2004-08-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 90
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, August 2, 2004, 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 Julia Boseman; Commissioner William A.
Caster; Commissioner Ted Davis, 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
Rev. Melvin Hall, Director of Missions with the Wilmington Baptist Association gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
Chairman Greer requested that Emergency Management Director Warren Lee provide an update on weather
conditions as they relate to Hurricane Alex.
Emergency Management Director Lee reported that Hurricane Alex was not predicted to come ashore in the
New Hanover County area, however the area would experience rain and light winds between midnight and 2 a.m.
Chairman Greer thanked Emergency Management Director Lee for the reassuring update.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Hearing none, Chairman Greer called for a motion to approve the items on the Consent Agenda.
Motion:
Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board:
Closed SessionJuly 12, 2004
Regular Meeting July 12, 2004
Approval of Correction to Clerical Error in Minutes of November 3, 2003
The Commissioners approved the correction to the clerical error in the minutes of the regular meeting held on
November 3, 2003, to correctly reflect action taken at the meeting.
Approval of Grant to Board of Elections and Budget Amendment #05-2005 - Elections
The Commissioners approved a request from the Board of Elections to accept the Help America Vote Act Title
I Grant in the amount of $5,785.45. The monies will be used to make polling places accessible to disabled voters and
implement solutions that will create equal service and improved sensitivity to persons with disabilities. The New
Hanover County Board of Elections approved the grant on June 29, 2004. No local match is required.
Budget Amendment #05-0005 - Elections
AdjustmentDebitCredit
Help America Vote Act Grant$5,786
Departmental Supplies$5,786
Explanation: To budget Help America Vote Act Grant Title I funding.
Approval of Changes in the New Hanover County Health Department Fee Policy
The Commissioners approved the changes in the New Hanover County Health Department Fee Policy. These
changes relate specifically to services provided through the Personal Health Services Division within its clinic and
outreach programs. Fee adjustments are based on changes in Medicaid and Medicare reimbursement rates.
Immunization adjustments are based on increased cost in vaccines.
Authorization for the Health Department to Submit a Project Stop Maternal Smoking Cessation Grant to the NC
March of Dimes Community Grant Program
The Commissioners authorized a request by the Health Department to submit a letter of intent to the NC March
of Dimes Community Grant Program requesting continuation of grant funding in the amount of $50,000. If the grant
application is awarded, these funds will be used for maintenance and expansion of the Project Stop Maternal Smoking
Cessation initiative to better serve the community in need of these services. The goal of the program is to reduce the
number of pregnant women who smoke, and to promote other lifestyle choices to promote healthy pregnancies. New
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 91
Hanover County Health Department currently receives funding from NC March of Dimes in the amount of $48,280,
which funds a .75 full-time employee Health Educator. If the grant request is funded the current position could be
expanded to a 1.0 full-time employee and maintain a feasible operating budget. No local match is required.
Authorization for the Health Department to Submita Prenatal Grant to NCPHA
The Commissioners authorized a request by the Health Department to submit a grant application to the NCPHA
(Ann Wolfe Endowment) in the amount of $5,000. If the grant application is awarded, these funds will be used to
provide assistance to diabetic prenatal patients. These patients would be identified through the Maternity Care
Coordination Program. The grant period is September 1, 2004 through March 1, 2006.
Approval to Transfer Funds from the Animal Control Services Trust Fund into the Current FY 04-05 Animal
Control Services Operating Budget and Related Budget Amendment # 05-0009 - Health Department
The Commissioners approved the following budget amendment:
Budget Amendment #05-0009 - Health Department
Adjustment Debit Credit
Animal Control Services:
Other$10,000
Departmental Supplies$10,000
Explanation: To transfer funds from the Animal Control Trust Fund into departmental supplies to purchase
needed equipment for facility.
Authorization for the Sheriff's Department to Submit a Grant Application to the NC Governor's Highway Safety
Program
The Commissioners authorized a request from the Sheriff's Department to submit a grant application to the NC
$
Governor's Highway Safety Program for a Project Safe Roads Grant in the amount of 117,884. If grant is awarded,
the funds will be used to combat the ongoing number of motor vehicle law violations involving motorists passing stopped
school buses.The proposed solution would include equipping, training, and utilizing four of our current School
Resource Officers (with expanded duties) to enforce violations involving school buses. These officers would
additionally concentrate on enforcing other motor vehicle law violations such as speeding in school zones and careless
and reckless driving. The solution would also involve more public safety awareness as well as stepped-up traffic
enforcement. Grant funding would be used to purchase equipment as follows: 4 traffic enforcement vehicles at $22,000
each, 4 traffic enforcement radars at $3,350 each, 4 mobile radios at $1,876 each, and 4 sets of blue lights and sirens for
vehicles at $2,245 each for a total of $117,884 (75% federal funds of $88,413 and 25% local match of $29,471). The
Sheriff is requesting that General Fund Contingency funds be used for the local match.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX,
Page 2.1
Approval of Contract #05-0030 with REMOTEC, Inc. for an ANDROS F6A Vehicle (Hazardous Duty Robot) and
Related Budget Amendment #05-0003
The Commissioners approved the contract #05-0030 with REMOTEC, Inc. as a sole source purchase allowed
in General Statute 143-129 (e) for an Andros F6A Vehicle and the related budget amendment in the amount of $125,118.
The County received grant money from the US Department of Homeland Security (DHS), through the Office of
Domestic Preparedness (ODP). The ANDROS F6A vehicle robot is an eligible purchase under the grant.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX,
Page 2.2.
Approval of Budget Amendment #05-0003 - Cooperative Extension
The Commissioners approved the following budget amendment:
Budget Amendment #05-0003 - Cooperative Extension
AdjustmentDebitCredit
Revenue - Other$50,000
Cooperative Extension Expense$50,000
Explanation: To establish budget for FY 04-05 for Cooperative Extension's extended projects.
Approval of Budget Amendment #05-0007
The Commissioners approved the following budget amendments:
Budget Amendment #05-0007 - Various Departments
AdjustmentDebitCredit
Fire Services:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 92
Budget Amendment #05-0007 - Various Departments (Cont.)
