2005-02-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 7, 2005 PAGE 237
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 7, 2005,
at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Amanda McCullough, Senior Pastor, St. Jude's Metropolitan Church, gave the invocation.
Commissioner Kopp invited Boy Scouts Will Small, Jack Parrott, William Robinson, and Will Coleman to
join him in leading the audience in the Pledge of Allegiance to the Flag.
REGULAR ITEMS OF BUSINESS
PUBLIC HEARING TO CONSIDER REQUEST BY WALTER AVERY TO AMEND SECTION 50.5 OF
THE TABLE OF PERMITTED USES OF THE ZONING ORDINANCE TO PERMIT EQUIPMENT
RENTAL AND LEASING IN THE I-2 HEAVY INDUSTRIAL DISTRICT (A-338, 12/04)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the
presentation.
Director Hayes reported that Walter “Pete” Avery, McKinley Building Corporation, on behalf of the
petitioner is requesting to amend Section 50.5 of the Table of Permitted Uses to include "Equipment Rental &
Leasing" as a Permitted Use in the I-2 Heavy Industrial District. The applicant has a client who rents large
construction type equipment and wants to locate the business in an I-2 Heavy Industrial District. Based on similar
uses that are permitted within the I-2 District, staff believes that the use is implicitly permitted. Based on
compatibility with other uses in the district and consistency with the purpose of the I-2 District, staff recommends
approval. The Planning Board recommended approval by a vote of 7-0.
Chairman Greer asked the petitioner if he would like to speak.
Walter Avery, McKinley Building Corporation, stated that he represented the petitioner and requested the
Board to amend the zoning text to allow equipment rental and leasing in the I-2 Heavy Industrial District.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to amend Section 50.5 of the
Table of Permitted Uses of the New Hanover County Zoning Ordinance to permit equipment rental & leasing in the
I-2 Heavy Industrial District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the amendment to the Zoning Ordinances is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXIX, Page 15.1.
PUBLIC HEARING TO CONSIDER REQUEST BY STROUD ENGINEERING ON BEHALF OF
GREENHOUSE PROPERTIES, LLC TO REZONE APPROXIMATELY 0.65 ACRE AT 908 PILOTS
RIDGE ROAD FROM B-2 HIGHWAY BUSINESS TO O&I OFFICE AND INSTITUTIONAL (Z-789, 01/05)
Chairman Greer opened the Public Hearing and requested Planning Director Hayes to make the
presentation.
Director Hayes reported that Stroud Engineering on behalf of Greenhouse Properties, LLC is requesting to
rezone approximately 0.65 acre of property located at 908 Pilots Ridge Road from B-2 Highway Business to O&I
Office and Institutional. The B-2 Highway Business District classification on the subject property is part of the
original April 1971 zoning that extended south 2200 feet from the southern right of way of Golden Road parallel to
Carolina Beach Road at a depth of 300 feet. There have been some revisions to the original zoning in the area to
accommodate the Food Lion Shopping Center and to add additional B-2 Highway Business Zoning on the east side
of Carolina Beach Road. In 1998 there was a petition to add approximately 2 acres of B-2 zoning to the existing B-2
district on the northern corner of the Pilots Ridge Road intersection that ultimately was rezoned to O&I Office and
Institutional. This O&I District is now owned by The New Hanover County Board of Education.
According to the Pilots Ridge HOA there are covenants and restrictions in place that prohibit commercial
uses within the subdivision. The New Hanover County Zoning Ordinance does not allow residential uses within the
B-2 Highway Business District Classification. While the County has no authority to enforce private homeowner
covenants and restrictions, it seems that there are conflicting land use restrictions on the subject property. Staff
supports the O&I recommendation including a portion of the runway and Pilots Ridge Road in order to consolidate
the district.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 7, 2005 PAGE 238
At the Planning Board meeting a representative from the Homeowners Association spoke in support of the
rezoning. The Planning Board voted 7-0 to recommend approval including a portion of the Pilots Ridge Road right
of way and the runway in the O&I District. Staff recommends approval confirming that it is consistent with the
Land Use Plan.
Attorney Charles M. Lineberry stated that he represents P. T. Barbour the owner of 916 Pilots Ridge Road
and after hearing the presentation is satisfied with the rezoning request.
