2002-02-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 41
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 4, 2002,
at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present were: Chairman 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
Pastor Maxzine Utley of The Love Center Church and Family Worship Center gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
PRESENTATION OF CHECK FROM ABC BOARD
Commissioner Caster announced that Howard L. Armistead, Chairman of the ABC Board, called him Saturday
and expressed regret for not being able to attend the meeting because of a meeting previously called by the New Hanover
Regional Medical Center Board of Trustees.
Mr. W. R. Williams, Administrative Director of the ABC Board, informed the Board that the N. C. General
Assembly enacted a bill to appoint a Legislative Alcoholic Beverage Control Study Commission to study statewide
privatization of ABC Stores. Last year, municipalities statewide received revenue in the amount of $41.5 million, New
Hanover County received $1.1 million, and the State of North Carolina received $105 million.
Mr. Williams presented a draft resolution and requested the Board to consider adopting a similar resolution to
be forwarded to the local legislative delegation urging them to vote against privatization of ABC Stores and allowing
the present system to remain in place.
In concluding the presentation, Mr. Williams presented a check to New Hanover County in the amount of
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$148,730 representing the 4 quarter profit distribution from the sale of alcohol, and he offered to answer questions.
Discussion was held on the appointment of the Legislative Alcoholic Beverage Control Study Commission. Mr.
Williams advised that the Commission would be comprised of 13 members to study the feasibility of privatizing ABC
Stores. The members will be appointed as follows:
•Three members of the N. C. House of Representatives appointed by the Speaker of the House.
•Three members of the N. C. Senate appointed by the President Pro Tempore of the Senate.
•Three members of the public appointed by the Governor. None of these members can be State officials and two
of the three must have expertise in Alcoholic Beverage Control matters.
•Two members of the public appointed by the Speaker of the House. One member must be a municipal-elected
official and one member must have experience in business and Alcoholic Beverage Control matters.
•Two members of the public appointed by the President Pro Tempore of the Senate. One member must be an
elected county official and one member must have experience in business and Alcoholic Beverage Control
matters.
After commenting on a loss of $41.5 million in revenue to local governments if ABC Stores are privatized, Vice-
Chairman Greer asked when the Commission would complete the feasibility study.
Mr. Williams responded that appointments to the Commission will be made in the Short Session of the General
Assembly, and it appears the study process will take at least one year.
Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Williams for bringing this important
item to the attention of the Board.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Commissioner Pritchett requested removal of the minutes for the Solid Waste Special Meeting held on
December 17, 2001 until the County Manager can verify the figures regarding the debt service for the WASTAC Facility
on Page 937, Paragraph 6.
After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to remove the minutes of the Special
Meeting held on December 17, 2001, and adopt the remaining items on the Consent Agenda as presented. Upon vote,
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 42
the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting held on January 7, 2002, as presented by the
Clerk to the Board.
Acceptance of Revised Allocation for FY 2001-2002 Partnership for Children Grant for the New Hanover County
Library and Approval of Associated Budget Amendment #02-0120
The Commissioners accepted a revised allocation in the amount of $112,056 for the FY 2001-2002 Partnership
for Children Grant for the Library and approved the associated budget amendment.
Budget Amendment #02-0120-Library
AdjustmentDebitCredit
Partnership for Children Grant$63,945
Temporary Salaries$42,241
FICA$ 3,231
Telephone$ 190
Printing$ 710
Supplies$ 2,375
Books$13,370
Employee Reimbursements$ 1,828
Explanation:
To budget additional funds from the Partnership for Children Grant. Total anticipated allocation was
$96,222, actual award for FY 2001-2002 is $112,056. One-half of the original allocation of of $96,222 ($48,111) had
already been budgeted.
Acceptance of Additional Allocation from Hazard Mitigation Acquisition & Relocation Grant and Approval of
Associated Budget Amendment #2002-30 - Planning Department
The Commissioners accepted additional funding in the amount of $210,959 from the Hazard Mitigation
Acquisition & Relocation Grant for the Planning Department and approved the associated budget amendment. Funds
will be used to purchase two more properties in the program related to Hurricane Floyd. No County funds are required.
The County Manager, County Attorney, Finance Director, Planning Director and Assistant County Manager were
authorized to sign the grant agreement.
Budget Amendment #2002-030
Adjustment DebitCredit
HMGP-Federal$158,219
HMGP-State$ 52,740
Extended Project Expense$210,959
Explanation:
To increase the budget for the award of additional funding to purchase two more properties.
Approval of Administrative Office of the Courts Funding for the New Hanover County Drug Court and Approval
of Associated Budget Amendment #02-0117
The Commissioners approved the Administrative Office of the Court (AOC) “good faith” grant funding in the
amount of $94,880 for the Drug Court for FY 2001-2002 and approved the associated budget amendment. The County
presently contracts with Coastal Horizons Center, Inc. to operate the program for the County. No County funds are
required. The AOC will issue a firm contract agreement after assessing the program at mid-year.
Budget Amendment #02-0117
Adjustment DebitCredit
Administrative Office of the Courts $94,880
Contracted Services$94,880
Explanation:
To budget funding from the Administrative Office of the Courts for funding the Drug Court in New
Hanover County.
Acceptance of Technology Funding from the N. C. Department of Transportation to the New Hanover County
Human Services Transportation System and Approval of Associated Budget Amendment #02-0116
The Commissioners accepted technology funding in the amount of $2,880 from the N. C. Department of
Transportation for the New Hanover County Human Services Transportation System and approved the associated budget
amendment. The funding will be used to purchase a computer and printer. The County match of $320 is included in
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 43
the current Transportation budget.
