2001-05-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 566
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May
7, 2001, at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner Julia Boseman, Commissioner William A. Caster; Commissioner Nancy H. Pritchett;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager Andrew J. Atkinson gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
Chairman Davis announced that after discussion at the Thursday Staff meeting, the Board
agreed to take the following actions concerning items on the Regular Agenda:
Item 2: Refer the request from Alpha Phi Alpha Fraternity, Inc. to change the name
of Smith Creek Parkway to Reverend Dr. Martin Luther King, Jr. Boulevard
to the Planning Board to be considered through the normal procedure for
naming roads.
Item 7: Defer action on approving the New Hanover County Boardcast Policies and
Procedures until after the equipment has been installed in the Assembly Room.
A Work Session will be scheduled at the appropriate time to review the policy
and other items.
Item 9.2: Continue the Public Hearing to consider the Special Use Highway Overlay
District on either side of the Highway 17 By-Pass right-of-way until June 4,
2001, to allow ample time for the Commissioners to review the
recommendation made by the Planning Board.
Item 9.3: Continue the Public Hearing to consider a Special Use Permit for location of
a Pet Grooming Center at 4802 Carolina Beach Road to June 4, 2001, as
requested by the petitioner, Alicia Cheney.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove a Consent
Agenda Item.
Commissioner Caster requested removal of Items 2, 4, and 5 for further discussion.
Chairman Davis called for a motion to approve the Consent Agenda with removal of the items
requested by Commissioner Caster.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to remove
Consent Agenda Items 2, 4, and 5, for further discussion 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 minutes of the following meetings as presented by the Clerk
to the Board:
Joint Meeting-Board of EducationApril10, 2001
Regular MeetingApril 16, 2001
Board of Equalization and ReviewApril 16, 2001
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 567
Adoption of Resolution to Authorize the Cape Fear Museum Director and Assistant County
Manager to Open and Maintain the Safe Deposit Box with Bank America
The Commissioners adopted a Bank of America Corporate Resolution to authorize Cape Fear
Museum Director Ruth Haas and Assistant County Manager Pat Melvin to be added to the list of
authorized employees to open and maintain the safe deposit box with Bank of America.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
Approval of Budget Amendment #01-0191-Social Services/Title XIX-Medical
Transportation/Special Assistance-Adults
The Commissioners approved the following Budget Amendment:
Budget Amendment #01-0191-Social Services/Title XIX-Medical Transportation/Special
Assistance-Adults
ADJUSTMENTDEBITCREDIT
Social Services:
Title XIX-Medical Transportation
Medical Transportation$126,500
Special Assistance-Adults:
Assistance Payments$ 7,500
Title XIX-Medical Transportation:
Medical Transportation-County Systems$134,000
Explanation:
To budget additional funding for the Medical Transportation Program from the North
Carolina Division of Medical Assistance. No additional County funds are required.
Approval of Budget Amendment #2001-43-Sheriff-Federal Forfeited Property Capital Project
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Federal Forfeited Property$18,852
Capital Project Expense$18,852
Explanation:
To increase the budget for additional revenue received on April 5, 2001. Federal
Forfeited Property funds are budgeted as received and must be used for law enforcement activities
as deemed necessary by the Sheriff.
Adoption of Budget Amendment #2001-44-Sheriff-Controlled Substance Tax
The Commissioners adopted the following Budget Amendment:
Budget Amendment #2001-44-Sheriff-Controlled Substance Tax
ADJUSTMENT DEBITCREDIT
Controlled Substance Tax funds$4,136
Capital Project Expense$4,136
Explanation:
To increase the budget for additional revenue received on April 5, 2001. Controlled
Substance Tax funds are budgeted as received and must be used for law enforcement activities as
deemed necessary by the Sheriff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 568
APPROVAL OF CONSENT AGENDA ITEM 2, A CHANGE ORDER TO THE CONTRACT
WITH CLANCY AND THEYS FOR CONSTRUCTION OF A TEMPORARY RAMP AS
PART OF THE JUDICIAL BUILDING EXPANSION AND APPROVAL OF ASSOCIATED
BUDGET AMENDMENT # 2001-45
Chairman Caster requested an explanation of why a temporary ramp was being built instead
of a rented or permanent ramp.
Deputy County Manager Atkinson explained that in order to access the Historic Courthouse
during construction of the Judicial Building expansion, a temporary ramp was needed. After checking
into the rental of a ramp at $8,400 for two years, it was more cost effective to build a temporary ramp
at $8,000 to provide access until the project is completed.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve a
change order in the amount of $8,000 to the contract with Clancy and Theys and approve the
associated budget amendment for construction of a temporary handicap ramp on Third Street to
provide handicapped access to the Historic Courthouse during construction of the Judicial Expansion.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the change order is on file in the Legal Department.
Budget Amendment 2001-45-Judicial Building Capital Project
ADJUSTMENTDEBITCREDIT
COPS Proceeds$8,000
Capital Project Expense$8,000
Explanation:
To increase the budget for cost of constructing a handicapped ramp.
APPROVAL OF CONSENT AGENDA ITEM 4, FUNDING RECOMMENDATION FROM
THE JUVENILE CRIME PREVENTION COUNCIL FOR USE OF JUVENILE JUSTICE
AND DELINQUENCY PREVENTION FUNDS FOR FY 2001-2000
Commissioner Caster requested an explanation of why no agency had been designated to carry
out the Day Reporting Program.
