1999-02-15 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 80
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 15, 1999, 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 Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Assistant County Manager, Patricia A. Melvin, gave the invocation.
Commissioner Howell led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the regular agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
No items were presented.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Consent Agenda Items 1, 2, and 6.
Commissioner Birzenieks requested removal of Consent Agenda Item 13.
Discussion followed on Consent Agenda Item 1, the Musco Lighting, Inc. contract for the
purchase of a lighting system for Ogden Park. Vice-Chairman Greer requested a correction in the
last paragraph of the resolution from the Sheriff’s Department to the Parks Department. He also
commented on the method of purchasing off another government’s contract if the vendor was willing
to provide the item at the same or better price, and he informed the Board that Graybar Electric
Company and Grainger have a contract with the National Association of Counties (NACo) that can
be utilized by other counties. He suggested having staff to check into this matter.
County Manager O’Neal requested the Board to approve Consent Agenda Item 1 contingent
upon staff investigating the NACo companies referenced by Vice-Chairman Greer and authorize staff
to move forward with the Musco Lighting Inc. contract if the options from those companies are not
satisfactory.
Discussion was held on Consent Agenda Item 2, the purchase of 800 MHZ fixed end
equipment and renewal of the rental agreement. Vice-Chairman Greer expressed concern for the
contract with Motorola being too open ended, and he requested staff to be sure the Board was
informed about any future purchases from Motorola.
County Manager O’Neal said this item was placed on the agenda to be sure the Board was
aware of the proposed purchases. He assured the Board that when future purchases are made, these
items will be placed on the agenda.
Discussion followed on Consent Agenda Item 6, a Change Order in the contract for the Pilot’s
Ridge Project. Vice-Chairman Greer asked if New Hanover County was spending 6% of the
$387,834 or was the County spending $387,834.
Project Engineer Greg Thompson explained that the change order was for $387,834 because
the original contract was to pay for design of the infrastructure, water and sewer, drainage, and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 81
construction administration through Phase I of the project. The original contract noted that these
items would be addressed through a change order.
Discussion was held on Consent Agenda Item 13, approval of Airlie Gardens proposed fees
and scheduling of the Grand Opening. Commissioner Birzenieks requested an explanation of how
the fees were determined, and he asked if the $10,000 fee was for closing Airlie Gardens for an entire
day.
Dr. Bruce Williams, Director of Cooperative Extension Service, explained that all fees were
based on a survey of public gardens in North Carolina and South Carolina. The proposed fees are
much less than those charged by other gardens. Fees have been reduced for New Hanover County
residents and there will be one free day a month for County residents to visit the gardens. The
$10,000 fee was based on the projected admissions for a day during the peak season. In the spring,
it will not be unusual for 1,500 people to visit Airlie Gardens. The Gardens should be opened on a
limited basis beginning April 17-18, 1999. Major events will not be scheduled until next fall when
the infrastructure is in place and adequate staff has been hired.
Chairman Caster called for a motion to approve the Consent Agenda.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve
the items on the Consent Agenda as presented contingent upon the following actions for Consent
Agenda Item 1:
(A)A correction in the last paragraph of the resolution from Sheriff’s Department to Parks
Department.
(B)An investigation by staff of the companies (Graybar Electric and Grainger) contracting with
the National Association of Counties regarding purchasing off another government’s contract.
(3)Authorization for staff to proceed with the Musco Lighting contract if this is the best price.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Revised Resolution Approving Contract #99-0246 to Musco Lighting, Inc., for
Purchase of a Lighting System at Ogden Park
The Commissioners adopted a revised resolution approving a contract to Musco Lighting,
Inc., in the amount of $102,050 to purchase a lighting system for Ogden Park as allowed under
NCGS 143-119, which allows local governments to buy off another government’s contract if the
vendor is willing to provide the item at the same or better price. This action was contingent upon a
correction in the resolution from the Sheriff’s Department to Parks Department, investigation by staff
of the companies contracting with the National Association of Counties regarding purchasing off
another government’s contract, and authorization for staff to proceed with the Musco Lighting
contract if the best price is offered.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit XXV, Page 6.
Adoption of Resolutions to Purchase the 800 MHZ Fixed End Equipment, Control Stations,
Mobiles, and Portables that Comprise the Rental Schedules 1C and 1D with Motorola and the
Renewal of Contract #97-0205 with Motorola as a Sole Source Covering the Purchase, Delivery
and Installation of the Equipment
The Commissioners adopted a resolution not to extend the rental schedule IC and ID of
Contract #92-0156 with Motorola for fixed end equipment, control stations, mobiles, and portables
of the Motorola SmartNet 800MHZ trunking radio system and to purchase from Motorola, Inc. the
currently installed equipment for an amount of $35.00 per schedule resulting in a total amount of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 82
$70.00 and to authorize and direct execution of the purchase through the purchase order process.
The Chairman was authorized to execute the contract documents.
The Commissioners adopted a resolution to approve Contract #97-0205 with Motorola, Inc.,
the sole source for the radio equipment, and to authorize the Chairman to execute the necessary
contract documents.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit XXV, Page 6.
Adoption of Resolution to Request the State of North Carolina to Release New Hanover
County’s Share of State Planning Funds to the Cape Fear Council of Governments
The Commissioners adopted a resolution to request the State of North Carolina to release
New Hanover County’s share of state planning funds in the amount of $13,706.60 to the Cape Fear
Council of Governments at the earliest possible time in accordance with the provision of State Law.
The Chairman was authorized to execute the necessary documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 6.
Approval of Updated Jail Medical Health Plan
The Commissioners approved the updated jail Medical Plan as presented by the Health
Department. The Chairman was authorized to execute the necessary documents.
The changes are to comply with current standards of practice, to reflect current staffing and
self-medication programs as well as fees for service. In order to comply to NCGS 153-255, the
update must be approved by the Board of County Commissioners, and the jail must have a written
Medical Plan describing the health services available to inmates.
Approval of Grant Extension from North Carolina State University to Accommodate the Final
Application for Accreditation at Dorothy B. Johnson School, Subcontract #98-0566-04,
Amendment No. 1
The Commissioners approved the grant extension from North Carolina State University
(NCSU) and authorized the Chairman to execute the necessary subcontract documents. In October,
1997, New Hanover County was awarded a grant from NCSU for the implementation of regional
training to provide technical assistance to the North Carolina School-Age Care Coalition with
marketing the accreditation system. The grant is being extended to accommodate the final application
for accreditation at the Dorothy B. Johnson School.
Approval of Change Order to Contract #98-0427 with Boney Architects for the Pilot’s Ridge
Master Plan
The Commissioners approved a change order to contract #98-0427 with Boney Architects
for the Pilot’s Ridge Master Plan in the amount of $387,834. Boney Architects has fulfilled their
contractual obligation, and in accordance with the contract, Boney Architects has presented an
expanded scope of services to include preparation of contract documents, provide assistance to the
County during the bidding phase, and provide full-time construction administration services for Phase
I infrastructure. The fee will be 6% of the estimated construction cost or $387,834. The funding
source is budgeted in Account Number 319-612-3190-6000, the Pilot’s Ridge Park Infrastructure
Account.
A copy of the change order is on file in the Engineering Department.
