2005-09-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 392
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 6,
2005, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jf.; Commissioner William A. Kopp, Jf.; Interim County Manager Dave Weaver; County Attorney Wanda M.
Copley and Clerk to the Board Sheila L. Schult.
Commissioner Nancy H. Pritchett was absent.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Darwin Murrill, Pastor at Word Changing Hearts Ministry, gave the invocation.
Commissioner William A. Kopp, Jr., led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda.
Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent
Agenda as presented.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO O.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings as presented by the Clerk to the
Board:
Regular Meeting - August 15, 2005
Closed Session - August 15,2005
Closed Session - August 15,2005
Acceptance of Retired and Senior Volunteer Program and Foster Grandparent Program Additional Funds-
Department of Aging
The Commissioners accepted additional funding by the Corporation for National Service for the Retired
and Senior Volunteer Program (RSVP) for a total amount of $135,395 and for the Foster Grandparent Program for a
total amount of $159,616 and approved the related budget amendments. The required local match of 10% is
included in the approved budget.
Budget Amendment #06-0023 - Department of Aging
Adiustment
Debit
Credit
RSVP Program:
Operating Grants
Salaries
$1,115
$1,115
Explanation: To budget additional money received from Federal grant for salaries.
Budget Amendment #06-0025 - Department of Aging
Adiustment
Debit
Credit
Foster Grandparent Program:
Federal Grant
Salaries
$1,314
$1,314
Explanation: To budget additional funding from grant.
Acceptance of Donation of 2005 GMC 1500 Cargo Van - Cooperative Extension
The Commissioners accepted a donation from the Cooperative Extension Arboretum Foundation of a 2005
GMC 1500 cargo van, approved the related budget amendment and adopted the resolution recording the value of the
donation. The total amount paid by the Foundation for the van and required highway use tax is $21,844.60.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 393
Budget Amendment #06-0027- Cooperative Extension
Adiustment
Debit
Credit
CES/Operating Grants:
Contribution Arboretum Foundation
Capital Outlay - Motor Vehicle
$21,845
$21,845
Explanation: The Arboretum Foundation has purchased a 2005 GMC 1500 cargo van and desires to donate
the vehicle to the Cooperative Extension to supplement office operations.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.1.
Acceptance of Construction and Demolition Waste Recycling Grant - Department of Environmental
Management
The Commissioners accepted a grant from the N.C. Department of Environment and Natural Resources-
Division of Pollution Prevention and Environmental Assistance in the amount of $25,000 and approved the related
budget amendment. The project involves the expansion of the construction and demolition waste recycling program
at the County landfill. The grant will be used to enlarge the concrete sorting and material storage areas. A 10% local
match is required and is included in the approved budget.
Budget Amendment # 06-0024 - Environmental Management - Recycling
Adiustment
Debit
Credit
DPPEA Grant
Contract Services
$25,000
$25,000
Explanation: To increase budget for grant awarded to Environmental Management from N.C. Department
of Environment and Natural Resources - Division of Pollution Prevention and Environmental Assistance.
Approval for the Health Department to Support the North Carolina Alliance for Health (NCAH) Secondhand
Smoke/Local Control Initiative - Health Department
The Commissioners approved the New Hanover County Health Department's request to support the North
Carolina Alliance for Health (NCAR) Secondhand SmokelLocal Control Initiative and allocate $5,000 of Project
ASSIST funds toward this effort with the stipulation that the funds would be used for media campaigns and
educational purposes. The NCAR is applying for funding to the Robert Wood Johnson Foundation to hire a full-time
director, who would provide technical assistance and training to local health departments working toward
establishing smoke free ordinances, and challenge the state preemption clause related to secondhand smoke.
Authorization to Submit a Prenatal Grant Application to North Carolina Public Health Association - Health
Department
The Commissioners authorized the Health Department to submit a prenatal grant to the North Carolina
Public Health Association - Ann Wolfe Endowment (NCPHA) in the amount of $5,000. If awarded, the funds will
be used to provide assistance to diabetic prenatal patients identified by Maternity Care Coordinators.
