HomeMy WebLinkAbout1999-12-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 654
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
December 6, 1999, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were 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
Assistant County Manager, Patricia Melvin, 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.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Consent Agenda Item 7 for further discussion.
Discussion of Consent Agenda Item 7, Request for Approval of Computer Support Specialists
Position
Vice-Chairman Greer requested an explanation of why a Computer Specialist position was needed
to operate the equipment in the Assembly Room.
County Manager O’Neal responded that a position was needed to provide a primary person
to oversee the operation and maintenance of the technical equipment in the Assembly Room and to
assist the IT Department with an ever increasing workload. He said with changes occurring in
technology and the possibility of broadcasting Board meetings in the future, the position will be
needed.
Chairman Caster advised that if the Board decides to become involved with TV broadcasting,
a person with this type of experience will be needed. He requested the County Manager to include
broadcasting experience in the job description.
County Manager O’Neal assured the Board that broadcasting experience would be included
in the job description.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve
Consent Agenda Item 1 with a correction to the number of County Commissioners attending the
October 18, 1999, Work Session as requested by the Clerk to the Board and to approve the
remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board with a correction to the number of Commissioners attending the Work Session held on
October 18, 1999:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 655
October 4, 1999Regular Meeting
November 1, 1999Regular Meeting
October 18, 1999Work Session
Award of Bid #00-0023 and Approval of Contract # 00-0023 with Century Uniform and Safety,
Inc., for Purchase of Uniforms for the Sheriff’s Department
The Commissioners adopted a resolution to award the bid to Century Uniform and Safety,
Inc., the lowest responsible bidder, at the unit prices specified in the proposal estimated at $41,598
annually, and authorized the Chairman to execute the necessary contract documents.
A copy of the bid is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXV, Page 27.
Approval of Promissory Note (Contract #00-0100) with Federal Point Volunteer Fire
Department, Inc.
The Commissioners approved a Promissory Note in the amount of $250,000 with the Federal
Point Volunteer Fire Department, Inc. to allow the County to retain 100% ownership of the new
facility. The Promissory Note will require the County to repay the Federal Point Volunteer Fire
Department in the event the County severs relations with that organization during the next 20 years.
After 20 years, the Promissory Note is void.
A copy of the Promissory Note is on file in the Legal Department.
Adoption of Resolutions to Add Roads to the N. C. Highway System
The Commissioners adopted resolutions to add the following roads to the N.C. Highway
System:
Creekwood Road and Holy Fountain Road on Futch Creek
Balfoure Drive, Huntington Forest Subdivision
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXV, Page 27.
Approval of Budget Amendment #2000-23 - Federal Forfeited Property Capital Project
The Commissioners approved the following budget amendment:
Budget Amendment #2000-13 - Federal Forfeited Property Capital Project
AdjustmentDebitCredit
Federal Forfeited Property $15,023
Capital Project Expense $15,023
Explanation:
To increase the budget for additional revenue received on November 11, 1999.
Federal Forfeited Property revenues are budgeted as received and must be used for law enforcement
activities as deemed necessary by the Sheriff.
Approval of Budget Amendment #00-0070- Health Department
The Commissioners approved the following budget amendment:
Budget Amendment #00-0070 - Health Department
The Commissioners approved the following budget amendment:
#00-0070 - Health Department
AdjustmentDebitCredit
Public Health/Child Health$2,501
Contracted Services$2,501
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 656
Explanation:
To budget a Child Health allocation from the State for school health care to students
eligible to receive free or reduced lunch who do not have financial resources to obtain health care.
Approval of Budget Amendment #00-0073 - Sheriff’s Department
The Commissioners approved the following budget amendment:
Budget Amendment #00-0073 - Sheriff’s Department
AdjustmentDebitCredit
Sheriff/Administration:
Transfer In/Emergency Telephone System$12,257
Sheriff/911-Center:
Contracted Services$12,257
Emergency Telephone System Fund:
911-Surcharge$12,257
Transfer To General Fund$12,257
Explanation:
To budget funds from 911 surcharges for data lines to the Volunteer Fire Departments
and City of Wilmington Fire Department. These lines will provide a connection to the new CAD
System which will allow the departments to print directions to dispatch locations in emergencies.
Approval of Budget Amendment 00-0074-Non-Departmental
#
The Commissioners approved the following budget amendment:
#00-0074 - Non-Departmental/Contingency
AdjustmentDebitCredit
Non-Departmental:
Contingencies$8,510
Courts/District Attorney:
Contributions To Outside Agencies$8,510
Explanation
: To transfer funds from Contingency for furniture, equipment, and panels for the Bad
Check Program.
Approval of Budget Amendment #00-0075-Museum/Grassroots Science Grant
The Commissioners approved the following budget amendment:
#00-0075 - Museum Grassroots Science Grant
Adjustment DebitCredit
Museum:
Grassroots Science Grant$203,944
Contracted Services$ 32,250
M & R - Equipment$ 2,000
Printing Charges$ 4,688
Departmental Supplies$ 21,588
Employee Reimbursements$ 288
Training & Travel$ 5,698
Insurance & Bonds$ 800
G/R Science Flow-Thru$ 3,589
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 657
Capital Outlay - Equipment$ 5,527
Motor Vehicle Purchases$ 7,560
Administrative Reserve$261,229
Temporary Salaries$ 26,173
Dues & Subscriptions$ 530
Explanation:
To budget the FY 1999-2000 Grassroots Science Grant award and to realign budgeted
expenditures. (Unexpended grant funds of $136, 487 were rolled over.)
Annual Review of Public Official Bonds
The Commissioners adopted resolutions approving existing bonding of the Finance Officer,
Sheriff, Register of Deeds and ABC Board members handling funds, and set the amount of the
Sheriff’s bond at $5,000.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXV, Page 27.
Approval of New Computer Support Specialist Positionand Associated Budget Amendment
(#00-0072)
The Commissioners approved a new Computer Support Specialist position and the associated
budget amendment to fund the position through the remainder of the fiscal year. The job description
should contain broadcasting experience. When this person is not performing duties associated with
the Audio-Visual equipment in the Assembly Room, he or she will be assigned duties in the IT
Department.
Budget Amendment #00-0072-Non-Departmental/Contingency
Adjustment Debit Credit
Non-Departmental:
Contingency$20,182
Information Technology:
Salaries and Wages$15,803
Social Security Taxes$ 1,209
Retirement-Local Government Employees$ 790
Medical Insurance Expense$ 2,380
Explanation:
To fund Computer Support Specialist position for the remainder of the fiscal year from
the Contingency Account.
ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS FOR THE ENSUING YEAR
County Attorney Copley reported that according to North Carolina General Statutes, a
Chairman and Vice-Chairman must be elected by the Board of County Commissioners at the first
meeting in December.
County Attorney Copley opened the floor to receive nominations for the Chairman of the
Board for the coming year.
Commissioner Birzenieks nominated Commissioner William A. Caster. The nomination was
seconded by Commissioner Davis.
There being no further nominations, County Attorney Copley called for a motion to close the
nominations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 658
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Davis, to close the
nominations. Upon vote, the MOTION CARRIED UNANIMOUSLY.
County Attorney Copley called for a motion to re-elect William A. Caster as Chairman of the
Board.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Davis, to re-elect William
A. Caster to serve as Chairman of the Board of County Commissioners for the ensuing year. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster expressed appreciation to the members of the Board for re-electing him to
serve as Chairman of the Board of County Commissioners for the coming year.
County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the
Board for the ensuing year.
Chairman Caster nominated Commissioner Robert G. Greer. The nomination was seconded
by Commissioner Birzenieks.
There being no further nominations, County Attorney Copley called for a vote to close the
nominations.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to close the
nominations. Upon vote, the MOTION CARRIED UNANIMOUSLY.
County Attorney Copley called for a motion to re-elect Robert G. Greer as Vice-Chairman
of the Board.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to re-elect Robert
G. Greer to serve as Vice-Chairman of the Board of County Commissioners for the ensuing year.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO ELECT A CHAIRMAN AND
VICE-CHAIRMAN OF THE DISTRICT BOARD OF COMMISSIONERS OF THE WATER
AND SEWER DISTRICT
Chairman Caster convened from Regular Session to hold a meeting of the New Hanover
County Water and Sewer District Board at 6:36 p.m.
Chairman Caster reconvened to Regular Session at 7:03 p.m.
WITHDRAWAL OF TAX APPEAL FOR THE CAPE FEAR RUGBY CLUB
Chairman Caster announced that the Cape Fear Rugby Club had withdrawn its tax appeal.
PRESENTATION OF STATE AWARDS TO THE SPECIAL NEEDS TASK FORCE AND
THE ROCKIN’ CHAIR PLAYERS/SENIOR AWARENESS TASK FORCE
Chairman Caster reported that the Special Needs Task Force was established by the
Department of Emergency Management after Hurricane Fran when it became evident that the frail
and elderly could not be safely sheltered in traditional evacuation shelters. The Special Needs Task
Force is an all-volunteer group comprised of governmental departments, medical suppliers,
businesses, home health agencies, hospitals, churches, nursing homes, rest homes, and senior
volunteers. The members of the Task Force have given hundreds of hours in service around the clock
to New Hanover County and Seniors during Hurricanes Dennis, Floyd and Irene.
In the past two years, the Emergency Management Department and Task Force have
developed a highly effective Individual Coordinating Subcommittee to operate a Special Needs
Emergency Operations Center. This Center monitors the condition of the elderly and makes hourly
phone calls coordinating medical assistance during hurricane events. Hundreds of support missions
to local citizens have been deployed from this facility with donations of time and goods from local
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 659
businesses and health care providers. This process has saved thousands of dollars in unnecessary
hospital and shelter expenses and it has provided an unprecedented level of customer service.
This Task Force also developed a highly specialized triage and shelter plan in partnership with
local nursing and rest homes to address unique shelter or refuge situations of the frail and elderly.