Authorization Granted for Release of Taxes Barred by NCGS 105-378
The Commissioners approved the following tax releases since NCGS 105-378 does not allow
forced collection of any taxes after ten years from the due date:
New Hanover County$170,214.00
Fire District$ 2,372.99
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 83
City of Wilmington$ 40,168.87
Wrightsville Beach$ 2,537.68
Carolina Beach$ 8,052.85
Kure Beach$ 924.21
TOTAL$224,270.60
These uncollected amounts represent .47% of the combined tax levies for New Hanover
County and the municipalities charged in 1988. The amount of the New Hanover County write-off
is higher than in previous years because a $100 certification penalty was charged in 1988 on
discovered vehicles, and it was difficult to collect due to the transient nature of the discovered
accounts.
Acceptance of Tax Collection Reports Through January 31, 1999
The Commissioners accepted the following Tax Collection Reports through January 31, 1999,
as submitted by the Collector of 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 XXV, Page 6.
Release of Values - Tax Department
The Commissioners released the following late listing penalties as this was the taxpayer’s first
offense:
Hutchins, Robert H. MD$197.25
Stephen, William Arthur$ 17.23
Advertisement of Tax Liens on Real Property - Tax Department
The Commissioners approved the advertisement of tax liens to be published on March 10,
1999 for all delinquent real estate accounts as of January 29, 1999. All 1998 real estate accounts not
paid by 5:00 P.M. on Tuesday, March 2, 1999, will be advertised. The outstanding amounts as of
January 29, 1999, are as follows:
Governing JurisdictionDelinquent Taxes
New Hanover County$2,408,687.12
New Hanover Co. Fire District 49,677.46
City of Wilmington 667,837.68
Town of Wrightsville Beach 51,563.67
Town of Carolina Beach 118,817.48
Town of Kure Beach 33,519.16
TOTAL - All Jurisdictions$3,330,102.57
Adoption of Resolution to Renew Contract #98-0337A with Aggreko, Inc. for Hurricane
Protection Services
The Commissioners adopted a resolution to renew Contract #98-0337A with Aggreko, Inc.,
requiring a 10% availability fee of $28,080 per year for Hurricane Protection Services. Funds have
been budgeted in the Emergency Management budget. The contract ensures that pre-selected
generator units will be available to the County on an as needed basis. If generators are needed, the
contract establishes weekly rental rates for each type of unit. The county will pay a yearly availability
fee to have the pre-selected generators available during hurricane season.
Due to an increase in the demand for generators as a result of the perceived potential
problems with Y2K nationwide, the contractor, Aggreko, Inc., has informed the County that renewal
for this hurricane season must occur before March 15, 1999 or the company will not be able to
guarantee the availability of units.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 84
A copy of the resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXV, Page 6.
Approval of Grant for New Hanover County Master Gardener Program
The Commissioners approved a grant application to fund a Master Gardener Program
Assistant in the amount of $10,000 and approved the related budget amendment. The Chairman was
authorized to execute the grant documents if awarded. No County funding is required.
Approval of Fee Schedule and Date for the Grand Opening of Airlie Gardens
The Commissioners approved a schedule of admission fees to Airlie Gardens. The fees will
take into consideration New Hanover County residents, non-residents, and members of the Friends
of Airlie for daily and annual admission. The schedule includes fees for weddings, special events, and
rental for tv and movie production crews.
The Commissioners also approved the dates of April 17-18, 1999 as the Grand Opening of
Airlie Gardens with no admission fees charged to any visitor.
Approval of “Sea The Sites” Voucher System for the Convention and Visitors Bureau
The Commissioners approved the “Sea-The-Sites” tourism voucher fee schedule. The
purpose of the voucher is to encourage attendance at educational, garden and museum locations
throughout the area. Participating sites will receive a commission on the sale of the voucher as well
as discounted gate receipts. Printing and distribution costs will be offset through sponsorship by non-
participating vendors.
Adoption of Resolution to Request the N. C. Department of Transportation to Add Powers
Drive to the State Highway System
The Commissioners adopted a resolution to request the N. C. Department of Transportation
to add Powers Drive in Prince George Estates Subdivision to the State Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 6.
Approval of Budget Amendment #99-0085 - Aging/Senior Center
The Commissioners approved the following budget amendment:
#99-0085 - Aging/Senior Center
DebitCredit
Aging/Senior Center:
Other Revenues $1,950
Departmental Supplies$ 950
Capital Outlay$1,000
Purpose:
To budget a donation from General Electric to offset cost of computer equipment for the
Volunteer Income Tax Assistance Program.
PRESENTATION OF SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Carol M. Barclay, County Manager’s Office5 years of service
John D. Margolis, Social Services5 years of service
Barbara E. Thrift, Health Department 10 years of service
Jerry R. Brim, Social Services 10 years of service
Alice Y. Elliott, Social Services 10 years of service
Scott A. Floyd, Social Services 10 years of service
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 85
Kathy C. Nuttall, Health Department 10 years of service
Dennis K. Bordeaux, Inspections Department 15 years of service
Annette Crumpton, Department of Aging 15 years of service
Seanetta M. Dixon, Sheriff’s Department 20 years of service
Chairman Caster, on behalf of the Board, presented service awards to each employee and he
expressed appreciation to them for their years of dedicated service to New Hanover County.
PRESENTATION OF COMMUNITY CRIME TASK FORCE
Mr. Albert Corbett, Chairman of the Community Crime Task Force, introduced the members
of the Task Force, and he expressed appreciation to each member for the time and effort given to
serve on the Task Force. He advised that the Task Force had accomplished great strides in the past
year, and he announced that the New Hanover County Community Crime Task Force was selected
to receive one of the Governor’s Awards for outstanding volunteer services.
Mr. Corbett presented a brief report on the following subcommittee of the Community Crime
Task Force:
Crime Lab Subcommittee:
The State Crime Lab has performed 1,200 drug evidence tests on
inmates in the New Hanover County Jail. Weeks are involved in receiving the results and securing
an expert to testify in court. At a cost of $30 per day to house one jail inmate, the Subcommittee felt
it would be cost effective to establish a local crime lab with New Hanover Regional Medical Center
providing the space. If approved, the Community Crime Task Force will recruit a chemist or chemists
and open the Crime Lab after July 1, 1999.
The Task Force is supportive of this recommendation as an effective way to reduce the jail population
as well as save time and money.
Chairman Caster requested further details on how the Crime Lab would be coordinated with the
Medical Center, and he asked if there was a potential to completely privatize the lab.
Deputy County Manager Atkinson advised that discussion had been held with the Medical Center
who has been supportive of this idea from its inception. Also, discussion has been held with two local
companies who have submitted proposals for privately operating the lab. One proposal was
excessive, and the other proposal was reasonable. However, no actual details have been discussed
with either firm until this concept has been approved by the Board of County Commissioners.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize the
Task Force to proceed with establishment of a local Crime Lab through privatization or through a
coordinated effort with New Hanover Regional Medical Center or the Board of Health, whichever
is the most economical. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Detention and Juvenile Justice Needs Subcommittee:
Additional juvenile detention beds are
needed to handle the increasing number of violent youthful offenders. Many offenders must be placed
out of New Hanover County. The Subcommittee feels that housing juvenile offenders should be a
regional concept. The Subcommittee has recommended increasing juvenile detention beds to handle
youthful offenders whether the beds come from the expanded local facility or new construction.
