2002-05-20 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May 20, 2002,
at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present were: Chairman Ted Davis, Jr.; Vice - Chairman Robert G. Greer; Commissioner Julia
Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O'Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and welcomed all persons present. He requested anyone with
a cell phone to turn off the phone to avoid being disruptive to persons making presentations.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Hugo Lopez, Associate Minister of Grace United Methodist Church, gave the invocation.
Vice - Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
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APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove an item from the
Consent Agenda.
Commissioner Caster requested removal of Item 7 until the Board had heard the presentation from the
N. C. Wildlife Resources Commission.
Commissioner Pritchett referenced Item 4 regarding the plaque for the Juvenile Day Treatment Center
formerly known as the Shaw- Speaks Center and suggested rewording the plaque to read as follows:
This is the site of the former Shaw- Speaks Center which served the community as part of the African
Methodist Episcopal Zion Church. Bishops Shaw and Speaks, for whom the building was named, were
known for their visionary commitment to education and the overall positive development of children.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the Consent
Agenda with the recommended change in the language on the plaque under Item 4 and to remove Consent Agenda
Item 7. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the joint meeting with the Planning Board held on March
25, 2002, as presented by the Clerk to the Board.
Approval of Contract With 2plus Transportation Services - Human Services Transportation System
The Commissioners approved a contract with 2Plus Transportation Services, as a third party provider of
the Job Access Rural Vanpool Program, to provide Vanpool services on an as- needed basis to all eligible
participants recognized and /or approved by New Hanover County and the NC DOT /PTD Job Access Rural
Vanpool Program Management Staff. The County Manager was authorized to execute the contract.
New Hanover County was awarded a Job Access grant totaling $284,000, from the Federal Transit
Administration, and these funds must be used to provide transportation services. 2Plus has been established by
NCDOT to assist in the provision of such services and marketing at no cost to the County.
A copy of the contract is on file in the Legal Department.
Designation of the Department of Aging as Lead Agency for Aging Services and Acceptance of Home and
Community Care Block Grants
The Commissioners approved the designation of the Department of Aging as the Lead Agency for Aging
Services, approved the Home and Community Care B lock Grant Advisory Committee's recommendation of funding
distribution, and accepted the 2002/2003 Home and Community Care Block Grant funds in the amount of $726,969
and the Title 3D Health Promotion funds in the amount of $11,241.
The Home & Community Block Grant Advisory Committee recommends the following distribution of
funds and services: Transportation $99,280, Home Delivered Meals $165,144, Congregate Meals $126,939, Case
Assisted I/R $30,436, Senior Center Operations $25,087, Coastal Adult Day Care $1,220, In Home Aide Services
$195,178, Elderhaus Adult Day Care $65,815, Elderhaus Group Respite $3,113, and Elderhaus Adult Day Health
$14,757. Required funds for the 10% County match are included in the Department of Aging 2002 -2003 Budget.
Approval of Plaque for Juvenile Day Treatment Center Acknowledging that the Building was Formerly
Named the Shaw - Speaks Building
The Commissioners approved the revised wording on the plaque as recommended by Commissioner
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Pritchett in acknowledgment of the name and history of the former Shaw- Speaks building. This building is now
being used as the Juvenile Day Treatment Center.
Approval of Contracts with Gahagan and Bryant Associates and the Land Management Group to Perform
Tasks Associated with the Mason Inlet Management Plan and Approval of Associated Budget Amendment
#2002 -40 - Engineering Department
The Commissioners approved one -year contracts and the associated budget amendment with Gahagan and
Bryant Associates and the Land Management Group in an amount not to exceed $500,000 to perform tasks
associated with the Inlet Management Plan for Mason Inlet.
This action represents the end of the first event as defined by the permit issued by the U.S. Army Corps
of Engineers. Pursuant to the permit, New Hanover County will perform a variety of tasks associated with the Inlet
Management Plan. These tasks include physical and biological monitoring, aerial photography, mitigation island
construction and a number of surveys and reports. Given the required technical expertise needed to fulfill the
County's obligation, it will be necessary to contract these services.
Copies of the contracts are on file in the Legal Department.
Budget Amendment #2002 -40 -Mason Inlet /Room Occupancy Tax
Adjustment
Masons Inlet- Maintenance:
Transfer in from Room Tax Fund
Extended Project Expense
Room Occupancy Tax Fund:
Appropriated Fund Balance
Transfer to Capital Projects
Debit Credit
$500,000
$500,000
$500,000
$500,000
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PAGE 172
Explanation: To budget additional transfer from the Room Occupancy Tax Fund to the Mason Inlet
Relocation Project for contracts with Gahagan and Bryant Associates and the Land Management Group.
Ratification of New Representatives to Serve on the Human Relations Commission
The Commissioners ratified the appointments of Mrs. Evelyn Adger Bryant and Sylvia J. Holleman as new
members to serve on the Human Relations Commission as respectively appointed by the NAACP and the Town
of Wrightsville Beach.
Adoption of Resolution to Support Widening SR1100 (River Road) South From Shipyard Boulevard
The Commissioners adopted a resolution in support of widening SR1100, River Road, south from Shipyard
Boulevard. The local District Office of the N.C. Department of Transportation has requested the County and the
City to support use of discretionary funds for this project. The maximum cost of the project cannot exceed
$800,000. The local NCDOT District believes that the proposed River Road project meets the criteria for use for
the discretionary funds.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 20.1.
Acceptance of Offer from the Homeowners Association for Kirkwood at Arrondale Subdivision to Purchase
County Property - Legal Department
The Commissioners accepted an offer from Fogelman Saffo Turner, Inc., on behalf of the Homeowners
Association for Kirkwood at Arrondale Subdivision, to purchase County property, Tax Parcel No.
7816 - 006 - 004 -000 for $5,000. Staff was directed to advertise the offer pursuant to North Carolina General
Statutes. The lot has a tax value of $11,500.
The County acquired the parcel as a gift in 1999 from R. C. Fowler. The land will be used for drainage
improvements for private development of an adjacent tract and to enhance drainage in the existing Monterey
Heights subdivision.
Acceptance of Offer to Purchase County Property on Queen Street Between Sixth and Seventh Street from
Jan Brewington and Husband Chappy Valente - Legal Department
The Commissioners accepted an offer to purchase County property on Queen Street between Sixth and
Seventh Street from Jan Brewington and husband Chappy Valente for $5,000. Ms. Brewington and Mr. Valente
are agreeable to the County's conditions: (1) conveyance shall be by a non - warranty deed; (2) no structures shall
be built on the site; and (3) a small area must be reserved for signage designating the site's history as a former burial
ground.
The advertisement for upset bids is the first step in this process. If no other higher bid is received, Staff
will proceed with the closing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
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PAGE 173
Adoption of Resolution Approving Disposal of the Library's IBM Server RS /6000 Model # 7025 -F40, Serial
# 26- 05760, as a Trade -in on the Purchase of a New Server
The Commissioners adopted a resolution approving disposal ofthe Library's IBM Server RS /6000 Model
#705 -F40, Serial #26 -05760 as a $2,200 trade -in on the purchase of a new server. The Library replaced their
computer system server through a state contract purchase. The vendor, Eastern Technologies, is offering a trade -in
allowance on the replaced server in the amount of $2,200. The County Manager was authorized to sign all related
documents associated with this transaction. No budget amendment is required. The trade -in allowance will be
recognized as revenue and posted to Account #110 - 410 - 4131 - 1000 -6030.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 20.2.
Acceptance of Tax Collection Reports Through April 30, 2002
The Commissioners accepted the following Tax Collection Reports through April 30, 2002, as submitted
by the Collector of Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXVII, Page 20.3.
Release of Values - Tax Department
The Commissioners approved a Senior Citizen /Disability Exclusion for the following taxpayer:
Davis, Estelle C. $20,000
Adoption of Resolutions to Add Roads in the Lakes at Johnson Farms Subdivision, Old Cape Cod at
Tidewater Plantation, Sun Coast Villas and Vineyard Green Subdivision to the N.C. Highway System
The Commissioners adopted resolutions requesting the NCDOT to add roads in the following subdivisions
to the N.C. Highway System:
Lakes at Johnson Farms Subdivision (Div. File No. 988 -N)
Southern Exposure, Southern Charm Drive, and Summertree Lane in Old Cape Cod at Tidewater
Plantation Subdivision (Div. File No. 967 -N)
Vinter Court, Chalice Lane and Bouquet Lane in Vineyard Green Subdivision (Div. File No. 978 -N)
Suncoast Drive and Sunburst Court in Sun Coast Villas Subdivision (Div. File No. 970 -N)
Copies of the resolutions are hereby incorporated as a part ofthe minutes and are contained in Exhibit Book
XXVIII, Page 20.4.
Approval of Contract #02 -0297 Awarding Bid for Construction of Veterans Park Phase 3B to Paragon
Building Corporation - Parks Department
The Commissioners approved Contract #02 -0297 awarding the bid for construction of Veterans Park Phase
3B to Paragon Building Corporation, the apparent low bidder, in the amount of $1,788,325. The Chairman was
authorized to execute the necessary contract documents.
As directed by the Board of County Commissioners on March 25, 2002, Staff advertised and received bids
on April 30, 2002. The estimated cost of the project was $1.8 million, with $750,000 to come from the grants and
the remainder from County funds.
Acceptance of Grant Award from N.C. Safe Kids and Approval of Associated Budget Amendment #02 -0192 -
New Hanover County Fire Services
The Commissioners accepted a grant award and approved the associated budget amendment from NC Safe
Kids in the amount of $5,000 to establish a permanent checking station for infant /child car seats. The car seats will
be distributed and checked to insure the installation was correctly executed. No County funds are required, but
County staff time will be required to train persons to check seats and administer the grant.
Budget Amendment #02- 0192 -Fire Services
Adjustment
Debit Credit
Safe Kids Grant $5,000
Supplies $3,000
Motor Vehicles (trailer) $2,000
Explanation: To establish a budget for the grant awarded to Fire Services from NC Safe Kids. The funds
will be used to establish a Permanent Checking Station for car seats.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Approval of Budget Amendment #02 -0185- Department of Aging -RSVP
The Commissioners approved the following budget amendment:
Budget Amendment #02- 0185- Aging -RSVP
Adjustment Debit Credit
RSVP Grant $1,500
Travel and Training $1,500
Explanation: To increase the budget as the result of an amendment to the RSVP grant. These funds are
to be used to attend the National Senior Service Corps Conference in Salt Lake City, Utah in June, 2002.
Approval of Budget Amendment #02- 0186 - Public Health /Project Assist
The Commissioners approved the following budget amendment:
Adjustment Debit
Project Assist $2,000
American Legacy
Advertising Cost $3,512
Contracted Services
Departmental Supplies $2,000
Explanation: To adjust the Project Assist FY 2001 -2002 budget to the actual amount of grant awards.
Approval of Budget Amendment #02- 0187 - Public Health /Temporary Assistance to Needy Families
The Commissioners approved the following budget amendment:
Budget Amendment #02- 0187 - Public Health /Temporary Assistance to Needy Families
Adjustment
Temporary Aid to Needy Families
Departmental Supplies
Employee Reimbursements
$2,125
$ 712
Explanation: To adjust Temporary Aid to Needy Families (TANF) FY 2001 -2002 budget to reflect a
reduction in State grant funds.
Approval of Budget Amendment #02- 0188 - Public Health Board Members
The Commissioners approved the following budget amendment:
Adjustment
Approval of Budget Amendment #02- 0189 - Museum - Grassroots
The Commissioners approved the following budget amendment:
Debit Credit
Donald H. Ross, Information Technology 5 years of service
Credit
$8,512
$1,000
$2,837
Debit Credit
Title XIX Fee Maximization $42,402
Contracted Services $42,402
Adjustment Debit Credit
Grassroots Science Grant $33,010
Administrative Reserve $33,010
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PAGE 174
Explanation: To budget FY 2000 -2001 Medicaid cost net settlement funds for contracting an
"Organizational and Management Assessment of the Health Department" (including a review of current
programs and services).
Explanation: To decrease the budget by the amount the State will withhold this fiscal year to make up
budget shortfalls. The State is withholding County payments for May and June 2002 at $16,504.99 per
month.
Designation of May 19 -25, 2002, as Hurricane Awareness Week in Conjunction with the Governor's Office
The Commissioners declared May 19 -25, 2002, as Hurricane Awareness Week in New Hanover County
in conjunction with the Governor's Office.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS:
County Manager O'Neal requested the following employees to step forward to receive service awards:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Donnie R. Hall, Fire Services
Jeffrey B. Cooke, WASTEC
Evelyn G. Bowden, Health Department
Vanessa L. Causey, Library
David J. Smith, Social Services
On behalf of the Board, Chairman Davis presented a service award to each employee and expressed
appreciation to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES:
County Manager O'Neal requested the following new employee to stand and be recognized:
Shannon Eakins, Information Technology Department
On behalf of the Board, Chairman Davis welcomed Mr. Eakins to New Hanover County government and
wished him success in his new position.
CONSIDERATION OF PROCLAMATION DESIGNATING THE YEAR 2002 AS NAVY LEAGUE OF
THE UNITED STATES CENTENNIAL YEAR
Commissioner Caster spoke on this being the 100` anniversary ofthe Navy League of the United States and
he requested Mr. Richard Eisenman to step forward to receive the proclamation.
Chairman Davis called for a vote to adopt the proclamation.
5 years of service
5 years of service
5 years of service
5 years of service
10 years of service
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PAGE 175
Motion: Vice - Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
designating the Year 2002 as the Navy League of the United States Centennial Year. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Mr. Eisenman reported that the local Council of the Navy League was an organization comprised of
approximately 150 members with over 80,000 members nationwide. The Local Council supports and gives awards
to six ROTC Units at local high schools, sponsors a local Sea Cadet Program, and presents awards to the sea services
of the U. S. Navy, Marine Corps, Coast Guard and U. S. Flag Merchant Marines. He expressed appreciation to the
Board for recognizing the centennial year of the Navy League of the United States.
On behalf of the Board, Chairman Davis presented the proclamation to Mr. Eisenman and expressed
appreciation to him for the worthwhile services rendered by the local Council of the Navy League.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 20.5.
ADOPTION OF RESOLUTION ESTABLISHING ASSESSMENT AND SETTING PUBLIC HEARING
DATE FOR THE WILMINGTON HANBY BEACH WATER & SEWER PROJECT
Finance Director Bruce Shell reported that construction of the Wilmington -Hanby Beach Water and Sewer
Project has been completed. Pursuant to N.C.G.S. 153A -193, the County must identify and determine the total cost
of the project.
The total cost of the project is $5.6 million with approximately $400,000 received in reimbursements from
the sales tax, refunds, and other costs. The net cost is $5,256,169. If the Board adopts the resolution approving the
net cost, a Public Hearing will be held on June 3, 2002, to confirm the assessment roll during the regular meeting
of the Board of County Commissioners. He advised that each individual property owner will be mailed a letter on
May 21, 2002, identifying their specific cost and informing them of the Public Hearing scheduled on June 3, 2002,
at 5:30 P.M. in the New Hanover County Historic Courthouse.
A majority of parcels in Wilmington Hanby Beach are 50 x 100 feet. The cost for this size lot with one
water tap and one sewer tap is $4,161. In prior meetings, the estimated cost per property owner was $4,500, and
Staff is pleased the assessment is below this figure.
In closing, Finance Director Shell requested the Board to adopt the resolution establishing the project cost
and scheduling a Public Hearing on June 3, 2002.
Commissioner Caster requested an explanation of the financing being provided by the County to the
property owners.
Finance Director Shell explained that the Special Assessment Statute allows the Board of County
Commissioners to provide financing up to a 10 -year period with establishment of an interest rate. In prior Board
meetings, an interest rate of 6% has been discussed, but no final decision has been made. On June 3, 2002,
alternatives will be provided on how to handle the financing arrangement.
After hearing no further comments from the Board, Chairman Davis called for a motion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 176
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a resolution to establish
the project cost of the Wilmington Hanby Beach Water and Sewer Project at $5,256,169 and direct Staff to prepare
the Preliminary Assessment Roll for review and confirmation at a Public Hearing to be scheduled on June 3, 2002,
in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. 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
XXVII, Page 20.6.
