1999-05-03 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 230
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May
3, 1999, at 6:30 p.m. in the New Hanover County Judicial Building, Courtroom 317, 116 Princess
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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Lucie F. Harrell, Clerk to the Board, 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 has been reserved to allow anyone from the public to
present an item that was not listed on the Regular Agenda or comment on an item that was listed on
the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes.
Mr. Jim Medlin, a resident of 4814 College Acres Drive, reported last week the Wilmington
City Council adopted a resolution pertaining to studying the merits of consolidation. He said the
resolution contains specific provisions that were not in the resolution adopted by the Board of County
Commissioners.
On behalf of a group of citizens who feel consolidation should be addressed, Mr. Medlin
urged the Board of County Commissioners to meet with the Wilmington City Council to see if a
compromise can be worked out to perform a study of consolidating the two governments. Also, the
group would like to see a citizens group appointed in conjunction with the group of professors
desired by the City to perform the study.
Chairman Caster advised that he had discussed this matter with Councilmember Jim Quinn
and Councilmember Charlie Rivenbark. He said since the Public Forum on Consolidation has been
held, he felt it would be appropriate for both governing bodies to meet to discuss consolidation as
well as other items. He expressed optimism about the City Council and Board of County
Commissioners being able to reach a compromise on the differences in the resolution so both
governments can move forward with a consolidation study.
Chairman Caster read a letter drafted to Mayor Hicks and he requested the Board to authorize
him to forward the letter to the Mayor and members of the City Council.
Consensus:
It was the consensus of the Board to authorize Chairman Caster to forward the letter
to the City Council as requested.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested removal of Consent Agenda Item 3 and removal of the minutes
for the Special Meeting of March 15, 1999. These minutes will be placed on the May 17, 1999
agenda for approval.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove
Consent Agenda Item 3, remove the minutes for the Special Meeting of March 15, 1999, and approve
the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 231
The Commissioners approved the minutes of the Regular Meeting of April 19, 1999, as presented by
the Clerk to the Board.
Approval of Correction in Tax Computation for the Hills Department Store Tax Appeal
The Commissioners approved the recalculation of figures by the Tax Department for the Hills
Department Store tax appeal. Hills Department Store is responsible for the following assessed tax
values:
1996$625,326
1997$569,742
1998$507,209 (without penalty) and
$692,853 (with a 10% penalty) for a total of $1,200,062, which
represents a reduction of $256,261.
Since the April minutes were approved with the original figures presented by the Tax Department
on April 19, 1999, the Clerk to the Board was requested to correct the minutes to reflect the new
computation.
Award RFP #99-0239 (Contract #99-0239) to Neilson Travel Partners, Ltd. to Provide Travel
Services for New Hanover County
The Commissioners awarded the travel services contract #99-0239 to Neilson Travel Partners,
Ltd. The Chairman was authorized to execute the necessary contract documents.
A copy of the contract is in file in the Legal Department.
Designation of the Department of Aging as the Lead Agency for the 1999-2000 Home &
Community Care Block Grant Funds and Acceptance of 1999-2000 Grant Funds and Health
Grant Monies
The Commissioners designated the Department of Aging as the Lead Agency for the 1999-
2000 Home & Community Care Block grant funds, and the Board accepted Home & Community
Block grant funds in the amount of $712,058. The Commissioners also accepted receipt of Title III-
F Health Promotion funds in the amount of $8,619. The Chairman was authorized to execute the
necessary documents.
Approval of the Cape Fear Council of Governments Senior Center Outreach Contract and
Approval of Budget Amendment #99-0144
The Commissioners approved the Cape Fear Council of Governments Senior Center Outreach
contract and the associated budget amendment in the amount of $2,129 to the Department of Aging
for expansion of nutrition services in the New Covenant Holiness Church facility one day a week.
Funds will be used to purchase a steam table, food carriers and other supplies necessary to the daily
operation of the nutrition site. The 10% match in the amount of $237 has been approved in the 1998-
99 budget for the Department of Aging. The Chairman was authorized to execute the necessary
documents.
Budget Amendment #99-0144 - Department of Aging/Administration/
Nutrition-Congregate
DebitCredit
Aging/Administration:
Nutrition/Outreach Grant $2,129
Aging/Nutrition - Congregate:
Nutrition Supplies$2,129
Purpose:
To budget Outreach Funds received by the Department of Aging.
Acceptance of Funding from the Corporation for National Services for VISTA Mileage
Reimbursement and Training and Approval of Associated Budget Amendment #99-0143
The Commissioners accepted funding and approved the associated budget amendment in the
amount of $1,500 to the Department of Aging from the Corporation for National Service to cover
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 232
mileage and training expenses for the VISTA volunteer assigned to the Department of Aging from
January 17, 1999 to January 17, 2000. The monies require a $200 match which has been approved
in the 1998-99 budget for the Department of Aging. The Chairman was authorized to execute the
necessary documents.
Budget Amendment #99-0143 - Department of Aging/Administration/
Senior Center
DebitCredit
Aging/Administration:
Department of Aging Grant $1,500
Aging/Senior Center:
Senior Center/Volunteer Reimbursement $1,500
Purpose:
To budget funds received from the Corporation for National Services.
Adoption of Resolution to Request the N. C. Department of Transportation to Add Roads in
West Bay Estates to the State Highway System
The Commissioners adopted a resolution to request the N. C. Department of Transportation
to add the following roads in West Bay Estates to the State Highway System:
Torchwood Boulevard
Beacon Drive
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 11.
Approval of Budget Amendment #99-0137 to Reclassify and Record the Debt Service Payments
from the County’s Public Schools Fund to the General Fund for the 210 Acres of Land
Purchased by the County at Pilot’s Ridge for a Park/School Complex
The Commissioners approved the following budget amendment to reclassify and record the
debt service payment from the County’s Public School Fund for the land purchased by the County
at Pilot’s Ridge for a park/school complex:
#99-0137 - Various
Debit Credit
GENERAL FUND
Commissioners’ Office:
Appropriated Fund Balance $401,268
Installment Lease Payments:
Installment Payments$251,892
Public Schools/General:
Transfer to Public Schools$149,376
PUBLIC SCHOOLS FUNDS
New Hanover County Schools:
Transfer In from General Fund$149,376
Installment Lease Payments$251,892
Appropriated Fund Balance$401,268
Approval of Budget Amendment #99-0141 - Cooperative Extension Projects
The Commissioners approved the following budget amendment to budget revenues and
expenditures from all special projects accounted for within Fund 560:
#99-0141 - Cooperative Extension Projects
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 233
DebitCredit
Other Revenues$80,000
Cooperative Extension Project Expenses$80,000
POSTPONEMENT OF CONSENT AGENDA ITEM 3 - CONTRACT #99-0352 TO CGA
CONSULTING SERVICES FOR PHASE II OF A SPACE STUDY ASSESSMENT FOR THE
SHERIFF’S DEPARTMENT
Chairman Caster requested the Board to postpone this item because discussion is being held
on the possibility of allowing a private company to build a juvenile detention and adult facility for the
entire region. If this goal can be accomplished, it would be possible for Pender, Brunswick,
Columbus and New Hanover counties to have one facility. Time is needed to work with the State
Legislature regarding the present law that requires each Sheriff to be responsible for their inmates
regardless of the jurisdictional location of the detention facility. Meetings need to be scheduled with
each Sheriff and the elected officials from adjoining counties to discuss this concept. If all parties are
in favor of this idea and the State law can be changed to allow construction of a multi-county
detention facility, a significant amount of money can be saved by each local government.
Consensus:
After discussion, it was the consensus of the Board to postpone this item to provide time
for Chairman Caster to discuss this matter with the Sheriff and County Commissioners of the
adjoining counties.
ADOPTION OF PROCLAMATION DECLARING MAY 1999 AS “FOSTER PARENT
APPRECIATION MONTH” IN NEW HANOVER COUNTY.
Chairman Caster requested the Board to adopt a proclamation recognizing May 1999 as
“Foster Parent Appreciation Month” in New Hanover County.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a
“Foster Parent Appreciation Month”
proclamation declaring May 1999 as in New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster, on behalf of the Board, presented the proclamation to Mr. Larry Stukes,
a foster parent, and he expressed appreciation to all foster parents who give of their time to help
children that are victims of abuse and neglect.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXV, Page 11.