Deputy County Manager Atkinson explained that for a number of years, the Community Boys
and Girls Club has contracted with the County to operate the Pathways Program. Due to a significant
increase in the number of adjudicated youth carried to the site, the Community Boys and Girls Club
has decided that the program is longer compatible with other programs offered and the contract will
be terminated effective June 30, 2001. State funding in the amount of $188,042 has been set aside
to fund the program. This item will be presented for discussion and consideration on May 21, 2001
agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
following recommendation from the Juvenile Crime Prevention Council for use of State Juvenile
Justice and Delinquency Prevention funds for FY 2001-2002. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
AgencyRequestedRecommended
Juvenile Psychological Services$ 94,862 $ 94,862
Intensive Home-Based Services$195,629$150,000
Total $290,491$244,862
APPROVAL OF CONSENT AGENDA ITEM 5, A DEED GRANTING CONVEYANCE OF
AIRPORT PROPERTY TO THE N. C. DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF SMITH CREEK PARKWAY
Commissioner Caster expressed concern for approving the conveyance of the property before
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 569
the Airport Authority had discussed and approved the request.
County Attorney Copley assured the Board that the Airport Authority was aware of the
rd
request from the N. C. Department of Transportation to convey 1.022 acres of land along 23 Street
for construction of Smith Creek Parkway. She suggested approving the conveyance subject to
approval by the Airport Authority.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve a deed
rd
granting conveyance of approximately 1.022 acres of land along 23 Street to the N.C. Department
of Transportation for construction of Smith Creek Parkway subject to approval by the New Hanover
County Airport Authority.
A copy of the deed is on file in the Legal Department.
ADOPTION OF RESOLUTION REQUESTING THE U. S. ARMY CORPS OF ENGINEERS
TO APPROVE THE DREDGING PERMIT TO RELOCATE MASON INLET
Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group, spoke on the
frustration of the property owners about the permitting process and stated that Representative
McComas has suggested requesting the Board of County Commissioners to adopt a resolution to
urge the U. S. Army Corps of Engineers to move forward with approving the dredging permit to
relocate Mason Inlet. He advised that after months of contacting various agencies, no one knows
why the approval process has been so slow.
Mr. Pinkston commented on time being of the essence and stated if the relocation project is
not started during the Summer prior to removal of the sandtubes, property destruction will occur with
an environmental disaster that will result in damage to wildlife species as well as being costly to
correct. He requested the Board to adopt the resolution as proposed.
Vice-Chairman Greer referenced the paragraph in the resolution pertaining to the County
agreeing to a monitoring program to protect the various wildlife species and suggested deleting this
paragraph since the County had not agreed to a monitoring program.
Motion:
After discussion of the need to move forward with the project, Vice-Chairman Greer
MOVED, SECONDED by Commissioner Caster, to adopt the resolution requesting the Corps of
Engineers to move forward with the permitting process for the Mason Inlet Relocation Project with
removal of the paragraph pertaining to a monitoring program. Upon vote, the MOTION CARRIED
by a 4 to 1 as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Commissioner Boseman
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
ADOPTION OF PROCLAMATION DECLARING MAY, 2001 AS OSTEOPOROSIS
PREVENTION MONTH IN NEW HANOVER COUNTY
County Manager O’Neal advised that the Governor’s Task Force has requested cities and
counties in North Carolina to declare May 2001 as Osteoporosis Prevention Month in New Hanover
County to educate the public about how to prevent the disease.
Chairman Davis read the proclamation and requested a motion for adoption.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a
Osteoporosis Prevention Month
proclamation declaring May, 2001 as in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 570
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 28.
PRESENTATION BY BELYNDA BILBROUGH CONCERNING VIOLATIONS OF THE
ENDANGERED SPECIES ACT AT THE NORTHERN END OF CAROLINA BEACH
Ms. Belynda Bilbrough, a resident of Carolina Beach, expressed concern for the need to take
steps immediately to protect the ecologically sensitive area of the northern end of Carolina Beach.
She presented documentation on numerous violations of the Endangered Species Act, and stated that
New Hanover County was responsible for enforcing the act. This enforcement includes, but is not
limited to immediate restriction of vehicular traffic on the north end of Carolina Beach.
Loggerhead turtles cannot cross tire ruts left in the sand; cannot dig into the impacted sand
to lay their eggs; will “false crawl” and not nest at all if disturbed by noise or headlights; baby turtles
cannot overcome the tire ruts to make their way back to the sea; headlights disorient the turtles and
cause them to follow the lights; movement of the nests to protect the eggs from being crushed results
in gender skew, changing the entire reproductive structure; and erosion caused by repeated vehicular
traffic reduces nesting sites. In addition, the northern end of the beach serves as home for a variety
of other wildlife including the piping plover, colonial nesting waterbirds, terns, and black skimmers.
In 1993, there were 280 nests of these birds and in 1995 there were 475 but during the last five years
the number of nesting pairs has declined to zero.
The north end of the beach is defined as wetlands and is protected under the EPA Clean
Water Act. The dune line of this area is rapidly eroding daily due to unlawful vehicular traffic. The
loss of this area as wetlands will mean the loss of a habitat for wildlife as well as the filter which
protects our water supply. With North Carolina recently losing thousands of acres of wetlands,
protection of every remaining area is critical.
In closing, Ms. Bilbrough requested the County to consider the risks without constant law
enforcement such as littering, drug use, drunk driving, noise violations, and sanitation. Children are
at particular risk as noted with the unfortunate accident at Daytona Beach where two young people
were hit by a drunk driver with one dead and the other losing a leg. Ms. Bilbrough requested the
Board to review the information presented and respond with an action plan.
Commissioner Caster, the Board representative on the N. C. Shore & Beach Preservation
Association, spoke on past difficulties with trying to patrol the northern end of Carolina Beach and
informed the Board that Mr. Greg Walker, Executive Director of Cape Fear Resource Conservation
& Development, Inc., has expressed an interest in working on a plan for this area of the beach.
