1999-09-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 465
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
September 7, 1999, at 6:30 p.m. in the New Hanover County Courthouse, 316 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
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Howell led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
No items were presented.
Chairman Caster reported that Public Hearing Items 11.5 and 11.6 will have counsel present
at 8:15 p.m. to request continuance of these items.
APPROVAL OF CONSENT AGENDA
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Appointment of Social Services Appeal Hearing Officer
Pursuant to passage of Senate Bill 39, the Commissioners appointed Wanda M. Copley,
County Attorney, or her designee, to serve as the Tax Intercept Appeal Hearing Officer effective
September 7, 1999, through December 31, 1999. The State will resume this function through the
Office of Administrative Hearings effective January 1, 2000.
Adoption of Resolution to Award Contract #00-0111 to NABCO, Inc. For the Purchase of a
Total Containment Bomb Disposal System for the Sheriff’s Department and Approval of
Associated Budget Amendment #2000-06
The Commissioners adopted a resolution and approved the associated budget amendment to
award Contract #00-0111 to NABCO, Inc., as a sole source provider, pursuant to N. C. General
Statute 143-129(f) in the amount of $132,000 for the purchase of a total containment bomb disposal
system for the Sheriff’s Department. After research by the Sheriff’s Department, this was the only
manufacturer that makes a total containment bomb disposal system. A portion of the required funds
($70,000.00) has been previously appropriated and the remaining amount needed ($62,000.00) is
being transferred by the following budget amendment to Account No. 110-431-4311-3000-6400.
Budget Amendment#2000-06 - Federal Forfeited Property
DebitCredit
Federal Forfeited Property
Capital Project Expense$ 62,000
Transfer to General Fund$ 62,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 466
Sheriff’s Department Debit Credit
Transfer in (From Fund 348)$ 62,000
Capital Outlay$ 62,000
Explanation:
To adjust budgets for transfer from Federal Forfeited property fund to Sheriff’s
Department for the purchase of a bomb trailer.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution to Award Contract #00-0088 with Detroit Stoker Company for
Purchase of Grate Replacement Parts for the WASTEC Facility
The Commissioners adopted a resolution awarding Contract #00-0088 with Detroit Stoker
Company as a sole source provider, pursuant to N. C. General Statute 143-129(f), in the amount of
$107,843.75 to purchase replacement parts for the WASTEC Facility. The grate burning units can
only be purchased from the Detroit Stoker Company since they hold all drawings and specifications
to the parts. Funds for this purchase are budgeted in Account #700-485-4195-3920-25.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution to Award Contract #00-0104 to E.F. Craven Company for the
Purchase of One Crawler Excavator for the Vector Control Division of the Health Department
The Commissioners adopted a resolution approving Contract #00-0104 in the amount of
$112,621 to purchase one crawler excavator for Vector Control. The contract approval is made
under the “piggyback” option pursuant to NCGS 143-129. Funds have been budgeted for this
purchase in Account 110-510-5112-2000-6400.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution to Award Contract #00-0105 to Wally’s Fire & Safety for the Purchase
of Three Thermal Imaging Systems for Fire Services
The Commissioners adopted a resolution approving Contract #00-0105 in the amount of
$49,698 with Wally’s Fire & Safety, Inc. for the purchase of three thermal imaging systems for New
Hanover County Fire Services. Contract approval is made under the piggyback option pursuant to
NCGS 143-129. Funds have been budgeted for this purchase in Account 130-436-4340-6400.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution to Reject Bids Received for a Data Acquisition System (Bid #00-0022)
for the WASTEC Facility
The Commissioners adopted a resolution to reject the two bids received for purchase of a data
acquisition system for the WASTEC Facility. Both bids had deficiencies in their proposals and
exceeded the amount budgeted for the purchase.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 467
Acceptance of Grant Award to Cooperative Extension Service from the N.C. Department of
Agriculture for Development of a Farmers Market in New Hanover County and Approval of
Budget Amendment #00-0024
The Commissioners accepted grant-in-aid funds in the amount of $40,000 for the Cooperative
Extension Service for development of a Farmers Market in New Hanover County, and authorized the
Chairman to execute the “Request for Payment of Appropriations from the North Carolina General
Fund.” The following budget amendment was approved:
Budget Amendment #00-0024-Cooperative Extension-Extended Projects
DebitCredit
USDA Grant (Farmer’s Market)$40,000
Cooperative Extension Expenses $40,000
Explanation:
To increase budget for grant awarded to Cooperative Extension from the N.C.
Department of Agriculture to establish a Farmer’s Market. No County funds are required.
Adoption of Resolution to Authorize the Disinterment, Removal and Reinterment of Graves
Located on Property Owned by Eric R. Calhoun
The Commissioners adopted a resolution to move a headstone and any other grave remains
from a burial site over 100 years old. The proposed action will be performed by a licensed
undertaker, and the New Hanover County Engineering Department will be the designated entity to
oversee the removal activities.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
Adoption of Resolution to Authorize the Disinternment, Removal and Reinterment of Graves
Located on Property Owned by NeverEnough, Inc.
The Commissioners adopted a resolution to authorize a private property owner,
NeverEnough, Inc., to move three grave markers and remains associated with six grave sites from
a burial site located on the western side of Carolina Beach Road, north of Myrtle Grove Road. This
process will be performed by a licensed undertaker and the New Hanover County Engineering
Department will be the designated entity to oversee the removal activities.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 19.
Authorization for the Planning Department to file a Transportation Enhancement Grant for
Bicycle Improvements Along McMillan Avenue Between UNCW and Pine Grove Drive
The Commissioners authorize the Planning Department to submit a Transportation
Enhancement grant for bicycle improvements along McMillan Avenue between UNCW and Pine
Grove Drive. This project has been identified as a top priority in the 1999-2025 Wilmington Urban
Area Transportation Plan, and the road will provide the first dedicated link between UNCW and the
“River to Sea” bikeway which runs between downtown Wilmington and Wrightsville Beach.
The grant has been prepared by Staff from the County Planning Department, Wilmington
Planning Department, and the UNCW Chancellor’s office. The project will include bike lanes at least
four feet wide on both sides of the road, installation of bike route signs and adding pavement
markings indicating bike lanes. The estimated cost of the project is $220,000. The grant requires a
20% match which will be met entirely through in-kind services provided by UNCW and the City of
Wilmington. UNCW and the City of Wilmington will administer the grant.
Authorization for the Planning Department to File a Transportation Enhancement Grant
Application for Bicycle Improvements Along Greenville Loop Road and Pine Grove Road
The Commissioners authorize the Planning Department to submit a Transportation
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 468
Enhancement grant in the amount of $6,348 for bicycle improvements along Greenville Loop Road
and Pine Grove Road. The grant requires a 20% local match of $1,270.
If the grant is awarded, the County Manager is authorized to accept the grant and approve
a budget amendment transferring $1,270 from contingency to the Planning Department.
Approval of Free Days at the Coast Line Convention Center for the annual “How Does Your
Garden Grow?” Show Sponsored by the New Hanover County Arboretum
The Commissioners approved two free days for the annual “How Does Your Garden Grow?”
show sponsored by the New Hanover County Arboretum on February 5 and 6, 2000. The Chairman
was authorized to write a letter of notification to the Coast Line Convention Center and Arboretum.
Adoption of Resolutions Requesting the N. C. Department of Transportation to Add Roads
to the State Highway System
The Commissioners adopted resolutions to request the N. C. Department of Transportation
to add the following roads to the State Highway System:
Roads in Old Cape Cod @ Tidewater Plantation
Sun Coast Drive in Sun Coast Villas Subdivision
Bird Dog Court in Quail Woods Subdivision
Streets in Bayshore Estates
Streets in Saratoga Place Subdivision
Streets in Alamosa Place Subdivision
Streets in Legacy and Brittany Lakes Subdivisions
Streets in Courtney Pine Subdivision
Pages Creek Drive in North Hills Subdivision
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXV, Page 19.
Approval of Budget Amendment #00-0020 - Various
The Commissioners approved the following budget amendment:
Budget Amendment #00-0020 - Various
DebitCredit
Museum
Grassroots Science Grant
$136,487
Temporary Salaries$ 28,329
FICA 2,366
Medical Insurance 2,984
Disability Insurance 82
Retirement 999
Contracted Services 35,750
M&R - Equipment 2,000
Printing 6,264
Supplies 28,721
Auto Reimbursement 288
Travel 9,728
Insurance 800
Flow-Through 5,089
Capital Outlay 5,527
Motor Vehicles 7,560
Juvenile Day Reporting Center
Juvenile Day Reporting Grant$ 64,072
Contributions from Schools 21,305
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 469
Salaries$ 8,490
Contracted Services 46,103
Supplies 1,875
Capital Outlay 28,909
Cooperative Extension - Extended Project
Pesticide Recycling Grant$ 9,009
Urban Forestry Grant 2,840
Cape Fear Memorial Foundation Grant 4,803
Cooperative Extension Expense$ 16,652
Cooperative Extension
Master Gardener’s Grant$ 7,718
Temporary Salaries$ 7,170
FICA 548
Planning
CAMA Grant$ 5,000
Printing$ 5,000
Aging-Senior Center
VISTA Grant$ 1,353
Volunteer Auto Expense$ 1,353
Environmental Management - Recycling
Division of Pollution Grant$ 4,000
Salaries$ 2,000
Contracted Services 2,000
Emergency Management
N. C. Department of Crime Control Grant$ 2,920
Travel$ 2,920
Human Services Transportation
Transportation Assistance - Elderly/Disabled$42,035
Elderly$25,430
Disabled 18,445
General Public Transportation Assistance$ 8,453
General Public Expense$ 8,453
Transportation fees$ 1,840
Automatic Fingerprint System - Sheriff’s Dept.
AFIS Grant$ 2,774
Transfer in from General Fund 925
Supplies$ 2,203
Capital Outlay$ 1,496
Commissioners
Appropriated Fund Balance$ 925
Transfer to AFIS Grant$ 925
Explanation:
To rollover unexpended grant funds from FY 1998-99 to FY 1999-2000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 470
Approval of Budget Amendment #00-0021 - Department of Social Services - Child Day Care
The Commissioners approved the following budget amendment:
Budget Amendment #00-0021
DebitCredit
Child Day Care:
Federal/State Funds Increase - Child Day Care$662,335
Federal/Sate Funds Increase - Head Start $117,932
Day Care Services$662,335
Head Start$117,932
Explanation:
To budget additional Federal/State funds for Child Day Care.
Approval of Budget Amendment #00-0022 - Health Department - Child Health
The Commissioners approved the following budget amendment:
Budget Amendment #00-0022
DebitCredit
State Funding Increase - Child Health$3,145
Contracted Services$1,000
Printing 1,500
Departmental Supplies 645
Explanation:
Additional State funding for the Child Health Program.
Approval of Budget Amendment #00-0023 - Health Department - Partnership For Children
The Commissioners approved the following budget amendment:
Budget Amendment #00-0023
DebitCredit
Smart Start Grant - Partnership for Children$11,757
Contracted Services 1,200
Salaries and Wages$9,400
FICA 720
Retirement 466
Medical Insurance 1,777
Long-Term Disability Insurance 22
Departmental Supplies 572
Explanation:
Additional grant funding from Smart Start - Partnership For Children.
Approval of Tip Fee Waiver for the Carolina Air Expo - New Hanover County Airport
Authority
Carolina Air Expo
The Commissioners approved waiving the tip fee for the that is being
sponsored by the Airport Authority.
Approval of Tip Fee Waiver for Big Sweep Beach Cleanup - Keep America Beautiful
Big Sweep Beach Cleanup
The Commissioners approved waiving the tip fee for the
sponsored annually by Keep America Beautiful.
ADOPTION OF PROCLAMATION DESIGNATING SEPTEMBER 17-23, 1999, AS
CONSTITUTION WEEK IN NEW HANOVER COUNTY
Chairman Caster read a resolution submitted by the Daughters of the American Revolution
Constitution Week in New
Stamp Defiance Chapter to proclaim September 17-23, 1999 as
Hanover County.
He requested a motion to adopt the proclamation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 471
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
September 17-23, 1999 as Constitution Week in New Hanover County
proclamation designating
and to encourage all citizens to reflect on the privileges of being an American and living in a free
country. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster requested Ms. Judy Ward, a member of the National Society of Daughters
of the American Revolution Stamp Defiance Chapter, to step forward to receive the proclamation.
