2000-08-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 80
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
August 7, 2000, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer;
Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; and
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Howell led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested further discussion of Consent Agenda Items 3, 4, 5, 6,and 21.
Commissioner Howell requested further discussion of Consent Agenda Item 20.
Discussion of Consent Agenda Item 3, Contract for Professional Services with UNCW for Tidal
Creek Studies
Vice-Chairman Greer asked if the original partners were involved in the tidal creek studies.
Assistant Planning Director Patrick Lowe responded that all original parties were still involved
in the tidal creek studies; however, the Northeast New Hanover Conservancy was not contributing
at the same level of funding, which has resulted in an increase in the County’s contribution. Last year
each agency, including New Hanover County contributed $20,000. This year the UNCW contribution
is $20,000, the Northeast New Hanover Conservancy is between $3,000 to $5,000 and New Hanover
County’s contribution is $40,000.
Vice-Chairman Greer noted that the County’s contribution listed on the Consent Agenda was
$60,000 instead of $40,000. He asked if this figure was correct.
Assistant Planning Director Lowe responded that $60,000 was the correct figure and he
informed the Board this funding had already been budgeted for a 5-year period.
Commissioner Birzenieks expressed concern for findings of the tidal creek studies being
released to the newspaper before the Board of County Commissioners and he stated if this information
is not shared with the Board of Commissioners, he would not support funding of the program.
County Manager O’Neal responded that discussion had already been held with the Planning
Staff about the release of information. He suggested adding a paragraph to the agreement requiring
UNCW to disseminate findings and information to the Board of County Commissioners before being
published in the newspaper.
Assistant Planning Director Lowe advised that UNCW presents quarterly findings to the Tidal
Creeks Advisory Board, and he offered to forward these reports to the Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 81
Consensus:
After further discussion, it was the consensus of the Board to request Staff to place
verbiage in the agreement with UNCW that will ensure the release of findings and information from
the tidal creek studies to the Board of County Commissioners before being sent to the media.
Discussion of Consent Agenda Item 4, Hewlett’s Creek Watershed/Pine Valley Stream
Restoration Demonstration Project
After referencing the time and effort made by the County to clean out ditches from previous
hurricanes, Vice-Chairman Greer noted that under the Hewlett’s Creek project it appears that existing
ditches are being clogged instead of cleaned out as referenced in the following statement from the
document:
“As a result the stream is entrenched, meaning it can no longer rise out of its banks and spread
out on a flood plain during high flows.”
Assistant Planning Director Lowe explained that no clogging of the ditches will occur. He
reported that a group from N. C. State University, headed by Barbara Doll and Carolyn Mojonnier,
were involved in developing the technical design for the project. The purpose of the project is to
encourage water to overflow its banks within a rechannelized flood plain with defusion of the energy
to allow it to drop off sediment and provide bank stabilization to prevent loss of additional sediment.
When the project is completed, it will reduce sediment and associated nutrient inputs from erosion,
improve the habitat and aesthetics of the stream, and serve as a model for possible restoration of other
streams.
This is a joint project with New Hanover County, the City of Wilmington, the Cape Fear
Resource and Conservation District, N. C. Cooperative Extension Service, North Carolina State
University and the Pine Valley Country Club working together to plan and implement the
demonstration model. The site is owned by the Pine Valley Country Club and the Club has granted
a conservation easement for this use.
Vice-Chairman Greer expressed appreciation to Assistant Planning Director Lowe for the
explanation.
Discussion of Consent Agenda Item 5, Consideration of a Contract for Installing a Carbon
Injection System at the WASTEC Facility and Consent Agenda Item 6, Consideration of a
Contract for Upgrading the Constant Emission Monitoring System at the WASTEC Facility
Vice-Chairman Greer expressed concern for being requested to approve contracts without
knowing the costs, particularly for the WASTEC Facility. He expressed his opposition to spending
a large sum of money to upgrade the incinerator and stated if the Board decides to approve the
contracts, he would like a separate vote on Items 5 and 6. He requested the Board to consider the
amount of money that is being spent to keep the WASTEC Facility in operation when approving items
of this type.
County Manager O’Neal advised that resolutions were presented to the Board before the
meeting with the cost of both projects.
Mr. John Hubbard, Plant Manager, reported that the bid opening was after the agenda deadline,
which was noted on the agenda sheet. The Board is being requested to award a bid in the amount of
$38,000 for the carbon injection system and $231,000 for the constant emission monitoring system.
Commissioner Davis requested a brief update on the county-wide garbage collection plan.
County Manager O’Neal reported on visiting and meeting with representatives from Charleston
County, South Carolina, to discuss details of the Charleston plan and stated that a great deal of
information was received from their staff about pitfalls that can be avoided. By using this plan as a
model, the County should be able to develop an excellent collection system.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 82
Environmental Director, Ray Church, reported that meetings have been held with the City of
Wilmington and noted that many issues will have to be addressed. He advised that Staff would be
presenting a package to the Board of County Commissioners on August 21, 2000.
Commissioner Davis asked if the Environmental Management Department was moving forward
in a positive fashion.
Director Church responded that he was comfortable with the progress being made. He advised
that a county-wide collection system was an integral part of the integrated solid waste system and
explained that the operation of WASTEC will assist with protecting the County’s landfill space.
Discussion of Consent Agenda Items 20 and 21, Waiver or Reduction in Fees Charged at Airlie
Gardens and Discussion of the Film Industry Site Fees
Vice-Chairman Greer advised that Mr. Johnny Griffin, Director of the Film Commission, was
present and would like to speak about the proposed fees for filming in Airlie Gardens.
Mr. Griffin advised that after meeting with the Airlie Foundation Board, another filming fee has
been recommended to the Board of County Commissioners. With the competition in the film industry
from other states and countries, the N. C. General Assembly enacted a law requiring state properties
to be made available to film companies at no charge except for reimbursement of direct costs. New
Hanover County has not charged a fee for all county-owned properties except for Airlie Gardens. The
City of Wilmington has no fee except for two properties that are managed by outside agencies, and the
School System and UNCW do not charge a fee. A major studio is now considering Wilmington or
Mexico, and the decision will be based upon the cheapest cost to produce the film. With the number
of films declining in the area, the Film Commission would appreciate any incentive that can be offered
to these companies.
Vice-Chairman Greer referenced the proposed film fee of $3,000 per day to include pre-
production, production, and post-production plus reimbursement of direct expenses, and he asked what
fee is charged by Orton Plantation.
After commenting on not being aware of how the $3,000 fee was calculated, Mr. Griffin
advised that usually there is a fee structure consisting of a shooting fee for the filming day and a
preparation and strike fee when the crew is preparing for the filming, which at Airlie Gardens could
be placing pine straw on a flower bed. Since trucks and equipment are not used on preparation and
strike days, the fee structure is usually lower than on filming days. The fee charged by Orton Plantation
ranges from $250 to $500 per day for preparation and strike days and from $500 to $1,500 per day for
filming days.
County Manager O’Neal informed the Board that a great deal of research was performed on
fees charged by other gardens when determining the fees.
Vice-Chairman Greer noted that under Consent Agenda Item 20, the Board is being requested
to accept a recommendation from the Airlie Foundation Board to waive fees for users affiliated with
Airlie Gardens, such as the New Hanover County Arboretum, N. C. Cooperative Extension Service,
or public and private educational institutions. In an effort to attract the film industry, it does not appear
that New Hanover County is providing an incentive with the proposed fees.
County Manager O’Neal explained that the rationale behind waiving the fees under Consent
Agenda Item 20 was because most of the entities are funded by New Hanover County.
Mr. Griffin advised that New Hanover County does fund the Film Office and the purpose of
the office is to recruit film production in the community. A representative from a large production
company will be in town this week and the fee being charged will negatively impact the company’s
budget.
Commissioner Davis stated as a member of the Airlie Foundation Board, he would like to
emphasize the fact that Orton Plantation is a private garden; whereas, Airlie Gardens is a public
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 83
garden that was purchased with taxpayers’ money. In order to prevent Airlie Gardens from becoming
a burden on the taxpayers, it is necessary to generate enough revenue to avoid subsidizing the garden
from the general tax fund. When deciding on the fees, a great deal of thought was given to the impact
of filming on the revenue normally collected by people purchasing tickets to see the garden.
In concluding his remarks, Commissioner Davis stated that he felt the citizens would not be
happy if Airlie Gardens becomes a drain on taxpayers. He stressed the importance of everyone
understanding that fees and policies being developed are in an infancy stage and as the process moves
forward, more information will be gathered and changes can be made whenever necessary.
Commissioner Howell recommended allowing the Foundation Board to further study the film
fees without imposing a fee at this time other than recouping the County’s costs.
Attorney George Rountree, III, Chairman of the Wilmington Regional Film Commission, Inc.,
pointed out that last Saturday night negotiations began with a major Los Angles producer to bring a
film to Wilmington that would cost between $50 to $100 million. A majority of the film will be made
in Wilmington. The questions asked were what incentives does North Carolina provide and what are
the costs for using public facilities in New Hanover, Brunswick, and Pender Counties. If this film
production company decides to locate in Wilmington, it will be a huge boost to all persons involved
in the movie production business.
In concluding his presentation, Attorney Rountree stated that he understood the situation and
noted that he was not trying to tell the Board what to do, but he would like for the Commissioners to
render a decision based on the available information.
Commissioner Birzenieks requested the Board to refer to Consent Agenda Item 20 and he
suggested that it should be made clear that the Board of County Commissioners can also make
exceptions to waiving fees. He expressed concern for authorizing the Airlie Gardens Administration
to control how the facility can be used. For the benefit of the community, the Board of County
Commissioners should be able to make exceptions and this needs to be clearly understood by the
management of Airlie Gardens.
Commissioner Davis asked Commissioner Birzenieks if he would feel more comfortable with
removing this language from the waiver.
Commissioner Birzenieks responded that his intent is to be sure that the Board of County
Commissioners can override their decisions at any time.
Commissioner Davis asked County Attorney Copley if he requested the Airlie Foundation
Board to use Airlie Gardens and he wanted to waive the fee, would he have the right to appeal to the
Board of County Commissioners.
County Attorney Copley responded it would be totally up to the Board of County
Commissioners because the Board approves how the policy would be implemented. Since the County
owns Airlie Gardens, the Board of County Commissioners can delegate that authority or hear appeals
depending on the policy enacted.
Chairman Caster requested the Board to approve the Consent Agenda with the exception of
Items 5, 6, 17, 20 and 21.
Chairman Caster called for a motion.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to approve the items
on the Consent Agenda with the exception of Items 5, 6, 17, 20, and 21. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Caster called for a motion to recuse Commissioner Davis from voting on Consent
Agenda Item 17, because of his involvement with litigation regarding the person’s husband in a
domestic issue.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 84
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to recuse
Commissioner Davis from voting on Consent Agenda Item 17. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Caster called for a motion to approve Consent Agenda Item 17.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to approve
Consent Agenda Item 17, a letter of support to the Division of Facilities Services Adult Care Licensure
Section of the N. C. Department of Health and Human Services for opening a family care home to be
called “Our Children’s Home” in Wilmington, North Carolina to provide a residential setting for the
deaf and hard of hearing in Southeastern North Carolina. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye:Chairman Caster
Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Howell
Recused:Commissioner Davis
Chairman Caster requested a motion to approve Consent Agenda Items 5 and 6.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt a
resolution to award a bid to NORIT Americas, Inc., the sole bidder, in an amount not to exceed
$38,000 for the purchase of a carbon injection system to be installed on Unit 3A at the WASTEC
Facility, and to award a bid to Air Techniques, Inc., the low bidder, in an amount not to exceed
$231,000 to upgrade the continuous emission monitoring system on Unit 3A at the WASTEC Facility
and to authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION
CARRIED by a 4 to 1 vote as follows:
Voting Aye:Chairman Caster
Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Voting Nay:Vice-Chairman Greer
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXVI, Page 13.
