2001-02-19 Regular Meeting
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 440
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 19, 2001, 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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag
REGULAR ITEMS 5, 7, AND 8 TABLED
Chairman Davis announced that Mr. Greg Walker, Executive Director of Cape Fear Resource
Conservation and Development, Inc., had contacted County Manager O’Neal to reschedule the status
report to another meeting date.
County Manager O’Neal requested the Board to table Items 7 and 8 regarding the Mason
Inlet Relocation Project until March 12, 2001, to allow more time for Staff to work with the Corps
of Engineers on the permitting process.
A lengthy discussion followed on the time frame of the project. Assistant County Manager
Dave Weaver advised that when the bid is awarded it will take two weeks for the County to
negotiate the actual contract with the company. Once this step is completed, the County will provide
a Notice to Proceed and another week or two will be required for the contractor to mobilize the
equipment. If a permitting decision is received to begin work April 15, Staff wants to be in the
position to start the project on that date. The County has two weeks to award the bid.
Vice-Chairman Greer referenced the fact that the bid was opened on February 14, 2001 before
the Work Session held on February 15, and he asked if the contract included a 90-day extension.
Project Engineer Greg Thompson explained that the contract did not automatically include
a 90 day extension but stated an agreement could be negotiated with the contractor to extend the time
frame. Staff feels the permitting conditions need to be known before approving the final contract.
Vice-Chairman Greer asked why Item 7 had been placed on the Regular Agenda when the
Board had already authorized Staff to proceed with the permitting process.
Assistant County Manager Weaver explained that when this item was placed on the Regular
Agenda, Staff felt that sufficient permitting information would be available for the County to know
what maintenance would be required by the Corps of Engineers if shoaling should occur in the
Intracoastal Waterway. Without knowing the cost and requirements that could be involved with
maintenance, it was felt these items should be delayed.
Chairman Davis referenced the Work Session held on Thursday and expressed concern for
waiting until the meeting to remove these items from the agenda, particularly when a number of
concerned citizens have come to the meeting to see if a final decision will be made on the inlet
relocation project.
Commissioner Boseman expressed appreciation to Staff for requesting a delay in the bid
award if all permitting issues were not resolved.
Consensus:
After further discussion, it was the consensus of the Board to table Items 5, 7, and 8 on
the Regular Agenda until the next meeting scheduled for March 12, 2001.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 441
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to withdraw or discuss an item
on the Consent Agenda.
Commissioner Caster requested discussion of Items 5, 7, and 17.
Vice-Chairman Greer requested discussion of Items 3, 4, 6, 11, and 16.
Commissioner Boseman requested discussion of Item 10.
Discussion of Consent Agenda Item 10, Release of Taxes Barred by N.C.G.S. 105-378
Commissioner Boseman asked County Attorney Copley if there was a way to collect the taxes
after ten years.
County Attorney Copley explained that without liens on the property, the taxes could not be
collected.
Discussion of Consent Agenda Item 6 Regarding the Capital Project Ordinance for the Public
School Building Capital Fund
Vice-Chairman Greer requested an explanation of why the Capital Project Ordinance was
being established.
Finance Director Bruce Shell explained that funding is set aside for the School System to use
for capital projects. In the past, this money has been blended into bond proceeds, which enables the
School System to use this funding subject to the required match. It has been found that to spend the
money and then apply to the State for reimbursement is the most efficient way to use the money. The
State is now asking questions about whether the money set aside has been spent. With the State
budget shortfall, Staff feels this money should be locked in for the School System to prevent these
funds from becoming part of the State freeze on funding. After discussion with the School Finance
Officer, it was decided to establish a separate capital project to avoid confusing these funds with
funds that have to be tracked for arbitrage purposes. The School System has $3,000,000 budgeted
to meet the required match to receive $4,300,000 in State funding. The $7,300,000 will be used to
improve seven schools.
Discussion was held on whether the County was in danger of not receiving State
reimbursement. Finance Director Shell responded that in early discussions, Staff felt sure the funds
would be reimbursed; however, with the State freeze, the funding may not be received. When the
State contacted the Finance Office to see if the County had plans for use of the money, the State was
informed that the funds would be used for specific school projects. The next question asked by the
State was to clarify how the money would be spent. The establishment of a Capital Project Ordinance
will specify how the money will be expended to improve seven schools, which will hopefully lock in
the reimbursement.
Vice-Chairman Greer expressed appreciation to Finance Director Shell for the explanation.
Discussion of Consent Agenda Item 7 Regarding the Transfer of Water Sampling Project
Funds to the Mosquito Control Program
Commissioner Caster referenced the two positions to be funded from revenue received from
the N. C. Department of Environmental Health and Natural Resources to fund a Management
Support Technician and Environmental Health Specialist and asked if these funds would be used to
purchase equipment for the Mosquito Control Program and if funding would be received in FY 2001-
2002 to fund the two positions.
Environmental Health Director Dianne Harvell explained that the Environmental Health
Division of the Health Department contracted with N. C. Department of Environmental Health and
Natural Resources to conduct a water sampling project last year. As a result of this project, the
Water Sampling Staff earned $63,000 in additional revenue from the State to hire a Management
Support Technician and an Environmental Health Specialist for one year. The effort to recruit an
Environmental Health Specialist was unsuccessful; therefore, funds are available in the amount of
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 442
$35,240 to spend on other needs. After a review of the department, it was determined that Vector
Control was badly in need of new mosquito spray machines and insecticide. It is also felt that no
funding will be received from the State in FY 2001-2002 to hire an Environmental Health Specialist.
Chairman Davis expressed appreciation to Ms. Harvell for the explanation.
Discussion of Consent Agenda Item 11 Regarding the Financial Forecast of Merging the
County and City Water and Sewer Systems
Vice-Chairman Greer referenced the first bullet on Page 115 and asked if five years was
sufficient time to determine the cost of merging the two water and sewer systems because of
additional expenses that could be incurred with payment of debt.
County Manager O’Neal agreed with Vice-Chairman Greer and suggested conducting
forecasts in 5-year increments out to 20 years in order to more accurately predict the financial analysis
of merging water and sewer services.
Vice-Chairman Greer agreed and requested the motion for approval of the Consent Agenda
to include this additional wording.
Discussion of Consent Agenda Item #16 Regarding Adopting Goals for FY 2001-2002 Budget
Vice-Chairman Greer spoke on agreeing with the proposed goals but expressed concern for
the items under each goal that may not be achieved during the next fiscal year. He suggested
adopting the goals with removal of the bullets.
Commissioner Caster noted that having goals without a way to achieve each goal would not
provide much direction to Staff.
County Manager O’Neal assured the Board that Staff would be reasonable about the goals
under the existing financial constraints.
Discussion of Consent Agenda Item 17 Regarding Denial of Funding for NACVSO
Commissioner Caster requested an explanation of why this item was being denied.
County Manager O’Neal responded that he did not have authority to approve a contribution
of $2,000 for the first N. C. Association of County Veterans Service Officers Conference to be held
in Cabarrus/Mecklenburg County. He stated that under normal circumstances, the Board might want
to approve the request; however, with recent State funding cuts in the current fiscal year, he felt this
funding request should be denied.