Ms. Judy Ward expressed appreciation to the Board for adopting the proclamation and she
invited the Commissioners to attend a Special Program at Moore’s Creek National Battlefield on
September 17, 1999 at 10:00 a.m.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXV, Page 19.
ADOPTION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER, 1999
AS “STOP RED LIGHT RUNNING” MONTH
Chairman Caster, on behalf of the Board, read a proclamation declaring the month of
“Stop Red Light Running”
September, 1999 as month, in order to remind motorists of the dangers
of running red lights. The goal of the resolution is to create a public awareness campaign to reduce
the numbers of accidents and injuries that occur from running through red lights.
Public Information Officer, Mark Boyer, reported a month ago, New Hanover Regional
Medical Center, the City of Wilmington, and New Hanover County began discussing ways to reduce
the number of accidents occurring in Wilmington. It was felt that adoption of a resolution by the City
and County would be an appropriate way to begin the public awareness campaign.
Ms. Alice Matthews, representing New Hanover Regional Medical Center, reported that New
Hanover County is the second smallest county in the State of North Carolina but it ranks #1 in car
crashes. Many of these accidents occur because people disregard traffic signals and run red lights.
There is a traffic accident every hour and one-half in New Hanover County with an injury every 1.9
hours, which costs the County over $22,000 per hour from car accidents. She stressed the
importance of promoting an educational campaign to create a public awareness of the need to observe
traffic signals.
Chairman Caster expressed appreciation to Ms. Matthews for bringing this matter to the
attention of the public and requested a motion to adopt the proclamation as read.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adopt the
“Stop Red Light Running Month”
proclamation designating September, 1999 as in New Hanover
County and urge all motorists to consider the consequences. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Ms. Matthews expressed appreciation to the Board for adopting the proclamation and
promoting this effort.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXV, Page 19.
PRESENTATION BY THE CAPE FEAR YOUTH SOCCER ASSOCIATION ON THE NEED
FOR ADDITIONAL SOCCER FACILITIES
Mr. Harry Tuchmayer, President of the Cape Fear Youth Soccer Association, reported this
was a volunteer organization for the County which provides a service in conjunction with the County
Parks Department for youth to play soccer. He advised that the purpose of the presentation was to
discuss rapid growth in soccer and present solutions to resolve the lack of soccer fields. He
introduced Mr. Robert Dansby to make the presentation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 472
Mr. Robert Dansby, Chairman of Cape Fear Soccer Board, presented a slide presentation on
the Cape Fear Soccer Association and discussed the following issues:
?
The Cape Fear Soccer Association is one of the largest soccer associations in the state.
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The Cape Fear Soccer Association, unlike some soccer associations, does not own any
facilities or dedicated facilities. The Association administers the recreational soccer program
for the county, but it is completely dependent on the New Hanover County Parks Department
for facilities.
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For the first time in the history of the Association, players are turned away. Nearly 300
children and adults are unable to play this season because there are not enough facilities to
support the teams.
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The Association has resorted to extraordinary lengths to play a full season. Matches have
been scheduled on Friday evenings and earlier on Saturday mornings creating a long schedule
on Saturday afternoons. With approval of the adult teams, matches have been scheduled
earlier on Sunday mornings. Currently, the Association cannot make up a “rained out”
weekend.
?
An Organization Chart was presented showing the Executive Board of the Cape Fear Soccer
Association.
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A chart was presented showing the growth of the program from Spring 1994 to Fall 2002.
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A chart was presented showing the need for enough soccer fields to accommodate 205 soccer
teams.
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If the Cape Fear Soccer Association grows at a conservative rate of 5% annually, it will add
10 new teams annually, 80 to 90 additional matches, and 25 hours of practice time weekly.
This rate of growth will require one new field annually.
?
A chart was presented on the economic impact to the area.
Mr. Dave Lewis, a county resident with three children playing in the Cape Fear Soccer
Association, expressed concern for the lack of facilities and fields for soccer teams. This is a
volunteer association that spends hours with training children to play soccer. Over 3,000 children
have registered to play soccer this fall, and many have been turned away. There is a significant
shortage of greenspace for soccer fields. With the need to share field time with other sports, the
human resources of the local soccer program have been drained. The Cape Fear Soccer Association
is a strong network of dedicated volunteers who spend their free time coaching and practicing with
children as well as maintaining soccer equipment and fields. Soccer is an important economic factor
to New Hanover County because the indoor and outdoor soccer tournaments bring visitors to the
community. These visitors stay in hotels, eat in restaurants, and purchase goods in retail stores.
Other counties in the State recognize this opportunity and support soccer teams with quality fields.
Mr. Lewis requested the Board to take the following actions:
?
Direct the Parks Department to complete the grading, reseeding, and irrigation systems of the
Castle Hayne athletic fields so they are ready for play by February 1, 2000.
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Direct the Parks Department to complete the grading, seeding, and irrigation of the Eaton
Elementary School athletic fields so they are ready for play by February 1, 2000.
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Direct the Parks Department to grade, seed, and irrigate the new fields at Veterans Park so
they are ready for play by September 1, 2000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 473
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Adopt a resolution directing the appropriate County officials to identify and secure sufficient
property in New Hanover County to accommodate 12 to 20 soccer fields for the purpose of
developing a Soccer Park in cooperation with the Cape Fear Soccer Association. The
Association will commit to raising one-half of the funds necessary for development of these
fields in partnership with the New Hanover County Parks Department. The process of
identifying and securing the site should be completed by April 1, 2000 with a meeting
scheduled as soon as practical between the appropriate County officials and the Facilities
Coordinator of Cape Fear Youth Soccer Association to develop schedules and time lines to
assure the first few fields at the new Soccer Park are playable by September 1, 2001.
Mr. Lewis expressed appreciation to the Board for having an opportunity to speak on behalf
of the Cape Fear Youth Soccer Association, and he requested the Board to take immediate action
on the items presented to resolve the problem.
Discussion was held on the actual number of fields needed. Mr. Tuchmayer explained that
the estimated 12 to 20 soccer fields in the proposed Soccer Park was a long range projection. Once
a site is selected, the soccer fields will be phased through a cooperative effort with the County. The
major request is to secure the space for the Soccer Park so it can become a reality. The other sites
mentioned should provide the following fields:
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Eaton Elementary School Site: 4 full size soccer fields and 1 small practice field.
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Castle Hayne Park Site: 2 full size soccer fields.
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Veterans Park Site: 4 full size soccer fields.
Mr. Tuchmayer said if the 6 fields at the Eaton Elementary School site and Castle Hayne Park
site are developed by fall, this will relieve the immediate need for fields. Once new fields are ready
for play, a Field Management Plan should be adopted to provide time for the Parks Department to
reseed fields and keep them in playable condition. Currently, there is no opportunity to reseed and
keep the soccer fields in good shape.
Discussion followed on the number of acres needed per soccer field. Mr. Dansby responded
approximately three acres per field, which would require 60 acres for 20 fields.
Commissioner Howell asked if a proposed budget had been developed for purchasing,
developing, and maintaining these fields.
Mr. Dansby responded that no budget had been prepared.
Commissioner Birzenieks requested Staff to comment on the current status of the Eaton
Elementary fields.
County Manager O’Neal responded that Staff has been directed to move forward with
preparing the Eaton fields including irrigation and other needs. After the meeting with the Board of
Education, the terms of a lease agreement were discussed, and the County Attorney is in the process
of completing the final agreement, which will have to be approved by both boards.
County Attorney Copley advised that she would provide a copy of the proposed lease at a
later date.
County Manager O’Neal advised that the Eaton fields should be ready by Spring 2000. He
also reported on discussion that has been held with the President of Cape Fear Community College
(CFCC) about using a portion of the land acquired for the CFCC Northeast Campus to develop
soccer fields. It appears that once engineering studies are completed on the site, CFCC is willing to
allow the County to use some of the space for soccer fields.
County Manager O’Neal commented on the cost of developing a soccer field and stated it will
be difficult to project a cost until a site has been selected and the type of soil is identified as well as
drainage issues.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 474
Commissioner Birzenieks commented on a conversation held with Mr. Tuchmayer regarding
a bond issue regarding the acquisition of greenspace, and he asked if the Cape Fear Soccer
Association would be supportive of a bond issue that will include development of soccer fields.
Mr. Tuchmayer responded that the Cape Fear Soccer Association would be supportive of a
greenspace bond issue for acquiring passive space and active recreational space. He suggested
specifically identifying a portion of the bond proceeds to be used for development of soccer fields,
which would create a great deal of support throughout the community for passage of the bond
referendum.
Chairman Caster said that a ballpark figure for 60 acres would be $1,800,000, which could
be included in the greenspace initiative.
County Manager O’Neal advised the Board that Staff has been active in trying to identify
some properties for athletic fields and recently has found some space that would be less than
$1,800,000 for 60 acres; however, this option has not been fully explored.
Discussion followed on the possible use of County owned properties for development of
soccer fields. County Manager O’Neal advised that New Hanover County owns 40 acres of land on
Carolina Beach Road near Veterans Park; however, due to wetlands, the entire tract cannot be used
for development of soccer fields. The County also owns approximately 200 acres on Blue Clay Road,
but the soils do not drain well because of clay content.
Mr. Tuchmayer said that development of a Soccer Park will provide quality fields for games
and allow time for both the Schools and Soccer Park fields to be maintained with a reduction in use.
He stated currently the school athletic fields are being fully utilized by soccer teams.
Chairman Caster advised that commitments for development of soccer fields at Eaton
Elementary School, Castle Hayne Park and Veterans Park are well underway and should provide
some relief to the soccer teams. The possibility of securing 60 acres for development of a Soccer
Park is another issue that can be included as part of the greenspace bond referendum, which will be
presented to the voters in May 2000.
Commissioner Davis asked when the fields at Ogden Park will be completed.
Mr. Tuchmayer responded that fields in Ogden Park had already been completed; however,
these fields are being used by football teams. In the spring, the Ogden Park fields can be used by the
soccer teams. The Cape Fear Soccer Association is requesting a commitment from the Board to
complete the fields at Eaton Elementary School by Spring 2000.
Commissioner Davis asked when the fields at Veterans Park will be completed.
County Manager O’Neal responded when the Board schedules a Work Session to discuss
capital projects before the end of the month, the development plans for Veterans Park will be
discussed. Funding in the amount of $600,000 was appropriated in the budget for planning with no
money included for development work.
Vice-Chairman Greer asked if the fields at Castle Hayne would be irrigated.
Parks Director Lewis advised that funding was not budgeted for irrigating the Castle Hayne
athletic fields. Discussion has been held by the Parks and Recreation Advisory Board about
converting these fields from a practice facility to a game facility, which will require lighting and
irrigation. If money is left over from other projects, those funds will be used to develop the Castle
Hayne fields into game fields.
Vice-Chairman Greer recommended moving forward with irrigating and lighting the two fields
at Castle Hayne Park.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 475
County Manager O’Neal said that Staff can prepare a budget amendment to develop the two
fields at Castle Hayne.
Commissioner Davis commented on being fully supportive of the soccer program, but
expressed concern for making a commitment without funding in place. He also noted that many
people are in favor of the greenspace bond to purchase land left in its natural state, develop parks,
etc. He recommended clearly identifying the items that will be funded by the greenspace bond issue
before presenting it to the voters.
Mr. Dansby requested the Board to make a commitment to the Cape Fear Soccer Association
because of the immediate need to address this issue. He commented on current fields being scattered
throughout the county and said that the location of new fields referenced by the County Manager
would only increase this problem. Supplying field coordinators for each soccer facility every weekend
drains the Association’s resources. The advantage of constructing a Soccer Park will be to eliminate
the distance between fields and allow the Association to provide a better program for the youth.
Chairman Caster expressed appreciation to Mr. Dansby and Mr. Tuchmayer for appearing
before the Board and making an informative presentation. He advised that the Eaton and Castle
Hayne soccer fields are in progress; however, the Board will have to review funding for the fields at
Veterans Park, continue to negotiate with Cape Fear Community College for use of land at the North
Campus and decide if the Soccer Park can be included as part of the greenspace bond issue. Staff
will work as quickly as possible to have more fields available by the spring.