The Task Force was successful in passage of Senate Bill 34 to provide more flexibility in rules and
regulations during times of a disaster for nursing homes, rest homes, and congregate care facilities
that participate in local emergency management programs.
Finally, the Task Force has a Seniors Disaster Education program in partnership with
numerous agencies. Seniors have received disaster preparedness training as well as enjoyable and
humorous educational skits by the Rockin’ Chair Players. In addition to these successes, the State
of North Carolina has just recently awarded the Task Force the Earnest B. Musser Award for
outstanding community programming for the senior population, and the Governor’s Volunteer
Service Award to the Rockin’ Chair Players.
Emergency Management Director, Dan Summers, requested the following persons to step
forward to receive awards:
Shirley Lloyd, Marva Falacinio, Pat Johnson, Donna Booth Neal, Karen Hogan, Kim Merritt,
Ron and Charlie North, Esther Hynes, Loretta Evans, Catherine Marks, Dean Hollingsworth,
Deb Bowen, Judy Hudson, Barbara Bissett, Susan Diamond, Ann Barkley, Annette Padro,
Elizabeth Schulz, Steve Fuller, Victor Royal, Clark Robickeax, Allen Brown, Sharon Benoit,
Gayle Ginsberg, Kathy and Paul Belisle, Paula Jenkins, Susan Hanson, Doris Holland, Evelyn
Cameron, Tony Benton, Jane Jones, Holly Henderson, Melissa Richardson, Jeff Olsen, Betty
Roth, Sandra Brooks, Chris McNamee, James Oxendine, Wanda Neidig, Ann Marie Ball,
Lorretta Evans, Dawn Ellis, Judy Smith, Deb Stafford, Suszane Nystrom, Sylvia Cantor,
Annetta Jenkins, Evelyn Maiwald, Betty Grace, Mary Quigley, Dorothy Summers, and
Brenda “Ben” Brow.
Chairman Caster, on behalf of the Board, presented Certificates of Appreciation to each
member of the Task Force and he thanked them for their outstanding achievements.
Director Summers noted that every successful group has to have a leader and he recognized
Ms. Brenda “Ben” Brow for the time and effort given to chair this Task Force.
STATUS REPORT PRESENTED BY THE FAIR HOUSING COALITION
Assistant County Manager, Patricia A. Melvin, reported that on July 12, 1999, the Board of
County Commissioners adopted an Action Plan responding to the Analysis of Impediments to the Fair
Housing Report. The analysis was conducted by Ken Weeden & Associates in response to a HUD
hazard mitigation grant received by New Hanover County in the amount of $1,800,000.
Assistant County Manager Melvin reported that part of the Action Plan was to develop two
teams, a Clarification Committee and a Communications Committee. She advised that a status report
would be presented by Mr. Tom Dodson, a member of the Task Force, on the progress of these
committees.
Mr. Tom Dodson reported that the Fair Housing Coalition held its first meeting in March
1999. The purpose of the meeting was to recognize and understand the nature of fair housing
problems in New Hanover County and to develop strategies to reverse those issues. Other objectives
were to build institutional stakeholders and to assume the responsibility for bringing about change.
In August 1999, the Clarification and Communications Committees met to prioritize the work
product. The Communications Team was assigned the tasks of establishing a clearing house for
information and providing a mechanism for getting the information to persons in need. The
Clarification Team was assigned the tasks of developing a list of financial institutions, products, and
programs for potential home buyers.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 660
In September 1999, both Committees met to develop a survey to be mailed to all financial
institutions dealing with banking and lending in the local housing market. In November 1999, both
teams met to compile and analyze the data from the survey, which reflected the various products
available in the private housing sector. The survey was mailed to 46 institutions with 24 responses
received.
The next Fair Housing Coalition meeting will be held on January 12, 2000, at which time the
Communications Team will begin to transfer the results of the survey into a user friendly document
with complete definitions and explanations of what is available to home buyers. The Communications
Team will work on an outreach program for distribution of the document using institutions such as
the Wilmington Community Development Commission, the Housing Commission, the County, the
City, the financial community, housing providers, and human services. The Clarification Team will
develop a list of affordable housing in the area and begin to provide requirements for loan applications
as well as assist with educating people about available programs. The Clarification Team will develop
a program to provide credit counseling to potential home buyers.
The Fair Housing Coalition will develop a list of products to be delivered in a road map
format. Specific dates will be established for the delivery of the first product through the final
product. This map should be completed by the Coalition within the next two meetings. The
Coalition feels that the four-year deadline provided by HUD is reasonable, and it will take that
amount of time to correct the problems in fair housing within New Hanover County.
In closing, Mr. Dodson advised that the Fair Housing Coalition was proud of the steps being
taken to correct fair housing problems in New Hanover County.
Chairman Caster expressed appreciation to Mr. Dodson, and representatives from the
agencies involved for giving of their time to participate in this worthwhile effort.
ADDITIONAL ITEMS
Adoption of Resolution for Management of Mason’s Inlet Project
Chairman Caster spoke on attending a meeting with representatives from the Masons Inlet
Preservation Group (MIPG) and advised that the Commissioners are being requested to consider
adopting a resolution to continue to manage and sponsor the Masons Inlet Relocation Project on an
assessment basis.
Commissioner Davis expressed concern for the County adopting a resolution to manage the
inlet after it has been relocated. He referenced a prior meeting where he asked who would be
responsible for maintaining the inlet and stated that no answer was received; however, it was
indicated that New Hanover County would not be responsible for maintenance of the inlet. He
requested clarification of this issue.
Assistant County Manager Weaver explained that New Hanover County would manage the
project, which may require the provision of up-front money when maintenance is needed in the next
four to five years. However, a mechanism is in place to implement an assessment, which is how the
inlet relocation project will be repaid to the County. There is no anticipation that additional costs will
be incurred by New Hanover County.
Chairman Caster reported at the meeting with representatives from the MIPG and Figure
Eight Island Homeowners Association, discussion was held on the fact that maintenance of the inlet
at a later date would be paid through an assessment. The representatives were aware of this
agreement.
Commissioner Birzenieks asked if the County was prepared to allow this type of assessment
for maintenance of the inlet to last over a long period of time.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 661
Assistant County Manager Weaver responded that the assessment mechanism is in place for
the current needs and maintenance; however, long-term maintenance and management of the inlet
will have to be made by a future Board of County Commissioners.
County Manager O’Neal spoke on this project being similar to the commitment made with
use of the Room Occupancy Tax. The purpose of this tax is to provide the local match for beach
renourishment projects, which are on-going costs.
Chairman Caster called for a motion to adopt the resolution.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adopt the
resolution as presented. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 27.
Notification of Phase III Funding for Hurricane Floyd
Assistant County Manager, Patricia Melvin, informed the Board that notification has been
received from the Governor’s Office that funds under Phase III would be allocated for Hurricane
Floyd to provide for critical unmet needs to various communities. Phase I and II were administered
by the Department of Social Services under the guidance of a Volunteer Advisory Committee. The
Staff Members of the Department of Social Services have performed a superb job in receiving,
screening, and recommending applications for approval by the Advisory Committee.
The County has been notified that guidelines for receiving funds from Phase III are different
from Phases I and II. Under Phase III, local governments will be required to submit a request for
funding for specific amounts to meet specific needs. The requests will be reviewed at the State level
and a determination will be made about allocation of funds. Also, any volunteer group or agency
desiring to seek funding to repair a home that was damaged during Hurricane Floyd would be eligible.
The Advisory Committee will meet at 9:00 a.m. on Friday morning to review the local needs and
decide if New Hanover County should seek funding. In Phases I and II, several hundred families have
received assistance, and there are no applications that have not been addressed.
Assistant County Manager Melvin noted that no action was needed by the Board and she
stated that once a decision was made by the Advisory Committee, the Commissioners will be
informed.
Discussion followed on the buy out program being administered by the Planning Department.
Staff Planner, Wanda Coston, reported that the application deadline for the buy out program was
February 29, 2000; however, Staff plans to submit these applications before this deadline.
PRESENTATION OF UPDATE ON DRAINAGE
County Engineer, Wyatt Blanchard, presented a map showing the Runnymeade Subdivision
where easements have to be obtained to begin the drainage project. The area in blue reflected lots
where easements have been obtained, the area in orange reflected lots where the property owners will
not provide easements, and the area in yellow reflected lots where the property owners have not
responded. He advised that Staff is contacting the property owners in yellow to obtain a response.
County Engineer Blanchard reported that approval has to be received from the Corps of
Engineers before the County can begin the project. This approval should be received by next week.
He said the same process will have to be completed for the Heritage Park and Walnut Hills drainage
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 662
projects. Once all easements and approval from the Corps of Engineers have been obtained, the work
will begin. The Department of Correction has agreed to work on the Runnymeade drainage project
and contractors are waiting to begin work on the Heritage Park and Walnut Hills drainage projects.
Discussion followed on the delay that could be incurred if all easements are not obtained.
County Engineer Blanchard informed the Board that a blanket easement had been obtained, which
will allow the project to begin. However, the N. C. Department of Transportation requires that all
easements be obtained before the project can begin in Runnymeade. Staff will continue to talk to the
property owners that are reluctant to grant easements.
After discussion of obtaining easements, Commissioner Birzenieks requested Staff to make
a list of property owners who are not willing to grant easements so these names can be made public.
County Engineer Blanchard advised that he would be glad to prepare a list.
Assistant County Manager, Dave Weaver, presented the following draft policies and criteria
for evaluating future drainage projects.
Draft Drainage Policies:
(1)In order to make the maximum use of the $370,000 allocated for drainage, the following
items should be considered:
Maximum use of prison labor.
Purchase equipment instead of renting or leasing.
If feasible, a work crew should be hired in lieu of contracting out work.
Funds will not be spent to purchase easements.
Citizens in neighborhoods to be benefitted will be required to obtain all easements.