Copies of the contracts are on file in the Legal Department.
Chairman Caster called for a motion to approve Consent Agenda Item 20.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to send Consent
Agenda Items 20 and 21 back to the Airlie Foundation Board with the following request: (1) add
language in the fee waiver policy to state that fees waived at the discretion of the gardens director can
be appealed to the Board of County Commissioners; and (2) review and consider lowering the film
industry site fees with both recommendations being presented to the Board of County Commissioners
for final approval. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Voting Nay:Commissioner Davis
Chairman Caster
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 85
Commissioner Davis stated, for the record, he was a member of the Airlie Gardens Foundation
Board of Directors; therefore, he supported the recommendation of the Foundation.
Commissioner Birzenieks recommended meeting with the Airlie Gardens Foundation Board of
Directors to discuss issues of these types.
The following items were approved on the Consent Agenda:
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Joint Consolidation MeetingMay 10, 2000
Regular MeetingJune 19, 2000
Adoption of Resolution to Approve Flood Mapping Project
The Commissioners adopted a resolution to approve the Flood Mapping Project and exempt
it from requirements of Chapter 143, Article 3D of the General Statutes. Federal money has been
awarded to provide the engineering and survey work for certain mapping services addressing
river/barrier islands and ocean flooding. The General Statues require that professional engineering and
survey services be considered without regard to price if the proposed project exceeds $30,000 unless
exempted. The resolution will exempt the project so the contract award can be primarily based on
price.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 13.
Approval of Contract for Professional Services with UNCW for Tidal Creek Studies
The Commissioners approved a contract with UNCW in the amount of $60,000 to provide
professional services for the Tidal Creek Studies and authorized the County Manager to execute the
necessary documents.
This contract will provide for a continuation of the water quality studies in the major estuarine
creeks that will focus on developing an understanding of the water quality in the tidal creeks,
identifying sources of pollution, and providing recommendations for management strategies.
A copy of the contract is on file in the Legal Department.
Approval of Hewlett’s Creek Watershed/Pine Valley Stream Restoration Demonstration Project
The Commissioners approved the Hewlett’s Creek Watershed/Pine Valley Stream Restoration
Demonstration Project. This project is part of the Tidal Creek Program and is budgeted for FY2000-
2001. This project is a joint venture of the New Hanover County Tidal Creek Program, City of
Wilmington, Cape Fear Resource Conservation and Development (RC&D), the N.C. Cooperative
Extension Service, N.C. State University, Pine Valley Country Club, and the Clean Water Management
Trust Fund. Project funding will be provided by New Hanover County, the Clean Water Management
Trust Fund, the Cape Fear RC&D, with in-kind support provided by the other project partners. The
County will contribute $16,235 as its share of the $86,800 project.
Adoption of Resolution Dissolving the Wilmington New Hanover County Insurance Advisory
Committee
The Commissioners adopted a resolution to dissolve the Wilmington-New Hanover County
Insurance Advisory Committee as of August 31, 2000 pursuant to a request from the Committee. Ms.
Anne Brown, Assistant Director of the Committee and an employee of the County Finance
Department, will continue to offer insurance advisory functions as Risk Manager for New Hanover
County. The County will continue to offer the same level of insurance service to the entities that
participate under the new insurance plan.
The Commissioners also approved a Risk Management Charter and Advisory Committee Plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 86
The County will contract with the various entities to provide the same high level of insurance advice
and handling of payments and claims.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 13.
Approval of Lease of Temporary Parking Spaces
The Commissioners approved the lease of temporary parking spaces with H&H Holding
rd
Company (old Azalea Inn owners) to rent the lot at the corner of 3 and Grace Streets to provide
temporary parking for the Library patrons and staff during construction of the new parking deck on
the current Library parking lot. The negotiated rent is $6,000 per month with either party being able
to terminate the lease with 60 days notice. The County Manager was authorized to execute the
necessary documents. The capital project will pay for this expense.
A copy of the lease agreement is on file in the Legal Department.
Approval of Communities that Care Grant Application to Cape Fear Foundation
The Commissioners authorized Communities that Care to file a grant application through the
Cape Fear Foundation since the Governor’s Crime Commission grant will expire in October, 2000.
The request is for funding to keep this program operating for the current and next fiscal year. If the
grant is approved, the County Manager is authorized to accept the grant and sign the necessary
documents.
Staff was authorized to work with Human Resources to establish a position, subject to grant
funds being available, in the organizational structure. The County match will be provided through in-
kind contributions.
Approval of Grant Application for TB Elimination from the North Carolina Department of
Health and Human Services, Division of Public Health, Tuberculosis Control Program
The Commissioners authorized the Health Department to submit a grant application in the
amount of $10,000 to the N. C. Department of Health and Human Services, Division of Public Health
for a Tuberculosis (TB) Control Program grant. If the grant is awarded, funding will be used to
strengthen the local TB Control Program and implement demonstration projects for replication in other
areas of North Carolina.
Approval of Grant Application for Second Year Funding for DIABETES TODAY/DIABETES
COALITION from Diabetes Today Community Implementation Funds Through the Diabetes
prevention and Control Unit of the North Carolina Department of Health and Human Services,
Division of Public Health
The Commissioners authorized the Health Department to file a grant application in the amount
of $10,000 for second year funding to the Diabetes Today/Diabetes Coalition from Diabetes Today
Community Implementation Funds through the Diabetes Prevention and Control Unit of the N.C.
Department of Health and Human Services, Division of Public Health. In September, 1999, the County
received a $10,000 grant to establish a community diabetes coalition to plan community-based
interventions to increase community awareness of the severity and consequences of diabetes by
focusing on education, outreach and improving access to care. The Coalition has developed goals and
objectives and is seeking second year funding to continue and implement planned interventions. The
County Manager was authorized to accept the grant and sign necessary documents if the grant is
awarded.
Approval of Submitting Grant Application to the Z. Smith Reynolds Foundation, Inc., to Fund
an Enhanced Counseling Program - Health Department
The Commissioners authorized the Health Department to file a grant application in the amount
of $48,000 to the Z. Smith Reynolds Foundation, Inc., to fund an Enhanced Counseling Program. The
Board of Health approved the grant application, which will fund a new full-time Masters level Social
Worker to provide enhanced counseling services to newly diagnosed HIV-infected individuals and high
risk Sexually Transmitted Disease (STD) Clinic users. The Enhanced Counseling Program will focus
on prevention and assist these individuals in preventing the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 87
transmission of their disease to others and in accessing the resources to help them cope with their
diagnosis.
Approval for Submission of Grant Application to Z. Smith Reynolds Foundation, Inc., to Fund
the Teen AIDS Prevention Program (TAP) for FY 2001 - Health Department
The Commissioners authorized the Health Department to file a grant application in the amount
of $59,000 to the Z. Smith Reynolds Foundation, Inc., to fund the Teen AIDS Prevention Program
(TAP) for FY 2001. This peer education program began in January 1999 with $32,000 from the
HIV/STD Prevention and Care Section of the North Carolina Department of Health and Human
Services, for six months to pilot a peer education program for teenagers. A Health Educator was hired,
a curriculum manual was developed, recruitment and training of teen peer educators was completed,
and successful programs were facilitated by the peer educators.
TAP was then refunded through a $35,000 grant from the Cape Fear Memorial Foundation for
FY 2000, and an application has been submitted to fund the program for two years. It is not known
if funding will be granted from the Cape Fear Memorial Foundation; therefore, submitting a grant
application to the Z. Smith Reynolds Foundation, Inc., will increase chances of the program being
funded. If both grants are awarded, services will be expanded.
Approval of Budget Amendment #01-0012 for Five (5) New 10-Month Positions for Public
Health Nurses for New Hanover County Schools Through the Health Department
The Commissioners approved Budget Amendment #01-0012 to budget an additional $192,520
from New Hanover County Schools allocated to the Health Department for five (5) additional School
Nurses. The positions are for 10 months and will be hired and supervised by the Health Department.
Funding includes salaries/fringes, operating expenses and capital outlay for work stations. The request
for these positions was not approved during the FY 2001 budget process, although the Board of
Education had earmarked the funds from its budget, which was the need for the budget amendment.
Budget Amendment #01-0012-Public Health/School Health
ADJUSTMENTDEBITCREDIT
Public Health:
School Health
Contributions from Schools$192,520
Salaries and Wages $133,208
Social Security Taxes $10,190
Retirement - Local Govt. Employee $6,527
Medical Insurance Expense $23,010
LT Disability Insurance $395
Telephone Expense $500
Employee Reimbursements $3,500
Employee Reimbursement/Uniforms $2,086
Training and Travel $1,500
Capital Outlay - Equipment $11,604
Explanation
: To increase budget for $192,520 Contribution from Schools for 5 new Public Health
Nurse I positions to include salary/fringe ($173,330), operating expenses ($7,586), and capital for
workstations ($11,604).
Approval of Application for State Aid to Public Libraries
The Commissioners approved the Maintenance of Effort and State Aid applications for the New
Hanover County Public Library to receive its share of the Aid to Public Libraries Fund. Last year the
Library received $198,252 from the Aid to Public Library Fund. The funding level has not been
determined by the General Assembly for FY 2000-2001, but an increase is not anticipated. Last year’s
funding amount is included in the Library’s FY 2000-2001 budget.
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Approval of Naming the Children’s Room at the Northeast Library “Dodo’s Room”
The Commissioners approved naming the Children’s Room at the Northeast Library “Dodo’s
Room” at the request of an anonymous donor who contributed $100,000.
Approval of Letter of Support for Deaf and Hard of Hearing House
The Commissioners approved a letter of support for a Deaf and Hard of Hearing House after
hearing a presentation by Ms. N. Efoma Machupa, Executive Director for My Children’s House at their
February 7, 2000 meeting. The letter is in support of a request for exemption from the State
moratorium on opening family care homes for the deaf and hard of hearing population.
Adoption of Resolutions to Add Roads in Grove Point Plantation, Laurel Ridge Subdivision,
Heritage Woods Subdivision and Apple Valley Subdivision to the N.C. Highway System
The Commissioners adopted a resolution to add roadsin Grove Point Plantation, Laurel Ridge
Subdivision, Heritage Woods Subdivision and Apple Valley Subdivision to the N.C. Highway System.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXVI, Page 13.
Approval of Deletion of Five Positions from the FY 2000-01 Budget and related Budget
Amendment #01-0008
The Commissioners approved the following Budget Amendment:
ADJUSTMENTDEBITCREDIT
Property Management:
Southeastern Mental Health Housekeeping$75,000
Salaries and Wages$48,967
Social Security Taxes$ 3,746
Retirement-Local Govt. Employee$ 2,424
Medical Insurance Expense$13,806
LT Disability Insurance$ 113
Janitorial Supplies$ 4,556
Fuel and Supplies$ 488
Uniforms$ 900
Explanation:
To reduce adopted budget revenue and expenditures by $75,000 since Housekeeping
Agreement with Southeastern Center for Mental Health did not transpire.
th
Authorization for City of Wilmington to Investigate the County Owned Portion of a Site on 17
Street for Possible Use as Police Headquarters
The Commissioners authorized the City of Wilmington to investigate its 3-acre portion of a
th
piece of property located on 17 Street between Marstellar and Martin Streets as a possible site for a
new police headquarters. The County has not identified use for this property at this point, and the
assessed value of the land is $669,144.
Approval of Budget Amendment #01-0009 for One Month Extension on the Lease for the Plaza
East Branch Library
The Commissioners approved the following budget amendment:
Budget Amendment #01-0009-Non-Departmental/Contingencies/Library
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingencies$3,000
Library:
Rent$3,000
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MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 89
Explanation:
To transfer funds from Contingencies for one-month extension on the lease for the Plaza
East Branch Library. The breakdown of a metal press for constructing the shelving in the Northeast
Regional Library caused a delay in moving from the Plaza East Branch.
