1998-04-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 382
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April
7, 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
Mr. Billy Donlon, a member of the UNCW Men’s Basketball Team, gave the invocation.
Ms. Adrienne Sutton, a member of the UNCW Women’s Swimming and Diving team, led the
audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
Mr. Bernard Moses, a resident of Gordon Woods Subdivision, presented a petition with 75
signatures of residents living in the subdivision that are opposed to re-establishment of a group home
for mentally impaired persons in their neighborhood. He advised the former home was not properly
supervised and stated when the home was burned, the subject arrested stated that when he gets angry,
he likes to burn things.
In closing, Mr. Moses expressed concern for the safety of residents living in Gordon Woods
Subdivision. He requested the Board to review the regulations governing these homes and place this
item on the May 4, 1998, agenda.
Consensus:
It was the consensus of the Board to direct the County Manager to place this item on
the agenda for May 4, 1998.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested removal of Consent Agenda Item 12 until the next meeting so he
could have more time to study the issue.
Commissioner Birzenieks requested removal of Consent Agenda Item 2 for further discussion.
Vice-Chairman Greer requested removal of Consent Agenda Item 3 for further discussion.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to remove
Consent Agenda Item 12 with placement of this item on the next agenda, remove Consent Agenda
Items 2 and 3 for further discussion, 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 the minutes of the regular meeting of March 23, 1998, as
presented by the Clerk to the Board.
Acceptance of 1997-98 EEOC Grant - Human Relations and Approval of Associated Budget
Amendment #98-0146
The Commissioners accepted the award of the 1997-98 EEOC grant in the amount of $27,200
to the Human Relations Department and approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 383
Budget Amendment #98-0146 - Human Relations
DebitCredit
EEOC Grant $2,700
Advertising$1,500
Travel and training 1,200
Purpose:
To increase the budget to reflect the amount of the rollover amount from FY 1996-97 plus
the amount of the new award for FY 1997-98.
Approval of Budget Amendment #98-37 - Federal Forfeited Property Capital Project -
Sheriff’s Department
The Commissioners approved the following budget amendment:
#98-37 - Federal Forfeited Property Capital Project
DebitCredit
Federal Forfeited Property $18,360
Capital Project Expense$18,360
Purpose:
To increase the budget for additional revenue received on March 12, 1998. Federal
Forfeited Property funds are budgeted as received and must be used for law enforcement activities
as the Sheriff deems necessary.
Approval of Budget Amendment #98-0149 - Health/Child Health/Lab - Health Department
The Commissioners approved the following budget amendment:
#98-0149 Health/Child Health/Lab
Debit Credit
Partnership for Children Grant $4,300
Departmental Supplies$ 600
Lab:
Departmental Supplies 3,700
Purpose:
To budget additional funds received for the Lead Poisoning Prevention Education Program
through Glaxo Wellcome and the North Carolina Partnership for Children.
Budget Amendment #98-0150 - Emergency Management/EM Hurricane Expense
The Commissioners approved the following budget amendment:
#98-0150 - Emergency Management Hurricane Expense
DebitCredit
EM/Hurricane Expense
Contracted Services $ 9,383
Emergency Management
Hurricane Expense 10,450
Contracted Services 12,500
Motor Vehicle Purchases$32,333
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 384
Purpose:
To transfer funds within the Public Safety function to purchase a used vehicle as
replacement for the community mobile command post unit. The current unit is in such poor condition
that repairing it would not be cost-effective. The mobile command unit provides on-scene
coordination of emergency operation events.
Approval of Budget Amendment #98-0151 - Health/Various - Health Department
The Commissioners approved the following budget amendment:
#98-0151 - Health/Various
DebitCredit
Maternal Health
Title XIX Maximization $60,493
Health/Administration
Contracted Services$ 4,069
Postage 2,000
Departmental Supplies 759
Child Health Services Coordinator
Contracted Services 6,000
Cellular Expense 700
Departmental Supplies 1,000
Employee Reimbursement 2,600
Training & Travel 3,000
Maternal Health
Contracted Services 1,500
Departmental Supplies 11,938
Training & Travel 1,500
Capital Outlay - Equipment 25,427
Purpose:
To budget additional Title XIX (Medicaid) Maximization Project funds for Health
Department services.
Approval of Co-Sponsorship of the Annual Port of Wilmington Maritime Day Celebration
The Commissioners approved co-sponsoring the annual Port of Wilmington Maritime Day
Celebration to be held on May 16, 1998 by donating an amount not to exceed $1,500 to provide three
additional buses for the event. The City of Wilmington has donated three transit buses. The funding
will be paid from the miscellaneous account in the non-departmental section of the budget.
Adoption of Resolution to Participate in the North Carolina Beaver Management Assistance
Program
The Commissioners adopted a resolution to seek participation in the statewide Beaver
Management Assistance Program at a cost of $4,000 per year. If participation is approved by the
General Assembly, staff is authorized to process the related budget amendment. Beaver damage
contributes to drainage and flooding of ditches and road failures in many areas of the county. The
N. C. Wildlife Resources Commission administers the program, which educates the public and
landowners about strategies available for handling beaver activity or damage on their properties. The
program is jointly funded by the N. C. Wildlife Resources Commission, N. C. Department of
Transportation, participating jurisdictions, and private landowners.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 19.
Adoption of Citizen Participation Plan for the Wilmington-New Hanover County
Comprehensive Plan/CAMA Land Use Plan Update
The Commissioners adopted the updated Citizen Participation Plan for the Land Use Plan
Update. The purpose of the plan is to insure that a variety of educational efforts and participation
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 385
techniques are used to seek out and incorporate all segments of the community in the formulation and
development of the Comprehensive Plan.
A copy of the plan is on file in the Planning Department.
APPROVAL OF NEW ASSISTANT DIRECTOR POSITION IN THE ELECTIONS
DEPARTMENT (CONSENT AGENDA ITEM 2)
Commissioner Birzenieks inquired as to the number of employees in the Elections
Department?
County Manager O’Neal responded there are three full-time employees in the Elections
Department.
Commissioner Birzenieks commented on having only three employees and asked if the
position should be an Assistant Director in lieu of additional employees?
County Manager O’Neal advised the trend throughout the State of North Carolina was to
have an Assistant Director of Elections because of the level of competency required in the
department. The workload and technology required elevates this position beyond the clerical or
registrar level. Human Resources has reviewed the position and feels the position is needed. Also,
in the absence of the Director, a person should be fully trained to take over the department.
