2002-08-19 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 291
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, August 19, 2002, at
9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia
Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell
phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board
of County Commissioners.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mr. Carl Byrd, Director of Human Relations, gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
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.
Vice-Chairman Greer requested removal of Consent Agenda Item 3 for discussion and a separate vote.
After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent
Agenda with the exception of Item 3.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 3 from the Consent
Agenda and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution to Participate in the N. C. Local Government Debt Setoff Program
The Commissioners adopted a resolution authorizing County Staff to prepare the necessary documents to
participate in the Debt Setoff Program as authorized by N.C.G.S. 105A to set off certain debts owed against a debtor’s
tax refund. The Chairman was authorized to execute the necessary documents to participate in the program, and the
County Manager (or his designee) was designated to hold hearings and conduct the necessary proceedings.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 25.1.
Acceptance of Retired Senior Volunteer Program (RSVP) Grant for FY 2002-2003 and Approval of Associated
Budget Amendment # 03-0003
The Commissioners accepted the RSVP Grant for FY2002-2003 in the amount of $57,000 and approved
associated budget amendment #03-0003. The County's contribution is included in the RSVP budget for 2003. The grant
supports funding for approximately 600 volunteers working in New Hanover County, and this is the third year of a
three-year grant cycle. Since $54,808 has already been budgeted, the budget amendment is for the difference between
the budgeted amount and the amount of the actual grant award.
Budget Amendment #03-0003-Aging
AdjustmentDebitCredit
RSVP Grant$2,192
Salaries $3,543
Contracted Services$ 150
Telephone $ 211
Printing$ 361
Training and Travel$ 270
Volunteer Mileage$2,343
Explanation: To increase the budget to the actual amount of grant award for FY 2002-2003.
Adoption of Resolution to Build Animal Control Spay/Neuter Facility and Approval of Associated Budget
Amendment #03-0024
The Commissioners adopted a resolution authorizing the construction of an Animal Control Spay/Neuter
Facility subject to the following conditions: (1) utilize Property Management Department as the contractor and work
force; (2) approve the project budget and associated budget amendment #03-0024; (3) award contract #03-0034 to
Sweeney-Henderson Architecture, PA, to provide architectural services; and (4) authorize the Animal Control Services
Director, Health Department Director, Finance Director and County Manager to act on behalf of the County regarding
management and construction of the building. The Chairman was authorized to execute the necessary documents.
The estimated cost of the project is $54,900 which includes cost for construction of the facility and a
contingency of $8,400. Donations and money accumulated in the Animal Control Trust Fund for improvements over
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 292
the years will be used to pay for the new facility.
Budget Amendment #03-0024-Public Health/Animal Control
AdjustmentDebitCredit
Other$54,900
Other Improvements$54,900
Explanation: To budget donations received to improve conditions for animals through Animal Control Services.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 25.2.
A copy of the contract is on file in the Legal Department.
Acceptance of FY 2002-2003 HUD Cooperative Agreement Continuation Grant for the Human Relations
Department and Approval of Associated Budget Amendment #03-0016
The Commissioners accepted a HUD Cooperative Agreement Continuation Grant to Human Relations
Department in the amount of $51,500 and approved associated budget amendment #03-0016.
Budget Amendment #03-0016-Human Relations-HUD
AdjustmentDebitCredit
HUD Grant$1,500
Travel and Training$1,500
Explanation: To increase the budget to the actual amount of FY 2003 HUD grant award. (Budgeted at $50,000;
actual amount of award is $51,500).
Approval of Change in Positions Funded by the N. C. Grassroots Science Collaborative Grant from Temporary
to Regular Positions
The Commissioners approved changing the status of three positions at the Cape Fear Museum funded by the
N. C. Grassroots Science Collaborative Grant from temporary to regular employees. The incumbents will be allowed
to participate in the N. C. Local Governmental Employees' Retirement System, and will be enrolled in that system in
accordance with existing County policy. In addition, the incumbents will be required to sign a statement acknowledging
that even with the position status change, it is understood that continued employment is subject to acceptable
performance and the availability of grant funds.
Approval of Collection Settlement Reports for 2001 and Charge the Collector of Revenue with the 2002 Tax Levy
The Commissioners approved the Collection Settlement reports for 2001 and charged the Collector of Revenue,
Patricia J. Raynor, with the 2002 tax levy.
Copies of the reports and charge to the Collector of Revenue are hereby incorporated as a part of the minutes
and are contained in Exhibit Book XXVII, Page 25.3.
Release of Tax Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers:
Benson, Mary Padrick$ 40,593
Brinkley, Joyce$ 67,975
Broome, Elizabeth A.$ 55,291
Cuilwik, Rosalie M.$ 86,269
Fountain, Lynn B.$ 1,630
Gaines, Theddius S.$ 31,850
Givens, Major J.$ 56,178
Greene, Bernice W.$ 20,000
Harris, Jeanette Roberts$ 43,986
Johnes, Paul$213,796
Justice, Marguerite$ 25,038
Kroeker, Dorothy L.$ 44,354
Rivenbark, Marie M.$ 20,000
Smith, Edward S. Elnora L.$ 46,598
Whatley, Margie Long$ 64,466
The Commissioners released the following taxpayers from late listing penalties as it was their first offense:
Akin, Mark K. Business$ 16.65
Carolina Beach Grocery Co.$ 15.32
Computer Connections, Inc.$ 3.68
Craig, Kathleen Weibel$ 3.48
Cranfill, Sumner & Hartzog, LLP$ 11.12
CRS, LAS Inc.$210.89
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 293
Eastern Aluminum Supply, Inc.$ 6.92
Flint, Samuel A. Jr. Evelyn$ 7.71
Kilmar, Inc.$ 2.55
Medac$105.87
Medac Corporate Health$ 6.38
Medac II$115.62
Powell, William Douglas$ 3.83
Printers Alley$ 16.87
Regis Corp.$ 24.79
Southwind Equipment Leasing, LLC$ 33.47
Taltons Clearing Cont. Inc.$131.10
Trade Secret$ 48.77
The Commissioners approved delinquent applications for exemption from the property tax for the following
organization:
Wilmington Zion Housing Development CorpRO4809-030-003-000
RO5406-013-012-000
Acceptance of Tax Collection Reports As of June 30, 2002 and July 31, 2002
The Commissioners accepted the following Tax Collection Reports as of June 30, 2002 and July 31, 2002, 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 XXVII, Page 25.4.
Authorization for the Library to File an Application for State Aid to Public Libraries
The Commissioners authorized the New Hanover County Public Library to file the Maintenance of Effort
Report & Declaration and State Aid applications so New Hanover County can receive its share from the Aid to Public
Libraries Fund. The signed forms must be submitted by August 28, 2002. The Library anticipates receiving $178,253
for fiscal 2002-2003. This amount has been included in the Library's 2003 budget. State Aid has been reduced because
New Hanover County reduced its local appropriation for fiscal year 2003 by $210,855.
Approval of Budget Amendment #03-0019-Cooperative Extension
The Commissioners approved the following budget amendment:
Budget Amendment #03-0019-Cooperative Extension
AdjustmentDebitCredit
Revenue-Other$45,000
Cooperative Extension Expense$45,000
Explanation: To establish the budget for FY 2002-2003 for extended projects of Cooperative Extension.
Approval of Budget Amendment #03-0013-Various Departments
The Commissioners approved the following budget amendment:
Budget Amendment # 03-0013-Various Departments
Adjustment Debit Credit
General Fund:
County Commissioners:
Appropriated Fund Balance$1,274,582
NHC-TV:
Administrative Reserve$ 90,000
Information Technology:
Contracted Services$ 100,000
Board of Elections:
Temporary Salaries$ 120,000
Rent$ 2,750
Equipment Rent$ 12,000
Contracted Services$ 22,167
Postage Expense$ 11,600
Printing Charges$ 112,000
Departmental Supplies$ 8,000
Public Safety Communications:
Computer Expenses$ 4,456
Capital Outlay - Equipment$ 72,588
Juvenile Day Reporting Center:
Building Modification$ 76,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 294
Budget Amendment # 03-0013-Various Departments (Continued)
Adjustment Debit Credit
Airlie Gardens:
Contracted Services$ 130,000
M & R - Buildings & Grounds$ 128,000
Public Health/Administration:
Computer Expenses$ 23,289
DSS/Adoption Assistance:
Special Child Adoption$ 39,232
Parks:
Other Improvements$ 26,500
Museum:
M & R - Buildings & Grounds$ 296,000
Environmental Management Fund:
Appropriated Fund Balance$ 16,235
Waste To Energy:
WASTEC-Maintenance:
M & R - Equipment$ 16,235
Water & Sewer District Fund:
Appropriated Fund Balance$1,085,000
Water & Sewer Engineering:
Capital Project Expense$1,085,000
Explanation: To rollover the following expenditures from FY 2001-2002 to FY 2002-2003. The above items
were budgeted in FY 2001-2002, but completion of the transaction or project did not occur prior to June 30,
2002.
General Fund:
NHC-TV: Funds for continued improvements in NHC-TV.
Information Technology: Funds for e-government.
Board of Elections: Funds for primary election postponed from FY 2001-2002 to FY 2002-2003.
