2001-06-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 608
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, June
4, 2001, at 5:30 P. M. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager Andrew J. Atkinson gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis advised that Clerk to the Board, Lucie Harrell, has requested a correction
in the minutes of May 21, 2001, on Page 6, changing the name from Sandra Bost to Donna Bost in
the last sentence on that page.
After hearing no comments, Chairman Davis called for a motion to approve the Consent
Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the
Consent Agenda items as presented with the correction to the minutes of May 21, 2001, as requested
by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the May 21, 2001 meeting with a correction to
the name of Donna Bost.
Adoption of Resolution Setting Fees for Processing Services by the Sheriff’s Department
The Commissioners adopted a resolution to increase the fee from $10 to $50 to serve
summons, complaints, or other legal orders issued outside the General Court of Justice or other North
Carolina Courts and agencies. The fee is to become effective July 1, 2001.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 29.
Appointment of Vice-Chairman Robert G. Greer to Serve as the New Hanover County Voting
Delegate to the NACo Annual Conference
The Commissioners appointed Vice-Chairman Robert G. Greer to serve as the voting delegate
at the NACo Annual Conference in Philadelphia, Pennsylvania, July 13-17, 2001.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 5:35 P.M. to hold a meeting of the Water
and Sewer District Board.
Chairman Davis reconvened to Regular Session at 5:42 P.M.
PRESENTATION OF JOHN M. DOLAN VOLUNTEER FIREFIGHTER OF THE YEAR
AWARD
Fire Administrator Donnie Hall reported that the John M. Dolan Volunteer Firefighter of the
Year Award had been bestowed upon dedicated and loyal individuals in the New Hanover County
Fire Service for a number of years. The recipients of this award have exemplified the word
“volunteer” in an ever demanding profession. When asking colleagues about the special interests of
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 609
this year’s recipient outside the Fire Service, the response was that this recipient does not have time
outside his job, family, and Fire Service to have other special interests. This year’s recipient has
served in many positions as an officer for his fire department, participated in 75 percent of training
offered during the last year and serves on the Department of Fire Service Strategic Leadership Team.
The recipient is an active church member and he manages to spend time with his wife and three
children.
Fire Administrator Hall requested Mr. Michial W. Rhodes, Chief of the Wrightsboro Fire
Department, to step forward to receive the John M. Dolan Volunteer Firefighter of the Year Award.
On behalf of the Board, Chairman Davis congratulated Chief Rhodes for receiving this
outstanding recognition and he expressed appreciation to him for so unselfishly giving of his time to
serve the citizens living in New Hanover County.
Chief Rhodes expressed appreciation to the Fire Service for this honor and stated it was a well
kept secret. He also expressed appreciation to other volunteer firemen of the Fire Service who give
countless hours of their time to serve and still feel that it is an honor to help a neighbor or friend.
A round of applause was given to Chief Rhodes.
FIRST READING OF AN AMENDMENT TO THE FLOODPLAIN ORDINANCE TO
ADDRESS “UNNUMBERED A ZONES” AND REQUIREMENTS TO PROVIDE BASE
FLOOD ELEVATION DATA (A-311, 06/01)
County Manager O’Neal reported that FEMA is requiring the County to update sections of
the Floodplain Ordinance to address floodplain areas where the base flood elevation has not been
determined, often referred to as “unnumbered ‘A’ zones.” The amendment reflects minimal Federal
standards for participation in the National Flood Insurance Program added after the County ordinance
was enacted. This amendment will have little practical effect under the current floodplain maps, as
the only unnumbered “A” zone is approximately three acres; therefore, the amendment may be viewed
as a housekeeping measure.
Chairman Davis asked if any member of the Board would like to comment.
Vice-Chairman Greer advised that since this was the first reading of the ordinance, he would
vote in opposition to allow time for the public to be aware of the proposed change.
Hearing no further comments, Chairman Davis requested a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman , to approve the
ordinance amending the Floodplain Management regulations as required by FEMA. Upon vote, the
MOTION CARRIED 4 to 1 as follows:
Ayes: Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
Due to the ordinance not receiving a majority vote on the first reading, a second reading will
be required on June 18, 2001.
ADOPTION OF ORDINANCE TO PROHIBIT UNAUTHORIZED DISPOSAL OF OUT-OF-
COUNTY WASTE ON THE SECOND READING
Chairman Davisspoke on this being the second reading of an ordinance to prohibit
unauthorized disposal of out-of-county waste at the WASTEC Facility and the Landfill, and he asked
if any member of the Board would like to comment.
After hearing no comments, Chairman Davis called for a motion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 610
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt an
ordinance amending Chapter 44, of the New Hanover County Code by Adding Section IV, to prohibit
unauthorized out-of-county waste at the WASTEC Facility or New Hanover County Landfill. Upon
vote, the MOTION CARRIED 4 to 1 as follows:
Ayes:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 29. The ordinance will be codified into the New Hanover County Code.
BUDGET PRESENTATIONS BY COUNTY DEPARTMENTS AND SPECIFIC
ORGANIZATIONS
Chairman Davis announced that the following departments and organizations have requested
time to present budget requests and comment on funding recommended by the County Manager. He
requested all agencies to limit their remarks to 15 minutes.
Presentation of Budget Request by the New Hanover County Health Department
Dr. Wilson Jewell, Chairman of the Board of Health, expressed appreciation for an opportunity
to appear before the Board of County Commissioners to request reconsideration of approving the
following new positions:
Environmental Health Specialist Position - Estimated Cost: $40,550:
The Food, Lodging,
and Institution Program, mandated by North Carolina General Statutes Chapter 130-A, Article
8, has created a substantial increase in the workload due to the expanding local economy and
the number of new businesses. This position is needed to assist with evaluations and
inspections of new businesses.
Information Systems Support Specialist Position - Estimated Cost: $44,000:
This position
will provide necessary hardware and software support for the Health Department Staff and
Business Officer; provide the current Systems Support Specialist with much needed assistance;
and reduce the demand on the Information Technology Department.
Administrative Support Technician (Spanish Interpreter) - Estimated Cost: $32,265:
This position will facilitate the Health Department’s compliance with the Civil Rights Act
enacted in 1998. Currently, this service is being provided by a contracted service provider at
$45,760 annually. The new Spanish Interpreter position will cost $33,300 per year
representing a savings of $12,460.
In closing, Dr. Jewell referenced the memorandum written to the Board of County
Commissioners from the Board of Health on June 4, 2001, and he requested the Commissioners to
read the justifications for each position. He also commented on understanding the County’s budget
constraints for the current year and offered to answer questions.
Chairman Davis, on behalf of the Board, expressed appreciation to Dr. Jewell and the members
of the Board of Health for attending the meeting and presenting the budget request.
Presentation of Funding Recommendation for the Southeastern Center
Dr. Art Costantini, Director of the Southeastern Center, reported that after discussion with the
members of the Southeastern Center Area Board and Staff, it was decided that even though a
$230,000 budget request was made with no funding recommended by the County Manager, everyone
felt that if funding was available, the budget request would have been approved. The Southeastern
Center is aware of the budget shortfall and feels that the County Manager has provided a responsible
budget that will allow services to be provided and still maintain the fiscal integrity of the County.
He expressed
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 611
appreciation to the Commissioners for past and current support of the Southeastern Center, and he
assured the Board that the Southeastern Center will continue to provide quality services.
Chairman Davis, on behalf of the Board, expressed appreciation to Dr. Costantini for the
remarks and for the excellent services being provided by the Southeastern Center.
ADDITIONAL ITEMS
Chairman Davis requested the County Manager to present additional items since the Board was
ahead of the time scheduled to hear budget requests from County Departments and other
organizations.
The following items were presented:
Authorization for the Sale of $42,000,000 in School General Obligation Bonds
Finance Director Bruce Shell requested the Board to adopt a resolution to authorize the sale
of $42,000,000 in General Obligation Bonds for schools on June 19, 2001. He advised that this was
part of the $125,000,000 school bond issue approved by the citizens of New Hanover County on
November 4, 1997.
Chairman Davis asked if any member of the Board would like to comment.
After hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution
to authorize the sale of $42,000,000 in General Obligation Bonds for schools on June 19, 2001. 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 XXVI, Page 30.
