2002-11-07 Work Session
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
WORK SESSION ON THE MASON INLET RELOCATION PROJECT PAGE 367
NOVEMBER 7, 2002
ASSEMBLY
The New Hanover County Board of Commissioners held a Work Session on Thursday, November 7, 2002, at
4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C.
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 informed the audience that this was not a Public Hearing. He
advised that the purpose of the Work Session was to discuss issues with Staff regarding the Mason Inlet Relocation
Project.
DETERMINATION OF PROJECT COSTS AND ASSESSMENT
Finance Director Shell presented the following breakdown on the costs of the project through June 2002:
Construction Costs
$5,323,631
Wrightsville Beach$2,570,485
Figure Eight Island $2,753,146
(500,572 cubic yards of sand)
Fixed Costs
Design, Permitting, Engineering & Administration$1,102,542
Inlet Corridor - Purchase 300,000
Construction of Mitigation Area Deferred
Monitoring (1 year post-construction) 14,759
Estimated Interest Expense During Project 100,000
Total Fixed Costs$1,517,301
Wrightsville Beach$4,087,786
Figure Eight Island$2,753,246
Total Cost$6,840,932
Discussion was held on the estimated interest expense during the project. Finance Director Shell explained that
since money has been removed from the Room Occupancy Tax to pay for the project, the estimated figure of $100,000
was included in the cost to offset the interest lost in earnings.
Vice-Chairman Greer expressed concern for this additional expense.
Finance Director Shell presented the Preliminary Assessment Roll showing the benefitted property owners on
Wrightsville Beach and Figure Eight Island. He explained that the basis for the assessment on Wrightsville Beach was
on the value of the land without improvements as shown on the County tax records. Benefit zones were established
pursuant to N.C.G.S. 153A-186(c) based on the distance of the benefitted land from Mason Inlet and other relevant
factors. Each condominium as a whole and each remaining individual parcel will be a separate benefit zone. Each
condominium unit will be assessed separately based on the unit owner’s share of land value as shown on the County tax
records.
The assessment for Figure Eight Island was determined on the premise that all residential lots on Figure Eight
Island are considered benefitted properties. The lots will be assessed on a combination of two basis. The oceanfront lots
from Lot 182 Beach Road South to 4 Inlet Hook Road will be assessed on frontage abutting the shoreline at an equal rate
per foot of frontage. The oceanfront lots will be assessed 52.04% of the total Figure Eight Island allocation. The
remaining 365 lots will be assessed on the basis of the value of the land without improvements as shown on the County
tax records at an equal rate per dollar of the valuation. The 365 lots will be assessed 47.96% of the total Figure Eight
Island allocation.
In concluding the presentation, Finance Director Shell advised that assessments can be paid in cash or the
property owner can elect to pay equal annual installments at an interest rate of 7% per annum.
Deputy County Attorney Burpeau commented on the time schedule for the project and requested the Board to
adopt a resolution determining the cost for the Mason Inlet Relocation Project on November 12, 2002, and direct the
Finance Director at that meeting to mail a letter of notification to the benefitted property owners on or before November
14, 2002. The letter will inform the property owners that a Public Hearing will be held on December 2, 2002, at 5:30
p.m. in the Assembly Room of the New Hanover County Courthouse, and it will clearly explain that the purpose of the
Public Hearing is not to receive comments regarding the basis of assessments, but to consider the clerical and
mathematical accuracy of individual assessments. The letter will request any property owners wishing to speak at the
Public Hearing to contact Finance Director Bruce Shell by Wednesday, November 27, 2002, at 12:00 Noon. After the
Public Hearing, the Board of County Commissioners will be requested to confirm the final assessment roll and determine
the payment terms. An additional mailing will be sent to the benefitted property owners containing this information.
After discussion, the Board agreed to the time frame established for the Mason Inlet Relocation Project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
WORK SESSION ON THE MASON INLET RELOCATION PROJECT PAGE 368
NOVEMBER 7, 2002
ACTION FOR COMPLIANCE TO PERMIT CONDITIONS
Assistant County Manager Dave Weaver reported on the shorebird and waterbird management plan being a
condition of the permit issued by the U. S. Army Corps of Engineers. The plan requires that a fence be constructed
across the new Shell Island area to restrict public access. In discussion with representatives from the Corps of Engineers,
U. S. Fish and Wildlife Service and the N. C. Wildlife Resources Commission, it was felt that a fence would restrict
traditional public access. In order to mitigate this restriction to the public, all agencies agreed and supported
development of a new beach access facility. This new facility would have the following features: (a) 20 to 30 parking
spaces; (b) 3 to 4 handicapped spaces; and (d) a dune cross-over and bird observation platform. This is a conceptual
plan, and once a detailed design is completed, the features can be changed.