Public Safety Communications Center: Funds to continue the Computer Aided Dispatch upgrade.
Juvenile Day Reporting: Funds for continued renovation of building.
Airlie Gardens: Funds for maintenance and improvements to gardens.
Public Health: Funds for continued installation of a computer system started in FY 2001-2002.
Department of Social Services: To carry over unexpended grant funds the County received from a Special Child
Adoption Fund.
Parks: Funds for drainage and ball field improvements at Hugh MacRae Park.
Museum: Funds for stucco repair.
Environmental Management: Funds for the completion of the bag houses.
Water & Sewer District: Funds for capital projects.
Approval of Budget Amendment # 03-0017-Aging
The Commissioners approved the following budget amendment:
Budget Amendment # 03-0017-Aging
AdjustmentDebitCredit
Other revenue-Senior Center$1,100
Temporary Salaries$1,100
Explanation: To budget funds received from the sale of Ensure to cover cost of Senior Center temporary staff
to handle the switchboard for two hours per day.
Approval of Budget Amendment # 03-0018-Library-Partnership for Children
The Commissioners approved the following budget amendment:
Budget Amendment # 03-0018-Library-Partnership for Children
AdjustmentDebitCredit
Partnership for Children Grant$ 2,968
Salaries$21,554
Temporary Salary$20,318
FICA$ 95
Retirement$ 1,213
Disability Insurance$ 46
Telephone$ 100
Printing$ 187
Supplies$ 342
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 295
Budget Amendment # 03-0018-Library-Partnership for Children (Continued)
AdjustmentDebitCredit
Books$ 4,478
Employee Reimbursements$ 376
Training and Travel$ 75
Explanation: To increase the budget to the actual amount of the grant award for first quarter of FY 2002-2003.
Approval of Budget Amendment # 03-0020-Juvenile Day Reporting Center-Governor’s Crime Commission
The Commissioners approved the following budget amendment:
Budget Amendment # 03-0020-Juvenile Day Reporting Center-Governor’s Crime Commission
AdjustmentDebitCredit
GCC Grant$10,330
Salaries$7,946
FICA$ 608
Retirement$ 860
Medical Insurance$ 916
Telephone$1,200
Cellular Expense$1,200
Postage$ 600
Supplies$ 5,400
Books/Periodicals$2,280
Dues and Subscriptions$ 120
Explanation: To adjust the budget to the actual amount of the grant award for FY 2002-2003. The budgeted
amount was $334,852 and the actual grant award was $345,182.
Approval of Budget Amendment # 03-0021-Various Departments
The Commissioners approved the following budget amendment:
Budget Amendment # 03-0021-Various Departments
AdjustmentDebitCredit
General Fund:
County Commissioners
Appropriated Fund Balance$980,379
NHC-TV:
Capital Outlay - Equipment$12,666
Information Technology:
Contracted Services$36,511
M & R - Equipment$ 8,968
Departmental Supplies$ 4,121
Computer Expenses$45,385
Capital Outlay - Equipment$15,520
Tax:
Other Improvements$12,744
Board of Elections:
M & R - Equipment$ 1,118
Register of Deeds:
Contracted Services$27,639
Computer Expenses$ 9,559
Capital Outlay - Equipment$ 8,945
Property Management:
Contracted Services$15,583
M & R - Buildings & Grounds$95,712
M & R - Street Signs$ 6,340
Building$49,329
Parking Lot$15,360
Non-Departmental:
Miscellaneous$17,820
Other Improvements$17,823
Public Safety Communications:
Departmental Supplies$ 1,915
Contributions To Outside Agencies$12,492
Computer Expenses$70,544
Sheriff/Administration:
Computer Expenses$10,177
Sheriff/Jail:
M & R - Buildings & Grounds$ 2,800
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 296
Budget Amendment # 03-0021-Various Departments (Continued)
AdjustmentDebitCredit
Sheriff/Uniform Patrol:
Auto Supplies$ 300
Motor Vehicle Purchases$14,766
Courts/Clerk of Superior Court:
Departmental Supplies$ 1,277
Inspections:
Computer Expenses$ 8,049
Planning:
Contracted Services$ 9,163
Airlie Gardens:
Advertising Cost$ 1,130
Contracted Services$76,456
M & R - Buildings & Grounds$85,490
Printing Charges$ 3,743
Computer Expenses$ 737
Departmental Supplies$ 6,858
Signage$13,850
Public Health/Vector Control:
M & R - Buildings & Grounds$ 1,781
Other Improvements$ 600
Public Health/Bioterrorism:
Other Improvements$ 900
Computer Expenses$ 5,400
Public Health/Administration:
Other Improvements$22,275
Computer Expenses$ 1,474
Public Health/Board Members:
Contracted Services$42,500
Public Health/Epidemiology:
Contracted Services$56,000
M & R - Equipment$ 2,500
Departmental Supplies$42,731
Capital Outlay - Equipment$ 5,000
Social Services/Administration:
Contracted Services$13,681
Computer Expenses$ 5,838
Aging/Senior Center:
Computer Expenses$ 1,940
Parks:
Contracted Services$ 8,345
Radios$ 1,980
Other Improvements$12,250
Museum:
Contracted Services$10,044
M & R - Buildings & Grounds$ 7,798
Printing Charges$ 4,500
Departmental Supplies$ 6,918
Computer Expenses$ 2,508
Capital Outlay - Equipment$ 2,526
Fire District Fund/Fire Departments:
Appropriated Fund Balance$21,163
Contracted Services$ 2,800
Radios$ 1,086
Firefighting Supplies$ 4,570
Computer Expenses$ 6,607
Fire Services Operations:
M & R - Equipment$ 352
Departmental Supplies$ 3,253
Firefighting Supplies$ 2,495
Environmental Management Fund:
Landfill Operations:
Appropriated Fund Balance $560,510
Contracted Services $327,252
WASTEC/Administration:
Contracted Services$ 47,800
WASTEC/Maintenance:
Contracted Services$ 13,894
M & R - Buildings & Grounds$ 2,000
M & R - Equipment $169,564
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 297
Budget Amendment # 03-0021-Various Departments (Continued)
AdjustmentDebitCredit
Water and Sewer District Fund:
Appropriated Fund Balance $211,055
Water and Sewer Engineering:
Contracted Services$115,864
Contracted Services.-Test/Water System$ 13,877
Sewer Treatment Charges$ 2,543
M & R - Equipment$ 12,089
Departmental Supplies$ 992
Capital Project Expense$ 4,995
Capital Outlay - Equipment$ 60,695
Explanation: To budget appropriated fund balance for outstanding purchase orders as of June 30, 2002. The
amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the
payment against the fiscal year in which it was paid (adopted in the budget ordinances for FY 2002-2003 dated
June 17, 2002).
Approval of Budget Amendment #03-0022-Social Services/Administration/Crisis Intervention Program
The Commissioners approved the following budget amendment:
Budget Amendment #03-0022-Social Services/Administration/Crisis Intervention Program
AdjustmentDebitCredit
DSS Administrative Grants$33,094
Assistance Payments$33,094
Explanation: To budget additional state dollars for the Crisis Intervention Program. No additional County
funds are required.
Approval of Budget Amendment # 2003-02-Sheriff-Federal Forfeited Property
The Commissioners approved the following Budget Amendment:
Budget Amendment # 2003-02-Sheriff-Federal Forfeited Property
AdjustmentDebitCredit
Federal Forfeited Property$3,612
Interest Earnings 2,470
Extended Project Expense$6,082
Explanation: To increase the budget for additional revenue received and budget interest earned on the project.
Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as
deemed necessary by the Sheriff.
Approval of Budget Amendment #2003-03-Sheriff-Controlled Substance Tax
The Commissioners approved the following Budget Amendment:
Budget Amendment #2003-03-Sheriff-Controlled Substance Tax
AdjustmentDebitCredit
Controlled Substance Tax $1,532
Interest Earnings 2,370
Extended Project Expense$3,902
Explanation: To increase the budget for additional revenue received and to budget interest earned on the project.
Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as
deemed necessary by the Sheriff.
Approval of Budget Amendment #2003-04 for the Tidal Creeks Capital Project/Airlie Gardens
The Commissioners approved the following budget amendment:
Budget Amendment #2003-04 for the Tidal Creeks Capital Project/Airlie Gardens
AdjustmentDebitCredit
Tidal Creeks:
Capital Project Expense$40,000
Transfer to General Fund (Airlie Gardens)$40,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 298
Budget Amendment # 2003-004 Tidal Creeks Capital Project/Airlie Gardens (Continued)
AdjustmentDebitCredit
Airlie Gardens:
Transfer in from Capital Project (Tidal Creeks)$40,000
Salaries$40,000
Explanation: To adjust the Tidal Creeks Capital Project budget and Airlie Gardens operating budget to reflect
the transfer of $40,000 from the capital project to Airlie Gardens to cover the salary/fringe of an Environmental
Educator/Volunteer Coordinator position approved by the Board of County Commissioners on April 1, 2003.
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 3 - AWARD OF CONTRACT TO AIR
TECHNIQUES, INC. TO UPGRADE THE CONTINUOUS EMISSION MONITORING SYSTEM AT THE
WASTEC FACILITY, UNITS A1 AND 2A
Vice-Chairman Greer objected to spending $300,000 to upgrade the two units with air emission equipment when
the City and beach municipalities are paying for a study to determine the most economical way to dispose of solid waste.