Nomination of William P. Morrison to Fill the Vacancy on the N. C. Coastal Resources
Commission
County Manager O’Neal requested Commissioner Caster to comment on the nomination
request.
Commissioner Caster advised that Governor Easley wrote a letter to Chairman Davis
requesting nominations to fill a vacancy on the N. C. Coastal Resources Commission as a
representative of wildlife or sports fishing category. After discussing this issue with various coastal
groups, it was felt that Mr. William P. Morrison, a resident of Topsail Beach, would be an excellent
nominee because of his knowledge and understanding of coastal issues. He informed the Board that
he had worked with Mr. Morrison on issues dealing with beach renourishment and Hurricane Floyd
and stated that he was well qualified to fill the vacancy on the Coastal Resources Commission. He
also noted that support for his nomination had been received from Mayor David Jones, Pender
County, Topsail Beach, North Topsail Beach, Surf City, Wrightsville Beach, Kure Beach, and Oak
Island.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to forward the
nomination of William P. Morrison to the Office of the Governor to be considered to fill the vacant
position on the N. C. Coastal Resources Commission as a representative of wildlife or sports fishing
category. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Authorization to Waive the Tipping Fee for Air Show
County Manager O’Neal requested the Board to waive the tipping fee for disposal of trash
from the Air Show being sponsored by the Wilmington International Airport.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 612
Motion:,
Vice-Chairman Greer MOVEDSECONDED by Commissioner Pritchett, to waive the
tipping fee for waste generated by the Air Show being sponsored by the Wilmington International
Airport on June 9-10, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Joint Meetings Scheduled with the Citizens Solid Waste Task Force and Wilmington City
Council
County Manager O’Neal requested the Board to select convenient dates to schedule a joint
meeting with the Citizens Solid Waste Advisory Board and a joint meeting with the Wilmington City
Council to hear a preliminary report from Dr. Suzanne Leland, who is conducting the consolidation
feasibility study. The City Manager has suggested the dates of June 18, 2001 at 12:00 Noon or June
19, 2001 at 4:30 P.M.
Clerk to the Board Lucie F. Harrell advised a Board of Equalization and Review Meeting was
scheduled at 1:00 P.M. June 18, 2001 following the regular meeting.
County Manager O’Neal suggested scheduling the Joint Meeting with the City Council at 4:30
P.M. on June 19, 2001.
Commissioner Pritchett suggested hosting the joint meeting in the Assembly Room since the
City Council has a meeting that evening.
County Manager O’Neal advised that he would contact the City Manager to confirm the date,
time, and place.
County Manager O’Neal requested the Board to schedule a Budget Work Session and joint
meeting with the Citizens Solid Waste Advisory Board.
After discussion, the Board decided to hold a joint meeting with the Solid Waste Advisory
Board on June 14, 2001, at 5:00 P.M. in the Assembly Room followed by a light dinner at 6:00 P.M.
and a Budget Work Session at 6:45 P.M.
CONTINUATION OF BUDGET PRESENTATIONS
Presentation of Funding Recommendation for Cape Fear Community College
Dr. Eric McKeithan, President of Cape Fear Community College, expressed appreciation for
the funding support provided to Cape Fear Community College by the Board of County
Commissioners. He reported that last year New Hanover County provided $3.17 million in local
funding and the enrollment grew by 5%. He acknowledged the recommended funding by the County
Manager at the same amount as last year and stated this will present a challenge to the College because
of increased enrollment and 12% of additional operational space. Implementation of a Film and Video
Production Technology Program has been deferred for one year and the expansion of the Marine
Propulsion Program has been deferred for a year. Since New Hanover County is responsible for
paying electric bills and phone bills, an energy conservation program has been implemented to stay
within the County Manager’s recommended budget.
In closing, Dr. McKeithan spoke on being concerned about not being able to stay within the
recommended budget because of increased enrollment. With the possibility of some layoffs in the
community, Cape Fear Community College is bracing for an unprecedented enrollment during the fall.
Nevertheless, with conservation measures and other steps being taken, every effort will be made to
comply to the County Manager’s recommendation even with the opening of the expanded space. He
offered to answer any questions.
Chairman Davis expressed appreciation to Dr. McKeithan and Staff for an outstanding job
in offering educational programs to the community and surrounding counties.
After discussion of moving forward with other items until the school officials arrive for their
budget presentation, Chairman Davis asked if there were any other items on the agenda that could be
considered.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 613
County Manager O’Neal explained that two items were left, the firing range for the Sheriff’s
Department and the award of bids for the jail project. He stated that Sheriff Lanier has requested to
speak on the new firing range before this item is considered by the Board.
Chairman Davis asked if members of the Board were ready to move forward on the bid award
for the jail project and continuation of jail expediter contract.
After hearing no comments from the Board, Chairman Davis requested Staff to make the jail
presentation.
CONSIDERATION OF BID AWARD FOR THE NEW JAIL PROJECT, CONSIDERATION
OF CONTINUATION OF THE CONTRACT FOR JAIL EXPEDITER, AND
CONSIDERATION OF ASSOCIATED MATTERS
County Manager O’Neal reported that negotiations have occurred with the lowest responsible
bidder, J. M. Thompson with $115,570 identified in modifications to the jail project for a total single-
prime bid award of $26,478,430. Recommendations have also been presented from Freeman White
and Miller Building Corporation.
Chairman Davis asked if any member of the Board would like to comment.
Commissioner Caster referenced cost reduction items to be deleted under Exhibit A,
particularly Items 6 and 7 and he requested an explanation of Item 7, the precast concrete screen.
County Project Engineer Thompson explained that a precast architectural fence six feet high
will be placed between two buildings to serve as a visual barrier between the parking lot and work
release area. The purpose of the fence is to keep the general public from being able to view the
inmates.
Commissioner Caster requested an explanation of why the asphalt was being reduced by one-
half inch and asked if the road would be sufficient to carry heavy trucks and loads.
County Project Engineer Thompson explained that the asphalt specification was above
NCDOT standards and that the road would comply to State standards, which will allow heavy garbage
or fire trucks to use the road. When the geological technical engineer made the thickness of pavement
recommendation, no consideration was given to the added thickness of the stone base already on the
road and parking area.
A lengthy discussion followed on the original bid submitted by J. M. Thompson in the amount
of $26,594,000. County Manager O’Neal explained that the Miller Building estimate was $25,850,437
and the Freeman White estimate was $26,604,819. Modifications were made to the jail project to
reduce the J. M. Thompson bid by $115,570.
Chairman Davis stressed the importance of everyone understanding that J. M. Thompson did
not deduct $115,570 from the original bid price of $26,594,000. The project had to be modified with
elimination of certain items.
Commissioner Caster agreed with the statement made by Chairman Davis and stated that he
did not mind eliminating unnecessary items, particularly those over required specifications; however,
when leaving the last meeting, he felt that Staff would negotiate with J. M. Thompson to reduce the
original price, not modify items in the original jail project.
County Project Engineer Thompson responded that other savings have been identified that will
be pursued as the project is constructed.
There being no further comments from the members of the Board, Commissioner Davis called
for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to award Bid #01-
0275 to J. M. Thompson, the lowest responsible bidder, in the amount of $26,478,430, approve the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 614
associated budget amendment, and authorize the Chairman to execute the necessary contract
documents. Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
A copy of the contract is on file in the Legal Department.
Budget Amendment #2001-53 - Law Enforcement Facility
ADJUSTMENTDEBITCREDIT
COPS Financing $26,478,430
Capital Project Expense $26,478,430
Explanation:
To increase the budget for award of the contract to J. M. Thompson for the main jail
building package.
Chairman Davis requested direction from the Board regarding the need to continue the
contract with Miller Building Corporation as the project expediter since a single-prime bid has been
awarded. He requested County Manager O’Neal to present the reasons why a project expediter is no
longer needed, and he requested the Clerk to the Board to include this document as an exhibit to the
minutes.
