2001-07-09 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 669
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, July
9, 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
County Manager O’Neal gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
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 to be recused from voting on Consent Agenda Item 13. He
also requested removal of Consent Agenda Items 3 and 18 for further discussion.
Commissioner Boseman requested removal of Consent Agenda Item 8 for further discussion.
Vice-Chairman Greer requested removal of Consent Agenda Items 4, 5, and 19 for further
discussion.
After hearing no comments, Chairman Davis called for a motion to approve the Consent
Agenda.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to remove Items
3, 4, 5, 8, 18, and 19 from the Consent Agenda for further discussion, recuse Commissioner Caster
from voting on Item 13, and approve the remaining items on the Consent Agenda as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved minutes of the following meetings as presented by the Clerk
to the Board:
Regular MeetingJune 4, 2001
Regular MeetingJune 18, 2001
Joint City/County MeetingJune 19, 2001
Closed SessionMay 21, 2001
Authorization for the Sheriff’s Department to File a Grant Application with the Governor’s
Crime Commission
The Commissioners authorized the Domestic Violence Unit of the Sheriff’s Department to
file a grant application in the amount of $7,634 to be used for training in domestic violence issues and
to purchase two laptop computers.
No County funding is required, and the County Manager was authorized to accept the grant
if awarded to the Sheriff’s Department.
Acceptance of Retired Senior Volunteer Program (RSVP) Grant for FY 2001-2002 and
Approval of Associated Budget Amendment #02-0001
The Commissioners accepted the RSVP grant for FY 2001-2002 in the amount of $54,808
to support funding for 600 volunteers working in New Hanover County. This is the second year of
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 670
a 3-year cycle; therefore, $52,448 has already been budgeted as revenue for FY 2001-2002. The
associated budget amendment represents a difference in the grant award of $2,360.
Budget Amendment #02-0001-Aging
ADJUSTMENTDEBITCREDIT
RSVP Grant$2,360
Volunteer Auto Expense$2,360
Explanation:
To increase the budget to actual amount of the grant award for FY 2001-2002.
Approval Fee Changes for the New Hanover County Health Department
The Commissioners approved Health Department Personal Health fee changes, new Medicaid
rates for medical nutrition therapy, and new Federal Poverty Guidelines for sliding fee scales in the
Health Department.
Adoption of Resolution to Add Roads in Marsh Oaks Subdivision to the State Highway System
The Commissioners adopted a resolution to add roads in the Marsh Oaks Subdivision to the
N.C. Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book, XXVII Page 3.
Acceptance of Tax Collection Reports Through June 30, 2001
The Commissioners accepted the following Tax Collection Reports through June 30, 2001,
as submitted by the Collector of the Revenue.
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXVII, Page 3.
Approval of Correction in Tax Value on Parcel R05517-001-000 for the Oleander Company
The Commissioners approved a correction in the tax value of Parcel R05517-001-001-000
owned by the Oleander Company. After the Board of Equalization and Review met and adjourned
on Monday, June 18, 2001, it was discovered that the property value for the Oleander Company was
incorrectly identified to the Board and to the property owner. The land value for the parcel had a
50% reduction which was to have been removed to reflect the market value, and this 50% factor was
not identified until after the appeal had been presented. Ms. Carolyn Smith, representative for the
Oleander Company, has agreed to a value change from $6,766,970 to $8,069,196 for the land and
buildings for tax year 2001.
Approval of Correction in Tax Value for Parcel R02919-003-039-000 for Leah Rose Williams
The Commissioners approved a correction in the tax value of Parcel R02919-003-039-000
owned by Leah Rose Williams. After the Board of Equalization and Review met and adjourned on
Monday, June 18, 2001, it was discovered that the value of this parcel did not reflect the changes in
grade, condition and physical condition of the land. The changes reduced the property value from
$264,861 to $232,412. This change is being presented to the Board pursuant to N.C.G.S. 105-325.
Correction in the Tax Value for Parcel R04817-032-002-000 for Cooperative Bank for Savings
The Commissioners approved a correction in the tax value of Parcel R04817-032-002-000
owned by Cooperative Bank for Savings. A clerical error was identified after the Board of
Equalization and Review met and adjourned on June 18, 2001, where the assessed value was
$822,784, and the value agreed upon was $572,013. This change is presented to the Board pursuant
to N.C.G.S. 105-325.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 671
Authorization for the Sheriff’s Department to File a Local Law Enforcement Block Grant
(LLEBG) Application
The Commissioners authorized the Sheriff’s Department to file a local Law Enforcement
Block Grant application in the amount of $130,593 for FY 2001. The County is eligible to receive
$72,955 and the City is eligible to receive approximately $188,232. Because of the disparity rules,
Chief Cease is recommending combining the funds and splitting the full amount between the City and
County making the two entities receive approximately $130,593 each. The grant requires a 10%
match which the Sheriff will provide through Federal Forfeited Property revenues. The funds will
be used for various law enforcement equipment.
Approval of Budget Amendment #2001-57
The Commissioners approved the following budget amendment:
Budget Amendment # 2001-57-Schools Capital Improvements
ADJUSTMENTDEBITCREDIT
Interest $3,692,202
Transfer to Public Schools Fund$3,692,202
Explanation:
For accounting purposes only; to close fund 330-Schools Capital Improvements -1994
Bonds.
Appointment of Vice-Chairman Robert G. Greer as the Voting Delegate to theAnnual
Conference of the North Carolina Association of County Commissioners (NCACC)
The Commissioners appointed Vice-Chairman Robert G. Greer as the voting delegate at the
August 9-12, 2001 NCACC Annual Conference in Cumberland County.
Release of Values - Tax Department
The Commissioners approved delinquent applications for exemption from the property tax
for the following organizations:
Cape Fear Utilities, Inc.R07107-013-005-000
R01110-001-004-000
R01100-005-031-000
R04413-002-004-000
R04413-002-005-000
R05000-006-052-000
R05612-004-004-000
R05612-004-005-000
R06217-001-001-000
R06615-006-004-000
R06616-008-053-000
R06705-001-015-000
R07119-014-015-000
R07507-002-008-000
R07600-006-054-001
R08200-001-129-000
R08217-003-001-000
Child Development Center, Inc.R04913-009-017-000
Quality Water Supplies, Inc.R05015-001-004-000
R05015-012-014-000
R05618-006-016-000
R07016-002-010-000
R04415-006-005-000
R05007-007-002-000
R06215-001-012-000
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 672
R07112-002-008-000
R07112-011-002-000
R07112-011-003-000
R07900-003-035-001
Wesley Memorial UnitedR06107-002-003-000
Methodist Church
Winter Park Baptist ChurchR05519-013-003-000
Discussion and Approval of Consent Agenda Item 3, Establishment of a New Hanover Public
Safety Communications Center Policy Board and Approval of Agreement and By-Laws
Commissioner Caster requested an explanation of why no representatives from the beach
communities were appointed to serve on the Public Safety Communications Center Policy Board.
Deputy County Manager Atkinson advised that agreements have been executed with the
beach communities for use of the 911 Center; however, no participation has been shown by the beach
communities when inviting them to attend meetings.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to establish a
New Hanover County Communications Center Policy Board, approve the Bylaws for the Board, and
enter into an agreement with the City of Wilmington and New Hanover Health Network for the
purpose of administering and providing a consolidated communications service for the entire
geographic area. Upon vote, the MOTION CARRIED UNANIMOUSLY.
The Communications Center Policy Board will be comprised of one appointee from each of
the following departments:
County Manager’s Office
New Hanover County Sheriff’s Department
New Hanover County Fire Services
City Manager’s Office
Wilmington Police Department
Wilmington Fire Department
New Hanover Regional Emergency Medical Services
Copies of the Bylaws and Agreement are on file in the Governing Body Office.
Discussion and Approval of Consent Agenda Item 4 - Authorization for the Health Department
to File a Grant Application With the Diabetes Prevention and Control Unit of the North
Carolina Department of Health and Human Services
Vice-Chairman Greer expressed concern for the grant application being submitted to the
Board of County Commissioners before being approved by the Health Department.
Ms. Lynda Smith, Assistant Director of the Health Department, explained that the Executive
Committee voted to forward the grant application to the Board of Commissioners because of the mid-
July deadline for filing the grant . The application will be presented to the Board of Health for
approval at the July 11, 2001, meeting.