Commissioner Caster agreed with the remarks by Vice-Chairman Greer and stated time should be allowed for
the study to be completed before spending $300,000.
Chairman Davis asked Staff if delaying the work until the study has been completed by the municipalities would
create a problem.
Mr. John Hubbard, Plant Manager, responded that with a completion date of December 2004 for the upgrade,
a delay of several months should not be a problem. The reason for proceeding with the continuous emission monitoring
system (CEMS) upgrade is to assist the department with determining whether the nitrogen oxide equipment has to be
installed. He also advised that the time table for installing the CEMS will be approximately four to five months.
Commissioner Pritchett referenced the contract with Air Techniques, Inc. and asked if there was a cancellation
clause.
Mr. Hubbard responded that most contracts have a 30-day cancellation clause; however, since this company has
performed other work at WASTEC, it might be possible to extend the cancellation period.
In further discussion, County Manager O’Neal advised that the amount budgeted in the current fiscal year for
the project is $340,000 and stated that the bid came in at $315,000 which is an excellent price for installing the
equipment. If the project is delayed, the bid will not be valid and the project will have to be re-bid, which will probably
increase the cost of the installation work.
Chairman Davis commented on the public being concerned about emissions from the WASTEC Facility and
noted that the upgrade will ensure that no harmful emissions are going into the air, which is of concern to everyone in
the County.
Chairman Davis asked if any other member of the Board would like to comment. Hearing no one speak, he
called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution to award the
bid to Air Techniques, Inc. in the amount of $315,000 to upgrade the continuous emission monitoring system for Units
1A and 2A at the New Hanover County WASTEC Facility and to authorize the Chairman to execute the necessary
contract documents. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted
in opposition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 25.5.
A copy of the contract is on file in the Legal Department.
PRESENTATION OF “CLASS ACT” AWARDS
Chairman Davis requested County Manager O’Neal to provide a summary of the outstanding jobs being
performed by the three employees selected to receive Class Act Awards.
County Manager O’Neal stated that it was a pleasure to present awards to these three employees who have
achieved the class act status. He requested Mr. Robert Ward, Maintenance Mechanic Supervisor at the WASTEC
Facility, to step forward to receive an award.
County Manager O’Neal informed the Board that Mr. Robert Ward has worked overtime identifying and
repairing problems that were costing WASTEC and the County considerable losses in revenues. He has been
instrumental in reducing maintenance overtime by directly supervising almost every major job or project requiring
overtime. His ability to pull together a crew at the last minute to work late demonstrates his exceptional interpersonal
skills with his staff. Many of the overtime hours worked by Mr. Ward have been on holidays and weekends, keeping
him away from his family. His actions have saved WASTEC and New Hanover County thousands of dollars in avoiding
costly delays and the use of expensive outside contractors.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 299
Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Robert Ward and expressed
appreciation to him for his outstanding job performance and supervisory skills that have saved a significant amount of
money for the WASTEC Facility and New Hanover County.
County Manager O’Neal requested Mr. Myron Geno Gore, Plant Maintenance Mechanic at the WASTEC
Facility, to step forward to receive an award.
County Manager O’Neal reported that on many occasions when WASTEC has experienced equipment failures
that require working late into the night, Mr. Gore has been right there leading the way to make repairs. He has worked
through holidays such as Christmas staying away from his family to repair equipment at WASTEC. He has worked
through every hurricane during his employment at WASTEC, demonstrating his willingness to go above and beyond
the call of duty for New Hanover County and the WASTEC Facility. His production is such that, when working the
evening shift from 3:30 P.M. to 11:30 P.M., he generally gets more work accomplished than any other mechanic. This
was demonstrated when he completely installed a large shaft, sprockets, bearings and gear reducer on a conveyor using
only employees on his shift for help. Tasks of this magnitude normally require two experienced mechanics. Mr. Gore
has a “can do" attitude and takes pride in completing tasks ahead of schedule.
Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Myron Geno Gore and expressed
appreciation to him for his outstanding job performance and mechanical skills that have saved money for the WASTEC
Facility and New Hanover County.
County Manager O’Neal requested Mr. Billy Ray Hinson, Plant Maintenance Mechanic at the WASTEC
Facility, to step forward to receive an award.
County Manager O’Neal reported that Mr. Hinson is always one of the first to volunteer, setting an example
for the rest of the crew. He is the only code welder at the WASTEC Facility, making him one of the County’s most
valuable employees. His ability to perform code welding procedures, often in very dangerous and difficult environments,
demonstrates his exceptional welding skills. In the area of reverse engineering and steel fabrication, his abilities are
unparalleled. Mr. Hinson has received four letters of appreciation for previous exceptional performance. On several
occasions, he has pulled together a team to make emergency repairs to get critical equipment back on line avoiding costly
delays and use of expensive outside contractors.
Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Billy Ray Hinson and expressed
appreciation to him for his outstanding job performance and welding skills that have saved money for the WASTEC
Facility and New Hanover County.
A round of applause was given to all three employees.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service awards:
Years of Service
David B. Dailey, Engineering Department 5
Shawndra L. Underwood, Department of Social Services 5
Sean D. Jones, Sheriff's Department10
George A. Canady, WASTEC Facility10
Kevin Foss, Sheriff's Department 15
Alexander Hawkins, WASTEC Facility 15
Benjamin S. Smith, Sheriff’s Department20
David Paynter, New Hanover County Library20
James Allen Golden, Inspections Department25
Joan CoCo, New Hanover County Library 30
Chairman Davis, on behalf of the Board, presented service awards to each employee and expressed appreciation
to them for their dedicated years of service.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized:
Loraine Furr, Water & Sewer Finance
Benjamin Bobzien, Fire Services
Linda Retson, Health Department
Gaysheron Bell, Health Department
Jeffrey Williams, Inspections Department
Melissa Thomas, Juvenile Day Treatment Center
Rebecca Dotterer, Cape Fear Museum
Eve Carr, Cape Fear Museum
Jeffrey Zuege, Cape Fear Museum
Thomas Malpass, Property Management
Randy Tripp, Property Management
Matthew White, Property Management
Randall Hamilton, Property Management
Gloria Bowens, Sheriff’s Department
Nichole Burroughs, Department of Social Services
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 300
Chairman Davis, on behalf of the Board, welcomed these new employees to New Hanover County Government
and wished them success with their new positions.
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING TO THE FINANCE DEPARTMENT
County Manager O’Neal reported that the Certificate of Achievement for Excellence in Financial Reporting
is presented by the Government Finance Officers Association of the United States and Canada to government units and
public employee retirement systems whose comprehensive annual financial reports achieve the highest standards in
government accounting and financial reporting. This is the 21st year that the New Hanover County Finance Department
has received this outstanding award.
Chairman Davis, on behalf of the Board, presented the award to Finance Director Bruce Shell and Assistant
Finance Director Julie Griffin and complimented the Finance Department and its employees for receiving this
outstanding accomplishment for 21 years.
FIRST YEAR ANNIVERSARY OF THE NEW HANOVER COUNTY GOVERNMENT ACCESS TELEVISION
Public Information Officer Mark Boyer reported on the success of the New Hanover County Government Access
Television System during its first year of operation. He stated that since August 2001, regular meetings of the Board
of County Commissioners have been aired and coverage has been expanded to include meetings of the New Hanover
County Planning Board, public service announcements, town hall forums, and the production of informational and
promotional videos for use by the public.
Public Information Officer Boyer expressed appreciation to the Board of County Commissioners for
appropriating funds to create the Access Television System and to the citizens for being persistent about Board meetings
being televised. He also recognized Mr. Eric Peterson, his Technical Assistant who manages the control booth behind
the camera, and stated that he had played a major part in making the first year such a success.
In closing, a video was shown highlighting some programs that have been aired during the first year of the
Access Television System.
Chairman Davis, on behalf of the Board, expressed appreciation to Public Information Officer Mark Boyer and
Technical Assistant Eric Peterson for the excellent job performed in creating a successful television system that allows
County government to better communicate with its citizens.
ACKNOWLEDGMENT OF NEW HANOVER COUNTY BOARD OF EDUCATION FY 2002-2003 BUDGET
RESOLUTION
Budget Director Cam Griffin presented the FY 2002-2003 Budget Resolution for the New Hanover County
Schools that was adopted by the New Hanover County Board of Education on July 1, 2002 for the purpose of informing
the Board of County Commissioners and the public. She stated that approval of the resolution is not required; however,
the Board should acknowledge the resolution and approve the use of fund balance (local funds) in the amount of $1
million to fund current expenses in the FY 2002-2003 Board of Education budget.
Commissioner Pritchett emphasized the importance of citizens understanding that the $1 million from the
County was removed from an account set aside to be used for schools and does not reduce the amount of money
contributed by the County to the New Hanover County School System.