Authorization for the Library to Submit an Application to the Maintenance of Effort and State Aid for Aid to
Public Libraries Fund
The Commissioners authorized the Library to submit an application to the Maintenance of Effort and State
Aid to receive its share of the Aid to Public Libraries Fund.
Authorization for the Cape Fear Museum to Submit a Grant Application to the National Endowment for the
Humanities America Historic Places
The Commissioners authorized the Cape Fear Museum to submit a grant application to the National
Endowment for the Humanities America Historic Places. If awarded, the funds will be used to create an interpretive
handbook that will provide a basis for strengthening the way that historic Wilmington is presented to visitors.
Approval of Budget Amendment
The Commissioners approved the following budget amendment.
Budget Amendment # 06-0021- Various
Adiustment
Debit
Credit
General Fund:
Appropriated Fund Balance
$1,830,914
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 394
Budget Amendment # 06-0021- Various (Cont.)
Adiustment Debit Credit
Non-Departmental:Audubon - Bird Monitoring $ 9,607
Cellco Incentive $215,000
General Electric Incentive $250,000
Soccerplex $150,000
City of Wilmington $ 17,184
NHC-TV:
Capital Outlay - Other $300,000
Tax:
Contract Services (Revaluation) $125,000
Property Management:
Capital Outlay - Other $236,000
Sheriff/Detention:
Capital Outlay - Motor Vehicle $ 20,768
Emergency Management:
Contracted Services $ 33,388
Clerk of Court:
Supplies $ 4,000
Court Functions:
Contribution Current Operating $ 8,654
Inspections:
Supplies $ 44,033
Airlie Gardens:
Capital Outlay - Other $ 57,650
HealthlEnvironmental Health:
Supplies $ 20,000
Health/Care Coordination:
Supplies $104,813
Health Administration:
Supplies $ 29,000
DSS/ Adoption Assistance:
Special Child Adoption $ 27,000
Parks:
Capital Outlay - Other $ 68,817
Contracted Services $110,000
Fire District Fund:
Appropriated Fund Balance $6,000
Fire Departments:
Capital Outlay - Motor Vehicle $ 6,000
Environmental Mgmt Fund:
Appropriated Fund Balance $134,457
W ASTEC Administration:
Supplies $ 11,463
Capital Outlay - Other $116,435
Capital Outlay - Equipment $ 6,559
Water and Sewer Fund:
Appropriate Fund Balance $471,240
W &S Administration:
Capital Project Expense $471,240
Explanation: To rollover expenditure from FY 04-05 to FY 05-06.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
Approval of Budget Amendment
The Commissioners approved the following budget amendment.
Budget Amendment # 06-0017 - Various
Adiustment
Debit
Appropriated Fund Balance:
Appropriated Fund Balance
$1,127,176
County Manager:
Supplies
Budget:
Supplies
NHC-TV:
Contracted Services
Finance:
Printing
Information Technology:
Contracted Services
M&R Equipment
Supplies
Other Improvements
Capital Outlay
Tax:
Departmental Supplies
Vehicle Management:
Departmental Supplies
Motor Vehicle Purchases
Property Management:
M&R Buildings/Grounds
Supplies and Materials
Departmental Supplies
Motor Vehicle Purchases
Non-Departmental:
Water Monitoring Contract
Sheriff/Detention:
Uniforms
Capital Outlay Equipment
Sheriff/Uniform Patrol:
Uniforms
Sheriff/Vice:
Supplies
Sheriff/Detectives:
Supplies
Emergency Management:
M&R Equipment
Printing
Supplies
Communication Tower:
M&R Equipment
Clerk of Court:
Supplies
Miscellaneous
BOOK 30
PAGE 395
Credit
$ 1,879
$ 1,757
$ 13,500
$ 4,012
$ 42,480
$ 2,788
$ 38,782
$246,913
$ 14,585
$ 33,303
$ 1,350
$ 14,716
$128,346
$ 2,156
$ 4,120
$ 29,432
$ 31,164
$ 27,695
$ 23,500
$ 1,519
$ 6,520
$ 6,576
$ 4,965
$ 1,349
$ 7,505
$ 4,644
$ 1,829
$ 2,502
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 396
Budget Amendment # 06-0017 - Various (Cont.)