Motion:
After further discussion, Commissioner Caster MOVED, SECONDED by Vice-Chairman
Greer, to authorize the Health Department to file a grant application in the amount of $10,000 with
the Diabetes Prevention and Control Unit of the N. C. Department of Health and Human Services
to implement the “Diabetes Today” Program in New Hanover County subject to approval by the
Board of Health. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Approval of Consent Agenda Item 5 - Authorization for the Health Department to File a Grant
Application with the Cape Fear Memorial Foundation
Motion:
After discussion of the grant application being presented to the Board of County
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 673
Commissioners before being approved by the Board of Health, Commissioner Caster MOVED,
SECONDED by Vice-Chairman Greer, to authorize the Health Department to file a grant application
in the amount of $75,000 with the Cape Fear Memorial Foundation to implement the Lose Weight
Wilmington Program subject to approval by the Board of Health. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Removal of Consent Agenda Item 8 - Conveyance of New Hanover County’s Share of a 78-
Acre Parcel Located in Pender County to Cape Fear Community College (CFCC)
Commissioner Boseman expressed concern for giving away a County asset and stated this
property could be sold at a later date to provide additional revenue to the County.
Vice-Chairman Greer agreed with Commissioner Boseman and reminded the Board that any
building constructed on the site would require County funds for maintenance of the structure as well
as other responsibilities required by State Statutes. During a budget crunch, this would be an
additional expense; therefore, he would suggest contacting Pender County about the possibility of
selling the property if the CFCC does not have a definite plan for the site.
After commenting on the property being used by CFCC to develop an emergency services
training facility, County Manager O’Neal suggested leasing the property to the College for a fee of
$1.00 per year.
County Attorney Copley advised that a long-term lease for $1.00 per year or a license could
be granted to CFCC for use of the property with the ownership retained by New Hanover County.
Consensus:
After further discussion, it was the consensus of the Board to remove this item from the
Consent Agenda. County Manager O’Neal was directed to check with Cape Fear Community
College about the proposed use of the site, contact Pender County about selling or leasing the
property or any other available options. The County Manager was requested to report back to the
Board on August 6, 2001.
Removal of Consent Agenda Item 18 - Consideration of Amending the Lease Agreement with
the U. S. Army Corps of Engineers to Lease Additional Property for Snows Cut Park
Commissioner Caster referenced the 220 acres mentioned in agenda material and he requested
an explanation of the amount of additional land being leased from the Corps of Engineers.
Parks Director Neal Lewis noted that the 220 acres in the agenda material should have been
22 acres and stated that the amended lease will be for 37.47 total acres of land for a period of 25
years. He presented a map of the area and advised that the additional acreage will allow the County
to expand recreational activities at Snows Cut Park as well as provide space to relocate existing
facilities should the erosion problem threaten these facilities. The Town of Carolina Beach was
offered the property, but no interest was shown by the town officials.
In discussion of why the Town of Carolina Beach was not interested in the property, Mr.
Ray Rothrock, Mayor of Carolina Beach, informed the Board that no discussion had been held
between Carolina Beach officials and the Corps of Engineers about use of the property. Plans were
shown to the Town Council some time ago for development of the area into a walking and hiking
park. He requested time for the Carolina Beach Town Council to meet with the Corps of Engineers
to discuss the use of the property.
Consensus:
It was the consensus of the Board to remove Consent Agenda Item 18 to allow time for
the Carolina Beach Town Council to discuss this issue with the Corps of Engineers.
Discussion and Acceptance of Community Development Block Grant (CDBG) for the
Scattered Site Housing Program, Approval of Capital Project Ordinance, and Approval of
Associated Budget Amendment #2002-01 - Planning Department
Vice-Chairman Greer asked what the County match would be to receive CDBG funding in
the amount of $400,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 674
Planning Director Hayes explained that this particular grant was part of the Small Cities
Community Development Block Grant Program that historically requires cities and counties to
compete for funding. This year the N. C. Department of Commerce divided the Division of
Community Assistance Community Development Block Grant Program into three groups throughout
the State. New Hanover County was one of the first groups to receive a funding allocation with no
required match.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to accept the
$400,000 Community Development Block Grant for the Scattered Site Housing Program and to
approve the Capital Project Ordinance and associated budget amendment. The Chairman was
authorized to execute the necessary documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Budget Amendment #2002-01-Planning
ADJUSTMENTDEBITCREDIT
CDBG Scattered Site Housing Grant$400,000
Capital Project Expense$400,000
Explanation:
To establish the project budget according to the Capital Project Ordinance.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXVII, Page 3.
CONSIDERATION OF PROPOSAL TO PERFORM A NATURAL AREA INVENTORY
Camilla Herlevich, Executive Director for the North Carolina Coastal Land Trust, requested
the Board to consider conducting a Natural Area Inventory through the N.C. Natural Heritage
Program. The major advantages of an inventory will be to provide a nationally accepted classification
and documentation of important natural areas in New Hanover County and to assist the County with
being eligible for land acquisition grants from state and national sources.
The Natural Area Inventory is recognized by agencies that have money allocated to protect
natural areas. It is the primary criteria used by the N. C. Natural Heritage Trust Fund in evaluating its
projects with approximately $12 million allocated annually for this purpose. The N. C. Clean Water
Management Trust Fund also uses the inventory to evaluate projects with funding ranging from $30
to $40 million per year. Federal grants that require State matches have been funded through the N.
C. Natural Heritage Trust Fund which allows the State to receive larger grants. Two federal programs
that preserve natural areas throughout the country are the North American Wetlands Conservation
Program with $40 million allocated in 2001 for projects and the U. S. Coastal Wetlands Program with
$90 million allocated for projects since 1990. Pender County received a $780,000 grant from the U.
S. Coastal Wetlands Program with a $300,000 match from the N. C. Natural Heritage Trust Fund to
preserve and protect Lea Island. Approximately three years ago, the N. C. Coastal Land Trust
received donated conservation easements that qualified for federal and state tax contributions for over
3,000 acres at the mouth of Town Creek in Brunswick County. This led to receipt of over $1.7
million in grants from the Clean Water Management Trust Fund, over $4 million from the U. S. Forest
Legacy Program, and a $250,000 grant from the USDA Farmland Program. Next year, President
Bush has proposed $900 million for the Land and Water Conservation Fund which will come from off-
shore oil drilling revenues.
In closing, Ms. Herlevich offered to answer questions and she encouraged the Board to
conduct a Natural Area Inventory.
Chairman Davis asked if the inventory would assist the County with preserving greenspace that
will not be developed.
Ms. Herlevich responded that the purpose of the inventory is to identify significant natural
areas that should not be developed. This is the land that should be preserved for greenspace.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 675
Discussion followed on the County’s budget constraints, and County Manager O’Neal
explained that the $20,000 needed to conduct the inventory would come from funds that were not
spent in the Planning Department during the last fiscal year.
Vice-Chairman Greer referenced the map showing the number of counties that have conducted
an inventory and asked if these counties paid for the cost of the inventory.
Ms. Herlevich explained that in areas with ecological diversity, such as Brunswick County,
the N. C. Natural Heritage Trust Fund Program paid a portion of the fee, but in metropolitan areas,
counties have paid the entire cost of the inventory.
Vice-Chairman Greer spoke in favor of performing the inventory but stated that since County
funds are scarce, he could not vote for the County to pay $20,000 to conduct an inventory. He
referenced the millions of dollars available for these types of projects and stated that the County should
be able to obtain grant funds to conduct the inventory.
After hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve
conducting a Natural Area Inventory at a cost not to exceed $20,000, direct Staff to pursue grants
to pay for the inventory, and upon completion of the inventory, actively pursue grant money to
purchase property identified by the study as well as seek private donations of land from individual
property owners so the remaining natural areas can be protected and preserved in New Hanover
County. Upon vote, the MOTION CARRIED 4 to1. Vice-Chairman Greer voted in opposition.