PRESENTATION OF THE COUNTY MANAGER'S RECOMMENDED BUDGET FOR FISCAL YEAR
2002 -2003
County Manager O'Neal reported that after completing a very thorough budget review process, he was
presenting the FY 2002 -2003 budget with the tax rate remaining at 69 cents as directed by the Board of County
Commissioners. Substantial cuts in positions and services have been made, and the increase in voter - approved debt
has been absorbed in the recommended budget without a tax increase. The State's continued budget crisis greatly
impacts all local governments. Due to the economic downturn, Governor Easley has decided to withhold monies
promised to counties and cities in order to balance the State budget. At the same time, the cost of mandated
programs (especially Medicaid) has dramatically increased.
During the current year, the equivalent of 100 positions have been eliminated; 87 of these were full -time
regular positions, with the remainder being temporary positions. At the beginning of the FY 2002 -2003 budget
process, department heads were instructed to request no new positions, hold operating budgets at the current level
or less, and critically review departmental operations to reduce expenditures. Most departments have held their
budgets constant for a number of years. Inflationary increases and serving an increasing number of citizens have
been absorbed in static or declining budgets.
County Manager O'Neal presented the following review of the budget.
PUBLIC SCHOOLS:
The Schools' Administrative Staff agreed to no increase in operational funding for FY 2002 -2003. Even if the
County funds the Schools at the FY 2001 -2002 level, they may actually be dealing with less revenue due to State
reductions.
Due to the State budget crisis, the Board of Education was unable to meet the May 15, 2002, deadline for submitting
its local budget request to New Hanover County. As soon as State information is available, the Board of Education
will finalize and submit its budget request.
The new debt service for schools, approved by the voters in two bond referendums, will be an additional $2 million.
The only other increase for the Schools is a $250,000 increased contribution to the New Hanover County Board of
Education Pension Trust.
As adopted in the current year budget, $1 million of the Schools Fund /fund balance is budgeted in the FY 2002 -2003
budget.
A transfer of $65,406,709 is recommended for the Schools from the General Fund. Of this amount, $5,451,346 is
funded by the portion of the sales tax designated for the Schools.
CAPE FEAR COMMUNITY COLLEGE:
Funding of $3,772,409 is recommended for Cape Fear Community College, representing an increase of $600,000.
An increase of $1,004,890 was requested due to operational expenses of new facilities. It should be noted that debt
service in the General Fund will increase by $723,000 for Cape Fear Community College bonds approved by the
voters.
RECOMMENDED EXPENDITURES
Expenditures for human services and education continue to dominate the General Fund. Education increased from
34.4% of the budget to 35.3% as a result of increased debt service for the Public Schools and Cape Fear Community
College.
The tax base growth between FY 2001 -2002 and FY 2002 -2003 is expected to be 3 percent. The current ad valorem
tax base is estimated to be $17 billion. Based on this estimate, a penny will be worth $1,666,000. The current
economic conditions have significantly impacted County revenue through a $1.6 million decrease in the sales tax
and $1.1 million decrease in interest income.
Approximately $3.7 million of the undesignated portion of the two one -half cent sales taxes is budgeted for General
Fund operations. One million dollars is maintained as an administrative reserve for Environmental Management,
and $1.9 million is budgeted as a transfer to the Water and Sewer District. This is the same amount that was
transferred in FY 2001 -2002. Ad valorem and sales tax revenue represent 78% of County revenues.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
PERSONNEL ISSUES:
No new positions are recommended in the FY 2002 -2003 budget. An amount of $687,061 is recommended to absorb
the increased cost of employee dental and health insurance. While it is not recommended that employees pay the
additional insurance cost, their out -of- pocket cost for services and prescription drugs will increase.
For the second year, no funds are included for the merit program or to provide a pay plan adjustment for employees.
County -wide, funding for overtime and temporary positions has been substantially reduced.
SHERIFF'S DEPARTMENT:
The new Jail is scheduled to open during FY 2002 -2003. A $1 million Administrative Reserve is included to provide
partial year funding for increased jail staff, operating expenses and increased security for the courthouse expansion.
Both facilities will be completed in the upcoming year. The new jail will be partially staffed with detention officers,
which will be more cost - effective than staffing the facility with deputies. Additional positions will be recommended
during the year for court security and the jail.
A new firing range will become operational during FY 2002 -2003. This range replaces a 30- year -old range that had
to be relocated due to road construction. Public safety organizations in the County with the exception of the
Wilmington Police Department will use the range for State mandated qualifications as well as practice. The range
site will also be used for bomb disposal.
SOUTHEASTERN CENTER:
Funding of $1,643,584, representing an increase of $114,930, is recommended for Southeastern Center. The N. C.
Department of Health and Human Services continues to move forward with implementation of a reform system to
provide mental health developmental disability and substance abuse services. If changes to the current system shift
responsibilities to counties without funding, local costs will rise and taxes may have to be increased to provide
services. This is another example of the State requiring local governments to provide services without funding.
NON - COUNTY AGENCIES:
Funding has been eliminated for non- County agencies that do not have multi -year contracts. This action will have
a negative impact on the community, but County financial support to these agencies is not available without
increasing taxes or cutting additional County programs. Agencies have been warned about the current budget
situation and have been told that funding could be entirely eliminated.
FUND BALANCE
No funds will be removed from the County Fund Balance for the FY 2002 -2003 budget since this would jeopardize
the County's bond rating and reduce the amount below the current 11 %. During these difficult economic times, fund
balance is needed as a safety net. It has been predicted that the east coast will have an above average hurricane
season, and money could be needed. A strong fund balance is important to the continued financial strength and
preservation of the County's excellent bond rating. The maintenance of a healthy fund balance is a top priority for
FY 2002 -2003. The County has been recently rated by bond agencies and was able to maintain its AA bond rating.
The State of North
Carolina is on a credit watch and could lose its AAA bond rating, which would negatively impact local
governments.
ENVIRONMENTAL MANAGEMENT FUND
FIRE SERVICE DISTRICT
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PAGE 177
The Environmental Management Fund is balanced with a tipping fee of $48. No transfer from the General Fund is
budgeted, but an Administrative Reserve of $1 million is budgeted. Hopefully, the reserve will not be needed and
can be used to increase the County's Fund Balance or provide other services.
The current tax rate of 5 cents will remain the same for the Fire Service District. The impact of the City's annexation
plan on the Fire Service District will continue to be reviewed by the Fire Commission and reported to the Board of
County Commissioners.
WATER AND SEWER DISTRICT
The Water and Sewer District currently provides services to approximately 26,000 water and sewer customers
(residential, industrial, and commercial). This is more customers than served by most municipalities in North
Carolina. The District's current operation and future expansion are funded by user fees and a $1.9 million transfer
from the General Fund.
CAPITAL IMPROVEMENT PROGRAMS
No funds are included in the recommended budget for new capital projects. It is unreasonable for the Commissioners
or the public to expect this trend to continue in the future. The County continues to grow and the demographics
constantly change. The current infrastructure of schools, parks, libraries, court space, and other public buildings
must meet the community's needs. The elimination of capital projects will not be a trend the County can sustain if
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 178
it wishes to maintain the quality of life and remain competitive in recruiting new industry and business investment
in the community.
FUTURE CONCERNS
The State has not adopted its FY 2002 -2003 budget; however, information is being received that funding for
programs will be reduced. In each case, particularly entitlement programs which are mandated by the State, the
County will be responsible for increased costs of the programs. The level of trust between the State and local
governments needs to be restored. Three times in the past 12 years, during a budget crisis, the State has seized
monies that were due local governments. Counties cannot continue to prepare budgets if a significant portion of its
revenue is jeopardized on a routine basis.
An amount of $4.5 million is included in the FY 2002 -2003 for State collected local government reimbursements.
These reimbursements were promised as a continuing source of revenue and replacement of funds for locally levied
taxes that were repealed by the General Assembly. If the reimbursements are not received by the County, changes
in the budget will be required.
The one -half cent Statewide sales tax that went into effect last fall is scheduled to sunset June 30, 2003. Once this
occurs, Boards of County Commissioners will have the option to continue the tax with the County receiving all the
proceeds to be divided with the municipalities. The State will cease all reimbursements due to local governments
after fiscal year 2003. Counties are worried that the State may change the arrangement to the financial disadvantage
of the counties.
ALTERNATIVE REVENUES
The General Assembly must remain aware of the need to provide alternate revenue sources for local governments.
With unfunded mandates, shifting of State program responsibilities to the local level with no funding, and freezing
promised reimbursements, the General Assembly must recognize the financial hardship being placed on counties
and cities. Local governments need a stable and growing source of revenue instead of static reimbursements that
are subject to State government budget problems and fluctuation in the economy.
According to the North Carolina Association of County Commissioners, Medicaid costs are projected to increase
roughly 20% annually for the next several years. County funding for Medicaid reduces the resources available to
support local schools, public health services, criminal justice systems, and other essential County programs. North
Carolina is one of seven states in the country that contributes to the cost of Medicaid; however, counties have no
involvement in setting Medicaid policy, eligibility or service options that influence Medicaid costs. The County is
required to administer programs without any options or authority to be involved in setting policies. Eligibility is
based on State and Federal policy, and the County's estimated Medicaid budget for FY 2002 -2003 is $8.5 million.
This figure was calculated on State projections, but with the downturn in the economy, the appropriated funding may
not be enough. Since this is an entitlement program, the Board of County Commissioners will be required to fund
the shortfall.
In concluding his presentation, County Manager O'Neal stated that he looked forward to working with the
Board of County Commissioners on the preparing the FY 2002 -2003 budget. He commented on the difficult
decisions that had to be made to prepare a budget and expressed appreciation to the department heads and employees
for the cooperative manner in which they met the budget challenges.
On behalf of the Board, Chairman Davis expressed appreciation to County Manager O'Neal and every
member of the Administrative Staff for the hard work and effort given to prepare the recommended budget with no
increase in the property tax under a difficult budget situation. He also expressed appreciation to the Board of
Education for the cooperative manner in which they agreed to accept the funding recommendation made by the
County Manager.
Chairman Davis asked if any member of the Board would like to comment on the recommended budget.
Commissioner Boseman commented on understanding that impact fees would be used to pay for the joint
City /County expansion of the Northside Wastewater Treatment Plant and she asked what the County's funding
participation was in the project.
Finance Director Bruce Shell responded that the County's contribution to the project is approximately $39
million with a portion paid to get the project started. He explained that debt service for the project will be incurred
in 2004, and the Board of County Commissioners will have to decide at that time if impact fees or a combination
of these fees should be used to pay for the debt.
Commissioner Boseman asked if the overtime problem at the Sheriff's Department had been resolved.
County Manager O'Neal responded that the Sheriff has significantly reduced overtime pay in the
department. Less funding for overtime is recommended in the proposed FY 2002 -2003 budget and Staff will closely
monitor overtime paid next year.
Discussion followed on exploring ways to generate revenue in the new Jail. County Manager O'Neal
advised that he felt prisoners from other communities could be housed at the new Jail and an opportunity may exist
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
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to expand the contract with the Federal Court System to house more federal prisoners. He noted that Staff would
continue to review options for generating additional revenue at the new Jail.
Further discussion was held on the need to increase the County's Fund Balance. Commissioner Boseman
advised that she would like to see a five -year plan in place.
County Manager O'Neal agreed and stated a five -year policy adopted by the Board would not only build
the fund balance but protect the County's AA bond rating.
In discussion of including State reimbursements in the recommended FY 2002 -2003 budget, Commissioner
Boseman stated that she could not vote on a budget that included reimbursements when the legislators are telling
cities and counties that no reimbursements will be received.
Commissioner Caster stated that the strategy of the N. C. Association of County Commissioners and N.
C. League of Municipalities is to encourage local governments to include reimbursements in local budgets to force
the Governor and legislators to approve the funding, which in his opinion is a tactic that will not work. He suggested
removing the $4.5 million in State reimbursements from the budget so the County will not be scrambling for money
to make up a shortfall at the last minute.
Vice - Chairman Greer disagreed and stated that he was in favor of including the State reimbursements in
the FY 2002 -2003 budget. He explained that the State would like for local governments to make up the difference
through raising taxes or making severe budget cuts, which means the State wins and the citizens lose. He suggested
supporting the Association and League in placing pressure on the members of the General Assembly to provide
reimbursements as promised.
Commissioner Pritchett agreed with Vice - Chairman Greer and strongly objected to the manner in which
the members of the General Assembly have placed the burden on the local level that will negatively affect every
citizen in New Hanover County. She urged the citizens to contact the local legislative delegation and urge them to
support payment of the reimbursements promised to local governments.
Chairman Davis advised that he was not surprised that the State broke its promise and suggested removing
the reimbursements from the budget. He also noted that he would not vote to increase the ad valorem property tax
rate.
Consensus: After lengthy discussion on the need to move forward with the budget process, it was the consensus
of the Board to hold the Public Hearing on the Recommended FY 2002 -2003 Budget at the regular meeting
scheduled on June 3, 2002, and schedule a Budget Work Session after receiving public input.
PRESENTATION ON THE STATUS OF THE JUDICIAL BUILDING EXPANSION PROJECT
Mr. Bruce Bowman, representing BMS Architects, advised that the Judicial Expansion project is 45 to 60
days behind schedule; however, the building should be completed by mid -July with full occupancy by mid - August.
After completion of this phase, the second phase will begin with renovation of Level 1 and Level 2 Clerk areas in
the existing Judicial Building. The project is within the budget but a few items will have to be addressed such as
minor security enhancements, electronic post 911 items, and extra waterproofing issues. Improvements have been
made to the early renovation phases. Fresh air movement has been increased to the vault area of the Register of
Deeds Office and wall materials have been replaced to be sure no mold is present.
In closing, Mr. Bowman offered to answer questions.
After hearing no comments from members of the Board, Chairman Davis asked if anyone from the public
would like to speak.
Attorney Robert Calder, Jr., President of the New Hanover County Real Estate Bar, reported that the local
Bar is concerned about the safety of employees in the Register of Deeds Office and the general public using the
office. He requested the Board to cure the health problems with the air in the new office space before moving the
Register of Deeds Office back into the building. He also expressed concern for the loss of resources and stated when
the move was made from the old space on the ground level of the existing Judicial Building, approximately 850
books were placed in storage. It appears that the planning made by the previous Registrar was based on the
assumption that a web base computer system would be sufficient for use by the public, which is not the case. He
requested the Board to direct Staff to work with Ms. Rebecca T. Christian, who is an excellent Registrar, to come
up with an alternative to provide a safe location for the health of the employees and locate the lost books and maps.
Ms. Rebecca T. Christian, Registrar, spoke on the need to protect the health of the employees and public
and stated due to problems incurred with Staff over the existing health issues in the new office, she would prefer Mr.
Ed Turberg to make her presentation.
Mr. Ed Turberg, Architectural Historian and Restoration Consultant in Wilmington since 1979, advised
that most of his projects deal with research on historic commercial and residential buildings. This process involves
identifying ownership of properties from the earliest period to the present which requires extensive use of maps and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Mr. Bowman advised that he would be glad to meet with all parties involved.
BREAK
Chairman Davis called a break at 10:45 A.M. until 10:55 A.M.
BOOK 29
PAGE 180
actual books in the Register of Deeds Office. With the temporary relocation of the Register of Deeds Office, the
books were placed in storage which has severely limited his work and the work of others in need of researching
records. He requested the Board to make sure that all books and records are put in one place to better accommodate
the public.
After a lengthy discussion of having adequate space in the new vault to accommodate all books and records,
Mr. Bowman advised that he would be willing to work with Property Management in building adequate shelving
to accommodate the records.
After discussion, the Board of County Commissioners requested Mr. Bowman, Attorney Calder, Registrar
Rebecca Christian, and Staff to meet to see if space can be found to accommodate all the books and records,
including the ones stored.
On behalf of the Board, Chairman Davis expressed appreciation to Attorney Calder, Ms. Christian, and Mr.