Chairman Caster offered to discuss this matter with Mr. Walker at a meeting scheduled on May 31,
2001, and report back to the Board about the possibility of this becoming a project under Cape Fear
Resource Conservation and Development, Inc.
Ms. Bilbrough requested the Commissioners to allow her to be involved with any committee
appointed to work on resolving this issue.
After further discussion, the Board agreed for Commissioner Caster to work with Mr. Walker
and report back to the Board.
On behalf of the Board, Chairman Davis expressed appreciation to Ms. Bilbrough for bringing
this item to the attention of the Board.
ADOPTION OF PROCLAMATION DECLARING MAY 12, 2001 AS NATIONAL
ASSOCIATION OF LETTER CARRIERS FOOD DRIVE DAY IN NEW HANOVER
COUNTY
Mr. Mark Boyer, New Hanover County Public Information Officer, requested the Board to
adopt a proclamation declaring May 12, 2001 as National Association of Letter Carriers Food Drive
Day in New Hanover County.
Chairman Davis read the proclamation and requested a motion for approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 571
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Davis, to proclaim May
National Association of Letters Carriers Food Drive Day
12, 2001 as in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Caster encouraged all citizens to place some food commodities at their
mailboxes and leave a note thanking the postman for carrying out this worthwhile food drive.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 28.
ADOPTION OF RESOLUTION IN SUPPORT OF YWCA INTERRACIAL DIALOGUE
STUDY CIRCLES
County Manager O’Neal advised that Ms. Amber Milliken and Ms. Pam O’Brien were present
to request support of the resolution.
Ms. Amber Milliken read the resolution adopted by the YWCA of the Lower Cape Fear, Inc.
Board of Directors and requested the Board to adopt a similar resolution.
Chairman Davis read the resolution prepared by the County and requested a motion for
adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the
resolution of support for the YWCA Interracial Dialogue Study Circles and to encourage all citizens
to attend and participate in these dialogues. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
PUBLIC HEARING TO CONSIDER A REQUEST BY CINDEE WOLF FOR JERE
LEGWIN TO REZONE 1.32 ACRES OF PROPERTY LOCATED AT 7965 MARKET
STREET AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF MARKET
STREET AND MENDENHALL DRIVE FROM R-15 RESIDENTIAL TO C D (B-2)
CONDITIONAL USE HIGHWAY BUSINESS (Z-724, 04/01)
Chairman Davis opened the Public Hearing and advised that the conditional use process
requires a quasi-judicial hearing; therefore any persons wishing to testify must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Cindee Wolf
Jere Legwin
Planning Director Dexter Hayes reported that the petitioner is requesting a conditional use
B-2 Highway Business rezoning for property located on Market Street in front of Mendenhall
Subdivision. This stretch of Market Street from the Mendenhall Subdivision to Sweetwater Drive
has been the subject of five different rezoning cases and one Special Use Permit because it is located
in a transition area between Porters Neck and Ogden. The property was originally zoned in July 1971
and was rezoned in July 1996 to C D (B-2) for use as a retail nursery. Ultimately the retail nursery
did not materialize and the property was rezoned back to R-15 Residential.
At the Planning Board meeting held on April 5, 2001, Planning Board recommended approval
of the rezoning subject to the conditions recommended by the Planning Staff.
Planning Director Hayes entered the following findings of fact into the record:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 572
A. The property has 227 feet of frontage along Market Street under the Special Highway
Overlay District.
B. The site is served by County water and sewer.
C. The site is within 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.A site plan has been submitted which meets the minimum requirements of the
ordinance.
B.The Special Highway Overlay District requires a building setback of 100 feet and a
parking setback of 50 feet.
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.Other conditional use zonings are located in front of subdivisions in the area..
B.The property was previously zoned Conditional Use B-2 for a retail nursery.
C.No evidence has been presented that indicates this would injure the value of adjoining
or abutting property.
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. The property is located in the Urban Transition land classification. The purpose of
the Urban Transition classification is to provide for future intensive urban
development on lands that have been or will be provided with necessary urban
services. The location of these areas is based upon land use planning policies
requiring optimum efficiency in land utilization and public service delivery.
Planning Director Hayes presented the following Staff conditions approved by the Planning
Board when the rezoning was approved:
1. Uses should be limited to B-1 and O&I type uses.
2. The Placid Drive connection should be completed for interconnection of County
Haven and Mendenhall Subdivisions.
3. A sidewalk should be provided to the north along Market Street to provide a
pedestrian connection between commercial districts.
4. Tree retention should be maximized along Market Street.
Planning Director Hayes presented a map showing the Placid Drive interconnection between
County Haven and Mendenhall Subdivisions, slides of existing homes, and the site plan for the
proposed Mendenhall Square.
Chairman Davis referenced denial of the request by the Planning Staff and questioned whether
approval of the request by the Planning Board subject to the conditions presented by the Planning
Staff would change the denial recommendation by Staff.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 573
Planning Director Hayes responded that Staff still feels a portion of the property is suitable
for residential development; however, the Planning Board felt with adjacent O&I zoning to the north
of the property and B-2 zoning across the road, the property had lost is residential appeal.
Chairman Davis asked if the request was consistent with the Comprehensive Land Use Plan.
Planning Director Hayes referenced policies in the Land Use Plan that address the need to
control strip commercial development along major highways and at entrances into subdivisions and
stated that the proposed rezoning would not be consistent with the Land Use Plan because of
extending commercial development along Market Street and the impact of this use at the entrance
of Mendenhall Subdivision. The other position to consider is the heavy B-2 Highway zoning on
vacant property across the road on the east side of Market Street near the entrance to Marsh Oaks.
This heavy commercial zoning has been in place for many years; however, the County has allowed
some commercial encroachment on the west side of Market Street with O&I zoning or Conditional
Use zoning to minimize the amount of non-residential uses.
