2000-09-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 154
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday,
September 5, 2000, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse,
24 North Third Street, Wilmington, North Carolina.
Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr;
Commissioner Charles R. Howell; Vice Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the
Board, Teresa P. Elmore.
Chairman Caster called the meeting to order and welcomed everyone present. He explained
that the meeting began late because of the Closed Session held at 5:00 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
County Manager Allen O’Neal gave the invocation.
Vice Chairman Robert G. Greer 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.
Mr. Jack White spoke concerning the decision made by the Supreme Court of North Carolina
to deny the appeal to stop Phase II Annexation on September 30, 2000. He asked the Board, on
behalf of the people of New Hanover County, to file a federal lawsuit against the City of Wilmington
because he believed that annexation was a constitutional violation against the people in the annexed
areas. He said that annexation violates the equal protection clauses of the North Carolina and the
United States Constitutions, and it is an unlawful “class distinction taxation” on landowners since
people in the Phase II area were unable to vote on the annexation issue. He suggested that the Board
hire Thomas H. Nunnalee, an attorney who handles constitutional law cases. He stated that the City
of Wilmington was more concerned with increasing its tax receipts than the quality of life for the
people in the annexed area. He urged the Board to file the lawsuit for judicial review.
County Attorney Wanda Copley responded that Mr. White had given his documents to her
late this afternoon and that she had been unable to review the information yet. The people living in
the Phase II Annexation area should be able to appeal the decision, but she would review the
information to see if the County could file an appeal.
Chairman Caster responded that the way the North Carolina law is written, annexed areas may
not have any options. He stated that he did not want to appeal the State’s annexation laws to the
federal courts unless counsel felt the case could be won.
Mr. Michael Glancy, chairman of the New Hanover County Democratic Party, requested the
Board to postpone any further activity on the proposed jail facility until the Board held a public
hearing to receive comments from other consultants and experts about the judicial system. Recently,
Chief Judge Fullwood had directed his trial court administrator to visit the jail to obtain information
about the jail population and other efforts that could be done to alleviate the crowding problem. He
urged the Board to hear from the taxpayers before committing any tax dollars to the jail facility.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested the Board to add the following items to the consent agenda:
Budget Amendment #01-0136, New Hanover Regional Medical Center lease agreement with Dr.
Pierson, and Resolutions recognizing Sheriff McQueen upon his retirement and Wrightsboro
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Volunteer Fire Department’s 50 anniversary.
He reported that Wrightsboro Volunteer Fire Department had invited the Commissioners to
the anniversary celebration scheduled for September 16, 2000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 155
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the
Consent Agenda including the four additional items. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting held on August 21, 2000,
as presented by the Clerk to the Board.
Approval of Grant Application for the Emergency Operation Center
The Commissioners authorized the Emergency Management Department to apply for a grant
from the North Carolina Emergency Management Association to enhance the Emergency Operation
Center capabilities. The grant funds would purchase a Smartboard (a large screen display unit) to
be used for training, education, and status board displaying weather information in the EOC. A limit
of $5,200 has been placed on any grant request to the Association. The Commissioners approved
the acceptance of the grant and related budget amendment, if the grant is awarded.
Adoption of Resolution Requesting NCDOT to Add Roads in the Georgetowne Subdivision
to the State Highway System
The Commissioners adopted a resolution to request NCDOT to add roads in Georgetowne
Subdivision to the State Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 15.
Approval of County Logo for Legion Stadium Signage
The Commissioners approved using a rendition of the clock tower from the Historic
Courthouse as the County logo on the Legion Stadium Sign. The clock tower logo has become the
accepted symbol of New Hanover County; however, the seal with the ship remains the official seal
of the County for legal purposes, documents and other official records.
Approval of Budget Amendments
The Commissioners approved the following budget amendments:
#2001-04 Federal Forfeited Property
Department: Sheriff’s Department: Federal Forfeited Property
AdjustmentDebitCredit
Federal Forfeited Property$34,982
Capital Project Expense$34,982
Explanation: To increase budget for additional revenue received 8-10-00 and 8-18-00.
Federal Forfeited Property funds are budgeted as received and must be used for law
enforcement activities as the Sheriff deems necessary.
#2001-05 Contribution from GE Elfun Society
Department: Capital Project - Park Facilities
AdjustmentDebitCredit
Park Facilities
Contribution From GE Elfun Society$5,000
Other Improvements$5,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 156
Explanation:
To increase budget for contribution received from the GE Elfun Society to be used
for landscaping at Castle Hayne Park.
#01-0028 Office of Juvenile Justice Allocation for FY 2000-01
Department: Office of Juvenile Justice
AdjustmentDebitCredit
Office of Juvenile Justice$5,000
Juvenile Psychological Services$ 138
Travel/Training$5,138
Explanation: To increase budget to actual amount of Office of Juvenile Justice allocation for
FY 00-01.
#01-0030 Unexpended Grant Funds Rollover from FY 99-00 to FY 00-01
Department: Various
AdjustmentDebitCredit
Emergency Management
NC Dept. of Crime Control & Public Safety$ 420
Supplies$ 420
Cooperative Extension Extended Project
USDA Pesticide Grant$ 9,009
USDA Grant (Farmers Market)$40,000
Cape Fear Memorial Foundation Grant$ 96
Coop. Extension Extended Projects$49,105
Planning
CAMA Grant$ 5,000
Hazard Mitigation Grant-Federal$42,169
Hazard Mitigation Grant-State$13,577
Printing$ 5,000
Temporary Salaries$ 1,729
Advertising$ 3,000
Contract Services$30,770
Postage$ 1,247
Printing$ 3,000
Supplies$12,000
Training and Travel$ 4,000
River Road Tower
Hazard Mitigation Grant-Federal$211,472
Hazard Mitigation Grant-State$ 68,720
Salaries$ 2,508
Contract Services$ 6,000
Supplies$ 2,800
Other Improvements$268,884
Health-Child Care Health Consultant
Child Care Health Consultant Grant$5,217
Salaries$2,680
FICA$ 205
Retirement$ 132
Telephone$ 200
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 157
Beepers and Pagers$ 125
Supplies$1,145
Employee Reimbursements$ 180
Uniforms$ 250
Training and Travel$ 800
Capital Outlay$ 500
Cooperative Extension
Master Gardeners Grant$ 5,104
Public Beach Access Grant$56,250
Salaries$ 4,743
FICA$ 361
Other Improvements$56,250
Human Service Transportation
DOT-Vans$189,270
General Public Allocation$ 6,732
Transportation Assistance $ 34,738
Motor Vehicles$210,300
General Public Transportation $ 6,732
Elderly$ 29,451
Disabled $ 5,287
Commissioners
Appropriated Fund Balance$21,030
Explanation:
To rollover unexpended grant funds from FY 99-00 to FY 00-01.
#01-0031 State Funds Received for the Crisis Intervention Program
Department: Social Services/DSS-Administration/Crisis Intervention Program
AdjustmentDebitCredit
Social Services:
DSS-Administration:
DSS Administrative Grants$168,040
Crisis Intervention Program:
Assistance Payments$168,040
Explanation:
To budget additional State funds received for the Crisis Intervention Program. No
additional County funds are required.
#01-0032 Public Health/Maternity Care Coordination Program
Department: Public Health/Maternity Care Coordination
AdjustmentDebitCredit
Public Health:
Maternity Care Coordination:
Title XIX - Childbirth Classes $25,000
Contracted Services$ 7,200
Printing Charges$ 1,000
Departmental Supplies$12,960
Training & Travel$ 3,840
Explanation:
To set up budget for childbirth educational classes to be provided by the Health
Department for New Hanover County public and private Medicaid OB patients (approved by the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 158
Board of Health on July 7, 2000). No County funding is required, the program will be budget neutral
as a reimbursable service through Medicaid.
Additional Information: New Hanover Regional Medical Center provided the childbirth
educational classes for 20 years until November, 1999, when the Coastal Area Health
Education Center (Coastal AHEC) began providing the service. As of May 31, 2000, Coastal
AHEC no longer provides the service.
#01-0036 Property Management/Finance Sale of Building Used for Human Services
Transportation
Departments: Property Management/Finance
Adjustment DebitCredit
Property Management:
Building$120,750
Finance:
Sale of Fixed Assets$120,750
Explanation:
To budget revenue from the sale of the building that was used for Human Services
Transportation to construct a new building at 220 Division Drive for a transportation building.
Approval of Lease Agreement Between New Hanover Regional Medical Center and Dr. Noah
Pierson
The Commissioners approved the proposed lease agreement between New Hanover Regional
Medical Center and Dr. Noah Pierson for the property located at 5301 Wrightsville Avenue, Building
F. The lease will be at fair market value for a one year term. The County has no need for the 1,905
square foot office space.
Ratification of Resolution in Recognition of Sheriff Joseph McQueen
The Commissioners ratified a resolution in appreciation of Sheriff Joseph McQueen and his
years of service to the citizens of New Hanover County. Sheriff McQueen retired on August 31,
2000 with 29 years of service.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 15.
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Adoption of Resolution in Recognition of 50 Anniversary of the Wrightsboro Volunteer Fire
Department
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The Commissioners adopted a resolution in recognition of the 50 Anniversary of the
Wrightsboro Volunteer Fire Department.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 15.
CLOSED SESSION REPORTS
Chairman Caster reported that during the Closed Session held before the meeting, the Board
voted on three issues to report for entry into the record.
1.Pursuant to NCGS 143-318.11(a)(3), the Board directed staff to settle the legal matter of
Benson vs McQueen. Based on the recommendations from counsel, Sheriff Joseph
McQueen, and the insurance company, the Board agreed to settle out of court for the
negotiated amount of $215,000.
2. Pursuant to NCGS 143-318.11(5), the Board directed the County Manager and County
Attorney to negotiate a real estate purchase. The location and terms of the purchase will be
released when and if it is finalized.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 159
3. Pursuant to NCGS 143-318.11(6), the Board set an employee salary and compensation
package for the Sheriff.
County Attorney Copley spoke concerning the legal matter of Benson vs McQueen. She
explained that in settling court cases, insurance companies will consider the risk of going to court,
the costs of hiring insurance defense attorneys, the probability of appeals, and various other matters.
In many cases the insurance company will ask the client to settle the case out of court, without
admitting any liability, in order to resolve the case and to avoid further costs of a trial and appeal.
The insurance company had recommended a settlement in the matter and Sheriff McQueen had
requested the Board to consider the settlement.
Commissioner Davis pointed out that the cost to the County’s taxpayers for the settlement
is $10,000, which is the County’s deductible.
