2001-03-26 Regular Meeting
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 488
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 26, 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
Ms. Lucie F. Harrell, Clerk to the Board, gave the invocation.
Boy Scout Thomas Carpenter led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis announced that the Clerk to the Board has requested removal of the minutes
on the Consent Agenda to be resubmitted on April 2, 2001.
Vice-Chairman Greer requested discussion of Consent Agenda Items 7 and 10.2.
Discussion of Consent Agenda Item 7 - Conveyance of County Ownership of a Portion of
Property Located in Pender County Through a Drug Seizure to Cape Fear Community College
for Development of an Emergency Services Training Facility
Vice-Chairman Greer spoke on proposed conveyance of the property to Cape Fear
Community College and asked if the firing range for the Sheriff’s Department could be included in
the Emergency Services Training Facility to provide a regional range that could be paid for by
counties using the facility.
Deputy County Manager Atkinson informed the Board that the County owned dredge spoil
property located on Highway 421 North has been selected by the Sheriff as the site for the firing
range. The State and Corps of Engineers have no problem with usage of this site for this purpose,
and it will be fairly inexpensive to place a firing range on the site. Due to the distance that would be
involved with traveling to Pender County, the Sheriff will want to continue with preparing the dredge
spoil site to be used for the range.
Commissioner Boseman expressed concern for giving away 78 acres of land, and she asked
if this tract of land could be used for future industrial development.
County Manager O’Neal responded that he would be glad to check into the items mentioned
by Vice-Chairman Greer and Commissioner Boseman and report back to the Board.
After further discussion of Consent Agenda Item 7, the Board agreed to withdraw this item
for discussion with the County Attorney at the end of the meeting.
Discussion of Consent Agenda Item 10.2 - Budget Amendment #01-0153 - Sewer
Operating/Water-Sewer Engineering
Vice-Chairman Greer referenced the $537,000 from the Water and Sewer Appropriated Fund
Balance and he requested an explanation.
Deputy Finance Director Julie Griffin explained that interest earnings on the COPS since 1997
have been placed in Fund 800; therefore, the County has been using interest earnings that should be
part of the COPS financing. For accounting purposes, a budget amendment had to be prepared to
return these earnings to the COPS fund.
County Manager O’Neal advised that the transfer was approved by Bond Counsel.
Vice-Chairman Greer expressed appreciation to Ms. Griffin for the explanation.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 489
After hearing no further comments, Chairman Davis called for a motion to approve the
Consent Agenda.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Items
1 and 7 and approve the remaining items on the Consent Agenda. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Authorization for the Emergency Management Department and Fire Services to File a FEMA
Grant under the “F.I.R.E.” Program to Enhance the 800mhz Communication System
The Commissioners authorized the Emergency Management Department and Fire Services
to file a FEMA grant under the “F.I.R.E.” program. Emergency Management with support from Fire
Services, would like to utilize the grant funds to implement the 800 mhz capital improvement
simulcast network. This system enhancement will improve radio signal coverage in the southern end
of the County. Preliminary project costs are approximately $1,500,000. If FEMA awards the full
amount in late 2001 or early 2002, the County’s share will be $450,000. The Commissioners will
have an opportunity to accept or deny funds associated with the FEMA grant as well as decide on
how the local match will be funded. Implementation of this project will not impact the 911 system
or its operation. Equipment transmitters, antennas, and towers associated with this grant will only
improve two-way radio performance and in-building coverage for emergency responders.
Authorization for the Sheriff’s Department to Apply for a Grant From the Governor’s
Highway Safety Program
The Commissioners authorized the Sheriff’s Department to apply for a grant from the
Governor’s Highway Safety Program in the amount of $25,000 to assist with purchasing equipment
for the Sheriff’s Alcohol Field Enforcement Unit. The total project is estimated at $47,000 and the
County’s match will be paid from Federal Forfeited Property funds.
Authorization for the New Hanover County Library to Apply for LSTA Internet Service
Improvement Grant to Manage Public Access Computers
The Commissioners authorized the Library to apply for an LSTA Internet Service
Improvement grant to manage printing from the Public Access Computers (PACs) and monitor time
of use by the public through limiting Internet access to one hour per patron. This recommendation
is supported by Library Staff, who spends a significant amount of time policing PACs. The County
match of $7,161 will come from the Library’s operating budget.
Release of Values - Tax Department
The Commissioners released the late listing penalty for the following company since it was
the first offense:
Fitness for Life$ 65
The Commissioners granted Senior Citizen/Disability Exclusions for the following taxpayers:
Bloodworth, Annie P.$20,000
Corbett, Katie L.$20,000
Dinkins, Ella Louise$20,000
Grady, Arlene$20,000
Potter, Peggy$18,290
The Commissioners approved the following delinquent application for exemption from the
property tax for the following organization:
Wrightsville United Methodist ChurchR06307-005-005-000
Applications and letters explaining the late filing are available upon request in the Tax Office.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 490
Acceptance of Tax Collection Reports Through February 28, 2001
The Commissioners accepted the following Tax Collection Reports through February 28,
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 26.