APPROVAL OF ASSIGNMENT OF ACQUISITION AGREEMENT FOR MASON’S INLET
PROJECT
County Attorney Copley requested the Board to approve the assignment of the agreement
negotiated by Figure 8 Beach Homeowners Association, Inc., and the Shell Island Homeowners
Association with the Hutaff Trust for acquisition of an inlet corridor with adjoining easements for the
Mason’s Inlet Project. As previously presented to the Board, the Homeowners Associations will
.
initially bear the $40,000 earnest money required at the contract signingThe contract will then be
assigned to the County.
County Attorney Copley informed the Board that if the County cannot obtain the necessary
permits and the project is not performed, New Hanover County will not be responsible for the
$40,000.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the
contract as recommended by the County Attorney . Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
APPROVAL OF AMENDMENT TO DESIGN CONTRACT WITH SHARPE ARCHITECTS
ON OPTIONS/ALTERNATIVES FOR NEW COUNTY ADMINISTRATIVE SPACE
County Manager O’Neal reported when the Board decided to build a new jail without using
space in the existing jail, it would be beneficial for the Board to consider an amendment to the
existing contract with Sharpe Architects to allow this firm to evaluate use of the 3rd floor space in
the BellSouth Building and use of space in the Law Enforcement Center to accommodate other
county activities. This evaluation will include the costs involved with any type of renovation.
Commissioner Howell asked if the contract amendment in the amount of $39,500 will cover
studying the BellSouth and Law Enforcement Center for proposed use of space as well as the soil
boring for the Blue Clay Road site.
Discussion followed on whether any specific site had been selected for the new jail facility.
Vice-Chairman Greer said until the Board renders a final decision on a particular site, he feels the soil
boring should not be performed on the Blue Clay Road site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 476
Deputy County Manager Atkinson advised that performing the soil boring would provide an
idea of the soils on the site and if there are any unknown problems other than the old county landfill.
This information will be needed for the Board to know if the jail can be placed on the site.
Commissioner Howell requested a figure on the cost of the soil boring.
Deputy County Manager Atkinson responded $11,400.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve an
amendment to the design contract with Sharpe Architects in the amount of $28,100 to analyze the
possibilities of converting the existing Law Enforcement Building and third floor of the Bell South
Building. Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of the contract amendment is on file in the Legal Department.
AUTHORIZATION TO MOVE FORWARD WITH INSTALLATION OF WIRING FOR
GENERATORS IN SHELTERS DURING EMERGENCIES FOR THE REMAINDER OF
THE CALENDAR YEAR 1999
Health Director David Rice introduced the Chairman of the Board of Health, Mr. William
Steuer, to make a presentation on a temporary plan to provide wiring for connection of generators
at the school shelters during hurricane events at a cost of $25,700.
Mr. William Steuer, Chairman of the Board of Health, reported on the immediate need to
provide generators to the shelters during hurricane and emergency events. The lack of power in
shelters has created problems of drug and alcohol abuse, residents walking around in the nude, and
young girls being chased by older men. The shelters are hot and humid with no lights, clogged toilets,
and people becoming ill. County personnel operating the shelters have been faced with trying to
protect the safety of the public under conditions that have created a great deal of stress. The Board
of Health is concerned about the safety of staff and persons in the shelters without adequate electrical
power. Fortunately, no serious problems occurred during the last hurricane.
Mr. Steuer advised that he met with Vice-Chairman Greer, Health Director Rice, and County
Manager O’Neal to determine what should be done to provide adequate emergency power to shelters
during the 1999 hurricane season. Another meeting was held with the Emergency Management
Department to ascertain when the wiring and generators switches would be installed. The Board of
Health was informed that a grant had not been received by the Emergency Management Department
to pay for installing two of the generator switches for two shelters. The Director of Emergency
Management was not sure that any grant funds would be received. It was also learned that
Emergency Management was planning to furnish multiple small generators to the shelters that do not
provide adequate electrical power and become a safety problem because of the number of extension
cords needed to operate portable lights and fans.
After reviewing and studying the matter, the Board of Health has recommended the following
alternative solution in collaboration with Carolina Power & Light Company (CP&L) and the New
Hanover County Inspections Department:
?
Install the necessary wiring to transfer power to generators early in the emergency event.
CP&L will disconnect power to four schools approximately four to five hours before the
emergency to allow the 400 KW generators to be connected immediately upon a State of
Emergency being declared by the Board of County Commissioners.
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The cost of this alternative is $25,700 to purchase materials and supplies to connect the
generators and pay for the required engineering and system installation.
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This alternative can be accomplished in two to three weeks if priority efforts are assigned to
the project.
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The materials installed can be re-used for a permanent mode of operation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 477
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Carolina Power & Light Company will assist with this alternative through 1999 contingent
upon installation of permanently installed manual transfer switches by 2000.
Mr. Steuer urged the Board to consider this alternative solution to provide safe shelters for
the general public and County personnel.
Chairman Caster asked if the $25,700 was for installing the alternative in each school shelter.
Mr. Steuer responded the $25,700 would provide the necessary wiring to allow four schools
to connect to a large generator. The materials placed in these schools will be re-used in installing
permanent transfer switches. This would be a one-time expense for the equipment; however,
recovery costs from FEMA will depend upon whether New Hanover County receives a direct strike
from the hurricane. This means that a great deal of money can be spent leasing generators if the storm
does not make a direct hit. All parties involved are now discussing whether the generators should
be leased or purchased because a generator can be placed in each school at a cost of $100,000. The
cost of leasing the generators during a hurricane event ranges from $50,000 to $250,000.
Vice-Chairman Greer, the County Commissioners’ representatives on the Board of Health,
explained that currently New Hanover County has a contract with a company to bring in generators
when needed. In the past, generators have been delivered to the schools and cannot be used because
transfer switches have not been installed. This is an expensive process. In order to address the
immediate need for the school shelters, the Board of Health has requested CP&L and the New
Hanover County Inspections Department to use an alternative way to connect the power to the
generators for one year at a reduced cost. CP&L has agreed to allow this alternative to be used if
the permanent transfer switches are installed by next year. The wiring for this alternative can be used
with installation of permanent switches.
Commissioner Birzenieks asked Vice-Chairman Greer if he supported the alternative solution.
Vice-Chairman Greer responded that he was in favor of this alternative.
County Manager O’Neal requested the Board to appropriate funding from the General Fund
Contingency if the alternative solution is approved.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve the
alternative solution as recommended by the Board of Health, appropriate funding in the amount of
$25,700 from the General Fund Contingencies, and authorize Staff to move forward as quickly as
possible so the schools shelters will be ready by the hurricane season. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
BREAK
Chairman Caster called a break from 7:55 p.m. until 8:10 p.m.
APPROVAL OF DECLARATION OF BREACH OF CONTRACT BY CORRVANTIS
Director of Social Services, Wayne Morris, reported that two months ago, the Board of Social
Services was requested to review the contract with Corrvantis for the operation of the Child Support
Enforcement Program. He provided the following information on how the program became effective:
The Child Support Enforcement program has been in operation in New Hanover County since
the mid l970's. From the beginning, the federal government has encouraged states to invest
resources into this program by offering lucrative financial incentives. These incentives are
provided in three forms: The federal government reimburses the county 66% of all
administrative costs; a portion of the Child Support collected for children receiving Work
First is returned to the county to offset the public assistance cost; and incentives are paid
when certain performance criteria are met. Historically, these revenues surpassed the
expenditures made in the program. From FY 1992 through and including FY 1996, revenues
exceeded expenditures in the New Hanover County Child Support Program on an average
of more than $190,000 each year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 478
In July 1995, Work First began in North Carolina as a welfare reform initiative. New
Hanover County’s caseload of 2,801 began a steady and dramatic decline. At the end of FY
1996-97, the caseload had declined by 38%. Consequently, Child Support revenues declined.
In FY 1996-1997, the County’s profit dropped to $62,000. In FY 1997-1998, the last full
year that DSS operated the program, the profit evaporated with expenditures exceeding
revenues by more than $145,000. During that period, the Work First caseload continued to
decline.
Service Design Associates (now known as Corrvantis) proposed to take over the Child
Support Enforcement program in late February 1999. At that time, the Work First caseload
had dropped by approximately 50% or 1,435 cases. When the contract was approved by the
Board of County Commissioners in September 1998, the caseload totaled 986. Since that
time, the caseload has declined to 855.
Effective October 1, 1998, New Hanover County entered into a contract with Service Design
Associates (SDA) to operate the Child Support Enforcement Program and to put the
necessary staff resources in place by increasing the staff from 23 to 34. The contract required
SDA to assume responsibility for all aspects of the program and guarantee that revenues will
exceed expenditures by $175,000. Should revenues fall short, SDA would be required to pay
New Hanover County. During the first six months of the contract, October 1998 through
March 1999, expenditures exceeded revenues by $322,000. That payment was due on June
30, 1999. A partial payment of $150,000 was received. In the last three months of the fiscal
year, April-June 1999, the County was due to receive $178,000. At this time, Corrvantis
owes the County approximately $350,000 and the total continues to rise at a rate of $60,000
per month; however, only $172,000 is overdue.
In closing, Director Morris advised that Mr. Sherman Lee Criner, Chairman of the DSS
Board, would like comment on future action.
Mr. Criner reported that Mr. Corriveau approached Director Morris in April 1999 requesting
to re-negotiate or amend the current contract. It was at this time the County discovered that
SDA/Corrvantis had not obtained the performance bond. Corrvantis is a company owned and
operated by Dennis Corriveau, who was formerly with SDA. Numerous questions quickly arose as
to whether or not there was a valid contract with Corrvantis? Had Corrvantis breached the contract
by not obtaining the performance bond? Had New Hanover County waived Corrvantis’ failure to
obtain a performance bond? Was Corrvantis a viable company? Director Morris informed the New
Hanover County Board of Commissioners about this situation on May 3, 1999. The County
Commissioners requested the DSS Board to review the proposed contract amendment and make a
recommendation to the Board.
The Board of Social Services scheduled a meeting on May 13, 1999, and requested the
attendance of Mr. Corriveau, a representative from the New Hanover County Finance Department,
and a representative from the Legal Department. The meeting was conducted with the intent of
gathering relevant and exhaustive information so an informed recommendation could be made to the
Board of County Commissioners. Exchanges of information continued to occur after the meeting.
Mr. Corriveau was given a specific deadline to provide financial records and to obtain a
performance bond. These conditions have been met. Corrvantis is now in compliance with the
contract and has stated the company will abide by the terms and conditions of the contract, although
he may have to reassign some employees to other areas of the business. Mr. Corriveau is still
interested in renegotiating the contract. He indicated that his company is not profitable because of
the diminishing welfare roles, which were not properly accounted for in his business plan.
Mr. Criner presented the following summary of the current situation:
1.The year prior to the contract with SDA/Corrvantis, New Hanover County’s cost for
operating the program exceeded revenues by approximately $141,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 479
2.Corrvantis has remedied any breach of contract by procuring a performance bond.
3.Current employees with Corrvantis (former employees of the Department of Social Services)
indicate they do not wish to return as county employees based on the county pay scale.
4.Corrvantis is requesting a payment schedule to help the cash flow of the company.
5.Corrvantis is requesting a reallocation of overhead expenses.
6.Corrvantis will abide by the terms of the contract but will reallocate employees to help with
expenses.
7.At the end of one year, Corrvantis is no longer under an obligation to reserve employment for
the former employees of the Department of Social Services.
Mr. Criner advised that the DSS Board has thoroughly reviewed the situation with two
primary goals:
1.There must be assurance that an appropriate level of service is being provided to New
Hanover County citizens in the most cost effective manner.
2.Any action recommended will not put New Hanover County at risk of breaching the contract
and providing Corrvantis with legal remedies.
Mr. Criner said the Board of County Commissioners can do nothing at this point or consider
a breach of contract and allow the Department of Social Services to operate the Child Support
Enforcement Program. The Board of Social Services recommends sending Corrvantis a 30-day
notice of intent to terminate the contract based upon a breach of contract for non-payment of
$322,000 due to New Hanover County on June 30, 1999, as previously agreed upon. If Corrvantis
remedies the beach within the 30-day period, the contract will not be terminated and it will continue
as written. If Corrvantis fails to remedy the breach, the contract will be terminated. The Board of
County Commissioners will then be faced with how the Child Support Enforcement Program should
be operated.