CONSIDERATION OF APPOINTMENT OF MAJOR JOSEPH W. LANIER AS SHERIFF
OF NEW HANOVER COUNTY
Chairman Caster reported that the General Statues require the political party of a Sheriff that
is leaving office prior to the term expiring to make a recommendation of a replacement to the Board
of Commissioners. The executive committee of the Democratic Party has nominated Major Joseph
W. Lanier to replace Sheriff Joseph McQueen, who retired effective August 31, 2000.
Chairman Caster asked the Board for approval of the appointment.
Motion:
Vice Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve
the nomination of Major Joseph W. Lanier as the Sheriff of New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
After a round of applause, Sheriff Lanier expressed appreciation to the Board and the
Democratic Party for the opportunity to serve as Sheriff of New Hanover County. He spoke of
Sheriff McQueen’s high regard for the Commissioners and his desire to continue the cordial working
arrangement between the two offices.
Sheriff Lanier announced that his swearing-in ceremony will be held tomorrow morning,
September 6, 2000, in Courtroom 300 of the Judicial Building. Deputies will be sworn in at a
ceremony scheduled for September 13, 2000.
Chairman Caster stated for the record that the Sheriff’s salary was based on Major Lanier’s
experience, education, length of service to the County, a market analysis of comparable counties in
the State, and internal equity of pay in the department. In Closed Session, the Board established the
salary of the Sheriff position at $77,500, plus 5% 401(k), for a total compensation package of
$81,275.
Chairman Caster congratulated Sheriff Lanier and called a short break for the Board and
others to congratulate the new Sheriff.
APPROVAL UPON THE FIRST READING OF AN AMENDMENT TO THE NEW
HANOVER COUNTY CODE, CHAPTER 6.7, AN ORDINANCE PROHIBITING PRICE
GOUGING
Commissioner Davis requested the Board to consider adopting the proposed ordinance to
protect the citizens of the County against those who would take part in price gouging activities and
other unscrupulous activities in the aftermath of hurricanes. In the past, people have come into the
county and have taken advantage of senior citizens and others during the recovery period. The
ordinance, similar to the City of Wilmington’s ordinance, can be used as a deterrent when the County
is in a state-of-emergency. He urged the Board to adopt the ordinance.
County Attorney Copley explained that the ordinance protects the prices of essential goods
and is modeled after the ordinances of the City of Wilmington and the City of Charleston, which
adopted its ordinance after Hurricane Hugo.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 160
The Commissioners expressed concern that the ordinance does not address the main problem
of escalated prices for service contracts, such as tree removal, or problems of enforcement and
protection of local merchants bringing in goods at higher costs.
County Attorney Copley advised that prices of goods exceeding pre-disaster level will be
allowed if the merchant or supplier can document the expenses to be more than the pre-disaster costs.
The ordinance would be in effect during the state-of-emergency or until the Board determined that
the ordinance was unneeded.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to adopt
Chapter 6.7, An Ordinance Prohibiting Price Gouging as a part of the New Hanover County Code.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 15.
The ordinance will be codified into the New Hanover County Code.
CONSIDERATION OF LEGISLATIVE GOALS FOR 2001 GENERAL ASSEMBLY
County Manager O’Neal reported that the North Carolina Association of County
Commissioners is soliciting proposed legislative goals for the upcoming legislative session. He
recommended that the Board adopt the proposed goals for inclusion in the NCACC 2001 package
to the General Assembly.
Vice Chairman Greer commented that goal #7 may need to include others who do not qualify
as low income or disabled, but cannot afford to pay their property tax. He suggested that the taxes
for those individuals could be deferred until death or transfer of property to allow them to continue
living in their homes.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve the
amended legislative goals for the North Carolina Association of County Commissioners. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
The Legislative Goals for 2001 are:
1. Support 1999 Senate Bill 440 “An Act to Repeal the Local Sales Tax on Food and to
Distribute One Cent of the State Sales Tax to Local Governments Each Year.”
2.Local Option Sales Tax - Support legislation authorizing counties to enact an additional one
percent (1%) local option sales tax by resolution of the Board of Commissioners, with food
purchased for home consumption exempted from the additional tax.
3.Municipal Annexation - Support legislation to establish higher levels of services and improved
coordination between cities and counties in meeting local governmental service needs of the
state’s citizens, by requiring that cities not be allowed to annex a territory where all chief
services are in place, or unless there is in place a long-range services plan of extending their
chief services to surrounding areas experiencing urban growth. There should be joint city-
county plans that also cover the chief county services.
4.Support a policy statement that requires all services mandated by the federal government be
fully funded by the federal government, and those services mandated by the State should be
fully funded by the State. Maintenance of effort requirements and minimum service levels
should be opposed.
5.Request that the State fund the hiring of more district attorneys and judges for the court
system.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 161
6.Coastal Resources Commission Authority - Support legislation to prohibit proposed rules and
regulations from being implemented by the Coastal Resources Commission until local elected
officials have been consulted and have expressed support for the new rules and regulations.
7.Support 1999 House Bill 130 “An Act to Amend the Constitution of North Carolina, if
Approved by the Voters in the 2000 General Election, to Authorize the General Assembly to
Enact Legislation Allowing Each County to 1) Increase the Amount of the Property Tax
Homestead Exemption and 2) Raise the definition of ‘Low Income’ so that More Elderly and
Disabled Individuals can Qualify for the Exemption.”
8.Consider an arrangement whereby taxes or a portion thereof are deferred until death, by the
placement of a lien on the property, for those referenced in #7.
CONSIDERATION OF A COMMUNICATION PLAN OF FACTUAL INFORMATION FOR
THE PUBLIC AND THE MEDIA CONCERNING THE NEW HANOVER COUNTY JAIL
PROJECT
County Manager O’Neal presented the following communication plan in response to the
media and public’s lack of correct information on the jail capital project.
•FAQ (Frequently Asked Questions) sheet for publishing on the County’s Web site.
•Design drawings and site map for publishing on the Web
•Advertise in the newspaper to direct citizens to the County Web site for the information
•Provide 15 minute powerpoint presentation to be given by a County Commissioner, County
Manager, Sheriff or designee, and/or Public Information Officer
•Production of a ten minute video for Government Information Channels
Chairman Caster stated that some discussion has been held on holding a public meeting to
provide information about the proposed jail facility. The meeting could be held in City Council
Chambers where it could be televised live and replayed on the public access channels.
Commissioner Davis responded that he supported having the information on the County’s web
site and providing a speaker’s bureau for organizations and groups; however, he did not support
spending taxpayers’ money for newspaper ads or to make a video production. He did agree that a
public meeting or forum could be held to receive public comments.
The Commissioners discussed their concern about the amount of misinformation that has been
reported and spread in the community about the jail project. Although the Commissioners did not
want to build a new jail facility, a pending lawsuit of two years ago by Prisoner Legal Services had
forced the Board to move forward in providing additional jail cells. If a lawsuit was lost in court, the
County would have to pay for a more expensive facility built by the State or Federal government.
Additionally, the County was forced into transporting prisoners to other county jails to relieve the
over-crowding problem.
Commissioner Howell spoke of the hard efforts of the last three years in finding the best site
for the facility. Investigated sites included the Timme manufacturing facility, downtown areas, and
sites on Highway 421. The Board had chosen the Blue Clay Road site because the County owns the
property and the site was more isolated from residential areas than other properties.
Commissioner Birzenieks spoke on the Board relying on the expertise of the County’s
consultant, Carter Goble, in making the decisions about the jail project. The consultant was needed
because jail construction projects are more complex and more difficult than any other capital project.
Chairman Caster stated that the Board did not have an option, the County must build a jail.
Additionally, as a human being and a Christian, he felt the inhumane conditions of the jail need to be
corrected for both the prisoners and the employees of the jail. The design plans for the jail are not
for an extravagant building. If the County were to use property in or closer to the City, they would
have to spend more money on the aesthetics of the building.
County Attorney Copley informed the Board that on Friday, September 15, 2000, the Prisoner
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 162
Legal Services will tour the jail facility with the District Attorney, District and Superior Court Judges,
and County staff concerning interim solutions to the over-crowding problem. When the North
Carolina Prisoner Legal Service had toured the jail two years ago, they found prisoners shackled to
bunk beds and benches. A recent visit revealed that the over-crowding problems still exist and now
they want the County to provide other interim solutions while the jail is being constructed. The
Superior Court Judges and the District Attorney will be discussing how the court system can help to
alleviate some of the problems, possibly through other pre-trial release programs. She encouraged
the Board to attend the tour and meeting.
Chairman Caster commented that the legislative goal of hiring more assistant district attorneys
and judges will lead to counties having to make capital improvements to house the positions. The
County is working on a $9 million expansion for the courts, plus the County already provides more
support to the DA’s office, the Judges, and Clerk of Court for operational expenses than any other
county in the State. Additionally, the County participates in every possible release program to move
people out of jail. However, Sheriff McQueen has told the Board that some of the prisoners should
not be released from jail because they are a threat to the public safety. The Board has concluded that
the jail should be built.
Commissioner Birzenieks stated that the jail problem is another unfunded mandate by the
State. The State’s strict standards of square footage requirements leave the Commissioners with no
choice, but to build the facility. He urged those attending the meeting to contact the General
Assembly about these types of unfunded mandates.
Mr. Jack Burns spoke on the need for the Board to have an open meeting and receive public
comments before approving any contracts for the proposed jail facility. He urged the Board to
consider other options, like a consolidated government, merger of departments between the two
governments, or a combined police station and Sheriff’s law enforcement center, to ease the tax
burden on the citizens of the County, who are having to pay for many major building projects in the
City and County. He felt that the taxpayers should have a bond referendum to consider the jail issue
instead of the Board approving a $52 million C.O.P.S. financing arrangement. And he requested the
Board to reconsider the location of the new jail, moving it closer to the courthouse, ideally by closing
the road between the Judicial Building and the Law Enforcement Center and building in the space
between the two structures. He urged the Board to hold a public hearing to let the citizens know the
facts and to remove the mistrust in the community.
Chairman Caster replied that Sheriff McQueen and the Board have supported combined law
enforcement functions, but the jail is a separate need. Future technology will allow some functions
to be handled differently by the courts. Whether a prisoner is moved one mile or nine miles, the
transportation needs will be similar. If the County were to build a new jail downtown, the taxpayers
would have to pay for more expensive land and for a more aesthetically appealing building than using
County-owned land in a rural area.
Vice Chairman Greer stated that because of it being an election year with five Republicans
serving on the Board, the Democratic Party is trying to mislead people in order to discredit the
Board. Everything the Board has approved has been done in public session and all documents are
accessible to the public. The citizens elect people to make the decisions for them and the Board
depends on experts to provide the information that is needed. If the elected officials make wrong
decisions, the public can elect someone else to do the job.
