2004-11-08 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 167
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 8,
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
Ms. Susan Dankel, Deacon, Church of the Servant gave the invocation.
Vice-Chairman Boseman led the audience in the Pledge of Allegiance to the Flag.
Chairman Greer recognized Austin DeVane with Boy Scout Troop 246 who was in attendance to earn his
Citizenship in the Community badge.
Chairman Greer congratulated Commissioners Davis and Pritchett for their re-election victory to the New
Hanover County Board of Commissioners and Vice-Chairman Boseman for her election victory to the State Senate.
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.
Commissioner Pritchett clarified with County Manager O’Neal that KGI Wireless was willing to lease the
County space on the tower and requested the appropriate verbiage be added to the minutes.
Chairman Greer requested removal of Consent Agenda Items 4 and 6 for further discussion.
Discussion of Consent Agenda Item 4 – Approval to Accept State Funding to Support Local Bio-Terrorism
Efforts
Chairman Greer clarified that the Health Planner position that would be funded from the acceptance of the
funds will be terminated when the funding ends.
Discussion of Consent Agenda Item 6 – Approval of Request for Proposals for a Master Plan for Parks,
Recreation and Open Space
Chairman Greer clarified with Parks Director Neal Lewis that the funds budgeted will be sufficient to
complete the Master Plan.
Parks Director Lewis stated that the Oversight Group would include representatives from the County,
municipalities, NHC Board of Education, NHC Tidal Creeks Advisory Committee, and the Greater Wilmington
Sports Commission. A set of recommendations will come from the Oversight Group that will include strategies for
funding and a prioritized schedule with cost estimates for the implementation of the Master Plan.
Hearing no further comments, Chairman Greer asked for direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the items on the
Consent Agenda as presented with the addition to the minutes as noted. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the corrected minutes of the following meeting as presented by the Clerk to
the Board:
Regular Meeting – October 18, 2004
Acceptance of Additional Home and Community Care Block Grant Funds and Senior Center General
Purpose Funds and Approval of Related Budget Amendment #05-0081 – Department of Aging
The Commissioners accepted additional funding in the amount of $22,297 from the Home and Community
Care Block Grant (HCCBG)and $9,029 from the Senior Center General Purpose Funds (SCGP) and approved the
related budget amendment #05-0081. The money from the HCCBG will be used to increase In-Home Aide Services
to elderly clients. The money from the SCGP will be used to offset salaries of the Senior Center Program Manager’s
staff. The required 25% match is available in the department's approved FY2005 budget.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 168
Budget Amendment #05-0081 – Department of Aging
AdjustmentDebitCredit
General Fund:
County Commissioners:
Appropriated Fund Balance$9,029
Aging:
In Home Aid:
CDBG – Social$10,566
Contracted Services$10,566
Adult Day Care:
Aging Social Services State$11,731
Contracted Services$11,731
Senior Center:
CDBG – Social$9,029
Explanation: To budget additional funds for Home and Community Block Grant and general purpose for
FY 04-05. To offset County funds already budgeted for salary and benefits of the Senior Center Program Manager.
Approval of New Hanover County Board of Education Budget Amendments
The Commissioners approved the New Hanover County Board of Education budget amendments. The
budget amendments adjust the school budget to reflect changes necessary to fund the new elementary school at
Veterans Park and design Ogden Elementary School renovations. The County Commissioners approved the
adjustments in the New Hanover County Budget at the Board’s September 20, 2004 meeting. The County
contribution of $4,275,834 ($3,975,834 + $300,000) will be funded by County General Fund-Fund Balance over a
two-year period.
Acceptance of Funding from the NC Department of Health and Human Services to Support Local Bio-
Terrorism Efforts and Approval of Related Budget Amendment #05-0080 – Health Department
The Commissioners accepted funding from the NC Department of Health and Human Services to support
local bio-terrorism efforts in the amount of $137,114 and approved the related budget amendment #05-0080. The
money will be used to cover 100% of the salary and benefits for the Health Planner position, as well as other costs to
include: travel and training for NHC Health Department staff as it relates to bio-terrorism efforts, annual Nextel
service, Xerox Copier lease, supplies for the five dispensing sites identified for disaster preparedness and recovery,
Strategic Planning Session through the North Carolina Institute for Public Health, two laptops, mobile printers,
digital projector and television to be used to support PHTIN video-conferencing sessions.