Budget Amendment #02-0116 - Human Service Transportation
AdjustmentDebitCredit
Human Service Transportation
DOT -State Grant$2,880
Appropriate Fund Balance$2,880
Explanation:
To budget a grant awarded to the Human Services Transportation System from the N. C. Department of
Transportation for technology to purchase a computer and printer. The expense is already budgeted in the current FY
2001-02 Transportation budget; therefore, a decrease in the appropriation from fund balance is appropriate.
Adoption of Resolution Awarding Bid #02-0089 and Contract #02-0089 to Patterson Business Systems for Purchase
of a Medical Records System for the New Hanover County Health Department
The Commissioners adopted a resolution to award the contract to Patterson Business Systems, the lowest
responsible bidder, in the amount of $107,921 for purchase of a medical records system for the Health Department.
Medical records will be bar-coded which will increase security and improve efficiency in handling the records. The
County Manager was authorized to execute the contract documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.1.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Renewing Contract #97-0205 with Motorola as a Sole Source Covering the Purchase,
Delivery and Installation of 800 MHz Radio Equipment for the Emergency Management Department
The Commissioners adopted a resolution renewing the purchase contract with Motorola, Inc., which does not
require any purchase but is a term contract for the County’s use when and if radios are needed. North Carolina General
Statute 143-129(f) allows an exemption from formal bidding for purchase contracts when a needed product is available
from only one source of supply. The County currently operates a Motorola SmartNet 800 MHz trunking radio system
which is unique and can only be obtained from Motorola, Inc. The County Manager was authorized and directed to
execute the contract subject to approval of the contract form by the County Attorney.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.2.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Authorizing the Exchange of Six (6) 2000 Harley Davidson FLHPI Motorcycles from the
Sheriff’s Department for Six (6) 2002 Harley Davidson FLHPI Motorcycles and Approval of Budget Amendments
2002-31 and 02-0124
The Commissioners adopted a resolution authorizing the exchange of six 2000 Harley Davidson motorcycles
for six 2002 year model motorcycles at a cost of $300 per motorcycle with Carolina Coast Harley Davidson. The
Commissioners also approved budget amendments #2002-31 and #02-0124 for accounting purposes only to record the
disposal of the 2000 motorcycles as a sale and receipt of the new 2002 motorcycles being purchased. This action is
permitted by North Carlina General Statute 160A-271. The $300 per motorcycle covers the cost that Carolina Coast
Harley Davidson will charge to remove existing equipment such as radios from the old motorcycles to the new
motorcycles. No other County funds are required, and the County Staff is directed to process any necessary documents
to consummate the transaction.
Budget Amendment #2002-31-Federal Forfeited Property
AdjustmentDebitCredit
Federal Forfeited Property$71,675
Extended Project Expense$71,675
Explanation:
To budget funds for the exchange of five model 2000 Harley Davidson motorcycles for five model 2002
motorcycles.
Budget Amendment #02-0124
AdjustmentDebitCredit
Sale of Fixed Assets$14,335
Motor Vehicle Purchases$14,335
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 44
Explanation:
To budget revenue to be received in the exchange of a Model 2000 Harley-Davidson motorcycle with a
2002 Harley-Davidson motorcycle.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.3.
Adoption of Resolution Awarding Contract #02-0247 to Musco Lighting, Inc. to Purchase a Lighting System for
Hugh MacRae Park
The Commissioners adopted a resolution approving a contract with Musco Lighting, Inc, in the amount of
$114,729 to purchase a lighting system for Hugh MacRae Park. North Carolina General Statute 143-129 allows a
“piggyback” option of contracting with vendors who have already negotiated contracts in other states. The County
Manager was authorized to execute the contract with the contract form being approved by the County Attorney.
The lighting system will be installed for the existing four little league fields at Hugh MacRae Park. As a match
for the lighting system, Winter Park Optimist Club has agreed to reverse one of the fields to provide a better layout. The
Club will pay the expense of providing the fence, irrigation system, sod, press box, and dugouts.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XXVII, Page
15.4.
Authorization to Apply for Discretionary Rural General Public Funding Grant from the N. C. Department of
Transportation (NCDOT) to Expand the “Blue Line” Bus Service Provided by the New Hanover Transportation
Services System
The Commissioners authorized the New Hanover Transportation Services System to submit a grant application
to the NCDOT Public Transportation Division for a Discretionary Rural General Public Funding grant in the amount
of $20,000. Funding will be used to support expansion of the “Blue Line” service provided by the New Hanover
Transportation Services System. This funding must be expended by June 30, 2002. The 10% required local match will
be paid from the current budget for New Hanover Transportation Services System.
Approval of Budget Amendment #02-0123-Hurricane Expenses
The Commissioners approved the following budget amendment:
Budget Amendment #02-0123-Hurricane Expenses
AdjustmentDebitCredit
FEMA Revenues$10,000
Contracted Services$10,000
Explanation:
To increase the budget for the final expense to Post Buckley related to Hurricane Fran. This work is
complete, but it was not included in the rollover budget amendment previously adopted.
CONSIDERATION OF PROCLAMATION DECLARING FEBRUARY 2002 AS HUMAN RELATIONS
MONTH
Mr. Carl Byrd introduced Mr. Anthony Gentile and Ms. Lethia S. Hankins, members of the Human Relations
Commission, and requested adoption of a proclamation declaring the month of February as Human Relations Month in
New Hanover County.