Adoption of Resolution to Add Patsy Lane, Buddy Road and an Unnamed Road off Gordon
Road to the N.C. Highway System
The Commissioners adopted a resolution to add Patsy Lane, Buddy Road and an unnamed
road off Gordon Road 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 26.
Approval for New Hanover Regional Medical Center to Lease Property Located at 5310
Greenleaf Drive
The Commissioners approved New Hanover Regional Medical Center leasing property
located at 5310 Greenleaf Drive at a rental rate of $500 per month.
Approval of Budget Amendment #01-0152-Sheriff’s Department/Federal Forfeited Property
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0152-Sheriff’s Dept/Federal Forfeited Property
ADJUSTMENTDEBITCREDIT
Sheriff’s Department:
NHTSA Safe Roads Grant$20,925
Transfer in from Capital Projects (348)$ 6,975
Supplies$ 5,600
Motor Vehicles$22,300
Federal Forfeited Property:
Capital Project Expense$ 6,975
Transfer to General Fund-Sheriff’s Department$ 6,975
Explanation:
To increase the budget for Safe Roads grant which was increased to fund one
additional vehicle, etc. To budget a transfer from the Federal Forfeited Property Fund to cover the
additional match requirement.
Approval of Budget Amendment #01-0153 - Sewer Operating/Water-Sewer Engineering
The Commissioners approved the following budget amendment to transfer funds that came
in under budget for the Northeast Regional Library renovations to the Water and Sewer District:
BUDGET AMENDMENT # 01-0153-Sewer Operating/Water-Sewer Engineering
ADJUSTMENTDEBITCREDIT
Sewer Operating Fund:
Appropriated Fund Balance $537,247
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 491
(Budget Amendment #01-0153 continued)
DEBITCREDIT
Water/Sewer Engineering
Transfer to Capital Projects (Fund 322)$537,247
Explanation:
To increase the budget for a transfer to Fund 322-Northeast Branch Library.
Approval of Budget Amendment #01-0161-Non-Departmental/Contingencies/Health/Jail
Health
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0161-Non-Departmental/Contingencies/Health/Jail Health
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingencies$113,000
Health:
Jail Health:
Contracted Services$61,000
Departmental Supplies$52,000
Explanation:
To transfer funds from Contingencies for higher than anticipated expenses related to
inmate medical care including physician fees, prescription drugs, and medical supplies. The higher
than anticipated expenses are unavoidable as the County is required to provide inmate medical and
dental care.
Approval of Budget Amendment 01-0162-Aging/Senior Center
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0162-Aging/Senior Center
ADJUSTMENTDEBITCREDIT
Aging:
Senior Center
Other Revenues$2,000
Postage Expense$1,000
Newsletter$1,000
Explanation:
To budget a donation to the Tides ‘n Times Newsletter for increased expenses related
to preparing and mailing the newsletter.
Approval of Budget Amendment 01-0163-Health/Partnership for Children-Health
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0163-Health/Partnership for Children-Health
ADJUSTMENTDEBITCREDIT
Health:
Partnership for Children-Health:
Partnership for Children Grant$6,000
Salaries and Wages$6,000
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 492
Explanation:
To budget additional money received from the Partnership for Children to fund salaries
in the Child Care Nursing Program, market adjustments, and pay reclassifications.
Approval of Budget Amendment #01-0164-Social Services/Administration/Work First-
TANF/CP&L Intervention Program
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT#01-0164-Social Services/Administration/Work First-TANF/CP&L
Intervention Program
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative Grants$30,306
Work First-TANF:
WFFA County Issued Checks$30,000
Work First Diversion Assistance$30,000
CP&L Intervention Program:
Assistance Payments$30,306
Explanation:
To budget additional allocation from the State for the Work First Diversion Program
and the CP&L Intervention Program. No additional County funds are required.
Approval of Budget Amendment #01-0165-Social Services/Administration/Day Care
Services/LINKS
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0165-Social Services/Administration/Day Care Services/LINKS
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative Grants$ 38,000
Child Day Care
DSS/Smart Start Day Care$349,089
DSS/Smart Start Day Care$349,089
LINKS:
Assistance Payments$ 38,000
Explanation:
To budget additional State funds received for the Smart Start Day Care Program and
the LINKS Program. No additional County funds are required.
Approval of Budget Amendment #01-0166-Social Services/Child Day Care
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #01-0166-Social Services/Child Day Care
ADJUSTMENTDEBITCREDIT
Social Services:
Child Day Care:
Office of Day Care$137,757
Day Care Services$137,757
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 493
Explanation:
To budget additional State funds to the State Subsidy Child Day Care Program. No
additional County funds are required.