Commissioner Birzenieks explained that he was not opposed to the Assistant Director
position, but he felt more employees were needed in the Elections Department.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
new Assistant Director position in the Elections Department. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ACTION DEFERRED ON THE CONTRACT WITH THE CITY OF WILMINGTON FOR
FIRE APPARATUS MAINTENANCE (CONSENT AGENDA ITEM 3)
Vice-Chairman Greer requested an opportunity to review the contract before taking action,
and he recommended placing this item on the next agenda.
Consensus:
It was the consensus of the Board to defer action on this item until the April 20, 1998,
meeting.
DISCUSSION OF CONSENT AGENDA ITEM 12, RESOLUTION REGARDING THE
REMOVAL OF LOCKS AND DAMS FROM THE CAPE FEAR RIVER
County Manager O’Neal asked Chairman Caster if additional information should be presented
when resubmitting the resolution on the agenda for April 20, 1998?
Chairman Caster advised that if the U. S. Corps of Engineers decides to remove the locks and
dams, the federal government will save $1,500,000; however, the state and local governments could
be negatively impacted by this action. Everyone complains about the increased size of the federal
government, and now when money can be saved on the federal level, the state and local governments
are opposed to this action. The question to decide is whether the locks and dams project should be
kept. He advised a reasonable and sensible study should be made to determine what is best for the
area.
County Manager O’Neal noted that he had discussed this item with Dr. Delilah Blanks, a
Bladen County Commissioner, who was well informed on the subject, and he offered to provide
additional information.
Chairman Caster stated he did not need additional information, but he did need more time to
thoroughly review the issue before taking action.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 386
PRESENTATION OF THE JOHN M. DOLAN VOLUNTEER FIREFIGHTER OF THE YEAR
AWARD
Commissioner Howell, the Board’s representative on the New Hanover County Board of Fire
Commissioners, presented the John M. Dolan Volunteer Firefighter of the Year Award to Lieutenant
Dan Jackson of the Castle Hayne Volunteer Fire Department. He advised that Lieutenant Jackson
was in his fifth year with the Castle Hayne Volunteer Fire Department and was employed by General
Electric in the Aircraft Engine Group. Since joining the department, Lieutenant Jackson has
distinguished himself by attending an average of 50% of all fire calls and 90% of all training sessions.
During 1997, he attended 173 hours of training.
Commissioner Howell requested the members of the Dolan family to step forward, and he
presented a plaque and fire service jacket to Lieutenant Jackson for his outstanding service.
A round of applause was given to Lieutenant Jackson.
PRESENTATION OF A FOUR-YEAR ENVIRONMENTAL ANALYSIS OF NEW
HANOVER COUNTY TIDAL CREEKS PERFORMED BY THE UNCW CENTER FOR
MARINE SCIENCE RESEARCH
Dr. James Merritt, expressed appreciation to the Board of County Commissioners and
Planning Staff for an opportunity to present the fourth annual report on the study of tidal creeks in
New Hanover County. During the past four years, a partnership has been created among the New
Hanover County Planning Staff, the Northeast New Hanover Conservancy, and the University of
North Carolina at Wilmington. This partnership and the results produced serves as a model for other
counties throughout the State of North Carolina. The program had a modest beginning in 1992 with
a study of Futch Creek. In 1993, New Hanover County decided to participate in the project and
expanded the study to include four additional tidal creeks. One highlight of the program is the
improvement of water quality in Futch Creek, which has been a positive result.
Dr. Merritt introduced Dr. Michael A. Mallin, the lead scientists of the project, and stated he
would present the report.
Dr. Mallin presented slides on the four-year environmental analysis of New Hanover County
tidal creeks. The research demonstrates that various locations within the New Hanover County Tidal
Creek System suffer from severe fecal coliform bacterial pollution; nutrient loading and algal bloom
formation; loss of bivalves due to changes in salinity or increased sedimentation; and some instances
of elevated heavy metals in the sediments. Much of the pollution can be related to the amount and
type of development, which has occurred and is occurring along the waterways.
The following recommendations were made:
1.As further development occurs, impervious surfaces, such as paved parking lots, drives, and
sidewalks should be surrounded by extensive vegetated “green” areas to absorb and filter non-
point runoff.
2.Parking lots should only be paved to the minimum amount with grassed or other porous
materials used for overflow areas during maximum use periods (such as holiday shopping).
3.Curbs in parking lots channel untreated runoff directly into storm drains, which in some cases
go directly into tidal creeks. Use of street curbing near estuarine creeks should be
discouraged. Curbless parking lots and streets will direct heavy flow into grassy swales
before entering storm drains. This allows for surface filtration of pollutants, percolation of
runoff through soil for further pollutant removal and denitrification, and removal of water to
the atmosphere via plant transpiration with lighter flows and a better quality of water entering
tidal creeks.
4.For stormwater drainage systems, the County is encouraged to use native plants and natural
topographic features of the original landscape whenever possible. Covenant restrictions
within residential subdivisions can provide an effective supplemental means of controlling
stormwater runoff quality.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 387
5.Stormwater detention ponds should be built with a shallow shelf surrounding the pond to
encourage growth of native rooted aquatic vegetation. This vegetation serves to filter
pollutants and take up nutrients which otherwise may flow out of the ponds and into
downstream tidal creeks. The mid-pond areas should be deep enough (greater than six feet)
to discourage growth of nuisance aquatic weeds, such as Hydrilla. Since nutrients and other
pollutants settle in pond sediments, periodic pond maintenance may be needed. Ponds that
have excessive aquatic weed coverage should have periodic weed removal to about 50% of
area coverage. This creates baffles and filters to treat water along a longer path, and
encourages propagation of fish.
6.Along tidal creeks, feeder streams, and drainage ditches, vegetated buffer zones should be
installed, including the use of grass to slow sheet flow, filter pollutants, and encourage
denitrification, and deep-rooted plants to take up nutrients, stabilize stream banks, and
prevent sediment runoff into sensitive tidal creeks. This can be done by both private
landowners and the public sector. Acquisition of buffer zones can be accomplished through
grant programs like the Clean Water Trust Fund.
7.Suburban landowners should have soils tested to determine what kind of fertilizers are most
appropriate. Minimal use of fertilizers at integrals, rather than large amounts which are
subsequently washed into streams during rain events, is best for maintaining water quality.
The North Carolina Cooperative Extension Service has Best Management Practices available
to homeowners for proper lawn and garden upkeep with minimal pollution effects.
8.There are large amounts of pet manure generated in New Hanover County. This is a
significant pollution problem that needs to be addressed by local government. Pet manure is
rich in nutrients and fecal bacteria and should not be left out on areas where rains will flush
it into waterways. Until a long-term strategy is devised, pet owners should bury manure well
away from creeks, ponds, and drainage ditches.
