1998-02-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 308
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 2, 1998, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell;
Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Davis led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow anyone from the public to
present an item that was not listed on the Regular Agenda or comment on an item listed on the
Consent Agenda. He requested all persons speaking to limit their remarks to three minutes.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested removal of Consent Agenda Item 10.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove
Consent Agenda Item 10 and approve the remaining items on the Consent Agenda as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The County Commissioners approved the minutes of January 5, 1998, as presented by the
Clerk to the Board.
Authorization for the New Hanover County Cooperative Extension Service to Submit a Grant
Application to the Community Health Improvement Program of New Hanover Regional
Medical Center (CHIP)
The Commissioners authorized the New Hanover County Cooperative Extension Service to
submit a grant application to the Community Health Improvement Program in the amount of $25,000
to develop the “Ability Project” for individuals with physical disabilities or limitations. If the grant
is awarded, authorization was given to approve the associated budget amendment and authorize the
Chairman to execute the agreement. The program will introduce basic horticulture principles and
barrier-free gardening concepts to Master Gardener and Arboretum volunteer participants. The
project will be developed and supervised by North Carolina Cooperative Extension Service personnel.
Approval of Six (6) Deputy Positions to Serve as Resource Officers in the Middle Schools and
Approval of Associated Budget Amendment #98-0109
The Commissioners approved six (6) Deputy positions in the Sheriff’s Department to serve
as Resource Officers in the Middle Schools. The Board of Education will reimburse the County for
ten months of salaries, and the Sheriff’s Department will absorb the remaining two months in the
current year’s budget. The deputies will be employees of the Sheriff’s Department.
Budget Amendment #98-0109 - Sheriff/Administration
DebitCredit
Sheriff/Administration
Contribution from Schools$78,694
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 309
(Budget Amendment #98-0109 continued)
Debit Credit
Salaries & Wages$54,392
FICA 4,160
Retirement 2,685
401(k) Retirement 2,717
Medical Insurance 7,912
Uniforms 3,414
Departmental Supplies 3,414
Purpose:
To budget contribution from the School System for the six deputy positions.
Adoption of Resolution Awarding Bid #98-0200 ( Contract #98-0200) to Coastal Brokerage,
Inc. for the Purchase and Installation of Four Manufactured Homes
The Commissioners adopted a resolution awarding the bid to Coastal Brokerage, Inc., the
lowest responsible bidder, in the amount of $177,448 for the purchase of four (4) double-wide
manufactured homes to be installed in the Kirkland Community through the Community Development
Block Grant program. The manufactured homes will be occupied by elderly residents whose houses
cannot be cost-effectively renovated. Relocation was not considered as a viable option due to the age
of the participants. Only federal money will be involved in the project.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 15.
Adoption of Resolution Approving a Contract( #98-0041) with Vision Software, Inc., for
Donation of Software Products and Approval of Associated Budget Amendment #98-0106
The Commissioners adopted the associated budget amendment and resolution awarding a
contract to Vision Software, Inc. for the donation of software products in the amount of $186,680
for the Consolidated Records Information Management System (CRIMS) in the Sheriff’s Department.
This item was previously bid, but all bids were rejected at the September 2, 1997 meeting because
one bid exceeded funds available and the other bid did not comply with the specifications as written.
Since that time, Vision Software, Inc. has offered to donate the software for CRIMS with the County
incurring the conversion charges of $45 per hour not to exceed $13,500 and training sessions at $300
per class for twelve persons.
Budget Amendment #98-0106 - CRIMS Upgrade - Sheriff’s Department
DebitCredit
Sheriff’s Dept. - CRIMS Upgrade
Donations from Vision Software $186,680
Capital Outlay$186,680
Purpose:
To amend the budget to reflect the donation of software from Vision Software, Inc.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 15.
Authorization to Submit a Juvenile Justice Grant Application to Implement Programs for
Youth in Dove Meadows
The Commissioners authorized filing of a grant application through the Governor’s Crime
Commission in the amount of $74,262 for implementation of programs through the Brigade Boys &
Girls Club to provide positive role models and self-esteem activities for youth in Dove Meadows. No
County funds are involved, and the grant will flow through a County escrow account with the County
being responsible for fiscal control of the funding. If the grant is awarded, the County Manager is
authorized to execute the grant documents as the designated County official.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 310
Approval of New Hanover County Net Use Policy
The Commissioners adopted a New Hanover County Net Use Policy for the use of e-mail and
Internet. It was felt that it would be prudent to establish a policy for using the New Hanover County
Network, which includes Internet and the N. C. Integrated Information Network.
A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXIV, Page 15.
Adoption of Resolutions to Add Roads to the State Highway System
The Commissioners adopted resolutions to add Snapper Lane of Wilmington Beach and roads
in the Vineyard Green Subdivision to the State Highway System.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXIV, Page 15.
Appointment of Patti White to Serve on the Child Fatality Prevention Team - Health
Department
The Commissioners appointed Patti White to serve on the Child Fatality Prevention Team.
The vacancy was advertised in January and only one application was received.
Approval of Budget Amendment #98-27 - Controlled Substance Tax Capital Project
The Commissioners approved the following budget amendment:
DebitCredit
Controlled Substance Tax Capital Project
Controlled Substance Tax$6,452
Capital Project Expense$6,452
Purpose:
To increase budget for additional revenue received. Controlled Substance Tax funds are
budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary.
