1999-06-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 332
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, June
21, 1999, at 9:00 A.M. in the New Hanover County Public Library, 2nd Floor Conference Room, 201
Chestnut 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
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Ted Davis led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time has 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
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to approve the
items on the Consent Agenda as submitted. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
ACCEPTANCE OF GRANT AWARD TO SHERIFF’S DEPARTMENT FOR HANDGUN
SAFETY AWARENESSAND APPROVAL OF BUDGET AMENDMENT #99-0187
The Commissioners authorized acceptance of a grant award and approved the associated
budget amendment to the Sheriff’s Department in the amount of $2,500 from the New Hanover
Regional Medical Center-Community Health Improvement Program. The funds will support the
Handgun Safety Awareness classes provided by the Sheriff’s Department. The Health Department
will incur the costs associated with the project by purchasing trigger locks, brochures and
refreshments for the classes. The grant will pay to hold classes for a period of one year. There is no
County match required.
Budget Amendment #99-0187 - Health Department
DebitCredit
Health-Injury Prevention
Handgun Safety Grant-CHIP $2,500
Supplies$1,950
Printing 550
Explanation:
To establish a budget for the grant awarded for the Handgun Safety classes provided
by the Sheriff’s Department. Expenses are incurred by the Injury Prevention Section of the Health
Department.
ACCEPTANCE TAX COLLECTION REPORTS THROUGH JUNE 1, 1999
The Commissioners accepted the following Tax Collection Reports through June 1, 1999, as
submitted by the Collector of Revenue, Patricia J. Raynor:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 333
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 14.
RELEASE OF VALUES - TAX DEPARTMENT
The Commissioners approved Senior Citizen/Disability Exclusion for the following taxpayers:
Brehmer, David Clarence Jr.$20,000
Davis Eveline$20,000
Davis, Moody Jr.$20,000
Garner, Robert L. Betty W.$20,000
Johnson, Winifred Life Estate$20,000
Lewis, Eileen O.$20,000
Wright, Dewey M. Etux.$20,000
Wychel, Glorene P.$20,000
The Commissioners approved delinquent applications for exemption from the property tax
for the following organizations:
Calvary Baptist ChurchR04811-007-029-000 &
R04811-007-028-000
South Atlantic Conference Assn. Of
Seventh Day Adventist, Inc.R05410-006-021-000
ADOPTION OF RESOLUTION TO AWARD BID (CONTRACT #99-0375) TO
NEWBOLD’S CAROLINA BBQ & SEAFOOD, INC. FOR NUTRITION SERVICES FOR
THE DEPARTMENT OF AGING
The Commissioners adopted a resolution awarding the only responsive bid to Newbold’s
Carolina BBQ & Seafood, Inc. at a price of $2.14 per meal. The Chairman was authorized to execute
the necessary documents.
At the direction of the Board of County Commissioners on May 3, 1999, the nutrition services
bid was re-advertised. The formal bid process was repeated and two bids were received for a 3-year
contract that provides meals for the congregate and home-delivered meal program. Diamond Food
Enterprises, Inc. did not submit a proposal for both options as required; therefore, the company was
disqualified from consideration.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXV, Page 14.
A copy of the contract is on file in the Legal Department.
AUTHORIZATION FOR THE NEW HANOVER COUNTY LIBRARY TO FILE A GRANT
APPLICATION TO THE LIBRARY SERVICES & TECHNOLOGY ACTGRANT
OFFERED BY THE STATE LIBRARY
The Commissioners authorized the New Hanover County Library to file a grant application
in the amount of $60,000 to the State Library Services & Technology Act Grant. The funds will be
used to purchase 44 public access computers at the Northeast Branch Library so access can be
provided to the Library’s catalog, various electronic resources, and the Internet. The required match
of $15,000 is currently budgeted in the construction project.
ADOPTION OF RESOLUTION TO DISINTER, REMOVE AND REBURY ALL GRAVES
IN THE “PINE TREE BURYING GROUND” TO FLEMINGTON CEMETERY
The Commissioners adopted a resolution to authorize staff to contract with appropriate
entities for the final location and removal of all graves in the Pine Tree Burying Ground to the
Flemington Cemetery pursuant to NCGS 65-13. The Chairman was authorized to execute the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 334
necessary documents.
A copy of this resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 14.
REAPPOINTMENT OF MEMBERS TO THE REGION O AGING ADVISORY COUNCIL
The Commissioners reappointed Louise Siler and Leigh Ann Kingsbury to serve a three-year
term on the Region O Aging Advisory Council as recommended by the Area Agency on Aging. The
terms will expire June 30, 2002.
AUTHORIZATION FOR THE PLANNING DEPARTMENT TO SUBMIT A GRANT
APPLICATION THE N. C. PUBLIC BEACH AND COASTAL WATERFRONT ACCESS
PROGRAM FOR AIRLIE GARDENS
The Commissioners authorized the Planning Department to file a grant application in the
amount of $75,000 to the N. C. Public Beach and Coastal Waterfront Access Program. Grant funds
will be used to improve trails in Airlie Gardens and develop additional access for water views of
Bradley Creek and the lakes. If the grant is awarded, the County Manager is authorized to accept
the grant, approve the related budget amendment and execute the necessary grant documents.
APPROVAL OF BUDGET AMENDMENT #99-0190 FOR VARIOUS DEPARTMENTS
The Commissioners approved Budget Amendment #99-0190 to increase the budget for
estimated sales tax revenues.
ADJUSTMENT DebitCredit
General Fund:
One-Half Cent Sales Tax Revenue:
One-Half Cent Sales Tax - Article 40 Unrestricted$175,000
One-Half Cent Sales Tax - Article 40 Schools$ 83,333
One-Half Cent Sales Tax - Article 42 Unrestricted$100,000
One-Half Cent Sales Tax - Article 42 Schools$166,667
One-Half Cent Sales Tax - Undesignated:
Transfer to Other Funds/Water & Sewer Dist.(Fund 800)$275,000
One-Half Cent Sales Tax - Schools:
Transfer to Public Schools$250,000
Public Schools:
New Hanover County Schools:
Transfer In/One-Half Cent Sales Tax$250,000
Contribution - School Capital Projects$250,000
Water & Sewer District:
Sewer Operating Fund:
Transfer In one-Half Cent Sales Tax$275,000
Water & Sewer Engineering:
Administrative Reserve$275,000
Explanation:
To increase the budget for estimated sales tax revenues.