Chairman Davis read the proclamation and requested a motion to approve the proclamation.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation declaring
Human Relations Month in New Hanover County
February 2002 as and urge all citizens to participate in the various
events and activities sponsored by the Human Relations Commission throughout the month. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis, on behalf of the Board, presented the proclamation to Chairman Gentile and expressed
appreciation to the members of the Human Relations Commission for their outstanding efforts in promoting human
relations throughout the community.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVII, Page 15.5.
RECOGNITION AND PRESENTATION OF PLAQUE TO KATIE MARRINER AS HUMAN RELATIONS
MONTH THEME WINNER
Ms. Lethia S. Hankins, a member of the Human Relations Commission, reported that Miss Katie Marriner, a
th
4 grade student at Wrightsboro Elementary School, provided the winning theme for 2002 Human Relations Month,
“Let’s Make the World a Better Place; Don’t Judge People By the Color of Their Face.”
Chairman Davis requested Miss Katie Marriner and her parents to step forward to be recognized. On behalf
of the Board, he congratulated Miss Marriner and presented a plaque to her in recognition of winning the theme contest.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 45
A round of applause was given to Miss Marriner.
RECOGNITION OF WILMINGTON BENGALS POP WARNER FOOTBALL TEAM, WILMINGTON
PANTHERS CHEERLEADERS AND COACH MIKE GRAINGER
Mr. Neal Lewis, Director of the Parks Department, reported that New Hanover County works with a variety of
athletic organizations in promoting sports, and stated when outstanding achievements are accomplished by teams, the
County enjoys recognizing these efforts. He advised that Mr. Jeff Stokley, President of the Coastal Pop Warner Football
Association, was present and would like to comment.
Mr. Stokley expressed appreciation to the Board of County Commissioners for taking time to recognize young
people for their outstanding accomplishments. The Coastal Pop Warner Association has been in existence for over 35
years as part of a national organization called Pop Warner Little Scholars. This is the only youth organization with an
academic prerequisite of a grade average of C before a youth can compete in a sport. He informed the Board that two
teams and one coach were being recognized for their outstanding efforts.
Chairman Davis read a resolution in recognition of the Wilmington Bengals Football Team who finished fourth
in the National Championship held in Orlando, Florida, in December 2001. He requested the members of the team to
step forward to be recognized.
On behalf of the Board, Chairman Davis presented the resolution to the members of the team and congratulated
them for bringing this outstanding honor to New Hanover County.
A round of applause was given to the Wilmington Bengals Football Team.
Chairman Davis read a resolution of appreciation to Mr. Mike Grainger for over 20 years of service as a
volunteer coach for youth football. He requested Mr. Grainger to step forward to be recognized.
On behalf of the Board, Chairman Davis presented the resolution to Mr. Grainger and commended him for his
years of dedicated service to the youth of New Hanover County.
A round of applause was given to Mr. Grainger.
Chairman Davis read a resolution in recognition of the Wilmington Panthers Cheerleaders who finished eighth
in the National Championship held in Orlando, Florida. He requested the cheerleaders to step forward to be recognized.
Ms. Renee Smith stepped forward to receive the resolution on behalf of the cheerleaders.
On behalf of the Board, Chairman Davis presented the resolution to Ms. Smith and congratulated the
Wilmington Panthers Cheerleaders for bringing this honor to New Hanover County.
Chairman Davis called for a motion to adopt the three resolutions.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the three resolutions as read
and presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book
XXVII, Page 15.6.
RECOGNITION OF THE AWARDS RECEIVED BY THE NEW HANOVER COUNTY LIBRARY FROM THE
NORTH CAROLINA PUBLIC LIBRARY DIRECTORS ASSOCIATION
Chairman Davis requested Library Director David Paynter and Assistant Library Director Harry Tuchmayer
to step forward to receive the Certificate of Award to the Northeast Branch Library.
On behalf of the Board, Chairman Davis read the certificate awarded to the Northeast Regional Library for
outstanding improved facility programs, and he congratulated Mr. Paynter, Mr. Tuchmayer and employees at the
Northeast Regional Library for receiving this special recognition.
Chairman Davis requested Library Director David Paynter to step forward to be recognized for being the
recipient of the Library Director of the Year Award.
On behalf of the Board, Chairman Davis read and presented the plaque to Mr. Paynter for his outstanding
leadership, inspiration and creativity to staff, patrons and trustees which has enabled the New Hanover County Public
Library to provide excellent service.
A round of applause was given to Library Director Paynter.
REPORT AND UPDATE ON THE NEW HANOVER COUNTY TIDAL CREEKS PROGRAM
Commissioner Caster spoke on serving as a member of the Tidal Creeks Advisory Board and he assured the
Commissioners that all members of the board and staff were working diligently to set aside property to enhance water
quality in the tidal creeks.
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REGULAR MEETING, FEBRUARY 4, 2002 PAGE 46
Assistant Planning Director Alex Marks presented the following update on the New Hanover County Tidal
Creeks Program.
The New Hanover County Tidal Creeks Program was established in 1998 to protect, restore, and enhance the
water quality of the six watersheds, Futch Creek, Pages Creek, Howe Creek, Bradley Creek, Hewletts Creek, and Whiskey
Creek. This program is partially funded by a $6,000,000 grant
from the N. C. Clean Water Management Trust Fund and a County match of $11,580,000 which included the acquisition
of Airlie Gardens.