Adiustment
Debit
Credit
Court Functions:
Contributions to Current Operating
$ 11,338
Inspections:
Contracted Services
Supplies
$ 2,780
$118,667
Planning:
Contracted Services
$ 9,163
Cooperative Extension Service:
Supplies
$ 1,898
Airlie Gardens:
Contracted Services
Telephone Expense
M&R Building and Grounds
Supplies
$ 6,305
$ 7,896
$ 5,900
$ 8,946
HealthlEnvironmental Health:
Supplies
$ 1,447
Health/Vector Control:
M&R Building and Grounds
Capital Outlay - Building
$ 4,100
$ 25,260
Health/Animal Control:
Supplies
$ 6,000
Health/Community Health:
Supplies
$ 5,110
Health/Administration:
Telephone Expense
Supplies
Capital Equipment
$ 650
$ 12,606
$ 9,815
HealthlEpidemiology:
Contracted Services
Supplies
$ 2,950
$ 6,096
Health/Maternal Health:
Supplies
$ 1,375
DSS/ Administration:
Contracted Services
Supplies
$ 4,337
$ 19,715
Human Relations!HUD:
Supplies
$ 1,184
Library:
Contracted Services
Capital Equipment
$ 2,734
$ 51,976
Parks:
Capital Outlay - Other
$ 23,891
Museum:
Advertising Cost
Contracted Services
Printing
Supplies
$ 5,800
$ 10,597
$ 5,463
$ 6,851
Museum/20th Century:
Supplies
Capital Outlay - Other
$ 11,364
$ 35,075
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
Budget Amendment # 06-0017 - Various (Cont.)
Adiustment
Automation Enhancement & Preservation Fund:
Appropriated Fund Balance
Register of Deeds:
Capital Outlay - Equipment
Special Fire Services District Fund:
Appropriated Fund Balance
Fire Departments:
Supplies
Capital Outlay - Motor Vehicle
Capital Outlay - Other
Environmental Management Fund:
Appropriated Fund Balance
Environmental Mgmt! Administration:
Telephone Expense
Environmental Mgmt/Landfill:
Contracted Services
W ASTEC/ Administration:
Contracted Services
W ASTEC/Maintenance:
Contracted Services
M&R Equipment
Water and Sewer District Fund:
Appropriated Fund Balance
Water and Sewer Finance:
Supplies
Revolving Loan Fund
Water and Sewer Administration:
Supplies
M&R Equipment
Capital Project
M&R Cleanup
Contracted Services
Capital Equipment
BOOK 30
PAGE 397
Debit Credit
$ 78,874
$ 78,874
$ 594,871
$ 4,560
$565,801
$ 24,510
$ 432,392
$ 9,689
$254,586
$ 76,295
$ 31,574
$ 60,248
$1,096,190
$ 8,180
$ 1,920
$ 21,504
$ 32,768
$843,100
$ 5,247
$102,601
$ 80,870
Explanation: To budget appropriated fund balance for outstanding purchase orders as of June 30, 2005.
The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the
payment against the fiscal year in which it is paid (adopted in the Budget Ordinances for FY 05-06 dated June 20,
2005).
Approval of Budget Amendment
The Commissioners approved the following budget amendment.
Budget Amendment # 06-0022 - Various
Adiustment Debit Credit
Juvenile Day Treatment Center:
Cape Fear Memorial Fd. Grant $85,000
Contract Services $75,600
Supplies $ 7,200
Training and Travel $ 2,200
Planning:
CAMA Land Use Plan Grant $33,620
Contract Services $13,441
Postage $ 1,000
Supplies $ 3,941
Printing $ 6,625
Temporary Salaries $ 8,613
Fire Services:
FEMA Fire Act Grant $13,628
Supplies-Firefighting $ 13,628
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 398
Budget Amendment # 06-0022 - Various (Cont.)