Turberg for bringing this matter to the attention of the Board.
STATUS REPORT ON THE UNACCEPTABLE CONDITION OF THE NEW HANOVER COUNTY
ADMINISTRATION ANNEX BUILDING AND CONSIDERATION OF RELOCATING EMPLOYEES IN
THE ANNEX BUILDING TO THE THIRD FLOOR OF THE MAIN LIBRARY
County Manager O'Neal reported that ATC Associates, Inc., an environmental firm, has tested the Annex
Administration Building and the report shows isolated problems with mold and air flow in the structure. The firm
has recommended that the County Staff should manage the interior wall areas of mold amplification in place. No
persons, employees or contractors should penetrate interior walls (drill or cut holes) unless it has been determined
there is no potential mold amplification. If the walls have to be penetrated for wiring or some other purpose, the
working condition in the building could become undesirable. The air flow problem involves the lack of oxygen for
the number of employees in the building by the end of the week. The oxygen level is sufficient on Monday and
diminishes to an unacceptable level by Friday. The major concern is to protect the health of the employees and
general public using the building. Some renovations can be made by introducing more air flow, which may or may
not resolve the problem, but will not address additional space needs.
County Manager O'Neal advised that in an effort to resolve this issue, Staff is requesting the Board of
County Commissioners to consider moving employees from the Annex Administration Building to the third floor
of the Library for a temporary period of time. Before recommending the move, Staff visited ten different properties
to see if another arrangement could be found. The cost for purchasing space plus needed renovations for the various
departments ranged from $1.5 million to $3 million. With current budget constraints, the least expensive option is
to move the employees to the third floor of the Library on a temporary basis and direct Staff to continue to look for
a permanent solution. He explained that the original plan for the third floor of the Library was to relocate the Library
Administration from the second floor to the third floor, provide space for Friends of the Library and using the
remaining square footage meeting rooms. This plan would allow for enlargement of the North Carolina Room and
other programs.
Chairman Davis advised that the Board needs to address the health problem in the Annex Administration
Building in the quickest and most economic way possible. He explained that the County Manager and Board of
County Commissioners do not want to interfere with plans for the third floor of the Library; however, there was no
way to anticipate that mold would be found in the Annex Administration Building. The County Manager was
requested to resolve this problem and one of the options presented was using the third floor of the Library until a
permanent solution can be found. Pursuant to North Carolina General Statutes, counties are not required to provide
library services, but counties are required to provide a safe place for employees to work. He requested all parties
involved to understand the problem and realize the importance of providing a safe working space for the employees.
Vice - Chairman Greer spoke on dealing with the Annex Administration Building for a number of years
because of its poor condition and stated unfortunately nothing was done. He strongly objected to resolving this
problem by moving the Annex employees to the third floor of the Main Library. According to the report received
from ATC Associates, Inc. the following recommendation was made:
The building does have areas within some of the interior walls that have mold amplification that is isolated
within those cavities and which are not likely affecting the indoor environment. ATC recommends that New
Hanover County manage the interior walls of mold amplification in place. No person, employees or
contractors should penetrate interior walls unless it has been determined that the walls are clear of potential
mold amplification. The County can manage these areas because the mold is isolated within interior wall
cavities and will not be a problem unless these areas are disturbed.
Vice - Chairman Greer continued by saying there is an air flow problem and ATC has estimated that it would
cost $69,000 to solve this problem. The major issue is to protect the health of County employees and Ms. Mary
Hatcher, Chairman of the Library Advisory Board, would like to present a solution to the problem.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
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Chairman Davis advised that he would be glad for Ms. Hatcher to make the presentation after presentations
from Staff have been received.
Project Engineer Greg Thompson reported that a primary concern with allowing the third floor of the
Library to be used for housing Annex employees is that some of the renovations on the second floor have already
been designed and started in the North Carolina Room, children's reading area, and new computer lab. After
searching for a way to allow the Library renovations to be completed as designed, the following scenario has been
developed:
The available square footage on the third floor of the Main Library is 22,000 square feet which is more
space than needed for departments in the Annex Administration Building. After reviewing the preliminary
plan of the third floor, an area of approximately 15,000 square feet has been identified. This space could
be used to house Library Administration functions, which require only 800 square feet. If the Fire Services
Department is moved to another location, this will free up enough space on the third floor to accommodate
departments from the Annex Administration Building and Library Administration functions, which will
allow the renovations on the second floor to continue as originally planned.
Commissioner Pritchett urged the Board to consider the proposal presented by Project Engineer Thompson
which will allow the Library Administration functions to be moved to the third floor, complete renovations on the
first and second floors as originally planned, and house departments of the Annex Administration Building on a
temporary basis. If other Library functions need to be moved, there is additional space at the Northeast Branch
Library.
option.
Commissioner Caster asked if the Library Administration and Library Advisory Board were aware of this
County Manager O'Neal explained that no one had been informed because this scenario was developed late
yesterday afternoon.
Commissioner Caster suggested meeting with the Library Advisory Board, Friends of the Library and
Library Administration to discuss and review the option presented by Project Engineer Thompson.
Vice - Chairman Greer strongly objected to moving the Annex employees to the third floor of the Library.
He stated that New Hanover County is fortunate to have the Friends of the Library and citizens who work diligently
to support library services. These citizens formed a group and raised $1 million for the Northeast Branch Library
which was an outstanding accomplishment and significant contribution to the New Hanover County Public Library
System. When deciding to build a parking lot on the existing parking area for the Main Library, an agreement was
reached with the Library Advisory Board, Friends of the Library, and Library Administration to renovate the third
floor and provide additional space for library needs and parking for the library patrons. Now, air flow and mold
problems have been found in the Annex Administration Building and the recommendation is to resolve this situation
by unloading the problem on the Library. This recommendation is not fair, and it is no different than the State
deciding not to send reimbursements to counties as promised. There is a solution to solve the air problem in the
Annex Building. He requested Chairman Davis to allow Ms. Mary Hatcher to present her proposal.
•
•
•
•
Chairman Davis requested all persons who signed up to speak to limit their remarks to three minutes.
Ms. Mary Hatcher, Chairman of the Library Advisory Board, spoke on understanding the difficult decision
that has to be made by the Board and stated that she felt the short -term solution to be presented by Mr. Hugh
VanZelm, President of the Friends of the Library, would accomplish the following:
Allow the air in the Annex Building to be cleaned, thereby, giving time for the County to explore
alternatives other than moving into the third floor of the Main Library.
Allow the Board of County Commissioners to keep its promise made to Library patrons and the citizens of
New Hanover County on February 5, 2001.
Allow the Library to occupy the space on the third floor.
Create a win -win situation for all parties involved.
Mr. VanZelm reported that supporters and Friends of the Library are making a one -time offer of $69,000
for the air flow system to be installed to create a safe working environment for employees in the Annex
Administration Building to resolve the mold problem and create a safe working environment for the employees until
another location can be found. He requested the Board to consider this offer and allow the original plan for the
Library to remain unchanged.
Mr. Bob Mayo, a member of Library Advisory Board, requested the Commissioners to fix the Annex
Administration Building and allow the Library to use the space as originally planned. He noted that the option
presented by Mr. Greg Thompson would be a major change and would not be simple to implement because the
Computer Lab is on the third floor, not the second floor, and the children's area could not be expanded if a portion
of the administration space is to remain on the second floor. The third floor was designed specifically for library
functions and it will be necessary to make significant changes to accommodate five or six departments with different
functions. A considerable amount of money will be required to change the location of walls, offices, heating and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 182
air conditioning vents, electrical communications, security, entrances and exits, carpets and other items. A detailed
plan should be prepared to show the impact and cost of moving departments from the Annex Administration
Building to the third floor of the Library before a final decision is made.
Mr. Mayo also noted that a major issue to consider is compatibility. The hours of operation will be different
and several departments housed in the Annex Building, such as Inspections, Planning, Engineering, and Water and
Sewer, will generate heavy use by the public that will not be compatible with a library environment.
Mr. Mayo concluded by saying if the Board decides to move the employees from Annex Administration
Building to the third floor, it will delay the planned changes for the Library until the unforeseeable future, which in
his opinion is a big mistake.
Reverend John Fredlaw, representing the NAACP, stressed the importance of addressing the technology
gap between students and stated that the Computer Lab proposed for the Library will allow children living in the
downtown area to have access to this type of equipment.
Ms. Virginia Sherman, a resident of Wilmington for 14 years, spoke on the New Hanover County Library
System being a marvelous part of the quality of life in Wilmington and stated that a mistake would be made to hold
the Library responsible for the County's problems at the Annex Administration Building. The people have supported
the Library System because of its value to all citizens and this space should be used for library purposes.
Hearing no further comments from the public, Chairman Davis asked if any members of the Board would
like to comment.
Vice - Chairman Greer asked how there would be enough space on the second floor to expand the North
Carolina Room, relocate the Computer Lab and allow a portion of the Administrative function to remain on the
second floor.
Project Engineer Thompson explained that all Administrative functions will be moved to the third floor
which will leave enough space to expand the North Carolina Room and locate a Computer Lab on the second floor.
He stated that the proposed scenario would not change any original renovations on the second floor.
Discussion followed on the costs involved with moving the employees from the Annex Administration
Building to the third floor of the Library. Project Engineer Thompson advised that no actual cost analysis had been
prepared; however, the relocation of employees and modifications should be minimal and can be paid from the
budget for the Parking Deck and third floor renovation projects.
Chairman Davis requested Project Engineer Thompson to comment on the point made by Mr. Mayo
regarding incompatibility of the library environment with the amount of traffic that will be created by the people
visiting various County Departments.
Project Engineer Thompson advised that the first and second floors of the Library will be closed until 9:00
A.M. regardless of what happens to the third floor. The access to the third floor will be directly from the third level
of the parking deck. The lobby and second floor can be closed off and secured from the public.
A lengthy discussion followed on the recommendation by the Friends of the Library and the offer of $69,000
to change the air flow in the Annex Building. County Manager O'Neal advised that in order to make the air flow
changes in the Annex Building, the walls will have to be penetrated, which will involve moving employees from
the building to a temporary location until the work is completed.
Commissioner Pritchett objected to the proposal made by the Friends of the Library and stated as a member
of this group, she felt it was inappropriate to use membership dues and donations to purchase an air flow system for
another building. This money should be used to purchase books, videos, and other library equipment.
Further discussion followed on what would happen to the Annex Administration Building if the Board
decides to make the move. County Manager O'Neal advised that the building could be sold or demolished. If the
building is demolished, the lot can be sold or used for a parking surface.
Chairman Davis stated that he was not comfortable with voting on this issue until figures have been
presented showing the cost of moving the employees to the third floor of the Library and the cost of modifications
to accommodate the various functions of the departments.
Commissioner Caster agreed and stated that time was needed to thoroughly review the options presented
and costs involved with relocating County employees from the Annex Administration Building to the Library.
Vice - Chairman Greer strongly objected to moving the employees from the Annex Administration Building
into third floor of the Library. He urged the Board to consider other options.
Commissioner Boseman stated that she felt the move should be made immediately because she was
concerned about the safety and health of the employees.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
After hearing no further comments, Chairman Davis called for a motion.
BOOK 29
PAGE 183
Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to table this item until the June 3, 2002
regular meeting of the Board to: (1) allow time for the Board to receive and review information on all options
presented; (2) direct Staff to provide figures on the cost of moving employees from the Annex Administration
Building to the third floor of the Main Library as well as costs for any modifications made to the third floor to
accommodate the move; and (3) direct Staff to meet with members of the Library Advisory Board, Friends of the
Library and other interested parties before June 3 to present a sketch showing what functions will be located on the
second floor and third floor of the Library if the Commissioners decide to move these employees.
County Manager O'Neal noted that delaying a decision will halt the work which could create a liability to
the County.
Attorney Copley informed the Board that under the contract with the construction company there is a $650
per day charge if construction is stopped. The contractor has already assigned workers to the project and the County
will be held liable for these costs.
Further discussion was held on the offer of $69,000 to correct the air flow in the Annex Administration
Building. County Manager O'Neal advised that while work is being performed to fix the air flow in the building,
County employees will have to be moved to another location. The County is also on notice from ATC Associates,
Inc. to move forward with resolving the mold problem as soon as possible.
Chairman Davis said there is a motion on the floor to continue this matter until the June 3, 2002.
Chairman Davis called for a vote on the original motion to table this issue until June 3, 2002. Upon vote,
the MOTION FAILED by 2 to 3. Vice - Chairman Greer, Commissioner Pritchett, and Commissioner Boseman voted
in opposition.
Chairman Davis called for another motion.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to accept the recommendation
presented by Project Engineer Thompson and move employees from the Annex Administration Building to the third
floor of the Library.
Vice - Chairman Greer asked if he could reverse his no vote to a yes vote on the original motion to table the
issue until June 3, 2002.
County Attorney Copley responded that procedurally a substitute motion should be made.
Substitute Motion: Commissioner Caster MOVED, SECONDED by Vice - Chairman Greer, to table this item until
the next meeting scheduled for June 3, 2002, to: (1) allow time for the Board to receive and review information on
all options presented; (2) direct Staff to provide figures on the cost of moving employees from the annex
Administration Building to the third floor ofthe Main Library as well as costs for any modifications made to the third
floor to accommodate the move; and (3) direct Staff to meet with members of the Library Advisory Board, Friends
of the Library and other interested parties before June 3 to present a sketch showing what functions will be located
on the second floor and third floor of the Library if the Commissioners decide to move these employees.
Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION CARRIED
3 TO 2. Commissioner Boseman and Commissioner Pritchett voted in opposition.
Chairman Davis requested the County Manager to place this item on the June 3, 2002 agenda.
Commissioner Caster suggested inviting one or two County Commissioners to attend the meeting with the
various Library groups.
Ms. Mary Hatcher requested time to clarify one point and stated that the $69,000 offer did not come from
the Friends of the Library money. This money was donated by supporters of the local history room.
Commissioner Pritchett noted that she did not feel people who donated money to the history room would
expect the funds to be used for curing a sick building.
Further discussion was held on the fact that New Hanover County will incur a cost of $650 per day for
delaying the project. Chairman Davis expressed concern for this amount of money being spent and suggested
rescinding the substitute motion just taken and continue this meeting until Tuesday, May 21, 2002 at 2:00 P.M.
Motion: Vice - Chairman Greer MOVED, SECONDED by Commissioner Caster, to RESCIND THE
SUBSTITUTE MOTION and continue the regular meeting until Tuesday, May 21, 2002 at 2:00 P.M. in the
Assembly Room ofthe New Hanover County Courthouse, for the Board to vote on whether to move employees from
the Annex Administration Building to the third floor of the Main Library. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Chairman Davis called for a motion to adopt the ordinance as presented and heard on the first reading.
BOOK 29
PAGE 184
ADOPTION OF AN ORDINANCE ON THE SECOND READING TO AMEND CHAPTER 47, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE IV, HOUSE NUMBERS, PROCEDURES AND
DISPLAY OF OFFICIAL NUMBERS BY ADDING SECTION 47- 109,AN ENFORCEMENT SECTION, TO THE
NEW HANOVER COUNTY CODE
Chairman Davis reported that on May 6, 2002, the Board of County Commissioners voted 4 to 1 to add an
enforcement section to Chapter 47, Article IV of the County Code to charge a civil penalty in the amount of $150 for
violating this Article.
Motion: Commissioner Caster MOVED, SECONDED by Vice - Chairman Greer, to adopt an amendment to Article IV
adding an enforcement section as per the approved Addressing Standards Manual. Upon vote, the MOTION CARRIED
4 to 1. Commissioner Pritchett voted in opposition.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 20.7.
ADOPTION OF ORDINANCE AMENDMENT ON THE SECOND READING TO INCREASE SEWER TAP
FEES BY AMENDING CHAPTER 56, UTILITIES, ARTICLE 111, SEWER SYSTEM, DIVISION 9, FEE
SCHEDULE AND APPENDIX B, DIVISION 9, FEE SCHEDULE IN THE NEW HANOVER COUNTY CODE
Chairman Davis advised that on April 15, 2002, the Board of County Commissioners voted 4 to 1 to increase
sewer tap fees. He advised that the current 4 -inch tap fee is $900 if paid within six months of availability and $1,800
thereafter. The proposed change is $2,000 if paid within the first six months of availability and $2,500 thereafter. The
current 6 -inch tap is $1,100 if paid within the first six months of availability and $2,200 thereafter. The proposed change
is $2,200 if paid within the first six months of availability and $2,700 thereafter.