There being no further discussion, Chairman Davis called for a vote to approve the Consent
Agenda with removal of Consent Agenda Items 3, 4, and 5 for separate motions as requested by
Vice-Chairman Greer.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to remove Consent
Agenda Items 3, 4, and 5 for separate action by the Board and to approve the remaining items on the
Consent Agenda with an amendment to Item 11 to state that the financial forecast for a combined
City and County water and sewer utility will be conducted in 5-year increments for a period of 20
years. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Special Meeting with City CouncilJanuary 22, 2001
Budget RetreatJanuary 26, 2001
Regular MeetingFebruary 5, 2001
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 443
Acceptance of Funding from New Hanover County Master Gardeners Association and
Approval of Associated Budget Amendment #01-0125
The Commissioners accepted funding and approved the associated budget amendment in the
amount of $10,000 from the Master Gardeners Association to continue to fund the Master Gardener
Program Assistant position. No additional County or State funding is required.
BUDGET AMENDMENT #01-0125-Cooperative Extension Service
ADJUSTMENTDEBITCREDIT
Master Gardeners' Association Grant$10,000
Temporary Salaries$9,290
FICA$ 710
Explanation
: To increase the budget for additional funds from the New Hanover County Master
Gardeners Association to continue funding the Master Gardener Program Assistant position.
Adoption of Capital Project Ordinance and Approval of Associated Budget Amendment
#2001-29 to Establish the Budget for the Public School Building
The Commissioners adopted a Capital Project Ordinance and approved the associated budget
amendment in the amount of $4,280,980 to establish the budget for the Public School Building
Capital Fund Project. These funds represent improvements to seven schools throughout the County.
The Schools will match the $4.3 million of State funds with $3 million of School funds to complete
the $7.3 million improvements, which should be completed by December, 2001.
BUDGET AMENDMENT #2001-29-Public School Building Capital Fund
ADJUSTMENTDEBITCREDIT
Public School Building Capital Fund$4,280,980
Capital Project Expense$4,280,980
Explanation:
To establish budget according to Capital Project Ordinance.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXVI, Page 28.
Approval of Budget Amendment #01-0130 - Health Department, Environmental Health to
Transfer Water Sampling Project Funds from Salary to Operating/Capital
The Commissioners approved Budget Amendment #01-0130 to transfer Water Sampling
Project funds from Salary to Operating/Capital in the Environmental Health Division of the New
Hanover County Health Department to the Vector Control Program in the amount of $35,240 for
the purchase of mosquito spray machines, insecticide, and GIS computer software.
BUDGET AMENDMENT #01-0130-Public Health/Vector Control/Administration Health
Environmental Health
ADJUSTMENTDEBITCREDIT
Public Health:
Environmental Health:
Salaries and Wages$35,240
Vector Control:
Departmental Supplies$ 6,800
Capital Outlay - Equipment$26,940
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 444
Administration - Health:
Computer Expenses$ 1,500
Explanation:
To transfer unspent Water Sampling Project funds (due to the unsuccessful
recruitment of an Environmental Health Specialist) into Vector Control operating expenses. An
amount of $35,240 has been approved by the New Hanover County Board of Health and will be used
for the purchase of mosquito spray machines ($26,940), insecticide ($6,800), and computer software
($1,500).
Approval for Disposal of Old Jury Cards
The Commissioners approved a request from the Register of Deeds Office to dispose of two
boxes of jury cards from 1993 and one box from 1994, 1995, 1996, 1997 and 1998 in accordance
with NCGS 9-7.
Release of Values - Tax Department
The Commissioners approved the release of a late listing penalty for the following taxpayer
as it was the taxpayer’s first offense:
Hunt, John K. Gail A.$ 7.91
The Commissioners approved the delinquent application for exemption from property tax for
the following organization:
Kelly’s Chapel African Methodist Episcopal Church R05413-033-019-000
R05413-018-010-000
Release of Taxes Barred by N.C.G.S 105-378
The Commissioners approved release of taxes barred by N.C.G.S. 105-378, which does not
allow forced collection of any taxes after ten years from the date due, for the following 1990 charges:
New Hanover County$152,059.98
Fire District$ 4,505.85
City of Wilmington$ 45,016.49
City of Wilmington License Tax$ 8,321.58
Wrightsville Beach$ 6,582.58
Carolina Beach$ 6,884.22
Kure Beach$ 649.45
__________
Total$224,020.15
These uncollected amounts are .40% of the combined tax levies for the County and the
municipalities charged in 1990 in the amount of $54,162,399.28. A total of 413 accounts amount
to $100 or more.
Authorization for the City and County to Conduct a Financial Forecast for Combining Water
and Sewer Services
The Commissioners authorized County Staff to work with City Staff in conducting a financial
forecast to combine water and sewer services. Under bullet one, the statement is to be amended to
state that a financial forecast will be conducted in 5-year increments for a period of 20 years.
Acceptance of Tax Collection Reports Through January 31, 2001
The Commissioners accepted the following Tax Collection Reports through January 31, 2001,
as submitted by the Collector of the Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXVI, Page 28.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 445
Approval of Hiring the Law Firm of LeBoeuf, Lamb, Greene and MacRae (LLG&M) as Bond
Counsel
The County approved the recommendation from the County Attorney and Finance Director
to hire the law firm of LeBoeuf, Lamb, Greene and MacRae as Bond Counsel for bond issues and
other financing issues.
Approval of Budget Amendment #01-0131-Social Services/DSS-Administration/Crisis
Intervention Program/Child Day Care
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative Grants$ 92,540
Crisis Intervention Program:
Assistance Payments$ 92,540
Child Day Care:
DSS/Smart Start Child Day Care$110,000
DSS/Smart Start Child Day Care$110,000
Explanation:
To budget additional Federal moneys received for the Crisis Intervention Program
($92,540) and additional State dollars for the Smart Start Day Care Program ($110,000). No County
funds are required.
Adoption of Resolution to Add Corum Lane to the N.C. Highway System
The Commissioners adopted a resolution to add Corum Lane to the N.C. Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
Approval of Goals for Fiscal Year 2001-2002 Budget
The Commissioners approved the following goals to be included in the budget for
FY 2001-2002:
To provide a safe community to all citizens of New Hanover County
:
(1)Provide effective and professional leadership during times of natural and man-made
disasters.
(2)Work toward reducing the level of crime and improving the community security level.
(3)Provide an efficient and effective emergency communication system.
To continue investing in electronic technology (Internet and Intranet) for the efficient
facilitation of County business:
(1)Enhance the County’s technology resources to provide greater public access, efficient
internal operations, and improved electronic communication and payment systems.
(2)Use the Internet and GIS resources for disaster planning and response.
To protect the environment and the quality of life enjoyed by New Hanover County
citizens
:
(1)Address air and water quality, storm water management, and drainage.
(2)Reduce risks of hazards through mitigation efforts.
(3)Implement the Comprehensive Plan Land Use Policies for Growth and Development
effectively.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 446
(4)Support an efficient waste reduction system.
(5)Concentrate on the infrastructure and operational requirements of the Enterprise
Funds. The Water & Sewer and Environmental Management operations should meet
the growth needs of the County.
To ensure the health and welfare of all County citizens:
(1)Improve access to health care, increase preventive services, and reduce lifestyle
related risks.
(2)Provide low cost transportation services, nutritional meals, and other outreach
services to the elderly and frail population.
(3)Enhance welfare reform by continuing to move clients toward self-sufficiency.