During the process of developing the 1991-1993 Comprehensive Land Use Plan, concern was raised about
declining water quality in the tidal creeks. As a result, the County initiated an Estuarine Watershed Management
Program to begin gathering water quality data in the tidal creeks. The monitoring process was a partnership between
New Hanover County, Northeast New Hanover Conservancy, and UNCW with long-terms goals of assessing the
environmental health of each creek and determining the sources of pollution. In 1998, New Hanover County received
the money from the N. C. Clean Water Management Trust Fund to implement the water quality studies.
The following strategies have been developed for use of the $6,000,000 N. C. Clean Water Management Trust
Fund grant. The amount allocated to each strategy can be moved from one project to another if necessary.
-Acquisition of Airlie Gardens: $2,000,000 N. C. Clean Water Funding
(Completed)$9,500,000 County Funding
-Acquire riparian buffer areas and$2,000,000N. C. Clean Water Funding
conservation easements$ 500,000County Funding
-Implement constructed water$2,000,000N. C. Clean Water Funding
quality enhancement projects$ 500,000County Funding
The first step was to establish an Advisory Board to make recommendations to the Board of County
Commissioners on implementing these strategies. The Advisory Board is comprised of the following members: John
Jefferies, Chairman; Carlton Fisher, Vice-Chairman; Commissioner William A. Caster; Mayor Harper Peterson; Charles
Wakild, N. C. Clean Water Management Trust Fund; Scott McClendon, U. S. Army Corps of Engineers; Don Cook,
CP&L Environmental Coordinator; Marian T. McPhaul, UNCW-Executive Director of Cape Fear River Program;
William Frank Gage, Smith-Gage Architects; David P. Thomas, Jr., D. P. Thomas Construction Company; and Julie
T. Tracy, Nestle USA-Accounting Manager.
The following accomplishments have been made:
1.Airlie Gardens was acquired, and this area will continue to serve as a buffer along Bradley Creek as well as
provide an outdoor laboratory educational site for students and interested citizens.
2. A half-acre parcel adjacent to Howe Creek was purchased last summer with assistance from the Northeast New
Hanover Conservancy. Wetlands on the site will be restored and a drainage pipe that transports untreated
stormwater runoff directly to the creek will be removed.
3. A stream restoration project has been undertaken at the Pine Valley Golf Course to stabilize a badly eroded
drainage feature that empties into the headwaters of Hewletts Creek. Several groups participated in the project,
including the City of Wilmington Stormwater Services Division, Cape Fear Resource Conservation and
Development, Inc., and North Carolina Sea Grant.
4. A Homeowners Guide to Lawn Care and Water Quality Best Management Practices was produced with
assistance from Agronomy and Horticultural Services, LLC; the UNCW Center for Marine Science; the North
Carolina Coastal Federation, New Hanover County Soil and Water Conservation, and the N. C. Cooperative
Extension Service. The guide contains information about various types of grasses, vegetated buffers, pet waste,
and mowing. Copies are available at the New Hanover County Planning Department and area lawn and
garden centers.
In closing, Assistant Planning Director Marks presented pictures of the property acquired adjacent to Howe
Creek, and before and after pictures of the Pine Valley stream restoration project.
He offered to answer questions.
After hearing no questions from the Board, Chairman Davis expressed appreciation to Mr. Marks for the
presentation.
CONSIDERATION OF DRAINAGE CONCERNS IN GREENBRIAR SUBDIVISION
County Engineer Wyatt Blanchard advised that Staff has received a request from residents living in Greenbriar
Subdivision to see if anything can be done to resolve flooding of the entrance road during normal rainfalls. After
assessing the area, Staff found that a problem does exist down stream from the culvert under Greenbriar Road. The
bottom of the down stream ditch has filled to an elevation higher than the pipe causing water to flood onto the street.
Once the ditch is cleaned, the flooding problem should be resolved.
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REGULAR MEETING, FEBRUARY 4, 2002 PAGE 47
With large trees on the ditch banks, it is impossible to clean the ditch using equipment unless the trees are
removed. Due to the difficulty in finding hand labor to clean the ditch, Staff is in the process of acquiring written
permission to enter the properties with a prison crew to remove the brush and the debris from the ditch. As of this date,
one property owner has not given written permission.
Under the New Hanover County Storm Water Management Ordinance, every landowner is responsible for
maintaining and cleaning a ditch running across their property. If the Board approves the project, written notification
will be forwarded to each landowner giving that person an opportunity to clean out the ditch or be assessed the cost
charged to the County for cleaning the ditch.
Chairman Davis asked if any member of the Board would like to comment.
Commissioner Caster asked Mr. Blanchard why one property owner did not return the written permission form.
County Engineer Blanchard responded that the property owner was concerned about removal of trees and the
vegetated buffer along the ditch.
Commissioner Boseman referenced the difficulty in finding hand labor and asked if the Good Shepherd group
had been contacted for persons to perform this work.
County Engineer Blanchard responded that Human Resources is in the process of trying to find groups or
agencies that have persons interested in this type of hand labor.
Chairman Davis asked if anyone from the public would like to speak.
Hearing no comments, Chairman Davis requested direction from the Board.
Consensus:
After further discussion, it was the consensus of the Board for Staff to proceed with cleaning out the ditch
pursuant to the New Hanover County Storm Water Management Ordinance.