Dr. Mallin advised that water quality improvements in the tidal creek system were possible,
but could only be achieved by a combination of environmentally sound development regulations,
educational efforts, and voluntary efforts by landowners and other citizens. Clearly, all areas within
watersheds contribute to tidal creek pollution; hence, there should be joint efforts by the County and
City to conduct water research, investigate pollution sources, and develop and implement
management strategies.
In closing, Dr. Mallin expressed appreciation to the Board for giving him the opportunity to
present the report and stated he would be glad to answer questions.
Commissioner Birzenieks expressed appreciation to Dr. Mallin for an excellent report and
inquired as to how the County should proceed from this point?
Dr. Merritt stated the primary effort of the study is to gather data and then initiate strategies.
The Futch Creek problems were resolved after sufficient data was collected and regulatory agencies
worked with the citizens on solutions. Currently, there is an effort to create wetlands in some of the
other tidal creeks. This study represents a data base collection that will allow the County to initiate
meaningful solutions once the necessary data is gathered.
Dr. Mallin announced that a call was received from the Coastal Resources Commission with
a request to present the results of the study at the May meeting.
Chairman Caster, on behalf of the Board, expressed appreciation to Dr. Mallin and Dr. Merritt
for an excellent report.
ADOPTION OF RESOLUTIONS IN RECOGNITION OF THE 1997-98 UNCW WOMEN’S
SWIMMING AND DIVING TEAM AND 1997-98 UNCW MEN’S BASKETBALL TEAM
Chairman Caster requested the Board to adopt resolutions in recognition of the outstanding
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 388
achievements of the 1997-98 UNCW Women’s Swimming and Diving Team and the 1997-98 UNCW
Men’s Basketball Team.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt the
resolutions. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster requested the coach and members of the UNCW Women’s Swimming and
Diving Team to step forward. He read the resolution and presented a framed copy of the resolution
to Head Coach Dave Allen and a copy of the resolution to each member of the team.
On behalf of the Board, Chairman Caster congratulated the coach and team for an outstanding
1997-98 season.
A round of applause was given to the Women’s Swimming and Diving Team.
Chairman Caster requested the coach and members of the UNCW Men’s Basketball Team
to step forward. He read the resolution and presented a framed copy of the resolution to Head Coach
Jerry Wainwright and a copy of the resolution to each member of the team.
On behalf of the Board, Chairman Caster congratulated the coach and team for an outstanding
1997-98 season.
A round of applause was given to the Men’s Basketball Team.
PRESENTATION AND UPDATE OF THE GREATER WILMINGTON CHAMBER OF
COMMERCE COMMUNITY GROWTH PLANNING PROCESS
Mr. Robert F. Warwick, Chairman of the Community Planning Process, advised the purpose
of the planning process is to initiate a process that will lead to consensus on where our community
wants to be over the next fifteen years and to develop a list of action steps. In developing this vision,
over 200 individuals representing 90 organizations from the County and City were in involved in the
process. The primary objective is to improve the overall quality of life for the area through
improvements in education, the economy, transportation systems, environment, land use, and
infrastructure.
The following priorities were presented as issues that must be addressed:
?
Education as a Community Priority and Appropriate Facility Funding
?
Workforce Preparedness
?
Crime and Drugs
?
Unaffordable, Unsanitary, and Uneconomical Housing
?
Growth Planning
?
Environment
?
Infrastructure
?
Employment and Development
?
Transportation
In closing, Mr. Warwick requested the Board to approve the report in concept and adopt a
resolution in support of the planning effort. A draft resolution was presented to the Board.
Commissioner Birzenieks expressed appreciation to Mr. Warwick for the leadership and
foresight given to develop the report.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 389
Vice-Chairman Greer expressed appreciation to Mr. Warwick for the time devoted to the
project and stated hopefully this would be a document that will be followed in the future.
County Manager O’Neal advised he would be glad to prepare the resolution for the Board
to consider at the April 20, 1998, meeting.
Mr. Warwick expressed appreciation for the support given by New Hanover County and
stated he looked forward to continuing to provide leadership in preserving the quality of life in New
Hanover County.
Consensus:
It was the consensus of the Board to request the County Manager to place the resolution
on the agenda for April 20, 1998.
ACTION DEFERRED ON RESOLUTION OF SUPPORT FOR LEGISLATION TO ALLOW
COUNTIES TO ENACT AN ADDITIONAL ONE-CENT LOCAL OPTION SALES TAX
County Manager O’Neal reported the N. C. Association of County Commissioners was
supporting a state-wide campaign to receive authority from the N. C. General Assembly to allow
counties to enact an additional one-cent local OPTION sales tax. A number of counties have adopted
resolutions of support with the funding earmarked for a number of varying uses. An additional one-
cent sales tax, if returned to the point of origin, would yield approximately $17,500,000 to New
Hanover County which is equivalent to 17 cents on the tax rate. The revenue would greatly benefit
the County in funding many needed projects.
County Manager O’Neal presented the following estimated distribution of the proposed one-
cent sales tax :
JurisdictionDistribution
New Hanover County$17,500,000
Fire Service District 382,131
Wilmington 4,761,887
Wrightsville Beach 474,325
Carolina Beach 452,800
Kure Beach 170,636
Vice-Chairman Greer reported during the last session of the General Assembly, four counties
received enabling legislation to establish a one-cent local sales tax. The funding was needed for
schools and infrastructure with some counties desiring a sunset clause and others not wanting a sunset
included in the legislation. The North Carolina Association of County Commissioners decided to
approach the General Assembly and request that a uniform system be made available to counties as
a local option that would require voter approval. As everyone knows, the taxpayer is carrying a
disproportionate share of the tax burden to fund necessary services and facilities; therefore, the one-
cent local option sales tax would help to reduce this burden.
Commissioner Birzenieks advised the key issue to the legislation is that the taxpayers will
decide if the local option sales tax is to be implemented.
Vice-Chairman Greer questioned the figures presented and stated it was his understanding that
the tax would generate $17,500,000 to be distributed to the county and municipalities, which was not
the way the information was presented.
County Manager O’Neal advised the figures were generated by the Budget Department after
contacting the State, and stated he would be glad to validate the figure.
Chairman Caster expressed concern for the proposed resolution not referring to voter
approval. Also, he asked if this issue would be discussed and enacted during the short session of the
General Assembly?
County Manager O’Neal stated after working 20 years in local government, he felt the issue
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 390
would be discussed during the short session with action taken the following year during the long
session.
