1999-03-08 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 103
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 8, 1999, at 6:30 p.m. in the New Hanover County Courthouse Assembly Room, 24 North
Third Street, Wilmington, North Carolina.
Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present. He requested
a special prayer for Allen O’Neal’s father who is having surgery and Inspections Director Jay Graham
who is in the hospital.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew J. Atkinson, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
Request for the New Hanover County Board of Commissioners and Wilmington City Council
to Consider the Economic Well Being of Citizens When Preparing Budgets and Setting Tax
Rates for FY 1999-2000
Ms. Judy Husketh, a concerned citizen, reported the average income in New Hanover County
is approximately $41,000 for a family of four. With high property taxes and higher costs for car and
homeowners insurance in this area, many homeowners often do without personal luxuries to maintain
dwellings for their families. The local residents have borne the financial and emotional strain of three
hurricanes in two years, and they have paid large out-of-pocket expenses and physically labored for
months to recoup losses sustained from these storms. It is the responsible homeowner who continues
time after time to be penalized by ever increasing property taxes. Often the only out for the
homeowner is to sell and leave the area.
Retirees and others have relocated to New Hanover County because they could no longer
afford to live in places where they had previously worked. The same pattern is being duplicated in
our county. Are we gong to continue to tax ourselves, our parents, our neighbors, and our children
out of a future? Must we all move to Florida or to the top ten areas listed in Money magazine as
affordable for retirees?
The citizens have been told that taxes will not double. This is not true. How can we continue
to accept this delusion. Both governments must now consider lowering tax rates drastically for our
survival. At a time when Wilmingtonians face many issues, the taxpayers are requesting the City
Council and Board of County Commissioners to consider the economic well being of its citizens
when making final recommendations for budgets and tax rates for the next few years. The
consequences are far reaching and they demand both a realistic and moral approach to be fair.
Chairman Caster expressed appreciation to Ms. Husketh for her comments.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Items 5 and 13.2 from the Consent Agenda.
Clerk to the Board, Lucie F. Harrell, requested removal of Consent Agenda Item 12, a road
petition to add roads in Seaspray Subdivision to the State Highway Maintenance System. She noted
that with the recent annexation by the City of Wilmington, the roads were now in the City and the
petition would have to be submitted through the City’s procedures.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 104
Discussion was held on Consent Agenda Item 5. Vice-Chairman Greer requested an
explanation of why the associated budget amendment was in the amount of $6,200 when grant award
was $32,200.
Deputy County Manager Atkinson explained that the budget amendment was prepared to
reflect the difference in the amount already budgeted and the actual amount of the grant award.
Discussion was held on Consent Agenda Item 13.2. Vice-Chairman Greer requested an
explanation of why the debits and credits did not equal on the budget amendment.
Deputy County Manager Atkinson requested the Board to withdraw this item so the budget
amendment could be corrected and resubmitted on the next Consent Agenda.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove
Consent Agenda Items 12 and 13.2 and to approve the remaining items on the Consent Agenda,
including Item 5. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Special Meeting, Board of EducationJanuary 25, 1999
Regular MeetingFebruary 1, 1999
Emergency Meeting, Hospital BondsFebruary 4, 1999
Continued Meeting, Hospital BondsFebruary 5, 1999
Approval of New Hanover Regional Medical Center Leases
The Commissioners authorized the Medical Center to proceed with renewing the following
leases since the County has no need for the space:
Property located at 2460 Delaney Avenue
(1): Coastal AHEC will continue to be the tenant.
Due to recent reimbursement changes, the facility will be sub-leased to Coastal AHEC. The
Women’s Health Specialties South practice will continue to use the space. The proposed
lease is for $14 per square foot.
Property located at 5302 Oleander Drive:
(2) The Wilmington Orthopedic Group is interested
in leasing Unit A. This unit has X-Ray equipment installed in the facility which makes it
suitable for an orthopedic office. The lease proposal calls for a rental rate of $16.22 per
square foot.
Acceptance of Grant Award from the N.C. Department of Crime Control & Public Safety,
Division of Emergency Management and Approval of Associated Budget Amendment # 99-
0096 - Emergency Management Department
The Commissioners accepted a grant in the amount of $2,353 from the N.C. Department of
Crime Control and Public Safety, Division of Emergency Management for the purchase of hurricane
preparedness and mitigation plastic litter bags. No County funds are required. The following budget
amendment was approved:
#99-0096-Emergency Management
AdjustmentDebitCredit
N.C. Department of Crime Control & Public Safety Grant$2,353
Emergency Management$2,353
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 105
Purpose:
To budget grant received from the N. C. Department of Crime Control and Public Safety
Division of Emergency Management.
Acceptance of Grant Award from the N.C. Department of Crime Control & Public Safety,
Division of Emergency Management and Approval of Budget Amendment #99-0095 -
Emergency Management Department
The Commissioners accepted a grant award from the N. C. Department of Crime Control &
Public Safety, Division of Emergency Management in the amount of $6,475 for the purchase of
EM2000 specialized software, computer hardware, training and support, and maintenance. No
County funds are required. The following budget amendment was approved:
#99-0095 - Emergency Management
ADJUSTMENTDEBITCREDIT
N.C. Department of Crime Control & Public Safety Grant$6,475
Departmental Supplies $ 600
Capital Outlay - Equipment $3,000
Maintenance and Repair - Equipment $ 375
Training and Travel $2,500
Purpose:
To budget grant received from the NC Department of Crime Control and Public Safety,
Division of Emergency Management.
Acceptance of FY 1998-99 EEOC Grant Award to Human Relations Department and
Approval of Budget Amendment #99-0101
The Commissioners accepted the 1998-99 EEOC grant award to the Human Relations
Department in the amount of $32,200 and authorized the Human Relations Director to sign the grant.
The following budget amendment was approved:
#99-0101 - Human Relations - EEOC
ADJUSTMENTDEBITCREDIT
EEOC Grant$6,200
Advertising$5,000
Travel and Training$1,200
Purpose:
To increase the budget to reflect the increased amount of the EEOC grant for FY 1998-99
Adoption of Resolution Awarding Contract #99-0274 to Wally’s Fire & Safety, Inc. to
Purchase two Thermal Imaging Systems for the Fire Services Department
The Commissioners adopted a resolution awarding a contract to Wally’s Fire & Safety, Inc.
in the amount of $33,132 to purchase two thermal imaging systems for the New Hanover County Fire
Services Department through the “piggyback” option as allowed under NCGS-143.129. The City
of Florence, South Carolina, formally bid a thermal imaging system in January. Four bids were
received and the City of Florence awarded the contract to Wally’s Fire & Safety, Inc., the lowest
bidder. Wally’s Fire and Safety, Inc. extended the same price to New Hanover County. Funds are
available in account 130-436-4340-6400 for this purchase.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 7.
Authorization for the New Hanover County Health Department to Submit a Grant Application
to Smart Start for the Hispanic Prenatal Project-Partnership for Children 1999-2000
The Commissioners authorized the Health Department to submit a grant application to Smart
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 106
Start for the Hispanic Prenatal Project in the amount of $12,500. This project will provide educational
support services for pregnant Hispanic women who receive care through the New Hanover County
Health Department’s prenatal services. Strategies will target barriers to prenatal care and will address
transportation services for prenatal visits, childbirth classes, WIC services, etc.; prenatal vitamins;
diabetic supplies; car seats; interpreter services; mother/baby supplies and prenatal support education
sessions.
If the grant is awarded, the County Manager is authorized to accept the grant, approve the
related budget amendment and sign the necessary grant documents.
Authorization for the New Hanover County Health Department to Submit a Grant Application
to the Kate B. Reynolds Charitable Trust Health Care Division for Funding “The Preventing
HIV Effectively” Program
The Commissioners authorized the New Hanover County Health Department to submit a
grant application in the amount of $190,000 to the Kate B. Reynolds Charitable Trust Health Care
Division to fund the “Preventing HIV Effectively” program. This program will enable the New
Hanover County Health Department to assume leadership in coordinating HIV prevention activities
focusing on reaching the five highest risk populations.
If the grant is awarded, the County Manager is authorized to accept the grant, approve the
related budget amendment and sign the necessary grant documents.