DISCUSSION AND REJECTION OF BID AWARD #99-0248 AND CONTRACT #99-0248
TO DIAMOND FOOD ENTERPRISES, INC. FOR NUTRITION SERVICES FOR THE
DEPARTMENT OF AGING
Finance Director, Bruce Shell, reported this was a continued item from the April 19, 1999
meeting because of concerns expressed by the Board about the bidding process. He advised that two
bids had been received. A pre-bid conference was held on March 1, 1999, and only one bidder,
Newbold’s Carolina Seafood & BBQ, Inc., attended the conference. Since only one bidder attended
the pre-bid conference, discussion was held with the Legal Department and Department of Aging
about scheduling another pre-bid conference. It was determined that a second pre-bid conference
would be appropriate and a conference was held on March 15, 1999. The bid opening was held on
April 1, 1999, and Diamond Food Enterprises, Inc. was the low bidder; therefore, Staff recommends
award of the bid to this company.
Finance Director Shell noted that Attorney George Rountree, III was present to represent
Newbold’s Carolina Seafood & BBQ, Inc. because of their concerns about the fairness of the bidding
process, not the legal requirements.
Chairman Caster reported when he received a call from Mr. Steve Lambros, a representative
of Diamond Food Enterprises, Inc., about not being able to attend the first pre-bid conference, he
contacted staff to see if this company could be included in the bidding process. As indicated by the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 234
Finance Director, it was determined that a second pre-bid conference could be held to allow for
more than one bid to be received. Mr. Newbold was informed that he did not have to attend the
second pre-bid conference. When the bids were opened on March 15, 1999, Diamond Food
Enterprises, Inc. had submitted the lowest bid. Staff followed the bidding process as outlined in the
North Carolina General Statutes, but the Board feels it may not have been fair to Mr. Newbold to
hold the second pre-bid conference.
Commissioner Birzenieks noted that an element of fairness was involved in the bidding
process even though staff followed the bidding requirements. He requested the Board to consider
rejecting the bids received.
Commissioner Davis requested an explanation of the mandatory pre-bid conference
requirement. He said if an interested bidder did not attend the pre-bid conference, he would assume
that company would not be able to bid.
Finance Director Shell responded the purpose of the mandatory pre-bid conference is to be
sure the bidders understand the details of the bid before presenting proposals. In the past, problems
have been experienced with bidders not understanding the specifications of the bid. It is mandatory
for an interested bidder to attend a pre-bid conference; however, the County can hold another pre-bid
conference if staff determines it is appropriate. In this case, with one bidder and sufficient time to
hold another pre-bid conference, staff felt it was appropriate to hold another conference to receive
a competitive bidding price and delay the bid opening for two weeks.
Chairman Caster said in fairness to all parties concerned, he felt the bids should be rejected.
Motion:
After further discussion, Commissioner Birzenieks MOVED, SECONDED by
Commissioner Davis to reject all bids received and request staff to re-advertise and re-start the
bidding process. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Attorney Rountree asked if the intent of the motion is to require the County to proceed with
a new bidding process that will include re-advertising the bid and holding a mandatory pre-bid
conference at which all interested bidders must attend.
Commissioner Birzenieks responded that was the intent of his motion.
STATUS REPORT ON THE CONTRACT WITH SERVICE DESIGN ASSOCIATES FOR
ADMINISTERING CHILD SUPPORT SERVICES FOR THE DEPARTMENT OF SOCIAL
SERVICES
Director of Social Services, Wayne Morris, referenced the informational memorandum in the
agenda packet, and he advised that New Hanover County approved a contract with Service Design
Associates, Inc. (SDA) to operate the Child Support Services Program for New Hanover County
effective October 1, 1998. The service provided by SDA has been delivered in compliance to the
contractual agreement. In March 1999, Mr. Dennis Corriveau, a partner of SDA, notified the
Department of Social Services (DSS) that changes were taking place within the corporation that
would leave him as the sole owner of the company. When the first quarter reconciliation was
performed by DSS in March, Mr. Corriveau said he would pay the County by the end of June.
Discussion also occurred on the payment for the second quarter, and Mr. Corriveau said he would
make that payment by the end of June. During the dialogue with Mr. Corriveau, it was found that
SDA did not have a performance bond as required in the contract. County Manager O’Neal and
Assistant County Manager Melvin were informed about the lack of a performance bond, and it was
decided that Mr. Corriveau should contact the Purchasing Agent to resolve this issue. At this time,
Mr. Corriveau is attempting to get a performance bond.
Director Morris reported under the existing contract, SDA agreed to operate the Child
Protective Program and guarantee that New Hanover County would receive revenues exceeding
expenditures of no less than $175,000 annually. The contract assumed that if revenues from the
federal and state level were reduced, the company would still pay the annual payment of $175,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 235
In summary, Director Morris reported that Mr. Corriveau has stated that he cannot continue
to pay the guarantee of $175,000 annually for the next year even though the contract is for three
years. There is a great deal of information that needs to be analyzed and questioned before rendering
a decision on this matter.
After a lengthy discussion, the Board concluded that a review should be made by the Board
of Social Services with a recommendation forwarded to the Board of County Commissioners.
Chairman Howell requested an explanation of why SDA was having a financial problem.
Director Morris advised that he felt the reduction in the Medicaid reimbursement was part of
the problem as well as a reduction in the caseload. SDA makes the payment to the State and DSS
is reimbursed 66% of the payment. Each month DSS receives a check from the State for Work First
children who are receiving child support. Also, each quarter an incentive payment is received for
child support. These payments have been reduced because of a reduction in the caseload. When the
County entered into the contract in July, the caseload reduction was approximately 50 to 60 percent.
This figure is currently 65 percent, which creates a shortfall in revenue for SDA.
Commissioner Howell requested the Board to consider referring this item back to the Board
of Social Services so figures can be prepared to ascertain the cost of the program being operated by
the County versus SDA. He stressed the importance of receiving these figures before trying to
resolve this matter.
Commissioner Birzenieks commented on the contract being in place and he stated the vendor
should have projected how a reduction in State and Federal reimbursements would impact the
financial condition of the company. The terms of the contract should be carried out; however, it
would be appropriate for the Department of Social Services to review the case and present a
recommendation to the Board of County Commissioners.
Director Morris stated the terms of the contract will not be due until May 15, 1999 with a 14-
day waiting period for receipt of the payments.
Vice-Chairman Greer said this means that if SDA has fulfilled the contract up to this time,
nothing can be done until the end of May.
Director Morris responded the statement by Vice-Chairman Greer was correct, and he
reminded the Board that he was presenting a status report on the situation with no action being
requested.
Mr. Dick Synder, Chairman of the DSS Board, advised that the DSS Board would be glad
to perform a study and present a recommendation to the Board of County Commissioners. He
stressed the importance of the Commissioners understanding the concern of the DSS Board about
not receiving timely payments and the lack of a performance bond.
Commissioner Birzenieks urged the DSS Board to thoroughly review the financial situation
and include in the recommendation the pros and cons of the available alternatives to resolve the
problem.
Mr. Synder reminded the Commissioners that when the Child Protective Services Program
was contracted to a private company, it was by a 3 to 2 vote. This vote occurred because the DSS
Board felt the department could not continue to provide child protective services unless more DSS
positions were approved by the Commissioners. SDA had more employees, and it was felt this level
of staff was needed to provide the program. He said the recommendation prepared by the DSS Board
will be presented based upon the facts.
Consensus:
After further discussion, it was the consensus of the Board to request the DSS Board
to review the contract and make a recommendation to the Board of County Commissioners by June
7, 1999.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 236
ADOPTION OF RESOLUTION TO OPPOSE LEGISLATION TO SHIFT ADDITIONAL
MENTAL HEALTH MEDICAID SERVICES TO COUNTIES
Assistant County Manager, Patricia A. Melvin, reported the Governor’s proposed 1999
Continuation Budget contains a provision that will require counties to pay an increased amount for
the Special Medicaid Match Reserve Fund. This fund covers the state or non-federal portion for
costs of area Mental Health clinic services provided. Under the proposed legislation, the match for
counties will increase to 50% of the total $74 million budget. Currently, the County is paying 1.5%
which totals $60,530 for the current year. By the year 2002 to 2003, New Hanover County will be
required to pay $302,528.