Chairman Caster spoke on not being opposed to increasing the ad valorem property tax or
using the local option sales tax when the citizens have voted on a bond issue for a specific purpose.
He objected to allowing government to spend more money through the implementation of a local
option sales tax, which results in the removal of $17,500,000 from the pockets of taxpayers.
Commissioner Howell advised he felt this was an option that could be used in lieu of
increasing the ad valorem property tax.
Vice-Chairman Greer explained that use of the sales tax funds would be similar to a bond
issue because the citizens would have to vote on the one-cent local option sales tax for a specified
use. The legislation will not allow counties to arbitrary add money to county coffers and spend
without a designated purpose.
A lengthy discussion occurred on the wording of the resolution. Chairman Caster
recommended including verbiage that will include a vote by the people for a specific project.
Vice-Chairman Greer recommended removing the resolution from the agenda and requesting
staff to change the wording.
County Manager O’Neal advised he would reword the resolution to including the following
changes: (1) a required vote by the people; and (2) the revenue should be dedicated to a particular
project or projects of a capital nature.
Chairman Caster requested inclusion of a sunset clause.
Vice-Chairman Greer advised a sunset clause was not included in the proposal prepared by
the North Carolina Association of County Commissioners. The Association will be requesting the
General Assembly to enact the one-cent local option sales tax based upon a vote of the people for a
specific purpose.
Commissioner Davis inquired as to how a specific project would be determined?
Vice-Chairman Greer advised the Board of County Commissioners would decide on a specific
project. For example, if the County needed a new school, the cost would be determined and this
item would be placed before the voters; however, if the sales tax is distributed among the
municipalities as proposed, the municipalities will have an opportunity to present other projects. The
County could stipulate the use of revenue for a new school, the City of Wilmington may need a new
fire station, and Wrightsville Beach, Carolina Beach, and Kure Beach may have other capital needs.
All of the projects would be placed before the voters. Once the revenue is generated and used for
these projects, funding would terminate. If another project is needed at a later date and that project
receives voter approval, the sales tax revenue would be used for that purpose.
Commissioner Davis asked if the one-cent local option sales tax could be a mechanism to
lower the ad valorem property tax?
County Manager O’Neal advised if the enabling legislation is structured so that existing debt
can be paid, it could be a potential reduction in the ad valorem property tax.
Vice-Chairman Greer advised that taxpayers were willing to accept an increase in the ad
valorem property tax rate for the school and community college bond issues; however, he did not feel
the taxpayers were expecting an additional tax levy to support schools. It appears the School System
will be requesting the County to increase funding to $6.6 million for FY 1998-99. In his opinion,
the voters have spoken and the County should not levy another increase in the property tax. He
requested the Board to keep this in mind when preparing the budget for next year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 391
Consensus:
It was the consensus of the Board to request the County Manager to reword the
resolution and place this item on the agenda for April 20, 1998.
ADOPTION OF PROCLAMATION DECLARING APRIL 17-30, AS LITTER SWEEP
DAYS IN NEW HANOVER COUNTY FOR A LITTER FREE NORTH CAROLINA
Vice-Chairman Greer spoke in support of the Governor Hunt’s “Litter Sweep” program and
encouraged the Board to adopt the proclamation.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the
proclamation in support of North Carolina LITTER SWEEP days from April 17-30, 1998. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 19.
BREAK
Chairman Caster called a break from 8:00 p.m. until 8:15 p.m.
CONTINUANCE OF APPEALED CASE (Z-614, 1/98), A REQUEST SUBMITTED BY
STUART EGERTON FOR CAROLINA POWER AND LIGHT COMPANY TO REZONE
APPROXIMATELY 52 ACRES AT 8109 MARKET STREET TO I-1 LIGHT INDUSTRIAL
Chairman Caster opened the Public Hearing.
Mr. Stuart Egerton, representing Carolina Power and Light Company, requested the Board
of County Commissioners to refer the case back to the Planning Board to adjust the plan. He
reported there are approximately 52 acres of land owned by Carolina Power and Light Company at
8109 Market Street. There is a line and maintenance facility located on the site through approval of
a Special Use Permit in 1973. Since this is a light industrial use, Carolina Power and Light Company
has applied to rezone the entire tract to a Light and Industrial District. The reason for showing two
tracts instead of the entire parcel is because Carolina Power and Light Company has donated one
tract composed of 14 acres to the YMCA for construction of a new facility.
The residents of Country Haven Subdivision, located behind the YMCA property, have
expressed the following concerns about a blank check rezoning: (1) no assurance of what type of
buffer will be placed between the light and industrial use and residential properties; (2) future
rezoning of the property by the YMCA; (3) failure to raise the funds needed to construct the new
YMCA facility; and the possibility of selling the property in the future for any type of commercial use
permitted under light industrial zoning.
Mr. Egerton requested the Board to defer action on the appeal to allow time for the
application to be resubmitted to the Planning Board with more definitive plans for the YMCA facility,
which will probably include a conditional use application instead of rezoning the entire tract to light
industrial zoning.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to refer the
appeal back to the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY LARRY RIPA TO REZONE .18 OF
AN ACRE LOCATED AT SPARTAN ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-616, 3/98)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board voted 5 to 2 to recommend
O-I Office and Institution zoning instead of the B-2 Business requested by the applicant. An earlier
motion to approve the petition as submitted was denied by a 4 to 3 vote. In support of the amended
petition, the Planning Board determined that O-I zoning would promote a better transition between
the commercial zoning along Market Street and residential uses in neighboring Green Meadows.
Much of the Board’s discussion centered on the application of setbacks and buffering requirements.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 392
Several property owners spoke in opposition expressing concern for B-2 zoning creating
noise, traffic and night lighting from adjacent commercial uses.
Commissioner Davis asked why the two members on the Planning Board were opposed to
the O-I zoning?
Planning Director Hayes responded the members felt that any commercial intrusion would
allow non-residential use to occur in closer proximity to residential properties.
Vice-Chairman Greer noted that since there was not a residence on the site and the same
person owned the property, no buffer would be required; however, under Office and Institution
zoning, a buffer would be required.
Chairman Caster asked if the petitioner would like to comment?
Mr. John Wessell, the attorney for the petitioner, Larry Ripa, presented a map showing the
tract of land located 180 feet along Spartan Drive and 280 feet in width between Edwards and
Spartan Streets. This 40 foot strip is currently zoned R-15 Residential. He noted that the initial
application was for B-2 Business because this zoning would be consistent with the balance of the
property and allow for a better use of the property. The Planning Board recommended rezoning the
property to O-I Office and Institution.
