2000-11-13 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 259
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 13, 2000, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse,
24 North Third Street, Wilmington, North Carolina.
Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer;
Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Vice-Chairman 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 to comment on an item listed on the Consent Agenda.
He requested all persons speaking to limit their remarks to three minutes.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
After hearing no comments from the members of the Board, Chairman Caster called for a
motion to approve the Consent Agenda.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings as presented by the Clerk
to the Board:
Regular MeetingOctober 16, 2000
Joint Meeting with Wilmington City CouncilOctober 9, 2000
Joint Meeting with Airlie Gardens Foundation BoardSeptember 12, 2000
Closed Sessions: April 3, 2000; August 7, 2000; August 21, 2000; August 25, 2000; and
September 5, 2000.
Adoption of Resolution to Release State Funds Allocated to the Council of Governments
The Commissioners adopted a resolution to release the County’s share of state funds in the
amount of $13, 898.83 to the Cape Fear Council of Governments in accordance with the provisions
of the General Statutes.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
Adoption of Resolution for the Sale of 6.38 Acres of County Owned Land to the North
Carolina Department of Transportation (NCDOT) for Smith Creek Parkway and Approval
of Associated Budget Amendment #01-0065
The Commissioners adopted a resolution for the sale of 6.38 acres of County owned property
to the NCDOT for the Smith Creek Parkway project and approved associated Budget Amendment
#01-0065. The Chairman was authorized to execute the warranty deed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 260
Improvements on the parcel include a private sewage treatment facility owned by Philip
Investments that was placed on County property pursuant to an easement granted in the1950's. The
NCDOT payment of $330,400 will be divided with $193,850 going to Philip Investments and
$136,550 to New Hanover County, based upon an appraisal by Robert Cantwell.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
A copy of the warranty deed is on file in the Legal Department.
Budget Amendment #01-0065 - Finance/County Commissioners/Non-Departmental
ADJUSTMENTDEBITCREDIT
Finance:
Sale of Fixed Assets$136,550
County Commissioners:
Appropriated Fund Balance$ 29,599
Non-Departmental:
Contracted Services$106,951
Explanation:
To budget $136,550 as the County’s portion of the proceeds from the sale of 6.38
acres of land needed for Smith Creek Parkway by the NCDOT.
Approval of Revision to the Juvenile Crime Prevention Council (JCPC) Grant
The Commissioners authorized Staff to revise the Juvenile Crime Prevention Council grant
to increase funding in the amount of $42,000 to the Institute of Family Centered Services.
Adoption of Resolution to Purchase Software from American Management Systems, Inc.
(Contract #01-0171) to Upgrade the Financial, Budget and Human Resources Systems
The Commissioners adopted a resolution to approve a computer upgrade for Financial,
Budget, and Human Resources systems as a sole source procurement pursuant to NCGS 143-129(f)
under Contract #01-0171 with American Management Systems, Inc. in the amount of $696,000 for
software and implementation and $115,000 for the first year of management. The County Manager
was authorized to execute the necessary contract documents.
The upgrade will be financed for three years and adequate funds for payments during this
fiscal year have been appropriated in Account 110-420-4256-7000-5940 . The annual maintenance
has been budgeted in account 110-410-4132-3700.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Authorizing Chief Project Engineer to Sign Permit Applications
The Commissioners adopted a resolution authorizing the Chief Project Engineer to sign permit
applications for capital projects on behalf of New Hanover County. The County is currently involved
in a significant number of capital projects and this will improve the processing time for permit
applications.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
Approval of Patent Agreement for Carbon Injection SystemAt the WASTEC Facility
The Commissioners authorized the New Hanover County WASTEC Facility to enter into an
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 261
agreement with the Babcock & Wilcox Company in the amount of $136,978 for use of carbon
injection technology at the WASTEC Facility. The Director of Environmental Management was
authorized to execute the patent agreement.
A copy of the agreement is on file in the Legal Department.
Adoption of Resolution to Authorize Submitting a Grant Application to the N. C. Department
of Pollution Prevention and Environmental Assistance for a “Drywall Recycling Project”
The Commissioners adopted a resolution authorizing the Environmental Management
Department to submit a grant application in the amount of $40,000 to the N. C. Department of
Pollution Prevention and Environmental Assistance to fund a Drywall Recycling Project in New
Hanover County. Funds are available in the Landfill budget to provide a 20% match of $8,000.
Award of this grant will enable the County to add a drop-off station at the landfill for source
separation of drywall. With the amount of waste drywall generated by construction in New Hanover
County, it is estimated that the drop-off station will receive over 40,000 tons annually from the
Landfill, thereby lowering the high amounts of hydrogen sulfide, which is a by-product of the
anaerobic decomposition of drywall.
Appointment of Scott McLendon to Serve on the Tidal Creeks Watershed Management
Advisory Board
The Commissioners appointed Scott McLendon, an employee of the U. S. Army Corps of
Engineers, Wilmington District, to serve on the Tidal Creeks Watershed Management Advisory
Board. Mr. McLendon is responsible for reviewing projects undertaken by State and local agencies
as well as individuals needing wetland permits. His position with the Corps would allow him to
identify potential projects that could be undertaken in joint arrangements with landowners and
developers in preliminary planning stages.
Adoption of Resolutions Requesting N. C. Department of Transportation (NCDOT) to Add
Roads in Emerald Chase and Willowbrook Subdivisions to the State Highway System
The Commissioners adopted resolutions to add roads in Emerald Chase and Willowbrook
Subdivisions to the N.C. Highway System.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXVI, Page 19.
Authorization for the Health Department to Accept and Budget a New Hanover County
Partnership for Children Grant Awarded from the Cape Fear Memorial Foundation to Hire
Two (2) Maternity Outreach Workers and Approval of Associated Budget Amendment #01-
0070
The Commissioners authorized the Health Department to accept and budget a New Hanover
County Partnership for Children grant in the amount of $50,000 from the Cape Fear Memorial
Foundation to establish a Maternity Outreach Program in New Hanover County. The funds will be
used to hire two (2) Maternity Outreach Workers. The following budget amendment was approved:
Budget Amendment # 01-0070 - Public Health/Maternal Outreach Workers
ADJUSTMENTDEBITCREDIT
Public Health:
Maternal Outreach Workers:
Partnership For Children Grant$50,000
Salaries and Wages$21,466
Social Security Taxes$ 1,642
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 262
(Budget Amendment continued)
DEBIT CREDIT
Medical Insurance Expense$ 4,602
LT Disability Insurance$ 49
Contracted Services$ 933
Telephone Expense$ 120
Cellular Expense$ 320
Printing Charges$ 500
Departmental Supplies$ 4,968
Employee Reimbursements$ 800
Employee Reim./Uniforms$ 500
Training & Travel$ 800
Computer Expenses$ 1,300
Capital Outlay - Equipment$12,000
Explanation:
To budget the New Hanover County Partnership for Children grant in the amount of
$50,000 awarded from the Cape Fear Memorial Foundation to establish a Maternity Outreach
Program.
Acceptance of a Contribution from New Hanover County Schools to Hire a New Half-time
Registered Nurse and Approval of Associated Budget Amendment #01-0071
The Commissioners authorized the Board of Health to accept a $12,400 contribution from
New Hanover County Schools to add a new half-time Registered Nurse to assist with providing
school health services. The following budget amendment was approved:
Budget Amendment # 01-0071-Public Health/School Health
ADJUSTMENTDEBITCREDIT
Public Health/School Health:
Contributions From Schools$12,400
Salaries and Wages$9,658
Social Security Taxes$ 739
Medical Insurance Expense$1,400
LT Disability Insurance$ 22
Employee Reimbursements$ 222
Employee Reim./Uniforms$ 209
Training and Travel$ 150
Explanation:
To budget a contribution from New Hanover County Schools in the amount of
$12,400 for a new half-time Registered Nurse to provide school health care services. The position
will run from November 1, 2000, until June 8, 2001, and has been approved by the Board of Health.
Adoption of Resolution Requesting the N. C. Department of Transportation (NCDOT) to
Redesign the Drainage System Proposed for the U. S. Highway 17 By-Pass
The Commissioners adopted a resolution requesting the NCDOT to redesign the drainage
system proposed for the U. S. Highway 17 By-Pass to avoid any degradation of water quality in Foy
and Futch Creeks. The current design is comprised of an outlet near the Kirkwood Community that
will result in 3,400 feet of 36 inch and 60 inch pipe being installed east of Market Street on the
Skipper property and discharging near the headwaters of Foy Creek. The resolution will be
forwarded to the NCDOT.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 263
Adoption of Resolution to Authorize the Finance Director’s Designated Representative to
Dispose of Surplus Equipment at the County Auction
Pursuant to NCGS 160A-270, the Commissioners adopted a resolution to authorize the
Finance Director’s designated representative to dispose of surplus equipment and vehicles through
County Auction to be held on December 2, 2000.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
Approval of Budget Amendment #2001-13 - Controlled Substance Tax
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Controlled Substance Tax$11,771
Interest 3,700
Capital Expense $15,471
Explanation:
To increase the budget for additional revenue received October 6, 2000 and to budget
interest earned on the project fund balance. Controlled Substance Tax funds are budgeted as received
and must be used for law enforcement activities as deemed necessary by the Sheriff.
Approval of Budget Amendment #01-0061 to Budget Anticipated FEMA Revenue for FY
2000-2001
The Commissioners approved the following budget amendment:
Budget Amendment #01-0061 - Hurricane Floyd
ADJUSTMENTDEBITCREDIT
FEMA Revenue$110,000
Contract Services$110,000
Explanation:
To budget anticipated FEMA revenue for FY 2000-2001. These funds will cover
repairs to lift stations, landfill repairs, etc., to be completed this fiscal year.
Approval of Budget Amendment #01-0066 - Social Services/New Hanover County Hurricane
Floyd Relief
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Social Services:
New Hanover County Hurricane Floyd Relief:
Floyd Recovery Housing Assistance$100,000
M & R - Homeowner Repairs$100,000
Explanation:
To budget additional State funds for SBA Program Loan to be used for Hurricane
Floyd assistance. No additional County funds are required.
Approval of Budget Amendment #01-0067 - Public Health/School Health
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 264
Budget Amendment #01-0067
ADJUSTMENTDEBITCREDIT
Public Health/School Health:
Cape Fear Memorial Foundation Grant$5,000
Departmental supplies$5,000
Explanation:
To budget a $5,000 contribution from the Cape Fear Memorial Foundation to be used
for the School Health Program to purchase combs and educational materials for indigent students
with head lice.
ADOPTION OF RESOLUTION IN RECOGNITION OF THE 12 AND UNDER SUPPER
OPTIMIST CLUB GIRLS ALL-STAR SOFTBALL TEAM
Chairman Caster, on behalf of the Board, read a resolution congratulating the members of the
Supper Optimist Club Girls All-Star Softball Team for finishing as First Runner-Up in the Babe Ruth
World Series on August 19, 2000. He requested a motion to adopt the resolution.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the
resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster congratulated Krista Leeuwenberg, Kim Johnston, Ashley Williams, Jenna
Marcum, Eryn Teague and Lisa White for their individual achievements and awards in the World
Series play. He also recognized the Team Manager and Coaches for the time and effort given to
coach the team.
On behalf of the Board, Chairman Caster presented the resolution to the team and thanked
them for bringing this honor to New Hanover County.
A round of applause was given to the team.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 19.
PRESENTATION BY THE GREATER WILMINGTON TENNIS ASSOCIATION
The Commissioners heard a presentation by Anna Martin, representing the Greater
Wilmington Tennis Association, regarding the need for the Association to be assured that tennis
courts can be scheduled to accommodate the Adult & Senior Leagues, Mixed Doubles League, and
Combo Doubles League. A list was presented showing the number of matches that have to be
scheduled for the leagues in the spring, summer, and fall seasons. During the last season, problems
were experienced with use of tennis courts in Hugh MacRae Park, Ogden Park, Hoggard High
School, and Laney High School. The Board was requested to assure the Association that these
courts could be scheduled for the upcoming season.
Further discussion was held on the time and use of tennis courts. Ms. Martin reported that
five tennis courts in Empie Park are used every night of the week except for Friday and Saturday from
6:30 p.m. until the Park is closed. The Association is requesting use of courts at Hoggard and Laney
High Schools on Saturday and Sunday afternoon, Hugh MacRae Park one night a week, and Ogden
Park 2 to 3 nights a week.