In closing, Assistant County Manager Melvin requested the Board to adopt a resolution
requesting the local legislative delegation to oppose any legislation that will shift additional costs for
Mental Health Medicaid services to local counties.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the
resolution as presented. 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 11.
CONSIDERATION OF SUPPORT FOR PROPOSED LEGISLATION TO REQUIRE ALL
STATE ACTIONS TO BE CONSISTENT WITH LOCAL CAMA LAND-USE PLANS
Deputy County Manager, Dave Weaver, informed the Board that the proposed bill did not
meet the crossover deadline in the General Assembly and it will die unless the bill is included by the
State Administration or as an attachment to a future bill.
After discussion of the bill coming up at a future date, County Manager O’Neal informed the
Board that staff would continue to track the bill and keep the Board informed about any sudden
resurgence.
Consensus:
It was the consensus of the Board to table this item.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
1999 BOARD OF EQUALIZATION AND REVIEW
Chairman Caster convened from Regular Session at 7:14 p.m.
Chairman Caster reconvene to Regular Session at 7:22 p.m.
ADOPTION OF RESOLUTION IN SUPPORT OF THE CAPITAL CAMPAIGN OF THE ST.
JOHN’S MUSEUM OF ART
Chairman Caster reported that the St. John’s Museum of Art was in the process of raising
funds for the new state-of-the-art museum facility. The Museum has requested the Board to adopt
a resolution of support for the funding campaign.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
resolution of support for the capital campaign by the St. John’s Museum of Art for the new facility.
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 11.
PUBLIC HEARING TO CONSIDER A REQUEST BY LONNIE WILLIAMS, JR., THE
ATTORNEY REPRESENTING JOHN COBLE, FOR THE ISSUANCE OF A SPECIAL USE
PERMIT TO GRANT A 4,430 SQUARE FOOT ADDITION TO THE EXISTING TRAILS
END RESTAURANT LOCATED AT THE EASTERN TERMINUS OF TRAILS END ROAD
CURRENTLY R-15 RESIDENTIAL (S-336, 10/91; REVISION 12/98; REVISION 4/99)
Chairman Caster opened the Public Hearing and announced that the special use process
requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk
to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 237
The following persons were sworn in by the Clerk to the Board.
Dexter Hayes
Alessandro Bocconcelli
Bo Baker
Claude A. Blair, Sr.
Louise Brigman
John M. Coble
Dan Dawson
Dr. Mary Frederick
Johnie Garrason
Linda Greenough
Mae B.Knight
Alton Y. Lennon
Ann Lillis
James M. Lillis, Jr.
Ed Lowe
Larry McFarlane
James Mott
Laura L. Strickland
Robin Taylor
Lonnie B. Williams, Jr.
Planning Director, Dexter Hayes, reported on April 1, 1999, the Planning Board voted 4 to
1 to recommend approval of the revised site design of the Trails End Restaurant. There was
considerable discussion about the size of the expansion and its impact on nearby residents. The
recommendation by the Planning Board includes the following conditions and requirements:
1.No more than 20 additional seats can be added to the dining room.
2.No off-site loading will be allowed.
3.Adequate screening and buffering will be installed along the northeast side of the property
adjacent to the R-15 Residential District.
4.Only directional lighting will be installed to minimize impacts on adjacent properties.
5.The proposed catering operation shall be limited to one event per day (maximum).
6.No windows on the north side of the building.
7.A restaurant closing time of 11:00 p.m.
8.No outdoor music.
9.Gates along Purviance Street will remain closed except during emergencies.
10.On-site sign shall be erected noting the neighborhood speed limit.
Planning Director Hayes presented the following preliminary staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.The existing restaurant has operated at the current location before zoning was adopted for
the area in 1969. A Special Use Permit was granted for the facility in December 1991. It
eliminated the non-conforming status of the existing building and authorized an expansion.
There were no findings in the 1991 hearing that suggested the facility would endanger the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 238
public health or safety.
B.The site has adequate water and sewer service.
C.The site is located in the Myrtle Grove Volunteer Fire Department District.
D.The site has access to Trails End Road, a sate maintained road.
E.The planned expansion would be to the north of the existing building, thus new construction
would not be any closer to the waterway than the current building footprint.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.A site plan pursuant to the Zoning Ordinance has been submitted.
B.Except for the setback standards applicable to the underlying R-15 Residential District, no
special design regulations apply.
C.Historic restaurants are permitted by Special Use Permit in the R-15 Residential District. The
site is zoned R-15 Residential.
D.A CAMA permit will be required. The amount of impervious surface is unknown, but the
applicant will be expected to limit total coverage to 25% because the site is adjacent to an
estuarine area classified ORW (Outstanding Resource Water).
E.In the 1991 approval, it was determined that adequate off-street parking was available to
serve the facility. Inclusion of the parcel to the north provides additional area for parking.
The required number of spaces is based on a ratio of seating and employees.
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.Residential uses are located in the area, primarily to the south and west. Land to the north
is zoned I-1 Light Industrial and is occupied by the Masonboro Boat Yard, a mid-sized
commercial marina.
B.There was no evidence presented at the 1991 hearing that the restaurant affected nearby
property values.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A.The expansion will increase the size of the restaurant by approximately 110.45 percent.
B.The facility already generates levels of noise, lighting and traffic not customarily associated
with a residential setting. Expansion of the restaurant will increase those impacts, but it is not
known to what extent.
Commissioner Davis stated it was his understanding that Trails End Restaurant is the only
designated historic restaurant in New Hanover County.
Planning Director Hayes advised that under the existing Zoning Ordinance, the Trails End
Restaurant is the only designated historic restaurant because it was an existing restaurant prior to
zoning. He noted the historic restaurant designation was adopted to accommodate Trails End
Restaurant and allow for an expansion. Under R-15 zoning regulations, a non-conforming use is not
allowed to expand; therefore, the historic designation legitimatized the use as a special use in the R-15
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 239
District which allowed an expansion of the facility in December 1991.
Commissioner Davis asked Planning Director Hayes if Mr. Coble owned the adjoining lot or
if he had an option to purchase the lot?
Planning Director Hayes responded that Mr. Coble currently owns the adjoining lot.
Commissioner Davis noted that the adjoining lot was acquired after the R-15 Residential
zoning was implemented by New Hanover County. This means that Mr. Coble is requesting the
Board to allow the restaurant expansion to be placed on the R-15 adjoining lot to be used for the
restaurant expansion and parking. He said, in his opinion, the proposed use would be contrary to the
definition of a historic restaurant because there was no existing restaurant on the lot before zoning
regulations were adopted by New Hanover County.
Planning Director Hayes responded it depends on how the Board defines the site. Obviously,
the site where the pre-existing restaurant was located has been limited to the present lot. If the Board
feels the site is more than the existing lot, the restaurant could be expanded. If the Board determines
the site should be limited to what was in existence prior to zoning, the expansion cannot exceed the
present lot.
County Attorney Copley said the Board has the right to rule on the interpretation of the site.
Commissioner Birzenieks asked what the intent of the previous Board was when the first
expansion was permitted. Did that Board intend to limit the restaurant to the existing lot, or did the
Board foresee the restaurant expanding to the adjoining property?
Planning Director Hayes responded the previous Board discussed future expansion of the
restaurant; however, no discussion was held on whether the adjoining lot could be used for the
expansion. The intent of the former Board was to allow the first small expansion to occur under the
historic designation, which would not have been possible without changing the Zoning Ordinance.
Commissioner Davis commented on catering and he asked if there was a separate definition
for catering.
Planning Director Hayes responded that catering does not have a separate definition in the
Zoning Ordinance. He suggested the Board to consider addressing the levels and extent that catering
should be permitted if the request is approved because the proposed catering business is beyond the
definition of what is defined as a historic restaurant.
Attorney Lonnie B. Williams, Jr., representing Mr. John Coble, owner and operator of the
Trails End Restaurant and owner of the adjoining lot (the Goldenrod property), informed the Board
that the modification of the existing Special Use Permit was being requested to revise the site to
include the Goldenrod property and to include an expansion of the restaurant building.
Attorney Williams reported the Planning Board heard the request on January 7, 1999, and Mr.
Coble was surprised by the opposition of the neighborhood. The Planning Board suggested that Mr.
Coble hold meetings with adjoining property owners to see if these concerns could be resolved. Two
meetings were held on February 7, 1999, and February 21, 1999. During these meetings, Mr. Coble
explained his reasons for expanding the existing restaurant, and he heard concerns expressed by the
residents of the neighborhood. Based upon these comments, Mr. Coble revised the site plan for the
expansion.
