness Month”
The Commissioners adopted a proclamation declaring November as “Adoption Awareness Month” in New
Hanover County to recognize the value of adopting children in need of permanent homes with loving families.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 2.3.
Acceptance of Grant from the State Board of Elections and Approval of Associated Budget Amendment #03-0065
The Commissioners accepted a grant in the amount of $5,508 from the State Board of Elections to help fund
the establishment of additional one-stop absentee voting sites and approved the associated budget amendment. The funds
will be used to offset temporary salary costs incurred for this service. No County match is required and no new County
positions are required.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 372
Budget Amendment #03-0065 - Board of Elections
Adjustment Debit Credit
State Board of Elections Grant $5,508
Temporary Salaries $5,508
Explanation: To budget a grant received from State Board of Elections for a One-Stop Absentee Voter Site.
Approval of Budget Amendment #03-0060 - Department of Aging
The Commissioners approved the following budget amendment:
Budget Amendment #03-0060 - Department of Aging
Adjustment Debit Credit
Aging/Senior Center:
Other$5,362
Administration: $3,700
Property Management:
Departmental Supplies$1,662
Explanation: To budget donations to fund a temporary switchboard position for ten hours per week and fund
one-half the cost of an ice maker for the Senior Center Nutrition site. Donations are from citizens using the
services provided by the Senior Center.
Approval of Budget Amendment #03-0061 - Department of Social Services - Temporary Aid to Needy Families
(TANF)
The Commissioners approved the following budget amendment:
Budget Amendment #03-0061 - Department of Social Services
Adjustment Debit Credit
Work First Family Assistance (WFFA):
County Issued Checks$70,000
Work First Diversion Assistance$70,000
Explanation: To budget additional Work First Family Assistance (WFFA) federal dollars. No additional County
funds are required.
Approval of Budget Amendment #03-0062 - Health Department/Health Check Program
The Commissioners approved the following budget amendment:
Budget Amendment #03-0062 - Health Department
Adjustment Debit Credit
Partnership For Children Grant $5,250
Salaries and Wages $6,249
Social Security Taxes $ 400
Retirement-Local Govt. Employee $ 200
Long-Term Disability Insurance $ 20
Departmental Supplies $1,319
Employee Reimbursements $ 100
Employee Reimbursement/Uniforms $ 250
Training & Travel $ 150
Explanation: To budget additional Partnership for Children Grant funds for the Health Check Program. Total
grant funds received to date are $20,250.
Approval of Budget Amendment #03-0063 - Health Department /Partnership For Children
The Commissioners approved the following budget amendment:
Budget Amendment #03-0063 - Health Department
Adjustment Debit Credit
Partnership For Children Grant $32,750
Salaries and Wages $35,625
Social Security Taxes $ 2,000
Retirement-Local Government Employee $ 1,000
Long-Term Disability Insurance $ 80
Telephone Expense $ 120
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 373
Budget Amendment #03-0063 - Health Department (Continued)
Adjustment Debit Credit
M & R - Equipment $ 100
Printing Charges $ 250
Departmental Supplies $3,460
Dues & Subscriptions $ 25
Employee Reimbursements$ 500
Employee Reimbursement/Uniforms $ 500
Training & Travel $1,000
Explanation: To budget additional Partnership for Children Grant funds. Total grant funds received to date are
$82,750.
Approval of Budget Amendment #03-0064 - Health Department/Smart Start For Asthma
The Commissioners approved the following budget amendment:
Budget Amendment #03-0064 - Health Department
Adjustment Debit Credit
Partnership For Children Grant $6,500
Salaries and Wages $7,822
Social Security Taxes $ 576
Retirement-Local Government Employee $ 352
Long-Term Disability Insurance $ 16
Medical Insurance Expense $1,455
Printing Charges $ 50
Departmental Supplies $ 686
Employee Reimbursements $ 50
Training & Travel $ 125
Explanation: To budge the balance of FY 2002-2003 Smart Start for Asthma Grant award. Total amount of
grant is $13,000. An amount of $6,500 was included in the FY 2002-2003 adopted budget.
Approval of Budget Amendment #03-0067 - Courts/Cape Fear Memorial Foundation (CFMF)-Juvenile Crime
Prevention
The Commissioners approved the following budget amendment:
Budget Amendment #03-0067 - Courts
Adjustment Debit Credit
Cape Fear Memorial Foundation Grant $11,163
Contributions From Southeastern Center$10,000
Salaries and Wages $12,037
Social Security Taxes $ 1,018
Retirement-Local Government Employee $ 731
Medical Insurance Expense $ 7,349
Long-Term Disability Insurance $ 28
Explanation: To budget additional Cape Fear Memorial Foundation Grant funds and a contribution from the
Southeastern Center for a Juvenile Crime Prevention position. This will reestablish a grant-funded position that
was eliminated with the downsizing during FY 2001-2002.
Approval of Budget Amendment #03-0068 - Jail
The Commissioners approved the following budget amendment:
Budget Amendment #03-0068 - Jail
Adjustment Debit Credit
U.S.Marshall Service-CAP $140,000
Capital Outlay $140,000
Explanation: To budget funds received from the U.S. Marshall Service for the purchase of video arraignment
equipment and an AFIS fingerprint system.
Approval of Budget Amendment #2003-13 - Sheriff -Controlled Substance Tax/Firing Range Capital Project
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 374
Budget Amendment #2003-13 - Sheriff
Adjustment Debit Credit
Controlled Substance Tax - Sheriff:
Extended Project Expense $27,000
Transfer to Capital Projects $27,000
Sheriff's Firing Range Capital Project:
Transfer In From Controlled Substance Tax $27,000
Capital Project Expense $27,000
Explanation: Transfer in the amount of $27,000 from Controlled Substance Tax funds to provide increased
security for the Sheriff's Firing Range Capital Project as approved by the Sheriff.
PRESENTATION BY DIRECTOR OF THE CAPE FEAR MUSEUM
Director of the Cape Fear Museum, Ruth Haas, reported that part of the strategic planning for the Museum is
to recognize the importance of managing its collections and making it more available to the citizens. In an effort to
accomplish this goal, a World War II website has been developed that is now reaching an international audience. The
Museum is also proud to announce that the first annual Cape Fear Museum Calendar has been published and was
produced with private dollars. The calendar features 56 items from the Museum’s collection and focuses on historic
flags. It would be a wonderful gift for Christmas and is available in the Museum Gift Shop.
A copy of the calendar was presented to each County Commissioner.
On behalf of the Board, Chairman Davis expressed appreciation to Director Haas and Staff for the calendar and
the outstanding job being done by the Museum Staff.
ADOPTION OF RESOLUTION CREATING THE NEW HANOVER COUNTY TOURISM DEVELOPMENT
AUTHORITY D/B/A CAPE FEAR COAST CONVENTION AND VISITORS BUREAU
County Attorney Wanda Copley reported that on October 3, 2002, House Bill 1707 regarding the additional 3
percent Room Occupancy Tax was ratified by the General Assembly to designate the Cape Fear Coast Convention and
Visitors Bureau (CVB) as a Tourism Development Authority (TDA). She requested the Board to adopt a resolution to
create the New Hanover County Tourism Development Authority and accept the CVB assets effective November 12,
2002, so the newly created TDA can become operational by January 1, 2003. The Clerk to the Board should be directed
to advertise the positions to recruit persons interested in serving on the TDA with the Board making appointments on
December 16, 2002.
Commissioner Caster spoke on talking with Representative Wright and Representative McComas about some
concerns of the Commissioners and stated that he felt the representatives were willing to work with the Board in
addressing these issues. He suggested moving forward with the process by adopting the resolution and arranging a
meeting with Representative Wright and Representative McComas before the end of January to see if an amendment can
be prepared to address these concerns.
Commissioner Boseman asked Commissioner Caster why she was not invited to attend the meeting with
Representatives Wright and McComas when she serves as the Board’s representative on the CVB Board of Directors.