Chairman Davis complimented the Board of Education for the cooperative manner in which the budget was
presented during a difficult budget year.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to acknowledge the Budget Resolution
presented by the New Hanover County Board of Education. Upon vote the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AMENDMENT TO CHAPTER 38, OFFENSES, ARTICLE IV, BREACH OF PEACE, NEW
HANOVER COUNTY CODE ON FIRST READING
Sergeant John Murray reported that deputies issuing citations are concerned about charging a set fine of $500
for breaching the peace. Most ordinances have graduated fines that begin at $100 for the first violation, $300 for the
second, and $500 for the third violation. Normally, the $300 fine stops a person from committing future violations.
Many breach of peace violations are involved with drug loitering or persons urinating in public. Currently, there is no
statute on the books to criminally charge a person for breaching the peace, which is the reason for requesting the
ordinance. Records are kept each time a deputy responds to a beach of peace call; therefore, it is not difficult for a deputy
to check the CAD System to know when a person has committed a second or third offense. He requested the Board to
consider a graduated fine approach for the first, second, and third violations.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend Chapter 38, Offenses,
Article IV, Breach of Peace of the New Hanover County Code to reflect a graduated tier beginning with $100 for the first
violation, $300 for the second violation, and $500 for the third violation.
Commissioner Pritchett commented on the discharge of fire arms and suggested amending the motion to impose
a set $500 fine for this violation.
Amended Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend Chapter 38,
Offenses, Article IV, Breach of Peace as presented with a graduated tier of $100 for the first violation, $300 for the
second violation, and $500 for the third violation and amend Section 38.106(b) with a set fine of $500 for each discharge
of firearms violation. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 301
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 25.6. This amendment will be codified into the New Hanover County Code.
REQUEST FOR ADDITIONAL DEPUTY AND BAILIFF POSITIONS TO SECURE AND MAINTAIN THE
NEW JUDICIAL BUILDING EXPANSION TABLED UNTIL SEPTEMBER 16, 2003
County Manager O’Neal advised that Sheriff Lanier has removed this item from the agenda and requested the
Board to consider it on September 16, 2002.
Consensus:
After discussion, it was the consensus of the Board to table this item until September 16, 2002.
APPROVAL OF THE SOUTHEASTERN MENTAL HEALTH CENTER CONTINUING TO OPERATE AS AN
AREA AUTHORITY
Dr. Art Costantini, Director of the Southeastern Center, reported that House Bill 381, an Act to Phase in
Implementation of Mental Health System Reform was ratified in October 2001. This legislation requires each Board
of County Commissioners to declare and notify the Secretary of Health and Human Services of its intent to provide
mental health services through an existing area authority, county program, or a multi-county interlocal agreement. A
county program (single ) will provide services to local residents only and will be funded entirely by the County. In the
multi-county scenario, services will be provided to several counties via one lead county; and the area authority serves
multiple counties, with each county participating in the funding of the authority on a pro-rata basis. Choice of the
structure requires service to a population of not less than 200,000 or a targeted minimum number of five counties served
by the program.
Under the existing structure, mental health services are provided to the citizens in New Hanover County via
the Southeastern Center, an area authority, along with Brunswick County and Pender County. The Southeastern Center
desires to continue providing services as an area authority.
Commissioner Pritchett, the Commissioner Representative on the Southeastern Center Board of Directors,
commented on the success of the Southeastern Center and requested the Board to allow this agency to remain as an area
authority.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to declare and notify the Secretary
of Health and Human Services that it is the intent of the New Hanover County Board of Commissioners to continue to
provide mental health services to citizens of New Hanover County through the Southeastern Center, an area authority
serving New Hanover County, Brunswick County and Pender County. Upon vote the MOTION CARRIED
UNANIMOUSLY.
AWARD OF THE CAPE FEAR MUSEUM EXTERIOR RENOVATIONS PROJECT CONTRACT TO
PARAGON BUILDING CORPORATION
Mr. Bruce F. Bowman, AIA with BMS Architects, PC, reported that the proposed metal clad system will provide
a double wall insulated metal panel system with a 20-year finish warranty and 10-year weather tightness warranty. This
product was bid under an alternate and after examination is determined to be a superior material. He requested the Board
to award the base bid for the exterior metal clad system and Alternate G2 in the amount of $444,940. He suggested
waiting to award Alternate G-1 for sidewalk repairs until more is known about the amount of framing repair that may
be hidden in areas of the exterior wall of the building. The project should be completed in five months and the capital
project budget should be sufficient to complete the exterior and sidewalk repairs.
Chairman Davis asked if any member of the Board would like to comment.
Commissioner Pritchett commented on discussing the product with a member of the Museum Board of Trustees
and reported that the Trustees are pleased with the metal clad system recommended by Mr. Bowman.
Vice-Chairman Greer asked if any money had been secured from the company that previously performed the
stucco work.
County Manager O’Neal responded that approximately $15,000 was recovered from that company.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to award the contract for
renovation of the exterior of the Cape Fear Museum building to Paragon Building Corporation, the lowest responsible
bidder, in the amount of $444,940 and authorize the Chairman to execute the necessary contract documents. Upon vote
the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
CONSIDERATION OF REQUEST FROM WILMINGTON HOUSING AUTHORITY FOR WAIVER OF
INSPECTION PERMITS AND FEES
Commissioner Boseman requested to be recused from voting since she has been involved with several issues
regarding the Wilmington Housing Authority.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to recuse Commissioner Boseman from
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 302
discussing or taking action on this item. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Mr. Benjamin J. Quattlebaum, III, Executive Director of the Wilmington Housing Authority, explained that after
being hired as the Director of Housing Authority on November 1, 2001, he inherited a backlog of unexpended funds for
renovation and capital improvement work at existing development sites. In an effort to prevent losing the funds if the
money was not obligated by March 2002, Staff worked diligently to be sure that contracts were awarded and the money
was expended. The Housing Authority is requesting the Board to waive the inspection fees for existing projects in 2000
and 2001. In the future, the inspection fees will be included for all building projects.
Chairman Davis requested an explanation of when the law changed to charge inspection fees to these types of
organizations.
Director of Inspections Jay Graham advised that a letter was received from the Attorney General in 1978 saying
that housing authorities were exempt from all fees. The Attorney General at that time interpreted the statute to mean
that housing authorities would not have to pay for permit and inspection fees. The writing of the law changed in the
mid-90's and clearly noted that housing authorities were not exempt from permit and inspections fees; however, the
intent of the law was to exempt housing authorities from paying taxes. At that time the New Hanover County Inspections
Department changed its schedule and charged fees to the Wilmington Housing Authority.
Chairman Davis asked when the Wilmington Housing Authority was notified of the change.
Director Graham responded that discussion began at the end of last year and the beginning of this year.
Discussion was held with the former Executive Director of the Housing Authority and a date of March 1, 2002 was set
to begin charging fees. At that time, Mr. Quattlebaum contacted the Inspections Department and discussion was held
on the change. All parties understand the dilemma of the Housing Authority; however, it is difficult to understand why
grant funds cannot be used for construction costs, which include inspection fees.
In further discussion, Chairman Davis noted that the Housing Authority has requested waiving $64,000 in fees
and asked what period of time this waiver would represent.
Director Graham responded that he was not sure and stated the $64,000 figure is an estimate based on services
provided by the Inspections Department. The fees could range up to $80,000.
After a lengthy discussion on this being a dilemma for the Housing Authority, Chairman Davis reminded all
parties involved that technically, New Hanover County could go back to the mid-90's and recover the fees that should
have been charged, which would be more than $64,000; however, the County is not interested in pursuing this issue.
After hearing no further comments from members of the Board, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to deny the exemption request by the
Wilmington Housing Authority for inspection fees charged prior to March 1, 2002. Upon vote, the MOTION CARRIED
4 TO 0. Commissioner Boseman was recused from voting on this item.
BREAK
Chairman Davis called a break from 10:30 A.M. until 10:45 A.M.
ESTABLISHMENT OF A PLANNING TASK FORCE TO DEVELOP A LAND USE PLAN FOR THE AREA
AROUND THE U. S. HIGHWAY 17 BYPASS
Assistant County Manager Dave Weaver reported at the June 17, 2002, meeting of the Board of County
Commissioners, Staff was requested to prepare a recommendation for establishing a Planning Task Force to develop a
land use plan for areas that will be impacted by the U. S. Highway 17 Bypass. After studying the issue, Staff
recommends that the Task Force be comprised of two members of the Planning Board selected by that board and five
citizens at-large selected by the Board of County Commissioners. Another alternative would be to allow the Planning
Board to serve as the Task Force and present a recommendation to the Commissioners in July 2003.
Chairman Davis asked if any member of the Board would like to comment.
Commissioner Pritchett commented on the amount of development that will occur in this area during the next
six months and suggested receiving a preliminary report by January 1, 2003, so the Commissioners will have some
direction on how to address zoning issues in this area.
Assistant County Manager Weaver advised that he felt a preliminary report could be provided by late January
and stated that Planning Director Hayes and Mr. Rodney Harris, Chairman of the Planning Board, were present and
could respond to this question.
Commissioner Caster commented on the work already assigned to the Planning Board and asked Mr. Harris
if a new assignment would be too much for the Board to handle with other planning responsibilities.
Mr. Harris responded that discussion has been held by the Planning Board about serving as the Task Force
because many members are interested in focusing on planning for specific areas of the County.