James Fenorezs of Stroud Engineering, stated that he was representing the petitioner, Greenhouse
Properties, LLC and was available to answer questions.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to rezone approximately 0.65
acre of property located at 908 Pilots Ridge Road from B-2 Highway Business to O&I Office and Institutional.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED, April 7, 1971, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 66.2.
PUBLIC HEARING TO RECEIVE COMMENT ON THE PROPOSED ECONOMIC DEVELOPMENT
GRANT FOR PHARMACEUTICAL PRODUCT DEVELOPMENT, INC. AND CONSIDERATION OF
RESOLUTION OF APPROVAL
Chairman Greer opened the Public Hearing to hear comments on the County’s proposal for an economic
development grant to Pharmaceutical Product Development, Inc.
County Manager Allen O’Neal reported that the Board is considering an economic development grant for
Pharmaceutical Product Development, Inc. (PPD) or its subsidiary acceptable to the County. The source of funding
for the grant will be the New Hanover County General Fund. The purpose of the grant is to assist PPD with the
construction of a world headquarters facility in the City of Wilmington, New Hanover County, and to promote the
purposes of increasing the tax base of the County and creating high-quality, well-paying jobs.
The economic development grant will provide a payment of $300,000 per year for five years beginning in
year six following the completion of the project and will be contingent upon PPD, Inc. making a real and personal
property investment of a minimum of $80,000,000 and employment of 1,000 additional full-time employees at the
facility over the next seven years. The economic development grant will begin in year six following the completion
of the project due to PPD’s eligibility for tax breaks for five years through the State’s Brownfield Program. The
grant is being considered pursuant to General Statute 158-7.1.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing and called for a motion to adopt the
resolution.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution
approving the economic incentive grant for Pharmaceutical Product Development, Inc. 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
XXIX, Page 15.2.
CONSIDERATION OF ENDORSING THE CITY OF WILMINGTON’S PLANS FOR PROTECTING THE
CORRIDOR FOR THE MILITARY CUT-OFF EXTENSION
Planning Director Dexter Hayes reported that the City of Wilmington is in the process of completing an
Official Corridor Map that will allow for the continued protection of the right-of-way needed for the proposed
extension of Military Cut-Off Road to the proposed I-140/US 17 Bypass. The road is located outside of the City;
therefore, the Board is requested to endorse the actions of the City Council. Staff requests the Chairman, on behalf
of the Board, to sign a letter endorsing the City of Wilmington’s plans for protecting the corridor for the Military
Cut-Off Extension.
Motion
: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize the Chairman, on
behalf of the Board, to sign a letter endorsing the City of Wilmington’s plans for protecting the Corridor for Military
Cut-Off Extension. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF REQUEST BY CAPE FEAR COMMUNITY COLLEGE FOR A $27 MILLION
BOND REFERENDUM IN MAY, 2005
Dr. Eric McKeithan, President of Cape Fear Community College, on behalf of the Board of Trustees of the
Cape Fear Community College presented a request to the Board for a $27 million bond referendum to be held in
May 2005.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 7, 2005 PAGE 239
On behalf of the Board, Chairman Greer thanked Cape Fear Community College for working in
conjunction with the New Hanover County Schools.
CONSIDERATION OF RESOLUTION ASSOCIATED WITH THE PROPOSED BOND REFERENDUM
FOR CAPE FEAR COMMUNITY COLLEGE AND NEW HANOVER COUNTY SCHOOLS
Chairman Greer announced that before the Board is a resolution making certain findings relating to the
authorization and issuance of general obligation bonds of the County of New Hanover, North Carolina, and
authorizing the Finance Director to file application for approval thereof with the Local Government Commission.