Budget Amendment #05-0080 - Health
AdjustmentDebit Credit
General Fund:
County Commissioners
Appropriated Fund Balance$56,772
Health Administration:
Bio-terrorism Preparedness$119,017
Bio-terrorism Comm. and Assess.$3,156
Bio-terrorism - SMS$5,671
Bio-terrorism - Smallpox$9,270
Telephone Expense$13,500
M&R - Equipment$9,000
Departmental Supplies$39,000
Capital Outlay - Equipment$18,842
Explanation: To offset County dollars originally budgeted for Health Planner position with funds received
from the Bio-terrorism grant. To accept, approve and budget state funding in support of local bio-terrorism efforts.
Approval of Submission of a March of Dimes Grant for Maternity Care Coordination Incentive Program –
Health Department
The Commissioners approved the submission of a March of Dimes Grant for Maternity Care Coordination
Incentive program in the amount of $3,000. If awarded, the funds will be used to purchase both educational supplies
and incentives for pregnant women in the Maternity Care Coordination Program. No in-kind match is required.
Approval of Request for Proposal for a Master Plan for Parks, Recreation and Open Space for New Hanover
County
The Commissioners approved the solicitation of Request for Proposal for a Master Plan for Parks,
Recreation, and Open Space. Funding is included in the current budget to develop a comprehensive Master Plan for
Parks, Recreation and Open Space for New Hanover County. The last Master Plan for Parks and Recreation was
prepared in 1988, and, for the most part, has been completed. The Master Plan will examine existing facilities and
programs, establish standards by which to evaluate the current status of parks and recreation, and make
recommendations for future actions. The Master Plan will consider the County, the municipalities, the schools and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 169
other park and recreation providers and how the general public can best be provided with the facilities and programs
they desire. The Master Plan will take approximately six to nine months to complete.
Approval of Budget Amendment #05-0078 – Social Services
The Commissioners approved the following budget amendment:
Budget Amendment #05-0078 – Social Services
AdjustmentDebit Credit
Child Day Care:
DSS/Smart Start Daycare$192,651
DSS/Smart Start Daycare$192,651
Explanation: To budget additional funds received for the Smart Start program.
Approval of Budget Amendment #05-0079 – Juvenile Services
The Commissioners approved the following budget amendment:
Budget Amendment #05-0079 – Juvenile Services
AdjustmentDebitCredit
Juvenile Day Treatment Center - NHCS:
Contributions from School$17,400
Salaries$10,000
Postage Expense$1,000
M&R - Auto and Trucks$705
Departmental Supplies$1,000
Books and Periodicals$1,500
Fuel and Supplies$2,895
Dues and Subscriptions$300
Explanation: To budget increase in funds from NHC Schools to deliver educational services and
transportation.
REGULAR ITEMS OF BUSINESS
CONSIDERATION OF PROCLAMATION DECLARING NOVEMBER 2004, AS NATIONAL HOSPICE
MONTH IN NEW HANOVER COUNTY
Chairman Greer reported that Katrinka Webb, Community Outreach Coordinator for the Lower Cape Fear
Hospice and Life Care Center has requested that the Board proclaim November 2004, as National Hospice Month in
New Hanover County.
Vice-Chairman Boseman read the proclamation into the record.
Motion:
Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
declaring November 2004, as National Hospice Month 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 9.1.
CONSIDERATION OF PROCLAMATION DECLARING NOVEMBER 2004, AS ADOPTION
AWARENESS MONTH IN NEW HANOVER COUNTY
Chairman Greer reported that the Board of Social Services requested that the Board of County
Commissioners consider adopting a proclamation declaring November 2004 as Adoption Awareness Month in New
Hanover County to recognize the value of adoption for children in need of permanent homes with loving families.
The Governor has proclaimed November as Adoption Awareness Month in North Carolina.
Commissioner Caster read the proclamation into the record.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the proclamation
declaring November 2004, as Adoption Awareness Month 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 9.2.
PUBLIC HEARING TO CONSIDER GRANT APPLICATION FOR COMMUNITY TRANSPORTATION
PROGRAM FUNDING FOR FY 2005-2006
Department of Aging Director Annette Crumpton introduced Transportation Board Member William
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 170
Bryden and asked him to make the presentation.