Vice - Chairman Greer spoke on the need to explain why the tap fees are being increased and stated that the Water
and Sewer District is an enterprise fund that stands on its own. Remarks have been made within the community that the
ad valorem property tax is being used to fund the Water and Sewer District, which is not true. Other people feel that the
District is placing sewer lines in special developments such as Landfall before other areas, which is not true because
Landfall paid for the entire cost of the sewer project. The District has followed the list of projects as approved and
outlined in the sewer plan. When the water and sewer general obligation bond issue was passed by the voters in 1984, there
was an expectation that bond monies would be sufficient to provide sewer to most of the areas in the Water and Sewer
District; however, a few years later, it was found that these expectations could not be met because there was not enough
bond money to install sewer lines in the areas on the original list, which included the Kings Grant area. At that time, the
County decided to develop a plan on how to expand the Water and Sewer District and a committee was established to
develop a recommendation. The recommendation from the committee was to designate the Water and Sewer District as
an enterprise fund, which means that fees collected for providing water and sewer services plus some State sales tax
monies would fund expansion of the sewer system.
In 1994, the same committee reconvened and developed a list indicating where the sewer should be expanded
and recommended providing sewer to the Kings Grant area by the year 2009. Due to the number of failing septic tanks
in Kings Grant, the Water and Sewer District Board decided to move Kings Grant, Spring View, the Middle Sound,
Brookfield, and Briarwood up on the list of projects. W ithout increasing the tap fees, the District will not be able to
continue to expand the availability of sewer.
Chairman Davis expressed appreciation to Vice - Chairman Greer for the comments and requested a motion.
Motion: Commissioner Pritchett MOVED, SECONDED by Vice - Chairman Greer to adopt an ordinance amending
Chapter 56, Utilities, Article 111, Sewer System, Division 9, Fee Schedule and Appendix B, Division 9, Fee Schedule to
increase sewer tap fees for four inch and six inch taps. Upon vote the MOTION CARRIED 4 to 1. Commissioner
Boseman voted in opposition.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 20.8.
APPROVAL TO AMEND THE REVOLVING LOAN PROGRAM FOR WATER AND SEWER
CONNECTIONS AND PLUMBING IMPROVEMENTS
Community Development Planner Wanda Coston reported that currently the County has two different
programs that provide financial assistance to eligible very low, low, and moderate income persons to assist with the
costs associated with sewer connections and /or related sewer plumbing improvements. Neither of these programs
presently allow for funds to be used when connecting to an available water system and staff is requesting that this
deficiency be corrected.
Community Development Block Grant funds are currently being used to construct a sewer system in a
portion of the Castle Hayne area and also being used to provide no interest loans, to low and moderate income
persons, to assist them with the costs associated with connecting their homes to the sewer system with tape fees being
waived. The City of Wilmington is also in the process of constructing a water system in the area which can provide
water service to the affected households on Holly Shelter Road. The construction will require relocation of existing
wells. Since many of these households will likely be eligible for sewer loans, staff is proposing that financial
assistance be made available to connect eligible homes to the City's water system as opposed to relocating the wells.
The same criteria being used to determine eligibility for financial assistance in the current program would be used
to determine eligibility for assistance with water connections.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Staff is requesting the Board amend the County sewer revolving loan program and the Castle Hayne sewer
revolving loan program to allow financial assistance to be made available for connecting to either the City of
Wilmington or County water systems using Community Development Block Grant funds or other applicable funds.
General fund monies may be necessary in order to support the loan fund in an amount not to exceed $20,000.
Chairman Davis requested direction from the Board.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to amend the County sewer
revolving loan program and the Castle Hayne sewer revolving loan program to allow financial assistance to be made
available for connecting to either the City of Wilmington or County water systems using Community Development
Block Grant funds or other applicable funds as presented with General fund monies allocated in an amount not to
exceed $20,000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
SECOND READING OF CHARTER COMMUNICATIONS FRANCHISE AGREEMENT
County Attorney Copley advised that the Charter Communications franchise agreement was approved at
the first reading by a unanimous vote; however, the General Statutes require a second reading for final adoption of
a franchise agreement.
Chairman Davis called for a motion to adopt the franchise agreement.
Motion: Vice - Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt the Charter
Communications franchise agreement as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the franchise agreement is on file in the Legal Department.
MEETING RECESSED FOR LUNCH
Chairman Davis recessed the meeting from 12:45 P.M. until 1:15 P.M. for lunch.
BOOK 29
PAGE 185
PUBLIC HEARING TO CONSIDER FRANCHISE ARRANGEMENT FOR SOLID WASTE COLLECTION
Chairman Davis opened the Public Hearing and requested Staff to make a presentation on the franchise
arrangement for solid waste collection.
Assistant County Manager Dave Weaver reported that earlier the Board directed Staff to move forward on two
parallel paths, to re- institute the flow control ordinance and to develop a franchise system. Both the flow control
ordinance and franchise system would allow the County to manage solid waste collections and insure disposal of waste
at County designated sites.
At the April 15, 2002, meeting of the Board, Staff presented a draft of the franchise system and the
Commissioners requested scheduling a Public Hearing to receive input from the public. Since that time, Staff has met with
the haulers and municipalities to discuss the franchise documents with a number of their suggestions incorporated into the
following documents:
1. Franchise Ordinance: This ordinance requires all solid waste haulers to obtain a franchise for a license from New
Hanover County. This ordinance requires the hauler to meet certain minimum requirements, including disposal
of solid waste at County- designated facilities.
2. Franchise Agreement: This document is a contract required by the franchise ordinance between the County and
any hauler who wishes to collect solid waste in the County.
3. Inter -Local Agreement (ILA): The ILA states that each municipality will require all solid waste haulers within
each jurisdiction to comply with the franchise system. In return, the County will provide long -term disposal
facilities for municipal solid waste. It is important that the municipalities participate in the ILA to show the level
of cooperation between the municipalities and the County. North Carolina law allows the County to require the
franchise system to be implemented in the municipalities.
In closing, Assistant County Manager Weaver offered to answer questions.
Chairman Davis reported that the Solid Waste Advisory Board was instructed by the County Commissioners to
prepare a plan that would generate sufficient revenue to allow the WASTEC Facility to remain open, utilize the Landfill,
provide a countywide trash collection system, and eliminate the annual transfer of the ad valorem property tax to pay the
debt service. Implementation of the proposed franchise system with the increased tipping fee will cause the residential
trash collection billing to increase. He noted that Finance Director Bruce Shell was prepared to explain how the
homeowners will be affected by the increase in the tipping fee versus having to pay the increase through a transfer from
the ad valorem property tax.
Finance Director Shell explained that the average residential homeowner will pay $17 to $18 more per year for
the increased tipping fee under the franchise system. If the County continues to use the ad valorem property tax to
subsidize the Environmental Management Department, a person with a home valued at $90,000 will pay approximately
$17 to $18 more in taxes; however, a person with a more expensive home will pay considerably less under the franchise
system than through the current property tax transfer. The proposed franchise system will pass the cost to the users of the
system instead of depending on property taxes to subsidize disposal of waste.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Chairman Davis expressed concern for the existing landfill becoming full and asked what would happen with
the disposal of solid waste if the incinerator was closed and the landfill was full with no room for expansion.
Finance Director Shell responded that the County would have to contract and negotiate with an available landfill
and hauler to transport the trash to one or more facilities. The terms of the contract would have to be followed. Without
any negotiating points, the County would have to accept the terms of the contract because there would be no other way
to dispose of trash.
V ice - Chairman Greer explained that if the incinerator is immediately closed, the landfill has a 64 to 70 year life
cycle. This is sufficient time for many improvements to be made in the disposal of solid waste.
Commissioner Pritchett strongly disagreed with Vice - Chairman Greer's statement on the life cycle of the landfill
and stated that the numbers mentioned were not true because some of the land at the landfill cannot be permitted.
Chairman Davis spoke on understanding the position of Vice - Chairman Greer and stated that he was thinking
of future generations who will one day have to face a tremendous problem with disposal of waste. In the future, the
purchase of land in New Hanover County will be cost prohibitive and the County will be at the mercy of the haulers and
landfill facilities.
A lengthy discussion was held on the increase in the customer bill received from the hauler for residential
collection. Assistant County Manager Weaver explained that the hauler chosen by the customer will determine the
increase in the monthly bill. In calculating these figures, the additional cost for residential collection should not exceed
$1.69 per household.
County.
BOOK 29
PAGE 186
Chairman Davis asked if the franchise will prevent the existing haulers from conducting business in New Hanover
Assistant County Manager Weaver responded that all haulers will be able to conduct business under the proposed
franchise system. Each hauler will have to submit some information as part of the franchise application. He also noted
that the franchise system would not affect the manner in which the municipalities operate.
Vice - Chairman Greer stated that as a former business owner, he would object to releasing the following
information:
1. Name and address of applicant and whether this is a sole proprietorship, corporation, or partnership, with
disclosure of the ownership interests.
2. A list of the equipment possessed, available, or to be obtained within 18 months by the applicant.
3. Number of employees the applicant expects to use in the business.
4. Experience of the applicant in solid waste collection.
5. A balance sheet or equivalent financial statement prepared by a certified public accountant (or other person
satisfactory to the Board) as of the close of the applicant's last business year showing the net worth of the
business. All financial data submitted in compliance with the requirements of this paragraph shall be confidential
under N.C.G.S. 132 -1.2, and shall not be regarded as public information.
Assistant County Manager W eaver explained that some of the haulers expressed concern about these requirements
and stated in the Franchise Ordinance under Subsection B, the following language was added: "In lieu of the financial
statement, the County will accept a notarized statement from a certified public accountant verifying the financial viability
of the applicant's business."
Vice - Chairman Greer expressed appreciation to Assistant County Manager Weaver for the explanation. He also
noted that the Commissioners have been informed that the proposed plan will shift the financial burden from the taxpayers
to persons who generate the waste; however, a report just received shows that the flow of the waste stream is decreasing
because of the poor economy, which could leave a shortfall in the FY 2002 -2003 budget based on the tonnage projected.
He asked if this was a correct statement.
Director of Environmental Management Ray Church responded that he was not familiar with the report, but the
waste stream flow does follow economic trends.
Assistant County Manager Weaver explained that a more conservative approach has been used in estimating the
tonnage for the next fiscal year. The tonnage was estimated at 245,000 per year.
Vice - Chairman Greer stated that if the tonnage of the waste stream flow is less than projected last year, the figure
used in the FY 2002 -2003, which includes the increased $48 tipping fee per ton, will leave a $1.5 million shortfall. He
asked if general fund monies would be used to makeup the shortfall.
Director Church responded that electrical sales and grants for scrap tires and white goods would make up the
difference.
In concluding his comments, Vice - Chairman Greer stated that, in his opinion, the County has "the goose that laid
the golden egg," which is a State licensed landfill with 306 remaining acres that represents 60+ years of life. The County
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 187
also has an incinerator that is too costly to operate; therefore, he would suggest utilizing the County landfill and other out-
lying licensed landfills to turn the disposal of waste into a revenue source for New Hanover County instead of an expense.
The County has an opportunity to save the taxpayers money by fully utilizing the landfill and closing the incinerator.
Commissioner Pritchett stated that the suggestion to close WASTEC totally ignores the $3 million annual debt
service payment which means that New Hanover County will be paying for nothing.
Vice - Chairman Greer advised that sufficient revenue could be generated to pay the debt service by fully utilizing
the landfill at a tipping fee of $32 per ton.
Director Church commented on the life of the County landfill and presented a chart showing the amount of
landfill space that has been saved over the past ten years through the WASTEC Facility.
Vice - Chairman Greer disagreed with the chart showing the amount of space saved at the landfill and stated that
out of 164,000 tons of waste carried to the WASTEC Facility, 40,000 tons of waste has to be carried back to the landfill.
This means that valuable landfill space is being utilized by the ash.
Director Church presented a photograph of the landfill showing a parcel of 130 acres. It was assumed two years
ago, that the 130 acres could be used; however, once roads are constructed, buffer areas designated and borrow areas for
the sand need to build and close landfill cells, only 76 acres can be used for landfill space. Much of the remaining property
is lost because of permitting requirements, wetlands, and the borrow area.
Aerial photographs of the landfill were shown where ash is used daily as a cover material for landfill cells and
as an immediate cover for final closure of cells. Ash is a cost effective cover and has been beneficial in the operation of
the landfill.
Commissioner Pritchett stressed the importance of everyone understanding that regardless of whether 46,000 tons
of ash or 46,000 tons of sand is being used as daily cover, the same amount of material is required to cover the cells. The
ash is free and has saved the County a great deal of money.
Vice - Chairman Greer noted that many landfills use a synthetic cover that does not use any landfill space, which
would be extremely beneficial to the County in saving valuable space.
Commissioner Pritchett responded that a synthetic cover does not come free.
Director Church informed the Board that consideration has been given to using a Posi -Shell daily cover system
saying that Posi -Shell works much better than using traps in a windy area. If the ash and Posi -Shell had not been used,
the borrow lake would have to be dredged to obtain sand. The ash is free and has saved the County money and valuable
space at the landfill.
In concluding his comments, Director Church showed a photograph of the remaining property that has not been
permitted and stated that until permits are received from the State and other agencies, he would be reluctant to estimate
the number of years this acreage would provide in landfill space.
Hearing no further comments, Chairman Davis opened the Public Hearing and asked if any persons in the
audience would like to speak in opposition.
Mayor Ray Rothrock, representing the Town Council of Carolina Beach, advised that the residents of Carolina
Beach have an obligation for the debt owed on the WASTEC Facility and want to be a part of the decision made on what
is the best way to manage waste disposal. A majority of the Commissioners voted to allow the WASTEC Facility to
remain open and directed Staff to determine how the incinerator could be kept open. Staff has responded to this request
with the proposed franchise system. It is understandable why the Commissioners want to eliminate the transfer from the
general fund to the Environmental Management Department and place this cost on the users; however, the Carolina Beach
Town Council and residents do not want to be users at the proposed cost under the franchise agreement.
Mayor Rothrock noted that increasing the cost from $1.50 to $2.00 per month for residential trash collection
would be a considerable increase to low income residents. Businesses will receive increases up to 50 percent of the current
rate, and this cost will be passed to the customer. The residents and businesses cannot afford a 50 percent increase.
Everyone in the County should share in paying for the incinerator; however, we should not be liable for the cost of
operating this monster. Everyone understands that approximately 50 county employees are working at the WASTEC
Facility and there is a major concern for them, but the Carolina Beach Town Council is not willing to sign the interlocal
agreement. The Town Council is requesting the Board of County Commissioners to delay making a decision until all
elected officials in New Hanover County can meet and hold a roundtable discussion on pertinent information about the
WASTEC Facility, solid waste disposal, the interlocal agreement and franchise agreement. It is difficult to believe that
the elected officials and citizens have received the necessary information to make a decision.
Mayor Rothrock concluded his presentation by saying that on behalf of the Town of Carolina Beach, he was
requesting the roundtable meeting to be scheduled as soon as possible.
Chairman Davis expressed appreciation to Mayor Rothrock for his comments.
Mayor Betty Medlin, representing the Town Council of Kure Beach, reported that the elected officials and
residents of Kure Beach would like to be a part of any decision concerning the incinerator. A majority of the
Commissioners have decided to keep this facility operating and the residents of Kure Beach do not want to be a user at
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 188
the proposed cost under the franchise system. The largest increase would be to businesses who will pass the additional
cost to their customers. The proposed increase is not acceptable.
In closing, Mayor Medlin stated that the Kure Beach Town Council would like to know the life of the incinerator
and other information regarding the solid waste management program. She requested the Board of County Commissioners
to delay rendering a decision until the elected officials can meet and hold a roundtable discussion so all municipal elected
officials and the citizens can be better informed about this issue.