Adjustment Debit Credit
FEMA Fire Act Funding$336,350
Appropriated Fund Balance$144,150
Computer Expenses$ 3,000
Capital Outlay$ 9,500
Fire Expense$403,000
Motor Vehicles$ 65,000
Planning:
EPA Water Quality$157,500
EPA Water Quality Expense$157,500
Health - Epidemiology:
Good Shepherd Ministries Grant$ 8,927
Contract Services$ 3,092
Supplies$ 5,685
Employee Reimbursements$ 150
Disproportionate Minority Project:
GCC-DMC Grant$110,000
Salaries and Wages$ 32,000
Social Security Tax$ 2,448
Retirement$ 1,760
Medical Insurance$ 5,324
Disability Insurance$ 68
Contract Services$ 48,180
Supplies$ 11,544
Telephone Expense$ 160
Training and Travel$ 8,516
Emergency Management:
NC Crime Control & Public Safety$ 2,026
Radios$ 2,026
FEMA - Emergency Planning:
Grant$ 18,860
Contract Services$ 18,860
NC Crime Control & Public Safety:$ 19,276
Contract Services$ 616
Printing$ 1,748
Supplies$ 11,468
Training and Travel$ 444
Motor Vehicles$ 5,000
Dept. of Homeland Security Grant:$ 28,284
Training and Travel$ 28,284
Dept. of Homeland Security Grant:$493,432
Contract Services$ 9,563
Supplies$147,211
Safety Equipment$ 48,064
Capital Outlay$233,944
Motor Vehicles$ 54,650
.
Explanation: To rollover unexpended grant funds from FY 03-04 to FY 04-05
Approval of Budget Amendment #2005-05 - Sheriff
The Commissioners approved the following budget amendment:
Budget Amendment #2005-05 - Sheriff
AdjustmentDebitCredit
Controlled Substance Tax:
Controlled Substance Tax$8,612
Capital Project Expense$8,612
Explanation: To budget proceeds from County auction (auctioned vehicles that had been purchased with
Controlled Substance Tax funds). Controlled Substance Tax funds are budgeted as received and must be used
for law enforcement, as the Sheriff deems necessary.
Approval of Budget Amendment #2005-06 - Sheriff
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 93
Budget Amendment #2005-06 - Sheriff
AdjustmentDebitCredit
Federal Forfeited Property:
Federally Forfeited Property$4,596
Capital Project Expense$4,596
Explanation: To budget proceeds from County auction (auctioned vehicles that had been purchased with
Federal Forfeited Property funds). Federal Forfeited Property funds are budgeted as received and must be
used for law enforcement, as the Sheriff deems necessary.
REGULAR ITEMS OF BUSINESS
PUBLIC HEARING TO DISCUSS 2004-2005 SECONDARY ROADS CONSTRUCTION INFORMATION
Chairman Greer opened the Public Hearing and welcomed Division Maintenance Engineer for NCDOT in
Wilmington, David Thomas. Mr. Thomas introduced Daniel R. Cumbo, District Engineer, and stated that he will present
the FY 2004-2005 NCDOT Secondary Roads Construction Program for New Hanover County.
District Engineer Combo presented the following program:
As required by General Statute 136-44.5, before July 1 each calendar year, the Department of Transportation
shall make a study of all state-maintained unpaved roads in order to determine the unpaved mileage in each county and
the total mileage in the state. Each county's allocation is determined by dividing the total allocation by the statewide
mileage times the number of miles in each county. Secondary road construction allocations are based upon the amount
of revenue generated by the gasoline tax, and the final total will not be known until the end of the current fiscal year,
ending June 30, 2005. Should there be a significant change in the county allocation, New Hanover County will be
informed of any adjustments in the Secondary Road Construction Program for 2004-2005.
Based on unpaved mileage of approximately 1.16 miles in New Hanover County, compared to unpaved miles
statewide, the secondary allocation is estimated at $45,000 that is expected to be approved at the July 2005 meeting of
the N.C. Board of Transportation.
The N.C. Board of Transportation has elected to continue paving projects as listed on the paving priority lists
of last year. These lists are based on a paving priority rating system that allocated two paving priorities in each county,
one for rural roads and one for residential/subdivision roads. The Board now requires a separate listing of roads for each
county showing the roads which have been previously skipped over for paving because the rights-of-way were not
available. Although these roads will not be shown on either of the two paving priority lists, provisions have been made
for any such road to be reinstated to its prior position at such time as the right-of-way becomes available, or as soon
thereafter as reinstatement can be administratively accomplished.
The following road program was presented:
Estimated July 1, 2004 Total Allocation$45,000
Highway Fund$20,000
Highway Trust Fund$25,000
Spot stabilization, paved road improvements, replacement
of small bridges with pipe, safety projects, etc.
Estimated Cost $ 8,000
$37,000
Castle Hayne Volunteer Fire Department
Driveway pavement strengthen
Estimated Cost $18,000
$19,000
Subdivision Roads:
Priority1(S) SR 2619 - Hermitage Drive
Grade, Drain, Base, Pave & Erosion Control
From SR 2002 to Dead End Length - 0.12 miles
Estimated Cost $19,000
$ 0
Note: This project will require additional funding
Total Mileage 0.12
In concluding the presentation, Mr. Combo expressed appreciation to the Board of County Commissioners for
an opportunity to present the 2004-2005 Road Construction Program and stated if any changes occur in the program,
the Board will be notified.
Chairman Greer announced that this was a Public Hearing and he asked if anyone from the audience would like
to speak about the Road Construction Program for New Hanover County.
Hearing no comments, Chairman Greer closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 94
Chairman Greer asked if any member of the Board would like to comment on the proposed program.
Hearing no comments, he requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the 2004-2005
Secondary Roads Construction Program for New Hanover County as presented by the N.C. Board of Transportation.
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 2.3.