The petitioner is not opposed to the O-I Office and Institution zoning; however, B-2 Business
would allow for better use of the property because of setback regulations. The property owner
plans to construct a one level 12 foot high building that will be in harmony with the area.
In closing, Attorney Wessell stated the petitioner has no use of the property under its current
residential zoning. If the property remains R-15 Residential and is not rezoned, no buffer is required.
If the property is zoned to O-I or B-2, a buffer is required. The petitioner would prefer the B-2
Business zoning to enhance the placement of the building on the site with the required buffer. He
requested the Board to rezone the property either to B-2 Business or O-I Office and Institution.
Chairman Caster asked if anyone present would like to comment?
Ms. Eudie Roberts, owner of Parcel G on the map, reported she had owned the property and
rented the house on the lot for years. She commented on being a good friend of Mr. Ripa, but stated
she was opposed to B-2 Business zoning because of the permitted uses under this classification. She
advised she was not opposed to the O-I Office and Institution zoning as recommended by the
Planning Board.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to rezone the
.18 of an acre at 106 Spartan Road to O-I Office and Institution as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED AUGUST 18, 1971 is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 6, Page 71.
PUBLIC HEARING TO CONSIDER A REQUEST BY GULFSTREAM SHOPPING
CENTER PROPERTIES, LLC TO REZONE 2.09 ACRES ON THE EAST SIDE OF SOUTH
COLLEGE ROAD JUST SOUTH OF THE MYRTLE GROVE BRANCH LIBRARY TO
CONDITIONAL USE OFFICE AND INSTITUTION FOR LOCATION OF A BANK FROM
R-15 RESIDENTIAL (Rezoning Z-617, 3/98)
Chairman Caster opened the Public Hearing and announced the conditional use process
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 393
requires a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Jon Vincent
Dennis Griffin
Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to
recommend approval of the petition after a lengthy discussion on the application of setbacks, buffer
yards and specific requests of the Myrtle Grove Branch Library. In support of this position, the
Planning Board determined a bank at this location with the appropriate buffering and setbacks would
provide an excellent transition between residential uses in Greenbriar Subdivision and South College
Road. It was also agreed that the property had lost much of its appeal for residential use. There was
no opposition at the Planning Board meeting.
Planning Director Hayes advised that an updated site plan incorporating changes suggested
by the Planning Board has been included in the agenda packet. The changes are as follows: (1)
shifting of the parking area; (2) modifications to the buffering and fencing; and (3) joint use of 15
parking spaces by the Myrtle Grove Branch Library.
Chairman Caster asked if the petitioner would like to comment?
Mr. Jon Vincent, the petitioner, requested approval of Conditional Use Office and Institution
from R-15 Residential to construct a bank on the site. The land is not suitable for residential
development, and 15 parking spaces will be shared with the Myrtle Grove Branch Library. The
buffering and fencing recommended by the Planning Board will be placed on the site.
Commissioner Howell asked if the Zoning Ordinance required 50 parking spaces for the bank?
Mr. Vincent responded that 50 parking spaces were required under zoning regulations;
however, in an effort to assist the library, 15 spaces will be allocated for use by the Myrtle Grove
Branch Library.
Commissioner Davis asked what would happen to the property if the bank decided not to
construct a building on the site?
Mr. Vincent responded the land would revert back to residential zoning.
Vice-Chairman Greer expressed concern for the number of required parking spaces near
Motts Branch and asked if the number of spaces could be reduced as a condition of the Special Use
Permit?
Planning Director Hayes stated it would not be possible to reduce the number of parking
spaces as a condition of the Special Use Permit; however, the Board could remove the 15 spaces
allocated to the Myrtle Grove Branch Library.
Planning Director Hayes presented the following staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.The site has access to water and sewer.
B.The site has access to South College Road. Two access points are proposed, one utilizing
the existing library entrance, and the other to the south.
C.The site is located in the Myrtle Grove Volunteer Fire Department District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 394
D.The proposed use, a bank, poses no known threats to public health and safety.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.A site plan pursuant to the Zoning Ordinance has been submitted.
B.A maximum building height of 25 feet is proposed. Accordingly, the minimum setbacks are
68.75 feet on the side yard and 93.25 feet on the rear yard.
C.Excluding parking credited for the drive-up tellers, 52 off-street parking spaces are provided.
D.Adequate area is available to meet landscaping and buffering requirements.
E.There are no conservation resources on the property.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.Staff has not been presented any evidence from an appraiser or any other real estate
professional that construction of a bank at this location would have a negative impact on
property values.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County based upon
the following findings:
A.The Myrtle Grove Branch of the New Hanover County Library is located next door.
Commercial uses are located to the south and west.
B.Added buffering and setbacks should mitigate some of the impacts to immediate neighbors.
Chairman Caster asked Mr. Vincent if he agreed with the staff findings as presented?
Mr. Vincent concurred with the findings as presented.
Chairman Caster asked if any other person sworn-in would like to comment?
Mr. Dennis Griffin, a resident of 833 Pine Forest Road, advised that he and Mr. Vincent had
agreed to plant rows of Leyland Cypress trees as buffering shown on the site plan and move the seven
foot fence to the southern side of the vegetated buffer adjacent to Greenbriar. He advised if these
conditions are included in the use, he would not be opposed to the zoning.
Planning Director Hayes advised the Zoning Ordinance requires buffering on the residential
side of the property; however, the developer could place additional landscaping on the other side of
the property.
Discussion followed on whether buffering was properly placed on the Myrtle Grove Branch
Library site. Vice-Chairman Greer asked Mr. Griffin if the County had provided the necessary
buffering on the library property?
Mr. Griffin responded he was not living in the neighborhood at the time; however, it appears
the County did not fulfill its obligation. A buffer zone should have been left between the canal and
adjacent properties; however, parking spaces were placed in the back with concrete running along
the canal ditch. The concrete continuously falls into the canal and creates a problem for adjacent
property owners.
Vice-Chairman Greer recommended requesting staff to check into this matter and report back
to the Board.
There being no further comments, Chairman Caster closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 395
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to rezone the
property to Conditional Use Office and Institution zoning. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA MASONBORO OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED OCTOBER 15, 1969, is hereby incorporated as a part of the minutes and
is contained in Zoning Book I, Section 1, Masonboro, Page 20.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to grant a Special
Use Permit to Gulfstream Shopping Center Properties to use property located on South College Road
near the Myrtle Grove Branch Library for location of a bank contingent upon planting of Leyland
Cypress trees and placement of the seven foot fence on the bank side of the trees based upon the
evidence presented concluding that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved; the use
meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially
injure the value of adjoining or abutting property or that the use is a public necessity; and the location
and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is
contained in SUP Book II, Page 23.