AUTHORIZATION FOR THE PARKS DEPARTMENT TO SUBMIT A BEACH AND
WATERFRONT ACCESS GRANT APPLICATION TO PROVIDE BICYCLE PARKING
FACILITIES
The Commissioners authorized the Parks Department to submit a Public Beach and Waterfront
Access Grant application in the amount of $11,250 to provide bicycle parking facilities at each of the
nine existing public beach access sites. The County match of $2,813 will be funded within the Parks
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 335
Department’s FY 1999-2000 budget allocation. If the grant is awarded, the County Manager is
authorized to accept the grant, approve the related budget amendment and execute the necessary grant
documents.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following County employees to step forward to receive
service awards:
Barbara D. McClureFinance5 years
Harold L. KellyHealth Dept.5 years
Margaret A. PaytonSocial Services5 years
Kara C. ToneySocial Services5 years
Martha E. WatsonSocial Services5 years
Lillie J. RobinsonAging5 years
Janice BrownSocial Services25 years
Johnny R. BullardSocial Services25 years
On behalf of the Board of County Commissioners, Chairman Caster presented service awards
to each employee and each member of the Board thanked them individually for their years of dedicated
service to New Hanover County.
Chairman Caster advised that he received an e-mail over the weekend from Ms. Lynda F. Smith,
Assistant Health Director, informing him that she would not be able to attend the meeting to receive
her 15 year service award.
ACCEPTANCE OF REPORT ON FALCON CABLE TV
Mr. Mike Singpiel, Divisional Vice President of Falcon Cable TV, introduced Mr. Rich Fallon,
Area Engineer, to present an update on the technical issues of the project, and Ms. Patty Seaver, the
Office Manager, who will present an report on customer service and changes in the office.
Mr. Singpiel reported on the pending offer made by Charter Communications to purchase Falcon
Cable. If Falcon accepts the offer, it will be a positive step for the cable service. The new company
plans to move quickly into high speed modems, Internet access, and pay-per-view on demand. Charter
Communications has an aggressive plan to upgrade the cable service and would like to complete the
purchase by the end of September.
In concluding his report, Mr. Singpiel informed the Board that discussions and meetings will be
held with County Attorney Copley to complete the transfer documents within the next 60 days. He
advised the Board that all interested parties would be kept informed on the pending purchase.
Mr. Rich Fallon presented maps outlining the fiber optic cable layout for Carolina Beach. He
reported that Phase I has been completed and the company has ordered 60 miles of fiber optic cable that
should be in by the end of June. Falcon will begin stringing the cable in the county during the week of
July 6, 1999. This process will take about two to three months. After this has been completed, there
will be a retro-fitting process using the existing cable and upgrading all electronics. The upgraded
system will handle future needs with more band width than Time Warner and additional fibers for local
government offices and schools to inter-connect when using the network. Charter Communications
visited the office and was pleased with the plans for upgrading the Carolina Beach area and New
Hanover County. The improved system should be completed by the end of the year.
Commissioner Birzenieks asked when Falcon customers will begin to see a marked improvement
in picture quality.
Mr. Fallon replied that customers were already seeing improvements; however, when the fiber
optic project is completed in three months, the customers will see a marked improvement in the overall
service.
Ms. Patty Seaver, Manager of the Falcon Cable local office, reported that two customer service
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 336
lines have been added to receive calls and complaints in the local office in lieu of calling an 800 number.
The new numbers have been printed on the local statements in an effort to better serve the customers.
Also, additional service representatives have been hired to assist customers with their complaints and
problems.
Mr. Bob Sepe, cable consultant for New Hanover County, reported on being pleased with the
purchase of Falcon Cable by Charter Communications. He presented the following report:
A survey was conducted with questionnaires mailed to current Falcon Cable subscribers, former
subscribers, and non-subscribers. The results were as follows:
?
91% of persons completing the survey were receiving cable.
?
85% of persons surveyed said picture quality was the major issue.
?
The overall quality of the service provided by Falcon Cable was rated below grade.
?
29% of persons surveyed said they would switch to a small dish if available in the area.
?
65% of persons surveyed said they had personal computers.
?
70% of persons surveyed said they had a connection to the Internet.
?
36% of persons surveyed who are already connected to the Internet said they would purchase
high-speed Internet service from a cable operator if it was reasonably priced, between $15 and
$20.
?
People are interested in locally produced television about events happening in New Hanover
County.
?
70% of persons surveyed said that public access channels are important.
?
58% of persons surveyed said they would be interested in taking self-improvement courses
offered by local colleges, universities, technical schools, trade schools, and community colleges
if these courses were available on the cable television system.
?
32% of non-subscribers surveyed said they did not subscribe to cable service because of the cost;
however, 80% of those persons had a dish.
?
People want movies. They do not want home shopping.
?
People want a better selection at a reduced monthly cost.
?
Primary concerns were high cable rates, picture and sound quality reception, and frequent
outages.
?
21 people surveyed said the County Commissioners should do everything possible to get rid of
Falcon Cable.
?
106 people surveyed said they wanted ESPN II, and 65 people wanted the Home and Garden
Channel.
?
60% of persons surveyed complained about waiting too long on the telephone to discuss their
problem with the home office.
?
Many people wanted Time Warner to be their cable server.
In concluding the report, Mr. Sepe commented on the excellent response to the survey and
advised that 6,000 surveys were mailed with 1,084 returned. He informed the Board that the survey
would be part of the RFP to be provided to the cable operator. In turn the cable operator will be
requested to respond to the community needs and present a proposal defining what the cable service will
offer and how this offer will meet the community needs.
Commissioner Davis asked if the pending sale will have any influence on the actions requested
from Falcon Cable to resolve customers complaints.
Mr. Sepe stated when Falcon Cable is sold to a new cable operator, the transgressions of the
former company will be erased. The new entity cannot be held responsible for past actions. The County
will have an opportunity to decide whether to award a renewed franchise to Charter Communications
based upon a three to five month operating history. However, the needs documents will require the new
cable operator to meet community needs.
Mr. Robert W. Martenis, a concerned citizen, reported that service provided by Falcon Cable
had greatly improved but the picture quality for Channel 6 was still poor.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 337
Mr. Fallon responded that Falcon Cable has been working with Channel 6 to resolve the problem
with reception. Discussion is being held with the engineer from Channel 6 about micro waving the signal
from the Channel 6 site to the tower at Carolina Beach. Problems are also being experienced with
Channel 3. The major complaint received from customers is that Time Warner does not have problems
with picture quality for their channels, but no one understands that Time Warner has a direct fiber link
from Channel 6 and Channel 3 back to their office. Also, additional fibers have been included in the
upgrade to interconnect with Time Warner Cable so meetings from Carolina Beach, Kure Beach, and
the southern part of New Hanover County can have access to the governmental channel.
Chairman Caster asked if it will be possible for Charter Communications and Time Warner to
interconnect so meetings of the Wilmington City Council and Board of County Commissioners can be
shown on one network.