Vice Chairman Greer commented that the Commissioners fully support a consolidated
government, but the County is again being threatened by a lawsuit by the Prisoner Legal Service
because of not moving fast enough. He asked Mr. Burns if he felt it would help the County’s position
to stop the process for a public hearing.
Mr. Burns replied that he did not believe a delay of 30 to 60 days would hurt the process that
will take years to complete. If a better site and a better facility is accomplished for the benefit of the
people, the County will be ahead.
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Vice Chairman Greer suggested that Mr. Burns review the County’s information on the issues
and give the Board any suggestions.
Ms. Karen Moorefield commented that she was glad to hear the Board did not want to build
the jail, but she urged the Board to look closely at the alternative of closing the street and adding to
the building in the space as suggested by the plans done in 1989 by Ballard, McKim and Sawyer.
Consensus:
The Commissioners agreed to hold a televised public forum in the City Council
Chambers to provide the information about the jail issues and to have the information available on
the web site.
PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED STORMWATER
MANAGEMENT ORDINANCE AND DESIGN MANUAL
Chairman Caster opened the public hearing to receive comments about the proposed
Stormwater Management Ordinance and Design Manual. He asked those making comments to limit
their remarks to three minutes and/or to submit their written comments to the Board.
Mr. Dan Dawson, of W. K. Dickson and Company, spoke on the recently revised version of
the Proposed Stormwater Management Ordinance and Design Manuals. Since the original document
was presented in June 2000, public comments have been received at the Planning Board’s Work
Sessions with homeowners, home builders, Realtors, and others in attendance. Public Hearings were
held on August 3 and continued to August 9, 2000. Suggestions from these meetings were
incorporated into the revised ordinance. Additionally, the regulations have been reviewed by the
Planning, Engineering, and Legal Departments. The Planning Board voted unanimously to
recommend adoption of the revised ordinance. The proposed regulations address current drainage
problems similar to those found in the Hidden Valley area, and complies with upcoming NPDES rules
for stormwater management.
Mr. Dawson presented a brief summary of the proposed ordinance, which establishes an
application, review, and construction authorization process for stormwater management for new
development projects. The process also includes an inspection and enforcement of regulations and
an appeal process. The ordinance does not address a funding source for stormwater management
programs. Homeowners would be responsible for maintenance of drainage systems on their property
for old developments. The County would have the power to go on properties to identify the cause
of drainage problems and allow the property owner to fix the problem or be assessed for the
improvements. Neighborhoods could request the County to provide a regional drainage program to
correct a problem and the County may assess property owners that benefit from the improvements.
Currently, the Subdivision and Zoning Ordinances address two- and ten-year storm events for
subdivided land. Because of frequent flooding problems in the county, the proposed regulations
address twenty-five year storm events and they apply to commercial developments. The regulations
apply to new projects that create more than 10,000 square feet of impervious surface, the threshold
used by the City of Wilmington for some of its projects. Best Management Practices (BMP) have
been encouraged in the regulations, which may not be the least costly alternative. If a watershed
funding mechanism or a fee per square foot of impervious surface area is incorporated into the
ordinance, BMP strategies can be implemented as incentives to the developer. The developer is
encouraged to upgrade the site to the latest stormwater rules for redevelopment projects.
The process requires an application fee to cover the cost of staff reviewing the project. After
completing the requirements of the ordinance, the developer is given an authorization-to-construct.
The proposed drainage design manual establishes specific minimum design standards and procedures
while allowing the use of proven and innovative technology. The primary objective is to supply a
mechanism that can predict the outcome of a project if constructed, which will make the developer
accountable to the County.
The regulations coordinate with the draft Unified Development Ordinance (UDO) and the
University’s annual water quality testing programs and other water quality issues. As proposed in
the Pages Creek Watershed Study, the six steps in providing a stormwater management program
include: drainage ordinances and policies, master drainage plan, drainage design manual, training
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 164
and public education programs, financial management strategies, and a stormwater database.
Adopting the proposed regulations will begin the process of a stormwater management program for
the County.
In response to questions from the Commissioners, Mr. Dawson replied that the proposed
ordinance was more stringent than the City’s program except for having a funding mechanism to
support the stormwater utility enterprise, which allows the City to do projects on a regional basis
instead of individual projects. On new construction in the City, a developer can build a system on the
site or pay a fee that is used to build regional projects. The reason the design manual uses the design
criteria of a 25-year-event as opposed to the 100 year flood plan is the economics of having to design
for the larger storm events. The criteria in a twenty-four hour period for a ten year event is retention
of 7 inches and a 25-year-event is 8 inches. The proposed design criteria is comparable to NCDOT
specifications on major projects. Most counties in North Carolina do not have stormwater
management ordinances and design manuals, except for the counties which have been delegated the
responsibility of the sedimentation and erosion control program. However, the more urban counties
of Wake, Mecklenberg, and Guilford would have drainage programs.
Ms. Jackie Mardan, a board member of the Coastal Federation and speaking for Ms. Tracy
Skrabal, the senior scientist for the Federation in Wilmington, spoke regarding the regulations. While
the Federation was encouraged by the County’s efforts to address long-standing drainage problems,
they do not feel the proposed ordinance provides a comprehensive approach to equitably address
chronic drainage problems, nor do they think it protects existing neighborhoods from development
which results in more flooding and pollution despite meeting minimum State standards. They do not
believe the proposed ordinance achieves the goals in EPA stormwater Phase II regulations, or that
it provides adequate protection for waters classified as shellfishing waters. They also questioned the
shifting of the responsibility for liability for flooding and water quality violations from the County to
individual property owners, and suggested that specific guidance from the N. C. Division of Water
Quality be solicited to address these issues. The Commissioners were urged to postpone adopting
the regulations until a second public drainage meeting was held on September 21 and the consultant
met with concerned citizens, reviewed model ordinances, which comply with the Phase II
requirements, and considered incorporating the changes into the ordinance.
Ms. Mardan also announced that the North Carolina Coastal Federation and UNCW will
present a program on stormwater management on October 25, 2000.
Mr. Dawson responded that he is part of the group that is formulating the NPDES state-wide
program with Todd Miller, the Executive Director of the Coastal Federation. A copy of the proposed
ordinance and design manual was provided to the Coastal Federation and he has discussed some of
the issues with them. Also, he has discussed some of the issues with DWQ, and he found the State
receptive to any program that establishes a drainage program. He would have liked Ms. Skrabal to
have attended the meeting so that he could have addressed her concerns more directly. To remove
responsibility from the property owner will require public funding, which the Board did not instruct
him to include in the ordinance.
Ms. Ruth Nienhuis spoke concerning the importance of having a strong drainage ordinance
to protect both the County and its citizens. Since drainage problems represent real on-going tragedies
of financial losses and health and safety concerns, the proposed ordinance needs a mechanism to
mitigate the chronic drainage and flooding problems in existing neighborhoods. Additionally, the
ordinance does not include a mechanism to control pollutant run-off from impervious surfaces and
other water quality issues, or the requirements of the NPDES Phase II rules proposed for 2002, and
it needs to address non-point source pollution.
Ms. Nienhuis urged the Board to use the expertise of Dr. Mike Mallin and Dr. Larry Cahoon
from UNCW to evaluate the proposed BMP. She stated that it should be mandatory that all new
construction projects use the proposed requirements beginning in two or three years which will give
the developers adequate time to adapt to the regulations and it will coincide with the timing of Phase
II regulations and the State’s stormwater management regulations. She requested the Board to take
more time to resolve these concerns in order to make a better and more effective ordinance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 165
Mr. Dawson responded that EPA has set the effective date of December 9, 2002, for NPDES
permits for small regulated MS4 systems that are used for small communities and construction
projects, but they are unsure of the date or the requirements for the States. The State will be more
concerned about getting local governments to start programs than to scrutinize stormwater
management plans.
Mr. Tom Grady, a native of the county, thanked the Commissioners for their efforts in
addressing the drainage issues. He stated that families have battled problems of poorly designed
drainage systems or systems that no longer handle the increased volume of new subdivisions for a
long time. Under the proposed ordinance, the property owner is held responsible for any existing
nuisance created through neglect or action, but he felt that developers, builders, and engineers, who
have caused the problem, should be held equally accountable. He urged the Board to amend the
ordinance to make it fair, just, and equitable to everyone. Furthermore, he suggested a tree ordinance
be incorporated into the regulation because of the importance of trees in the absorption of ground
water and removal of air pollution.
Ms. Linda Killian referenced Section 10.11 of the proposed Ordinance concerning the transfer
of ownership of stormwater facilities not falling within common areas of a development. She
suggested that a specific time should be noted when a potential buyer would be notified of the
responsibility to maintain a ditch or water carrying device. Potential buyers should be notified early
because some people may not know the cost or proper maintenance of drainage ditches or swales,
and it could make a difference in whether a person would buy the property. At the time of sale, the
buyer could sign an agreement to maintain the facilities. This section of the ordinance excludes the
County from the notification, but the County has a vested interest in the overall drainage plan of the
area. Although the County may not be able to oversee each sale, there should be a record of the
buyer agreeing to the maintenance. Without proper and early notification, this section is a
continuation of the County and State’s policy of the buyer beware syndrome. Buyer beware policies
protect unscrupulous developers, builders, and homeowners who take advantage of unsuspecting
buyers. She asked the Board to protect people equally under the law.
Mr. Dawson explained that the June 14 version of the ordinance required that common areas,
like neighborhood ponds and drainage swales, cannot be transferred from the developer until certain
criteria is completed and the County authorizes the transfer. However, staff did not want to handle
every home sale or keep track of the transfer of the authorization every time a home was sold.
Instead the wording was modified to say that the homeowner in an old subdivision would abide by
the old covenant and in a new subdivision the covenants would refer to the authorization-to-
construct. The authorization-to-construct will say the lots do not transfer ownership, but they are
part owners of the common area. It is a valid point if the Board wanted to ensure that the
responsibility is transferred to the next buyer and accepted, but the County may want to address it
later.
Mr. Tony Fazzari presented written comments on the proposed Ordinance. He expressed
concern about the definition of what constitutes redevelopment of an existing site, which would
require compliance with requirements of the ordinance. He said the revised draft dated August 9
defines a redevelopment as a “site of 10,000 square feet or more of existing impervious surface area
which will result in more than 3,000 square feet of additional impervious surface.” He recommended
that the prior definition of a redeveloped site be reinstated, which would define a redeveloped site as
one where 50% or more of the impervious surface is replaced.