Vice-Chairman Greer informed Ms. Martin that the New Hanover County Parks and
Recreation Advisory Board was the group responsible for scheduling tennis courts and ballfields. The
Advisory Board is in the process of developing a web site to schedule all events so this information
will be readily available to groups in need of playing fields. He requested Ms. Martin to contact the
Parks Director so she could make a presentation to the Parks and Recreation Advisory Board
regarding the need for tennis courts to be scheduled in advance of the spring season.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 265
Ms. Martin advised that she would be glad to appear before the Parks and Recreation
Advisory Board and said that the Greater Wilmington Tennis Association is one of the seventh largest
associations per capita in the South with receipt of many awards.
Chairman Caster expressed appreciation to Ms. Martin for bringing this matter to the attention
of the Board and stated if no relief is received from the Parks and Recreation Advisory Board, she
should contact the Commissioners.
PRESENTATION BY THE WINTER PARK VOLUNTEER FIRE DEPARTMENT
Mr. A. William (Bill) D’Emilio, President of the Winter Park Volunteer Fire Department,
expressed appreciation to the Board for allowing the members of the Winter Park Volunteer Fire
Department to express their concerns for fire protection to the northern part of New Hanover County
comprised of Churchill Estates, Spring View, and Kings Grant Extension. This is the primary
response area of the Winter Park Fire District. The State requires each volunteer fire department to
have a certified Fire District to remain a fire department in North Carolina.
Winter Park Volunteer Fire Department was incorporated in 1951 to provide firefighting
services, medical assistance, fire prevention and assist the public in this area of New Hanover County.
Under Phase II annexation by the City of Wilmington, the southern district of the Winter Park
Volunteer Fire Department was removed but the northern district was not impacted.
During a Fire Commission meeting held at the Federal Point Fire Station on June 28, 2000,
the removal of the northern district was announced. This decision was made after a meeting where
Winter Park made a presentation on what the volunteers felt was unfair treatment by the Fire
Commission to certain departments not having direct representation on the Commission. At least two
of the Fire Commissioners who voted to approve the post Phase II Annexation Plan are now
expressing doubts.
One Fire Commissioner now states that he voted to approve the Phase II plan because he
was told it would save the County over $60,000 per year not to contract with the Winter Park
Volunteer Fire Department. A second Fire Commissioner believed that he was voting to bring the
post Annexation Plan back to the Fire Commission for further discussion and study, not for final
approval by the Board of County Commissioners. Both of these Fire Commissioners are in support
of Winter Park retaining its northern district.
The figures presented by the Fire Administrator were three years old and represented the
district values before two fire tax increases, the revaluation of property in 1999, and new
construction in the last three years. The original payment from the City of Wilmington to the Winter
Park Volunteer Fire Department three years ago was $56,000. The year 2000 payment from the City
to the Fire Department exceeds $123,000 with a fixed 3% increase per year over five years. This
translates into more than $140,000 by the fifth year of the contract. The amount of funds the Winter
Park Volunteer Fire Department will receive from the City for Phase II now exceeds the total amount
that New Hanover County was funding to Winter Park. This means that both Seagate and Winter
Park Volunteer Fire Departments can continue to serve New Hanover County at no cost to the
taxpayers if the primary response district in the northern part of the county remains in the Winter Park
Fire District.
With the manner in which the plan was presented and approved by the Fire Commission, the
plan never should have been presented to the Board of County Commissioners on August 21, 2000.
Winter Park has the support of the majority of volunteer fire departments in the County, including
the two departments that will be sharing the district. All fire departments agree that the northern
district should remain in the Winter Park District and that the Winter Park Volunteer Fire Department
should continue to provide mutual aid, manpower, air, and lighting support to ensure this primary
district maintains the highest level of safety for the residents.
To continue with the post Annexation Plan will result in the closing of the two fire
departments located in the center of New Hanover County. Since the last meeting, both the Winter
Park and Ogden Volunteer Fire Departments have been notified by the City that without a primary
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 266
response district, the City cannot contract with the fire departments. This will close the doors of the
Seagate and Winter Park Volunteer Departments which will result in dividing the County into two
separate fire zones. If the primary district remains in the Winter Park District, the City will honor the
contracts. Due to current annexation laws, the City will be funding both fire departments with more
money than budgeted by New Hanover County. This will allow the departments to continue to
provide services to the county at no cost to the taxpayers.
It appears that the Fire Administrator is rushing to close the two departments and stating that
it is in the best interest of the citizens. The Seagate Volunteer Fire Department was not aware that
Phase II Annexation was removing its primary district, and Winter Park was not prepared or fore-
warned by the Fire Administrator that the primary district would be removed. The northern district
of Winter Park was not affected by the annexation.
A recent letter dated August 7, 2000 from the Fire Administrator reads as follows:
“The County has no interest in terminating primary response areas from the Winter Park
Volunteer Fire Department, and it would prohibit your department from allocating relief funds
to help compensate your pensions.”
These relief funds are available only to fire departments with a primary district. Winter Park
is currently trying to buy back pension time from the State during the open enrollment program which
began October 1, 2000. In a meeting with the Department of Insurance, the Winter Park Fire Chief,
Seagate Fire Chief, City Fire Chief, and the County Fire Administrator were informed that the district
should remain unchanged until January 1, 2001. The fire departments were also assured by the Fire
Administrator that no action would be taken regarding the northern district until the relief fund issues
were resolved and discussion occurred on the plan for the Winter Park Volunteer Fire Department.
Instead of following through with that promise, a letter was received from the Fire Administrator
which reads as follows:
“Effective November 30, 2000, the northen area will be reassigned to the appropriate primary
responders. Corresponding documentation and new maps indicating the changes will be sent
to the offices of the State Fire Marshal for recording purposes.”
The Fire Administrator is forcing the Winter Park Volunteer Fire Department and Seagate
Volunteer Fire Department to close operations. In the meantime, Winter Park has been working with
the State to insure the relief funds have been properly disbursed and the buy-back program has been
completed before the department is closed. If these two items are not completed, a majority of the
members of the Winter Park Volunteer Fire Department could lose valuable pension funds with the
possibility of the relief funds being transferred to the City of Wilmington. A memorandum has been
received from the City Fire Chief stating that he would like the pension funds. This is of no concern
to the Fire Administrator and without any discussion with the members of the department, the
Administrator decided to close the department regardless of the impact on current and retired
members.
After presenting a power point presentation, Mr. D’Emilio informed the Commissioners if the
Winter Park and Seagate Volunteer Fire Departments are closed, this will leave a potentially
dangerous void in the center of the County. In a recent fire on Figure Eight Island, the Castle Hayne
Volunteer Fire Department and Ogden Volunteer Fire Department were dispatched to the fire leaving
only Wrightsboro to cover the entire northern area of the County. If mutual aid could not be
provided by the Winter Park Volunteer Fire Department, the closest fire department would be from
Myrtle Grove, which is 25 miles away. Aid could also be requested from the City, but only one
pumper with 500 gallons would be received. The responding City pumper could be coming from an
area in the City that would actually pass the closed Winter Park Volunteer Fire Department. One
tanker at Winter Park can supply 2,000 gallons of water and the same personnel as the City. This is
equivalent of four City fire trucks. He asked whether, if a fire had occurred in the northern part of
the County, the Fire Commission or Board of County Commissioners would be prepared to explain
to the homeowner why it took so long to receive a response.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 267
On October 31, 2000, a major fire occurred at the Rock Church in the Wrightsboro Fire
District which stretched the County’s resources to the limit. Every fire station, including the
Hampstead Fire Department, had equipment at the fire. Seagate and Winter Park supplied tankers
and the light and air supply truck and participated in an all night water shuttle that moved over
300,000 gallons of water. Another fire occurring in the northern part of the County without the
support of the Winter Park and Seagate Volunteer Fire Department would have had a tremendous
impact on the outcome. During the past calendar year, Winter Park has dispatched over 300 mutual
aid calls, which is more than some departments receive during the entire year. This high volume of
calls is experienced at Winter Park because the fire station is centrally located in the County. If the
Fire Administrator is allowed to continue with the plan, New Hanover County will lose two fire
stations located in the center of New Hanover County, 11 fire and support vehicles, over 60
volunteers, over 8,000 gallons of water, over $2.5 million in paid assets, thousands of training hours,
State certified fire firefighters, EMT’s, paramedics, State certified instructors, HAZMAT specialists,
quick mutual aid response, a centralized training facility, and the availability of UNCW students to
use Winter Park for free residency to keep up their firefighting training and experience while attending
college.
It is believed that the main reason for the Fire Administrator wanting to close the department
is because Winter Park refused to turn over all property and assets to the New Hanover County Fire
Services. Two months ago, the Fire Administrator informed the members of Winter Park that if the
department would turn over these assets to County Fire Services, the fire station could retain its
name, location, keep the northern district, and play an important role in the Murrayville area when
the new station is opened. These assets included the station house, vehicles, equipment and gear.
The assets would be spread throughout the County under the control of the Fire Administrator. The
volunteers would be allowed to join any other fire station in the County. After discussion, the
members of the Winter Park Volunteer Fire Department respectfully declined the offer and since that
time the department has been fighting to keep its doors open. The Seagate Volunteer Fire
Department has been made the same offer. This is a form of being held hostage and one wonders
what other fire departments will be requested to turn over assets to the Fire Administrator.
In closing, Mr. D’Emilio requested the Board of County Commissioners to approve the
following items:
1.Allow the northern district to remain as Winter Park’s primary response area.
2.Assign a primary response area to the Seagate Volunteer Fire Department.
3.Allow both fire departments to remain open and continue services being provided to County
residents in the northern part of the New Hanover County without funding from the fire tax
or general fund.
4.Stop the Fire Administrator from slowly replacing all volunteers with paid personnel under
his full control.
5.Continue to use the Winter Park Volunteer Fire Department as a County mutual aid station.
6.Use the Winter Park Volunteer Fire Department for training and all future specialized
equipment because of its central location.
7.Allow equal representation of all volunteer fire departments on the Fire Commission or
abolish the Fire Commission by re-instating the Inspections Committee comprised of fire
chiefs.
Mr. D’Emilio expressed appreciation to the Board for allowing the volunteers to make their
presentation.
After referencing remarks by Mr. D’Emilio regarding the vote by the Fire Commission,
Commissioner Davis said he would like to hear from the two members who have later expressed
concern about not being aware of the plan that was approved. If this was the case, it is difficult to
understand why the Fire Commission would not reconsider this item.
Mr. D’Emilio responded that another presentation was made before the Executive Board of
the Fire Commission which did not reconsider the action taken.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 268
Chairman Caster commented on the complexity of the situation and the public hearings that
are scheduled on the agenda, and he suggested discussing this issue at another meeting.
Mr. D’Emilio responded he would be glad to meet at a later date, but the Fire Administrator
has already forwarded a letter to the State informing the officials that Seagate Volunteer Fire
Department no longer has a fire district which will close the department once the State notifies the
City. The Winter Park Volunteer Fire Department has 17 days before the department is closed.
Commissioner Davis informed Mr. D’Emilio that if Winter Park became part of the New
Hanover County Fire Services, the department would be assigned a primary response area.
Mr. D’Emilio responded that becoming a part of the Fire Services would require Winter Park
to turn over $2.5 million of assets to the Fire Services under the control of the Fire Commission and
Fire Administrator. In turn, the fire department would be assigned the Highway 421 north area as
the primary response area, which raises the question of why the department is having to respond 20
miles away rather than its original district which is only two miles away.
County Manager O’Neal advised that the Fire Administrator and Fire Commission have
worked diligently to deal with fire issues regarding annexation by the City of Wilmington. As the City
continues to annex, fire districts and fire departments will have to be realigned. Staff is aware of the
volunteers in the fire departments who have provided an excellent quality of fire service to New
Hanover County. The changes occurring are because of annexation, which is not the fault of the
County. The Fire Commission has studied this issue thoroughly, and options have been made
available to the fire departments.
Mr. D’Emilio informed the Board that the northern district was not involved with annexation;
therefore, this issue cannot be blamed on annexation. This was a decision made by the Fire
Administrator.
County Manager O’Neal advised that Fire Administrator Hall has just informed him that the
date for closing the Winter Park Volunteer Fire Department can be extended until further discussion
can be held.