Authorization for the New Hanover County Health Department to Submit a Grant Application
to Smart Start for the Intensive Home Visiting Program (IHVP)
The Commissioners authorized the New Hanover County Health Department to submit a
grant application to Smart Start for the Intensive Home Visiting Program. This program will be
piloted with support from the Division of Women’s and Children’s Health and the UNC School of
Public Health. At-risk families, identified by program criteria, will be visited frequently regarding
parenting, health, safety, development, child abuse prevention, social and financial needs. Home visits
will begin during pregnancy and continue to age 3. The nurse/social worker will be a consistent
resource for the family, accessing community services as needed. This program would contribute
data to statewide research on Intensive Home Visiting Programs.
If the grant is awarded the County Manager is authorized to accept the grant, approve the
related budget amendment and sign the necessary grant documents.
Adoption of Capital Project Ordinance for New Hanover County and Approval of Associated
Budget Amendment # 99-23
The Commissioners adopted a Capital Project Ordinance and approved the associated budget
amendment to establish the capital project budget for the HUD Disaster Recovery Initiative Program
consisting of a HUD grant in the amount of $1,853,000 and $800,000 of County funds. Projects to
be included in the program are:
1.Wilmington/Hanby Beach Sewer Connection Assistance - $288,000 Grant
2.Castle Hayne Phase I and II - Sewer Connection Assistance - $207,000 Grant; and
Sewer Construction - $431,586 Grant; a County Commitment of $800,000;
Total Project - $1,438,586
3.South End of Wrightsville Beach Property Acquisition - $300,000 Grant
4.Snag and Drag Project - $376,414 Grant
5Carolina Beach Fire/Police Station Construction - $250,000 Grant
The County’s contribution of $800,000 toward the Castle Hayne Phase I and II project will
come from the Water and Sewer Fund Balance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 107
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXV, Page 7.
Budget Amendment #99-12 - HUD Disaster Recovery Initiative Program
DEBITCREDIT
HUD-Disaster Resistance Initiative Program Capital Project
HUD-Disaster Resistance Grant$1,853,000
Transfer in from Fund 800 (Water/Sewer)$ 800,000
Capital Project Expense$2,653,000
Water/Sewer District
Appropriate Fund Balance$ 800,000
Transfer to Capital Projects $ 800,000
Purpose:
To establish project budget according to Capital Project Ordinance.
Approval of Budget Amendment #99-30 for the Hugh MacRae Nature Trail
The Commissioners approved the following budget amendment to transfer $50,000 from the
Parks Capital Budget for Ogden Park to the Parks Department Operations for the purpose of
continuing work on the Hugh MacRae Nature Trail. The Parks and Recreation Advisory Board
adopted a motion requesting that this transfer take place so the nature trail can be in service during
this fiscal year. These funds will be used to apply crushed stone to the trail and to remove dead and
damaged trees resulting from recent hurricanes. The trees are a safety hazard and must be removed
before the trail can be used by the public.
The following Budget Amendment was approved:
Budget Amendment #99-30
ADJUSTMENTDEBITCREDIT
Parks Capital Project
Other improvements$50,000
Transfer to Parks Operating Fund$50,000
Parks Operating Fund
Transfer in from Fund 315$50,000
Other Improvements$50,000
Purpose:
To budget transfer of $50,000 from Parks Capital Project to Parks Operating Budget for
the Hugh MacRae Nature Trail
Approval of Budget Amendment # 99-29 to Increase the Courthouse Renovation Capital
Project
The Commissioners approved the following budget amendment to increase the Courthouse
Renovation Capital Project budget amount for anticipated costs of seating and blinds approved at the
February 15, 1999 Board meeting.
ADJUSTMENTDEBITCREDIT
Courthouse Renovation Capital Project
Transfer in (from General Fund)$87,000
Capital Project Expense$87,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 108
(Budget Amendment #99-29 continued)
DebitCredit
Commissioners
Appropriate Fund Balance $87,000
Non-Departmental
Transfer to Capital Projects $87,000
Approval of Budget Amendment #99-0097 to Increase Budget for Anticipated Revenues and
Expenditures Related to Hurricane Bonnie
The Commissioners approved the following budget amendment:
#99-0094 - Hurricane Bonnie
ADJUSTMENTDEBITCREDIT
FEMA Revenue$200,000
Contracted Services$200,000
Purpose:
To increase budget for anticipated revenues and expenditures related to Hurricane Bonnie.
Approval of Budget Amendment #99-0106 for Human Services Transportation System
The Commissioners approved the following budget amendment:
#99-0106 - Human Services Transportation System
ADJUSTMENTDEBITCREDIT
Contributions-Transportation$165,000
General Public Transportation Funds$ 15,153
Contract Services$165,000
General Public Expenses$ 15,153
Purpose:
To increase budget for anticipated revenues and expenditures for February through June,
1999 for Progressive Transportation, and to increase budget for additional General Public
transportation funds received.
Approval of Budget Amendment #99-0108 for Health/Vector Control
The Commissioners approved the following budget amendment:
#99-0108 - Health/Vector Control
ADJUSTMENTDEBITCREDIT
Health Fees $7,100
Capital Outlay - Equipment $7,100
Purpose:
To budget additional revenue earned from fee increase for the additional funding needed
to purchase a boat, motor and trailer in Vector Control.
Approval of Budget Amendment #99-0109 to Budget Additional Title XIX Fee Maximization
Reimbursement Funds in the Health Department
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 109
#99-0109 - Health Department
ADJUSTMENTDEBITCREDIT
Maternal Health:
Title XIX Fee Maximization$132,321
Family Planning:
Title XIX Fee Maximization$ 19,382
Epidemiology:
Departmental Supplies$49,715
Capital Outlay - Equipment$36,863
Maternal Health:
Contracted Services$ 2,000
Departmental Supplies$ 1,000
Family Planning:
Departmental Supplies$ 5,200
Capital Outlay - Equipment$ 1,000
Child Health:
Contracted Services$ 7,200
Departmental Supplies$ 7,600
Capital Outlay - Equipment$ 3,000
Administration:
Capital Outlay - Equipment$38,125
Purpose:
To budget an additional Title XIX Fee Maximization reimbursement (Medicaid) of
$151,703 for additional expenditures as follows: departmental supplies, renovations, furniture,
computers for the Medical Records renovation area, transportation services, and interpreter services.
Approval of Request From the Carolina Beach Town Council to Reimburse the Town from
the Room Occupancy Tax Fund for Beach Erosion Repair Following Hurricane Fran
The Commissioners approved a request from the Carolina Beach Town Council for
reimbursement of $302,768 from the Room Occupancy Tax Fund for beach erosion repair following
Hurricane Fran. The New Hanover County Port, Waterway and Beach Commission at their meeting
on February 19, 1999 recommended that the reimbursement be awarded. As of January 31, 1999,
the balance in the Room Occupancy Tax fund was over $12 million.
ADOPTION OF RESOLUTION TO REQUEST THE STATE TO DEVELOP WATER
QUALITY REGULATIONS ON USERS OTHER THAN COASTAL DEVELOPMENT
Assistant County Manager, Dave Weaver, reported that over the past several weeks, the
Board has received a number of resolutions adopted by other counties requesting the State to place
a freeze on certain draft regulations proposed by the Coastal Resources Commission (CRC) until
local governments have been consulted and involved with developing the new policies.
In concluding his remarks, Assistant County Manager Weaver presented a revised resolution
reflecting the changes recommended by the Board at the Thursday morning staff meeting.
Chairman Caster noted that several persons were present and would like to speak on the new
regulations prepared by the CRC. He spoke on the amount of controversy among the coastal
counties about the proposed regulations, and he stressed the importance of hearing from the CRC so
the Board can better understand the intent of the proposed regulations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 110
Professor Courtney Hackney expressed appreciation for an opportunity to appear before the
Board. He advised that after hearing the amount of misinformation about the proposed regulations,
he felt it was important for everyone to understand how the rules are formulated. He reported the
CRC rule making process is a lengthy and complex process. A year has been spent in determining
that a water quality problem does exist in coastal areas along the North Carolina coast. Water quality
continues to degrade rapidly in all coastal counties. If the upstream pollution could be stopped, the
coastal counties would continue to have degradation of water quality. Pollution from inland sources
is different from pollution created by storm-water runoff, large paved areas, and driveways as a result
of development. This rate of growth in coastal counties has made it difficult to control pollution.