Approval of Budget Amendment #2001-32-Federal Forfeited Property Capital Project
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT #2001-32-Federal Forfeited Property Capital Project
ADJUSTMENTDEBITCREDIT
Federal Forfeited Property$5,175
Capital Project Expense$5,175
Explanation:
To increase the budget for additional revenue received on March 5, 2001.
Approval of Budget Amendment # 2001-33-Controlled Substance Tax Capital Project
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT # 2001-33-Controlled Substance Tax Capital Project
ADJUSTMENTDEBITCREDIT
Controlled Substance Tax$ 6,730
Interest Earnings$ 3,700
Other Revenue$16,000
Capital Project Expense$19,030
Explanation:
To increase the budget for additional revenue received on March 5, 2001, reduce
interest budgeted to actual amount recognized, and increase other revenue budget as a result of the
vehicle trade-in.
Approval of EDA Funding for Construction and Expansion of the City and County Wastewater
Treatment Facility and Collection Infrastructure for Pender County
The Commissioners approved filing an application along with the City of Wilmington for a
grant in the amount of $1,000,000 to assist in the construction and expansion of the City/County
Wastewater Treatment Plant and collection infrastructure in Pender County. The grant is from a
Special Appropriation through Congress that has been made available to entities with economic losses
from Hurricane Floyd. The grant requires a $2.8 million match that will be provided by Pender
County. Pender County will be the lead agent for all of the grant administration, and no funding will
be required from New Hanover County.
PRESENTATION OF SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Kenneth W. BradleySheriff’s Department 5 years
Deborah B. NashHuman Resources Department10 years
Tina J. LovingoodProperty Management10 years
David R. ButtsInformation Technology15 years
Sherian A. DavisSheriff’s Department15 years
Janice F. DaileyInspections Department15 years
Linda M. MooreHuman Relations15 years
Faye B. JacobsAging Department15 years
Stevenson D. RitchInspections Department20 years
Betty J.McCorkleHealth Department20 years
Ann M. BarkleySocial Services Department20 years
Joann GallowayLibrary20 years
David B. BarkleyN.C. Cooperative Extension20 years
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 494
Annie L. StallingRegister of Deeds 25 years
On behalf of the Board, Chairman Davis presented service awards to each employee and
expressed appreciation to them for their dedicated years of service to New Hanover County.
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized:
Ricky Bullard, Engineering Department
Kelly Hill, Health Department
Susan Jackson, Health Department
Brett Schoen, Health Department
Deborah King, Health Department
Asheley Costner, Health Department
Helen Green, Library
Albert Henry, Property Management
Anthony Amos, Property Management
Sandra Exum, Sheriff’s Department
Cheryl Bowers, Social Services
Jonathan DeBerry, Social Services
Monica Jacobs, Social Services
Debra Reuben, Social Services
Robert Setzer, Social Services
Chiquita Gooding, Social Services
Cliff McAllister, Social Services
Fausto Sanchez, Social Services
Brenda Carter, Tax Department
Gabrielle Lewis, Cooperative Extension Service
On behalf of the Board, Chairman Davis welcomed the new employees to County Government,
and he wished them success in their new positions.
POSTPONEMENT OF STATUS REPORT ON THE ACTIVITIES OF CAPE FEAR
RESOURCE CONSERVATION AND DEVELOPMENT, INC.
County Manager O’Neal reported that Mr. Greg Walker, Executive Director of Cape Fear
Resource Conservation and Development, Inc., called late Friday afternoon and apologized for not
being able to attend the meeting because he was called by a federal agency to be in Hickory, North
Carolina, on Monday, March 26, 2001. Mr. Walker has requested the Board to postpone this
presentation until a morning meeting.
Consensus:
It was the consensus of the Board to postpone the status report on the activities of Cape
Fear Resource Conservation and Development, Inc. until a morning meeting.
STATUS REPORT ON ACTIVITIES OF THE UNIFIED DEVELOPMENT ORDINANCE
OVERSIGHT COMMITTEE
Commissioner Caster referenced the regulations that have been developed and suggested
moving forward with adopting these policies. He requested Planning Director Dexter Hayes to
comment on this request.
Planning Director Hayes advised that a single ordinance comprised of all development
regulations will be adopted by the City Council and Board of County Commissioners when this
process is completed. Time has been required for the members of the UDO Oversight Committee to
reconcile differences; however, issues such as signage, the Historic District, Special Highway Overlay
District, landscaping, telecommunication towers, enforcement penalties, the Conservation Overlay
District, etc. have been agreed upon by the Committee. Additional time will be required for the
Committee to agree on difficult issues that will involve determining the number of zoning districts, the
types of zoning districts, managing multi-family development and high density development. If the
Board desires to adopt the agreed upon regulations as written by the UDO Oversight Committee, this
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 495
action will not create a problem.
