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2000-09-12 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF JOINT MEETING HELD WITH AIRLIE GARDENS PAGE 185 FOUNDATION BOARD OF DIRECTORS SEPTEMBER 12, 2000 ASSEMBLY The New Hanover County Board of Commissioners met with the Airlie Gardens Foundation Board of Directors on Tuesday, September 12, 2000, at 7:30 a.m. in the auditorium of the Cooperative Extension Service, 6206 Oleander Drive, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; County Manager, Allen O’Neal; Deputy County Attorney, Kemp Burpeau; and Clerk to the Board, Lucie F. Harrell. Commissioner Birzenieks was absent due to a planned trip out of town. Members present from the Airlie Foundation Board of Directors were: Chairman Robert W. Martenis; Royce N. Angel; Agnes R. Beane; Albert W. Corbett, Jr.; Camilla M. Herlevich, and Dr. Eric McKeithan. Chairman Caster and Chairman Martenis called their respective boards to order. Chairman Martenis welcomed the County Commissioners to the Airlie Gardens Foundation Board of Directors meeting. The invocation was given by Mr. Royce Angel. Chairman Martenis led the Pledge of Allegiance to the Flag. DISCUSSION OF POLICY MAKING ROLE OF THE AIRLIE GARDENS FOUNDATION BOARD OF DIRECTORS Chairman Martenis opened discussion regarding the role of the Foundation Board in developing policies for Airlie Gardens. Chairman Caster spoke on the time and effort given by each member of the Foundation Board to prepare a fee schedule and develop policies for Airlie Gardens. He advised that the Commissioners are most appreciative of this effort and recognize the difficult decisions that have been faced by the Foundation Board. Chairman Caster advised at the October 10, 2000 meeting of the Board of County Commissioners, the Executive Director of the Wilmington Film Industry expressed concern for the proposed film fee being excessive at Airlie Gardens. After discussion, the Commissioners voted unanimously to return this item to the Foundation Board for further review. There was also a lengthy discussion about the waiver policy and responsibilities of the Foundation Board in adopting policies. The Commissioners decided to return the waiver policy for further review by the Foundation Board and to hold a joint meeting to discuss and clarify the policy making responsibilities between both boards. The question to discuss at this meeting is whether the Airlie Foundation Board should handle both operational and policy issues. At New Hanover Regional Medical Center, the Trustees handle operational issues and the Foundation raises funds. The Airlie Foundation Board is a unique body in county government, and a clear understanding of the responsibilities assigned should be defined. Commissioner Davis reported when the Board of County Commissioners decided to purchase Airlie Gardens this was a unique and wonderful way to preserve a natural resource. Since no purchase of this type had occurred in the past, the County Commissioners felt that a Foundation Board of Directors should be appointed to oversee the operation of Airlie Gardens. A Foundation Board was appointed, and as a member of the Foundation Board, he believes this group has tried to address the many issues that have arisen. This is a unique situation because the County does not want Airlie Gardens to become a financial burden on the taxpayers, and the taxpayers feel that Airlie Gardens should be available to the public at no fee or a nominal fee. When the Foundation Board assumed its responsibilities, it was felt that the goal was for Airlie Gardens to be developed into a “world class garden” and eventually become self-sufficient. During the review of fees to be charged for weddings, filming, events, and persons visiting Airlie, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF JOINT MEETING HELD WITH AIRLIE GARDENS PAGE 186 FOUNDATION BOARD OF DIRECTORS SEPTEMBER 12, 2000 Foundation Board felt that fees should be charged comparable to other gardens of this type. Unfortunately, many people feel that Airlie Gardens should be a park, which is a misconception that needs to be corrected. It is imperative for the Board of County Commissioners to decide what Airlie Gardens should become and provide that direction to the Foundation Board. Chairman Martenis commended Commissioner Davis for an excellent summary of the existing situation. He advised that he thought the Foundation Board was charged with establishing fees that would allow Airlie Gardens to become a world class garden and self-supporting within three to five years. In order to accomplish this goal, revenue has to be generated. A great deal of criticism has been received about the fees being too high, and the time has come for the Board of County Commissioners to provide direction to the Foundation Board on how Airlie should be developed. He pointed out that Airlie Gardens has been in an awkward stage of development, but in the long term the vision of having a world class garden will facilitate it becoming self-sufficient. Airlie will bring in the film industry and in time it will become another Biltmore Gardens or like gardens in South Carolina that attract tourists from all over the country. The Foundation members are enthusiastic about the vision of a world class garden and feel that both the County and Foundation Board are on the road to reaching this goal. He expressed concern for becoming stymied by complaints and not achieving a goal that can be reached. This is an evolving process and someone has to hammer out the details, which is what the Foundation Board has done since it inception. Chairman Caster advised that from the beginning, the community had difficulty in understanding