Mr. Sepe responded this will be possible by requiring both cable companies to interconnect or
both companies to pick up the signal at its origination. He advised that Charter Communications has
plans to interconnect with Time Warner.
County Attorney Copley advised that she and Mr. Sepe would be negotiating with Time Warner
to renew their franchise. One issue that will be addressed is a list of items that need to be provided
under the public education and governmental access channel.
Chairman Caster expressed appreciation to Mr. Singpiel and Mr. Sepe for the status reports.
ADOPTION OF FISCAL YEAR 1999-2000 BUDGET ORDINANCES FOR NEW HANOVER
COUNTY AND THE FIRE SERVICE DISTRICT
County Manager O’Neal advised that Budget Ordinances for New Hanover County and the Fire
Service District have been prepared as recommended by the Board.
Chairman Caster stated, for the record, the 56.5 cents recommended for the tax rate during FY
1999-2000 represents: (1) a 5-cent tax increase to pay for schools bonds plus a 14% operational
increase for New Hanover County Schools; and 1-cent increase for Airlie Gardens.
Motion:
Commissioner Birzenieks moved, seconded by Vice-Chairman Greer to adopt the 1999-2000
Budget Ordinance for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Howell moved, seconded by Commissioner Birzenieks to adopt the 1999-2000
Budget Ordinance for the New Hanover County Special Fire District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
County Manager O’Neal expressed appreciation to the Budget Staff and Department Heads for
the work and cooperation shown throughout the budget process.
Copies of the Budget Ordinances are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXV, Page 14.
ADOPTION OF RESOLUTION AUTHORIZING THE COUNTY MANAGER TO ENTER
INTO THE APPROPRIATE CONTRACTS WITH OUTSIDE AGENCIES RECEIVING
FUNDING IN THE FY 1999-2000 BUDGET
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
resolution authorizing the County Manager to enter into the appropriate contracts with outside agencies
receiving funding in the FY 1999-2000 budget. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 14.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 338
ACCEPTANCE OF BID BY JAMES A. WALKER OF THE GREENWOOD GROUP, INC., TO
PURCHASE TWO ACRES OFF MILITARY CUTOFF ROAD
Deputy County Manager, Andrew J. Atkinson, reported after performing an in-house appraisal
of the 2-acre tract owned by New Hanover County on Military Cutoff Road, the Tax Department valued
the property at $400,000. An auction was held on the June 7, 1999, and the following bidders
participated:
Tom Carter of Expo Star Displays and Graphics, Inc.
James A. Walker of The Greenwood Group, Inc.
H. David Swain of Swain & Associates
Earl Worsley, Jr. of Worsley Real Estate Company
John T. Vincent of Gulf, Worsley & Cooper Properties, LLC
The highest bid received was submitted by James A. Walker, representing The Greenwood
Group, Inc., in the amount of $550,000. All bidders requested a 60-day closing period instead of 30
days.
Deputy County Manager Atkinson requested the Board to accept the highest bid and provide
a closing period of 60 days.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to accept the
highest bid submitted by James a. Walker, representing The Greenwood Group, Inc., in accordance with
the provisions of the advertisement with a change in the 30-day closing period to 60 days. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS
INVITATION TO ATTEND INDEPENDENCE DAY CEREMONY
Chairman Caster announced that an invitation has been received from the New Hanover County
Veterans Council to attend the Independence Day Ceremony be held on July 4, 1999 at 11:00 a.m. in
the Wilmington National Cemetery. He requested the Commissioners to attend the ceremony if possible.
DISCUSSION OF LETTER FROM JOE MCINTOSH REGARDING THE MERGING OF THE
CITY AND COUNTY PARKS DEPARTMENT
Chairman Caster reported said that a letter has been received from Joe McIntosh, Chairman of
the Greater Wilmington Tennis Association, which stated that after three years of dealing with City and
County employees, he feels a merger of both Parks & Recreation Departments would benefit all local
taxpayers.
Chairman Caster advised that discussion has been held in the past about combining City and
County parks, which does not include recreation.
No further discussion occurred.
DENIAL OF TAX APPEAL BY THE PINE VALLEY BAPTIST CHURCH ON PARCEL
RO6114-002-004-000
Mr. Eric Gray, Chairman of the Pine Valley Church Trustees, expressed appreciation to the
Board for allowing the Church to appeal the decision rendered by the Tax Department on parcel
RO6114-002-004-000. He reported after the tax hearing last year, the Church in good faith made an
effort to show utilization of the property by clearing the interior of the property and erecting a cross on
the site. The property has been used several times during 1998 for overflow parking on special
occasions and for several church gatherings.
Mr. Gray informed the Board that the Church has adopted a plan for proposed development of
the lot by placing stone on the area to be used for parking with the remainder of the lot to be used for
worship services. He said a copy of the plan was provided to the Tax Administrator, Bob Glasgow, for
his review and to be shared with the Board of County Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 339
In closing, Mr. Gray said the Church feels that it has acted in good faith, and he requested the
Board to grant the tax exemption for the lot.
Commissioner Birzenieks asked how many times the lot had been used by church members for
worship during the past year.
Mr. Gray responded the lot was not used on a scheduled basis; however, he had been informed
by the Church Office that the lot has been used on a number of occasions, particularly around Christmas
for groups gathering to sing Christmas carols in the community. A drama was held in the Church two
months ago, and the lot was used for overflow parking.
Tax Administrator, Robert C. Glasgow, advised that when he visited the property he found that
a cross had been erected, and the lot had been semi-cleared with two large piles of debris at the corner
of the lot. There appeared to be very limited parking on the interior. Perhaps, a truck or three vehicles
could be parked on the lot. The site did not appear to being used wholly and exclusively for religious
purposes as outlined in the North Carolina General Statutes. The Tax Department does not feel the lot
is being used as frequently as it should be to fall within the exemption status. A plan has been presented
to show how the lot will be used in the future; however, the General Statutes do not provide an option
to grant a tax exemption for property to be used in the future.
In closing, Tax Administrator Glasgow recommended denial of the exemption requested by Pine
Valley Church because the lot is not being used wholly and exclusively for religious purposes.
Chairman Caster inquired as to the tax value of the lot.
Tax Administrator Glasgow responded the parcel was valued at $400,000 in 1999 which
represents an increase of $150,000. In 1998, the property tax was $3,287.50 and in 1999, the assessed
tax will be $4,140.00.
Commissioner Davis said the purpose of the action taken by the Board of County Commissioners
last year was to give Pine Valley Church an opportunity to clear the property so it could be used for
church activities and would fall under the property exemption statute. He asked Tax Administrator
Glasgow if the improvements to the lot made by Pine Valley Church would justify granting the tax
exemption.