Mr. Dawson explained that if a developer wanted to redevelop a project that has 100,000
square feet of impervious surface, but he did not disturb more than 49% of the project, the rules
would not apply. Under the proposed regulations, if more than 10,000 square feet of impervious
surface results in more than three thousand square feet of additional impervious surface area, then
the developer will have to receive an authorization-to-construct.
Mr. Fazzari commented that he read the 3,000 square feet as being new impervious area. By
the example someone with 200,000 square feet could disturb 49% or almost 100,000 square feet that
will be removed and repaved and have no requirement to insure the repaving was done to the current
standards. If the dirt is moved, it should be in the direction that will help drainage.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 166
Mr. Dawson explained that the regulations will allow the redevelopment of the impervious
surface as long as it does not exceed any additional impervious square footage.
Mr. Fazzari also expressed concern about the definition of exempted sites in Section 10.17,
which exempts residences of record and valid preliminary subdivision plans in existence prior to the
effective date of the ordinance. As many as 5,000 to 15,000 new homes may be exempted by this
grandfather clause. This could lead to homes being built 5 or more years from now which will not
meet the requirements of this ordinance. He suggested that a better idea would be to give the builder
a specific grace period of not more than 2 to 3 years during which time construction of exempt
residences could be completed without having to comply with requirements of the ordinance.
Mr. Dawson responded that the lots platted and recorded at the courthouse do not have to
comply with the new development regulations or the maintenance criteria as part of the covenant, but
they will need to abide by the State and County regulations of the last ten years.
Ms. Pat Meyers spoke concerning the severe problems she had experienced with her home
and property because of a poor drainage system. Although pleased that the County was considering
the ordinance, she felt is was too late for some of the homeowners. She questioned whether the
enforcement could be done properly when there are many agencies reviewing the plans instead of a
one-stop-shop. Engineering, the Corps of Engineers, Planning, and Soil and Erosion may all have
a different plan to review, which makes it difficult for the agencies to do their jobs properly and easier
for the developers, engineers, and builders to find loopholes and to make deviations in their plans.
She urged the Board to develop a one-stop-shop for a review of the plans and to have the
enforcement to back up the regulations. The developers have the means and they should develop the
area properly to make the county a quality place to live.
Planning Director Hayes responded that unfortunately, the rules and regulations are made by
different elected boards and agencies. The County can consolidate its efforts in terms of
sedimentation and erosion control, drainage, and with the City’s efforts, but the federal and state
agencies operate separately.
Mr. Dawson responded that before the County issues the authorization-to-construct,
information from the other agencies must be a part of the developer’s application. The Corps must
sign the plans that delineate the 404 wetlands. Although it is not a one-stop-shop, the other agencies
must sign-off before construction can start. The authorization-to-construct is transferred from one
developer to another when property is sold. The County should have the current plans on file for
review.
Mr. John Feeley, retiree of Riesen Corporation, spoke on his working experience with
environmental regulations in his corporation and his volunteer efforts with environmental matters
during the last four years. He stated that because New Hanover County has stormwater flooding
problems in 75 to 100 subdivisions, the proposed regulations pertaining to drainage should be
stronger. These homes were built in former wetlands or have wetland ditches running through them
and the drainage systems have been improperly built or maintained. The ordinance places the
responsibility on the property owner whether he caused the problem or not. The County Attorneys
have made sure that the County government is protected and does not share the responsibility. He
stated that the ordinance needs to provide a clear path for the property owner who has a stormwater
problem to follow.
He said that Section 9.5 states the property owner may request the County Commissioners
to adopt a resolution that certain stormwater improvement projects may be funded entirely by the
county. He suggested that the section needed clarification so that a neighborhood will know how to
proceed in getting the work performed by the County and he pointed out that the section does not
say how the County will pay for it. Section 9.6 states that the Commissioners may establish
stormwater drainage districts that may be funded by a district tax. With the magnitude of the flooding
problems, he proposed that a funding mechanism is an absolute must, as Mr. Dawson recommended
in the June work session. The City’s stormwater fee that began three years ago has made some
progress in addressing their stormwater problems.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 167
Mr. Feeley requested the Board to postpone adoption of the ordinance until the issues brought
up tonight could be resolved. When the factories in his corporation had to implement EPA
regulations in early 1990s, the factories benefitted from the good environmental practices and ran
better operations. He urged the Board to adopt strong policies to handle the stormwater drainage
problems.
Mr. Glenn Davis, an engineer in private practice and native of the county, stated that he had
reviewed the ordinance and felt that it may be too late since 90% of the county is developed. If it
takes two years to approve the regulations, all the properties will be platted. If the County had
watershed models for developers to use in the subdivision plans 25 to 30 years ago, land could have
been developed without affecting people downstream. He was concerned how the ordinance
addressed drainage issues with existing homeowners and the lack of a funding mechanism to address
drainage problems. Although he does not have a drainage problem, the proposed ordinance will
require that he and his neighbor maintain the grassy swales between the houses. Does he maintain
half of the swales? Will the County maintain the swales and bill him the cost? Furthermore, he was
concerned that County employees will be allowed to access his property without his permission.
Historically, drainage plans have required an easement and the County has purchased easements when
needed. He felt that if the County wanted to access property, it should obtain an easement and not
expect the property owners to allow anyone on their property at any time.
Deputy County Attorney Burpeau responded that the County would follow the process used
in other nuisance situations. The State allows counties to obtain access through a due-process
arrangement of giving a notice of a public nuisance, whether litter or a drainage nuisance, and the
owner is given a process of appeals. However, the County could use a force or a breach of the peace,
and obtain an administrative search warrant to do whatever is necessary. Another route would be to
make an application to the courts and receive a court order.
Mr. Davis also felt that clarification was needed on who would be assessed and the assessment
formula. An assessment for people living along a watershed and not for people that would benefit
from the drainage work upstream or downstream would not be fair. He suggested that the language
be more specific on whom would be assessed. He stated that it will be very important that the design
manual has strict specifications to stop developers from using substandard design plans to handle the
stormwater. In the past, there have been some cases where the Engineering Department had
approved the drainage improvements and released the bonds before the project was completed.
Commissioner Davis asked Mr. Davis if he could give him some examples of where that had
occurred.
Mr. Davis responded that Crosswinds Subdivision had a drainage problem and they called Jim
Craig in the Engineering Department. He allowed a modification to the system that was in violation
of State law and it caused problems in other areas. In Avenel Subdivision, the developer had signed-
off stating that a storm drainage system was installed in accordance with the State’s requirements,
when there was only one storm drain installed in the entire development. The Engineering
Department signs-off to the Planning Department that stormwater improvements are in place and the
Planning Department releases the bond for the developer. Many of the homes in Avenel have
flooding problems, but some have been recently corrected.
Commissioner Davis asked Mr. Davis to write down the specific subdivisions with the design
problems and give him the information in order for him to investigate those situations.
Chairman Caster asked Mr. Davis if anyone had brought up the matter to the State or State
licensing boards.
Mr. Davis responded that it has occurred. He felt the ordinance should require someone with
Mr. Dawson’s expertise to review the plans for approval. However, the General Statutes 89-C does
not allow one engineer to critique another engineer’s design, because of infringing on the person’s
rights as a licensed engineer to perform the work. Some engineers and surveyors have done work
for developers where the storm drain coefficients on the plans were half of what they should have
been.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 168
Commissioner Howell asked Mr. Davis why the certified engineer isn’t sued when a system
does not function as in the Crosswind Subdivision.
Mr. Davis replied that most of the time, people do not want to get involved in a legal battle.
Commissioner Howell commented that some development projects have many different
people involved and it is hard to determine who was at fault. With all of the criticisms received
tonight, it will be difficult to ever get an ordinance adopted that will satisfy everyone.
Mr. Dawson commented that the design manual provides the coefficients at a certain level and
the engineer must design a system that meets those standard requirements. The development
community can place tremendous pressure on the designer of the system. If the ordinance and design
manual are adopted, everyone will be using the same standards with minimum design guidelines.
Mr. Tom Radewicz thanked the Commissioners for their efforts in addressing the drainage
problems of the county, but he expressed concern about exempting the lots that have been recorded
and have valid preliminary subdivision plans. If the ordinance is not effective for two or three years,
thousands of people will be buying homes or lots that will have the same drainage problems. He
urged the Board to apply the ordinance to everybody from the day the ordinance is adopted and not
allow developers or engineers to dodge local, state, and federal efforts to control stormwater
drainage. He asked the Board to study the ordinance very carefully and to eliminate the
responsibilities of those thousands of people, who will be buying homes or lots under the old rules
and regulations. And he cautioned the Board to be very careful in letting the engineers and
developers design plans without a thorough review.
Commissioner Howell commented that the Tanglewood Subdivision was developed 40 years
ago and the developer had died 20 years ago. He asked if the owners of the undeveloped lots in the
subdivision should have to build using the proposed design standards.
Mr. Mike Keenan, Planning Board member, stated that Section 10.10(6) may need
clarification because a homeowners association or future owners of a project may never accept the
amenity package and the drainage system from the developer because it places the responsibility to
operate and maintain the drainage system on the association. He recommended that some changes
in the language be made.
Mr. Bill Cameron, a developer and resident of the area, spoke concerning his support for good
stormwater management. The rules enacted by federal and state governments during the last ten
years made significant improvements in development of subdivisions. Much of today’s drainage
problems come from neighborhood and commercial developments that took place prior to any
stormwater management practices, and the newer developments have done a lot to minimize the
problem. The ordinance is important for new development, but a tremendous effort needs to be
placed on existing developments. He asked that adequate County staff be hired to administer the
regulations so that developers will not be held up in getting the projects approved. Fees should be
high enough to pay for staff to review the applications in a timely basis. Additionally, he felt that the
design manual should have been left at the standards of a 10-year event instead of the 25-year event,
because of the substantial increase in cost without a significant difference in volume. He spoke in
favor of having a fair impervious surface tax applied to property owners in the county to deal with
the drainage problem areas. He also supported the idea of the one-stop-shop for developers.
Mr. David Latham responded to a previous comment about lawsuits against developers for
drainage problems in subdivisions. He stated that the State has a three year statute of limitation that
a person must identify a problem and file a law suit within three years of learning about a problem.
Problems may not have existed or were unknown until more development occurred, which
compounded the problem. He was pleased that the regulations were using calculations for 25-year
events. The rain of the last 30 days shows the need for stronger requirements. He requested the
Commissioners to continue their efforts with the ordinance in dealing with stormwater management
of all building sites.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 169
Ms. Donna Girardot, spokesperson for the Wilmington Regional Association of Realtors,
stated that the Association has been a proponent of the stormwater management program and
encouraged the adoption of the ordinance. She spoke in support of addressing water quality issues
and environmental concerns, and she agreed that the responsibility should not be shifted from the
County to individual property owners for maintenance of drainage systems. However, each
homeowner should have the responsibility of keeping his ditches clean and free from obstructions.