County Manager O’Neal presented the following services of the project expediter that would
be redundant under a single-prime contractor:
1. Inspections
2. Project Control
3. Claims and Disputes
4. Quality of work
5. Scheduling
6. Payments
7. Cost Control
8. Permits
9. Shop Drawings and Submittals
10. Project Site Documents
11. C.P.E. - Purchased Items
12. Certificate of Insurance
Vice-Chairman Greer suggested sitting down with Miller Building Corporation to see if the
company can make suggestions on how to reduce the cost and complete a quality project that is within
budget and on time.
Chairman Davis asked whether additional help would be needed to complete the jail project
if the Board decides that a project expediter is no longer needed.
County Manager O’Neal responded that with the number of on-going capital projects, there
was not enough Staff in the Engineering Department to oversee the job. The Engineering Department
needs a company that specializes in this type of work or the department can hire two individuals
experienced with construction supervision through a temporary arrangement. Currently, Freeman
White and Carter Goble have construction representatives on site. After reviewing a temporary
arrangement, the projected cost will not exceed $200,000 per year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 615
Chairman Davis referenced the contract with Miller Building Corporation and asked if there
was a 14-day notice clause in the contract for the County or Miller Building Corporation to terminate
the contract.
County Manager O’Neal responded that the contract could be cancelled for convenience by
either party with a 14-day notice.
Chairman Davis asked whether the duties of the two persons hired would be the same as the
project expediter if the expediter contract is terminated.
Project Engineer Thompson explained that under a single prime contract, all primary functions
such as mechanical, electrical, plumbing, security, and general trades fall under the control of the
single-prime contractor. This contractor becomes responsible for coordination, scheduling, and the
majority of other duties that the project expediter would perform under a multi-prime contract which
requires working with numerous contractors.
Chairman Davis asked if a project expediter was still needed under a single-prime contract.
Project Engineer Thompson stated that the services of a project expediter are not needed under
a single-prime contract.
Commissioner Boseman asked if the contract is terminated with the project expediter and a
temporary arrangement is approved to hire two individuals with construction supervision, would the
jail project be delayed.
Project Engineer Thompson responded that the project would not be delayed because J. M.
Thompson cannot mobilize on the site to manage the project until Phase I (clearing and grading, site
work, and piling work) has been completed. This phase should be completed within the next three
weeks.
Chairman Davis asked whether 14 days notice would give sufficient time for Miller Building
or anyone else to submit proposals to finish the jail project if the Board decides to terminate the
expediter contract with Miller Building Corporation.
County Manager O’Neal responded that this type of contract is for a professional service;
therefore, the formal bid process is not required. Two individuals can be secured within a period of
two weeks to provide construction supervision services.
Vice-Chairman Greer emphasized the importance of the Board recognizing that two letters
have been received from Miller Building Corporation offering to amend the existing contract and to
enter into a new contract to complete the jail project, or to terminate the project expediter contract
with the County if their services are no longer needed. He strongly objected to terminating the
contract before Miller Building has been provided an opportunity to amend the existing contract.
Chairman Davis stated that he felt the proposal for completing the jail project from this point
forward should not be limited to one company. A Request for Proposals should be submitted to allow
any party interested to forward a proposal. Once proposals are received, the Board can select the firm
that submits the proposal with the best price for the quality of work.
Vice-Chairman Greer stated that originally the Board decided to use a project expediter to
ensure quality oversight and complete the project as soon as possible because of crowded conditions
in the jail. The single-prime contract represents only half of a $50,000,000 jail project. The project
expediter has already planned and ordered many pieces of the project, such as the jail cells, and Miller
Building is totally familiar with the project. It does not seem reasonable to hire a new company when
you have a contractor who knows the project and is willing to amend the contract to the services
needed by the County at this time. He requested the Board to at least discuss this matter with Miller
Building Corporation and if not satisfied, other firms can be considered.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 616
Commissioner Caster expressed regret that any firm was hired as a project expediter when only
a project manager was needed. The Board agreed to expedite the project because of a potential law
suit by the federal government if overcrowding in the jail was not resolved. Hours were spent talking
to State building officials, other counties, and cities who assured the County that building a jail was
a complicated and difficult construction project. The former Board felt that services of a project
expediter were needed. The County is now in a situation with a single-prime contract which reduces
some of the responsibilities, but the contractor has never constructed a jail. This is still a complicated
project that must be completed in a timely manner and Miller Building Corporation has built jails in
the past and is more than capable of providing the needed services.
Commissioner Boseman expressed concern for Miller Building Corporation not being
responsible when the firm was already over budget. It is difficult to continue a project expediter
contract at $1,000,000 per year when the job can be done for $200,000 per year.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Boseman, to terminate the
expediter contract with Miller Building Corporation giving 14 days notice, request Miller Building
Corporation or any other interested firm to submit proposals to complete the jail project within the
14 days and have the Board of County Commissioners to select the proposal with the best price for
the scope of work to complete the jail project.
Chairman Davis requested the Clerk to the Board to include the notes of May 24, 2001, as
part of the record to show the reasons for the County no longer needing the services of a project
expediter.
Chairman Davis also noted that his motion was no reflection on Miller Building Corporation
and stated that if a project expediter is no longer needed by the County, Miller Building Corporation
or any other interested firm can submit a proposal to complete the jail project at a reduced rate.
Chairman Davis opened the floor for discussion of the motion.
Commissioner Caster expressed concern for submitting and receiving proposals in the 14-day
notice period, which in his opinion could delay the project.
County Manager O’Neal advised that proposals can be submitted and received in the 14-day
period, which will not delay the project. With the amount of publicity about this matter, many
companies and engineers are interested in submitting proposals to complete the jail project. A team
could be established including one to two County Commissioners to review the proposals and develop
a recommendation to be considered by the Board in 14 days, or Staff can handle the entire process and
submit a recommendation to be considered by the Board.
Vice-Chairman Greer expressed concern for hiring a new firm without knowing the quality of
work performed and stated some companies bid projects at a low price and later will come back with
changer orders to make up for shortfalls. He noted that his statement was not in disrespect to the firm
of J. M. Thompson, but the County should have some way to protect the taxpayers. He suggested
making sure the contract requires the contractor to accept sufficient liability if the jail is not completed
in a timely and satisfactory manner.
Project Engineer Thompson explained that J. M. Thompson will be liable for completing the
project on time with a $1,000 a day liquidated damage clause in the contract. This company will be
held accountable for completion of the project as scheduled.
Vice-Chairman Greer urged the Board to recognize that numerous contracts are already
awarded and it will not be possible for J. M. Thompson to be responsible for costs involved with those
contracts.
Project Engineer Thompson responded that a liquidated damage clause is included in each
individual contract.
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REGULAR MEETING, JUNE 4, 2001 PAGE 617
County Manager O’Neal explained there are three awarded contracts for the project at this
time: (1) the contract for precast jail cells; (2) the contract for the pilings; and (3) a pending utility
contract to provide the security system. Each contractor will be liable for damages. He also noted
that every major building project usually has some threat of a lawsuit before completion of the project.
Commissioner Pritchett asked if the motion should include the reason for termination of the
contract.
County Attorney Copley suggested amending the contract to terminate for convenience.
Chairman Davis agreed and also suggested using the words single-prime contract in the
motion.
Amended Motion:
After further discussion of the motion, Chairman Davis MOVED, SECONDED
by Commissioner Boseman, to AMEND THE MOTION to terminate the contract for convenience
with 14 days notice to Miller Building Corporation based upon a single-prime contract being awarded.
Miller Building Corporation or any other firm can submit a proposal within the 14-day period to the
Board of County Commissioners who will determine the best qualifications and price for construction
management services to complete the jail project.
Commissioner Boseman spoke on being surprised that Miller Building Corporation had not
contacted the County with a proposal to amend the existing contract to complete the project.
Vice-Chairman Greer referenced the May 31, 2001, Staff meeting to review agenda items and
stated that representatives of Miller Building Corporation were present and heard the discussion. The
representatives left the meeting feeling that the County would move forward to negotiate with Miller
Building Corporation to amend the existing contract to supervise the jail project. The motion on the
floor is not what was discussed with Miller Building Corporation at the Staff meeting. He stressed
the importance of the jail project being completed on schedule within the project budget without
hidden change orders that could increase the price quoted.