Chairman Greer requested a motion to introduce the resolution.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to introduce the resolution
authorizing the issuance of Bonds for the purpose of providing funds for financing school and community college
improvements in the County not to exceed the amount of $150,000,000. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer read the resolution into the record and asked for direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to approve the resolution
authorizing the issuance of Bonds for the purpose of providing funds for financing school and community college
improvements in the County not to exceed the amount of $150,000,000. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Vice-Chairman Caster reported the tentative timeline is as follows:
February 10 County publishes "Notice of Intention"
February 18 County files application with LGC
February 21 Board introduces bond order, calls public hearing
February 21 Finance files Debt Statement
February 24 Publish Bond Order with Notice of Public Hearing
March 14 Public Hearing - Adopt Bond Order - Call Election
March 17 Publish Bond Order as Adopted
March 17 Publish Notice of Election
March 24 Publish Notice of Election
April 15 Last day to register for election
April 21 One-stop voting begins
May 3 Last day to request that an absentee ballot be mailed
May 7 One-stop voting ends at 1:00
May 10 Election
May 17 Canvass Day
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXIX, Page 15.3.
CONSIDERATION OF AWARDING CONTRACT #05-0156 TO COLE LAYER TRUMBLE COMPANY
AND APPROVAL OF BUDGET AMENDMENTS #2005-32 AND #05-0139
County Manager O’Neal reported that currently the Tax Department computer system is operating on a
mainframe platform and must be converted to a server platform. The Tax Department is currently using an
application system that was purchased approximately fifteen years ago and does not operate on a server platform.
Vendor software support is no longer available. After the analysis and reviews were completed, it appears that the
best solution is to purchase from Cole Layer Trumble Company the Tax Computer Assisted Mass Appraisal and
Administration System and assessment and tracking software and to purchase from MUNIS, Inc. the billing, motor
vehicle, business license, and web interface. Both companies operate as independent divisions under Tyler
Technologies, Incorporated. Utilizing the functionality from each of these companies provides the optimal solution,
features, and system capabilities necessary to meet New Hanover County's needs. Tyler Technologies as well as
both divisions have committed to providing integration of both systems to function as a cohesive unit. Staff
recommends approval of the new system. The total cost of the project is $1.4 million.
Tax Administrator Robert G. Glasgow reported that the new system is scheduled to be installed and running
by August 1, 2005. This time frame will allow all field data to be input into the new system and generate the new
tax values for the January 1, 2007 revaluation. The new system is capable of providing instant feedback for reports
and will allow more accessibility to the public. The municipalities contract with the County to provide services for
billings and collections.
Chairman Greer read the resolution into the record and requested direction from the Board.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution awarding
contract #05-0156 to Cole Layer Trumble Company in the amount of $779,008; awarding contract #05-0137 to Bank
of America; approve the change order to contract #05-0110 with Munis, Inc. and approve associated budget
amendments #2005-34 and #05-0139. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 7, 2005 PAGE 240
Budget Amendment #2005-34 – Computer System Improvements
Adjustment Debit Credit
Installment Loan Proceeds$1,400,000
Extended Project Expense$1,400,000
Explanation: To increase the budget in the Computer System Improvements fund for a Tax Computer
Assisted Mass Appraisal (CAMA) and Administration System purchase.
Budget Amendment #05-0139 – General Government
Adjustment Debit Credit
Appropriated Fund Balance$156,000
Installment Lease Payments$156,000
Explanation: To increase the budget in the General Fund for the installment lease payment amount that will
be paid from the FY 04-05 budget for the Tax Computer System project.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 15.4.
CONSIDERATION OF RESOLUTION SUPPORTING STATE ASSUMPTION OF COUNTY SHARE OF
MEDICAID
Chairman Greer reported that the Board discussed Medicaid costs at its budget work session on January 28,
2004. At that time, the Board requested Staff to bring a resolution to support a bill requesting the North Carolina
General Assembly to provide immediate Medicaid relief to New Hanover County. The bill was sponsored by
Representative Julia Howard of Davie County and co-sponsored by Representative Carolyn H. Justice.
Chairman Greer read the resolution into the record and requested direction from the Board.
Motion
: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution to support a
bill requesting the North Carolina General Assembly to provide immediate Medicaid relief to New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXIX, Page 15.5.
CONSIDERATION OF RESOLUTION REQUESTING FUNDING BE RESTORED TO THE U.S. ARMY
CORPS OF ENGINEERS’ FY 05-06 BUDGET FOR SHALLOW INLET MAINTENANCE
Chairman Greer reported that the U.S. Army Corps of Engineers has not scheduled dredging of the Carolina
Beach Inlet for FY 2005-2006. The Board has expressed a desire to encourage Congress to restore full funding for
shallow inlet maintenance in the Corps of Engineers' budget for 2005-2006 in order to preserve the boating industry
and effective emergency response for water-related incidents.