Consensus:
After discussion of the need to be sure that requirements have been met when approving
zoning issues, it was the consensus of the Board to request staff to check into the following cases and
report back to the Board: (1) opaque buffering at the Monkey Junction Pub; and (2) assurance that
all requirements were met by the County when placing Myrtle Grove Branch Library on the South
College Road site.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
APPROVE AN EXISTING 13 SLIP COMMUNITY BOATING FACILITY AS REQUESTED
BY THE RABBIT RUN HOMEOWNERS ASSOCIATION (S-426, 3/98)
Chairman Caster opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Diane Thomas
Planning Director , Dexter Hayes, reported the original boating facility was built in 1990. It
was destroyed by Hurricane Fran in 1996, and when it was rebuilt in 1997-98, an additional four (4)
slips were added. Under current regulations, replacement of the original facility without an increase
in the number of slips would be permitted by right; however, a Special Use Permit is required to
construct additional slips. Two additional slips were placed on each end of the boating facility.
Planning Director Hayes advised the Planning Board voted unanimously to recommend
approval of the petition so the facility would comply with existing requirements. There was no
opposition present at the Planning Board meeting.
Planning Director Hayes presented the following preliminary staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 396
A.Applicable environmental permits have been obtained.
B.No sewer service is needed. A small well provides water for washing down equipment.
C.The dock does not interfere with riparian rights of adjacent property owners.
D.An environmental study conducted pursuant to the Major CAMA permit revealed that the
dock would not create detrimental impacts to the surrounding area.
E.The property is located in the Seagate Volunteer Fire Department District.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The property is zoned R-20, and community boating facilities are permitted by Special Use
Permit.
B.Some off-street parking is accommodated in the small common area adjacent to the pier. All
other parking is accommodated at individual residences, requiring most dock users to walk.
The Ordinance requires off-street parking, but the County has routinely allowed this to be
accommodated on individual lots rather than a centralized parking area.
C.The number of slips does not exceed the number of lots in the subdivision it serves.
D.A CAMA permit was issued, meaning it was determined that impacts on adjacent resources
were minimal.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.These kinds of amenities typically stabilize or increase the value of adjoining properties,
particularly for those lots appurtenant to those facilities.
B.As part of the CAMA permit review, adjacent property owners were given an opportunity to
comment. According to the CAMA application, there was no opposition.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with plan of development for New Hanover County based upon the
following findings:
A.The facility was originally constructed in 1990, but destroyed by Hurricane Fran in 1996.
When the facility was replaced in 1997-98 four (4) slips were added, bringing the total to
thirteen (13).
B.Marinas, docks, piers and related facilities are commonplace, not only in this area, but along
most estuarine areas of the county.
C.A similar pier is located to the east.
Commissioner Birzenieks asked what would happen if the Board did not approve the Special
Use Permit?
Planning Director Hayes responded the County could require the slips to be removed because
the project is not in compliance with County rules and regulations. He advised the additional slips
should have been discovered during the permitting process by staff and state officials when issuing
the CAMA permit.
Chairman Caster asked if the petitioner would like to comment?
Ms. Diane Thomas, representing the Rabbit Run Homeowners Association, commented on
the length of time involved with receiving the CAMA permit and stated the work was turned over
to a marine contractor who should have obtained the necessary permits.
Chairman Caster asked Ms. Thomas if she agreed with the staff findings as presented?
Ms. Thomas concurred with the findings as presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 397
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant the
Special Use Permit to the Rabbit Run Homeowners Association to allow for the existing 13-slip
community boating facility based upon the findings of facts and evidence presented concluding that
the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved; the use meets all required conditions and
specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity; and the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area which
it is to be located and in general conformity with the plan of development for New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 23.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO JERRY
GILCHRIST TO PROVIDE AN IN-HOME CHILD DAYCARE SERVICE FOR UP TO TEN
CHILDREN AT 1238 KENNINGSTON STREET (S-427, 3/98)
Chairman Caster opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Jerry Gilchrist
Martinae Gilchrist
Planning Director, Dexter Hayes, reported the applicant currently provides day care service
for up to five children. Such facilities are not regulated by the County, but must be registered with
the State. The applicant proposes to increase total enrollment to 10, which will require issuance of
a Special Use Permit.
The Planning Board approved the request by a four to three vote. The members voting for
the application felt the impacts on the area would be minimal. The members voting against the
application felt the number of children should be limited to less than ten to minimize traffic impacts
and to maintain land use compatibility with adjacent residences. Two nearby property owners spoke
in opposition and expressed concerned about property values, future use of the property, the
inadequacy of septic tanks, traffic impacts, and safety because of two nearby swimming pools. In
a brief rebuttal, the applicant noted that the Health Department had recently approved an upgrade to
the septic system. She also noted the facility could meet all state requirements in terms of space per
child, outside play areas and related design needs.
Planning Director Hayes presented the following staff findings:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.No permit will be issued by the state until all design standards have been met.
B.Water service is via a community system; sewer is by septic tank.
C.The site has access to a public street.
D.The site is located in the Winter Park Volunteer Fire Department District.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Child day care is permitted by right in the R-10 Residential District with site plan approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 398
The site is zoned R-10 Residential.
B.With site improvements, adequate area is available to meet off-street parking and pick-ups
and drop-offs.
C.An existing six foot high fence encloses the rear yard. This part of the lot will serve as the
outside play area.
D.No signage is identified on the site plan. The maximum size allowed is 2 square feet.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.Similar facilities are located in neighborhoods throughout New Hanover County.
B.No information has been submitted indicating that providing this type of service in an existing
residence will cause property values to drop.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with plan of development of New Hanover County based
upon the following findings:
A.The applicant does not plan to make any changes to the exterior of the structure.
B.Similar facilities are located in residential communities throughout the county.
Chairman Caster asked if the petitioner would like to comment
Mr. Jerry Gilchrist, the petitioner, stated that no children over four years of age would be kept
in the day care service. The septic tank system has been improved, insurance has been secured, and
the State has approved the structure for increasing the number of children to 10.
Chairman Caster asked Mr. Gilchrist if he agreed with the staff findings as presented?
Mr. Gilchrist concurred with the findings as presented.
Chairman Caster asked if any other persons sworn in would like to comment?
Ms. Martinae Gilchrist advised that one of the ten children would be her own child. Due to
different work schedules, there would never be 10 children in the house at one time. On many days,
only one child will be kept.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to grant the Special
Use Permit based upon the findings and evidence presented concluding that the use will not
materially endanger the public health or safety if located where proposed and developed according
to the plan as submitted and approved; the use meets all required conditions and specifications of the
Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity; and the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 23.