Tax Administrator Glasgow responded the Tax Department does not believe the improvements
to the lot have met the exemption requirements. The semi-clearing of the lot and erecting of the cross
indicates that the church plans to use the lot, but the lot is not being used exclusively and wholly for
religious activities at the present time.
Commissioner Davis commented on the plan presented by Pine Valley Church and he asked if
the plan had been implemented within the last year, would the Tax Department grant the exemption.
Tax Administrator Glasgow responded the tax exemption would be granted because the property
would be used for church activities.
Commissioner Birzenieks asked if there were any other churches in similar positions.
Tax Administrator Glasgow responded there were several churches in the same position and said
that taxes are being assessed. For example, the Catholic Church located on Carolina Beach Road has
15 acres adjacent to the church and property taxes are paid on this acreage.
Commissioner Birzenieks expressed concern for setting a precedent, and he asked if Pine Valley
Church is not taxed on this parcel, how will the Tax Department handle other churches in similar
positions.
Tax Administrator Glasgow responded that other church sites would have to be reviewed and
probably granted exemptions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 340
Motion:
After further discussion, Chairman Caster MOVED, SECONDED by Commissioner Birzenieks
to deny the tax exempt status as recommended by the Tax Administrator because the lot is not being
used wholly and exclusively for religious purposes. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADOPTION OF AMENDED PRELIMINARY ASSESSMENT RESOLUTION FOR NEW
HANOVER COUNTY TO BECOME THE SPONSOR OF THE MASON INLET
RELOCATION PROJECT
County Attorney Copley reported that Attorney Bill Raney, Attorney Susan McDaniel and Mr.
Frank Pinkston were present and would be representing the parties involved in the Mason Inlet
Relocation Project. She reported the Board originally adopted the Preliminary Assessment Resolution
for the project on May 17, 1999. After the meeting, the Legal Department was contacted by Attorney
Raney and Mr. Pinkston regarding concerns by some property owners about having more details on the
assessments incorporated into the resolution. She said that Mr. Pinkston and Attorney Raney would
explain the changes in the revised resolution.
Mr. Frank Pinkston, representing the Mason Inlet Preservation Group, reported that many of the
property owners were concerned about the original resolution because it did not clearly provide details
regarding assessments to each individual property owner. He advised that the resolution has been
revised and said that Attorney Raney was present to explain the changes.
Attorney Bill Raney, representing Figure Eight Island property owners, informed the Board that
he drafted the revised resolution and said the proposed changes will be more acceptable to a larger
percentage of property owners. The main revision is to use “land area” as the basis for non-oceanfront
lots in lieu of the tax value. The original concept from the Board of Directors of the Figure Eight Island
Homeowners Association was to have a simple formula that would require oceanfront property owners
to pay one assessment that would be twice as high as non-oceanfront property owners. This formula
would not fit into the statutory language; therefore, the assessment had to be based on “land value” or
“land” area. In the first resolution, a quick judgement was made to use “land area” as the basis for
calculating the assessment; however, in reviewing the land area formula, it was recognized that some
inequities did exist because some of the largest lots further away from the project were being assessed
at unusually high values compared to lots that were close to the project. It was then decided that the
“land value” criteria would more equally distribute the assessments for oceanfront and non-oceanfront
lots. On the Wrightsville Beach side, the revised resolution will provide a greater degree of detail about
assessments. The other provisions of the resolution will remain the same. The total cost of the project
will be assessed to the benefitted properties, and the breakdown cost to the Figure Eight Island side and
the Wrightsville Beach side will remain the same.
In closing, Attorney Raney said the revised resolution will provide a more equitable method for
assessing the benefitted properties.
Chairman Caster asked if anyone present would like to comment.
Mr. Raymond C. Parker, a resident 322 Beach Avenue North, commented on the letter
forwarded to the Board of County Commissioners regarding North Carolina Statute 153A-186-5(D)(C)
and he advised that the statute clearly states: “the distance from the project, elevation from the land,
or other relevant factors shall be taken into consideration when determining assessments.” He said if
the Board proceeds with the assessment as proposed by the Figure Eight Island Homeowners Board of
Directors, the County will not be conforming to the Statute.
Mr. Parker informed the Board that he owned a lot located 2 ½ miles from the proposed inlet
without a boat dock. The Figure Eight Island Homeowners Association has asked him to pay an
assessment of $1,500, which is the same as a property owner living 100 to 200 yards from the proposed
inlet with a boat dock. Mr. Parker expressed concern for the assessment being unfair and not complying
to the aforementioned General Statute.
Chairman Caster informed Mr. Parker that he would have an opportunity to present this concern
at the Public Hearing to be scheduled on July 12, 1999.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 341
Discussion followed on whether the Legal Department had time to review the proposed
resolution. County Attorney Copley advised that a review had been made by the Legal Department as
to the legality of the document. The resolution does comply to the procedures outlined in the North
Carolina General Statutes. She said that she was not familiar with the percentages and technical
calculations that were used to develop the assessment formula.
Commissioner Birzenieks asked County Attorney Copley if she had any response to Mr. Parker’s
problem.
County Attorney Copley responded that she had not seen Mr. Parker’s letter and stated she felt
this matter would have to be resolved between Attorney Raney and Mr. Parker.
Attorney Randy responded the General Statutes provide a great deal of latitude in setting up
assessments. There is a provision in the Statute that specifically states the discretion used by the Board
of County Commissioners is not reviewable by the courts. However, the assessments should be fair to
all property owners. The revised Preliminary Assessment Resolution does meet the statutory standards;
however, this is not the only way to assess properties. Attorney Raney advised that the concern
presented by Mr. Parker should be part of the Public Hearing to be held on July 12, 1999.
Chairman Caster called for a motion on the proposed resolution.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the revised
Preliminary Assessment Resolution for New Hanover County to become the sponsor of the Mason Inlet
Relocation Project and to schedule a Public Hearing on July 12, 1999 to receive public comments.
Commissioner Davis stated, for the record, he was in favor of the project but felt the money
should be collected up-front without going through the assessment process.
Commissioner Birzenieks agreed with the statement made by Commissioner Davis.
Chairman Caster stressed the importance of everyone understanding that the percentages and
formula used for the assessments were determined by the Mason Inlet Preservation Group.
Chairman Caster called for a vote on the MOTION TO APPROVE the revised Preliminary
Assessment Resolution. Upon vote, the MOTION CARRIED BY A 3 TO 2 VOTE AS FOLLOWS:
Voting Aye:Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Voting Nay:Commissioner Birzenieks
Commissioner Davis
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit
Book XXV, Page 14.