APPROVAL OF CONTRACT WITH WILLIAM TAYLOR AND ALLYSON HIGH AS
TEMPORARY EMPLOYEES TO PROVIDE CONSTRUCTION MANAGEMENT
SERVICES FOR THE NEW JAIL AND APPROVAL OF A CONTRACT WITH KEN
WEEDEN & ASSOCIATES TO COMPLETE THE MBE/WBE MONITORING AND
CONTRACT COMPLIANCE SERVICES
County Manager O’Neal reported that since a single-prime bid was awarded to J. M.
Thompson Company for construction of the jail, there is a need to shift from project expediter services
to construction management services. The County submitted proposals for those services and nine
(9) companies and two (2) individuals responded. The corporate proposals ranged from a low of
$150,000 to $514,920. After a review by Staff, it was felt that William Taylor and Allyson High
would provide the assistance necessary to oversee the jail project. In addition, the County needs to
enter into a contract with Ken Weeden & Associates to complete the MBE/WBE monitoring and
contract compliance services that were begun by Miller Building Corporation.
Chairman Davis explained that when discussion began on hiring two individuals to monitor the
work under a single-prime contract, the projected cost was between $150,000 to $200,000. The
proposal being presented today is to hire two temporary individuals at a cost of $163,650 for 19
months and enter into a contract with Ken Weeden & Associates at a cost of $51,388 for 19 months
for a total cost of $215,038. He stressed the importance of everyone understanding that if the services
of a project expediter had been used for 19 months, the cost would have been almost $1,800,000
versus the $215,038.
Discussion followed on what would happen if the jail was not completed in 19 months. Project
Engineer Greg Thompson explained that both contracts were written to be paid on an hourly rate, and
if the time frame was not met, the agreement could be extended.
Vice-Chairman Greer suggested placing a 19-month cap on the contracts.
Chairman Davis asked if a cap is placed on the contracts and the work is completed ahead of
time, would the County be able to terminate the contracts.
Project Engineer Thompson responded that sufficient notice would have to be provided to
allow the individuals time to seek other alternatives; however, the project should be completed and
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 676
occupied with the contractor completing the punch list within 19 months. A transition phase will occur
and Carter Goble has a team in place to assist with that transition.
County Manager O’Neal assured the Commissioners that if the contracts are extended beyond
19 months, this item will be presented to the Board for approval.
Commissioner Boseman asked who would be responsible to insure that all necessary permits
are obtained.
Project Engineer Thompson responded that all environmental permits have been obtained.
Once J. M. Thompson Company begins work, it will be the responsibility of this company to obtain
the necessary construction permits.
There being no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve a
contract with William Taylor and Allyson High to provide construction management services at a
maximum cost of $163,650 for 19 months and to enter into a contract with Ken Weeden & Associates
at a maximum cost of $51,388 for 19 months to complete the MBE/WBE monitoring and contract
compliance services. The Chairman was authorized to execute the necessary contract documents.
Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Boseman voted
in opposition.
Copies of the contracts are on file in the Legal Department.
APPEAL OF TAX EXEMPTION FOR YEAR 2000 SUBMITTED BY THE WARDENS AND
VESTRY, ST. JAMES PARISH, PID-R04817-035-002-000
Vice-Chairman Greer expressed concern for using the word “denial” in the heading on the
agenda when the property owner is appealing a recommendation made by the Tax Administrator.
County Manager O’Neal advised that he would change the agenda wording for future tax
appeals.
Tax Administrator Robert C. Glasgow reported that the appellant was appealing the denial
of the tax exemption for the Wardens and Vestry of St. James Parish, PID RO4817-035-002-000,
which is property that was acquired from the City of Wilmington on February 4, 2000. The property
is located at Fourth and Docks Streets and was formerly the Wilmington Fire Station Headquarters.
St. James Parish contracted with the City to purchase the property on May 10, 1998, but because of
construction delays in the new Fire Station Headquarters on Market Street, the deed was not recorded
until February 4, 2000.
Chairman Davis asked if this meant that the City of Wilmington owned the property on January
1, 2000.
Tax Administrator Glasgow responded that the City did own the property on January 1, 2000,
which was tax exempt because of ownership by a governmental unit.
Continuing with the presentation, Tax Administrator Glasgow reported that the purchase price
for the property on May 10, 1998, was $305,000. The City agreed to reduce the purchase price by
$1,143.75 for each month that the Parish did not have use of the property.
The application for the year 2000 tax exemption was received on September 14, 2000, and this
request was denied on September 15, 2000 by the Tax Administrator since the property was not
owned by the Parish on January 1, 2000, and the property was not able to be used wholly and
exclusively for religious purposes due to on-going demolition and construction which will not be
completed until November or December 2001. The January 1, 2000 tax value of the property is
$438,503.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 677
Tax Administrator Glasgow advised that Mr. Frank B. Gibson Jr., the attorney representing
St. James Parish, and Mr. Frederick Willetts, spokesman for the Parish, were present and would like
to argue the tax appeal.
Mr. Frank Gibson spoke on the growth in membership of St. James Church located on the
rd
corner of 3 and Market Streets and stated that additional space was needed to accommodate the
th
needs of the Church. When the opportunity became available to purchase the property at 4 and
Docks Streets, formerly the headquarters for the Wilmington Fire Department, the Church negotiated
with the City to acquire the property. The purchase price was based on the City’s appraisal by John
Hutton at $305,000 as a fair market value. The Church agreed to pay this price, but the final purchase
price was $282,125 because of the construction delay in the new fire building. A previous agreement
had been reached with the City to reduce the original purchase price by $1,143.75 per month for the
delay in closing. With the property being used by the City and depreciating, the Church feels the final
value of the property is $282,125.
The Church applied for the tax exemption based upon the use of the property for religious
purposes. The closing for the property was February 4, 2000 and all uses of the property from that
date forward have been for religious purposes. The property has been used for parking and other
church related purposes. The existing building was used only for religious purposes until construction
began; therefore, the use does meet the requirements outlined in the General Statutes. The Tax
Administrator has concluded that the property was not wholly and substantially used for religious
purposes. Since the property was exempt on January 1, 2000 because it was owned by the City and
purchased by St. James Parish on February 4, 2000, the property should remain tax exempt for the tax
year 2000. It is felt that the Tax Administrator has wrongfully interpreted the meaning of N.C.G.S.
105.278.3.
Attorney Gibson also argued that the tax value of $438,503 exceeds the purchase price of
$282,125. If the exemption is not approved, the Parish is requesting the tax value to be reduced to
the sale price.
In closing, Mr. Gibson requested the Board to allow the tax exemption for the year 2000.
Discussion followed on the need to understand the two dates involved, January 1 and July 1.
Tax Administrator Glasgow explained that tax values are established as of January 1 and do not go
into effect until July 1because the budget has to be adopted by June 30 with a tax rate established that
becomes effective July 1. In this case, the Church closed on the purchase of the property on February
4, 2000 and began asbestos removal from that date until the end of March. At the same time, the City
of Wilmington was completing the removal of underground storage tanks. In mid-April through mid-
July, the Church demolished the old fire building. Construction began on a new building in September
2000 after Labor Day and is expected to be completed by November or December 2001. On
September 14, 2000 an application for exemption was submitted, and the request was denied on
September 15, 2000.
Chairman Davis asked Tax Administrator Glasgow if the Church used the property for
religious purposes after July 1, 2000.
Tax Administrator Glasgow responded that the Church has inferred the property was used for
parking; however, with current construction, the parking would be very limited. In the past, when
construction is occurring on church property, the exemption has been denied. The Baptist Church
located on Princess Place Drive was under construction and the exemption was denied until the church
was in use. If this exemption is granted, it will be setting a precedent.
Vice-Chairman Greer stated that St. James Parish acquired the property to be used for religious
activities; therefore, they should not be penalized for having to rebuild the structure.
Tax Administrator Glasgow responded that the N. C. General Assembly is in the process of
discussing the construction on exempt properties and the potential to allow an exemption for vacant
land owned by a religious organization; however, this change has not occurred.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 678
Vice-Chairman Greer stated that he felt this property should remain tax exempt.
Chairman Davis expressed concern for the Board not being consistent with denial of tax
exemptions for other churches in similar situations.
Mr. Gibson commented on the issue of setting a precedent by allowing the exemption to St.
James Parish and stated the difference is that the property purchased was already exempt because it
was owned by the City. In the case of the Princess Place Baptist Church, it was owned by a private
person. If you allow the exemption, you are being consistent with the way the State Statute should
be interpreted. Services were held in the old fire station before construction began. The only use of
the property has been for church related activities, including parking.