(1)Work will be performed only on public easements.
Staff recommends that a Drainage Review Board be established to evaluate and prioritize
projects. The board could consist of one County Commissioner, one Planning Board
member, one design professional, and two at-large appointees. Drainage projects will be
prioritized based on consideration of the following criteria.
Severity of flooding problems:
Residential and business structures flooded.
Roads flooded. Is access severely limited to structures as a result of flooding?
Yards and out buildings flooded. Does water go under but not in houses?
Frequency of flooding.
Cost to County for correcting the problem:
Short versus long-term solution.
Permitting required.
Degree of maintenance required and by whom.
Easements available, federal or state.
Need to develop a plan for up/down stream impacts.
Other Criteria:
Environmental impacts.
Local acceptance and desirability.
Turn-around time.
In concluding the report, Assistant County Manager Weaver said after the first of the year,
the Board will be requested to provide direction to Staff on establishing a program and deciding how
the $370,000 allocated in the budget should be used.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 663
Ms. Alexandria Traynham, a concerned citizen, advised that her home was constructed on a
wetland and as a result, flooding occurs with any significant rainfall. Money has been spent numerous
times to replace shrubbery, fill a 9-foot trench in the back yard with 14 truck loads of dirt, and
purchase rubber wrapping to be placed at the bottom of the fence to keep it from washing away. She
urged the Board to adopt regulations that will control development and prevent wetlands from being
used as home sites.
Chairman Caster informed Ms. Traynham that the Board had recently adopted an ordinance
to require delineation of wetlands on site plans. Under this ordinance when the final plat is recorded,
the wetlands must be identified and approved by the Corps of Engineers.
APPROVAL OF AMENDMENTS UPON THE FIRST READING TO THE NEW HANOVER
COUNTY CODE, CHAPTER 7, SECTION 1 OF THE EROSION CONTROL AND
SEDIMENTATION ORDINANCE
Ms. Beth Easley, New Hanover County Soil Erosion Specialists, reported that the North
Carolina General Assembly amended the Sedimentation Pollution Control Act. These changes in the
State law necessitate additions and deletions to the County’s Erosion and Sedimentation Control
Ordinance as follows:
•The maximum civil penalty for violating the act increases from $500 to $5,000 per day.
•A person may be assessed a civil penalty from the date the violation is detected if the deadline
stated in the Notice of Violation is not met.
•The act clarifies that a person may be assessed a one-time civil penalty of up to $5,000 from
the day the violation is first detected.
•Approval of an Erosion Control Plan is conditioned on the applicant’s compliance with
federal and state water quality laws, regulations, and rules.
•A copy of the Erosion Control Plan for any land-disturbing activity that involves the
utilization of ditches for the purpose of de-watering or lowering the water table must be
forwarded to the Director of the N. C. Division of Water Quality.
Ms. Easley requested the Board to approve the changes as required by the State in order for
New Hanover County to continue to administer the program.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to amend the
New Hanover County Erosion and Sedimentation Control Ordinance to incorporate the changes
enacted by the General Assembly so the County can continue to administer the Sedimentation and
Erosion Control Program in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXV, Page 27.
The ordinance will be codified into the New Hanover County Code.
CONSIDERATION OF NEW HANOVER COUNTY ADMINISTRATION BUILDING
CAPITAL PROJECT AND APPROVAL OF RELATED BUDGET AMENDMENT #2000-14
County Manager O’Neal reported that several months ago Sharpe Architecture, PA was hired
to study the downtown area to explore the opportunities for constructing new County Administration
Buildings. He advised that six options will be presented to the Board, and he requested Mr. Rick
Collins to make the presentation.
Mr. Rick Collins, Vice-President of Sharpe Architect, reported the scope of the feasibility
study was established as follows:
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MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 664
•Determine current and future space needs for Administrative Departments in New Hanover
County.
•Establish department adjacencies.
•Assess parking needs.
•Determine the impact of plans for a new Law Enforcement Center and Courthouse addition.
•Review proposals for new construction and renovations to address needs.
•Establish budgets for each proposal.
•Recommendations.
The following existing facility issues were identified:
•Related departments are not located adjacent to each other.
•Current department accommodations are inadequate for current and future space needs.
•Current utilization does not allow for future growth and expansion.
•Current parking accommodations are inadequate for the Courthouse expansion and County
facilities.
•The County Administration Building and Annex Building are approaching the end of their
expected life span.
The current space allocated is 65,858 square feet, and the current space needs are 86,247
square feet. Future space needs are 19,812 square feet, and the space deficit or shortfall is 40,201
square feet.
The solutions to resolving the space needs are as follows:
•Provide space to meet current and future space needs.
•Plan for easy future expansion requirements.
•Consolidate departments with appropriate adjacencies.
•Provide for the “one stop shopping” concept.
•Utilize existing County facilities as appropriate to costs, age, utilization efficiencies and
department adjacencies.
•Anticipate the impact of the County’s plans for the new Law Enforcement Center and
Courthouse expansion.
The following proposals were presented:
Proposal #1: Utilization of Existing Law Enforcement Center (LEC) Renovation and New
Addition:
When the Sheriff’s Department moves out of the LEC, the building can be renovated for
office space; however, a new addition and parking facility will have to constructed to meet the space
and parking requirements identified in the feasibility study. The Annex Building will have to be
demolished to provide surface parking. The cost of this option is $24,700,000.
Proposal #2: Utilization of Renovated Space in the Law Enforcement Center, Renovating the
Existing County Administration Building, and Constructing a new Parking Deck at the
Library:
The cost to renovate the existing County Administration Building is $15.00 per square foot,
which does not address the exterior problems such as leaking windows and walls. The result of this
option would be renovating the interior of a 50-year old building. The cost of this option is
$23,200,000.
Proposal #3: Demolish the Law Enforcement Center and Construct a new Administration
Building with a Parking Deck:
The existing Law Enforcement Center Building would have to be
demolished to the parking lot level with construction of a new parking facility and new Administration
Building on the site. This cost of this proposal is $21,100,000.
Proposal #4 - Construction of a New Administration Building to Accommodate Space Needs:
A new County Administration Building and parking deck would be constructed on the Library site.
The cost of this option is $20,300,000, which includes demolishing the Annex Building with no
renovation to the existing County Administration Building.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 665
Proposal #5 - Construction of a New Administration Building and Parking Deck Outside the
City Limits:
The purpose of this proposal was to compare construction costs of building in
downtown Wilmington compared to building outside the City Limits. A parking deck would be
placed on the Library site, the existing County Administration Building and Annex Building would
be demolished. When comparing the costs to construct a new Administration Building outside the
City Limits, the costs were almost the same as constructing a building within the downtown area.
The recommended proposals are as follows:
Proposal 6A:
This proposal is the most cost-effective option. This plan utilizes the Law
Enforcement Center space for appropriate functions such as Emergency Management Operations,
911, Fire Services, holding cells for Courthouse, and storage with very little retro-fitting required for
these uses. The third floor of the BellSouth Building would accommodate space needs of Human
Relations and Information Technology. This option brings down the overall square footage for
construction of a new Administration Building. The Library site would be used for construction of
a new Administration Building with a parking deck for 500 to 600 vehicles. The third floor of the
Library would be utilized for expansion of library offices and future needs for meeting space. The
existing Annex Building would be demolished and replaced with parking, and the existing
Administration Building would be demolished and replaced with a park. The cost of this proposal
is $17,300,000.
Proposal 6B:
This proposal is similar to 6A. The only difference is that the parking deck and new
Administration Building at the Library site have been reversed. This requires demolishing the old
nd
EMS Building and acquiring the land at the corner of Grace and 2 Street. This proposal provides
more flexibility on the Library site with regard to creating a loading dock at the rear of the Library
and the new Administration Building at one common point. It also provides a larger floor plan for
the new Administration Building, which creates better efficiencies in space utilization and less
fragmentation of departments on a floor-to-floor basis. A better entry point at the corner of Grace
nd
and 2 will be created for accessing the new Administration Building and Library. This proposal is
more sensitive to the County’s needs and the new City building across the street. The cost of this
proposal is $19,200,000.
The following project sequence and completion dates were presented for Proposal 6B:
•The EMS Building will be relocated. A parking deck will be built on the site with a new
Administration Building adjacent to the deck and adjacent to the Library.
rd
•When the new Law Enforcement Center is completed on Blue Clay Road, the BellSouth 3
floor space will be renovated. The existing County Administration Building and County
Annex will be demolished with replacement of a park and parking lot.
•Design work will begin in January 2000 with occupancy of the parking deck and the new
Administration Building completed by the Spring of 2002.
•Depending on the construction schedule of the new Law Enforcement Center on Blue Clay
Road, renovations of the existing Law Enforcement Center will begin. This portion of the
project will take more than 2 years.
Mr. Collins stated this concluded his presentation, and he offered to answer any questions.
Vice-Chairman Greer expressed concern for placing a new County Administration Building
on the Library site. He suggested locating another site and constructing an Administration Building
to avoid the hassle of relocating a large number of employees and parking spaces at one time.
Mr. Collins stated that City regulations will require the County to provide 250 spaces within
a close proximity to the Courthouse expansion. The Library site was the closest site found that was
owned by the County and located near the Courthouse and other county facilities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 666
County Manager O’Neal commented on the poor condition of the Annex Building, and he
expressed concern for employees having to work under such unpleasant circumstances. He stressed
the importance of addressing this issue as soon as possible and stated that any money spent in
repairing or trying to renovate the building would not be worthwhile.
Discussion followed on the on-going capital projects, bond indebtedness and the possibility
of having to increase the property tax rate. County Manager O’Neal said if new administration
buildings are constructed, he could not guarantee the tax rate would not be increased.
Commissioner Davis strongly objected to increasing the property tax for the FY 2000-2001
Budget. He expressed concern for the Board approving projects and later finding out that an increase
in the property tax rate would be necessary. He stated, for the record, he would not support an
increase in the property tax for the next fiscal year.