Approval of Budget Amendment #01-0010 -Fire Service Administration/Fire Departments
The Commissioners approved the following budget amendment:
#01-0010 - Fire Services Administration/Fire Department
ADJUSTMENTDEBITCREDIT
Fire Services Administration:
Fire Departments:
Ogden Volunteer Fire Department$35,323
Seagate Volunteer Fire Department 2,903
Administrative Reserve$36,582
Winter Park Volunteer Fire Department 1,644
Explanation:
To adjust payments to the Volunteer Fire Departments for FY 1999-2000 contracts
based on anticipated revenue from the City of Wilmington and Pender County. Adjustments were
necessary to reflect the actual amounts received from the City and Pender County.
Approval of Budget Amendment #01-0011 - Various
The Commissioners approved the following budget amendment:
Budget Amendment #01-0011 -Various
ADJUSTMENTDEBITCREDIT
Handgun Safety Grant$ 1,635
Printing$ 550
Supplies$ 1,085
Hazard Mitigation-Project Impact$ 11,154
Salaries$ 684
Travel$ 3,279
Capital Outlay$ 7,191
Disaster Resistant Community Grt-4328$306,689
Disaster Resistant Community Grt-4327$ 87,274
Contract Services-4328$ 20,258
Engineering-4328$ 27,271
Other Improvements-4328$193,854
Administrative & Legal-4328$ 5,161
Contract Services-4327$ 68,274
Supplies-4327$ 5,000
Travel-4327$ 10,000
Printing-4327$ 6,000
Other Improvements-4327$ 58,145
Planning-Disaster Resistant Community Grant$100,000
Contract Services$100,000
Explanation:
To rollover unexpended grant funds from FY 1999-2000 to FY 2000-2001.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 90
ACKNOWLEDGMENT OF NEW HANOVER COUNTY BOARD OF EDUCATION FY2000-
2001 BUDGET RESOLUTION
County Manager O’Neal requested the Board to acknowledge the New Hanover County Board
of Education FY2000-2001 Budget Resolution and approve their use of the fund balance at this level
to fund current expenses in the New Hanover County Board of Education FY2000-2001 budget.
Commissioners Birzenieks asked how much the Board of County Commissioners increased the
school budget this fiscal year versus the last fiscal year for both capital expenditures and operating
expenditures.
County Manager O’Neal explained that the Budget Director was on vacation, and he did not
have the exact figures; however, these figures would be posted on the County web site tomorrow and
included in the press release that will prepared by Mark Boyer.
DISCUSSION ON SAFETY AND LAW ENFORCEMENT IN COUNTY PARK
S
Commissioner Birzenieks advised that he was concerned about the number of complaints
received from citizens regarding illicit, illegal, and immoral activities occurring in County Parks,
particularly at Hugh MacRae Park. He noted that a fundamental function of government was to
provide safety for its citizens as well as protect the investment made by New Hanover County to
provide a good parks system to the public.
County Manager O’Neal advised that he had discussed this issue with Sheriff McQueen to
determine the best way to approach this problem. With the current workload of deputies, more
positions will be needed or a Parks Ranger System could be established. Under this system, park
rangers would report to the Director of Parks and Assistant County Manager.
Sheriff Joe McQueen informed the Board that numerous complaints have been received about
illicit behavior in County parks. The Parks Ranger System is a good idea but when dealing with people
who are involved in these type of activities, you need people with arrest powers. The City/County Vice
& Narcotics squad has performed an excellent job in patrolling and trying to ensure the safety for
people using the parks. He advised that at least two deputy positions are needed to provide a better
patrol of the parks. He offered to prepare a recommendation to consider at the next meeting.
After further discussion, it was agreed that a recommendation should be presented to the
Board for consideration on August 21, 2000.
PUBLIC HEARING TO CONSIDER A REQUEST FROM THE HADEN-STANZIALE
LIGHTHOUSE DEVELOPMENT CORP., FOR A SPECIAL USE PERMIT TO LOCATE A
PERSONAL CARE FACILITY ON THE EAST SIDE OF THE 7900 BLOCK OF RIVER
ROAD (S-467, 07/00)
Chairman Caster 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:
Dexter Hayes, Director of Planning
Dan Weeks, Petitioner
Barbara Hollandsworth
Jim Bailey
Bob Fullerton
Alliston Bachrodt
Dennis Satterfield
Bob Green
Bill Harrell
Don Schmidt
Bill Goodson
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 91
Iona Goodson
Paul Parrington
Denis Murray
Gary H. Smith
Judith Culbreth
Jan Turner
Angelo Ciardella
Donna Paugh
Sandra McGough
Mark McGough
Tom Grady
Ruth Nienhuis
Elizabeth A. Callahen
Andy Wood
Bill Austin
Audrey Rivenbark
Planning Director Dexter Hayes reported at the Planning Board meeting held on July 6, 2000,
adjoining neighborhoods expressed concerns about environmental degradation of the area and the
proposed road connection from the site into the Lords Creek development to facilitate emergency
access to Carolina Beach Road. Several individuals also spoke in favor of the project indicating that
the personal care facility would be the best use for the area considering the amount of wetlands and
conservation areas on the property.
The Planning Board recommended approval of the project by a 4 to 0 vote subject to the
following conditions:
1)Every effort must be made to mitigate potential flood and environmental concerns.
2)Adequate water and sewer service must be secured prior to construction of the facility.
3)The Lighthouse Development Corporation will be required to join the Ocean Forest
Lakes Homeowners Association in order to utilize and maintain the private roads in
Ocean Forest Lakes development.
4)Low intensity lighting and adequate buffering must be installed in the parking areas to
mitigate concerns from adjoining landowners in Ocean Forest Lakes.
Planning Director Hayes presented slides showing the location of the property and its proximity
to Ocean Forest Lakes subdivision. Slides were presented on existing street stubs and where the access
streets would tie into the project.
Planning Director Hayes presented the following preliminary 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.Presently, sewer and water services will be provided by individual systems.
B.The project will have direct access (private) from River Road. Existing secondary
access nodes will be utilized from Ontario and Clarkhill Roads in Ocean Forest Lakes
development.
C.The project will be served by Myrtle Grove Volunteer Fire Department and EMS
District 5 from Carolina Beach.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 92
D.Approximately 20 acres of the 294 acre site will be developed.
E.Portions of the proposed facility are located within the 100 year flood zone.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Personal care facilities and other related activities are permitted by special use in the R-
15 Zoning District.
B.Buffer and conservation setback requirements will be required in accordance with
Section 72.9 and Section 59.4 of the County Zoning Regulations.
C.The project proposes 328 parking spaces.
D.The project will consist of a main facility with 65 units, employee housing with 28 units,
and a corporate center with 24 units.
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.Land adjacent and south of the project is vacant and contains 404 wetlands. Property
to the north is partially developed as Ocean Forest Lakes. Property adjacent and east
of the project is partially developed as Lords Creek development. A large portion of
land south of Lords Creek is vacant and contains 404 wetlands.
B.Personal care facilities located throughout the County are permitted by special use.
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 based upon the
following findings:
A.The 1999 New Hanover Land Classification Plan identifies this area as predominately
Conservation. This land class provides for the effective long-term management and
protection of significant, limited or irreplaceable natural resources while also protecting
the rights of the property owner. In order to promote the highest and best use while
preventing a negative impact on water quality, site specific flexibility and creativity is
desirable.
B.Approximately 20 acres (7%) of the 294-acre tract will be developed with buildings on
6 acres, roads and trails on 10 acres and parking on 4 acres.
C.Other areas displayed on the site involve passive recreation such as farming area,
orchards, tree house, and garden area.
Planning Director Hayes reported that Staff suggested the following recommendations:
1)Every effort should be made to mitigate potential flood and environmental concerns.
2)Adequate water and sewer service must be secured prior to construction.
3)Alternate access from the site through Lords Creek development (Hailsham Drive)
should be provided.
4)Roads in Ocean Forest Lakes are private. Use of these roads will require joining the
Ocean Forest Lakes Homeowners Association for maintenance and liability concerns.
5)Primary parking areas should be relocated closer to River Road to minimize trips
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 93
through residential neighborhoods.
Commissioner Davis asked if the proposed project was consistent with the Land Use Plan.
Planning Director Hayes responded that since only 7% of the entire site is being developed, the
project would comply with the Land Use Plan.
Commissioner Davis asked who owns the roads at Ocean Forest Lakes.
Planning Director Hayes responded that no title search was performed; however, when the
Ocean Forest Lakes development became bankrupt, the roads were purchased by Mr. Nathan Sanders,
who owns the balance of the property and has offered to sell the land to the petitioner. The roads are
private and maintained by residents living in Ocean Forest Lakes.
Further discussion was held on the ownership of the roads. Commissioner Davis expressed
concern for reading in the agenda material that one part of the deal would be to require the Lighthouse
Development Corporation to join the Ocean Forest Lakes Homeowners Association so these roads
could be used. He requested an explanation of this request.
Planning Director Hayes explained that since these are private roads, the Legal Staff felt that
some type of arrangement would have to be created between the Lighthouse Development Corporation
and Ocean Forest Lakes in terms of liability and responsibility for maintenance of these private roads,
which was the reason for the Planning Board including the third condition, to require the Lighthouse
Development Corporation to join the Ocean Forest Lakes Homeowners Association in order to utilize
and maintain the private roads in the Ocean Forest Lakes development.
After further discussion of the road ownership, Commissioner Birzenieks requested the County
Attorney to comment on this issue.
County Attorney Copley explained that the first recommendation was for the developer to join
the homeowners association. There was also discussion of requiring the developer to pay a pro-rata
share for maintenance of the roads. After being contacted by counsel representing the Ocean Forest
Lakes Homeowners Association, the residents are opposed to use of their private roads as access for
the proposed Lighthouse Development Corporation project. The residents are concerned about the
damage that will be incurred with 18 wheeler trucks using private roads that were not built to State
standards and are only 20 feet wide. On the other hand, Mr. Nathan Sanders has retained a right to
use the roads in Ocean Forest Lakes, which he will convey to the Lighthouse Development
Corporation; however, since the recorded documents do not expressly specify that such use may be
commercial, the proposed road use may violate restrictive covenants. Another issue is whether Mr.
Sanders would be willing to donate money as part of the Special Use Permit to help with the roads,
or if access from River Road is sufficient for the project.
In closing, County Attorney Copley informed the Board that attorneys representing both sides
will make presentations and the County Commissioners should listen to the information presented and
render a decision based on the evidence presented and findings of fact meeting the four general
requirements outlined in the Zoning Ordinance for issuance of a Special Use Permit.
Chairman Caster asked if the petitioner would like to speak.
Mr. Dan Weeks, the petitioner, referred his time to Mr. Jim Bailey, the representative from the
Lighthouse Education Center.
Mr. Jim Bailey advised that the proposed project was unique and stated he could understand
the concerns of the residents particularly with the past history and bankruptcy of the real estate
developers. He informed the Board that he was an investment banker and became involved with the
project because a business partner was diagnosed with leukemia, which generated enough passion in
both of them to want to create a facility and environment to share a healthy way of life with other
people.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
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The Lighthouse Development Corporation wants to be a good neighbor, and we feel the four
requirements of the Special Use Permit have been met with the proposed plan. The use will not
materially endanger the public health or safety of the area. Residents are concerned about traffic;
however, if this property is developed residentially, 735 homes can be built on the property. Under the
proposed project only 20 of 294 acres will be developed for construction of four main buildings which
will generate a minimal amount of traffic.