Vice-Chairman Greer noted that Mr. D’Emilio began his presentation by saying “your Fire
Commission” which it not true because this is an agency that represents all fire departments. The
Commissioners do not have time to individually visit each volunteer fire department or attend
meetings. This was the reason for appointing a Fire Commission. He also said that annexation does
play a part in the changes occurring because when people are annexed, the Fire District loses tax
dollars. It is impossible for the County to lose revenue and continue to support all the fire
departments with less Fire District tax dollars. However, the Commissioners are willing to request
the Fire Commission to meet and inform the Board of County Commissioners if a mistake has been
made.
Motion:
After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Birzenieks, to defer this issue until the Fire Commission can review the plan and the discrepancies
mentioned by Mr. D’Emilio. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF PROCLAMATION TO DESIGNATE NOVEMBER 19, 2000 AS
WESTFIELD WORKS WONDERS DAY IN NEW HANOVER COUNTY
Chairman Caster read a proclamation designating November 19, 2000, as Westfield Works
Wonders Day in New Hanover County. He requested the Board to adopt the proclamation as read.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the
proclamation as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Caster presented the proclamation to Ms. Helen Lewis and
Ms. Traci Hockman, representatives of Westfield Shoppingtown Independence Mall, and he wished
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 269
them well with the charity extravaganza to be held on November 19, 2000.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 19.
ADOPTION OF PROCLAMATION TO DESIGNATE NOVEMBER AS ADOPTION
AWARENESS MONTH
On behalf of the Board, Chairman Caster read a proclamation designating November 2000
as Adoption Awareness Month in New Hanover County. He requested the Board to adopt the
proclamation as read.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the
proclamation as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Caster presented the proclamation to Ms. Wanda Neidig,
Assistant Director of Social Services, in recognition of families that adopt children in need of homes.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 19.
APPROVAL OF BIDS FOR JUDICIAL EXPANSION PROJECT
Project Engineer Greg Thompson reported that New Hanover County opened multi-prime
bids for the Judicial Expansion project on October 17, 2000. The lowest multi-prime bid package
received for the project was in the amount of $10,110,036. Additionally, the Architect and County
Staff have recommended that two alternates for street landscape, sidewalk improvements and street
lighting be accepted for an additional $34,000, which will increase the construction budget to
$10,144,036. This value represents an additional 11% increase above the estimated budget of $9.1
million. The required associated parking deck for this project will go out for bids in February 2001.
The current estimate for this structure is $6.6 million. Design and permitting fees in the amount of
$243,467 will increase the total to $1,003,549. Also, there are furniture, fixtures and equipment in
the amount of $455,000.
Approval of this project will commit the County to constructing the parking deck adjacent
to the New Hanover County Headquarters Library. The estimate for the construction of the parking
deck is $6.6 million, excluding design, furniture and fixtures. The third floor Library renovation
project will be bid as an alternate. The estimate for construction of the Library renovation project is
$2,683,867, excluding design, furniture and fixtures.
The Commissioners were requested to take the following action:
1.Award low base bids for the multi-prime package to the following contractors:
General Contract Clancy & Theys Construction Co.$ 6,948,000
Electrical ContractL. L. Vann Electric 1,615,000
Mechanical ContractHumphrey Mechanical 1,107,036
Plumbing ContractKelly Plumbing 440,000
Total Base Bid Combined$10,110,036
2. Approve the following alternates:
Alternate G-2, Streetyard landscape & sidewalk improvements$ 17,500
Alternate E-1, Streetyard lighting 16,500
Total Recommended Alternates$ 34,000
$10,144,036
Total Base Bid and Alternates
3. Approve the following budget amendments:
Budget amendment for design and permitting fees $243,467
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 270
Budget amendment for furniture, fixtures, and equipment$455,000
In closing the presentation, Project Engineer Thompson offered to answer questions.
Commissioner Davis asked if more money would have to be borrowed to pay for the project.
County Manager O’Neal responded that the project will require financing through Certificates
of Participation and stated that approval of the bid awards will commit the County to moving forward
rd
with constructing the parking deck on the Library site at $6 million and the 3 floor renovation of the
Library site at $2.6 million. The parking deck must be located within a certain number of feet from
the Judicial expansion.
General discussion was held on whether the County Manager and City Manager had met to
discuss the possibility of constructing a joint City and County Administration Building. County
Manager O’Neal advised that discussion has begun with City Staff about joint administrative space.
Another meeting will be scheduled once the plans from the two architects can be combined to
determine what approach to use in addressing this issue.
Commissioner Davis asked whether this project would affect the design of the parking deck
if the City and County decide to construct a joint Administration Building, and if so, whether the
County should wait until this decision has been made before moving forward with the parking deck.
Deputy County Manager Atkinson explained that Staff was not requesting the Board to award
a contract for the Parking Deck. This request will be made in January or February which should
allow time for the City Manager and County Manager to have more information on the feasibility of
constructing shared space and parking.
Vice-Chairman Greer expressed concern for being committed to construct the parking deck
on the Library site until other issues have been discussed. He suggested demolishing the Annex
Building, leasing space for those employees, constructing a parking deck on the Annex site, and
maintaining existing parking spaces at the Library.
County Manager O’Neal responded that the footprint of the Annex site would not
accommodate a large parking deck. The County would be required to enter into a permanent lease
arrangement with BellSouth or purchase the parking area used by Bell South as well as demolish the
Human Relations Building in order to construct a parking deck. The County has approached
BellSouth several times about purchasing this site with no success.
Motion:
After commenting on the amount of discussion held on this project for months and the need
to move forward with the expansion, Commissioner Birzenieks MOVED, SECONDED by Chairman
Caster, to approve ABC&D as outlined in the agenda packet, which is to award the multi-prime
contracts in the amount of $10,144,036, authorize Staff to negotiate with the low bid multi-prime
contractors to gain construction contingency, approve the associated budget amendment in the
rd
amount of $4,348,210, commit to constructing the parking deck on the Library site, renovate the 3
floor of the Library, and authorize the Chairman to execute the necessary contract documents.
Commissioner Davis asked if the parking deck condition could be removed from the motion
on the Library site.
County Manager O’Neal again stated that all options have been explored; however, the Board
can consider removing the parking deck as outlined under Item D and direct Staff to continue looking
for other alternatives to meet the parking requirements of the City.
Deputy County Manager Atkinson reminded the Board that the parking deck was almost fully
designed and ready for bids with a significant amount of money spent for engineering design. Every
site in proximity to the expanded Judicial Building has been explored by Staff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 271
Commissioner Davis asked Vice-Chairman Greer if he would vote to approve the motion if
the commitment to the parking deck is removed from the motion.
Vice-Chairman Greer advised that he would vote in favor of the motion with removal of the
parking deck commitment and stated the County is spending in excess of $10,000 per space for
parking spaces. It appears that 105 existing parking spaces at the Library will be removed which
means that over $1 million will be wasted to place more parking spaces on the same site. He again
suggested retaining the existing 105 parking spaces on the Library site and spending the $1 million
to purchase another site or find additional parking.
Vice-Chairman Greer asked Commissioner Birzenieks if he would amend the motion to
remove D from the action taken.
Commissioner Birzenieks stressed the importance of everyone understanding that countless
hours of work and discussion have been held on the project and parking needs; therefore, he would
defer action until December 4, 2000.
Chairman Caster called for a vote on the original motion as presented by Commissioner
Birzenieks. The motion carried by a 3 to 2 vote as follows:
Voting Aye:Chairman Caster
Commissioner Birzenieks
Commissioner Howell
Voting Nay:Vice-Chairman Greer
Commissioner Davis
Copies of the contracts are on file in the Legal Department.
BUDGET AMENDMENT #2001-16 - Judicial Building Capital Project
ADJUSTMENTDEBITCREDIT
COPS Financing$4,348,210
Capital Project Expense$4,348,210
Explanation:
To increase budget to amount of estimates to complete construction
ELECTION OF BOARD OF DIRECTORS FOR THE NEW HANOVER COUNTY
FINANCING CORPORATION
County Attorney Copley requested the Board to elect three (3) Directors to the Board of the
New Hanover County Financing Corporation. The three (3) directors will elect officers (President,
Secretary, Treasurer) at the annual meeting scheduled for November 27, 2000 at 8:30 a.m. in Room
301 of the New Hanover County Administration Building. The current directors are: Allen O’Neal,
Bruce Shell and Buzz Birzenieks. In 1997, the New Hanover County Financing Corporation was
formed under the North Carolina Non-Profit Corporation Act, to assist the County in the financing
of the purchase of essential real property, the construction of essential improvements and the
purchase of essential personal property.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to appoint
Vice-Chairman Greer, County Manager O’Neal and Finance Director Bruce Shell to serve as
members of the New Hanover County Financing Corporation. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF MIDDLE SOUND ACCESS GRANT CONTRACT AND RELATED
BUDGET AMENDMENT #2001-15
Planning Director Hayes reported that New Hanover County has recently been notified of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 272
a grant award of $100,000 for the acquisition of much needed neighborhood access on the northern
side of Howe Creek at 2639 Middle Sound Loop Road. The site will provide a pedestrian access,
canoe/kayak landing and limited parking. No boat ramp is proposed. A portion of the site already
provides water access for several adjacent property owners. Because the site will also provide for
water quality protection/enhancement through the preservation of the wetland areas, the Tidal Creek
Watershed Management Advisory Board and the Clean Water Trust Fund have also agreed to the
County’s use of $100,000 of those funds. The County’s required cash match will be $75,000. Final
cost for the property will be based upon a competent appraisal. Adjoining property owners have been
notified.
Funding Sources are as follows:
Division of Coastal Management Waterfront Access Program$100,000
Clean Water Trust Fund Grant$100,000
County Cash Match from Fund Balance$ 75,000
In closing, Planning Director Hayes requested the Board to adopt a resolution accepting the
grant.
Motion:
Vice-Chairman Greer stated if no opposition is present, he would MOVE to accept the
grant.
Chairman Caster asked if any one from the public would like to comment.
Ms. Annie Britt, a resident of 6732 Barren Inlet Road, advised that she was the owner of the
road going to the waterway with a deeded right. She expressed concern for this becoming public
property and problems that will be experienced with trash, noise and other nuisances.
Vice-Chairman Greer objected to this item being discussed for the third time when he had
asked the Planning Staff if there was any opposition to the access grant. Each time, he had been
informed by Staff that no opposition had been expressed. He requested an explanation as to why the
Board was not informed about the opposition.
Planning Director Hayes explained that the Board was requested to authorize the Planning
Staff to submit the grant application at the last meeting and no time was allowed to receive public
input. The is the first meeting where public input has been requested.
Ms. Britt informed the Board that she did not know about the grant until Friday, and she
called a meeting of the homeowners association on Sunday to discuss the matter. The association
feels there are some favorable aspects of the access project; however, the residents do not want the
road open to the public. Another question discussed was why the County is willing to pay $270,000
for a piece of property with a creek running through the middle of site. This land cannot be
developed, and when a resident was interested in purchasing the property a few years ago, the land
was appraised at $69,000, which that person felt was too expensive.
Commissioner Howell asked why the County was paying $270,000 for the site when it was
appraised at only $69,000 a few years ago.
Planning Director Hayes explained that the current tax value of the property is $299,000.
After hearing that Ms. Britt did not want the private road to be open to the public, Vice-
Chairman Greer WITHDREW HIS MOTION.
Discussion was held on the exact location of the site. Planning Director Hayes presented a
map showing the location of Ms. Britt’s home and the access road to the site. He noted that Staff
was constantly looking for public water access. This is one of the few access points in Middle Sound
where the public can walk to the water. No boat ramps or improvements are being planned. This
property will provide access to people in the area who do not live on the water.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 273
Discussion was held on whether there was a deadline for accepting the grant. Planning
Director Hayes responded that acceptance of the grant could be delayed for two weeks. If New
Hanover County does not accept the grant, the $200,000 will be used in other jurisdictions for public
water access.
Chairman Caster commented on the need for water access and reminded the Board that
consideration should be given to this fact when rendering a decision.