Commissioner Pritchett requested the Chairman to table this issue for further discussion at the
end of the meeting because of the number of agencies and people waiting to speak at the Public
Hearing for the FY 2001-2002 Budget.
Chairman Davis asked if the Board was ready to vote on the amended motion.
Commissioner Caster commented on the complexity of the project and stated that he did not
feel that a Request for Proposals could be prepared, submitted, and received in 14 days.
Hearing no further comments, Chairman Davis called for a vote on the amended motion.
AMENDED MOTION CARRIED
Upon vote, the 3 to 2 as follows:
Ayes:Chairman Davis
Commissioner Boseman
Commissioner Pritchett
Noes:Vice-Chairman Greer
Commissioner Caster
The notes dated May 24, 2001 (marked as Exhibit I) are hereby incorporated as part of the
minutes and are contained in Exhibit Book XXVI, Page 29.
CONTINUATION OF BUDGET PRESENTATIONS
Presentation of Funding Recommendation for New Hanover County Schools
Mr. Edward B. Higgins, Jr., Chairman of the Board of Education, expressed appreciation to
the Board for an opportunity to present the FY 2001-2002 Budget for New Hanover County Schools.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 618
He thanked County Manager O’Neal for the recommended funding of $6.1 million for the Operating
Budget even through $8.4 million was requested, which included money to fund the retirement
account. The other portion of the School Budget is Capital Improvement funding that is used to
improve and repair schools outside the bond issue that was approved by voters of New Hanover
County. The recommended funding for the Capital Improvement funding is $3 million, which is the
same amount of funds received last year and the previous year. The budget request presented by the
School System to the County Manager was $11 million instead of the $14 million actually needed.
Mr. Higgins requested Dr. John Morris, Superintendent of Schools, and Ms. Mary Hazel
Small, Director of Finance, to present a brief budget presentation.
Ms. Small presented an overview of the current expense budget, which does not include
Capital Outlay, Child Nutrition, Trust or Pension Funds. The School System receives funding from
the following governments:
State Funding (61%)$82,095,222
Local Funding (35% with 88% of the 35% being County Funding)$46,851,331
Federal Funding (4% to 6%)$ 6,116,661
Discussion followed on the retirement contribution of $597,090 for school employees paid by
New Hanover County instead of the State. Commissioner Caster stressed the importance of everyone
understanding that school positions paid by the County are requested by the School System in excess
of positions allotted by the N. C. Department of Public Instruction.
A summary of increases in the local current expenses was presented showing that salaries and
benefits have increased 22%, funding to build new schools increased 42%, instructional supplies
increased 22%, operational costs increased 11%, and other expenses increased 3%.
A summary of Capital Outlay requests was presented as follows:
Building Improvements$ 9,943,205
Furniture & Equipment$ 519,220
Technology$ 411,577
Vehicles$ 161,000
Total Needs$11,035,002
County Recommended Request - $10,291,864 with $743,138 to be funded from other sources.
New Facilities opening in FY 2001-2002 are as follows:
Walter L. Parsley Elementary School
Charles P. Murray Middle School
Eugene Ashley High School
Minnie Evans Arts Center
Commissioner Boseman asked whether the middle school athletics program or the year around
program at Noble Middle School would be eliminated if the budget recommended by the County
Manager is adopted by the Commissioners.
Dr. Morris responded that once all funding has been received the Administrative Staff will
prepare a recommendation for the Finance Committee to consider whether to continue these programs.
The final decision will be made by the Board of Education. He advised that an effort is being made
to maintain current athletic and instructional programs with cuts in the budget for the Administrative
Central Office and a transfer of $100,000 in funding that was not used by Administration during the
current year. The Administrative Offices in all schools were requested to cut budgets by 10%
including travel, administrative supplies, and not filling some vacant positions through attrition. It is
hoped that all programs can be maintained.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 619
Dr. Morris spoke on being an administrator in a Guilford County middle school several years
thth
ago and stated that French, Spanish, or Latin were offered at that time to 7 and 8 grade students for
a full year. Currently, no foreign languages are offered to middle school students in New Hanover
County. The population in New Hanover County Schools has not dramatically increased, but the
School System is forced to comply with federal and state mandates that reduce the size of classes. The
last time a class size was reduced from 26 to 23 in early elementary schools it resulted in 11 additional
classrooms at a cost of $44,000 a piece. Discussion is being held at the State level about closing
schools and institutions for the deaf and people with mental deficiencies or other problems. This means
that children in these institutions will be placed in local schools. These children will be welcomed but
it will be extremely costly to the School System. During the past year, approximately $1.3 million per
month was spent on Special Education Services which are needed for these children.
In closing, Dr. Morris stated that New Hanover County has been generous in funding schools
in the past, but in 1997 a study of school needs was conducted and the result was that $500 million
would be required to meet school needs. Five years later, these needs are not close to being met.
Progress has been made and it needs to continue so New Hanover County Schools can provide more
than a sound basic education for its children. Music, art, athletic programs and advanced courses
should be offered to students attending school in New Hanover County.
Commissioner Boseman informed Dr. Morris that she fully supported funding schools no matter
what the costs and stated that with the lack of commitment to education by society, it is fearful to
think what will happen in the future. When John F. Kennedy spoke about passing on the torch to
future generations, it will not be possible to keep the torch lit without a commitment from the
community.
Mr. Higgins referenced the additional $6 million of funding being recommended by the County
Manager and stated this funding will maintain the schools at the present level. Out of this $6 million,
the initial start up costs for opening three schools at Veterans Park will be $3.5 million which leaves
only $2.5 million to pay for items that cannot be controlled by the schools such as insurance costs,
fuel, utilities, and State pay increases for school teachers. There are 110 locally funded school
teachers that offer outstanding advance placement programs in all high schools. These types of
programs are not being offered in many school systems throughout the country. Due to these
programs, 1,100 seniors graduated from New Hanover County High schools with students earning
between $11 to $12 million in scholarships and grants. Very few public operations offer a better
return on an investment. He expressed appreciation to the County for support of education and he
requested the Board of County Commissioners to consider providing more funding for capital
improvements to repair and maintain existing schools to provide a good learning environment for the
students.
After further discussion of numerous federal and state mandates, Chairman Davis agreed with
the statements made by Commissioner Caster and stressed the importance of counties seeking
alternative funding sources to fund schools and other items without placing the burden on the
taxpayers. The Board of Education and Board of County Commissioners must lobby the N. C.
General Assembly to enact legislation that will allow New Hanover County to implement a voter
approved one-cent local option sales tax to be earmarked for education. The estimated revenue
generated from a one-cent local option sales tax per year is between $16 to $18 million.
County Manager O’Neal referenced the fact that final payments for the reimbursement of the
intangibles and inventory tax have been withheld for the past six months. As of this date, no payments
have been received and the recommended budget includes the $4.3 million reimbursement. If the State
decides not to reimburse counties, amendments to the budget will be made which will require
reductions in County programs, non-county agencies, and New Hanover County Schools. The time
has come for the N. C. General Assembly to hear from the County Commissioners, Boards of
Education, and public about the need for counties to be reimbursed. The Governor’s proposed budget
includes the reimbursement, but no definite decision has been made by the General Assembly.
Chairman Davis expressed appreciation to Mr. Higgins, members of the Board of Education,
and Administrative Staff for the budget presentation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 620
BREAK
Chairman Davis called a break from 7:40 P.M. to 7:45 P.M.
PUBLIC HEARING ON THE FY 2001-2002 RECOMMENDED BUDGET
Chairman Davis opened the Public Hearing and requested all persons speaking to limit their
remarks to three minutes.
Board of Education Budget Request
Mr. Curtis Wright, President of the Council of Neighborhood Associations, Legislative
Representative for Eaton Elementary School for the PTA Board, a Delegate for Eaton Elementary
School for the PTA Council, and Acting Chair of the Year Round Education Support Committee,
reported that it was his hope to prevail upon the Board of County Commissioners to take the difficult
actions necessary to preserve the gains achieved in the New Hanover County Educational System
within the last few years. With a clear and definitive plan of action, the Board of Education has
corrected many inadequacies experienced in the education curriculum and maintenance of schools with
funding from the last bond referendum in the amount of $125 million that was supported by our
citizens.