Adiustment
Debit
Credit
Health:
March of Dimes Grant- Project Stop $20,268
Temporary Salaries
$ 20,268
Safe Communities Grant:
Supplies
$16,197
$ 16,197
Good Shepherd Ministries Grant:
FICA
Contract Services
Supplies
Employee Reimbursements
Temporary Salaries
Good Shepherd Circle Grant
$52,417
$ 1,458
$ 6,717
$ 4,705
$ 457
$ 25,880
$ 13,200
CFMF Mobile Dental Unit Grant:
Reynolds Grant-Mobile Dental Unit $307,420
Capital Outlay-Equipment - CFMF
Capital Outlay-Motor Vehicle - CFMF
Cap. Outlay-Motor Vehicle -Reynolds
Contract Services
$175,000
$100,000
$ 75,000
$285,000
$ 22,420
Explanation: To rollover unexpended grant funds from FY 04-05 to FY 05-06.
Approval of Budget Amendment
The Commissioners approved the following budget amendment.
Budget Amendment # 06-0026 - Risk Management
Adiustment
Debit
Credit
General Fund:
Miscellaneous - Risk Mgmt. Outside Pmts.
Risk Management:
Insurance Premiums:
City of Wilmington
NHC - Airport
Cape Fear Community College
CFPTA DBA Wave Transit
Housing and Economic Opportunity
NHC Board of Education
NH Soil and Water Conservation
Southeastern Center
Wilmington Housing and Fin.
$2,947,218
$1,312,299
$ 145,954
$ 365,160
$ 87,282
$ 6,922
$ 751,604
$ 582
$ 247,456
$ 29,959
Explanation: To budget expenses and revenues related to payment of Risk Management.
REGULAR AGENDA
CONSIDERATION OF PROCLAMATION DECLARING SEPTEMBER 17 - OCTOBER 1, 2005, AS
FALL LITTER SWEEP IN NEW HANOVER COUNTY
Chairman Greer reported that the Board has been requested to proclaim September 17 - October 1, 2005 as
Fall Litter Sweep in New Hanover County in cooperation with the North Carolina Department of Transportation.
Chairman Greer read the proclamation into the record and requested a motion for approval from the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation
declaring September 17 - October 1, 2005, as Fall Litter Sweep in New Hanover County. Upon vote, the MOTION
CARRIED 4 TO O.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.2.
PRESENTATION ON THE WILMINGTON CHAMBER OF COMMERCE CREATIVE COMMUNITY
PROJECT
Chairman of the Board of Directors, Greater Wilmington Chamber of Commerce, Dickson McLean made a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 399
presentation on the Creative Community Project. The first of three phases will be to hire a consultant to work with
community leaders to identify strengths and areas for improvement. The goal is to create a shared vision for the
region and a plan to move the community to an environment that attracts and retains creative people and promotes
economic development.
The cost of the first phase will be approximately $40,000, of which $5,000 is being requested from the
County and $5,000 from the City of Wilmington.
Commissioner Kopp clarified with Mr. McLean that funding for phase two and three will be from the
community at large.
Chairman Greer thanked Mr. McLean for the presentation and requested direction from the Board.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by the
Greater Wilmington Chamber of Commerce to participate in the Creative Community Project in the amount of
$5,000. Upon vote, the MOTION CARRIED 4 TO O.
CONSIDERATION OF 1998 GENERAL OBLIGATION REFUNDING CONFIRMATION OF SALE
Chairman Greer reported that on August 9, 2005 the Board of County Commissioners approved a
resolution to refinance up to $21,000,000 of general obligation debt. The Local Government Commission received
eleven bids on Tuesday, August 23, 2005. The successful bidder was Legg Mason Wood Walker at a bid of
3.641152 percent. The savings will be in the amount of $749,678 or an average amount of $57,667 each remaining
year with a savings of $48,465.41 for fiscal year 05-06. Staff is requesting the Board pass the resolution confirming
the sale of bonds and the necessary changes to the Official Statement.
Chairman Greer requested a motion from the Board approving the resolution confirming the sale of bonds
and the changes to the Official Statement.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the resolution
confirming the sale of bonds and changes to the Official Statement. Upon vote, the MOTION CARRIED 4 TO O.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.3.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY WILLIAM NIXON TO
LOCATE A SINGLE WIDE MOBILE HOME IN AN R-20 RESIDENTIAL ZONING DISTRICT
LOCATED NEAR 3355 DAVIS LANE, ON THE WEST SIDE OF CASTLE HAYNE ROAD (S-533, 08/05)
Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Dexter Hayes
Fredrick Davis
William Nixon
Planning Director Dexter Hayes reported that the petitioner, William Nixon, is requesting to locate a
singlewide mobile home in an R-20 Residential zoning district located near 3355 Davis Lane, on the west side of
Castle Hayne Road.