Although she supported steps to continually improve the proposed ordinance, she urged the Board
to move forward and adopt the proposed plan.
Mr. Warren Wakeland, spokesperson for the Cape Fear Homebuilders Association, spoke in
support of adopting the ordinance and working in the future to find a funding mechanism, such as
a drainage district, to fund drainage projects and to address water quality and shellfishing issues. He
urged the Board, staff members, and Mr. Dawson to stay committed in dealing with the drainage
issues. The County must help those in the county who need assistance in correcting their drainage
problems, but the property owners have an obligation to keep the ditches clean.
Chairman Caster closed the Public Hearing.
Commissioner Davis stated that he agreed that the ordinance needs to better address existing
construction as well as new, and it needs to address water quality and shellfishing concerns. After
hearing about the drainage problems in the county for the last four years and the Board’s commitment
to address the issues, he felt that the Board should adopt the proposed ordinance and amend it later
to address the issues brought up during the public hearing.
Motion:
Commissioner Davis MOVED, SECONDED by Chairman Caster, to adopt the Stormwater
Management Ordinance and Design Manual as recommended by the Planning Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 15.
The ordinance will be codified into the New Hanover County Code.
In further discussion, the Commissioners committed to continue work on improving the
ordinance to address the concerns brought up in the Public Hearing.
POSTPONEMENT OF PUBLIC HEARINGS: A REQUEST BY CHARLES JOYCE TO
REZONE 2.72 ACRES LOCATED AT 1816 FARLEY DRIVE AND 1810 NORTH KERR
AVENUE FROM AR AIRPORT RESIDENTIAL TO AI AIRPORT INDUSTRIAL. (Z-710,
08/00)AND A REQUEST BY WAYNE CARSWELL FOR A SPECIAL USE PERMIT FOR
DUPLEXES, LOCATED OFF GREENVILLE LOOP ROAD IN AN R-10 RESIDENTIAL
DISTRICT (Z-710, 08/00)
Chairman Caster reported that George Rountree, attorney representing Charles Joyce, and
Wayne Carswell, the petitioner for the Special Use Permit, have requested that the Public Hearing
items be continued to the October 2, 2000 meeting. He requested the Board’s consideration.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to continue
the Public Hearing items until October 2, 2000. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY HAYDEN-STANZIALE, PA FOR
LIGHTHOUSE DEVELOPMENT CORPORATION TO GRANT A SPECIAL USE PERMIT
FOR A PERSONAL CARE AND EDUCATIONAL FACILITY IN AN R-15 RESIDENTIAL
ZONING DISTRICT ADJACENT AND SOUTH OF OCEAN FOREST LAKES
DEVELOPMENT, EAST SIDE OF RIVER ROAD (S-467,07/00)
Chairman Caster opened the Public Hearing and announced that a special use permit requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Deputy
Clerk to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 170
The following persons were sworn in:
Dexter Hayes
George Fletcher
Roberta Greene
Jim Bailey
Dan Green
Jeff Keeter
Chairman Caster announced that the item was continued from the meeting of August 7, 2000,
in order for the developer to meet with Ocean Forest Lakes Homeowners Association to resolve their
concerns. He requested all persons speaking to limit their remarks since most of the comments were
received at the last meeting.
Planning Director Hayes reported that the primary concerns brought up at the last meeting
included environmental degradation of nearby areas, "cut through" traffic into existing
neighborhoods, and adequate buffering around the facility. Two meetings have occurred between
the homeowners association and the petitioner, and they have agreed upon conditions to the findings
of facts. The Planning Board had recommended approval of the projects with four conditions: 1.)
every effort be made to mitigate potential flood and environmental concerns, 2.) adequate water and
sewer service be secured prior to the construction of the facility, 3.) Light House Development be
required to join the Ocean Forest Homeowners Association in order to use and maintain the private
roads in Ocean Forest Development, and 4.) low intensity lighting and adequate buffering be installed
in the parking areas to mitigate concerns from adjoining landowners in Ocean Forest Lakes
Development. Furthermore, he recommended that the petitioner provide an emergency access at a
street stub connection into Lords Creek for access to Carolina Beach Road.
Commissioner Davis asked if the proposed plan was consistent with the Land Use Plan.
Planning Director Hayes responded that staff considered the proposed plan a better use of the
property as opposed to the potential impact of a build-out for homes in the R-15 Residential District.
Mr. George Fletcher, representing Lighthouse Development, stated that the R-15 Residential
District could contain as many as 700 single-family houses as opposed to the proposed use in
developing 20 acres out of 284. The undeveloped acreage will be used for jogging trails, exercise
areas, riding trails, and agricultural purposes. The proposed personal care and educational facility
will be a center where people will visit from four to seven days and receive an education in personal
care to improve themselves mentally and physically with training in nutrition, stress management,
exercise techniques, and personal productivity. The applicant, developer, or operator is not affiliated
with any religious organization or political organization, but in operation for profit, similar to LaCosta
in California, Canyon Ranch in Tucson, Arizona, and the Center for Living at Duke University. The
low intensive use of the property will be an asset for the area.
Mr. Fletcher stated that Dan Weeks, land planner for Haden-Stanziale, and Ms. Bobbie Green,
a Realtor familiar with the area, are available to give findings of fact about the site. For entering into
the record, John Hooton, an appraiser, has provided an affidavit regarding the value of the
development on the surrounding area. An agreement was reached with the Ocean Forest Lakes
Homeowners Association concerning the use of the roadways and access through the subdivision.
Mr. Jeff Keeter, attorney representing Ocean Forest Lakes Homeowners Association, spoke
concerning the agreement between the Lighthouse Development and Ocean Forest Lakes
Homeowners Association and the list of conditions to be submitted as a part of the Special Use
Permit. The agreement deals with construction access, emergency vehicles, water and sewer service,
parking, stormwater drainage in dealing with stables and horses, and lighting in parking areas on the
site. The parking areas have been moved from the eastern part of the site to the western side and
buffering will be provided around the parking areas so that it will not be visible from Ocean Forest
Lakes. He submitted the agreement as additional conditions to the Special Use Permit.
Commissioner Davis asked if an alternate road would be used in the Lords Creeks
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 171
Subdivision.
Mr. Fletcher responded that an emergency access would be provided into the Lord’s Creek
Subdivision.
Chairman Caster stated that since an agreement was reached between the petitioner and the
homeowners association, he called for a motion from the Board.
Motion:
Commissioner Howell MOVED, SECONDED by Vice Chairman Greer, to grant the
Special Use Permit subject to the conditions as agreed upon by the Ocean Forest Lakes Homeowners
Association and the Lighthouse Development, the conditions of the Planning Board’s
recommendation, and the provision of an emergency access into Lords Creek as recommended by
staff, and based upon the evidence and findings of fact presented at the August 7, 2000, meeting,
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 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 9.
PUBLIC HEARING TO CONSIDER A REQUEST BY HOWARD CAPPS FOR FORGE
DEVELOPMENT LLC TO REZONE 33.2 ACRES OF PROPERTY LOCATED AT 8109
MARKET STREET NORTH OF SWEETWATER DRIVE FROM R-15 RESIDENTIAL TO
B-2 HIGHWAY BUSINESS AND A REQUEST FOR A SPECIAL USE PERMIT FOR AN
INDOOR/OUTDOOR RECREATIONAL FACILITY IN AN R-15 RESIDENTIAL
DISTRICT. (Z-713, 08/00 AND S-470, 08/00)
Chairman Caster requested the Board to recuse him from voting on this item because he has
a business relationship with the organization involved with the application.
Chairman Caster requested Vice Chairman Greer to preside over this portion of the meeting.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to recuse
Chairman Caster from voting on this item. Upon vote, the MOTION CARRIED by a 4 to 0 vote.
Vice Chairman Greer 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 Deputy Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Howard Capps
Griff Weld
James Hundley
Dick Jones
Hugh MacRae
Vinton Fountain
Bill Maus
Lynn Smithdeal
Bob Caldwell
Jeff Caisen
Planning Director Hayes reported that at the Planning Board meeting, only one Country
Haven resident expressed concern about the pedestrian access easement and buffer and setbacks
requirements for the ballfields for the proposed Special Use Permit for an indoor/outdoor facility.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 172
Others in attendance supported the project. The Planning Board unanimously recommended approval
of the special use permit and approval to rezone the adjoining property to B-2 Highway Business.
There was no public opposition to the rezoning request.
Planning Director Hayes reported that the petitioner is requesting a rezoning from R-15 to
B-2 Highway Business on the front portion of the property. The site is used by Carolina Power and
Light Company, which was granted a Special Use Permit in December 1973 for an office,
maintenance building, and maintenance warehouse. In December 1975, a special use permit was
granted for a 140 foot microwave tower and a small metal building housing electronic equipment.
In March 1996, BellSouth was granted a special use permit to construct a 225 foot communications
tower to replace the existing 140 foot tower.
The property is surrounded by a variety of zoning. Adjacent and northeast of the site is B-2
Highway Business which is occupied by the Porter’s Neck Shopping Center. Across Market Street
and northeast of the site are Highway Business and Neighborhood Business Districts. Directly across
Market Street is an I-1 Industrial District, which is primarily occupied by office uses. Southwest of
the property is Office and Institutional and some Conditional Use (B-2), with the remaining properties
zoned R-15 Residential. Although the property is not identified as Conservation Areas, there are
significant 404 wetlands located on the front portion of the site within the SHOD boundaries.
The natural features of the site combined with the pending special use permit for the YMCA
creates a unique opportunity for a mixed-use development. While staff agreed that the 33.2 acres of
property are not the most desirable for residential use, it is too large an area to permit an open B-2
Heavy Commercial District. Staff recommended that the petitioner revise the request for B-2 zoning
to a combination of O&I and B-1 or a Conditional Use B-1 Neighborhood business with limited retail
and office uses in order to create a mixed-use project. Creating a mixed-use project would allow the
property to be developed in accordance with an overall plan, while still protecting the sensitive natural
features.
Planning Director Hayes presented slides of the area and reported that the petitioner was also
requesting a Special Use Permit to locate an indoor/outdoor recreational facility in the R-15
Residential Zoning District. He 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 as
follows:
A.County water and sewer are proposed for the project.
B.The project will have direct access via a private road from Market Street.
C.The Ogden Volunteer Fire Department and EMS District 1 will serve the project.
D.Approximately 15.75 acres are proposed to be developed.