In closing, Mr. Wright urged the Board to approve the funding request for education as
presented by the Board of Education to uphold the promise made by the citizens when voting on the
school bonds issue. Without adequate funding, many programs will have to be eliminated which will
set back the quality of education in New Hanover County. This will be a loss not only to our children
but to the entire community.
Elderhaus, Inc. Budget Request
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Ms. Linda Pearce, Director of Elderhaus, Inc., reported that Elderhaus was celebrating its 20
Anniversary and over the last 20 years approximately 400 families have been served in trying to delay
placing people in institutions or in long-term care. Millions of dollars have been saved in Medicaid
costs for New Hanover County by not placing these people in nursing homes, rest homes, or special
assistance care. Between July 2000 and February 2001, the County contributed over $500,000 for
Medicaid beds in nursing homes, $170,000 for rest homes, and $500,000 for special assistance care
totaling $1,500,000.
In closing, Ms. Pearce requested the Board to approve additional funding in the amount of
$6,240 which will pay 130 days for an elderly client to participate in the Elderhaus program instead
of 68 days for a client to stay in a nursing home.
MedSource Budget Request
Ms. Donna Booth Neal, Director of MedSource, expressed appreciation to the Board for the
funding received last year which assisted 994 patients from July 1, 2001 until the current date with
purchasing prescription drugs. More than 100 patients were able to participate in the three-month free
drug program offered by most pharmaceutical companies. During the past four years, more than
3,000 New Hanover County patients have been assisted by MedSource. The program was established
to assist patients in economic crisis to secure drugs for a one-time temporary period until insurance
or other resources become available. Patients on medications for blood pressure or diabetics must
receive their medicine daily in order to avoid long stays in the hospital. MedSource picks up what is
falling through the cracks, and the funding received pays for expenses, not salaries because all the
workers volunteer their time.
Arts Council of the Lower Cape Fear Budget Request
Mr. Don Fishero reported that since 1972, the Arts Council of the Lower Cape Fear has been
a partner in the development of a cultural presence of New Hanover County that is not excelled by any
other county in the State. This success could not have been accomplished without funding support
from the County. He encouraged the Board to continue the investment in the culture future of New
Hanover County which pays excellent dividends.
After School and Big-Buddy Program Budget Request
Ms. Diane Ledbetter, representing both programs, expressed appreciation to the Board for past
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 621
and continued support of the After School and Big-Buddy programs. She requested parents present
to step forward to show how these programs have helped their children.
Ms. Sylvia Culbreth, the grandmother of three children without a mother or father, reported
on how much the Big-Buddy Program has helped her to raise these children, and she requested the
Board to continue funding support for this worthwhile program.
Ms. Angela Allen, the mother of Chris, reported on the After School Enrichment Program and
the assistance provided to her son who is now off the streets and working with the instructors to
complete his homework assignments. She urged the Board to continue to fund this program to keep
children off the streets in the afternoon.
Exceptional Children’s Budget Request
Ms. N. E’toma Machupt, the mother of Lonnie Mercer and Co-Chairman of the Advisory
Board for the Exceptional Children’s Program for the New Hanover County Board of Education,
advised that her son would like to make a brief statement.
The following statement was made by Lonnie Mercer:
“Thank you for having me. I went to New Hanover High School. I was in the Young Adult
Program and I graduated. Look at me and think of others like me and help them too.”
Ms. Machupt pointed out that these children deserve a quality education even though they
cannot attend Harvard or Cape Fear Community College. With the population of exceptional children
growing in New Hanover County, she urged the Board to accept the funding recommended by the
County Manager so the services needed can be provided to these children.
Ms. Linda Killian, a concerned citizen, awarded her three minutes to Ms. Pat Meyer.
Ms. Pat Meyer, a resident of 1332 Grove Pointe Road, presented copies of a statement
concerning the FY 2001-2002 Budget and requested a written response to the questions by June 25,
2001. She advised that copies of the statement would be supplied to the County Attorney, County
Clerk and a representative of the Wilmington Star Newspaper in order to ensure accurate follow up
so the citizens can be better informed on how their tax dollars are being spent. In the event, the
County is unable to address the questions in the time period requested, the County is requested to hire
a third party consultant to investigate the inquiries in order to protect the County’s bond rating for
future County needs and to give the taxpayers a clearer picture of the financial structure of New
Hanover County.
1. What is the difference between general obligation bonds and Certificates of Participation
(COPS)? When reviewing the County debt service for the next five years, the figures show
that COPS have been issued in the amount of $52,105,001. One of the projects paid by COPS
was the purchase of Airlie Gardens which disgruntled many people.
2. When Airlie Gardens was purchased, a $6,000,000 grant was received from the Clean Water
Management Trust Fund to improve water quality and environmental enhancement of the
general area through the establishment of the New Hanover County Tidal Creeks Water
Quality Enhancement Strategies as listed on the proposed grant budget for the Clean Water
Management Trust Fund. Why was the remaining $4,000,000 of the grant allocated to tidal
creeks in areas the City planned to annex in 1999? Why wasn’t this money directed to tidal
creeks in the unincorporated county that are not going to be annexed and are afflicted with
problems as outlined in the strategies for the Clean Water Management Trust Fund proposed
budget? Why is the money going to the City and areas which have utilities provided by the
City of Wilmington, such as storm water collection, when people in the unincorporated area
are suffering and are taxed to pay the brunt of the cost?
3. How much of the jail project will eventually be financed by COPS? Will it also include rolling
over the $5,179,921 the County has already paid in FY 2000-2001?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 622
4. Why was the $5,500,000 for the purchase of land for the Veterans Park School Complex
rolled over into a COPS after it was in a loan? Why wasn’t the $2,890,392 left from the
school bonds and the $3,276,000 earmarked for land, used to pay the debt from the land
purchase (thus reducing some of the debt) or given directly to the schools?
5. Due to the City’s NPDES permits for the sewer treatment plants coming up for renewal this
year, what percentage and what amount in COPS funding will be the County’s portion in the
mandated improvements to the Northside and Southside Wastewater Treatment Plants as well
as the infrastructure improvements needed for sewer in FY 2001-2002?
6. Is there a limit to the amount of COPS the County can finance in a fiscal year?
7. Would it be possible to receive copies of itemized profit and loss sheets and balance sheets for
the entire life of the New Hanover County Financing Corporation?
8. As per notes of the minutes for November 17, 1997, if approximately $25,000,000 was issued
in COPS in 1997, why is only $23,320,000 in COPS listed on the 1997 tax form? Were
corporation start-up costs of $1,680,000 the difference?
In closing, Ms. Meyer expressed appreciation to the Board of County Commissioners for
listening and stated that she looked forward to receiving a response to the questions.
Chairman Davis expressed appreciation to Ms. Meyer for the presentation and requested Staff
to respond to the questions within the specified time frame, or let Ms. Meyer know if the deadline
could not be met.
Saint Andrews Outreach Ministries “Helping Others to Help Themselves” Program Budget
Request
Mr. Sherman Lewis, representing the St. Andrews AME Zion Church, expressed appreciation
to the Board for support of the Helping Others to Help Themselves Program which has increased in
enrollment. The program offers tutoring, mentoring, computer classes, and Spanish Classes to
persons in need and the instructors are volunteers. Currently, there is a shortage of volunteers, and
funding is needed to provide a monetary incentive to recruit other instructors to fill in when volunteers
are absent. The County Commissioners were requested to increase the funding recommendation if at
all possible when adopting the budget.
Wilmington Railroad Museum Budget Request
Mr. Frank Funk, Director of the Wilmington Railroad Museum, requested the Board to
consider funding in the amount of $1,924 to assist with meeting a cash match of $27,000 for a federal
grant to restore the 90-year old steam engine in front of the Railroad Museum. He advised that all but
$4,588 had been raised through donations and approval of the requested funding would greatly assist
the Museum in meeting the required match.
Child Advocacy Commission Budget Request
Mr. Clancy Thompson expressed appreciation to the Board for support of the Child Advocacy
Commission for a number of years. He urged the Board to remember that the provision of quality
child care helps to prepare children for their education and future success.