Commissioner Caster informed Commissioner Boseman that if a meeting had been scheduled, he would have
called and invited her to attend; however, both representatives had to be in Raleigh for the Special Session called by the
Governor.
After commenting on the legislation not becoming effective until February 1, 2003, Commissioner Pritchett
asked if the Board should adopt the resolution before the concerns have been resolved. She referenced Section 34(b)(1),
pertaining to the appointment of five ex-officio members and/or their designees, and stated that the four Mayors and
the Chairman of the Board should not be able to designate a person in the tourism industry to serve on the TDA because
the balance of the Board would be disrupted with no checks and balances.
County Attorney Copley explained that the legislation has been enacted and is now a law. A Public Hearing has
to be scheduled and positions have to be advertised with TDA appointments made before February 1, 2003. The Board
can adopt the resolution and then request the General Assembly to amend the bill pertaining to the ex-officio section to
prevent the designation of a person from the tourism industry. Legally there would be no problem with postponing action
on the resolution. However, from a fiscal point, the Finance Director has some concerns about the transfer of assets and
other financial matters.
Finance Director Shell commented on the number of logistical issues that need to be addressed to create the New
Hanover County Tourism Development Authority d/b/a the Cape Fear Coast Convention and Visitors Bureau and stated
that bank accounts, transfer of funds, and other financial administrative issues must be completed before the operational
date.
After hearing no further comments, Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED to adopt the resolution creating a Tourism Development Authority and direct
the Clerk to the Board to advertise to recruit applicants so appointments can be made on December 16, 2002.
Vice-Chairman Greer advised that he had some concerns about the bills but stated since this legislation is law
the Board should adopt the resolution and continue to work with Representative Wright and Representative McComas
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 375
in amending sections of the legislation.
Chairman Davis asked whether the Clerk to the Board should be directed to advertise to recruit applicants to
fill the positions on the TDA if the resolution is not adopted at this meeting.
County Attorney Copley responded that the Clerk to the Board can begin the advertising process and the
resolution can be adopted on December 2, 2002, with the appointments made to the TDA on December 16, 2002.
Commissioner Boseman SECONDED THE MOTION and stated the resolution should be adopted since the
enabling legislation is a law.
Vote:
Chairman Davis called for a vote on the MOTION made by Commissioner Caster and seconded by
Commissioner Boseman, to adopt the resolution to create the TDA and direct the Clerk to the Board to advertise to
recruit applicants so appointments can be made on December 16, 2002. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 2.4.
Chairman Davis asked if the Board would like to meet with Representative Wright and Representative
McComas as soon as possible to express their concerns.
After discussion, the Board agreed that a meeting should be held as soon as possible and County Manager
O’Neal was requested to contact the representatives to find a convenient date.
REMOVAL OF ITEM 4.6 FROM THE REGULAR AGENDA UNTIL A FUTURE MEETING
Chairman Davis advised that Item 4.6 pertaining to the renaming of Veterans Drive to Halyburton Parkway
has been removed from the agenda to allow the Parks and Recreation Advisory Board and Veteran groups to meet so all
parties will know what type of recognition is being considered to recognize William D. Halyburton, Jr., a Medal of Honor
recipient.
Chairman Davis also advised that a letter was received today from Attorney Kenneth A. Shanklin, requesting
continuance of Item 4.5 regarding modification of an existing Special Use Permit to allow a pet grooming business to
become a convenience store/tea shop. He stated that the Board will consider the continuance request at the time this item
is scheduled to on the agenda.
RECEIPT OF AN AWARD RE-CERTIFYING NEW HANOVER COUNTY AS A STORMREADY
COMMUNITY
Chairman Davis advised that the New Hanover County Department of Emergency Management had spent a
great deal of time and effort in becoming a StormReady Community. New Hanover County was one of the first in the
country to implement the pilot program in 2000 and is now the first County to be re-certified as a StormReady
Community in 2002. Only 25 counties in North Carolina have received this award.
Chairman Davis requested Mr. Tom Matheson, Warning Coordination Meteorologist at the National Weather
Service in Wilmington, to make the award.
Mr. Tom Matheson reported on the number of National Weather Service offices throughout the nation and
stated that it was imperative for local governments to be prepared with responsive emergency procedures when weather
warnings are issued. He advised that New Hanover County is far ahead of other local governments and was quite
successful as a participant of the Project Impact Program. As a result of this effort, New Hanover County met the
requirements to become a StormReady Community and has received the honor of being re-certified as a StormReady
Community through September 2005.
On behalf of the StormReady Advisory Board, Mr. Matheson congratulated the Director of Emergency
Management, Dan Summers and the 911 Center for their leadership, vision, and hard work to be designated as a
StormReady Community until 2005. He also expressed appreciation to the many volunteers who participate in carrying
out emergency procedures during weather events.
Director Summers presented background information on how the emergency management program was
developed through the years, and he expressed appreciation to the National Weather Service for the cooperative manner
in which the local office works with New Hanover County in weather emergency events.
A round of applause was given to Director Summers.
CONSIDERATION OF RESOLUTION APPROVING THE DETERMINATION OF SPECIAL ASSESSMENT
OF COST FOR MASON INLET RELOCATION PROJECT AND SETTING PUBLIC HEARING DATE
Chairman Davis advised that on June 21, 1999 the Board of County Commissioners adopted a preliminary
assessment resolution regarding the relocation of Mason Inlet and the sale of related sand to Figure Eight Island. The
resolution established a methodology for assessing benefitted property owners. Wrightsville Beach property owners
participated according to their proximity to the inlet and their land values. Figure Eight assessments were established
for the sand purchased based on ocean front and non-ocean front properties. The County Commissioners are being
requested to approve the Determination of Cost as required by North Carolina General Statute 153A-193 and to establish
a date for the Public Hearing. After the Determination of Cost has been approved, County Staff will mail notice of the
preliminary assessment amount to all affected property owners showing the deadline for appealing assessments and the
date of the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 376
Finance Director Bruce Shell presented a copy of the letter to be mailed to the property owners and a copy of
the web page reflecting the Mason Inlet Assessment information and stated that notification letters will be mailed to the
property owners on or before November 14, 2002. The property owners will be requested to register to speak by 12:00
Noon on November 27, 2002, if they want to comment at the Public Hearing scheduled for December 2, 2002.
Chairman Davis reported that discussion was held at the Thursday Staff Meeting about whether the additional
$100,000 should be included in the project cost. He explained that the additional cost was an estimate of the interest
that could have been earned on the money removed from the beach renourishment fund for the Mason Inlet Relocation
Project. Since that time a letter has been received from Mr. Frank Pinkston, representing the Shell Island Association
and other property owners at the northern end of Wrightsville Beach, requesting the Board to remove the $100,000 from
the project cost.
Chairman Davis stated that since the Commissioners have not discussed this additional cost, he would like
direction from the Board.
Vice-Chairman Greer advised that since the $100,000 was not an expenditure incurred, but a possible revenue
loss, he would suggest removing this item from the project cost.
Commissioner Pritchett, Commissioner Boseman, and Commissioner Caster agreed with the recommendation
suggested by Vice-Chairman Greer.
After hearing no further comments, Chairman Davis called for a motion to adopt the resolution reducing the
project cost from $6,840,932 to $6,740,932.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution to approve the
Determination of Cost for the Mason Inlet Relocation Project at $6,740,932. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Davis called for a motion to schedule the Public Hearing.
Commissioner Pritchett stressed the importance of the property owners understanding that if they want to speak
at the Public Hearing on December 2, 2002, they must notify the Finance Director by Wednesday, November 27, 2002
at 12:00 Noon to pre-register.
Hearing no further comments, Chairman Davis called for a motion to schedule the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to schedule the Public Hearing on
December 2, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 2.5.
PUBLIC HEARING TO CONSIDER SUBMITTING A GRANT APPLICATION FOR COMMUNITY
TRANSPORTATION PROGRAM FUNDING FOR FY 2003-2004 AND ADOPTION OF RESOLUTION ON
USE OF FUNDS
Chairman Davisopened the Public Hearing.