Chairman Davis asked if the Commissioners had any further questions for the Planning
Director.
Chairman Davis asked if the petitioner would like to comment.
Ms. Cindee Wolf, representing the petitioner Jere Legwin who developed the Mendenhall
Subdivision, reported that Mr. Legwin had successfully used the concept of providing residential and
small commercial businesses on the property. The opposite side of Mendenhall Subdivision is already
zoned for a small office and is flanked by the pet cemetery with a multi-family complex just before
the single family lots established for Mendenhall Subdivision. The petition proposes a Town Square
style development with access to Mendenhall Drive which is a public right-of-way. The permitted
uses will be those designated in the B-1 and O&I Districts. In addition, those uses will be further
limited by the site plan for a Town Square that will not lend itself to larger commercial entities or strip
malls. Small shops and service businesses will be located on the lower levels of the four buildings
with offices on the second levels. The building design is a low country theme with wrap around
porches and landscaping within the street yards, buffer yards, parking area, and building foundations
to enhance the overall aesthetics.
The proposed plan does meet the four general requirements. There are plans to place a traffic
signal at the intersection of Mendenhall and Market Streets in the near future to protect the public
safety. All ordinance requirements have been met with the permitting from the appropriate agencies.
There is a vacant tract behind this site intended for the same type of small multi-family or duplex
development across the street which creates a common theme of a small office development, a few
duplexes and an established single-family neighborhood. The quality of the proposed development
should not negatively impact the value of adjacent properties, and the project is consistent with other
uses along the Market Street corridor and will conform to the Comprehensive Land Use Plan in the
provision of services to developing areas such as Porters Neck and Marsh Oaks.
In closing, Ms. Wolf requested the Board to approve the petition as presented.
Chairman Davis referenced asked why the petitioner has agreed to limit the uses to B-2 and
O&I uses.
Ms. Wolf responded that the tract of land was not large enough to meet the minimum
requirements of a B-1 stand alone District; however, the property is adjacent to an existing B-2
District which would have allowed the petitioner to request B-2 Zoning. The petitioner was not
interested in locating B-2 uses on the tract of land.
Chairman Davis asked if the land could be developed under an O&I District and accomplish
what the developer wants to place on the property.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 574
Ms. Wolf responded that an O&I District would be a possibility; however, the specific uses
have not been established. The petitioner would like an opportunity to establish some small shops
and small service businesses which are not allowed in an O&I District.
Chairman Davis asked Ms. Wolf if the petitioner agreed with the findings and conditions
placed on the rezoning by the Planning Board.
Ms. Wolf agreed with the findings and conditions as presented.
Commissioner Caster expressed concern for the connection of the roads and he requested an
explanation.
Ms. Wolf responded that Mr. Legwin placed a fence on the portion of the road that will be
connected to County Haven and stated that residents in two homes bordering the connection of the
two streets are probably not in favor of the condition.
Commissioner Pritchett asked if the plan met the Special Highway Overlay District 100 foot
building setback.
Ms. Wolf responded that the 100 foot building setback has been met; however, there is a
condition that allows for either the building or parking to be within 25% of the setback. This
condition will be used for the parking area.
Commissioner Pritchett asked if the trees on the site would be saved.
Ms. Wolf referenced the picture shown of the sewer line and stated this easement is 30 feet
behind the property line with strips of trees left along the easement. The proposed plan will allow
the vegetation to remain in place.
Vice-Chairman Greer asked to see a map of the road connecting from Mendenhall Subdivision
to Country Haven Subdivision.
Planning Director Hayes presented a map of the site and noted that the connection is a platted
right-of-way. The fence will be removed and street will be connected to Country Haven Subdivision.
Chairman Davis expressed concern for the residents being impacted by the road connection
not being notified of the road connection.
Ms. Wolf responded that residents living in Mendenhall would not need go through Country
Haven; however, if a traffic signal is installed at the intersection, the residents from County Haven
will use Mendenhall Drive to take advantage of the stop light. This was the reason why Mr. Legwin
did not want to open the road to County Haven.
Mr. Legwin explained that his part of the road was State maintained and the remaining part
was private.
Commissioner Caster asked how many residents lived on Placid Road.
Ms. Wolf responded that only two residents lived on Placid Road in the Mendenhall
Subdivision and approximately nine residents in the Country Haven Subdivision.
Chairman Davis asked if anyone from the public would like to speak in opposition.
After hearing no comments, Chairman Davis closed the Public Hearing.
Commissioner Caster spoke in favor of the project and he expressed concern for the citizens
not being notified about the road connection.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 575
Mr. Legwin informed the Board that residents living in Mendenhall between Placid Drive and
Market Street will not like the road connection because of increased traffic. The residents living in
Country Haven will be in favor of the road connection because it will allow them to use Mendenhall
Drive to access the traffic signal on Market Street.
Chairman Davis asked if the Board would like to continue the Public Hearing to notify the
residents of the road connection.
Planning Director Hayes explained that the road is already in place and Mr. Legwin can open
the road at any time. Residents of County Haven have requested the Planning Staff to open the road,
but the County does not any control over a private road. When the road is fully developed, it will
become a State maintained road.
Motion:
After noting that the road was already in place, Vice-Chairman Greer MOVED to approve
the CD(B-2) Conditional Use Highway Business zoning subject to the conditions recommended by
the Planning Board.
Commissioner Boseman requested Planning Director Hayes to repeat the reason why the
Planning Staff recommended denial of the request.
Planning Director Hayes responded that a review of the zoning map shows that numerous
properties along this stretch of Market Street have been rezoned for commercial uses which will
eventually make this road a commercial corridor to Pender County. The policies for development
in the Comprehensive Land Use Plan encourage cluster development at major intersections and
discourage linear strip development along major highways.