To ensure equality of all citizens:
(1)Conduct fair and honest elections.
(2)Promote fair treatment and equal access in employment, housing, and economic
development.
(3)Improve the quality of affordable housing through rehabilitation and loans to low and
moderate income households.
To ensure and encourage prompt, courteous, and professional services from all County
employees:
(1)Offer training opportunities for employees.
(2)Provide a safe working environment.
(3)Adopt a pay philosophy and strategy that will ensure market competitiveness in
recruitment and retention of qualified employees in the current economy.
To provide for the recreational, educational, and cultural needs of the community:
(1)Continue to develop Airlie Gardens, Veterans Park, and other park facilities.
(2)Support the literary needs of citizens through the Main Library and its branches.
(3)Preserve the history of New Hanover County by supporting the Cape Fear Museum.
(4)Incorporate the multi-year Capital Improvement Program as an integral part of the
annual budget process.
(5) Improve communication and planning efforts with the Board of Education concerning
school funding.
To ensure the financial stability and legal protection of the County:
(1)Maintain a strong undesignated, unreserved fund balance to at least 16.7 percent of the
total General Fund Budget in an effort to maintain adequate reserves and the highest
possible bond rating.
(2)Maintain and improve the current bond rating with Moody’s and Standard and Poor’s.
(3)Achieve a 98 percent collection rate of ad valorem taxes.
(4)Minimize litigation against the County and maximize legal documents that ensure the
County’s protection and legal well being.
(5)Enforce State and County code provisions.
(6)Keep the tax rate as low as possible while providing the essential services to the
citizens of the County.
Denial of Funding Request Submitted by the N. C. Association of County Veterans Service
Officers (NACVSO
)
Due to the shortfall in the fiscal year budget, the Commissioners denied a funding request in
the amount of $2,000 submitted by N. C. Association of County Veterans Service Officers to sponsor
the first NACVSO Conference in Carbarrus/Mecklenburg County.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 447
Approval of Advertisement of Tax Liens on Real Property
The Commissioners approved the advertisement of tax liens to be published on April 25, 2001
for all delinquent 2000 real estate accounts not paid by 5:00 p.m. on Monday, April 16, 2001. The
outstanding amounts as of January 31, 2001 are listed as follows:
Governing JurisdictionDelinquent Taxes
New Hanover County$4,989,131.48
New Hanover County Fire District$ 129,792.81
City of Wilmington$1,718,712.81
Town of Wrightsville Beach$ 69,358.28
Town of Carolina Beach$ 231,677.12
Town of Kure Beach$ 45,667.91
___________
Total-All Jurisdictions$7,184,340.41
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEMS 3, 4, AND 5
REGARDING EQUIPMENT PURCHASES FOR THE WASTEC FACILITY AND NEW
HANOVER COUNTY LANDFILL
Vice-Chairman Greer commented on the shortfall for the next budget year and he asked if the
replacement grate parts, four wheel loader, and compactor totaling approximately $1,000,000 could
be delayed until a later date.
County Manager O’Neal responded that all pieces of equipment were budgeted and badly
needed at the WASTEC Facility and Landfill. He requested the Board to approve the purchases to
prevent costly maintenance at a later date.
Vice-Chairman Greer referenced the contract for the purchase of a compactor at the Landfill
and requested an explanation of why the buy-back price of $85,000 was subtracted from the purchase
price.
Director of Environmental Management Ray Church explained that typically after five years,
the old compactor is not traded in when purchasing a new compactor because it can be used as a back
up; however, if the County should decide to trade in the compactor during the five year period, the
County would be guaranteed a trade-in value of $85,000.
Vice-Chairman Greer requested an explanation of the total purchase price.
Finance Director Bruce Shell responded that the $85,000 would be added back to the purchase
price for a total cost of $539,110. The resolution is written to protect the County if the
Environmental Management Department should decide to trade-in the equipment before five years.
Vice-Chairman Greer referenced the funding sources for the pieces of equipment and asked
why the account numbers were different.
Finance Director Shell explained that funding for the compactor was being paid from Capital
Outlay and funding for the replacement grate parts and four wheel drive loader for WASTEC were
being paid from Maintenance and Repair.
Chairman Davis stated that he understood why Vice-Chairman Greer was concerned about a
purchase of $1,000,000 with a bleak forecast for the upcoming budget, and he asked Environmental
Director Church if it was possible to delay the equipment purchases.
Director Church responded that in order to continue to operate WASTEC and the Landfill,
the equipment purchases are needed as soon as possible. Currently, the cost per acre to line the
bottom of the Landfill is $300,000; therefore, the compactor saves a great deal of landfill space and
money.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 448
Chairman Davis requested a brief report on the progress being made with implementing a plan
similar to the Charleston Plan.
Director Church responded that a recommendation for implementing a user fee system for
solid waste disposal will be presented to the Board on March 26, 2001. A Work Session is scheduled
th
on March 22, 2001, for the Board to discuss the recommendation before the meeting on the 26.
Chairman Davis asked if the Work Session would include discussion on whether to keep the
incinerator open or consider another mechanism for waste disposal.
Commissioner Pritchett responded that as a member of the Solid Waste Advisory Board, she
could assure the Commissioners that closing the WASTEC Facility was not on the agenda.
Chairman Davis explained that in the past before Commissioner Boseman and Commissioner
Pritchett became members of the Board, hours of discussion occurred on whether to close or allow
the WASTEC Facility to remain open. He stressed the importance of having open discussion on this
issue in order to keep an objective perspective.
There being no further comments, Chairman Davis called for a motion to approve or
disapprove Consent Agenda Item 3.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a
resolution to award Bid #01-0231 and Contract #01-0231 to Cast Steel Products, the low bidder, in
the amount of $53,960 to purchase replacement grate parts for the WASTEC Facility. The Chairman
was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED
by a 4 to 1 vote as follows:
Voting Aye:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Voting No:Vice-Chairman Greer
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
A copy of the contract is on file in the Legal Department.
Chairman Davis called for a motion to approve or disapprove Consent Agenda Item 4.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a
resolution to award Bid #01-0127 and approve Contract #01-0127 with R.W. Moore Equipment
Company, Inc., the low bidder, in the amount of $232,654 for the purchase of a four wheel drive
loader for the WASTEC Facility. The Chairman was authorized to execute the contract documents.
Chairman Davis again referenced the restraints on the upcoming budget process and he asked
Director Church if the loader was absolutely necessary at this time.
Director Church responded that the four wheel loader was essential to move the ash from the
incinerator. Without removal of the ash, the incinerator cannot continue to burn trash. The current
loader was purchased in 1986 and must be replaced.
Chairman Davis called for a vote on the motion to adopt the resolution to purchase the four
wheel loader. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Chairman Davis
Commissioner Boseman
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 449
Commissioner Caster
Commissioner Pritchett
Voting No:Vice-Chairman Greer
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
A copy of the contract is on file in the Legal Department.
Chairman Davis called for a motion to approve or disapprove Consent Agenda Item 5.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a
resolution to award Bid #01-0128 and approve Contract #01-0128 to Gregory Poole Equipment
Company, the only responsible bidder, in the amount of $454,110 for the purchase of a compactor
for the Landfill. The Chairman was authorized to execute the necessary contract documents. Upon
vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Voting No:Vice-Chairman Greer
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 28.