Motion:
Vice-Chairman Greer MOVED to allow the exemption for the property. The MOTION
FAILED DUE TO THE LACK OF A SECOND.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to deny the
request for exemption. Upon vote, the MOTION CARRIED 4 to 1. Vice-Chairman Greer voted in
opposition.
Discussion followed on the value of the property. Tax Administrator Glasgow advised that
when the appeal was denied, the property was reduced to $438,503 for the tax year 2000. Since the
building has been removed, the tax value for 2001 will be reduced by $261,360.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to place a tax value on
the property at $261,360 for tax year 2000. Upon vote, the MOTION FAILED by 2 to 3. Vice-
Chairman Greer, Commissioner Boseman, and Commissioner Pritchett voted in opposition.
Motion:
Vice-Chairman Greer MOVED to value the property at $275,566 for tax year 2000.
Mr. Frederick Willetts advised that the original appraised value of $1,893,000 was reduced to
$679,000 and finally to $438,503 because there was no basis to appraise a fire station. The Church
originally tried to remodel the existing building but because of an outdated mechanical system, it was
better to construct a new building. Approximately $100,000 has been spent on demolishing the
building and removing asbestos so the property could become a vacant lot. He requested the Board
to reconsider the land value at $261,360.
After further discussion, Commissioner Pritchett SECONDED the motion to value the land
at $275,566 for tax year 2000. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman
voted in opposition.
BREAK
Chairman Davis called a break from7:25 P.M. until 7:40 P.M.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ARTICLE II,
SECTION 23-55 OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO PERMIT
FREESTANDING CANOPIES TO BE CONSTRUCTED WITHIN FRONT YARD
SETBACKS (A-308, 05/01)
Chairman Davis opened the Public Hearing.
Planning Director Dexter Hayes reported on the existing language in the Zoning Ordinance and
advised that the petitioner, Cape Shade LLC, would like to modify the exemption under Article II,
Section 23-55 to permit free standing canopies to be constructed within front yard setbacks.
At the Planning Board meeting held on June 7, 2001, the petitioner presented information
about the product that he would like to construct within the setback area. Since the petitioner may
not qualify for a variance, the Planning Board discussed different options to accommodate this product
including the possibility of adding a use to the permitted use table. Ultimately, the Planning Board
determined that the amendment was impractical and voted 5-1 to deny the request because
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 679
of concern for aesthetics and the precedent that would be established to allow the structure to be
placed in the front yard of existing businesses along major corridors.
The Planning Staff recommended denial of the request because of potential safety hazards,
inconsistency with the Land Use Plan, and the existing provisions in the Zoning Ordinance for reduced
setbacks for overhead canopies.
Chairman Davis asked if the petitioner would like to speak.
Mr. Stephen de Klerk, owner of Cape Shade LLC, presented pictures of the product being sold
and explained that these canopies were modular steel structures that are attractive and cost effective.
The canopies are used by industries, nurseries, and churches for parking as well as other domestic
applications. He referenced the setback reduction in the existing Zoning Ordinance for a bank drive-
thru window or pump fuel station and requested the canopies to be given the same consideration. He
also requested the Board to establish use of the canopies through issuance of a Special Use Permit on
a case by case basis for residential and commercial uses.
Commissioner Caster asked if a canopy could be placed in front of a building with a setback
of 50 feet.
Planning Director Hayes explained that under the existing Zoning Ordinance, the front yard
building setback in most commercial districts is 50 feet which provides 25 feet to accommodate
canopies, which is adequate space for these products.
Chairman Davis asked if anyone from the public would like to comment.
Hearing no comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to deny the request
as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY STROUD ENGINEERING TO
REZONE1.67 ACRES LOCATED ON THE CAROLINA BEACH SERVICE ROAD SOUTH
OF MONKEY JUNCTION FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS
Z726, 06/01)
Chairman Davis opened the Public Hearing and announced that 10 minutes would be allowed
to receive comments from both sides, persons in favor and opposed to the rezoning request. He
requested all parties to avoid redundancy if at all possible and to adhere to the time frame.
Planning Director Hayes presented pictures of the site located on the Carolina Beach Road
Service Road south of Monkey Junction showing the front of the three (3) parcels being zoned B-2
Highway Business to a depth of 300 feet with the back portion remaining residentially zoned. Pictures
were also presented on surrounding commercial uses as well as the adjacent subdivision of Brewster
Place.
On June 7, 2001, the Planning Board heard a request from the petitioner to rezone the
remaining portion of the three (3) parcels to B-2 Highway Business. The petitioner noted that
buffering requirements in the Zoning Ordinance provide an adequate buffer to protect the adjacent
residents of Brewster Place and the dense vegetation presently existing on the property would be
retained. After hearing objections from several neighbors, the Planning Board discussed the petition
and the motion to approve the rezoning failed. Upon further discussion the Planning Board
recommended approval of an amended petition as follows:
1.Rezone Parcel #1 to the north of Dunhill Lane to B-2 as requested.
2.Rezone Parcel #2 on the south side of Dunhill Lane to Conditional Use (B-2) based
on the site plan discussed and produced at the meeting provided that (a) the use would
be for a hotel; (b) any eating and drinking establishments within the hotel would limit
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 680
hours of operation to no later than 11:00 P.M.; (c) access shown on Dunhill Lane
would be closed; (d) lighting for the project would be down lighting and directed away
from adjacent residents; and (e) the existing vegetation to the rear of the property
would remain undisturbed.
3.Rezone Parcel #3, the southern most parcel of the petition, to B-2 Highway Business
to an approximate depth of 365 feet.
Vice-Chairman Greer expressed concern for considering Conditional Use zoning without a site
plan.
Planning Director Hayes responded that the Planning Board did review a plan, but the
petitioners have indicated they would prefer the original B-2 zoning.
Chairman Davis pointed out that the information presented in the agenda packet clearly states
that the Planning Department did not receive an amended petition or detailed conditional use site plan.
Planning Director Hayes responded that since that date, other information has been received
and the petitioner might want to modify the plan to conditional use.
Planning Director Hayes continued the presentation by reporting that the Monkey Junction
area has undergone a significant transformation from a small commercial node serving local residents
to a larger regional commercial node. This southeastern quadrant of the intersection has a variety of
residential housing with an existing mobile home park and a recently developed subdivision, Brewster
Place, as well as a variety of commercial zoning designations. Since 1991 there have been eight
requests to modify zoning on parcels south of the subject properties. In July 1999, the adjacent zoning
on adjacent property where the Kohl’s Creamery is located was extended to accommodate that use.
In considering this request, there are several issues including setbacks, buffering and storm
water management that must be evaluated. The required setbacks and buffering are measured from
the zoning district. The setback requirement for the rear yard in a B-2 district is 3.73 times the
building height with a minimum setback of 35 feet and a minimum buffer of either one-half the setback
or 20 feet, whichever is greater. Any development on these parcels will have to meet the storm water
management regulations and any new storm water ponds will have to be located within the commercial
district. The proposed rezoning is a logical extension of the commercial district, and Staff
recommends approval of the B-2 zoning.
In concluding the presentation, Planning Director Hayes noted that if the petitioners want to
modify their request to conditional use zoning, all persons presenting testimony will have to be sworn
in by the Clerk to the Board.
Chairman Davis asked if the petitioners would like to comment and he requested an
explanation of what zoning is being requested.
Mr. William (Bill) P. Harrill III, the attorney representing the petitioners, Jimmy Fentress, Jay
Hutchings, and Mark R. Simpson, advised that the petitioners were requesting the B-2 Business
rezoning but stated as an alternative, the petitioners are asking for a Conditional Use District for the
second parcel of land.
Chairman Davis asked if this meant that the petitioners are asking for the option recommended
by the Planning Board.