On March 8, 1999, the Board of County Commissioners remanded the application to the
Planning Board for reconsideration as a result of the revisions to the site plan. On April 1, 1999, the
Planning Board recommended approval of the revised site plan by a 4 to 1 vote subject to the
conditions presented by the Planning Director. This plan is now before the Board of County
Commissioners for consideration.
Attorney Williams presented the following report on the history of the site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 240
Beginning in the 1930's this property was the site of an oyster roast and fish house. This use
continued until Mr. B. C. Hedgepath opened Trails End Steak House in 1954 with no view of the
waterway. In 1987, a fire destroyed the original Trails End Steak House building, which was then
owned and operated by Mr. Coble. The building was reconstructed in 1988 and designed to have a
view of the waterway from a few tables. In December 1999, a Special Use Permit was issued by the
Board of County Commissioners for a small expansion of the dining room.
The surrounding property is residential and this use dates back to 1926. However, there are
commercial activities operating in the area. An example is the Masonboro Boat Yard, which is zoned
I-1 to accommodate boat storage, boat slips, and boat repairs. Also, there is a Yacht Club at the
boat yard and a boat ramp adjacent to the restaurant. Presently, changes are occurring with
surrounding properties such as the division of residential properties into multiple building sites.
Slides were presented on the south side, west side, north side, and waterway view of the
property. When looking at the waterway view, you will see the restaurant, two recently constructed
3-story plus homes on one side, and the Masonboro Boat Yard and newly constructed Yacht Club
on the other side. There is new construction on either side of the restaurant. The adjacent property
owners are not opposed to the proposed expansion.
Attorney Williams pointed out that Mr. Coble operates a highly competitive business with
more restaurants continuing to open daily. In order to compete, Mr. Coble must be able to meet the
needs and demands of his customers as well as reasonable expectations from his employees. The
customers want and expect a view of the waterway when dining. This is why they are willing to drive
the distance to the restaurant. The proposed expansion will provide space for a better seating
arrangement, reduce corridor congestion at the salad bar area, enlarge the kitchen for a limited
catering service of one event per day, increase the number of water view seats, increase storage space
to allow purchase of larger quantities of food, reduce the number of trucks driving up and down
Trails End Road, and provide lockers and bathrooms for the employees.
In concluding his remarks, Attorney Williams stated that Mr. Coble was requesting the
expansion to construct a better facility to meet the demands of his customers and reasonable
expectations of his employees so he will be able to compete in the market place.
Mr. John Coble, the petitioner, reported on the physical conditions of the expansion and
presented a slide presentation of the existing floor plan of the restaurant. The dining room has 60
seats and it is not conducive for dining because the customers feel as if they are sitting in a dungeon.
The salad bar has created congestion in the corridor with customers going back and forth to the salad
bar. More seats are needed with a water view. The expansion plan is to restructure the rear dining
area by removing existing seats and adding 20 or 40 additional seats in the front area with a water
view. The salad bar will be moved, which will provide more space in the dining room and cut back
on congestion. There is a critical need for refrigeration and dry storage to purchase larger quantities
of food needed to operate the restaurant and space will be provided to install showers and lockers
for the employees. The parking site has been revised to avoid headlights from traffic pointing directly
into homes.
Mr. Coble noted that any restaurant or retail business does the bulk of its business during
certain months of the year. The largest volume of business at Trails End Steak House is during the
summer months and on special occasions such as Valentine’s Day, Mother’s Day, Father’s Day, and
New Year’s Eve. Most of the business is on weekends.
In closing, Mr. Coble requested the Board to approve the revised expansion to allow his
business to remain competitive and better accommodate the customers..
Attorney Williams presented the revised site plan for the expansion. The initial site plan was
submitted with the original application. After hearing objections from the neighbors, the following
items have been included in the revised site plan to address these concerns:
?
The Size of the Building Expansion: The expansion was reduced from 6,000 sq. ft. to 4,430
sq. ft. which will provide enough space to satisfy the needs. The reduction will also move the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 241
expansion back toward the original building and further away from the Lowe property.
?
The Location of the Driveway Entrance from Purviance Avenue: The driveway was relocated
further away from residential driveways. Gates along Purviance Street will remain closed
except during emergencies.
?
Headlights Pointing toward the Lowe Property from the Parking Lot: Traffic has been re-
routed so the headlights would turn away from the Lowe property instead of toward the
property. Also, there will be a natural buffer along the Lowe property line as well as the
buffering required in the conditions.
In summary, Attorney Williams said that Mr. Coble has made a good faith effort to meet with
the neighbors and address their concerns. Some of the neighbors have withdrawn their objections
and others continue to object to the expansion. All concerns that could be addressed on the site plan
have been included.
Attorney Williams presented the following objections from the neighbors living on Trails End
Road:
?
Traffic: Some of the neighbors feel the traffic on Trails End Road is terrible and will become
worse with expansion of the restaurant. At a Planning Board meeting, staff presented traffic
count figures, and it was reported that with the number of residents living on Trails End
Road, the traffic count figures were not that high. After examining the figures, it showed that
one of the highest traffic count days was Sunday, October 11, 1998, with a total of 815 trips
recorded. The Trails End Steak House was closed that day. This proves that traffic on the
street is generated by other sources.
?
Decrease in Property Values: Some of the neighbors feel that the proposed expansion will
decrease the value of their properties. After reviewing the data from the tax revaluation of
the property on Trails End Road, every listing checked showed a significant increase in value.
The presence of the restaurant has not deflated property values. Also, concern was expressed
about Trails End Steak House becoming a Wally’s or Dockside type of restaurant that would
cause property values to decrease. After checking property values near those restaurants, it
was found the values have increased.
?
Noise: Some of the neighbors are concerned about the present noise and feel that an
expansion of the restaurant will only intensify this problem. With the current water activities
conducted at the end of Trails End Road, such as use of the boat ramp, boaters, and
customers at the boat yard, the area is already noisy. It is felt that a majority of the noise
from the restaurant remains inside the building, and this will also apply to the proposed
expansion.
?
Catering: Some of the neighbors are concerned about offering catering services. Currently,
the restaurant has a very limited catering service. The catering service being proposed with
one event per day should not impact the neighborhood.
?
New Ownership: Some of the neighbors are concerned about Mr. Coble selling the restaurant
and the property being rezoned for commercial use. Under the New Hanover County Zoning
Ordinance, the property could be commercially zoned because of the nature of Trails End
Road. Under the proposed plan, the use and conditions will remain on the property if it is
sold to another person. With the conditions on the proposed use, there will not be enough
land to provide for a future expansion of the restaurant. Mr. Coble has stated that he has no
intention of selling the property; however, this does not mean that if the right buyer with the
right price came along in the future, the property would not be sold.
In closing, Attorney Williams reported the major modification being requested is to include
the Goldenrod property as part of the restaurant site under the Special Use Permit and the other
changes as shown in the revised site plan. Also, the Commissioners are being requested to consider
allowing 40 additional seats instead of 20 seats and to allow the restaurant to remain open after 11:00
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 242
p.m. for special events. Without approval of these modifications to the Special Use Permit, Mr.
Coble will not be able to remain competitive in the restaurant business. It would be tragic to lose a
historic restaurant that has become a landmark in the area. Without approval of the modifications
to the Special Use Permit, this could happen. The Board was urged to approve the expansion as
submitted.
Chairman Caster commented on the first portion of hearing requiring 35 minutes and he
informed Attorney Alton Y. Lennon that the same amount of time would be allocated to hear from
the opposition.
Attorney Lennon requested time to cross-examine the comments by Attorney Williams and
he noted that several persons were present who would like to speak in opposition.
Mr. James M. Lillis, Jr., speaking on behalf his wife and himself, noted that Attorney Williams
has just reported the residents of the area were on solid ground because the existing Special Use
Permit clearly defines where the restaurant is located. According to Attorney Williams the residents
should not be worried about the proposed expansion because no one else can change the Special Use
Permit. However, Mr. Coble is requesting the Board to consider revisions to the existing Special Use
Permit that governs the restaurant as a historical designation on a specific site. It appears that
changes can be made to the Special Use Permit which is of great concern to the residents living in the
community. The historical restaurant designation in the Zoning Ordinance very clearly specifies that
a restaurant had to be in existence on a lot before the facility could become a historic restaurant.