Mr. Bryden reported that New Hanover County is eligible to obtain grant funding from the North Carolina
Department of Transportation (NCDOT) for administrative, capital and technology assistance in the operation of the
Cape Fear Public Transportation Authority (CFPTA). The grant application deadline is November 19, 2004.
CFPTA provides general public and employment transportation to the unincorporated areas of the County. Human
services transportation is also provided to clients of human service agencies throughout the County. A total grant
application in the amount of $336,663 is being requested for the upcoming fiscal year. Local matching funds
required from the County total $42,332 and will be included in the CFPTA budget request for the upcoming year.
The Transportation Board requests the Board to conduct the public hearing, approve the request to submit the
application, adopt the resolution on use of funds, and authorize Chairman Greer, County Manager O'Neal and
County Attorney Copley to execute the appropriate application certifications and assurances upon receipt thereof
and accept program funds if the grant is awarded.
Chairman Greer opened the Public Hearing and he asked if anyone from the audience wished to speak on
the request.
Hearing no comments, Chairman Greer closed the public hearing and called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the request to
submit the grant application to the NC Department of Transportation, adopt the resolution on use of funds, and
authorize Chairman Greer, County Manager O'Neal and County Attorney Copley to execute the appropriate
application certifications and assurances upon receipt thereof and accept program funds if the grant is awarded.
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 9.3.
PUBLIC HEARING TO CONSIDER REQUEST BY STAN BULLOCK AND CHIP HICKS FOR
MARGARET OLSEN FOR MODIFICATION OF AN EXISTING SITE PLAN AND SPECIAL USE
PERMIT FOR A YOUTH SOCCER FACILITY LOCATED AT 6101 MURRAYVILLE ROAD (S-452,
10/04)
Chairman Greer opened the Public Hearing and announced that the special use process required 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:
Doug Darrell
Stephanie Folcher
Dexter Hayes
Teena McMahon
Chairman Greer announced that the applicant and opponents would each be allowed a total of twenty
minutes to present their arguments, with fifteen minutes each for the presentations and five minutes each for
rebuttals/cross examinations. He requested Planning Director Dexter Hayes to make the Staff presentation.
Planning Director Hayes reported that the petitioners are requesting a modification of an existing site plan
and Special Use Permit originally granted in March 2000. The petitioners have successfully operated a youth soccer
program for 500 to 700 youth players per week. The petitioners would like to expand the program by adding
lighting as well as additional fields. The first phase of the expansion is to relocate some of the existing lighting, add
lighting to the existing field that abuts residents on Rockwell Road and add some lighting in the parking area. The
lighting is proposed for location on taller 45-foot high poles.
The applicants are also requesting a modification of the Condition on the current Special Use Permit that
requires the lights to go off by 7:00 p.m. and are requesting a change to 9:00 p.m. Expansion of the fields and
parking to the north reflect future plans to accommodate the increasing demand for recreation facilities. The
petitioners need to get proper land disturbance permits and wetland delineations prior to any clearing or grading.
The Planning Board recommends approval by a vote of 3-2 with the following conditions: 1) additional
hours to 9:00 p.m.; 2) add lighting to the parking lot; 3) extend the light poles to 45 feet; and 4) add lights to the
second field. A restroom facility would be required per the Plumbing and Health Codes. The Board felt that there
was insufficient information provided to approve the additional fields on the north end of the project. Two
neighbors from Rockwell Road spoke in opposition and presented a petition, stating that their primary concern was
about drainage and they were not certain that other neighbors understood that there was a request for additional
lighting. Staff supports the Planning Board recommendations with the parking lot lighting being ground lighting
and the two additional fields being approved at a later date.
Commissioner Davis asked Planning Director Hayes what concerns the two Planning Board members
voiced who voted in opposition to the proposed project.
Planning Director Hayes responded that the two members had concerns about the location of the two
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 171
additional fields being located in a wetland area and with the hours of operation and lighting impact on neighbors.
Commissioner Davis clarified with Planning Director Hayes that the proposed use was consistent with the
Land Use Plan
Commissioner Pritchett clarified with Planning Director Hayes that the Planning Board did not approve the
additional fields, and if the Board approved the request, a wetland study would have to be conducted before any
construction could occur.
Planning Director Hayes reported that the lighting request was to increase the height of the light poles from
30 feet to 45 feet and the lighting would be directed downward. Staff was recommending that the parking lot
lighting be ground level lighting.