The proposed regulations have not been determined. It is imperative for everyone to
understand that rules will not be adopted to stop new development. There is a need for new
development to occur, but the water quality must be protected during the process. The rules are
designed to reduce the degradation of water quality. The CRC is looking at storm water run-off
options and other sources, including legislative options to better protect water quality.
In closing, Professor Hackney requested the Board to keep an open line of communication
with the CRC by submitting ideas and suggestions that could assist the Commission in developing
ways to limit the amount of pollutants that go into the estuarine waters. The intent of the CRC is
to protect the water quality.
Discussion followed on the need to involve local governments in the rule making process.
Vice-Chairman Greer informed Professor Hackney that coastal county governments have not been
involved in the process; therefore, these municipalities and counties are very concerned about
regulations that specifically impact their counties with no local input.
Professor Hackney commented on number of local government representatives serving as
members the CRC, and he suggested that local governments should closely monitor the CRC rule
making process.
Vice-Chairman Greer expressed concern for the CRC members not being a cross-section of
the community. He said the CRC should have some environmentalists on the Commission, but there
should be a broader representation from all parties involved to prevent adoption of regulations that
lean in one direction.
Professor Hackney responded that the CRC was established by the N. C. General Assembly.
The local government members may not be elected officials, but they are people who either work for
the government or are involved with local government. These representatives perform a good job
in advising the Commission on whether a regulation will be accepted by local governments. These
members frequently oppose the environmentalists and tend to balance out the decisions. In the past
no large controversies have occurred regarding changes in CRC regulations.
Commissioner Howell asked if all members of the CRC were appointed by the Governor.
Professor Hackney responded that all members are appointed by the Governor. Of those
members appointed, three must represent conservation, development, and forestry. Also, the
members must have a detailed background in local government.
Commissioner Howell expressed concern for all members being appointed by the Governor,
who could be an environmentalist or lean toward development. He suggested changing the
appointment procedure.
Commissioner Birzenieks expressed concern for two issues: (1) the lack input from local
governments on the decision making process; and (2) the need to address estuarine pollution from
sources across the State. He said the proposed resolution should be helpful to the CRC.
Professor Hackney explained that delaying the CRC process was the major concern. If the
regulations were adopted today, the rules would not go into effect until 2000 because of the time
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 111
involved with holding Public Hearings. The sciences are known, and to wait another year will allow
continued degradation of water quality in estuarine creeks along the coast.
Vice-Chairman Greer requested Professor Hackney to comment on whether the water quality
in Howe Creek was improving.
Professor Hackney responded the water quality in Howe Creek was rapidly decreasing.
Vice-Chairman Greer informed Professor Hackney that current studies have shown that the
quality of water in Howe Creek was improving.
Profession Hackney responded unless sewer is available to development around the creeks
in New Hanover County, the water quality will steadily decrease.
Chairman Caster stated in some instances where sewer has been provided to development near
estuarine creeks, the water quality has not improved. He said it is frustrating to hear that if septic
systems are removed, the water quality will improve, and find out later this is not true.
Professor Hackney explained that providing sewer to these areas is a major advantage because
it allows the local government to control sewer disposal. For example, in some coastal areas, it is not
uncommon to find ditches that have been dug by the property owner to dispose of sewer without
contacting the local government.
Chairman Caster commented on the sense of frustration among elected officials and he stated
the Coastal Coalition would not have been established if local governments had been involved in the
policy making process.
Chairman Caster asked if anyone from the public would like to speak.
Mr. Charles D. Dean, Jr., a concerned citizen of New Hanover County, expressed
appreciation to the Board for an opportunity to speak. He reported that property rights are the
bedrock principles of America, which, in his opinion, are being trampled on everyday in the name of
environmentalism. Huge bureaucracies like the Coastal Area Management Authority (CAMA) have
grown up and expanded.
Mr. Dean’s comments are summarized as follows:
Under the flag of environmentalism, the rights and privileges of American citizens are being
stripped away routinely by laws and regulations. For example, in the Pacific Northwest,
thousands of people lost their jobs and many communities became ghost towns because of
environmentalists. This group successfully lobbied for laws to include the rights of a bird to
a particular habitat ahead of the rights of people to make an honest living. In the east,
another virtually unknown sub-human creature called the Snail Darter was used by
environmentalists to delay construction of a hydro-electric plant badly needed by thousands
of people without electricity in the Tennessee Valley. Closer to home, there is a particular
kind of woodpecker which has been accorded the sacred status of a so-called endangered
species. In a very clever way, the extremists of the environmental movement, successfully
restricted the rights of property owners from harvesting their own timber because of that bird.
In our area, there is a new endangered species called the grass wart. It has recently retarded
development of privately owned land in New Hanover County regulated by CAMA and its
governing body, the Coastal Resources Commission.
By appearing before the Board, he did so at great risk because this could impact the
development of a large riverfront marina for which he had spent three years and $50,000 for
a major CAMA permit. He noted that Mr. Bob Stroud and other local and State CAMA
officials had been most helpful during the permitting process, but he stated the institutional
arrogance, indifference, and obstructionism of CAMA and the CRC must be stopped.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 112
It is no secret that CAMA and the CRC have butted heads with the State legislature, and
there has been talk about abolishing the whole organization. This would not be a good idea
because there is an appropriate role for CAMA and the CRC in promoting good stewardship
for our environment as long as it is done with the private sector in mind. However, given the
past track record, the worst thing that could happen to property rights of North Carolina
citizens is to expand the authority of CAMA and the CRC.
In closing, Mr. Dean expressed appreciation to the Board for proposing a resolution that will
require more input from the local governments, which brings common sense government to New
Hanover County.
Wilmington City Councilman Harper Peterson, a resident of 212 Orange Street, noted that
it was time for environmentalists, developers, and property owners to work together to protect water
quality. He spoke on being pleased that the CRC has finally amended and upgraded regulations that
are long overdue. New Hanover County is unique in that it is one of the most urban counties in the
State of North Carolina with an alarming rate of growth for its size. This growth has created water
problems for the area.
Councilman Peterson stated as a member of the Lower Cape Fear River Basin Program, on
which Chairman Caster serves, he knows there are water quality problems. This group is trying to
find ways to solve these problems. All of the creeks in New Hanover County, Howe Creek,
Hewlett Creek, Whiskey Creek, Pages Creek, and Futch Creek are experiencing water quality
problems from impervious surface runoff and drainage created by development. The results of the
Pages Creek Study performed by New Hanover County showed that $40,000,000 will be needed to
correct pollution problems in that creek.
Councilman Peterson stated as a member of the Comprehensive Planning Committee, on
which Commissioner Birzenieks serves, the natural resources that are endangered have been
identified. In order to address these problems, we must begin to focus on how to allow development
to occur in New Hanover County. Too much impervious surface and runoff create pollution.
Positive steps are being taken by the County with the Tidal Creeks Water Study and by the City with
the undertaking of a stormwater utility program.
Councilman Peterson advised that the CRC has recognized the need to involve local
governments in the policy making process. The CRC is trying to meet with coastal counties and form
a partnership to develop regulations that will better protect water quality and allow for new
development. To adopt a resolution that will delay this action will allow the degradation of water
quality to continue. Time is of essence for New Hanover County. Councilman Peterson urged the
Board to table the proposed resolution and bring back a revised resolution that will address immediate
needs facing New Hanover County, including working with neighboring counties upstream to find
ways to control pollutants and improve water quality.
Vice-Chairman Greer noted that all parties involved want to protect the environment and
improve water quality. He explained to Councilman Peterson that the local governments who had
submitted resolutions were opposed to the State government changing rules without receiving any
input from the local governments who will be impacted by the new regulations.
Mr. Johnny Baker, an employee with a testing laboratory who has observed thousands of
water samples annually for the past 20 years, stated the installation of the county sewer system in the
Wrightsville Beach area had improved water quality. To say that anybody was an anti-
environmentalist because they want to live on the water or use it for recreational purposes is
unbelievable. Most residents moved to New Hanover County because of its natural resources, and
a majority of residents understand the importance of protecting water quality. The integrity and
intentions of the CRC are not being questioned; however, to hold a Public Hearing a week ago on
the proposed regulations is a little late. The proposed CRC regulations will require an additional
restriction for new construction. There are very few lots on Airlie Road that are 100 feet deep. If
a 25 foot vegetative buffer is required with a 50 foot restriction on new development with a 35 foot
setback, you are minus 5 feet. What type of building can be placed on a site of this size. The current
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MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 113
property tax base of commercial property on Airlie Road exceeds $15,000,000. Many of the property
owners have paid taxes for years and they will not be happy giving their property back to nature.