Mr. Harrill responded that the alternative recommended by the Planning Board was being
requested, and the petitioners are willing to go with a Conditional Use District although it is felt that
a straight B-2 Business zoning would be in the best interest of all parties involved; however, time is
of the essence to the petitioners since the transaction must be closed by August 1, 2001.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 681
A map was presented showing the front half of the property zoned B-2 and the remaining half
zoned R-15 Residential. The petitioners are requesting a corrective amendment because when the
Zoning Ordinance was adopted in 1971, the front portion of the property was zoned B-2. In the early
90's the State added a service road in front of the B-2 property which reduced the amount of land that
could be developed. In order to develop the property, the petitioners are requesting the back half of
the property to be rezoned B-2 Business from R-15 Residential. The adjacent residents living in
Brewster Place are concerned about having commercial zoning with no protection to the
neighborhood. If the property is rezoned B-2 Business, the residents will be guaranteed a vegetated
buffer zone in between the homes and proposed business uses. One of the structures will be 40 feet
high which will provide a setback and heavy vegetated buffer area of 75 feet. The intended purpose
for the rezoning is to provide continued necessary urban services to this area. Traffic coming in and
out will be filtered to a stop light that will not create a traffic burden on this portion of Carolina
Beach Road. This is a well established node that serves commercial development.
Mr. Harrill stated that if the Board of County Commissioners decides to follow the amended
petition presented by the Planning Board, a Conditional Use District would have to be established and
he presented the following findings to meet the four general requirements:
1. The use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted.
Commissioner Caster interrupted Mr. Harrill and asked which zoning was being requested by
the petitioners.
Mr. Harrill responded that the petitioner would prefer the straight B-2 zoning; however, the
petitioners are willing to accept conditional use zoning as recommended by the Planning Board. The
petitioner would like to be sure that any concerns of the Commissioners are satisfied.
Chairman Davis also expressed concern for not knowing what type of zoning was being
requested. He stated that normally when a business district is adjacent to a residential district, O&I
zoning is recommended to better protect surrounding residential areas.
Commissioner Caster asked if sworn testimony was needed before consideration could be given
to conditional use zoning.
County Attorney Copley responded that all persons giving testimony must be sworn in. She
suggested that the Board render a decision on the B-2 zoning and then move forward with the
conditional use zoning.
Further discussion was held on the type of zoning being requested. Vice-Chairman Greer
asked if it was legally possible for the Board to vote on one use and then on another use.
County Attorney Copley advised that the B-2 zoning should be addressed before the
conditional use is considered. All persons speaking will have to be sworn in if the Board decides to
consider conditional use zoning.
Mr. Harrill advised that only one parcel of the zoning would be conditional use with B-2
zoning for the remaining two parcels.
Commissioner Caster noted that if conditional use is considered, the Board can place
restrictions on the use which could satisfy the neighbors and all parties involved.
Chairman Davis expressed concern for the petitioners coming before the Board without a
detailed plan showing how the property will be developed if conditional zoning is being requested.
The Board has been told that the petitioners are seeking straight B-2 zoning for the three parcels.
Mr. Harrill explained that he intended to say that a plan would be presented. There is a
detailed site plan that will meet the criteria for a Special Use Permit. The intent was for the Board of
County Commissioners to be able to evaluate the alternatives. The petitioners want to go the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 682
route of the conditional use; however, there is confusion between the recommendation of Staff and
recommendation of the Planning Board.
Chairman Davis asked Mr. Harrill if the petitioners want the Board to consider B-2 zoning for
the entire site or the recommendation by the Planning Board.
Mr. Harrill responded that the petitioners would like for the Board to consider conditional use
zoning.
Chairman Davis requested any persons wishing to speak to step forward to be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Bill Harrill
Jimmy Fentress
Jay Hutchings
Mark R. Simpson
Lynn Shay
Kathy Coleman
Eric Wayne
Mr. Harrill informed the Board that the petitioners are requesting the Board of County
Commissioners to consider the recommendation of the Planning Board which is comprised of two
components: (a) B-2 zoning for two parcels; and (b) Conditional Use (B-2) zoning for Parcel #2. This
is a quasi-judicial hearing and some of the neighbors are present and would like to speak.
Mr. Harrill noted that four requirements must be met and the following information was
presented:
The Use Must not Endanger the Public Health or Safety:
1. The property is currently zoned
B-2 and is surrounded by B-2 properties in a commercial zone. Traffic filters are in place, and
there is low pedestrian activity.
The Use Must Meet all Required Conditions and Specifications:
2. The site plan was
prepared by Mr. Jimmy Fentress who will discuss the conditions and specifications.
Mr. Jimmy Fentress, representing Stroud Engineering, advised that the site plan was a retrofit
of a prototype site plan provided by the Amerihost Inns & Suites hotel chain. The original site
plan was for 84 rooms but it has been amended to provide 65 rooms to meet the objections
from surrounding neighbors. The site plan provides an adequate area to meet dimensional
requirements established by the New Hanover County Zoning Ordinance, and a storm water
permit has been issued by the Department of Environmental and Natural Resources. A second
entrance will be established on Dunhill Road to provide adequate ingress and egress to the
parking area of the hotel as well as to emergency service vehicles. The N. C. Department of
Transportation does not object to the access on Dunhill Road or the driveway. Major public
utilities and access are provided to the property.
Chairman Davis asked Planning Director Hayes if he had reviewed the conditional use site plan.
Planning Director Hayes responded that he had reviewed the conditional use site plan and it
was in compliance to the zoning requirements depending upon where the zoning lines are established,
which will affect the setbacks and buffering. The request is consistent with the Land Use Plan because
it will be located in a large regional commercial node at Monkey Junction.
Commissioner Pritchett requested an explanation of the height and number of floors in the
proposed building.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 683
Mr. Fentress responded that the building would be three-levels and 46 feet high.
Vice-Chairman Greer expressed concern for feeling uncomfortable with the conditional use
request and stated discussion is being held on one entrance, two entrances, three levels, and 65 rooms.
He strongly objected to not having this information before him when trying to make a decision. He
noted that without a well defined site plan, there was no way to know how lights will be turned,
where the shrubbery will be placed, the number of driveways and parking places. He expressed
concern for not knowing how many entrances will be located on Dunhill Road.
Mr. Harrill explained that one entrance would be located on Dunhill Road and one entrance
on the service road.
Commissioner Caster also expressed concern for not receiving a detailed plan and asked why
this was not presented to the Commissioners.
Planning Director Hayes responded that a plan should have been presented showing exactly
how the property will be developed; however, the Planning Board amended the rezoning request for
the conditional use. The petitioners were originally requesting B-2 Business zoning for all three
parcels.
Chairman Davis asked if any persons sworn-in by the Clerk to the Board would like to speak
in opposition.
Ms. Lynn Shay, a resident of 5623 Chilmark Court, spoke on the residents in Brewster Place
understanding that the front portion of the property was zoned B-2 Business and stated no problems
have been experienced under the current zoning. She expressed concern for any extended use of the
B-2 zoning becoming a disruption to the entire neighborhood.
Ms. Kathy Coleman, a resident of 5615 Chilmark Court, referenced the signed petitions and
letters from residents of Brewster Place for entry into the record and stated that adjacent residents are
concerned about property values and safety with numerous businesses next to the neighborhood.
When the property was purchased by the petitioners, they were aware of the property being zoned
residential in the back of the site. Now, the petitioners want commercial zoning for their use and it
is difficult to understand why this residential zoning should be changed to commercial use which will
be in the backyards of adjacent residents.
The petitions submitted were marked as Exhibit I and are contained in Exhibit Book XXVII,
Page 3.
Mr. Eric Wayne, a resident of 5619 Chilmark Court, referenced the buffer requirements and
asked if the buffer requirement would apply to vacant residential property.
Vice-Chairman Greer explained that when R-15 Residential property is rezoned to B-2
Business, there is a required buffer depending upon the height of the building. The buffer would apply
to vacant land as well as developed land. Under a Special Use Permit, the Board can place conditions
on the permit and require additional buffering or no buffering at all.
Mr. Wayne also spoke on concern for existing traffic problems and noted that increased traffic
from additional commercial uses will only increase traffic at the Monkey Junction intersection.
Currently, the intersection at Myrtle Grove Fire Department is blocked when people turn left at the
intersection. Once Lowes and the Wal-Mart Super Center are constructed, the entire area will be
more congested. With increased traffic and concern for the safety of neighborhood children, the
residents would like to see the request denied; however, if not, the suggestion of Office and Institution
zoning would be more acceptable.