Mr. Andy Honeycutt, Town Manager of Wrightsville Beach, advised that the municipalities of New Hanover
County have been discussing solid waste disposal for a number of months. Meetings have been held with members of the
County Administrative Staff in trying to bring the elected officials up to speed on this important issue. The proposed
franchise agreement should not affect local governments, but this document should be legally reviewed to be sure the
agreement does not include or exclude local governments. The interlocal agreement is of primary concern to the
municipalities. The elected officials understand the need for the County to have the agreements in order to insure that trash
will be carried to the WASTEC Facility and County landfill with the tipping fee elevated by 60 percent. The major concern
among the municipalities is being requested to sign a six -year interlocal agreement without having questions and concerns
addressed. The Town Council of Wrightsville Beach will support an interlocal agreement for a term of one year at the
increased rate. This action will allow time for all elected officials to meet and determine what is the best long -term
approach to manage solid waste disposal in New Hanover.
Mr. Honeycutt concluded his remarks by saying the Wrightsville Beach Town Council is requesting the Board
to modify the six year term to one year in the interlocal agreement.
V ice - Chairman Greer asked Mr. Honeycutt what would happen to the County if the Board should modify the term
in the interlocal agreement to one year, and the haulers are being requested to sign a franchise for six years.
Mr. Honeycutt responded that he was unsure how the difference in terms would affect the haulers; however, the
County does have the ability to impose flow control if some type of consensus cannot be reached by the municipalities
within one year. He advised that he did not feel it was the intent of the municipalities to walk away from the process. It
is hoped that a consensus can be reached to develop a long range plan to handle solid waste disposal.
Chairman Davis asked Mr. Honeycutt if he was speaking on behalf of Wrightsville Beach, Carolina Beach, and
Kure Beach.
Mr. Honeycutt responded that he was speaking on behalf of Administrative Staff from other jurisdictions.
After discussion of the need to have interlocal agreements with the municipalities, County Attorney Copley
informed the Board that New Hanover County has the right to adopt a franchise ordinance as outlined in the legislation
granted by the N. C. General Assembly. It is not necessary for the County to have interlocal agreements with the
municipalities; however, the Commissioners may want to meet with the municipalities to see if an agreement can be
reached.
Chairman Davis welcomed Interim City Manager Ed Fare and asked if he would like to comment.
Mr. Fare advised that Mayor Peterson would speak on this issue when he arrived. He stated that he felt the City
Council would like for all elected officials to meet in a work session environment to discuss the details of the interlocal
agreement.
Ms. Sue Hayes, President of the Cape Fear River Watch Board of Directors, reported that members of the Cape
Fear River Watch support the franchise agreement and endorse complete County control of the waste stream flow. The
WASTEC Facility and associated landfill are a technical and environmental success. The North Carolina Department of
Environment and Natural Resources Air Quality Division has given the WASTEC Facility high marks and noted that there
have been measurable improvements in air quality since installation of the bag house in 2000. The Cape Fear River
Watch is a proponent of clean water and the organization is looking forward to a cutting edge wetlands project which will
divert over 50,000 per day of river effluent to an internal irrigation system. The one area that needs work is recycling.
Studies have shown that a county with a successful recycling program has demonstrated community pride, a feel of helping
with government expenses, and lower cost for disposal of trash. It is a basic environmental fact that all persons should
feel responsible for the amount of generated waste and not just assume that some one else will dispose of the waste.
The Cape Fear River Watch also encourages New Hanover County to set a goal of diverting 40 percent of the
solid waste flow from the WASTEC Facility and landfill through a construction and demolition facility. This facility could
be built by the County or franchised through a cooperative effort with the Brunswick County project being considered in
the Leland area. Existing programs for corrugated board, news print, and other recyclables should be enhanced by
education and needed facilities. The public should also be provided facilities to handle hazardous waste. The Cape Fear
River Watch is prepared to declare recycling as one if its major educational efforts. A commitment will be made to work
with the County to ensure success of a countywide recycling program.
Mr. John Crumpton, representing Republic Services the owner of A-1 Sanitation, advised that the documents have
been reviewed and stated there are two basic issues: collections and disposal. He stated that New Hanover County has
the right to develop a franchise in the unincorporated areas for collection, which means Republic Services will work with
the County to develop a collection system. He expressed concern about Section 10 in the franchise agreement which allows
the County to cancel the franchise with a 365 day notice and make it an exclusive franchise contract. Since this is a 7 -year
contract, Republic Services feels this provision should be withdrawn from the franchise agreement.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 189
Mr. Peter J. Pattinson, President of the lntertec Group, consultants to the WASTEC Facility for ten years, spoke
on the criticism of the incinerator over the years from being called a white elephant, too expensive to operate, and
inefficient with an incompetent staff. These feelings may have been justified several years ago, but during the past seven
years, these remarks are not justified. The County Administrative Staff saw the need to change the management at
WASTEC and the Staff was trained. This plant is now one of the best plants in the country with an exceptionally well
trained staff. This was confirmed when the WASTEC Facility received an award from the Association of Electrical
Engineers for the best plant in the country for its size and type. The complaints about this facility are completely
unjustified. There appears to be a desire to close a first class plant, which is difficult to understand.
Vice - Chairman Greer noted that no one was questioning the operation of the WASTEC Facility, but the issue
is economics. Why should the County pay five to six times more to burn trash when there is a sound way to dispose of
trash in the landfill at a much cheaper cost. He commented on Mr. Pattinson being the consultant for the WASTEC
Facility for several years and stated he felt his remarks were prejudiced since he would not have a job if the incinerator
is closed.
Mr. Pattinson responded that as a public service, the lntertec Group decided to charge the County only 50 percent
of the normal consulting fee which has been maintained for ten years, and he informed Vice - Chairman Greer that if this
income should cease he would not starve.
Vice - Chairman Greer noted that his criticism was not toward Mr. Pattinson or the Staff because the plant is
operating as well as possible, but the cost of operation is too expensive.
Mr. Pattinson responded that WASTEC generates approximately $1.5 million in revenue.
Vice - Chairman Greer stated that he did not believe revenue was generated in the amount of $1.5 million and he
requested Finance Director Shell to comment.
Finance Director Shell advised that the figure quoted by Mr. Pattinson was revenue generated from electrical sales
which has ranged from $1.7 million per year to a low of $900,000. The revenue generated last year was $1.1 million
because of downtime for upgrading the facility.
Mr. Pattinson concluded his presentation by saying that New Hanover County has an exceptionally good
integrated system for disposal of solid waste with the operation of the WASTEC Facility and utilization of the County
Landfill.
Mr. Buck O'Shields, a citizen involved with the solid waste issue for 26 years, stated that the Solid Waste
Advisory Board was requested to present a plan that would eliminate the transfer of the ad valorem tax to pay for operation
of the Environmental Management Department. The franchise plan was developed and presented to the Board of County
Commissioners for consideration. if the franchise system is implemented, the disposal of solid waste will become self -
sufficient. This will allow the Commissioners to shift money formerly spent on WASTEC into other programs to avoid
increasing the ad valorem tax.
Mr. O'Shields spoke on being disappointed to hear comments from Carolina Beach and Kure Beach about
holding a roundtable discussion , when representatives from the beach communities have served on the Solid Waste
Advisory Board since it was formed. The beach communities have been provided an opportunity to participate in the
process. It appears that Mayor Rothrock would rather see no reduction in the property tax so everybody in the County
can continue to pay for the environmental management system instead of placing the cost on the users.
In concluding his presentation, Mr. O'Shields spoke on the proposed commercial fees for businesses and stated
with use of the ad valorem property tax to subsidize the environmental management system, he and other property owners
have been paying more than their fair share for commercial trash collection. Businesses have not paid their fair share
based upon the amount of commercial trash generated and the time has come for the Board of County Commissioners to
proceed with implementing a franchise system in New Hanover County.
Hearing no further comments, Chairman Davis closed the Public Hearing.
Chairman Davis asked if any member of the Board would like to comment.
Vice - Chairman Greer suggested accepting the wishes of the municipalities to schedule a joint meeting to discuss
the proposal before voting on the issue.
Commissioner Pritchett requested the Board to consider separating the two items when voting, one being the
franchise ordinance and contract, and the other being the interlocal agreement.
Discussion followed on the items to be considered by the Board. Chairman Davis said that he understood there
would be three items to consider: (1) the ordinance; (2) award of franchise and agreement for solid waste service between
the County and waste haulers; and (3) the interlocal agreement between the County and each municipality.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the franchise ordinance
as presented.
Chairman Davis asked if the franchise ordinance could be amended at a later date once it has been adopted.
County Attorney Copley responded that any County ordinance can be amended at a later date. She also explained
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
that if the ordinance does not receive a unanimous vote, a second reading will be required for final approval. She noted
that the award of franchise agreement must be approved by the Board before the County can request the haulers to apply
for a franchise to do business in New Hanover County.
Chairman Davis asked Commissioner Pritchett if she would amend her motion to adopt the ordinance and
franchise agreement.
Amended Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the franchise
ordinance and the award of franchise agreement form.
Further discussion was held on the award of franchise agreement form. County Attorney Copley explained that
the award of franchise agreement is a form that has to be approved by the Board before Staff can meet with the haulers.
The form establishes the terms and conditions of the franchise agreement between the County and the hauler. When
negotiating the agreement, staff can work with the haulers in trying to reach an agreement on terms and conditions of the
agreement. She suggested adoption of the franchise ordinance as a separate motion and approving a draft award of the
franchise agreement form.
hauler.
Chairman Davis requested Commissioner Pritchett to withdraw her motion and make a new motion.
BOOK 29
PAGE 190
Motion: Commissioner Pritchett withdrew her previous motion and MOVED, SECONDED by Commissioner Boseman,
to adopt the franchise ordinance as presented. Upon vote, the MOTION CARRIED 4 TO 1. Vice- Chairman Greer voted
in opposition.
Due to the motion not receiving a unanimous vote, a second reading will be held on June 3, 2002.
Further discussion was held the award of franchise agreement form. County Attorney Copley explained that the
form can be adopted without a second reading.
Commissioner Caster asked if the terms and conditions of the franchise agreement can be different for each
County Attorney Copley responded that each franchise agreement is a separate document and stands on its own;
however, various circumstances cause some variance in the agreements. An effort will be made by Staff to negotiate
uniform agreement.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioners Boseman, to approve the draft franchise
agreement with the understanding that the form may be modified.
Vice - Chairman Greer asked why the Board was voting on the award of franchise agreement form before the
meeting with the municipalities since the agreement initiates the 7 -year term which is of concern to the haulers and
municipalities.
Assistant County Manager Weaver explained that the award of franchise agreement with each hauler will only
apply if the interlocal agreements are approved between the County and municipalities.
Chairman Davis called for a vote on the MOTION to approve the draft franchise agreement with the
understanding that this form may be modified. Upon vote, the MOTION CARRIED 4 TO 1. Vice - Chairman Greer voted
in opposition.
Chairman Davis asked if the Board agreed not to address the interlocal agreement until the Board can meet with
the municipalities to discuss this issue.
Commissioner Pritchett stressed the importance of moving forward with completing the interlocal agreements
before the June 3, 2002, meeting so the County can adopt the FY 2002 -2003 budget.
Consensus: After further discussion, it was the consensus of the Board to direct Staff to have the interlocal agreements
completed by June 3, 2002 or no later than June 17, 2003.
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 32 OF THE SUBDIVISION ORDINANCE
AND SECTIONS 59.7 AND 71 OF THE ZONING ORDINANCE TO REQUIRE A TRAFFIC IMPACT STUDY
FOR DEVELOPMENT PROJECTS CREATING MORE THAN 100 PEAK HOUR TRIPS (A -316, 02/02)
Chairman Davis opened the Public Hearing.
Planning Director Hayes advised that on November 5, 2001, Staff prepared ordinance amendments that would
require a traffic impact study to be completed for large development projects which generate more than 100 trips during
the peak hour. The proposed amendments will change the Zoning Ordinance regarding Conditional Use Districts, Special
Use Permit requirements, and the preliminary review process for large subdivisions. Adoption of the amendments will
provide the information needed when making decisions on how to mitigate traffic impact from large projects, such as
additional turn lanes, changing signalization, ride sharing or some form of mass transit. The standards being proposed
are similar to the requirements used by the City of Wilmington in the site plan review process.
Chairman Davis requested an explanation of the difference between the City and County ordinances.
Planning Director Hayes explained the major difference is that the City has not included these standards as part
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Chairman Davis asked if any member of the Board would like to comment.
BOOK 29
PAGE 191
of its Zoning Ordinance. The proposed amendments will become a part of the New Hanover County Subdivision and
Zoning Ordinances.
Hearing no comments from the Board, Chairman Davis asked if anyone from the audience would like to speak.
Mr. Warren Wakeland, representing the Wilmington -Cape Fear Home Builders Association, expressed
appreciation for the opportunity to comment on the traffic impact ordinance and stated that traffic is a major problem in
New Hanover County. The proposed ordinance is one option, but it offers very little relief because new development has
an insignificant impact on traffic in the County. Statistics from the Wilmington Regional Association of Realtors show
that 70 percent of people buying new homes already live in the County or surrounding region, which means they are
already contributing to the traffic problem. Figures also show that 874 new homes were sold in New Hanover County in
2001. This means that 262 new homes were sold to 30 percent of home buyers new to the area. If each homeowner has
two vehicles, this equates to 524 new County residents driving on County roads in 2001. The population of New Hanover
County is approximately 160,000, and if one of every two County residents own and drive a vehicle daily (which equates
to 80,000 vehicles), this means that less than seven tenths of one percent of all County residents using County roads at the
end of 2001 came as the result of new development in New Hanover County.
The Home Builders Association has the following concerns with the proposed traffic impact ordinance:
• The County has no mechanism with which to build or plan roads; therefore, the County should not be regulating
something over which it has no control.
• Adding the cost of a traffic study to residential development could have a negative impact on affordable housing
without offering any significant improvement in traffic congestion.
• There are legal problems concerning proportionate shares of mitigation costs in the original standards test. The
Planning Staff has acknowledged these problems and has agreed to insert language that should clear up this issue.
In closing, Mr. Wakeland requested the Board to consider the following changes if the traffic impact ordinance
is approved:
• Wording in several sections of the ordinance should be changed to allow the planning professionals the flexibility
to decide if a traffic study for a proposed development is actually necessary.
Change the threshold for residential development from 100 peak hour trips to 120 peak hour trips. The threshold
feasibility could be set at 150 peak hour trips. Change the threshold for commercial development from 1.56 peak
hour trips per 1,000 square feet of office space to 3 peak hour trips per 1,000 square feet of office space.
On behalf of the Home Builders Association, Mr. Wakeland encouraged the Board to adopt other effective ways
to manage traffic by requiring inter - connectivity through subdivisions, enacting a new zoning classification for new mixed
use development, or requesting UNCW to require freshmen to live on campus for the first year. He again expressed
appreciation to the Board for allowing the Association to bring out these points.
Hearing no further comments, Chairman Davis closed the Public Hearing. He asked if any member of the Board
would like to comment.
Vice - Chairman Greer requested an explanation of how the proposed amendments will better control traffic.
Planning Director Hayes explained that land use changes and development do create additional traffic and some
one should be responsible for solving the transportation problems. The proposed text amendments will allow Staff and
the Planning Board to review the additional burden being placed on the transportation system by a particular use. The
developer can only be required to pay for his or her proportionate share of the additional traffic generated by a
development. The peak hour numbers are national standards that are based on studies across the country and used by
traffic planners.
Vice - Chairman Greer asked whether the threshold numbers for residential and commercial development can be
changed if the system becomes overburdened.