With these facts in mind, the CRC should concentrate on how proposed regulations will impact
property owners. Involving the citizens would allow for a compromise that will satisfy all entities.
Mr. Baker requested the Board of County Commissioners to go on record opposing the
proposed regulations that were distributed by the CRC a week ago.
Vice-Chairman Greer recommended the following changes to the revised resolution:
prepared toproposed
(1)Change the word in the first sentence of the first paragraph.
is to in
(2)Change the word the second sentence of the third paragraph.
Whereas, the North Carolina Association
(3)Change the sixth paragraph to read as follows:
of County Commissioners has voted in 1999 to oppose proposed CRC regulations until
local governments are consulted;
with
(5)Add the word to the last sentence in the seventh paragraph.
Motion:
After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell
to adopt the changes to the resolution requesting the State to delay further action on the proposed
new estuarine shoreline regulations proposed by the CRC until the State firmly commits to equally
addressing estuarine pollution across the State and works more closely with local governments in
developing new regulations. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 7.
Chairman Caster, on behalf of the Board, expressed appreciation to Professor Hackney for
taking time to appear before the Board and explain the decision making process of the CRC.
ADOPTION OF RESOLUTION SUPPORTING THE CONSOLIDATION OF THE NEW
HANOVER COUNTY AND CITY OF WILMINGTON GOVERNMENTS
Chairman Caster reported that he and Councilman Harper Peterson had been attending
meetings with a neighborhood group to consider requesting the City Council and Board of County
Commissioners to develop a plan to consolidate the City and County governments. A major item
of discussion at the meetings was the importance of involving the public in the entire process. After
discussing this matter with officials at the University of North Carolina at Wilmington, the University
has agreed to host a Public Forum on April 1, 1999, at 9:00 a.m. in the Warwick Center to allow the
community to comment on the consolidation issue. He encouraged the public to attend the forum
so the elected officials can hear comments from the citizens.
Chairman Caster requested Mr. Jim Medlin, the Chairperson of the group, to comment.
Mr. Jim Medlin, a resident of 4814 College Acres Drive, expressed appreciation to the Board
for allowing him an opportunity to discuss consolidation. He commented on the need to provide a
more efficient and effective government, and he urged the Commissioners to adopt a resolution
supporting consolidation and requesting the City Council to adopt a concurrent resolution to establish
a governmental study commission to develop a plan for combining the two governments into a single
government.
Vice-Chairman Greer stressed the importance of everyone understanding that concurrent
resolutions will have to approved by the City Council and Board of County Commissioners before
a referendum can be held on the consolidation issue.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 114
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a
resolution supporting the consolidation of New Hanover County and the City of Wilmington into one
single government and to request the Wilmington City Council to adopt a concurrent resolution to
establish a governmental study commission to prepare a plan and draft a charter for the consolidated
government.
Chairman Caster noted that if the City Council and Board of County Commissioners decide
to consolidate, a referendum will be held in the fall of 2000, which will allow plenty of time for the
study commission to prepare a plan and charter for a consolidated government.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 7.
APPROVAL OF ADDITIONAL FUNDING TO THE NEW HANOVER COUNTY PORT,
WATERWAY AND BEACH COMMISSION
Chairman Caster requested the Board to consider additional funding in the amount of $5,000
for the Port, Waterway and Beach Commission to further its lobbying activities in obtaining funds
from the North Carolina Legislature and U. S. Congress for New Hanover County projects. The
Commission currently receives $1,350 from the New Hanover County General Fund. The additional
funding is needed to cover costs involved with trips to Raleigh, N. C. and Washington, D. C.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve
additional funding in the amount of $5,000 to the Port, Waterway and Beach Commission and to
approve the following budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #99-0110
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingencies$5,000
Outside Agencies/Physical and
Economic Development:
Port, Waterway & Beach Commission$5,000
CONSIDERATION OF REQUESTING THE N. C. DEPARTMENT OF
TRANSPORTATION TO REDUCE THE SPEED LIMIT ON AIRLIE ROAD
Assistant County Manager, Dave Weaver, reported that Dr. Bruce Williams, Director of the
Cooperative Extension Service and Airlie Gardens, has requested the Board to investigate a reduction
of the 45 mph speed limit on Airlie Road because of increased traffic with the opening of Airlie
Gardens.
Vice-Chairman Greer commented on the natural beauty of Airlie Road and stated he could
not support placing speed bumps, ornamental posts, or narrowing this road. He said that he was not
opposed to safety, but he did not want to change the character of a historic road.
Commissioner Birzenieks spoke in favor of reducing the speed limit and he suggested allowing
the City of Wilmington and N. C. Department of Transportation to decide if the speed limit should
be reduced.
Ms. Marty Bellamy, a resident of Bradley Creek Road and a member of the Friends of Airlie,
said there is concern about traffic at the entrance and exit of Airlie Gardens because of the passing
zone located in this area. With the opening of Airlie Gardens, fast moving traffic in this area would
be extremely dangerous. In the past, petitions have been circulated to request the Department of
Transportation to lower the speed limit to 35 mph because young people speed down the road to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 115
Wrightsville Beach during the summer months. She requested the Board to consider reducing the
speed limit.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to request the
N. C. Department of Transportation and City of Wilmington to review the speed limit on Airlie Road
and to determine if the speed should be reduced. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
REJECTION OF BID RECEIVED AT THE AUCTION HELD TO SELL TWO ACRES OF
COUNTY OWNED PROPERTY OFF MILITARY CUT-OFF ROAD
Chairman Caster reported that an auction was held on February 22, 1999 to sell two acres of
land off Military Cutoff Road owned by New Hanover County. The following bidders presented
proposals. The highest bid received was from Frank Incerto in the amount of $350,000. The in-house
appraisal conducted by the New Hanover County Tax Department valued the land at $400,000.
Earl M. Worsley, Jr., Worsley Real Estate Company
Jon T. Vincent, Gulf, Worsley & Cooper Properties, LLC
Davis Swain, Swain & Associates
Frank Incerto, Frank Incerto Real Estate
The following options are available to the Board:
(1) Reject the bid received and authorize Staff to return the 5% bid deposit to Frank Incerto and
re-advertise the sale of the property with hopes that a higher price will be offered.
(2)Accept the bid with the sale being contingent on the following items:
A.The sale is contingent upon conducting a Phase I Environmental Study.
B.The State CAMA Office or Corps of Engineers will be required to conduct a wetland
evaluation.
C.The soil boring must be completed.
D.All costs for testing detailed in 2.a, 2.b, or 2.c must be borne by the bidder.
E.The closing for the sale will be scheduled on April 8, 1999.
F.The County must provide the book and page number of the Registry containing the
survey.
Deputy County Manager Atkinson reported that Mr. Incerto was present and would like to
speak.
Mr. Frank Incerto, the high bidder, reported the asking price was $400,000; however, only
$200,000 was offered until he offered $350,000. He requested the Board to allow the standard rules
of auctions to prevail with establishment of minimums and maximums because many persons are
involved in the process. Mr. Incerto advised the Board that he felt the land was worth $300,000 to
$400,000.
Chairman Caster informed Mr. Incerto that initially, the County was informed the property
could be sold for $500,000. Since there is a need to raise money for completion of the Northeast
Branch Library, he would like to receive more money for the property.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reject the bid,
return the 5% bid deposit to Frank Incerto, and direct Staff to re-advertise the bid for sale of the
property. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Deputy County Manager Atkinson advised that during the auction process, Staff could not respond
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 116
to questions dealing with wetlands, the Phase I Environmental Study and soil borings. He requested
the Board to consider allowing Staff to have these studies performed so the results of the tests can
be shown to the bidders.
Commissioner Howell said the buyer should pay for the studies.
Deputy County Manager Atkinson responded this could be done as a contingency in the
bidding process.
SPECIAL USE PERMIT SUBMITTED BY JOHN M. COBLE FOR EXPANSION OF THE
TRAILS END RESTAURANT REMANDED BACK TO THE PLANNING BOARD
County Attorney Copley advised that Staff Planner Pete Avery would like to comment on the
John M. Coble petition.