Mr. Harrill stated if the rezoning is denied, the property will be divided by a B-2 Zone and R-
15 Zone that will encourage strip zoning. If the back portion of the site is developed residentially, the
existing buffer can be removed with only a 20-foot setback. The New Hanover County Zoning
Ordinance has built in protection to provide more than adequate buffering for a B-2 Zone.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 684
Chairman Davis informed Mr. Harrill that he had a problem with the site plan presented
because it was impossible to determine the placement of the hotel on the site, the amount of
shrubbery, parking spaces and lighting. He stated that after sitting on the Board for five years, the plan
presented was not similar to other detailed site plans.
Mr. Harrill responded that parking spaces were delineated on the site plan.
Mr. Fentress, one of the petitioners, noted that he was under the impression that if a tree
survey and site plan were presented, it would be sufficient for conditional use zoning.
Chairman Davis closed the Public Hearing.
Commissioner Caster expressed concern for thinking that the request was for B-2 zoning and
then it being switched to conditional use as recommended by the Planning Board.
Chairman Davis asked if the request is denied, how long would it be before another request
could be submitted to the Planning Board.
County Attorney Copley responded that no rezoning petition could be submitted for a period
of one year.
Mr. Harrill requested the Chairman to allow him to withdraw the request and work with Staff
to prepare a conditional use plan so the petitioner will not have to wait a year to present another
rezoning request.
Planning Director Hayes advised that the Planning Board reviewed the plan as submitted by
the petitioners at the meeting when supporting the conditional use zoning; however, the Board of
Commissioners can require the plan to be remanded to the Planning Board for review.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to remand the
request to the Planning Board with the petitioner submitting a detailed site plan for development of
the property under the Conditional Use B-2 zoning.
Mr. Harrill explained that the petitioners were asking for the opportunity to withdraw the plan
from consideration so it can be reworked into a form that will be satisfactory to the Board of County
Commissioners.
Chairman Davis requested one speaker to comment on how the residents of Brewster Place
would feel if the petitioners are allowed to withdraw the request.
Mr. Eric Wayne responded that the residents would be opposed to the petition being
withdrawn. At the Planning Board meeting, the petitioners were informed that a plan would have to
be presented for conditional use zoning to be considered by the Commissioners. After contacting the
Planning Director on Thursday, no site plan had been submitted to the Planning Department.
Chairman Davis called for a vote on the motion to remand the plan back to the Planning Board
with the petitioners submitting a detailed plan. Upon vote, the MOTION FAILED 2 to 3.
Commissioner Boseman, Vice-Chairman Greer, and Chairman Davis voted in opposition.
Motion:
After further discussion, Commissioner Pritchett MOVED, SECONDED by Commissioner
Boseman, to deny the rezoning request from R-15 Residential to B-2 Business. Upon vote, the
MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition.
PUBLIC HEARING TO CONSIDER A REQUEST BY LIVE OAK DEVELOPMENT
COMPANY TO AMEND PART OF THE RURAL LAND CLASSIFICATION TO URBAN
TRANSITION ON THE LAND CLASSIFICATION MAP OF THE WILMINGTON-NEW
HANOVER COUNTY COMPREHENSIVE LAND USE PLAN UPDATE (1997-2010) (LUP-11,
06/01)
Chairman Davis opened the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 685
Planning Director Dexter Hayes reported that Live Oak Development Company wishes to
change a parcel of land located on the west side of Market Street between the CP&L site and the U.
S. Highway 17 By-Pass from the Rural Land Classification to the Urban Transition Classification on
the Wilmington-New Hanover County Land Classification Map. At the Planning Board meeting held
on June 7, 2001, Staff presented the current status of utility service in the area and reviewed the
different land classifications. The petitioner explained that changing the land classification would be
the first step in planning for future development in the area. The Planning Board discussed the land
use classifications and associated policies. Since urban services are planned for the area, the Planning
Board determined that the request was consistent with the Comprehensive Land Use Plan and
unanimously recommended approval of the request.
Chairman Davis asked if the Planning Staff was in favor of the text amendment.
Director Hayes responded that the Planning Board and Planning Staff were in favor of the
proposed change.
Chairman Davis asked if anyone from the public would like to speak.
Hearing no comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve an
amendment to the Land Classification Map of the Wilmington-New Hanover County Comprehensive
Land Use Plan Update to change part of the Rural Land Classification to Urban Transition as
recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXVII, Page 3.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING STAFF TO AMEND
SECTION 67 OF THE LANDSCAPE SECTION OF THE NEW HANOVER COUNTY
ZONING ORDINANCE (A-310, 05/01)
Chairman Davis opened the Public Hearing
Planning Director Dexter Hayes reported that the proposed text amendment incorporates the
language that the Unified Development Ordinance (UDO) Oversight Committee agreed upon during
their review of the Landscape Sections of the current City and County Zoning Ordinances. As a result
of this review, several changes have been made to the landscape regulations, including additional tree
saving requirements, street-yard planting requirements, foundation plantings for commercial buildings,
and landscaping for expansions to existing structures.
Although the Unified Development Ordinance is still a work in progress, the Board of
Commissioners and the City Council have requested that portions of the document be incorporated
into the existing Zoning Ordinance as soon as possible. To date the City of Wilmington has adopted
several sections agreed upon by the UDO Oversight Committee. In adopting the new standards, the
City allowed development plans that had already been submitted to be reviewed under the old
requirements for a period of thirty (30) days. Staff recommends approval of the text amendment and
adoption of the 30-day policy.
The Planning Board held a workshop on May 30, 2001 to review the requirements of the
proposed landscape document. As a result of this workshop, several Planning Board members and
one citizen developed a list of discussion items for the June 7, 2001 Planning Board Public Hearing.
Although there were several concerns raised, the primary discussion revolved around buffer-yard
requirements.
The Planning Board voted to recommend approval of the landscape section as recommended
by the UDO Oversight Committee with the following comments:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 686
•Staff should revise the technical standards to allow for a variation in landscape material
and height.
•Deletion of wording in Section 67-4(6)(B)(d)d that requires the fencing in the buffer
area to be on the commercial side of the buffer landscaping.
•The Planning Board wishes to evaluate the current width requirements for buffer-yards
and in the future possibly amend the way these widths are calculated.
Discussion was held on the differences between the recommendation of the Planning Board
and the amendment as recommended by the UDO Oversight Committee. Planning Director Hayes
advised that the only difference was the deletion of (d) under Section 67-4(6)(B) which reads as
follows: “The buffer vegetation shall be located between the fence and the common property line.”
Commissioner Caster asked if the City would agree to deletion of this wording.
Planning Director Hayes responded that City Staff was in favor of the proposed change but
the UDO Oversight Committee had not approved the change.
Commissioner Boseman suggested adopting the same language as adopted by the City Council
in order to be consistent.
Hearing no further comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the
amendment as recommended by the UDO Oversight Committee without deletion of the wording
recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book, XXVII, Page 3.
FIRST READING OF AMENDMENTS TO CHAPTER 53 OF OF THE NEW HANOVER
COUNTY CODE - TRAFFIC AND VEHICLES
Commissioner Caster advised that he had been working with Sergeant John Murray regarding
the need to protect the dunes at the northern end of Carolina Beach. After recognizing the need to
move forward with some type of enforcement, Assistant County Attorney Holt Moore has prepared
an ordinance to be considered by the Commissioners.
After commenting on reviewing the proposed ordinance, Mr. Ray Rothrock, Mayor of Carolina
Beach, suggested changing the definition of the dune area to mean all land situated in the county and
lying within 500 feet of the low-water mark instead of the high-water mark. He also suggested
prohibiting camping or open fires on the northern end of the beach.
Vice-Chairman Greer expressed concern for the proposed ordinance applying to all areas of
New Hanover County, not just the northern end of Carolina Beach, and stated that many people enjoy
carrying campers to this area. He advised there was a definite need to control the law breakers in this
area, but asked if it was right for the large number of people using this recreational area to be deprived
of their rights because of law breakers. The County does not own the property and it appears that the
property owners do not care about how the area is used.
Assistant County Attorney Holt Moore advised that Sergeant Murray was not interested in
eliminating the recreational activity; however, he felt that regulations should be in place to protect the
safety of people using the northern end of the Carolina Beach.