Ms. Deborah M. Houston, Program Manager of New Hanover Transportation Services (NHTS), advised that
New Hanover County is eligible to obtain grant funding from the North Carolina Department of Transportation
(NCDOT) for administrative, capital and technology assistance in the operation of NHTS. A grant application is being
submitted in the amount of $420,694 for the upcoming fiscal year. These funds include: 1.) $244,291 in administrative
assistance; 2.) $170,703 in capital assistance for the replacement of three vans and a mini-bus; and 3.) $5,700 in
technology assistance for replacement of two computers/printers. Local matching funds will total $54,283 and will be
included in the FY 2003-2004 budget request for the transportation system. The deadline for filing the grant is
November 22, 2002.
In concluding the presentation, Ms. Houston advised that the New Hanover Transportation Services provides
general public and employment transportation to the unincorporated areas of the County and serves clients of human
service agencies. She requested the Board to conduct the Public Hearing, approve the request to submit the grant
application, adopt the resolution outlining the use of funds, authorize Chairman Davis, County Manager O’Neal, and
County Attorney Copley to execute the appropriate application certifications and assurances upon receipt, and accept
program funds if the grant is awarded.
Chairman Davis asked if any member of the Board would like to comment.
Commissioner Caster requested the total amount of the current budget for the transportation system.
Director of Aging, Annette Crumpton, responded that the total FY 2002-2003 budget for New Hanover
Transportation Services is $1,122,162, which is comprised of grant funds and revenue received from other agencies that
use transportation services. The projected net County cost in the current budget is $15,282 once grants and other
agencies have paid for use of the system.
Commissioner Caster asked if some of the revenue received from other agencies is general fund money from
the County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 377
Director Crumpton responded that some money from the County’s general fund is received, such as payments
made by the Department of Social Services.
Commissioner Caster spoke on the proposed merger with the Wilmington Transit Authority and asked if any
progress had been made.
Director Crumpton responded that the Steering Committee met in August and the consultant, Kimley-Horn and
Associates, Inc., was requested to prepare a document to show the merger and associated costs. The previous document
from Kimley-Horn did not reflect what the Wilmington Transit Authority and the New Hanover Transportation Services
Board of Directors wanted to see with the merger. Additional information was requested from Kimley-Horn and a final
document should be received by the end of the year. It appears that the Wilmington Transit Authority is interested in
merging the systems.
Commissioner Caster spoke on the growth of the system and requested Staff to provide the total amount of
dollars received by the NHTS from the Federal government, State government, and County government so these figures
will be available when preparing the FY 2003-2004 budget and the Commissioners will understand the entire operation
of the transportation system.
Hearing no further remarks, Chairman Davis asked if anyone from the audience would like to speak in favor
of the grant application.
No comments were received.
Chairman Davis asked if anyone from the audience would like to speak in opposition to the grant application.
No comments were received.
Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to authorize the New Hanover
Transportation Services System to submit the grant application in the amount of $420,694. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis called for a motion to adopt the resolution.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the resolution on the use
of funds, authorize Chairman Davis, County Manager O’Neal, and County Attorney Copley to execute the appropriate
application certifications and assurances, and accept program funds if the grant is awarded. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 2.6.
BREAK
Chairman Davis called a break from 6:05 p.m. until 6:10 p.m.
CONTINUATION OF PUBLIC HEARING FROM OCTOBER 7, 2002 BOARD MEETING TO CONSIDER A
REQUEST FROM COMSCAPE TELECOMMUNICATIONS FOR A SPECIAL USE PERMIT TO LOCATE
A 106 FOOT TELECOMMUNICATION TOWER IN AN R-15 RESIDENTIAL DISTRICT (S-488, 09/02)
Chairman Davis opened the Public Hearing and advised at the October 7, 2002 Board meeting, this item was
continued to allow the petitioner to meet with adjacent neighbors to see if some of the concerns could be addressed about
locating a telecommunication tower at 4510 South College Road. Since the Board heard sworn testimony on October
7, 2002, the petitioners and persons opposed to the request should not have to be sworn in.
After further discussion of making sure that sworn testimony is received, County Attorney Copley asked if any
one signed up to speak had not been sworn in at the October 7, 2002 meeting.
After seeing that a few people had not been sworn in at the last meeting, Chairman Davis requested all persons
signed up to speak to step forward to be sworn in by the Clerk to the Board.
The following persons were sworn in:
Baird Stewart, Senior Planner
Thomas Johnson
Ghansyham Patel
Jerry Rockow
Janet Donahoe
Irwin Frenson
David Fex
Chairman Davis asked Senior Planner Baird Stewart if a meeting between the petitioner and nearby property
owners had been held to discuss the issues of concern.
Senior Planner Stewart responded that he was not sure about what communication had occurred among the
parties involved; however, a revised site plan has been submitted to the Planning Staff showing the tower being moved
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 378
further south.
Chairman Davis asked Attorney Thomas Johnson, representing the petitioner, ComScape Telecommunication,
Inc., if a meeting had been held with the adjacent property owners.
Attorney Johnson responded that a notice was mailed to the adjacent property owners requesting a meeting;
however no meeting was held. He explained that the Board of County Commissioners continued the hearing on October
7, 2002 and requested him to see if the site could be moved further away from the property line to satisfy the concerns
of the neighbors. After discussion with the Arab Shrine Club Board of Directors, the Directors agreed to move the site
75 feet to the south so the antenna would remain in the wooded area. On November 1, 2002, a letter was sent to the
property owners informing them that the Arab Shrine Club had no problem with moving the site and a request was made
to meet with the property owners to discuss the proposed site. On November 7, 2002, an email was received saying that
it was not possible to meet on a particular day and numerous emails were sent back and forth between Mr. Jerry S.
Rockow, Director of Business Development at ComScape, and Ms. Janet Donahoe, the representative of the adjacent
neighbors, about finding a convenient date to meet. No appropriate date was established and no meeting was held.
Attorney Johnson presented Exhibit A containing copies of the letters and emails that were sent back and forth
by Ms. Janet Donahoe, Mr. Irwin Frenson, and Mr. Jerry S. Rockow, and he requested the Clerk to the Board to make
these documents part of the record.
Attorney Johnson presented a map showing the new location of the telecommunication tower and placement
of the landscape buffer around the equipment at the bottom of the antenna. Another map was presented showing the new
location of the tower being 170 feet from the Donahoe property line. Attorney Johnson noted that with the additional
setback, the Donahoe property will be protected if the 106 foot tower should ever fall.
In concluding the presentation, Attorney Johnson presented photographs of views from the Homeowners
Association and Pine Hollow Drive and offered to answer questions.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis opened the floor to receive testimony from Ms. Janet Donahoe, Mr.
Irwin Frenson, and Mr. David Fex.
Chairman Davis asked Ms. Donahoe, Mr. Frenson, and Mr. Fex if they had seen the maps of the new location
prior to this date.
Ms. Donahoe responded that she made copies of the maps for the neighbors. She stated that she had not seen
the photographs presented.
Chairman Davis asked Ms. Donahoe, Mr. Frenson and Mr. Fex if they were in favor of the new location.
Ms. Donahoe, Mr. Erwin, and Mr. Fex responded they were not in favor of the new location.
Chairman Davis asked if other neighbors in the area were in favor of the new location.
Mr. Fex responded that the petition presented at the October 7, 2002 Board meeting was still valid. The
neighbors are opposed to placing a tower at this location.
Chairman Davis requested an explanation of why the neighbors are in opposition to the proposed location.
Ms. Donahoe responded that she objects to the proposed location because it is still too close to her property.