Vice-Chairman Greer advised that he felt the Planning Board should become more involved in planning to avoid
some of the situations that have occurred throughout the County.
Mr. Harris agreed with Vice-Chairman Greer and advised that a plan should be developed as soon as possible.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 303
Over the years, many two lane roads have become major corridors and these areas are no longer suitable for residential
development. If these areas are studied and a plan is prepared, the number of requests for special use permits should
be reduced. The entire community needs to know where commercial and residential development should occur on
remaining land left in New Hanover County.
Commissioner Boseman spoke on not being in favor of the Planning Board serving as the Task Force because
the public is concerned about future growth; therefore, five citizens should be appointed as at-large members.
Commissioner Pritchett agreed with Commissioner Boseman and stated that public representation is needed.
Further discussion was held on the composition of the Task Force. Assistant County Manager Weaver suggested
appointing 5 at-large members and later appointing representatives from various categories.
After discussion of allowing three weeks to advertise, Chairman Davis recommended establishing the Task
Force and directing the Clerk to the Board to advertise for recruitment of applicants so the members could be appointed
in October.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to form the Task Force as
recommended with 7 members, 2 appointed by the Planning Board and 5 at-large citizens appointed by the Board of
County Commissioners, to study not only the Highway 17 Bypass area but other areas in the County, and direct the Clerk
to advertise as soon as possible so the appointments can be made by the Board.
Commissioner Pritchett expressed concern for appointing a Task Force to study more than one area because of
different interests in separate areas. She suggested establishing a Task Force to study the impact of the Highway 17
Bypass and later consider the appointment of another Task Force to study a specific area.
Vice-Chairman Greer disagreed and stated that all areas should be studied for future development.
Substitute Motion:
After a lengthy discussion, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett,
to establish a Task Force comprised of 2 members of the Planning Board and 5 at-large citizens appointed by the Board
of County Commissioners to plan for the impact of development around the U. S. Highway 17 Bypass, direct the
Planning Board to appoint two members, direct the Clerk to the Board to advertise as soon as possible so appointments
can be made on October 7, 2003, and request a preliminary report by March 2003 and the final report by July 2003.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
After further discussion the Board agreed to request the Planning Board to make recommendations on other
growth sensitive areas that might need to be reviewed by a Task Force.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis announced that Item 2 on the Water and Sewer Agenda pertaining to the final assessment for
the Wilmington Hanby Beach Water and Sewer Project has been moved to the Regular Agenda since action by the Board
of County Commissioners is required to confirm the final assessment and establish the payment term and interest rate.
Chairman Davis convened from Regular Session to hold a regular meeting of the Water and Sewer District at
11:30 A.M. He reconvened to Regular Session at 11:36 A.M.
COMMITTEE APPOINTMENTS
ppointments to the Adult Care Home Community Advisory Committee
A
Chairman Davis announced that six vacancies needed to be filled on the Adult Care Home Community Advisory
Committee. He reported that two applications were received with one applicant, Jennifer Marie Sanders, desiring to be
reappointed.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Jennifer Marie Sanders
to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire August 31,
2005, and appoint Mort Levine to serve an initial one-year term to expire August 31, 2003. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
After discussion on the importance of recruiting applicants to serve on the Adult Care Home Community
Advisory Committee and Nursing Home Community Advisory Committee, Public Information Officer Mark Boyer was
requested to use the Government Access Channels to inform the public about functions of these committees, and the
Clerk to the Board, Lucie F. Harrell was requested to contact the newspaper about preparing an article in the volunteer
section to encourage recruitment.
Appointments to the Board of Mechanical Examiners
Chairman Davis announced that three vacancies needed to be filled on the Board of Mechanical Examiners as
follows:
1 - Mechanical Journeyman - Class I
1 - Mechanical Journeyman - Class II
1 - Mechanical Journeyman - Class III
He reported that three applications have been received for the Class I Journeyman position, with one applicant,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 304
Charles T. Ohnmacht, Sr., being eligible for reappointment; three applications have been received for the Class II
Journeyman position, with one applicant, Larry W. Lee, being eligible for reappointment; four applications have been
received for the Class III Journeyman position with one applicant, Michael Joseph Hauk, being eligible for
reappointment.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Charles T. Ohnmacht,
Larry W. Lee, and Michael Joseph Hauk to serve second terms on the Board of Mechanical Examiners in their respective
categories, with the terms to expire August 31, 2004. Upon vote the MOTION CARRIED UNANIMOUSLY.
Appointments to the Library Advisory Board
Chairman Davis announced that four vacancies, including one unexpired term ending on August 31, 2004,
needed to be filled on the Library Advisory Board. He advised that seven applications have been received with two
applicants, Mary E. Hatcher and Robert E. Lenzner, being eligible for reappointment.
Chairman Davis opened the floor to receive nominations.
Chairman Davis nominated Mary Stewart Hood. The nomination was seconded by Commissioner Boseman.
Commissioner Caster nominated Mary E. Hatcher and Robert E. Lenzner for reappointment. The nomination
was seconded by Commissioner Boseman.
Commissioner Pritchett nominated Allison Rankin. The nomination was seconded by Commissioner Caster.
Commissioner Caster nominated Eleanore L. Lipscomb-Warren. The nomination was seconded by
Commissioner Pritchett.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote on
the reappointment of Mary E. Hatcher.
Vote:
The Board voted unanimously to reappoint Mary E. Hatcher to serve a second term on the Library Advisory Board
with the term to expire August 31, 2005.
Chairman Davis called for a vote on the reappointment of Robert G. Lenzner.
Vote:
The Board voted 4 to 1 to reappoint Robert E. Lenzner to serve a second term on the Library Advisory Board with
the term to expire August 31, 2005. Chairman Davis, Vice-Chairman Greer, Commissioner Caster, and Commissioner
Pritchett voted in favor of the reappointment.
Chairman Davis called for a vote on the appointment of Allison Rankin.
Vote:
The Board voted 4 to 1 to appoint Allison Rankin to serve a three-year term on the Library Advisory Board with
the term to expire August 31, 2005. Commissioner Pritchett, Commissioner Boseman, Commissioner Caster, Vice-
Chairman Greer voted in favor of the appointment.
Chairman Davis called for a vote on the appointment of Mary Stewart Hood.
Vote:
The Board voted 3 to 2 to appoint Mary Stewart Hood to serve a three-year term on the Library Advisory Board
with the term to expire August 31, 2005. Chairman Davis, Vice-Chairman Greer, and Commissioner Boseman voted
in favor of the appointment.
Chairman Davis called for a vote on the appointment of Eleanore L. Lipscomb-Warren.
Vote:
The Board voted 3 to 2 to appoint Eleanore L. Lipscomb-Warren to serve a three-year term on the Library Board
with the term to expire August 31, 2005. Commissioner Caster, Commissioner Pritchett, and Commissioner Boseman
voted in favor of the appointment.
Chairman Davis announced that since a tie vote was received on the appointment of Mary Stewart Hood and
Eleanore L. Lipscomb-Warren, the Board would have to re-vote to determine who would fill the remaining vacancy.
He also requested the Board to designate the person who should fill the unexpired term.
After discussion of Ms. Hatcher receiving a unanimous vote, Mr. Lenzner receiving four votes, and Ms. Rankin
receiving four votes, the Board agreed to assign the unexpired term to either Ms. Hood or Ms. Lipscomb-Warren
depending on the outcome of the vote.
Chairman Davis called for a re-vote on the appointment of Eleanore L. Lipscomb-Warren.
Re-Vote:
The Board voted 2 to 3 to appoint Eleanor L. Lipscomb-Warren. Commissioner Caster and Commissioner
Pritchett voted in favor of the appointment.
Chairman Davis called for a re-vote on the appointment of Mary Stewart Hood.
Re-Vote:
The Board voted 4 to 1 to appoint Mary Stewart Hood to fill the unexpired term on the Library Advisory Board
with the term to expire August 31, 2004. Chairman Davis, Vice-Chairman Greer, Commissioner Boseman, and
Commissioner Caster voted in favor of the appointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 305
Chairman Davis requested the Clerk to the Board to notify Ms. Hatcher, Mr. Lenzner, Ms. Hood, and Ms.
Rankin of their appointments to serve on the Library Advisory Board.
CONSIDERATION OF NAME FOR NEW COUNTY PARK
Mr. Jim Medlin, a member of the New Hanover County Parks and Recreation Advisory Board, requested the
Board of County Commissioners to consider naming the new County park located off I-40 after William David
Halyburton, Jr., a Medal of Honor Recipient from World War II, who is a forgotten hero. He reported that Mr.
Halyburton was a graduate of New Hanover High School, a member of Winter Park Presbyterian Church, and a candidate
for the ministry under the care of the Wilmington Presbytery. He served in the U.S. Navy as a Pharmacist's Mate, Second
Class and received the Medal of Honor while serving with a Marine Rifle Company in the 2nd Battalion, 5th Marines,
1st Marine Division, during action against enemy Japanese forces on Okinawa. After being struck by a Japanese bullet
for a second time, he instantly placed himself in the direct line of fire and unselfishly sacrificed his life to save a fallen
helpless marine on May 10, 1945.