Chairman Davis asked if anyone from the public would like to speak on the proposed
ordinance.
Mr. Greg Snyder, Superintendent of Ft. Fisher, advised that State regulations are in place at
Ft. Fisher to enforce no camping, no litter, and no fires. These regulations have not decreased the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 687
public activity in this area; however, enforcement of the regulations has decreased the amount of fecal
material and other waste products deposited on the dunes.
Mr. Bill McEwen, a resident of 516 Linksider Drive, reported on spending 37 years on Capitol
Hill listening to complaints and 16 years on a City Council listening to complaints and stated when he
retired it was never his intent to impose his views on others. However, in this incident some
regulations do need to be enforced to preserve and make this an enjoyable area to visit. After
purchasing a jeep and using the area, he would suggest prohibiting or enforcing regulations to manage
all-terrain vehicles because a serious injury or death is going to occur if something is not done
immediately to handle this dangerous situation. He also suggested prohibiting dogs in the area as well
as regulating loud music. He urged the Board to move forward with adopting the proposed
regulations because the northern end of Carolina Beach is an asset to the County and should be better
protected.
Commissioner Pritchett requested Commissioner Caster to amend the proposed ordinance to
prohibit dogs on the beach as done on other beaches during summer months.
Commissioner Caster commented on this being another issue and stated that he would not be
in favor of amending the ordinance to prohibit dogs on the beach during summer months.
Ms. Sherry Boswell, the owner of a camper vehicle, stated that the major problem was 4-wheel
drive vehicles. Campers are not placed on the dunes nor do they destroy the dunes like 4-wheel drive
vehicles. Many families use campers to enjoy the beach and most of them patrol the area picking up
trash. She urged the Board not to prohibit campers on the northern end of Carolina Beach.
Assistant County Attorney Moore suggested adding platted roadways to Section 53-34(2) and
changing Section 53-34 to750 feet instead of 500 feet from the low-water mark.
Motion:
After a lengthy discussion on the proposed regulations, Commissioner Caster MOVED,
SECONDED by Vice-Chairman Greer, to approve the ordinance with the following amendments:
Section 53-31 Definitions:
• Amend the definition of dune area to read as follows: “all land
situated in the county and lying within 750 feet of the low-water mark of the Atlantic Ocean
or adjacent inlet”.
Section 53-34 (1) Restrictions:
• Amend to read as follows: “by a person licensed to drive a
motor vehicle on public highways.”
Section 53-34 (2) Restrictions:
• Amend to read as follows: “either below the high-water mark
or on property within 25 feet adjacent thereto, or on platted roadways.”
Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition.
Since the ordinance did not receive a unanimous vote at the first reading, a second reading will
be required on August 6, 2001.
COMMITTEE APPOINTMENTS
Appointment of Jennifer Marie Sanders to Serve on the New Hanover County Adult Care
Home Community Advisory Committee
Chairman Davis reported that four vacancies needed to be filled on the Adult Care Home
Community Advisory Committee and advised that one application had been received from Ms. Jennifer
Marie Sanders.
Clerk to the Board, Lucie F. Harrell, spoke on contacting the Ombudsman regarding the
employment of Ms. Sanders with Coastal Adult Day Care Center and advised that Ms. Sanders was
eligible for appointment because this facility was not classified as a rest home or nursing home as
outlined in N.C.G.S. 130-9-5.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 688
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Jennifer
Marie Sanders to serve an initial 1-year term on the Adult Care Home Community Advisory
Committee, with the term to expire July 31, 2002. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Reappointment of Royce N. Angel and Appointment of Nancy Elaine Fauser to Serve on the
Airlie Gardens Foundation, Inc. Board of Directors
Chairman Davis reported that two vacancies needed to be filled on the Airlie Gardens
Foundation, Inc. Board of Directors. He advised that two applications have been received with one
applicant, Royce N. Angel, being eligible for reappointment.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint
Royce N. Angel to serve a 3-year term and to appoint Nancy Elaine Fauser to serve a 3-year term on
the Airlie Gardens Foundation, Inc. Board of Directors with the terms to expire June 30, 2004. Upon
vote, the MOTION CARRIED UNANIMOUSLY
Appointment of Melinda Haynie Crouch and Robyn M. Gantt to Serve on the New Hanover
Commission for Women
Chairman Davis reported that two unexpired terms needed to be filled on the Commission for
Women and advised that four applications had been received. He opened the floor to receive
nominations.
Commissioner Boseman nominated Melinda Haynie Crouch to fill the unexpired term ending
May 31, 2003. The nomination was seconded by Vice-Chairman Greer.
Commissioner Caster nominated Robyn M. Gantt to fill the unexpired term ending May 31,
2002. The nomination was seconded by Commissioner Pritchett.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
The Board voted unanimously to appoint Melinda Haynie Crouch to fill the unexpired term on
the Commission for Women to expire May 31, 2003, and appoint Robyn M. Gantt to fill unexpired
term on the Commission for Women to expire May 31, 2002.
Appointment of Linda M. Rawley and Deedree S. Hairston to Serve on the Human Relations
Commission
Chairman Davis reported that two vacancies created by two unexpired terms needed to be
filled on the Human Relations Commission. He advised that three applications had been received, and
he opened the floor to receive nominations.
Commissioner Pritchett nominated Linda M. Rawley to fill the unexpired term of Father
Thomas P. Hadden. The nomination was seconded by Commissioner Boseman.
Commissioner Caster nominated Al McKenzie. The nomination was seconded by Vice-
Chairman Greer.
County Manager O’Neal informed the Board that Al McKenzie was the Director of Human
Resources for the City of Wilmington and Denise Matroni, a current member of the Human Relations
Commission, was also employed by the City Human Resources Department.
After discussion of the need to have more diversity on the Human Relations Commission, Vice-
Chairman Greer WITHDREW HIS SECOND to the nomination of Al McKenzie.
Commissioner Pritchett nominated Deedree S. Hairston to fill the unexpired term of Kathryn
Salwitz. The nomination was seconded by Commissioner Boseman.
Hearing no further nominations, Chairman Davis declared the nominations closed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 689
Vote:
The Board voted unanimously to appoint Linda M. Rawley to fill the unexpired term of Father
Thomas P. Hadden on the Human Relations Commission with the term to expire December 31, 2003
and to appoint Deedree S. Hairston to fill the unexpired term of Kathryn H. Salwitz on the Human
Relations Commission with the term to expire December 31, 2002.
Reappointment to the Inspections Department Advisory Council
Chairman Davis reported that four vacancies needed to be filled on the Inspections Department
Advisory Council in the following categories:
1 Builder-Residential/WCFHBA Member
1 Electrical Contractor
2 At-Large Members
Chairman Davis advised that four of the five applications received were eligible for
reappointment.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to re-appoint James
E. Kenny as a representative of the Builder-Residential category, Ronald Edward Williams as the
Electrical Contractor, and James H. Bordeaux and Joel A. Macon as At-Large Members to serve 3-
year terms on the Inspections Department Advisory Council with the terms to expire July 31, 2004.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of D. Lynne Williams to Serve on the Juvenile Crime Prevention
Council/Criminal Justice Partnership Advisory Board
Chairman Davis reported that an unexpired term needed to be filled on the Juvenile Crime
Prevention Council/Criminal Justice Partnership Advisory Board in the category of Juvenile Defense
Attorney. He advised that two applications had been received.
Deputy County Manager Atkinson informed the Board that Mr. Chris Oring who resigned from
the Criminal Justice Partnership Advisory Board was a defense attorney and the unexpired term should
be filled by another defense attorney who deals with juvenile issues.
Chairman Davis nominated D. Lynne Williams. The nomination was seconded by
Commissioner Boseman.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
The Board unanimously appointed D. Lynne Williams to fill the unexpired term of Chris Oring
as the Juvenile Defense Attorney to serve on the Juvenile Crime Prevention Council/Criminal Justice
Partnership Advisory Board. The term will expire September 30, 2003.
Reappointment of Parks L. Griffin, Jerry A. Mannen, Jr., and Appointment of Virginia W.