Since the Goldenrod property was not acquired until 1996, the expansion of the restaurant to the
adjoining lot would not meet the requirements of a historic restaurant designation.
Mr. Lillis presented pictures of the neighborhood and stated the residents are not trying to put
Mr. Coble out of business. Trails End Restaurant is an excellent facility and Mr. Coble is a valued
neighbor. However, many of the residents want the restaurant to remain the same and continue to
be located on the appropriate site. Catering is not specified in the definition of a historic restaurant.
Most local restaurants with catering businesses are located in a commercial district, not a residential
district. The historical restaurant designation was developed after the Planning Board denied Mr.
Coble’s request to obtain a Special Use Permit as an eating and drinking establishment. This action
was taken by the Planning Board to avoid setting a precedent to allow more eating and drinking
establishments to emerge in residential areas. If Mr. Coble is allowed to include a catering business
in an R-15 District, it will also set a precedent.
Mr. Lillis stated that Mr. Coble does not have the legal right to expand the restaurant outside
the historical site which is clearly defined as the Trails End parcel. The neighbors are opposed to this
request. He reported the impact on the neighborhood with the proposed expansion will be more than
seats and a catering business. Mr. Coble has informed the neighbors that he plans to acquire a free
standing catering business from Mr. B. C. Hedgepath to be located at the restaurant. The traffic will
greatly increase and large 18-wheeler trucks will be driving up and down Trails End Road. The road
will not be safe for children, senior citizens, or pets. This type of use should not be permitted in a
residential area. The neighborhood has co-existed with the restaurant for years. The question to
answer is why should a 9,000 sq. ft. restaurant be located in a residential area.
Mr. Lillis reported that Trails End Restaurant was in violation of at least four to five zoning
regulations. The Zoning Enforcement Office has been requested to investigate these violations;
however, no response has been received because the Planning Board has requested no action until
the revised site plan has been acted upon by the Board of County Commissioners. The violations are
as follows:
?
Mr. Coble has installed a dock on his residential property which is being used to provide
service to his boating customers.
?
Parking on the R-15 residential lot is being allowed.
?
Everyday his employees dump the residue from his charcoal grill on the street. This residue
builds up and flows into the Intracoastal Waterway. A picture was presented of a rat feeding
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 243
on the residue. This residue is unsightly for the neighborhood.
?
It is understood that Mr. Coble is in violation of his seating capacity. At the Planning Board
meeting, it was discovered that he had more seats than allowed under the current Special Use
Permit.
?
Currently, catering is being done from the Trails End Restaurant which is in violation of the
Zoning Ordinance.
Ms. Lillis said that Mr. Coble has not complied to the law in the past, and if he is granted the
expansion, the same type of non-compliance will continue. Also, at the meetings held with the
neighbors, no consensus was reached. Mr. Coble informed the residents that his business was not
good and he was on the verge of financial failure if the changes could not be made. The residents are
concerned that a 9,000 sq. ft. building will be left on the site looking for a new home. The neighbors
are not opposed to the restaurant being expanded on the existing lot, but it is wrong to expand the
structure to another residential lot.
In concluding his remarks, Mr. Lillis requested the Board to deny the request based upon the
fact that the use would not be in harmony with residential area.
Attorney Lennon requested Staff Planner Sam Burgess to provide the Board with a copy of
the original site plan approved by the Board of County Commissioners in 1991.
Staff Planner Burgess provided the Board with a copy of the original site plan.
Chairman Caster directed the Clerk to the Board to include the site plan as a part of the
record.
After Mr. Lillis presented a packet of information to the Board, Attorney Lennon reported
the following documents were presented:
?
A copy of the historic site of Trails End Restaurant as identified by Mr. Coble.
?
A copy of the original lots of Masonboro Bluff. Each lot has a name instead of number.
?
A copy of the map of Masonboro Bluff.
Attorney Lennon explained that when referring to Trails End, he would be referencing the lot
on which the restaurant is located. In 1983 when Mr. Coble acquired the lot, it was not purchased
by meets and bounds but by the name of Trails End. When Mr. Lillis purchased his lot, he asked his
attorney to check on the zoning in the area because of the restaurant being located at the end of the
road. The attorney checked the Zoning Ordinance and informed Mr. Lillis that Trails End Restaurant
had been designated as a historic restaurant. This is defined as a restaurant facility which is located
on a particular site which is presently used for restaurant purposes. The adjacent lot to the north
owned by Mr. Coble has never been used for restaurant purposes. To allow the current restaurant use
to expand to Goldenrod, the adjacent lot owned by Mr. Coble, would violate the New Hanover
County Zoning Ordinance.
Attorney Lennon noted that with all due respect to the County Attorney, the Board does not
have the legal authority to make the Goldenrod property part of the Trails End site because it would
be in violation of the Zoning Ordinance. The only site that can be used for restaurant purposes is the
present site, not the Goldenrod property. A traffic count of 800 cars per day when the restaurant is
closed indicates the existing traffic on Trails End Road. To allow the restaurant to expand will only
increase the traffic and create more problems for surrounding residential properties.
Attorney Lennon requested persons present in opposition to the revised site plan to stand and
be recognized. He informed the Board that a few of the residents would like to speak.
Mr. Alessandro Bocconcelli, a resident of 311 Trails End Road for four years, commented
on the number of residents who enjoy walking on the road through the area during the day and
evening, and he urged the Board to deny the request to expand the restaurant or the boat marina
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 244
because of additional traffic that will be generated in the area. He expressed concern for the quality
of life being lost in the neighborhood with expansion of either facility.
Ms. Robin Taylor, a resident of 155 Trails End Road, commented on the restaurant being a
non-conforming use in the Zoning Ordinance, and she stated according to the ordinance a non-
conforming situation occurs when property is used for a purpose or in a manner made unlawful by
the permitted use regulations applicable to the district in which the property is located. She noted that
when continuing to read this section of the Zoning Ordinance, it states that except as specifically
provided in this section, it shall be unlawful for any person to engage in any activity that causes an
increase in the extent of non-conformity of a non-conforming situation. It further reads that subject
to Section 43 of the ordinance, a non-conforming use may not be extended to additional buildings or
to land outside the original building. Ms. Taylor stated that Mr. Coble is trying to expand the use
from one lot to another lot which is in violation of the Zoning Ordinance. She requested the Board
to deny the proposed restaurant expansion.
Ms. Mae B. Knight, a resident of 515 Trails End Road, publicly apologized to Mr. Ed Lowe
for some negative remarks about the Masonboro Boat Yard in the letter written to the Board of
County Commissioners about her concern for expanding the Trails End Restaurant. She commented
on the number of older persons living on the road, and stated that some of these senior citizens do
not believe in drinking. She asked if the restaurant expansion would increase the consumption of
alcohol.
Mr. Coble informed Ms. Knight that alcohol sales represent 16% of his volume, and he stated
this percentage would not increase.
In closing, Ms. Knight requested the Board to consider all aspects of the proposed expansion
on the neighborhood if the revised site plan is approved.
Ms. Laura Lowe Strickland, a resident of 607-A Trails End Road and the daughter of Ed
Lowe, informed the Board that she had lived on Trails End Road for her entire life. Changes have
occurred in this area because of growth and development. If the proposed expansion is approved,
there will be more traffic and noise at night. Mr. Coble has tried to minimize the impact to the
neighborhood by not having a Sunday brunch and closing at 10:00 p.m. She stated this was a special
community that should not be negatively impacted by the expansion of Trails End Restaurant.
Ms. Louise Brigman, a resident of 551 Trails End Road, expressed the following concerns:
(1) the inability of emergency vehicles or fire trucks to use a dead end street to respond to a fire at
the restaurant; and (2) the setting of a precedent if a person wants to expand a commercial use further
up the street. She requested the Board to deny the proposed expansion.
In closing, Attorney Lennon requested the Board to consider the catering issue which has not
be addressed. Mr. Coble has said the catering will be limited to one event a day. One event per day
for 300 people would generate a large amount of traffic. Without placing more restrictions on the
catering issue, this could seriously impact the neighborhood.
Discussion followed on the traffic count. Planning Director Hayes reported the City did
perform a traffic count on Trails End Road last fall. The peak counts for a weekday were 750 to 800
trips were per day. On weekends, the traffic count was 1,000 trips per day.