Chairman Davis asked if these policies were in effect when the B-2 zoning was originally
approved for the property.
Planning Director Hayes responded that the property was rezoned B-2 to be used as a
nursery, which is the least intrusive use in a B-2 District.
After commenting on better understanding the opening of the road, Commissioner Caster
SECONDED THE MOTION
to rezone 1.32 acres located at 7965 Market Street from R-15
Residential to CD(B-2) Conditional Use Highway Business subject to the conditions recommended
by the Planning Board, and to grant a Special Use Permit to Jere Legwin for the Conditional Use
Zoning District based upon the findings of fact and evidence presented 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 and
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 4 to 1 as follows:
Ayes: Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Commissioner Boseman
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 5, Page 28.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 12.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 576
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY TERRY TURNER TO
AMEND SECTION 41-1(7)(h) OF THE SUBDIVISION ORDINANCE PERTAINING TO
STUB STREETS (CONTINUED FROM THE MARCH 12, 2001 BOARD MEETING (A-306,
02/01)
Chairman Davis opened the Public Hearing.
Vice-Chairman Greer advised that the proposed text amendment was presented to the Board
on March 12, 2001 and the Commissioners continued this item at the request of the applicant, Terry
Turner, to allow time for Mr. Turner and his attorney to discuss with Staff alternative language
regarding street stub paving. It appears that an agreement has been reached between the Planning
Staff and some developers on the proposed language to be used in text amendment. Vice-Chairman
Greer expressed concern for people moving into an area and purchasing a home without knowing
they lived on a road that could later become a connecting road to an adjacent subdivision. The
proposed text amendment will address this issue by requiring a stub street.
Planning Director Hayes advised that Staff worked with petitioner’s attorney and County
Attorney in preparing an alternative that will require the stub street with such improvements
extending into the stub street no less than the full width of the intersection right-of-way.
Chairman Davis asked if anyone from the public would like to comment.
Mr. William Lynch, the attorney representing the petitioner Terry Turner, explained that the
proposed text amendment will require the stub to be paved up to the property line which means the
dedication will be shown on the plat so anyone buying property and looking at the plat will see the
dedicated public right-of-way.
Hearing no further comments, Chairman Davis closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the
following alternative language:
Amend Section 41(7)(h) 1. Public Streets:
If the streets are public, stub streets shall be constructed in accordance with the minimum
requirements of the N. C. Department of Transportation. Such improvements shall extend
into the stub street no less than the full width of the intersecting right-of-way.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 28.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO NEW
HANOVER COUNTY TO BUILD A FIRE STATION IN AN R-15 RESIDENTIAL ZONING
DISTRICT LOCATED AT 9815 RIVER ROAD NEAR SNOWS CUT (S-417, 10/00)
Chairman Davis 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
Jimmie Johnson
Max Maxwell
Planning Director Dexter Hayes reported that the Planning Board voted unanimously to
approve the request by New Hanover County to build a fire station in the R-15 Residential Zoning
District located at 9815 River Road near Snow’s Cut. The members of the Planning Board were
concerned about the need to preserve as many large oak trees as possible when constructing on the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 577
site. At the October 5, 2000 meeting of the Planning Board, no one spoke in opposition to the
construction of the fire station on the property.
Planning Director Hayes presented slides of the property and the site plan showing the ingress
and egress to the fire station, square footage of the building, tree inventory, parking, setbacks and
buffers. He advised that Staff feels every effort should be made to place the fire station toward the
back center of the property to maintain the natural vegetation to the sides and rear of the site and to
protect a number of large oak trees located near the central front portion of the property. The
driveway permits will have to be approved by the N. C. Department of Transportation, and
landscaping should be in accordance with the proposed Unified Development Ordinance standards.
The following Staff findings were entered into the record by Planning Director Hayes:
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 2.5 acre site is proposed to be served by a private water and sewer company now
known as Fairway Utilities.
B.The facility will have direct access from the River Road Service Road (SR 1576).
C.The use of the property as a fire station is by its very nature intended to preserve the
public health and safety.
D.The site is served by EMS District 5.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The property selected for the fire station is zoned R-15 Residential. The minimum
setbacks and buffer yards shall be met.
B.The Zoning Ordinance establishes no special conditions for the construction of a fire
station.
C.Adequate parking areas are available. The N. C. Department of Transportation will
be required to approve the driveway permits.
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 site is located near several residential developments, mobile homes, an RV Park
and the Seabreeze Community.
B.The presence of a fire station will decrease response time to fire calls in the area.
C.The site is heavily wooded in the back and provides visual protection to adjoining
property.
D.Fire stations are a public necessity.
E.The fire station will be comprised of 12,250 square feet.
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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 578
F.The 1999 Land Classification Plan identifies this area as Limited Transition. This
class provides for development in areas that have some services.
B. Fire station facilities and similar type uses have traditionally been located throughout
a community to promote efficiency in response times, provide comprehensive fire
service, and in turn lower homeowner insurance premiums through the protection of
lives and property.
Planning Director Hayes presented the following conditions recommended by the Planning
Staff:
•Every effort should be made to place the fire station toward the back center of the property
to maintain the natural vegetation to the sides and rear to protect a significant number of large
trees located near the central front portion of the site.
•The N. C. Department of Transportation driveway permit will be required to adjoin State
Road 1576.
•Landscaping should be in accordance with the proposed Unified Development Ordinance
standards.
Chairman Davis asked if the petition was consistent with the Comprehensive Land Use Plan.
Planning Director Hayes stated that the petition was consistent with the Land Use Plan. He
also informed the Board that the building has been shifted to the south side of the lot to preserve
more trees.