Chairman Greer asked if the applicant would like to speak on behalf of the request.
Doug Darrell representing Olsen Farms Soccer Fields and the Soccer Academy spoke on the generosity of
the Olsen family making twelve more acres available for soccer field expansion. Stating that the fields were used by
the community and supported by local businesses without funding from the County. He entered into the record
petitions with eight hundred signatures in support of the proposed project stating that the adjacent property owner
was also in favor of the project and had signed the petition. He stated that the additional lighting would increase
security as would the extended hours of lighting operation. Acquiring approval by the Board will aid in raising
money for the field expansion and will allow the field use to be rotated. Stroud Engineering has conducted a study
of the drainage problems and has determined that the Olsen property is the recipient of the drainage flow and not
part of the cause. Great care is being taken to add additional green space.
Stephanie Folcher, president of the Ogden Elementary School PTA, spoke in support of the proposed
project stating that the Olsen Farms Soccer Fields and Soccer Academy was well run and an asset to the County’s
families and children.
Chairman Greer asked if anyone would like to speak in opposition.
Teena McMahon, a resident of Rockwell Road, spoke in opposition to the request due to drainage ditch
flooding concerns and was told that if the soccer fields expansion was approved it would increase drainage
problems. She also spoke on her concerns on the height of the proposed lights and increased traffic on Rockwell
Road.
Vice-Chairman Boseman asked Planning Director Hayes how the drainage on Rockwell Road would be
affected if the field expansion were approved.
Planning Director Hayes responded that it was not known because there is not a plan showing the
expansion and effect on drainage.
Commissioner Caster responded that according to the Stroud Engineering study the drainage flow is toward
Olsen Farms.
Commissioner Davis asked if the lighting would be directed downward so more light would stay on the
field and be less invasive to the neighbors.
Mr. Darrell responded that an increase in the height of the light poles means the light beam would be
directed downward on the field and less invasive to the neighbors. He also stated that they are willing to cease
operation at 8:30 p.m.
Commissioner Davis stated that the request could come back to the Board at a later date when the field
expansion issues have been addressed.
Mr. Darrell stated that it is important to have the Board’s approval for the field expansion when seeking
funding from grants and the community.
Hearing no further comments, Chairman Greer asked for direction from the Board.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to approve the request byStan
Bullock and Chip Hicks on behalf of Margaret Olsen for modifications of an existing site plan and Special Use
Permit for a youth soccer facility located at 6101 Murrayville Road without the requested two additional soccer
fields and with the following conditions: 1) additional hours to 8:30 p.m.; 2) add ground lighting to the parking lot;
3) extend the light poles to 45 feet with light directed downward; and 4) add lights to the second field.
Substitute Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the
request by Stan Bullock and Chip Hicks on behalf of Margaret Olsen for modifications of an existing site plan and
Special Use Permit for a youth facility located at 6101 Murrayville Road to include: 1) the addition of two soccer
fields; 2) additional hours to 8:30 p.m.; 3) add ground lighting to the parking lot; 4) extend the light poles to 45 feet
with light directed downward; and 5) add lights to the second field.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 172
Chairman Greer called for a vote on the substitute motion.
Upon vote, the SUBSTITUTE MOTION CARRIED THREE TO TWO. Commissioner Davis and
Commissioner Pritchett voted in opposition.
Commissioner Pritchett stated that she voted in opposition due to a lack of a formalized plan that was
sufficient to satisfy the Planning Staff and Planning Board.
A copy of the amendment to the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in the SUP Book III, Page 30.1.
Exhibits presented by the petitioners are on file in the Planning Department.
PUBLIC HEARING TO CONSIDER REQUEST BY JEFF KEETER FOR ROBERT AND DEBORAH
JONES TO REZONE APPROXIMATELY 10.56 ACRES OF PROPERTY LOCATED IN THE 9100
BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO CD (B-2) CONDITIONAL USE
HIGHWAY BUSINESS (Z-786, 10/04)
Chairman Greer opened the Public Hearing and announced that the special use process required 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:
Dexter Hayes
Jeff Keeter
John Klein
James Martin
Brian Thomas
Planning Director Hayes reported that Jeff Keeter, on behalf of the petitioners Robert and Deborah Jones,
are requesting to rezone approximately 10.56 acres of property located in the 9100 block of Market Street on the
west side between the Kirkland Community and Sidbury Road from R-15 Residential to CD (Conditional Use
Highway Business) for a mini warehouse facility. The Planning Board recommended denial by a vote of 3-2.