Vice-Chairman Greer advised that he did not feel comfortable with approving the building
capital project as presented by Sharpe Architects until the budget figures and capital projects are
discussed. He recommended postponing action on this item until after the Budget Retreat.
Commissioner Howell commented on the number of on-going capital projects, and he
requested Staff to provide total figures and the impact of these projects on the upcoming budget
before the Budget Retreat.
County Manager O’Neal responded that he would be glad to prepare the information
requested before the Budget Retreat.
Chairman Caster advised that some members of the Library Advisory Board were present and
would like to speak.
Ms. Lethia S. Hankins, Vice-Chairman of the Library Advisory Board, expressed concern for
the members of the Library Advisory Board not being involved in the planning process. It appears
rd
that library parking areas will be lost and the 3 floor of the Library Building is being considered for
use. She requested the Board to include the members of the Library Advisory Board and Library
Administrative Staff in all phases of the planning process if the library site is selected for a new
County Administration Building.
Mr. Bob Mayo, representing The Friends of the Library, reported this organization was
comprised of more than 800 families that provide financial and volunteer support to the New Hanover
County Library. Parking is a major concern to this group because of the number of vehicles that use
the parking lot daily. The New Hanover County Library is one of heaviest used per capita facilities
in the State with 460,000 people coming through the building each year. Mr. Mayo requested the
Board to consider access, traffic, and congestion to the Main Library during the planning process if
this site is selected.
Chairman Caster expressed appreciation to Ms. Hankins and Mr. Mayo for their remarks, and
he assured them that the Library Advisory Board and Administrative Staff will be involved in the
planning process if the Library site is considered for the capital building project.
Consensus:
After further discussion, it was the consensus of the Board to defer action on this item
until the retreat has been scheduled in January or February 2000.
Chairman Caster noted that it was not the intent of the Board to indicate that nothing would
be done about constructing new administration buildings; however, it was the responsibility of the
Board to consider all capital projects and the impact of these projects on the budget and property tax
rate before rendering a final decision.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 667
RELEASE OF VALUES - TAX DEPARTMENT
Withdrawal of Tax Appeal Submitted by the Cape Fear Rugby Football Club
Chairman Caster announced that a notice of withdrawal from the Cape Fear Rugby Football
Club was received in the Tax Department on Friday, December 3, 1999.
Consideration of Tax Exemption Appeal by St. Mark’s Freewill Baptist Church for 1997
Dodge Van
Tax Administrator, Robert Glasgow, reported that Pastor James E. Randolph applied for an
exemption for a 1997 Dodge van used by the church. The exemption request was denied by the Tax
Department because the van is registered in both Pastor Randolph’s name and the Church’s name.
North Carolina General Statute 105-278.5(a)(1) applies to real and personal property as “property
owned by a religious educational assembly, retreat, or similar organization.” In March, 1999, the
Institute of Government published a Property Tax Bulletin with an article referencing the exemption
of property used for religious purposes. Under ownership and use requirements it states that “real and
personal property must be wholly owned by a religious organization to qualify for exemption.”
Tax Administrator Glasgow recommended denial of the tax exemption since the van is not
wholly owned by St. Mark’s Freewill Baptist. He informed the Board that if the ownership of the
van is changed into the name of the church, a request for an exemption can be approved at a later
date.
Reverend James E. Randolph, Pastor of St. Mark’s Freewill Baptist Church, explained that
the van was purchased to provide transportation for the church and home for the elderly owned by
the church. Neither organization was financially able to borrow the money from a financial institution
without a co-signer on the loan. As pastor of the church, he co-signed the loan and since that time
three other vans have been purchased through this process. He said the four vans are used in the
community to transport mothers to purchase groceries, carry children and elderly citizens to Sunday
School and doctors visits. He requested the Board to exempt the van since it is being used for church
purposes.
Chairman Caster reminded Reverend Randolph that only one van was being discussed in the
tax appeal. He requested the County Attorney to comment on the General Statute governing the
exemption of personal and real properties owned by churches.
County Attorney Copley advised that the Board cannot exempt the vehicle and comply to
State law. In this case, the reasons for requesting the exemption are understandable, but the Statute
does not provide for allowances.
Reverend Jackson advised that the Church owns similar homes in Brunswick and Sampson
Counties where the vans receive a tax exempt status. He requested the Board to consider the fact
that the church owns the van and he is the person who guarantees the loan.
Commissioner Davis asked Reverend Jackson if his name was on the title to the van.
Reverend Jackson responded that his name was on the title.
Commissioner Davis explained to Reverend Jackson that according to State Law, the van is
jointly owned because both names are on the title to the van.
Vice-Chairman Greer requested Tax Administrator Glasgow to write a letter to the lender
asking if he could change the registration to exempt the van.
Tax Administrator Glasgow responded he would be glad to write a letter to the lender.
Reverend Jackson expressed appreciation for the offer to write a letter but stated he felt the
lender would not comply because the company knows the payments will be made if he co-signs the
loan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 668
Motion:
After further discussion of the County having to comply to State Law, Vice-Chairman Greer
MOVED, SECONDED by Commissioner Howell, to uphold the recommendation of the Tax
Department and regrettably deny the appeal. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Vice-Chairman Greer commented on the agenda item being listed as “denial of the tax
exemption” and he requested the Tax Administrator to list future agenda items as “a request for a tax
exemption.”
Tax Administrator Glasgow agreed with Vice-Chairman Greer and said future items will be
listed as requested.
APPROVAL UPON THE FIRST READING OF AN ORDINANCE TO AMEND CHAPTER
15, ARTICLE II, SECTIONS 15-121 AND 15-124 OF THE NEW COUNTY SEWER
ORDINANCE FOR CHANGES IN TAP FEES
County Engineer, Wyatt Blanchard, reported when the District constructs sewer collection
lines into a new service area, all development is required to connect to the sewer within six months
of the initial availability of the sewer system. During the six month period, the tap fees shall be as
follows for a lot with a structure requiring waste disposal:
Residential and Non-Residential:
4" line$ 900 tap fee
6" line$1,100 tap fee
A vacant or empty lot where a sewer tap has been installed shall pay a $900 tap fee for a 4"
line and a $1,000 tap fee for a 6" line regardless of whether the application is made within the
initial six months of sewer availability.
An 8" line or larger shall pay an installation cost estimated by the District and paid at the time
of application. Taps for an 8" or larger line will only include the actual connection to the
collection system.
A lot with a house or non-residential structure requiring waste disposal will be required to pay
the following fees:
4" line$1,800 tap fee
6" line$2,200 tap fee
An 8" line or larger shall pay an installation cost estimated by the District and paid at the time
of application. Taps for an 8" or larger line will only include the actual connection to the
collection system.
Discussion was held on the tap fees being charged under the existing Sewer Ordinance. Vice-
Chairman Greer explained that under the existing ordinance, different fees are being charged in
different areas depending upon the cost of the taps. This policy has created a cumbersome system
when persons call in to inquire about the cost of tap fees. When reviewing the proposed ordinance,
it was found that taps were already placed on lots without the District being aware of the installations.
Some property owners were being charged $1,800 for a tap that was already in place. The proposed
ordinance will establish a uniform tap fee which will avoid situations of this type and make it easier
for Staff to administer.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to adopt an
amendment to the Sewer Ordinance amending Chapter 15, Article II, Section 15-121 and Section15-
124 of the New Hanover County Code as recommended by the Engineering Department. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 669
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 27.
The ordinance will be codified into the New Hanover County Code.
APPROVAL OF RECOMMENDATION FROM PARKS FOUNDATION FOR OPEN SPACE
AND PARKS BOND REFERENDUM
Mr. Jack Bragg, Chairman of the Parks Foundation, reported the first task of the Parks
Foundation was to determine the size of the bond referendum. After a review of the public opinion
survey prepared by Eastcoast Research, the Parks Foundation decided on a $45,000,000 bond
referendum. The additional cost in property tax for a home valued at $150,000 will be $47.55 per
year.
After the Parks Foundation met on November 23, 1999, the following parameters have been
developed for the May 2, 2000 Open Space and Parks Bond Referendum.
1. Bond Referendum Amount:$45,000,000
2. Bond Distribution Formula:
50%A. Greenspace Purchase - Land to be purchased for conservation,
preservation, riparian buffers and other natural purposes. This is land
which will not be developed in any fashion.
50%B. Recreational Space:
25%1. Open Space Purchase - Land to be purchased for the purpose
of developing passive recreational facilities, such as trails, picnic
areas, beach and estuarine access.
15%2. Active Park Space Purchase - Land to be purchased for the
purpose of developing active recreational facilities, such as athletic
fields, tennis courts and others.
10%3. Recreational Facility Development - These funds will be used
for the development of recreational facilities.
In closing, Mr. Bragg stressed the importance of preserving greenspace and he offered to
answer any questions.
Commissioner Birzenieks asked if the recommendation was supported unanimously by the
Parks Foundation.
Mr. Bragg responded that the vote was unanimous.
Chairman Caster stressed the importance of everyone understanding that all registered voters
will be eligible to vote on the greenspace bond issue because this is a countywide bond referendum
which includes residents living in the City and beach communities.
Discussion followed on whether the bond issue could include the acquisition of school
property. County Attorney Copley advised that originally it was thought that property acquisition and
renovation work for the schools could be included as part of the bond referendum, but after further
review, Bond Counsel felt it would not be appropriate to include these items.