Staff Planner Avery advised that a request has been received from Lonnie B. Williams, Jr.,
the attorney representing John M. Coble, to remand the request back to the Planning Board. He
explained that the site plan has been modified; however, it would not be necessary for the petition to
be remanded back to the Planning Board. He suggested postponing the hearing until the next regular
meeting of the Board of County Commissioners.
Commissioner Howell asked if it was legal for the Planning Board to rehear the petition.
Assistant County Attorney, Kemp Burpeau, reported on discussing this matter with Attorney
Williams and Attorney Lennon, and he stated the plan has been modified. It is the desire of Mr. Coble
to meet with adjacent property owners to see if the modified plan is acceptable. The Board of County
Commissioners can either remand the petition back to the Planning Board for a rehearing or continue
the item to the next meeting. In any event, Mr. Coble does not want the petition to be withdrawn
because of the time involved with rescheduling the hearing before the Board of County
Commissioners.
Motion:
After discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner
Howell to remand the petition back to the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADDITIONAL ITEMS
Announcement of Future Meetings
Chairman Caster announced the following meetings will be held:
Joint Meeting with New Hanover County Airport Authority
Airport Conference Room
March 10, 1999 - 7:30 A.M.
Joint Meeting with the Medical Center Board of Trustees
10th Floor Classroom, New Hanover Regional Medical Center
March 16, 1999 - 7:00 A.M.
Special Meeting on Wetlands
Room 501, New Hanover County Administration Building
March 18, 1999 - 10:00 a.m.
BREAK
Chairman Caster called a break from 7:45 p.m. until 8:05 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY NAOMI YOPP TO REZONE 39.9
ACRES AT 8605 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL. (Z-
644, 12/98)
Chairman Caster opened the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 117
Planning Director Dexter Hayes reported that the Planning Board voted unanimously to
recommend denial of the applicant’s request. The Planning Board agreed with Staff’s position that
rezoning the site would be premature in light of the N. C. Department of Transportation’s
negotiations to buy the property for road construction in conjunction with the Wilmington By-pass.
The Planning Board agreed with Staff and also felt the property was located too far from the
more established commercial node already in place at Porters Neck Road to the south. There was
no opposition at the Planning Board meeting.
Chairman Caster asked if the petitioner would like to comment.
Mr. Steve Warwick, representing the petitioner Ms. Naomi Yopp, commented on the growth
in the northern part of the County and he stated the site was located directly across the street from
other commercial zoning in the area. The tract has over 1,200 frontage feet on Market Street which
is enough space to perform a quality development. In conversations with the N. C. Department of
Transportation (NCDOT), the agency is looking at the property for an interchange; however, there
is no way to determine the time that will be involved with the NCDOT making a decision. The real
estate company is trying to sell the property, and the land is well suited for commercial development.
Chairman Caster asked if there was a designated time frame for the purchase of the property
by the NCDOT.
Planning Director Hayes stated that NCDOT was in the process of purchasing the right-of-
way properties based on the design.
Ms. Naomi Yopp, the petitioner, requested the Board to rezone the property for commercial
use so the tract can be sold to provide money to repair her property at Wrightsville Beach.
Ms. Alice Hardee, representing Ms. Yopp, requested the Board to write the local Department
of Transportation to see if a time frame has been set for purchasing Ms. Yopp’s property
Commissioner Howell asked if the Board could encourage the Department of Transportation
to expedite the process.
Planning Director Hayes stated the right-of-way purchases should be completed by the end
of the year.
Chairman Caster asked if any other persons present would like to comment.
There being no other comments, Chairman Caster closed the Public Hearing.
Motion:DENY
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to the
rezoning request as recommended by the Planning Board since the N. C. Department of
Transportation is currently in negotiations to purchase the site for road construction in conjunction
with the Wilmington By-pass and to authorize the Chairman to write a letter to the N. C. Department
of Transportation encouraging the agency to expedite the process or at least provide a date to Ms.
Yopp as to when the property will be purchased. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST FROM ROGER JOHNSON TO REVISE
THE APPROVED SITE PLAN FOR JOHNSON MARINE TO PERMIT THE EXTENSION
AND EXPANSION OF BOAT STORAGE ON ADJACENT PROPERTIES AND TO
REAFFIRM THE ORIGINAL SPECIAL USE PERMIT APPROVED IN 1973 (S-72, 10/73:
REVISION 10/98)
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.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 118
The following persons were sworn in:
Dexter Hayes
Austin Hatcher, Jr.
John Hooton
Susan McDaniel
George Rountree, III
Buck O’Shields
Kenneth Shanklin
Cindee Wolf
Planning Director, Dexter Hayes, reported that the Planning Board voted unanimously to
recommend approval of the petitioner’s request to reaffirm the original Special Use Permit granted
in 1972 and to permit the expansion of boat storage onto adjacent property north of Turner Nursery
Road. The Planning Board did make the following changes: (1) incorporation of a Memorandum of
Understanding between the petitioner and area residents concerning the conditions under which the
marina would operate; (2) require no operational time limits for the boat ramp; (3) deny the request
for a perpetually barred dry-stack boat storage; and (4) require the petitioner to erect all fencing on
the property to comply with site visibility at intersections along adjacent roads.
Most of the public comments at the Planning Board meeting favored the petition because the
Memorandum of Understanding was satisfactory to adjacent property owners. A few speakers felt
the restrictions on the ramp were too stringent and argued they should be lifted. In support, the
Planning Board was presented statistics on the number of boats registered in New Hanover County,
noting that the demand for access to the water continues to grow.
Attorney Kenneth Shanklin, representing the applicant, reported the Memorandum of
Understanding had been modified to better satisfy the neighboring properties. He advised that
Attorney Susan McDaniel would explain the changes in the site plan. The site plan is based on an
addendum to the Memorandum of Understanding. A part of the agreement states that if the Board
decides to add or delete restrictions, the hearing will be postponed for 30 days.
Attorney Susan McDaniel, representing the applicant Roger Johnson, presented a revised site
plan and the following changes to the Memorandum of Understanding:
Paragraph 3.a shall be deleted and the following language shall be substituted:
Fencing: Fencing as shown on the site plan along Turner Nursery Road shall be erected
within 60 days of approval of the Special Use Permit by the New Hanover County Board of
Commissioners. The remainder of the fencing shown on the site plan shall be erected within
90 days of approval of the Special Use Permit by the New Hanover County Board of
Commissioners. All fencing shall be of similar quality and appearance as the existing fence
on the Virginia Reich property bordering the 18 foot wide easement, and the fencing shall be
maintained by Johnson Marine. Shrubbery shall be planted and maintained in accordance with
the site plan. Planting shall commence within 30 days after erection of the required fencing,
and shall be completed no later than October 1, 1999.
Paragraph 3.a (1) shall be deleted and the following language shall be substituted:
Fencing Along the Private Road into Johnson Marine from Turner Nursery Road: Johnson
Marine shall erect an 8 foot high fence along the southern right-of-way line of the private road
shown on the site plan, commencing at the entrance/exit sign at the intersection of said private
road with Turner Nursery Road to a point approximately 50 feet southeast of the
entrance/exit sign.
Paragraph 3.c shall be deleted and the following language shall be substituted:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 119
Future Expansion: Johnson Marine will not construct dry stack storage facilities on the
Special Use Permit area referenced in the application and shown on the site plan until January
1, 2010. Johnson Marine will not use the property on the south side of Turner Nursery Road
for commercial use, specifically including customer parking or boat storage, until January 1,
2010. Nothing in this agreement shall be construed as an agreement on the part of the
neighbors to refrain from objecting to any future proposal for dry stack storage.
Paragraph 3.g shall be deleted and the following language shall be substituted:
Launch Ramp Area: A sign shall be posted at the launch ramp area as shown on the site plan.
The hours of operation of the launch ramp shall be between 5:00 a.m. and 11:00 p.m., except
for emergencies.
In closing, Attorney McDaniel reported that Mr. Austin Hatcher, a licensed real estate broker,
would provide testimony regarding the proposed use not substantially injuring the value of adjoining
properties.
Mr. Austin Hatcher reported he has been a licensed broker in the State of North Carolina
since 1990 and a registered certified appraiser in the State of North Carolina since 1991. After
reviewing the prices of homes sold near Johnson Marine, he found that properties have greatly
increased in value. Johnson Marine has been in operation for 30 years and there is no indication that
any surrounding properties have suffered a loss in value. Based on his expert opinion, the proposed
site plan will greatly improve the aesthetics at Johnson Marine and the issuance of the Special Use
Permit will not substantially injure the value of adjoining or abutting properties.