PUBLIC HEARING TO CONSIDER REQUEST BY INLAND HARBOUR PROPERTIES, LLC FOR A
SPECIAL USE PERMIT FOR AN INDOOR/OUTDOOR RECREATION ESTABLISHMENT AND CHILD
DAYCARE IN AN R-20 RESIDENTIAL DISTRICT LOCATED ON MIDDLE SOUND LOOP ROAD (S-515,
05/04)
Chairman Greer opened the Public Hearing and announced that the conditional use zoning requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons
who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Bunnie BachmanGrady Richardson
John BauerleinGary Shipman
Ray HorwathBaird Stewart
Stephen JaffeJohn Tinney
Chris JohnstonJan VanHoesen
William McKenzieLinda Warden
Paul MarlowKim Watters
Jennifer Opresnick
Commissioner Pritchett requested that the Board recuse her from voting on this matter stating that she had in
error responded to correspondence from affected property owners concerning the special use permit request.
Motion:
Chairman Greer MOVED, SECONDED by Commissioner Caster to recuse Commissioner Pritchett from
voting on the request for a Special Use Permit from Grady Richardson on behalf of Inland Harbour Properties, LLC.
Upon vote, the MOTION CARRIED 4 TO 0.
Commissioner Caster stated that although he did respond to e-mail correspondence and personal comments
concerning the special use permit he felt his responses were impartial. He also stated that some time in the past year,
while in the Planning Department, the petitioner Scott Stewart, shared his plans for the project with him. Taking this
into consideration, and based on Counsel advise, Commissioner Caster stated he felt he could legitimately vote based
on the evidence being presented tonight.
Chairman Greer requested Senior Planner Baird Stewart to make the Staff presentation.
Senior Planner Stewart reported that this item was continued from the June 7, 2004, meeting at the request of
the applicant to allow his attorney time to review correspondence and evidence. Grady Richardson on behalf of Inland
Harbour Properties, LLC has requested a Special Use Permit for an Indoor/Outdoor Recreation Establishment and Child
Daycare for 110 children for the property located on Middle Sound Loop.
At the Planning Board meeting, Mr. Richardson stated that the traffic for the facility would generally be off
peak hour traffic and based on the nature of family oriented pools and clubs the traffic would typically not occur when
school was in session.
Three people spoke in support of the request including one neighbor who lives directly adjacent to the proposed
daycare. A group of Middle Sound Residents appointed three people to state their opposition and present their concerns.
The primary concerns presented were noise from swim meets and parties, lighting, access from Harlandale Drive, traffic
flow, parking, alcohol sales, and hours of operation. One representative provided the Board with a list of ten conditions
that the Planning Board should consider before taking any action on the special use permit.
After significant discussion among the Planning Board, Staff, the petitioner's attorney, and representatives from
the opposition, the Planning Board voted 5-0 to approve the request with four conditions: 1) Swim meets at the pool
shall be limited to intra-club competition or a maximum of two teams; 2) There shall be no sale of alcohol; 3) Hours
of operation shall be limited to 6 a.m. to 10 p.m.; and 4) Lighting for the project shall be directed inward to the project
and downward as illustrated.Senior Planner Stewart presented the following findings of facts:
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.
A. The subject property is located within the Ogden VFD.
B. The site is served by a city water system and County Sewer.
C. Stormwater management can be accommodated within the Stormwater Management System for
Demarest Village.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 95
2. The Board must find that the use meets all required conditions and specifications of the zoning
ordinance.
A. A site plan which meets the requirements of the zoning ordinance has been submitted.
B. Adequate landscaping and buffering can be accommodated to protect adjoining residential uses from
lights and noise.
C. The project meets all setback and access requirements.
D. The site has frontage on Middle Sound Loop Road (SR 1043), which is designated as a collector road
on the New Hanover County Thoroughfare Classification Plan. Access to the site is from Harlendale
Drive (SR 1979) and from Whisper Park Drive (private R/W).
E. Adequate parking is provided to accommodate the proposed uses. Drop-off and turnaround access is
provided for the Daycare Facility.
F. A fenced play area will be provided on the north side of the buildings designated for the Daycare.
G. The Daycare shall be constructed and operated in accordance with the General Statutes of the State
of North Carolina and any other applicable Federal, State or local codes.
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.
A. To date no information has been presented that the proposed Recreation Facility and Child Daycare
Center will injure the value of adjoining or abutting property.
B. The proposed Indoor/Outdoor Recreation Facility will provide residents of Middle Sound a
recreational option that is otherwise not available nearby.
C. Daycare centers are operated in neighborhoods and residential lots throughout the County. Other
daycare centers are operated in Middle Sound.
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.
A. The proposed development style is consistent with other upscale neighborhoods within Middle Sound.
B. The site is classified as resource protection by the New Hanover County Comprehensive Plan and is
within the urban growth boundaries. The purpose of the Resource Protection class is to provide for
the preservation and protection of important natural, historic, scenic, wildlife and recreational
resources. Within the urban services boundary, residential densities greater than 2.5 units per acre may
be considered for exceptionally designed projects.
Chairman Greer asked if the applicant would like to speak on behalf of the request.
Grady Richardson, attorney representing Inland Harbour Properties LLC, reported that the request before the
Board was for a Special Use Permit for an Indoor/Outdoor Recreation Establishment and Child Daycare for 110 children
for the property located on Middle Sound Loop Road. This request has nothing to do with what has been proposed in
the past and is permitted as a matter-of-right by the special use process. The architectural design of the proposed facility
will compliment the neighborhood, all permits have been approved and financing is in place. Whisper Park Drive would
be the main entrance to access the facilities.
Mr. Richardson requested that the Board wipe the slate clean given the history of this property and Mr.
Stewart’s prior rezoning attempts. This is the first request for a special use permit for this property and the proposed
facilities are contained in the list of permissible special use and was approved unanimously by the Planning Board and
is consistent with the findings of facts.
The Middle Sound/Ogden…Future Directions
Referencing the 1987 document , Mr. Richardson stated that the
document was written with substantial residential participation and outlines concerns, complaints, and the future needs
of the Middle Sound Community. Based on this document the proposed facilities satisfy a number of these concerns:
•The proposed facilities satisfy the need for “adequate services and a livable community”.
•Traffic concerns have been addressed with information from the NCDOT website stating that plans for
widening and resurfacing Middle Sound Loop Road are in the design process. The road is proposed to be
widened from 18’ to 22’ and the portion of the road in front of Ogden Elementary School is to be widened to
28’ and will include two bike lanes.