Commissioner Birzenieks asked if any property owners attending the meeting were in favor
of the proposed expansion. The following person stepped forward.
Ms. Linda Greenough, a property owner on Trails End Road, reported that her 78 year old
mother had lived on Trails End Road for years without experiencing a problem with traffic. She noted
that Mr. Coble has done everything possible to satisfy the neighbors. The speed limit has been
reduced to 35 mph, but very few people living on the road travel at that speed. She said that Mr.
Coble was a honest man trying to make a living who deserved to be able to expand his restaurant.
Commissioner Birzenieks commented on the difference of opinions between the two attorneys
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 245
on the definition of a historic restaurant, he requested an explanation from the County Attorney.
County Attorney Copley responded that Mr. Coble had the right to approach the Planning
Board for the modifications to the site plan. The County Commissioners have the responsibility to
sit as the judge and jury in the quasi-judicial hearing to render a decision on whether Mr. Coble’s
petition complies to the definition of a historic restaurant. The Board will have to decide if the
property should be expanded beyond the present site, or if the general site fits the narrow definition
of a historic restaurant, which will allow the restaurant to be expanded to the Goldenrod property.
When a decision is made, the Board must place the reasons on the record, and if the applicant is not
satisfied, this decision can be appealed before a judge through the court process.
Commissioner Birzenieks commented on the intent of the Board in 1991 and he asked if there
was any documentation on the establishment of a historic restaurant.
Planning Director Hayes responded in 1991 the request was to expand the restaurant on the
present site, not on to an existing site; therefore, no record exists on the Board’s intent.
Vice-Chairman Greer asked if another person purchased the Goldenrod property and wanted
to place a restaurant on the property, could the Board grant a Special Use Permit to locate a
restaurant on the site.
Planning Director Hayes responded that a Special Use Permit could not be granted to allow
placement of a restaurant in a residential area.
Chairman Caster requested Planning Director Hayes to comment on the accusation made
about numerous zoning violations occurring on the adjacent lot owned by Mr. Coble.
Planning Director Hayes responded that expansion activities have occurred on the adjacent
lot owned by Mr. Coble. The Zoning Enforcement Office is aware of these regulations, but staff
decided to wait until a decision was made on the Special Use Permit before proceeding with
enforcement.
Commissioner Howell noted that he was serving as a member of the Planning Board in 1991
when the decision was made to declare Trails End Restaurant as a historic restaurant. He said that
the intent of the former Planning Board was allow for the expansion so the restaurant could remain
competitive and continue to exist.
Vice-Chairman Greer informed the Board that he was a member of the Board of County
Commissioners when the historic designation was approved for the Trails End Restaurant. The
Board felt that in order for the restaurant to continue to exist and keep up with the times, the
expansion was necessary. No one envisioned at that time, another lot would be involved.
Mr. Ed Lowe, a resident of 609 Trails End Road, said because of his beliefs, he could not
oppose allowing Mr. Coble to expand the restaurant; however, he would urge the Board to include
the conditions recommended by the Planning Board if the Special Use Permit is modified. He also
expressed concern for another expansion in the future and he urged to the Board to consider a
stopping point to protect adjacent property owners if this request is approved.
Chairman Caster informed Mr. Lowe that the current Board could not bind the actions of
future boards.
Attorney Williams pointed out that Mr. Coble did not own the Goldenrod property in 1991.
The request being made is to allow expansion of the restaurant so it can remain competitive and
continue to exist. Since Mr. Lowe owns the property adjacent to the Goldenrod property, he will
have control of whether another expansion can occur in the future.
Attorney Lennon read the following definition of a historic restaurant and he requested the
Board to consider the fact that the Goldenrod property never had a restaurant located on the site:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 246
Historic Restaurant: A restaurant facility which is located upon a site which is presently used
for restaurant purposes and which has been in continuous use and operation for restaurant
purposes since the date of the initial zoning classification of said site pursuant to the official
zoning map of New Hanover County.
Vice-Chairman Greer requested Mr. Coble to comment on ABC regulations.
Mr. Coble responded that Trails End Restaurant is opened Monday through Friday at 6:00
p.m. with no orders being accepted after 10:00 p.m. The restaurant is closed when the last customer
leaves the facility. On Saturday, the restaurant is opened at 5:30 p.m. with no orders being accepted
after 10:00 p.m. and closed when the last customer leaves the facility. The ABC regulations allow
for alcoholic beverages to be served up to 1:00 a.m. during the week and 2:00 a.m. on weekends;
however, this has not been the practice of business in the past or in the future. Occasionally, a party
will want to stay beyond 10:00 p.m. It would be helpful to allow the party to remain after 11:00 p.m.
Vice-Chairman Greer asked Mr. Coble if the 11:00 p.m. closing time would be acceptable.
Mr. Coble responded that he did not plan to change the serving hours; however, on New
Year’s Eve, it would be nice to stay open until after midnight.
Commissioner Howell requested an explanation of why there was concern in the community
about more traffic being generated by a catering business when the food is prepared on site and taken
to another site.
Attorney Lennon responded catering means the food has to brought to the restaurant daily
and then carried to another site. The Board should limit the number of persons that can be catered
in one event.
Chairman Caster closed the Public Hearing and requested a motion from the Board.
County Attorney Copley requested the Board to very carefully review the four general
findings when rendering a decision on the request.
Commissioner Davis said after hearing the comments from both attorneys and all speakers,
he felt the major issue was whether the Goldenrod property could fit into the definition of a historic
restaurant. After reading and re-reading the definition of a historic restaurant, the Goldenrod site was
zoned R-15 with a house on the property, which in his opinion, does not fit the definition of a historic
restaurant. When the Special Use Permit and historic restaurant designation were granted in 1991 to
allow expansion of the Trails End Restaurant, there was a restaurant on that specific piece of
property.
Commissioner Howell asked County Attorney Copley if the Commissioners have the authority
to render a decision on the definition of a historic restaurant.
County Attorney Copley responded the Board has the authority to read and interpret the
definition of a historic restaurant in the Zoning Ordinance as it applies to the applicant’s petition.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Davis to deny approving the
revisions to the original Special Use Permit for expansion of the Trails End Restaurant on the
Goldenrod property based upon the site not satisfying the definition of a “historic restaurant” as
outlined under Article II, Section 23-96 of the New Hanover County Zoning Ordinance.
Substitute Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to
approve the revisions to the original Special Use Permit to expand the Trails End Restaurant,
contingent upon the conditions recommended by the Planning Board with a change in Condition 1
from 20 seats to 40 seats; no off-site loading allowed; adequate screening and buffering be installed
along the northeast side of the property adjacent to the R-15 District; installation of directional low
wattage lighting to minimize the impact on adjacent properties; the proposed catering operation be
limited to one event per day (maximum); no windows on the north side of the building; a restaurant
closing time of 11:00 p.m. with the exception of New Year’s Eve; no outdoor music; gates along
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 247
Purviance Street to the west of the property will remain closed except during emergencies; and an
on-site sign being erected noting the neighborhood speed limit 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.
Chairman Caster asked Mr. Coble if he concurred with conditions listed in the substitute
motion and the findings of fact presented by the Planning Director.
Mr. Coble agreed with conditions and the findings of fact.
Planning Director Hayes advised that the 40 additional seats recommended would be added
to the 110 seats now permitted.
Commissioner Birzenieks stated he felt the Goldenrod property did not meet the definition
of a historic restaurant as outlined in the Zoning Ordinance.
Chairman Caster called for a vote on the SUBSTITUTE MOTION to approve the request.
Upon vote, the MOTION FAILED by the following vote:
Voting Aye:Commissioner Howell
Vice-Chairman Greer
Voting Nay: Commissioner Birzenieks
Commissioner Davis
Chairman Caster
Discussion followed on whether another motion was needed to deny the request. County
Attorney Copley asked Attorney Lennon if he was satisfied with the motion.
Attorney Lennon responded that he was satisfied with the motion since it shows the motion
for approval failed.
Attorney Williams stated that he was satisfied with the motion.
BREAK
Chairman Caster called a break from 8:45 p.m. until 9:00 a.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY EVERETT HARVELL TO REZONE
.61 OF AN ACRE LOCATED ON THE WEST SIDE OF N. C. HIGHWAY 132 NORTH
ABOUT 600 FEET NORTH OF PARMELE ROAD TO I-2 HEAVY INDUSTRIAL FROM
R-15 RESIDENTIAL (Z-654, 4/99)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported the Planning Board voted 5 to 0 to approve the applicant’s
request to rezone the property to I-2 Heavy Industrial. There was very little discussion related to the
request at the Planning Board meeting. No opposition was present.