Approval of Budget Amendment #98-0100 - Hurricane Preparedness - Emergency
Management Department
The Commissioners approved the following budget amendment:
Debit Credit
Hurricane Preparedness
FEMA-Federal$100,000
Contracted Services$100,000
Purpose:
To increase the budget for FEMA reimbursable items. As of this date, $131,403 has been
received in FY 1997-98 with no funding budgeted. Part of this funding will be used to contract for
the removal of debris from sewer line rights-of-way.
Approval of Budget Amendment #98-0107 - Health Department WIC Program
The Commissioners approved the following budget amendment:
Debit Credit
WIC Immunization State Grant$7,841
Contracted Services$7,000
Departmental Supplies 841
Purpose:
To budget a one-time State grant for immunization screening and referral activities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 311
Approval of Budget Amendment #98-0108 - Child Health Grant - Health Department
The Commissioners approved the following budget amendment:
Debit Credit
Health/Child Health
State Grant$5,000
Contracted Services$2,500
Departmental Supplies 700
Capital Outlay - Equipment 1,800
Purpose:
To budget a one-time State grant to expand Health Check services to children through age
20.
Authorization to Submit a Gang Task Force Grant Application to the Governor’s Crime
Commission
The Commissioners authorized the filing of a Gang Task Force Grant application to the
Governor’s Crime Commission. If the grant is awarded, the funds will be used by the Sheriff’s
Department in conjunction with the Wilmington Police Department to establish a Gang Task Force.
The Task Force will be comprised of three (3) Wilmington City Police officers and two (2) Deputies
that will operate under the authority of the Wilmington City Police Department to monitor all gang
activity throughout the County. No County funds are required.
APPROVAL OF CONSENT AGENDA ITEM 10, CONSIDERATION OF WAIVING TIP
FEES FOR THE AMERICAN LEGION POST 10 TO DISPOSE OF DEMOLITION
MATERIALS FROM THE OLD AMERICAN LEGION BUILDING
Chairman Caster advised that a member of the American Legion Post 10 wrote a letter
requesting a waiver of tip fees at an estimated cost of $8,000 to dispose of demolition materials from
the old American Legion Building. Staff recommended denial of the request because the County
typically does not waiver tip fees for non-profit activities. Chairman Caster requested direction from
the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve
waiver of tip fees to the American Legion Post 10 for disposal of demolition materials from the old
American Legion Building at an estimated cost of $8,000.
Commissioner Davis spoke in favor of the request and stated he was proud that his father was
a veteran. Unfortunately in today’s society, veterans do not receive the consideration and respect
deserved.
Chairman Caster reported on the infrequency of waiving tip fees and stated he felt if this
request was approved, it would open the door for other non-profit agencies to make similar requests;
therefore, he could not vote in favor of the waiver.
Commissioner Birzenieks spoke in favor of the request and stated without veterans and their
personal sacrifices, Americans would not have the freedom they have today.
MOTION TO APPROVE
Chairman Caster called for a vote on the waiver of the tip fee to
the American Legion Post 10 for disposing of materials from demolition of the old American Legion
MOTION CARRIED AS FOLLOWS:
Building. Upon vote, the
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Vice-Chairman Greer
Voting Nay: Chairman Caster
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 312
RECOGNITION OF AMANDA GOTTHARDT AS WINNER OF THE HUMAN
RELATIONS THEME
Chairman Caster, on behalf of the Board, presented a plaque to Amanda Gotthardt for being
selected the winner of the Human Relations Month theme, which reads as follows:
“Let’s Come Together and Make a Difference for our Future.”
Pictures were taken of Ms. Gotthardt and members of her family. A round of applause was
given to Amanda.
PRESENTATION AND ACCEPTANCE OF THE ANNUAL REPORT OF THE NEW
HANOVER HUMAN RELATIONS COMMISSION
Director of Human Relations, Anthony Wade, presented the Annual Report of the New
Hanover Human Relations Commission. The report is a reflection of the fact that the Human
Relations Commission has worked to validate the public trust and faith placed in the Commission.
The continuing support of the County Commissioners and County Administration have greatly
benefitted the program.
Director Wade introduced the former Chairperson of the Human Relations Commission, Ms.
Bessie Funderburg.
Ms. Funderburg advised that she had been requested by Dr. Jack Manock to present the
Annual Report since he could not attend the meeting. She requested the Board to accept the report
as presented and stated the purpose of the Human Relations Commission was to protect the civil
rights of all citizens and promote harmony in the community. Appreciation was expressed to the
Board for support of the Human Relations Commission.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to accept the
Annual Report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster requested Director Wade to briefly discuss the National Coalition Building
Institute dialogue program that was being held in New Hanover County on February 14, 1998.
Director Wade advised the New Hanover Human Relations Commission will hold the National
Coalition Building Institute forum on the UNCW Campus on February 14, 1998, from 9:00 A.M.
until 3:00 P.M. The purpose of the program is to focus on how we can build a better community
through communication thereby increasing our sensitivity and awareness to all groups of people in
the community. Elected officials, educators, business leaders, and members of the media will be
invited. He expressed appreciation to the Board of County Commissioners for scheduling the forum.