Wilmington Regional Film Commission Budget Request
Mr. Johnny Griffin, Director of the Wilmington Regional Film Commission, expressed
appreciation to the Board for past and continued support of the Film Commission. He advised that
film production companies recruited to New Hanover County have spent approximately $400 to $500
in the County for every dollar spent on recruitment by the Film Commission.
Coastal Horizons Center Budget Request
Ms. Margaret Weller Stargell, President/CEO of Coastal Horizons Center, expressed
appreciation to the Board for the funding provided to the Coastal Horizons Center. Crisis Line Open
House and the Rape Crisis Center are community anchors for the provision of crisis intervention
services. The Center is committed to providing quality services by maintaining a 24-hour intervention
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 623
program, rape crisis services, and an emergency shelter for youth. During the past year, Crisis Line
Open House has served 111 abused or neglected runaway youth with 1,300 days of shelter services;
provided immediate crisis intervention for over 2,800 hot line and walk-in clients; and provided 275
new rape victims with services through the Rape Crisis Center. The Coastal Horizons Center is aware
of the budget constraints on the County and will continue to provide quality services.
Wilmington Industrial Development Budget Request:
Mr. Jeremy Phillips, representing
Wilmington Industrial Development, expressed appreciation to the Board for the recommended budget
request of $65,000 and offered the assistance of the organization at any time.
DARE, Inc. Budget Request
Mr. Gene Merritt, Interim-Executive Director of DARE, Inc., advised that DARE is a non-
profit tax exempt corporation established in 1979 as a public/private partnership. Financial support
has been provided annually by the City of Wilmington, New Hanover County, and private entities.
In 1978, the total budget for DARE was $110,000. The FY 2001-2002 Budget is $115,000 which
represents a 5% increase over 23 years of operation. In 1978, New Hanover County provided funding
in the amount of $30,000 and this year’s recommended amount is $19,000 which is a significant
decrease over 23 years of operation. Despite a low budget and a limited staff, DARE strongly led the
effort to revitalize downtown Wilmington. The modest financial investments in DARE have reaped
enormous return. Large revenues have been generated from real estate property taxes. The ad
valorem tax base in the downtown central business district has increased at a higher rate than it has
in the remainder of the County. The Board was urged to continue its investment in DARE, Inc. so
this can become a true partnership.
Leading Into New Communities (L.I.N.C.) Inc. Budget Request
Mr. Frankie Roberts, representing L.I.N.C., Inc., advised that the purpose of the program is
to assist ex-offenders with rehabilitation and gainful employment. Clients are received from pre-trial
release programs, and currently the program has a caseload of 80 ex-offenders with 40 of these
persons being gainfully employed during the past six months. No funding was recommended by the
County Manager, but in order to keep ex-offenders from returning to jail, the recommended funding
is needed. He urged the Board to reconsider the funding request.
WHQR Radio Station Budget Request
Ms. Betsy Kahn, a member the WHQR Board of Directors, expressed appreciation for past
and current support of public radio. WHQR provides a cultural resource with programming not
offered by any other source. When people move to Wilmington, they frequently ask if public radio
is available. She urged the Board to continue its support of public radio, which is a valuable asset to
the community.
Domestic Violence Shelter and Services, Inc. Budget Request
Ms. MaryAnn Lama expressed appreciation for past and continued support of the Domestic
Violence Shelter. During the first four months of this year, over 400 residents of New Hanover
County were assisted. In addition to shelter services, counseling, court advocacy, transportation,
children’s programs, support groups, and a prevention program were also provided. She invited the
Commissioners to visit the Domestic Violence Shelter to see the services being provided.
Cape Fear Literacy Council Budget Request
Ms. Beth Pancoe, expressed appreciation to the Board for continuing this partnership to teach
adults to read. She commented on the success of the program and urged the Board to continue
funding this worthwhile program.
Coastal Adult Day Care Budget Request
Ms. Betty Ann Sanders presented background information on the program and spoke on the
need to serve older adults with physical and emotional disabilities. The programs are individually
focused to help each person function at a maximum level. The partnership with UNCW offers an
opportunity for enhanced services to the clients. The family support division assists clients, care givers
and families with emotional support through respite care. The goal is to provide services to all persons
in need. She urged the Board to fund this program and read a letter from one of the clients whose
husband has Alzheimer’s disease.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 624
Habitat For Humanity Budget Request
Ms. Barbara Birkenheuer, Executive Director of the Cape Fear Habitat For Humanity, advised
thth
that funding was requested to support a Habitat Community on a block of land between 13 and 14
Streets on Greenfield Street. She advised that no funding was recommended in the FY 2001-2002
Budget, and she requested the Board to recognize that Habitat for Humanity is the only agency in New
Hanover County that addresses housing needs of the low income population earning 30-40% below
the median income. This is a self-supporting agency that finds sponsors to pay the bills and recruits
volunteers to construct houses, but they cannot acquire land. The County Commissioners were
requested to assist in the purchase of the land.
Commissioner Caster referenced surplus properties owned by the City and County and he
requested the Board to consider donating these properties to Habitat for Humanity when they become
available.
Girls Inc. Budget Request
th
Ms. Isaline Boston, representing Girls, Inc., reported that this agency was celebrating its 50
Anniversary as a non-profit agency. This program encourages girls to be strong, smart, and bold. This
goal is accomplished through opening opportunities for girls.
Ms. Delores Wallace, Director of Girls, Inc., spoke on the Adolescent Prevention Pregnancy
Program which serves girls from 8 to 18 years of age. The population served by this program is
comprised of girls from Creekwood, Houston Moore, Hillcrest, Garden Lakes, and the Red Cross
Street area. This program involves mother and daughter communication, assertiveness, training, peer
education, and career planning skills. Health options are also available and the Operation Smart
Program introduces girls to modern technology. Without funding support, the Girls, Inc. program
cannot continue to provide these services.
A Helping Hand Ministries Inc. Budget Request
Reverend John Fredlaw requested the Board to reconsider funding for A Helping Hand
Ministries, Inc. and he introduced Ms. Consweulo M. Davis to report on the activities of the program.
Ms. Davis requested the Board to consider funding the proposal for the C. M. Davis House
to help youth from 16 to 18 years of age who are no longer eligible to stay in foster care or group
homes. Frequently, these youth have no place to stay and are very limited in education, work ethics
or skills. Most of these youth are borderline intelligent with an IQ around 70 and already have been
in trouble with the law. The purpose of the C. M. Davis House will be to prevent these youth from
going back to jail and costing a great deal of money to New Hanover County. Ms. Davis requested
the County Commissioners to consider the funding request submitted by A Helping Hand Ministries,
Inc.
UNCW Criminal Justice Department Budget Request
Dr. Darrell Irwin requested the Board to approve funding for UNCW to continue the study
on the effectiveness of the Wilmington Gun Violence Project for the next fiscal year. He advised that
UNCW was one of two recipients of the Governor’s Crime Commission grant for the current fiscal
year and funding in the amount of $6,400 is needed to match the $38,600 grant for FY 2001-2002.
He noted that the County Manager did not recommend funding for the study and he requested the
Commissioners to reconsider restoring a portion of the funding needed for the local match so this
important research can be continued. He stated that District Attorney John Carriker, Sheriff Sonny
Lanier and Wilmington Police Chief John Cease are supportive of continuing the study.
Community Mediation Center of Cape Fear Budget Request
Ms. Kirsten Atkinson, Director of the Community Mediation Center of Cape Fear, advised that
the Center provides mediation services and conflict resolution education. The funding allocated to the
Center supports the indigent client fund where people can utilize a third party agency to resolve
conflicts that would ordinarily be handled in court or result in family neighborhood violence. Every
case mediated saves the taxpayers $992, and the agency is appreciative of County funding received
for this program.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 625
Statement Left by Mark Lewis Entered into the Record
Chairman Davis asked if Mr. Mark Lewis would like to speak.
County Attorney Copley advised that Mr. Lewis left the meeting and would like for the Board
to include his written statement into the record.
The Clerk to the Board was requested to include the statement into the record.
A copy of the statement is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 29.
Mr. Jim Beck, a concerned citizen, expressed concern for the figures in the County Budget not
making sense . There are two numbers between 1998 and 1999 when the County tax base increased
from $10 billion to $15 billion. Collections increased from $66 million in 1998 to $87 million in 2000.