E.The proposed project does not encroach within the 100 year flood zone.
F.No conservation resources exist on site.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Indoor/Outdoor establishments and other related activities are permitted by Special
Use Permit in the R-15 Residential Zoning District.
B.The project proposes 297 parking spaces.
C. Adequate buffers and one ground sign not to exceed 32 square feet will be required
in accordance with Section 72-36 of the County’s Zoning Regulations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 173
D. The facility will consist of one 35,000-square-foot building, two soccer fields, and one
ballfield.
E. No lighting is proposed on the ballfields.
F. Lighting is proposed for the building, parking, and access areas.
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 north, west, and south of the site is currently zoned residential.
B.A Carolina Power and Light facility is located east of the site.
C.Several Indoor/Outdoor establishments are located throughout the County and
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 County Land Classification Plan identifies this area as urban
transition. This land class is intended to provide intensive urban development on
lands that have been or will be provided with necessary urban services. Residential
development can exceed 2.5 units per acre provided the development is adequately
designed to be compatible with existing and proposed surrounding land uses and is
served by public water and sewer and has direct access to a major or minor arterial.
B.As stated, approximately 15.75 acres will be developed consisting of a 35,000 square
foot structure, two soccer fields, and one baseball field.
Planning Director Hayes stated that staff had some concerns in the preliminary review of the
project and recommended the following conditions: adequate water and sewer service must be
secured prior to construction; pedestrian and vehicle access to facilitate inter-connectivity between
adjoining residential uses of Country Haven Development has been accommodated; shared access
with the frontage of the property should be required to minimize the curb-cuts on Market Street; and
additional buffering may be needed for the adjacent residential lots to the west.
Commissioner Davis asked if the proposed B-2 Highway Business designation was consistent
with the Land Use Plan.
Planning Director Hayes responded that Staff was concerned about the amount of commercial
change that would occur from the rezoning and had recommended that the petitioner revise the
request for B-2 zoning to a combination of O&I and B-1 or a Conditional Use B-1 Neighborhood
Business with limited retail and office uses in order to create a mixed-use project. The Planning
Board did not agree with staff and recommended to rezone the property to B-2. Staff felt that the
risk of the B-2 zoning opens the area to noxious type uses of heavy commercial, such as car lots, etc.
Once it is rezoned, there would not be any control of what uses occur. It is an expansion of existing
non-residential uses in the area, and it probably will create more commercial zoning than the Land
Use Plan would encourage in the policies of strip commercial development on major highways. A
less intensive use would be more consistent with the Land Use Plan.
Furthermore, Planning Director Hayes stated that given the existing uses and the sensitive
natural features across Market Street from the site, staff had recommended that the I-1 Light
Industrial District be changed to Office and Institutional or commercial. The I-1 Classification does
not reflect the existing land use patterns in the area, but the Planning Board did not agree with the
recommendation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 174
Mr. Howard Capps, representing the applicant Forge Development, stated that the Policy for
Growth and Development does show the area on the land classification map as urban transition,
which has the purpose of providing for future intensive urban development. The 1997-2010
Comprehensive Plan for Growth in New Hanover County calls for the location of regional
commercial nodes at major intersections to accommodate uses that serve regional markets. Since the
Market Street and Porters Neck Road area is an area that is rapidly growing, and it has a planned
outer loop northeast of the site, he felt that the area should be rezoned to B-2. As Staff agreed, the
33.2 acres is not desirable for residential use. Since no firm plans can be submitted for the proposed
B-2 property, a Conditional Use (B-1) zoning is not applicable, and it is not appropriate because of
the amount of vacant retail and office space available in the county. Also, O&I and B-1 zonings
would make the existing storage and warehouse on the site a non-conforming use.
Commissioner Davis asked if the property were rezoned and sold to another individual, would
CP&L keep the storage facilities on the property.
Mr. Capps replied that the facilities will remain on the property, but he did not know if CP&L
will remain on the site.
Mr. Capps presented maps showing the existing land use pattern, existing facilities, and
residential uses. The site is located on a major thoroughfare carrying 27,000 vehicles per day with
a design capacity of 36,000 to 40,000 vehicles per day. Another map showed the zoning of existing
commercial properties along the roadway to be B-1, B-2, or I-1. The proposed plan showed 15
acres will remain R-15 and will serve as a buffer between the adjacent residential neighborhood and
B-2 zoning. The YMCA’s request for a Special Use Permit for an indoor/outdoor recreation facility
is on the R-15 property. The YMCA site would have access on the left side of the property by an
80 foot right-of-way and the access would belong to the YMCA. The petitioner intends to donate
the 15 acres to the YMCA. The site plan showed a 35,000 square foot facility, parking, two soccer
fields, a small ballfield, and the necessary retention facility. The 404 Wetlands located along the
Market Street frontage will be preserved. The remaining property will have a mixture of O&I and
B-2 uses.
Mr. Rick Wells, chairman of the YMCA Expansion Committee and past president, spoke on
the YMCA’s plan to build the proposed facility on the site. He submitted, for the record, documents
signed by the property owners acknowledging that they were not opposed to the proposed use of
development by the YMCA. Two other property owners were present to speak on the proposed
plan.
Dr. James Hundley, one of the property owners of Wilmington Orthopaedic, located on the
north side of the rezoning petition, stated that the Board had rezoned his property to B-2 about two
years ago and that he supported the rezoning.
Mr. Jeff Caisen, owner of residential property bordering the proposed project, spoke in
support of the rezoning and Special Use Permit. The proposed project would allow the Sheriff’s
Department to have access to patrol the dirt road behind his property and give him a sense of security.
The design plan included a sufficient buffer between the residential and B-2 areas.
Mr. Dick Jones, chairman of the YMCA Planning Committee, spoke of the wonderful
opportunity the YMCA has to become a regional player of the community in addressing the needs
of the growing population by providing the soccer fields and other recreational opportunities for the
northern end of the county. He requested the Board to approve the special use permit and to rezone
property along Market Street to B-2 to allow the commercial development for regional purposes.
Mr. Hugh MacRae, YMCA Board member and residential real estate agent with Intracoastal
Realty, spoke of his involvement with the residential areas of Bayshore and Marsh Oaks. He stated
that the proposed YMCA facilities would be a great benefit to the residential area and that the
rezoning would allow a better use for the property than residential use.
Mr. Vinton Fountain, YMCA Executive Committee member, spoke on the great opportunity
that CP&L and a fellow YMCA Board member have given the YMCA to build in the northern area
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 175
of the county. A similar opportunity may not happen again. He requested the Board to support the
YMCA’s expansion plans by approving the petitions.
Mr. Bill Maus, co-chairman of the YMCA Expansion Committee, spoke on his efforts with
CP&L in providing a site for use by the YMCA. After the Board had denied the request to rezone
the property to I-1 Industrial last year, CP&L determined that they will not continue to use the
property. They will move their regional transmission and light facility headquarters to Leland, but
the building facilities will remain on the property. The leasing of the facilities will be important to the
YMCA in providing an income to offset the debt service for the part of the land purchased from
CP&L. He had contracted to purchase the property and will make a joint donation with CP&L to
the YMCA for the fifteen acres. If the YMCA is unable to capitalize on this opportunity, the
property will be placed on the open market and another applicant will be requesting a conditional use
for the property. The YMCA does not want to submit a conditional use request because there are
no firm plans to develop the property. Currently, the County has over a half million square feet of
vacant retail and office space and a conditional-use zoning request will add to the vacancy rate. If
a plan is submitted, it will not be built accordingly because there are no firm plans for the site. The
economics of the deal with CP&L will require the YMCA to use the property for its best use. He
requested the Board to approve the continuation of the existing B-2 District in the area.
Ms. Lynn Smithdeal, Chief Volunteer Officer of the YMCA, spoke on the desire of the
YMCA to expand its mission to the northern end of the county and the opportunity that the proposed
site will provide. She requested the Board to approve the rezoning of the property to B-2, which is
a crucial component of the YMCA plans.
Mr. Bob Caldwell, Chief Executive Officer of the YMCA, spoke on the plans for the
proposed site which include a 35,000 square-foot facility with two indoor pools (one for arthritic and
therapeutic pool work), an aerobic exercise studio, weight resistance equipment, meeting room, and
nursery and child care facilities.
Vice Chairman Greer asked Mr. Capps if he agreed with the findings of facts as presented by
staff.
Mr. Capps concurred with the findings of fact.
There being no opposition, Vice Chairman Greer closed the public hearing.
Commissioner Davis asked the Planning Director if the testimonies addressed the concerns
raised by staff about the site.
Planning Director Hayes responded that staff did not object to the uses of the YMCA, but he
was concerned about the ultimate use of 33 acres of B-2 property.
Commissioner Davis asked about the uses of adjacent properties.
Planning Director Hayes explained that the property zoned I-1 has one manufacturing
assembly plant on the property and most of the industrial use has been relocated or removed, which
is why he felt the O&I or B-2 use would be more consistent with the current land pattern. The I-1
zoning for the area is out of character with other operations in the area of Market Street.
Commissioner Davis commented that the appropriate use of the property would seem to be
commercial development of B-1 and B-2 Business Districts.
Planning Director Hayes stated that the argument could be supported by the reference to a
large commercial node and the proposed Highway 17 Bypass planned for the area. However, this
property is further south from the proposed commercial corner.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to rezone 33.2
acres located at 8109 Market Street, north of Sweetwater Drive, from R-15 Residential to B-2
Highway Business. Upon vote, the MOTION CARRIED 4 to 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 176
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED JULY 6, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning
Ordinance Book I, Section 5, Page 43.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to grant a
Special Use Permit for an indoor/outdoor recreational facility on property located at 8109 Market
Street in a B-2 Highway Business Zoning District, subject to the conditions recommended by the
Planning Board and based upon the evidence and findings of fact concluding that the use will not
materially endanger the public health or safety if located where proposed and developed according
to the plan as submitted and approved; the use meets all required conditions and specifications of the
Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting
property or that the use is a public necessity; and the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County. Upon
vote, the MOTION CARRIED 4 to 0.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 9.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOE TAYLOR, ATTORNEY FOR
Z-1 COMMERCIAL PROPERTIES, LLC TO REZONE APPROXIMATELY 16 ACRES OF
PROPERTY LOCATED IN 5200 BLOCK OF CAROLINA BEACH ROAD, EAST SIDE
FROM R-15 TO B-2 HIGHWAY BUSINESS. THE REQUEST HAS BEEN MODIFIED FOR
CONDITIONAL USE REZONING TO CD(B-2) CONDITIONAL USE HIGHWAY
BUSINESS AND B-2 HIGHWAY BUSINESS (Z-697, 05/00)
Chairman Caster opened the Public Hearing and announced that a Conditional Use hearing
requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the
Deputy Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Joseph (Joe) O. Taylor
Richard Collier
Keith Calder
Planning Director Dexter Hayes reported that the Board approved a conditional use zoning
for the portion of the property for the new Lowe’s site. The remaining property fronting on Carolina
Beach Road was left. Since the Regular Meeting of June 5, staff has received a revised application,
which basically includes the balance of the property as a Conditional Use (B-2) zoning. The
Conditional Use approved at the June 5, 2000 Public Hearing was for parcels 1-4. The remaining
parcels 5-14 were tabled to allow the petitioner to explore a further Conditional Use rezoning. The
petitioner has submitted a Conditional Use site plan for parcels 5-14 and a revision of part of the
previously approved plan. Staff submitted a list of 14 comments and recommendations in addition
to the requirements of the zoning ordinance. Most of the conditions have been agreed upon by the
petitioner and staff has received a tree survey that will be incorporated into the site design. He
presented staff’s findings of facts:
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 as
follows:
A.The subject property is served by County Sewer and Community Water.