Planning Director Hayes presented the following findings offacts:
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 will be served by well and septic system.
B. The proposed use will have access off a public road - Davis Lane (SR 1920).
C. The site is not located within the 100-year flood zone.
D. The site is located within the Wrightsboro VFD.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. Singlewide mobile homes are permitted by Special Use Permit in a R-20 Residential Zoning
District.
B. Setback requirements of the R-20 District for the singlewide mobile home can be met.
C. No conservation or historic resources are located on the subject property.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity.
A. Other singlewide mobile homes exist nearby.
B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 400
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 Resource Protection by the New Hanover County Comprehensive Plan.
The purpose of the Resource Protection class is to provide for the preservation and protection of
important natural, historic, scenic, wildlife, and recreational resources.
B. Other mobile homes are located nearby.
Chairman Greer confirmed with Mr. Nixon that he agrees with the findings of facts.
Chairman Greer asked if anyone from the public wished to speak on the request.
Fredrick Davis, a Castle Hayne resident and adjacent property owner stated that he was concerned that Mr.
Nixon would be using the access road which is state maintained but on his property. He requested the Board not
approve the special use permit.
Planning Director Hayes explained that Mr. Davis would have to contact NCDOT to discuss his claim that
the access road is on his property.
Commissioner Davis clarified with Planning Director Hayes that the request was consistent with the land
use plan.
Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the
Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to
William Nixon to locate a singlewide mobile home in an R-20 Residential zoning district located near 3355 Davis
Lane, on the west side of Castle Hayne Road based on the evidence presented and the findings of fact concluding
that: 1) the use will not materially endanger the public health or safety if located and developed according to the
plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance;
3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity;
and 4) 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 4 to O.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book III, Page 37.
PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS & RAVENEL ON BEHALF OF
TODD PROPERTIES, LLC TO REZONE APPROXIMATELY 20.51 ACRES OF PROPERTY LOCATED
AT 2200 NORTH COLLEGE ROAD FROM B-2 HIGHWAY BUSINESS/R-15 TO R-I0 (Z-805, 08/05)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff
presentation.
Planning Director Hayes reported that Withers & Ravenel on behalf of Todd Properties, LLC are
requesting to rezone approximately 20.51 acres of property located at 2200 North College Road from B-2 Highway
Business/R-15 Residential to R-1O Residential. The subject property is located at the southern right of way
confluence of 1-40 and North College Road. The applicant's request involves rezoning a 20.51 acre parcel ofland
from B-2 Highway Business/ R-15 Residential to R-1O Residential. The property has approximately 1,650 feet of
road frontage on North College Road and approximately 1,200 feet of frontage on 1-40. North of the property is an
existing commercial node at the intersection of Murrayville and North College Roads which provides a variety of
services that include several conveniences and gas stations, a grocery store, and a pharmacy. Adjacent and to the
east is an existing R-1O Residential District known as the Bent Tree subdivision residential neighborhood and to the
west is Murrayville Station, an existing industrial park approved in the mid 1990' s.
Public water is located adjacent and north of the subject property and also to the east. Public sewer is also
located nearby. Access to the site would be restricted from 1-40 and limited to a right in and right-out from North
College Road due to safety concerns. No median cut exists from the property to the southbound lanes of North
College. The latest traffic count south of the intersection of Murrayville and North College Roads is approximately
25,498 vehicles ADT. The most suitable access to the property would be through the shopping center located
adjacent and to the north.
The applicant's request is located in the Urban Transition class that supports intensive development on land
that has public water and sewer service located nearby. The subject property is also located adjacent to an R-1O
Resident District that has existed for a number of years. Access to the property can be reviewed through a Traffic
Analysis once a site plan has been submitted to the County for review. Staff recommends approval.