County Manager O’Neal informed the Board that the Juvenile Center on Blue Clay Road was
operated by the State. He explained that New Hanover County owns the building and the State leases
and operates the Juvenile Center. If this facility is expanded, the State will pay for the expansion;
however, the County has the option to operate the facility if so desired.
Motion:
After further discussion, Commissioner Howell MOVED, SECONDED by Commissioner
Birzenieks to endorse the concept of providing additional juvenile beds in New Hanover County to
handle the increasing number of violent youthful offenders. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 86
Educational Subcommittee:
There are approximately 400 students who are either on long-term
suspension or have dropped out of the New Hanover County School System. In order to address this
issue, the Subcommittee recommends establishment of an alternative and continuing education
program providing an environment in which long-term suspended students can learn.
Chairman Caster asked if there was funding available to provide some type of safe environment
learning program for children over 14 years of age.
Deputy County Manager Atkinson responded that the recently appointed Juvenile Crime Prevention
Council will focus on providing safe environment learning programs to juveniles over 14 years of age.
A suggestion has been made to use existing State funds to expand the Pathways Program to deal with
children up to 14 years of age, and to use new State funds to target children that are 15 years of age.
Motion:
After further discussion, Commissioner Birzenieks MOVED, SECONDED by
Commissioner Davis to endorse the concept of establishing an alternative and continuing education
program for long-term suspended children to learn in a safe environment. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Long-Term Drug Treatment Subcommittee:
After a thorough study, the Subcommittee
recommends establishing a long-term residential program for local drug abusers at no cost. The
County and City should work with businesses and non-profit organizations to provide a two-year
residential program. The program would be designed so the residents could become self-supporting.
Emphasis would be placed on enrolling the participants in vocational education courses and helping
them to develop interpersonal communication skills. Currently, the only program available in New
Hanover County is a 28-day program which is not long enough to break the drug cycle.
Deputy County Manager Atkinson explained that this type of program could be an alternative to
prison if a person agrees to enter into a long-term drug treatment program, such as the Triangle
Residential Options for Substance Abusers (TROSA) program in Durham County. This program is
voluntary, and if a person drops out of the program he or she will have to appear before the Judge.
TROSA can also be used to treat people who are not in jail but want to become drug free. In
Durham, the local government provides the location and pays for the building. The program is self-
supporting. Persons in the residential drug treatment program work and operate businesses out of
the facility. This allows each resident to earn money to pay for his or her living expenses. The
residents live together and they are counseled together. The services are provided for long-term
treatment with support received from each other. If a resident is caught using drugs, that person is
dismissed from the facility.
Vice-Chairman Greer commented on having compassion for these persons, but he expressed
concern for providing a program to men, women, and teenagers at no cost. In his opinion, this does
not send the right message to the drug abusers. Why should anyone try to improve if no responsibility
is required of that person.
Consensus:
After a lengthy discussion on the need to obtain more information about TROSA, it was
the consensus of the Board to defer action on this recommendation until a presentation can be made
to the Board by an expert involved with the TROSA Program.
Curfew Subcommittee:
To protect youth from victimization and defer the chance of criminal
involvement as well as provide law enforcement reasonable cause to question, the Subcommittee has
recommended establishing a curfew. Cumberland County enacted a curfew on teenagers under age
16 in September 1997 to 1998. Sheriff McQueen is in the process of following up to see if the curfew
has been successful. The Town of Wake Forest has enacted a curfew on Friday and Saturday nights
requiring teenagers 15 years of age and under to be off the streets and out of public places by
midnight.
With support from the Wilmington Police Chief and the New Hanover County Sheriff, the
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Subcommittee has recommended imposing a curfew for teenagers under age 16 on Sunday through
Thursday from 11:00 p.m. until 6:00 a.m. and on Friday and Saturday from midnight to 6:00 a.m.
The parents would be held accountable.
Commissioner Davis spoke on the difficulty of holding parents accountable and he asked if
the Subcommittee had addressed this issue.
Mr. Corbett responded that after a third offense by a child, the parents would be charged a
$100 fine.
Commissioner Birzenieks suggested having a county-wide curfew ordinance to include all the
municipalities if the Board decides to support this recommendation.
Consensus:
After a lengthy discussion on the items that must be addressed, it was the consensus of
the Board to defer action until information has been received on how curfews have worked in other
counties and municipalities. The Task Force was also requested to present recommendations on the
following items: (1) how a county-wide curfew ordinance would be prepared; (2) how the curfew
ordinance would be enforced; and (3) how and where holding facilities would be provided as a result
of the curfew.
Uniform Dress Code Subcommittee:
After study of requiring a uniform dress code in New Hanover
County Schools, the Subcommittee feels that uniforms should be required. The latest statistics
indicated that one-fourth of schools across the country are requiring school uniforms. The advantage
of uniforms is to help with identifying non-students on campus, reduce the amount of money spent
by parents for the latest fashions, and help students to focus more on learning.
The Subcommittee recommends that a uniform dress policy be implemented in New Hanover County
Schools beginning in the fall of 1999 at the elementary level. Each school would decide on its own
dress code.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to endorse a
uniform dress code for New Hanover County Schools as recommended by the Subcommittee and
encourage the Board of Education to consider implementing the policy at the elementary level in the
fall of 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Structured Sentencing Subcommittee:
The structured sentencing program is still being refined.
The Subcommittee did not make a recommendation but the members do feel the success of the
program should continue to be monitored. Most judges feel the program is not perfect, but they feel
the program is working.
Vice-Chairman Greer said if people understood how the structured sentencing program operates, it
would not be in place. Under this program, a person can burn down a building, which is a felony
crime, and not be placed in jail if that person does not have a prior record. The program is not fair
and it limits judges in sentencing offenders.
After further discussion, it was agreed that changes should be made in the current program and the
County should continue to monitor the success of the program.
Mr. Corbett advised this concluded his presentation and he offered to answer any questions.
Discussion followed on whether the Community Crime Task Force could be of further
assistance.
Chairman Caster requested Mr. Corbett to call another meeting of the Community Crime Task
Force so two County Commissioners and the group can discuss the future charge for this group.
Mr. Corbett advised that he would be glad to select an appropriate date to schedule a meeting
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MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 88
between the Task Force and two County Commissioners. He also informed the Board that the
additional information requested would be provided to the Commissioners as soon as possible.
Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Corbett and members
of the Task Force for the time and effort given to study and prepare the recommendations.
PRESENTATION OF AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30, 1998
Mr. Sam Rose, partner with McGladrey & Pullen, LLP, presented the Audit Report for the
fiscal year ending June 30, 1998. He informed the Board that the Comprehensive Annual Financial
Report prepared by the Finance Department was more than the minimum report required, which
reflects the proficiency of the Finance Director and Staff. The report fairly presents the financial
position of New Hanover County and the results of its operations as well as cash flows for the year
ended June 30, 1998. The attitude of the Finance Department is positive and creates an excellent
environment for performance of the audit.
Mr. Rose offered to answer any questions.
Commissioner Birzenieks asked Mr. Rose if he had any recommendations for the Board.
Mr. Rose responded that New Hanover County was taking on a large amount of debt;
however, the County is financially able to handle the debt. Past Boards and the current Board have
been careful to ensure that New Hanover County remains in a strong financial position.
Chairman Caster requested a motion to accept the report.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to accept the
report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ANNUAL REPORT OF THE NEW HANOVER COUNTY HEALTH DEPARTMENT
Health Director David E. Rice expressed appreciation to the Board for an opportunity to
present an overview of the Health Department. He recognized Mr. William T. Steuer, Chairman of
the Board of Health, and other members, Mr. Henry V. Estep and Mrs. Anne Braswell Rowe.