•The proposed facilities satisfy three of the four concerns for “inadequate park facilities, lack of community
recreational facilities, lack of a community center, and pool and sporting facilities.” The application from
Woodlands Pool that will be before the Board in September demonstrates the need for pool facilities in the area.
Wilmington- New Hanover County
Mr. Richardson continued his presentation highlighting excerpts from the
CAMA Land Use Plan Update and Comprehensive Plan
that was adopted by the Wilmington City Council and the New
Hanover County Board of Commissioners on September 7, 1999. Based on this plan the proposed facilities satisfy a
number of issues:
•The proposed facilities satisfy the concern for “insufficient provision of community open space, recreation and
cultural facilities for present and future needs.”
•The proposed facilities satisfy the concern for “the protection of our community’s significant trees and the
provision of adequate landscaping to address urban design and resource protection issues.” It was noted that
this past July, Mr. Stewart received the 2004 Tree Preservation/Landscape Award in the Residential
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 96
Development Category.
•The proposed facilities satisfy the concern for “elementary schools and kindergartens should be encouraged
to locate in areas where they would provide the maximum benefit to adjoining neighborhoods.”
Mr. Richardson stated that in New Hanover County there are approximately 182 licensed daycare facilities, 108
being located in residential homes and 74 in daycare centers, 49 daycares are located immediately near residential homes
or neighborhoods and 17 are located in other areas; the Middle Sound Loop area does not have a daycare facility.
In closing, Mr. Richardson referenced the following information:
•Affidavit of John Bauerlein stating traffic impact and analyses report.
•Affidavits of residents not opposed to the special use permit request.
•Affidavit of Eric Matzke stating noise level impact and analyses report.
•Affidavit of Glenn Davis stating noise level impact and analyses report.
•Affidavit of William McKenzie stating real estate property value impact and analyses report.
•Affidavit of John Klein stating water, sewer, and storm water permits and report.
•Pictures of signage placed by residents of the Middle Sound Loop area.
Chairman Greer asked the opposition if they would like to speak on the request.
Gary Shipman, attorney representing the Middle Sound Residents, stated that the burden of proof is on the
applicant and that his statements would focus on one of the four Finding of Facts quoting, “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.” A daycare facility that serves 110 children and a 300-membership pool would substantially change the
character of this quiet residential community. In order to approve a special use permit the Board must find that there
is substantial evidence to support that there will not be a change in the harmony. The evidence presented does not show
that the proposed facility will not cause a substantial change in the harmony of the Middle Sound Loop area.
Linda Warden, a resident of Southpoint at Middle Point stated that she lives 250 feet from the proposed complex
and is opposed to the rezoning due to traffic and noise concerns.
Jan VanHoesen, stated he lives on Harlandale Drive which is 827 feet from proposed complex and he and his
wife are opposed to the rezoning due to privacy, noise, and traffic congestion concerns. Demarest Landing and Demarest
Village already have community pools and the addition of the proposed project would be a duplication of services.
John Tinney, a resident of Demarest Landing stated that before building he had conversations with the
developer, Scott Stewart, who spent much time convincing him that the Middle Sound area would remain a private,
residential, quiet community, and he is concerned with the traffic congestion and noise problems.
Ray Horwath, a Middle Sound resident stated that he lives 300 feet from the site and feels that the proposed
recreational facility and daycare center are not in harmony or compatible with the quiet residential community.
Paul Marlow, a Middle Point Subdivision resident stated that he lives immediately adjacent to the proposed site
and is concerned with the traffic flow, additional vehicles driving and parking on the streets due to inadequate parking,
the increased noise, and the resale value of his property. He stated that he felt the proposed site would deprive property
owners of the peaceful enjoyment they now have.
Stephen Jaffe, a Middle Sound Lookout resident entered into the record the sign-in sheets with the names of
the Middle Sound Loop residents present at the meeting who are opposed to the special use permit request.
Mr. Shipman, on behalf of Kim Watters and Bunnie Bachman both residents of the Middle Sound area, entered
into the record notarized statements of their professional concern as real estate brokers that the proposed site would
substantially injure the value of surrounding, abutting or adjoining property due to the noise, traffic, and lights and is
not in harmony with the area.
Jennifer Opresnick, a Middle Sound Loop resident, stated that she would like to enter into the record
signatures of 1,556 Middle Sound residents opposed to the Special Use Permit.
Chairman Greer asked the petitioner for rebuttal comments.
Mr. Richardson stated that he felt the issue concerning swim meets at the pool had been blown out of
proportion. Swim meets were to be limited to intra-club competition or a maximum of two teams. In order to
accommodate the concerns of the residents, the petitioner is willing to remove the option of swim meets from the
Middle Sound/Ogden…Future Directions
proposal. The proposed facility does satisfy concerns listed in both the
PlanWilmington – New Hanover County CAMA Land Use Plan Update and Comprehensive Plan
and the and is
presumed to be in harmony since it is permitted as a matter-of-right by the special use permit process.
In closing, Mr. Richardson requested that he would like to put into evidence a letter dated February 2001,
from Stephen Jaffe stating he was opposed to commercial use of the property but he was not opposed to a pool and
snack bar. He also requested to strike as in-admissible hearsay and irrelevant evidence the petitions that had been
tendered as not competent evidence and the affidavit of Kim Watters and Bunnie Bachman based on findings that
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 97
they are not impartial appraisals since they both are residents of the Middle Sound Loop area.
Chairman Greer asked if there were comments from the public.
Mr. Shipman stated that Mr. Richardson was claiming that harmony of the residential area is already
established because daycare and community pool facilities are included in the permitted uses in the special use
permit. The proposed facility of a 110-child daycare and a 300-member swim club is not in keeping with the
harmony of the Middle Sound Loop area and the evidence presented does not show that the proposed facility will not
cause a substantial change in the harmony of the Middle Sound Loop area.
There being no further comments, Chairman Greer closed the Public Hearing and requested direction from
the Board.
Vice-Chairman Boseman stated her concerns about the combination of the two facilities in such close
proximity to several residential subdivisions not being harmonious placement, as well as the safety concerns
regarding the traffic from the pool facility in the same area as parents dropping off preschool children.