Motion:
After discussion of need to receive further input from the residents of Middle Sound, Vice-
Chairman Greer MOVED, SECONDED by Commissioner Howell, to hold a Public Hearing on
November 27, 2000, before rendering a decision. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPEAL OF EXEMPTION DENIAL FOR UNITARIAN UNIVERSALIST FELLOWSHIP
OF WILMINGTON, 4306 SPIREA DRIVE, MAP #R06101-006-008-000
Tax Administrator Robert Glasgow reported that the Unitarian Universalist Fellowship of
Wilmington requested an exemption under NCGS 105-278.3 “Real and Personal property used for
Religious Purposes”. The request for exemption was denied by the Tax Department on January 11,
2000. The denial was based on Item #3 of the application, which states “for the construction of
buildings and parking areas for the conducting of religious services and education.” This statute
requires the property to be “wholly and exclusively used for religious purposes” as of January 1 of
the tax year being applied for. The intended or anticipated use does not qualify for exemption. Soon
after the exemption disapproval was provided to the fellowship, it was identified that the person living
in the house was paying $250 a month for rent and providing janitorial services to the fellowship. GS
105-278.3 does make provisions for the exemption of property which is provided for janitorial or
custodial services as long as it is occupied gratuitously.
The appellant contends that the property should be exempt from taxation due to future
development of the property as stated in Item 3 of the application and in later correspondence. It was
identified that the fellowship received $250 a month in reduced rent from an individual who
performed part time janitorial services for the fellowship which should qualify the property for a
religious tax exemption.
Tax Administrator Robert Glasgow said there are no provisions within the North Carolina
General Statutes to provide for tax exemption for future or intended use. For real and personal
property to qualify for a tax exemption, it must be in use on January 1 of the tax year and used wholly
and exclusively for religious purposes. The housing of a janitor or custodian that provides these
services where property is located in proximity to an exempt facility is allowed as long as it is
“occupied gratuitously by one other than the owner and wholly and exclusively used by the occupant
for religious, charitable, non-profit, educational, literary, scientific or cultural purposes. The North
Carolina Department of Revenue was questioned about this specific situation, and the response from
Mr. David Baker, Valuation Specialist, was that “providing custodial or janitorial housing must be
gratuitous to qualify for exemption. The fact that the fellowship is charging $250 per month rent
disqualifies them from the exemption.”
Commissioner Birzenieks asked why the case should be heard if the request does not comply
to North Carolina General Statutes.
Tax Administrator Glasgow responded that the appellant does have the right to present an
appeal before the Board of County Commissioners. The Board could collectively be liable if the
proper procedure is not followed through the appeal process.
Mr. Charles David Morrison, a representative of the Pender County Bar, introduced Ms.
Joyce Fricke, President of the Unitarian Universalist Fellowship of Wilmington located at 4306 Spirea
Drive (Map #RO6101-006-008-999. Mr. Morrison informed the Board that the Fellowship does not
agree with the recommendation of the Tax Administrator. He presented a conceptual drawing of the
proposed addition to the Unitarian Universalist Fellowship of Wilmington and reported that this
church had been existence since 1981 and was a corporation organized under State Law that is
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 274
affiliated with the Unitarian Universalist Association in Boston, Massachusetts. The Fellowship owns
three lots that go from Lake Avenue to Spirea Drive. The lot in question will be utilized to construct
an expansion of the Church which is exclusively for religious purposes and complies to the State Law
for a tax exemption. With respect to the structure, the Tax Administrator visited the site in January
2000 and walked up to someone on the site and asked if that person lived in the structure. The
response was yes and Mr. Glasgow was told that the structure was rented.
Mr. Morrison noted that the person who spoke to the Tax Administrator was a member of
the Fellowship who decided to repair the old dilapidated structure. He then requested the Church
to let him live in the house and continue to make repairs. The Fellowship considered this request and
decided to allow that person to stay in the house at a rental rate of $250 per month. This person
performs custodial work and other jobs in preparing for the Sunday morning church services. The
structure will be vacated on December 1, 2000.
Mr. Morrison stated that the reason for denial was because the Tax Administrator feels the
property was being used as a residence. Under NCGS 105-278.3 the law reads as follows:
Provided, however, that where part of property which otherwise qualifies for the exemption
provided herein is made available as a residence for an individual who provides guardian,
janitorial and custodial services for such property, or who oversees and supervises qualifying
activities upon and in connection with the property, the entire property shall be considered
as wholly and exclusively used for a religious purpose.
Mr. Morrison cited case law regarding the Mt. Shepherd Methodist Camp appeal where the
County argued that since the Methodist Camp charged some campers a fee and sold timber off
portions of the property, it was not wholly and exclusively used for religious purposes. The Court
disagreed and said the primary purpose of the camp was to serve the religious and spiritual needs of
the Mt. Shepherd Church. The fact that others were permitted to use the camp with being charged
a fee was not a determining factor.
In closing, Mr. Morrison pointed out that the house on the property is an ancillary structure
that is being utilized at this time for spill over religious activities on Sunday mornings, which is for
religious purposes. He requested the Board of Equalization and Review to grant the exemption as
outlined in the General Statutes.
Vice-Chairman Greer asked Tax Administrator Glasgow if the Commissioners were sitting
as the Board of Equalization and Review. Tax Administrator Glasgow explained that the Board of
Equalization and Review adjourned in June 2000; therefore, the Board of Commissioners is
determining if the use is tax exempt.
Vice-Chairman Greer referenced the $250 per month, which means the structure is not
exempt.
Mr. Morrison responded that the decision rendered by the court in the Mt. Shepherd Church
appeal indicates that the sole issue is not a financial matter.
Chairman Caster stated that he felt the property was not being used wholly and exclusively
for religious purposes as of January 1, 2000, and he asked Mr. Morrison how the property was used
at that time.
Mr. Morrison responded that the Church owned the property and was in the process of raising
funds to construct an expansion. The intent of the law is what the organization intends to do with
the structure, not whether the building is already built.
Tax Administrator Glasgow stated for clarification of the record, he did not talk to anyone
about the use of the property. A letter was received from Mr. Morrison on February 7, 2000, where
he identified that someone was living in the house at a charge of $250 per month. There is a General
Statute that requires the property to be wholly and exclusively used for religious purpose. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 275
property must be in use as of January 1. The intended use does not qualify for an exemption. The
County has denied several church exemptions for vacant pieces of properties that were not being used
for religious purposes as of January 1. Pine Valley Baptist Church, Harbor United Methodist, and
Pine Valley Church of God were denied exemptions based upon the same criteria.
Mr. Morrison disagreed and stated the use does not depend on the structure but on the intent
of the parties involved.
Motion:
After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Birzenieks to uphold the recommendation of the Tax Administrator and deny the exemption
requested by the Unitarian Universalist Fellowship of Wilmington. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
APPEAL OF EXEMPTION DENIAL FOR 1996 BMW, ST. NICHOLAS GREEK
ORTHODOX CHURCH
Tax Administrator Robert Glasgow reported that the Tax Department disapproved the March
21, 2000 request for tax exemption for a vehicle registered to St. Nicholas Greek Orthodox Church.
The church has appealed that denial. On April 18, after receipt of the VA-10 (application for
exemption) the Tax Administrator went to the church and spoke with Reverend R. J. Alexoudis to
validate that the vehicle would be used for religious purposes and not for personal use. Reverend
Alexoudis indicated that he had another vehicle, a 1990 Lincoln Town Car, that he used for personal
business. Verification of a second vehicle in the name of Alexoudis could not be made.
On May 10, a telephone call was made to Reverend Alexoudis to inquire about the vehicle
he had indicated that he used for personal business. He said the vehicle was registered to the
Pittsburgh Diocese. At that time, the Tax Administrator informed Reverend Alexoudis that the
exemption would not be approved based on this information. Approximately 10 minutes later,
Reverend Alexoudis called the Tax Department to clarify what he had previously said, stating that
the 1990 Lincoln town car was in his name as the registered owner and not the Pittsburgh Diocese.
When asked how long this vehicle had been in North Carolina, Reverend Alexoudis replied since
November 1999.
The 1990 Lincoln Town Car was not licensed in North Carolina until June 16, 2000, nearly
three months after the initial conversation and eight months after the vehicle was reported to have
arrived in North Carolina. Under North Carolina Statutes, there is a provision for a reciprocity
agreement with other states for the registration of vehicles in the new state when the registration
expires in the former state. The fact that Reverend Alexoudis was in possession of the 1990 Lincoln
Town Car and it was to be used in North Carolina by him meant that the vehicle ownership should
have been immediately transferred.
It is recommended that the Commissioners uphold the denied exemption for the tax year 2000.
It is further recommended that an application for exemption be filed by St. Nicholas Greek Orthodox
Church for the tax year 2001. That application for exemption will be approved if there continues to
be a privately owned vehicle available for non-religious activities. The denial of the tax exemption
for tax year 2000 is based on misleading statements, and the vehicle owned by the Pittsburgh Diocese
being identified as a personally owned vehicle used for non-religious purposes and which was not
licensed in the State of North Carolina until June 2000.
Chairman Caster asked if the appellant would like to comment.
Reverend R. J. Alexoudis, Pastor of Saint Nicholas Greek Orthodox Church, expressed
concern for his action depriving the Church of having a tax exempt vehicle. He advised that a copy
of North Carolina General Statutes governing the exemption of vehicles was forwarded to him by the
Tax Administrator. After reviewing the statutes, he did not find any place where a personal vehicle
must be registered in the State of North Carolina. He advised that he did not see the correlation of
the personal vehicle having to be registered in North Carolina and he expressed concern for the
scrutiny of this tax exemption because the vehicle is a BMW not a van. He stated the Church should
not be penalized by denying the tax exempt status for a church owned vehicle for church business.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 276
Commissioner Davis requested an explanation of how the two vehicles were being used.
Reverend Alexoudis responded that when discussing this issue with Mr. Glasgow, he was
confused about which vehicle was in the name of the Pittsburgh Diocese. After checking, he called
Mr. Glasgow and informed him that the 1990 Lincoln Town Car was registered in his name, not the
Diocese, and this vehicles was for personal use.
Vice-Chairman Greer asked Tax Administrator Glasgow if he was requesting the Board to
decide if the BMW was being used for church purposes, or if the BMW was being used by Reverend
Alexoudis for religious and personal use. Obviously, there is another car that was not listed until June
2000. If Reverend Alexoudis did not have another car registered in North Carolina, then he was
probably using the BMW for church and personal use.
Tax Administrator Glasgow advised that Reverend Alexoudis did have another car, which was
the 1990 Lincoln Town Car that was registered in the name of the Pittsburgh Diocese. Reverend
Alexoudis never mailed any information to show that the 1990 Lincoln Town Car was registered in
his name instead of the Diocese.
Commissioner Davis asked Reverend Alexoudis if he had proof that the 1990 Lincoln Town
Car was in his name.
Reverend Alexoudis responded that the 1990 Lincoln Town Car was registered in his name
prior to moving to North Carolina.
Commissioner Davis asked whether it would that make a difference in the recommendation
by the Tax Office if the 1990 Lincoln Town Car was registered in the name of Reverend Alexoudis
prior to moving to North Carolina.
Tax Administrator Glasgow pointed out that in his letter of October 26, 2000 to Reverend
Alexoudis, he informed him that the burden of proof is on the taxpayer to provide evidence that the
1990 Lincoln Town Car used for personal business was registered and licensed in the State of North
Carolina on January 1, 2000. No information was received to show that the vehicle was not
registered to the Pittsburgh Diocese.
Reverend Alexoudis informed the Commissioners that the 1996 BMW purchased in
November 1999 has been used exclusively for church use, and the 1990 Lincoln Town Car was for
his personal use.
Chairman Caster called for a motion.
Motion:
After discussion, Chairman Caster MOVED, SECONDED by Commissioner Birzenieks,
to exempt the vehicle from being taxed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF APPEAL OF 1999 VEHICLE VALUE, 1998 FORD RANGER,
CHRISTOPHER TAYLOR
Tax Administrator Robert Glasgow reported that the Tax Department assessed Mr. Taylor’s
1998 Ford Ranger with a taxable value of $14,070 for tax year 1998. Mr. Taylor appealed the tax
value providing proof of purchase to be $11,536.79, which included $393.79 for the license fee,
license transfer fee, title, registration fees, and local and state sales taxes. The Tax Department made
a one time reduction in the tax value of the truck to $11,143, which is the purchase price paid by Mr.
Taylor. For 1999, the value of the truck was determined to be $12,010 based on data provided by
Tax Equity Consultants (TEC), which is the valuation service used by most County Tax Departments
in North Carolina and the North Carolina Department of Motor Vehicles for valuing vehicles. Mr.
Taylor believes that the value of the truck should be depreciated from the original purchase price, thus
having a tax value of $7,780 for 2000.