In closing, Mr. Criner expressed appreciation to the Board for an opportunity to review the
case and make a recommendation.
Chairman Caster asked Mr. Dennis Corriveau, President of Corrvantis, if he would like to
comment.
Mr. Dennis Corrvantis presented a report to each member of the Board outlining the following
data:
Results - Exhibit 1.1:
This exhibit explains the company’s focus on end-results and customer
satisfaction. It also seeks to address some confusion that has developed over the measurement of
end-results. In Child Support Enforcement, the level of service is easily measurable. The end results
of the company’s work is a collection received from a non-custodial parent, that is placed in the hands
of a family or used to reimburse the taxpayer for welfare costs. Collections that are placed in the
hands of families or used to reimburse taxpayers for welfare costs are reported as “distributed
collections” by the State Department of Health and Human Services. Distributed collections should
not be confused with “allocated” collections, which include amounts that are stuck in the system and
which may eventually have to be refunded to the non-custodial parent. If the collection is not
distributed to the correct party, the job has not been finished. If you cannot distinguish between
TANF and Non-TANF collections, you are not talking about collections that have reached their
rightful destination. In addition to achieving the distributed collections end-results, the Company is
also concerned with the quality of its interactions with customers. Responsiveness to the needs of
customers is measured through client surveys and telephone system reports.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 480
Results - Exhibits 1.2:
This exhibit is a graph of total distributed collection from FY 1997 through
FY 1999 for New Hanover County and the State of North Carolina as a whole. From 1997 to 1998,
the rate of increase in Statewide collections was greater than the rate of increase for New Hanover
County. From 1998 to 1999, this trend was reversed. The rate of increase in New Hanover County
exceeded the rate of the statewide increase.
Results - Exhibit 1.3:
Comparing FY 1999 collection with FY 1998 collections, indicates that New
Hanover County’s rate of increase was 14% compared with a statewide increase of 11%. Comparing
the fourth quarter of 1999 with the fourth quarter of 1998, indicated that New Hanover County’s rate
of increase was 21% compared with a statewide increase of 12%. For all Corrvantis operations, the
full year increase was 18% and the fourth quarter increase was 22%.
Results - Exhibit 1.4:
This exhibit shows the fourth quarter results as shown in Exhibit 1.3 and
indicates that New Hanover County’s performance is approaching the full-year level of performance
achieved in counties where Corrvantis has operated the Child Support Enforcement Program for a
longer period of time. All Corrvantis operations are performing at a level that exceeded the average
of all other county-operated programs. Onslow and Davidson counties have realized increases of
23% for the full year of operations.
Results - Exhibit 1.5:
This exhibit shows the customer satisfaction ratings and telephone system
statistics. About 95% of customers surveyed have given the company either an excellent or above
average approval rating. The large majority of responses were excellent. Handling almost 5,700 calls
in the last month showed that hold time per customers was one minute and 51 seconds.
Financial Impact - Exhibit 2.1:
This exhibit shows the net revenue for New Hanover County. As
long as the contract remains in force for its intended time period and is not modified, Corrvantis is
committed to provide the services at the agreed upon price of $175,000 per year. If New Hanover
County had continued to operate the program, the projected net loss would have been $320,000 in
1999; $480,000 in 2000, $480,000 in 2001, for a total loss of $1,280,000. Under the existing
contract, New Hanover will receive revenue from Corrvantis in the amount of $175,000 per year for
a total of $525,000 for 1999-2001.
External Factors - Exhibit 3.1:
This exhibit shows the decline in county net revenue throughout the
last four years. Actual FY 1999 expenditure data for all counties has not been published. The rate
of decline in FY 1999 greatly exceeded the rate of decline in the prior three years.
External Factors - Exhibit 3.2:
This exhibit shows that Corrvantis yielded a 22% increase in Non-
TANF Collections. However, due to welfare reform, TANF Collections decreased by 24%. As
indicated, the overall New Hanover County collections increased by 14%. The expected level of
performance did not produce the expected level of revenue.
In concluding the report, Mr. Corriveau advised that Corrvantis was willing to live under the
existing contract with the $175,000 commitment through the end of September. He explained that
Corrvantis cannot control the decline in welfare rolls which has created a problem for the company.
Under the terms of the contract, Corrvantis is not in breach of the contract. If the company is
dismissed, it must be dismissed for convenience.
Discussion was held on why Corrvantis had not paid the billing for Sheriff Department
services. Chairman Caster said that Corrvantis had received monthly invoices for wages, benefits,
and mileage incurred by assigned deputies. The total amount due to the Sheriff’s Department is
$30,414.26, of which $21,698.41 is past due. Chairman Caster also asked why the contract with
Davidson County was terminated.
Mr. Corriveau stated the Davidson County contract ended with a natural termination. He
explained that tonight was the first time he had been able to discuss this matter with the Board of
County Commissioners. The major issue is the decrease in the welfare rolls. Child protective cases
were down by 40%. This decline has impacted every county throughout the state. He requested the
Board to consider providing him enough time to establish a time table for receiving payments.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 481
Mr. Criner expressed concern for allowing another delay of payment because the time frame
was extended at the June meeting until September 30, 1999. The DSS Board is requesting the terms
of the contract to be enforced.
A lengthy discussion followed on the breach of contract. Finance Director Shell explained
that the breach of contract occurred on June 30, 1999, and the legal staff was aware of this situation.
When Mr. Corriveau appeared before the DSS Board, he stated that payment could be made by
September 30, 1999. The Board of Social Services granted a nine weeks extension; therefore, if the
payment can be made by September 30, 1999, Mr. Corriveau would still have 30 days to cure the
breach.
Mr. Criner advised that Mr. Corriveau will argue that welfare rolls were down 14% in New
Hanover County which created a financial problem with his company; however, it is interesting to
note that his company has not been able to make money under contracts with other counties. He said
if he cannot live up to the conditions of the contract, the Child Support Enforcement Program can
be operated in-house by the Department of Social Services.
Mr. Corriveau offered to provide a copy of the document on the exact number of cases
provided and stated that child protective cases were down by 40% statewide.
A lengthy discussion was held on the breach of contract. Vice-Chairman Greer said if the
Board of Social Services allowed Mr. Corriveau a nine week extension in June, the breach of
contract would not occur until September 30, 1999.
After further discussion, County Attorney Copley suggested holding Mr. Corriveau in breach
of contract effective September 8, 1999, which will give the company until October 8, 1999 to
remedy the breach.
Chairman Caster advised that he was in favor of privatization whenever possible, and he
requested direction from the Board.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to declare
SDA/Corrvantis in breach of the contract and direct the County Attorney to send the appropriate
notification breach of contract letter allowing thirty (30) days for the company to cure the breach by
full payment of all monies due New Hanover County on or before October 12, 1999. Failure to
comply will result in termination of the contract. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the letter is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXV, Page 19.
PUBLIC HEARING TO CONSIDER THE WATER AND SEWER PROJECT IN THE
WILMINGTON/HANBY BEACH AREAS, ADOPTION OF FINAL ASSESSMENT
RESOLUTIONAND APPROVAL OF CONTRACT AMENDMENT #98-0260A WITH
ENGINEERING DESIGN SERVICES, P.A.
Chairman Caster welcomed Carolina Beach Mayor Ray Rothrock and Kure Beach Mayor
Betty Medlin. He opened the Public Hearing.
Finance Director Shell advised that a copy of the assessment had been mailed to all property
owners, and the Public Hearing was being held to receive input from the property owners. He
presented the following information on the assessment project:
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New Hanover County will be installing the water and sewer system to the Wilmington/Hanby
Beach areas.
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New Hanover County will recover its capital costs by assessment of each property owner
based on the square footage of the lot.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 482
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The projected assessment cost for water and sewer for a 5,000 square foot lot is $2,761. The
actual assessment will be determined based on the actual construction cost.
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If the property owner wishes to pay the $2,761 assessment over 10 years, the annual cost will
be projected at $358 for principal and interest.
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In addition to the assessment, each property owner will pay impact fees to either Kure Beach
or Carolina Beach, depending on which town annexes the particular lot, and pay for a
plumber to connect the water and sewer to the house.
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The Towns of Carolina Beach and Kure Beach will operate the water and sewer collection
system and charge a monthly user fee.
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Property owners will be required to connect to the sewer. Connection to the County water
system will be voluntary. In all cases, payment of the assessment for both water and sewer
will be mandatory.
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The assessment charge will be listed on and payable with the tax bill.
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The projected assessment charge of $1,261 includes the cost for one sewer tap and one water
tap for one lot.
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Each existing house or commercial structure will be required to have at least one water and
one sewer tap.
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If the property is vacant, the property owner may choose not to have a water and sewer tap.
The assessment will be reduced accordingly. It is important to note that installation of a
water or sewer tap at a later date will significantly increase the cost. The total cost will be
borne by the property owner.
Chairman Caster asked if Mayor Medlin or Mayor Rothrock would like to comment.
Mayor Medlin expressed appreciation to the Board of County Commissioners and County
Staff for the effort given to provide water and sewer services to the Wilmington/Hanby Beach area.
She presented the following information:
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The Annexation Ordinance for south of Alabama Avenue will become effective January 1,
2000. Annexation has no effect on the County installed water and sewer project.
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A minimum monthly meter charge for water and sewer for 1999-2000 is $32 minimum with
a 3,000 gallon minimum included. An additional $2.75 per 1,000 gallon charge in excess of
3,000 gallons.
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A user fee of $2,500 will be charged for new construction and it must be paid when
submitting a building permit from the Town of Kure Beach.
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A meter deposit of $60 will be required.
Mayor Medlin offered the assistance of staff if any questions needs to be answered during the
Public Hearing.
Mayor Rothrock commended the Board of County Commissioners for assisting with the
provision of water and sewer services to Hanby Beach and Wilmington Beach. He presented the
following water and sewer fees and rates:
Deposits:
Commercial: $135
Residential $110
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 483
Water & Sewer Rates:
Water:$4.44 for first 1,000 gallons, then $2.17 per 1,000 gallons
Sewer$6.86 for first 1,000 gallons, then $4.74 per 1,000 gallons
Sewer Only:$35 per dwelling unit
Charges for out-of-town customers will be twice those of similar services inside
the town limits.
User Fees:
None for existing structures
$1,000 per bedroom for new construction
Tap Fees:
None for the current project (included in the County Assessment)
$600 for water, $700 for sewer (after project)
Chairman Caster asked if anyone from the public would like to comment.
Mr. Chap Reeves, a resident of the Wilmington/Hanby Beach area, requested the Board of
County Commissioners to remember that many of the residents are retired and on a fixed incomes.
While water and sewer services are sorely needed, the price is shocking. The Commissioners were
requested to consider reducing the 6% interest over the 10-year period to reduce the overall cost to
the residents.
Mr. Reeves also expressed concern for the double charge to residents living outside Carolina
Beach town limits. He requested County Staff to seek any grants that would assist with the financing
the water and sewer project. After hearing discussion earlier, about residents in the
Hanby/Wilmington Beach area exceeding the $40,000 median income, the Commissioners should
request Staff to review these figures because this calculation is wrong. Many of the residents do not
have annual incomes that exceed $40,000 annually.
In closing, Mr. Reeves reminded the Commissioners that water and sewer services are basic
amenities This funding is not for athletic playing fields or for planting azalea bushes in Airlie
Gardens. These are needed services, and the Board is being requested to provide the citizens with
more financial assistance.
Vice-Chairman Greer informed Mr. Reeves that since meetings were held with the residents
of the Wilmington/Hanby Beach area, grant money has been received from HUD and funds will be
appropriated for this project.
Mr. Charles Lambert, a resident of 1519 Pinfish Lane, expressed appreciation to the Board
for allowing the residents to comment. He referenced the residential deposit of $110 and asked if any
interest would be returned to the customer. He also asked where the meters will be placed.
Vice-Chairman Greer responded that placement of meters will be decided upon by the Town
of Carolina Beach and the Town of Kure Beach.
Mr. Lambert also expressed concern for being charged twice as much as Carolina Beach
residents, and recommended a change in the ordinance.