ADOPTION OF RESOLUTION IN SUPPORT OF LEGISLATION REQUESTING THE NORTH CAROLINA
GENERAL ASSEMBLY TO REQUIRE VOTER APPROVAL BEFORE THE CITY OF WILMINGTON CAN
ANNEX AN AREA
Chairman Davis advised that this item was presented as an additional item at the January 22, 2002 meeting and
the Board deferred action until it could be placed on the Regular Agenda to receive public input. He asked if anyone
from the public would like to speak in favor of the Board adopting a resolution to support the request by the Wilmington
City Council to amend its Charter to require voter approval of an area before it is annexed by the City.
No public comments were received.
Chairman Davis asked if anyone from the public would like to speak in opposition to the resolution.
No public comments were received.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt a resolution in support of
the Wilmington City Council’s request to the N. C. General Assembly to amend the City’s charter to require voter
approval of an area before it can be annexed by the City.
Commissioner Pritchett spoke on wrestling with this issue since reading the newspaper article written by Si
Cantwell regarding the fact that if annexation had not occurred, the City of Wilmington would be a small town without
much growth. She stated that she had not made up her mind about voting to adopt the resolution.
Chairman Davis expressed appreciation to Commissioner Pritchett for her remarks and stated she had made
an excellent point. He noted there are two sides to this issue and said he felt that people in areas to be annexed should
have the right to vote before being annexed by the City.
After hearing no further remarks, Chairman Davis called for a vote on the motion to adopt the resolution. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.7.
ADOPTION OF ORDINANCE REGULATING THE PRESENCE OF DOGS ON MASON INLET BEACH
Chairman Davis announced this was the second reading of an ordinance to regulate the presence of dogs at
Mason Inlet Beach and stated the public would be given an opportunity to comment.
Chairman Davis explained that since a condition of the U. S. Fish and Wildlife Service permit was to regulate
the presence of dogs during the monitoring process, the ordinance was prepared to comply to this requirement. He also
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 48
advised that the Wrightsville Beach Board of Aldermen had not officially taken action to enforce the ordinance; however,
if the Board of Aldermen decides not to enter into an interlocal agreement, the Sheriff’s Department can perform the
enforcement if needed.
In concluding his remarks, Chairman Davis stated that it was his understanding when monitoring has been
performed for one year by the U. S. Fish and Wildlife Service, any citizen can request the Board to revisit the ordinance
and make appropriate changes.
Assistant County Manager Weaver explained that in order to amend the ordinance, approval would have to be
received from the U. S. Fish and Wildlife Service. He also noted that monitoring will occur at a reduced rate over the
30-year period; however, after the first year, U. S. Fish and Wildlife Service has agreed to discuss the ordinance once
the monitoring data has been collected.
Commissioner Caster said at the last meeting, Staff was directed to work with U. S. Fish and Wildlife Service
and citizens interested in having a doggie beach over the next year to see if some changes could be made to the ordinance
to allow the dogs back on the beach.
Chairman Davis requested Assistant County Manager Weaver to report on the status of allowing pet owners
to use the northern end of Carolina Beach within the County’s jurisdiction.
Assistant County Manager Weaver reported that after discussion with officials from the Town of Carolina Beach
about the use of the northern end as a doggie beach under the jurisdiction of the Town, there was no interest in altering
the existing Management Plan to accommodate this use. Discussion has also been held with two pet owners about using
the portion of the northern end of Carolina Beach under the jurisdiction of the County. An effort is being made to
arrange a trip with Sergeant John Murray to determine if a suitable area can be found for a doggie beach.
Discussion was held on using Fort Fisher or the southern end of Wrightsville Beach for a doggie beach.
Assistant County Manager Weaver advised that the State of North Carolina would have to rule on the use of Fort Fisher
and the Wrightsville Beach Board of Aldermen would have to decide on use of the southern end of Wrightsville Beach.
He stated that he felt neither the State or Board of Aldermen were interested in allowing this use.
Chairman Davis requested the County Attorney to read the ordinance into the record before voting on the issue:
The following ordinance was read into the record:
AN ORDINANCE OF THE NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 5,
Animals, Article I, of the New Hanover County Code be amended as follows:
(1) Add a new section to be designated:
Section 5-15. Dogs Prohibited on Mason Inlet Beach and Public Riparian Property at Certain Times,
Places: No person shall allow a dog on the public beach of the Atlantic Ocean or other public riparian
property within any portion of the unincorporated County situated on Wrightsville Beach Island north of the
Town boundary lines, whether on a leash or not, at any time between the dates of April 1 and September 20
of each year.
(2) Add a new section to be designated:
Section 5-26. Dogs Running At-Large Prohibited at Mason Inlet Beach and Public Riparian Property: It
shall be unlawful for the owner of a dog to allow the animal to be off the premises of his owner and not on a
leash within any portion of the unincorporated County situated on Wrightsville Beach Island north of the Town
boundary lines.
Except as specified referenced herein, the existing provisions of Chapter 5 shall remain in full force and effect.
This the 4th day of February 2002.
Chairman Davis asked if anyone from the public would like to comment.
No public comments were received.
Chairman Davis requested a motion to adopt the ordinance.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt an ordinance amending
Chapter 5, Animals, Article I, of the New Hanover County Code by adding two sections to prohibit dogs on Mason Inlet
Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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REGULAR MEETING, FEBRUARY 4, 2002 PAGE 49
Chairman Davis requested the Board to enter into an interlocal agreement with the Town of Wrightsville Beach
contingent upon approval by the Board of Aldermen.