The proposed use will not injure the value of adjoining or abutting properties. This facility will
be a first class resort similar to places like La Costa, The Golden Door, and Canyon Ranch where
people will come from around the world to spend some time in this first class spa. This facility should
increase the value of surrounding properties.
The location and character of the area will not be harmed by the proposed facility. The plan
has been designed to blend in with the area and in five years, people will be proud of living near the
Lighthouse Development Center.
In closing, Mr. Bailey stressed the importance of everyone understanding that the proposed
facility can be done responsibly by keeping the neighbors concerns in mind and providing a facility that
will economically enhance the area.
Mr. Dan Weeks advised that since the beginning of the project, it was felt the proposed facility
would be the ideal structure on a beautiful piece of land. When approaching the Planning Staff about
building the facility, it was found that a personal care facility did not fit into one specific element of the
New Hanover County Zoning Ordinance. As to traffic, only 40 guests will come and stay for a week
or longer based upon the educational program. There will be 25 time-share units to accommodate the
visitors. Because of the low density and low impact approach, Mr. Bailey wants to be an advocate of
good planning, and every innovative procedure within State guidelines will be used to address storm
water management.
With reference to traffic concerns, everyone must realize that this property will be developed.
Under the proposed plan, there will be only one crossing and a bridge crossing over the existing
wetland area to access a guard house. There will be an area designated for the guests with 180 parking
spaces and two bus parking spaces. The guests will park their cars and go to the nearby visitors center
where they will be picked up by a horse drawn carriage to provide a pedestrian drive, friendly
environment. The total number of parking spaces for employees will be 220, which means that 2 trips
per employee per day will generate an impact of 440 trips per day into the Ocean Forest Lakes
development. This is a minimal amount of traffic compared to the 2,496 trips per day for a single
family detached development.
It is the intent for the facility to be serviced by light trucks, not 18 wheelers. After discussing
this issue with Staff, and it was noted that the proposed project would not be classified as a commercial
facility.
In closing, Mr. Weeks advised that traffic would be reduced under the proposed plan and stated
that every effort will be made to preserve the existing vegetation without disturbing existing wetlands.
Currently, the property can be developed primarily for single family detached or performance
residential development without having to request a Special Use Permit. However, it is felt the
proposed plan would be a much better use of the property. He also informed the Board that he had
a copy of the actual deed of ownership for the land if it is needed for the record.
County Attorney Copley requested a copy of the deed to hold as part of the record.
Clerk to the Board, Lucie F. Harrell, marked the deed as the Petitioner’s Exhibit I.
Mr. Bill Harrell, the attorney representing the residents of Ocean Forest Lakes Homeowners
Association, informed the Board that residents of Ocean Forest Lakes were also concerned about the
environment of this area. They are not opposed to all aspects of the development, but Mr. Bailey and
Mr. Weeks indicated that this tract of land will really not be developed. Realistically, the property
cannot be developed into performance residential with the trips calculated because it will not be
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
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permitted by the Corps of Engineers and CAMA. Mr. Bailey and Mr. Weeks may be able to build 300
to 400 homes which would not be economically feasible. Another point to consider is that the
proposed facility will be a commercial resort which is not permitted under R-15 Residential zoning.
There will be a restaurant, retail shops, auditorium, and amphitheater, which is not a personal care
facility.
Mr. Harrell advised that the primary concern of the residents is the use of private roads in
Ocean Forest Lakes. The residents simply do not want these roads used as access to this facility.
There are other alternatives, such as using access off River Road. This would be more realistic
particularly when these private roads are only 20 feet wide and are not suitable for commercial use,
which it not permitted under the covenants.
In closing, Mr. Harrell advised that Mr. Donald Schmitt would further discuss the details
regarding the private roads, Mr. Bill Goodson will briefly report on the potential impact to the water
and sewer in this area, and Ms. Jane Kopczynski will comment on negotiations with the developer.
Commissioner Howell commented on stating that the use was illegal and asked Mr. Harrell if
County Staff had misinformed the Commissioners.
Mr. Harrell responded that he did not say it was altogether illegal, but there are some non-
permitted uses.
Commissioner Howell reminded Mr. Harrell that he was under oath and stated that County
Staff has informed the Board that the uses are permitted. He requested an explanation from Mr.
Harrell.
Mr. Harrell pointed out that under R-15 zoning, a grocery store, guest suite/motel, museum,
restaurant, or retail shops are not permitted under this type of zoning. A personal care facility could
be permitted if reviewed as a whole, but when breaking it down into components, you will find some
of the uses are not permitted.
Commissioner Howell asked Mr. Harrell how he knew that the property could not be developed
into 735 homes.
Mr. Harrell responded that a large part of the property consists of 404 wetlands that will have
additional restrictions, which will limit the amount of development.
Commissioner Howell stated that he believed 735 units could be constructed because the
Planning Staff has indicated that with the number of acres classified as uplands 2.5 units can be
permitted per acre for a total build out of 735 units. He again asked Mr. Harrell why he said this could
not be done.
Mr. Harrell responded that after discussion with Mr. Sam Burgess of the Planning Department,
he was informed that realistically approximately 500 to 600 units could be built which would not be
economically feasible. He deferred the question to Mr. Burgess.
Commissioner Howell responded that Mr. Burgess was not in the development business and
stated all he wanted to know was how these numbers and accusations were calculated.
Mr. Donald Schmitt, presented a map and pictures of the roads and homes in Ocean Forest
Lakes development, marked by the Clerk to the Board as Exhibit I from the opposition. The affected
roads were marked in blue. The developer’s proposal is to bring guest traffic over a bridge with
service trucks using the roads marked in blue. Photographs were presented of the Ocean Forest Lakes
Entrance, Wataga Drive, which is approximately three-tenths of a mile; Okeechobee Road, which is
about six-tenths of a mile, and Champlain Road, which is about two-tenths of a mile. The road is only
20 feet wide. The entrance to Ocean Forest Lakes is 10 feet wide on each side of the island. An 18
wheeler is over 8feet wide, which leaves about 10 inches on either side of the island. This makes it
almost impossible for these trucks to enter into the subdivision.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
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Mr. Schmitt presented pictures of typical homes in the subdivision showing road frontage of
20 feet with no curbs. He said that any additional traffic in addition to the 165 lots in Ocean Forest
Lakes and 16 lots in Ocean Trails would negatively impact the existing homeowners. Pictures were
also presented of drainage problems during moderate rainfalls, and Mr. Schmitt said that the residents
are concerned about the impact of this development on drainage.
In closing, he advised after a complete review of the proposed project, the residents could live
with the development if the following recommendations were applied:
1.Relocate some of the employee parking, moving it to the west and closer to the River Road
entrance of the facility. Employee parking is in the back, and it can be modified and moved
much closer to River Road.
2.Modify the interior road if the employee parking lot remains in the same place.
3.Use Lords Creek Road, as the secondary access road because it is shorter, wider, and has
sidewalks on each side.
In closing, Mr. Schmitt requested the Commissioners to consider these recommendations if the
Special Use Permit is granted. He noted that the Planning Staff had recommended relocation of the
primary parking area closer to River Road.
Mr. Bill Goodson, a resident of 7614 Pontchartrain Road, reported that the proposed
commercial complex will be comprised of 65 guests and time-share living units, 29 employee units,
retail shops and dining facilities which will require water. These 120 units will require the use of
potable water. State Code T15-A-18-C.0902 requires no more than 40 units to be connected per 2-
inch well. This would mandate a minimum of 3 wells to be sunk on a small portion of land to provide
potable water to this facility. This does not include consideration for fire protection or irrigation. This
proposed well will be a community well and State regulations for these types of wells require a
minimum of 140 gallons of water per minute. This means that a water drain equivalent to 120
residential wells plus the number of sunken wells will be needed to provide fire protection and
irrigation.
Due to concern about salt water intrusion to existing wells in Ocean Forest Lakes, the
Commissioners are being requested to require this commercial venture to connect to the County water
supply currently being installed at Veterans Park. The distance from this project to the proposed site
is approximately four-tenths of a mile, and the County water system can provide 300 gallons per minute
according to the County Engineering Department.
Mr. Goodson said the second issue of concern is use of the roads. If the employees of the
proposed facility are not good enough to be seen by its customers, why should they drive through
Ocean Forest Lakes. This is obviously a Disney World complex, and one would think the developer
has sufficient money to build the roads necessary to facilitate the operation and not impede on the
privacy of our neighborhood.
Ms. Jane Kopczynski, President of Ocean Forest Lakes Homeowners Association, spoke about
how this resort will negatively impact the neighborhood and stated that she was not speaking out of
fear but out of reality. She noted that the Planning Board had recommended approval of the Special
Use Permit with the condition that the Lighthouse Development Corporation be required to join the
Ocean Forest Lakes Homeowners Association in order to utilize and maintain private roads in the
development. According to the Articles of Incorporation (the By-laws and covenants), this condition
cannot be met because only owners of plotted lots in Ocean Forest Lakes are eligible for membership
in the Homeowners Association.
Ms. Kopczynski spoke on the beauty of this area and stated the covenants were in place to
protect the quality of life and property values. If the Special Use Permit is granted, this resort will
change Ocean Forest Lakes from a peaceful residential community into a commercial thoroughfare.
It is not only an insult to the beautiful entrance way, but a heavy burden placed on our roads, which
will result in a safety hazzard to our residents and children waiting for buses. Another unpleasant
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
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aspect is lighting from the large parking lots, stables and riding areas, which could affect the property
value of the closest lots to the resort. This resort will combine horses moving along footpaths near
wetlands and marshes where mosquitoes breed. This could be setting the stage for eastern equine
encephalitis, which is a deadly disease that was discovered in Castle Hayne, with 50% of the cases
being fatal.
Ms. Kopczynski stated that the proposed commercial resort is not in harmony with Ocean
Forest Lakes or other surrounding neighborhoods such as River Oaks, River Island, and Lamb’s Bluff.
At the last meeting of the Homeowners Association held on July 24, 2000, an unproductive exchange
occurred with Mr. Bailey and Mr. Weeks. While the Homeowners Association agreed that the resort
could be a good use of the land if our issues were addressed, no agreement could be reached on how
changes could be made. In an effort to intimidate the Association, threats were made again and again
about placing 700 double-wide trailers on the property. Such intimidation and exploitation seemed out
of character with the theme proposed for the Lighthouse Education Facility. They propose peace and
serenity for their guests but lack any consideration for the right to peace and quiet now enjoyed by
residents living in Ocean Forest Lakes. At the end of the meeting, it was decided to see if a
compromise could be worked out to resolve the issues. A list was made of the concerns and Mr.
Bailey said that he would try to address the issues. After waiting a week, the Association contacted
Mr. Bailey and he requested us to prepare some resolutions to solve the issues. The resolutions were
prepared and no response has been received as of this date. It is felt that the Association negotiated
in good faith but Mr. Bailey did not.
In closing, Ms. Kopczynski cited a quote from Aldo Leopard, the great conservationist, and
she requested the Commissioners to respect the community and not allow a commercial resort to be
built at the expense of residents living in Ocean Forest Lakes.
Chairman Caster expressed concern for a letter received from a resident and stated he was
insulted by the following threat:
“Be assured that our Board of Directors is actively pursuing every possible way to prevent this
from occurring, but we need your help. We are preparing a presentation for the County
Commissioners meeting, but it will go on deaf ears unless we have a crowd there to support
us. It is an election year.”
Ms. Kopczynski responded that this comment was never meant to be a threat; however, when
attending the Planning Board meeting, it was found that if a huge crowd attended the meeting, they
would gain support of the Board. She apologized for offending anyone.
Chairman Caster accepted the apology.
Ms. Kopczynski presented petitions from the homeowners living in Ocean Forest Lakes.