In closing, Mr. Lambert asked why New Hanover County did not request funding for a sewer
system 20 years ago when the federal government was making loans for this purpose. He also asked
why the Wilmington/Hanby Beach area did not receive a $2,000,000 funding appropriation for sewer
as recently done for Castle Hayne.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 484
Vice-Chairman Greer informed Mr. Lambert that Castle Hayne was not receiving a sewer
system.
Mayor Rothrock informed Mr. Lambert that a portion of the deposit will be refunded;
however, he was not sure about the amount. Once this matter has been discussed with the Carolina
Beach Utilities Director, the residents will be informed about the deposit refund. Also, the Town
ordinance requiring a double charge for outside residents could be amended before the residents of
Wilmington and Hanby Beach receive water and sewer.
Ms. Georgia Valersterni, a property owner at Wilmington Beach, disagreed with the statement
that the City of Wilmington charges double for sewer service once the areas are connected. She
commented on owning a house outside the City Limits in the Masonboro area and said when sewer
was provided to the lot by the City, it cost only $400 for property four times the size of her 50' x 100'
lot in Wilmington Beach. The County is requesting $2,761 with a double charge to flush toilets
because she is outside the City Limits of Carolina Beach. She said this was taxation without
representation.
Deputy County Manager Weaver informed the Board that Ms. Valersterni was referring to
the County sewer that was provided to the Masonboro area, not City sewer. The New Hanover
County Water and Sewer District does not impose a double charge for persons connecting to the
system because these residents live in the unincorporated area of the county.
Vice-Chairman Greer stressed the importance of all residents understanding that New
Hanover County does not have control over ordinances adopted by the municipalities.
Mr. Donald Carmody, a resident of Hanby Beach, requested the Board to provide more
assistance to the residents with installation of the water and sewer services. He suggested removing
control of the project from the two towns that border the sides of the Wilmington/Hanby Beach area.
He also expressed concern for the method of assessment to the property owners, and suggested
assessing the number of feet running along the property instead of the square footage basis. He
offered to pay his fair share of assessments and said the method used does not seem reasonable.
County Manager O’Neal explained that the Board of County Commissioners legally sits as
two separate boards: (1) the New Hanover County Board of County Commissioners; and (2) the
New Hanover County Water and Sewer District Board. When the Water and Sewer District was
established by the federal regulations a number of years ago, this District was imposed on properties
north of Snow’s Cut. The District cannot be expanded beyond this point. The water and sewer
project will be financed by borrowing money through Certificates of Participation on behalf of the
citizens living in the Wilmington/Hanby Beach area. The County will be required to pay back the
money and by State Law can add an interest fee to recover the interest being paid on the Certificates
of Participation. The laws governing the State of North Carolina established four different ways to
charge assessments. The assessment method selected by the County will provide the most equitable
way to charge residents living in the Wilmington/Hanby Beach area.
Mr. Carmody asked what percentage was being charged to New Hanover County on the
money being borrowed from the financial institution.
Finance Director Shell explained that the money has not actually been borrowed. When the
County goes to market, the interest rate being charged will be applied to the loan. Currently, the
interest rate is over 5.5%. New Hanover County is not trying to make money, but the County is
trying to recover the cost of the project. Also, the extraterritorial jurisdictions of Carolina Beach and
Kure Beach extend to Alabama Avenue. Residents living south of Alabama Avenue should be aware
of ordinances governing water and sewer services provided by the Town of Kure Beach, and
residents living north of Alabama Avenue should be aware of ordinances governing water and sewer
services provided by the Town of Carolina Beach. Once the water and sewer is provided to the area,
the residents will become customers of Carolina Beach and Kure Beach.
County Manager O’Neal informed the residents that New Hanover County is serving as a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 485
pass through agency to provide the money to make this project become a reality.
Ms. Helen Jackson, a resident of Hanby Beach, stressed the importance of receiving water
and sewer services for the Wilmington/Hanby Beach area and stated she hesitated to make negative
comments about a project so badly needed. She asked why there was such a difference in the square
footage charged to some residents compared to other residents. For example, her lot is 50' x 150'
with a square footage of 11,500 feet; however, the property behind her house cannot be used because
of CAMA regulations, but she is being assessed for the total amount of square footage. When
reviewing the Lynch properties comprised of three lots, they are only being charged with 5,000
square feet per lot. This is one of the largest lots in the area. Her ex-daughter-in-law lives in a
mobile home on a double lot and she is being charged for 10,000 square feet. She requested an
explanation of how the square footage was calculated and why the Wilmington/Hanby Beach area
could not be part of the New Hanover County Water and Sewer District.
Deputy County Manager Weaver commented on oceanfront lots and advised that Staff will
review the lots where the beach renourishment removed footage from properties. In these cases, the
assessment will be reduced. Also, the $2,761 assessment sent out as a sample on the fact sheet will
be required of all existing structures in place. If a residential structure is placed on two lots, the
property owner will be assessed the $2,761 for one water and one sewer tap. If the property owner
desires a water and sewer tap to serve the adjacent lot, there will be an assessment of $2,761. If the
property owner does not want a water and sewer tap for the adjacent lot, the assessment will be
reduced by the amount of tap that would be required.
County Manager O’Neal reported when the Water and Sewer District was established in
1983, it was determined by federal regulations to allow a District from north of Snow’s Cut Bridge
because of the difficulty in crossing under the bridge. The current Commissioners were not on the
Board, and federal criteria had to be met to establish the Water and Sewer District. The County is
serving as a pass-through agency for money on behalf of the citizens living in the Wilmington/Hanby
Beach area. Numerous residents from the area have approached the County about providing these
services, and under State Law, this is the only way to provide water and sewer services to the area.
Mr. Mike Cooper, owner of the Sea Ranch Motel at Wilmington Beach, commented on
having Carolina Beach sewer with payment of impact fees and said that Carolina Beach already has
a sewer line running to the area. He asked if it was fair to receive double assessment in this type of
situation.
Finance Director Shell informed Mr. Cooper that any residents already connected to Carolina
Beach sewer would not be assessed.
Vice-Chairman Greer asked if the numbers on the fact sheet were correct.
Assistant County Manager Weaver responded these are estimated numbers and reported when
the bid for the overall project is received from the contractor, the actual figures will be calculated.
Mr. Joe Salem, a resident of Wilmington Beach, asked if bonds could be used to pay for this
project.
County Manager O’Neal explained that assessing property owners is a way under State Law
that New Hanover County can borrow money for a specific project.
Mr. Joe Salem asked if the formula utilized was the most inexpensive figure.
Vice-Chairman Greer informed Mr. Salem that staff was requested to calculate the figures on
the high side.
Mr. Joe Salem asked if more than one bid will be received for the project.
County Manager O’Neal responded that at least three bids are required by State Law before
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 486
an award of contract can be made.
Finance Director Shell advised that it will take approximately 15 months before the
assessments are imposed. The bid has to be awarded and the figures will be calculated at that time.
No assessments will be made based on estimated figures.
Ms. Andrea Edwards, a resident of Wilmington Beach, asked if there was a general fund
available for the Wilmington/Hanby Beach area. She noted that taxes had doubled in the area, and
the residents would like to know why financial assistance is not being provided for the project.
County Manager O’Neal advised that no property tax dollars have been expended for water
and sewer services in the unincorporated area of the county. Sales tax and grant monies plus charges
for water and sewer fees have paid for the installation of sewer. The County is borrowing $3,500,000
from a lending institution with this money being paid back over a period of years with interest charged
to the county. No money will be made by New Hanover County; therefore, the residents are being
requested to pay the County back to repay the lending institution.
Ms. Edwards strongly objected to paying taxes and the Wilmington/Hanby Beach area not
receiving any services.
Chairman Caster informed Ms. Edwards that County taxes pay for the court buildings,
schools, the County Jail, health services and social services.
Commissioner Howell presented a copy of last year’s budget showing how County funds are
expended.
Mr. Charles Lambert asked if New Hanover County had purchased any sewer or water
systems in the county, and if so how much was assessed to the customers.
Assistant County Manager Weaver explained that New Hanover County had purchased
several water systems. In these cases, the cash flow from monthly fees pays the debt service.
Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the
Final Assessment Resolution to assess real property owners in the Wilmington/Hanby Beach area for
the provision of a public water and sewer system. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Final Assessment Resolution is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXV, Page 19.
APPROVAL OF CONTRACT AMENDMENT #98-0260A TO ENGINEERING SERVICES,
P.A. FOR THE WILMINGTON-HANBY BEACH PROJECT
County Engineer, Wyatt Blanchard, advised that until recently the Wilmington-Hanby Beach
Sewer project was considered to be two projects, Phase I for the developed area, and Phase II for
the undeveloped area. Carolina Beach and Kure Beach have requested the County to include design
and construction of a water system parallel with the sewer system to reduce the overall project cost
and minimize the inconvenience to the residents living in the area. Staff has met with the Tucker
brothers, owners of a large portion of the undeveloped property, to determine the exact cost for
Phase II. It was found that only a small portion of the undeveloped property was proposed to be
served. Since the undeveloped portion of the project has been reduced, Phase I and II can be
combined into one project.
In order to add the area not originally included in Phase I and to add water for the project,
it will be necessary to amend the engineering contract. Staff has negotiated and received an additional
fee from Engineering Services, P.A. in the amount of $114,350 to perform the additional design work
and provide contract administration.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 487
In closing, County Engineer Blanchard advised that Staff recommends approval of the
amendment to the contract.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve an
amendment to the Engineering Design Services P.A. contract in the amount of $114,350 to perform
the additional design work, and to authorize the Chairman to execute the necessary contract
documents . Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
BREAK
Chairman Caster called a break from 10:00 p.m. until 10:15 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY ROBERT HIGH FOR FUTCH
CREEK PROPERTY, LLC TO REZONE 13.2 ACRES IN THE 8700 BLOCK OF MARKET
STREET FROM R-15 RESIDENTIAL TO CD CONDITIONAL USE DISTRICT (B-1) (Z-
672, 8/99)
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 step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Robert High
Margaret Gray
Mary B. Nixon
Brownie Murray
Reverend David Foy
Tony L. Lockett
Planning Director, Dexter Hayes, reported that the Planning Board voted 5-1 in favor of the
applicant’s request with modifications. Changes from the original request included limiting the CD
(B-1) District to Phase 1 only and restricting each building to no more than 5,000 square feet.
Several Kirkland residents spoke in opposition at the Planning Board meeting. Concerns included
additional traffic and noise, increased taxes, child safety, and residential impacts to the 75 homes in
Kirkland. The residents also stated that proposed commercial services in the area would have no
benefit, as services were available at Porters Neck Shopping Center less than one mile from their
homes.
Planning Director Hayes presented the following preliminary findings of fact:
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.The property is located in the Ogden VFD District
B. The site will have direct access to a proposed Service Road for Market Street (part of the
Highway 17 By-Pass).
C. Sewer service will be provided by the County.
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 meeting the minimum requirements has been submitted.
B. Parking requirements of 1 space per 400 square feet of building area will be required.
C. Building size is limited to a maximum of 5,000 square feet.
DBuffer yards and setbacks from adjoining residential property will be met.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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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.
A.The property will have direct access on the proposed service road.
B. Adjacent properties are developed with housing or are vacant.
C.Commercial property is located at the intersection of Futch Creek Road and Market Street
and northeast of the site.
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. Commercial property is located to the southwest at Futch Creek Road and northeast (1,000
feet) from the site.
B.The proposed service road will accommodate traffic using commercial services.
Commissioner Davis asked if the modifications recommended by the Planning Board would
change Staff’s recommendation for denial of the request.
Planning Director Hayes responded that Staff does not feel another commercial center is
needed in this area because of the nearby Porters Neck Shopping Center. Also, the site is across the
road from an established residential neighborhood, known as the Kirkland Community.
Chairman Caster asked if the petitioner would like to comment.
Mr. Robert High, representing the petitioner LLC, reported efforts have been made to provide
a plan to accommodate the concerns presented at the Planning Board meeting. It is the desire of the
developer to rezone a portion of the original request, which is Phase I of the 13-acre tract. The
original request was for B-2 zoning, but after discussion with the Planning Department, it was
decided to request a B-1 Conditional Use. To address the concerns of residents in the Kirkland
Community, all permitted uses that would not be compatible with nearby residential properties have
been removed from the plan. Buffers will be provided and the size of buildings have been limited.