ADOPTION OF PROCLAMATION DECLARING FEBRUARY 1998 AS “HUMAN
RELATIONS MONTH” IN NEW HANOVER COUNTY
“Human Relations
Chairman Caster read a proclamation declaring the month of February as
Month”
in New Hanover County. He requested a motion to adopt the resolution, and he encouraged
all persons to attend the events during the month of February.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the
“Human Relation Month”
proclamation as read and declare February 1998 as in New Hanover
County
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 15.
PRESENTATION OF RESOLUTION IN MEMORIAM TO MEARES HARRISS, JR. A
FORMER MEMBER OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Chairman Caster read a resolution in memoriam to Meares Harriss, Jr., a former member of
the New Hanover County Board of Commissioners. He requested a motion for adoption of the
resolution.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 313
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt the
resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster, on behalf of the Board, presented the resolution to Mrs. Mary Harriss in
recognition of the public service given to New Hanover County by former County Commissioner
Meares Harriss.
Mrs. Harriss expressed appreciation for this recognition and stated that Mr. Harriss enjoyed
serving on the Board of County Commissioners.
PRESENTATION BY CHURCHILL ESTATES HOMEOWNERS CONCERNING A
HOUSING DEVELOPMENT PROJECT
Planning Director, Dexter Hayes, reported the plan originally approved in March 1987
consisted of a combination of single family lots, detached housing, and multi-family housing. The
request was for construction of 504 units on the tract of land. The Planning Board, at that time,
approved the high density development for construction of 260 units. The majority of development
has been construction of 50 single-family dwellings along Jason Lane and Cheryl Lane. A multi-
family section was approved on Reed Court, called Heathfield Hall, in the northeast corner of the
property. This project consisted of 36 townhouse units with 24 units completed and one building to
be constructed.
In November 1996, a revised preliminary plan was submitted by G & F Construction
Company to change the name for a portion of the property to Deer Brook. This revision was for
construction of the balance of the project and consisted of 150 attached dwellings and 24 single-
family units. Some of the multi-family dwellings are presently under construction, but have not been
recorded. Since 1987, the developer has kept the project active by bringing in sections or phases of
the overall project. The County allows the project to remain active if portions are submitted at
interim periods.
Chairman Caster requested Planning Director Hayes to explain the changes that have occurred
since this project was approved.
Planning Director Hayes responded that two major changes had been made in the zoning
regulations: (1) a Special Use Permit must be approved by the Board of County Commissioners for
all high density projects; and (2) high density projects are not permitted on major thoroughfares or
aerials, such as North Kerr Avenue.
Commissioner Howell asked if any major changes had been made in the original plan?
Planning Director Hayes responded that staff does not feel any major changes have been made
in the revisions to the plan because the number of units were not increased, the amount of acreage
did not change, and the traffic circulation was not changed.
County Attorney Copley advised the developer obtained the necessary permits and met all
conditions and requirements for the high density project before zoning regulations were changed;
therefore, the developer has a vested right and legally can proceed with the high density development.
If the County should try to nullify the permit, a legal liability will be incurred by New Hanover County
because the development was approved and vested before the zoning ordinance was changed. The
County would be liable for the money expended by the developer, including the purchase the land.
Mr. Arthur J. Jecha, 828 Grathwol Avenue, presented a petition of over 200 signatures, and
he requested the Board of County Commissioners to stop the high density construction in Deer
Brook. He requested all homeowners present to stand-up, and he presented pictures of Deer Brook
with copies of the original plat approved in March 1986. The revision to the plan was submitted in
February 1987 with approval of the revised plan on March 23, 1987. The plan called for fourteen
buildings, five units per building, for a total of 70 units. This did not include all of Churchill Estates,
only that unimproved tract of land (now known as Deer Brook). The developer filed another
preliminary plan changing from 70 low density units to 168 high density units to be
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 314
constructed on the same parcel of land. The homeowners are opposed to the revised plan for the
following reasons:
(1)Traffic Hazard to the General Public: The proposed project is in a high density area with 168
to 200 automobiles that will merge onto Grathwol Drive at the rush hour along with 200
other vehicles driven by residents living in Churchill Estates and surrounding subdivisions. To
allow additional traffic from these units will create a traffic hazard to the traveling public at
the ingress and egress from Kerr Avenue into Churchill Estates where Deer Brook is located.
(2)Residents Deprived of Constitutional Rights: The change from a low density plan, filed
originally in 1987 by Mr. Bill Grathwol, to a high density plan filed in 1996 allowed for the
proposed high density project because the plan was grandfathered in. When inquiring about
the number of units to be placed in Deer Brook, the homeowners were informed that nothing
could be done about the units to be constructed on the property because of the grandfather
clause. The residents feel they have been deprived of their constitutional rights because the
plan reverted back to 1987.
(3)Misrepresentation by the Developer and Realtors About Future Land Uses: When
purchasing lots, the homeowners were not told about future plans for high density
development. The residents feel they were mislead and would not have purchased lots in
Churchill Estates if the realtors and developer had informed them about the proposed high
density project, which will devalue surrounding properties.
Mr. Jecha asked County Attorney Copley if the residents were denied their constitutional
rights by not having a voice in what was going to be placed in the subdivision in 1997?