Further discussion was held on the need to move forward with using bond proceeds to
complete needed projects as soon as possible. Vice-Chairman Greer noted that different segments of
the population feel that greenspace should be acquired for the following purposes: (1) park land; (2)
undeveloped space with nature trails or wetlands; and (3) athletic fields. With the current public
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 670
interest in providing more athletic fields and parks, which could be constructed within a relatively short
period of time after passage of the bond referendum, he would suggest changing the bond distribution
formula as follows:
40% for Greenspace
40% for Open Space and Active Park Space Purchases
20% for Recreational Facility Development
Mr. Bragg noted that when the previous bond issue was passed for the development of parks
and the Senior Center, the citizens felt that parks would be developed and completed within a
reasonable period of time. Five years later, Ogden Park and Castle Hayne Park are just being
completed. This was an extremely painful process for the citizens and the Parks Advisory Board. He
urged the Board to allocate the necessary percentages to allow parks and athletics fields to be
developed within the expected time frames.
Discussion followed on the how the bond order will be written. County Attorney Copley
explained that the bond order will be written in the form of a question. The voters will be asked if they
are willing to spend $45,000,000 for the purposes of acquiring greenspace, open space, active park
space, and recreational development. The percentages for the different uses will be established to
promote the passage of the bond referendum.
Ms. Camilla M. Herlevich, Director of the North Carolina Coastal Land Trust and a member
of the Parks Foundation Board, expressed appreciation to the Board for moving forward with
presenting the greenspace bond referendum to the voters in May 2000. She spoke as an advocate for
preserving open land without construction of facilities on the property. With the proposed
development of Hardy Parker acreage on Military Cut-Off Road and the Duck Haven Golf Course on
Eastwood Road, it is important to establish a reasonable percentage of land acquisition to be used for
open space.
Mr. Harper Peterson, an interested citizen, asked what input was received from the public for
development of distribution formula.
Mr. Bragg explained that the Parks Foundation Board was requested to move forward with
preparing information and recommendations for the greenspace bond referendum. The Foundation
Board did not feel it was the responsibility of the group to receive input from the public at this point;
however, it was felt that guidance and recommendations should be presented on how the $45,000,000
should be spent. The survey performed by Eastcoast Research polled the citizens and the percentages
recommended to the Board were based on these figures.
Chairman Caster advised that Public Hearings would be held on the bond referendum once the
Board officially decides to hold a referendum. He requested Staff to provide a copy of the Eastcoast
Research Survey to Mr. Peterson.
Further discussion was held on establishing percentages for the distribution formula. County
Attorney Copley stated that percentages did not have to be established at this time; however, when
the public educational process begins, it would be beneficial to use percentages in the distribution
formula.
After further discussion, the Board agreed that percentages in the distribution formula should
be established before beginning the public education program.
Chairman Caster requested a motion to approve the bond issue.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve a
$45,000,000 bond issue for acquisition of greenspace to be placed on the ballot for May 2, 2000.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 671
BREAK
Chairman Caster called a break at 9:05 p.m. until 9:15 p.m.
PUBLIC HEARING TO CLARIFY THE CLUSTERING OF RESIDENTIAL UNITS ON
LANDS CLASSIFIED “CONSERVATION” ON THE LAND CLASSIFICATION MAP (A-
289, 3/98; REVISITED 4/99, 5/99, 6/99, 7/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported this issue had been before the Board two times with
a Work Session held on the options and alternatives on the proposed text amendments presented by
the Planning Board and Planning Staff. In 1998, the Technical Review Committee (TRC) requested
Staff to review existing development standards relative to the allocation of density on land classified
conservation and specifically show how the Land Use Plan addresses the modification of property by
filling in the site. This directive came on the heels of several residential projects along River Road
where the developer modified the topography to raise the land of the conservation boundary to
accommodate higher density development. The argument was simply that the boundary was changed,
and it no longer existed. Staff initially voiced concern, but the vagueness of the standards probably
permitted the alteration of the boundary. The TRC rejected a subsequent project (Grand Bay), taking
Staff’s lead by ruling that the alteration of the “Conservation” boundary by filling was not consistent
with the Land Use Plan or the Performance Residential requirements. The developer appealed and
the project was approved by the County Commissioners on March 8, 1999. At this time, the Board
of County Commissioners directed Staff to craft language to clarify how density can be allocated in
the conservation classification and to what extent the natural area and topography can be modified.
The question to answer is how this density is defined in terms of performance residential zoning
requirements, and how development occurring within the performance residential requirements is
allocated in land classifications, such as conservation, resource protection, and rural.
Discussion followed on how the elevations are determined. Planning Director Hayes explained
that elevations are determined by FEMA issued floodplain maps. The elevation listed for a particular
stream segment is used to determine the elevation at a certain section of the creek. When surveying
the property, the elevation is determined. For example, if the flood elevation is 10 feet, the property
would be surveyed at 10 feet to establish the floodplain line and location of the conservation boundary.
Currently, all new developments are required to survey the floodplain boundary on projects.
Chairman Caster asked if development can occur in the floodplain.
Planning Director Hayes explained that the proposed text amendments will prohibit
development in the floodplain. The key to controlling development is keeping the density at 2.5 units
per acre. The Land Use Plan contains policy statements regarding environmental concerns about
development in the conservation and floodplain areas because of their proximity to creeks. There is
also concern about the risk of development in floodplain areas. The Land Use Plan states that
conservation areas should be preserved in their natural state. In some situations, the density may be
less than 2.5 units per acre to limit development in extremely sensitive areas. Staff feels that
conservation boundaries and the natural topography on the site should be defined prior to development
to allow for the design of units to be consistent with the location of the conservation boundary and
natural topography. This requirement is the major difference between the Planning Board
recommendation and Staff recommendation.
Staff continues to believe that the intent of the Land Use Plan is to prohibit routine filling of
conservation areas for the purpose of establishing higher clusters of dwellings. The proposed language
in the Option 1 recommended by the Planning Staff was presented as follows:
At no time shall any portion of the project classified conservation exceed the 2.5 units per acre
limitation, nor shall the overall density of the project exceed the limit specified in the respective
residential zoning district. For the purposes of this section, the conservation area shall include
all lands following their natural topography that are at or below the 100-year flood elevation
as shown on the Flood Insurance Rate Map and upland of any marsh line.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 672
The proposed language in Option 2 as recommended by the Planning Board was presented
and reads as follows:
In an effort to lessen environmental impacts, promote less impervious surface and to preserve
more natural areas, residential units may be clustered at a density greater than 2.5 units per
acre in areas classified Conservation or Resource Protection as long as the overall density of
the project does not exceed the limits specified in the respective residential zoning district; the
overall density of the cluster units does not exceed the total units allowed in the Conservation
or Resource Protection area; and the clustering of the allowed units does not create the
negative impacts that this section seeks to eliminate.
For the purpose of this section, the conservation area shall include all lands at or below the
100-year flood elevation, or as they may be more precisely determined in the future. Filling
to alter the designated conservation area is allowed under the following circumstances: (1) the
filling is not prohibited through a state or federal agency that has jurisdiction over the area; (2)
the filling is confined to non-wetland areas; (3) the filling avoids conservation resources as
defined by Section 59.4-3 (1 and 2); and (4) the fillings avoids other conservation or
environmentally sensitive areas that may be more precisely defined in the future.
The 100-year flood elevation in addition to any conservation area(s) that may be more
precisely defined in the future, must be accurately located by the property owner’s registered
professionals and must appear on the final recorded plat of the area.
If the Planning Board recommendation is adopted, the old conservation flood line will be
relocated by being filled-in and shifted to the hatch line. The units will be moved closer to the creek
and natural resources. The site will no longer be considered a conservation area. Under this option,
25 units could be constructed on three acres instead of a 10-acre tract.
Commissioner Howell stressed the importance of everyone understanding that under the
existing and proposed recommendations, single family housing will not be affected in a regular
subdivision. Filling has always been allowed in regular subdivisions. The proposed text amendments
apply to conservation areas, not wetlands. Conservation areas are comprised of lots located on the
beach front, waterway, river and creeks. Some of the lots are located in the floodplain. The New
Hanover County Zoning Ordinance has never allowed wetlands to be filled. The County does not have
jurisdiction over wetlands.
A lengthy discussion was held on the two proposals presented by the Planning Board and
Planning Staff. Commissioner Howell said neither option truly clarifies the language in the Zoning
Ordinance or provides the flexibility to consider some of the unique tracts of land located in
conservation areas. He suggested the possibility of using the special use process for development in
these areas.
Chairman Caster asked if anyone from the public would like to comment. He requested all
persons speaking to limit their remarks to four minutes.
Ms. Tracy Skrabal, a resident of 720 Market Street, expressed concern about being able to
double the density in the floodplain if the Option 2, recommended by the Planning Board, is approved.
The Board has an opportunity to protect these conservation areas and hopefully prevent density
development in the floodplain that will only destroy the water quality, wildlife habitat, and increase
flooding in these areas. She urged the Board to approve the recommendation of the Planning Staff.
Ms. Linda Killian, presented petitions to the Clerk to the Board, with 1,172 signatures in
support of Option 1, the recommendation presented by the Planning Staff. On behalf of the
petitioners, she strongly objected to density development occurring in the floodplain because of long-
term consequences which result in flooding and loss of properties. When New Hanover County
became a Project Impact community, it became a leader. It is the responsibility of the County to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 673
uphold their commitment to protect human lives and property. The Board was requested to approve
the recommendation presented by the Planning Staff.
Mr. Bob DeYoung, a concerned citizen, requested the Board to protect our natural resources
and the quality of life by adopting regulations that will truly protect the environment. He urged the
Board to better control development in sensitive environmental areas.
Ms. Kayti Link, Director of Governmental Affairs and Public Relations for the Wilmington-
Cape Fear Home Builders Association, reported that the issue before the Board was never perceived
as a problem until the development of three specific projects on the River Road in 1998. It is
important to note that none of these projects flooded during the recent 500-year storm and the water
did not rise to the designated FEMA 100-year flood line. This means that if the lots in these projects
had been constructed with no fill, the residences would not have flooded. This also indicates that maps
used by Staff in both options are unreliable. Conservation issues should not be based strictly on
elevations, but by identifying the resources that should be protected and preserved. The option
recommended by the Planning Board recognizes this need. During the past several months, this issue
has been debated with several versions of the existing regulations proposed by the Planning Staff. One
proposal submitted by the Planning Staff on May 6, 1999 to the Planning Board is very similar to the
recommendation of the Planning Board. Both options allow filling and protect wetland conservation
resources. The recommendation by the Planning Staff includes changing FEMA and Land Use maps,
which was not included in the Planning Board recommendation. Since both options are so similar, it
should not be difficult to reconcile the two proposals.