the goal for Airlie Gardens, and it was probably the County’s fault for not better educating the public on the plan for Airlie; however, the intent of the Board of County Commissioners was for Airlie not to become a burden on the taxpayers but to become self-sufficient within two to five years. After referencing the infancy stage of Airlie Gardens, Commissioner Davis asked how many weddings have been scheduled. Ms. Wendy Knowles, Administrative Secretary, responded that four weddings had been scheduled to date with two canceled. The first wedding is scheduled for May 12, 2001. Commissioner Davis emphasized the importance of waiting until the first season of operation has passed before deciding if the fees are too excessive. He reminded everyone that most weddings will be held at the Large Oak or Pergola, which are the most popular places visited by patrons. During weddings and film days, the normal flow of patrons will be disrupted which reduces the amount of revenue generated through entrance fees. When these fees were established, the Foundation Board considered all of these factors. DISCUSSION OF FILM INDUSTRY SITE FEE Vice-Chairman Greer spoke on the tradition of the Garden Party being held at Airlie Gardens during the Azalea Festival, and he stressed the importance of this tradition being preserved. He also commented on the need to provide incentives to the Wilmington Film Commission because of competition from other states, and because of the amount of money brought into the community. He expressed concern for charging $3,000 per day to film in Airlie Gardens when the State of North Carolina, City of Wilmington, and New Hanover County have waived fees for filming in public facilities. He recommended a tear-down fee of $250 and filming fee of $1,500 per day, which would be a reasonable charge. Commissioner Davis stated that it should clearly be understood that no one on the Foundation Board would do anything to drive the filming industry away because of the jobs and the income provided to the community. The Foundation Board has made a concerted effort to charge fees that will allow Airlie Gardens to operate at a profit without having to be heavily subsidized by County funding. Ms. Herlevich advised that the Foundation Board thinks of itself as stewards of Airlie Gardens. She emphasized the importance of giving volunteers some authority because it is difficult to raise money without having a voice and stake in what happens to the money raised. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF JOINT MEETING HELD WITH AIRLIE GARDENS PAGE 187 FOUNDATION BOARD OF DIRECTORS SEPTEMBER 12, 2000 Ms. Beane spoke on the amount of discussion and factors that were considered when the Foundation Board decided on the film fee to be charged per day. The Foundation was extremely concerned about the environmental impact on the gardens as well as the loss of revenue during film days. It was felt that a diversity of opportunity was available in the community for production companies to film in a garden or park-like setting such as Greenfield Lake, or Hugh MacRae Park. It was also felt that the film industry was capable of paying the proposed fees and if they chose to impede upon an extremely environmentally sensitive area, they should be willing to pay for the use of the gardens. Mr. Corbett advised that he either made the motion or seconded the motion to recommend the fee per day for filming in Airlie Gardens. After a lengthy discussion on this issue, particularly the environmental impact, he felt that the fee was appropriate. When the Corbett family owned Airlie Gardens, they developed a good working relationship with the Wilmington Film Commission. He suggested continuing this relationship with an emphasis on environmental concerns, and he encouraged the Board to support the fee recommended by the Foundation Board. DISCUSSION OF WAIVER POLICY FOR AIRLIE GARDENS Commissioner Davis reported when the Commissioners discussed the waiver policy, it was felt that if the Gardens Director did not grant a waiver, there should be an appeal process to the Board of County Commissioners. County Manager O’Neal explained that the Senior Center, Parks Department, Cape Fear Museum and other agencies have a waiver policy that allows an appeal to the Board of County Commissioners. Ms. Beane requested the Board of County Commissioners to allow time for the Foundation Board to review the film fee and the waiver policy. She stated that the Foundation Board was willing to work with the film industry; however, the members do not feel that the fee should be driven by the film industry. The Foundation Board would like an opportunity to review the film proposal, the ideas presented by the Commissioners at this meeting, and reexamine the film fees being charged by Orton Plantation and other gardens. Once this information is received and compiled, a recommendation will be made to the Board. Ms. Beane also advised that one of her major concerns was the role of the Foundation Board as it relates to the Board of County Commissioners. If the Foundation Board makes a decision and the Commissioners do not agree, this item should be referred back to the Foundation Board so there will be no appearance of taking authority away from the board. The County does not want to give the impression that the Foundation Board is a group acting without any power or authority. Vice-Chairman Greer agreed with Ms. Beane and suggested that the Foundation Board should discuss the film fee with Mr. Johnny Griffith, Director of the Wilmington Film Commission. He stressed the importance of recognizing that filming in Airlie Gardens could promote the gardens and attract visitors. He also thanked the