Chairman Greer read the resolution into the record and requested direction from the Board.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution
encouraging Congress to restore full funding for shallow inlet maintenance in the Corps of Engineers’ budget for FY
2005-2006 for the maintenance of Carolina Beach Inlet. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXIX, Page 15.6.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 6:20 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 7:00 p.m.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
Presentation on the Memorial Day Event Planned at the Battleship
Chairman Greer welcomed Betsy Cromartie representing the Exchange Club of Lower Cape
Fear/Wilmington.
Ms. Cromartie shared information and a video about the Soldier’s Healing Field. She explained that the
Soldier’s Healing Field is a 1590 flag tribute to those that have lost their lives in Iraq. Each flag in this Soldier’s
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 7, 2005 PAGE 241
Field is placed in memory of a soldier, sailor, airman or marine lost in the war against terror since September 11,
2001 and is a visible reminder of the selfless, dedicated service to our County by military service personnel and the
ultimate sacrifice made by these men and women.
Battleship North Carolina
The event, which is open to the public, will be held at theon May 28-31, 2005.
The Dedication Service will be held on May 29, 2005 at 11 a.m. All elected officials were invited to carry a flag in
the Dedication Service.
ADDITIONAL ITEMS
Ratification of Proclamation Designating Friday, February 4, 2005 as Brigadier General Dan H. Hickman
Day in New Hanover County
Chairman Greer announced that the Board had been asked to proclaim Friday, February 4, 2005 as
Brigadier General Dan H. Hickman Day in New Hanover County and welcome this citizen-soldier back home and
asked for direction from the Board.
Motion
: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to ratify the proclamation that
designated Friday, February 4, 2005 as Brigadier General Dan H. Hickman Day in New Hanover County. 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
XXIX, Page 15.7.
Item Presented by Commissioner Kopp
Commissioner Kopp reported that he and Assistant County Manager Pat Melvin had attended the NACo
Justice, Public Safety & Crime Committee Conference and requested that she provide the Board with an update.
Assistant County Manager Melvin reported that the theme of the conference was “A National County
Strategy to Prevent Violent Crime: Linking Early Childhood Development to Prisoner Re-entry”. The conference
focused on strategies for preventing violence from as early as the nursery, diverting the non-violent mentally ill from
jails and juvenile detention, and new strategies for curbing recidivism rates, including re-entry programs which
provide services to inmates being released from jails/prisons back into society.
In June 2004 a bi-partisan group in the U.S. House of Representatives introduced the Second Chance Act of
2004 (HR 4676). This Act addresses the issue of the re-entry crisis. The cost of the bill is $112 million over a two-
year period. The Act focuses on four key areas: jobs, housing, mental health and substance abuse treatment, and
strengthening families. In September 2004, a companion bill was introduced in the U.S. Senate (S 2789).
The Act is supported by a broad based coalition of some forty-two national organizations, including NACo.
Local governments are encouraged to contact their Congressional representatives to sponsor re-entry legislation and
work to see it enacted.
Items Presented by Vice-Chairman Caster
Commissioner Caster reported he attended the following meetings and events:
Department of Social Services Board meeting; Human Relations dinner; Health Care Conference in
Raleigh; the Garden Show; the Cape Fear Museum Gala and the Mayfaire Fitness Facility Ribbon Cutting
event.
Vice-Chairman Caster requested the Board to direct the Chairman, on behalf of the Board, to write a letter
of recommendation that Dr. Jim Merritt receive a promotion to full professor.
Motion
: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to direct the Chairman, on
behalf of the Board, to write a letter of recommendation that Dr. Jim Merritt receive a promotion to full professor.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Items Presented by Commissioner Pritchett
Commissioner Pritchett reported that she attended the following meetings and events:
The Wilmington Garden Show, Leadership NC Reception, the Cape Fear Museum Gala, and on behalf of
the Board, provided the welcome to the 7 th Annual Conference for the Partners of Economic Inclusion.
ADJOURNMENT
There being no further business, Chairman Greer adjourned the meeting at 7:28 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board