Ms. Link expressed concern for this item being misrepresented as a flood issue. The County
Commissioners requested the Planning Board to clarify the rules for conservation areas. This has been
achieved by the Planning Board with additional language to identify and protect the natural resources.
The option submitted by the Planning Staff deals only with land below a certain elevation based on the
FEMA flood line, which is an estimate. Staff’s option requires recognizing the natural topography,
which means when the ground is first surveyed, the elevation at that time is considered the natural
topography and must be preserved in its natural state without any change. The process of developing
land involves changing grades, cut and fill as long as no wetlands, swamps, marshes or other protected
areas are filled. There is no logic in requiring the natural grade to be maintained forever.
In closing, Ms. Link requested the Board to approve the option submitted by the Planning
Board.
Mr. Bill Cameron, a member of the Land Use Council with the Homeowners Association,
stressed the importance of everyone understanding that the item before the Board is not a filling or
flooding issue. The real issue is clustering and where clustering can occur on land located in
conservation areas. When building in a conservation area, the developer is required to comply to State
stormwater regulations, which are complicated and require certified engineer drawings as well as
passage of County and State inspections. The State stormwater regulations require any outfall to be
located further away from the natural resource to protect the environmental area and prevent the
stormwater from discharging into the resource. Also, there are low areas that need to be filled without
pushing the development line closer to the resource. Any regulation approved by the Board should
provide the flexibility to deal with low lying areas of this type and remain environmentally sensitive
and environmentally responsible.
Commissioner Howell stated that both options submitted do not deal with issues involved
when a parcel of land is located in the floodplain. Parking lots were not addressed. Under both
options, there could be instances where large beautiful trees would be cut down to cluster units and
construct a parking lot in a conservation area. Aesthetics have not been addressed. When driving
down Highway 421 in the Kure Beach and Fort Fisher area, there are wall to wall houses and
condominiums. These areas should be protected. The options submitted do not show how the
Technical Review Committee determines what resources should be protected when reviewing a
development project. Also, both options submitted do not address property with no environmental
concerns. For example, there is a project in the floodplain that is two miles from the waterway and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 674
the land did not flood during the 500-year storm, but the builder cannot cluster in that area. There are
instances where clustering in the floodplain may protect trees and other environmental concerns. Also,
neither option provides enough flexibility. He suggested tabling this item and returning it to the
Planning Board for further study.
Chairman Caster closed the Public Hearing.
Commissioner Davis expressed concern for the Board adopting the recommendation submitted
by the Planning Board because this option could encourage the filling in of the floodplain. He said that
floodplains are environmentally sensitive areas that should be protected.
Motion:
Commissioner Davis, MOVED, SECONDED by Commissioner Birzenieks to adopt Option
1, the recommendation submitted by the Planning Staff.
Commissioner Howell reiterated the importance of amending the ordinance to address the real
issues. He said that a great deal of misinformation has been dispensed by the media to the public, and
it is imperative for other issues to be addressed.
Substitute Motion:
Commissioner Howell MOVED to table this item and return the options to the
Planning Board to incorporate more of the environmental issues. The motion was seconded by Vice-
Chairman Greer.
SUBSTITUTE
Chairman Caster called for a vote on the substitute motion. Upon vote, the
MOTION FAILED
by a2 to 3 vote as follows:
Voting Aye:Commissioner Howell
Vice-Chairman Greer
Voting Nay:Commissioner Birzenieks
Commissioner Davis
Chairman Caster
Chairman Caster called for a vote on the original motion to adopt Option 1, the
ORIGINAL MOTION CARRIED
recommendation submitted by the Planning Staff. Upon vote, the
by a 4 to 1 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Vice-Chairman Greer
Chairman Caster
Voting Nay: Commissioner Howell
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 27.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN WESSELL FOR LARRY AND
MAGGIE RIPA TO REZONE 5.25 ACRES LOCATED AT THE NORTHWEST CORNER
OF SMITH CREEK PARKWAY AND NORTH COLLEGE ROAD FROM R-15
RESIDENTIAL TO O&I OFFICE AND INSTITUTION (Z-679, 8/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the Board of Commissioners continued this
item at its November 1, 1999, meeting based on nearby residents’ concerns involving traffic conflicts
coming off North College Road and secondary access to the site from Spring Branch Road. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 675
petitioner offered to create deed restrictions preventing access from Spring Branch Road to resolve
the concerns of the residents.
At the Planning Board meeting held on August 5, 1999, the Planning Board voted 5 to 1 to
recommend that the proposed O&I District be limited south of the southern boundary line of Parcel
5 on the site map and west to the southern boundary of Parcel 3. Several residents of the Springview
Subdivision located adjacent to the request expressed opposition to the proposed rezoning. Their
concerns centered around existing traffic problems associated with executing turning movements onto
College Road, u-turns to access the site for vehicles traveling north, and general degradation of
residential land values with the land being rezoned.
Planning Director Hayes noted that Attorney John Wessell had provided a declaration of
restrictive covenants to resolve the residents’ concerns about access, and the petitioner has suggested
changing the boundary line to coincide with the lot lines to the property. This change will basically
eliminate one lot from the rezoning.
Attorney John Wessell, representing Larry and Maggie Ripa, reported that he has prepared a
set of restrictive covenants that state if the property is developed for any use other than residential
purposes, there will be no access from or to this tract via Spring Branch Road. The covenants will
apply as long as the property is zoned Office and Institution under the New Hanover County Zoning
Ordinance. The property owners living in the vicinity of the intersection where Spring Branch Road
joins the property have been granted authority to enforce the covenants. Every effort has been made
to communicate with the residents living in Spring View Subdivision.
Attorney Wessell requested the Board to approve the Office and Institution zoning to allow
Mr. Ripa the most appropriate use of the property.
Chairman Caster asked if anyone from the public would like to speak.
Ms. Teresa Subbles, representing the Spring View Woman’s Club, commented on the proposal
and restrictive covenants. The concerns for access have been addressed, but the residents are in favor
of the Planning Board’s recommendation which will not change the boundary line. The buffer zone
is an important aspect of protecting the neighborhood from office and institution uses.
Ms. Deb Fisher LaRue, a new resident of the Spring View community, advised that after
researching this area on the Internet and just moving into the area, she was alarmed about the
encroachment of commercial uses into the neighborhood. She requested the Board to continue this
item until more information is provided to the residents.
Commissioner Davis asked Ms. LaRue if she would like for the property to remain residentially
zoned.
Ms. LaRue responded that most of the neighbors would prefer for the land to remain
residentially zoned.
Mr. Rick Simpson, a resident of 631 Spring Branch Road, said the residents in Springview
Subdivision very much desire for the property to remain residentially zoned. The intersection near this
property is dangerous and the safety of children should be considered.
Chairman Caster closed the Public Hearing.
Discussion was held on the legal aspects of the restrictive covenants. County Attorney Copley
explained that conditions or restrictions cannot not be imposed by the Board on a general rezoning.
Mr. Ripa, the owner, would have to agree to impose the restrictive covenants upon himself to ensure
the residents that the restrictions will be implemented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 676
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster to approve the
petitioner’s recommendation for rezoning the property from R-15 Residential to O&I Office and
Institution. Upon vote, the MOTION FAILED by a 3 to 2 vote as follows:
Voting Aye: Commissioner Howell
Chairman Caster
Voting Nay:Commissioner Davis
Commissioner Birzenieks
Vice-Chairman Greer
No further action was taken by the Board; therefore, the property will remain residentially
zoned.
PUBLIC HEARING TO CONSIDER REQUEST FOR SPECIAL USE PERMIT BY HERB
AND JOY FOX TO PERMIT A SINGLE-WIDE MOBILE HOME LOCATED AT 2029
TERESA DRIVE, WRIGHTSBORO COMMUNITY (S-448, 12/99)
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
Joy Fox
Herbert Fox
Planning Director Hayes reported this was a request for a Special Use Permit to locate a single-
wide mobile home at 2029 Teresa Drive in the Wrightsboro Community. Under the special use
process, no recommendation is required by the Planning Board.
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
upon the following findings:
A.Water and sewer service will be provided by well and septic tank.
B.The site has direct access off Teresa Drive (SR 2239).
C.The site is served by the Wrightsboro Volunteer Fire Department.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Single-wide mobile homes are permitted by Special Use Permits in R-20 Residential Districts.
B.Front, side and rear yard setbacks of the R-20 District will be met.
C. Well and septic tank permits have been applied for and received through Environmental
Health.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. Mobile homes of similar character to the one proposed are located along Teresa Drive.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 677
B. No data has been submitted indicating that providing this type of housing in an existing
neighborhood will cause property values to drop.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County based upon
the following findings:
A. The 1999 Land Classification plan identifies this area as Resource Protection. Densities greater
than 2.5 units/lots per acre are not permitted. This lot has approximately 25,000 square feet.
B. Other mobile homes are located along Teresa Drive and near Castle Hayne Road.
Planning Director Hayes informed the Board that marginal soils are located in this area;
therefore, every effort should be made to mitigate potential drainage impacts to adjoining properties.
Chairman Caster asked if the petitioner would like to testify.
Mr. Herbert Fox, the petitioner, requested the Board to grant a Special Use Permit to locate
the single-wide mobile home on the site.
Chairman Caster asked Mr. Fox if he concurred with the preliminary findings as presented by
the Planning Director.