A copy of the contract is on file in the Legal Department.
Chairman Davis spoke on the items just approved and he requested County Manager O’Neal
to place any future items with large purchase prices on the Regular Agenda instead of the Consent
Agenda.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal announced that in an effort to provide an option to employees with
15 or more years of service, a certificate would be presented to each employee in this category to
allow that individual to select a service award from a variety of items. Staff in the Human Resources
Department will assist each employee with redeeming the certificate.
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Thomas S. NolanTax Department 5 years
Lawrence BullockProperty Management 5 years
Gregory L. KennedyAging Department 5 years
Jennifer S. AshlockCape Fear Museum 5 years
Christine B. McNameeSocial Services10 years
Caroline B. EisensteinLibrary10 years
Howard W. WilliamsProperty Management15 years
John DavisHuman Relations20 years
On behalf of the Board, Chairman Davis presented service awards to the employees and
expressed appreciation to them for their years of dedicated service.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized.
Felicia Moore, Health Department
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 450
Linda Wright, Health Department
Katharine Albertson, Cape Fear Museum
John Leatherwod, Sheriff’s Department
Laurie Ennis, Sheriff’s Department
Arielle Utley, Health Department
Panza McNeill, Health Department
Amy Leggett, Health Department
Doris Jean McArthur, Department of Social Services
On behalf of the Board, Chairman Davis welcomed the new employees to County government
and wished them well in their new positions.
PRESENTATION OF STORM READY AWARD BY THE NATIONAL WEATHER
SERVICE
Emergency Management Director Dan Summers introduced Mr. Tom Matheson and Mr.
Richard Anderson, Meteorologists at the National Weather Service.
Mr. Tom Matheson presented special recognition to New Hanover County for receiving a
Storm Ready Community Award from the U.S. Department of Commerce, NOAA and National
Weather Service. As a Storm Ready County, New Hanover County is authorized to use the Storm
Ready logo in official letterheads, brochures and other documents. The County is also authorized
to make additional street signs like those provided by the National Weather Service. In order to
receive a Storm Ready Community Award, the following requirements must be met:
1.A 24-hour warning point must be in place.
2.An Emergency Operations Center must be located in the county.
3.There must be four ways to provide weather information from the National Weather Service.
New Hanover County has 12 ways to provide this information.
4.There must be four ways to monitor weather conditions around the county. New Hanover
County has seventeen sensors in the county that were established by volunteers working with
the Emergency Management Department.
5. There must be four ways to disseminate warnings issued by the local weather service. New
Hanover County has six ways to broadcast warnings.
6. A weather radio must be located in all public facilities. New Hanover County has radios in all
public buildings and school buildings.
7. Four weather safety preparedness courses must be offered in the community per year. New
Hanover County offers 50 weather safety preparedness courses.
In closing, Mr. Matheson advised that New Hanover County was storm ready and it far
exceeded other local governments throughout the nation.
Meteorologist Charles Richard Anderson presented a letter and Certificate of Recognition to
Mr. Dan Summers, Director of the Emergency Management Department, for the leadership and
vision provided to become a Storm Ready County.
Director Summers expressed appreciation to the Board for the on-going support of the
Emergency Management Program. He also expressed appreciation for the volunteer support given
by the different agencies throughout the community.
On behalf of the Board, Chairman Davis expressed appreciation to Director Summers for the
excellent job in carrying our emergency procedures for New Hanover County.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 451
Commissioner Pritchett also expressed appreciation to Director Summers for his outstanding
leadership in developing emergency plans that have received national recognition.
PRESENTATION OF 2000 OUTSTANDING PROGRAM AWARD “CONSTRUCTED
WETLANDS TREATMENT OF LEACHATE FIELD” BY THE NORTH CAROLINA
ASSOCIATION OF COUNTY COMMISSIONERS ( NCACC
)
Ms. Gayle Butsgy, representing the NCACC, presented a 2000 Outstanding County Program
Award to New Hanover County for the Constructed Wetlands Treatment of Landfill Leachate
Program in the category of general government. Each year twelve awards are presented by NCACC
to acknowledge superior, high quality programs in counties. From 1994 to 1999, the New Hanover
County Department of Environmental Management in conjunction with N. C. State University and
Sea Grant conducted a pilot study in which constructed wetlands were used to treat liquid leachate
from the landfill. That pilot study and another study confirmed that surface flow type constructed
wetlands are effective in removing certain pollutants from leachate, and plans are underway to
construct a full-scale wetlands for treatment of landfill leachate. This project will allow New Hanover
County to reduce and eventually eliminate its discharge of treated leachate into the Northeast Cape
Fear River. It is hoped this program will be replicated by several other counties in coastal North
Carolina.
Ms. Butsgy also recognized Mr. Paul Marrow, Environmental Programs Manager for the
Department of Environmental Management, and presented him with a Certificate of the 2000
Outstanding County Program Award.
Commissioner Pritchett emphasized the importance of the Constructed Wetlands Treatment
of Landfill Leachate project that will eventually eliminate the discharge of treated leachate into the
Northeast Cape Fear River and said everyone should recognize the value of this program. She also
recognized Mr. Sam Hawes, an Environmental Technician at the Department of Environmental
Management, for performing the field and ground work for the project.
On behalf of the Board, Chairman Davis commended the Department of Environmental
Management and Director Ray Church for bringing this outstanding recognition to New Hanover
County.
A round of applause was given to the Department of Environmental Management.
APPROVAL OF FUNDING POLICY FOR BEACH RE-NOURISHMENT PROJECTS
Chairman Davis recognized and welcomed Mayor Betty Medlin, Town of Kure Beach; Mayor
Ray Rothrock, Town of Carolina Beach; and Mayor Avery Roberts, Town of Wrightsville Beach.
County Manager O’Neal advised that the purpose of this item was to clearly establish the
County match for future beach renourishment projects. At the December 18, 2000 meeting, the
Board approved County funding, not to exceed $820,000 for current re-nourishment projects at
Carolina Beach and Kure Beach. The State of North Carolina reduced its funding for the projects,
and Carolina Beach and Kure Beach requested that the non-State portion be paid entirely by the
County. It was unclear at the meeting whether the Board intended to continue to pay the local match
for future beach renourishment projects.
Vice-Chairman Greer advised that he felt the beach communities would like for the County to
pay the local match for future beach renourishment projects; therefore, he was prepared to make this
commitment since room occupancy tax funds can be used for this purpose.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to establish a policy
whereby New Hanover County will not require a local match from the beach communities for future
beach renourishment projects.
Commissioner Pritchett requested Vice-Chairman Greer to amend the motion to add a clause
that will require review of the policy in 5-year cycles in case changes occur in the future.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 452
Amended Motion:
Vice-Chairman Greer AMENDED THE MOTION, seconded by Commissioner
Caster, to establish a policy whereby New Hanover County will not require a local match from the
beach communities for future beach renourishment projects and to require a review of the policy in
five-year cycles.
Chairman Davis spoke on being supportive of the beach communities, particularly since he
grew up at Wrightsville Beach, but stated that he was concerned about what would happen if a
catastrophic event should occur and the money was needed in the room occupancy tax account.
Substitute Motion:
Chairman Davis MOVED to continue to address whether the local share of
beach renourishment projects should be paid by the County on a case-by-case basis. Due to the
LACK OF A SECOND, THE MOTION FAILED.