In closing, Mr. Medlin stated that naming a passive County park in recognition of Mr. Halyburton’s brave act
would be an appropriate memorial to this Medal of Honor Recipient.
Commissioner Caster spoke on confusion about inclusion of Mr. Halyburton’s service as part of the Veterans
Park Complex and noted that Mr. Wilbur Jones, a local historian, has researched this issue and feels that Mr. Halyburton
should be recognized at Veterans Park; however, if another park is named after Mr. Halyburton, this action will virtually
remove his name from consideration. He suggested waiting because discussion is being held by the Board of Education
and another opportunity could arise to honor this Medal of Honor Recipient at Veterans Park.
Mr. Medlin responded that after discussing this matter with other veterans, it is felt that Mr. Halyburton should
be honored now instead of waiting until some indefinite date.
Chairman Davis advised that no one intentionally overlooked Mr. Halyburton, and stated that he would prefer
to wait and see if there is an opportunity to honor Mr. Halyburton at Veterans Park since this is the appropriate place
to recognize his act of bravery.
Consensus:
After a lengthy discussion on contacting the Board of Education about future plans for naming recreational
fields, other buildings, or changing the name of Veterans Park Drive to Halyburton Drive, County Manager O’Neal was
requested to contact the Board of Education about their plans to honor Mr. Halyburton and contact the Parks and
Recreation Advisory Board about naming a park in honor of this Medal of Honor Recipient. The County Manager was
requested to report back to the Board.
PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE NEW HANOVER COUNTY ZONING
ORDINANCE AND SUBDIVISION ORDINANCE (A-33-20, 08/02)
Planning Director Hayes reported that on July 8, 2002, the Board of County Commissioners continued this item
until the August 19, 2002, meeting in order to allow time for Staff to provide more options concerning approval
procedures for Subdivisions and Performance Residential project appeals. After surveying several urban counties
throughout the State of North Carolina, the following recommendations were made by the Planning Staff and Planning
Board.
Planning Staff Recommendation:
Reconstitute Technical Review Committee (similar to models used in Durham and
Guilford Counties) to be comprised of five (5) members: Chairman of the Planning Board or that Board’s appointee;
one member from the Technical Review Committee; one member from the Planning Staff; the Fire Marshal; and a
representative from the Engineering Department. Decisions made by the Technical Review Committee could be appealed
within 30 days to the Planning Board. If the appeal was not resolved at this level, it would be heard by the Board of
County Commissioners.
Planning Board Recommendation:
Membership of the TRC would consist of the Planning Staff, one Planning Board
member designated by the Chairperson, and other appropriate staff review agencies such as Engineering, Fire Services,
and transportation who normally review subdivision plans. Appeals from the Technical Review Committee would be
heard by the Planning Board as a Public Hearing item after the County Attorney determines that the appeal was properly
filed. If the matter is appealed beyond the Planning Board, the County Commissioners should have the discretion to
hear the appeal or send it to Superior Court. The Planning Board also recommends that future Technical Review
Committee agendas be available on the County’s website and a presentation made by the Planning Staff on all Technical
Review Committee approvals at each regularly scheduled Planning Board meeting.
Chairman Davis requested clarification of the proposed TRC membership recommended by the Planning Board.
Planning Director Hayes responded that the TRC membership would be comprised of five members: one
member of the Planning Board; one member of the Planning Staff; and three other members from Engineering, Fire,
and transportation.
Commissioner Pritchett commented on the need for a Health Department representative and suggested a group
of five floaters who would attend the meetings based on issues being discussed.
Planning Director Hayes suggested assigning a core group and requesting other departments to participate based
on the type of request under consideration.
Chairman Davis advised that he would rather have a consistent group of five members.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 306
Planning Director Hayes directed the Board’s attention to Section 32-3(4) Notice of Appeal and stated that the
new language specifies a time limit for an appeal and the correct form to use when appealing a decision of the TRC as
prescribed by the County Attorney. The appeal must state the alleged error made by the TRC in rendering a decision,
and the scope of the appeal must be limited to issues identified in the appeal form, unless permission is granted by the
Chairman of the Board hearing the appeal to make additional arguments.
Hearing no further comments from the Board, Chairman Davis opened the Public Hearing and requested all
persons speaking to limit their remarks to three minutes.
Ms. Jane Kopczynski, a resident of 340 Okochobee Drive, advised that the proposed amendments have been
a coordinated effort by the Planning Staff, Planning Board, Legal Department and concerned citizens to present
comprehensive changes to the planning process for New Hanover County. At the August 7, 2002 Planning Board
meeting, citizens requested that10 to 15 minutes be reserved at TRC meetings for concerned citizens to present their
opinions. This action would allow persons in opposition to speak and could reduce the number of appeals to the Planning
Board.
Ms. Kopczynski also expressed concern for allowing the appeal to be heard by the Planning Board and then
forwarded directly to Superior Court if the case is not resolved. She stated that many citizens cannot afford to appeal
a case to Superior Court and quoted John Gallsworthy as saying “the measure of a democracy is the measure of the
freedom of its humblest citizens.” She urged the Board of County Commissioners to fulfill their obligations as elected
officials and hear all zoning appeals.
Vice-Chairman Greer asked Ms. Kopczynski why she felt the citizens would be better served if the appeals are
heard by the Board of County Commissioners instead of Superior Court where legal interpretations on the requirements
and regulations of the zoning ordinances are needed. He stated that frequently emotions tend to get in the way of the
facts when the Board hears an appeal and the legal aspects of the appeal are not considered.
Ms. Kopczynski commented on the cost involved with appealing a case in Superior Court and stated since the
new regulations will require a form to be filled out and reviewed by the Legal Department before the appeal is
considered, this procedure should address the legal aspects of the zoning case.
Mr. John F. Feeley, a resident of 8313 Vintage Club Circle, spoke on the need for the Board of County
Commissioners to hear from the people when a TRC decision is appealed. It is the responsibility of the County Attorney
to advise the Commissioners of the legal aspects of a case when the Board is hearing an appeal. If the Board is not
pleased with the existing ordinances, changes should be made; however, it is the responsibility of the Board to hear
zoning appeals.
Vice-Chairman Greer noted that most people do not attend TRC or Planning Board meetings because they know
the Board of County Commissioners will be the final Board to render a decision on the appeal. Concerned citizens wait
and present emotional presentations regarding surrounding neighborhoods and frequently do not consider the regulations
of existing Zoning and Subdivision Ordinances. He expressed concern for establishing a system that will perpetuate this
type of situation.
Mr. Rodney Harris, Chairman of the Planning Board, stated that in past TRC meetings public comments have
not been encouraged which has caused some disagreement throughout the community. If the Zoning Ordinance is
changed according to the Planning Board recommendation, the public will be given 10 to 15 minutes to speak prior to
a vote by the TRC. With regard to appeal procedures, the Planning Board feels that appeals should be received within
10 days after a decision is made by the TRC to prevent any changes being made on the subject property. The TRC or
any other Board should not make decisions based on what they think or feel. Decisions should be based upon
requirements and regulations delineated in existing Zoning and Subdivision Ordinances. The
Planning Board and TRC do not make decisions whimsically and both groups strive to comply to the ordinances in place
for New Hanover County.
In further discussion on the number of days to appeal a decision rendered by the TRC, Mr. Harris stated that
he felt an appeal should be filed within 10 days.
Planning Director Hayes advised that he felt more time is needed to advertise so the public will know when the
appeal will be heard.
Commissioner Pritchett suggested including language that will require10 business days, which is actually two
weeks.
After hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
County Attorney Copley suggested making two separate motions, one to determine the composition of the TRC
and the second to amend sections of the Subdivision and Zoning Ordinances.
Chairman Davis called for a motion.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt the recommendation of the
Planning Board with the following exceptions: (1) appeals from the Planning Board will be heard by the New Hanover
County Board of Commissioners; (2) the Notice of Appeal must be filed within 10 business days; and (3) the Technical
Review Committee will be comprised of the Planning Director, Chairman of the Planning Board, Fire
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 307
Marshal, County Engineer, and a Metropolitan Planning Organization Transportation representative or their designees.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
In discussion of the second motion, Planning Director Hayes explained that Section 102.4 in the Zoning
Ordinance paraphrases the same wording in the Subdivision Ordinance under 32.3(4) pertaining to performance
residential projects. The Notice of Appeal must be in a form prescribed by the County Attorney and must state the
alleged error that the Planning Board or Technical Review Committee made in reaching a decision. It must also specify
why the decision was in error. The scope of the appeal shall be limited to those issues identified in the appeal form,
unless permission to make additional arguments is granted by the Chairman of the Board hearing the appeal.
Motion:
After further discussion, Commissioner Boseman, MOVED, SECONDED by Chairman Davis, to add Section
32-3(4), Notice of Appeal to the Subdivision Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the amended Zoning and Subdivision Ordinances is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXVII, Page 25.7.
MEETING RECESSED FOR LUNCH
Chairman Davis convened from Regular Session at 12:45 P.M. for lunch.
Chairman Davis reconvened to Regular Session at 1:25 P.M.
ADOPTION OF A RESOLUTION TO APPROVE PROPOSED FINANCING FOR PURCHASE OF CORNING
PROPERTY AT MARKET PLACE MALL AND THE FEDERAL POINT FIRE STATION AND APPROVAL
OF BUDGET AMENDMENT #03-0027
Chairman Davis opened the Public Hearing.