Assistant County Manager Weaver requested the County Attorney to add Section 5-26 to the last sentence on
Page 1 of the interlocal agreement.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to enter into a revised interlocal
agreement adding Section 5-26 with the Town of Wrightsville Beach contingent upon approval by the Wrightsville
Beach Board of Aldermen. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.8. The ordinance will be codified into the New Hanover County Code.
A copy of the interlocal agreement is on file in the Legal Department.
Chairman Davis requested Staff to report back to the Board when the interlocal agreement is approved by the
Wrightsville Beach Board of Alderman.
PUBLIC HEARING TO CONSIDER SUPPORT FOR DESIGNATION OF FUTCH CREEK AS AN
OUTSTANDING RESOURCE WATERS (ORW)
Chairman Davis opened the Public Hearing.
Senior Planner Chris O’Keefe reported in July 2001, the Northeast New Hanover Conservancy requested the
N. C. Environmental Management Commission (EMC) to upgrade the classification of Futch Creek from SA to
Outstanding Resource Waters (ORW). Letters of endorsement have also been submitted by the County’s Tidal Creeks
Advisory Board, the N.C. Coastal Federation and the Pender County Soil and Water Supervisors. In November 2001,
this agenda item was postponed to allow time for the Pender County Board of Commissioners to review the request. A
letter of endorsement was received from the Pender County Board of Commissioners in late December, 2001. The N.C.
Division of Water Quality has asked New Hanover County to justify the reclassification.
The major difference between a SA and ORW classification is that “high density” development can occur along
SA waters, while no high density development can occur within 575 feet of the shoreline of ORW waters. High density
development, according to State regulations, is where lots are less than 1/3 of an acre or the impervious surface is greater
than 25%. High density development requires an engineered storm water design that retains up to 1 ½ inches of the
rainfall.
In concluding the presentation, Senior Planner O’Keefe requested the Board to consider supporting the
designation of Futch Creek as an ORW. He offered to answer any questions.
Chairman Davis asked if anyone from the public would like to speak.
Hearing no comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to support the reclassification of
Futch Creek in New Hanover County as an Outstanding Resource Waters (ORW). Upon vote the MOTION CARRIED
UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 6:20 P.M. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Davis reconvened to Regular Session at 6:46 P.M.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed
on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
ADDITIONAL ITEMS
Brief Report on FEMA Integrated Emergency Management Course Held in Mt. Weather, Virginia
Commissioner
Pritchett reported that she and Vice-Chairman Greer attended a FEMA Emergency Management Course on bio-terrorism
last week and stated she learned a great deal about the subject. She spoke on being grateful for the County staff and
associated teams who have given so much effort to ensure that New Hanover County is as well prepared as any county
can be to handle
incidents of this type. It is hoped that the procedures learned will never have to be used, but the citizens can be assured
that emergency management in New Hanover County is in good shape.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 50
Announcement of Promotion of Dr. Rebecca Porterfield to Vice-Chancellor of UNCW
Commissioner Caster informed the Board that Dr. Rebecca Porterfield had been promoted to Vice-Chancellor
of UNCW.
Discussion of One-Half Cent Sales Tax Enacted by the N. C. General Assembly
Commissioner Casterspoke on a memo received from Ed Regan, Deputy Director of the N. C. Association of
County Commissioners, regarding the State half-cent sales tax enacted by the General Assembly to sunset on June 30,
2003. He noted that this legislation was enacted to allow the State to discontinue state reimbursements to counties for
the intangible and inventory taxes effective July 1, 2003. In the same legislation, the General Assembly allowed counties
to implement a half-cent local option sales tax at any time not to become effective until July 1, 2003, to replace State
reimbursements. He stated that the Commissioners will have to decide before July 1, 2003 if this one-half sales tax
should be implemented in New Hanover County.
Commissioner Caster also spoke on the grim situation of the State budget and the fact that reimbursements to
counties may be held up again this year. He stated if this should occur, the one-half cent sales tax the State is now
collecting will not be used for reimbursements to counties which will be a double hit to local governments. The
Commissioners and Staff should closely monitor the actions taken by the Governor and State Budget Office.
Discussion of Selling County Assets
Commissioner Caster commented on reading an article where Mecklenburg County was selling some of its
assets and he requested the County Manager to review the list of assets owned by the County to see if any can be sold
to generate additional revenue.
County Manager O’Neal advised that a list of assets will be part of the recommendation for the upcoming budget
process.
Discussion of Shifts for Sheriff’s Department
Commissioner Boseman commented on reading in the NACo County News that a Sheriff’s Department in Ohio
had implemented 12-hour shifts in an effort to save money. She asked County Manager O’Neal to review any type of
reorganization of shifts that would still protect the people but save money for the County.
County Manager O’Neal advised that he would be glad to check into this matter and report back to the Board.
Discussion of Wake County Pilot Project with the N. C. Property Tax Division to Develop a Tax Computer
Software System To Share With Other Counties
Commissioner Boseman asked if New Hanover County could benefit from the tax computer software system
being developed by Wake County and the N. C. Property Tax Division.
Deputy County Manager Atkinson responded that Wake County has completed the first portion of the tax
computer software system. Once the information is received, Staff will determine if the software is suitable for New
Hanover County. The Board will be informed once the data is received.
Discussion of Bureau of Land Management Assisting Counties to Preserve Open Space
Commissioner Boseman commented on reading about the Bureau of Land Management assisting counties to
preserve open space, and she asked if anyone knew about the program.
County Manager O’Neal responded that the Bureau of Land Management works basically with western and mid-
western states who have large tracts of open space that are federally owned; therefore, he did not feel the County would
be eligible to receive assistance.