County Attorney Copley sympathized with the residents, but stated from a legal aspect, the
County regulations were met when the project was originally approved; therefore, when the plan was
revised in 1997, the developer had a vested right.
Mr. Jecha advised that Deer Book was in the 100 year flood plain and lies adjacent to Smith
Creek, which is a natural resource area. On November 1, 1993, the New Hanover County Board of
Commissioners adopted a Land Use Plan, which states that residential density in this type of area
cannot exceed 2.5 units per acre.
In closing, Mr. Jecha requested the Board to question why Mr. Grathwol sold the property
in bits and pieces in 1997 to Nathan Sanders with the grandfather clause remaining in effect. If the
developer is allowed to construct high density units in a natural resource area, in a 100 year flood
plain, and in a high traffic area, the developer is endangering the health and public safety of the entire
county.
Chairman Caster asked if the developer was switching from low density to high density?
Planning Director Hayes responded the original project was approved as a high density project
in 1987 for 260 units. The number of units have not changed under the revisions to the plan.
Mr. Monty Bombelyn, a resident of 4445 William Louis Drive, reported in 1987, it was his
understanding that the project was not zoned for high density development; therefore, if it was
originally zoned high density, he was totally mislead by the realtor.
Planning Director Hayes responded he was not aware of how the property was marketed or
presented; however, the project was approved as a high density development under County
regulations. The maps and sections along Cheryl Lane and Jason Lane are recorded as high density
lots.
Vice-Chairman Greer asked if the builder could submit a plan and later sell the entire
development?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 315
Planning Director Hayes responded pieces of the project or the entire development can be sold
as long as the sections are consistent with the original plan.
Vice-Chairman Greer expressed appreciation to Mr. Jecha for making an excellent
presentation. He explained that in the past, developers had the authority to place high density
projects in areas without approval by the Board of County Commissioners. In 1987, the developer
applied to the Planning Board and was authorized to construct 504 units on the tract of land, but the
developer submitted a plan for construction of 260 units. Since that time, the current Board has
realized that the approval process was not fair to property owners in many instances, and the
regulations were changed to require the developer to appear before the Board of County
Commissioners to obtain a Special Use Permit for a high density project. At the same time, the Board
recognized that a more reasonable time frame should be specified for construction activity to occur
on an approved plan. The Board changed the regulation, and now requires some form of
construction activity every two years on an approved plan. Unfortunately, Deer Brook was approved
before these changes occurred, and the County is not in the position to stop construction of the
project.
Ms. Michelle Bruce, a resident of 4447 William Louis Drive, advised that major alterations
had been made to the original plan for high density development. Legally, it appears the tract of land
was developed into single-family residents and now this area is being developed into high density
units under the grandfather clause. The townhouses located in the neighborhood are lovely and fit
into surrounding development; however, the proposed project is not multi-family dwellings, it is small
apartments, which is like placing Fawn Creek in Landfall. How can a plan be changed and at the
same time be grandfathered in to allow for this type of development to occur on the Deer Brook tract.
Commissioner Birzenieks requested the County Attorney to clearly define the legal options
for the County.
County Attorney Copley responded according to North Carolina General Statutes, a vested
right means the right to undertake and complete the development and use of property under the terms
and conditions of an approved site-specific development plan or an approved phase development plan.
This means that if Mr. Grathwol has sold the development to Mr. Nathan Sanders, the vested right
runs with the land. From the County’s position, the site development was approved by the Planning
Department and Planning Board according to County regulations; therefore, the developer has a
vested right. The County will suffer a legal liability if the construction permit is revoked.
Commissioner Birzenieks asked how relief could be provided to the property owners?
County Attorney Copley responded the homeowners will have to hire legal counsel to pursue
the matter through the courts.
Discussion followed on time frame regarding construction activity. Mr. Jecha advised that
no activity had occurred on the site for the past five years, and he stated if the original plan had been
constructed, the residents would be satisfied; however, someone became greedy and requested the
Planning Board to approve 144 units.
Chairman Caster requested Planning Director Hayes to explain the meaning of construction
activity.
Planning Director Hayes advised that once a project is approved, the developer has two years
to begin construction and the project must remain active. If there is a two-year lapse with no activity
or recording of a phase or section on the property, the project would lapse. In this case, Mr.
Grathwol would bring in one or two sections to keep the project active.
Discussion followed on whether the plan was originally approved as a high density project.
Planning Director Hayes responded the original plan approved in 1987 was high density for the entire
project and has remained high density. In 1996, there was a revision to the plan regarding the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 316
attached housing around the pond, which was before the Special Use Permit process was adopted by
the Board of County Commissioners. Staff feels that no major changes have occurred because the
number of units remained the same, no change occurred in the traffic flow, and no change occurred
in the acreage. The 1996 revision involved a final design of the drainage, which is still a circular route
off Grathwol Drive. Some single lots have been reallocated along the frontage of Grathwol Drive
in lieu of a lake. Staff did not feel these revisions were major changes.