members of the Foundation Board for volunteering their time and effort to address many difficult issues during this infancy stage. He emphasized the importance of everyone understanding that the Board of County Commissioners and the Foundation Board of Directors are partners in this effort. In concluding her remarks, Ms. Beane requested the Commissioners to step back and look at recreational activities within the County as a whole, at the diversity of attractions the County offers in terms of parks, museums, and a variety of cultural opportunities. Airlie Gardens has a special niche within that scheme. It is important for the Commissioners to decide among themselves as to where Airlie Gardens fits into the scheme of things. Once this concept has been decided, the Commissioners should provide the Foundation Board with their charge so everyone can move forward. Airlie Gardens is a unique environmental, educational and cultural opportunity that should be developed to its fullest. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF JOINT MEETING HELD WITH AIRLIE GARDENS PAGE 188 FOUNDATION BOARD OF DIRECTORS SEPTEMBER 12, 2000 Mr. Martenis advised that the Foundation Board will review the items mentioned at the October 10 meeting and report back to the Board of County Commissioners. He also informed the Commissioners that Mr. Johnny Griffith, Director of the Film Commission, did make a presentation to the Foundation Board in May or June, and his remarks were taken into consideration when recommending the film fee. DISCUSSION OF NEW HANOVER COUNTY PERFORMING THE GROUNDS WORK FOR THE LEBANON CHAPEL Chairman Caster advised that a friend who works at the Lebanon Chapel had called and asked why the County was not taking care of the Chapel property as a specified fee. After discussion of this matter with Mr. Deans Gornto, Administrator of St. James Episcopal Church, and Mr. Frank Gibson, the attorney representing the church, it was felt this idea might be better for the Chapel and Airlie Gardens. County Manager O’Neal presented history on the part of Airlie Gardens property owned by St. James Episcopal Church. He advised that lengthy discussions have been held between Dr. Bruce Williams and various officials from St. James Episcopal Church regarding maintenance of the Chapel property. No agreement has ever been reached. From the perspective of St. James Episcopal Church, the land was given to them and the Chapel was entrusted with the property for the purpose of worship. Due to Church and State issues, the County cannot enter into an agreement with the Church without a contract for a fair market value. Deputy County Attorney Kemp Burpeau explained that some separation of Church and State issues regarding the County maintaining church property would have to be addressed; however, if the County could articulate a clear public benefit, such as having access to the grounds but not the Chapel itself, there could be some flexibility from the general approach of charging full market costs. Chairman Caster stated that he felt Mr. Gibson was willing to discuss this matter. Mr. Corbett commented on the cemetery area and stated this was a very sensitive area for his family and other families who have plots in the cemetery. He requested everyone to respect this area because it is one of the oldest cemeteries in the area, and it is important for family members to visit their ancestors and loved ones. After further discussion, Chairman Martenis advised that the Foundation Board would work with church officials to see if an agreement could be reached with Lebanon Chapel. STATUS REPORT ON AIRLIE GARDENS Dr. Williams reported that the Master Plan for Airlie Gardens should be completed by Synthesis Architects within the next two to three weeks. The preliminary concepts will be presented to the Foundation Board, the Board of County Commissioners, and the public before finalizing the plan. Recovery has been made from Hurricane Floyd. Mr. Gary Rzepecki and the entire staff have done a wonderful job in cleaning up debris and bringing Airlie back to its original state before the storm. Focus is being placed on the Airlie Oak, the Pergola, and Spring Garden areas. These areas should be in excellent shape by the Spring. Presently, there are temporary bathrooms and office facilities with no maintenance facilities in Airlie Gardens. This creates a tough working condition for staff. It is hoped that some permanent structures will be in place within the next year. Discussion was held on the number of persons visiting Airlie Gardens on County free days. Ms. Wendy Knowles, Administrative Secretary, reported in September, 137 County residents visited the gardens and in June and July over 400 residents visited the gardens. She advised that 50% of the total attendance for the year had been on County free days. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF JOINT MEETING HELD WITH AIRLIE GARDENS PAGE 189 FOUNDATION BOARD OF DIRECTORS SEPTEMBER 12, 2000 Chairman Martenis asked if there were any further comments from the Foundation Board. Mr. Angel reported on the excellent work provided by the Friends of Airlie and advised that due to the success of Heritage Week last year, the group has planned to hold “Heritage Week for 2001.” This event should be more successful with the number of educational events planned. ADJOURNMENT On behalf of the Board, Chairman Caster expressed appreciation to the Foundation Board for inviting the Commissioners to attend the meeting. He called for a motion to adjourn. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adjourn. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 9:05 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board