Health Director Rice presented a video entitled “Everywhere, Everyday, Everybody” prepared
by the N. C. Association of Local Health Directors in cooperation with the N. C. Public Health
Association and the N. C. Department of Health and Human Services. He expressed appreciation
to Assistant County Manager, Patricia A. Melvin, for encouraging him to present the video.
Health Director Rice said the mission of the New Hanover County Health Department is to
protect the public health and environment, promote healthy living and optimize the quality of life
through preventive, restorative, environmental, and educational services. The department stands for
honesty, efficiency and effectiveness, accountability, leadership, and team work.
The New Hanover County Health Department is comprised of the following eleven divisions
with 163 approved positions and a budget of $8,400,000:
Administration
Animal Control Services
Child Health
Communicable Disease
Community Health
Environmental Health
Health Promotion
Laboratory
Nutrition
Women’s Health Care
Charts were presented on total revenues and expenditures of the Health Department. In
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MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 89
closing the presentation, Health Director Rice advised the motto of the Health Department is “Your
Health - Our Priority”.
Vice-Chairman Greer commented on the video, and he requested Assistant County Manager
Melvin to place the video on the government access channel so the public can be better informed
about the services provided by the Health Department.
Chairman Caster, on behalf of the Board, expressed appreciation to Health Director Rice for
an excellent report.
PRESENTATION ON THE RESULTS OF A STUDY REGARDING THE IMPACT OF
RESIDENTIAL CONSTRUCTION IN NEW HANOVER COUNTY
Dr. William W. Hall, a professor with the Cameron School of Business, University of North
Carolina at Wilmington, reported on the recently completed study to assess the impact of new
residential housing on the local economy during 1997.
The following statistics were presented based on the economic impact of one single-family
unit in New Hanover County. The construction phase is a one time impact, and the occupancy phase
is for the period of time that the structure is occupied.
YearUnits
19932,222
19943,147
19953,379
19963,706
19974,740
Average units constructed per year: 3,349
1997 Economic Impact of a Typical New Single-Family Home
New Hanover County, N. C.
Construction PhaseOccupancy Phase
Income $49,500 Income $30,950
Employment 2 Employment 1
Local Government Revenues $ 3,160 Local Government Revenues $ 2,950
Local Government Costs $ -760 Local Government Costs $ 1,580
Net $3,920 Net $ 1,370
Trends: County Job Gains & Losses 1990-1996
Top Job Losses
Manufacturing-900
Top Three Job Gains
Services+7,100
Trade+4,600
Construction+2,000
Trend: Summary of Existing and Projected Housing - 1997-2010
(1)New Hanover County, including Wilmington, is projected to need a total of 12,900
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new housing units in the next 12 years.
(2)An average of 1,100 housing units will be needed per year for the next 12 years.
In closing, Dr. Hall noted that Mr. Terry Bache would complete the report.
Mr. Terry Bache, representing the Wilmington-Cape Fear Home Builders Association,
reported that the major reason for the Association contracting with UNCW to perform the study was
the need to secure an independent analysis and appraisal of the economic benefits received from
housing and growth. New Hanover County has experienced a growth boom from 1992 to 1997.
During this period, 900 hundred manufacturing jobs were lost and this figure was offset by 2,000 new
construction jobs. The projection for new homes during the next 12 years is approximately 1,100 per
year. If these figures are correct, New Hanover County will experience a reduction in home
construction between 33% and 66% over the next 12 years. With this reduction, construction jobs
will be lost. This could present a potential problem for New Hanover County.
In closing, Mr. Bache commented on the update of the Comprehensive Land Use Plan and
he requested the Board to review this economic study when finalizing this plan.
Commissioner Birzenieks commented on the need for the public to be aware of the study and
he asked Mr. Bache if there were plans to publish the report.
Mr. Bache responded that no plans have been made to publish the report; however, the Home
Builders Association will be glad to assist the County in publication of the report.
Chairman Caster, on behalf of the Board, expressed appreciation to Dr. Hall and Mr. Bache
for bringing this matter to the attention of the Board.
CONSIDERATION OF REQUEST BY THE MASON INLET PRESERVATION GROUP
FOR NEW HANOVER COUNTY TO CONDEMN THE HUTAFF PROPERTY
Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group (MIPG), reported that
last September, the MIPG outlined the relocation of the inlet 3,000 feet to the north of its present
location. Now five months later, MIPG needs assistance from the Board of County Commissioners
to carry out this objective before the sandbags are removed. Time is of essence since the next
permitted season for dredging is November 1999. MIPG has been working on the project for months
and the residents are united in their interests and dedication to resolve the southward migration of
Mason Inlet. Engineering plans, cost data, environmental studies, and methodology for recovering
the funding of the project to defray the cost to the general public have been developed. Also, over
$600,000,000 will be lost in property value if the inlet is not relocated.
N. C. House Representative Daniel F. McComas reported that Shell Island Resort has been
in the forefront of those major issues facing New Hanover County and the State for several years.
Mason Inlet, which continues to migrate south, threatens this structure. Sandbags placed just north
of the facility are scheduled to be removed later this year. The continued encroachment of Mason
Inlet provides all the ingredients for a major disaster without parallel in the history of this County or
State.
Representative McComas noted that in 1998, he held various meetings to discuss this issue
with property owners at the northern end of Shell Island, members of the Coastal Resources
Commission, and the State Department of Environmental and Natural Resources. He said as a result
of these meetings, he was able to get legislation crafted and enacted that will provide the most
reasonable solution to this dilemma. Representative McComas requested the Board to support the
efforts to relocate Mason inlet as a solution that will be a win-win situation for all parties involved.
In closing, Representative McComas said that the people of the State and County do not wish
to have public funds expended in this effort. The property owners are willing to fund this project, and
the Board should exercise due diligence and caution to insure that the private sector will pay for this
project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 91
Vice-Chairman Greer said if the land is reclaimed the State will become the owner of the
property and the northern part of Wrightsville Beach will be extended. He asked Representative
McComas if there would be a problem with giving the land back to the property owners.
Representative McComas responded that he could not answer this question; however, in
conversations with the N. C. Department of Environment and Natural Resources, these officials want
to expedite a quick solution to the Shell Island problem.
Attorney Bill Raney, representing the Figure 8 Beach Homeowners Association, said that he
could respond to Vice-Chairman Greer’s question. Under North Carolina General Statutes, there
is a legal mechanism in place for the State to convey title of the land raised from the bottom of Mason
Inlet to the property owners. The Governor and Council of State are responsible for making this
decision. One of the public benefits from relocating the inlet is the possibility of recreating this land
as a recreational area.
Attorney Raney reported that the Mason Inlet Preservation Group (MIPG) asked him to
address some of the legal aspects of the proposal. Since the time that the letter was forwarded to the
County Manager requesting to appear before the Board, a proposal has been received from the
property owners that could result in being able to acquire the necessary property rights to relocate
the inlet. The MIPG is now requesting that New Hanover County sponsor the project instead of
exercising its eminent domain authority to acquire the property rights. As a private project, the risks
are too great because current property rights negotiations could fail within the next few weeks or
months. If this should happen, it would be too late for the project to be undertaken as a private
endeavor. Therefore, New Hanover County is being requested to participate as a sponsor. The other
factor involved with sponsorship will be for the County to determine in advance a fair allocation of
the project costs among the benefitted property owners. A fair allocation cannot be computed until
the completion of the project. The County has the ability to fund the initial costs of the project and
to determine a fair allocation of the total costs once the project is completed through an assessment
process.