Mr. Steve Neal, a resident of 905 Cheryl Lane, advised the entire neighborhood had been
marketed under false pretense. Many residents talked to Mr. Grathwol, and the property owners
were told townhouses would be constructed in the area with a pond and rumors of a park. No
discussion occurred on 260 units being crammed on the Deer Brook site. If the property owners had
known about the future use of the land, the lots would have not been purchased. For the past eight
years, everyone in the neighborhood has questioned what would be placed on this tract of land. The
residents have been deceived about future land use and to market the neighborhood as single-family
homes is not right.
Commissioner Birzenieks asked if it would be possible to temporarily halt the project and
request the Planning Board to determine what level of activity has occurred on the site?
County Attorney Copley responded the question to answer is whether any substantial changes
have occurred to the plan that would forfeit the developer’s vested right.
Commissioner Birzenieks requested a definition of a substantial change.
Planning Director Hayes explained the criteria outlined in subdivision and zoning regulations
define a substantial change when density increases, the number of units increase, the traffic circulation
is changed, or there is an increase in the acreage. These types of changes did not occur with the
revisions to the plan.
Commissioner Davis requested an explanation of how the plan is kept active.
Planning Director Hayes advised there was an administrative procedure in place. When a
preliminary plan approval occurs, all documents are stamped and dated. Each action has a recorded
date.
Mr. Joseph Wood, a resident of 1125 Cheryl Lane, strongly objected to placing units of 400
to 500 square feet on this land, which will be in his back yard. If the original plan had been followed,
the residents would not be dissatisfied. He requested the Board to visit the area and see the size of
the units.
Mr. Charles Carter, a resident of Amelia Court, expressed concern for being deceived by the
developer and real estate companies when purchasing homes in Churchill Estates. Approximately a
year ago, he was told that townhouses would be placed on the site. To construct units 400 square
feet in size in lieu of 1,500 square feet is a tremendous amount of difference in value. Traffic will
greatly increase and become more of a safety hazard to children and elderly residents living in the
neighborhood.
Ms. Tracy Roberts, a resident of 704 Cheryl Lane, advised that homeowners had restricted
covenants and stated in the first article it clearly stated that lots would be used for single-family
homes. She requested the County Attorney to explain how the covenants could be disregarded.
County Attorney Copley informed Ms. Roberts that New Hanover County was not involved
with restricted covenants; however, the property owners may want to consider hiring an attorney to
sue for enforcement of restricted covenants. The covenants were given by the developer to the
purchaser.
Commissioner Davis asked the County Attorney if the County had any authority or
justification to temporarily stop the Deer Book project?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 317
County Attorney Copley responded the Planning Director could go through the check list and
history of the approval process to see if the developer had met all County requirements. If it was
found that a regulation has not been met by the developer, the vested right would be negated.
Commissioner Davis asked Planning Director Hayes if all requirements had been met?
Planning Director Hayes responded all County requirements had been met by the developer.
Motion:
Commissioner Birzenieks MOVED to request the developers to sit down with the Planning
Staff and residents of Churchill Estates to review the project and temporarily stop construction during
the review period.
Vice-Chairman Greer stated he would like to second the motion, but he did not feel the
motion was legal.
County Attorney Copley reported the Board could request Mr. Grathwol and Mr. Sanders
to meet with the residents of Churchill Estates to see if some of the concerns could be resolved.
Chairman Caster expressed concern for stopping the project and asked if there was a
SECOND to the motion. NO SECOND WAS RECEIVED AND THE MOTION FAILED.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to request Mr. Bill
Grathwol and Mr. Nathan Sanders to meet with residents of Churchill Estates and members of the
Planning Staff to discuss the details of the project to see if some relief can be provided to residents.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster expressed appreciation to the representatives of Churchill Estates for
attending the meeting and presenting their concerns.
BREAK
Chairman Caster called a break from 7:45 P.M. until 8:05 P.M.
CERTIFICATE OF APPRECIATION PRESENTED TO MS. PATRICIA MELVIN FROM
PROGRESSIVE TRANSPORTATION SERVICE
Chairman Caster reported that he, Vice-Chairman Greer, and Commissioner Howell attended
a reception held by Progressive Transportation Service, the new operator of the New Hanover
County Human Services Transportation System, to meet the officials of the company and drivers of
the vans. Some Certificates of Appreciation were distributed and one was presented to Ms. Patricia
Melvin, Assistant to the County Manager, in grateful appreciation and recognition of her assistance
during FY1997-98.
Chairman Caster requested Ms. Melvin to step forward to receive the Certificate of
Appreciation. On behalf of the Board, he congratulated Ms. Melvin for the excellent work given in
administering the transportation system for New Hanover County.
ADOPTION OF RESOLUTION TO EXEMPT THE WILMINGTON/HANBY BEACH
PROJECT FROM THE REQUIREMENTS OF CHAPTER 143, ARTICLE 3D, PURSUANT
TO NCGS 143-64.32(B)
Finance Director, Bruce Shell, requested the Board to adopt a resolution to allow the New
Hanover County Water and Sewer District to exempt itself from the normal requirements for
obtaining the services of an engineering firm for the Wilmington/Hanby Beach project. This approach
is recommended because some preliminary work has been performed by Engineering Services, PA,
which will result in a cost savings to the District.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt a
resolution to allow the New Hanover County Water and Sewer District to exempt itself from the
normal requirements for obtaining the services of an engineering firm pursuant to NCGS 143-64(b).
Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 318
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 15.