Mr. Frenson stated that during the October 7, 2002 Board meeting, he thought the County Commissioners
requested ComScape, Inc. to meet with the Board of Directors of the Arab Shrine Club and then contact Ms. Donahoe
and him to see if differences could be resolved by moving the tower closer to the building. The only communication
received from ComScape, Inc. was the letter dated November 1, 2002 that was received on November 5, 2002 with an
explanation of a few minor changes. These changes do not make a difference because the tower is next to a
neighborhood walking trail.
Mr. Frenson concluded his presentation by saying that in order to grant a Special Use Permit for a non-
conforming use, there should be a need. Within less than one mile from the site, there are two existing communication
towers at Monkey Junction, one next to the Quick Lube Station and the other behind A-Z Rentals. It is difficult to
understand why ComScape, Inc. has to place a tower in a residential area.
Mr. Fex expressed concern for his property being devalued if the tower is placed in this location. He explained
that in his neighborhood there are already three CP&L towers with attached antennas bordering one side of the property.
When comparing property values in this neighborhood to other developments, the property values are lower. The only
viable reason for the property devaluation is the existing CP&L towers, and Comscape, Inc. is now requesting the Board
to place another tower within 300 feet of the neighborhood.
In concluding his remarks, Mr. Fex noted that placement of the tower on the proposed site will devalue
surrounding property values, create safety issues and additional noise.
Commissioner Caster expressed concern that the letter from Comscape, Inc. was not mailed until November
1. He stated that he was disappointed that both sides did not make an effort to meet and see if these differences could
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 379
be resolved.
Attorney Johnson explained that Comscape, Inc. did try to contact the property owners; however, time was
involved in scheduling a meeting with the Arab Shrine Club Board of Directors to see if moving the tower was agreeable
with this group. The real problem is that the residents do not want the tower placed on the subject property.
Chairman Davis asked if any member of the Board would like to comment since no agreement was reached
between the parties involved.
Commissioner Pritchett asked when the meeting was held with the Arab Shrine Club Board of Directors.
Mr. Jerry Rockow responded that he did not know the exact date; however, it was approximately two weeks after
the October meeting of the Board of County Commissioners. He explained that the Arab Shrine Club Board of Directors
had another meeting scheduled for October 31, 2002 but because of Halloween, the meeting was cancelled. He was not
aware of this fact; therefore, he mailed the notification letters to the property owners on November 1, 2002.
Vice-Chairman Greer spoke on the fact that the adjacent neighbors do not want the tower placed on the
proposed property and stated it really does not make a difference when the meeting was held with the Arab Shrine Club
Board of Directors.
Mr. Fex and Mr. Frenson agreed with Vice-Chairman Greer and stated that the neighborhood did not want a
tower placed on the proposed site.
Hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from the
Board.
Motion:
Hearing no comments, Chairman Davis MOVED, SECONDED by Commissioner Boseman, to deny the Special
Use Permit based upon the use not being in harmony with the area in which the tower is to be located and not in general
conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of an order denying the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 17.1.
PUBLIC HEARING TO CONSIDER A REQUEST FROM DESIGN SOLUTIONS FOR ARCHIE MCGIRT TO
REZONE 6.93 ACRES OF PROPERTY ADJACENT TO AND SOUTH OF ARCHMIL PLACE FROM R-15
RESIDENTIAL TO R-10 RESIDENTIAL (Z-751, 09/02)
Chairman Davis opened the Public Hearing and requested the Planning Staff to make a presentation.
Senior Planner Baird Stewart presented a map and photographs of the subject property and surrounding areas
showing a significant amount of R-10 zoning located to the south and west of the property with the existing Archmil
Place development in the R-10 District just north of the subject property. Slides were presented showing Archmil Place,
the main entrance to the subject property, and the high density project across Carolina Beach Road known as Willoughby
Park.
Senior Planner Stewart reported that the New Hanover County Planning Board heard the petition on September
5, 2002. No one spoke in opposition and the Planning Board voted 6 to 0 to recommend approval of the rezoning
request.
The subject property is located south and adjacent to the developing Archmil Place Subdivision. The subject
property and the Archmil Place property were originally zoned R-15 in September 1971. In 1973 less than two years after
the original zoning, a large R-10 residential district was established adjacent and southwest of the subject property. The
adjacent Archmil Place was rezoned R-10 Residential in September 1999. Existing residential neighborhoods in the area
include Arrowhead established in the early 70’s, Silver Lake developed in 1958, and Silver Sands in 1970. Each
development contains a variety of moderate single family housing with some duplexes and mobile homes.
The property is classified as “Developed” by the Comprehensive Land Use Plan which was updated and adopted
September 1999. Urban services are available in the area, and Archmil Place utilizes County sewer and a private water
system even though City water is close to the development. Many policies in the Land Use Comprehensive Plan support
the provision of affordable housing throughout the County. The proposed rezoning would likely become an extension
of the successfully developing Archmil Place which provides small clustered patio home lots. Development on this parcel
will have to be evaluated closely given its proximity to flood prone areas.
Since the proposed rezoning is consistent with the Comprehensive Land Use Plan, consistent with the adjacent
subdivisions, and consistent with the character of the area, Staff recommends approval.
Chairman Davis asked if any members of the Board had questions for Senior Planner Stewart.
Commissioner Pritchett asked if the subject property was located in a heavily wooded area.
Senior Planner Stewart responded that the subject property was located in a heavily wooded area.
Commissioner Pritchett asked if the property already developed in Archmil Place was located in a heavily
wooded area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
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Senior Planner Stewart responded that the petitioner would have to respond to the question.
Chairman Davis announced that Sara Reagan, Patrick Austin, Dana Seigel, Ken Grucsbeck, Kenneth Register,
and Bernardino Barini have signed up to speak in opposition. He advised that the petitioner and Attorney Alton Lennon
will have 15 minutes to speak, and the opposition will have 15 minutes to speak with 5 minutes for rebuttal by both sides.
Chairman Davis asked Attorney Alton Lennon if the petitioner was aware of the fact that if the Board votes to
deny the request, the petition cannot be resubmitted for a period of 12 months.
Attorney Lennon responded that the petitioner was aware of this fact and would like for the Board to hear the
rezoning case.
Chairman Davis requested Attorney Lennon to make a presentation on behalf of the petitioner.
Attorney Lennon yielded to Ms. Cindee Wolf to make the presentation.
Ms. Cindee Wolf, representing the property owners, advised that the Planning Staff has already justified the
reasons for rezoning the property by showing the surrounding R-10 properties and the recently approved Archmil Place
storage facility in front of the property. The property owner is requesting the rezoning to continue development of the
property with small patio homes similar to the units constructed in Archmil Place. The change in the density will be
only six units and will be in harmony with what is already developed in the adjacent R-10 zone. She offered to answer
questions.
Attorney Lennon advised that when Archmil Place was developed, the property was a field covered with
underbrush and stated it was not clear cut. He informed the Chairman that he would yield to the opposition and reserve
his time for the rebuttal period.
Chairman Davis asked if the members of the Board had any questions for Ms. Wolf.
After hearing no comments, Chairman Davis requested the persons in opposition to step forward to speak.
Mr. Dana Mark Seigel, a resident of Archmil Place Phase II, 1115 Loman Lane, presented a sample of his water
containing sand and sediments from his well that has gone through two filters and a sand trap that should have removed
the sediments. He advised that his children and other residents have to bathe in this water.
Mr. Seigel spoke on the importance of integrity and stated that the gentlemen who just said there is ongoing
construction at Archmil Place was not correct because this development has been completed. He reported that serious
problems have been experienced with water quality and construction problems in Archmil Place. If a property owner
wants assistance with a problem, a letter has to be submitted to the Homeowners Association, which is under the auspices
of Mr. Archie McGirt and his partner, who decide if the problem should be reviewed. After moving into his new home,
a punch list of 50 line items was presented to the developer and he signed the list on September 11, 2002; therefore, he
assumed these items would be fixed. As of this date, only two items have been corrected. When buying homes, the
property owners were told that Phase II was the last phase of the project. The developer is now requesting a rezoning
to construct more homes, which will destroy a quiet and safe neighborhood. The developer has violated the law by
changing the configuration of wells in the area. When the water supply was being reviewed, a person in the County
certified that a City water line would be placed in Archmil Place. The residents felt that the water problem would be
resolved; however, the City refused to accept the water lines because the developer did not comply to the City standards.