Appointment of County Manager O’Neal or His Designee to Serve on the Military Affairs Committee
Chairman Davis spoke on writing a letter to Mr. Hugh MacRae II, Chairman of the Military Affairs Committee,
about appointing a member of the County Administrative Staff to represent the Board of County Commissioners on the
Committee. A letter has been received from Mr. MacRae and he has no problem with a member of staff serving in this
capacity. He asked if the Board would like to make an appointment tonight or wait until the next meeting.
County Manager O’Neal advised that he or a member of his staff would be glad to serve in this capacity.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to authorize County Manager O’Neal or his
designee to serve on the Military Affairs Committee as the representative for the Board of County Commissioners. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Employees Experiencing Problems With Fumes in the Clerk of Courts Office and Register of Deeds
Office
Chairman Davis advised that due to employees in the Register of Deeds Office and Clerk of Courts Office
experiencing problems with fumes in the newly renovated office, he had directed Deputy County Manager Atkinson to
prepare a report to update the Commissioners on the status of this situation so every step can be taken to protect the
health and well being of County employees working in these offices.
Deputy County Manager Atkinson assured the Board that Staff would take the necessary steps to protect the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 51
health and welfare of County and State employees working in the Register of Deeds Office and Clerk of Courts Office.
He presented a chronological report on events that have occurred to the current date.
Clerk of Courts - Criminal Vault Area:
Oct. 1, 2001When the waterproofing construction was occurring in the vault area of the Register of Deeds Office,
fumes from this work caused employees to feel sick. The Clerk of Courts moved the Criminal Division
to the second floor until the fumes were removed from the area.
Nov. 1, 2001When carpet was being installed in the Register of Deeds Office, the fumes began to bother the
employees and the Clerk of Courts moved the employees to the second floor until the odor subsided.
Dec.13, 2001 A Property Management employee was working on the new HVAC system in the Clerk of Courts
Office and spilled a small amount of lube oil in the vault. The employee cleaned the spill and thought
the problem had been resolved. A few days later, fumes began to bother some employees and Property
Management was contacted.
Dec.18, 2001The Property Management Director notified Safety Officer Mike Winebar of the smell in the Clerk’s
vault and the Safety Officer checked and noticed an odd odor. It was found that the smell was being
created by some left over lube oil. The Safety Officer closed the Criminal Division of the Clerk of
Courts Office on December 18 and 19, 2001 to clean the spill. A company was also hired to go
through the HVAC and clean all the ducts.
Dec. 19, 2001OSHA was requested to come in and investigate the odor. Mr. Jeff Roberts, the OSHA Health
Compliance Officer, conducted an air sampling test of the vault area and stated it was safe for
employees to return to the area. Later a letter was received from Ms. Kim Austin, Supervisor of the
Bureau of Compliance, N. C. Department of Labor, dated January 10, 2002 to Mr. Mike Winebar, New
Hanover County Safety Officer, that reads as follows:
A Health Compliance Officer from the Bureau of Compliance of the North Carolina
Division of Occupational Safety and Health conducted an inspection of your site in
Wilmington, North Carolina, on December 19, 2001 and held the closing conference
on December 27, 2001. The Compliance Officer identified no apparent violations
of North Carolina OSHA safety and health standards or regulations.
If you have any questions or comments about our program or about your inspection,
please do not hesitate to contact us.
Dec. 24, 2001 - Dec. 26, 2001: Clerk of Courts Office closed for the Christmas Holidays.
Dec. 27, 2001OSHA Compliance Officer returned to conduct more air sampling tests. No detectable harmful
atmosphere was noted.
Jan. 16, 2002Property Management had Fleming Heating and Air Company to clean the HVAC duct work in the
vault area.
Jan. 18, 2002Human Resources received a letter from OSHA stating that the Health Compliance Officer identified
no apparent violations of safety or health standards or regulations concerning air sampling tests in the
vault area.
The Clerk of Courts and Staff continue to be concerned, but no violations have been found at this time. The
new HVAC system has been ordered and will be installed upon arrival, which should be within two weeks.
Register of Deeds Office Area:
Employees have moved into the renovated Register of Deeds Office, which has a new
HVAC System in that section of the basement.
Jan. 22, 2002The New Hanover County Safety Officer Mike Winebar and Project Manager Max Maxwell were
notified of a smell in the Register of Deeds Office. They visited the area after the building had been
closed for three days due to the Martin Luther King, Jr. holiday on January 21, 2002. During this
time, a power outage occurred in downtown Wilmington and power was restored on Tuesday morning,
January 22, 2002. The building did not have any heating or cooling for three days and the Safety
Officer and Project Manager felt this was the reason for the odor.
Jan. 24,2002After the odor continued, Safety Officer Mike Winebar contacted the local OSHA Office and requested
an inspector to come back and check the Register of Deeds Office. Mr. Carl Weatherington, OSHA
Safety Compliance Officer, inspected the office and said he would come back on January 28, 2002, to
conduct some air sampling tests. He also suggested opening the windows to allow fresh air to flow
through the building. The windows were opened.
Jan. 25, 2002The County Manager requested Safety Officer Winebar to make arrangements with Mr. Richard
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 52
Spivey of Law and Company to conduct independent air sampling tests of the Register of Deeds Office.
Jan. 28, 2002OSHA Health Compliance Officers Jeff Roberts and John Austin conducted air sampling tests in the
Register of Deeds Office and vault area.
Jan. 29, 2002Law and Company did a walk through to determine what tests needed to be conducted.