Vice-Chairman Greer referenced the need to save the trees and he asked why two driveways
were required instead of one.
Mr. Max Maxwell, Assistant County Project Manager, responded that the front parking lot
could be relocated to help preserve the trees, but one of the purposes of the facility was to provide
a community meeting room for the Seabreeze area. He also noted that two driveways will be needed
to provide egress and ingress for the fire trucks.
Commissioner Pritchett requested an explanation of the construction schedule.
Mr. Maxwell explained that elevations will be received from the architect within ten days.
Once these elevations are received and approved, bids will be submitted within six to eight weeks
with construction beginning shortly after the bid award. Since this is a pre-engineered building, the
construction of the fire station should be completed within six months.
Commissioner Pritchett referenced the importance of moving forward with this project since
the County is currently paying rent on the building occupied by the Federal Point Volunteer Fire
Department. She also noted that the neighbors are very pleased with the location of the fire station.
Chairman Davis asked if any person sworn in by the Clerk to the Board would like to testify.
Mr. Jimmie Johnson, an adjacent property owner, asked whether his property would remain
residentially zoned.
Planning Director Hayes explained that the current zoning on any adjacent properties would
remain unchanged since the Special Use Permit is being granted specifically for construction of a fire
station on the site. The value of adjoining properties should increase because of increased fire
protection to the area.
After hearing no further comments, Chairman Davis closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 579
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special
Use Permit to New Hanover County Fire Services for the construction of the Federal Point Fire
Station on property located at 9815 River Road including the conditions set forth by the Planning
Staff 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 12.
APPROVAL OF CONTRACT #01-0307 TO CONSTRUCT THE COUNTY PARKING DECK
AND LIBRARY RENOVATIONS
Project Engineer Greg Thompson reported that bids were received for a six level parking deck
and Library renovations on May 1, 2001. The bids were less than the amount budgeted representing
a savings of $89,000 on the Parking Deck and $500,000 on renovations to the Library. The
responsive low bid for the multi-prime package was received from Clancy & Theys, Blanton Piping
Company and T& H Electronic with a total bid for Library renovations at $2,048,944 and
construction of the Parking Deck at $7,266,000. These figures include the two alternates for Library
renovations at $119,000 to install a new HVAC unit and Dehumid/Cool System for the Library
Building. Funds have already been budgeted for the project.
Chairman Davis asked if anyone from the public would like to comment.
Ms. Donna Flake, Library Director of Coastal AHEC, spoke on being supportive of the Public
Library and said that renovations are needed to the Children’s Collection section. She requested the
Board to approve the bids for renovations to the Library.
Mr. A. J. McClure spoke on supporting the Library renovations and Parking Deck but stated
as a resident of Kings Grant, he would request the Board to consider the sewer needs in the Kings
Grant area before funding the renovation project. He asked the Commissioners if they should
renovate the Library or meet the needs of citizens who have lived in their homes for a long period of
time. It is difficult to understand how this money can be spent for a renovation project in lieu of
funding the sewer system for the Kings Grant area when each property owner will be required to pay
an assessment of $8,000. This assessment will be difficult for many of the property owners to pay.
Commissioner Pritchett assured Mr. McClure that an assessment of $8,000 had not been
discussed and stated that no figure has been presented to the Water and Sewer District Board. She
said it was unfortunate that this type of misinformation was being spread throughout the community.
Mr. McClure again referenced the need for the funding to be spent on construction of the
Kings Grant sewer system and stated he was not opposed to the Library renovation or constructing
the Parking Deck, but with a funding shortfall, this money should be used to help citizens in desperate
need for sewer. He also requested the Commissioners to be cognizant of urban sprawl, which is
becoming a problem in the entire unincorporated area of the county.
Chairman Davis expressed appreciation to Mr. McClure for his comments.
Chairman Davis requested the Board to vote separately on each project and he called for a
motion to award the bids for the Parking Deck.
Deputy County Manager Atkinson requested the Board to make both motions contingent
upon receipt of MBE information and authorize Assistant County Manager Patricia Melvin to review
this information before execution of the contract documents.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 580
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to award Bid #01-
0307 and Contract #01-0307 to Clancy & Theys, Southern Piping Company, Blanton & Company,
and T&H Electrical Company in the amount of $7,266,000 for construction of the parking deck
contingent upon meeting all MBE requirements as authorized by Assistant County Manager Patricia
Melvin before execution of the contract documents by Chairman Davis. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to award the Bid
#01-0307 and Contract #01-0307 to Clancy & Theys, Southern Piping Company, Blanton &
Company, and T&H Electrical Company in the amount of $2,048,944 for the renovations of the New
Hanover County Library contingent upon meeting all MBE requirements as authorized by Assistant
County Manager Patricia Melvin before execution of the contract documents by Chairman Davis.
Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Boseman
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Caster
Copies of the contract are on file in the Legal Department.
APPROVAL OF REQUEST FROM THE NEW HANOVER COUNTY AIRPORT
AUTHORITY TO CONDEMN 24.66 ACRES OF PROPERTY CONSISTING OF NINE
PARCELS, LOCATED ON THE EAST SIDE OF THE CSX RAILROAD AND BLUE CLAY
ROAD OPPOSITE PILGRIM CIRCLE
County Attorney Copley reported that the New Hanover County Airport Authority was
requesting the Board of County Commissioners to condemn 24.66 acres of property located on the
east side of the CSX Railroad and Blue Clay Road opposite Pilgrim Circle because the land is needed
as part of the Comprehensive Plan for the Airport. The owners of the property have agreed in a
binding mediation to the condemnation but the price per acre is in dispute. All costs associated with
the condemnation are to be borne by the Airport Authority.