ADOPTION OF SOLID WASTE TIP FEES FOR FY 1999-2000
Director of Environmental Management, Ray Church, reported in order to maintain the flow of
waste to County facilities, New Hanover County must become a market participant. The FY 1999-2000
Budget has been prepared with a tipping fee of $28.00 per ton for municipal solid waste. Other changes
in tipping fees represent an increase in the category of concrete, brick, and dirt from $6.80 per ton to
$15.00 per ton to encourage recycling of these materials. The categories of lumber, shingles, sludge, and
tires remain unchanged. An increase from $35.00 to $45.00 per cubic yard is proposed for disposal of
asbestos to cover the cost of paper work and movement of equipment from the operating cell to the
asbestos site.
In closing, Director Church requested the Board to approve the fee schedule as proposed.
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Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to adopt the proposed
tipping fee schedule as recommended by the Environmental Management Department. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the fee schedule is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 21.
Vice-Chairman Greer requested Director Church to notify the haulers about the revised tipping
fee schedule. Director Church responded that notification would be forwarded to the haulers.
Director Church requested the Board to write a letter to the Congressional Delegation requesting
them to support SB 872 and SB 663. He said that enactment of these bills will assist local governments
with the authority to direct locally generated solid waste to disposal facilities financed by locally incurred
debt.
Consensus:
It was the consensus of the Board to authorize Chairman Caster to write a letter of support
for the referenced bills.
Commissioner Davis requested a brief report on where the County stands on discussion of a
county-wide trash collection system.
Vice-Chairman Greer reported the members of the Solid Waste Advisory Board have different
opinions on how to handle solid waste. Discussion has been held on establishing a county-wide
collection system with some members feeling this will greatly assist the County in controlling solid waste
as well as stop illegal dumping. Other members feel that since the City is in the process of annexation,
a majority of county citizens will have a mandatory trash collection system. The same feelings are true
with recycling. The Advisory Board has not progressed quickly because of the complexity of the issues;
however, some progress is being made. At this time there is no way to determine the outcome of the
recommendations by the Advisory Board. At the last meeting, Mr. Chris McKeithan was elected
Chairman of the Advisory Board and Mr. Randy Ganey was elected Vice-Chairman. Now, some of the
members of the Advisory Board feel that Mr. McKeithan and Mr. Ganey should be not be in those
positions since they are in the trash collection business.
Commissioner Davis commented on the number of discussions held with people who have
contacted him regarding this issue and he asked if the Board plans to wait until the recommendations
of the Advisory Committee have been received before addressing this matter.
Vice-Chairman Greer said the Advisory Board should have completed this process, but it does
not appear this will ever be accomplished with the differences of opinions among the members.
Chairman Caster suggested establishing a date when the Advisory Board should have the
recommendations completed.
Vice-Chairman Greer spoke in favor of a deadline but stressed the importance of everyone
understanding that regardless of the recommendations received, the Board of County Commissioners
will be responsible for making the final decision.
Director Church advised that the purpose of the Advisory Board was to assist the Environmental
Management Department in revising the 10-Year Plan for environmental management as required by
State Statutes. This plan must be revised next year; therefore, the Commissioners may want to wait
before placing a sunset on the Advisory Board because new officers will be appointed on July 14, 1999,
and Mr. Paul Christian, an official from the N. C. Solid Waste Section, will appear before the Advisory
Board seeking recommendations on how to reduce the waste stream. State officials are concerned about
New Hanover County not reducing the waste stream. The State goal was to reduce the waste stream
40% by the year 2001. Unfortunately, the waste stream has increased.
Director Church said with revision of the 10-Year Plan in 2000, he would recommend keeping
the Advisory Board intact and polling the members who do not participate to see if they are interested
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in continuing to serve on the board. If the members are not interested in serving, new members can be
appointed.
County Manager O’Neal commented on the solid waste issue being hotly debated over a period
of ten years and he stated this is a complicated issue that is misunderstood by the public. He said in
some ways, New Hanover County has the best of all worlds because the County has in place an
incinerator, landfill, the services of private haulers, recycling, and a construction and demolition center.
Many counties are not in this position and they have no control over solid waste disposal.
Mr. Chris McKeithan, Chairman of the Solid Waste Advisory Board, stated he had tried to
conduct meetings of the Advisory Board in a fair manner; however, the memorandum from Geof Little
that was presented to the Advisory Board was not appreciated. In the memorandum, Mr. Little
indicated that he would like to see the department become self-sufficient. If this department is to
become self- sufficient, the solid waste fee will have to be increased to $60.00 per ton.
Mr. McKeithan informed the Board that the rate for disposal across the country, including profit,
is $28.00 per ton. If staff does not acknowledge this fact, New Hanover County will continue to have
a problem. The cost to operate the incinerator will never be able to compete with the cost of operating
a landfill. As long as New Hanover County keeps the incinerator operational, the existing and current
Board will have to continue to find measures to keep the cost of operation down. If the incinerator is
closed, New Hanover County has enough landfill to dispose of waste for a minimum of 30 years, which
is enough time to locate another site.
Mr. McKeithan commented on the audit report from McGladrey & Pullen which showed that
the cost of incineration was $38.00 per ton versus $7.00 per ton for using the landfill. It appears the
incinerator could be closed and pay off the bond debt in four years by taking the waste to a landfill.
With the City annexing a large portion of the county, why should the County consider a mandatory trash
collection service. Staff is in favor of a mandatory service to control the waste flow which will allow
the incinerator to continue to operate.
Mr. McKeithan stated that he felt the Solid Waste Advisory Board was at a stand-off because
of the differences in opinions among the members. He spoke on the complexity of the issue and said the
final decision will have to be made by the Board of County Commissioners. If a decision is based on
dollars and cents, the Board should thoroughly review the McGladrey & Pullen Audit report.
In concluding his remarks, Mr. McKeithan commented on the incident with Dr. Richard R. Rust,
an Environmental Consultant, and he reported that with the Advisory Board at a stand-still, he called
various people to see if there was a consultant that could appear before the group to help address some
of the complicated issues and possibly bring new ideas to the table. Dr. Rust is known nationally for his
expertise in solid waste disposal; however, this ended up being an unpleasant ordeal for everyone.
Vice-Chairman Greer informed the Board that Mr. McKeithan and other haulers have worked
hard to bring this group together; however, he feels it might be better to reappoint a new group without
him serving on the Advisory Board. A committee composed of new people might help with the current
stand-off within the group.
Vice-Chairman Greer said sooner or later the Board of County Commissioners will have to
decide whether to continue to burn trash at a high cost or consider other options. Everyone feels a
county-wide collection system should be established to control the flow of waste; however residential
waste represents only 30% of the waste stream. Many people feel that the incinerator should continue
to operate with the County paying the cost, and others are questioning whether using the landfill would
be more cost effective. One member of the Advisory Board, Mr. David Sims, a local engineer who
served on the original committee that decided to move forward with constructing the incinerator, is
currently serving on the Advisory Board. After a review of the data presented, Mr. Sims now feels that
the incinerator was the right option to select 15 years ago, but it is not the right method of disposal at
the current time because of the cost of operation.