The Clerk to the Board marked the petition as Exhibit II from the opposition.
Commissioner Davis asked Mr. Harrell why this project does not meet the four criteria that the
Board of County Commissioners must find for granting a Special Use Permit.
Mr. Harrell explained that essentially the burden of responsibility is placed on the proponents
to show that the use meets the four general requirements. In this case, he stated this had not been
done.
Commissioner Davis, again, asked how the requirements had not been met.
Mr. Harrell stated that the public safety and health requirement had not been met because the
roads are not designed to handle the type of commercial traffic that will be generated by the proposed
use, which will not be safe for residents living in the area. The water supply is another serious concern
because of salt water intrusion. The proposed development is not in character with the peaceful
residential neighborhoods surrounding this commercial use and based upon these reasons the Special
Use Permit should not be granted.
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Mr. Harrell presented copies of the Articles of Incorporation, By-laws, a letter from the
Planning Department dated July 7, 2000, the declaration of covenants, and a table of permitted uses
to the County Attorney.
The Clerk to the Board marked these documents as Exhibit III from the opposition.
Mr. Harrell commented on this being an emotional issue, and he requested the residents of
Ocean Forest Lakes Homeowners Association to stand up and be recognized.
Commissioner Birzenieks referenced the term, commercial use, and he asked the Planning
Director if the Lighthouse Education Center would be a commercial use.
Planning Director Hayes explained that the use was classified as a personal use, personal care
facility. There is no distinct classification for this type of use, so it was placed in the most appropriate
category. The concerns regarding a restaurant, retail shop and other incidental uses, are similar to a
nursing home. It is not a commercial use under the definition in the Zoning Ordinance.
Commissioner Davis asked County Attorney Copley if she concurred with the definition as
stated by Planning Director Hayes.
County Attorney Copley responded that she was comfortable with the response from the
Planning Director, who found the most appropriate place for this use in the list of permitted uses
outlined in the Zoning Ordinance.
Mr. Harrell spoke understanding that a personal care facility is permitted under the Zoning
Ordinance, but stated in his opinion and the position taken by the Homeowners Association, this is not
a personal care facility but a commercial resort. He expressed appreciation to the Board of County
Commissioners for the time given to hear the case.
Commissioner Howell stressed the importance of everyone understanding that the proposed
facility will have a much lower impact on adjacent neighborhoods and the environment than
development of single-family dwellings on the entire tract of land. He said that the residents should
be grateful for a project of this type being located on the site.
Mr. Harrell stated, for the record, the residents are not saying do not build the facility, but they
are requesting the following conditions to be placed on the Special Use Permit: (1) no access to Ocean
Forest Lakes; (2) the provision of County water and sewer; and (3) increase buffer zones. If these
conditions are approved, everyone will have a win-win situation.
Chairman Caster requested Mr. Weeks to respond to the conditions listed by Mr. Harrell.
Mr. Weeks stated that meetings have been held with the New Hanover County Water and
Sewer Department to connect the project to the county system. Currently, there is a county water line
being extended through Veterans Park, which would be the preferred way to provide water and sewer
to the project.
Commissioner Davis asked Mr. Weeks if he would object to this condition being placed on the
Special Use Permit.
Mr. Weeks responded he had no problem with this condition; however, he is not sure when the
water line will be completed and when the connection can occur.
Commissioner Davis requested Mr. Weeks to comment on the suggestion of using an alternate
road.
Mr. Weeks responded that every consideration has been given to prevent the removal of trees
from the property. The alternate route would be to circle the lake by accessing around existing
vegetation coming behind the stables and making more of an impact on the environment. An effort has
been made to implement a pedestrian friendly network so guests and visitors are encased on the
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site. In order to alleviate problems with noise and lighting, passive recreational activities will be
provided and low intensity lighting will be used with low voltage.
Chairman Caster expressed concern for all parties involved not being able to sit down and
resolve these issues because this is an ideal project for the site.
Mr. Jim Bailey responded that he felt the parties could get together to resolve the issues. He
stated that he wanted to work with the homeowners.
Commissioner Birzenieks suggested tabling this issue for 30 days to allow dialogue to occur
between the two parties.
Mr. Bailey stated he would be glad to work with the residents, but reminded the Board that
work began on the project in December 1999.
Mr. Harrell agreed to sit down and discuss the issues of concern.
Mr. Paul Barrington, a resident of 7704 Pontchartrain Road in Ocean Forest Lakes community,
expressed appreciation for the opportunity to express his point of view. He stated at this time, he was
not opposing or endorsing the proposed project because there are too many unresolved issues. The
provision of an adequate water and sewer service should be secured prior to granting the Special Use
Permit. A majority of the proposed project site is in the flood plain. The N. C. General Assembly
recently approved legislation to limit building in flood plains. Although the plan does not require
communities to adopt a flood plain ordinance, it does penalize them in the application for water and
sewer grants.
Storm water runoff and drainage are important issues. It is felt that a comprehensive storm
water runoff plan should be in place before granting the Special Use Permit. Due to poor planning by
the developers of Ocean Forest Lakes, Ocean Trails and past County Planning Boards, this community
has already experienced significant flooding problems during storm events. Alteration of the proposed
site topography may compound the problem. The proximity of 108 parking spaces for guests near the
existing lake on both sides is of concern. An adequate plan should be developed to prevent toxins,
such as motor oil and radiator fluids, that accumulate on parking surfaces from entering these pristine
lakes. Another concern is how will runoff associated with fecal coliform from the stable area be
contained.
In closing, Mr. Barrington requested the Commissioners to make an informed decision about
this unique piece of green space in New Hanover County and require a strong drainage plan and
County water and sewer as conditions of the Special Use Permit if it is approved.
Discussion following on rules and regulations regarding the flood plain. Planning Director
Hayes advised that New Hanover County does have flood plain regulations that comply to the
legislation recently enacted by the N. C. General Assembly.
County Attorney Copley informed the Board that Mr. Harrell has some evidentiary issues that
need to be placed into the record. Since the Commissioners are acting as a quasi-judicial body, the
testimony must be heard. Mr. Harrell is attempting to establish a record if this case should go to
Superior Court.
Mr. Harrell stated under the testimony presented by Mr. Bailey, reference was made about an
appraisal, and he stated this was hearsay, which should be reflected in the record. He noted that Mr.
Bailey referred to an appraisal, but he did not offer an appraiser or any appraisal report.
Mr. Harrell stated under the testimony presented by Mr. Weeks, reference was made to specific
numbers regarding traffic counts, but this was speculative in nature since no formula was presented.
The record should reflect that this testimony is speculative in nature and not admissible.
Ms. Barbara Hollandsworth, a resident and representative of Lords Creek, requested all persons
present from Lords Creek to stand and be recognized. She reported when the Planning
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MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 100
Board meeting was held, a large group of residents attended the meeting to express opposition to
cutting a road through Lords Creek. The residents are not opposed to the project, but they are
strongly opposed to this connection being made.
Mr. Denis Murray, a resident of 122 Marsh View Trail, spoke on appearing before the
Commissioners on July 12, 2000 and August 2, 2000, regarding the potential flooding of his rental
house in Hidden Valley and stated his property value had been reduced by $18,000 because of flooding.
He stated that his residence at 122 Marsh View Trail will adjoin the Lighthouse Education Center, and
he urged the Commissioners to require the developer to install a comprehensive drainage program to
avoid storm water runoff discharging onto his property. He also expressed concern for having a
cemetery within 200 feet from his backyard, an observation tower sitting over his property, and an
amphitheater within 600 feet of his house. He requested the Commissioners to consider these factors
when deciding on the proposed project.
Chairman Caster closed the Public Hearing, and requested direction from the Board.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to table this
hearing until September 5, 2000 to allow time for the parties to meet to see if issues of concern can be
resolved. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY MR. AND MRS. HERMAN HALL TO
REZONE 9.28 ACRES AT 7135-7155 MARKET STREET FROM R-15 RESIDENTIAL AND
B-2 HIGHWAY BUSINESS TO B-2 HIGHWAY BUSINESS AND CD(B-2)CONDITIONAL
USE HIGHWAY BUSINESS (Z-703)
Chairman Caster opened the Public Hearing.
Planning Director Hayes presented a map showing that the property was virtually surrounded
by existing B-2 zoning. He advised that the front portion of the 9-acre tract was already zoned B-2
and the petitioner is now requesting B-2 zoning for the remaining acreage. Pictures were presented
of the property showing the barber shop on the Hall’s property, the adjoining property known as Jones
Seafood restaurant, and commercial uses across Market Street and to the north and south of the site.
Planning Director Dexter Hayes reported that this rezoning request had been heard twice by
the Planning Board and twice by the Board of County Commissioners, including one tonight. When
the Planning Board reviewed the B-2 rezoning, they recommended that the petitioners resubmit the
request as a conditional use zoning to guarantee the completion of a connecting street that is badly
needed in this vicinity of Market Street and Middle Sound. With the amount of residential development
occurring in this area to the west, and 4,000 subdivision lots that have received final approval, traffic
is a major concern. In an effort to resolve the traffic issue, the Planning Board requested the petitioner
to provide a 50 foot wide right-of-way dedication on the northern property line, but there was a great
deal of opposition to the connector road by residents living in the Middle Sound area.
Since the last meeting of the Board of County Commissioners held on July 10, 2000, the
petitioners have withdrawn the initial agreement to pursue conditional use zoning, and are requesting
the Board to consider rezoning the remaining property, comprised of approximately 6 acres, from R-
15 Residential to open B-2 zoning.
Commissioner Davis asked if the original petition included the 50 foot right-of-way dedication.
Planning Director Hayes responded that the original petition was for B-2 zoning. During the
two meetings with the Planning Board, Staff recommended two alternatives: (1) consideration of
conditional use zoning for the balance of the property, which requires a site plan; and (2) delay
rezoning of the property until a dedicated right-of-way could be achieved through the subdivision
process. The Hall family then decided to submit a petition for B-2 Highway and CD(B-2).
Commissioner Davis spoke on being informed that the Planning Board did not have authority
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
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to request Mr. Hall to provide the 50 foot dedicated right-of-way, which by many is considered
contract zoning. He requested Planning Director Hayes to comment on this issue.
Planning Director Hayes explained that conditional use zoning is a measure upheld by North
Carolina Courts as a valid exercise of the local government’s authority to place conditions on zoning.
Some people feel this is contract zoning; however, when conditions are recommended as part of a
rezoning, the petitioner must accept the conditions. The conditions cannot be imposed on the
petitioner. The Planning Board looks favorably on conditional use zoning.
Commissioner Davis asked Planning Director Hayes if he felt there was any improper action
taken by the Planning Board while hearing the Hall case.
Planning Director Hayes responded that he felt no improper action was taken during the
Planning Board hearings.
County Attorney Copley agreed with the statement by Planning Director Hayes, and stated the
Commissioners must be sure not to become involved in any type of contract zoning.
Chairman Caster asked if the petitioner would like to speak.
Mr. Harold Seagle, the attorney representing Mr. & Mrs. Hall, advised that members of the
Hall family do not want to go back through another process on the proposed rezoning. The family is
not seeking conditional use on any portion of the property. There is concern about the good faith
effort made by Mr. and Mrs. Hall to rezone the property and satisfy the concerns of the Planning
Director and Staff. The question asked by Commissioner Davis regarding contract zoning was a good
point, but the Hall family and I do not believe that any improper action was taken by the Planning
Director or Staff. There was a great deal of confusion about the road dedication and the Hall family
did not understand the relationship between zoning and subdivision approval. New Hanover County
can require roadways and improvements to roadways through subdivision approval, not through
zoning.
In closing, Mr. Seagle advised that the Hall family is simply asking for the property to be
rezoned to B-2 Highway Business. The property is now surrounded by 85% of B-2 Highway property.