Commissioner Pritchett asked if the City Council had adopted any of the regulations.
Planning Director Hayes responded that the Mixed Use District regulation was adopted by the
City Council because of the Hardy Parker property rezoning on Military Cut-Off Road. The Mixed
Use District will be a new standard in the City Zoning Ordinance.
Further discussion was held on whether the Planning Board should review the regulations
agreed upon by the UDO Oversight Committee before approval by the Board of County
Commissioners. Planning Director Hayes explained that since the members of the Planning Board
have a copy of the regulations, the Board of County Commissioners can direct the Planning Board to
review the material and make a recommendation to the Commissioners through text amendments.
After hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to direct the
Planning Board to review the portions of the Unified Development Ordinance that have been approved
by the UDO Oversight Committee and present a recommendation to the Board of County
Commissioners for consideration and approval. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Planning Director Hayes was requested to notify the City Council of the action taken by the
Board.
APPROVAL OF BUDGET AMENDMENT ADOPTED BY THE BOARD OF EDUCATION
Budget Director, Cam Griffin, advised that the Commissioners are being requested to approve
the action of the Board of Education for appropriation of the School Fund Balance in the amount of
$700,000 to renovate the new Central Office Building. She explained that the appropriation did not
involve the County’s Fund Balance.
After hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
budget amendment adopted by the Board of Education. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
New Hanover County Board of Education
Budget Amendment #8
New Hanover County Administrative Unit
Local Fund
Code NumberDescription of Code IncreaseDecrease
VariousSee attached $945,500
Revenue:
2.4490.00Miscellaneous Income $ 1,200
2.4490.795CISCO Regional CATC’s Revenue $110,000
2.8100.000.697Sales Tax Revenue $134,300
2.4910.000Fund Balance Appropriation $700,000*
*Transfer of funds for renovations to the new Central Office Building.
CONVEYANCE OF BEACH ACCESSES FORMERLY IN THE UNINCORPORATED
COUNTY TO THE TOWN OF CAROLINA BEACH
Mr. Ray Rothrock, Mayor of the Town of Carolina Beach, presented a resolution adopted by
the Carolina Beach Town Council and Kure Beach Town Council on March 20, 2001. He advised
that Senator Patrick Ballantine had introduced a blank bill to move the annexation line once the
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 496
resolution was adopted. This means that Carolina Beach will own and be responsible for maintenance
of the six public beach accesses being conveyed by New Hanover County.
Vice-Chairman Greer referenced the fact that Mayor Betty Medlin had called him Thursday
morning regarding the bill that would be introduced by Senator Ballantine and stated that she
requested him to wait before taking action. Vice-Chairman Greer noted that he had not been able to
further discuss this matter with Mayor Medlin and he asked Mayor Rothrock if Ms. Medlin’s concerns
had been resolved.
Mayor Rothrock responded that Deputy County Attorney, Kemp Burpeau, called Mr. A. A.
Canoutas, the attorney representing Kure Beach, to determine the action that had been taken on March
20, 2001. There was some misinterpretation about the action and Attorney Canoutas requested the
Kure Beach Town Council to wait until the bill was enacted by the N. C. General Assembly. After
discussion with Mayor Medlin on Thursday, this issue has been resolved.
Chairman Davis stated, for the record, he had not been contacted by Mayor Medlin.
County Manager O’Neal reported that Mayor Medlin called him on Thursday morning and he
was not available. When trying to return the call, he was not able to reach Mayor Medlin. Messages
were left; however, after discussion with Mayor Rothrock that afternoon, it was evident that the issue
has been resolved.
There being no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
conveyance of six public beach accesses to the Town of Carolina Beach and authorize the Chairman
to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the conveyance document is on file in the Legal Department.
A copy of the joint resolution adopted by the Town of Carolina Beach and Town of Kure
Beach is hereby incorporated as a part of the minutes and is contained in Exhibit XXVI, Page 25.
COMMITTEE APPOINTMENTS
Postponement of Appointment to the Citizens Solid Waste Advisory Board
Commissioner Caster suggested postponing this appointment until the recommendation by the
Citizens Solid Waste Advisory Board has been completed and presented to the Board of County
Commissioners.
Chairman Davis explained that since the recommendation from the Citizens Solid Waste
Advisory Board will be presented to the Board in the near future, it would be difficult for a new
member of the Advisory Board to understand the complexity of the issue.
Commissioner Pritchett agreed with the statement by Chairman Davis and stated that a joint
Work Session of the Board of County Commissioners will be held with the Citizens Solid Waste
Advisory Board on Thursday, April 12, 2001, at 5:00 P.M. to discuss the proposed recommendation.