Attorney Raney reported the Board of County Commissioners will have to decide if New
Hanover County should become a sponsor. MIPG feels a County sponsorship would be appropriate
because the general public will benefit from the following:
?
relocation of the inlet through enhancement of the public beach access at the northern end of
Wrightsville Beach
?
improved flushing and water quality in Mason Inlet and adjoining wetlands
?
reopening of the inlet to navigational use by recreational boaters
?
protection of a $600,000,000 tax base
?
avoidance of governmental expenses associated with destruction of public and private
property if the inlet continues to erode.
The project cost including property acquisition ranges from $5,200,000 to $6,400,000. The
scope of the project could be reduced during the regulatory process. If New Hanover County
becomes a sponsor the following steps must be taken:
(1)Prepare and approve a budget. MIPG has provided the benefits of the preliminary work
performed by Karyn M. Erickson, P.E. including preliminary project cost estimates.
(2)Establish funding sources for the project. This would consist of the initial funding by the
County. Cost recovery would be through assessments against benefitted properties.
(3)Continue negotiations for property rights necessary to perform the project. The negotiations
are currently open and the owners have indicated it would be satisfactory for the County to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 92
become the grantee.
(4)Hire environmental consultants and engineering consultants to perform design and permitting
for the project.
(5)Proceed with design, environmental assessment and permitting activities.
(6)If negotiations do not result in the acquisition of the necessary property rights, the County
will have to receive approval of the N. C. Department of Water Resources to exercise
eminent domain to acquire the property rights.
(7)Receive the necessary regulatory permits.
(8)Solicit bids for construction of the project.
(9)Construct the project.
(10)Determine the actual costs of the project and allocate those costs to the benefitted properties
through an assessment to each property owner. This would involve identifying and classifying
the benefitted properties in a fair manner so each property could be assessed based upon the
value of the property.
In closing, Attorney Raney said that Ms. Karyn M. Erickson, P.E. would present a slide
presentation on the project.
Ms. Karyn M. Erickson, P.E., presented a slide presentation explaining the project design plan
and schedule, the estimated construction cost of the project, and the approach for financing the
project.
A chart was presented showing a project cost of $6,403,044. Under this plan, the Town of
Wrightsville Beach would receive 420,000 cubic yards of excavated sand and Figure Eight Island
would receive 679,000 net cubic yards of sand. Another chart was presented showing a reduced
volume of sand excavation at a project cost of $5,286,193, which appears to be a more realistic plan.
Under this plan Wrightsville Beach would receive 420,000 cubic yards of excavated sand and Figure
Eight Island would receive 422,000 cubic yards of sand.
The value of property located 4,000 feet south of Mason Inlet is estimated at $130,000,000
based on the New Hanover County Tax Office. The value of property located on Figure Eight Island
along a 10,000 foot segment of eroded beach designated for sand placement is approximately
$100,000,000. Property values for parcels located within 1,000 to 1,200 feet south of Mason’s Inlet
have decreased by 20 to 50 percent over the past two years. If no action is taken to relocate or
stabilize the inlet’s southerly migration, this trend of depreciation is expected to continue with a
significant loss of revenue in the New Hanover County tax base.
If the County decides to become a sponsor, a financing plan must be developed immediately.
Special assessments would be used as the primary source of funding. It is suggested that land and
property loss avoidance benefits be used as a basis to allocate the project costs to various
user/beneficiary groups. Benefits may be calculated for properties located within the immediate
project area that will benefit from the relocated inlet and the dredged sand. Land loss avoidance and
storm protection benefits derived from the project should reflect the engineering design features of
the projects based on a 5 to10 year project horizon. Land loss avoidance benefits to affected property
owners would be based on the risk of loss, the value of major habitable structures, and the value of
the land lost. Benefits to these down drift property owners would accrue as a direct result of the
relocation of the inlet north approximately 3,500 feet and the implementation of a long-range inlet
management program to maintain the location of the inlet in future years.
Recreational use benefits associated with use of the beaches via the public accesses located
within the project area are also important to calculate and consider in estimating the total recreational
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 93
benefit to County residents and tourists. The loss of valuable recreational beaches versus the loss of
the land/property should be considered in calculating the total economic impact of the inlet relocation
project.
The project cost of relocating Mason Inlet will depend upon several key factors including the
total amount of sand moved to infill the existing inlet and the locations for sand placement along the
eroded beaches of Figure Eight Island. Based on the project design features, the cost of the inlet
relocation project is expected to range from $5,200,000 to $6,4000,000 depending on the final
project design at the time of construction and the competitive nature of the bidding climate at the time
bids are requested.
Commissioner Davis asked Ms. Erickson if the cost projections of $5,200,000 to $6,400,000
include the cost of condemnation.
Ms. Erickson said the cost projections did not include the condemnation.
Mr. Dave Adams, speaking on behalf of the Northeast New Hanover Conservancy,
commended the County Commissioners for considering a rational approach to resolve the inlet
migration problem. He spoke on being opposed to the application filed by Shell Island to install a
steel structure across the beach in January 1996, and he also objected to the County’s appeal to
request a variance to allow Shell Island to place sandbags along the inlet. In January 1997, he
contacted the Secretary of Natural Resources and a member of Governor Hunt’s staff to implement
a dredging proposal.
After hearing the proposal today, Mr. Adams said there is one essential element missing from
the documents. The powers of eminent domain cannot be employed except for a public purpose, nor
should public funds be invested except for a public purpose. The solution to the Mason Inlet
dredging project does contain a public benefit. Relocation of the inlet will improve public navigation
and tidal circulation in the public trust estuarine waters. More importantly, relocation of the inlet
approximately 3,000 feet northward can create a major public beachfront recreational area with room
for adequate parking facilities on land that is most valuable as a public amenity and very dangerous
as a site for private development. Failure to capitalize on this opportunity will not only deny our
citizens an invaluable resource but may also repeat the same problem being experienced today.
The transfer of an area of relatively inaccessible private land from Figure Eight Island on the
north side of Mason Inlet to the accessible northern extension of Shell Island through relocation of
the inlet may create a new private developable property in an inlet hazard area, setting the stage for
re-enactment of the Shell Island Resort fiasco. Thus, all land between the relocated inlet and Shell
Island Resort must be acquired for a public purpose. Sufficient land north of the relocated inlet must
also be acquired. If this action is taken, future inlet migration will result in loss of public land through
erosion on one side of the inlet and a gain of public land on the other side. Should the inlet migrate
in the future, it can be moved back through a simple dredging project.
In closing, Mr. Adams urged the County Commissioners to expedite this project to eliminate
the threat to Shell Island Resort and provide sand to renourish the beachfront on Figure Eight Island.
Mr. Pinkston informed the Board that this concluded the presentation, and he offered to
answer questions.
Commissioner Birzenieks agreed with the concept of relocating the inlet but questioned how
the homeowners would react once they receive the special assessment.