Planning Director Hayes entered the staff’s findings into the record.
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 site is located in the Ogden Fire District.
B. The site is served by well & septic.
C. The site has access to Market Street north of the I-140 Interchange. Market Street is classified as
an Arterial Road by the Thoroughfare Classification Plan.
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 ordinance, has been submitted and reviewed.
B. The site plan has been shown on an aerial photograph and the applicant intends to preserve
significant trees.
C. Based on the information provided a traffic impact analysis is not required for the project.
D. Signage is limited to the requirements of the Special Highway Overlay District.
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 majority of the surrounding parcels are acreage parcels.
B. The nearest home is on the property adjacent and north of the subject property. There are no other
residential structures directly adjacent to the subject property.
C. There is an existing cemetery adjacent and south of the subject property. The petitioner has
submitted a report from an archeologist that no evidence of graves was found within a 30’ buffer
zone along the abutting property line.
D. No evidence has been presented to date that this facility will decrease the value of adjoining
property.
. The Board must find that the location and character of the use if developed according to the plan as
4
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 1999 Land Classification Plan identifies this area as rural. The purpose of the rural class is to
provide for areas of low intensity land uses, such as agriculture, forest management, mineral
extraction, and other traditional agrarian uses. This classification discourages the premature
conversion of these lands into urban-type uses and the subsequent loss of resource production.
B. Currently there is one house on the property.
C. The I-140 interchange is actively under construction in front of the property and further south.
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REGULAR MEETING, NOVEMBER 8, 2004 PAGE 173
Planning Director Hayes stated that the petitioner has addressed the site constraints well, however staff is
concerned about the appropriateness of the commercial use as it will be the primary entrance into New Hanover
County and if it is consistent with established policies. If approved, the driveway location will be coordinated with
NCDOT Access Management Plans for Market Street. The Planning Board and Staff recommend denial of the
proposed rezoning.
Commissioner Davis asked Planning Director Hayes if this was consistent with the Land Use Plan.
Planning Director Hayes responded that Staff felt that it was not consistent with the Land Use Plan due to
the location and rural classification and that it was outside the limits of present services for that area. The By-Pass
Committee felt that the concentration should be located at the intersection of the I-140 Interchange as opposed to
Market Street. Staff feels that the present zoning of R-15 Residential is appropriate for the area.
Chairman Greer asked if the applicant would like to speak on behalf of the request.
James Martin, owner and developer of Martin Self Storage, stated that they currently have five New
Hanover County locations and employ 23 full-time employees. He spoke on the need for additional locations,
noting the benefits of the proposed self storage facility which include: a quiet excellent buffer between zones,
limited traffic, little impact on utilities, no impact on schools, excellent property tax revenues for the County and it
would provide a very important service of protecting customer’s possessions in times of natural disasters. The
proposed facility will be low-country architecture, with downward directional lighting contained on the property,
estate fencing on the Market Street corridor, retention areas will be located at the front of the property and
incorporated into the landscaping as an attractive design element, and preservation of existing significant trees will
be a priority. The set-back for the buildings exceed the minimum SHOD requirements, the storage buildings
themselves are situated at the crest of the hill and will have minimum exposure to Market Street with only one
driveway cut with a right-in, right-only traffic pattern, no boat or RV parking will be visible from Market Street. He
encouraged the Board to approve this project to allow him to provide a facility superior in quality and customer
service.
John Klein, Wrightsville Engineering Service, Inc., spoke in support of the proposed project stating that it
satisfies the findings of facts and staff recommendations and provides a good transition between zones.
Brian Thomas, South Coast Commercial LLC, representing James and Doris Edens the adjoining property
owners, spoke in favor of the request and entered into the record a letter of support from the Edens. The proposed
development is the best use of the property.
Jeff Keeter, Attorney representing the petitioners, spoke in favor of the request stating that the proposed
project will be an appropriate use of the property and an attractive entrance into New Hanover County. The
proposed project satisfies the four Findings of Facts.
Commissioner Pritchett stated that she felt approval of the proposed project was premature since the plan
for the I-140 Interchange and the Highway17 By-Pass has not been completed.