COMMITTEE APPOINTMENTS
Appointments to the Adult Care Home Community Advisory Committee
Clerk to the Board, Lucie F. Harrell, reported the number of members for the Adult Care
Home Community Advisory Committee had been increased from 13 members to 16 members
pursuant to N. C. General Statutes. The Commissioners are required to appoint 13 members with
the Administrators of Adult Care Homes appointing 3 members to serve on the committee. Fifteen
applications were received and one applicant, Dolly Mack, has withdrawn her application because her
husband is ill. The Adult Care Home Administrators have not nominated any appointees; however,
names should be received in the near future.
Chairman Caster opened the floor to receive nominations.
Commissioner Birzenieks nominated Grace F. Avery. The nomination was seconded by
Chairman Caster.
Commissioner Birzenieks nominated Jewell Ann Diehn. The nomination was seconded by
Commissioner Howell.
Chairman Caster nominated Lois Fox. The nomination was seconded by Vice-Chairman
Greer.
Vice-Chairman Greer nominated Jane B. Johnson. The nomination was seconded by
Commissioner Birzenieks.
Vice-Chairman Greer nominated Dorothy Gail Lamb. The nomination was seconded by
Chairman Caster.
Vice-Chairman Greer nominated Josephine W. Little. The nomination was seconded by
Commissioner Birzenieks.
Commissioner Birzenieks nominated Michael W. Rogers. The nomination was seconded by
Chairman Caster.
Chairman Caster nominated Richard I. Salwitz. The nomination was seconded by Vice-
Chairman Greer.
Vice-Chairman Greer nominated Louise C. Siler. The nomination was seconded by
Commissioner Howell.
Vice-Chairman Greer nominated Fred Spain. The nomination was seconded by Commissioner
Birzenieks.
Vice-Chairman Greer nominated Edith Ann Bell Steele. The nomination was seconded by
Commissioner Howell.
Chairman Caster nominated Doris Lancaster Thompson. The nomination was seconded by
Vice-Chairman Greer.
Chairman Caster nominated Carla H. Turner. The nomination was seconded by Vice-
Chairman Greer.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote: VOTED UNANIMOUSLY
The Board to appoint the following persons to serve on the Adult
Care Home Community Advisory Committee with assignment of the following terms:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 319
Grace F. Avery1-year term to expire 2/28/99
Jewell Ann Diehn1-year term to expire 2/28/99
Lois Fox1-year term to expire 2/28/99
Jane B. Johnson3-year term to expire 2/28/2001
Dorothy Gail Lamb3-year term to expire 2/28/2001
Josephine W. Little3-year term to expire 2/28/2001
Michael W. Rogers1-year term to expire 2/28/99
Richard I. Salwitz1-year term to expire 2/28/99
Louise C. Siler3-year term to expire 2/28/2001
Fred Spain3-year term to expire 2/28/2001
Edith Ann Bell Steele3-year term to expire 2/28/2001
Doris Lancaster Thompson 1-year term to expire 2/28/99
Carla H. Turner1-year term to expire 2/28/99
Appointments to the Nursing Home Community Advisory Committee
Clerk to the Board, Lucie F. Harrell, reported the Nursing Home Community Advisory
Committee had increased from 8 members to 13 members pursuant to North Carolina General
Statutes. The Commissioners are required to appoint 11 members and the Nursing Home
Administrators are required to appoint two members. Eleven applications have been received, and
the Nursing Home Administrators have nominated Teresa D. Goldston and Ernst M. Swart as their
representatives.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to appoint the
following persons to serve on the Nursing Home Community Advisory Committee and ratify the
appointment of Teresa D. Goldston and Ernest M. Swart as representatives for the Nursing Home
Administrators:
Catherine R. Davis1-year term to expire 2/28/99
Deidre B. Freeman1-year term to expire 2/28/99
Edward V. Grace3-year term to expire 2/28/2001
Anne Hardaway3-year term to expire 2/28/2001
John M. Horton3-year term to expire 2/28/2001
Clara W. Lamb1-year term to expire 2/28/99
Herb McDuffie1-year term to expire 2/28/99
Eileen B. Rock1-year term to expire 2/28/99
John D. Sabo1-year term to expire 2/28/99
Kathy Viveona1-year term to expire 2/28/99
Lyn Williams-Yow3-year term to expire 2/28/2001
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session to hold a meeting of the New Hanover
County Water and Sewer District from 8:19 P.M. until 8:31 P.M.
APPROVAL OF PROJECT TO UPFIT AND IMPROVE THE NEW HANOVER COUNTY
HISTORIC COURTHOUSE
County Manager O’Neal reported on the need to upfit and improve the New Hanover County
Historic Courthouse. A list of items needed for the interior and exterior were presented. The
Convention and Visitors Bureau has identified a need to install display cases, counters, furniture and
accessories. This need should be incorporated into the planning and specifications with the
Convention and Visitors Bureau paying for the actual personal property. All painting, wiring, etc.
should be considered as a county expense. The lower level of the building is inefficiently used and
should be redesigned.