Planning Director Hayes responded that the requirements can be waived if the system is overburden. He also
explained that each jurisdiction has to decide on the level of transportation flow for the on street network. There are four
grades of transportation flow: A, B, C, and D. The service level in New Hanover County is already graded E which fails
to meet the transportation flow. Under the proposed text amendments, the Planning Staff will determine if a study needs
to be made when reviewing a large development project. Once the study is made, a recommendation will be made to the
Board of County Commissioners when reviewing Conditional Use Zoning Districts or issuing Special Use Permits. Under
the subdivision review, the information from the traffic study will be forwarded to the Technical Review Committee when
they are dealing with large subdivisions that generate more than 100 peak hour trips. The Technical Review Committee
will decide how the subdivision should be designed by the developer to mitigate the traffic impacts by widening a road,
providing an additional access, or requiring a turn lane that was not in the original plan.
V ice - Chairman Greer asked if this type of control over traffic will remove the State's responsibility to build roads
and place this burden on County government.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Planning Director Hayes responded that the State might like to shift this responsibility back to County
government, but he did not feel this would happen. If a traffic study is required, the study will be performed jointly by
the County and N. C. Department of Transportation with the information available for both government entities.
Commissioner Pritchett asked Planning Director Hayes if the proposed ordinance will mirror the City's ordinance.
Planning Director Hayes responded that the two ordinances are similar.
BOOK 29
PAGE 192
Chairman Davis referenced the remarks by Mr. Wakeland about the ordinance being unconstitutional since the
County has no control over roads and asked Assistant County Attorney Holt Moore to comment on this matter.
Assistant County Attorney Moore informed the Board that counties have authority to legislate for the safety,
health, and welfare of the public, which can involve traffic concerns, without the County being required to build and
maintain roads.
Commissioner Pritchett suggested changing Section 59.7 -3(2)E to say that a traffic impact study may instead of
shall be required if the development generates more than 100 trips during peak hours. She noted that using the word may
will provide enough flexibility to waive a study when a large development on a road with minimal traffic is submitted.
Commissioner Boseman agreed and stated it would be unfortunate to require a developer to spend money on a
traffic study when it is not necessary.
Commissioner Caster requested the Board to consider 120 peak hour trips instead of the 100.
Commissioner Boseman stated that she felt the City and County ordinance should be the same, which is 100 peak
hour trips. She noted that many developers have been required to follow this policy for a number of years under the City's
ordinance.
Discussion followed on the recommendation by Mr. Wakeland regarding legal problems concerning the
proportionate share of paying for mitigation costs. After discussion of the developer not being required to pay an unfair
share, Commissioner Caster suggested clarifying this section.
After hearing no further comments, Chairman Davis called for a motion.
Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt amendments to Section
32 of the Subdivision Ordinance and Sections 59.7 and 71 of the Zoning Ordinance with changing the word shall to may
in Section 59.7-3(2)E and direct the Planning Staff to clarify the section regarding the developer paying a proportionate
share of traffic mitigation costs. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the ordinances are hereby incorporated as a part of the minutes and are contained in Exhibit Book
XXVII, Page 20.9.
SUBDIVISION APPEAL /ADMINISTRATIVE HEARING(CONTINUED FROM MAY 6 BOARD MEETING) TO
CONSIDERA REQUEST BY SUSAN MCDANIEL FOR THE BEAU RIVAGE HOMEOWNERS ASSOCIATION
TO APPEAL THE PLANNING BOARD'S TECHNICAL REVIEW COMMITTEE (TRC) DECISION
APPROVING THE REVISED PRELIMINARY SITE PLAN OF BEAU RIVAGE AND CAROLINA GREEN
ESTATES AT BEAU RIVAGE (SA -19, 05/02)
Chairman Davis reported that action was taken by the Board of County Commissioners on May 6, 2002,
with the action later rescinded to allow more time for the Commissioners to study the information presented and have
an opportunity to address any questions with the attorneys. He advised that the appeal involving Carolina Green
Estates should be heard first followed by the revised plan for B eau Rivage. The primary issues in controversy appear
to relate to whether preliminary plats can be changed. The Homeowners Association, represented by Attorney Susan
McDaniel, asserts that once a preliminary plan is approved for performance residential development, it cannot be
altered, even with consent of the Technical Review Committee. The Homeowners Association also argues that in
performance residential development, unless an area is designated on a plat as "future development", the location
is no longer available for development. The developer states that the preliminary plan is not final and is therefore
subject to change if the Technical Review Committee approves a new or revised plan. The developer contends that
the plan recorded at the Register of Deeds Office under which the lots are to be sold is the final plan. The developer
also asserts that the Board of County Commissioners will be taking private property should it attempt to change any
final recorded plats or determine that the area not specifically designated as open space is unbuildable.
As previously stated at the May 6, 2002 meeting, the County Legal Staff and Planning Staff have indicated
that approval of the plan by the Technical Review Committee was proper. The project met all the technical
requirements of the zoning and subdivision laws. The Technical Review Committee was not required to deny the
plan, simply because an earlier preliminary plan showed something different. By definition, a preliminary plan is
not final and is therefore subject to change. Staff maintains that the developer's failure to designate an area as
"future development" on a performance residential preliminary plan does not result in the area becoming unbuildable
open space. Only designations on final plats are controlling for purposes of County development ordinances.
Closing attorneys have a duty to review final plats, not preliminary plans. Representations on preliminary plans are
relevant only in private party actions against developers based upon the contract, fraud or misrepresentation. The
County is not a party to such private actions which are outside its review and are matters for the Court.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 193
Chairman Davis asked if the above statement was the correct position ofthe Planning Staff and Legal Staff.
Planning Director Hayes and Assistant County Attorney Moore responded that the statement was correct.
Chairman Davis asked if the Board desires any further argument by counsel for the Homeowners
Association and developer, or if the Board wishes to direct any questions to the Planning Staff.
Commissioner Pritchett asked if the roads within the Beau Rivage Subdivision were turned over to the
Homeowners Association for maintenance.
Attorney John Wessell, representing the Beau Rivage Plantation, Inc., the owner of the remaining
undeveloped property, responded that the roads were not deeded or turned over to the Homeowners Association.
Attorney Susan McDaniel, representing the Beau Rivage Homeowners Association, advised that the roads
have been turned over to the Homeowners Association for maintenance. There is no deed and the developer still
owns the record title; however, the recorded documents require the Homeowners Association to collect assessments
and be responsible for operating, maintaining, repairing and controlling the roads pursuant to the Articles of
Incorporation and Bylaws of the Beau Rivage Homeowners Association and restricted covenants for approved
subdivisions.
Commissioner Pritchett asked if the operative word is controlling those roads.
Attorney David Barefoot advised that the Homeowners Association has the right to maintain roads within
the subdivisions for which they have jurisdiction. At the last meeting, Attorney McDaniel conceded that the
proposed Carolina Green Estates project is not within the jurisdiction of Beau Rivage. The Homeowners Association
cannot control roads that are not shown in their subdivision.
Commissioner Pritchett spoke on driving through Beau Rivage and stated that the proposed location for
Carolina Green Estates is directly across the street from a private home and 100 yards from another private home.
She asked why the Homeowners Association does not have jurisdiction over the street which runs in front of private
homes that are obviously platted within the subdivision.
Attorney Barefoot explained that the Homeowners Association does not have title to the streets. The
developer has the right to grant easements for use of those streets to anybody regardless of whether they are a
member of the Homeowners Association. He stated that the road issue is not a part of the appeal before the Board
of County Commissioners.
•
Attorney McDaniel informed Commissioner Pritchett that her question had two answers:
• Who controls the roads? The Beau Rivage Homeowners Association controls the roads.
Who owns the roads? Beau Rivage Plantation, Inc. owns the roads. The roads have not been deeded over
to the Homeowners Association, but the Association has collected assessments over a period of years to
maintain, repair, operate and control the roads. The documents requested by Commissioner Pritchett are
part of the public record and can be found in the Register of Deeds Office. The Articles of Incorporation
are filed with the Secretary of State, and there are Bylaws for the Beau Rivage Homeowners Association
as well as recorded restrictive covenants placed on the record by the developer.
Chairman Davis stated that it was his understanding that each particular development had its own covenants
and restrictions with no overall master set of covenants and restrictions for Beau Rivage.
Attorney McDaniel agreed with the statement made by Chairman Davis and noted that the manner in which
the developer recorded the covenants and restrictions has been confusing to all parties involved. At the beginning
of each set of restrictive covenants, the developer is shown as Beau Rivage Development, Inc. and in some sets as
Eddie Lewis Construction, Inc. The term Beau Rivage Plantation, Inc. is defined ambiguously in the documents.
Since there is no master set of restrictive covenants, Carolina Green Estates is not part of any recorded subdivision
plat and would not be subject currently to any recorded restrictive covenants. The road in front of Carolina Green
Estates is part of a recorded final plat; therefore, Beau Rivage Homeowners Association does have control over the
road.
Attorney Wessell stated that he was not sure why the road issue is being discussed; however, the roads are
owned by Beau Rivage Plantation, Inc., which is the corporation that has the right to grant easements for people to
use the road. A deed of easement was granted to Carolina Green Estates for use of the roads in the Beau Rivage
Subdivision, and this is a recorded document in the Register of Deeds Office.
Attorney McDaniel informed the Board that the President ofthe Beau Rivage Homeowners Association has
located a recorded copy of the Declaration of Restrictions for the Beau Rivage Plantation in Section B, Phase I.
Under Paragraph 26, the document reads as follows:
The developer shall have no responsibility for maintaining streets and drainage easements in connection
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 194
with any lot sold. All such maintenance shall be the responsibility of the Homeowners Association, its
successors and assigns.
Attorney McDaniel presented the copy of the recorded document to the Board of County Commissioners.
Chairman Davis explained that Beau Rivage was comprised of 612 acres with 151 acres declared as
wetlands leaving 461 acres to be developed. The property was zoned R -15 Residential which allows 2.5 units per
acre. This means 1,153 units can be built (multiplying 2.5 x 461 acres.) During this period, New Hanover County
purchased some land at Beau Rivage which reduced the acreage and number of units that could be constructed.
There was a preliminary site plan submitted on April 17, 1986, and approved by Staff on September 2, 1986, without
future development or any designated use for the Beau Rivage entrance at Carolina Beach Road. He requested the
attorneys to step forward to see if this was the original site plan.
After a review of the plan, Chairman Davis advised that the attorneys have verified the plan to be a copy
of the original site plan submitted on April 17, 1986 and approved by the Planning Staff on September 2, 1986. He
noted that a preliminary site plan can be changed, but when the final plat is approved by the Planning Staff and
recorded in the Register of Deeds Office, then lots can be sold and construction can begin. The final plat involving
this area of future development was approved by the Planning Staff on September 2, 1986 and filed with the Register
of Deeds Office on September 2, 1986.
Chairman Davis reported at the May 6, 2002 meeting he received the impression that the new map with
future development designated at the entrance of Beau Rivage had just recently appeared. It is important for
everyone to understand that this map was approved and recorded in 1986. He also noted that once a final plat has
been recorded with the Register of Deeds there can be no major change to the plat without approval by the Technical
Review Committee.
Attorney McDaniel disagreed with some of the statements made by Chairman Davis and stated that a
performance residential preliminary site plan with open space defined according to the County ordinance can be
changed; however, she does agree that some details can be added to a preliminary site plan in the future.
Chairman Davis noted that under performance residential development the 1,125 units can be clustered in
certain developments. Since the original preliminary site plan, several projects have been built at Beau Rivage and
the overall plan was not updated for each project. When the Technical Review Committee heard the Carolina Green
Estates project, the developer was required to revise the original site plan. Once the 1,125 units have been built,
whether clustered or through R -15 development, no more units can be constructed in Beau Rivage and the remaining
land will become open space.
Planning Director Hayes explained that Staff maintains a running count so when 50 to 75 unit projects are
submitted, the space is set aside and calculated to be sure that the 2.5 units per acre is not exceeded.
Chairman Davis referenced the preliminary plan adopted in 1986 and noted that the plan specifically says,
"the land will be developed into single - family lots, several multi- family areas, and a golf course with a clubhouse
and other amenities." The site plan did mention multi- family areas.
Planning Director Hayes responded that multi- family projects have already been approved in the
development.
Commissioner Boseman asked how the Carolina Green Estates project could be approved before the final
plat was approved for Beau Rivage.
Planning Director Hayes explained that the Planning Board went back and forth on which plan to sign off
on because in most projects the details are submitted initially for the entire project. According to policy and
procedure, developers have been allowed to label a portion of the property for future development with the
understanding that no vested rights are given. In order for the developer to proceed to build on that portion of the
property labeled future development, the preliminary plan has to be revised.
Chairman Davis asked whether the health, safety and welfare of the people living in this area would be
negatively affected if the Board decides to approve the Carolina Green Estates project.
Planning Director Hayes responded that after a technical review by the Planning Staff and Technical Review
Committee, there were no findings that 30 additional dwelling units on this roadway in Beau Rivage would have any
negative impact on the health, safety, and welfare of surrounding residents. A request was made to provide an
emergency access to the rear of the property, which was a condition of the plan approved by the Technical Review
Committee.
Chairman Davis asked if the use requested is a permitted use in an R -15 Residential Zoning District.
Planning Director Hayes responded that the request to build 30 residential units for elderly citizens is
permitted under R -15 zoning. The residential nature of the complex must be maintained and no personal care
facilities are permitted.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Chairman Davis asked Attorney McDaniel if she would like to make any concluding remarks.
BOOK 29
PAGE 195
Attorney McDaniel spoke on this being a frustrating process and stated after discussion and debate two
weeks ago, the Public Hearing was closed and a vote was taken in favor of the Homeowners Association. Shortly
after the vote, a new issue was brought forward by the County Attorney. At that time, she was told that no further
evidence would be heard, no further arguments accepted, and that the decision of the Board of County
Commissioners was being rescinded to be continued for two weeks so counsel would have the opportunity to meet
with Staff to alleviate the concern about the potential liability for the taking of property. A meeting was held with
the County Attorney and everyone agreed that the appeal of this Board's decision would be held on June 4, 2002
in Superior Court. There is currently a temporary restraining order in place to stop work. By agreeing to have the
appeal heard on June 4, 2002, the potential liability to the County will be eliminated if the Judge were to agree with
the developer and declare it a taking of property.
In closing, Attorney McDaniel stated now she is hearing a completely different set of issues. It is difficult
to know whether new evidence can be presented or new arguments accepted. The process has been confusing and
it was her understanding that everything was worked out at the last meeting when the vote was taken based upon
the evidence. She stated that she was prepared to move forward with an appeal to the Superior Court regardless of
the vote taken. This is a case that probably should be heard in Superior Court; however, the Commissioners should
procedurally allow events to occur so all parties will receive due process, everybody knows the issues, and these
issues can be addressed at the appropriate time.
Commissioner Pritchett asked if the Board should be discussing this item since the appeal has been filed
in Superior Court with issuance of a temporary restraining order.
Assistant County Attorney Holt Moore responded that the manner in which the restraining order was filed
is a separate issue. The Board of County Commissioners should deliberate and reach a final decision on this case.
Commissioner Pritchett asked what issue will be heard in Superior Court on June 4, 2002.
Assistant County Attorney Moore explained that the temporary restraining order on a separate action will
be heard in Superior Court. For the sake of convenience, the appeal to the decision made by the Board of County
Commissioners on Carolina Green Estates will be heard on the same day. The parties have agreed that regardless
of what decision is made, an appeal will be filed.
Attorney McDaniel stated that the hearing for the Carolina Green Estates appeal was not placed on the court
calendar on June 4, 2002. This date was selected to honor the directive of the Board of County Commissioners to
eliminate any taking of property liability.
Attorney Kenneth A. Shanklin, representing the owners of Carolina Green Estates who have invested over
a quarter million dollars in the project, reported that the owners have complied with all subdivision and zoning
ordinance regulations. By law, the owners are entitled to the right to proceed with construction of the project. He
spoke on there being two types of development, conventional and performance residential. He presented an example
of conventional R -15 residential development showing 10 acres at 2.5 units per acre for 25 units requiring a
minimum of 15,000 square feet per lot. If a lot is less than 15,000 square feet, the lot cannot be sold. He also
presented an example ofperformance residential development without open space to show the flexibility ofthis form
of development. A plan can be prepared to have 5 estate lots and 10 lots on both sides at a smaller than R -15 size.