PUBLIC HEARING TO CONSIDER A REQUEST BY NICK GARRETT TO REZONE 1.51
ACRES ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE TO B-1 BUSINESS FROM
R-15 RESIDENTIAL (Z-620, 3/98)
Chairman Caster opened the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 399
Planning Director Hayes reported after a lengthy discussion on the need to protect two
adjacent homes and the differences between setback and buffering standards for Office and Institution
Zoning versus B-1 Business, the Planning Board voted unanimously to recommend rezoning the site
to O-I Office and Institution. The Planning Board also considered rezoning the two adjacent
residences, but never reached a consensus. The owners of those properties told the Planning Board
they were unaware that the land was zoned B-1 Business. Nevertheless, hoping to limit non-
residential uses in close proximity to their homes, they asked the Planning Board to deny the request.
The Board advised the residential owners on the prospects of rezoning their land and suggested they
file a petition.
Chairman Caster asked if anyone from the public would like to comment?
Mr. Robert Swaggerty, representing ACGS Associates, reported Columbia Cape Fear
Memorial Hospital approached the firm about the need for additional office and administration
offices. The proposed site was originally zoned B-1 Business with one-third of the property zoned
R-15 Residential. The application submitted will rezone the entire tract to B-1 Business which is an
excellent transition.
Commissioner Davis asked if Office and Institution zoning would be acceptable?
Mr. Nick Garrett, the developer, advised the B-1 Business zoning would be better because
of more flexibility; however, the project could be constructed under O-I Office and Institution zoning.
Commissioner Davis asked if the B-1 Business zoning was approved, would this encourage
more commercial uses along Wrightsville Avenue?
Planning Director Hayes cautioned extending the B-1 District down Wrightsville Avenue and
stated that O-I Office and Institution zoning was a better compromise.
In closing, Mr. Garrett advised that rezoning the property to B-1 would allow a more creative
design of the project.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to rezone the 1.51
acres located in the 5500 block of Wrightsville Avenue to O-I Office and Institution from R-15
Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1971 is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 9B, Page 84.
PUBLIC HEARING TO CONSIDER A REQUEST FROM RICHARD NOYES TO REZONE
2.8 ACRES AT 6620 AND 6626 MARKET STREET TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-621, 3/98)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to
recommend approval of the petition as submitted. The Planning Board noted the proposed zoning
was generally consistent with the zoning pattern of the area and was unlikely to be developed under
the current zoning designation. There was no opposition at the meeting.
Chairman Caster asked if anyone present would like to comment?
Mr. Neal Lancaster, representing Mr. Richard Noyes, reported the rezoning would be
consistent with the Land Use Plan and he requested approval of the petition as presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 400
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve
rezoning 2.8 acres at 6620 and 6626 Market Street to B-2 Business from R-15 Residential as
recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED AUGUST 18, 1971 is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 6, Page 72.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY GEORGE DAVIS TO
NAME A PRIVATE ROAD TO “BRIEF ROAD” AND ASSIGN HOUSE NUMBERS IN THE
CARROLL DEVELOPMENT (SN-77, 4/98)
Planning Director, Dexter Hayes, reported after aerial photography and a field site
examination, there are approximately five homes and one commercial establishment on the
unimproved 30-foot right-of-way for access to Market Street. Concern by several of the
homeowners about E-911 response and the delivery of services prompted the request for a road name
and reassignment of house numbers. Brief Road was chosen by the homeowners who live on the
road, and the name is not a duplication according to E-911. If approved the County will install a
street sign, and the effective date of change for the residents will be July 7, 1998.
Planning Director Hayes advised the Planning Staff recommends approval of the street name
and assignment of house numbers in order to improve service response delivery.
Chairman Caster asked if anyone present would like to comment?
Mr. George Davis, the petitioner, requested approval of the request.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
“Brief Road”
ordinance and order naming the private road in Carroll Development to and assigning
house numbers on the road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance and order are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXIV, Page 19.
PUBLIC HEARING TO CONSIDER NAMING A PRIVATE ROAD IN THE CASTLE
HAYNE COMMUNITY TO KINGS CASTLE LANE AND ASSIGNMENT OF HOUSE
NUMBERS
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported John King has requested a private road on the east
side of North College Road intersecting with the Eastboard Coastline Railroad, in the Castle Hayne
community to be named Kings Castle Lane. After aerial photography and a field examination, the
rural unpaved 20 foot right-of-way serves as access to North College Road for four to five dwellings.
Due to concern about the delivery of emergency services, Mr. King requested the road to be named
with assignment of house numbers. The name, Kings Castle Lane, was chosen by Mr. King, and this
name has been approved by E-9ll. If approved, the County will install a street sign, and the effective
date of change for residents will be July 7, 1998.
Planning Director Hayes advised the Planning Staff recommends approval of the street name
and assignment of house numbers in order to improve service response delivery.
Chairman Caster asked if anyone present would like to comment?
Mr. John King, the petitioner, requested approval of road name.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 401
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the
order and ordinance naming a private road in the 5100 block of North College Road, adjacent and
“Kings Castle Lane”
east of the Seaboard Coastline Railway in Castle Hayne to with assignment
of house numbers. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance and order are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXIV, Page 19.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 10:15 p.m. until 10:36 p.m. to hold a
meeting of the New Hanover County Water and Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Announcement of Two Tourist Conventions being Held in New Hanover County.
Chairman Caster announced the State Advisory Board for Film, Sports, and Tourism will hold
its annual meeting in October, and the State Organization of Convention Bureaus will hold its annual
meeting at the end of April. He reported that discussion is being held about other groups holding
conventions in New Hanover County.
Discussion of Forwarding Complaints about the Parks to the Parks Advisory Board
Chairman Caster commented on the complaints received about the parks, and he
recommended allowing these persons to appear before the Parks Advisory Board to discuss and
resolve these issues.
Vice-Chairman Greer, the Commissioners’ representative on the Parks Advisory Board,
agreed with Chairman Caster and stated he would be glad to inform the Advisory Board. He, also,
reported the storage building at Ogden Park had not been completed, and he requested the Assistant
County Manager to check into the matter because the building was needed immediately.
Assistant County Manager, Dave Weaver, stated he would be glad to check into this matter
and report back to the Board.
Adoption of Resolution to Begin the Process of Transferring Emergency Medical Services to
New Hanover Regional Medical Center
County Attorney Copley presented a revised copy of a resolution to begin the process of
requesting New Hanover Regional Medical Center to accept Emergency Medical Services. She
advised there would be opportunities for the public to comment during the process before the transfer
was actually approved.