Mr. Fox agreed with the findings as presented.
There being no further testimony, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a
Special Use Permit to allow Herb and Joy Fox to place a single-wide mobile home at 2029 Teresa
Drive located in the Wrightsboro Community based upon the evidence and findings of fact concluding
that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved; the use meets all required conditions and
specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining
property or abutting property or that the use is a public necessity; and the location and character of
the use if developed according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development for New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in
SUP Book III, Page 3.
PUBLIC HEARING TO CONSIDER A REQUEST FROMSHELTON TATE, SR., FOR A
SPECIAL USE PERMIT TO PERMIT A MOBILE HOME AT 719 MIDDLE SOUND LOOP
ROAD (S-449, 12/99)
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
Shelton Tate, Sr.
Planning Director Hayes reported that Mr. Shelton Tate, Sr. has requested a Special Use
Permit to locate a single-wide mobile home at 719 Middle Sound Loop Road. He advised that the
special use process does not require a recommendation from the Planning Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 678
Planning Director Hayes presented the following preliminary findings:
1. The Board must find that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved based
upon the following findings:
A. Water (individual well) and sewer (individual septic tank) services already exist on the site.
B. The site has direct access off Middle Sound Loop Road.
C. The Middle Sound Community is served by the Ogden Volunteer Fire Department.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. Single-wide mobile homes are permitted by special use in R-20 Residential Zoning Districts.
B. Setback requirements of the R-20 District will be met.
C. An existing single-family residential home exists on the site. Space requirements for a second
residential use are based on the applicant’s site map.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. A mobile home park located east of the site has been in use for many years.
B. No data has been submitted indicating that providing this type of housing in an existing
neighborhood will cause property values to drop.
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. Other mobile homes are located near the area off Middle Sound Loop Road.
B. The 1999 Land Use Plan identifies this area as Resource Protection. Densities greater than
2.5 units/lots per acre are not permitted.
Chairman Caster asked if the petitioner would like to testify.
Mr. Shelton Tate, Sr. requested the Board to grant a Special Use Permit to locate a single-wide
mobile home at 719 Middle Sound Loop Road.
Chairman Caster asked Mr. Tate if he concurred with the findings of fact as presented by the
Planning Director.
Mr. Tate agreed with the findings as presented.
There being no further testimony, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve a
Special Use Permit to allow Mr. Shelton Tate, Sr. to locate a single-wide mobile home at 719 Middle
Sound Loop Road based upon the evidence and findings of fact concluding that the use will not
materially endanger the public health or safety if located where proposed and developed according to
the plan as submitted; the use meets all required conditions and specifications of the Zoning Ordinance;
the use will not substantially injure the value of adjoining or abutting property, or that the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 679
use is a public necessity; and the location and character of the use if developed according to the plan
as submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 3.
PUBLIC HEARING TO CONSIDER REQUEST TO MODIFY AN APPROVED
CONDITIONAL USE SITE PLAN AT 7779 ALEXANDER ROAD (Z-635, 22/99)
Chairman Caster opened the Public Hearing and announced that the conditional use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Cindee Wolf
Mary Ruth Marshall
Planning Director, Dexter Hayes, reported this item originally appeared on the Planning
Board’s September 3, 1998, agenda as an R-15 to B-2 Rezoning. The item was tabled for 30 days
to give the petitioner time to submit a revised application under conditional use guidelines. The
application was revised to CD(B-2) business. Specific uses were not listed.
In November 1998, the Board of County Commissioners voted to table a decision on the
proposal until the December meeting. In the interim, the applicant was instructed to revise the site
plan. A revised site plan was prepared and instead of the CD(B-2) and CD(O&I) recommended by
the Planning Board, the applicant changed the request of CD(O&I) to permit all uses within the O&I
District. Ultimately the application was approved by the Board for CD(O&I) on December 7, 1998.
On November 4, 1999, the applicant presented the current site plan to the Planning Board.
There were several people at the meeting who supported the application. Some neighbors expressed
concern about some of the uses allowed in the O&I zone. The Planning Board recommended approval
with the following conditions:
?
Buildings supplemental to the proposed dental office will not be used for convenience food
stores, drug stores, day care, or electric/gas and sanitary services.
?
The buildings along Alexander Road must have a minimum of two dormers facing Alexander
Road, and all service utilities for these buildings must be shielded from view.
?
The building along Alexander Road should be perpendicular to Market Street, and the parking
at the ends of these buildings should not extend beyond the building setback.
Planning Director Hayes explained that the petitioner is requesting an amendment to the
approved conditional use site plan. The petitioner has modified the building layout and the parking
layout. The revised plan shows an additional 6,450 square feet of building area and an additional 13
parking spaces. Also, the proposed stormwater management system has been revised from a pond to
an underground detention system.
After a review of the plan by Staff, it is recommended that the petition be approved with no
increase in square footage on the site and that the previously approved setbacks and buffers be retained
along the perimeter of the site. Any excess parking should be eliminated whenever possible.
Chairman Caster asked if the petitioner would like to testify.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 680
Ms. Cindee Wolf, representing the petitioner, Dr. William Alexander, said Dr. Marshall is a
dentist seeking office use with ample parking spaces further from the downtown area. She noted that
the site plan for the project has been improved and the rezoning is only for Office and Institution. She
requested the Board to approve the request.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the
modifications to the Conditional Use Office and Institution District located at 7779 Alexander Road
subject to the conditions of the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 3.
PUBLIC HEARING TO CONSIDER A REQUEST BY PETER VINAL FOR EULA ALFORD
TO REZONE 1.4 ACRES IN THE 6300 BLOCK OF CAROLINA BEACH ROAD ON THE
EAST SIDE, FROM R-15 RESIDENTIAL TO CD(B-1) CONDITIONAL USE DISTRICT B-1
NEIGHBORHOOD BUSINESS (Z-684, 9/99)
Chairman Caster opened the Public Hearing and reported the conditional use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes
Peter Vinal
Cindee Wolf
Planning Director Hayes reported that the applicant presented a revised site plan as per Staff’s
comments. There was no opposition from adjacent landowners. The Planning Board, at its November
4, 1999 meeting unanimously recommended approval.
The petitioner is requesting a Conditional Use B-1 rezoning for establishment of a retail
nursery. The subject site is adjacent to and north of an existing Conditional Use B-1 District
established in 1994 and used for a gift and novelty shop. With the exception of the Conditional Use
B-1 District to the south, the subject property is surrounded by R-15 zoning. Directly north and
adjacent to the site are several mobile homes that gain access to Carolina Beach Road through an
easement. There are three established neighborhoods located within close proximity to the site. All
three developments have moderate single-family housing. As noted in several nearby rezoning cases,
the expansion of an existing commercial district is simply not compatible with the other residential land
use nor does it fit with the land use plan. The petitioner could run a wholesale nursery from this site
without rezoning the property.
Planning Director Hayes presented the following preliminary findings:
1. The Board must find that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved based
upon the following findings:
A. The site is served by a private well and septic tank.
B. Access to and from the site is proposed on Carolina Beach Road. Carolina Beach Road is
classified as an arterial road on the New Hanover County Thoroughfare Classification Plan.
C. The site is located in the Myrtle Grove Volunteer Fire Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 681
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based the following findings:
A. The subject property is currently zoned R-15 and is classified as Resource Protection by the
1999 New Hanover County Land Use Plan.
B. The applicant is requesting a Conditional Use B-1 rezoning to allow a Retail Nursery
Operation. Wholesale Nursery Operations are permitted by right in the R-15 zone.
C. Building setbacks are based on building height. The applicant has indicated that the proposed
buildings are one story. The maximum building height is 35 feet.
D. The required buffer yard is 50% of the building setback or a minimum of 20 feet, whichever
is greater.
E. The parking shown on the plan meets the zoning requirements.
F. The principal use sign must not exceed 300 square feet and must be set back a minimum of 10
feet form the right-of-way.
G. The site plan does not address any tree preservation apart from buffer yard areas.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A. The adjacent and surrounding zoning is R-15 with the exception of a portion of the property
south of the subject site which is zoned CD(B-1).
B. The primary access to the residential property adjacent and north of the site is through an
access easement.
C. The site is currently vacant and wooded.
D.Three established neighborhoods are located in close proximity to the site. Battleground Park
to the north, Country Place to the east, and Laurel Ridge to the south.
E. There are two major commercial districts within a mile north and south of the subject 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 of New Hanover County based upon
the following findings:
A. There are two other conditionally approved commercial areas south of the subject property
and across the road.
Commissioner Davis asked if the proposed rezoning would be compatible with surrounding
residential land uses.
Planning Director Hayes responded with recent modifications to the site plan, the use will be
more compatible with the neighborhood.
Chairman Caster asked if the petitioner would like to testify.
Mr. Peter Vinal, representing the petitioner Eula Alford, reported that the Planning Board
recommended approval of the rezoning based upon the revised site plan. He advised that the proposed
use is compatible with surrounding properties. Only 300 feet on the front of the property will be used
for Conditional Use Zoning with the back of the property remaining residential. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 682
Board was requested to approve the rezoning to allow placement of a nursery on the site, which will
be an excellent transition use for the area.
Chairman Caster asked Mr. Vinal if he agreed with the findings presented by the Planning
Director.
Mr. Vinal concurred with the findings as presented.
There being no further testimony, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to rezone 1.4
acres located in the 6300 Block of Carolina Beach Road on the east side, from R-15 Residential to a
CD(B-1) Conditional Use District B-1 and approve a Special Use Permit for placement of a retail
nursery on property located in the 6300 block of Carolina Beach Road based upon the evidence and
findings of facts concluding that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved; the use
meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially
injure the value of adjoining or abutting property or that the use is a public necessity; and the location
and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA,
ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning
Book I, Section 4, Page 53.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 3.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY SIXTY NINE FORTY
THREE MARKET LIMITED PARTNERSHIP FOR GROVE PARK PROPERTIES TO
REZONE A PORTION OF PROPERTY LOCATED IN THE 5500 BLOCK OF CAROLINA
BEACH ROAD ON THE WEST SIDE FROM R-15 RESIDENTIAL TO B-2 HIGHWAY
BUSINESS (Z-689, 11/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the Planning Board voted unanimously to
recommend approval of the petitioner’s request on November 4, 1999. There was no opposition
present and very little discussion was held by the Planning Board.