Chairman Caster said the Board must decide whether the incinerator should be kept operational,
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and if that decision is yes, a county-wide mandatory trash collection system will be essential to manage
flow control.
Commissioner Birzenieks noted that if the City and County were consolidated into one
government, there would be no discussion of this issue. He again emphasized the importance of having
one consolidated government in New Hanover County.
Commissioner Davis commented on this being a complicated issue, and he said that many people
in the county want a mandatory trash collection system. He stressed the importance of this issue being
fully discussed before a decision is made by the Board so the public will better understand the problem.
Vice-Chairman Greer said the Board should thoroughly review the McGladrey and Pullen Audit
report and read the letter from Dr. Rust. No decision can be made until the Commissioners have read
the information available about this complex problem.
Commissioner Birzenieks expressed concern for continuing to discuss disposal of solid waste
without making a decision. He suggested establishing a time frame for the Board to render a decision.
County Manager O’Neal cautioned the Board about establishing a deadline before the fall
because of the heavy flow of trash in the summer months.
Chairman Caster suggested placing this item on the November 15, 1999 agenda at which time
a decision will be made by the Board.
Director Church advised that an idea suggested at the last meeting of the Solid Waste Advisory
Board was to visit Charleston County, South Carolina, to review a user fee system. This system charges
a solid waste user fee on the tax bill.
Vice-Chairman Greer reported that the user fee system appears to work well in Charleston
County. The waste disposal costs of operating the incinerator, landfill, etc. are charged as a user fee on
the tax bill. The haulers charge customers for the monthly trash collection service. If this type of system
is used in New Hanover County, the cost of operating the incinerator would be charged to each
taxpayer.
Vice-Chairman Greer said, in his opinion, if New Hanover County does not want to fill up the
landfill and the waste can be carried out of the county for $28.00 per ton, why should the county spend
$60.00 per ton to burn the trash.
Chairman Caster expressed concern for New Hanover County being sued in future years for the
trash that has been carried to Sampson County.
Vice-Chairman Greer responded that if trash is landfilled in New Hanover County and local
governments are sued in the future, New Hanover County will be the only responsible party liable for
payment. If the trash had been carried to Sampson County, BFI, Sampson County, and all other
counties carrying trash to that landfill will become responsible parties and the liability will be much less
for New Hanover County.
Consensus:
After further discussion, it was the consensus of the Board for the County Manager to place
the disposal of solid waste issue on the November 15, 1999 agenda.
ADOPTION OF CAPITAL PROJECT ORDINANCE FOR CONSTRUCTION OF WETLAND
CELLS AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #99-43
Director of Environmental Management, Ray Church, informed the Board that a Capital Project
Ordinance must be approved to establish the fund for construction of wetland cells. A grant has been
awarded to New Hanover County from the N. C. Clean Water Management Trust Fund in the amount
of $785,000 to build two constructed wetland cells of two acres each for treatment of landfill leachate.
The wetlands treated leachate will be used for irrigation purposes on closed landfill cells. The long-term
goal is to increase the treatment capacity, reduce treatment costs, and initially reduce the amount of
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treated wastewater discharge to the Northeast Cape Fear River. The total cost is $1,028,500 with a
County match of $243,500 to pay for engineering design and permitting costs, wetland plants, and
irrigation equipment. The match was approved and taken from the Environmental Management fund
balance as of the November 23, 1998 meeting.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to accept the Clean
Water Management Trust Fund Grant in the amount of $785,000, adopt the Capital Project Ordinance,
approve the associated budget amendment; and authorize the Chairman to execute the necessary grant
documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Vice-Chairman Greer expressed appreciation to Director Church and his staff for the innovative
programs that are being used at the Environmental Management Department.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXV, Page 14.
A copy of the contract is on file in the Legal Department.
Budget Amendment #99-43 - Landfill
DebitCredit
Landfill
Appropriated Fund Balance $243,500
Transfer to Capital project Fund 730$243,500
CWMTF-Wetland Cells
Transfer in from Fund 700 $243,500
CWMTF Grant785,000
Capital Project Expense $1,028,500
Explanation:
To budget funds from Fund Balance in Fund 700 to be used as match on the CWMTF
grant and to establish the capital project budget according to the Capital project Ordinance.
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE EPA AND
NEW HANOVER COUNTY TO BECOME A LANDFILL METHANE OUTREACH
PROGRAM PARTNER
Director of Environmental Management, Ray Church, requested the Board to consider New
Hanover County becoming a Landfill Methane Outreach Program Partner with the Environmental
Protection Agency (EPA). The EPA has developed a non-regulatory voluntary program that helps
communities develop cost effective landfill gas-to-energy projects. The program is called the Landfill
Methane Outreach program. The EPA is seeking partners to encourage the development of
environmentally and economically beneficial landfill gas-to-energy projects. The responsibilities of the
EPA are to provide project assistance, public recognition, marketing tools, and serve as a liaison. The
responsibilities of New Hanover County are to annually complete a project profile, participate in a peer
network, promote the Landfill Methane Outreach program, and provide a liaison. The partnership will
allow the use of the Landfill Methane Outreach Program logo in publications about the proposed
project.
In closing, Director Church advised that either party could terminate the agreement without
cause or penalty. Other participants in North Carolina are Wake County, Mecklenburg County, Forsyth
County, Cumberland County, the City of Greensboro and numerous industries. He reported that two
proposals have been received from developers for construction. He requested a Commissioner to serve
on the Selection Committee to review the proposals.
Consensus:
After discussion of the NACo Conference to be held in July and vacations being taken by
the County Commissioners, it was the consensus of the Board to request Director Church to inform the
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Board when an interviewing date is scheduled and approach the Board about the appointment of a
County Commissioner to serve on the Selection Committee.
Motion:
After further discussion of the program, Commissioner Birzenieks MOVED, SECONDED
by Vice-Chairman Greer to approve a Memorandum of Understanding with the Environmental
Protection Agency to allow New Hanover County to become a Landfill Methane Outreach Program
Partner and authorize the Chairman to execute the necessary documents.
A copy of the Memorandum of Understanding is on file in the Legal Department.
APPOINTMENT OF MEMBERS TO SERVE ON THE AIRLIE GARDENS FOUNDATION,
INC. BOARD OF DIRECTORS
Chairman Caster advised that four at-large members need to be appointed by the Board of
County Commissioners as well as one County Commissioner and/or a designee to serve on the Airlie
Gardens Foundation, Inc. Board of Directors. He stated that eight applications have been received and
he opened the floor to receive nominations.
Discussion was held on the fact that an application had not been received from Agnes Beane.