Chairman Davis called for a vote on the AMENDED MOTION. Upon vote, the MOTION
CARRIED by a 4 to 1 vote as follows:
Voting Aye:Vice-Chairman Greer
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Voting No:Chairman Davis
BREAK
Chairman Davis called a break from 10:05 A.M. until 10:30 A.M.
ADOPTION OF RESOLUTION SUPPORTING MODIFICATIONS OF PROPOSED
BUILDING CODE CHANGES
Inspections Director Jay Graham reported that the Wilmington-Cape Fear Home Builders
Association has requested the Board to consider the proposed resolution regarding the State of North
Carolina adopting the International Building Code. This is a nationwide effort to implement one
building code for the entire country. Currently, the N. C. Building Code Council is in the process of
modifying parts of the code to customize it for North Carolina. There is a topography map for wind
lines being made available nationwide by the International Building Code. The 130 mile per hour
contour wind line bisects New Hanover County with 55% of the county east of the line in the130 mile
per hour wind zone and the remaining 45% in the 120 mile per hour wind zone. The Residential
Committee of the North Carolina Building Code Council is recommending that all of New Hanover
County be considered as part of the 130 mile per hour wind zone.
The Wilmington-Cape Fear Home Builders Association has identified a line of demarcation that
will be in line with the 130 mile per hour contour line which basically follows Highway 17. The
Building Association is requesting the N. C. Building Code Council to adopt the line following
Highway 17. Hyde County and Pasquotank County have a similar line of demarcation to easily
identify where the 130 line contour bisects the county. The N. C. Building Code Council has
approved the line of demarcation for Hyde and Pasquotank Counties.
Mr. Warren Wakeland, Director of Governmental Affairs for the Wilmington-Cape Fear Home
Builders Association, explained that the code in place for New Hanover County applies the 110 mile
per hour wind zone east of the Intracoastal Waterway and 100 mile per hour wind zone for the
remaining part of the county. The proposed modifications to the Building Code would place all of
New Hanover County in the 130 mile per hour wind zone. This change will increase the cost of safe
and affordable housing for New Hanover County residents. Since there is a way to differentiate
between the two zones in New Hanover County, it would not be fair to place the entire county in the
130 mile per hour wind zone. The Wilmington-Cape Fear Builders Association is requesting the N.
C. Building Code Council to recognize the line of demarcation and exposure level for New Hanover
County based on wind speed and exposure data.
Mr. Rod Andrew, a local engineer, informed the Board that he was not speaking in favor or
in opposition to the proposed resolution, but he would like for the Board to table this issue because
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 453
during the past five years, the State of North Carolina has been in the process of modifying the State
Building Code and Residential Building Code to provide correct building standards for the entire
state. These changes have resulted in housing that can resist a Category 3 storm. Reaching this point
has been difficult but all parties involved feel the code is at the correct level. The wind speeds have
been changed to conform to the National Weather Service wind speed. North Carolina is fortunate
to have the N. C. Building Code Council that is composed of representatives from architect firms,
engineering firms, home building associations and other professionals in the building industry.
In closing, Mr. Andrew informed the Board that the hearing for the proposed changes in the
building code will be held on Thursday, February 22, 2001, at Atlantic Beach; therefore, it would be
premature for the Board of County Commissioners to approve the proposed resolution. Time should
be provided to allow the Residential Committee of the N. C. Building Code Council and the N. C.
Building Code Council to hold their hearing process with input from the home builders, engineers and
architects. He requested the Board to table this issue until after the hearing process has been
completed.
Commissioner Caster stated that he understood action would be taken at the meeting
scheduled on Thursday. Mr. Andrew responded that the proposed changes have just been received
by the members of the group; therefore, no action will be taken at the hearing, but public input will
be received and a decision will be made at a later date.
Vice-Chairman Greer asked Mr. Andrew if the County could inform the N. C. Building Code
Council that it is not right for the entire county to be placed under the 130 miles per hour wind zone.
Mr. Andrew responded that the key to the formula is not the wind speed, but the actual
pressure in the design of a home. Politics should be kept out of the building code issue because the
changes are based on facts, calculations, and research with no politics involved in the process. This
is why the State of North Carolina has an excellent building code. The County has a right to convey
to the N. C. Building Code Council the need to consider the Highway 17 option; however, the
hearing process should be held before action is taken by the Board of County Commissioners.
Mr. Buck O’Shields, President of the Wilmington-Cape Fear Home Builders Association,
reported that the information presented in the resolution represents the input from New Hanover
County. The resolution is requesting the N. C. Building Code Council to consider delineating in New
Hanover County where the enforcement of the new wind code should occur. All changes to the
building code in the last five years have involved the wind code and design pressure. These changes
are generated and pushed by the insurance industry and unfortunately politics has become involved
in the process. The Building Code Council is comprised of a group of hard working people including
home builders, but this is an autonomous committee that does not answer to anyone in the State of
North Carolina. Counties that are impacted by the proposed changes should have a right to
participate because these regulations do increase the cost of constructing a house. For example, a
hurricane tie-down clip can be purchased for 26 cents but special nails have to be placed in each clip.
A person has to be hired to install two clips on all rafters. This means that a 26 cent clip becomes an
$8 item that has to be multiplied by 300 resulting in an additional construction cost of $2,400.
Mr. O’Shields requested the Board to support the proposed resolution to request the N. C.
Building Code Council to concur with drawing a line of delineation in New Hanover County that can
be reasonably enforced.
Mr. Wakeland explained that on Thursday, the meeting is being called a Public Hearing;
however, this is a meeting of the Residential Committee of the N. C. Building Code Council which
has examined the changes. People from various groups will request the Residential Committee to
recommend changes to the Building Code Council on various aspects of the building code. After
hearing from the public, the Residential Committee will vote on whether or not to recommend the
proposed changes from the various groups to the N. C. Building Code Council. If the Residential
Committee is not on record as being supportive of a change, it is unlikely that the Building Code
Council will discuss the request in June. It is important for the resolution to be adopted so the New
Hanover County Board of Commissioners can submit its request for the change in the wind zones to
the Residential Committee.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 454
Commissioner Boseman asked if adoption of the resolution will cause a problem for citizens
purchasing homeowners insurance in New Hanover County.
Mr. Wakeland stated that in his opinion there should be no problem with citizens acquiring
homeowners insurance because the insurance industry is looking at the wind zone as defined in the
building code. New Hanover County will still comply to the building code; however, there is no way
to predict what changes could occur in the insurance industry.
Commissioner Caster asked if the resolution should include a recommendation where the
demarcation line should be drawn.
Mr. Wakeland responded that several options will be presented to the Residential Committee
based upon the exposure levels; therefore, it would be better not to list a specific option.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the
resolution as presented to be carried to the Residential Committee on Thursday, February 22, 2001,
at Atlantic Beach. 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 XXVI, Page 28.
APPEAL OF SUBDIVISION REQUEST
Planning Director Hayes explained that Mr. Bruce Jackson filed a subdivision appeal to a
decision made by the New Hanover County Planning Staff and stated this was not a Public Hearing.
He advised that the Board would have to render an administrative decision on whether to approve
or disapprove the subdivision.