Mr. Pinkston responded that not enough information was available to calculate a special
assessment for each property owner. After meeting with the Homeowners Associations at the north
end of Wrightsville Beach, there has been no opposition to the assessment. No dollar figure has been
presented, but discussion has occurred on a fair share pro-rated special assessment. To impose one
rate to each property owner would not be acceptable.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 94
Ms. Erickson stressed the importance of everyone understanding that using a fair share figure
would create a much lower assessment for property owners living further away from the inlet and
oceanfront.
Commissioner Howell asked the following questions:
(1) Can the County calculate a formula that will fairly assess each property owner?
(2)Can the taxpayers be held harmless if the County becomes a sponsor of the project?
Ms. Erickson responded that an official economic study should be performed to be used as
the basis for the special assessment. This would provide an economic analysis of the benefits such
as the distance from the inlet, the value the property, and the risk to the properties at the northern end
of Wrightsville Beach and southern end of Figure Eight Island. Once this information is available and
an appropriate methodology has been applied, hearings can be held to notify property owners of the
assessment. This is usually a 60-day process.
Chairman Caster requested an answer to the following questions:
(1)Is there any assurance that the property owners will pay their fair share?
(2)If the County fronts the money, will the County taxpayer be held harmless so they do not pay
for a project to help only 1,050 residents living in New Hanover County?
Attorney Susan McDaniel, representing the Shell Island Homeowners Association, stated the
County would assess the property owners, and the assessment would become a lien on the property.
The lien can be foreclosed upon within 30 days after the due date of payment. Also, the lien would
be superior to all liens (including mortgage liens) other than local, state, and federal taxes. There will
never be a guarantee that every property owner will pay the special assessment; however, the
taxpayers of New Hanover County will be protected through the liens and only the benefitted
property owners will pay for the cost of the inlet project.
Vice-Chairman Greer said the Commissioners want to be assured that the members of the
Homeowner Associations are in favor of the inlet relocation project, and they are willing to pay the
special assessment. Once this is understood, the Board will be able to render a decision. The
Commissioners are not comfortable with telling the public that Shell Island Resort and Figure Eight
Island property owners are willing to be assessed when these residents may not agree with the
proposal.
Attorney McDaniel said that she was in the position to approach the Homeowner Associations
with a resolution of support for the project. However, without a specific design and budget, it would
be impossible to project the exact amount of the special assessment. The property owners of the
Shell Island units will pay substantially more than property owners living further back from the inlet
on the northern end of Wrightsville Beach.
Vice-Chairman Greer asked if MPIG expects the County to calculate the special assessments.
Attorney McDaniel responded the County would not be expected to calculate the
assessments; however, in order to approach the homeowners, it is important to know if the County
Commissioners feel this endeavor should be continued.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to request MIPG
to proceed with obtaining approval from the Homeowners Associations on the inlet relocation
project, including payment of a special assessment fee by each property owner. Once this process
has been completed, this information should be presented to the Board at a future meeting so
consideration can be given to allowing New Hanover County to become the lead agency.
Chairman Caster opened the floor for discussion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 95
Commissioner Davis expressed concern for the costs involved with condemning the property.
If New Hanover County becomes a sponsor, the property will have to be purchased from the Hutaff
family, or the County will be required to pay the legal costs and expenses of condemnation plus the
purchase price of the property.
Vice-Chairman Greer said the motion did not include the County paying any money; however,
if the figures can be worked out, then the Board can consider whether New Hanover County should
become the lead agency.
Commissioner Davis asked who would be paying the money up-front.
Chairman Caster stated the County will not pay any money up-front until the property owners
are fully supportive of the dredging project and special assessment proposal.
Mr. Pinkston said that MPIG would like the County’s assistance in acquiring the property,
which must be done as soon as possible. With the last proposal from the Hutaff family, there is an
opportunity to negotiate a private purchase. However, if this step does not work, the next step would
be condemnation.
After discussing the need for the County to know the cost of acquiring the property, Attorney
Raney explained that the cost will depend on how the property will be acquired. A simple easement
in a minimal area will be less expensive, but if the entire tract is purchased fee simple, the cost will
greatly increase. Currently, these terms are being negotiated with the Hutaff family; however, if the
acquisition does not occur, the County will have to determine the estimated cost for the property.
Commissioner Howell asked the County Attorney if staff was comfortable with the proposed
process.
County Attorney Copley explained to the Board that a condemnation process was always
questionable. No one knows the amount that will be awarded by a jury. The County will be required
to pay the amount awarded by the jury. If the property could be acquired and the County could
become the sponsoring agent, it would be far less complicated.
Attorney McDaniel requested clarification of the motion.
Vice-Chairman Greer responded that the special assessment proposal needs to be presented
to the property owners so they will have a general idea of the money to be paid. If the property
owners are willing to support the inlet relocation project and pay the assessment, then the Board can
consider whether New Hanover County should become the sponsor.
Chairman Caster informed Attorney McDaniel that she and other persons involved would be
responsible for calculating the figures and being sure the members of the Homeowner Associations
are willing to pay the special assessment and are supportive of the dredging project. Once this
information is completed, it should be presented to the Board for further consideration.
Attorney McDaniel informed Chairman Caster that it would take at least 60 days to perform
the project analysis and hold the meetings with the Homeowner Associations.
Chairman Caster recommended holding a Public Hearing before the Board makes a final
decision. He said this is a sensitive issue and the public must be given an opportunity to speak.
Commissioner Birzenieks asked who would pay for the on-going maintenance of the project.
Chairman Caster responded this was another item to consider at a later date. He suggested
having the information requested presented to the Board in April 1999 before pursuing the
maintenance issue.
the MOTION
Chairman Caster called for a VOTE ON THE MOTION. Upon vote,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 96
CARRIED UNANIMOUSLY.
MEETING RECESSED FOR LUNCH
Chairman Caster recessed the meeting at 12:40 p.m. until 1:30 p.m.
CREATION OF AIRLIE GARDENS FOUNDATION, INC.
Commissioner Birzenieks stated it was his understanding that the basic charge of the
Foundation Board would be to raise funds to support the efforts and goals of Airlie Gardens. If this
is the case, the County Commissioners need to appoint people who are capable of getting out in the
community and raising large sums of money.
Dr. Bruce Williams, Director of Cooperative Extension Service, reported the mission and
purpose of the Airlie Gardens Foundation Board is comprised of three major purposes:
(1)The Foundation Board would distribute and help maintain the endowment for the Foundation.
The endowment would be used for future capital items to support Airlie Gardens.
(2)The Foundation Board would act as a legal non-profit umbrella for the Friends of Airlie
Gardens. A group has already been formed that is organizing the membership of the Friends
of Airlie Gardens. Approximately 1,400 people have volunteered to serve on the Friends of
Airlie Gardens.
(3)The Foundation Board would conduct the business of the Foundation.
Dr. Williams said that he did not want the Friends of Airlie Gardens to become the same type
of fund raising organization as other non-profit agencies. It is intended for the Friends of Airlie
Gardens to become an organization that will support the endowment. It is assumed that within three
to five years, Airlie Gardens will become self-sufficient. This group will provide a mechanism for
obtaining equipment for maintenance and improvements to Airlie Gardens without having to come
back to the Board of County Commissioners for funding.
Commissioner Birzenieks stated he felt the Foundation Board should have the ability to go
out into the community and raise large sums of money to make Airlie Gardens a world class facility.
The Foundation Board should not be involved with operational issues. Consequently, the
composition of the Board should be a caliber of individuals who have access to corporations,
individuals and foundations.