The proposed rezoning conforms to the Land Use Plan and is an appropriate use for the property. If
a connector road is needed in the future on this property, there are three mechanisms to consider: (1)
the family can voluntarily dedicate the road right-of-way; (2) a condition can be placed on the
subdivision review process; and (3) the N. C. Department of Transportation can condemn the needed
right-of-way and pave a connector road.
Discussion followed on the Board of County Commissioners deferring action on the rezoning
for 30 days to provide time for all parties to see if an agreement could be reached. Commissioner
Davis asked if a meeting was held and if a solution was reached to satisfy all parties.
Mr. Seagle responded that a meeting was held. The Halls informed the opposition that they
would be glad to meet with them at any time to discuss concerns. Of the persons attending the
meeting, Mr. Jay Peterson and Mr. Jack Wiggins announced support of the B-2 zoning. Mr. Seagle
read a letter of support from Mr. Jay Peterson. The petitioners believe that a straight rezoning of the
property to B-2 is the best use and that transportation issues should be addressed by the N. C.
Department of Transportation or by future subdivision review by the Technical Review Committee of
the Planning Board.
Chairman Caster asked if anyone from the public would like to speak.
Mr. Jack Wiggins, a resident 109 Denise Drive in Middle Sound, stated that he attended the
meeting and reported both sides were able to reach an agreement. The major concern was the four-
lane road through the Hall property. The Halls want B-2 rezoning of the R-15 property with no
conditions or dedication of a 50 foot right-of-way. The residents are happy to withdraw their
opposition, and he expressed appreciation to the Board of County Commissioners for having the
wisdom to defer action for 30 days to allow the residents and the Hall family to reach a compromise
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 102
that has satisfied all parties.
Commissioner Davis asked Mr. Wiggins if the residents of Ogden are satisfied with the
agreement because he did not want them coming to the Board at a later date saying the proposed B-2
zoning had increased traffic in the area.
Mr. Wiggins responded that if the property has to be developed, the residents would like the
property to be developed in a tasteful manner with preservation of as many trees as possible. After
talking to the Hall family, the persons attending the meeting felt that Mr. and Mrs. Hall would develop
the property in a satisfactory manner.
Mr. Harper Peterson, a resident of 221 Dock Street, stated that Chairman Caster,
Commissioner Birzenieks and he did participate as members of the Steering Committee charged with
updating the Comprehensive Land Use Plan. With rapid growth during the last ten years, City and
County residents are concerned about the detrimental affect of growth on the quality of life in New
Hanover County. Transportation was the key issue, and as a former Chairman of the Transportation
Advisory Committee, he recognized the importance of setting aside rights-of-way for future
thoroughfares and collector streets. The Southern Outer Loop was a perfect example where an
opportunity was lost to improve transportation because no rights-of-way were dedicated or purchased
to construct that road.
Mr. Peterson presented a map showing the intersection of Middle Sound Road with Market
Street and the proposed extension of Military Cut-Off Road intersecting with the North 17 Bypass.
This corridor is essential and it presently runs through Coastal Bay and West Bay Subdivision projects.
Approximately 2,500 lots in this subdivision have been developed and an additional 1,500 lots have
been plated. It is imperative that the Board of County Commissioners, Transportation Advisory
Committee, and the Transportation Coordinating Council (TCC) work with property owners and
developers to let them know this corridor must be preserved. With an additional 4,000 platted lots in
this area, 40,000 plus new trips will be generated per day. In order to address this issue, the road
dedication is necessary at the Middle Sound Road and Market Street intersection.
The second issue of concern expressed by the residents was drainage. A majority of home
construction in the Middle Sound area has been developed on land with high water tables; therefore,
drainage will have to be taken into consideration with any new development in the vicinity.
The third issue of concern expressed by the residents was the fact that only 20% of the l00
acres already zoned B-2 Highway Business in this area had been developed. Under the remaining 80%
of B-2 zoned land, large retail stores, such as Target, could be constructed. The impact of traffic on
the Middle Sound Road/Market Street intersection and surrounding neighborhoods would be almost
unbearable.
In closing, Mr. Peterson stressed the importance of coordinating all issues of concern when
considering a rezoning. He requested the Board to deny this request because of the impact of B-2
zoning on the entire area.
Commissioner Davis asked Mr. Peterson to comment on why the residents of the Ogden area
are not opposed to the rezoning.
Mr. Peterson responded that he was not a resident of the Ogden area, but he was a resident of
New Hanover County. After serving on the Transportation Advisory Committee, he had learned the
importance of planning facilities to absorb new growth. In this area, Market Street is already over
capacity by 40%, and in five years, this area could be gridlock. Corridor preservation, widening of
roads, sidewalks, and by-passes must be considered.
Mr. Bob Mayo, a resident of the Timber Creek Subdivision, summarized the position of the
residents who were in opposition to the rezoning three months ago. He stated after meeting and
discussing this issue, the residents are willing to place their faith and confidence in the Hall family. It
is felt that the Hall family will develop the property in a manner that will fit into the character of the
community. The traffic problems in this area will have to be resolved by New Hanover County,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 103
the Planning Department, and the N. C. Department of Transportation. These entities should strive
to alleviate the existing traffic problem and not compound it by placing another major intersection
which will create a string of intersections along this part of Market Street.
There being no further comments, Chairman Caster closed the Public Hearing.
Chairman Caster called for a motion.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to rezone the
property to B-2 Highway Business as recommended by the Planning Board. 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. 8B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 8-B, Page 50.
PUBLIC HEARING TO CONSIDER A REQUEST FROM HELEN THOMPSON FOR A
SPECIAL USE PERMIT TO EXPAND AN EXISTING CHILD DAYCARE FACILITY AT
2600 OAKLEY ROAD (S-465, 07/00)
Chairman Caster 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:
Dexter Hayes
Helen N. Thompson
Planning Director Dexter Hayes presented slides showing the location of the existing daycare
facility at 2600 Oakley Road. He reported that the petitioner has requested a Special Use Permit to
expand her existing daycare facility to twelve (12) children. At the Planning Board meeting held on
July 6, 2000, no one spoke in opposition to the request and one neighbor spoke in support of the
request. The Planning Board voted unanimously to recommend approval of the request.
Planning Director Hayes 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.The site is served by the Wrightsboro Volunteer Fire Department.
B.An individual well and septic system are in place.
C.The residents have direct access to Oakley Road.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Home daycare operations are permitted by Special Use Permit in residential zoning
districts.
B.Adequate open space with a fenced back yard and play equipment already exist on the
site.
C.Adequate parking can be accommodated without making any site modifications.
D.Lil Angels Daycare is a 24 hour daycare facility operating on two different shifts.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 104
E.At the request of New Hanover County Zoning Enforcement, there are currently 5
children enrolled in Lil Angels Daycare. The petitioner is requesting a Special Use
Permit to enroll 6 additional children. (The petitioner will have to meet the State
requirements regarding the number of children permitted in the facility at one time.)
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.Similar daycare operations exist in residential districts throughout New Hanover
County.
B.No evidence has been presented that residential daycare operations decrease the value
of adjoining property.
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 1999 Land Classification Plan identifies this area as Resource Protection.
Residential densities for these areas should be limited to less than 2.5 units per acre.
B.The existing daycare operation will not increase in size.
Planning Director Hayes reported that Staff had two concerns:
1)Given the limited floor area, the primary concern for this request is the overlap between
shifts and the number of children inside the daycare facility at one time.
2)Granting this expansion would allow Li’l Angels Daycare to operate two shifts with an
enrollment greater than 5 children.
Commissioner Davis asked if the use was consistent with the Land Use Plan.
Planning Director Hayes responded that the use was consistent with the Land Use Plan.
Chairman Caster asked if the petitioner would like to testify.
Ms. Helen N. Thompson, the petitioner, stated that in order to operate a 24 hour day care
facility, she needed the expansion to keep 5 children at a time 24 hours a day.
Chairman Caster asked Ms. Thompson if she agreed with the findings presented by the Planning
Director.
Ms. Thompson concurred with the findings with the exception of the number not to exceed 12
children. She requested the Board to increase that number to 15 children so she could keep 5 children
at a time, which has been approved by the State.
There being no other persons sworn in, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to grant the
Special Use Permit to Ms. Helen Thompson to expand the existing Lil Angels Day Care Home located
at 2600 Oakley Road to accommodate 3 shifts every 24 hours of no more than 5 children per shift for
a total enrollment of 15 children 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
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 105
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 8.
PUBLIC HEARING TO CONSIDER A REQUEST FROM RUFUS JAMES, SR., FOR A
SPECIAL USE PERMIT FOR A SINGLE WIDE MOBILE HOME IN AN R-20 DISTRICT
IN CASTLE HAYNE (S-468, 08/00)
Chairman Caster 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:
Dexter Hayes
Rufus James, Sr.
Luther M. Whitted
James E. Whitted
Planning Director Dexter Hayes presented slides of the mobile home that is already existing on
the property. He stated that Mr. James was requesting a Special Use Permit to legitimatize the existing
structure on the property. He advised that Staff was concerned about the use of the mobile home for
storage, when it is potentially habitable. For this reason, the Zoning Enforcement Department does
not permit mobile homes to be used as accessory storage buildings. If the Special Use Permit is
approved, the single-wide mobile home will have to be used as a residence. Also, there are several
abandoned cars near the mobile home.
Chairman Caster asked if the abandoned cars are located on the mobile home property.
Planning Director Hayes responded that it was difficult to determine if the cars were located
on the mobile home property.
Vice-Chairman Greer asked why the Special Use Permit was being requested now when the
mobile home has been located on the site for a long period of time.
Planning Director Hayes responded that the Zoning Enforcement Department was requested
to inspect the facility because of complaints from residents about the use of the facility which led to
Mr. James applying for a Special Use Permit.
Planning Director Hayes 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.The site is located in the Wrightsboro Volunteer Fire Department.
B.The site has a private well and septic system.
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 subject property is zoned R-20 Residential. Single-wide mobile homes are
permitted by Special Use Permit in the R-20 zone.
B.Upon field investigation, the location of the mobile home appears to meet the required
setbacks of the Zoning Ordinance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 106
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.The surrounding land is zoned residential, and the site is zoned R-20.
B.Other single-wide and double-wide mobile homes exist in the 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 based upon the
following findings:
A.The 1999 Land Use Plan identifies this area as Resource Protection. Densities greater
than 2.5 units per acre are not recommended.
B.Similar housing is located nearby.
Chairman Caster asked if the petitioner would like to speak.
Mr. Rufus James, Sr., the petitioner and a resident of 3501 Dutton Drive, informed the Board
that he had purchased the property four years ago with a rotten house on the site. The house was torn
down and a mobile home was placed on the site.
Chairman Caster asked Mr. James if he was living in the mobile home.
Mr. James responded that he was not living in the mobile home.
Chairman Caster informed Mr. James that if the Special Use Permit is approved by the Board,
the mobile home will have to be occupied as a residence in order to comply to the Zoning Ordinance.
Mr. James said he would be glad to let his children live in the mobile home. He presented a
petition comprised of signatures from neighbors who are not opposed to the mobile home being used
as storage.
The Clerk to the Board marked the petition as Exhibit I.
Commissioner Davis requested Mr. James to comment on the abandoned cars.
Mr. James explained that a person was working on the cars and the Sheriff arrested him. Since
that date, he has never seen this person. He stated that you cannot get rid of cars if you are not the
owner.
Vice-Chairman Greer advised that the law will not allow persons to dispose of a car without
the title being in their name.
Deputy County Attorney Kemp Burpeau informed the Board that the property owner could
have the car removed but the car would have to be stored. It might be difficult to find a garage to store
an abandoned vehicle of little value; however, if the garage did store the vehicle the company would
have a lien on the car, and if the owner never picked up the car, the vehicle could be sold by the garage.