Chairman Caster requested an explanation of the administrative decision to provide a one-time
adjustment to appraise vehicles in this manner.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 277
Tax Administrator Glasgow explained that an administrative decision was made several years
ago to allow a one-time adjustment in the year of purchase only, based on the purchase price of the
vehicle. The value assessed for the following year comes from the TEC motor vehicle pricing guide.
Mr. Taylor was advised of this decision when the assessed value was reduced. It is not uncommon
for a one-time reduction to be made the first year for a new vehicle. Companies which provide tax
tables to taxing jurisdictions must accumulate sales data over a period of time in order to provide
accurate market value as the criteria for tax values. On the sales contract, the item identified as the
cash price for the vehicle and accessories was $11,143. Under NCGS 105-3987.3, the rate of tax is
identified as 3% on the cash price of the vehicle, which was $334.39.
Vice-Chairman Caster asked if this method of value was used by other counties throughout
the State.
Tax Administrator Glasgow responded that a majority of counties use this method of
assessment as does the N. C. Department of Revenue.
In closing, Tax Administrator Glasgow advised that the Tax Department recommends
assessing the taxable value of the1998 Ford Ranger truck at $11,143 for 1998 and $12,010 for 1999.
Chairman Caster requested the petitioner, Mr. Christopher Taylor, to present the appeal.
Mr. Taylor, the appellant, advised that the true value of the 1998 Ford Ranger truck is
$11,143; however, a rebate given at the time of purchase reduced that price to $10,143, which is
irrelevant to the appeal. Copies of five advertisements were provided in the agenda packet to show
that other companies were offering the same price for the same vehicle. Prior to purchase of the
vehicle, the competing dealer, Cape Fear Ford, was still offering the same vehicle at the same price
two years later. The suggestion that a dealer might sell a vehicle for substantially less than the true
value is a joke. The Tax Administrator assessed the value of the truck at $14,070 on January 1, 1999,
which is 139% of the true purchase value four months later. Vehicles rapidly depreciate and a
reasonable depreciation would be approximately 13% less than the actual purchase price for a true
value of $8,794. On January 1, 2000, the Tax Administrator was still assessing the value of the truck
at $12,010, which is 154% over the reasonable true value of $7,780 after depreciation.
Mr. Taylor said that as owner of seven other vehicles, three of which were purchased new in
New Hanover County, the valuations have been consistent with common sense expectations. For
example, a Chevrolet Impala purchased on October 22, 1999 was valued on January 1, 2000 at
$17,160 which was 74% of the $23,813 purchase price. This is a reasonable and consistent valuation.
The Tax Administrator has referenced difficulty in placing a value on a new vehicle, but in reality, it
is much easier to value a new vehicle than a used vehicle.
In closing, Mr. Taylor expressed concern for the value of the 1998 Ford Ranger truck and
requested the Board to reduce the value to $8,794 for January 1, 1999, and $7,780 for January 1,
2000 with reasonable depreciation adjustments of 15% being applied to future assessments.
Chairman Caster asked Tax Administrator Glasgow if the valuation for the Impala was from
the same book that was used for valuing the truck.
Ms. Kristine Chandler, Tax Listing Supervisor, responded that the TEC book is used for all
valuations of vehicles. If there is a question about an error of assessment, the NETA book is
checked.
Commissioner Howell requested an explanation of why the 1998 Ford Ranger truck is now
worth $2,000 more than a new ranger.
Tax Administrator Glasgow responded that the value is listed in the TEC book. He stressed
the importance of everyone understanding that the Tax Department cannot make individual appraisals
on every vehicle registered in New Hanover County; therefore, the department depends on market
value.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 278
Ms. Chandler explained that TEC values are based on the average amount; therefore, 50%
of the sales will be higher than the $12,000 and 50% of sales will be lower. In this case, Mr. Taylor
received a lower sale price.
Commissioner Howell stated that since Mr. Taylor has appealed the case, it appears to be
obvious that the value is not correct.
Commissioner Birzenieks asked whether this action would be setting a precedent and result
in numerous appeals if the Board approves the value submitted by Mr. Taylor.
Tax Administrator Glasgow stressed the importance of the Tax Department uniformly
applying tax values for vehicles. If the department varies from the TEC valuation process and begins
to apply values on an individual basis, the County Commissioners will have a significant number of
tax appeal hearings.
Mr. Taylor requested Tax Administrator Glasgow to explain why this value should not be
adjusted.
Tax Administrator Glasgow explained that pursuant to NCGS 105.386, the 3% charged by
the State in sales tax is based on the sales price of the vehicle listed in the contract. In this case, the
sales price of the vehicle was identified to be $11,143. The rebate was added into the sales price.
Mr. Taylor said that he did not get a great deal because these new vehicles were being sold
for the same price by a number of car dealers. The truck is at the bottom end of the range because
it has a manual transmission and does not have an audio system, leather seats, or four-wheel drive.
He requested the Board to consider the new purchase price with the same percentage of depreciation
in determining the value of the 1998 Ford Ranger truck. The Impala depreciated by 25% in three
months after purchase, but the value of the Ford Ranger truck has increased.
Chairman Caster call for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to establish the
value of the 1998 Ford Ranger truck at $11,143 and use the same value for the next year.
Commissioner Howell expressed concern for the truck being assessed for more than it was
when it was new.
Ms. Chandler stressed the importance of applying the law in a uniform manner and stated if
an error can be found in the assessment, the value of the vehicle can be reduced. In this case, there
is no error. The original value was not $11,143 because this was an administrative decision that
allowed for a one-time adjustment. The original value was $12,010. The only other options for
reducing the value are based on mileage and wear and tear. If the Tax Department is directed to
reduce the value, the County would be saying there is an error in the assessment when the data
collected shows there is no error in the assessment. It would not be consistent with State Law to
reduce the value. If this value is reduced, all other vehicles will have to be revalued.
County Manager O’Neal stressed the importance of uniformity and stated if values are not
based on a State standards, hundreds of taxpayers would be questioning values. If the County
decides to appraise each vehicle individually, this action will require hiring 30 to 40 more employees.
Mr. Taylor advised that he could understand a uniform application, but standards used should
be scientifically developed through the data process. The numbers presented are incorrect.
Substitute Motion:
After discussion of the other vehicles owned by Mr. Taylor being correctly
valued under the TEC process, Chairman Caster MOVED, SECONDED by Commissioner Davis,
to uphold the recommendation of the Tax Department to allow the $11,143 to remain unchanged for
1998 and assess the truck for $12,010 for 1999.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 279
WITHDREW the original motion.
Vice-Chairman Greer
SUBSTITUTE MOTION
Chairman Caster called for a vote on the to uphold the
recommendation of the Tax Department. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REVIEW OF MASON INLET RELOCATION PROJECT AND APPROVAL OF
ASSOCIATED BUDGET AMENDMENT #01-0072
Assistant County Manager Dave Weaver presented the following schedule that must be
followed for the Mason Inlet Relocation project to occur in the winter dredging season:
OngoingBid specifications being prepared by ATM
11/15/00Project advertised by County for bids
12/07/00Bids opened by the County
12/11/00Contract awarded by County Commissioners
12/29/00Re-write of Environmental Assessment by Corps of Engineers
01/10/01Permit awarded by Corps of Engineers
01/15/01Mobilization begins by dredging company
01/30/01Project begins by dredging company
04/30/01Project completed
This is a tight schedule and the following major obstacles to the permitting process could
occur:
1. Although the Corps has deemed the County’s Environmental Assessment to be complete, the
Corps has decided that its staff must re-write the Environmental Assessment into a more
useable decision document. This process is planned to be completed by December 29, 2000.
2. The U. S. Fish and Wildlife Service (USFWS) must perform the following tasks:
-Write a biological opinion, which is anticipated to be completed by mid-December. Staff is
trying to speed up this process.
-Issue an incidental takings statement, which basically describes the amount of endangered
and threatened species that may be impacted. Although turtles and seabeach aramanthus may
be impacted, the greatest concern to the project is the possible presence of Piping Plover -
Great Lakes population. The USFWS would prefer for the County to monitor the site for at
least one year and then perform the project in 2001-2002. After discussion with consultants,
Staff believes the best opportunity would be to move forward this year, if possible.
-The State must issue several permits, including the 401 water quality certification. These
permits are not anticipated to be obstacles at this time.
The following problems could arise to delay the project until 2001-2002:
-The permit condition negotiations between the County and the Corps of Engineers at the first
of the year could be difficult and time consuming.
-The USFWS could appeal the issuance of the Corps permit. The appeal could take up to 90
days.
-The contract between the County and the dredging contractor must be worded such that it
only takes effect if a permit is successfully gained by the County before June 15. A
conditional contract of this nature will result in higher bids than if the project is delayed until
next year.
In closing, Assistant County Manager Weaver requested the Board to approve the following
actions:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 280
1.Direct staff to continue to take the necessary steps to obtain the permits and to construct the
project this year, as outlined.
2.Approve Budget Amendment #01-00172 in the amount of $200,000 in order to establish the
funds to continue to pay ATM for preparation of specifications and continuing engineering
work. The project is estimated to cost approximately $4,000,000 to $6,000,000 to construct.
Although funds will be provided up-front by the beach renourishment portion of the Room
Occupancy Tax Fund, these funds will be reimbursed through an already established
assessment process.
Chairman Caster called for a motion.
Commissioner Davis asked if $200,000 will be invested without approval of the permits.
Assistant County Manager Weaver responded that he felt the permits would be received;
however, there could be some issues involved from the Corps and an appeal from the Fish and
Wildlife Service. This could take more time.
Chairman Caster commented on meeting twice with Colonel Delony from the Corps of
Engineers and reported that Colonel Delony feels optimistic that the permit can be granted during the
first week of 2001. If this occurs, the inlet can be moved by April 2001. If for some reason, the
permit is not granted by the Corps until later in the year, the project could be delayed to October
2001. If the permit is not received, the bid will not be awarded.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to authorize Staff
to take the necessary steps to obtain permits to construct the project and approve a budget
amendment in the amount of $200,000 to continue to pay Applied Technology and Management for
preparation of bid specifications and engineering work. Upon vote, the MOTION CARRIED by a
4 to 1 vote as follows:
Voting Aye:Chairman Caster
Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Howell
Voting Nay:Commissioner Davis
ACCEPTANCE OF COMMUNITY ORIENTED POLICING SERVICES GRANT AWARD
AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #01-0063
Sheriff Joseph Lanier announced that the Sheriff’s Department received a Community
Oriented Policing Services grant in the amount of $1,170,554 to fund the salary and fringes for
eleven (11) School Resource Officers for three years. The County must appropriate $150,000 to fund
operating and start-up costs for the initial year of the grant. After the initial year, there will be a
$10,000 annual cost to New Hanover County.
In closing, Sheriff Lanier reported that the eleven new School Resource Officers will greatly
assist the Sheriff’s Department in providing safer schools for all students. He requested the Board
to accept the grant award.
Chairman Caster called for a motion to accept the grant award.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to accept the
grant in the amount of $1,170,554, authorize the Sheriff and County Manager to execute the
necessary documents, and approve the associated budget amendment. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Budget Amendment #01-0063
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 281
ADJUSTMENTDEBITCREDIT
COPS Grant $1,170,554
Salaries$955,636
FICA 63,184
Medical Insurance 149,853
Disability 1,188
Supplies 47,191
Fuel and Supplies 10,200
Capital Outlay 29,609
Motor Vehicles 58,000
Travel and Training 5,000
Explanation:
To budget COPS grant awarded to Sheriff’s Department to fund eleven School
Resource Officers. The grant will only fund salary and fringes; therefore, the County must
appropriate $150,000 to fund the operating budget for these officers. This grant and budget is for
a 3-year period. Unspent funds will be rolled over from year to year until the grant is complete.