Dr. Williams agreed with Commissioner Birzenieks and said that many gardens have fund
raising groups that raise money for temporary capital needs or one project. Gardens that remain in
operation perpetually are the ones with endowments that are maintained with a perpetual source of
funding.
A lengthy discussion followed on the terms of office as outlined in the by-laws of the
Foundation Board. The Board concluded the by-laws should be revised to read as follows:
The members of the Foundation Board of Directors will be comprised of thirteen (13)
members with seven (7) of these members being appointed by the Board of County
Commissioners as listed below:
1County Commissioner or staff designee
1 County Manager or designee
1Director of Airlie Gardens or designee
4 At-large members appointed by the County Commissioners
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 97
1Member of the Corbett family appointed by Corbett Package Company, its successors
or assigns
1Member of the Friends of Airlie Gardens
1 Member of the Coastal Land Trust
The following Board members shall serve by virtue of their position as indicated:
1UNC-W Chancellor or designee
1President of Cape Fear Community College or designee
1Dean of North Carolina State Agriculture and Life Sciences College or designee.
Vice-Chairman Greer recommended deleting the last sentence of Section 3, Elections, in order
to be fair to all members appointed to serve on the Foundation Board:
Delete:
Provided, however, that the member appointed by Corbett Package
Company, its successors or assigns, may be removed by it and replaced prior to the
expiration of any specified term.
Further discussion followed on staggering the terms of the at-large members appointed by the
Board of County Commissioners. It was decided for the Board of County Commissioners to make
the appointments and at the first organizational meeting, numbers or straws could be drawn by the
members for the terms of office. The Clerk to the Board will advertise the four at-large members
appointed by the Board of County Commissioners when notified by Dr. Williams. Also, ratification
will be required for members appointed by the various agencies.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
by-laws as revised. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF GRANT AGREEMENT FROM THE N. C. CLEAN WATER
MANAGEMENT TRUST FUND
Planning Director Hayes reported that details were being finalized on the $6,000,000 grant
from the N. C. Clean Water Management Trust Fund. Two million dollars of the grant has been
appropriated to Airlie Gardens. In order for the County to receive the additional $4,000,000 in grant
funds to be distributed over a 5-year period ending in FY 2003, the County will receive a net increase
of approximately $314,000 per year for this period of time. Each project will have to be approved by
the Board of County Commissioners and the Trust Fund before the project can begin. An Advisory
Committee will have to be appointed by the County Commissioners to oversee the grant funds and
projects developed over the 5-year period.
In concluding his presentation, Planning Director Hayes requested the Board to approve the
grant agreement and associated budget amendment. He offered to bring back a list of names for the
Board to consider when making appointments to the Advisory Committee.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the
grant agreement from the N. C. Clean Water Management Trust Fund, approve the associated budget
amendment, request the Planning Director to bring back a list of names to be considered for
appointment to the Advisory Committee, and authorize the Chairman to execute the grant agreement.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #99-27 - Planning Department
Debit Credit
Tidal Creek Water Quality Enhancement
Water Quality Enhancement Strategies
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 98
Transfer in from General Fund $2,080,000
Clean Water Trust Fund $4,000,000
Capital Project Expense$6,080,000
Purpose:
To change fund name of Airlie Gardens Capital Project to Tidal Creek Water Quality
Enhancement Capital Project. The fund will include not only Airlie Gardens but the other Water
Quality Enhancement Strategies that are outlined in the Clean Water Trust Fund application.
APPROVAL OF PROGRAM FOR THE MANAGEMENT OF CEMETERIES IN NEW
HANOVER COUNTY
Vice-Chairman Greer spoke on the increasing need to establish a cemetery management
program for maintenance of County cemeteries and abandoned cemeteries. He advised the plan
would be comprised of the following recommendations:
?
The County should perform increased maintenance on cemeteries presently under County
care, i.e. Flemington and 17th Street Oak Grove cemeteries.
?
The County should develop and maintain a list, map, and basic information concerning all
abandoned cemeteries and private cemeteries in New Hanover County.
?
The County should develop individual plans for abandoned cemeteries either for their
protection and maintenance or, if appropriate, for their elimination.
Vice-Chairman Greer requested the Board to consider adopting the proposed program with
an allocation of $10,000 in the current fiscal year to begin the initial clearing, fencing and erection
of monuments for several County cemeteries.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to appropriate
$10,000 in this year’s budget to begin the process of clearing, fencing and erecting monuments in
several County cemeteries and to approve the Cemetery Management Program as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
COUNTY COMMISSIONERS TO SERVE AS THE CITIZENS REVIEW BOARD FOR THE
WORK FIRST PROGRAM
County Attorney Copley reported there is a possibility that New Hanover County will not
become an electing County if the North Carolina General Assembly decides to revoke the enabling
legislation that allowed counties to apply for an electing status. However, until a definite decision is
made by the General Assembly, the County Commissioners must appoint a Citizens Review Board
to hear appeals involving denial, termination, or modification of public assistance. With the
uncertainty about the enabling legislation, the Board may wish to serve as members of the Citizens
Review Board until a final decision has been rendered by the General Assembly.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to authorize the
Board of County Commissioners to serve as the Citizens Review Board until further information is
received from the General Assembly regarding the electing county status. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session to hold a Regular Meeting of the New
Hanover County Water and Sewer District from 2:20 p.m. until 2:35 p.m.
COMMITTEE APPOINTMENTS
Reappointment of William H. Cameron and Robert F. Ruffner, Jr. to Serve on the Industrial
Facilities Pollution and Control Financing Authority
Chairman Caster announced that two vacancies exist on the Industrial Facilities Pollution and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 99
Control Financing Authority. Three applications have been received, and two of the applicants,
William H. Cameron and Robert F. Ruffner, Jr. are eligible to be reappointed and both applicants have
requested to be reappointed.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint
William H. Cameron and Robert F. Ruffner, Jr. to serve six-year terms on the Industrial Facilities
Pollution and Control Financing Authority with the terms to expire February 22, 2005. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Appointment of John L. Lauer to Fill an Unexpired Term on the Library Advisory Board
Chairman Caster announced that the unexpired term of Mary K. Malley needed to be filled
on the Library Advisory Board. He advised that five applications have been received, and he opened
the floor to receive nominations.
Commissioner Birzenieks nominated John L. Lauer. The nomination was seconded by
Commissioner Davis.
There being no other nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, John L. Lauer was UNANIMOUSLY appointed to fill the unexpired term of Mary
K. Malley to expire August 31, 2000.
Postponement of Appointment to the New Hanover County Planning Board
Commissioner Birzenieks requested the Board to postpone making this appointment and
consider developing categories for future appointments of persons to serve on the Planning Board.
He explained that establishing categories does not mean that existing members of the Planning Board
will be removed. Once the categories are established, the Board can phase in future appointments
into the categories.
Chairman Caster spoke in favor of moving forward with establishing categories, and he
informed the Board that two appointments would need to be made in the fall.
Commissioner Birzenieks requested the County Manager to pass out a list of categories to
be considered by the Board, and he suggested making the next appointment to comply with one of
the categories.
Commissioner Davis asked the County Manager why an attorney would be needed on the
Planning Board.
Commissioner Howell stated when he was serving on the Planning Board, Attorney Ken
Shanklin was invaluable to the group because of his expertise in real estate which involves technical
issues dealing with zoning and subdivision regulations. Any person appointed to this Board should
have background in these areas, such as a land surveyor.