Under the New Hanover County Ordinance, only one inoperable car can be placed on a residential lot.
Once an abatement order is issued to the property owner and the vehicle is not removed, a County
Enforcement Officer does have authority to remove the car.
Commissioner Davis expressed concern for abandoned cars becoming a safety hazard with
rodents and snakes as well as a danger of children being trapped in the vehicles.
Mr. Luther Whitted, a resident of 2601 Chair Road, approximately 350 feet north of the site,
advised that a buffer of trees separates his property from the property owned by Mr. Jones; therefore,
he does not have to see the James property with the mobile home or junk vehicles. He informed the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 107
Board that he was not opposed to planned development, but in this case Mr. James has abused the
process. Two single-wide units have been placed on this property since 1998. The Zoning
Enforcement Department has been trying to resolve this problem, and it is now before the Board of
County Commissioners. When Mr. James found out he was in violation of the Zoning Ordinance, he
then applied for a Special Use Permit. He requested the Board to deny the Special Use Permit because
the trailers were placed on the lot in 1998 without permits from the Inspections Department.
Chairman Caster asked if the mobile home had plumbing and electricity.
Planning Director Hayes responded that he did not think electricity was being provided to this
site. He also informed the Board that another double-wide trailer with a permanent foundation was
located on the site, which does not require a Special Use Permit under the Zoning Ordinance.
Mr. James Whitted, a resident of Chair Road, reported that he was on the Planning Board when
Chair Road was zoned in the 1960's. Not one person has requested a Special Use Permit to place a
single-wide trailer in the community. It is not right to place single-wide trailers in an R-20 District.
After living in this area for 50 years, the residents of this community have abided by the regulations in
the Zoning Ordinance. He requested the Board to deny the Special Use Permit.
Chairman Caster asked Mr. James if he agreed with the findings as presented by the Planning
Director.
Mr. James concurred with the findings as presented.
There being no further comments, Chairman Caster closed the Public Hearing.
Chairman Caster requested a motion.
Motion:
Commissioner Birzenieks, MOVED, SECONDED by Commissioner Davis, to deny granting
the Special Use Permit based upon the conclusion that all specific requirements set forth in Section 71-
1(3) of the New Hanover County Zoning Ordinance have not been satisfied; namely that the use will
not materially endanger the public health or safety if located where proposed and approved based upon
the following findings of fact: (1) No evidence has been presented to show that adequate well and
septic facilities exist on the site; and (2) allowing the mobile home to be used for storage on the site
would potentially endanger the public health and safety which is inconsistent with the first general
requirement. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order denying the Special Use Permit and a copy of Exhibit I are hereby
incorporated as part of the minutes and are contained in SUP Book III, Page 8.
PUBLIC HEARING TO CONSIDER A REQUEST FROM CARILLON ASSISTED LIVING
FOR A SPECIAL USE PERMIT TO LOCATE A NURSING AND PERSONAL CARE
FACILITY AT MASONBORO LOOP ROAD (S-461, 06/00)
Chairman Caster 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:
Dexter Hayes
Tim Lake
Phil Norris
Phyllis Boyd
George M. Glenn
Elexsis McGowan Pegram
Maude McGowan
Theodore H. Hewlett
Allen L. McKeithan
Ronald H. Boyd
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 108
Amona Hobbs
Wayne Rhodes
James Wenning
Planning Director Dexter Hayes presented slides showing the property located near the
intersection of Masonboro Loop Road and Masonboro Sound Loop Road with an abandoned Tidal
Market on the site. He reported on July 6, 2000, the Planning Board voted unanimously to recommend
approval of the request for a nursing and personal care facility to be located on the site with the
condition that the petitioner will provide street landscaping along Masonboro Loop Road in accordance
with the most recent standards of the Landscape Section of the proposed Unified Development
Ordinance.
Planning Director Hayes 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.The property is located in the Winter Park Volunteer Fire Department District.
B.The site has direct access to Masonboro Loop Road.
C.County water and sewer are available.
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 showing a 22 feet high , 27,500 square foot building with 46 units and 74
proposed beds has been submitted and meets the requirements of the zoning ordinance.
B.No provisions for storm water management are shown on the proposed site plan.
C.There are 39 proposed parking spaces which exceeds the County minimum parking
requirements.
D.Potential expansion areas are shown on the site plan but are not part of this request.
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.The petitioner has limited access to one location on Masonboro Loop Road.
B.Some of the adjacent properties are vacant.
C.Other nursing and personal care facilities are located in residential districts throughout
New Hanover County.
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 based upon the
following findings:
A.Adequate storm water should be retained on site.
B.The City and County should ensure that an adequate supply of housing exists for people
with special needs, the elderly and the disabled.
Planning Director Hayes reported that Staff was concerned about the following items: (1)
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 109
adequate storm water management should be retained on the site; and (2) the City and County should
ensure an adequate supply of housing for people with special needs, the elderly and disabled.
Commissioner Davis commented on being a resident of the area and asked if drainage from the
project would negatively impact Pirates Cove.
Planning Director Hayes responded that existing drainage regulations would apply to the
property, which are basically the same as State requirements. There is no County standard to apply
to non-residential isolated parcels. He noted that the petitioner may want to comment on this issue.
Commissioner Davis asked if this use was consistent with the Land Use Plan.
Planning Director Hayes responded that the proposed use would be consistent with the Land
Use Plan because this type of facility would serve the needs of a growing elderly populations.
Chairman Caster asked if the petitioner would like to testify.
Mr. Tim Lake, representing Carillon Assisted Living, reported on the company having six
homes located in the State of North Carolina and noted that meetings have been held with surrounding
neighborhoods to address concerns. More than 300 letters were sent to nearby property owners. No
opposition has been expressed to the proposed use. Originally, there were two access points to the
property, but after hearing concerns about traffic from the neighbors, one access was eliminated due
to traffic coming from the south on Masonboro Loop Road. Another concern was to maintain as
much green space as possible, and in response to this request, the parking was scaled back from 45
parking spaces to 39 spaces. Since the Planning Board meeting, these issues have developed: (1) street
scape requirements had to be met as required under the draft landscape section of the Unified
Development; and (2) development of an infiltration storm water management system on the site. The
plan has been revised to meet these requirements.
Chairman Caster referenced the property to the north in the triangle of Masonboro Sound Road
and Masonboro Loop Road and asked how this property would be developed.
Mr. Lake responded that the request is for use of only 4.3 acres of the site fronting Masonboro
Loop Road. The remaining property is owned by Hewlett’s Creek LLC.; therefore, the owner would
have to be contacted about future use.
Chairman Caster asked Mr. Lake if he agreed with the findings of fact.
Mr. Lake concurred with the findings as presented by the Planning Director and stated that he
would like for everyone to understand the facility to be constructed will not be a spa.
Mr. Phil Morris, representing Andrew & Kuske Consulting Engineers, Inc., stated since the site
is located near SA waters, the State of North Carolina will require 1 ½ inch of impervious runoff to
be retained on the property and allowed to soak into the ground. Two areas on the property have been
designated as infiltration areas to retain the water. Currently, when it rains and the soil becomes
saturated, the runoff flows into road ditches and down to the intersection. With the infiltration system,
the runoff will be directed to the infiltration areas, which should eliminate some of the existing drainage
problems.
Ms. Phyllis Boyd, a resident of the area near what was known as Walton’s Grocery, expressed
concern for increased traffic and drainage from the proposed use. With ownership of a strip of
property on one side of the site and her residence located across the street, there is concern for
drainage. During recent storms, it has been impossible to drive through this area. She requested the
Board to know exactly what will be done to improve drainage and address traffic before approving the
Special Use Permit.
Commissioner Davis asked Ms. Boyd if the presentation by Mr. Morris helped her to better
understand that a plan will be in place to address storm water runoff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 110
Ms. Boyd responded that a drainage plan should be part of the requirements.
Vice-Chairman Greer explained to Ms. Boyd that if the Special Use Permit is approved, the
building and drainage system presented on the plan will have to be carried out accordingly. Also, the
Special Use Permit will only apply to the 4.3 acres, not the entire tract of land.
Mr. Lake explained that an extensive review will have to be made by the State of North
Carolina regarding storm water management. The developer plans to comply to both State and County
standards for storm water management. With regard to traffic, the residents living in the assisted living
home will be 80 years plus and they will not be driving; therefore, no vehicles are owned by the
residents. Visitors come and go at different times, and shifts of employees comprised of no more than
10 cars will change at 7:00 a.m., 3:00 p.m., and 11:00 p.m. The proposed use will generate far less
traffic than residential development of the property or location of office buildings on the site.
Vice-Chairman Greer asked Mr. Lake if a Certificate of Need had been received for the
personal care facility.
Mr. Lake responded that the Assisted Living Facility was not a nursing home; therefore, a
Certificate of Need was not required.
Commissioner Davis asked if any residents from Pirates Cove had objected to the proposed use.
Planning Director Hayes responded that no complaints or opposition had been received.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to grant the
Special Use Permit to Tim Lake, representing Carillon Assisted Living, to use property located at the
southern portion of the parcel located at Masonboro Loop Road and Masonboro Sound Road, for
construction of a personal care facility subject to the conditions that the petitioner provides adequate
storm water management and water quality controls and a street scape along Masonboro Loop Road
in accordance with the most recent standards of Landscape Section of the proposed Unified
Development Ordinance based upon the evidence presented 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 8.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER A REQUEST BY Z-1
COMMERCIAL PROPERTIES, LLC TO REZONE 56.45 ACRES LOCATED NORTH OF
MONKEY JUNCTION FRONTING ON BOTH SOUTH COLLEGE ROAD AND CAROLINA
BEACH ROAD FROM R-15 RESIDENTIAL TO CD(B-2) CONDITIONAL USE HIGHWAY
BUSINESS AND B-2 HIGHWAY BUSINESS (Z-697, 03/00 CONTINUED FROM MAY 8, 2000
MEETING AND JUNE 5, 2000 MEETING)
Planning Director Hayes reported that Mr. Joe Taylor, the attorney representing Z-1
Commercial Properties, LLC, had continued this item.
Chairman Caster expressed concern for the Board not knowing the hearing had been continued.
Planning Director Hayes apologized and stated the continuance was requested to allow time
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 111
for a conditional use plan to be developed for the remainder of the property. This plan will be submitted
to the Board of County Commissioners on September 5, 2000.
Chairman Caster noted in the past the Commissioners are notified in advance if the petitioner
would like to continue an item. The adjacent property owners and other interested persons are
contacted so they will not come to the meeting and wait for the item to be heard. He apologized to
the people who had come to the Public Hearing and assured them that this would not happen in the
future.
st
PUBLIC HEARING TO CONSIDER A REQUEST BY 1 ATLANTIC PROPERTIES TO
REZONE 49.24 ACRES ON THE WEST SIDE OF BLUE CLAY ROAD SOUTH OF HOLLY
SHELTER FROM R-15 RESIDENTIAL TO I-1 LIGHT INDUSTRIAL (Z-708, 07/00)
Chairman Caster opened the Public Hearing.
Planning Director Dexter Hayes reported at its July 6, 2000 meeting, the Planning Board voted
unanimously to recommend rezoning the interior portion of the property I-1 leaving a 75 foot
residential strip along Blue Clay Road similar to the residential strip on the east side of Blue Clay Road.
In an effort to square off zoning lines, the Planning Board also recommended rezoning the remainder
of the parcel to the north owned by Roseman Profit Sharing and the remainder of the adjoining parcel
to the west owned by the Federal Government to I-1 Industrial. No one spoke in opposition at the
Planning Board meeting.