County Manager O’Neal requested the Board to authorize development of the RFQ process
for the selection of an architect with sensitivity to historic buildings; (2) approve the associated
budget amendment for hiring an architect; and appoint a committee for the purpose of selecting an
architect and serve as the Project Committee. The following persons were recommended to serve
on the Project Committee: (1) one County Commissioner; (2) Lucie F. Harrell, Clerk to the Board;
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 320
(3) Janet Seapker, Museum Director; (4) Judith Grizzel, CVB Director; (5) County Engineer Wyatt
Blanchard, or designee; and (6) County Manager Allen O’Neal, or designee.
Commissioner Birzenieks spoke in favor of the upgrade and asked who would be using the
building other than the County Commissioners?
County Manager O’Neal responded that a change could occur with the space used by the
Board of Elections and two functions of the Register of Deeds office. At the retreat, the Board
generally agreed to move forward with a space study by BMS Architects; therefore, if the lower floor
of the Courthouse is redesigned, this project will be coordinated with the space study.
Vice-Chairman Greer cautioned changing the design of the building to create space, which
could destroy the integrity of the building. He also objected to spending $50,000 for hiring an
architect.
Commissioner Birzenieks asked if the Assembly Room would be used for meetings only, or
for other purposes? County Manager O’Neal responded when the Assembly Room is upgraded,
other activities would be curtailed because of the need to maintain the room as well as protect the
sound equipment.
Commissioner Birzenieks recommended developing a policy for use of the Assembly Room.
Chairman Caster referenced the beauty of the room and the need to preserve it in the correct
manner and stated the necessary wiring should be installed to use current and future equipment.
After further discussion, County Manager O’Neal emphasized the importance of moving
forward with selecting an architect so funding can be included in the FY 1998-99 Budget. He
recommended appointing the Project Committee to begin the architect selection process with the cost
being negotiated. Once the final price has been determined, the contract will be presented to the
Board for approval.
Motion:
After further discussion Chairman Caster MOVED, SECONDED by Commissioner
Birzenieks, to authorize the development of the RFQ process for the selection of an architect with
sensitivity to historic buildings and appoint a Project Committee comprised of the following persons:
(1) County Commissioner Charles R. Howell; (2) Clerk to the Board, Lucie F. Harrell; (3) Museum
Director, Janet Seapker; (4) CVB Director, Judith Grizzel; (5) County Engineer, Wyatt Blanchard
or his designee; and (6) County Manager Allen O’Neal, or his designee. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS
AWARD OF CONTRACT #98-0169 TO STORMWATER RECONSTRUCTION SERVICES,
INC. TO REMOVE HURRICANE DEBRIS FROM DRAINAGE WAYS IN THE COUNTY,
ADOPTION OF ACCESS RESOLUTION, AND APPROVAL OF BUDGET AMENDMENT
#98-0016
Deputy County Manager, Dave Weaver, requested the Board to award the contract to
Stormwater Reconstruction Services, Inc. in the amount of $106,820 to removehurricane debris from
drainage ways throughout the county, adopt a resolution to extend the period of time allowed for
access on private property; and approve the associated budget amendment for the project. He
advised the following bids were received:
L&D Contracting, Inc. $130,000
Stormwater Reconstruction Services, Inc.$106,820
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to award the
bid to Storm Reconstruction Services, Inc., the low bidder, in the amount of $106,820, approve the
associated budget amendment, adopt the access resolution, and authorize the Chairman to execute
the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 321
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 15.
A copy of the contract is on file in the Legal Department.
Budget Amendment #98-0116 - Emergency Management/Hurricane Preparedness
DebitCredit
Emergency Management/Hurricane Preparedness
Natural Resources & Conservation Services $130,000
Contracted Services $130,000
Purpose:
To budget Natural Resources Conservation Services funding for contracting to clean
hurricane debris from a number of drainage ways scattered throughout the county.
APPOINTMENT OF FIVE MEMBERS TO SERVE ON THE PROJECT OVERSIGHT
COMMITTEE IN CONJUNCTION WITH THE CAPE FEAR RIVER CORRIDOR
PLANNING EFFORT
Chairman Caster reported that a letter had been received from Mr. Don Eggert, Chairman
of the Project Oversight Committee for the Cape Fear River planning efforts. He advised that Mr.
Eggert has requested the Board to appoint the five members appointed to the original Project
Oversight Committee.
Chairman Caster requested direction from the Board.
Consensus:
After discussion, it was the consensus of the Board to appoint the five original members,
Chairman William A. Caster; Vice-Chairman Robert G. Greer; Planning Director, Dexter Hayes;
Assistant Planning Director, Patrick Lowe, and Planner, Chris O’Keefe to serve on the Project
Oversight Committee. The Clerk to the Board was requested to advise Mr. Eggert of the
appointments.
DISCUSSION OF GROUP HOME BEING LOCATED ON LONG RIDGE DRIVE
Chairman Caster reported that Mr. Phil Raynor, a resident of 132 Long Ridge Drive, had
called about the location of a group home adjacent to his property that will keep several teenage boys.
The house was recently sold to a lady who has rented the dwelling to doctors from Jacksonville,
North Carolina, for operation of the group home. Mr. Raynor and his neighbors are very concerned
about the lack of notification to the neighborhood, and have asked if a group home can be placed in
a residential community with no prior notice or input from the residents.