Commissioner Davis stressed the importance of developing categories that will represent a
broad representation from the community.
Chairman Caster asked if the Board would like to fill the existing vacancy and request staff
to develop categories for the vacancies that will occur in July 1999.
Consensus:
After further discussion, the County Manager and Clerk to the Board were requested
to check with the Planning Director to see if the membership of the Planning Board should be
increased, prepare a list of categories; prepare a list showing how the current members fall into the
categories, and fill the current vacancy once the categories have been established.
Appointments to the Wilmington-New Hanover Port, Waterway and Beach Commission
Chairman Caster reported that two vacancies need to be filled on the Wilmington-New
Hanover Port, Waterway and Beach Commission. He advised that two applications have been
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 100
received and one of the applicants, Wayne Hanson is eligible to be reappointed, and he desires to be
reappointed.
Chairman Caster commented on the excellent job that Richard G. Catlin has performed in
chairing the Port, Waterway and Beach Commission. He requested the Board to consider
reappointment of Mr. Catlin even though he is not eligible for reappointment.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to reappoint
Wayne Hanson and Richard G. Catlin to serve 3-year terms on the Port, Waterway and Beach
Commission. The terms will expire February 28, 2002. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
AUTHORIZATION TO INCREASE THE MEMBERSHIP OF THE NEW HANOVER
COUNTY PARKS AND RECREATION ADVISORY BOARD TO INCLUDE A
REPRESENTATIVE OF NEW HANOVER COUNTY SCHOOL SYSTEM
Chairman Greer requested the Board to consider increasing the membership of the Parks and
Recreation Advisory Board from seven (7) to eight (8) members to include a representative of the
New Hanover County School System.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to increase the
membership of the New Hanover County Parks and Recreation Advisory Board from seven (7) to
eight (8) to include a representative from the New Hanover County School System and to authorize
the Chairman to write a letter to the Chairman of the Board of Education requesting the members to
appoint a representative that will be officially ratified by the Board of County Commissioners. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
AWARD OF CONTRACT TO PARAGON BUILDING CORPORATION FOR HISTORIC
COURTHOUSE IMPROVEMENTS
Project Engineer Greg Thompson reported the Historic Courthouse Improvements project
was broken down into a base bid packet with five alternates. The base package was comprised of
the interior, upgrades including a new dias, lectern, lighting fixtures, carpet within the Assembly
Room, and electrical modifications. These upgrades do not include seating for the audience, County
Commissioners or management staff. Alternate project additions are as follows:
Alternate #1 - Landscape and Signage
Alternate #2 - Mechanical Upgrades of the Sunporch
Alternate #3 - Audio/Visual Equipment
Alternate #4 - Wood Shutters
Alternate #5 - Carpet in the 3rd floor lobby and stairs.
Vice-Chairman Greer commented on the need to provide a sound system that will improve
the acoustics within the Assembly Room, and he asked if the lower bid would accomplish this goal.
He stressed the importance of not spending a large sum of money for other renovations in lieu of
installing a good quality sound system.
Project Engineer Thompson responded that the equipment brand would be the same, and the
sound system should be greatly improved.
Ms. Jennifer France, the interior designer, commented on the importance of establishing the
character of the Assembly Room and she stated the finishes in the base bid in addition to the audience
seating and the window treatment will create the old character of the original courtroom. Wooden
blinds will greatly enhance the room which will cost approximately $27,000 which is much less than
wooden shutters at a cost of $62,000.
Motion:
After a lengthy discussion on the alternates and the need to use the Assembly Room for
special events, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to
approve Alternates 2, 3, and 5, plus the acquisition of audience chairs, wooden blinds, and chairs for
the County Commissioners and administrative staff. Upon vote, the MOTION CARRIED
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 101
UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY MANAGER
Approval of a Change of Dates for the December Meetings
County Manager O’Neal advised that discussion had occurred on the possibility of changing
the dates of the December meetings. He requested Chairman Caster to comment on this issue.
Chairman Caster recommended meeting on the first and second Monday in the month of
December.
Motion:
After discussion of the events that occur during the month of December, it was the
consensus of the Board to hold two meetings in December on December 6, 1999 and December 13,
1999. The Clerk to the Board was directed to change the meeting schedule.
Authorization for New Hanover County to Enter Into an Agreement with McGladrey & Pullen
to Perform an Audit on the WASTEC Facility
County Manager O’Neal reported that Staff has contacted McGladrey & Pullen to perform
an audit on the Environmental Management Department, specifically the WASTEC Facility. The cost
to perform the audit is $9,800 plus $300 for travel expenses. County Manager O’Neal requested the
Board to authorize him to enter into an agreement with McGladrey & Pullen.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to authorize
the County Manager to enter into an agreement with McGladrey & Pullen to perform an audit of the
WASTEC Facility and Environmental Department. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Presentation of Preliminary Drawings on Elevations of the New Hanover County Judicial
Building
Mr. Bruce Bowman, BMS Architects, presented the preliminary drawings of elevations to the
New Hanover County Judicial Building.
Due to the late hour, the Board decided to review the drawings after the Thursday Staff
meeting on March 11, 1999.
Presentation of Ad to be Published in Wilmington Star-News Regarding the Functions of
County Government
County Manager O’Neal presented a copy of the first ad to be published in the Wilmington
Star-News regarding the functions of County government. He requested the Board to review the ad
and contact him with any comments or changes.
Discussion of Additional Funding for the Port, Waterway and Beach Commission
County Attorney Copley commented on the memorandum forwarded to the Board of County
Commissioners regarding the provision of additional funding to the Port, Waterway and Beach
Commission, and she reported that after contacting the Finance Director, he felt the money should
be appropriate from the General Fund account instead of the Room Occupancy Tax account.
Vice-Chairman Greer expressed concern for removing the funds from the General Fund
account when the money could be appropriated from the Room Occupancy Tax account.
Consensus:
After discussion, it was the consensus of the Board to direct the County Manager to
place this request on the regular agenda for March 8, 1999 and provide the Board with information
regarding the appropriation of funding from the Room Occupancy Tax account versus the general
fund account.
Chairman Caster noted that at some point, the Board would have to consider some type of
funding for the committees appointed by the Commissioners, such as the Nursing Home Advisory
Committee whose members spend money for mileage.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 15, 1999 PAGE 102
Regular Meeting for March 8, 1999 to be Held in the Assembly Room of the New Hanover
County
Consensus:
After discussion of the Assembly Room being available on March 8, 1999, it was the
consensus of the Board for this meeting to be held in the Assembly Room in lieu of the Judicial
Building.
Discussion of Scheduling a Joint Meeting with the Wilmington City Council
Chairman Caster suggested holding a joint meeting with the Wilmington City Council to
discuss consolidation, Legion Stadium, combining the Planning and Parks Departments, and other
issues facing the City and County.
Commissioner Birzenieks commented on the amount of time involved with trying to resolve
the Legion Stadium issue and he stated if a joint meeting is held, a decision should be made by the
City. If the City does not want to transfer Legion Stadium to the County, this should be stated so
the Commissioners can proceed in another direction.
Commissioner Davis requested that an agenda be prepared for the joint meeting.
Consensus:
After further discussion, Chairman Caster was authorized to contact Mayor Hicks about
scheduling a joint meeting.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 3:55 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board