The estimated cost of the beach access facility is $265,000. Based on discussion with officials from the N. C.
Division of Coastal Management, it was felt that a CAMA Beach Access grant could be obtained in the amount of
$198,750 representing 75% of the project cost. The required local match is $66,250 representing 25% of the cost, which
can be paid from the Room Occupancy Tax and assessed to property owners benefitting from the Mason Inlet Relocation
Project.
The intent is to install parking meters at the beach access facility. Based on discussion with Staff from the Town
of Wrightsville Beach, it appears that the Town may be willing to manage the beach access facility in return for the
revenue generated by the parking meters.
Due to the time frame required to pursue the CAMA grant, the construction on the beach access facility cannot
begin until the Winter of 2003. The County will have to construct the fence before this time to protect bird foraging and
nesting habitat. Construction of both the fence and beach access facility will require negotiations with the State for the
necessary CAMA permits. Leases will have to be negotiated with the Town of Wrightsville Beach and the State to
construct the fence and facility across their properties.
In concluding the presentation, Assistant County Manager Weaver requested the Board to consider the following
actions:
1.Begin formal discussions with the Town of Wrightsville Beach and State to obtain necessary leases and
cooperative agreements for the fence and beach access facility.
2.Begin the CAMA grant application process for the beach access facility.
3.Begin the detailed design for the fence and beach access facility.
Commissioner Boseman expressed concern for the beach access facility encouraging people to use the north end
of Wrightsville Beach, and she asked if parking could be limited.
Assistant County Manager Weaver responded that since the idea of parking was suggested by Staff, there would
be no problem with reducing the number of spaces.
Discussion followed on the proposed fence and beach access not being part of the original project cost.
Chairman Davis strongly objected to these conditions being an additional cost to the benefitted property owners.
After a lengthy discussion, the Board directed Assistant County Manager Weaver to discuss these issues with
the various agencies to see if some of these issues can be resolved.
CONSIDERATION OF A MANAGEMENT PLAN FOR THE NORTH END OF CAROLINA BEACH
Assistant County Manager Dave Weaver reported that the permit issued by the U. S. Army Corps of Engineers
for the Mason Inlet Relocation Project required New Hanover County to comply with provisions of the U. S. Fish and
Wildlife Service Biological Opinion for the protection of endangered and threatened species. The County must
implement a monitoring program or develop a Comprehensive Habitat Management and Conservation Plan for the north
end of Carolina Beach.
The following options were presented:
Option One - Monitoring Program:
A monitoring program for threatened and endangered species at the north end of
Carolina Beach would include components similar to the plan for Shell Island at an annual cost of $20,000. This cost
can be funded through the Room Occupancy Tax and assessed to the Mason Inlet Relocation Project.
Option Two - Management Plan:
In discussion with representatives from the U. S. Fish and Wildlife Service, N. C.
Wildlife Resources Commission, and Audubon Society, these agencies suggested a vehicle sticker program and banning
all motorized vehicles from the north end of Carolina Beach between March 15 and August 31 to minimize disturbance
to the turtles and birds. The bird nesting areas would have to be roped off. Four other North Carolina beach
communities have sticker programs with annual fees ranging from free for seniors and property owners to $80 for non-
property owners.
Preliminary discussion has been held with the Town of Carolina Beach concerning the administration and enforcement
of a sticker program in return for the revenue generated. If the Town of Carolina Beach does not want to participate, the
County could consider arrangements with local merchants to sell the decals and enforce the program through the
Sheriff’s Department.
A variation of this plan would be to apply the same driving restrictions being used at the Fort Fisher recreation area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
WORK SESSION ON THE MASON INLET RELOCATION PROJECT PAGE 369
NOVEMBER 7, 2002
Vehicles would be banned at night during full moon periods in lieu of completely banning vehicles from March 15 to
October 31. Fort Fisher also has roped off bird nesting areas.
The Sheriff’s Department continues to enforce present regulations on the north end of Carlina Beach. It has been
indicated that further regulations, including the banning of camping, open fires, and unleashed dogs would help to better
manage and control this area.