Mr. High commented on the commercial uses along Market Street and stated that plans have
been made by the N. C. Department of Transportation (NCDOT) to place a major intersection in
front of the property. There will be an access from Futch Creek Road south with a multi-lane
intersection with a median crossover by the property. It is felt this tract of land is not suitable for
residential use, and the proposed plan will provide an attractive transitional use that will benefit
surrounding properties.
Mr. High requested the Board to approve the Conditional Use zoning, and he offered to
answer questions.
Chairman Caster asked Mr. High if the plan had been scaled back to the development shown
under Phase I.
Mr. High responded at the beginning of the project, B-2 zoning was requested; however, after
learning this would not be compatible with surrounding neighborhoods, the plan was scaled back to
a B-1 Conditional Use zoning for Phase I with remaining property remaining residentially zoned.
Ms. Margaret Gray, representing W. K. Dickson, reported the developer is requesting B-1
Conditional Use zoning to develop a 3-acre tract to create a transition area between the interchange
that will be installed by the NCDOT. The proposed traffic count per day is 43,000 trips. At this
intersection, the road will be four lanes with an elevated overpass that will crossover Highway 17 near
the Kirkland Community on Market Street. Stephens Church Road will become a cul-de-sac. The
proposed plan will create a transition use with traffic islands, trees, and single-story buildings limited
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 489
to 5,000 square feet, which will create a neighborhood atmosphere.
Chairman Caster asked if anyone sworn in would like to speak.
Ms. Mary B. Nixon, a resident of the Kirkland Community, expressed concern for the current
traffic on Market Street which has become a traffic hazard for residents going in and out of the
community. She said the residents do not want further commercial encroachment into their
neighborhood.
Vice-Chairman Greer asked Ms. Nixon if she was aware of the proposed service road that will
be a separate road off Market Street.
Ms. Nixon responded that she was aware of the service road, but stated this would not make
a difference with the increased traffic from the proposed commercial facilities.
Ms. Brownie Murray, a resident of the Kirkland Community, said her major concern was the
type of uses that will be placed in the buildings. She said that Kirkland is a historic neighborhood of
homes, churches, cemeteries, and a community building. With the nearby Porters Neck Shopping
Center, there is no need for additional commercial development. If this request is approved, there
will be noise and increased traffic that will make it unsafe for the children living in the community.
She presented a petition of persons opposed to the rezoning and requested the Board to deny the
request.
Reverend David Foy, representing the Kirkland Community, commented on this being a nice
community with homes and families, and he stated with the nearby shopping center, there is no need
for additional commercial development. He requested the Board to deny the rezoning request.
Mr. Tony Lockett, a resident of Kirkland Community, said he had lived in the Kirkland
Community for five years. After serving in the Marine Corps and traveling around the country, this
was a real community where everyone knows each other. The additional business uses are not needed,
and further commercial encroachment could destroy a community that was established after slavery.
He requested the Board to deny the request.
Mr. High advised that when the intersection is constructed by NCDOT, Market Street will
not be as accessible. The plan is to provide a business area to accommodate the surrounding
properties so they will not have to travel Market Street. He also said that he had tried to contact the
property owners in Kirkland and left a copy of the plan with Ms. Green.
Discussion was held on the proposed intersection. Ms. Gray said that Stephen Foster Road,
which is an existing right-of-way that serves part of the Kirkland Community, will become a service
road on one side and a new service road will be constructed on the other side.
Further discussion was held on the uses that have been eliminated for the permitted uses in
the B-1 Conditional Use. Planning Director Hayes reported the petitioner has agreed to eliminate
bars, discos, funeral homes, hotels, museums, fraternal organizations, landscaping facilities, recycling
facilities, landfills, etc.
Ms. Nixon expressed concern for approving this request and stated at a future date Mr. High
will want to develop the entire tract of land for commercial uses, which will destroy the quality of life
in the Kirkland Community.
Chairman Caster asked Mr. High if he concurred with the findings as presented by the
Planning Director.
Mr. High agreed with the findings as presented.
Vice-Chairman Greer stated the Kirkland Community is a historic community that has been
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 490
in existence for years. The residents have created a good neighborhood that does not deserve to be
encroached upon by commercial development. He informed the Board that he could not vote to
approve the rezoning request.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to deny the
request based upon the evidence presented concluding that the location and character of the use will
not be in harmony with the area in which it is to be located. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER REQUEST BY JEFF SMERKO TO AMEND THE
NEW HANOVER COUNTY THOROUGHFARE CLASSIFICATION PLAN BY
RECLASSIFYING HINTON AND PARK AVENUES TO COLLECTOR ROAD STATUS (A-
298, 8/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the Planning Board voted 6-0 to recommend
approval of reclassifying Park Avenue to a collector road status. Even though Hinton Avenue met
the criteria for collector road status, the Planning Board concurred with the staff and several Hinton
Avenue residents that the proposed road designation was not compatible with the existing residential
neighborhood.
Chairman Caster asked if anyone present would like to comment.
Mr. Jeff Smerko spoke in support of the Planning Board’s recommendation and said he would
amend his request to reclassify Park Avenue only and withdraw the petition for Hinton Avenue.
There being no further public comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to reclassify Park
Avenue from a residential street to a collector road and allow Hinton Avenue to remain a local
residential street. Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXV, Page 19.
APPROVAL OF REQUEST BY LONNIE WILLIAMS, JR. FOR JOHN COBLE TO
CLARIFY/REVISE ORIGINAL SPECIAL USE PERMIT OF DECEMBER 1991
SPECIFYING THE NUMBER OF DINING SEATS AT TRAILS END RESTAURANT
LOCATED AT THE EASTERN TERMINUS OF TRAILS END ROAD (S-336, 9/91; 10/98;
9/99
Chairman Caster opened the Public Hearing and announced that the special use process
required a quasi-judicial hearing; therefore, any persons wishing to speak must step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Lonnie B. Williams, Jr.
John Coble
Linda Greenough
Jon Burt
Karen Cross
Mike Marushack
Robin Taylor
James M. Lillis, Jr.
Planning Director, Dexter Hayes, reported the Board of County Commissioners recently
denied a request for expansion of the restaurant facility to the adjacent residential lot on the north side
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 491
of the property. At that meeting, there was concern about the number of seats permitted in the
original Special Use Permit granted in 1991. The purpose of this hearing is to clarify the number of
dining seats that should be permitted in the existing restaurant.
The Planning Board heard the request by John Coble to clarify the original number of seats
permitted in the 1991 Special Use Permit. After hearing the evidence, the Planning Board voted 6
to 0 to recommend increasing the Special Use Permit from 110 dining seats to 195 based on the
existing use of the property and the consequences of limiting the number of seats to 110. Several
nearby residential property owners were opposed to increasing the number of seats and expressed
concern about adequate parking for 195 seats as well as directional lighting for the restaurant. The
Planning Board addressed the lighting concern in the findings by requiring the lighting to be installed
to shine only on the parking lot.
Planning Director Hayes presented a revised site plan of the restaurant facility and the
proposed layout showing the 75 parking spaces that will be needed to accommodate the 195 seats.
The parking requirement is 1 space per 3 seats and 1 space per two employees.
Commissioner Davis commented on reading the agenda materials and said in 1991 when the
first expansion of the facility was approved by the Board of County Commissioners, the findings of
fact stated that the restaurant had 90 seats before the 20 additional seats were added which authorized
a total of 110 seats. Mr. John Coble is contending that an error was made in counting the number of
existing seats in the restaurant when the 20 additional seats were approved. Mr. Coble contends that
85 existing seats were not counted in 1991, which would have increased the number of existing seats
to 175 plus 20 for a total number of 195 seats.
Planning Director Hayes agreed with the statement made by Commissioner Davis and stated
this hearing is being held to determine the actual seats that were intended to be approved by the
Board of County Commissioners when they issued the Special Use Permit in 1991. He advised that
documentation in the Planning Department shows that 20 additional seats were added to the existing
95 seats. There are no records in the Inspections Department to show the exact number of existing
seats in 1991.
Commissioner Davis asked if Mr. Coble would have to meet the new parking requirements
if 85 seats were in existence when the additional 20 seats were added in 1991.
Planning Director Hayes responded that the Board will have to determine what was previously
assumed to exist under the 1991 parking requirements. The revised plan presented tonight will not
meet the current parking requirements in terms of landscaping and setbacks from adjacent properties.
If the Board decides the original number of seats should have been 195 and the parking space was
adequate at that time, the Commissioners can determine that current parking regulations do not have
to be met. The Board also has the option to impose the current parking requirements.
Chairman Caster asked if the petitioner would like to comment.
Mr. Lonnie Williams, Jr., representing John and Carol Coble owners of the Trails End
property, and the site of the Trails End Steak House, said they had appeared before the Board several
months ago in an effort to expand the restaurant, and the application was voted down by this Board
of County Commissioners. At that hearing, some of the residents argued that the existing Special Use
Permit only allowed 110 seats in the restaurant. As a result of that, a complaint was made to the New
Hanover Code Enforcement Officer requesting that seats actually be removed from the restaurant.
In fact a letter was written by the Code Enforcement Officer to Mr. Coble.
Attorney Williams stated that he held discussions with the Code Enforcement Officer and
requested that the Officer refrain from taking action to remove seats from the restaurant until he
could approach the Board of Commissioners to clarify what he thinks is simply a mistake. There was
no limitation imposed based on the number of seats in the restaurant, there was a limit placed on the
square footage for the building. Prior to the granting of the Special Use Permit in 1991, the only
limitations on the number of seats in the restaurant were the required parking and the fire code
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 492
requirement.
Attorney Williams advised that Mr. Coble desired to expand the front dining room, and he
filed for a Special Use Permit in 1991. He said that Mr. Coble is present and he will briefly explain
the situation in the restaurant concerning the seating at that time.
Mr. John Coble, head proprietor of Trails End Steak House, expressed concern for having
to appear before the Board and stated he felt it was a waste of time and effort, but he was compelled
to defend what was rightfully his as granted in the 1991 Special Use Permit. He reported on March
23, 1987, at the close of business there were 98 seats in the Trails End Steak House. At 6:00 a.m.
the next morning, there were no seats due to a fire. Upon rebuilding the restaurant and opening on
April 26, 1988, there were 175 permitted seats. In 1991, after petitioning the Planning Board and
the Board of County Commissioners, a Special Use Permit was granted to add 20 additional seats
bringing the total to 195 seats. When the County Commissioners were approached about increasing
the number of seats in the front dining room from 90 to 110 seats, the Special Use Permit was
granted for 20 additional seats. The 85 seats in existence were not included in the permit. For the
past seven years, the restaurant has functioned in this manner, and parking as been accommodated
as required under the 1991 parking regulations.
In closing, Mr. Coble offered to answer any questions and stated he was trying to protect
what was rightfully his own.
Commissioner Davis asked Mr. Coble if he was capable of providing adequate parking for 195
seats.
Mr. Coble said on the original plot plan for the Special Use Permit there is a written condition
by Ms. Ann Hines, the Zoning Enforcement Officer, requiring him to give up a driveway to reduce
the amount of impervious surface. This is the reason for the large green section behind the restaurant
dedicated as vegetative area.
Commissioner Davis asked Mr. Coble if he would have to use his adjacent residential property
to meet current parking requirements, or could this be accomplished on the designated historic site.
Mr. Coble responded the adjacent lot would have to be used to comply to current parking
regulations.
Commissioner Davis asked Mr. Coble if any part of the adjacent residential area would be
used for the business.
Mr. Coble said the adjacent lot would not be used for business.
.
Attorney Williams said the sole intention in granting the Special Use Permit in 1991, was to
allow Mr. Coble to expand the front dining room of the restaurant. Obviously he would have never
sought any relief that would have resulted in a loss of seats. In the permit itself, the heading refers
to “Dining Room Addition”, which means more dining space and more seats. This was the whole
purpose. The permit refers to the fact that 728.5 square feet of space will be added. This is why the
Special Use Permit was needed. As a non-conforming use, Mr. Coble could not add square footage
without a permit; however, adding more seats does not require a permit as long as adequate parking
is provided and the Fire Code is met. The only reference of the number of seats in the entire permit
is under Paragraph 3A, Subparagraph 3. That particular paragraph deals with satisfying the required
conditions and specifications for a restaurant, including handicapped access, setbacks, buffering and
parking. Subparagraph 3 is concerned only with the issue of parking. It contains recitals about the
seating capacity of the restaurant. Those recitals were and are erroneous. But the paragraph
concludes by stating that ample parking was available. That conclusion was the only purpose of that
subparagraph. If you then refer to the conclusion of the permit, it states in Paragraph 6 that the
permit is granted and there is no condition shown anywhere concerning any limitation on seating.