Commissioner Davis stated that he respected the rights of property owners to develop their property as long
as that development was not detrimental to those living in the adjacent and surrounding areas, however, after
considering all the evidence presented he did not feel that the proposed project was in harmony based on the increase
in traffic from the daycare and noise from the pool facility.
Motion:
Vice-Chairman Boseman MOVED, SECONDED by Commissioner Davis to deny a Special Use Permit to
Grady Richardson on behalf of Inland Harbour Properties, LLC for an indoor/outdoor recreation establishment and
child daycare in an R-20 Residential District located on Middle Sound Loop Road. Upon vote, the MOTION
CARRIED 4 to 0.
A copy of the Order denying the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 27.1.
Copies of the Exhibits submitted are on file in the Planning Department.
BREAK
Chairman Greer called for a ten-minute break.
PUBLIC HEARING TO CONSIDER A REQUEST BY CARLTON FISHER FOR JERE LEGWIN TO REZONE
APPROXIMATELY 2.3 ACRES OF PROPERTY LOCATED AT 7965 MARKET STREET FROM
CONDITIONAL USE B-2 AND R-15 TO O&I OFFICE AND INDUSTRIAL (Z-778, 07/04)
Chairman Greer opened the public hearing and requested Senior Planner Baird Stewart to present the Staff
summary.
Senior Planner Stewart reported that Carlton Fisher is requesting on behalf of the petitioner, Jere LeGwin, to
rezone approximately 2.3 acres of property located at 7965 Market Street at the intersection of Market Street and
.
Mendenhall Drive from Conditional Use B-2 and R-15 to O&I Office and InstitutionAt the Planning Board’s meeting
on July 1, 2004, no one spoke in support or opposition and the Planning Board voted 5 to 0 to recommend approval per
Staff recommendations. Staff recommends approval based on the current pattern of development, the consistency with
the Comprehensive Plan, and the use of the O&I District to establish a transition to Residential uses to the south.
Chairman Greer asked if anyone from the public wished to speak in favor of the request.
Carlton Fisher representing the petitioner spoke in favor of the rezoning, stating that the O&I Office and
Institution zoning establishes a good transition to residential use.
Chairman Greer asked if anyone from the public wished to speak in opposition to the request.
There being no further comments, Chairman Greer closed the Public Hearing and requested direction from the
Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to rezone approximately 2.3 acres
of property located at 7965 Market Street at the intersection of Market Street and Mendenhall Drive from Conditional
Use B-2 and R-15 to O&I Office and Institution. 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. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 51.
PUBLIC HEARING TO CONSIDER REQUEST BY JOE TAYLOR FOR GATEWAY CHURCH TO REZONE
APPROXIMATELY 4.07 ACRES OF PROPERTY LOCATED AT 6631 AND 6639 GORDON ROAD FROM
O&I OFFICE AND INSTITUTION TO CD (I-1) CONDITIONAL USE LIGHT INDUSTRIAL (Z-779, 07/04)
Chairman Greer opened the public hearing and requested Senior Planner Baird Stewart to present the Staff
summary.
The following persons were sworn in:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 98
William Ambrose
Nancy Lepiarz
Patricia Lepiarz
Charlie Rivenbark
Baird Stewart
Joe Taylor
Senior Planner Stewart reported that the petitioner, Joe Taylor representing Gateway Church,is requesting to
rezone approximately 4.07 acres of property located at 6631 & 6639 Gordon Road adjacent to Farrington Farms
subdivision from O&I Office and Institution to CD (I-1) Conditional Use Light Industrial for a mini-warehouse. Since
the property is located on the heavily traveled Gordon Road and the triangular shape of the property would be difficult
to develop residentially, staff believes that O&I Office and Institutional is the appropriate zoning for the property and
offers the most protection for surrounding neighbors. Therefore, Staff recommends denial of the request. Staff has
received a revised site plan that addresses some of the recommended changes.
At the July 1, 2004, Planning Board Meeting, the Planning Board voted to deny the request but suggested that
some changes to the site plan might significantly improve the character of the project and lessen potential impact to
adjacent property values. The recommended Planning Board conditions are:
1.The proposed removal of the two significant trees should be denied.
2.Lighting should be confined to the site and directed away from the Farrington Farms Subdivision.
3.Limited hours of operation shall be established.
4.Architectural controls as proposed by the applicant shall apply.
5.Security fencing along Ogden Park Drive should be consistent with the estate style fencing proposed along the
Gordon Road frontage.
6.Access should be limited to one curb cut on Gordon Road. (If this were an office type use an access to Ogden
Park Drive would be appropriate.)
7.The fence along the buffer yard adjacent to Farrington Farms shall be at least 8 feet high and the Board may
want to consider requiring a wall and additional buffer width to provide additional noise protection and reduce
long-term maintenance issues associated with a wood fence.
Chairman Greer asked if any member of the Board would like to comment, and hearing none, he asked the
petitioner if he would like to present testimony.
Attorney Joe Taylor, representing the Gateway Church, stated that a study has been conducted concerning the
need for a residential storage facility. Most jurisdictions allow this type of facility as a matter-of-right, and the proposed
design will be the best transition to residential because it has a low profile, residential landscaped look. He stated that
the forty approved uses included in O&I zoning will be more obtrusive than what is being proposed.
Charlie Rivenbark representing Gateway Church stated that this will be a quiet use of the property and water
and sewer hook-up will not be an issue.
Chairman Greer asked if anyone from the public wished to speak on the request.
Nancy Lepiarz, a resident of Farrington Farms Subdivision, expressed her concerns that the rezoning would
cause a decline in property values, increased traffic on Gordon Road, and there safety issues with large trucks and
moving vans turning left into the warehouse facility where no left turn lane is provided. She felt that the zoning should
remain consistent and if this property was rezoned it would cause a domino effect of rezoning on Gordon Road. She
also felt that a mini-warehouse was not a public necessity.
Patricia Lepiarz, a resident of Farrington Farms Subdivision, stated that residents of the area felt that since the
Planning Board and Staff had denied the request the residents didn’t feel the need to attend this meeting. She stated she
was opposed to the rezoning request for safety issues and felt it would cause a decline in property values because the
fence proposed would not adequately hide vehicles, RV’s, and boats stored on the warehouse property.