The Board of County Commissioners will consider action on the recommendation at the Regular
Meeting scheduled for April 16, 2001. Once a final decision is made by the Commissioners, it would
then be appropriate to appoint Ms. Mary Helen Orth to serve on the Citizens Solid Waste Advisory
Board.
Chairman Davis asked if the suggestion by Commissioner Pritchett was satisfactory with the
Board. After hearing no comments, Chairman Davis tabled the appointment of Ms. Orth until a later
date.
The Clerk to the Board was directed to contact Ms. Orth and explain the appointment process.
Appointment of Joseph Tralle to Serve on the Nursing Home Community Advisory Committee
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 497
Chairman Davis announced that three vacancies needed to be filled on the Nursing Home
Community Advisory Committee and stated that only one application had been received in the name
of Joseph Tralle.
Discussion followed on the difficulty in recruiting applicants to serve on the Nursing Home
Community Advisory Committee and the Adult Care Home Community Advisory Committee.
Commissioner Pritchett suggested requesting the Star-News to write an article on the importance of
these boards in supervising the care of our elderly and the need for people to volunteer to serve on
both committees.
Vice-Chairman Greer suggested that each Commissioner should approach their church about
the need to recruit people to serve on both committees.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Joseph
Tralle to serve an initial one year term on the Nursing Home Community Advisory Committee with
the term to expire March 31, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY
Appointment of Commissioner Nancy H. Pritchett to serve on the Lower Cape Fear River
Program Advisory Board
Chairman Davis advised that since Commissioner Caster is not eligible to continue to serve on
the Lower Cape Fear River Program Advisory Board, he would like to appoint Commissioner
Pritchett to serve as the Board’s representative.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint
Commissioner Pritchett to serve as the Board’s representative on the Lower Cape Fear River Program
Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of a Request by the Lower Cape Fear Arts Council for Appointment of a County
Commissioner to Serve on the Board of Directors
Chairman Davis advised that discussion was held on the appointment of a County
Commissioner to serve on the Board of Directors of the Lower Cape Fear Arts Council at the
Thursday Staff Meeting, and the Board agreed to ask Vice-Chairman Greer if he would like to serve
in this capacity since he was not present.
Vice-Chairman Greer expressed appreciation for being asked to serve on the Board of
Directors but stated he did not have time to serve on another committee.
After discussion of each Commissioner serving on numerous boards and committees, it was
agreed to request the County Manager to designate an appointee to represent the County.
County Manager O’Neal advised that the new Director of the Cape Fear Museum, Ruth Haas,
would be an excellent appointee to the Lower Cape Fear Arts Council Board of Directors. This
appointment would be beneficial in introducing Ms. Haas to the people in the community who have
interests in similar activities.
The Board requested County Manager O’Neal to discuss this issue with Ms. Haas and report
back to the Board.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session to hold a meeting of the Water and Sewer
District at 9:50 A.M.
Chairman Davis reconvened to Regular Session at 10:05 A.M.
BREAK
Chairman Davis recessed the meeting for a break from 10:05 A.M. until 10:15 A.M.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 498
ADOPTION OF RESOLUTION URGING PRIORITY SUPPORT FOR THE CONVENTION
CENTER DEVELOPMENT TEAM FUNDING PROPOSAL
Chairman Davis announced that the Mayor of the City of Wilmington, David Jones, and the
Chairman of the Convention Development Team, Vinton Fountain were present and would like to
address the Board.
Mayor Jones expressed appreciation for the opportunity to appear before the Board and he
spoke on the importance of merging the water and sewer services as well as other departments, such
as Parks & Recreation, Purchasing, and Planning. With the change in demographics and the
geographic area, the time has come to move forward with these mergers to save money for the
taxpayers. He also referenced the consolidation study and the situation that occurred with the Institute
of Government and stated that he intended to meet with the City Manager about the delay in obtaining
another agency to conduct a study. At the last joint meeting between the City Council and Board of
County Commissioners, both managers were requested to seek other agencies and schedule another
joint meeting within 30 days.
Mayor Jones emphasized the importance of everyone understanding that citizens living in the
City and unincorporated County expect the governing bodies to streamline government, reduce costs,
increase services, and move forward with consolidation as shown by a majority of citizens in the latest
poll. The last consolidation effort failed with City residents voting in favor of consolidation and
County residents voting in opposition. Since that time, the demographics have changed with 25,000
new voters in the City who want consolidation. He urged the Board of County Commissioners to
continue to push for consolidation.