Commissioner Birzenieks commented on budget implications to both organizations and
recommended moving forward with the process.
Vice-Chairman Greer emphasized the importance of taking care of New Hanover County
employees when negotiating the transfer. He commented on the last paragraph in the resolution
referencing that personal property and all personnel will be transferred, and stated it now appears that
some personnel in the billing section will not be transferred. He requested the County Manager to
be sure that issues of this type are addressed in the proper manner when negotiating the transfer. He,
also, stressed the importance of not locking the County into undesirable situations.
County Manager O’Neal reported a comprehensive package will be negotiated between New
Hanover County and New Hanover Regional Medical Center. The entire collections and billing
departments throughout the County will be reviewed. He assured the Board that the process will be
thoroughly studied before negotiating the transfer.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 402
Discussion followed on moving County employees from the State retirement system to the
Medical Center retirement program. County Manager O’Neal advised that a workable solution could
be negotiated and reported that staff learned a great deal when transferring the Home Health
Program to New Hanover Regional Medical Center.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the
revised resolution to begin the process of transferring Emergency Medical Services to New Hanover
Regional Medical Center. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 19.
Discussion of the Pilots Ridge Project
Chairman Caster reported on meeting with Duke Lineberry and Paul Boney regarding the
tentative plan for the Pilots Ridge project. He stated after seeing the plan, it appears the concept will
provide an excellent facility.
The Board of Education desires to have a footprint of the building and some surrounding
property as well as competition fields that will be deeded to the School System when COPS financing
for those facilities has been paid. The remaining land will be used as parks. An Advisory Committee
is to be appointed consisting of the three principals of the schools and one at-large member appointed
by the Board of Education and four members appointed by the Board of County Commissioners. The
Director of Parks, Neal Lewis, has suggested appointing four members of the Parks Advisory Board
to serve as the County’s representatives.
A large portion of the land would be the park area on one side, a passive area on the other
side with ponds and trails, and the footprint of the fields near the schools. The construction date is
aggressive. The architect, Paul Boney, would like to have approval of the site plan by the existing
committee and then by the Board of County Commissioners.
In closing, Chairman Caster requested direction from the Board and stated the lack of
communication between the two boards had not been as disastrous as printed by the media.
Vice-Chairman Greer advised that personnel must be available to reserve the fields and
perform the leg work. He suggested allowing employees of the Parks Department to do this type of
work and report to the Advisory Board. Another issue that must be addressed is the costs to be paid
by the School System and New Hanover County. For example, if a drainage retention pond is
required, will it be on property owned by the School System or the County?
County Manager O’Neal stated if the two boards are pleased with the concept as outlined by
Chairman Caster, the details can be worked out. He suggested that the existing committee should
meet and review the concept.
County Attorney Copley commented on the need for specific details as to which entity will
control and maintain the park land because of the years required before the COPS financing will be
paid. She suggested preparing a memorandum of understanding that will clearly state the terms and
conditions of the operation so future Boards can understand the agreement.
Finance Director, Bruce Shell, emphasized the importance of everyone understanding that
New Hanover County was not in the position to deed any property over to the schools until the
COPS financing had been paid for those facilities.
Further discussion followed on whether any fields would be exclusive. Commissioner
Birzenieks reported the term, exclusive, had not been mentioned. With correct scheduling, every field
can be used by the public.
Vice-Chairman Greer volunteered to call a meeting of the existing committee to discuss the
concept and report back to the Board. Also, he informed the Board that maintenance will have to
be addressed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 403
Discussion of Legion Stadium Being Turned Over to New Hanover County
Chairman Caster advised he has discussed the possibility of Legion Stadium being turned over
to New Hanover County with Mayor Hicks. The Mayor is to discuss this issue with the Wilmington
City Council and forward a reply.
ADDITIONAL ITEMS - COUNTY MANAGER
Request to Reconsider Funding a Computer Upgrade for the Department of Social Services
County Manager O’Neal commented on the immediate need for the computer upgrade at the
Department of Social Services. He advised a budget amendment had been prepared to move the
necessary funding from contingencies into the Department of Social Services to pay for the
equipment.
Vice-Chairman Greer commented on voicing his displeasure about the computer upgrade and
stated after discussing this matter with the MIS Director, he felt the upgrade was needed. Under the
proposal being presented, the funding would be removed from contingencies instead of DSS salary
lag.
Commissioner Davis recommended placing this item on the agenda for April 20, 1998, since
it was removed from a regular agenda at a public meeting.
Consensus:
It was the consensus of the Board to consider the computer upgrade request on April
20, 1998.
Vice-Chairman Greer commented on the poor ranking of New Hanover County in multiple
placements for foster care, and he requested the County Manager to provide figures to establish a
benchmark to see if the County is improving in these areas.
Commissioner Davis asked if the new employees had been hired and stated he felt the
Department of Social Services should be held accountable for reducing the figures once the positions
are filled.
County Manager O’Neal responded he would be glad to provide figures to establish a
benchmark and report every six months on the progress being made with filling the positions and any
savings incurred.
Scheduling of Work Sessions
County Manager O’Neal requested the Board to schedule a Work Session to hear a
presentation from Dan Dawson on the current findings of the Pages Creek Study. He also requested
the Board to schedule a Work Session to hear a presentation from the consulting firm on the
Volunteer Fire Service.
Consensus:
It was the consensus of the Board to schedule Work Sessions on April 27 and April 30
beginning at 5:30 P.M. The Clerk to the Board is to work with the County Manager in arranging
meeting rooms and presentations.
Authorization for New Hanover County to Join the City of Wilmington in Filing a Grant
Application to the N. C. Division of Coastal Management for the CAMA Land Use Plan
Update
Assistant County Manager Weaver advised the County has been requested to join the City
of Wilmington in filing a grant application to the N. C. Division of Coastal Management for the
CAMA Land Use Plan Update. The grant is in the amount of $25,000 with a cash match of $4,000
that will be paid equally by the City of Wilmington and New Hanover County.
Vice-Chairman Greer expressed concern for presenting this request as an additional item, and
he requested time to review the grant application. He also expressed concern for the N. C. Division
of Coastal Management trying to instruct the City and County on how to prepare the Land Use Plan
Update.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, APRIL 7, 1998PAGE 404
Chairman Caster advised that he did not have a problem with jointly filing the grant
application with the City of Wilmington since both the City and County are preparing the update.
Consensus:
After discussion, it was the consensus of the Board to authorize the joint filing of a grant
application to the N. C. Division of Coastal Management for the CAMA Land Use Plan update.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:25 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board