At their regular meeting on August 4, 2005, the Planning Board recommended approval of the request to
rezone approximately 20.51 acres to R-1O Residential. The vote was 6-0. Several nearby residents from the Bent
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
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PAGE 401
Tree subdivision spoke against the request. Concerns from the residents included the type of proposed use planned
for the property, increased traffic near the Murrayville-North College intersection, and decrease of land values.
Commissioner Davis clarified with Planning Director Hayes that the request was consistent with the land
use plan and that both Staff and the Planning Board recommended approval.
Commissioner Davis asked Planning Director Hayes if a traffic impact study had been done.
Planning Director Hayes reported that a traffic impact study had not been done stating that it will be
evaluated in the subdivision design plan. Traffic can be handled on Murrayville Road and should not impact traffic
on Market Street.
Chairman Greer asked if anyone from the public wished to speak on the request.
Cindee Wolf with Withers & Ravenel on behalf of Todd Properties, LLC stated that part of the request is a
down-zoning from B-2 Highway Business to R-1O Residential. If the entire property was zoned R-15 there could be
a maximum of fifty-one units as compared to sixty-eight units in the R-IO.
Robert Bongard, a resident of the Bent Tree subdivision, spoke on traffic concerns and the proposed use of
the property.
Elizabeth Bongard, a resident of the Bent Tree subdivision, spoke on traffic concerns.
Ms. Wolf clarified that there are no road stubs in the Bent Tree subdivision that would connect with the
proposed property.
There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from
the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers
& Ravenel on behalf of Todd Properties, LLC to rezone approximately 20.51 acres of property located at 2200
North College Road from B-2 Highway Business/R-15 Residential to R-1O Residential. Upon vote, the MOTION
CARRIED 4 TO O.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 57.1.
PUBLIC HEARING TO CONSIDER THE REQUEST BY DEAN SCARAFONI TO REZONE
APPROXIMATELY 24.23 ACRES OF PROPERTY LOCATED AT 8273, 8301, AND 8305 MARKET
STREET FROM R-15 TO B-1 NEIGHBORHOOD BUSINESS (Z-806, 08/05)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff
presentation.
Planning Director Hayes reported that Dean Scarafoni is requesting to rezone approximately 24.23 acres of
property located at 8273,8301 and 8305 Market Street from R-15 Residential to B-1 Neighborhood Business. The
subject property consists of three parcels of land located in the southwest quadrant of the 1-140 Bypass and Market
Street. The three parcels adjoin a rapidly developing commercial center serving the Porters Neck Community. The 1-
140 Bypass is scheduled to be completed and operational next summer.
The Planning Board recommended approval by a vote of 6-0 also recommending that the adjoining
property owned by David Sneeden & Glenn Lea as well as James Bonner, Pope Properties also be included in the
petitioner's request. No one spoke against the proposed request or changes.
Staff recommends approval of the zoning petition including parcel fifteen and the adjoining property
owned by David Sneeden and Glenn Lea and James Bonner, Pope Properties.
Commissioner Davis clarified with Planning Director Hayes that the request was consistent with the land
use plan.
Commissioner Davis asked Planning Director Hayes if a traffic impact study would be done.
Planning Director Hayes reported that if the project comes in as a large project then NCDOT will require a
traffic impact study but if the projects come in as small individual projects then a traffic impact study would not be
done. The County requires a study for any project that generates more than one hundred peak hour trips for a
residential subdivision, special use or conditional use. If it is zoned commercial or high density residential you can
count on generating more than one hundred peak hour trips.
Chairman Greer asked if anyone from the public wished to speak on the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 402
Dean Scarafoni, the petitioner, stated that the intersection has been designed and built to accommodate 1-
140 with a traffic light and turn lanes. NCDOT has taken a right of way. This property can access this right of way
and will not impact any residential neighborhoods.
Commissioner Davis stated his concern is the impact on traffic until the outer loop is open. He asked Mr.
Scarafoni if he agreed with Planning Director Hayes that more than one hundred peak hour trips would be generated.
Mr. Scarafoni stated that he is not an authority on traffic but that the proposed project would not be
completed until after the outer loop is open. No one spoke in opposition to the request at the Planning Board
meeting.