Mr. Seigel advised that numerous attempts have been made to meet with the developer to resolve the water and
construction problems. The property owners have signed deeds and contracts that have not been fulfilled. There are 47
homes where children cannot drink the water. Mr. Seigel presented an article published in the Wilmington Morning Star
written by Staff Writer Gareth McGrath that explained why the City should provide water to Archmil Place.
In concluding his presentation, Mr. Seigel stated after spending 20 years in the Special Forces, he had learned
to be impeccable with his word, have the courage and honor to fulfill his word and to be committed to his word. The
deeds signed by the residents have not been fulfilled by Mr. McGirt or his partners. Until these deeds are fulfilled, the
residents are requesting the Board to postpone the rezoning to allow the contractor and developer to resolve the existing
problems in a fair and just manner.
Chairman Davis informed Mr. Siegel that he had the utmost respect for his statements, and asked if the Board
is being requested to stop additional development on the new property until the problems have been resolved with
existing property owners.
Mr. Siegel responded that the Board is being requested to postpone action on the rezoning request until the
water quality problems have been resolved and homes have been fixed by the developer before allowing Mr. McGirt to
build other homes. Plumbing, electrical, and building inspectors have informed the developer and contractor that the
law has been violated. It is not right to pass these types of problems to future buyers.
In concluding his comments, Mr. Seigel advised that some fire hydrants have been placed in Archmil Place
with no water supply and stated that the County Fire Department was not aware of the hydrants being installed. He asked
who would be responsible for providing a water supply to the hydrants. He stated that it would be unfortunate for some
members of a family to die in a fire, and he asked Commissioners to consider how they would feel if this tragic event
should occur. He urged the Board to wait until the developer corrects the existing problems in Archmil Place
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 381
before allowing Mr. McGirt to start another development.
Mr. Patrick Austin, a resident of 1108 Loman Lane, presented a petition with signatures of 20 property owners
protesting the rezoning request submitted by Archie McGirt for the new phase of development in Archmil Place. The
major concern is water quality and the residents feel that further development will worsen the condition of the water,
which is already unacceptable. Mr. Austin a presented a bottle of water showing the sediment and sand in his water that
cannot be used to drink.
Chairman Davis explained to the concerned property owners that the rezoning deals with the new area to be
developed. The concerns presented tonight by the residents are problems with prior construction. He asked Mr. Austin
if the property owners are asking the Board to stop development on the new property until existing problems with prior
construction and the water problem have been resolved.
Mr. Austin responded that his major problem is water quality and stated that something must be done to provide
safe drinking water to the residents. Calls have been made to the developer and no response has been received. A letter
has been written and no response has been received. If the rezoning is approved, the developer will begin a new project
and the same construction and water problems will be passed to future home buyers. The City cannot provide water to
the residents, and the residents are stuck with wells that do not provide drinkable water. After contacting the Health
Department, the water from his bathroom sink was tested and bacteria was identified. The Health Department advised
that it would be dangerous for people with immune deficiencies, children, and elderly residents to drink the water. The
residents of Archmil Place deserve to have this problem corrected.
Vice-Chairman Greer asked why the City would not provide water to Archmil Place.
Mr. Austin responded that the road is two (2) feet too narrow to meet City standards. There is inadequate space
to connect the pipes on both ends of the road to pump the water to the houses. The pipes are in the ground with no
supply of water.
Commissioner Caster asked why the preliminary findings in the Special Use Permit said that City water was
available nearby.
Senior Planner Stewart responded that City water is available nearby; however, the County requires the
provision of either public sewer or public water with performance residential development. The County provides sewer
to Archmil Place.
Commissioner Boseman asked why fire hydrants were installed in Archmil Place, and who was responsible for
being sure a water supply was available.
Senior Planner Stewart responded that the fire hydrants should not have been installed without a water supply.
He explained that when the final plat is reviewed, a note is received from the Engineering Department saying that the
site has been reviewed and the project is in conformity with the plans as submitted. Since wells were used to provide
water in Archmil Place, the Engineering Department knew that fire hydrants should not be installed. No one knows if
the developer placed the hydrants on the lots.
After a lengthy discussion on the concerns of the residents, Vice-Chairman Greer requested the County Attorney
to comment on whether legally these concerns can be considered by the Board when rendering a decision on a general
rezoning petition.
County Attorney Copley advised that no conditions could be placed on a general rezoning case. This is not a
Special Use Permit or a Conditional Use zoning where conditions can be imposed on the petitioner if the rezoning is
approved by the Board of County Commissioners. In this case, the Board must look at the area submitted for the rezoning
and determine if there is sufficient justification to rezone the property. The residents have private remedies against the
developer, and Board of County Commissioners can call upon the Health Department to review the water quality. If the
Health Department should find the developer is in violation of health regulations, fines can be imposed on the developer.
Mr. Seigel stated that he was not asking to stop progress; however, with the complaints received about existing
problems with poor construction and poor water quality, it is difficult to believe that the Board is ready to approve
development of a another piece of property by a developer who has never upheld his promises. It is not fair to future
home buyers.
Commissioner Caster asked how many units could be constructed on the subject property if it remains
residentially zoned.
Senior Planner Stewart responded that 17 units could be constructed under R-15 zoning and 23 units under
R-10 zoning.
Attorney Lennon advised that the petitioner is requesting the Board to rezone 6.9 acres of land surrounded on
three sides by R-10 property. The petitioner is not asking to intensify the use other than what has been done in Archmil
Place. There are some problems in Archmil Place, but these issues are not as great as presented by the residents and
stated to the best of his knowledge, Mr. McGirt had never been in court. The contractor, Mr. Carl Davis, contacted a
chemical engineering firm, Environmental Specialists, Inc., to test each well, and the findings in the report determined
that each well met or exceeded State standards. The developer and contractor are trying to resolve the problems;
however, this is not the issue before the Board of County Commissioners. The issue is for the Board to determine if it
would be appropriate for the subject property to be rezoned R-10 Residential. The person developing the property is
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 382
irrelevant because the property could be sold to another developer at any time. The Planning Board and Planning Staff
recommend approval of the R-10 rezoning and the Board of County Commissioners must focus on whether the rezoning
is appropriate, not on the slanderous remarks made about Mr. McGirt.
Vice-Chairman Greer referenced the width of the roads and asked if the County now requires private roads to
be two feet wider.
Senior Planner Stewart responded that private roads in the County are built to NCDOT standards.
Attorney Lennon informed the Board that Mr. McGirt spent $100,000 to install water lines for the City to
provide water to Archmil; however, the City has refused to accept the lines since the road is too narrow. The Board of
County Commissioners approved the rezoning, the developer built the Archmil Place project, and the City refused to
provide water to the area. The developer has paid for water lines that are not being used.
Ms. Cindee Wolf advised that all projects under performance residential regulations have to comply to NCDOT
road standards which include the width, surface, and the base. The City has annexed many of these private roads and
accepted the water lines. There appears to be a missing link, because these water lines are usually accepted.
Vice-Chairman Greer spoke on not understanding why the water lines were refused by the City and suggested
contacting the City about the need to provide water to Archmil Place.
Commissioner Pritchett spoke on the property being adjacent to flood prone areas, and asked what plans have
been taken to accommodate this potential problem. She also asked if the wooded area would be clear cut for the
additional units.
Ms. Wolf responded that the remedy will be to cluster the development toward the front of the property which
is outside the flood prone areas. She advised that the acreage to be developed is wooded but it would not be clear cut and
noted that Mr. McGirt has a history of saving trees and has planted some trees in Archmil Place.
Commissioner Boseman asked if the roads in the new development would comply to City standards.