Planning Director Hayes presented a map showing the cross-hatched areas of Lots 26 and 27
in Indian Cove Acres Subdivision when the original plat was recorded in Map Book 6, Page 45 of
the New Hanover County Registry in 1957 before zoning requirements were implemented in New
Hanover County. Since that time, an existing access easement of record running from Myrtle Grove
Road to Lots 26 and 27 is shown by the surveyor and confirmed by Staff as the principle means of
access. Two neighbors who have used the access easement for several years voiced concern about
additional parties (Lots 26 and 27) utilizing the private drive. Their objection is based upon the
requirement that no more than 3 lots can be served by an access easement in accordance with New
Hanover County Zoning regulations. A segment of Indian Cove Avenue could have provided access
to the two recombined lots since the late 1980's. Until recently, the records did not indicate that the
Indian Cove segment was closed by the County and tax documents indicated that the right-of-way
remains open.
Deputy County Attorney Kemp Burpeau has discussed the access issue with the two neighbors
who utilize the easement. He requested that a modified plat be submitted to provide additional access
to recombine the exiting lots. The owner of the lots, Mr. Bruce Jackson, has declined the request to
resubmit a plat. Building permits for both lots have been withheld based on the County’s
requirement that no more than 3 lots can be served by an easement, and as a result Mr. Jackson filed
an appeal.
Planning Dexter Hayes advised that one way to resolve the problem would be for the owner
to record the right-of-way and improve the road to a minimum standard.
Vice-Chairman Greer asked how a road dedication could be withdrawn.
Deputy County Manager Kemp Burpeau advised that two procedures can be used to withdraw
a road dedication: (1) a road closure or (2) filing a “Withdrawal of Notice of Dedication” in the
Register of Deeds Office. This process does not require a public hearing and the developer must
show that withdrawing the road will not land lock any surrounding properties. In the appeal being
considered, the road was never constructed in the 1950's; however, since the road is located in
wetlands, it might be difficult to obtain the necessary permits to construct a road.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 455
Chairman Davis asked if Mr. Bruce Jackson would like to speak.
Mr. Bruce Jackson, the appellant, reported that he purchased Lots 26 and 27 in 1957 as part
of the Indian Cove Subdivision. The road referred to as Indian Cove Avenue is now over grown by
trees at least 20 years of age. When the two lots were purchased, a small strip of non-buildable land
was included in the acquisition as well as the right to use the easement known as the Fred Spike
Road. Following the purchase, Mr. John Benson was hired to survey the lots and add old Indian
Cove Avenue on the north side of the property to increase the size of the lots. The lots were turned
around and a 30 foot access was drawn at the highest point of the lots. Mr. Jackson stated that when
he applied for a building permit to construct his home, the permit was denied because the easement
would serve more than three lots. Since these Indian Cove lots were in existence in 1957 before
zoning regulations were in place, the 3-lot regulation should not apply to Lots 26 and 27.
Chairman Davis asked Mr. Jackson if the two lots could be combined into one lot.
Mr. Jackson responded that the lots could be combined, but the lots are high valuable
waterfront property that would easily accommodate two nice homes. The present plan is to construct
his home on the lot located on the northern side. Mr. Fred Spike has indicated some interest in
purchasing the other lot, but no terms have been negotiated. If the County purchases the property
where Mr. Spike lives, the house would be torn down to avoid three residences using the road.
Discussion followed on whether the lots could be grandfathered-in since the zoning
regulations were not in place in 1957. Deputy County Attorney Burpeau explained that a notice was
issued to Mr. Jackson informing him that more than three houses were using the road. The response
from Mr. Jackson was that existing lots of record were exempt. Legally, the lots can be reconfigured
and the lots would remain grandfathered-in as long as the lots are equal to or exceed the standards
of New Hanover County. Obviously, the lots exceed the standards in size but do not meet the road
standards.
Mr. Jackson contended that the road was never used because the easement is overgrown with
trees. The neighbors do not want him to use their easement, and they would prefer that another
easement be plotted across the road from the other property which would be costly and result in
condemning expensive land for an easement. According to Staff, when the two lots were increased
in size and turned around, the property fell within the 1965 regulations; however, in practicality, the
same access exists today before turning the lots around and increasing the size. Staff contends that
no more than three lots can be served by an access easement.
Commissioner Boseman requested an explanation of Attorney Caulder’s opinion when the lots
were sold.
Mr. Jackson responded that Mr. Caulder felt there would be no problem with access to the
easement as indicated in his letter.
Mr. Fred Spike, an adjacent property owner, advised that three homes are currently on the
road and stated he was opposed to the request because the driveway is no wider than the width of
a car. The driveway is barely wide enough to meet the 10 foot clearance required by the Fire Code
and if you meet a car, you have to back up several hundred yards to allow the car to pass. Allowing
additional cars to use this road is of significant concern to adjacent property owners. In the 1970's,
Mr. Gerald Evans purchased the entire tract and in 1980, he filed a letter with the Register of Deeds
Office, withdrawing the dedication of a portion of the old Indian Cove Road, which restricted access
to the properties. Mr. Spike stated at that time, Mr. James Cobb and he were informed that the quiet
nature of the driveway would be maintained since only three homes could be built along the road, and
one area was to become a nature preserve.
Vice-Chairman Greer asked Mr. Spike if increasing the size of the lots and turning them around
had created the problem for the neighbors.
Mr. Spike responded that according to the New Hanover County Zoning Ordinance, turning
the lots around would not make a difference because three homes would still be using the driveway
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 456
which is inconsistent with the zoning regulations. Since Mr. Jackson owns the property behind the
lots, some neighbors have suggested that he could construct a driveway to Avalon Avenue, which
would resolve the problem.
Chairman Davis asked Mr. Jackson if he owned the property behind the lots.
Mr. Jackson responded that he owned the property.
Commissioner Caster requested Staff to explain how two houses could be constructed if the
two lots are combined.
Ms. Ann Hines, Chief Zoning Officer with the Inspections Department, explained that the letter
written by Deputy County Attorney Burpeau indicated that Mr. Jackson could combine Lots 26 and
27 into one tract with houses constructed on the site. There is some precedent for allowing multiple
uses on a single tract serviced by an easement. Under the Zoning Ordinance, an owner can establish
more than one use on a single parcel if each use meets all the Ordinance criteria that would apply to
a single lot. This means that the lot area has to be large enough to accommodate the construction
of two houses; however, it could be argued that the second house would violate the 3-lot rule which
would become a problem. The 3-lot rule under these circumstances has not been challenged or heard
by the Zoning Board of Adjustment. Under the multiple use precedent regulation, the Zoning
Enforcement Department would probably allow the two houses to be constructed on one combined
parcel.
Chairman Davis asked if this means that the land would have to return to its original land mass
before the two houses could be constructed.
Ms. Hines responded that if the land was reverted back to its original land mass, building
permits would probably have to be approved for separate lots if the land predated enactment of
zoning. However, there are aspects of the right-of-way withdrawal that are troublesome because this
action was taken after zoning become effective. This means a change was made in the status of the
lots.
Discussion followed on the meaning of an easement. Deputy County Attorney Burpeau
explained that an easement is a commodity of value to the property. In this case, Mr. Jackson has
an easement which he has a legal right to use; however, some adjacent homeowners approached the
County about the amount of traffic on the easement. After a review of the 3-lot rule, it is technically
a violation of the Zoning Ordinance. The neighbors were informed that appearing before the Board
of County Commissioners would not provide the relief needed because Mr. Jackson has a legal right
to use the easement. If the Commissioners uphold Staff’s decision, Mr. Jackson will have to
recombine his two lots or plat another access. If another access is platted, he can still use his legal
right to the existing easement. It would have been beneficial if all parties involved could have worked
out this situation.