Mayor Jones spoke on the importance of a Convention Center to the region and stated that
if Wilmington does not build a Convention Center, this will only enhance the ability of Myrtle Beach
to attract more tourists and make more money. The idea of no growth is just as irresponsible as
uncontrollable growth. A major revenue producer in the City is the sales tax at 17% of monies
received and the property tax at 33%. When the economy slows down, the sales tax decreases which
eventually becomes the burden of the taxpayers. The region needs a strong viable economy and a
Convention Center would be a way to provide a facility to serve the region and economically boost
the entire area. The resolution before the Board is good because it encourages the Convention Center
Development Team, Legislative Delegation, City, County, and beach communities to work together
in developing an acceptable funding method.
Chairman Davis expressed appreciation to Mayor Jones for his comments. He spoke on being
elected as a County Commissioner in 1996 and stated that discussion was being held at the time about
merging water and sewer services and moving forward with consolidation. Chairman Davis noted that
these issues are still pending in 2001 and he requested Mayor Jones to do everything within his power
to move forward with these issues.
Mayor Jones responded that he had made every effort possible to merge water and sewer
services as well as place consolidation before the voters; however, some members of the City Council
do not have the same views. He noted that consolidation will become a political issue in the City
election to be held in October. The Council Members running for re-election that are opposed to
consolidation and merging of City and County Departments will have to explain to the voters why they
are not in favor of these issues.
Mr. Vinton Fountain, Chairman of the Convention Center Development Team, spoke on the
need for diversity of the economy and stated that building a Convention Center will provide diversity
and increase sales tax revenue for the entire region. He stressed the importance of moving forward
with this project, and he expressed appreciation to the Board for preparing the resolution of support.
Chairman Davis emphasized the importance of everyone understanding that the Board does
not want to jeopardize the concept of a Convention Center and stated this was why the resolution was
prepared.
Commissioner Caster asked Mr. Fountain what the projected cost per year would be for
operating a Convention Center of this size.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 499
Mr. Fountain responded that approximately $300,000 to $500,000 would be the annual
operating cost . A great deal of discussion and confusion has been held on whether the City or County
would bear that operating loss in their budgets. This issue will have to be determined; however, the
proposal by Convention Center Development Team would not require any operating requirements
from the City or County.
Chairman Davis noted that County Manager O’Neal has just suggested removing the word
“other” from the last sentence in the resolution.
Chairman Davis requested a motion to adopt the resolution.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the
resolution as amended with removal of the word “other”. 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 26.
Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Fountain for the
excellent job that he has performed in chairing the committee and promoting the construction of a
Convention Center in downtown Wilmington. He also expressed appreciation to each member of the
Convention Center Development Team for the time and effort given to study and prepare the
recommendation for the project.
Mr. Fountain expressed appreciation to the Board for the comments and stated that progress
is being made, particularly with adoption of the resolution by the Board of County Commissioners.
APPROVAL OF REQUEST BY THE BOARD OF SOCIAL SERVICES TO REQUEST THE
NORTH CAROLINA GENERAL ASSEMBLY TO RELINQUISH THE ELECTING
COUNTY STATUS
Mr. Wayne Morris, Director of the Department of Social Services, reported that last fall the
Board of County Commissioners voted to seek electing status in the Work First Program for the 2001-
2003 biennium at the request of the Board of Social Services because of financial advantages to New
Hanover County. Since that time, the financial condition of the State has drastically changed and due
to the budget shortfall, it appears that some of the advantages given to an electing county will not be
continued. With a slowing economy and day care funding being uncertain, the County could be faced
with an increase in Work First Assistance Payments. If New Hanover County is an electing county
and the assistance payments exceed the block grant received from the State, the County will have to
fund these payments, which could be a significant amount of money. The Board of Social Services
met last week and decided it was too risky for New Hanover County to remain an electing county and
voted to recommend relinquishment of the electing county status.
Discussion was held on the budget impact of relinquishing the electing county status. Director
Morris explained that the initial budget for FY 2001-2002 included $600,000 in revenue because of
the electing county status. It appears that this revenue will not be available and there will be $600,000
shortfall in the budget. The Board of Social Services is still working on next year’s budget, but the
members wanted the Commissioners to be aware of this fact.
Chairman Davis expressed appreciation to Director Morris and the Board of Social Services
for bringing this issue to the attention of the Board.
Commissioner Caster referenced the amount of work given by the Board of County
Commissioners to move to an electing county status and he reported that he had discussed this issue
with Representative Danny McComas that morning. He stated that Representative McComas has
requested time to allow him to check into this matter before deciding on the electing county status.
Motion:
Commissioner Caster MOVED to approve the recommendation of the Board of Social
Services with the proviso that the Commissioners have an opportunity to discuss this matter with
Representative McComas to be sure that relinquishing the electing county status is the correct move.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 500
Vice-Chairman Greer requested Commissioner Caster to eliminate the last part of the
recommendation from the Board of Social Services requesting an allocation of $600,000 to make up
for the budget shortfall.