PUBLIC HEARING TO CONSIDER A REQUEST BY SHERWIN CRIBB, PLS FOR B&M
PROPERTIES TO REZONE 7.31 ACRES ON THE SOUTHEAST SIDE OF MARKET
STREET NORTH OF PORTER’S NECK ROAD TO CD(B2)HIGHWAY BUSINESS FROM
R-15 RESIDENTIAL AND B-1 NEIGHBORHOOD BUSINESS (Z-716, 10/00)
Chairman Caster opened the Public Hearing and reported that a conditional use requires a
quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Sherwin Cribb
Tom Mellin
Charles Desjarlnis
Sandee Spradley
Catherine Brown
Kenneth Morgan
Art Schuette
Richard Pace
Edmond Rutherford
Randall W. Cothren
Alison Moore
John E. Bradshaw
Wendy Larimer
Preston Hunt
Planning Director Dexter Hayes reported that, at the Planning Board meeting held on October
5, 2000, the petitioner presented the conditional use site plan. Two adjacent owners spoke in
opposition. The primary concerns were drainage, lighting, and noise. Concerns were also expressed
about the limited access to the site and the proposed clubhouse outlined in the plan. After significant
discussion with the petitioner and the neighbors, the Planning Board voted 3-3 on a motion to deny
the request.
One parcel in this request is currently zoned B-1 Neighborhood Business to a depth of 200
feet. The applicant seeks to extend the depth of the commercial zoning district to a depth of 1,100
feet. The extension of this commercial district would represent a considerable encroachment into
several established residential neighborhoods. Single family homes to the south fronting on Porter’s
Neck Road and residential uses to the east in Tibby’s Branch would be severely impacted by
commercial development on these tracts.
The Comprehensive Land Use Plan encourages the development of commercial nodes at
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 282
major intersections to locate community level services and trade needs at key intersections or on
major thoroughfares with appropriate design requirements. Although the location of this proposed
boat/auto storage facility is currently near the growing Porter’s Neck Road/Market Street
intersection, the access to this site is ultimately going to be from a cul-de-sac at the end of a service
road which is part of the US Highway 17 Bypass. The construction of the bypass is going to have
a profound effect on the property in this area. Since the main traffic flow will shift to the west and
the properties along the east side of Market Street can only be accessed by a service road, it appears
that the east side of Market Street will become a more desirable location for continued development
of residential projects.
The proposed conditional use rezoning is not consistent with the Comprehensive Land Use
Plan. It would cause intense land use conflicts, it is not consistent with the pattern of development
in the area, and based on the plans for the bypass, it does not have good access. Also, several
significant trees are located on the property, and the site plan does not effectively preserve any trees
on site. For all these reasons, Staff recommended denial of the rezoning request.
Chairman Caster asked if the petitioner would like to comment.
Mr. Tom Mellin, the petitioner, informed the Board that a great deal of time and money had
been spent on developing a plan for the boating facility. When the Board of County Commissioners
heard the request in July 1999, a recommendation was made to withdraw the request for B-2 zoning
and pursue a Conditional Use rezoning under a Special Use Permit. The property was purchased
at the time because the owners were elderly and wanted the property to be sold as soon as possible.
During the past year, the proposed plan has been developed and a great deal of work has been held
with the U. S. Army Corps of Engineers regarding protection of wetlands in the back of the property.
Mr. Mellin introduced Mr. Sherwin Cribb and advised that he would discuss the details of the
proposed plan.
Mr. Sherwin Cribb reported that the project would be a boat and vehicle storage facility with
no shops or maintenance facilities that would create noise. The boats will be parked in the facility
on trailers with no parking spaces on the site for storage of trailers or vehicles except within the
buildings. There will be one administration building on the property with offices for personnel and
bathroom facilities. The building setbacks are 42 feet pursuant to code requirements, and most of
the trees will be saved to serve as buffers. Seven existing residences will be adjacent to the property
on the east end of Tibby’s Branch. This is a wetland area where a retention pond will be constructed.
Mr. Cribb advised that in an effort to accommodate surrounding residents, the plan submitted
to the Planning Board has been revised as follows:
1. The wash down area has been relocated to keep from disturbing an adjacent neighbor and a
privacy fence will be constructed around this area.
2. To address the concerns about drainage, the new County Drainage Ordinance will require no
release of water from the property at a rate faster than before the site was developed. The
drainage system will be built to comply to the ordinance. The discharge from the retention
pond will be through a tributary to Tibby’s Branch which is a natural drainage pattern for the
area.
3. Access to the project will be by a service road that will be part of the Northern Outer Loop
Intersection plan which will provide an excellent access to the facility.
4. The buildings on the site will be 15 feet high with 14 feet in the back and 16 feet in the front
of a pre-engineered metal building.
In closing, Mr. Cribb offered to answer any questions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 283
Commissioner Howell asked Mr. Cribb what actions had been taken to protect the seven
properties in the front of the site and the adjacent property owned by Ms. Moore.
Mr. Cribb responded that a 6-foot privacy fence will be located on the north and east side of
the property owned by Ms. Moore. Due to the depth of the lot and a ditch between the property and
other residences, the buildings will be at least 350 feet away with additional landscaping and
buffering.
Mr. Mellin spoke on this being a well conceived plan and stated that the proposed boat
storage facility is needed in the area. He introduced Ms. Wendy Larimer, a representative of the N.
C. Marine Trade Services, to speak on the proposed facility.
Ms. Larimer spoke on the desperate need for this type of facility and noted that the location
would be close to both New Hanover and Pender Counties. As both counties continue to grow, more
boats will come to the area and require storage. With the average boater using a boat five times a
year, it will not generate a great deal of traffic, and the facility will serve the residents of the area.
In concluding the presentation, Mr. Mellin presented a map showing an area to the north that
is currently zoned B-2 Business and the location of the interchange to be placed in the area. Traffic
from the use will increase by only one-tenth of one percent. Noise will not be associated with the
facility because no boat repairs will be made on the site. Generous setbacks have been made around
the facility to protect the neighbors and special consideration has been given to the property owned
by Ms. Moore. No structure is closer than 42 feet from any adjoining property line and the back of
the property is 350 feet from the property line to the first structure. New Hanover County
Ordinances will require the facility to have a detention pond that will have zero impact on streams
and creeks. Security lighting will be installed and the buildings have been oriented toward the middle
of the site so the lighting will project to the internal part of the structure. No lights will be glaring
down on surrounding residents. Mr. Mellin requested the Board to approve the requested zoning.
Chairman Caster requested the persons wishing to testify to limit their remarks.
Mr. Kenneth Morgan, a resident 507 Tibby’s Drive, advised that he purchased his home in
a residential area and would like for the zoning to remain unchanged. He also expressed concern for
flooding in an area that already has drainage problems with the proposed boating facility and
interchange construction. He requested the Board to deny the request.
Mr. Richard Pace, a resident of 401 Porter’s Neck Road, expressed concern for the proposed
facility negatively impacting drainage. To allow a retention pond to discharge into Tibby’s Branch
has the potential to degrade the quality of water in the branch and eventually into the Intracoastal
Waterway. Another concern is the figure presented on the use of boats per week. During the
summer months, most boat owners will use their boats at least once or twice a week, which will
increase the trips per week to more than 300. Mr. Pace requested the Board to protect the
surrounding residents and deny the request.
Mr. Edmond Rutherford, a resident of 217 Porter’s Neck Road, expressed concern for his
property value decreasing with location of the proposed boating storage facility. He also expressed
concern for drainage in an area that floods with heavy rainfalls.
Mr. Randall W. Cothren, a resident of 301 Porter’s Neck Road, expressed concern for
allowing any commercial use in a residential area, and he requested the Board to deny the rezoning
request because of drainage and noise that will negatively impact adjoining residences.
Ms. Alison Moore, a resident of 8320 Market Street, reported that the proposed plan will
encompass her home. Approval of this request will not only impact her home but all surrounding
residences. The use will endanger the public health and safety by exposing surrounding properties to
gasoline, oil flares and fiberglass. A boat storage facility comprised of 78 units has the potential to
create a huge fire in the middle of a residential area. Seven acres of asphalt will further irritate septic
storm water run-off problems and drinking water wells could become contaminated. The proposed
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 284
use does not have the appropriate buffering and landscaping according to the New Hanover County
Zoning Ordinance, and the use will injure the value of homes in this residential area.
Ms. Moore presented a picture of her home and easement that will be shared with B&M
Holdings, Inc. which is 10 feet from her kitchen door. She said that the value of property would be
decreased and the qualify of life and aesthetics in the area would be destroyed. She requested the
Board to deny this request and protect surrounding residential areas.
Commissioner Howell asked if the petitioner had met with the residents to work out some of
the concerns expressed.
Mr. John E. Bradshaw, part owner of B&M Holdings, Inc., reported that he had met three
or four times with Ms. Moore to discuss issues of concern. During various conversations it became
apparent that she was interested in selling her property at a price $175,000 for six tenths of an acre.
If the proposed use is not approved, this property can be developed residentially which will create
more noise, traffic, and drainage problems. Every effort has been made to address the concerns of Ms.
Moore and other neighbors.
In closing, Mr. Bradshaw spoke on the need for more boating facilities and the increasing
regulations that govern these facilities. He stated if this trend continues, all marinas will become
private facilities and 70% of the public will lose access to the water. He requested the Board to
approve the rezoning request.
Mr. Charles Desjarlnis, owner of Lot 6, stated that the land next door to his residence was
still wet even though it had not rained for more than 30 days. He noted that to allow this facility to
locate on the proposed site with a retention pond discharging into Tibby’s Branch will increase the
flooding for the entire area. He requested the Board to deny the rezoning request.
There being no further comments, Chairman Caster closed the Public Hearing and called for
a motion.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to deny the
rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED by
a 4 to 1 vote as follows:
Voting Aye:Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Voting Nay: Chairman Caster
Chairman Caster stated, for the record, he voted no because a boating facility is needed in this
area, and it appears that all parties involved could have worked out a way to reach a satisfactory
solution.
PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID BAREFOOT FOR TF
HOLDINGS, LTD. TO REZONE 8.55 ACRES AT 3001 BLUE CLAY ROAD ON THE WEST
SIDE, NORTH OF THE N. KERR INTERSECTION, TO I-2 INDUSTRIAL FROM R-20
RESIDENTIAL. (Z-712, 08/00)
Chairman Caster opened the Public Hearing
Planning Director Dexter Hayes reported that the proposed request had been modified from
an I-2 Industrial use to an I-1 Industrial use as indicated in the letter written on September 26, 2000
from Attorney David C. Barefoot. At the Planning Board, there was significant discussion about
drainage and I-2 Heavy Industrial uses. Several people from the Ivy Wood/Runnymeade
developments and other surrounding subdivisions voiced their opposition to the industrial uses
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 285
located in their backyards. The Planning Board voted unanimously to recommend denial of the
request.
Commissioner Davis asked if the change from I-2 to I-1 Industrial zoning would make a
difference in the recommendation by the Planning Board and Planning Staff.
Planning Director Hayes responded that the change would not make a difference in the
recommendation by Staff; however, some options such as conditional use were discussed at the
Planning Board meeting.
Commissioner Davis asked if the I-1 zoning would be consistent with the Land Use Plan.
Planning Director Hayes responded that the I-1 zoning would not be consistent with the Land
Use Plan.
Chairman Caster asked Attorney David C. Barefoot if the request tonight was for I-1 instead
of I-2 zoning.
Attorney Barefoot responded that the request was for I-1 zoning.
Motion:
After further discussion of the proposed change, Commissioner Davis MOVED,
SECONDED by Commissioner Birzenieks, to remand the petition back to the Planning Board since
the plan has been modified from I-2 to I-1 zoning.
Attorney Barefoot explained that the petitioner would prefer for the Board to hear the case.
He explained that the reason for changing the zoning from I-2 to I-1 was to address concerns of
surrounding neighbors and to provide more compatible uses for that area. He presented and
discussed the following issues:
1.This residential property backs up to industrial zoning. The property across the street is being
developed as Industrial. The purpose of planning is to locate a use in an appropriate area.
The property will be densely buffered to protect neighborhoods.
2. The property owners are concerned about drainage. Since the hurricanes, a new Drainage
Ordinance has been adopted by the County to require the developer to provide a satisfactory
drainage plan. The ditches have been cleaned in this area, and drainage should improve in
Wrightsboro Acres. A preliminary drainage delineation has been performed to assure proper
drainage from the site.
3.The property is classified as Resource Protection, and it is felt that the land should be
classified transitional because of commercial uses in the area.
In closing, Mr. Barefoot requested the Board to consider the request.
WITHDREW
Commissioner Birzenieks his second to the motion made by Commissioner
Davis to remand the request to the Planning Board.
Chairman Caster asked if anyone from the public would like to comment.
Mr. William Haggins, a resident of Ivy Woods, spoke on existing drainage problems in the
area and requested the Board not to approve an industrial use on the proposed site. He referenced
problems experienced with the Airport burn pit and the gasoline contamination near the Wrightsboro
School area, which have already negatively impacted residents living in this community.