Further discussion was held on the possibility of the County purchasing the Fred Spike
property. Planning Director Hayes advised that discussion has occurred about the County purchasing
the property owned by Fred Spike through the State buy-back plan since the property is located in
the flood plain. If the property is purchased, the County will own approximately eight acres of
marshland with only two or three acres of usable land and the house will be demolished. The access
problem would be relieved, but the question to answer is how many lots can be developed under the
present configuration of access.
Mr. James A. Cobb, a nearby property owner with access on the easement, stated that when
he purchased his home it was understood that only three residences would be using the easement.
The key issue is the fact that Mr. Jackson’s private driveway runs beside adjacent houses. If Mr.
Jackson would use his bush hog to cut an easement from his driveway, the Ordinance would not be
violated because he would be using his driveway instead of the narrow easement. If the building
permit is granted to Mr. Jackson, the trees will have to be removed to allow cement trucks to access
his lot. Mr. Cobb stated that he felt Mr. Jackson should use his own driveway.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 457
Vice-Chairman Greer asked if any of the property owners were willing to pay Mr. Jackson for
use of the easement.
Mr. Cobb responded that Mr. Jackson would have to decide if he would like to work with the
neighbors in reaching an agreement about the use of the easement.
Commissioner Pritchett asked if the item should be tabled to allow all parties involved to see
if an agreement could be reached.
Mr. Jackson informed the Commissioners that he did not feel an agreement could be reached.
Chairman Davis requested the Planning Director to explain the question before the Board
before calling for a motion.
Planning Director Hayes stated that the Board must decide whether to honor Staff’s
interpretation which rescinds the subdivision approval by not recognizing the lots as presently
configured, or approve the subdivision as submitted and recorded by Mr. Jackson. The Board must
also make a determination and findings of why the existing access would be valid if the subdivision
is approved.
Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to uphold Staff’s
recommendation based upon non-compliance to the County’s access requirements. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 11:50 A.M. to hold a Regular Meeting of
the Water and Sewer District.
Chairman Davis reconvened to Regular Session at 12:16 P.M.
NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW MEETING
SCHEDULED FOR APRIL 16, 2001
Chairman Davis advised that the Tax Administrator has suggested scheduling the first meeting
of the Board of Equalization and Review on April 16, 2001. He asked if any members of the Board
would like to comment.
After hearing no comments, Chairman Davis requested a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to schedule the first
meeting of the Board of Equalization and Review on April 16, 2001 at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina.
COMMITTEE APPOINTMENTS
Appointments to the Adult Home Care Community Advisory Committee
Chairman Davis announced that six vacancies needed to be filled on the Adult Home Care
Community Advisory Committee. Three applications have been received with all applicants desiring
to be reappointed.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Jane
B. Johnson, Josephine W. Little and Dollie Pollock to serve 3-year terms on the Adult Care Home
Community Advisory Committee with the terms to expire February 28, 2004. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Davis requested the Clerk to the Board to re-advertise the three remaining vacant
positions.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 458
Appointment to the Industrial Facilities and Pollution Control Financing Authority
Chairman Davis announced that three vacancies needed to be filled on the Industrial Facilities
and Pollution Control Financing Authority. Two applicants desire to be reappointed, and one has
moved leaving no forwarding address.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint
Thomas L. Dodson and appoint Michael Gage to serve 6-year terms on the Industrial Facilities and
Pollution Control Financing Authority with the terms to expire February 22, 2007. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Davis requested the Clerk to the Board to re-advertise the remaining vacancy on the
Authority.
Appointments to the Cape Fear Museum Board of Trustees
Chairman Davis announced that one vacancy needed to be filled on the Museum Board of
Trustees due to the resignation of Allen P. Hunt, Jr. Three applications have been received, and he
opened the floor to receive nominations.
Commissioner Boseman asked how many African-Americans were serving on the Cape Fear
Museum Board of Trustees. County Manager O’Neal responded one member, Dr. John H. Haley.
Commissioner Boseman stressed the importance of having diversity on the various boards and
stated that Dr. Earl Sheridan is a respected member of the community who would be an asset to the
Museum Board of Trustees.
Commissioner Boseman nominated Dr. Earl Sheridan.
Chairman Davis requested a second to the nomination. No second was received.
Chairman Davis asked if there was another nomination.
Commissioner Pritchett nominated M. Ann Griffith. The nomination was seconded by
Commissioner Caster.
Commissioner Pritchett noted that three more vacant positions would become available on the
Museum Board of Trustees within a few months.
Commissioner Boseman informed the Board that waiting a few months would not resolve the
diversity problem which should be addressed now.
Chairman Davis spoke on understanding the comments being made by Commissioner Boseman
and stated that he hoped more individuals within the African American community would apply to
serve on the various boards. He stated that diversity was needed on the boards and Dr. Earl Sheridan
could be considered when other vacancies become available on the Museum Board of Trustees.
There being no further nominations, Chairman Davis called for a vote on the nomination of M.
Ann Griffith.
Vote:
Upon vote, M. Ann Griffith was appointed to fill the unexpired term of Allen P. Hunt, Jr. on
the Cape Fear Museum Board of Trustees with the term to expire June 30, 2003 by a 4 to 1 vote.
Commissioner Boseman voted in opposition.
Nursing Home Community Advisory Committee
Chairman Davis announced that five vacancies needed to be filled on the Nursing Home
Community Advisory Committee. Four applications were received with one applicant, Esther Hynes,
being ineligible due to working for a nursing home care provider. Two of the applicants, Donald E.
Price and Peggy J. Hall are eligible to be appointed to serve 3-year terms. Both applicants would like
to be reappointed.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 459
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint
Peggy J. Hall and Donald E. Price to serve 3-year terms on the Nursing Home Community Advisory
Committee with the terms to expire February 28, 2004, and to appoint Bridget Harding to serve an
initial 1-year term on the Nursing Home Community Advisory Committee with the term to expire
February 28, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis requested the Clerk to the Board to re-advertise the remaining two vacancies.
Appointments to the Wilmington/New Hanover Port, Waterway & Beach Commission
Chairman Davis announced that one vacancy needed to be filled on the Wilmington/New
Hanover Port, Waterway & Beach Commission in the Terminals and Industry category. Two
applications have been received, but one of the applicants, Millie S. Elledge, applied to serve as the
representative for the Commerce and Finance category which does not qualify her to fill the vacancy.
Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Sidney
H. Camden to serve a 3-year term on the Wilmington/New Hanover Port, Waterway & Beach
Commission as the Terminals and Industry category representative with the term to expire February
28, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow anyone from the public to
speak or 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.
Commissioner Boseman referenced the Jail Project on Blue Clay Road and spoke on the threat
of being sued by the federal government. She asked County Attorney Copley if the County was sued
by the federal government, whether the worse scenario would be for the County to be told to
construct a jail and pay attorney fees involved in the suit.