Finance Director Bruce Shell reported that in accordance with the resolutions adopted at the July 8, 2002, Board
meeting, Staff has moved forward in securing financing proposals for the purchase of the Corning property and
construction of the Federal Point Fire Station. The Public Hearing is a requirement that allows the public to comment
on the financing of the two capital projects before the proposal is forwarded to the N. C. Local Government Commission
for review and approval.
The amount to be financed is $5,166,901 through an installment financing contract with BB&T for 18 months.
Before the end of the 18-month period, the loan will be refinanced through Certificates of Participation. The purpose
for using this method of financing is to keep issuance costs down and later blend these costs with other financing to avoid
pre-payment penalties. This financing method will also keep the debt service requirement down until the project is ready
for permanent financing.
Vice-Chairman Greer requested Finance Director Shell to use some of the ABC money when permanent
financing is secured for the Corning property. He also spoke on remaining contingency funds and suggested that in the
future these monies should be used to reduce the debt service.
Chairman Davis asked if anyone from the audience would like to speak.
Hearing no comments, Chairman Davis closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving
the proposed financing in the amount of $5,166,901 for the purchase of the Corning property at Market Place Mall and
construction of the Federal Point Fire Station and approve associated Budget Amendment #03-0027. Upon vote the
MOTION CARRIED UNANIMOUSLY.
Commissioner Pritchett, echoed by Commissioner Boseman, congratulated Finance Director Shell for working
out an exceptionally fine deal.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 25.8.
Budget Amendment #03-0027-Governing Body-County Commissioners/Interest on Bonded Debt
AdjustmentDebitCredit
Appropriated Fund Balance$66,000
Interest on Bonded Debt$66,000
Explanation: To budget appropriated fund balance for debt service payments for purchase of Corning, Inc.
building to be used as the County Administrative Annex Building.
CONSIDERATION OF APPEALS TO LOT ASSESSMENTS FOR THE WILMINGTON HANBY BEACH
WATER AND SEWER PROJECT
Director of Engineering, Wyatt Blanchard, reported that subsequent to the completion of the water and sewer
project at Wilmington Hanby Beach, now incorporated as parts of Carolina Beach and Kure Beach, an assessment was
established on properties to pay for the cost of the project. An appeal period of June 17 - July 17, 2002, was established
to allow any concerned lot owners in the referenced project to appeal the assessment placed on their property. Staff has
received a total of eight appeals with six appeals pertaining to lots being partially or totally unbuildable because of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 308
easements required for beach re-nourishment. The appellants contend that due to these easements, they should not be
assessed because building permits cannot be obtained and the land is of no value.
Chairman Davis explained that the property owners appealing the assessment assert that the lots are not
presently buildable because of the existence of either a beach re-nourishment easement or CAMA setbacks. The special
assessment test set forth in N.C.G.S. Chapter 153-A, Article 9, requires that the property be charged if it benefitted from
the provision of water and sewer. No adjustments are authorized in the General Statutes to exempt the property due to
the existence of an easement on the assessed property. In this case, the availability of water and sewer is a benefit even
if the utilities are not currently needed by the property owner.
Chairman Davis asked if any of the following property owners who have submitted appeals would like to speak:
Ms. Gladys BennisRO9206-002-022-000
Gary & Wendy DudleyRO9206-001-006-000
Lester C. & Frances B. HayesRO9206-001-012-000
Charles R. & Anne L. LemonRO9018-005-009-000
Jack & Tamsie LynchRO9018-011-008-000
RO9018-011-012-000
Helen WebbRO9205-009-005-000
After receiving a request to speak from Mr. Charles R. Lemon, the only property owner attending the meeting,
Chairman Davis called for a motion on the remaining appeals.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to deny the appeals from Gladys
Bennis; Gary and Wendy Dudley; Lester C. and Frances B. Hayes; Jack and Tamsie Lynch; and Helen Webb based upon
N.C.G.S. Chapter 153A, Article 9. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Davis requested Mr. Lemon to make his presentation.
Mr. Charles Lemon, a resident of 1415 Lake Park Boulevard, reported that his property was comprised of two
lots, one on the street and the other adjacent to the beach. He was told that North Carolina General Statutes make no
provisions for adjusting special assessment to address the existence of any easements nor does the legislation offer
adjustments based on whether the lot is buildable. The General Statutes do not prohibit or deny such action. The only
specified test is whether a property has benefitted from the availability of water and sewer. The local governing body
determines if specific situations are beneficial to the property.
Mr. Lemon asked how the availability of water and sewer has benefitted the property if it is not possible to
connect the utilities. Under the Carolina Beach building ordinance, a lot 50 feet by 35 feet does comply to the code. In
this case, the only ownership privilege of the two lots is to build a walkway, yet he and his wife are subject to a fine if
they even step on the property. They are willing to pay for the usable 750 square feet of the land-locked lot, but not for
water and sewer services to the CAMA controlled portion of the lots.
County Engineer Blanchard spoke on understanding how Mr. Lemon feels because originally his property was
set aside as two lots, and over time it became one lot because the lots were adjacent to each other.
Discussion followed on whether there was some flexibility in the General Statutes to allow the Board of County
Commissioners to evaluate the property. Deputy County Attorney Kemp Burpeau explained that the General Statutes
say if the property is benefitted, the assessment must be applied. Discretion in determining what is a benefit is up to the
Board of County Commissioners. At some point in the future, the tract might be buildable as CAMA lines and
vegetation lines change. The Board would be within its rights to rule that because the waterfront property is adjacent
to a lot that is buildable and it is under the same ownership, value has been created and it should be assessed. Many of
these tracts were originally platted with one lot fronting the road and one lot fronting the water. Over the years, some
lots have been combined and some kept as separate lots. If the Board treats the separate lots differently from the
combined lots, it means that one lot would be treated differently from a neighboring lot. For that reason, the decision
was made that if the lots are under the same ownership, the fairest thing is to determine the benefit or use following the
General Statutes instead of looking at whether the lot is an old legal lot or whether it has been preserved or re-combined.
Commissioner Caster expressed concern for not having some type of flexibility to assist a property owner in this
situation, and he asked if the wetland portion of a lot is taxed when it is not buildable.
Tax Administrator Glasgow responded that identified wetlands are taxed at $150 per acre.
Vice-Chairman Greer stressed the importance of the Commissioners understanding that all properties in the
area should be treated the same.
Deputy County Attorney Kemp Burpeau advised that special assessment laws are complex and do not give much
guidance or case law to assist in the process. The assessment procedure used will not work perfectly for all kinds of
property. One option is to use the tax value which would cause oceanfront lots to pay a great deal more than those a few
blocks behind them. Staff decided to use square footage including beach re-nourishment easements and setbacks which
is more fair to oceanfront properties.
After hearing no further comments, Chairman Davis called for a motion on the appeal presented by Mr. Lemon.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett to deny the appeal submitted by Mr.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 309
Charles R. Lemon and affirm the assessment to Tax Parcel ID RO-9018-005-009-000. Upon vote, the MOTION
CARRIED 4 TO 1. Commissioner Caster voted in opposition.
APPROVAL OF FINAL ASSESSMENT FOR WILMINGTON HANBY BEACH WATER AND SEWER
PROJECT
Finance Director Shell presented the final assessment for the Wilmington Hanby Beach Water and Sewer project
and reported there are 1,147 parcels valued at $5.3 million, including water and sewer construction and various water
and sewer taps. The preliminary assessment occurred on June 3, 2002, and some minor adjustments have been made.
If the Board approves the final assessments, bills will be mailed on Friday, August 23, 2002. The property owners will
receive a letter saying they have six months to pay the assessment before interest accrues. The property owners can pay
the assessment or the County can assist them with establishing a payment schedule.
The objective today is for the Board to determine the terms of the payment schedule. A 10-year period has been
discussed with a 6% interest rate. Some of the Wilmington Hanby Beach property owners would like for the interest rate
to be lowered, but Staff recommends keeping it at 6%. Bills will be mailed on February 1, 2003 to those who have not
paid, with the first payment due in March to avoid interest being charged.
It appears that an annual billing will be difficult for some property owners, so some thought has been given to
using a quarterly billing system. The standard 50 x 100 foot lot (5,000 square feet) with one water and one sewer tap
is assessed at $4,179. The monthly payment will be $46.45, quarterly payment $140, and annual payment $573.
Chairman Davis spoke on wanting to assist the property owners with a payment schedule but stated that
logistically numerous hours will be spent by Staff in preparing and mailing billings which is a cost that will be paid by
the taxpayers. He suggested one annual billing.
Motion:
After further discussion, Chairman Davis MOVED, SECONDED by Commissioner Boseman, to approve the
final assessment as presented and establish a term of 10 years at a fixed interest rate of 6% with billing on an annual
basis. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition.
Finance Director Shell reported that it was also necessary to approve waiving the interest for the first 6 months
to allow those who wish to pay the entire amount up front to do so without incurring any interest charged.