Staff Recommendations:
Preparation of a management plan containing the following components:
Sticker Program:
Cost: $50/seasonProperty owner or County resident under 65 years of age
freeProperty owner or resident 65 or older
freeHandicapped
$90/seasonAll non-county residents
$20/weekAll non-county residents
•Driving Season: Year around with restriction as needed during full-moon periods
•Decal for season or dashboard weekly pass
•Dedication of revenues for enforcement
•Cooperative administration with the Town of Carolina Beach for unleashed dogs.
•No limit on the number of permits.
A lengthy discussion followed on why the County has to provide a management plan for the north end of
Carolina Beach. Assistant County Manager Weaver explained that if this area is not protected, the habitat areas for
nesting birds and turtles will be destroyed.
Chairman Davis asked who would pay for the management plan.
Assistant County Manager Weaver responded that if the sticker program does not generate enough revenue to
enforce the plan, the money will come from the Room Occupancy Tax.
Corporal John Murray informed the Board that it was impossible to stop the amount of activity at the north end
of Carolina Beach since regulations changed at Fort Fisher prohibiting camp fires, tents, and vehicles. The north end
is used by residents from Brunswick County, Pender County, and visitors throughout the state and country. Without an
ordinance to prohibit camping and placing tents near the dunes, this section of the beach cannot be managed. With the
number of vehicles and people using the north end of Carolina Beach during summer months and events, like the Azalea
Festival, the enforcement officials need an ordinance prohibiting overnight camping, tents, and camp fires in order to
protect the public and save the dunes.
Assistant County Manager Weaver agreed with Corporal Murray and stated that under existing regulations, it
is legal to drive between the dunes and high water line. He presented a map of the north end of Carolina Beach showing
the private property owned by the Freeman heirs and stated that family heirs have agreed to post no trespassing signs,
which will allow for enforcement by the Sheriff’s Department. The best way to control this area is to adopt an ordinance
prohibiting camp fires, and tents.
After discussion, the Board requested Corporal Murray to submit recommendations on how to control the north
end of Carolina Beach so this item can be discussed on November 25, 2002.
ESTABLISHMENT OF FUND TO PURCHASE THE REMAINING PRIVATE PROPERTY ON MASONBORO
ISLAND
Assistant County Manager Weaver reported that in order for the County to comply with the Biological Opinion
written by the U. S. Fish and Wildlife Service, the remaining 30 acres of private property on Masonboro Island must be
purchased and/or placed into a permanent conservation status prior to the initiation of any maintenance dredging
activities, or within three years from the start of the initial construction operation, whichever is earlier. Based on a recent
appraisal by the Save Masonboro Island Group, the total value of the remaining property is less than $400,000. Staff
originally felt that a grant could be obtained from the N. C. Clean Water Management Trust Fund for the purchase of
the property. The Trust Fund later informed Staff that the property did not meet the grant eligibility criteria. There was
also an indication that the County might receive special legislation to receive State funds to purchase the property;
however, when the State budget collapsed, this possibility was eliminated.
In concluding his remarks, Assistant County Manager Weaver presented the following recommendations:
1. Establish a fund of $400,000 from the Room Occupancy Tax (ROT) to purchase the remaining lots on
Masonboro Island at the fair market value from willing sellers. The cost of the property will be assessed to the
Mason Inlet Relocation Project.
2. Designate the “Save Masonboro Island Group” to serve as the County agent at no cost.
Chairman Davis strongly objected to using the ROT fund to purchase the property and stated that the U. S. Fish
and Wildlife Service should pay for the property.
The Board held a lengthy discussion on the requested conditions not being a part of the original permit issued
by the U. S. Army Corps of Engineers. Assistant County Manager Weaver explained that if these conditions are not
followed, the County will be in violation of the permit. When another permit is needed to dredge Mason Inlet, the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
WORK SESSION ON THE MASON INLET RELOCATION PROJECT PAGE 370
NOVEMBER 7, 2002
County could experience difficulty in receiving the permit.
Vice-Chairman Greer read from prior minutes and stated that the Board did not approve any of these conditions
in the original permit. He expressed appreciation to Assistant County Manager Weaver for the time and effort give to
the project, but stated that a line has to be drawn at some point.
After further discussion, the Board requested Assistant County Manager Weaver to meet with the U. S. Corps
of Engineers and other agencies to see if these matters can be resolved.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 6:30 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board