Chairman Caster asked if anyone present would like to speak in opposition.
No comments were received.
Chairman Caster closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 248
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve
rezoning property located on the west side of North College Road, just north of Parmele Road, to
I-2 Heavy Industrial from R-15 Residential. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972 is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 8A, Page 26.
PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID BAREFOOT TO REZONE
3.3 ACRES LOCATED ON THE WEST SIDE OF CASTLE HAYNE ROAD
APPROXIMATELY 600 FEET NORTH OF CARL SEITTER DRIVE TO B-1 BUSINESS
FROM R-20 RESIDENTIAL (Z-656, 4/99)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported the original petition was for B-1 Zoning; however, the
Planning Board recommended Office and Institution. He reported at the Planning Board meeting
several land owners from the area, including an adjacent church, spoke in opposition to the request.
Concerns were expressed for the impact of a B-1 District on drainage, existing residential homes, and
increased traffic along Castle Hayne Road. The Planning Board voted 5 to 0 to rezone the property
to O-I Office and Institution only to a depth of 250 feet from the Castle Hayne Road right-of-way
instead of B-1 Business as requested by the petitioner.
Chairman Caster asked if the petitioner would like to speak.
Attorney David Barefoot, representing William and Wesley Kingrey, said the letter received
from Mr. Pete Avery specifically stated that the Planning Board recommended rezoning the property
to B-1 Business to a depth of 250 feet measured along a line parallel and perpendicular to Castle
Hayne Road. There were residents present at the Planning Board meeting who lived behind the
property and expressed concern for businesses backing up to their properties. The applicants were
willing to provide a depth of 300 feet which would have provided an 80 foot buffer along the back
of the property.
Attorney Barefoot reported the applicants originally applied for a B-2 Business rezoning;
however, this zoning was not possible because the lot had to be five acres in size unless it adjoined
a B-2 District.
Commissioner Davis expressed confusion about the request and he asked if the Planning
Board recommended rezoning the property to Office and Institution to a depth of 250 feet or to B-1
Business to the depth of 250 feet.
Attorney Barefoot said the letter from Staff Planner Pete Avery stated the recommendation
from the Planning Board was to rezone the property to B-1 Business to a depth of 250 feet.
Planning Director Hayes informed the Board that an error was made in the letter written by
Mr. Avery. The Planning Board voted to recommend Office and Institution zoning to a depth of 250
feet.
Chairman Caster said since there is confusion about the Planning Board’s action, he would
recommend postponing this hearing to another date.
Attorney Barefoot commented on the expense to the applicants, and he requested the Board
to hear the rezoning petition if at all possible.
After the discussion of the right of Attorney Barefoot to continue the hearing at a later date,
County Attorney Copley asked Mr. Barefoot to explain his client’s request.
Attorney Barefoot responded the applicant would like for the Board to consider rezoning the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 249
property to B-1 Business with a depth of 300 feet.
After further discussion, Chairman Caster stated the Board would hear the petition. He asked
if anyone from the public would like to comment.
Ms. Kitty Flowers, a resident of 2325 Castle Hayne Road, read a faxed letter from Robert
Jordan to be recorded into the record:
To Whom It May Concern: This letter shall certify that Ms. Kitty Flowers is authorized to
speak on behalf of Robert Jordan (co-owner of the property at 2325 Castle Hayne Road).
My property and the adjoining properties have been based on single family residences for
decades. I find it appalling that a small parcel in between a church and single family residence
would ever be considered as viable for commercial zoning.
Commercial zoning or any other uncontrolled use category will certainly decrease the value
of my property, belittle the memory of the families that spent decades on the land, and create
more unmanageable congestion on the highway in an area that is already unsafe.
Please reject any petition to change the zoning classification for the property adjoining 2325
Castle Hayne Road.
Ms. Flowers said if this land is rezoned, the businesses would be near her front yard, which
would not be acceptable. Also, rezoning the property would be harmful to Bethany Presbyterian
Church because of increased traffic along Castle Hayne Road. She requested the Board to deny the
rezoning request to protect the church and residential properties in this area.
Mr. David Matthews, representing Bethany Presbyterian Church, read the following letter into
the record:
We, the Session of Bethany Presbyterian Church, represented by David Matthews, are holders
of Property G located next to the parcel of land being requested for rezoning. We wish to
petition the Board to deny the request for rezoning this parcel of land from R-20 Residential
to B-1 Business. Rezoning the property to B-1 Business could inadvertently place a business
or businesses that could have a conflict of interest with our church. For example, a bar, drive-
in or high traffic business could interfere with the hours of service or other church interests
and possible future growth.
This plea is to inform you that we have our cemetery directly behind the church, and we
believe that any great development changes could hamper future burials on lots already
purchased.
We, the Session, pray that you will deny the rezoning of the said property from R-20 to B-1.
Attorney Barefoot commented on the applicant being good friends with the Flowers and
stated that William and Wesley Kingrey would not want to harm the Flowers or anyone in the area.
However, the properties along Castle Hayne Road have already been rezoned for business use and
the property that Ms. Flowers lives on adjoins B-2 Business property. The proposed rezoning would
be a continuation of development in progress that is in accordance with the Land Use Plan. There
will be a sufficient buffer to protect the church and cemetery. He requested the Board to approve the
business rezoning request.
Chairman Caster reported that a letter had been received from Ms. Brenda A. Tucker
requesting the Board to deny the rezoning request.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to deny the
request to rezone the 3.3 acres to B-1 Business.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 250
Attorney Barefoot requested the Board to consider rezoning the property to O-I Office and
Institution.
Substitute Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to
approve rezoning the property to O-I Office and Institution to a depth of 300 feet for property
located on the west side Castle Hayne Road north of Carl Seitter Drive. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye:Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Voting Nay:Commissioner Birzenieks
Commissioner Davis
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 10A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1974 is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 10A, Page 14.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY JIMMY
BLACKBURN TO PERMIT TWO MOBILE HOMES ON PROPERTY LOCATED ON THE
EAST SIDE OF OLD AVENUE IN CASTLE HAYNE (S-441, 5/99)
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 be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Jimmy Blackburn
Planning Director Hayes reported that Mr. Jimmy Blackburn has requested a Special Use
Permit to locate two mobile homes off Old Avenue in Castle Hayne. He presented the following
preliminary staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.The proposed structures will be served by individual wells and septic tanks. Improvement
permits for both systems are pending.
B.The site is located in the Castle Hayne Volunteer Fire Department District.
C.The property fronts on Old Avenue.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Single-wide mobile homes are permitted by Special Use Permit in the R-20 Residential
District. The site is currently zone R-20 Residential.
B.Adequate square footage is available for each mobile home.
C.Adequate area is available to accommodate parking for each structure.
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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 251
A.There are several mobile homes in the immediate vicinity with double-wides and single-wides
located directly across the street.
B.Other lands are used for pasture and gardening.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County
based upon the following findings:
A.The area is classified as Resource Protection in the adopted 1993 Land Use Plan. Low
density uses are encouraged.
B.As noted, there are no mobile homes located in the general area.
C.A New Hanover County park is located just south of the project.
Chairman Caster asked Mr. Blackburn if he agreed with the findings of fact.
Mr. Blackburn agreed with the findings as presented.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a
Special Use Permit to Jimmy Blackburn to place two mobile homes on property located on the east
side of Old Avenue in Castle Hayne based upon the evidence presented and the findings of fact
concluding 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 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.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO REVISE THE
CONSERVATION OVERLAY DISTRICT REQUIREMENTS TO SPECIFY THAT
ABANDONED CEMETERIES BE INVESTIGATED AND DELINEATED BY A
PROFESSIONAL HISTORIAN, ARCHEOLOGIST OR RELATED PROFESSIONAL (A-
297, 3/99)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported this was a continued item and the Planning Board voted
unanimously to recommend approval of the amendment as written after being assured that
development projects would not be unduly delayed once a site has been discovered. One concerned
citizen reminded the Planning Board that identifying abandoned cemeteries throughout the County
would be complicated; therefore, any measures incorporated into the review process would be
helpful. There was no public opposition at the Planning Board meeting.