Amended Motion:
Chairman Davis MOVED, SECONDED by Commissioner Boseman, to approve the final assessment
as presented, establish a term of 10 years at a fixed interest rate of 6% with billing on an annual basis, and waive the
interest for the first 6 months to allow property owners who wish to pay within that time frame to do so without being
charged interest. Upon vote the MOTION CARRIED 4 to 1. Commissioner Caster voted no.
A copy of the final assessment is on file in the Clerk’s office.
NON-AGENDA ITEM
Chairman Davis announced that time had been reserved for anyone from the audience to present an item that
was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes.
Ms. Sue Hayes, President of the Cape Fear River Watch, spoke on the Highway 17 Bypass Task Force and
informed the Board that planning for development of this area was pushed by the Board of Realtors. She urged the Board
to be sure that the scope of the Task Force follows the Wilmington-New Hanover County Comprehensive Land Use Plan
and Unified Development Ordinance. The citizens appointed to the Task Force should be a diverse group because the
plan for the bypass will have a tremendous impact on development in the northern part of New Hanover County.
Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Hayes for her remarks.
ADDITIONAL ITEMS
Letter from Malcolm Hunter Requesting a Meeting to Discuss the Public Defender Program
Chairman Davis referenced a letter from Mr. Malcolm Hunter, Executive Director for the Public Defender
Program, requesting a meeting to discuss the public defender proposal with the Board, and he requested the County
Manager to follow up on this item.
Area Growth Team Meeting in Leland
Commissioner Caster announced that an Area Growth Team meeting was being held on August 20, 2002, at
4:30 P.M. in Leland, North Carolina, to discuss water quality and quantity issues. He noted that Mr. Kurt Taube,
Director of the Lower Cape Fear Water and Sewer Authority, will be speaking on these issues.
Discussion of Dog Exercise Area
Commissioner Caster requested Staff to see if the lake and land recently purchased from the NCDOT could
be a potential dog exercise area. He urged Staff and the Parks and Recreation Advisory Board to see if a place could
be found for pet owners to exercise their dogs.
County Manager O’Neal advised that since the lake is not a recharging lake, there would be a high risk for
pollution and environmental problems if dogs are allowed to exercise in this area.
Commissioner Caster requested Staff to inform the pet owners that the new park is not suitable for a dog
exercise area.
Chairman Davis agreed with Commissioner Caster and suggested requesting the Parks and Recreation Advisory
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, AUGUST 19, 2002PAGE 310
Board to search for a suitable place where pet owners can carry their dogs to run free and exercise.
Commissioner Pritchett stated that re-opening doggie beach at Mason Inlet is still a possibility. Once the U.
S. Fish and Wildlife Service completes the first year of monitoring, this agency may agree to have a portion set aside
for doggie beach.
Consensus:
After further discussion, it was the consensus of the Board to request the Parks and Recreation Advisory
Board to continue to explore a suitable place for doggie beach or exercise area.
Discussion of Easement Owned by Nathan Sanders at Veterans Park
Chairman Davis spoke on receiving a letter from Mr. Nathan Sanders regarding the easement on Veterans
Park Drive and stated that this issue needs to be resolved because many citizens in the area are concerned about the road.
Planning Director Hayes advised that New Hanover County did purchase the property from Mr. Sanders. At
that time, it was decided that New Hanover County or Mr. Sanders would construct the road. Things have changed and
there are now three access points that will come into play once a development plan is submitted to TRC for review. At
this time, the Board has two choices: (1) wait until a development plan is submitted and work with the design; or (2)
negotiate an arrangement with Mr. Sanders to prevent him from building road.
Chairman Davis asked when the case with Mr. Sanders will be heard in Court.
County Attorney Copley responded in the fall or late September.
Chairman Davis stated that he felt the last letter from Mr. Sanders indicated that he would like to work out a
satisfactory arrangement.
Consensus:
After further discussion, the County Attorney was directed to write Mr. Sanders a letter restating the
previous offer to reimburse him the $41,166 withheld from the purchase price if the easement is returned to the County.
Status on Natural Heritage Inventory
Commissioner Boseman requested the status on the Natural Heritage Inventory which was funded last year.
Planning Director Hayes responded that the County contracted with the State to perform the work and it will
take approximately eight months to complete the inventory.
Discussion of Study to Provide Water and Sewer to U. S. Highway 421 North
Commissioner Boseman inquired about the status of a request by businesses on Highway 421 North to contact
Representative McComas about conducting a study on the cost of running water and sewer lines to the area.
Vice-Chairman Greer advised that County Engineer Blanchard is checking into this matter, but he does not
feel this will be an advantage to the County. With the need to recruit industry to the area, this is another reason why
the City and County should consolidate water and sewer functions.
Chairman Davis asked if the Kings Grant Project would be negatively impacted by running water and sewer
lines to Highway 421 North.
County Manager O’Neal responded that only a certain amount of money is available for expanding water and
sewer lines, and he offered to provide a financial report on the Water and Sewer District.
Arts and Cultural Affairs Task Force
Commissioner Boseman asked if the Board had responded to the memo sent by Mayor Peterson requesting
participation by the County in the Arts and Cultural Affairs Task Force.
Chairman Davis responded that he would rather stay focused on moving forward with consolidation in lieu of
an in-kind commitment of $2,500.
Consensus:
After discussion, it was the consensus of the Board for the County Manager to prepare a letter informing
Mayor Peterson that the County will not be able to participate in the Arts and Cultural Affairs Task Force.
Annexation Case Submitted to Supreme Court
Commissioner Boseman reported that the annexation case is being submitted to the Supreme Court. She noted
that since she is licensed to practice before the Supreme Court, she planned to sign a brief on behalf of the petitioners.
Additional 3% Room Occupancy Tax
Commissioner Boseman advised that she received a call from Mr. Gary Doetsch, a member of the Carolina
Beach Town Council, requesting that she and Chairman Davis meet with Senator Ballantine on Thursday morning at
9:00 A.M. to discuss the two bills introduced by Representative McComas and Representative Wright regarding an
additional 3% Room Occupancy Tax for the City and beach municipalities. She expressed concern for having more than
one agency to promote tourism for New Hanover County and stated these bills need to be discussed by the Board of
County Commissioners.
After further discussion, Commissioner Boseman offered to call Senator Ballantine and schedule a meeting
to discuss the two bills.
Discussion of Filling the Vacancy on New Hanover County Airport Authority
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
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Commissioner Boseman requested the Board to be careful when appointing a person to fill the vacancy on the
Airport Authority created by the resignation of Al Roseman. She expressed concern for the amount of money being
spent on consultants when a competent staff should be doing the work.
Effective Date for Implementing Technical Review Committee (TRC) Changes
County Manager O’Neal reported at the request of the Planning Director, a motion needs to be made on an
effective date of September 1, 2002, for implementing the TRC changes.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to implement the TRC changes
effective September 1, 2002. Upon vote the MOTION CARRIED UNANIMOUSLY.
Discussion of Joint Meeting with City Council to Discuss Consolidation
County Manager O’Neal reported that after discussion with Mr. Ed Fare, the Interim City Manager, he would
recommend scheduling a joint meeting with the City and County to discuss consolidation on Monday, September 16,
2002, at 2:00 P.M.
After discussion, County Manager O’Neal was requested to schedule a joint meeting with the City Council on
September 16, 2002, if this date is acceptable to the City Council.
Mason Inlet Project
Assistant County Manager David Weaver advised that New Hanover County is responsible for any shoaling
in the Intracoastal Waterway associated with the Mason Inlet relocation project. The County has a contract with the
Figure Eight Island Association to pay for correcting these shoaling problems. The Association would like to proceed
to contract with a company in the area to perform the dredging. No formal action is required at this time because the
County is waiting to receive final approval from the Corps of Engineers, Marine Fisheries and other agencies.
Consensus:
After further discussion, it was the consensus of the Board to allow the Figure Eight Island Association
to contract with the company once approval has been received from the different agencies.
MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION
Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(5) to
discuss real estate matters.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the
purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 3:35 P.M.
Chairman Davis reconvened to Regular Session at 4:55 P.M. He reported that during the Closed Session
discussion was held on the purchase of various real properties. He requested a motion to purchase the Dobo property.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to instruct Staff to enter into a Buy
and Sell Agreement with William Dobo and Robert Dobo in the amount of $600,000 for the purchase of three Hewletts
Creek Watershed Millbrook tracts, totaling 16.94 acres, to improve the water quality in Hewletts Creek and for future
passive recreational use with funding from the N. C. Clean Water Management Trust Fund grant subject to approval
by the State of North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis called for a motion to purchase the Nathan Skipper property.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to enter into a Buy and Sell
Agreement with Nathan Skipper to purchase approximately 13.63 acres of land located at the mouth of Foy Creek for
a purchase price of $85,000 per acre for a total cost of $1,158,550 with the funding from the N. C. Clean Water
Management Trust Fund grant subject to approval by the State of North Carolina, for the purpose of improving water
quality in Foy Creek and for future passive recreational use. Upon vote, the MOTION CARRIED 4 TO 1. Vice-
Chairman Greer voted in opposition.
Chairman Davis called for a motion to instruct Staff to proceed with the sale of the Annex Building.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to instruct Staff to proceed with the
sale of the Annex Building located at 414 Chestnut Street, Wilmington, North Carolina. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 5:10 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board