Mr. Taylor responded that he had met with the neighbors and felt that they understand this is the best use of
the property and would protect their property values. The property could be more densely populated if the zoning
remains O&I Office and Institution.
There being no further comments, Chairman Greer closed the public hearing and asked for direction from the
Board.
Commissioner Pritchett asked if this was to be strictly a residential storage warehouse and with no commercial
areas and would not be used for yard sales.
Mr. Taylor responded that it was strictly to be used for residential storage and would have only four foot doors,
be climate controlled and not be wired with electricity in the individual units. He stated that yard sales would not be
permitted on the premises nor would there be storage of vehicles, RV’s, boats, etc.
Commissioner Davis commented that he was concerned that the revisions were not taken back to the Planning
Board for their approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 99
Mr. Taylor stated that they were on a tight time frame and they did not feel they had the time to go through that
process.
Commissioner Davis asked Senior Planner Stewart if all the Planning Board’s concerns had been addressed.
Senior Planner Stewart responded that not all of the Planning Board’s had been addressed.
Commissioner Pritchett asked if there was sufficient space for large trucks to be able to turn around on the site
and not have to back out onto Gordon Road.
Mr. Taylor responded that there are two driveways, one would be used only as an exit, and there was sufficient
space for large trucks to be able to turn around on the site.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Greer to approve the request by Joe Taylor
representing Gateway Church,to rezone approximately 4.07 acres of property located at 6631 & 6639 Gordon Road
adjacent to Farrington Farms subdivision from O&I Office and Institution to CD (I-1) Conditional Use Light Industrial
for a mini-warehouse. Upon vote, the MOTION FAILED TWO TO THREE. Chairman Greer and Commissioner Caster
voted in favor of the motion.
PUBLIC HEARING TO CONSIDER REQUEST BY KAREN MCINTYRE FOR A SPECIAL USE PERMIT
TO OPERATE A CHILD DAYCARE FACILITY IN AN R-10 RESIDENTIAL DISTRICT LOCATED AT 4530
NOLAN ROAD IN CHURCHILL ESTATES SUBDIVISION (S-520, 7/04)
Chairman Greer opened the Public Hearing and announced that the conditional use zoning requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons
who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Karen McIntyre
Baird Stewart
Chairman Greer requested Senior Planner Baird Stewart to make the Staff presentation.
Senior Planner Stewart reported that the petitioner, Karen McIntyre, is requesting a Special
Use Permit to operate a Child Daycare Facility for 12 children in an R-10 Residential Zoning District located at 4530
Nolan Drive in Churchill Estates Subdivision. At the Planning Board’s July 1, 2004, meeting the Planning Board vote
4 to 1 to recommend approval of the Child Daycare for a maximum of 10 children based on the staff concern for
reducing the number of children. No one spoke in opposition to the request at the Planning Board Meeting.
Senior Planner Stewart presented the following findings of facts:
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.
A. The subject property is located within the Winter Park VFD.
B.The site has access to Noland Drive, which is a public right-of-way.
C.The site is served by County water and private sewer/septic.
D.The proposed use will occur in an existing home that is currently used as an in-home daycare for 5
children or less.
2.The Board must find that the use meets all required conditions and specifications of the zoning
ordinance.
A.Child Daycare is permitted by special use permit in the R-10 District. The subject parcel is
approximately 12,000 sf. and is zoned R-10.
B.There is sufficient space to accommodate ingress, egress, and parking in a manner to provide access
without backing onto the public right of way.
C.There is an existing fenced play area.
D.No outside signs are proposed
E.Operation of the facility shall comply with the provisions of the General Statutes of the State of North
Carolina and other applicable federal or local codes.
F.No new buildings are proposed.
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.
A.The subject property is located in an R-10 residential district.
B.Child daycare facilities are permitted by special use permit in all residential districts.
C.Child daycare facilities are operated in numerous homes throughout the County.
D.Some child daycare facilities have been approved in close proximity within Churchill Estates.
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.
A.The site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 100
of the developed class is to provide for continued intensive development and redevelopment of
existing urban areas.
B.Several policies in the Comprehensive Plan support establishing programs for elderly, special needs,
and children.
Commissioner Davis asked if this was consistent with the land use plan and addressed the concerns that the
number of children be limited to ten.
Senior Planner Stewart responded that it was consistent with the land use plan and that neighbors concerns had
been addressed.
Commissioner Davis asked why one of the Planning Board members voted against approval.
Senior Planner Stewart responded that the concern voiced was for the number of children limitation to be
consistent with a previous request.
Chairman Greer asked Ms. McIntyre if she agreed to the limitation of ten children.
Ms. McIntyre responded that she did.
Chairman Greer asked if anyone from the public wished to speak on the request.
There being no further comments, Chairman Greer closed the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to grant a Special Use Permit to
Karen McIntyre to operate a Child Daycare Facility for 10 children in an R-10 Residential Zoning District located at
4530 Nolan Drive in Churchill Estates Subdivision. 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
III, Page 27.2.
PUBLIC HEARING TO CONSIDER A REQUEST BY ANDREW & KUSKE CONSULTING FOR OGDEN
TWELVE, LLC TO AMEND THE APPROVED SITE PLAN FOR A SPECIAL USE PERMIT WITHIN AN
EXISTING B-2 HIGHWAY BUSINESS DISTRICT (S-511, 12/03)
Chairman Greer opened the Public Hearing and announced that the conditional use zoning requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons
who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
John Kuske
Ken Shanklin
Baird Stewart
Cindee Wolf
Chairman Greer requested Senior Planner Baird Stewart to make the Staff presentation.
Senior Planner Stewart reported that thepetitioner is requesting to amend the approved site plan for a Special
Use Permit for a 156-unit apartment complex and 21,600 square feet of commercial space within an existing B-2
Highway Business District at 7720 Market Street on the east side adjacent and north of Mercer Marine. The proposed
revisions to the site plan are a result of changes to the Stormwater Management System. At the July 1, 2004, Planning
Board meeting the Planning Board recommended approval with the following conditions: 1) Wetlands vegetation and
landscaping shall be planted in infiltration pond 1 & 2 to facilitate bio-retention; 2) Interpretive signage shall be provided
onsite for public educational purposes; 3) Vegetated filter strips shall be provided at pond outlets; and 4) Wetland
plantings shall be incorporated into pond 3 to establish a constructed wetland.