Clerk to the Board, Lucie F. Harrell, explained at the request of Ms. Beane, an application was faxed
to her home. After receipt of the application and basic information about the duties, Ms. Bean called
and requested more information on the responsibilities of the Board. This information was faxed to Ms.
Bean and as of this date no application has been returned.
Vice-Chairman Greer suggested appointing Ms. Bean because she had indicated an interest in
serving on the Foundation Board of Directors.
Commissioner Davis nominated Royce N. Angel, Agnes Beane, Estell C. Lee, and Robert W.
Martenis. The nominations were seconded by Commissioner Birzenieks.
Vote:
Upon vote, the Board UNANIMOUSLY APPOINTED Royce N. Angel, Agnes Beane, Estell
C. Lee, and Robert W. Martenis to serve on the Airlie Gardens Foundation, Inc. Board of Directors.
Chairman Caster requested the Board to officially ratify the appointments of Chancellor James
Leutze, Dr. Eric McKeithan, Camellia Herivech, and Dr. Theodore E. Bilderback.
Consensus:
It was the consensus of the Board to ratify the appointment of the following persons to
serve on the Airlie Gardens Foundation, Inc. Board of Directors:
Chancellor James Leutze, University of N. C. at Wilmington Representative
Dr. Eric McKeithan, Cape Fear Community College Representative
Camellia Herivech, N. C. Coastal Land Trust Representative
Dr. Theodore E. Bilderback, NCSU Agriculture & Life Sciences Representative
Consensus:
After discussion of the need to appoint a County Commissioner to serve on the Board, it
was the consensus of the Board to appoint Commissioner Ted Davis to serve as the Commissioner
representative and County Manager O’Neal to serve as the manager designee.
BREAK
Chairman Caster called a break from11:09 p.m. until 11:20 p.m
COMMITTEE APPOINTMENTS
Appointments to the ABC Board
Chairman Caster reported that one vacancy exists on the ABC Board and advised that five
applications have been received. He also informed the Commissioners that a Chairman must be
appointed to serve for the coming year.
Commissioner Birzenieks commented on the outstanding job performed by Dr. Howard L.
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MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 347
Armistead as Chairman of the ABC Board, and he recommended reappointing him to a third term and
reappointing him to serve as Chairman of the ABC Board for the ensuing year.
Motion:
After discussion of the progress made by the ABC Board, Commissioner Birzenieks MOVED,
SECONDED by Commissioner Davis, to reappoint Dr. Howard L. Armistead to serve a third 3-year
term on the ABC Board with the term to expire June 30, 2002, and to reappoint Dr. Armistead to serve
as Chairman of the ABC Board for the ensuing year. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Appointments to New Hanover County Adult Care Community Advisory Committee
Chairman Caster advised that nine positions need to be filled on the Adult Care Home
Community Advisory Board with nine applications received. Four of the applicants, Jewell Ann Diehn,
Lois Fox, Michael W. Rogers, Richard I. Salwitz, and Doris Lancaster Thompson are eligible for
reappointment and desire to be reappointed.
Motion:
Vice- Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint
Jewell Ann Diehn, Lois Fox, Michael W. Rogers, Richard I. Salwitz and Doris Lancaster Thompson to
serve 3-year terms on the Adult Care Community Advisory Committee. The terms will expire June 30,
2002. Upon vote, the MOTION CARRIED UNANIMOUSLY
Motion:
After discussion of the other applicants, Commissioner Birzenieks MOVED, SECONDED by
Vice-Chairman Greer to appoint Judith M. Foley, Dorothy L. Grime, Sharon O. Lee, and Sandra
Privette to serve one-year terms on the Adult Care Home Community Advisory Committee. The terms
will expire June 30, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the New Hanover County Airport Authority
Chairman Caster advised that two positions were vacant on the Airport Authority with six
applications received. Two of the applicants, Parks L. Griffin and Irvin A. Roseman, DDS, are eligible
for reappointment and desire to be reappointed.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to reappoint Parks
L. Griffin and Irvin A. Roseman, DSS to serve 4-year terms on the Airport Authority. The terms will
expire July 1, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to Cape Fear Coast Convention & Visitors Bureau
Chairman Caster advised that one at-large position and one marketing, advertising and public
relations position were vacant on the Cape Fear Coast Convention & Visitors Bureau. Eight
applications have been received in the at-large category and one application has been received in the
marketing, advertising, and public relations category.
Chairman Caster opened the floor to receive nominations for the one at-large position.
Vice-Chairman Greer nominated Harold B. King to serve as the at-large representative. The
nomination was seconded by Commissioner Birzenieks.
Vice-Chairman Greer nominated Mike Bender to serve as the marketing, advertising and public
relations position.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, the Board UNANIMOUSLY appointed Harold B. King to serve as the at-large
representative on the Cape Fear Coast Convention & Visitors Bureau and appoint Mike Bender to serve
as the marketing, advertising, and public relations representative with the 3-year terms to expire May
31, 2002.
Reappointment of Robert S. Rippy to Serve on the Cape Fear Community College Board of
Trustees
Chairman Caster advised that one position needed to be filled on the Cape Fear Community
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College Board of Trustees. Five applications have been received with one applicant, Robert S. Rippy,
being eligible for reappointment and desiring to be reappointed.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to reappoint Robert
S. Rippy to serve a 4-year term on the Cape Fear Community College Board of Trustees with the term
to expire June 30, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment to the New Hanover Commission for Women
Chairman Caster advised that one vacancy needed to be filled on the Commission for Women
to fill the unexpired term of Eileen McConville. He advised that six applications have been received, and
he opened the floor to receive nominations.
Chairman Caster nominated Patricia A. Tate. The nomination was seconded by Commissioner
Birzenieks.
Vote:
Upon vote, the Board UNANIMOUSLY appointed Patricia A. Tate to fill the unexpired term
of Eileen McConville. The term will expire May 31, 2000.
Appointments to the Museum Board of Trustees
Chairman Caster reported that five vacancies need to be filled on the Cape Fear Museum Board
of Trustees. He stated that two of the applicants, Louis A. Burney, Jr. and Dr. J. W. Hooper were
eligible to be reappointed.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint Louis
A. Burney, Jr. and Dr. J. W. Hooper to serve 3-year terms with the terms to expire June 30, 2002. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster opened the floor to receive nominations for the remaining three vacancies.
Commissioner Birzenieks nominated Carole Benton Jackson. The nomination was seconded by
Commissioner Davis.
Chairman Caster nominated Dianne S. Avery. The nomination did not receive a second.
Vice-Chairman Greer nominated Wilbur D. Jones, Jr. The nomination did not receive a second.
Commissioner Birzenieks nominated F. L. “Tanky” Meir. The nomination was seconded by
Vice-Chairman Greer.