Ms. Wolf responded that all roads in the unincorporated county are built to County standards because there is
no reason to comply to City standards. If there are other extenuating circumstances, the developer has the option to
design roads to different standards; however, if the City should annex this area, the streets would be accepted.
Hearing no further comments, Chairman Davis asked if any persons would like time for rebuttal.
Mr. Austin expressed concern for the new development having the same water quality problems as those being
experienced in Archmil Place.
Ms. Sara Reagan, a resident of 1108 Loman Lane, reported that since moving into Archmil Place approximately
three months ago, her well had collapsed due to the drilling of new wells. With new development in Archmil Cove,
it will only create more problems with wells in Archmil Place. She also referenced the remark about the developer
planting trees and stated that she purchased one tree when buying her home and as of this date, the tree has not been
planted.
Mr. Siegel referenced the remarks by Attorney Lennon regarding the fact that Mr. McGirt has not been taken
to court and he offered to provide the name of his firm that did file a suit against Mr. McGirt. He also noted that
Attorney Lennon mentioned that Mr. McGirt was beginning to plant trees in the front section of Archmil Place and
stated that this property was a nursery at one time. He also noted that the back half of the property (Phase II of Archmil
Place) was clear cut and it could be easily proven.
Mr. Ken Gruesbeck, a resident of 1123 Loman Lane, reported that lots 15A and 15B in Archmil Place were
actually wetlands. He requested the Board to check into the requirement for the provision of water under R-10 zoning.
Discussion followed on the difference in water requirements for R-10 and R-15 zoning districts. Senior Planner
Stewart explained that R-10 zoning requires the development to have either public water or public sewer. The Archmil
Place development has County Sewer.
Hearing no further discussion, Chairman Davis closed the Public Hearing.
Commissioner Caster advised that the concerns presented by the homeowners need to be addressed; however,
legally, the issue before the Board is whether the subject property should be rezoned from R-15 to R-10 zoning.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to rezone 6.93 acres adjacent and south
of Archmil Place from R-15 Residential to R-10 Residential as recommended by the Planning Board.
Commissioner Pritchett expressed concern for not being able to find a legal reason why this rezoning should
not be approved. She requested the County Manager to alert the Planning Staff and Inspections Department that every
square inch of this property should be reviewed and inspected during the development phase to prevent a repeat of the
problems at Archmil Place. Reports are to be forwarded to her on a periodic basis.
Vice-Chairman Greer suggested authorizing the Chairman to write an official letter to the City to see if water
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 383
can be provided to the residents of Archmil Place.
Chairman Davis asked Vice-Chairman Greer if he wanted the letter to be made a part of the motion on the floor.
Amended Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to amend the motion to
approve rezoning 6.93 acres from R-15 to R-10 zoning as recommended by the Planning Board and to authorize the
Chairman to write a letter to the City requesting the provision of water to Archmil Place. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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 63.
Exhibits presented by the petitioner are on file in the Planning Department.
After discussion of the need to assist the homeowners at Archmil Place, County Manager O’Neal requested the
residents to meet with Assistant County Manager Dave Weaver and Assistant County Manager Patricia Melvin in the
foyer to register their complaints so Staff can begin the review process.
PUBLIC HEARING TO CONSIDER A REQUEST FROM AIRGATE PCS FOR A SPECIAL USE PERMIT TO
LOCATE TELECOMMUNICATION ANTENNAS ON THE EXISTING WATER TANK IN A CONDITIONAL
USE OFFICE AND INSTITUTIONAL DISTRICT LOCATED AT 1011 PORTERS NECK ROAD (S-492, 10/02)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial
hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board.
The following persons were sworn in:
Baird Stewart
John Mazur
Chairman Davis requested the Planning Staff to make a presentation.
Senior Planner Baird Stewart presented a map and pictures of the subject property. He reported that
representatives from Airgate PCS have requested a Special Use Permit to locate panel type antennas on top of the water
tank located on the Cornelia Nixon Davis property in a Conditional Use Office and Institutional District.
At the Planning Board meeting held on October 3, 2002, no one spoke in opposition to the request; however,
some Board members were concerned about the appearance of the ground facilities associated with the proposed
antennas. The Planning Board voted 6-0 to recommend approval with the condition that ground facilities be screened
with installation of a 6-foot high opaque fence. The petitioner has submitted revised plans showing the fence and the
Planning Staff has no objection to the location of the panel antennas.
Senior Planner Stewart presented the following preliminary Staff findings:
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. The subject property is located in the Ogden Volunteer Fire Department District.
B. Access to the site is from Porters Neck Road or Champ Davis Road.
C. The antennas will be placed on an existing water tower.
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 site is located in a CD(O&I) Conditional Use Office and Institutional District Zoning District.
B. Communication facilities including towers are permitted by Special Use Permit within the Office and
Institutional Zoning District.
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 based upon the following findings:
A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
B. Additional cellular service is important in emergency situations.
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 for New Hanover County based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 384
A. The site is classified as Resource Protection by the New Hanover County Comprehensive Land Use
Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of
important natural, historic, scenic, wildlife and recreational resources.
B. Antennas are located on top of other water towers and tall structures throughout the County.
Chairman Davis asked if the use is consistent with the Comprehensive Land Use Plan.
Senior Planner Stewart responded that the use was consistent with the Comprehensive Land Use Plan.
Chairman Davis referenced the revised plan submitted by the petitioner showing where the opaque fence would
be installed and asked if this satisfied the concern of the Planning Board.
Senior Planner Stewart responded that the concern of the Planning Board was addressed with installation of
a 6-foot high opaque fence.
Chairman Davis asked if any members of the Board would like to comment.
Commissioner Pritchett asked if any objection was received from the Cornelia Nixon Davis Facility.
Senior Planner Stewart responded that no objection was received from the facility.
Chairman Davis asked the petitioner, Mr. John Mazur, to step forward.
Chairman Davis asked Mr. Mazur if he agreed with the preliminary findings as presented by the Planning Staff.
Mr. Mazur concurred with the findings as presented.
Chairman Davis asked if anyone from the audience would like to speak in opposition to the request.
Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to
Airgate PCS to locate panel type antennas and associated structures on the existing water tank in a Conditional Use
Office and Institutional District located at 1011 Porters Neck Road subject to the condition that the ground facilities shall
be screened with a 6-foot high opaque fence based upon the evidence and findings of fact concluding 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; the use meets all required conditions and specifications of the Zoning Ordinance; the use will
not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the
location and character of the use if developed according to the plan as submitted and approved will be in harmony with
the area in which it is to be located and in general conformity with the plan of development for New Hanover County.
Upon vote the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book
III, Page 17.2.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE GOLDEN ROAD GROUP, LLC TO REZONE
APPROXIMATELY 4.77 ACRES LOCATED AT 6315, 6331 AND 6339 CAROLINA BEACH ROAD FROM A
COMBINATION OF R-15, B-2 AND CD (B-1) TO CONDITIONAL USE B-2 HIGHWAY BUSINESS (Z-753,
10/02)
Chairman Davis opened the Public Hearing and announced that a conditional use zoning requires a quasi-
judicial hearing and persons wishing to speak must be sworn in by the Clerk to the Board.
The following persons were sworn in:
Baird Stewart
Cindee Wolf
Dick Thompson
Senior Planner Baird Stewart presented a map and slides of the subject property and surrounding areas. He
reported that the Golden Road Group LLC submitted a request to rezone approximately 4.77 acres of property located
at 6315, 6331, and 6339 on Carolina Beach Road from a combination of R-15, B-2 and CD (B-1) to a Conditional Use
B-2 Highway District to locate two flex space buildings on the property. The Planning Board heard the request and
reviewed the site plan on October 3, 2002. Discussion was held on the specific uses for the flex space buildings. One
person from an adjacent Church was also concerned about the use. The Planning Board voted 4 to 2 to recommend
approval with the following conditions:
1) Phase I or the northern parcel on the site plan shall remain CD(B-1).
2) Access shall be limited to the two driveways shown on the map.