The proposed text amendment was read as follows:
Add under Section 59.4.4 a new section to read as follows:
(8)If a developer wishes to develop a site with known historical, archeological, and/or
cemetery resources, he shall either provide for a thorough site investigation by a
professional historian, archeologist, or related expert as appropriate and subject to
approval by the County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 252
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 Davis to approve the
text amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXV, Page 11.
PUBLIC HEARING TO CONSIDER THE KIRKLAND COMMUNITY REVITALIZATION
PROGRAM
Chairman Caster opened the Public Hearing.
Staff Planner, Wanda Coston, reported in compliance with the Small Cities Community
Development Block Grant Program, a Public Hearing must be held to receive comments from the
citizens concerning the County’s performance in administering the Kirkland Community
Revitalization Project. A grant in the amount of $850,000 was awarded to the County from the
North Carolina Department of Commerce, Division of Community Assistance, for housing,
rehabilitation, demolition and clearance, providing replacement housing and sewer construction. The
County’s financial commitment to the project assisted with the construction of the sewer system,
drainage, and road improvements. The County has accomplished more than originally proposed and
the Public Hearing will conclude the Kirkland project.
Vice-Chairman Greer requested an explanation of where the sewer line was installed.
County Engineer, Wyatt Blanchard, responded that the sewer line was extended to the Porters
Neck line up to the Pender County line.
Chairman Caster asked if anyone from the public would like to comment.
No comments were received.
Chairman Caster closed the Public Hearing.
County Manager O’Neal commented on the benefits of the project to the Kirkland
Community, and he complimented Ms. Coston for the outstanding job performed in completing this
project.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 10:39 p.m. to hold a Regular Meeting of
the Water and Sewer District Board.
Chairman Caster reconvened to Regular Session at 10:56 p.m.
ADDITIONAL ITEMS
RECOMMENDATION FOR HEALTH INSURANCE CARRIER FOR FY 1999-2000
County Manager O’Neal requested the Board to authorize Staff to move forward with
contracting for health insurance with United Health Care.
Commissioner Birzenieks spoke on the amount of time that would be incurred by staff with
the proposed change in health insurance carriers. He stressed the importance of the savings being
significant enough to warrant the change because of the impact on employees and staff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 253
County Manager O’Neal advised that in order to prepare for the change, it was necessary for
the process to begin. He noted that a great deal of time had been spent in trying to provide a good
health insurance coverage to county employees. Only two companies presented proposals, and the
company recommended will save the County at least $134,000.
Vice-Chairman Greer asked if he should vote on this issue when it is presented to the Board
since he is President of the N. C. Association of County Commissioners, which is one of the
companies that submitted a proposal.
County Attorney Copley noted that as long as Vice-Chairman Greer does not benefit
personally from the bid award, he should vote on the issue.
Deputy County Manager, Andrew J. Atkinson, reported the committee composed of county
employees unanimously recommended a change in the health insurance carrier. The benefits are
better and the same doctors in the current plan will be participating in the new plan.
DISCUSSION ON THE ELIMINATION OF STATE REIMBURSEMENTS
County Manager O’Neal requested the Board to adopt a resolution opposing the elimination
of state reimbursements.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt a
resolution to oppose the General Assembly eliminating $129 million of intangibles tax
reimbursements to local governments and using these funds to balance the 1999-2000 State Budget.
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 11.
DISCUSSION OF BILLS INTRODUCED IN CONGRESS REGARDING INTERSTATE
SHIPMENT OF MUNICIPAL SOLID WASTE
County Manager O’Neal presented a short article published in County News about bills that
have been introduced in Congress pertaining to interstate shipment of municipal solid waste.
Preliminary research indicates that the bills could be beneficial to New Hanover County. He
requested the Board to authorize staff to research this matter and write a letter to the Congressional
Delegation if needed.
Consensus:
It was the consensus of the Board to direct staff to perform more research on the bills
and authorize the Chairman to write a letter to the Congressional Delegation if necessary.
ANNOUNCEMENT OF RSVP LUNCHEON
County Manager O’Neal reported that since the County Commissioners would be in Raleigh
attending a Legislative Briefing of the N. C. Association of County Commissioners, Assistant County
Manager Patricia A. Melvin will be representing the Board at the RSVP Luncheon to be held by the
Department of Aging.
Commissioner Davis said since he would not be able to attend the conference in Raleigh he
would be glad to represent the Board at the RSVP Luncheon.
DISCUSSION OF COMPREHENSIVE DRAINAGE PLAN FOR NEW HANOVER COUNTY
County Manager O’Neal informed the Board that an item would be placed on the agenda for
the development of a Comprehensive Drainage Plan for New Hanover County. He requested
direction from the Board.
Vice-Chairman Greer noted that in one of the presentations made by the engineers, it was
suggested that a meeting should be held to discuss how the Board wants the plan to be developed.
Assistant County Manager Weaver informed the Board that a CAMA grant has been filed by
the County to assist with paying for the project. Notification of the grant award will not be received
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 254
until early fall. If the County proceeds with the project beyond a certain point, the County will not
be eligible to receive the grant.
Consensus:
After further discussion, it was the consensus of the Board for Assistant County
Manager Weaver to research the facts about the grant and place this item on the next agenda.
CANCELLATION OF WORK SESSION SCHEDULED FOR MAY 13, 1999
Vice-Chairman Greer reported that Aqua Sources has requested cancellation of the Work
Session scheduled for May 13, 1999 concerning the purchase of New Hanover County Water
Systems. He said that a meeting has been scheduled with representatives from the firm to meet with
the following persons to discuss the purchase: Commissioner Howell, Vice-Chairman Greer, Assistant
County Manager Weaver, Finance Director Shell, and County Engineer Blanchard.
Consensus:
It was the consensus of the Board to authorize Vice-Chairman Greer to proceed with
holding the meeting with representatives of Aqua Sources.
DISCUSSION OF TIDAL CREEK WATERSHED MANAGEMENT ADVISORY BOARD
Chairman Caster requested Assistant County Manager Weaver to comment on when the first
meeting of the Tidal Creek Watershed Management Advisory Board will be held.
Assistant County Manager Weaver advised that Assistant Planning Director, Patrick Lowe,
would be the Project Manager for the Advisory Board. Once all appointments are made, he will
schedule the first meeting.
Discussion followed on whether the City had appointed a representative to serve on the
Advisory Board. Ms. Lucie F. Harrell, Clerk to the Board, reported that Mayor Hamilton E. Hicks,
Jr. had notified the office that he would serve on the Advisory Board as the City’s representative.
REPORT ON “SAVE OUR STATE” MEETING
Vice-Chairman Greer reported on attending the “Save Our State” meeting held in Winston-
Salem, N. C. He advised that this was a group of influential people throughout the State who have
formed a team to learn more about environmental issues. The general feeling of the group is that
industry and environmental representatives should work together.
DISCUSSION OF EXCESSIVE FEES BEING CHARGED AT AIRLIE GARDENS FOR
SPECIAL EVENTS
Commissioner Davis commented on receiving complaints about excessive fees being charged
at Airlie Gardens for special events, and he asked if the Board should review the fees.
Consensus:
After discussion of the need to review the fees, the County Manager was requested to
place this item on the agenda for May 17, 1999.
ADOPTION OF RESOLUTION TO SUPPORT A FOUR-LANE HIGHWAY BETWEEN
WILMINGTON TO CHARLOTTE
Chairman Caster reported that the Board has been requested to adopt a resolution to support
a four-lane highway between Wilmington to Charlotte.
Consensus:
After discussion, it was consensus of the Board to place this item on the agenda for May
17, 1999.
DISCUSSION OF KURE BEACH TOWN COUNCIL OBJECTING TO THE LOCAL
OPTION ONE-CENT SALES TAX BILLS BEFORE THE GENERAL ASSEMBLY
Chairman Caster reported on the action taken by the Kure Beach Town Council to oppose
the local option one-cent sales tax bills being discussed in the General Assembly. He expressed
concern for some of the remarks made by members of the Kure Beach Town Council, and he
requested the Board to authorize him to sign the draft letter that had been prepared to send to
members of the Town Council.
Consensus:
After discussion, it was the consensus of the Board to authorize Chairman Caster to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, MAY 3, 1999PAGE 255
forward the letter to the Kure Beach Town Council.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:39 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board