Attorney Shanklin presented pictures of the signs to be placed at Johnson Marine. He
informed the Board that the application and site plan did meet the four general requirements as
outlined in the special use process.
Attorney George Rountree, III, representing adjacent property owners, Joe Johnson, Sr.,
Julian Walker, and Virginia and Tom Reich, stated his clients signed the addendum to the
Memorandum of Understanding this afternoon contingent upon having an opportunity to review any
modifications made by the Board of County Commissioners. Attorney Rountree informed the Board
that his clients feel the evidence presented is accurate and sufficient, and he stressed the importance
of the site plan reflecting the exact location of the fencing and submission of this location to the
Planning Department within 10 days as outlined by Attorney Shanklin. He requested the Board to
grant the Special Use Permit.
In concluding his remarks, Attorney Rountree expressed appreciation to Attorney Shanklin
and Attorney McDaniel for the cooperative efforts given to draw up an agreement that satisfied the
neighbors.
Mr. Buck O’Shields expressed appreciation to the Board for an opportunity to speak at the
Public Hearing. He commended both parties for working out an satisfactory agreement with the
adjacent neighbors. He said as a member of the general public and a boat owner, he feels a number
of issues should be presented.
(1)The Special Use Permit is for expansion of Johnson Marine, which provides access to the
public waters. There are only five public access marinas. When reviewing the information
from the Planning Board, approximately one out of every twelve persons in New Hanover
County owns a boat. It is important to understand the meaning of Johnson Marine to the
boating public of this area. Also, this facility is a public necessity and it should be encouraged
to grow.
(2)To limit the hours of operation is of concern. Fisherman who do not know about the
proposed time constraints could use the marina late at night. Having law enforcement
officials to respond during early morning hours could become a nuisance for surrounding
neighbors.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 120
(3)To prohibit the dry-stack storage until January 1, 2010, is not an advantage to the citizens of
the county with the current shortage of storage space.
In closing, Mr. O’Shields said limiting the hours of operation could become an enforcement
problem for law enforcement officials as well as the neighborhood.
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 on the following findings:
A. No additional water and sewer service would be needed to accommodate the expanded boat
storage. Existing systems would be utilized to service buildings and operations approved by
the original permit.
B. The site is located in the Ogden Volunteer Fire Department District.
C.The site has access to Turner Nursery Road, labeled as Waters Road on the site map.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Commercial marinas and appurtenant uses are permitted by Special Use Permit in the R-20S
Zoning District. The property is zoned R-20S. When the original Special Use Permit was
granted, the site was zoned R-20
B. The applicant seeks to expand the scope of the original permit to accommodate boat storage
that is currently taking place on two adjacent properties. Boat storage is a permitted activity
under a legally issued special use permit for a commercial marina.
C.Although retail uses are permitted, the applicant proposes no expansion of those services.
D.A buffer yard consisting of plantings and a 6 foot high solid fence is proposed to screen the
boat storage from view of adjacent property owners.
E. Night lighting is permitted provided it does not shine onto adjacent properties. No detail on
lighting plans is provided.
FParking is required at a ratio of one space per boat slip and one space per two dry storage
facilities. Existing parking is adequate and the existing storage is open-air. It is not housed
in any building.
G.A site plan as required has been submitted.
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 on the following findings:
A.The existing facility, excluding the storage of boats that has spilled over onto adjacent
properties and the small repair shop, predates zoning for the area and even predates some of
the homes in the area. No evidence has been presented to indicate that the facility as
operated has negatively impacted property values, however, permitting uncontrolled
expansion could impact values, especially if the expansion does not take into account the land
use pattern of the area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 121
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A. There are several commercial marinas located in the County in the midst of residentially zoned
areas. The existing facility predates zoning and has been in continuous use since the 1960's.
It was granted a Special Use Permit in 1973, which essentially validated the operation.
Chairman Caster asked if the applicant concurs with the findings of fact.
Attorney Shanklin stated the applicant agreed with the findings as presented.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the
Addendum to Special Use Permit S-72 as outlined in the Memorandum of Understanding for Johnson
Marina to expand the boat storage on adjacent properties based upon the evidence presented and
findings concluding that the use will use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved; the use
meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially
injure the value of adjoining or abutting property or that the use is a public necessity; and the location
and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the revised Special Use Permit is hereby incorporated as a part of the minutes and
is contained in SUP Book II, Page 25.
Chairman Caster, on behalf of the Board, expressed appreciation to the applicant, attorneys,
and neighbors for working together to work out a satisfactory agreement.
BREAK
Chairman Caster called a break from 9:00 p.m. until 9:05 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY JON VINCENT TO REZONE A .84
ACRE AT LOT 4, MYRTLE GROVE BUSINESS PARK IN THE 5600 BLOCK OF
CAROLINA BEACH ROAD TO CONDITIONAL USE B-2 BUSINESS FOR
OFFICE/WAREHOUSE FROM OFFICE AND INSTITUTION. (Z-648, 2/99)
Chairman Caster opened the Public Hearing and announced that the conditional use process
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:
Dexter Hayes
Jon Vincent
Barbara Dinkins
Planning Director, Dexter Hayes, reported that after considering the details of the applicant’s
plan, public comments concerning access to Lobos Lane, and the general land use pattern in the area,
the Planning Board voted unanimously to recommend approval of the Conditional District B-2 Use
with the condition that no access be provided to Lobos Lane. Public comments received at the
meeting focused on the use of Lobos Lane by non-residential traffic and the impact of the planned
facility on an adjacent residential structure. Staff advised the Planning Board to recommend B-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 122
Zoning, noting the need for conditional use zoning had diminished based on surrounding land uses.
Planing Director Hayes presented the following Staff findings:
The Board must find that the use will not materially endanger the public health or safety
1.
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.The site has water and sewer.
B.The site is located in the Myrtle Grove Business park with access to Carolina Beach Road.
C.The site is located in the Myrtle Grove Volunteer Fire Department District.
The Board must find that the use meets all required conditions and specifications of the
2.
Zoning Ordinance based upon the following findings:
A.A site plan pursuant to the Zoning ordinance has been submitted.
B.Required setbacks, buffer yards and other design requirements have been substantially met.
The Board must find that the use will not substantially injure the value of adjoining or
3.
abutting property or that the use is a public necessity based on the following findings:
A.The site is located very near an existing residence which is used in part as a hair salon.
B.The site is already zoned O-I and B-2 permitting a wide range of development non-residential
opportunities.
The Board must find that the location and character of the use if developed according to
4.
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A.The site is located in an approved business park. One lot of the park is occupied by a
veterinary clinic. Land to the north is zoned B-2 Business and Office and Institution and
developed with a wide variety of commercial uses. Land across the highway is similarly
zoned and developed.
Chairman Caster asked if the petitioner would like to comment.
Mr. Jon Vincent, the petitioner, presented a map and site plan of the property and he
requested the Board to rezone the property from Office and Institution to Conditional Use B-2
Business for an office/warehouse facility. The building will be designed to appear as three office units
instead of a warehouse. The structure will blend well with surrounding properties, and a 6 foot fence
will be constructed down the property line and in the back of the site next to Ms. Horne’s property.
He requested the Board to approve the Special Use Permit.
Chairman Caster asked Mr. Vincent if he agreed with the findings of fact as presented.
Mr. Vincent concurred with the findings of fact.
Chairman Caster asked if any other persons sworn-in would like to testify.
Ms. Barbara Dinkins, a resident of 1017 Rosa Parks Lane, spoke in opposition to the rezoning
because her son would be living next to the proposed office/warehouse structure. She requested Mr.
Vincent to explain the site plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 123
Mr. Vincent showed Ms. Dinkins the site plan and he explained how the buildings would be
located on the property. He noted that a fence would be placed in front of the property to protect
adjacent properties.
Ms. Dinkins expressed concern for noise and lighting, but stated after seeing the design of the
plan, she felt more comfortable with the proposal.
There being no other comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to rezone the
.84 acre located at Lot 4, Myrtle Grove Business Park in the 5600 block of Carolina Beach Road to
Conditional Use B-2 Business Zoning for the location of a office/warehouse structure on the site.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
ZONING AREA NO.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL
7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section
4, Page 53.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a
Special Use Permit to Jon Vincent for an office/warehouse complex based upon the evidence
presented and findings concluding that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved; the use
meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially
injure the value of adjoining or abutting property or that the use is a public necessity; and the location
and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 25.