Walt Conlogue, member of the Planning Board stated that he felt that this was a good project being
proposed in a good location. The hospital project was approved recently across the street from the proposed project
and he felt that there would be minimal impact from the proposed use.
Commissioner Davis stated his concern that the Planning Board and Planning Staff do not believe the
proposed project is consistent with the Land Use Plan.
Mr. Conlogue responded that he believes this project is consistent with the Land Use Plan.
Chairman Greer asked Mr. Martin if he would be willing to relocate the driveway to accommodate
NCDOT recommendations.
Mr. Martin responded that he would be willing to relocate the driveway to accommodate NCDOT
recommendations.
Chairman Greer requested direction from the Board on the proposed rezoning request.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Greer, to rezone approximately 10.56 acres of
property located in the 9100 block of Market Street from R-15 Residential to CD (B-2) Conditional Use Highway
Business. Upon vote, the MOTION CARRIED THREE TO TWO. Commissioner Davis and Commissioner
Pritchett voted in opposition.
A copy of the 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 53.
Chairman Greer called for a motion to grant a Special Use Permit.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 174
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Special Use Permit
to Jeff Keeter for Robert and Deborah Jones to locate a mini warehouse facility in the 9100 block of Market Street,
based on the evidence presented and findings of facts 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 THREE TO TWO. Commissioner Davis and Commissioner Pritchett voted in opposition.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP
Book III, Page 30.2.
BREAK:
Chairman Greer called for a break at 7:50 p.m.
PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF PINE AVENUE (SC-80, 08/04)
Planning Director Dexter Hayes reported that Bob Jones, PLS for the Carlson family, is requesting the
Board to consider closing a portion of Pine Avenue located near Santa Maria Avenue, in the Porters Neck
Community. Staff recommends that Pine Avenue remain open due to the projected need for future utility
infrastructure development and public water access.
Chairman Greer asked if the petitioners would like to present testimony.
David Huffine, Attorney representing the Carlson family reported that J. O. Reilly recorded Pine Avenue
with the Register of Deeds of New Hanover County on June 16, 1943. Pine Avenue was never opened or used by
the public nor was it accepted for public use by either New Hanover County or the North Carolina Department of
Transportation.
Mr. Huffine stated that North Carolina G.S. 136-96 provides that “any strip, piece or parcel of land which
shall have been at any time dedicated to public use as a road, highway, street, avenue or for any other purpose
whatsoever, by deed, grant, map, plat or other means, which shall not have been actually opened and used by the
public within fifteen years from and after the dedication thereof shall thereby be conclusively presumed to have been
abandoned by the public for the purpose for which the same shall have been dedicated.” More than fifteen years
have passed since the map was recorded and Pine Avenue has not been opened or used by the public. On October 4,
2004, Carl I. Carlson, Jr. and Anne D. Carlson, successors in interest to J. O. Reilly, executed the Declaration of
Abandonment and Withdrawal of Pine Avenue for the purpose of confirming the abandonment and withdrawal from
dedication of public use.
County Attorney Wanda Copley stated that if the County wanted Pine Avenue to remain open the County
would have to go through the court system.
Chairman Greer requested direction from the Board.
Motion
: Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the request by Bob Jones,
PLS for the Carlson family to close a portion of Pine Avenue. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Order closing the road is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIX, Page 29.4.
ADOPTION OF 2005 SCHEDULE OF REGULAR BOARD MEETINGS
Chairman Greer reported that the 2005 Schedule of Regular Meetings is ready for approval and asked if any
member of the Board would like to comment.
Commissioner Caster requested that the meeting dates for January be changed to January 10 th and 24 th, 2005
to better accommodate the New Year Holiday.
The consensus from the Board was to adopt the calendar with the 2005 Schedule of Meetings with a change
in the January meetings to January 10 th and 24 th, 2005.
UPDATE OF STATUS OF ABC BOARD APPOINTMENT
County Manager O’Neal reported that at the Commissioners' meeting on October 4, Vice-Chairman
Boseman raised the matter of residency of ABC Board member Howard Armistead. The County Manager’s office
notified Dr. Armistead in writing of the Commissioners' intention to discuss this matter. Commissioner Davis has
received a letter from Dr. Armistead stating his address is 518 Montego Court in Wilmington and that he votes in
New Hanover County. Dr. Armistead’s letter stated that he would not be able to attend tonight’s meeting due to a
prior commitment.