Attorney Williams said essentially there were two arguments to be presented:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 493
(1) The Special Use Permit as currently written does not impose a specific seating limitation.
There was no seating limitation prior to 1991, and no limitation was intended by the permit
issued in 1991. Mr. Coble is required to comply with the parking and the Fire Code
requirements applicable to the restaurant.
(2) In Paragraph 3A, Subparagraph 3 of the permit, the number of seats referenced is in error,
and it should be corrected for the record. It states that the seating capacity for the restaurant
is being increased from 90 to 110 dining seats. In fact, the front dining room seating capacity
was increased, as a result of the permit, from 90 to 110. However, in 1991, there were 85
other seats in the restaurant. These seats were there when Mr. Coble made the application
in 1991, and they are still there.
Attorney Williams concluded that the total seating capacity is 195 and it has been in existence
since the 1991 Special Use Permit. There is adequate parking on the site to support the seating and
Mr. Coble has presented that plan to the Board. Trails End Steak House is a unique restaurant that
should have an opportunity to continue to exist and compete. The relief was fashioned in such a way
that it would not affect other businesses or open “Pandora’s Box.” There is not another business in
New Hanover County that meets the requirements of the Historic Restaurant District. As a result of
the permit being issued, the restaurant has had 195 seats continuously since 1991. Any resident or
public official has been free to come and observe the restaurant and many have doubtless been there
during that time, including most of the neighbors who have raised this issue. Until now, no one has
tried to suggest that Mr. Coble is not entitled to the seats in the restaurant. A member of the Planning
Board said last month that when Mr. Williams appeared before the Planning Board he could not
believe this conversation was being held.
In closing, Mr. Williams advised that Mr. Coble had come before the Board of County
Commissioners to ask for an opportunity to remain competitive in the future. At this time, that
opportunity is not there, it has been denied. Now Mr. Coble is asking to be allowed to remain
competitive, and the decision made by the Board of County Commissioners will determine whether
Mr. Coble can continue his business as he has for the last eight years. Removal of 85 of the 195 seats
in the restaurant will mean the loss of 44% of his seating capacity. Purely and simply, this is Mr.
Coble’s business. Restaurant seats are all he has to offer. Imagine reducing the production of your
business by 44%. Needless to say, this would almost certainly doom the restaurant to failure. Mr.
Coble is a hard working, industrious individual, who employs people and benefits the local economy.
The Planning Board and Board of County Commissioners in 1991 saw that relief was appropriate,
and 2 members of that Board currently serving on this Board, were involved with that process.
Attorney Williams requested that the permit be corrected and clarified to insure that what was
intended in 1991 is not denied in 1999. He also pointed out that there were several people present
who would like to comment.
Ms. Linda Greenough, a property owner on Trails End Road, said she grew up on this road
and stated that Trails End Steak House has always been a way to identify this area and road. She
stated that Mr. Coble has done everything that a business owner should do, and she feels that his
livelihood would be taken away, if the seats are removed from the restaurant.
Mr. John Burt, speaking on behalf of himself and Karen Cross, commented on the
conversation about increasing the size of the restaurant, and stated since the number of seats was not
increased, theoretically the traffic did not increase. He spoke on Mr. Coble’s business being an asset
to the community and stated if Mr. Coble is required to reduce the seating capacity by 44%, he may
have to sell the restaurant to someone who will not care about the neighborhood. He stated the
members of the Twin Oaks Homeowners Association support Mr. Coble’s request.
Mr. Mike Marushack referenced comments made by a gentleman at the last Planning Board
meeting and said that he could not believe that a person was talking about “a little yuppie
neighborhood” that was trying to get rid of this restaurant. He assured the Board this statement was
not true and stated residents living on Trails End Road have enjoyed the restaurant. The neighbors
have never approached the Board requesting any limitations, reductions, or restrictions on the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 494
restaurant. The neighbors are not trying to take Mr. Coble’s business or livelihood away from him.
They hope that Trails End Restaurant will continue to be a successful restaurant as it has been since
1930. However, the neighbors are trying to protect the neighborhood and property values.
Mr. Marushack stated that he would like to believe everything that Mr. Coble has said is true;
however, he was not there and the only information available is the recorded minutes of the two
meetings in 1991 and the meeting where the Special Use Permit was granted. It appears that Mr.
Coble wanted to expand his restaurant in 1991, but was not able to because he was in a residential
neighborhood. He approached the Planning Board and was denied the expansion by a 6 to 1 vote
based upon concern for the introduction of such facilities in a residential area would prevent further
residential decline. For that reason, a Special Use Permit was requested for designating the Trails
End Steak House as a historic restaurant so the expansion could occur. At this meeting, some
people spoke and expressed concern for the historic restaurant designation being granted because of
Mr. Coble’s influence in the community. It was felt that if a person of lesser stature had made the
request, it would have probably been denied. Interestingly, this is the only historic restaurant in the
entire county.
Mr. Marushack noted that Mr. Coble has already stated that before the fire, there were only
91 seats; therefore, the square footage had to be the same. This leads to the conclusion that in the
beginning there were 90 to 98 seats. Mr. Coble was allowed to expand the restaurant by 728 square
feet and add 20 more dining seats. This brought the total number of seats to 110. Counting
employees, 41 parking spaces were needed and there was enough land to meet the existing parking
requirements. Reading from the minutes of December 2, 1991, other conditions were placed on the
permit regarding traffic, lighting, and noise. At the end of the presentation, Chairman Matthews
“asked the petitioner if he agreed to the findings as presented by the staff, which includes 90 seats
increasing to 110 seats, and if he would abide by the traffic, lighting and noise generation
requirements. Mr. John Coble, the petitioner, concurred with the findings and statements as
presented.” The Special Use Permit allowed the historic restaurant addition and increased seating
from 90 to 110.
Mr. Marushack said as a concerned citizen he did not care about the exact number of seats,
but he wants to make sure that the restaurant does not infringe upon the property values and that the
surrounding neighborhood remains as “normal”. Mr. Coble says that he has room for 75 cars;
however, it is difficult to believe the site is large enough to accommodate 75 parking spaces. This
has been evidenced by the fact that employees are parking on the R-15 lot adjacent to the restaurant.
This is why concerned citizens in the area called and asked for the Zoning Enforcement Office to
check into this matter. The citizens were informed that Mr. Coble could not park 10-15 cars on his
adjacent R-15 lot. The cars had to be parking in the parking lot. Since this time, more cars are being
parked on the road accessing the restaurant.
Mr. Marushack presented photographs of cars blocking driveways and keeping residents from
leaving their homes during hours of operation, which indicates that parking spaces are not available
in the parking lot. He said the neighbors do not want to take Mr. Coble’s business away from him,
but over time, Mr. Coble has proven that he is not willing to comply with the regulations set by the
Board of County Commissioners. He has more seating than was recommended, and he has not
corrected the lighting, which shines directly into the Intracoastal Waterway. Nothing has been done
about vegetation and landscaping as required in the 1991 Special Use Permit.
Mr. Marushack requested the Board to consider the following recommendations:
1.Mr. Coble should be required to comply with the 110 seats as approved by Board agreed
upon by Mr. Coble in 1991.
2.Mr. Coble should be required to comply with the other conditions agreed to in 1991, namely
41 designated off street parking spaces.
3.Mr. Coble should be required to comply to the lighting conditions of the permit.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 495
4.There should be some motivation required for Mr. Coble to begin this compliance, for
example, he should be required to put money in an interest bearing escrow account that he
can get back as soon as he complies with all the conditions of the 1991 Special Use Permit.
Ms. Robin Taylor, a resident of 155 Trails End Road, stated she was not opposed to Mr.
Coble’s restaurant; however, she would like to comment on Mr. Coble’s light that is directed toward
the Intracoastal Waterway. She expressed concern for this light blinding boaters traveling the
Intracoastal Waterway at night. After calling the Coast Guard about the light, she was informed that
New Hanover County would have to deal with this issue because the light is located on property
within the county. When contacting the County, she was informed that New Hanover County does
not have jurisdiction because the light is located on private property. Ms. Taylor requested the Board
to enforce the lighting requirement under the 1999 Special Use Permit.
Ms. Taylor read from an article published in the Star News on September 1991 saying , “Mr.
Coble had already asked for an exception to let him add space for 20 more people in the red barn style
restaurant, which now seats 90 people.” It appears that the Star News also felt that 90 seats
were in the restaurant when the request was made. Regardless of the number of seats, Mr. Coble
should comply to some restrictions.
Ms. Taylor said according to additional landscaping requirements for parking lots, the policy
reads as follows: “Parking lot interiors and parking spaces shall be blocked or curbed to prevent
vehicles from either parking on planted islands or landscaped yards by an average of more than one
foot”. Under Section 71 of the Zoning Ordinance, it reads as follows: “Special uses shall comply with
the height, yard area, and parking regulations for the use district in which they are permitted.”
Ms. Taylor said in order to know if the parking lot is in compliance with the Zoning
Ordinance, the spaces will have to be blocked with railroad ties or some other material that will
compliment the building. She requested the Board to require some type of blocking and provide
ample time for Mr. Coble to comply. Ms. Taylor said the neighborhood does not want to hurt Mr.
Coble, but they do not want to lose the integrity of the area.
Commissioner Davis asked Ms. Taylor how she would feel if Mr. Coble marked off the
required number of parking spaces.
Ms. Taylor responded if concrete curb blocks, similar to those used at the Pilot House or in
the Chandler’s Wharf area would be fine.
Commissioner Davis asked Planning Director Hayes if the Zoning Ordinance required parking
spaces to be blocked.
Director Hayes responded that parking spaces are required to be designated on the ground.
Ms. Taylor again reiterated the fact that Mr. Coble is not in compliance with the lighting,
seating and other items. She stressed the importance of the Board making the necessary changes to
the Special Use Permit to specifically identify the requirements so Mr. Coble will know what he has
to do and the residents will know what they have.
Vice-Chairman Greer requested Ms. Taylor to explain how the curb stops will make her feel
better about the parking lot.
Ms. Taylor said that she does not feel that Mr. Coble has enough room on the lot for 75
parking spaces.
Vice-Chairman Greer asked Ms. Taylor if the curb stops are installed, will Mr. Coble have
to do something else to please the neighbors.
Ms. Taylor responded that she wants to be sure that Mr. Coble can actually fit that many cars
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 496
on the commercial lot.
Vice-Chairman Greer said it was difficult to understand this concern when cars have been
parking at the restaurant for the past seven years.
Ms. Taylor responded that people have been parking along Trails End Road and on easements
for the past seven years. The residents will feel more secure if specific requirements have been
followed by Mr. Coble. There are some nights that cars are parked on both sides of the easement.
If Mr. Coble had blocked areas, this would not occur.
Vice-Chairman Greer asked Ms. Taylor if there were boat trailers parked in the area.
Ms. Taylor responded that the gate had taken care of this problem.
James M. Lillis, Jr., a resident of 620 Trails End Road, said he agreed with the remarks made
by Mr. Marushack. He advised that having designated parking areas would really help the patrons
to know where to park when dining at the restaurant. It would also improve the number of parking
spaces, because cars are parked haphazardly to the point where customers have to park on both sides
of the road. He informed the Board that no boat trailers are in the area because cars parked on the
sides of the road make it impossible to use the road.
Mr. Coble expressed concern for hearing many remarks that are not true. He advised that
boat trailers are in the area and said they have never been removed. Due to more control, the trailers
are not as noticeable. In response to marking parking spaces, the hurricane washed away the wooden
parking designators that were in place, and these can be replaced. In response to lighting, there are
two large floodlights. One light is directed on his adjacent lot and private pier, and the other light is
directed toward a marsh island that is uninhabited in front of the building. When riding down the
waterway in his boat, there is no problem with the lights until a person looks directly toward the
property. The lights are not a hazard to persons navigating the Intracoastal Waterway at night.