BREAK
Chairman Caster called a break from 9:10 p.m. until 9:35 p.m.
PUBLIC HEARING TO CONSIDER REQUEST BY SANCO OF WILMINGTON SERVICE
CORPORATION TO APPEAL THE DECISION BY THE TECHNICAL REVIEW
COMMITTEE (TRC) DENYING APPROVAL OF GRAND BAY AT BEAU RIVAGE FOR
78 UNITS
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that SANCO of Wilmington Service Corporation
was appealing the decision by the Planning Board’s Technical Review Committee (TRC) denying
approval of the Grand Bay at Beau Rivage project for 78 units. Grand Bay is located on the west
side of River Road, south of Sanders Road across from Beau Rivage. The TRC’s decision to deny
the project was based on site alteration of the natural topography (100 year flood line) in order to
achieve a great cluster density of 2.5 units per acre.
Planning Director Hayes presented the following chronological history on the Beau Rivage
project:
5/22/86
:The Beau Rivage Plantation Performance Residential site plan was approved by the
County for 1,153 lots/units. The zoning district is R-15 Residential. Net buildable
acreage of 461 acres includes Tracts 2, 3, and 4 on the west side of River Road. To
date, approximately 287 final lots have been approved in Beau Rivage by the County.
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MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 124
11/12/97:
The Turtle Cay project at Beau Rivage was approved by the Planning Board’s
Technical Review Committee for 72 units. Turtle Cay is located on the west side of
River Road on a portion of Tract 3. Concern was expressed by the TRC and CAMA
regarding inconsistencies in the adopted Land Use Policies.
1/14/98:
The South Amsbury project at Beau Rivage was approved by the Planning Board’s
Technical Review Committee for 57 units. South Amsbury is located on the west side
of River Road on a portion of Tract 3 and the Elliott’s Place development. Again,
concern was expressed by the TRC regarding inconsistences in the County’s adopted
Land Use Policies, specifically the modification of the natural 100 year flood line in
an effort to obtain a cluster density greater than 2.5 units per acre.
4/22/98:
The Grand Bay project at Beau Rivage was reviewed and tabled by the TRC based
on Land Use Plan inconsistencies. The proposed project is located on the west side
of River Road across from Cathay Road and encompasses Tract 2.
5/13/98:
The Planning Board’s Technical Review Committee denied approval of the Grand
Bay project at Beau Rivage for 78 units. Denial of the project by the TRC was based
on the modification of the site’s natural topography and the 100 year flood line
displayed as Conservation in the County’s Land Use Plan in order to obtain a cluster
density greater than 2.5 units per acre. Based on the County’s adopted 1993 Land
Use Plan, areas designated as Conservation generally include all marshes and adjacent
lands within the 100 year floodplain. The intent of the conservation designation is to
provide for long-term management and protection of significant, limited, or
irreplaceable natural resources. Exceptional developments preserving natural features
are permitted; however, the residential density should never exceed 2.5 units per acre.
Alternatives were suggested by the TRC. One suggestion was to modify the Grand
Bay project to reflect a total of 50 units. This redesign would more accurately reflect
other marsh and waterfront development throughout the County in accordance with
current Land Use Policies.
Planning Director Hayes stated the Board of County Commissioners can consider the
following options:
?
Confirm the decision made by the Planning Board’s Technical Review Committee. The
developer would be free to resubmit a revised plan to the TRC for approval.
?
Modify the plan consistent with the rules and regulations of New Hanover County.
Planning Directors Hayes noted that the TRC had a problem with the allocation of additional
density in the Grand Bay project since the area is classified as conservation under the County’s Land
Use Plan. The location of the conservation classification was originally mapped according to the
floodplain boundaries in the existing Land Use Plan. The floodplain boundaries on the original map
show a 10 foot elevation, which allows density of 2.5 units per acre. The applicant’s proposed plan
shows an alteration of the natural topography (100 year flood line).
Planning Director Hayes presented a map showing the topography of the site reflecting the
10 foot contour.
Commissioner Davis asked if SANCO did anything improper by changing the topography.
Planning Director Hayes responded that changing the topography was not improper; however,
a problem occurs when a developer tries to capture additional density beyond the original property
conservation classification of 2.5 units per acre.
Commissioner Davis stated as he understands the issue, the project originally started out being
classified as conservation with a maximum density of 2.5 units per acre. Regardless of what
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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is done to the topography, it will still remain within the conservation classification which cannot
exceed 2.5 units per acre according to Land Use Policies.
Planning Director Hayes said the statement made by Commissioner Davis was correct.
Vice-Chairman Greer stated if a person owns a 10 acre tract of property zoned R-15
Residential, how many units could be built on the property.
Planning Director Hayes responded 25 units.
Vice-Chairman Greer stated if the 10 acre tract contains a pond the size of 2 acres, how many
units could be placed on the property.
Planning Director Hayes responded if the pond was preserved in its natural state, the property
owner would still be able to build 25 units.
Vice-Chairman Greer requested Planing Director Hayes to explain the difference in density.
Planning Director Hayes explained that the Grand Bay project was just one section of the
entire Beau Rivage project. The basic issue is that the property has been classified conservation,
which cannot exceed 2.5 units per acre.
Discussion followed on the boundary lines on the map showing where the site’s natural
topography was altered to obtain a greater density of 2.5 units per acre. Planning Director Hayes said
the topography could be altered, but under the conservation classification, the units cannot exceed
2.5 units per acre.
Vice-Chairman Greer noted that if the parking lots had been switched, the project would be
allowed under existing rules and regulations.
Planning Director Hayes referenced Section 51.5 of the Zoning Ordinance, which states under
Performance Residential, the residential units shall not be clustered at a density greater than 2.5 units
per acre in areas classified conservation, rural and resource protection.
Commissioner Davis commented on the chronological history of the Beau Rivage project and
he noted there were inconsistencies to Land Use Policies referenced by the TRC when the Turtle Cay
and South Amsbury projects were approved. He requested an explanation of why the TRC approved
the projects.
Planning Director Hayes responded the TRC approved both projects even though they were
not satisfied with a few inconsistences to the Land Use Plan. Under the Grand Bay project, the
inconsistences are more flagrant.
Attorney Gary Shipman, representing the petitioner, reported the issue before the Board of
County Commissioners is much larger than the Grand Bay project. The issue is whether or not rules
are rules, or whether we are going to make up rules as we go along and impose requirements upon
the developer that the Planning Staff wishes were there, but were not in place at the time the Grand
Bay project was submitted. This project meets all technical requirements of the applicable
ordinances that were in existence at the time the application was submitted. The plan does nothing
more than permit SANCO to develop this property in accordance with the ordinances and the Land
Use Plan that is in effect today. The Planning Staff has proposed changes to the Land Use Plan to
meet the situation. Those changes do not exist today. The Planning Staff is attempting to
superimpose a requirement on this plan that does not exist. This property is a Performance Residential
part of Beau Rivage. Plans for this particular project were approved in 1986 with 1,153 total units.
With the understanding that the property in was a Performance Residential part of Beau Rivage, Mr.
Nathan Sanders purchased the property.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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Attorney Shipman informed the Board that the proposed plan calls for a total of 78 units on
a 20 acre site. He presented an artist rendering showing where the units will be located, the
topography and the landscaping of the adjacent site. Attorney Shipman stated that Staff’s comments
in the media and the presentation to the Board seem to suggest that the development will be
constructed along the Cape Fear River, when in fact, the area in which the units are to be constructed
only constitutes 3.42 acres of the entire 20 acre site. When reviewing the comments by Staff, you
would think we are dealing with an area of environmental concern within the jurisdiction of the state
and federal governments as well as destroying sensitive shellfish and nursery areas. As indicated by
the Planning Director, the site is an upland sandy site. A detailed stormwater runoff plan will have
to be approved by state and federal agencies. No negative comments have been received from these
agencies.
Attorney Shipman noted that if the parking areas had been switched on the river side, the
project would not be eligible for approval. He said under the proposed plan the aesthetics of the
project will be maintained and the natural resources will be protected. The proposed project does
meet all requirements outlined in the Land Use Plan and County Ordinances.