The subject site has approximately 1,100 linear feet of road frontage on Blue Clay Road. The
entire frontage is across from an existing R-15 Residential subdivision. All the property to the south
of the subject property is R-15 Residential. Although there is one subdivision to the south, most of the
parcels continue to be large undivided properties. Much of this property remains undivided because
no water and sewer services are in the area and the soils have limited septic tank suitability.
Chairman Caster asked if the petitioner would like to speak.
Mr. Spruill Thompson, representing lst Atlantic Properties, advised that he was in agreement
with the recommendation by the Planning Board. He informed the Board that after discussing the use
with the owner of the property, the intent is to develop an industrial park.
Chairman Caster asked if anyone from the public would like to speak.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to rezone the
interior portion of the property from R-15 to I-1 leaving a 75-foot residential strip along Blue Clay
Road and to rezone the remainder of the parcel to the north owned by Roseman Profit Sharing and the
remainder of the adjoining parcel to the west owned by the Federal Government to I-1 Industrial in
order to square off the zoning lines as recommended by the Planning Board. 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. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA, adopted July 7, 1972, is hereby incorporated as a part of the minutes and is contained
in Zoning Book Section II, Section 8-A, Page 29.
PUBLIC HEARING TO CONSIDER A REQUEST BY THOMAS NEWBER TO REZONE
TH
4.50 ACRES ALONG UNIMPROVED 58 STREET RIGHT-OF-WAY BETWEEN
OLEANDER DRIVE AND PARK AVENUE BEHIND NEWBER’S REFRIGERATION FROM
R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-709, 07/00)
Chairman Caster opened the Public Hearing.
Planning Director Dexter Hayes reported at the July 6, 2000 meeting, no one spoke in
opposition to the request. The Planning Board voted unanimously to approve the request with
exception of the parcel fronting on Park Avenue, which should remain residential.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 112
The petitioner is requesting a B-2 Highway business rezoning for seven different parcels that
are currently zoned R-15 Residential. Although the current zoning is residential, several of these
properties are being used for commercial purposes. The area was originally zoned in 1971. Over the
years the commercial district along Oleander Drive has expanded to the north and in many cases has
expanded all the way to Park Avenue. Historically, efforts have been made to maintain the residential
character along Park Avenue. Maintaining a buffer between the commercial activities along Oleander
Drive and the residential uses is still present along Park Avenue. Recent visits to the property indicate
that a commercial business has been operating out of this location for several years without complaints
from neighbors. The increased depth of B-2 along Oleander Drive frontage is consistent with recent
nearby zoning changes. Staff recommended approval of the request for B-2 zoning on 6 of the 7
parcels, but recommends that the parcel fronting on Park Avenue should remain R-15 Residential.
Chairman Caster asked if the Planning Board voted to approve Staff’s recommendation which
required the parcel fronting on Park Avenue to remain residentially zoned.
Planning Director Hayes responded that the Planning Board approved the recommendation of
Staff.
Chairman Caster asked if the petitioner would like to speak.
Mr. Thomas Newber, the petitioner, requested the Board to consider rezoning the entire site
to B-2 Highway Business since it is already bordering B-2 property.
Chairman Caster asked if anyone from the public would like to comment.
There being no further comments, Chairman Caster closed the Public Hearing.
Chairman Caster asked if any members of the Board would like comment or make a motion.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve B-2
Highway Business zoning for 6 of the 7 parcels and leave the remaining parcel that fronts Park Avenue
residentially zoned. 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. 6 OF NEW HANOVER County, North Carolina adopted
August 18, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I,
Section 6, Page 75.
COMMITTEE APPOINTMENTS
Appointment of Dr. Glenna Janette Wellman to the Southeastern Center Mental Health Board
Chairman Caster announced that one vacancy was created on the Southeastern Center Mental
Health Board due to the resignation of Mary Hatcher. Dr. Glenna Janette Wellman has been
recommended by the Mental Health Board/Liaison Committee. He requested a motion to appoint Dr.
Wellman.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to appoint Dr.
Glenna Janette Wellman to serve a 4-year term on the Southeastern Center Mental Health Board with
the term to expire June 30, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 10:19 p.m. to hold a meeting of the Water
and Sewer District.
Chairman Caster reconvened to Regular Session at 10:29 p.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 113
ADDITIONAL ITEMS
Discussion of Requesting Superior Court Judges and District Court Judges to Allocate More
Community Service Penalties to Litter Pick-Up
Vice-Chairman Greer requested Staff to meet with Superior Court Judges and District Court
Judges to allocate more community service penalties to picking up litter. The County could coordinate
the program and provide additional assistance to supervise the program. Since the Court System
handles community service penalties, it might be possible to coordinate this effort by working with the
N. C. Department of Transportation to provide the supervision since this agency is looking for people
to assist with litter pick-up. He also noted that the Judges may not fully understand that new laws and
penalties imposed have already become effective. If the County could have more people assigned to
litter pick-up, the entire community would benefit from this effort.
County Manager O’Neal asked when the new laws became effective.
Vice-Chairman Greer responded within the last three or four months and stated that penalties
have increased and the Judges are being encouraged to allocate community service penalties for litter
pick up.
County Manager O’Neal advised that once every six weeks, an informal meeting is held with
court officials, including representatives from the Superior and District Courts, the District Attorney,
and Sheriff. A meeting is scheduled for August 12, 2000, and this would be an appropriate time to
discuss this recommendation.
Deputy County Manager Atkinson advised that normally Judges do not designate this type of
community service. He stated that Staff can work through the Community Service agency in
developing a plan.
Discussion of Cleaning Ditches
Vice-Chairman Greer reported that a complaint had been received about debris not being
removed from Clear Run Creek running behind Rill Road in College Acres. Flooding occurs in the
backyards of residents during storms, and this person has been told for three years that debris would
be removed. He asked if the County was still cleaning ditches.
Assistant County Manager Weaver explained that since this area has been annexed, the City
would be responsible for addressing this matter.
Vice-Chairman Greer requested Assistant County Manager Weaver to check with the City to
see what is being done about removing debris from Clear Run Creek.
Discussion of Televising Meetings
Commissioner Davisrequested an update on televising Board meetings.
County Manager O’Neal reported that funding was budgeted in the current fiscal year to
televise meetings. The equipment bid should go out on August 23, 2000. Once the equipment is
received, time will be needed for installation. It is hoped that meetings will be televised in the fall.
Request from Hyde County for New Hanover County to Participate in an Effort to Obtain a
State Funded Mosquito Control Program
Chairman Caster informed the Board that a request had been received from Hyde County to
urge counties in the CAMA jurisdiction to participate in an effort to obtain a State funded mosquito
control program. Under CAMA regulations, ditches and waterways in coastal counties cannot be
cleaned to allow water movement to prevent formation of mosquito larva. He requested direction
from the Board.
Vice-Chairman Greer referenced the West Nile Virus and other diseases carried by mosquitos
and stated he was not opposed to a State funded mosquito control program.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 114
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to support the
request from Hyde County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Request from YAHWEH Center for Waiver of Impact Fees
Chairman Caster informed the Board that a request had been received from the YAHWEH
Center for waiver of impact fees in the amount of $12,900, and he requested direction from the Board.
County Manager O’Neal advised that he would place this item on the agenda for August 21,
2000.
County Allocations to Schools
County Manager O’Neal stated in response to Commissioner Birzenieks’ question earlier
regarding County allocations to New Hanover County Schools, the County allocated $50,452,000 in
FY 1999-2000 for operations and capital and $57,072,437 in FY 2000-2001 for operations and capital.
This represents a 9% increase when the County’s general fund increased only by 2%.
Commissioner Birzenieks stressed the importance of publicizing this type of information so the
public will be aware of the support given by this Board to education.
County Manager O’Neal informed the Board that these figures were already on the County’s
web site and stated that the Public Information Officer will include these figures on the Press Release
to the media outlining the action taken at this meeting.
Vice-Chairman Greer stressed the importance of everyone recognizing that New Hanover
County Schools have budgeted over $9 million of their fund balance. This means that the County will
be $9 million short for the next budget year. It also appears that the schools have already used $4.5
million.
County Manager O’Neal responded this was his purpose for having the Commissioners to
acknowledge the budget resolution for the schools earlier in the meeting. The funding requested will
be much higher for the next fiscal year. In Forsyth County, the Board of Commissioners requires the
Board of Education to use their fund balance before starting the funding process. This is probably a
good idea; however, the Forsyth County Board of Education could probably file a lawsuit against
Forsyth County.
Deputy County Manager Atkinson explained that if the Forsyth County policy was implemented
in New Hanover County, it would require the County to provide a much larger sum of money to the
School System in July. Currently, funding is distributed to the schools in twelve monthly payments.
If a majority of the money is disbursed in July, the County will suffer a loss in the amount of interest
that can be earned on the money annually.
Reminder of Future Work Sessions
Chairman Caster reminded the Board of the following Work Sessions:
Work Session to Discuss Interrelated Capital Projects
Assembly Room, New Hanover County Courthouse
August 14, 2000 - 6:00 p.m.
Work Session with Board of Education
Multi-Purpose Room
Rachel Freeman Elementary School
August 31, 2000 - 6:00 p.m.
CLOSED SESSION
Chairman Caster requested the Board to convene to Closed Session pursuant to N.C.G.S. 143-
318.11(a)(3) to give instructions to the County Attorney regarding the handling or settlement of a
claim and pursuant to 143.318.11(a)(5) to instruct the public body’s staff concerning the position to
be taken on behalf of the public body in negotiating the price and other material terms of a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, AUGUST 7, 2000 PAGE 115
proposed contract for the acquisition of real property.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to convene to
Closed Session pursuant to N.C.G.S. 143-318.11(a)(11) and N.C.G.S. 143.18.11(a)(5) as requested
by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster convened from Regular Session to Closed Session at 11:20 p.m.
Chairman Caster reconvened to Regular Session at 12:10 a.m.
Chairman Caster announced that the Board has instructed the County Attorney to take action
on a legal matter, the terms of which will be discussed when the matter is resolved. The Board has also
directed Staff to negotiate the terms of a contract for the possible purchase of real property. The exact
location of the property will be disclosed when or if a buy-sell agreement is executed by the owners
of the property. The Board will consider the terms of the buy-sell agreement at a Regular Meeting of
the Board of County Commissioners.
ADDITIONAL ITEMS - COUNTY MANAGER
Announcement of a Meeting with Sharpe Architects for Schematics of the Administration
Building
County Manager O’Neal announced that Staff will be holding a meeting with Sharpe Architects
to review the schematics of the Administration Building on August 8, 2000, at 10:30 a.m. in Room 501
of the County Administration Building. He invited the Commissioners to attend the meeting.
Discussion of Scheduling Future Work Sessions
County Manager O’Neal referenced the desire of the Board to schedule meetings with the Airlie
Foundation Board of Directors and the Corps of Engineers. He asked if the Board would like for him
to work with the Clerk to the Board in scheduling these meetings.
Chairman Caster suggested scheduling a Work Session with the Corps of Engineers on August
31, 2000, at 10:00 a.m. following the 8:45 a.m. Staff meeting.
Consensus:
It was the consensus of the Board to schedule a Work Session with the Corps of
Engineers on August 31, 2000, and direct the County Manager and Clerk to the Board to schedule the
Work Session with the Airlie Foundation Board of Directors.
Discussion of Retirement Reception for Department Heads Retiring on August 31, 2000
County Manager O’Neal asked if the Board would like to schedule a retirement reception for
Mr. Carlton Allegood, Executive Director of the Wilmington-New Hanover County Insurance
Advisory Committee, and Ms. Janet Seapker, Director of the Cape Fear Museum, since they will be
retiring August 31, 2000.
Consensus:
After discussion, it was the consensus of the Board for the County Manager and Clerk to
the Board to schedule the retirement reception.
ADJOURNMENT
Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adjourn the
meeting at 12:45 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board