Chairman Davis explained that North Carolina State Statutes do not allow the Airport
Authority power to condemn property; therefore, the Board of County Commissioners will be
condemning the property on behalf of the Airport Authority.
Commissioner Boseman referenced the costs associated with the condemnation and wanted
to be assured that New Hanover County taxpayers would not be responsible for paying the associated
costs.
County Attorney Copley responded that all costs would be paid by the Airport Authority
through the Passenger Facility Fee.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to proceed with
the condemnation procedure of 24.66 acres of property located on the east side of the CSX Railroad
and Blue Clay Road opposite Pilgrim Circle on behalf of the New Hanover County Airport Authority
subject to the Airport Authority paying all costs associated with the condemnation procedure. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow anyone from the public to
present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit
their remarks to three minutes.
No items were received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 581
ADDITIONAL ITEMS
Discussion of Tax Appeal for Ellisworth Sloan, LLC d/b/a Waterfronte Villas and Yacht Club
Boatslips
Tax Administrator Robert C. Glasgow reported that the appeal presented by Ellsworth
Sloane, d/b/a Waterfronte Villas and Yacht Club Boatslips, was determined to be a late appeal;
however, after contacting the N.C. Department of Revenue, there is an avenue for the Board of
County Commissioners to hear the appeal after the Board of Equalization and Review has adjourned.
The value can be adjusted by the Tax Assessor deeming it necessary because of existing facts as of
January 1, 2001, but not known to the Tax Assessor prior to the adjournment of the Board of
Equalization and Review. The Tax Assessor would then schedule a meeting with the Board of
County Commissioners for review of the tax appeal.
Tax Administrator Glasgow advised that since the last meeting of the Board of Equalization
is scheduled for June 18, 2001, to complete the scheduled items, the Board of County Commissioners
can schedule a meeting any time after that date.
Commissioner Pritchett asked if this appeal was heard last year.
Mr. J. C. Hearne, II, the attorney representing Ellsworth Sloane, LLC, emphasized the
importance of the Commissioners understanding that the tax appeal being requested is not a value
appeal, but an appeal on the taxation of the boatslips. A tax appeal was heard by the Board of
County Commissioners last year regarding valuation, but this appeal pertains to the manner in which
the boatslips are being taxed, either individually or tied to the land. When discussing this matter with
Assistant County Attorney Holt Moore, there was a question as to whether the tax appeal should be
heard by the Board of County Commissioners or the Board of Equalization and Review.
Chairman Davis asked if the Board was amenable to hearing the tax appeal on another date
after the Board of Equalization and Review has adjourned.
Motion:
Commissioner Caster MOVED, SECONDED Vice-Chairman Greer, to hear the Ellsworth
Sloane, LLC d/b/a Waterfronte Villas and Yacht Club Boatslips tax appeal on another date after
adjournment of the Board of Equalization and Review on June 18, 2001. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Invitation to Attend a Reception for Lyndo Tippett, Secretary for the N. C. Department of
Transportation
Chairman Davis announced that the Chamber of Commerce has invited the Commissioners
to attend a reception in honor of Lyndo Tippett, Secretary of the N. C. Board of Transportation, on
Thursday, May 24, 2001 at 5:00 P.M., in the Chamber of Commerce Building.
Reminder of Work Session with the New Hanover County Airport Authority
Chairman Davis reminded the Board that the May 17, 2001 Staff Meeting will be held in the
Airport Conference Room at 4:00 P.M. followed by a joint Work Session with the Airport Authority
at 5:00 P.M.
Discussion of Establishing a Tax Rate for Preparation of the FY 2001-2002 Budget
Chairman Davis noted at the last Budget Work Session, there was discussion about the Board
providing a tax rate figure to Staff for preparation of the FY 2001-2002 Budget. He requested
direction from the Board.
County Manager O’Neal spoke on time constraints regarding preparation of the FY 2001-
2002 Budget and stated that he understood the differences in philosophies and opinions among the
Commissioners regarding the tax rate. In an effort to move forward with the process, County
Manager O’Neal offered to prepare a recommended budget with a recommended tax rate for the
Board to consider on May 21, 2001. He presented the following budget calendar and noted that
Budget Work Sessions could be scheduled as needed between May 21, 2001 and June 4, 2001:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 582
May 21, 2001Presentation of FY 2001-2001 Recommended Budget by County
Manager
June 4, 2001 Public Hearing on the Budget
June 18, 2001 Adoption of FY 2001-2002 Budget
Chairman Davis asked if any members of the Board would like to comment on the
recommended budget schedule.
The following questions were asked:
1. Commissioner Boseman asked if all County Departments were cut by an additional 3% to 5%,
what would be the impact on services provided to the community.
County Manager O’Neal responded that all County Departments have already been cut and
it would not be possible to further cut departments with only one or two employees or the
Elections Department that is statutorily charged with complying to election laws. Additional
cuts in departments could affect the quality of services being provided to the community.
2. Commissioner Boseman referenced discussion by the Board about not using the Fund Balance
to prepare the budget and she asked if any of the Fund Balance would be used.
County Manager O’Neal responded that the Board has requested Staff not to substantially
reduce the Fund Balance in preparing the budget and stated that he would not present a
budget that would harm the County’s financial status.
Commissioner Davis recalled that under the 1.8 cent tax increase option, discussion was held
on using $3.4 million of the Fund Balance, and the Board agreed not to reduce the Fund
Balance by more than $3 million.
Vice-Chairman Greer objected to using any of the Fund Balance in preparing the FY 2001-
2002 Budget.
County Manager O’Neal commented on discussion with the Budget Director and stated there
could be some nuances in the scenario that are different from what has been discussed at this
point. He assured the Board that he would prepare a recommended budget that will maintain
the financial integrity of New Hanover County.