Another example is a 10 -acre tract with 25 units where 25 condominiums can be placed on five acres with the
remaining 5 acres being undivided and designated as open space to comply with zoning regulations. The Zoning
Ordinance says that "any space not offered for dedication to the County shall be shown and designated on the plat
as open space." Land can only become open space if it is designated as open space and applies only to undivided
areas. The final plat is the controlling document through the preliminary plan process. The law has been followed,
and his clients would like for 20 years of interpretation, 20 years of activity, and 20 years of doing business in New
Hanover County to be upheld.
Commissioner Boseman expressed concern for changing the entire look of a neighborhood and stated that
existing residents will be adversely affected by placing a low income senior housing development across the street
from a $300,000 house. She strongly objected to allowing this type of use in a well established neighborhood.
Attorney Shanklin responded that the issue is not a matter of right and wrong. It is a matter of following
the ordinances and the regulations, which have been met in this case. There is no category in the ordinance that
allows a request to be denied because the residents of the neighborhood do not like the use. The Board of County
Commissioners should perform its duty and render a decision based on the law, not the feelings of neighbors.
Chairman Davis informed Attorney Shanklin that he felt the Board of County Commissioners would have
the authority to control where the density would be located in performance residential development if it should pose
a threat to the public health, safety, and welfare. He noted that earlier during the hearing he specifically asked
Planning Director Hayes if the proposed use would be detrimental to the health, safety and welfare of surrounding
neighbors, and Planning Director Hayes responded that no evidence had been presented to show it would negatively
impact the neighborhood.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 196
Chairman Davis requested a motion to approve, reverse, or modify the decision of the Technical Review
Committee. He stated that ifthe Board decides to grant the relief requested by the Homeowners Association, a basis
for a finding in favor of the appellant would be for the Board to find that the New Hanover County Zoning
Ordinance, Section 51.5 -2(6), Regulations, Performance Residential, requires that areas not specifically reserved
for future development on a preliminary plat for performance residential be permanently designated as open space.
In that case, the decision by the Technical Review Committee would be reversed, and the case would be remanded
to the Technical Review Committee which would remove Carolina Green Estates from the preliminary plat.
If the Board decides to grant the relief requested by the developer, a basis for a finding in favor of the
appellee would be: Preliminary plats may be amended with approval by the Technical Review Committee. Section
56.5 -2(6) of the New Hanover County Zoning Ordinance, requiring that undivided areas not specifically reserved
for future development be designated as open space, applies only to final not preliminary plats. In that case, the
decision by the Technical Review Committee would be affirmed.
Motion: Commissioner Boseman MOVED to reverse the decision ofthe Technical Revenue Committee and remand
it back so Carolina Green Estates can be removed from the preliminary plat. The MOTION FAILED DUE TO
NOT RECEIVING A SECOND.
Vice - Chairman Greer stressed the importance of following the law and stated the Board cannot deny a
permitted use on the basis of not liking the project. He stated in this case, the Board does not have a choice.
Motion: Commissioner Caster MOVED, SECONDED by Vice - Chairman Greer, to deny the reliefrequested by the
Homeowners Association and uphold the decision ofthe Technical Review Committee as it relates to Carolina Green
Estates.
Commissioner Pritchett strongly objected to the idea of locating a senior citizen housing development at
the entrance of Beau Rivage with the existing traffic on Carolina Beach Road and stated that unfortunately she could
not find a legal reason to vote against the motion since the use is permitted in a R -15 Residential District.
Chairman Davis called for a vote on the motion. Upon vote, the MOTION CARRIED 4 to 1.
Commissioner Boseman voted in opposition.
Chairman Davis advised that the next item to address is whether the Board should approve, reverse, or
modify the decision of the Technical Review Committee regarding the revised preliminary plan for Beau Rivage.
Assistant County Attorney Holt Moore suggested hearing the next appeal before deciding on the revised
plan for Beau Rivage.
The Board agreed to hear the next appeal before considering the revised preliminary plan.
SUBDIVISION APPEAL /ADMINISTRATIVE HEARING REQUEST BY KEN SHANKLIN FOR ANGIE AND
WILSON KI TO APPEAL THE PLANNING BOARD'S TECHNICAL REVIEW COMMITTEE
RECOMMENDATION TO REDUCE THE TOTAL NUMBER OF LOTS IN BEAU RIVAGE: TRACTS 1 & 2
FROM 192 UNITS TO 100 (SA -20, 05/02)
Chairman Davis advised that the appellant will have 15 minutes to make a presentation and the appellee will
have 15 minutes to make a presentation with five minutes of rebuttal for each side.
Planning Director Hayes advised that in June and July 2001, a sketch plan was presented to the Technical
Review Committee. After a review of the plan, the Technical Review Committee decided to scale back the size of
the project because it was too large for the location near the main entrance to Beau Rivage. The Planning Staff also
recommended that the developers should discuss the project with the Beau Rivage Homeowners Association.
A formal preliminary site plan for Beau Rivage, Tracts 1 and 2, was presented to the Technical Review
Committee in November 2001 with no changes to the plan. After discussion and review of the site plan, the
Technical Review Committee was concerned about traffic congestion issues and recommended reducing the number
of units from 192 to 100 to address safety factors associated the location of the project on Carolina Beach Road. The
revised site plan was to include no more than 100 units, storm water calculations as requested by the NCDOT to
divert run -off from going into Monterey Heights, and re- examination of fire hydrant locations with water pressure
tests to determine feasibility.
Planning Director Hayes informed the Board that the developer has addressed the storm water issues and
location of fire hydrants, but is appealing the reduction in the number of units from 192 to 100. Attorney Kenneth
A. Shanklin, representing the appellants, argues that New Hanover County has no legislative authority under North
Carolina General Statutes to revise the plan for no more than 100 units on the basis of reducing traffic congestion
and other safety factors associated with the project location. Planning Director Hayes advised that he felt the General
Statutes and County ordinances do enable the County to regulate development and specifically state that counties
have the responsibility to look at traffic congestion and safety when reviewing site plans. Attorney Shanklin is also
arguing that the Ki project meets and exceeds the requirements ofthe New Hanover County Subdivision and Zoning
Ordinances, which is true in terms of technical infrastructure needs, but in terms of traffic circulation and safety, the
project fails to meet County zoning and subdivision requirements.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 197
In concluding the presentation, Planning Director Hayes stated that the Technical Review Committee and
Planning Staff are not challenging the number of units to be built in Beau Rivage, but there is concern for the design
and configuration of the number of units and how these units will interact in terms of turning movements and getting
in and out at congested points without a traffic signal.
Chairman Davis referenced discussion earlier about the preliminary site plan originally approved by the
Planning Staff on September 2, 1986, with no designated use near the entrance to Beau Rivage. He also referenced
the final plat that was recorded in the Register of Deeds Office on September 2, 1986, which does show "future
development" for the area near the entrance to Beau Rivage. He reminded the audience that the final plat recorded
at the Register of Deeds Office is the controlling document.
Planning Director Hayes explained that the preliminary site plan and final plat were submitted and recorded
at the same time because there is very little frontage on Carolina Beach Road. Mr. Eddie Lewis had to acquire
additional land to obtain an access to Carolina Beach Road which required him to build the road and plat a right -of-
way to get to his property from Carolina Beach Road. This allowed Mr. Lewis to develop and market the property
off Carolina Beach Road instead of River Road or Sanders Road.
Chairman Davis asked Planning Director Hayes if the safety, health and welfare of the residents in Beau
Rivage will be negatively impacted by the proposed project.
Planning Director Hayes responded that the Planning Staff and Technical Review Committee feel that
primary traffic issues have not been addressed to ensure the safety, health, and welfare of the residents.
Chairman Davis asked Planning Director Hayes if he felt that the New Hanover County Board of
Commissioners could control the location of density if it does impact the safety, health, and welfare of the residents.
Planning Director Hayes responded that the County Commissioners do have the right to control development
and density to be sure that public safety, health and welfare are protected. A review is made of every development
plan submitted as to the layout of buildings, location of units, access to units, and traffic movements generated as
a result of the project location. These issues are taken into consideration when the design for the project is approved.
Chairman Davis asked Planning Director Hayes if the Board of County Commissioners has the authority
to inform the developer that the number of units can be reduced.
Planning Director Hayes stated that in his opinion, the Board of County Commissioners has the authority
to reduce the units or inform the developer that the project cannot be placed at this location.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis requested Attorney Shanklin to begin his presentation.
Attorney Shanklin, representing the appellants Wilson Ki and Angie Ki, stated for the record various notices
of appeal, and letters dated December 10, 2001, April 29, 2002, May 7, 2002, dealing with the issue have been
submitted on the appeal. On June 17, 2002, two memorandums of law were submitted, one dealing with the same
issues in the Carolina Green Estates plan. The key issue deals with his memorandum regarding the Guilford
Financial Services case. This case was filed May 7, 2002 and dealt with an ordinance of the City of Brevard that
had a provision to allow the City Council to sit as the Technical Review Committee and impose additional standards
above the minimum standards in the event the minimum standards did not reasonably protect and provide for the
public health, safety, and welfare. The Court of Appeals noted that this was the first time an ordinance of this type
had been seen with respect to subdivisions in the State of North Carolina. This is a significant point, and after
reviewing the New Hanover County Zoning Ordinances and Subdivision Regulations, there is no such provision.
It is one thing to have the enabling statutory authority, but the question is whether the County has applied this
authority. The argument of the appellants is that if New Hanover County has this authority, it has not been applied
in the County Zoning Ordinances. These ordinances are ministerial. If the developer has a check list of regulations
when submitting a plan and each regulation has been met, the developer would be entitled to the plan being
approved. The Woodhouse v. Board of Commissioners case stands for that proposition. Other cases have been
submitted saying that while sitting as an administrative board of review, the Board cannot adopt new standards. The
Board of County Commissioners cannot create ordinances that do not exist. Ordinances can only be adopted by the
Board of County Commissioners sitting as a legislative board.
Attorney Shanklin closed his presentation by saying based on the arguments made, it is his position that the
Technical Review Committee has no authority to reallocate or reduce density within a performance residential
development.
Attorney Shanklin requested Mr. Phil Tripp and Ms. Cindee Wolf to comment.
Ms. Cindee Wolf, a Landscape Architect assisting Mr. and Mrs. Ki on the project, reported that her directive
was to prepare a site plan with 192 units for the two tracts. Two sketch plan reviews were held with the Technical
Review Committee with several recommendations observed regarding orienting parking away from the road and
limiting the number of access points onto Colonie Rue Road. The plan has met the technical standards of the Zoning
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Chairman Davis asked if there was anyone wishing to speak in opposition.
BOOK 29
PAGE 198
Ordinance, and all performance residential requirements for buffer yards and landscaped areas have been met.
Mr. Phil Tripp, of Tripp Engineering, Inc., reported that the firm is representing Mr. and Mrs. Ki on the
technical standards of the project including storm water runoff and water and sewer. One recommendation by the
Technical Review Committee was to comply to the NCDOT storm water calculations. The size of the retention pond
has been increased thereby eliminating the required outlet structure going into the NCDOT right -of -way. Another
request from the Technical Review Committee was the need to provide fire hydrants. The developer has a permit
in place to construct a fourth well, which will supply sufficient water capacity to provide fire hydrants. All
regulations have been met.
Attorney Shanklin concluded the argument by requesting the original briefs forwarded to the County
Attorney and exhibits used in the proceedings for the Carolina Green Estates case to be used in this case.
Assistant County Attorney Moore responded that speakers in opposition would support the Technical
Review Committee because this is an appeal of the decision rendered by this group. He noted that he and Planning
Director Hayes attended the meeting of the Technical Review Committee and stated they would be glad to answer
questions.
Commissioner Caster asked what the thought process and reason was for reducing the number of units from
192 to 100.
Planning Director Hayes responded that the Technical Review Committee was frustrated because the
Committee had reviewed the plan at two different stages as a sketch plan and no recommended changes had been
made by the developer. In order to make the developer acknowledge the problems with traffic and circulation flow,
the recommendation was made to reduce the number of units. The critical issue is the number of trips that will be
generated. There are 364 dwelling units in Beau Rivage and the proposed plan will add 192 at the entrance of Beau
Rivage with one way in and out. The scale and size of the project at that location does not fit with the road
infrastructure to serve that number of trips.
Commissioner Caster agreed and stated if the project had been located near the back of Beau Rivage with
use of River Road or Sanders Road, it would have been more appropriate. To exit on Carolina Beach Road during
anytime of the day can be a problem.
Planning Director Hayes also noted that opportunities did exist to make other connections through this
property and this suggestion was made by the Technical Review Committee, but no options were forthcoming from
the developer.
Commissioner Pritchett spoke on riding through Beau Rivage and stated this is an inadequate narrow,
twisting road with two islands in the middle which require a u -turn in order to change direction. It is unreasonable
and unsafe for this type of project to be considered at the proposed location.
Chairman Davis commented on the Technical Review Committee recommending a traffic study and asked
if placement of 100 units would help to resolve the traffic problem without creating a health, safety and welfare
problem for the community.
Planning Director Hayes responded the Planning Staff and Technical Review Committee were never shown
a plan designed for 100 units; however, there would probably be a need for additional access points to accommodate
the increased number of trips. The Technical Review Committee did request conducting a traffic study to help the
developer with the traffic congestion problems.
Commissioner Pritchett stated that in order to turn left when leaving Beau Rivage, three lanes of traffic must
be crossed and the driver has to stop immediately at the traffic signal, which is quite hazardous.
Hearing no further comments, Chairman Davis requested a motion to uphold the decision of the Technical
Review Committee, reverse the decision, or modify the decision.
Motion: Commissioner Boseman MOVED to uphold the decision of the Technical Review Committee.
Chairman Davis asked Commissioner Boseman if the motion meant that 100 units would be approved.
Commissioner Boseman responded that she did not feel the Technical Review Committee approved
reducing the units to 100 because a plan was not resubmitted for approval.
Planning Director Hayes advised that the Technical Review Committee made a recommendation to review
the plan for no more than 100 units and submit the plan back to the Committee for review.
Commissioner Caster SECONDED THE MOTION.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 199
Chairman Davis asked if the traffic conditions should be made to the motion on the floor and suggested
amending the motion to address this matter.
Amended Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to affirm the decision
of the Technical Review Committee regarding the proposed development submitted by Wilson Ki and Angela Ki
due to the Board's concerns about increased traffic trips and inadequate road infrastructure.
Chairman Davis called for a vote on the amended motion. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Davis advised that the Board will now have to consider the revised preliminary plan which shows
the revisions of the Beau Rivage preliminary site plan.
Attorney John Wessell advised that the map submitted to the TRC shows Carolina Green Estates, the golf
course, and other developments that have been approved within the entire Beau Rivage Subdivision and does not
show the Ki development.
Chairman Davis stated for the record that Commissioner Boseman left the meeting at 4:00 P.M.
Chairman Davis requested a motion to uphold the action of the Technical Review Committee.
Motion: Commissioner Caster MOVED, SECONDED by Vice - Chairman Greer, to uphold the action of the
Technical Review Committee to approve the revised preliminary site plan dated April 10, 2002. Upon vote, the
MOTION CARRIED 4 to 0. Commissioner Boseman was absent when the vote was taken.
COMMITTEE APPOINTMENTS
Reappointment of Bethel Paris to Serve on the Bicycle Advisory Committee
Chairman Davis announced that one vacancy needed to be filled on the Bicycle Advisory Committee and
stated that two applications have been received with one applicant, Bethel Paris, desiring reappointment.
Chairman Davis opened the floor to receive nominations.
Commissioner Pritchett nominated Bethel Paris for reappointment. The nomination was seconded by
Commissioner Caster.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote.
Vote: The Board voted 4 to 0 to reappoint Bethel Paris to serve a 3 -year term on the Bicycle Advisory Committee
with the term to expire May 31, 2005.
Appointments to the Cape Fear Coast Convention and Visitors Bureau, Inc.