Commissioner Davis asked Senior Planner Stewart if the submitted plan meets the minimum standards and if
the four conditions have been met.
Senior Planner Stewart stated that the submitted plan does meet the minimum standards including the four
conditions.
Chairman Greer asked if anyone from the public wished to speak on the request.
Ken Shanklin, attorney for the petitioner, reported that the proposed revisions to the site plan are a result of the
changes to the Stormwater Management System.
Cindee Wolf with Design Solutions for Ogden Twelve, LLC, reported that because of the high groundwater
table the infiltration system was changed to an aboveground system. The infiltration system encroaches into the rear
bufferyard but the minimum 20 feet bufferyard remains undisturbed. Some buildings have been shifted and parking has
been rearranged. A retaining wall has been added at the edge of the southern bufferyard and at the north of the
community pool and clubhouse to protect the trees.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 101
There being no further comments, Chairman Greer closed the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to amend the site plan for a Special
Use Permit for a 156-unit apartment complex and 21,600 square feet of commercial space within an existing B-2
Highway Business District at 7720 Market Street subject to the conditions: 1) Wetlands vegetation and landscaping shall
be planted in infiltration ponds 1 & 2 to facilitate bio-retention; 2) Interpretive signage shall be provided onsite for public
educational purposes; 3) Vegetated filter strips shall be provided at pond outlets; and 4) Wetland plantings shall be
incorporated into pond 3 to establish a constructed wetland. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Amended Special Use Permit is hereby incorporated as part of the minutes and is contained in
SUP Book III, Page 27.3.
PRESENTATION OF FUNDING REQUEST FOR THE WILMINGTON CHILDREN’S MUSEUM
Chairman Greer welcomed Wilmington Children’s Museum Board Member Howard Loving and Wilmington
Children’s Museum Executive Director Mebane Boyd and requested Ms. Boyd to make the presentation.
Ms. Boyd updated the Board on the capital campaign for the Wilmington Children’s Museum and requested
the Board to consider funding support for the expansion project and match the City’s contribution of $100,000 over four
years.
Chairman Greer asked for direction from the Board.
Commissioner Pritchett and Commissioner Davis voiced concerns that the budget request was not submitted
during the regular budget process and the need for consistency when dealing with budget requests from worthy agencies.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the Wilmington
Children’s Museum funding request in the amount of $100,000 over a four-year periodwith the conditions of $25,000
from the FY 04-05 Contingency Fund and that funds be appropriated in future budgets. Upon vote, the MOTION
CARRIED 3 TO 2. Chairman Greer, Vice-Chairman Boseman and Commissioner Caster voted in favor.
PRESENTATION OF CAMA PLAN SURVEY OF REGISTERED VOTERS
Chris O’Keefe reported that as a part of the Citizen Participation Process for the CAMA (Coastal Area
Management Act) Plan Update, the County and City contracted with UNCW to perform a telephone survey of registered
voters to find out their opinions about numerous issues relating to land use and development. Chairman Greer introduced
Dr. Steve Meinhold and requested him to make the presentation.
Dr. Meinhold reported that the Survey was completed in April of this year and a report summarizing the results
has been compiled. The survey results will be used to direct staff efforts towards issues which are covered in the Plan.
Survey results of people polled are:
•64% felt the County was growing at too fast a rate
•43% would like to see more light high-tech industrial activity in the County
•84% felt that developers should be required to help pay the costs of new public facilities needed because of
growth, such as new roads, parks and schools.
•92% felt that it is important to protect environmental resources even if it increases the cost of development and
that cost is passed on to buyers.
•34% felt that the road system needed improvement most over other modes of transportation.
•19% felt that of additional issues discussed the most important issue was more controls to protect the quality
of drinking water; 96% felt that the County and City should address this issue; and 88% would support the
County and City spending additional dollars to address this issue.
On behalf of the Board, Chairman Greer thanked Dr. Meinhold for the information.
CONSIDERATION OF LAW ENFORCEMENT RESOLUTION AND INTERLOCAL AGREEMENT WITH
THE TOWN OF CAROLINA BEACH
Chairman Greer welcomed Carolina Beach Mayor Dennis Barbour and reported that he was present to answer
questions from the Board regarding the Interlocal Agreement with the Town of Carolina Beach.
Mayor Barbour stated that the item for consideration is an interlocal agreement with the Town of Carolina
Beach to allow the Town of Carolina Beach Police to enforce New Hanover County’s ordinances on that section of the
island north of the Town of Carolina Beach. The agreement would also allow Carolina Beach to enforce a decal
ordinance that Carolina Beach is in the process of enacting, and any state laws. The North End Ad-Hoc Committee
Phase 1 Management Plan proposed an Ordinance that will be brought before the Town Council for approval at their
August 10 th meeting. A public hearing was held with a good balance of County residents and local residents attending.
Chairman Greer requested direction from the Board.
Commissioner Davis stated that he would prefer to table the item until the Board’s August 16, 2004 meeting
which will allow the Town Council of Carolina Beach time to make a decision on the adoption of the Ordinance at their
August 10, 2004 meeting and for liability issues to be addressed in the Interlocal Agreement.
Vice-Chairman Boseman stated that she would prefer to table the item until the Board’s August 16, 2004
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 102
meeting and suggested it be brought back as a public hearing item.
Chairman Greer stated that he is willing to approve the Interlocal Agreement as presented and is pleased that
the Town of Carolina Beach is willing to police the north-end portion of the beach. He stated he felt it is not fair to the
Town of Carolina Beach if they assume the patrolling responsibilities but the County continues to have authority.
Chairman Greer asked for direction from the Board.
Motion:
Commissioner Davis MOVED, SECONDED by Vice-Chairman Boseman to table the approval of the Interlocal
Agreement with the Town of Carolina Beach until the August 16, 2004 meeting at which time a public hearing will be
held. Upon vote, the MOTION CARRIED 4 to 1. Chairman Greer voted in opposition.