David Sneeden, on behalf of Pineridge Properties and Pope Properties, stated that he is in support of the
rezoning request. Providing commercial and retail services in this area will reduce trips traveling south on Market
Street.
There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from
the Board.
Motion: Commissioner Kopp MOVED, SECONDED by Chairman Greer, to approve the request by Dean
Scarafoni to rezone approximately 24.23 acres of property located at 8273, 8301 and 8305 Market Street including
parcel 15 and the adjoining property owned by David Sneeden and Glenn Lea and James Bonner, Pope Properties
from R-15 Residential to B-1 Neighborhood Business with the effective date of the rezoning to be the NCDOT
opening date of the 1-140 by-pass and access road. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner
Davis voted in opposition.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING ZONING MAPS 5
AND 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971 AND July 7, 1972, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 58 and Zoning Book
II, Section 8B, Page 57.2.
PUBLIC HEARING TO CONSIDER NAMING AN UNNAMED ROAD BETWEEN HORN ROAD AND
SILVA TERRA DRIVE TO TERRA LANE (SN-96,09/05)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff
presentation.
Planning Director Hayes reported that the subject road is located between Horn Road and Silva Terra Drive
approximately 350 feet southwest of the Silva Terra Drive-Yulan Drive intersection in Silva Terra subdivision. In
August 2005, the Board of Commissioners adopted a Resolution requesting the North Carolina State Department of
Transportation to accept the road and place the road on their unimproved road list for paving. NCDOT is now
requesting that the road be named.
Staff has not received any suggestions for possible road names from the adjacent landowners and
recommends that the road be named Terra Lane.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing none, Chairman Greer closed the Public Hearing and requested direction from the Board.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve naming the unnamed
road between Horn Road and Silver Terra Drive to Terra Lane. Upon vote, the MOTION CARRIED 4 TO O.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.4.
PUBLIC HEARING TO CONSIDER A PROPOSED ECONOMIC DEVELOPMENT INCENTIVE GRANT
TO GUILFORD MILLS, INC.
Chairman Greer opened the Public Hearing and reported that the Board is currently considering an
incentive package of $200,000 and asked if anyone in the audience would like to be heard on this matter.
Hearing none, Chairman Greer closed the Public Hearing.
Chairman Greer requested a motion from the Board to adopt the resolution approving an economic
development grant incentive to Guilford Mills, Inc.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving
an economic development grant incentive to Guildford Mills, Inc. in the amount of $200,000 to be disbursed as
follows: 1) One-Third payment when Guilford Mills, Inc. signs a lease for interim office space and relocates fifteen
employees to NHC; 2) One-Third payment on the one-year anniversary date of the lease signing for interim office
space; and 3) One-Third payment when Guilford Mills Inc. is issued the certificate of occupancy on their new
building and a total offorty employees have been hired. Upon vote, the MOTION CARRIED 4 TO O.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 403
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.5.
BREAK
Chairman Greer called for a break at 6:53 p.m. until 7: 10 p.m.
CONSIDERATION OF CAPITAL PROJECT ORDINANCE - CELL 6C AND 3B THROUGH PARTIAL
CLOSURE, AWARD OF CONTRACT #06-0010 FOR LANDFILL CELL 6C CONSTRUCTION AND
PARTIAL CLOSURE OF CELLS 3B THROUGH 5
Chairman Greer requested that Environmental Management Director Ray Church make the staff
presentation.
Director Church reported that a Capital Project Ordinance must be approved to establish the fund for the
construction of Landfill Cell6C and the partial closure of Cells 3B through 5. A bid opening was held on August 9,
2005, at which time only two bids were received. The project was re-advertised and three bids were received on
August 23. The bids were broken into two sections, Construction of Cell 6C and the partial closure of Cells 3B
through 5.
The Cell 6C construction will consist of earthwork and the installation of a bottom liner system that
includes a leachate collection network and associated sump and pumping station. The cell is approximately 5.5
acres in size. The partial closure of Cells 3 B through 5 will consist of the installation of a cap system that includes
geotextile, a single plastic liner, a drainage net and two feet of soil including six inches of topsoil. A network of
pipes will be installed prior to placing the cap to collect and flare the landfill gas.