Planning Director Hayes advised that NCGS 168.1, enacted several years ago, removed local
jurisdiction authority to regulate a residential care facility for no more than six individuals that are
physically or mentally handicapped. The State Law allows the homes by right and preempts any
restricted covenants within a subdivision. No public notice is required by the State. The purpose of
the legislation is to place these individuals in homes instead of institutions. There are several group
homes throughout New Hanover County.
Consensus:
After discussion, it was the consensus of the Board for the County Manager to write a
letter to Mr. Raynor explaining the State Statute governing the location of group homes.
SELECTION OF TENTATIVE DATE TO MEET WITH THE NEW HANOVER COUNTY
BOARD OF EDUCATION
Consensus:
After discussion, it was the consensus of the Board to tentatively schedule a meeting
with the New Hanover County Board of Education on February 16, 1998, following the regular
meeting of the Board of County Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 322
DISCUSSION OF COMPUTER TRAINING SESSIONS FOR THE COUNTY
COMMISSIONERS
County Manger O’Neal reported after discussion with the MIS Director, it was felt that one-
on-one training would be more convenient for each County Commissioner. He advised the MIS staff
would be glad to schedule training sessions as requested.
The Board agreed that each Commissioner could schedule a training session as needed.
DISCUSSION OF APPOINTING MEMBERS TO SERVE ON THE WILMINGTON-NEW
HANOVER COUNTY COMPREHENSIVE PLAN STEERING COMMITTEE
Planning Director, Dexter Hayes, presented a list reflecting the members of the original Ad
Hoc Committee and the additional appointments to complete the Steering Committee. He requested
the Board to finalize the committee appointments since a luncheon meeting was scheduled for
February 9, 1998.
Chairman Caster inquired as to how the Chamber planning group could be involved in the
Steering Committee?
Planning Director Hayes advised the Chamber group was already involved with
subcommittees. It is felt that a smaller Steering Committee should be appointed to oversee the
subcommittees.
Commissioner Howell expressed concern about the lack of expertise in planning and stated
the members appointed do not have any knowledge of planning rules and regulations. He stressed
the importance of appointing professional people with planning expertise, such as Larry Sneeden or
Dan Dawson to serve on the Steering Committee.
Consensus:
After further discussion, it was the consensus of the Board to request Commissioner
Howell to recommend a person to fill the County Neighborhood Representative At-Large vacancy
at the regular meeting to be held on February 16, 1998.
Planning Director Hayes recommended obtaining a facilitator to assist the Steering
Committee. He introduce Mr. Glenn Harbeck, who is nationally known for his planning expertise,
and stated that he has agreed to serve as the facilitator.
REPORT ON ACTIVITIES AT NEW HANOVER REGIONAL MEDICAL CENTER
Commissioner Birzenieks reported that a rumor was circulating about the Medical Center
purchasing Columbia Cape Fear Memorial Hospital. He advised this statement was not true;
however, a letter has been forwarded to HCA corporate headquarters expressing an interest in having
the first right of refusal.
Commissioner Birzenieks advised the Medical Center Board of Trustees has authorized Dr.
Atkinson to investigate the possible acquisition of the CP&L building on Eastwood Road to be used
as a clinic. Also, the Trustees authorized the acquisition of three physicians practices; however, he
expressed opposition to the purchase.
REPORT ON THE SOUTHEASTERN CENTER
Commissioner Davis advised there are five vacancies on the Southeastern Center Area Board
with three members eligible for reappointment. He requested the Board to ratify the reappointment
of Mary Hatcher, Frank Hickman, and Sylvia Polgar to serve four-year terms. The remaining
vacancies will need to be filled by New Hanover County.
Commissioner Davis requested the Clerk to the Board to contact the Director of the
Southeastern Center regarding the need to advertise for vacancies.
Clerk to the Board, Lucie F. Harrell, stated she would be glad to check into the matter and
report back to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 2, 1998PAGE 323
Consensus:
It was the consensus of the Board to ratify the reappointment of Mary Hatcher, Frank
Hickman, and Sylvia Polgar to serve four-year terms on the Southeastern Center Area Board.
REPORT ON FILM COMMISSION MEETING
Vice-Chairman Greer reported on attending a meeting with the Film Commission and advised
a report would be made by Attorney George Rountree, III at the February 16, 1998 meeting. It
appears the Southeast Region has received less money than anticipated. It is hoped the shortfall can
be handled within the Film Commission. The Board may need to adopt a resolution to encourage the
General Assembly to fund the Southeast Economic Development Zone on a more equitable basis.
REPORT ON RABIES CONTROL FEE
Vice-Chairman Greer advised that discussion was held with Dr. Dennis Jackson about the
$9.00 rabies control fee to be charged to property owners. He advised that he would be meeting
with Dr. Jackson, Health Director Rice, and Deputy County Manager Atkinson to discuss other
options. The Board will be informed of any recommendations.
REPORT ON THE 10TH AND CASTLE STREET AREA
Commissioner Howell reported on driving through the 10th and Castle Street area and stated
he did not feel safe in this section of town. Emphasis was placed on the need to provide protection
from crime to children attending Gregory and Williston schools even if the property at the corner of
10th and Castle Street has to be purchased by the County.
Commissioner Birzenieks stated the quality of education received at Gregory and Williston
schools was exceptional; however, protection must be provided to the students.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Chairman Caster, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 9:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board