Commissioner Pritchett clarified that Dr. Armistead’s term on the ABC Board expires June 30, 2005.
he Board held a brief discussion concerning residency and committee policy.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 175
The consensus from the Board was to allow Dr. Armistead to complete his term on the ABC Board, with
the term to expire on June 30, 2005.
REQUEST TO TRANSFER MEMBERSHIP FROM THE ADULT CARE HOME COMMUNITY
ADVISORY COMMITTEE TO THE NURSING HOME COMMUNITY ADVISORY COMMITTEE
Chairman Greer reported that Harvin Quidas, Regional Ombudsman for the Adult Care Home Community
Advisory Committee and the Nursing Home Community Advisory Committee has reported that Ms. Sonja Robinson
is not eligible to serve on the Adult Care Home Community Advisory Committee, but does qualify for the Nursing
Home Community Advisory Committee. She has requested that the Board transfer Ms. Robinson's membership
from the Adult Care Home Community Advisory Committee to the Nursing Home Community Advisory
Committee. Ms. Robinson is in agreement.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to transfer the membership of
Ms. Sonja Robinson from the Adult Care Home Community Advisory Committee to the Nursing Home Community
Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 8:40 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 9:05 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.
No items were presented.
ADDITIONAL ITEMS
Item Presented by County Manager O’Neal
County Manager O’Neal requested the Board conduct a work session immediately following the November
18, 2004, Staff Meeting. The subject of the work session will be to receive updates on the 800 MHz system and the
Wave Transit Authority.
Items Presented by Commissioner Caster
Commissioner Caster reported on the following items:
?
He attended the Halyburton Park opening.
?
He attended the Convention Task Force meeting.
?
He toured the Furtado Road area with County Engineer Greg Thompson and three residents and has
pictures available for viewing.
?
He attended the Ports, Waterway and Beach Commission meeting.
?
He attended the Oyster Roast at Airlie Gardens.
?
He attended the Atlantic Intracoastal Waterway Association Annual Meeting where Congressman McIntyre
spoke.
?
He attended the Department of Social Services monthly meeting.
?
He attended the Tidal Creeks Watershed Management Advisory Board and stated that a plan is being
developed to reorganize the Advisory Board into a City/County Board to work on water quality issues.
?
He congratulated the partners of the Hewlett Creek Water Quality and Oyster Restoration Initiative for
Best Restoration or Conservation
receiving the NC Coastal Federation 2004 Pelican Award for the
Project
.
?
He congratulated McKim & Creed, Inc. for receiving an award from the American Council of Engineering
Companies of North Carolina for their project with the Lower Cape Fear Water & Sewer Authority on the
Kings Bluff Station in Bladen County.
?
He announced that Executive Director of the Lower Cape Fear Water & Sewer Authority, Kurt Taube is
retiring. His replacement should be on board after January 1, 2005.
Items Presented by Commissioner Pritchett
Commissioner Pritchett reported on the following items:
?
She attended the Chamber’s Infrastructure Committee meeting on the proposed Hugo Neu project in
Brunswick County and requested County Manager O’Neal to have staff present a Hugo Neu traffic impact
analysis to the Board in the near future.
?
She congratulated the Sheriff’s Department on taking 2 nd place in the YMCA’s Corporate Cup and for also
winning the Spirit Award.
?
She enjoyed speaking at a Water Seminar for teachers at the Cape Fear Museum.
?
She attended the Highway17 By-Pass Access meeting with NCDOT.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, NOVEMBER 8, 2004 PAGE 176
?
She met with the Senior Responsive Community Committee at the Department of Aging. The Committee
is looking at strategies on how to advertise services currently being offered in the community and finding
funding sources to help supplement programs.
?
She reminded the audience that Saturday, November 13, 2004, is Household Hazardous Waste Collection
Day to be held in the parking lot next to Trask Coliseum at UNC-W from 9 a.m. until 3 p.m. Items
collected will include pesticides, herbicides, computers, TV’s, cell phones, fuel, motor oil, used tires,
paints, and other such items.
?
She attended a presentation on gang activity in the community and schools at the Judges Luncheon and
stated that she has been asked to chair a committee to assess gang activity in the County.
ADJOURNMENT
There being no further business, Chairman Greer adjourned the meeting at 9:20 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board