Amended Motion:
After further discussion, Commissioner Caster AMENDED THE MOTION,
SECONDED by Vice-Chairman Greer, to approve the recommendation by the Board of Social
Services to relinquish the electing county status with the proviso that relinquishment may be
withdrawn if the necessary funding is forthcoming from the State as per Representative McComas.
Any budget shortfall as a result of relinquishment shall be addressed at the appropriate time during the
budget process. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER 2001 NORTH CAROLINA SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - SCATTERED
SITE HOUSING CATEGORY PROGRAM (SSHP)
Chairman Davis opened the Public Hearing.
Staff Planner Wanda Coston reported that two public hearings are required for the County to
receive funds under the CDBG/SSHP Program. The first hearing was held at the March 12, 2001
Board meeting. The Scattered Site Housing category of the N. C. Small Cities CDBG Program must
meet the following requirements: (1) include activities in which a majority of funds is directed toward
improving, preserving or developing residential areas; (2) address the national objective of benefitting
low and moderate income persons; and (3) aid in the prevention or elimination of slums and blight.
New Hanover County is one of 33 counties in the State that is eligible to receive $400,000 of
non-competitive funds to be used to implement a housing program that will benefit owner-occupied
households whose income is at least 50% of the median income in the unincorporated county. The
beach communities are non-entitlement municipalities that are eligible to participate in the program;
however, these towns have opted not to participate. Since City of Wilmington is an entitlement area
that receives funding directly from HUD, the City is not eligible to participate.
Chairman Davis asked if anyone from the public would like to comment.
No public input was received.
Chairman Davis closed the Public Hearing.
Vice-Chairman Greer asked if a County match was required.
Staff Planner Coston responded that no county match is required.
Commissioner Pritchett asked how the public will be notified about the project.
Staff Planner Coston responded that a Selection Committee will be appointed comprised of
representatives that have benefitted from the program in the past, representatives from the area that
will receive the funds, and some members of the Planning Board. Once the requirements have been
met and submitted to the State, the program will be advertised to inform the public about the
availability of CDBG/SSHP funds.
Chairman Davis called for a motion.
Motion:
Commissioner Caster, MOVED, SECONDED by Commissioner Pritchett, to proceed with
the CDBG/SSHP grant application, adopt the Citizen Participation Plan, and authorize the Chairman
to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Citizen Participation Plan is on file in the Planning Department.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to receive comments from the public.
He requested all persons speaking to limit their remarks to three minutes.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 501
No items were presented.
ADDITIONAL ITEMS
Waiver of Tipping Fee for the “Azalea Pride Clean Up”
Chairman Davis spoke on the request to waive the tipping fee for the Azalea Pride Clean Up
and reported that every year the County waives this fee to assist the Azalea Festival Committee with
this project.
He asked if any members of the Board would like to comment.
After hearing no comments, Chairman Davis requested a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to waive the
tipping fee for the “Azalea Pride Clean Up” project. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Pritchett requested staff and the members of the Board to assist with the clean
up that will be held on Saturday, March 31, 2001.
Further Discussion Consent Agenda Item 7 Regarding Conveying the County’s Interest in
Property located in Pender County (Bulltail) to Cape Fear Community College
Vice-Chairman Greer referenced the need to have a regional firing range and he asked County
Attorney Copley if the Sheriff’s firing range could be incorporated into the Emergency Services
Training Facility to be located on the 78-acre tract of land in Pender County.
County Attorney Copley explained that it would depend on the Sheriff’s requirements for a
firing range.
Deputy County Manager Atkinson noted that a problem with locating the firing range on the
property in Bulltail was the distance and stated that the Sheriff would prefer the Highway 421 dredge
spoil site. He stated that he would be glad to discuss this issue with the Sheriff.
Deputy County Attorney Kemp Burpeau advised that this property was jointly owned by
Pender County and New Hanover County through a drug seizure. Recently, the Pender County
Manager contacted the Legal Department about whether the County Commissioners were willing to
to convey the tract of land fee simple without any conditions to Cape Fear Community College, or
would the Commissioners consider placing a condition on the conveyance so the property would
revert back to Pender County and New Hanover County if the land was not used for law enforcement,
education, and training. It was felt that the Pender County Board was inclined to place this condition
on the conveyance.
Vice-Chairman Greer agreed with the condition and stated if the conveyance is approved, this
should be part of the motion.
Commissioner Boseman again stressed the importance of recognizing that this tract of land
could be used in the next 10 to 20 years as a site for regional development or some type of industrial
development. She expressed concern for giving away a tract of land comprised of 78 acres.
Deputy County Attorney Burpeau noted that at one point discussion was held on selling the
land with use of the proceeds for law enforcement purposes. At that time, Cape Fear Community
College requested the land to be conveyed to the College to be used as the site for an Emergency
Services Training Facility.
Commissioner Pritchett requested the Board to consider deferring action on this conveyance
until more information has been presented to the Commissioners.