County Attorney Copley responded that an action would be filed in federal court with the
overcrowding deficiencies being presented to a federal judge who would require the County to
provide alternative plans in the interim to relieve the overcrowding. The County would then be
required to construct a new jail with Legal Services filing a petition for certain items to be included
in the new jail. After addressing the items petitioned by Legal Services, the judge would grant an
order and the County would probably be requested to grant the attorney fees for Legal Services.
Commissioner Boseman stated that when Robeson County was ordered by the federal court
to construct a jail, no extra money was involved with being under a federal order.
County Attorney Copley stated that she was not sure about whether extra costs were involved
when Robeson County was ordered to construct a new jail, and she offered to check into the matter
and report back to the Board.
Commissioner Boseman asked what amount of County money would have been spent if the
Board decided to stop the Jail Project.
County Manager O’Neal responded that he was not sure about an exact figure; however, he
could provide the Board with this information by the end of the day.
Commissioner Pritchett advised that she had been told from a good authority that if New
Hanover County does not build according to its specifications, the County would be required to build
according to federal specifications which would be much more expensive.
Commissioner Boseman referenced the jail in Florence, South Carolina, and asked if the new
County Jail was about the same size.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 460
Commissioner Caster stated that the jail facility in Florence was larger because the 911 Center
was located on the site.
Commissioner Boseman informed the Board that the jail in Florence was less than 10 years old
and it was constructed for $18 million. She expressed concern for constructing a $52 million new
jail and stated it was difficult to believe that inflation had increased this amount.
After further discussion, Commissioner Caster requested the County Manager to answer the
questions presented by Commissioner Boseman, particularly the fact that members of the Board have
been told numerous times that a jail constructed by federal specifications would be much more
expensive.
After further discussion, the Board requested the County Manager to furnish figures on the
size and cost of constructing the jail in Robeson County under federal regulations, the size and cost
of the jail constructed in Florence, South Carolina, and the amount of County money spent if a
decision was made to stop the Jail Project.
County Manager O’Neal advised that he would be glad to provide the information requested
and report back to the Board.
MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION
Chairman Davis reported that pursuant to N.C.GS. 143-381.11 (a)(5), a Closed Session should
be called to instruct Staff on the terms of a real property purchase. He requested a motion to convene
to Closed Session.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to
Closed Session to discuss a real property purchase. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Davis convened from Regular Session at 12:48 P.M.
Chairman Davis reconvened to Regular Session at 1:16 P.M. and reported that during the
Closed Session the Board discussed the possibility of purchasing property located at 2639 Middle
Sound Road. He stated that no formal action was taken by the Board but after further discussion,
Staff was directed not to pursue the acquisition of this property and to see if any CAMA grants
applicable to this purchase could be applied elsewhere.
ADDITIONAL ITEMS
Chairman Davis asked if any member of the Board would like to present an additional item.
Groundbreaking Ceremony for Phase I of the Legion Sports Complex
Chairman Davis announced that a Groundbreaking Ceremony for Phase I of the Legion Sports
Complex will be held on Wednesday, February 28, 2001, at 9:30 A.M. He informed the Board that
he would not be able to attend this ceremony since he would be in court and asked if any
Commissioners planned to attend the event.
Commissioner Boseman and Commissioner Caster stated they would be attending the Legion
Stadium Committee meeting and Groundbreaking Ceremony.
Announcement of the Annual Meeting of the Chamber of Commerce
Chairman Davis announced that the Chamber of Commerce would be holding its annual
meeting on Tuesday, February 27, 2001, and he asked if a table had been reserved for the County
Commissioners.
County Manager O’Neal responded that a table had been reserved and noted that he and
Chairman Davis will present brief comments on the FY 2001-2002 budget.
Chairman Davis advised that he might be in Brunswick County for a court trial, and he
requested Vice-Chairman Greer to speak on the budget if he could not attend the meeting.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 461
Vice-Chairman Greer advised that he planned to attend and would be glad to comment on the
budget in the absence of Chairman Davis.
Discussion of Advertising for the At-Large Position on the Airlie Gardens Foundation Board
of Directors
Chairman Davis requested the Clerk to the Board to advertise the at-large position on the
Airlie Gardens Foundation Board of Directors.
After further discussion of appointing Dr. Bruce Williams to fill the vacancy, it was the
consensus of the Board to advertise for the at-large position and to allow any persons interested to
apply to serve on the Airlie Gardens Foundation Board.
Announcement of Smart Growth Presentation Sponsored by the City of Wilmington
Chairman Davis announced that a Smart Growth Presentation sponsored by the City of
Wilmington will be held on Tuesday, February 20, 2001, at 9:30 A.M. He asked if anyone from New
Hanover County would be attending the meeting.
County Manager O’Neal advised that he would be attending the meeting.
Commissioner Pritchett stated that her plans had changed and she would be glad to attend the
meeting if seating was still available.
Discussion of Letter Received from the Director of the Institute of Government
Chairman Davis referenced the letter received from Mr. Michael Smith, Director of the
Institute of Government, and he asked if the Commissioners felt it was necessary for Mr. Smith to
appear before the Board.
Consensus:
After discussion, it was the consensus of the Board to direct the Clerk to the Board to
prepare a letter for the Chairman’s signature informing Mr. Smith that it was not necessary for him
to meet with the Commissioners.
Recognition of County Manager Allen O’Neal as the “Manager of the Year” by the Council
of Governments
Commissioner Pritchett announced that County Manager O’Neal was recognized as the
“Manager of Year” at the last meeting of the Council of Governments. She also noted that he was
too modest to report this recognition in his weekly report.
A round of applause was given to County Manager O’Neal.
Consideration of Steps to be Taken to Balance the FY 2001-2002 Budget
County Manager O’Neal presented a list of steps to be taken to balance the FY 2000-2001
budget to deal with the projected shortfall in funding as a result of the Governor placing
reimbursements in escrow. He requested the Board to approve the following procedures to save
$1,100,000:
1. Eliminate all non-essential overtime at an estimated savings of $200,000. Overtime requests
will need to be approved by the Human Resources Director.
2. Eliminate all non-essential temporary positions at an estimated savings of $50,000. Request
for additional temporary hours will need to be approved by the Human Resources Director.
Current temporary employees will be reviewed on a case-by-case basis.
3. Eliminate all non-essential training and travel that has not already been paid at an estimated
savings of $150,000.
4. Freeze the purchase of non-essential equipment for the remainder of the fiscal year at an
estimated savings of $200,000.
MINUTES OF REGULAR MEETING, FEBRUARY 19, 2001 PAGE 462
5. Freeze all vacant positions other than those essential to public health and safety (e.g., child
protective services) at a cost savings of $500,000. The Management Team will continue to
review all vacant positions before approval is given to fill the position.
Discussion was held on the predicted shortfall in day care funds for the Department of Social
Services. County Manager O’Neal advised that the State has frozen some or all of the match money
from various sources of day care money provided to counties. The Department of Social Services
had made great strides in removing people from public assistance and training them to become
members of the work force. This has been accomplished by having day care money available to
working mothers who cannot afford to pay for day care. Unless funding is received, many of the
people will not be able to continue to work and will need public assistance. Staff is in the process of
reviewing this issue and reports will be made to the Board as the situation evolves.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to authorize the County
Manager to implement the procedures presented to reduce expenditures in the current fiscal year and
to assist with not having to raise taxes for FY 2001-2002. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 1:45 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board