It is difficult to understand how the County needs millions of dollars to balance the FY 2001-2002
Budget when the unincorporated area of the County has decreased in size. Public safety has increased
33% in two years and general government has increased 14%. The County has no control over the
schools, the Sheriff’s Department, or Department of Social Services; however, it does have control
over public safety and general government which should require less revenue because of annexation.
Break
Chairman Davis called a break from 8:55 P.M. until 9:10 P.M.
There being no further comments, Chairman Davis closed the Public Hearing.
Chairman Davis spoke on adopting the budget at the June 18 meeting, and stated that part of
the budget is the recommendation for all County employees including the County Manager to take two
days off without pay during the next fiscal year. At the Thursday Staff meeting, members of the Board
agreed to deduct two days without pay for each County Commissioner, and he requested the County
Manager to include this in the recommended budget.
PUBLIC HEARING TO CONSIDER A REQUEST BY PLANNING STAFF TO APPLY A
SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD) 1,000 FEET ON EITHER SIDE OF
THE HIGHWAY 17 BY-PASS RIGHT-OF-WAY EXTENDING FROM ITS INTERSECTION
NEAR FUTCH CREEK ROAD AND MARKET STREET WEST TO HIGHWAY 421 NORTH
(Z-725, 04/01)
Chairman Davis opened the Public Hearing.
Commissioner Caster and Commissioner Boseman requested to be recused from discussing
or voting on this issue since they own property in the area.
Motion:
Chairman Davis MOVED, SECONDED by Vice-Chairman Greer, to recuse Commissioner
Boseman and Commissioner Caster from voting on this issue because of property ownership in this
area. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Planning Director Dexter Hayes advised that based on comments presented at the April 5, 2001
Planning Board meeting, a Work Session was scheduled to discuss methods of alleviating concerns
about the proposed Special Highway Overlay District (SHOD) being applied 1,000 feet on either side
of the Highway 17 By-Pass right-of-way. As a result of these meetings, the Planning Board directed
Staff to develop language to allow reduced setbacks based upon additional landscaping and buffering;
allow outside storage and manufacturing in front of the building with landscaping and buffering; reduce
side and rear yard setbacks in accordance with the underlying zoning district; and only apply the
signage restriction on properties to the west of the Cape Fear River. The SHOD will not apply to
residential properties and approximately 90 parcels will be impacted by SHOD requirements.
On May 3, 2001, the Planning Board heard the item again and several people present expressed
additional concerns. Mr. Ken Shanklin, an attorney representing two clients, presented a proposal
with revised language and the Planning Board unanimously recommended approval of the proposal.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 626
The revised proposal endorsed by the Planning Board would establish a new set of regulations that
only apply to the Highway 17 By-Pass.
The Planning Board unanimously recommended approval of the proposed SHOD with the
revised language presented by Mr. Shanklin as follows:
Section 59.6-7:
Highway 17 By-Pass SHOD. The 1,000 foot wide SHOD implemented along the entire right-
of-way length of the Highway 17 By-Pass shall be subject to the following specific limitations
rather than the general restrictive controls of Subsections 1-5 of Section 59.6-3. All
nonresidential buildings and accessory uses shall be set back no less than 100 feet from the
right-of-way of the Highway 17 By-Pass. However, this 100 foot wide setback may be
reduced by 50% if (a) streetscape trees are planted in accordance with Section 59.6-3(1) and
(b) 30 feet of the remaining setback area is planted in accordance with the buffer section of the
ordinance. Only buffering and landscaping shall be permitted within the reduced setback area.
Additionally no storm water management facilities or utilities shall be permitted within the
reduced setback area. However, storm water management and/or utilities may be permitted
in the setback area if the formula described in Section 59.6-3(1) for reduction of setback is
utilized and there is no parking, outside storage or manufacturing in front of the building.
There shall be no additional side and rear yard building setbacks required for nonresidential
structures, buildings and improvements for the Highway 17 By-Pass SHOD, provided no
additional buffering is required for loading, storage, commercial and industrial uses and
activities outside of enclosed facilities. Outside storage, manufacturing and other commercial
and industrial uses may be permitted in front of the building if the entire 100-foot wide setback
area is utilized for landscaping and buffering. The area west of the western edge of the
Northeast Cape Fear River shall have no SHOD restrictions except for the restriction on
signage as specified in Section 59.6-3(6).
Chairman Davis asked if Staff agreed with the revised proposal.
Planning Director Hayes responded that Staff feels the revised language will not achieve the
purpose of the SHOD District which is to protect the corridor appearance.
Discussion followed on the proposed 1,000 foot setback. Planning Director Hayes explained
that Staff initially proposed a 1,000 foot setback because this is a limited access facility similar to I-40.
Some of the property owners were concerned about the 1,000 foot setback and there would not be
a problem with reducing the setback to 500 feet if the Commissioners decide this would be more
appropriate.
Attorney Kenneth Shanklin, representing Edwards, Inc. and Tidewater Storage Trailers,
presented a color coded map and pictures of the sites owned by his clients. He explained that after
attending the Planning Board Work Session, he reviewed the proposal and redrafted the document to
better address the issue. When rezoning property, there must be a purpose. The proposed SHOD will
go through an I-2 heavy industrial area with excessive noise and odor. For a number of years, this area
was designated the major industrial area of the County. To apply the SHOD west of the Northeast
Cape Fear River would wreak havoc on the area covered. The SHOD is written to cover more than
billboards, such as manfacturing, storage, offices, retail sales, etc. If SHOD is extended west of the
Cape Fear River, both Edwards, Inc. and Tidewater Storage Trailers will be non-conforming uses,
which creates a problem with expanding these businesses. If the SHOD is stopped at the Northeast
Cape Fear River and only signage is applied west of this point, it will allow industrial uses in the area
to remain as conforming uses. These businesses should be able to remain in the area and not be
impacted by the SHOD. The difference between a 1,000 foot or 500 foot setback does not matter to
his clients.
After further discussion, Vice-Chairman Greer requested an explanation of the differences in
the proposal prepared by the Planning Staff and the revised proposal by Attorney Shanklin.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 627
Attorney Shanklin explained the revised SHOD will eliminate some outside storage issues,
enclosed facility issues, and parking limitations. This proposal addresses some concerns by his clients
and the persons at the Planning Board meeting. If the SHOD stops at the Northeast Cape Fear River,
this will satisfy his clients.
Chairman Davis asked if any member of the Board would like to comment.
Chairman Davis asked if anyone from the public would like to comment.
Mr. David Sneeden, a co-owner of a parcel of land located in the fork of the road between
Highway 17 and the By-Pass on Porters Neck Road, reported that if the SHOD is extended back to
the By-Pass a hardship will be created on his property by overlapping SHODS, one at 500 feet in
depth and the proposed SHOD at 1,000 feet in depth. The property cannot be used because it will
be impossible to have a front or rear to the piece of property. He spoke in support of the revised
SHOD and requested the revised proposal to be amended to state that if a particular piece of property
is impacted by two overlapping SHODs, only one SHOD would apply.
Mr. Emerson Whitted, a resident of 3502 Emerson Drive, Castle Hayne, N. C., spoke in
opposition to the 1,000 foot setback and requested the Board to consider reducing the setback to 500
feet.
Mr. L. E. Nissen, the owner of 25 acres along Blue Clay Road, spoke in opposition to the
1,000 foot setback and requested the Board to reduce the setback to 500 feet.
There being no further comments, Chairman Davis closed the Public Hearing.
Vice-Chairman Greer asked if there was a solution to the situation presented by Mr. Sneeden.
Planning Director Hayes responded that overlapping setbacks do occur when there are corner
lots at an intersection. In these types of situations, a front lot is declared and the other side is treated
as a side yard with a reduced setback. This issue can be addressed through a text amendment.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Chairman Davis, to approve a SHOD to
the depth of 500 feet on either side of the Highway 17 By-Pass right-of-way to stop at the Northeast
Cape Fear River and request Staff to prepare an amendment to address properties with overlapping
SHOD Districts to be considered by the Board at a later date. Upon vote, the MOTION CARRIED
3 to 0 as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Pritchett
Excused:Commissioner Boseman
Commissioner Caster
A copy AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAPS OF ZONING AREAS 8B AND 10A are hereby incorporated as a part of the minutes
and are contained in Zoning Book II, Section 8B, Page 51 and Zoning Book II, Section 10A, Page
25.