Chairman Davis advised the three vacancies needed to be filled in the following categories of the Cape Fear
Coast Convention and Visitors Bureau, Inc.:
1 Vacancy - At -Large Category
Applicants: Michael T. Fitzgerald
Ashley G. McCormack
Daniel M. McIntyre
Elizabeth P. Stanfield
Vice - Chairman Greer requested to be recused from voting on the At -Large Category because his daughter,
Ashley G. McCormack was one of the applicants.
Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to recuse Vice - Chairman Greer from
voting on the At -Large Category on the Cape Fear Coast Convention and Visitors Bureau, Inc. Upon vote, the
MOTION CARRIED 4 TO 0.
Davis.
Chairman Davis opened the floor to receive nominations for the At -Large Category.
Commissioner Caster nominated Ashley G. McCormack. The nomination was seconded by Chairman
There being no further nominations, Chairman Davis declared the nomination closed.
Chairman Davis called for a vote on the appointment of Ashley G. McCormack.
Vote: The following 2 to 1 vote was held by the Board to appoint Ashley G. McCormack to serve a 3 -year term on
the Cape Fear Coast Convention and Visitors Bureau, Inc. as an At -Large representative. The term will expire May
31, 2005.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Aye: Chairman Davis
Commissioner Caster
Noe: Commissioner Pritchett
Recused: Vice - Chairman Greer
Absent: Commissioner Boseman
1 Vacancy - Lodging Category
Applicants: Barry Eagle
Frank Jones
Barbara B. Kidd (eligible for reappointment)
BOOK 29
PAGE 200
Chairman Davis opened the floor to receive nominations to fill one vacancy in the Lodging Category.
Vice - Chairman Greer nominated Barbara B. Kidd for reappointment. The nomination was seconded by
Commissioner Caster.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote
on the appointment of Barbara B. Kidd.
Vote: The Board voted 4 to 0 to reappoint Barbara B. Kidd to serve a second 3 -year term on the Cape Fear Coast
Convention and Visitors Bureau, Inc. as a Lodging Representative. The term will expire May 31, 2005.
1 Vacancy - Marketing, Advertising & Public Relations Category
Applicant: Mike Bender (eligible for reappointment)
After commenting on only one application received to fill the vacancy, Chairman Davis nominated Mike
Bender for reappointment. The nomination was seconded by Commissioner Caster.
Chairman Davis called for a vote to reappoint Mike Bender.
Vote: The Board voted 4 to 0 to reappoint Mike Bender to serve a second 3 -year term on the Cape Fear Coast
Convention and Visitors Bureau, Inc. as a Marketing, Advertising & Public Relations representative. The term will
expire May 31, 2005.
Appointments to the New Hanover Commission for Women
Chairman Davis announced that four vacancies needed to be filled on the New Hanover Commission for
Women with two of the vacancies being unexpired terms. He advised that five applications had been received with
one applicant, Robyn M. Gantt, eligible for reappointment.
Commissioner Pritchett nominated Robyn M. Gantt for reappointment to a 3 -year term. The nomination
was seconded by Vice - Chairman Greer.
Vote: The Board voted 4 to 0 to reappoint Robyn M. Gantt to serve a second 3 -year term on the Commission for
Women with the term to expire May 31, 2005.
2005.
Chairman Davis opened the floor to receive nominations.
Chairman Davis called for a vote on the reappointment of Robyn M. Gantt.
Chairman Davis opened the floor to receive nominations to fill the full term that will expire on May 31,
Commissioner Caster nominated Ann Elizabeth Seymour. The nomination was seconded by Commissioner
Pritchett.
Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote on
the appointment of Ann Elizabeth Seymour.
Vote: The Board voted 4 to 0 to appoint Ann Elizabeth Seymour to serve a 3 -year term on the Commission for
Women with the term to expire May 31, 2005.
2004.
Caster.
Chairman Davis opened the floor to receive nominations to fill the unexpired term that will end on May 31,
Commissioner Pritchett nominated Jan Groff Dawson. The nomination was seconded by Commissioner
Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote on
the appointment of Jan Groff Dawson.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
Vote: The Board voted 4 to 0 to appoint Jan Groff Dawson to fill the unexpired term of Monique M. Logsdon on
the Commission for Women. The term will expire May 31, 2004.
2003.
Chairman Davis opened the floor to receive nominations to fill the unexpired term that will end on May 31,
Commissioner Caster nominated Sharon A. Hatton. The nomination was seconded by Commissioner
Pritchett.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote
on the appointment of Sharon A. Hatton.
Vote: The Board voted 4 to 0 to appoint Sharon A. Hatton to fill the unexpired term of Melinda Haynie Crouch on
the Commission for Women. The term will expire May 31, 2003.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 4:29 P.M. to hold a regular meeting of the New Hanover
County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 4:46 P.M.
I -40 BUSINESS PARK ASSESSMENT FEE
County Engineer Blanchard reported that the I -40 Business Park, called Island Park, was originally served
by a package wastewater treatment plant purchased primarily for the industrial park. A fee of $10 per daily gallon
was assessed at that time to assist with the cost of the treatment plant and operation. When the discharge to the Cape
Fear River was eliminated and the County sewer was provided to the area, the package treatment plant was removed
from service. Staff recommends reducing the $10.00 per daily gallon fee to $3.75 per gallon for commercial
customers.
Motion: Vice - Chairman Greer MOVED, SECONDED by Commissioner Caster, to reduce the fee of $10.00 per
daily gallon to the standard fee of $3.75 per daily gallon for commercial customers to be consistent with the Water
and Sewer District fee schedule. Upon vote, the MOTION CARRIED 4 to 0. Commissioner Boseman was absent
when the vote was taken.
NON - AGENDA ITEMS
Chairman Davis 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
Discussion of the Consolidation Process
Commissioner Caster commented on the memorandum from Chairman Davis regarding consolidation and
asked if he had received a response from the members of the Board so this process can move forward.
Chairman Davis responded that he had received a response from all of the Commissioners, and requested
Commissioner Pritchett to meet with him so they could sit down and go over the suggestions and changes to the
proposed resolution.
Commissioner Pritchett agreed to meet with Chairman Davis when it was convenient for him.
BOOK 29
PAGE 201
Resignation of Spruill Thompson on the New Hanover Regional Medical Center Board of Trustees
Chairman Davis reported that Spruill Thompson has resigned from the Medical Center Board of Trustees
and stated that a request has been made to move forward with filling this vacancy. He requested direction from the
Board.
Commissioner Caster, the Commissioner representative, on the Medical Center Board of Trustees, spoke
on the need to train any person appointed to the Board of Trustees and suggested waiting until the other appointments
are made in September so the training can be scheduled at the same time for the new appointees.
The Board agreed to wait until September.
Discussion of a Letter Received from the Wilmington Housing Authority Regarding Newly Enforced Permit
and Fees
Chairman Davis advised that a letter had been received from Benjamin J. Quattlebaum, II, Executive
Director of the Wilmington Housing Authority, regarding a request for the Board to waive newly enforced permit
and inspections fees for construction work committed before April 1, 2002.
County Manager O'Neal advised that Staff would move forward with addressing this issue and report back
to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
MEETING RECESSED UNTIL TUESDAY, MAY 21, 2002
Chairman Davis requested a motion to recess until 2:00 P.M. on Tuesday, May 21, 2002, to discuss the
status of the New Hanover County Administration Annex Building and consider the relocation of Annex Staff to
the third floor of the Main Library.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to recess the meeting until
Tuesday, May 21, 2002, at 2:00 P.M. in the Assembly Room of the New Hanover County Courthouse. Upon vote,
the MOTION CARRIED 4 to 0. Commissioner Boseman was absent.
Chairman Davis adjourned the meeting at 5:30 P.M.
CONTINUED MEETING OF MAY 20, 2002
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board
BOOK 29
PAGE 202
ASSEMBLY
The New Hanover County Board of Commissioners met in a continued meeting of the May 20, 2002,
meeting on Tuesday, May 21, 2002, at 2:00 P.M. in the Assembly Room of the New Hanover County Courthouse,
24 North Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr.; Vice - Chairman Robert G. Greer; Commissioner Julia
Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O'Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the May 20, 2002 Regular Meeting back to order and reported that the Board
recessed the meeting until 2:00 P.M. on May 21, 2002, to continue discussion on the possibility of relocating
employees in the Annex Administration Building to the third floor of the Main Library. He advised that Staff was
given the following directives:
• Furnish figures on the costs involved with moving employees from the Annex Administration Building to
the third floor of the Main Library.
• Prepare a plan showing how the annex employees will be located on the third floor and meet with Friends
of the Library and other interested parties to review the plan.
• Ensure the Friends of the Library and other interested parties that the North Carolina Room will be enlarged
as proposed in the original plan and remain on the second floor.
• Locate the Computer Room on the second floor instead of the third floor.
• Move 800 feet of administrative space currently located on the second floor to the third floor
• Investigate the possibility of leasing or purchasing a new building which will require a Closed Session at
the end of the meeting.
County Manager O'Neal reported that a meeting was held with representatives of the Library Advisory
Board, Friends of the Library, and other interested parties. He advised that adjustments have been made in the use
of the space to better accommodate the needs of the Library and requested Mr. Rick Collins of Sharpe Architect to
present a sketch of the revised plan.
Mr. Rick Collins presented a sketch of the first floor and reported that the circulation desk will be reworked
to gain some efficiency and an existing wall will be removed to use the back area for technical services, which was
originally located on the third floor. The North Carolina Room on the second floor will remain as originally
designed with a small amount of workroom space lost. Space has been altered by removing partitions to provide
adequate space for the Learning Readers Room and Children's Story Room. The office for the Children's Library,
which was to be originally removed, will remain in the same space. Some space from the large Audio Visual area
will be used for the Computer Room and can easily accommodate both uses.
Approximately 200 linear feet of partition and 10 doors have been added to the third floor to subdivide the
existing space without a great deal of work having to be performed to move the employees from the Annex
Administration Building and provide the necessary space for the Library Administration. The space will
accommodate four private offices, a conference room, and large administrative assistant area in the front. Discussion
has been held about not relocating the Parks Department to the third floor which will provide space for Friends of
the Library. Sections were shown where the Water and Sewer Division, Planning Department, Inspections
Department, and Engineering Department will be located.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
BOOK 29
PAGE 203
In concluding the presentation, Mr. Collins stated that adequate space was available to accommodate the needs
of the Main Library and move employees from the Annex Administration Building to third floor with a minimal amount
of work. He offered to answer questions.
Chairman Davis asked Mr. Collins if the firm had an opportunity to investigate the possible use of the basement
in the Library.
Mr. Collins responded that previously the firm looked at the basement and found that safety code issues had to
be addressed such as increasing the number of exits, provision of fire sprinklers for the area, and the use of fire separators
between the upper floors and lower floor. These are cost intensive modifications that will have to be made before the
space can be used for offices. The estimated cost for these modifications ranges from $2 million to $3 million. This space
has historically been used for storage, which is currently a code violation. Staff is in the process of relocating all stored
materials out of the basement. Pursuant to the fire code, some limited storage will remain.
County Manager O'Neal reported that the Parks Department and Fire Services Division will be moved to another
location which will free up additional space for Library needs on the third floor of the Library.
Chairman Davis requested Project Engineer Greg Thompson to make a presentation on costs involved with the
move of employees from the Annex Administration Building to the third floor of the Main Library.
Project Engineer Thompson presented a spreadsheet on costs involved with the move to the Library showing the
costs of adding 200 linear feet of partitions and 10 doors, cabinet modifications on the second and third floor, additional
phone service for 70 employees on the third floor at a cost of $109,650 plus $200,000 for an emergency power for total
cost of $309,650.
Chairman Davis asked if any other costs would be involved.
Vice - Chairman Greer reminded the Board that the relocation of employees from the Annex Administration
Building to the Library is a temporary move, which means that costs will be involved with readjusting the space for the
Library when the employees are moved to a permanent location.
Mr. Collins agreed with Vice - Chairman Greer and stated that costs will be involved with modifying the space
for Library use.
Discussion followed on the contingency fund from the Parking Deck and third floor renovation of the Library.
County Manager O'Neal advised that the current figure for the contingency on the Library project is
$643,156 and the current contingency on the Parking Deck project is $1,710,662; however, these projects are not
finished.
A lengthy discussion was held on the cost to demolish or renovate the Annex Building. Mr. Collins advised
that the structure of the building was stable; however, the entire building would have to be renovated at a significant
cost and it would still be a 50 year old building.
Further discussion was held on relocating the departments of the Annex Administration Building to another
site. Project Engineer Thompson advised that leasing an 18,000 square foot building at $14 per square would cost
$252,000 per year plus $35 per square foot to up -fit the space to accommodate the functions of the various
departments. He also noted that leasing space will not resolve what should be done with the Annex Administration
B uilding.
Vice - Chairman Greer suggested selling the Annex Administration Building to generate revenue. He stated
that the building and lot could be sold, or the building could be demolished and the lot sold. After further discussion,
the Board agreed that consideration should be given to selling the Annex Administration Building.
After hearing no further questions from the Board, Chairman Davis advised that he unintentionally did not
allow Mr. Don Blake to comment when he had signed up to speak at the meeting on Monday.
Mr. Don Blake, a former County Commissioner and local historian, presented background information on
the growth of the Library and stated that when the former Belk Building was converted to the Main Library, the
community was proud of this new facility. The Library under the leadership of its director, David Paynter, has
continued to grow and extra space is needed at this time. He urged the Board to allow the original plan to remain
in place and provide the space need for the Library. Books are the most important educational tool that can be
provided to our children and the community.
Vice - Chairman Greer presented background information on why the Board decided to renovate the third
floor of the Library to meet current needs and construct an adjacent Parking Deck to accommodate parking for the
Judicial Building expansion as well as the Library. Meetings were held with various groups including the Friends
of the Library and Library Advisory Board. A tremendous amount of time and effort has been spent by these
interested parties in deciding how the space on the third floor should be used. Now, at the last minute, the Board
may decide to change the use of this space to accommodate other County functions, which will not be compatible
with Library functions. He urged the Board to allow the original plan to remain in place and find another alternative
to resolve the problem at the Annex Administration .
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 20, 2002 AND
CONTINUED MEETING, MAY 21, 2002
building.
On behalf of the Board, Chairman Davis expressed appreciation to Staff for preparing the information
presented on such short notice.
Chairman Davis stated for the record, Commissioner Boseman had to leave the meeting at 3:05 P.M.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION
Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143- 381.11(a)(5)
to instruct the public body's staff concerning the position to be taken by or on behalf of the County Commissioners
regarding the price and other material terms for potential acquisition, including the lease of real property.
Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to convene to Closed Session for the
purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened from Regular Session to Closed Session at 3:11 P.M.
BOOK 29
PAGE 204
Chairman Davis reconvened to Regular Session at 4:43 P.M. and reported that no action was taken by the
Board in the Closed Session. He asked if any Commissioner would like to make a motion concerning the relocation
of employees in the Annex Administration Building to the third floor of the Main Library.
Motion: Vice - Chairman Greer MOVED to allow plans for the Library to remain as originally planned so the Library
can utilize the space on the third floor and direct Staff to look for space to accommodate the employees in the Annex
Administration Building. THE MOTION FAILED due to the lack of a second.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to temporarily relocate the
employees from the Annex Administration Building to the third floor of the Main Library pursuant to the plan
submitted by Staff; if any non- designated or non- mandated funds become available in the future, these funds may
be designated to secure permanent space to relocate these employees; and direct Staff to continue to explore
opportunities for the County to purchase or lease space as a permanent location for these employees. Upon vote,
the motion carried 3 to 1. Vice - Chairman Greer voted in opposition and Commissioner Boseman was absent.
On behalf of the Board, Chairman Davis expressed appreciation to members of the Library Advisory Board,
Friends of the Library and other interested citizens for taking time to attend the meeting. He stated that the Board
will move forward as quickly as possible to find a permanent location for the relocated employees.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion: Vice - Chairman Greer MOVED, SECONDED by Commissioner Pritchett to adjourn. Upon vote, the
MOTION CARRIED 4 to 0.
Chairman Davis adjourned the meeting at 5:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board