Ms. Laura McLean commented on the beauty of the area and she expressed concern for
existing drainage problems that will only increase with I-1 zoning. She requested the Board to allow
the property to remain residentially zoned to protect surrounding neighborhoods.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 286
Mr. John Soffield, the owner of Lot 5, spoke on purchasing his property in December when
the land was zoned R-20 and he expressed concern for allowing industrial development that will only
increase the drainage problems in a wet area. He requested the Board to allow the property to remain
residentially zoned.
Ms. Nannie Doyle, a resident of the Wrightsboro neighborhood, expressed concern for
increased traffic, noise, drainage, devaluation of property and a fire hazard that could come from
industrial development. She presented petitions to the Clerk to the Board, marked as Exhibit I, and
requested the Board to deny the request.
Ms. Rachelle Simpkins, a resident of 62 Holland Drive, expressed concern for flooding that
already occurs in her yard and stated the proposed use will only increase the problem. With the
potential for chemical spills, noise, dirty machinery, smoke, traffic and drainage, she feels the I-1
zoning should be denied.
Ms. Patty Marley, a resident of 16 Holland Drive for 28 years, requested the Board to follow
the recommendation of the Planning Board and deny the I-1 zoning to protect surrounding
neighborhoods from potential groundwater contamination and increasing flooding in an area with a
high water table.
Ms. Aldyth Baker, a resident of 39 Holland Drive, spoke on her problems with drainage and
flooding during Hurricane Floyd, and she requested the Board to deny the rezoning request to protect
surrounding neighborhoods.
Ms. Gwen Todd, a resident of Holland Drive, spoke on living in this area since1962 where
she and her husband raised children in a quiet peaceful neighborhood. She requested the Board to
deny the proposed zoning to protect this special community.
Mr. John Tunstall, representing Andrew and Kuske Engineers, reported that the proposed site
would contain a regional pond designed to regulate post development runoff to pre-developed
conditions for the 2, 10, and 25 year storm. After visiting the site, they determined that a portion of
Wrightsboro Acres adjacent to the property does have drainage problems. The ditches are full of
debris from the hurricanes, and the County is in the process of cleaning out the ditches. A culvert will
be placed underneath Blue Clay Road with the discharge eventually flowing into Acorn Branch. All
drainage precautions will be taken to control the runoff and improve drainage problems in the entire
area.
In concluding the presentation, Attorney Barefoot requested the Board to approve the I-1
zoning.
Chairman Caster closed the Public Hearing.
Discussion was held on the difference between I-2 and I-1 zoning. Planning Director Hayes
explained that I-2 zoning permits heavy manufacturing uses and I-1 permits light manufacturing uses
such as distribution or assembly facilities.
Commissioner Howell expressed concern for the petitioner not working with the neighbors
to resolve some of these issues before presenting the zoning request to the Board. He requested the
Commissioners to make this a requirement in future zoning cases.
Chairman Caster called for a motion.
Motion:
Commissioner Davis MOVED, SECONDED by Vice-Chairman Greer, to deny the request.
Upon vote, the MOTION CARRIED by a 4 to1 vote as follows:
Voting Aye:Chairman Caster
Vice-Chairman Greer
Commissioner Davis
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 287
Commissioner Howell
Voting Nay:Commissioner Birzenieks
PUBLIC HEARING TO CONSIDER A REQUEST FROM THE UNIVERSITY OF NORTH
CAROLINA AT WILMINGTON, CONTINUED FROM THE JUNE 5, 2000 BOARD
MEETING, TO MODIFY A SPECIAL USE PERMIT FOR A MARINE RESEARCH AND
EDUCATIONAL FACILITY IN THE 5000 BLOCK OF MASONBORO LOOP ROAD, EAST
SIDE (S-329, 03/81, 04/00 revised)
Chairman Caster opened the Public Hearing and announced that the special use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be
sworn in by the Clerk to the Board:
John B. Codington, Jr.
Hal White
Todd Manning
Terry Mullins
Roman Kolodij
Planning Director, Dexter Hayes, reported that this item was tabled by the Board at its May
8 meeting so adjoining residents and the petitioner could meet to discuss ways to mitigate the noise
levels emitted by the heating and cooling units on top of the research facility. In a 4-0 vote, at their
April 6, 2000 meeting, the Planning Board recommended approval of the petitioner’s revised special
use application and site plan design. The Planning Board also recommended that every effort be
made to mitigate the noise pollution to adjoining residential property and adhere to the County’s
Noise Regulations.
The University of North Carolina at Wilmington received a Special Use Permit for a Marine
Research and Educational Facility by the Board of County Commissioners in April 1991. At that
time, the site plan showed 18,125 cumulative square feet of construction, consisting of a three winged
building (7,500 square feet), an ocean support building (5,625 square feet), a shellfish sanitation
building (2,500 square feet), and a meteorology building (2,500 square feet).
Planning Director Hayes entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.Sewer service is provided by New Hanover County. Water service is provided by the
City of Wilmington.
B.The project has direct access from Masonboro Loop Road. Masonboro Loop Road
is a NCDOT State Maintained Road.
C.The project will be served by the Myrtle Grove VFD.
D.Minimal site clearing has been completed. Of the 52 acres that exist on site, more than
40 acres will remain undisturbed.
E.A 50 foot buffer of natural vegetation will exist along the property lines.
F.The eastern portion of the site lies within the 100 year flood zone. The buildings are
not located within this area.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 288
A.The Marine Research and Educational Facility will be operated by the University of
North Carolina at Wilmington’s Center for Marine Science. Colleges, Universities,
and related uses are permitted by special use in the R-15 Residential Zoning District.
B.Approximately 82,880 cumulative square feet of building floor area has been
constructed. The project consists of a three winged main building of one and two
stories in height containing a research area (74,200 square feet of habitable space &
7,000 square feet for mechanical penthouse), a proposed University Police Gatehouse
(480 square feet), and an Estuarine Research Station (1,200 square feet).
C.Parking will be provided in accordance with Section 81 of the County’s Zoning
Regulations.
D.All setbacks and buffer yard requirements will be in accordance with Section 69.11
of the County’s Zoning Regulations for O&I uses.
E.A pier and dock facility are already located on the site in accordance with County
regulations.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.Land adjacent and north of the facility is vacant. The property is now or formerly
owned by the North Carolina Lutheran Retirement Center. Land adjacent and south
of the site contains a few residential homes at low density.
B.Significant development is located west of the project area.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development of New Hanover County based
upon the following findings:
A.As stated, the project will consist of 82,880 square feet.
B.Areas adjacent to the Intracoastal Waterway will be left undisturbed.
C.The 1999 New Hanover County Land Classification Plan identifies this area as
Resource Protection. This classification provides for the preservation and protection
of important natural, historic, scenic, wildlife and recreational resources. Compatible
commercial and industrial development may be located within this class as long as
important resources are not adversely impacted.
Chairman Caster asked if the petitioner would like to speak.
Mr. Hal White, representing UNCW reported on the efforts made by the University to reduce
the noise from the UNCW Marine Science Lab. To date $90,000 has been expended and there are
plans to spend another $85,000 for a total expenditure of $175,000. The first action taken was to
place a buffer on top of the cooling unit at a cost of $75,000 which significantly reduced the noise
level. There are also plans to install a screen with acoustical materials around the cooling unit. The
lights have been adjusted to avoid disturbing the neighbors, and the parking lot lights have been
shielded. The refuse containers have been moved further from the property line and screened. The
early morning collection of trash prior to 7:00 a.m. has been rescheduled so garbage will not be
collected before 7:00 a.m. The concern for the whining noise from the pier has been corrected with
the noise greatly reduced. The concern about the salt water return research system stirring the
resource waters has been corrected by installing a T-installation. No artificial materials are being
introduced into the resource waters. The concern for the sewerage lift station has been addressed
by installing an alarm, and steps are being taken to provide a backup generator on the lift station to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 289
avoid spills. The only item that has not been completed is the visual screening around the equipment
storage area. This area does need to be screened and after extensive research, a long linear screen
will be placed inside the buffering area. Once this is completed, approximately $175,000 will have
been spent to address the concerns of the neighbors. The noise does not exceed the decibel units of
the New Hanover County Noise Ordinance.
Commissioner Davis asked when the screening will be completed.
Mr. White responded by the end of February 2001.
Mr. John B. Codington, Jr., President of the Masonboro Landing Homeowners Association,
as referenced in his letter to the Board, said the following observations are submitted for review and
the official public record in relation to the UNCW development of property located on Masonboro
Loop Road. The concerns of the Homeowners Association are based on personal, community,
county and state interests as they relate to the residential and environmental impact of this
development.
By violating the Special Use Permit (S-329), the University has significantly impacted the
local residents and the critical natural resources of the Myrtle Grove Sound, which is designated as
an Outstanding Resource Water and Primary Marine Nursery. On May 17, 2000, Chancellor James
Leutze of UNCW held a meeting where the staff and small group of concerned citizens were
organized into a Task Force pledged to resolve community concerns over excessive noise, excessive
lighting and water pollution from the Marine Science Lab. This Task Force met five times during the
summer with no significant progress. While attending the meetings, it became clear that broken
promises, excuses, and extended deadlines were being made by UNCW about resolving the noise
problem.
When the Task Force attempted to reduce the impact of existing development, UNCW
continued to develop the property without any effort to inform the group. Last Wednesday, the day
after the State School Bond passed, Mr. Paul Hosier called a Task Force meeting on Thursday. At
that meeting, a list was distributed showing the progress made on issues of concern with target dates
for resolution. No one was aware of the University’s move to seek the modified Special Use Permit
until last Wednesday. It was at this point, that the concerned citizens realized that the promise of the
Task Force would never be fulfilled.
On behalf of the concerned citizens of the Masonboro Loop Road community, Mr. Codington
requested the Board of County Commissioners to postpone ruling on any request by the University
until legal representation can be secured to defend the community’s interest.
Commissioner Birzenieks asked Mr. Codington if he had reviewed the list.
Mr. Codington responded that he had review the list.
Commissioner Birzenieks asked Mr. Codington what other specific items would the
community like for UNCW to address.
Mr. Codington responded that the intent of the original Special Use Permit was in the best
interests of the residents and natural resources in the area. The conditions of this permit have not
been met by UNCW.
Commissioner Birzenieks stressed the importance of everyone understanding that Marine
Science Lab has already been constructed at its existing size, and from the presentation made by Mr.
White, the noise problem is being addressed.
Mr. Codington requested the original Special Use Permit to be enforced, which addresses
drainage issues and the environmental impact to the community.
Commissioner Birzenieks asked Mr. Codington if he wanted the building destroyed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 290
Mr. Codington responded at this point the neighbors need legal representation to determine
the available options because the University failed to satisfy the Special Use Permit in every category.
When the Task Force was appointed, the neighbors thought the University would resolve the issues.
The cooling unit has been operating all summer with no significant modification to the noise
generated, and there are no drainage ponds on the property. The water runs directly into the sound.
Buildings and storage areas are being developed without prior approval or consideration of the
environment.
Mr. Roman Kolodij, Director of Architecture & Construction for UNCW, informed the Board
that numerous permitting agencies have reviewed the drainage for the site. The Corps of Engineers,
CAMA, N. C. Department of Natural Resources and other entities have reviewed the drainage. One
structure referenced by Mr. Codington was the gate house which is on the architectural drawing.
Some trailer type buildings have been placed on the site for storage. If these buildings are in violation
of the permit, they will be removed. UNCW has made every effort to address the concerns of the
neighbors. The issuance of a Special Use Permit is tied to conditions, and if it is found that a
condition has not been met, it will be corrected. The screening for the cooling tower has been cleared
through the New Hanover County Enforcement Office. Mr. Kolodij assured the Commissioners that
every effort will be made to continue to resolve issues of concern to surrounding neighbors.
Commissioner Davis asked Mr. Kolodij if screening and other items to improve the noise
would be completed by February 2001.
Mr. Kolodij responded the projects should be completed by this date. Some of the issues are
complicated and require research before deciding on the right approach.
Mr. Codington presented a letter informing the residents that the baffling would be completed
in July. The University has not fulfilled the solutions to the problem.
Commissioner Davis explained to Mr. Codington that he personally would not continue the
hearing for him to hire a lawyer; however, he might consider postponing the hearing to allow the
University to comply with the items presented on the list.