Vice-Chairman Greer nominated John Bernhard Thuersam. The nomination was seconded by
Commissioner Birzenieks.
Vote:
Upon vote, the BOARD VOTED 4 TO 1 to appoint Carole Benton Jackson to serve a 3-year
term on the Cape Fear Museum Board of Trustees. The term will expire June 30, 2002. Vice-Chairman
Greer voted in opposition.
Vote:
Upon vote, the BOARD VOTED 4 to 1 to appoint F. L. “Tanky” Meir to serve a 3-year term on
the Cape Fear Museum Board of Trustees. The term will expire June 30, 2002. Chairman Caster voted
in opposition.
Vote:
Upon vote, the BOARD VOTED UNANIMOUSLY to appoint Bernhard Thuersam to serve a
3-year term on the Cape Fear Museum Board of Trustees. The term will expire June 30, 2002.
Postponement of Appointments to the Board of Fire Commissioners
Chairman Caster reported that appointments to the Board of Fire Commissioners have been
postponed until August 16, 1999 to give time to re-advertise the vacancies and allow the Fire
Administrator to contact the chief of each volunteer department regarding the submission of
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applications for the two at-large volunteer fire department representatives.
Appointments to the Nursing Home Community Advisory Committee
Chairman Caster advised that six vacancies exist on the Nursing Home Community Advisory
Committee. He stated that ten applications have been received and three of the applicants, Catherine
R. Davis, Eileen B. Rock, and John D. Sabo were eligible for reappointment and desire to be
reappointed.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint
Catherine R. Davis, Eileen B. Rock, and John D. Sabo to serve 3-year terms on the Nursing Home
Community Advisory Committee. The terms will expire June 30, 2002. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Caster opened the floor to receive nominations to fill the remaining three vacancies.
Vice-Chairman Greer nominated Dorothy Lane Grime. The nomination was seconded by
Chairman Caster.
Chairman Caster nominated Patricia A. McMahon. The nomination was seconded by
Commissioner Birzenieks.
Vice-Chairman Greer nominated Catherine W. Morgan. The nomination was seconded by
Commissioner Birzenieks.
Vote:
Upon vote, the BOARD UNANIMOUSLY appointed Dorothy Lane Grime, Patricia A.
McMahon, and Catherine W. Morgan to serve 1-year terms on the Nursing Home Community Advisory
Committee. The terms will expire June 30, 2000.
Appointments to the Parks and Recreation Advisory Board
Chairman Caster advised that two positions need to be filled on the New Hanover County Parks
and Recreation Advisory Board. He stated that four applications have been received and two of the
applicants are eligible for reappointment and desire to be reappointed.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint
James H. Medlin, Jr. and Fred Spain to serve 3-year terms on the Parks and Recreation Advisory Board
with the terms to expire June 30, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment to the New Hanover County Board of Social Services
Chairman Caster advised that one position needs to be filled on the Board of Social Services.
He stated that four applications have been received and one applicant, Thomas E. Arthur, is eligible for
reappointment and desires to be reappointed.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to reappoint Thomas
E. Arthur to serve a 3-year term on the Board of Social Services with the term to expire on June 30,
2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 11:40 a.m.
Chairman Caster reconvened to Regular Session at 12:40 p.m..
ADOPTION OF ORDINANCES UPON THE FIRST READING TO INCREASE WATER AND
SEWER RATES
Chairman Caster requested the Board to adopt ordinances to increase water and sewer rates
which have not been increased since 1991. He advised the water rate would be increased to $1.87 per
1,000 gallons and the sewer rate would be increased to $3.64 per 1,000 gallons. The proposed
increases will provide an additional $100,000 in water revenue and $1,000,000 in sewer revenue per
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year.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the
ordinances as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the ordinances are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXV, Page 14.
The ordinances will be codified into the New Hanover County Code.
ADDITIONAL ITEMS
Naming of Road Through Veterans Park
County Manager O’Neal reported that a recommendation had been received from the Parks and
Recreation Advisory Board to name the main road through Veterans Park to“Veterans Park Drive”.
Commissioner Birzenieks suggested naming the road to “Veterans Drive” to shorten the name.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to name the road
Veterans Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Establishing a Drinking Water Wellfield and Drinking Water Treatment Plant in
the Ogden-Market Street Area
Assistant County Manager Weaver advised that a few months ago, staff was directed to move
forward with establishing a drinking water wellfield and drinking water treatment plant in the Ogden area
on the west side of Market Street. A request for qualifications was prepared and mailed out with four
firms submitting proposals.
Assistant County Manager Weaver commented on this being a major project for the Water and
Sewer District and he requested one or two of the Commissioners to serve on a Selection Committee
to select the architectural firm to design the project.
Consensus:
It was the consensus of the Board for Assistant County Manager Weaver to select a date
for the four firms to make presentations and check with the members of the Board to see who wants to
serve on the Selection Committee at that time.
Invitation from Chancellor of UNCW to Hear a Status Report on the Activities of UNCW
County Manager O’Neal informed the Board that Chancellor Leutze has requested the Board
to attend a luncheon on July 8, 1999 at 12:00 noon in Alderman Hall, to hear a status report on the
activities at UNCW and the plans for a Performing Arts Center.
After discussion, the members of the Board said they would attend the luncheon.
Announcement of Meeting to be Scheduled with the Local Legislative Delegation Regarding
Special Legislation for New Hanover Regional Medical Center
Commissioner Birzenieks informed the Board that Ms. Judy O’Neal was scheduling a meeting
with the local legislative delegation, a representative from the N. C. State Treasurer’s office, and hospital
officials to be sure everyone understands the request by the hospital to gain additional flexibility in
investing some of its cash reserves. He advised that he would keep the Board informed about any new
developments.
Appointment of Diane Scott Caster as a Member of the Smart Start Partnership for Children
Board of Directors
Chairman Caster commented on New Hanover County not having an active member on the
Partnership for Children Board of Directors, and he stated that his wife, Diane Caster, was interested
.
in serving on this boardHe requested the Commissioners to consider appointing Ms. Caster if they feel
this would not be a conflict of interest.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, JUNE 21, 1999 PAGE 351
County Attorney Copley informed the Board that Ms. Caster is a citizen of New Hanover
County who has the right to volunteer her time to serve on any board. This appointment would not be
a conflict of interest because she will not be paid or receive any personal gains.
Chairman Caster requested to be recused from voting if the Board decides to make the
appointment.
Consensus:
It was the consensus of the Board to recuse Chairman Caster from voting.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to appoint Ms.
Diane Scott Caster to serve on the Smart Start Partnership for Children Board of Directors. Upon vote,
the MOTION CARRIED 4 to 0.
ADJOURNMENT
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Davis to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 1:05 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board