B.The site is located in the Myrtle Grove Volunteer Fire Department District
C.Access to the site is proposed in two locations on South College Road and three
locations on Carolina Beach Road. The applicant’s traffic impact analysis proposes
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 177
the addition of both right and left hand turn lanes in several locations and proposes
a signalized entrance on South College Road across from the existing library site.
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 has been submitted in accordance with Section 59.7-3 of the zoning
ordinance.
B.All setbacks and buffer requirements can be met.
C. Based on County maps, no Conservation Resources have been identified. However,
some pockets of 404 Wetlands do exist and will need to be inspected by the Army
Corps of Engineers.
D. Significant trees have been located on site. Although much of the site was disturbed
by the old softball fields, the County aerial photograph indicated that most of the
significant vegetation exists on the eastern parcels of the site.
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.Surrounding land use and zoning is a combination of residential and commercial.
South of the site at the intersection of South College and Carolina Beach Roads is a
B-2 Highway Business District. There is an R-15 Residential District abutting the
western property line.
B.Across Carolina Beach Road from the subject site is a B-2 Highway Business District
occupied by several different retail stores. Adjacent to the B-2 District is an R-10
Residential District occupied by the Royal Palms Mobile Home Park.
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 County’s comprehensive plan recommends locating “regional commercial nodes
at major intersections to accommodate uses that serve a regional market.”
B.A commercial node in this location would intercept traffic from the south going to
other retail centers further north and would also attract some traffic from the northern
parts of the County.
Attorney Joseph Taylor, representing the petitioner, stated that the Board approved the
Conditional Use for tracts 1, 2, 3, and 4, which were part of the Lowe’s project. The petitioner
requested additional time to submit a plan for the remaining tract of 14 acres. Although the Planning
Board had recommended a straight B-2 Rezoning of all of the tract, the Commissioners were
concerned about a straight B-2 zoning and asked the petitioner to provide a possible development
plan. While looking at alternatives, Walmart expressed an interest in the site, because of it being an
established commercial node. A new design plan combined the two stores and the previously
submitted and approved plan for Lowe’s will need to be amended. The new plan removes a shopping
center, a 40,000 square-foot grocery story, and two retail centers which resulted in the removal of
85,000 square feet from the plan. The Walmart Store has been included at a substantial reduction
in the density of the development resulting in a decrease in traffic generation from 7,400 to below
6,000 vehicles per day.
The previous plan established a traffic impact and construction fee in the amount of $250,000
as a part of the permit and conditions used to establish the Lowe’s store. The same formula applied
to the revised plan will yield the $250,000 fee for the construction of improvements to the Monkey
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 178
Junction intersection. The proposed plan will not endanger public safety because it is a true
commercial node. It will not decrease the value of adjoining property, which is zoned B-2 and
surrounded by major thoroughfares and multi-family developments. The plan is in compliance with
all the County’s rules and regulations of the Zoning Ordinance, Policies for Growth and
Development, Land Classification Plan, and Comprehensive Plan. He requested the Board to approve
the modifications to the Lowe’s plan and approve the new plan. Traffic engineers, engineers,
designers, and representatives from Walmart were present to answer any questions of the Board.
Commissioner Davis asked if the petitioners agreed with the conditions recommended by staff.
Attorney Taylor responded that the petitioners agreed with the 14 conditions. The
stormwater management plan for the site exceeded the requirements of the newly adopted Ordinance.
Several items may not be in compliance with the draft Unified Development Ordinance, but the
petitioners are willing to work out an agreement.
There being no opposition, Chairman Caster closed the Public Hearing and called for a motion
to approve or deny the request.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice Chairman Greer, to modify the
previously approved plan and to incorporate the additional 14 acres located in the 5200 block of
Carolina Beach Road, east side from R-15 Residential District to Conditional Use (B-2) Highway
Business, subject to the additional conditions recommended by Planning Staff. Upon vote, the
MOTION CARRIED UNANIMOUSLY
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 15, 1969 is hereby incorporated as a part of the minutes and is contained in
Zoning Ordinance Book I, Section 4, Page 60.
Conditions
:
1.Significant trees do exist on the property and should be incorporated into the site design.
A.Trees in the Wal-Mart parking lot at the terminus of the driveway between the
detention ponds, should be incorporated into an island and saved.
B.Significant trees within remote gas pump area should be retained.
2.In accordance with the prior rezoning approval for parcels 1-4 the petitioner should be subject
to the payment of a transportation fee of $1,221.50 per 1,000 square feet of gross leaseable
area when the City of Wilmington and New Hanover County enter into an interlocal
agreement. The funds will be returned if an award for the intersection improvements contract
is not made within 5 years.
3.The petitioner should reserve a pedestrian and/or a vehicular connection to the Weaver tract.
4.The sidewalk along Sneeden Road should be completed down to Carolina Beach Road.
5.A sidewalk should be provided from Lowe’s to Walmart.
6.Large interior parking bays need to provide some drive aisle connections.
7.Potential traffic conflicts at Walmart parking lot and Sneeden Road Connections as well as
at the entrance to the gas pumps should be eliminated.
8.Design for Out Lot 1 fronting on Carolina Beach Road should save and incorporate some of
the existing trees.
9.Need justification for remote parking area shown adjacent to McDonalds’ entrance.
10.Excess parking can be eliminated to enhance landscaping and tree preservation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 179
11. A bus or transit stop should be provided at one or both of the main entrances to the project.
12.Landscaping should be provided between the buildings and the drive aisles in accordance with
the City of Wilmington standards for large scale retail developments.
13.In an effort to minimize the impact of the auto service, loading and gas pumps, street yard
landscaping should be provided along Carolina Beach Road in accordance with the draft UDO
standards.
14.Stormwater Management should be provided in accordance with the newly adopted standards
for new development in the County. Stormwater management ponds should be an amenity.
If safety fencing is required around Stormwater management facilities, it should NOT be
chain-link or privacy fencing.
A.Within the detention pond areas, as many trees should be saved as possible.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 9.
PUBLIC HEARING TO CONSIDER A REQUEST BY TRIPP ENGINEERING FOR
BURROWS SMITH TO AMEND SECTION 67-2(2) AND 67-5(1) OF THE NEW HANOVER
COUNTY ZONING ORDINANCE. (A-302, 5/00)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported there was little discussion by the Planning Board
and no public comment on the proposed Text Amendment to exclude interior paving of storage
facilities from the landscaping requirements. The applicant, Mr. Burrows Smith, wanted to eliminate
the need for landscape islands between buildings in storage facilities. The proposed amendment will
allow more flexibility in placing the landscaping within those areas while retaining 8% interior
landscape requirement. The Planning Board voted unanimously to recommend approval of the
revised amendment to the Zoning Ordinance.
Section 67-5(2)(B) will include the following:
The interior landscaping requirement within storage facilities can be met with landscape
islands on the ends of buildings and with protruding perimeter landscaping.
Motion
: Vice Chairman Greer MOVED, SECONDED by Commissioner Howell, to amend the
Zoning Text Amendment by modifying Section 67-5(2)(B), as recommended by the Planning Board.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the text amendment to the Zoning Ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIV, Page 15.
PUBLIC HEARING TO CONSIDER A REQUEST BY PLANNING STAFF TO NAME AND
PROVIDE ADDRESS ASSIGNMENTS TO WILD MAGNOLIA ROAD LOCATED OFF
CROOKED PINE ROAD IN GREENVIEW RANCHES DEVELOPMENT(SN-85, 09/00)
Planning Director Dexter Hayes reported that the proposed road is a private unimproved
drive, an easement in Greenview Ranches, serving as access for several homes with several more
proposed for construction. These homes have a combination of addresses off various streets. Wild
Magnolia was agreed upon by most of the residents who live along the road and is an unduplicated
street name according to E-911. In accordance with the County's Address Grid System, street
addresses will need to be adjusted. If approved, the County will be responsible for erecting new
street signs. An effective date of change is scheduled for December 4, 2000. These were five acre
lots that were subdivided before the County’s Subdivision Ordinance affected these type divisions.
There are only two platted roads in the development of Crooked Pine and Plantation Road and all
the remaining lots are served by easements. He recommended the naming of Wild Magnolia Road,
and the reassignment of street addresses reflecting the County 's Address Grid System.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 180
Chairman Caster asked if anyone from the public would like to speak.
No public comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice Chairman Greer, to adopt an
order to name the private unimproved drive Wild Magnolia Road and to authorize the Planning Staff
to reassign house numbers. Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit
Book XXVI, Page 15.
PUBLIC HEARING TO CONSIDER A REQUEST BY PLANNING STAFF TO NAME AND
PROVIDE ADDRESS ASSIGNMENTS TO YAHWEH LANE LOCATED OFF OAKLEY
ROAD IN THE WRIGHTSBORO COMMUNITY (SN-86, 09/00)
Planning Director Hayes reported that the proposed road is recorded (Map Book 32, Page
255) as Hugh M. Guyton Division, and is both a 60 foot and 30 foot private access easement.
Approximately three structures currently exist along this private road, with an additional home to be
constructed. Yahweh Lane was agreed upon by most of the residents who live along the road and
it is an unduplicated street name. In accordance with the County's Address Grid System, street
addresses will need to be adjusted. If approved, the County will be responsible for erecting new
street signs. An effective date of change is scheduled for December 4, 2000.
Chairman Caster asked if anyone from the public would like to comment.