Jan. 31, 2002Law and Company conducted on-site air sampling tests of the Register of Deeds Office and vault as
well as the vault area in the Clerk of Courts Office. The architect, BMS Architects, PC, was requested
to have the mechanical contractor review the new HVAC system to be sure everything was functioning.
The mechanical contractor, McFadyen & O’Briant, Consulting Engineers, Inc., reviewed the HVAC
system and wrote a letter dated February 4, 2002, stating there were no problems with the new system.
Feb. 1, 2002 The fresh air intake of the HVAC system was opened during the weekend to create air flow in the
Register of Deeds Office. This was repeated from 3:00 P.M. each afternoon until 7:00 A.M. the next
morning. The welding on top of the building will be completed this week which will allow the air
intake to remain open at all times.
Feb. 4, 2002 Partial test results were transmitted by Law and Company to Safety Officer Winebar. The test on the
1-2 Butalstyline (an off gas from the new carpet) came back without any traceable amounts.
Deputy County Manager Atkinson informed the Board that on Friday, February 1, 2002, Ms. Rebecca T.
Christian, Registrar of Deeds, had to receive medical assistance from 911 because of difficulty with breathing. As a
result of this incident, Ms. Christian and Staff decided to establish two shifts to prevent employees from working in the
area eight hours at one time.
In concluding the presentation, Deputy County Manager Atkinson informed the Board that no test results at
this point have indicated any violations of safety and health standards. It is hoped that the problem stems from air
particles created by cutting rock on the construction site of the Judicial Building expansion and from off gases with
installation of the new carpet. Staff will continue to monitor the site on a daily basis.
Chairman Davis asked if any member of the Board would like to comment.
After hearing no comments, he expressed appreciation to Deputy County Manager Atkinson for the report and
requested him to keep the Board informed of any new developments.
Discussion of Draft Resolution Presented by the Administrative Director of the ABC Board
County Manager referenced the draft resolution presented by Mr. W. R. Williams, Administrative Director of
the ABC Board, and asked if the Board would like for Staff to prepare a resolution to consider at the next meeting
scheduled for February 4, 2002.
After discussion, Chairman Davis requested the County Manager to prepare a resolution for the next meeting.
Announcement of Castle Hayne Community Meeting Scheduled for February 5, 2002
Planning Director Hayes informed the Board that a meeting is scheduled on Tuesday, February 5, 2002, at 6:30
P.M. in the Riverside Park Building, 6810 Old Bridge Site Road, Castle Hayne, N. C. The purpose of the meeting is to
inform the community about the availability of financial assistance to very low to moderate income households with
paying the costs to hook onto the Castle Hayne Sewer System upon its completion.
Planning Director Hayes invited the Commissioners to attend the meeting.
Adoption of Resolution to Request Old Avenue to be Added to the State Highway System
County Manager O’Neal advised that Mr. Lanny Wilson, a member of the N. C. Department of Transportation,
has requested the Board to adopt a resolution to add Old Avenue to the State Highway System.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt a resolution requesting the
N. C. Department of Transportation to add Old Avenue to the State Highway System.
Commissioner Caster commented on the need to provide proper notification to adjacent property owners and
suggested placing this item on the next Consent Agenda. He expressed concern for bringing in a routine item as an
additional item and stated that an additional item should be an issue that needs immediate attention.
Parks Director Neal Lewis explained that discussion had been held for a number of years about the need to pave
Old Avenue. At a meeting of the Parks and Recreation Advisory Board in December, a lengthy discussion was held on
this matter and Vice-Chairman Greer (the Commissioner representative on the Parks and Recreation Advisory Board)
offered to write a letter to Mr. Lanny Wilson requesting the road to be added to the State Highway System. The letter
was written and the local office of the N. C. Department of Transportation needs the road petition and resolution to
consider adding Old Avenue to the State Highway System.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 4, 2002 PAGE 53
Commissioner Caster requested Staff not to present additional items of this type at future meetings.
After hearing no further comments, Chairman Davis called for a vote on the motion to adopt the resolution
requesting that Old Avenue be added to the State Highway System. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 15.9.
Announcement of the N. C. Board of Transportation Meeting Being Held in New Hanover County on March 5-7,
2002
County Manager O’Neal advised that Division 3 of the N. C. Department of Transportation will be hosting a
monthly meeting of the N. C. Board of Transportation on March 5-7, 2002. He informed the Board that the Chamber
of Commerce, New Hanover County, City of Wilmington, Town of Carolina Beach, Town of Kure Beach, and the Town
of Wrightsville Beach have been asked to serve as co-hosts for a dinner during the event. He noted that this item would
be placed on the next agenda.
CLOSED SESSION
Chairman Davis advised that the County Attorney has requested a Closed Session pursuant to N.C.G.S.143-
318.11(5) regarding the acquisition of real property and pursuant to N.C.G.S.143-318.11(a)(3) regarding pending
litigation. He called for a motion to convene to Closed Session.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened from Regular Session to Closed Session at 8:15 P.M.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to reconvene to Regular Session.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Regular Session at 8:46 P.M.
Chairman Davis reported that pursuant to N.C.G.S.143-318.11(5), the Board in Closed Session gave Staff
instructions regarding the acquisition of real property. He advised that when or if an agreement is executed, the terms
will be announced in public session.
Chairman Davis reported that pursuant to N.C.G.S.143-318.11(a)(3), the Board in Closed Session gave
instructions to the County Attorney regarding a pending litigation matter.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 8:58 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board