Staff recommends approval of the Capital Project Ordinance, adoption of the resolution awarding contract
#06-0010 to the lowest responsible bidder, ES&J Enterprises, Inc., in the amount of $2,823,206 and approval of the
related budget amendment.
Chairman Greer requested direction from the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the Capital Project
Ordinance, adopt the resolution awarding contract #06-0010 to ES&J Enterprises, Inc in the amount of $2,823,206
and approve the related budget amendment. Upon vote, the MOTION CARRIED 4 TO O.
Budget Amendment # 2006-05 - Environmental Management
Adiustment
Debit
Credit
Cell6C and Cell3B-5 Closure:
Transfers in from Fund 700
Capital Project Expense
Environmental Management:
Appropriated Fund Balance
Transfer to Capital Projects
$2,687,301
$2,687,301
$1,927,301
$1,927,301
Explanation: To establish budget for Capital Project; $760,000 is already budgeted in Environmental
Management's operating budget in FY 06 as a transfer to Capital Projects.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.6.
A copy of the capital project ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIX, Page 27.7.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 7:22 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Chairman Greer reconvened to Regular Session at 7:50 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.
Conrad Lowman, resident of the Porters Neck community, stated his concern that the film industry was
filming in his area noting that traffic congestion, truck parking and bright lighting was a nuisance. He requested that
the Board enforce zoning regulations and restrict the film industry from filming in residential areas.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 6,2005
BOOK 30
PAGE 404
ADDITIONAL ITEMS
Items Presented by Commissioner Kopp
Commissioner Kopp requested the Board adopt a resolution asking the North Carolina Department of
Transportation Road Naming Committee to name the 1.43-mile long US 17 Bypass Bridge in honor of the late
Daniel David Cameron in recognition of his life-long work in the economic development of the greater Wilmington
area.
Commissioner Kopp read the resolution into the record.
Chairman Greer requested a motion for approval from the Board.
Motion: Commissioner Kopp, MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution requesting
the NCDOT Road Naming Committee to name the 1.43-mile long US 17 Bypass Bridge in honor of the late Daniel
David Cameron. Upon vote, the MOTION CARRIED 4 TO O.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.8.
Commissioner Kopp requested the Board adopt a resolution urging the North Carolina Association of
County Commissioners to consider an invitation to conduct a future Annual Conference in New Hanover County.
Chairman Greer read the resolution into the record and requested a motion for approval.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution asking the
North Carolina Association of County Commissioners to consider an invitation to conduct a future Annual
Conference in New Hanover County. Upon vote, the MOTION CARRIED 4 TO O.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXIX, Page 27.9.
Items Presented by Vice-Chairman Caster
Vice-Chairman Caster reported that he attended the following meetings and events:
Wilmington Sports Commission meeting, office opening of Senator Richard Burr, opening of the Hope
Child Development Center, visit to Carolina Beach lake, Allen O'Neal farewell reception, Water and Sewer
Consolidation meeting, TDA meeting, Department of Social Services Board meeting and the Water Task Force
meeting.
Item Presented by Commissioner Davis
Commissioner Davis requested that a presentation on beach re-nourishment and alternative options for
additional funding be scheduled in the near future.
CLOSED SESSION
Chairman Greer announced a Closed Session pursuant to G. S. 143-318. 11(a)(3) is needed to consult with
the County Attorney regarding a matter of litigation. The Board will also consider a personnel matter as required by
North Carolina General Statute Section 143-318 (a)(6).
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, pursuant to G. S. 143-318.11(a)(3)
to convene to Closed Session to consult with the County Attorney regarding a matter of litigation and to consider a
personnel matter as required by N.C.G.S. Section 143-318 (a)(6). Upon vote, the MOTION CARRIED 4 TO O.
Chairman Greer convened to Closed Session at 8:12 p.m.
CONVENE TO REGULAR SESSION
Chairman Greer reconvened to Regular Session at 9: 14 p.m.
He reported that the Board had met with the Assistant County Attorney and had given him instructions
about a legal matter and also met to consider a personnel matter.
ADJOURNMENT
There being no further business, Chairman Greer adjourned the meeting at 9: 15 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board