COMMITTEE APPOINTMENTS
Appointment to the Inspections Department Advisory Council
Chairman Greer announced thatduring the July 12, 2004 Regular Meeting of the County Commissioners the
following appointments were made:
•Buck O’Shields was reappointed to the Builder Category.
•Clarence Harrelson was appointed to the Electrical Contractor Category.
•David Lee Smith was appointed to one of two At-Large Category vacancies.
•Sam J. Guidry and Frank Oddo each received 2 votes and the Clerk to the Board was directed to bring back the
applications to the August 2 nd meeting.
Chairman Greer reported that during the interim it has been discovered that Frank Oddo is currently serving
on the Library Advisory Board and the Industrial Facilities and Pollution Control Financing Authority Board. Sam J.
Guidry remains an applicant for the remaining At-Large Category vacancy.
Chairman Greer asked for direction from the Board.
Commissioner Caster nominated Sam J. Guidry. The nomination was seconded by Vice-Chairman Boseman.
Chairman Greer called for a vote on the appointment of Sam J. Guidry.
Vote:
The Board voted unanimously to appoint Sam J. Guidry to a three-year term on the Inspections Department
Advisory Council in the At-Large Category, with the term to expire July 31, 2007.
Appointment to the Planning Board
Chairman Greer announced that during the July 12, 2004 Regular Meeting of the County Commissioners Sandra
L. Spiers was appointed. Sue Y. Hayes and Livian Lawrence Jones each received two votes and the Clerk to the Board
was directed to bring back the applications to the August 2 nd meeting. One vacancy is needed to be filled on the Planning
Board with four applicants eligible for appointment.
Chairman Greer asked for direction from the Board.
Commissioner Caster nominated Livian Lawrence Jones. The nomination was seconded by Chairman Greer.
Commissioner Pritchett nominated Sue Y. Hayes. The nomination was seconded by Commissioner Davis.
Hearing no further nominations, Chairman Greer declared the nominations closed.
Chairman Greer called for a vote on the appointment of Livian Lawrence Jones.
Vote:
The Board voted two to three to appoint Livian Lawrence Jones to serve a three-year term on the Planning Board
with the term to expire July 31, 2007. Chairman Greer and Commissioner Caster voted in favor of the nomination.
Chairman Greer called for a vote on the appointment of Sue Y. Hayes.
Vote:
The Board voted three to two to appoint Sue Y. Hayes to serve a three-year term on the Planning Board with the
term to expire July 31, 2007. Vice-Chairman Boseman, Commissioner Davis and Commissioner Pritchett voted in favor
of the nomination.
Appointment to the New Hanover Regional Medical Center Board of Trustees
Chairman Greer announced that one vacancy needed to be filled on the New Hanover Regional Medical Center
Board of Trustees and that thirty-seven applications have been received, and he asked for nominations from the Board.
Commissioner Pritchett nominated John D. Fuller. The nomination was seconded by Commissioner Caster.
Hearing no further nominations, Chairman Greer declared the nominations closed.
Chairman Greer called for a vote on the appointment of John D. Fuller.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30
REGULAR MEETING, AUGUST 2, 2004PAGE 103
Vote:
The Board voted unanimously to appoint John D. Fuller to serve the unexpired term on the New Hanover Regional
Medical Center Board of Trustees with the term to expire September 30, 2005.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 9:30 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 9:45 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.
Marvin Grainger spoke on his concerns about the high crime rate in Wilmington and the need for a
Confederation of Non-Profit Organizations to address these issues.
ADDITIONAL ITEMS
Additional Items from Commissioner Caster
Commissioner Caster reported that he enjoyed attending the Supper Optimist Baseball Kick-off Ceremony
where there were twenty teams from seven states competing.
Commissioner Caster reported that he attended the TDA Board meeting where several items were discussed:
1) a survey of staff salaries was considered. In response to the survey, a small salary increase was approved that comes
to an additional total cost for the year of approximately $61,000; 2) the Room Occupancy Tax has shown an increase
of approximately 30% for the summer season; and, 3) the TDA Board received a request from the Cape Fear Museum
Director Ruth Haas to consider partnering with the Cape Fear Museum, which would include an expansion and relocation
if approved. Finance Director Bruce Shell will be providing input.
Commissioner Caster reported that he attended the Northside Waste Water Treatment Plant
public hearing and as Board Representative, the CAMA Land Use Plan public hearing.
Additional Items from Vice-Chairman Boseman
Vice-Chairman Boseman offered condolences on behalf of the Board to Planning Director Dexter Hayes on
the loss of his father and to former County Commissioner William E. Sisson, Jr. on the loss of his mother.
Vice-Chairman Boseman requested County Manager O’Neal to update the Board at their next meeting
concerning the proposed landfill being located in Brunswick County.
Additional Items from Commissioner Pritchett
Commissioner Pritchett commented on her disappointment with the lack of public attendance at the CAMA
Land Use Plan public hearing and hoped public attendance would improve at the next public hearing.
Commissioner Pritchett reported attending the Red Cross Cape Fear Chapter Award Ceremony and the
wonderful programs beyond the blood drives that are accomplished through this organization, and she encouraged
support for this organization. She stated this past year their programs have provided emergency financial assistance to
116 families representing 345 individuals who were victims of home fires; meals to 2,900 residents who were without
power during the January ice storm; opened thirteen shelters during Hurricane Isabel to house 2,346 evacuees; annually
assist over 300 families with emergency communications with the Armed Forces; and train over 8,000 people a year in
first aid and CPR.
Commissioner Pritchett commended Solid Waster Planner Jason Hale with the Environmental Management
Recycling Division for his efforts in almost doubling the income for the same time period as last year by increasing
recycling programs and renegotiating contracts. There has been an increase in recycling and they are collecting more
material through drop-offs than the City is collecting at curbside pick-ups. She also noted that they have been awarded
a grant in the amount of $25,000.
Additional Item from Commissioner Davis
Commissioner Davis stated that he shares Vice-Chairman Boseman’s concerns about the proposed landfill and
is looking forward to the update at the next meeting.
ADJOURNMENT
There being no further business, Chairman Greer adjourned the meeting at 10:00 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board