Ms. Cynthia Avery, resident of 2317 Oakley Road, spoke in opposition of the proposed name
change. She had received a letter from the Planning Department stating that the single-lane driveway
was proposed to be a road and the name proposed by the residents. Her house faces Oakley Road
and her address would not be changed, but she owns the lot behind her house that the dirt road runs
along. She did not want two separate addresses for the contiguous lots. She also was concerned
about the road sign and mail boxes being located in her front yard. She suggested that the logical
choice of the road name should be Russell Lane since the land was purchased by the Russell family
in the 1930's. Her home, built in the late 1930's, was called the Russell House in the Historic
Architecture of New Hanover County. She felt that the name would be more appropriate and
preserve a little history of the community. She requested the Board to postpone the naming of the
road until her questions were answered and to allow her to be included in the decision of the road
name.
Planning Director Hayes stated that it is a private driveway that serves four or more lots.
People are using Oakley Road as the mailing address. The petitioner and owner of lot 22, Patsy
Richardson, has subdivided her lot into three additional lots. Older roads with pre-existing standards
are allowed to have subdivision developments to occur on the old rights-of-way easements.
Chairman Caster stated that since Ms. Avery owns a lot on the easement she should be
included in the process to name the road. He postponed naming the road for 30 days to allow the
property owners to determine a name that would satisfy the majority. He also expressed concern that
the Yahweh name may lead to some confusion when an emergency vehicle is needed because of the
new Yahweh Center located nearby on Blue Clay Road.
Vice Chairman Greer asked that the Planning Department notify Ms. Avery whether Russell
would be an acceptable road name with the E-911 Center.
Planning Director Hayes suggested that the property owners may want to submit two or three
names each in case of duplications.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 181
PUBLIC HEARING TO CONSIDER STREET ADDRESS ASSIGNMENTS FOR
CORNELIUS MOORE AVENUE
Chairman Caster opened the Public Hearing.
Planning Director Dexter Hayes stated that Cornelius Moore Avenue is an unimproved road
with approximately five homes. Improved vehicular access for these residents is to Acorn Branch
Road. At the present time, the homes located on Cornelius Moore Avenue are addressed off Acorn
Road. Cornelius Moore Avenue is a valid road, with an established range of 2100-2199. In
accordance, with the County's Address Grid System, street addresses need to be reassigned. An
effective date of change is scheduled for December 4, 2000.
Planning Director Hayes said the reassignment of house numbers on these streets will improve
service delivery for the residences along the road. Emergency 911 has endorsed this request. Based
on the County’s addressing policies, he recommended approval of the reassignment of street
addresses on the roads.
Chairman Caster asked if anyone from the public would like to speak.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve
reassignment of house numbers on Cornelius Moore Avenue, located off Acorn Branch Road, north
of Wilmington International Airport, as recommended by the Planning Staff. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit
Book XXVI, Page 15.
RESOLUTION OF INTENT TO CLOSE A PORTION OF CHERYL LANE IN CHURCHILL
ESTATES (SC-76/08/00)
Planning Director Hayes reported that Jay Graham had petitioned to close the southern
terminus of Cheryl Lane located in Churchill Estates development near North Kerr Avenue. In
accordance with N.C.G.S. 153A-241, a Resolution of Intent to close a road must be adopted prior
to scheduling a public hearing. This 50 foot improved right-of-way is approximately 126 feet in
length and currently serves as access to two (2) residential lots. Vehicular access to the two adjoining
lots will not be impacted if the road is closed. The road abuts a sizable acreage tract to the south.
A mobile home park and mini storage building occupy the tract. Both of these uses have vehicular
access from North Kerr Avenue, and there is potential access on Dean Drive and Spring View Drive.
Staff felt that it may be premature to close the road before seeing a plan for the development of the
two large tracts to the south of the stub. Mr. Graham circulated a petition to some of the residents
on Cheryl Lane and they supported the closing. People in the neighborhood travel to Grathwol Lane,
which is the main entrance into the subdivision. There has been some discussion about a residential
development on the tract of land behind the street stub, but there are other potential stubs that can
be used. Staff recommended to keep the street stub open until plans are submitted for the vacant
tract.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Howell, to deny the
Resolution of Intent to close a portion of Cheryl Lane in Churchill Estates. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSIDERATION OF AWARD OF BID CONTRACT # 01-0063 FOR PRECAST CELL
MODULES FOR THE PROPOSED JAIL
County Manager Allen O’Neal announced that the County received bids for the manufacture
and erection of Precast and Concrete Cell Modules for the new jail facility to be located on Blue Clay
Road. Two companies, Old Castle Precast, Inc. and Tindall Concrete submitted bids for the August
30, 2000 bid opening. At the first bid opening, only one bid was received at the correct location. The
first round of bidding requires a minimum of three bids.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 182
Chief Project Engineer Greg Thompson recommended that staff be allowed to negotiate with
Tindall Concrete, the lowest bidder. The bid was $82,421 more than the estimated budget.
Vice Chairman Greer asked if the project expediter agreed with the recommendation.
Mr. Thompson responded that the project expediter agreed with the recommendation to allow
staff to negotiate with Tindall.
Commissioner Davis stated that the Board had discussed the potential of $80 to $90 million
of construction projects in the County, which includes the jail, parking deck, administration building,
and expansion of the judicial building. He requested the Board to consider holding back on the
Sheriff administration building and the other structures proposed for the Blue Clay Road site that are
separate and apart from the jail. Since both the City and County are considering building new
administration buildings, parking decks, and buildings for law enforcement, the governments are in
a unique position to discuss the possibility of joint facilities. This effort would be a very positive
move toward consolidation. Because of the health hazards and working conditions in the Annex
Building and the possibility of moving the Human Relations Commission, these buildings could be
torn down for a new building.
Commissioner Davis said that he had talked with Councilman Charlie Rivenbark about
combining the administration buildings and the law enforcement buildings, and he has told him that
the City will need to back off on the parking deck requirement for the Certificate of Occupancy for
the judicial building expansion, if the two governments work together on these projects. A joint
parking deck project could be considered also. He requested the Board to consider holding up on
the Sheriff administration building until they can discuss these opportunities with the City. Although
the County is under a great burden to build a jail as soon as possible, awarding the bid of the precast
cells will eliminate any possibility of moving the jail facility from the Blue Clay Road location. His
two main concerns with the jail project are the location and the cost. In the discussions with the City
about a joint law enforcement administration building, another site for the jail may become available
and it may be possible for the jail project to be located in the City. He also was concerned that the
first bid for the jail project was coming in $82,000 over budget.
Commissioner Davis stated that Councilman Rivenbark will talk with City Council at its
meeting this evening to see if they are interested in discussing the issues. He had told Councilman
Rivenbark that if the City and County work together on a staff administration building or a law
enforcement administration building in the downtown area, parking will need to be addressed. These
discussions will mean backing off on the commitment for the Sheriff administration building, firing
range, trustees dorm, and Day Sentencing Facility. The County still will need to deal with the jail.
Commissioner Birzenieks asked the status of the contract agreement with the Institute of
Government concerning the consolidation study.
County Manager O’Neal responded that Kurt Jenne had recently told him that it would be the
next major project for the Institute of Government to consider, and the proposal should be ready for
the two governing bodies within the next two weeks. The proposal will include a time frame, costs,
and suggested process in moving forward with the study. He requested the Board to schedule a joint
meeting with City Council to consider the proposal from the Institute of Government. If the Board
awards the bid for the precast cells, it will begin the process to construct the jail. The jail and the
associated support facilities can be built without the Sheriff administrative space.
Project Engineer Thompson responded that there would be some expense to redesign the jail
housing support if the administrative space was removed from the plan.
Commissioner Howell asked when the cell construction would begin if the contract was
approved.
Project Engineer Thompson responded that construction is scheduled to begin in August of
next year. He reiterated that he was not asking the Board to approve the contract, but to allow staff
to negotiate the contract.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 183
Vice Chairman Greer asked how much contingency was included in the capital project.
Mr. Thompson responded that the budget ordinance calls for a 10% contingency. The bid
is $82,421 more than budgeted or 2% of the contingency for the one package.
Vice Chairman Greer commented that he would be in favor of proceeding with the jail project
without including the administration space for law enforcement.
County Manager O’Neal asked the Project Engineer how the project would be affected if the
Board postpones the Sheriff administration space.
Project Engineer Thompson replied that the design plan of the jail support operations would
need to be changed and there would be some associated cost. Other repercussions would occur as
well, such as the future use of the existing Law Enforcement Center, E-911, and Emergency
Management.
In discussion of the advantages of having a joint facility with the City, County Manager
O’Neal pointed out that there may be some efficiencies in communications and bookings, but some
technological projects also will improve efficiencies. Potential capital savings would occur because
of having one expense instead of two expenses for footprints of the buildings, landscaping, utilities,
and infrastructure of the buildings. The cost was nearly the same to include the functions of the
departments currently housed in the annex building in the proposed administration building using six
floors instead of three. A different design code is implemented when a building has more than six
floors. Regardless, housing the Police Department and the Sheriff’s Department in the same building
should improve communications, morale, and law enforcement activities.
In discussions concerning law enforcement under a consolidated government, it was felt that
two separate organizations could still function. Because the State Constitution requires a Sheriff, the
Sheriff’s Department could be the single law enforcement agency for the whole county, excluding
the beach municipalities not participating in the consolidation. Or the Police Department could be
in charge of all law enforcement and the Sheriff could operate a smaller department to serve the
courts and jail support system, similar to the operation in Charlotte and Mecklenburg.
Commissioner Birzenieks commented that he did not object to a joint law enforcement center,
but the County cannot afford to be placed on hold with the jail construction as when the City and
County were discussing a joint water and sewer authority for 2 ½ years to no avail. If there is
interest, the City and County must move quickly.
Chairman Caster felt that it was important for the Board to move forward with the jail project.
If there is efficiency in having a joint facility for the Sheriff’s Department and the Wilmington Police
Department, then there also is efficiency in having the Sheriff administration with the jail facility.
Motion:
Vice Chairman Greer MOVED, SECONDED by Commissioner Howell, to direct staff to
negotiate the contract with Tindall Concrete. Upon vote, the MOTION CARRIED 4 to 1.
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis
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 11:20 p.m. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 11:23 p.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, SEPTEMBER 5, 2000PAGE 184
ADDITIONAL ITEMS
Commissioner Davis spoke on the need to schedule a joint meeting with City Council as soon
as possible to discuss the possibility of building a joint law enforcement facility.
Chairman Caster stated that he felt it was more important to pursue a joint administrative
office than a joint law enforcement center. He said that he would talk with Mayor Jones about
scheduling a joint meeting concerning these issues.
ADJOURNMENT
Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice Chairman Greer, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:30 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board