County Attorney Copley responded that she would be glad to check into the option for placing
the firing range as part of the Emergency Services Training Facility and the potential use of the land
for industrial development and report back to the Board.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 502
Consensus:
It was the consensus of the Board to defer action on this item until further information
is received.
Discussion on the Status of Consolidation Study
Commissioner Boseman referenced the remark by Mayor Jones regarding holding another joint
meeting within 30 days from the last meeting to discuss using another agency to conduct the study,
and she requested the County Manager to comment on this issue.
County Manager O’Neal advised that one proposal was received three weeks ago that appears
to be good; however, the National Association of Counties Legislative Conference was held from
March 2-6 in Washington, D.C., the City Manager was on vacation, and he was on vacation after the
conference. He stated that he would accept the blame for not scheduling the joint meeting; however,
a meeting will be held with the City Manager tomorrow morning, and the Board will receive a report
before the end of the week.
Discussion of Funding for the 911 Center
Commissioner Boseman requested an explanation of how the 911 Center is funded.
Deputy County Manager Atkinson responded that the 911 Surcharge can only be used to
purchase and maintain equipment; therefore, the operational cost is funded through general fund.
County Manager O’Neal advised that some proposals are being discussed by members of the
General Assembly about expanding the uses of money collected from the 911 Surcharge.
Commissioner Caster asked if the revenue collected from the use of cell phones could be used
for operational costs in the future. If this figure continues to grow, this will be a significant amount
of money.
County Manager O’Neal responded that he was not sure about the future use of revenue from
the use of cell phones, but stated that each County can determine the amount of the surcharge up to
$1.50 per phone line. The current surcharge is 50 cents and has not been increased since its inception.
This would be one way to increase revenue; however a great deal of criticism was received from the
citizens when the surcharge was implemented.
Vice-Chairman Greer referenced the need to have more figures on the surcharge fee during
the budget process and he requested County Manager O’Neal to prepare a statement showing the
surcharge fee, revenue collected, and expenditures since the implementation of this charge.
Luncheon Scheduled on Friday, March 30, 2001 with the N. C. Forest Service
Chairman Davis referenced the invitation from Mr. Amery Wells, New Hanover County Forest
Ranger of the N. C. Forest Service, and asked if the Commissioners had decided on a date for the
luncheon. He advised that any day except for April 17, 2001, would be acceptable to Mr. Wells.
Consensus:
After discussion, it was the consensus of the Board to attend a luncheon at the N. C.
Forest Service located at 1815 Gardner Drive at the Wilmington International Airport on Friday,
March 30, 2001, from 12:00 noon until 1:30 P.M.
Discussion of Letter from the Blue Ridge Environmental Defense League
Chairman Davis referenced the letter received from the Blue Ridge Environmental Defense
League regarding concern for exposure of New Hanover County school children to poisons.
Commissioner Caster suggested requesting Chairman Davis to write a letter to Ms. Janet
Marsh Zeller, Executive Director, of the Blue Ridge Environmental Defense League requesting her
to contact the Board of Education about this issue.
Consensus:
It was the consensus of the Board to request the Clerk to write a letter for the Chairman’s
signature requesting Ms. Zeller to contact the Board of Education.
MINUTES OF REGULAR MEETING MONDAY, MARCH 26, 2001 PAGE 503
nd
22 Annual Meeting of the Eastern Center for Regional Development
nd
Chairman Davis referenced the invitation to the Commissioners to attend the 22 Annual
Meeting of the Eastern Center for Regional Development and he asked if any members of the Board
were planning to attend.
County Manager O’Neal noted that over the years, the Commissioners have not attended this
meeting.
After discussion, the Board agreed that it was necessary for a Commissioner to attend the
Annual Meeting.
Joint Meeting with the Airport Authority Tentatively Scheduled for May 17, 2001
County Manager O’Neal advised that the Chairman of the Airport Authority has requested a
joint meeting with the Authority on Thursday, May 17, 2001 at 12:00 noon for dinner followed by
a Work Session.
Consensus:
After discussion, it was the consensus of the Board to request the County Manager to
check with the Airport Authority to see if it would be convenient for the Board of County
Commissioners to hold the Thursday Staff Meeting in the Conference Room at the Airport at 4:00
P.M. followed by dinner and a joint meeting.
County Manager O’Neal advised that he would contact the Chairman of the Airport Authority
and report back to the Board.
Discussion of Airlie Fence
County Manager O’Neal reported that the space for use of the Airlie fence has been realigned,
and he requested each Commissioner to visit Airlie Gardens to see the fence alignment and site where
the Maintenance Building will be located. He advised that Staff would like approval of these two
items before moving forward, and he requested each Commissioner to contact Gary Rzepecki,
Superintendent of Gardens, for a tour of the Airlie Gardens.
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 11:45 A.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board