Mr. Coble noted that to his immediate right when facing the water, there are two new
neighbors, Mr. Lillis and Mr. Craig, who have chosen to install 360 degree mercury vapor lamps on
their docks. The lights prevent him from being able to sit in his dining room and look out to the
southeast, and they shine directly into his place of business and his parking lot; however, nothing has
been said about the lights.
In concluding his remarks, Mr. Coble stated that he believes when Mr. Matthews asked him
if he was satisfied with 20 additional seats during the special use hearing, his answer was yes because
he was referring to the front dining room, not the entire building.
Chairman Caster asked for comments from the Board.
Commissioner Birzenieks said he would like to hear from Ms. Copley regarding the legal
issues raised. Ms. Copley responded that if a Special Use Permit is violated, the permit can be
revoked or the Zoning Officer can write a citation.
Chairman Caster requested the Planning Director to explain the parking requirements.
Planning Director Hayes advised that the issue goes back to what the Board considers as
existing seating and parking needs in the original permit. If the Board determines that 175 seats
originally existed in 1991, the Board could waiver the requirement to bring the existing parking lot
up to current requirements. Also, the Board still has the option of requiring designated parking
spaces to provide more efficient use of the parking lot.
Vice Chairman Greer stressed the importance of everyone understanding the issue. Is this
about Mr. Coble trying to do something new, or is this about an error that occurred and needs to be
corrected. He stated, in his opinion, it does not make sense for Mr. Coble to remodel his business
to reduce the seating capacity. It would be unfair to go back and change the rules because of an
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 497
error that occurred in writing a number on a form. With reference to the parking, people are saying
that Mr. Coble is using the adjacent lot for employee parking. If Mr. Coble owns the lot and
requests his employees to park there, this should not be a problem to the neighbors. If Mr. Coble has
a private dock on his lot and someone wants to dock there with his permission, whether they eat in
the restaurant or not, that is a private pier and not his business. This is a good case of government
trying to hassle someone who is trying to make a living.
In concluding his remarks, Vice-Chairman Greer stated that he was embarrassed for Mr.
Coble having to go through this process, and noted it was difficult to believe that residents in the area
would come and complain about a business that has been operating under the guidelines of the Special
Use Permit for seven years. It is obvious that Mr. Coble wants to clarify the situation, and it appears
that some people want to put him out of business.
Mr. Marushack expressed appreciation for the remarks made by Vice-Chairman Greer, but
asked if Mr. Greer understands that people are required to comply to regulations. In the 1991 Special
Use Permit, it is clearly stated what requirements should be followed by Mr. Coble. The Board should
not apply stipulations that are not enforced. For nine years the County has not required Mr. Coble
to do anything. The residents are not trying to take away his business, but we are asking the Board
of County Commissioners to enforce what was enacted nine years ago. All Mr. Coble has to do is
to comply to the ordinance as done by any other business or restaurant in the county.
Commissioner Davis asked Mr. Marushack if he was referring to the designated parking
spaces and number of seats, and if so, why was the lack of compliance not mentioned by the residents
until now.
Mr. Marushack responded that the neighborhood is changing, and the area directly across
from Mr. Coble now has two houses which were built several years ago when the restaurant was on
a small lot. The residents are trying to protect the neighborhood.
Commissioner Davis commented on the difference in the number of seats and said for the past
seven years, it does not appear that property values have been negatively impacted; however, he can
understand why the neighbors want designated parking.
Mr. Marushack responded that he feels the neighbors did not complain because properties
have been sold within the last two years that have placed four houses directly in the vicinity of the
restaurant. These residents are tired of the roads being blocked, driveways being blocked, and the
fact that Mr. Coble has not complied to the conditions of the 1991 Special Use Permit.
Vice-Chairman Greer asked Mr. Marushack why he purchased his lot near the restaurant.
Mr. Marushack responded that he did not purchase the property to have his driveway blocked
or lights glaring into his home because of the restaurant.
Vice-Chairman Greer asked Mr. Marushack if he realized that Trails End Steakhouse was
there first when he purchased the lot.
Mr. Marushack responded that he was aware of the restaurant being in existence; however,
Mr. Coble should be required to comply to the conditions of the Special Use Permit granted in 1991.
Mr. Coble has been out of compliance for nine years. If parking, lighting, and landscaping issues had
been met, the neighbors would not be attending the meeting.
Commissioner Davis asked Mr. Marushack if he was referring to parking and landscaping
requirements.
Mr. Marushack responded parking, landscaping, and lighting. He said when trying to get to
the boat yard marina from the water, it is difficult to see where you are going because of the bright
lights.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 498
Vice-Chairman Greer stated the lights are beneficial to him when he carries his boat through
the channel.
Motion:
After stating that Mr. Coble was an honorable man operating a business that had become
a credit to the entire area, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer
to accept the Planning Board’s recommendation and amend the Special Use Permit Order adopted
on December 2, 1991 to include a total number of dining seats at 195.
The floor was opened to discussion.
Vice-Chairman Greer asked Planning Director Hayes if the adjacent lot owned by Mr. Coble
could be used for employees to park on to relieve parking on Trails End Road.
Planning Director Hayes responded that the Zoning Ordinance prohibits commercial parking
in a residential zone.
Vice-Chairman Greer requested an explanation of why this would be considered commercial
parking.
Planning Director Hayes responded the parking serves a business. This is a common
situation. For example, there are restaurants on Airlie Road that have parking on the other side of
the road. There have been instances on Airlie Road where restaurants are on one side of the road and
parking is on the other side. This was handled through a Special Use Permit to allow commercial
parking in residential areas if they are in close proximity or within a certain distance from the
business.
Vice-Chairman Greer noted this was the same situation with Mr. Coble.
Planning Director Hayes responded that Mr. Coble has the right to request a Special Use
Permit to extend the parking area onto the adjacent lot; however, the issue being considered tonight
is to revise the existing Special Use Permit in terms of the number of seats in the restaurant. If the
use of the adjoining property is changed, this will require re-advertising the case.
Vice-Chairman Greer referenced the letter concerning the use of Mr. Coble’s private pier by
customers, and he asked if this was in conflict with the Zoning Ordinance.
Planning Director Hayes responded that complaints were received about customers using the
private pier when eating in the restaurant. The Zoning Enforcement Office determined that since this
use was not a part of the lot approved for the commercial restaurant, it could not be used for
dockage.
Vice-Chairman Greer said if Mr. Coble invited him to eat in his restaurant and he used his
private pier to dock his boat, why should the County be involved in this matter.
Attorney Copley responded if Mr. Coble was issued a citation for this type of use, he could
appeal to the Zoning Board of Adjustment to interpret the meaning of the ordinance.
Planning Director Hayes explained that Mr. Coble has the right to request a Special Use
Permit to expand parking onto his adjacent residential lot and to allow customers to dock at his pier
like the businesses located on Airlie Road.
Mr. Coble advised that when he applied to CAMA for the permit to build the pier, it was
understood with Mr. Bob Stroud, the CAMA representative, that he could use the dock as he saw
fit. No county permits were required. He said he was astounded when he got his wrist slapped and
was told he could not use his private pier for good friends to dock their boats to visit him or come
in the restaurant. Also, his employees are considered part of his family and they have been parking
in back of his lot for a number of years.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 499
Commissioner Birzenieks asked Mr. Coble how long the restaurant had been located on the
site. Mr. Coble responded the building had been used as a steakhouse for 30 years; however, prior
to that, it was an Oyster Road in the 1930's.
Commissioner Davis asked Mr. Coble if he would be willing to mark off the 75 parking
spaces, if the Commissioners approve the motion on the floor.
Mr. Coble said he would attempt to designate the spaces.
Chairman Caster asked Mr. Coble if he was willing to use concrete blocks.
Mr. Coble responded that aesthetically he would rather use railroad ties.
Vice-Chairman Greer said it would be inappropriate to require rigid parking designations for
a historic restaurant.
Commissioner Davis said it was his understanding that the designation of the parking spaces
was a requirement. Planning Director Hayes responded that this was correct because it promotes
more efficient use of the parking space.
Commissioner Davis asked Mr. Coble how long he thought it would take him to designate
the parking sites.
Mr. Coble responded that for many years the designation of parking spaces had not been a
problem. He said even with the haphazard way of parking there is enough room for his customers
to park.
Chairman Caster said the Board has a motion that has been seconded to approve the 195 seats
as recommended by the Planning Board.
Planning Director Hayes asked if this motion means that the existing findings should be
affirmed with only a change in the number of seats.
Commissioner Davis stated this motion does not address the parking.
Substitute Motion:
Commissioner Davis MOVED, SECONDED by Chairman Caster to approve
the 195 seats and require the 75 designated parking spaces with parking stops.
Vice-Chairman Greer reminded the Board that the substitute motion will require Mr. Coble
to comply to current parking requirements that were not in effect when the additional seats were
approved in 1991.
A lengthy discussion ensued on the parking issue. Mr. Marushack asked if a time constraint
could be placed on compliance to the parking requirements.
Mr. Coble expressed concern for addressing the parking requirements and said the hearing
was scheduled to clarify the number of seats. He stated that he did not know how long it would take
to complete the parking designations through CAMA regulations.
SUBSTITUTE MOTION.
Chairman Caster called for a vote on the Upon vote, the
SUBSTITUTE MOTION FAILED by a 2 to 3 vote.
Commissioner Birzenieks, Commissioner
Howell and Vice-Chairman Greer voted in opposition.
ORIGINAL MOTION
Chairman Caster called for a vote on the to amend the 1991 Special
Use Permit Order to approve 195 seats as recommended by the Planning Board. Upon vote, the
ORIGINAL MOTION CARRIED UNANIMOUSLY.
A copy of the revised Special Use Permit is contained in SUP Book III, Page 1.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 500
PUBLIC HEARING TO CONSIDER REQUEST FOR SPECIAL USE PERMIT BY
FRANCES RIVENBARK FOR AMY RIVENBARK TO PERMIT DAY CARE CENTER
FOR 25 CHILDREN IN APPLE VALLEY SUBDIVISION, CASTLE HAYNE(S-443, 8/99)
Planning Director Hayes reported the applicant was not present.
County Attorney Copley asked if the petitioner had withdrawn the request.
Planning Director Hayes said that it was the understanding of Staff that the petitioner was
going to withdraw the request.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to DENY the
Special Use Permit based upon increased traffic, decreasing property values and parking at a
residential lot as found and recommended by the Planning Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER REQUEST BY ALTON LENNON
FOR ARCHIE MCGIRT & GAIL BATTEN TO REZONE 14.78 ACRES IN 400 BLOCK OF
MOTTS CREEK ROAD FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-678, 8/99)
Attorney Lennon advised the petitioner has requested continuance of this item until the
October 4, 1999 meeting.
Motion:
Commissioner Birzenieks, MOVED, SECONDED by Commissioner Davis, to continue the
Public Hearing until October 4, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER REQUEST BY JOHN WESSELL
FOR LARRY AND MAGGIE RIPA TO REZONE 5.25 ACRES LOCATED AT THE
NORTHWEST INTERSECTION OF SMITH CREEK PARKWAY AND HIGHWAY 132
NORTH FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTIONAL (Z-679,
8/99)
Attorney John Wessell, advised that the petitioners have requested continuance of this item
until the October 4, 1999 meeting.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to postpone
the Public Hearing until October 4, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING ADJOURNED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 1:25 a.m. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 1:30 a.m.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion on the Status of the Northeast Branch Library
Commissioner Birzenieks inquired as to the state of the Northeast Branch Library.
Assistant County Manager, Patricia Melvin, advised that specifications for the renovations
will be completed by the end of the month. It should take approximately six weeks to receive bids.
Commissioner Birzenieks said the members of the Fund Raising Committee would like to
know the projected time frame.
County Manager O’Neal said that the architect would be presenting a status report at the next
meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 501
Work Sessions Scheduled
Consensus:
After discussion, it was the consensus of the Board to schedule the following Work
Sessions on the following dates:
Conservation Text Amendment, September 20, 1999
Capital Project Budget Work Session, September 30, 1999
Adoption of Proclamation to Allow the County To Remove Vegetative Debris from Hurricane
Floyd
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster to adopt a proclamation
to remove hurricane debris as a result of Hurricane Floyd by October 7, 1999. 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 19.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 1:45 a.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the District Board