Planning Director Hayes said with the commercial nature of the area surrounding the
petitioner’s property, adequate water and sewer services, and the convenience of having zoning district
boundaries coincide with property boundaries, Staff recommends approval of the B-2 Highway
Business zoning.
Chairman Caster asked if anyone from the public would like to speak in opposition to the
request.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to rezone .25
of an acre located in the 5500 Block of Carolina Beach Road south of Monkey Junction from R-15
Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 683
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA,
ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning
Book I, Section 4, Page 5.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN LEGWIN TO CLOSE A
PORTION OF AN UNNAMED ROAD LOCATED NEAR THE SOUTHEASTERN
TERMINUS OF DUNBAR ROAD ADJACENT TO DUNBAR LANDING IN THE MIDDLE
SOUND COMMUNITY (SC-75, 10/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that John LeGwin has submitted a request to close
a portion of an unnamed road located adjacent to Dunbar Landing in the Middle Sound Community.
This is a 30-foot unimproved road right-of-way approximately 200 feet in length, and it currently
serves as potential access to boaters and pedestrians of the Dunbar Road neighborhood using Pages
Creek. Vehicular access to adjoining lots on either side of the road will not be impacted if the road
is closed.
Planning Director Hayes advised that this segment of the road has been identified in the Public
Water Access Plan for New Hanover County as a potential road right-of-way for public water access
in this area. The County Engineering Staff has indicated that utility easements will not be needed;
however, with the number of registered boaters increasing annually and the limited availability of
public access to the water for passive recreational purposes, the Planning Staff recommends that the
road remain open.
Chairman Caster asked if the petitioner would like to speak.
Mr. John LeGwin, the property owner, reported this was a 200 foot road going to the water
with a 5-foot drop off and 125 feet of marsh before reaching the channel. The site is not large enough
for loading and unloading small boats. As growth increases in this area, the residents living on this part
of the road feel it is unsafe for children to wander down to this access point. He requested the Board
to close this portion of Dunbar Road to better protect the quality of life for residents living on the
unnamed road.
Mr. Buck O’Shields, a resident of Dunbar Road, informed the Board that a portion of Dunbar
Road was maintained by the N. C. Department of Transportation. The remaining 30 feet of the road
was set aside by the original property owner for his family to have access to Pages Creek. Pictures
were presented showing the area and the lack of space for vehicles to turn around when using the road
for water access.
Mr. O’Shields said this portion of Dunbar Road has been privately maintained by the property
owners for years. He requested the Board to consider the residents living on the unnamed road and
approve the road closing to better protect their properties.
Chairman Caster asked if anyone present would like to comment.
Mr. Jay Peterson, a resident of 1305 Middle Sound Loop Road, presented a petition to the
Clerk to the Board with 70 signatures of area residents opposed to the road closing. He noted that
water access was second best to waterfront property, and he stated when selling land the value of
property greatly increases if water access is available. Many of the deeds of residents around this area
show water access via Dunbar Road. Approximately 20 years ago, a number of people donated land
to widen Dunbar Road from 30 feet to 60 feet so the N. C. Department of Transportation would pave
the road. To allow one or two residents living at the end of the road to have this valuable piece of
property and deny property owners with deeds that show water access is not acceptable. He requested
the Board to deny the road petition to close this section of Dunbar Road to maintain public access to
Pages Creek.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 684
Commissioner Davis asked Mr. Peterson if people use the access for unloading and loading
boats.
Mr. Peterson responded that many people fish and crab at this access. Some of the residents
use the access to load and unload canoes or small boats.
Mr. Jeff Singletary, a resident of 7744 Dunbar Road, said that he uses the road as a walking
trail.
Commissioner Davis asked Mr. Singletary if his deed provides access to the water.
Mr. Singletary responded that water access via Dunbar Road was part of his deed.
Mr. James Ray Blake, a resident of 7413 Dunbar Road, commented on the ownership of this
property by his father, and he requested the Board to allow the road to remain open so residents that
do not live on the water can enjoy this access for fishing and canoeing.
Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to deny the request
to close the road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENTS OF COUNTY COMMISSIONERS TO SERVE ON VARIOUS COUNTY
AND COMMUNITY BOARDS
Consensus:
After discussion, it was the consensus of the Board for each County Commissioner to
continue to serve on the same boards and committees.
A list of the Commissioners serving on the various boards and committees for the Year 2000
is on file in the Governing Body Office.
COMMUNITY APPOINTMENTS
Appointments to the Board of Health
Chairman Caster reported that three vacancies exist on the Board of Health with the three
persons serving being eligible for reappointment. He noted that four applications have been received
for the at-large general public category; one application for the dentist category; and one application
for the professional engineer category.
Motion:
Vice-Chairman Greer, the Commissioners’ representative on the Board of Health,
commented on the quality of service being provided by the members eligible for reappointment, and
he MOVED, SECONDED by Commissioner Birzenieks to reappoint Anne Braswell as the General
Public representative, Wilson O’Kelly Jewell, Jr., as the dentist representative, and William T. Steuer
as the professional engineer representative to serve 3-year terms on the Board of Health to expire
December 31, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Human Relations Commission
Chairman Caster announced that two vacancies exist on the Human Relations Commission and
stated that three applications have been received. He opened the floor to receive nominations.
Commissioner Birzenieks nominated Benjamin P. Wright. The nomination was seconded by
Chairman Caster.
Vote:
Upon vote, Benjamin P. Wright was unanimously appointed to serve a 3-year term on the
Human Relations Commission to expire December 31, 2002.
Vice-Chairman Greer nominated Katherine Salwitz. The nomination was seconded by
Commissioner Birzenieks.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 685
Vote:
Upon vote, Katherine Salwitz was unanimously appointed to serve a 3-year term to expire
December 31, 2002.
Chairman Caster requested Clerk to the Board, Lucie F. Harrell, to provide an updated list of
members serving on the Human Relations Commission.
Appointments to the Zoning Board of Adjustment
Chairman Caster announced that two vacancies and two alternate vacancies exist on the
Zoning Board of Adjustment. He advised that Peter Michael DeVita and Irving Rod Smith are eligible
to be reappointed to the Zoning Board of Adjustment for three-year terms. Mr. Dallas J. Brown, Jr.
and Randy Crow are eligible to serve as alternates. He advised that 4 applications have been received
for regular members and two applications for alternate members.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reappoint
Peter Michael DeVita and Irving Rod Smith to serve 3-year terms on the Zoning Board of Adjustment
with the terms to expire December 1, 2002 and to reappoint Dallas J. Brown, Jr. and Randy Crow to
serve as alternate members with the terms to expire December 1, 2002. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO CONTINUE THE MEETING OF
THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 11:42 p.m. to continue the regular meeting
of the New Hanover County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 11:58 p.m.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Announcement of Family Court Pilot Program
Commissioner Davis announced that New Hanover and Pender Counties have been selected
as a site for a new Family Court Project by the Administrative Office of the Courts. The Chief Justice
and the Director of the Administrative Office of the Courts will be in Wilmington to formally announce
this at a Press Conference to be held in the Assembly Room of the New Hanover County Courthouse
on Thursday, December 9, 1999, at 2:00 p.m.
Commissioner Davis encouraged the Commissioners to attend this event if at all possible.
Reminder of County Employee Christmas Party
Chairman Caster reminded the Board that the Employees Christmas Party would be held on
Thursday, December 16, 1999, from 4:00 p.m. until 6:00 p.m in the Assembly Room of the New
Hanover County Courthouse.
Reminder of Special Meeting to Hear Tax Appeals
Chairman Caster reminded the Board of the Special Meeting scheduled on Monday, December
20, 1999, at 9:00 a.m. in the Assembly Room to hear tax appeals.
Reminder of the Joint Meeting with the Board of Education
Chairman Caster reminded the Board of the joint meeting scheduled with the Board of
Education on Tuesday, December, 14, 1999, at 6:00 p.m. in the Media Room at Hoggard High
School.
ADDITIONAL ITEMS - COUNTY MANAGER
Budget Retreat Scheduled for February 11 and 12, 2000
County Manager O’Neal presented the following list of dates to be considered for scheduling
a Budget Retreat:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 686
January 21 & 22, 2000
January 28 & 29, 2000
February 4 & 5, 2000
February 11 & 12, 2000
Consensus:
After discussion, it was the consensus of the Board to schedule a Budget Retreat on
th
Friday and Saturday, February 11 & 12, 2000 in the 5 Floor Conference Room of the County
Administration Building. The exact time will be decided at a later date.
Announcement of Visit to William and Mary College to Attend the Courtroom 21 Project
Seminar
Deputy County Manager, Andrew J. Atkinson, announced that he and a group composed of
Judges, the District Attorney, Bruce Bowman, and Greg Thompson would be attending the
Courtroom 21 Project Seminar to be held at William and Mary College to learn about the latest
technology for courtrooms. The group will leave in a van from the parking lot on Thursday,
December 9, 1999, at 4:30 p.m. He said if any of the Commissioners would like to attend, there were
two vacancies.
Approval of Settlement in the Batts v Bohen Lawsuit
County Attorney Copley reported that insurance attorneys representing New Hanover County
have recommended a settlement in the Batts v Bohen lawsuit in the amount of $10,000. She requested
the Board to accept or reject the settlement.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to approve a
settlement of $10,000 in the Batts v Bohen lawsuit as recommended by the insurance attorneys. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned at 12:10 a.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board