3. Commissioner Boseman asked why the capital budget for the Sheriff was increasing over
$438,174 and operations increasing by $42,000.
County Manager responded that the increase was probably due to purchasing cars.
Budget Director Cam Griffin advised that she would be glad to provide a list of the Sheriff’s
capital outlay to the Board of County Commissioners.
4. Commissioner Boseman referenced the $52,000 removed from the Jail Medical Supply
account to purchase cars and asked why this was not adequate funding.
County Manager O’Neal responded that a program had been instituted to purchase cars on
a rotating basis, which has proven to be cost-effective.
5. Commissioner Boseman asked if the ½ cent portion of the undesignated sales tax would be
eliminated from the Water and Sewer Budget.
County Manager O’Neal responded that a different proposal may be presented to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 583
6. Commissioner Boseman asked if the County intends to work toward the Water and Sewer
District becoming self-supporting so the ½ cent sales tax can be used for other infrastructure
needs.
County Manager O’Neal responded that Staff plans to work toward the Water and Sewer
District becoming more self-sufficient by increasing fees.
7. Commissioner Boseman referenced the fact that the Museum is closed on Monday to the
public with Staff working that day and she asked how much money could be saved if the
Museum is closed to the public and staff, and the Library is opened an hour later in the
morning.
County Manager O’Neal responded that any items can be reviewed. Staff has already moved
with overtime matters and it might be a good idea to completely close the Museum on
Monday with no Staff in the building. He advised that he was trying to prepare a
recommended budget with a tax rate that would maintain the financial position of the County
with minimal interruptions in services provided to the public.
8. Commissioner Boseman asked if any thought had been given to using more part-time
employees instead of full-time employees to decrease salaries and benefits, which could be
accomplished through attrition.
County Manager O’Neal responded that a plan will be mentioned in the budget presentation
about reviewing attrition and retirement as well as a variety of other items. There will be no
retirement packages, and a number of positions have been frozen through attrition.
9. Commissioner Boseman asked if any money was available from Urban Forestry or any type
of federal or state organizations that could alleviate the burden of Airlie Gardens on the
taxpayers and still preserve the gardens.
County Manager O’Neal responded that Staff will investigate more grant opportunities, but
the Airlie package is already involved with grants for water quality and preservation through
the N. C. Coastal Land Trust. A great deal of funding has been received to protect this
environmentally sensitive area.
10. Commissioner Boseman asked if the County was going to work toward eliminating the $3
million transfer to Environmental Management Department next year.
County Manager O’Neal responded that Staff would work toward eliminating the $3 million
as directed by the Board; however, there is a community advisory group working on this issue.
Commissioner Caster advised that the Board directed the Citizens Solid Waste Advisory
Board and Staff to have a solid waste management system and funding recommendation in place for
public comment by January 1, 2002.
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of Appeal Notification Letters to Property Owners
Commissioner Caster referenced a call from a business owner who had written the Tax
Department about property purchased on Market Street, and he received a letter from the Tax Office
requesting him to wait until after January 1, 2001, to appeal the value. The property owner waited
and filed a tax appeal on April 18, 2001 which was two days after the April 16, 2001 deadline. It
would have been so simple if the letter from the Tax Office had said , “if you feel this review is not
accurate, you are entitled to appeal the 2001 value by writing a letter to the Tax Administrator after
January 1, 2001, but no later than April 16, 2001.”
Commissioner Caster expressed concern for a small business owner not receiving a letter
clearly explaining the deadline for receiving a tax appeal in the Tax Office. He advised he had e-
mailed the letter to the Tax Administrator and he would prefer to hear from Mr. Glasgow before
drawing any conclusions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 7, 2001 PAGE 584
Chairman Davis agreed with Commissioner Caster and suggested changing the wording in the
letter.
Deputy County Manager Atkinson noted that when the letter was written by the Tax Office,
the meeting date for the 2001 Board of Equalization and Review had probably not been scheduled.
After further discussion, Staff was directed to check with the Tax Administrator about
changing the wording in the letter to clearly explain the appeal process to the taxpayer so appeals
can be received by the deadline.
Reception for the New Museum Director
County Manager O’Neal reminded the Board that a reception would be held to welcome the
new Museum Director Ruth Haas on Tuesday, May 8, 2001, at 4:00 P.M. in the Williston Auditorium
at the Cape Fear Museum.
Approval of Funding Request from the Chamber of Commerce to Hold a Reception for the
Secretary of the N. C. Department of Transportation Lyndo Tippett
County Manager O’Neal noted that the idea of holding a reception for the Secretary of
Transportation Lyndo Tippett evolved as a result of a regional meeting of the Cape Fear Regional
Growth Team sponsored by the Council of Governments. Each county, Brunswick, Columbus, New
Hanover, Pender, and the City of Wilmington will be requested to contribute an amount not to exceed
$250 for the reception.
Vice-Chairman Greer stated that he felt each county should pay its share.
Consensus:
After discussion of this being a regional effort, it was the consensus of the Board to
approve $250 for the reception.
Appreciation Expressed to Mark Boyer, Rose Bryant, and Mark Francolini for Organizing
“Town Hall Day at the Mall”
County Manager O’Neal expressed appreciation to Public Information Officer Mark Boyer,
Administrative Assistant III Rose Bryant, and Personnel Analyst I Mark Francolini for the excellent
job performed in organizing and carrying out the County’s participation in Town Hall at the Mall
Day.
After discussion of the excellent job performed by Ms. Helen Lewis, Manager of Westfield
Shoppingtown Independence, the Chairman was requested to write a letter of appreciation to Ms.
Lewis thanking her for allowing New Hanover County to participate in the Town Hall at the Mall
Day.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 9:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board