3) Trees along the frontage shall be preserved.
4) A list of specific uses shall be submitted and no outside storage may occur onsite.
Senior Planner Stewart reported that the petitioner has provided a specific list of uses and revised the conditional
use site plan to reflect comments and concerns discussed at the Planning Board meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 385
Senior Planner Stewart presented the following preliminary Staff findings:
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.The subject property is located in the Myrtle Grove Volunteer Fire Department District.
B.Access to the site is from a private right-of-way, which has direct access to Carolina Beach Road that
is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan.
C.The site will be served by public water and sewer.
2. The Board must find that the use meets all required conditions and specifications of the Zoning
Ordinance based upon the following findings:
A.A site plan that meets the requirements of the ordinance has been submitted. Setbacks, landscaping,
buffering, stormwater management and tree preservation can be accommodated.
B.There are two flex space buildings totaling 25,000 square feet and 74 parking spaces proposed.
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 based upon the following findings:
A.No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
B.The petitioner has an interest in several nearby properties.
C.A variety of commercial and institutional uses are located nearby.
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 for New Hanover County based upon the following findings.
A.The site is classified as “Resource Protection” by the Comprehensive Land Use Plan. The purpose of
the Resource Protection class is to provide for the preservation and protection of important natural,
historic scenic, wildlife and recreational resources.
B.Comprehensive Land Use Plan policies advocate concentrating commercial uses at major intersections.
The southern part of the county has grown making the Golden Road intersection a more viable location
for commercial uses which serve local markets.
Senior Planner Stewart reported that since the eastern side of Carolina Beach Road is classified as Resource
Protection, the impervious surface coverage and water quality are critical concerns. Land Use Plan policies do not
specifically prohibit commercial uses in the Resource Protection Classification provided that important resources are not
adversely impacted. While there is a concern about setting a precedent for future rezonings by extending the commercial
district north on Carolina Beach Road, the proposed flex space buildings would be compatible with the surrounding land
uses and consistent with the purpose of Conditional Use Zoning as a transition; therefore, Staff recommends approval.
Chairman Davis asked why the two members of the Planning Board voted in opposition.
Senior Planner Stewart responded that since the plan has been revised, the members of the Planning Board are
satisfied.
Ms. Cindee Wolf, representing the petitioner, Mr. Dick Thompson, reported that the subject property is not
suitable for conventional R-15 development because of heavy traffic on Carolina Beach Road. The owner has proposed
a conditional use rezoning, including the property owned by the church, for the purpose of bringing the property into
conformance with the general standards of the highway corridor. The business center project will provide flex space,
which is a retail type space with a combination of small retail uses and storage facilities. The buildings will have store
fronts with access to the rear of the structures. The northern building is limited to include particular uses and is already
part of a B-1 Conditional Use District. The same uses proposed in the B-2 District will be available for the southern
building.
The petitioner has a residential development under construction behind the site that has not been platted. The
buildings have been setback from the street frontage with street yards to provide a visual separation. Adjacent properties
will be protected by sufficient landscaping and buffering. The storm drainage system has been designed to discharge the
runoff into stormwater ponds and carry it through long grass swales back to the wetland area. Due to surrounding
development, the water has been cut off from the wetlands and this area has become dry. With the proposed drainage
system, the wetlands will be renourished. There are no significant trees on the site.
The petitioner contends that a business located on this site will be an acceptable use to the surrounding area and
infrastructure. The petitioner, at his own cost, has extended both County water and sewer to the residential development.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 386
In summary, the location and character of the project is in compliance with the zoning regulations and will be
in harmony with the surrounding area. The Board is being requested to approve the Conditional Use B-2 Highway
Business located at 6315, 6331, and 6939 Carolina Beach Road.
Ms. Wolf and Mr. Thompson offered to answer questions.
Chairman Davis asked the petitioner, Mr. Dick Thompson, if he agreed with the preliminary findings presented
by the Planning Staff and the conditions recommended by the Planning Board.
Mr. Thompson concurred with the findings and conditions as recommended. He explained that the reason for
extending the water under Carolina Beach Road was to avoid water quality problems like those being experienced in
Archmil Place.
Commissioner Pritchett asked what percentage of the property would be impervious surface.
Ms. Wolf responded that the impervious surface would be approximately 60-65 percent on each side, which
is relatively low. Buildings that have access to both the front and back usually have an impervious surface ranging from
70 to 80 percent.
Commissioner Pritchett asked if it would be possible to use semi-impervious surface materials on the parking
area.
Ms. Wolf responded that pervious surface material is now being used for stormwater drainage. The City accepts
this material, but the State has not approved the material. This material is a way to keep the impervious surface down
and runoff at a minimum with a good filtering system. She advised that this material can be used on the parking area.
Chairman Davis asked Mr. Thompson if he was aware that if the Board denies the request, the petition cannot
be resubmitted for 12 months.
Mr. Thompson responded that he was aware of this fact. He advised that semi-impervious surface materials
will be used if at all possible in the parking area.
Chairman Davis asked if anyone from the audience would like to speak in opposition to the request.
There being no comments, Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the request from the
Golden Road Group LLC to rezone approximately 4.77 acres located at 6315, 6331 and 6339 Carolina Beach Road from
a combination of R-15, B-2 and C D (B-1) to Conditional Use B-2 Highway Business with Phase I (the northern parcel
of the acreage) to remain zoned CD(B-1). Upon vote, the MOTION CARRIED UNANIMOUSLY.
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 63.
Chairman Davis requested a motion to approve the Special Use Permit.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit to allow
Golden Road Group LLC to place two flex space buildings on property located at 6315, 6331, and 6339 Carolina Beach
Road subject to the conditions recommended by the Planning Board based upon the evidence and findings of fact
concluding 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; the use meets all required conditions and specifications of the Zoning
Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a
public necessity; and the location and character of the use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and in general conformity with the plan of development for
New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book
III, Page 17.3.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER A REQUEST BY AMANDA SMITH TO MODIFY
AN EXISTING SPECIAL USE PERMIT FOR A PET GROOMING OPERATION TO A CONVENIENCE
FOOD STORE/TEA SHOP AT 7903 MYRTLE GROVE ROAD IN A R-15 RESIDENTIAL DISTRICT (S-387,
09/02)
Mr. Kenneth A. Shanklin, the attorney representing Amanda Smith, requested the Board to continue this item
until December 2, 2002, because the appraiser for the project was not able to attend the meeting since he teaches a real
estate course and final examinations were being given tonight.
Chairman Davis asked if anyone from the audience objected to continuing Item 4.5 until December 2, 2002.
Hearing no comments, Chairman Davis requested a motion to continue the hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to continue this item until December
2, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 387
Chairman Davis requested the letter to be made a part of the record.
A copy of the letter is hereby incorporated as a part of the petitioner’s case file in the Planning Department.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 8:35 p.m. to hold a regular meeting of the Water and Sewer
District.
Chairman Davis reconvened to Regular Session at 8:41 p.m.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow anyone from the audience to present an item
that is not listed on the agenda. He requested all persons speaking to limit their remarks to three minutes.
Mr. Ted Wilgis, Cape Fear Coast Keeper for the N. C. Coastal Federation, submitted the following issues
regarding the County’s compliance to certain conditions associated with the Mason Inlet Relocation Project:
The permit issued by the U. S. Army Corps of Engineers and the associated U. S. Fish and Wildlife Biological
Opinion for the Mason Inlet Relocation Project were accepted by the New Hanover County Board of
Commissioners on November 19, 2001, by a 4 to 1 vote. With acceptance of the permit came the acceptance
of the 25 conditions contained in the permit and the conservation measures contained in the Biological Opinion.
Acceptance of these conditions requires New Hanover County to fully comply and implement all conditions
in the 30-year permit. Failure to satisfactorily comply with these conditions could result in a violation of federal
law. These permanent conditions and conservation measures require the County to take timely steps to reduce
any negative environmental impacts of the project and to attempt to restore some of the biological resources in
the area.