Mr. White noted that UNCW is very sympathetic with the neighborhood. In order to
complete an expenditure of $75,000 on a custom made installation on a cooling tower at a research
facility requires more than three weeks to complete. This is a major project and UNCW is making
a good faith effort to move forward with completing the items presented on the list. Once these items
have been completed, there is very little left to address the noise issue. UNCW will work with the
Zoning Enforcement Office to resolve these issues.
Chairman Caster commented on this being a terrible situation for the neighborhood,
University, and State of North Carolina and he asked what the Homeowners Association wants done.
Mr. Codington responded that progress had been made after reviewing the list; however, the
neighborhood would like for the Board to consider future development and permit requests
remembering that UNCW was issued a 15,000 square foot Special Use Permit and constructed an
82,000 square foot facility. The Board should also make an effort to ensure that State agencies
conform to local zoning ordinances and make sure that all future development follows a due process
procedure, which will include local residential input and evaluation of a proposed project. The
Marine Science Lab is a wonderful facility and is good for the area, but he questioned why the
University installed a cooling unit 50 feet above the ground. When constructing the building, silt
fences were placed around the site and after every rainfall, the fences were replaced. Once the
construction was completed, there are no silt fences and the stormwater runoff and residue from
pavement flows into the marsh. This development should have been more environmentally sensitive
to the area and neighbors.
Discussion followed on the drainage regulations. Planning Director Hayes explained that New
Hanover County did not have drainage regulations when the Marine Science Lab was constructed
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 291
on the site. The Division of Water Quality and Department of Environmental Management was
responsible for drainage requirements.
A lengthy discussion followed on the original Special Use Permit and violations that occurred
to the conditions of the plan. Vice-Chairman Greer requested the Board to consider postponing this
item for 60 days.
County Attorney Copley advised that it is the responsibility of the Board to decide on the
conditions of the Special Use Permit. The Board could decide to provide time for the University to
meet any violations of the permit. The request from the petitioner is to modify the Special Use
Permit.
Mr. White advised that the University would prefer for the Board to modify the Special Use
Permit by approving the items on the list as the conditions; however, if the Board feels the hearing
should be continued, the University will comply to this request.
County Attorney Copley explained that the conditions placed on the use must be within the
jurisdiction of the Board of County Commissioners. For example, maintaining the noise level,
placement of screening around the containers, screening of the cooling tower, etc. Many of the
environmental issues are controlled by the State or Federal governments.
D.Vice-Chairman Greer referenced the violation of the original Special Use Permit
which was for construction of a 15,000 square foot facility and this structure was
expanded to 82,000. He asked how this would be corrected.
Planning Director Hayes explained that the primary reason for requesting modification of the
original Special Use Permit was to increase the building size, which impacted the noise, buffering, and
lighting. No other construction should occur on the site unless another modification is requested
from the Board of County Commissioners.
Motion:
After referencing the sincerity of the Chancellor and Staff in trying to correct the problems,
Commissioner Birzenieks MOVED to modify the Special Use Permit subject to the items presented
on the list becoming the conditions of the modified permit.
Commissioner Davis spoke on having a great deal of respect for the Chancellor and the
University but stated he felt the items promised should be completed before the Board approves the
modifications. This will allow time for the University to complete the items on the list.
Mr. Codington again referenced the fact that no parking requirements have been met, there
are no retention ponds, the square footage has greatly increased, additional buildings and parking
areas are being constructed which negatively impacts the adjoining neighbors.
Vice-Chairman Greer asked Planning Director Hayes if additional development was occurring
on the site.
Planning Director Hayes responded that additional buildings and parking areas are being
constructed. He explained that until the original Special Use Permit is modified, the University will
be out of compliance.
Vice-Chairman Greer asked if anything could be done to stop construction until the permit
is modified.
County Attorney Copley suggested informing the University that no further construction
should occur until the permit has been modified.
Mr. White agreed to the condition mentioned by the County Attorney, but stated a factor to
consider is that neither the County or University Staff realized that the original Special Use Permit
was being violated. This situation occurred because the University receives all building and drainage
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 292
permits through the State. Since this incident, this permitting process has been corrected and the
University will apply to the County for all building permits. This type of situation will not occur in
the future. The neighbors need to be protected, and the University will accept waiting to modify the
permit until March.
Substitute Motion:
After further discussion, Commissioner Davis MOVED, SECONDED by Vice-
Chairman Greer, to table the request for modification to the Special Use Permit until March 12, 2001
to provide time for the University to comply with the conditions on the original Special Use Permit,
to allow time for the University to complete the acoustical screening around the cooling unit to
reduce the noise, and to install screening along the property line where the equipment is located.
Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Chairman Caster
Vice-Chairman Greer
Commissioner Davis
Commissioner Howell
Voting Nay:Commissioner Birzenieks
CONTINUATION OF PUBLIC HEARING TO CONSIDER A REQUEST TO AMEND THE
WILMINGTON/NEW HANOVER COUNTY CAMA LAND USE PLAN BY MODIFYING
POLICY 4.8 TO CLARIFY THE POLICY FOR THE DEVELOPMENT OF MARINAS
(LUP-10, 10/00)
Deputy County Attorney Kemp Burpeau informed the Board that persons wishing to
comment on this public hearing regarding the amendment to the New Hanover County CAMA Land
Use Plan have requested continuing this item to another meeting because of the late hour.
Consensus:
After discussion, it was the consensus of the Board to postpone this item until December
4, 2000.
PUBLIC HEARING TO CONSIDER REQUEST BY SMITH PROPERTIES OF
WILMINGTON, LLC TO AMEND THE ZONING ORDINANCE’S PERMITTED USE
TABLE TO PERMIT COMMERCIALLY OPERATED INDOOR/OUTDOOR
RECREATIONAL ESTABLISHMENTS IN THE A-I AIRPORT INDUSTRIAL ZONING
DISTRICT (A-303, 10/00)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported that no one spoke in opposition to the request at the
Planning Board’s October 5, 2000 meeting. The Board agreed, however, that certain uses might not
be appropriate near the airport and should be reviewed as a special use permit. The Planning Board
unanimously voted to recommend approval of the amendment as recommended by Staff.
New Hanover County adopted the Airport Zoning District in October 1976. The use for
“Indoor and Outdoor Recreation Establishments–Commercially Operated” was not added to the
zoning ordinance until February 1983. The objective of the airport district is to limit the potential
concentration of people around the airport. However, there are permitted uses within the airport
district that tend to attract large concentrations of people on a temporary and intermittent basis. There
are also several uses within the A-I district that are only permitted by Special Use Permit. Because
not all Indoor and Outdoor Recreational uses are compatible with the airport and because some
locations surrounding the Airport are inherently higher risk than others, Staff recommends that
Commercially Operated Indoor and Outdoor Recreation Establishments should only be permitted by
Special Use Permit in the A-I District.
Chairman Caster asked if anyone from the public would like to comment.
Ms. Libby Bryant, a concerned citizen, expressed opposition to allowing Smith Properties of
Wilmington, LLC to construct this facility on the site because of compressed gas in the building that
is highly explosive and an endangerment to the surrounding neighborhoods.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 293
Planning Director Hayes explained to Ms. Bryant that if the Board approves the proposed text
amendment, Smith Properties of Wilmington, LLC will apply for a Special Use Permit and the public
will be given an opportunity to comment about the proposed use when this item is considered by the
Board of County Commissioners on December 4, 2000.
Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve a text
amendment to require a Special Use Permit in the A-I Airport Industrial Zoning District for
commercially operated indoor and outdoor recreation establishments. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 19.
PUBLIC HEARING TO CONSIDER A STAFF RECOMMENDATION TO ADD A
DEFINITION TO SECTION 23 OF THE DEFINITIONS SECTION OF THE COUNTY’S
ZONING ORDINANCE TO DEFINE WHOLESALE NURSERIES AND GREENHOUSES
(A-304, 10/00)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported that after some discussion concerning wholesaling and the
existing exception for agricultural uses, the Planning Board at its October 5, 2000 meeting
unanimously voted to recommend approval of the amendment with some minor wording changes.
At the September 2000 Planning Board Meeting, there was a discussion about wholesale
florists and nurseries operating on residential property throughout the County. Horticultural
specialties including bedding plants, flowers, fruits and greenhouses for floral products are classified
as agricultural uses. By law, agricultural uses cannot be regulated, therefore, wholesale nurseries and
greenhouses are permitted uses in all zoning districts in the County. The agricultural classification
only applies to “establishments primarily engaged in the production of ornamental plants and other
nursery products, such as bulbs, florists greens, flowers, shrubbery,... These products may be grown
under cover (greenhouses, frame, cloth house, lath house) or outdoors.” The Planning Board’s
concern at the September meeting was that many of these operations in the County were not
producing the products on site but were importing the stock and distributing it to retailers.
Therefore, Staff was asked to prepare a text amendment to define Wholesale Nurseries and
Greenhouses. Staff proposed the following Text Amendment:
In the permitted use table, staff proposes to drop the word “Wholesale” from
the Nurseries and Greenhouses use, and recommends adding a definition for
Nurseries and Greenhouses.
Nurseries and Greenhouses:
are establishments primarily engaged in the
production and sale of ornamental plants and other nursery products, such
as bulbs, florists’ greens, flowers, shrubbery, flower and vegetable seeds and
plants, and sod. These products may be grown under cover (greenhouses,
frame, cloth house, lath house) or outdoors.
Using this proposed language, the Nurseries and Greenhouses would be permitted in all
zoning districts. Wholesale nurseries and greenhouses would be classified under the wholesaling use
in the permitted use table and would be permitted in the I-1, I-2, A-I and PD zoning districts.
Commissioner Howell asked if any complaints had been received about the proposed change.
Planning Director Hayes explained that the proposed text amendment was submitted by Ernest
J. Puskas, a member of the Planning Board because of a case in Castle Hayne where a wholesaler
was in the wholesale business of selling bulbs. The bulbs were not being grown on the owner’s
property. If the bulbs were grown on the owner’s property, this would be classified as an agriculture
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 294
use, which would be exempted; however, buying and selling the bulbs as a wholesaler should be
treated as a business.
After referring to the Dutch farmers who have lived in the Castle Hayne for years, Vice-
Chairman Greer asked if approval of the text amendment would drive these people out of the nursery
business.
Planning Director Hayes responded the proposed text amendment would not drive these
people out of business. The case in Castle Hayne involved an individual bringing in bulbs by airplane,
placing them on a truck and sending them to other locations.
Chairman Caster asked if anyone from the public would like to comment.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to deny the
proposed Text Amendment to Section 23 of the Definitions Section of the New Hanover County
Zoning Ordinance pertaining to wholesale nurseries and greenhouses. Upon vote, the MOTION
CARRIED by a 4 to 1 as follows:
Voting Aye:Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Davis
Commissioner Birzenieks
Voting Nay:Chairman Caster
PUBLIC HEARING TO CONSIDER A LOCAL LAW ENFORCEMENT BLOCK GRANT
(LLEBG) FROM US DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
FOR FY 2000
Chairman Caster opened the Public Hearing and asked if anyone would like to speak.
No comments were received.
Chairman Caster closed the Public Hearing and called for a motion to accept the grant award.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to accept a
grant in the amount of $61,935 from the Bureau of Justice Assistance for FY 2000 to purchase law
enforcement equipment, authorize the County Manager to sign the grant documents and approve the
associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #01-0062 - Sheriff’s Department/LLEGG GRANT
ADJUSTMENTDEBITCREDIT
LLEBG Grant - Sheriff’s Department$61,935
Transfer from General Fund (Sheriff) 6,882
Capital Outlay $68,817
Sheriff’s Department - Supplies $ 6,882
Sheriff’s Department - Transfer to LLEBG 6,882
Explanation:
To budget LLEBG grant awarded to the Sheriff’s Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, NOVEMBER 13, 2000 PAGE 295
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING
OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session to hold a meeting of the New Hanover
County Water and Sewer District.
Chairman Caster convened from Regular Session at 12:45 a.m.
Chairman Caster reconvened to Regular Session at 12:52 a.m.
MEETING CONTINUED TO TUESDAY, NOVEMBER 14, 2000
Chairman Caster continued the meeting until Tuesday, November 14, 2000, at 9:00 a.m.
Chairman Caster recessed the meeting at 12:55 a.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board