Chairman Caster requested Attorney Shipman to explain why switching the parking areas
became a problem.
Attorney Shipman responded that switching the parking areas would result in the units being
constructed in a conservation area. He stated when the application was submitted, there were two
previous projects, Turtle Cay and South Amsbury, and no one questioned the integrity of the projects.
These projects were approved under the same rules relative to the Grand Bay project. Now the rules
are going change. In March 1998, the Planning Staff submitted to the Planning Board and the TRC
a proposed text amendment entitled, “Clarification of the Density Calculation in Areas Classified
Conservation in the Land Use Plan.” There were serious implications to the proposed text
amendment and it was tabled by the Planning Board. The Planning Staff has requested the Board of
County Commissioners to review the Grand Bay project as if the text amendment had been approved.
The text amendment does not yet exist and the Grand Bay project meets all the technical requirements
of ordinances in effect at this time.
Attorney Shipman stated in order to find out if the property was located within the 100 year
floodplain, Hanover Design Services, P.A. was contacted to make an on-site survey. The results of
the survey concluded that the area where the units will be constructed are not located in the 100 year
floodplain. The site modifications were made prior to the plan submitted by SANCO, but there are
no regulations in the Land Use Plan or County Ordinances that prohibit site modifications in any area,
including the conservation zone. There is no evidence before the Board of County Commissioners
or before the TRC that the area where these units are to be constructed was ever in the floodplain.
The project meets the technical requirements of the ordinances, is consistent with the Land Use Plan,
and does not threaten any natural resources.
Attorney Shipman advised that SANCO followed the rules and has a project featured in
Southern Living as well as another development of historical homes on the Cape Fear River. SANCO
is a quality developer; therefore, this company has the right to expect the County to follow its own
rules. He requested the Board to approve the plan as submitted because the current ordinances and
Land Use Plan have been followed.
Commissioner Davis said if the construction site is more than 10 feet high, the area cannot
be in a conservation area. He requested the Planning Director to step forward to review the map, and
he asked if the site where the units are to be constructed is higher than 10 feet.
Planning Director Hayes stated after the site was filled in with sand, the area was higher than
10 feet. He requested Commissioner Davis to review the natural topography map which shows how
the site was altered to achieve a greater density in a conservation area.
Attorney Shipman advised the Board that no member of the Planning Staff could tell the
Commissioners what the natural topographic features of the area were at any given time. There are
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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too many inconsistencies on the maps. The only way to make this determination is an on-site survey,
which has been performed by Hanover Designs and proves that the area is more than 10 feet high
which cannot be classified as a conservation area.
Chairman Caster asked who defines the conservation classification.
Planning Director Hayes replied the Board of County Commissioners.
Attorney Shipman said the Land Use Plan defines adjacent land within the 100 year floodplain
classified as conservation. There is no regulation in place that says the determination must be based
upon the site in its natural state.
Commissioner Davis asked who established the 10 foot height of the floodplain.
Attorney Shipman responded he though this determination was made by FEMA.
Planning Director Hayes presented a map showing the conservation area, and he explained
when preparing the Land Use Plan, the existing topographic map was based on the existing floodplain
elevations at the time the Land Use Plan was adopted by the City Council and Board of County
Commissioners. If areas are filled in or the elevation is changed, the classification map does not
change. There is a process to amend the map by removing an area from the conservation
classification.
Mr. Greg Wayne, representing Hanover Design Services, P.A., explained the historical data
was collected from one storm in 100 years. This is an accurate topographic map of the site that
indicates the site does not fall in the 10 foot floodplain. As a licensed engineer, he would certify the
findings. The County’s topographic map and the Land Use Plan map cannot be used to define the
line without an on-site visit.
Assistant County Manager Weaver asked Mr. Wayne if the survey was performed before the
site modifications.
Mr. Wayne responded he had not seen the site until the survey was performed.
Commissioner Davis stated if Mr. Wayne had surveyed the area before the site modifications,
all parties would know if the site was originally above 10 feet. Now, it is not possible to make this
determination. This means that the sand should not have been moved to make it higher to obtain
density over 2.5 units per acre. Once the site is classified conservation, this classification remains in
place.
Commissioner Birzenieks requested comments from the Legal Department.
Deputy County Attorney, Kemp Burpeau, reported the issue deals with the Zoning Ordinance
which says the density cannot exceed 2.5 units per acre in a conservation area. After hearing the
previous discussion, the Board may want to modify the Land Use Plan to address the floodplain
elevation. It would be appropriate for the Board to wait until the Commissioners revise the Land Use
Plan or request a modification of the conservation area.
Further discussion followed on how to modify the conservation area. Planning Director
Hayes advised that the conservation map would have to be redrawn. The amendment would have
to be approved by the Board of County Commissioners, the Wilmington City Council, and Coastal
Resources Commission.
Vice-Chairman Greer expressed concern for missing the point, and he stated the evidence
presented by the surveyor shows that the site was not in the conservation area. No one knows
whether the site was in the conservation area before the modifications were made. He asked if the
developer should be held responsible under the assumption that he was in error at the beginning of
the project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 128
Deputy County Attorney Burpeau said an argument could be made that a prudent developer
would ascertain whether the property was in the conservation area prior to filling in the site. The site
modifications occurred before the survey was made.
Attorney Shipman advised that the reality of the matter is that the 100 year floodplain line is
not a permanent line. It is an ever changing line that is impacted by a hurricane, northeaster, or
storm. The Land Use Plan does not say the determination of the elevation must be made upon the
natural topographic features of the site. There are no rules that can be imposed upon the developer.
Mr. Nathan Sanders stated he had been developing land in New Hanover County for 20 years.
The company has always abided by the Zoning Ordinance, Land Use Plan, and permitting process.
This is a classic case of how ordinances are interpreted. Documents have been provided from the
County saying this project is in a conservation zone. Another document has been provided by a
registered surveyor who says the site is not in a conservation zone. At the first TRC meeting, it
appeared that the Grand Bay project was denied because the TRC did not want this type of
construction to occur on the Cape Fear River. At the second meeting, the plan was denied because
the site was classified as conservation, which means the density cannot exceed 2.5 units per acre.
Also, Staff Planner Sam Burgess was quoted as saying:
“Floodplains like wetlands act like sponges to help absorb excessive rainfalls. They are also
breeding grounds for fish and shellfish. These breeding grounds are destroyed when sand is
dumped on them.”
Mr. Sanders said these statements were a total misrepresentation because the site is a sandhill
with no estuarine areas. It is felt the TRC did not judge the project on its merits because the members
did not want more development on the Cape Fear River.
Commissioner Davis asked Mr. Sanders if he determined whether the site was in the
floodplain at the beginning of the project
Mr. Sanders responded he did not feel there was a need to make this determination. With the
inconsistencies in the County and FEMA maps, there is no way to make the determination without
a survey of the site by a licensed surveyor. He requested the Board to approve the project.
Ms. Judy Wilson, a resident of 6632 River Road, commented on the amount of development
in the area with the Turtle Cay and South Amsbury projects, and she urged the Board to take a close
look before approving the project and to amend the necessary ordinances to protect the natural
resources, particularly water quality.
Chairman Caster closed the Public Hearing.
Commissioner Howell noted that in the future, he plans to propose the special use process for
these types of projects.
Commissioner Davis commented on the need to amend the existing ordinances to clearly
define the floodplain and conservation areas, and he stated the developer should have determined if
the area was in a conservation zone before altering the site.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the
Grand Bay project at Beau Rivage for construction of 78 units. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Greer
Voting Nay:Commissioner Davis
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 129
Motion:
After discussion of the need to clearly define the floodplain and conservation areas in
existing ordinances and polices, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Howell to request the Planning Staff to immediately review current ordinances and policies and to
prepare recommended changes to be presented to the Board at a future meeting so confusion can be
eliminated in future projects of this type. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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 at 11:11 p.m. to hold a regular meeting of
the Water and Sewer District.
Chairman Caster reconvened to Regular Session at 11:19 p.m.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Scheduling a Joint Meeting with the Wilmington City Council
Chairman Caster requested the Board to consider scheduling a joint meeting with the City
Council to discuss issues of mutual concern such as Legion Stadium, Parks, Drainage, Water and
Sewer Services, and greenspace.
Consensus:
It was the consensus of the Board for the Chairman to write a letter to Mayor Hicks
requesting a joint meeting with the City Council.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:25 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board