This a complex project and the required conditions will take time to develop and implement. County Staff has
worked diligently on the project; however, the County has failed to fully comply to the permit requirements in
the required time frame. The project area contains numerous critical habitats that benefit a large variety of
important species. The habitats are declining as more pressure is placed on inlet areas from sand mining,
parking and development. Among the most obvious species that utilize the project area are water and shore
birds. These species are declining significantly with populations of terns and black skimmers declining by an
average of 75 percent. Project construction was to be completed by March 30, 2002, one day before the nesting
season. An extension was granted for the project and it was not completed until April 22, 2002.
The permit also contains a condition to require the County to prepare a management plan as a strategy to protect
the nesting areas. This plan was due within 30 days after the permit was issued. The plan was completed 86
days after the due date and the estuary was not protected until late May 2002. The plan also contains goals to
protect the nesting areas by restricting human and dog access. Progress was eventually made on accomplishing
these goals, but not in time for the nesting season. In 2001 there were 140 water and shore bird nests in the
project area. In 2002, only a few nests have been successful. Compliance to permit conditions must be
examined because of the serious decline in the number of nests. More effective restrictions and enforcement
are required.
In concluding, the presentation Mr. Wilgis advised that he was not pointing fingers but he was trying to
emphasize the need to protect the environment. The permit for this project was intended not only to protect property,
but to enable the protection and restoration of biological resources impacted by the Mason Inlet Relocation Project. There
are several conservation measures that are included in the Biological Opinion, which include the purchase of 30 acres
on Masonboro Island to be placed in a conservation status and the protection of the north end of Carolina Beach by
developing and implementing a habitat management conservation plan. The terms and conditions of the permit must
be fully implemented to the satisfaction of the responsible agencies. The County will be in violation of its permit if these
conditions are not met. The Board is being requested to fully comply with the agreed upon permit that enabled the
relocation of Mason Inlet. The N. C. Coastal Federation will continue to monitor and report on the project.
Chairman Davis informed Mr. Wilgis that discussion was held by the Board about some of the conditions of
the permit, and Assistant County Manager Dave Weaver has been instructed to meet with appropriate agencies to see
if these issues can be resolved.
Vice-Chairman Greer commented on everybody being concerned about protecting the environment and
endangered species and stated that New Hanover County is obligated to comply to the conditions agreed upon at meetings
held during the permitting process. The minutes of these meetings reflect what conditions have been agreed upon by
the County. The County is not prepared to go beyond these conditions and everyone should be aware of this fact. He
also noted that the Coastal Federation was opposed to the project when it was first being considered by the Board of
County Commissioners.
Mr. Wilgis responded that N. C. Coastal Federation has been monitoring the project for a number of years and
stated that the Federation was not that opposed to the project but strongly felt all environmental rules and regulations
should be met by New Hanover County. Unfortunately, the process ended up with a mitigation plan that did not control
some of the losses in the biological resources of the Mason Inlet area. The Coastal Federation is requesting the Board
of County Commissioners to comply to the conditions of the permit. It is up to the regulatory agencies to determine the
effectiveness of the conditions, and to date some of these conditions have not been effective. This is the reason for
current negotiation. The conditions of the permit need to be implemented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 388
Vice-Chairman Greer informed Mr. Wilgis that the conditions were not part of the plan because the Board did
not approve these items. He advised that New Hanover County will make every effort possible to resolve these issues
because the Commissioners are also concerned about protecting the environment.
ADDITIONAL ITEMS
Discussion of New Hanover County Becoming a Partner of the Sister City Commission
Chairman Davis advised that Commissioner Pritchett wrote a letter to Mayor Harper Peterson and members
of the City Council on September 12, 2002, about New Hanover County becoming a partner of the Sister City
Commission and asked if a response had been received.
Commissioner Pritchett advised that no response had been received from Mayor Peterson and stated that she
would be glad to contact him again.
Additional Items Presented by Commissioner Caster
Commissioner Caster presented the following items:
Consolidation:
• After discussion of the need to move forward with consolidation, Commissioner Caster asked
when a joint meeting could be scheduled between the City Council and Board of County Commissioners to
discuss this important issue.
County Manager O’Neal responded that he had called the City Manager; however, no response has been
received as of this date. He offered to contact the Manager again to see if a convenient date can be established for both
boards to meet.
Chairman Davis stressed the importance of the five County Commissioners being on the same page about the
consolidation process before holding the joint meeting.
Retreat:
• After discussion of the need to schedule a retreat because of budget constraints, Commissioner Caster
suggested scheduling a retreat as soon as possible so the Board can establish priorities and be prepared to meet
funding challenges when preparing the FY 2003-2004 budget.
County Manager O’Neal advised that Staff had already started developing methods to meet budget challenges
for FY 2003-2004. He offered to prepare a list of dates in late January or early February so the Board can select a
convenient date.
Meeting with Local Legislators:
• Commissioner Caster stressed the importance of meeting with the local
legislators before the long session of the General Assembly begins on January 29, 2003. He suggested preparing
an agenda of County legislative issues so these items can be presented to the legislators at a meeting.
After discussion, County Manager O’Neal suggested scheduling a meeting with the legislators before holding
a retreat. He offered to arrange a meeting with the legislators after the first of the new year.
Chairman Davis requested County Manager O’Neal to prepare a list of legislative goals to discuss with the local
legislators when the meeting is scheduled.
Quarterly Meetings with the Municipalities and Board of Education:
• After discussion of meetings held with
the City and beach municipalities in the past, Commissioner Caster suggested resuming these quarterly
meetings. He also suggested resuming the quarterly meetings held with the Board of Education.
Chairman Davis advised that contact had already been made with a member of the Board of Education about
scheduling joint meetings on a regular basis. He also suggested writing a letter to the beach municipalities to decide on
a convenient date to hold a joint meeting.
Discussion of Fee Charged to AAU Baseball:
• Commissioner Caster spoke on the Parks Department charging
a fee to persons who play AAU baseball and asked if this situation can be resolved.
Vice-Chairman Greer advised that rules and regulations have been adopted by the Parks and Recreation
Advisory Board. He requested Commissioner Caster to submit a written request to the Parks and Recreation Advisory
Board if he feels the current policy should be changed.
Discussion of Changing the Starting Time of the January 21, 2003 Board Meeting:
• Commissioner Caster
requested the Board to meet at 10:00 a.m. instead of 9:00 a.m. on January 21, 2002, because he will be teaching
a class at UNCW on that Tuesday morning.
Consensus:
After discussion, it was the consensus of the Board to begin the January 21, 2003, meeting at 10:00 a.m.
instead of 9:00 a.m.
Additional Items Submitted by Commissioner Boseman
Commissioner Boseman presented the following items:
•Prepare a legislative goal to request introduction of a bill to authorize counties to appropriate money to be used
only for teacher supplements.
•Request Staff to search for grants to assist seniors with in-home care and consider a program similar to the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, NOVEMBER 12, 2002 PAGE 389
program in Monterrey, California. This program has been successful because it provides a person to live with
an elderly citizen to provide the necessary services to keep that elderly person out of a nursing home. These
services include cooking, transportation, grocery shopping, and other needs. She stressed the importance of
taking better care of elderly citizens.
County Manager O’Neal advised that he would have the Director of Aging to check into the program
implemented in Monterrey.
ADDITION ITEM - COUNTY MANAGER
Completion of Move from the old Annex Building to New Hanover County Administrative Annex Building in
Market Place Mall
County Manager O’Neal advised that the move from the old Annex Building to the new Administrative Annex
Building at Market Place Mall has been completed. The Staff and employees are thrilled with the new facility and want
to thank the Commissioners for providing them with such a nice facility. He reminded the Board that the Thursday Staff
Meeting scheduled for November 21, 2002, will be held at the new Administrative Annex Building with a reception
beginning at 3:30 p.m. following by the Staff Meeting at 4:00 p.m.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adjourn. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board