Chiarello, and Eleanor Grace Mosley-Byrd to serve on the Cape Fear Museum Board of
Trustees
Chairman Davis reported that four vacancies needed to be filled on the Museum Board of
Trustees. He advised that 13 applications had been received with two applicants, Parks L. Griffin and
Jerry A. Mannen, Jr., eligible for reappointment. He also noted that Donald Patience, a current
member of the Museum Board of Trustees was requesting to serve a third term. He opened the floor
to receive nominations.
Commissioner Boseman nominated Dr. Earl Sheridan and noted that he was a life-long resident
of New Hanover County and a Professor of Political Science at UNCW. She stated that he would be
an asset to the Museum Board of Trustees. The nomination did not receive a second.
Commissioner Caster nominated Eleanor Mosely-Byrd. The nomination was seconded by
Chairman Davis.
Commissioner Pritchett nominated Virginia W. Chiarello and noted that her financial
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 690
expertise would be an asset to the Museum Board of Trustees. The nomination was seconded by
Chairman Davis.
Vice-Chairman Greer nominated Donald Patience for reappointment to serve a third term. The
nomination did not receive a second.
Commissioner Boseman nominated Karen D. Moorefield. The nomination did not receive a
second.
Commissioner Caster nominated Parks Griffin for reappointment. The nomination was
seconded by Vice-Chairman Greer.
Commissioner Pritchett nominated Barton G. Williams, M.D. The nomination was seconded
by Commissioner Caster.
Commissioner Caster nominated Jerry A. Mannen, Jr. for reappointment. The nomination was
seconded by Vice-Chairman Greer.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Chairman Davis called for a vote on the following nominations and stated that each member
had four votes:
Vote:
The Board voted 4 to 1 to appoint Eleanor Mosely-Byrd to serve a 3-year term on the Cape
Fear Museum Board of Trustees with the term to expire June 30, 2004. Chairman Davis, Vice-
Chairman Greer, Commissioner Boseman, and Commissioner Caster voted in favor of the
appointment.
Vote:
The Board voted 3 to 2 to appoint Virginia Chiarello to serve a 3-year term on the Cape Fear
Museum Board of Trustees with the term to expire June 30, 2004. Chairman Davis, Commissioner
Boseman, and Commissioner Pritchett voted in favor of the appointment.
Vote:
The Board voted 4 to 1 to reappoint Parks L. Griffin to serve a 3-year term on the Cape Fear
Museum Board of Trustees with the term to expire June 30, 2004. Chairman Davis, Vice-Chairman
Greer, Commissioner Caster, and Commissioner Pritchett voted in favor.
Vote:
The Board voted 3 to2 not to appoint Barton G. Williams to serve on the Cape Fear Museum
Board of Trustees. Commissioner Caster and Commissioner Pritchett voted in favor of the
appointment.
Vote:
The Board voted 4 to 1 to reappoint Jerry A. Mannen, Jr. to serve on the Cape Fear Museum
Board of Trustees with the term to expire June 30, 2004. Chairman Davis, Vice-Chairman Greer,
Commissioner Caster, and Commissioner Pritchett voted in favor.
Reappointment of Michael J. Keenan and McKinley D. Dull to Serve on the New Hanover
County Planning Board
Chairman Davis reported that two vacancies needed to be filled on the Planning Board and
advised that 11 applications had been received and two members, McKinley D. Dull and Michael J.
Keenan were eligible for reappointment. He opened the floor to receive nominations.
Commissioner Pritchett nominated Jeffrey R. Bellows. The nomination did not receive a
second.
Vice-Chairman Greer nominated McKinley D. Dull for reappointment. The nomination was
seconded by Commissioner Caster.
Commissioner Caster nominated Michael J. Keenan for reappointment. The nomination was
seconded by Vice-Chairman Greer.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 691
Commissioner Boseman nominated Jesse J. (Jay) Peterson, Jr. The nomination was seconded
by Chairman Davis.
There being no further nominations, Chairman Davis declared the nominations closed.
Chairman Davis called for a vote on the following nominations and stated that each member
of the Board had two votes.
Vote:
The Board voted 3 to 2 to reappoint McKinley D. Dull to serve 3-year term on the Planning
Board with the term to expire July 31, 2004. Chairman Davis, Vice-Chairman Greer, and
Commissioner Caster voted in favor of the reappointment.
Vote:
The Board voted 4 to 1 to reappoint Michael J. Keenan to serve 3-year term on the New
Hanover County Planning Board with the term to expire July 31, 2004. Commissioner Pritchett, Vice-
Chairman Greer, Commissioner Caster, and Commissioner Boseman voted in favor of the
appointment.
Vote:
The Board voted 3 to 2 to appoint Jay Peterson to serve on the New Hanover County Planning
Board. Chairman Davis, Commissioner Pritchett, and Commissioner Boseman voted in favor.
Due to a tie vote between McKinley D. Dull and Jay Peterson, Chairman Davis called for a
vote on each nominee.
Vote:
The Board voted 3 to 2 to reappoint McKinley D. Dull to serve a second 3-year term on the
New Hanover County Planning Board with the term to expire July 31, 2004. Chairman Davis, Vice-
Chairman Greer, and Commissioner Caster voted in favor.
Vote:
The Board voted 3 to 2 not to appoint Jay Peterson to serve on the New Hanover County
Planning Board. Commissioner Pritchett and Commissioner Boseman voted in favor of the
appointment.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 10:45 P.M. to hold a regular meeting of
the New Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 11:05 P.M.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda. He requested all persons to limit their remarks to three
minutes.
No items were presented.
ADDITIONAL ITEMS
Recognition of New Hanover County Animal Control Center by Officials from the City of
Fayetteville
Commissioner Caster spoke on the letter received from the City of Fayetteville complimenting
the operation of the New Hanover County Animal Control Center and the ordinances adopted to
provide better management of animals. He stated that Fayetteville officials plan to use the County
ordinances as a model for their community.
Discussion of State Reimbursements for Intangible and Inventory Taxes
Commissioner Caster asked how much of the $95 million just released by the State will be
received in New Hanover County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JULY 9, 2001 PAGE 692
County Manager O’Neal explained that $1.4 million for the past six months was just received
for FY 2000-2001; however, the $4.3 million included in the budget for FY 2001-2002 has not been
approved by the N. C. General Assembly. If the County does not receive this reimbursement, drastic
cuts will have to be made in County services. Staff is working on a plan to downsize County
government that will be presented to the Board at a later date.
Discussion of Unnecessary Agenda Information Being Copied
Commissioner Pritchett expressed concern for the amount of paper wasted when the large
package of information was presented by the Tax Administrator at the meeting regarding the St. James
Parish tax appeal. She suggested that department heads send a copy of a document to the Governing
Body Office for review by the Commissioners instead of five copies that end up in the trash.
County Manager O’Neal advised that he would check into this situation.
Scheduling of Work Sessions
County Manager O’Neal advised that several meetings needed to be scheduled and stated that
he would work with the Clerk to the Board in finding convenient dates.
Change in Date of August 2, 2001 Thursday Staff Meeting
County Manager O’Neal announced that the Committee of 100 would be holding its annual
business meeting on Thursday, August 2, 2001, at 4:00 P.M. which is the date and time of the
Thursday staff meeting. He advised that Governor Easley and Secretary of the N. C. Department of
Commerce, Jim Fain, have been invited as guests. He suggested changing the date of the staff meeting
to Wednesday, August 1, 2001, at 5:00 P.M. in the Assembly Room so a brief demonstration on the
new system for televising meetings can be presented by Public Information Officer Mark Boyer.
Commissioner Caster stated that he had already responded to the Committee of 100 informing
them that he could not attend the event because of the staff meeting.
Consensus:
After discussion, it was consensus of the Board to change the staff meeting from
Thursday, August 2 to Wednesday, August 1, at 5:00 P.M. in the Assembly Room, New Hanover
County Courthouse, 24 North Front Street, Wilmington, N. C. followed by a brief explanation of the
system to be used for televising meetings.
Work Session Scheduled to Discuss Renewal of AOL-Time Warner Cable Franchise
County Attorney Copley requested the Board to schedule a two-hour Work Session with Mr.
Bob Sepe, the County’s Cable Consultant, to discuss renewal of the AOL-Time Warner Cable
franchise.
Consensus:
After discussion, it was the consensus of the Board to schedule a Work Session on
September 17, 2001, at 1:00 P.M. in the Assembly Room following the regular meeting.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 11:30 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board