PUBLIC HEARING TO CONSIDER A REQUEST FROM CROWN CASTLE
ATLANTIC/CINGULAR WIRELESS FOR A SPECIAL USE PERMIT TO INSTALL A 275
FOOT TELECOMMUNICATIONS TOWER IN A RURAL AGRICULTURAL DISTRICT
(RA) LOCATED AT 3719 NORTHEAST AVENUE IN CASTLE HAYNE (S-477, 05/01)
Chairman Davis opened the Public Hearing and announced that the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by
the Clerk to the Board.
The following persons were sworn in:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 628
Dexter Hayes
Robert Sink
Robert C. Ekstrand
Planning Director Dexter Hayes advised that Crown Castle Atlantic/Cingular wireless has
requested a Special Use Permit for a telecommunications tower to be erected in an area zoned RA
Rural Agricultural located at 3719 Northeast Avenue in Castle Hayne, N. C. Telecommunication
towers are permitted by Special Use Permit in a Rural Agricultural District. The proposed tower will
be in compliance with FCC requirements and FAA regulations.
The Planning Board heard the request on May 3, 2001, and the petitioner presented evidence
that show co-location on a nearby tower was not feasible; however, the new tower will provide sites
for co-location. No one spoke in opposition to the request, and the Planning Board recommended
approval of the Special Use Permit.
Planning Director Hayes entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved based
upon the following findings:
A.The site is served by the Castle Hayne Volunteer Fire Department.
B.The area is served by an individual well and septic system. No restroom facilities will
exist on site.
C.The site has access through an easement 20 feet wide from Northeast Avenue, which
is a State maintained road.
D.The tower compound will be fenced with a chain link fence 6 feet high topped with
barbed wire.
E.Expansion of wireless telecommunication services can enhance emergency
communication during severe weather conditions.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The proposed tower site is zoned RA Rural Agricultural. Telecommunication towers
are permitted by Special Use Permit in RA Districts.
B.The proposed tower will be in compliance with all FCC requirements.
C.The proposed tower will also comply with all FAA regulations.
D.A site plan in accordance with the requirements of Section 69.17 of the New Hanover
County Zoning Ordinance has been submitted.
E.A third row of plant material will be required to meet buffering requirements.
F.Documentation showing there is no suitable existing facility within the coverage area
for co-location will be provided by the applicant.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.Similar type facilities exist in residential neighborhoods throughout New Hanover
County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 629
B.No evidence has been presented to show that the tower will decrease property values
or exist as a health hazard to residents that live nearby.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development of New Hanover County based upon
the following findings:
A.According to the New Hanover County Land Use Plan, the site is located in the
Resource Protection land classification. The purpose of the Resource Protection class
is to provide for the preservation and protection of important natural, historic, scenic,
wildlife and recreational resources.
B.No County regulated conservation or historic resources have been identified on the
site.
Planning Director Hayes reported that Staff was concerned about the opportunity for co-
location; however, this issue has been addressed by the petitioner.
Chairman Davis asked if the request was consistent with the Comprehensive Land Use Plan.
Planning Director Hayes responded that the use was in compliance with the Land Use Plan
because telecommunication towers are needed throughout the county. Staff has encouraged co-
location whenever possible to reduce the number of towers located in the county.
Commissioner Pritchett referenced the question regarding a safe-fall tower and asked if this
issue had been addressed.
Planning Director Hayes responded that when towers are located in close proximity to homes
or structures, a certain distance is required to be sure that enough distance has been provided to allow
the tower to fall. In this case, there are no surrounding structures.
Chairman Davis asked if the petitioner would like to speak.
Mr. Robert C. Ekstrand, representing Cingular Wireless, advised that the proposed tower will
not be different from other towers located throughout the county. The tower will be placed on an 18-
acre parcel owned by Irene Lane. The compound will be located on the eastern portion at the rear
1,500 feet off Northeast Avenue meeting the tree line to protect the facility from view by persons
living on Northeast Avenue. The compound will be 75 feet by 75 feet surrounded by a 6-foot chain
link fence and will be accessed by a 20-foot wide utility easement that extends 1,500 feet back on the
site. There will be a 25-foot buffer comprised of one row of Burford Holly and two rows of Wax
Myrtle to better screen the facility.
Mr. Ekstrand referenced the question about the tower falling and stated there are no structures
within a 275 foot radius, which is the height of the tower. He noted that the tower was structurally
designed to never fall and can sustain wind pressure of 150 miles per hour over a period of one hour.
The tower is also designed to buckle in on itself and fall within 100 feet by 100 feet. This would only
occur under high wind conditions.
Chairman Davis requested an explanation of the attempts to co-locate and requested the
documents submitted to be presented to the Clerk to the Board so they can become a part of the
record.
Mr. Ekstrand presented a binder to the Clerk to the Board and he requested the Board to refer
to Tab 5 regarding the efforts to co-locate on the Alltel tower located approximately one mile away.
The letter/affidavit is not an official affidavit that would be recognized by the courts, but it is a
document simply showing the efforts made by the Cingular Radio Frequency Design Engineer to
collocate on the Alltel tower located approximately one mile away. It was found that the Alltel tower
would not meet the coverage needs of Cingular.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 630
Chairman Davis asked Mr. Ekstrand if he agreed with Staff findings.
Mr. Ekstrand concurred with the findings as presented.
Chairman Davis asked if any other persons sworn in by the Clerk to the Board would like to
speak.
Hearing no comments, Chairman Davis closed the Public Hearing.
Commissioner Pritchett asked if any opposition to the request had been expressed at the
Planning Board meeting.
Planning Director Hayes responded that no opposition was expressed.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to grant the
Special Use Permit to Crown Castle Atlantic/Cingular Wireless to locate a 275 foot telecommunication
tower at 3719 Northeast Avenue, Castle Hayne, N. C. based upon the evidence and findings of fact
concluding that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved; the use meets all required
conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value
of adjoining property or abutting property or that the use is a public necessity; and the location and
character of the use if developed according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general conformity with the plan of development for
New Hanover County. Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
A copy of the Special Use Permit and binder documents are hereby incorporated as a part of
the minutes and are contained in SUP Book III, Page 13.
PUBLIC HEARING TO CONSIDER REQUEST BY THE PLANNING STAFF TO ADD
INDOOR SHOOTING RANGES TO THE TABLE OF PERMITTED USES AND TO ADD
SECTION 72-38 TO THE ZONING ORDINANCE REQUIRING ADDITIONAL
RESTRICTIONS IMPOSED ON SPECIAL USE PERMITS FOR INDOOR SHOOTING
RANGES (A-209, 05/01)
Chairman Davisopened the Public Hearing.
Planning Director Hayes reported that the Board of County Commissioners at a previous
meeting requested Staff to prepare a text amendment to cover indoor shooting ranges. The proposed
amendment will require a Special Use Permit to establish an indoor shooting range in a B-2 District
and by right in I-1, I-2, and A-I Districts. The Planning Board recommended approval with
modification of the insurance language to read that the range shall be covered by an adequate amount
of accident and liability insurance.
The proposed wording of Section 72-38 of Article VII of the New Hanover County Zoning
Ordinance reads as follows:
1)Each indoor shooting facility shall be located a minimum of 1,000 feet from any
residentially zoned area, church, school or park. Such measurement shall be the
horizontal distance between the property line of the proposed shooting facility and the
nearest residential zoning line or property line of any church, school or park.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 631
2)Each indoor shooting facility shall be located a minimum of 1,000 feet from any
existing shooting facility. Such measurement shall be the horizontal distance between
the nearest property lines of the proposed and existing indoor shooting facility.
3)At least one qualified individual in the sponsoring club or organization shall be certified
for shooting range supervision. Each facility shall adopt safety rules and regulations
as determined by the sponsoring club or organization.
4)The firing range shall be covered by a minimum of three hundred thousand ($300,000)
dollars of accident and liability insurance.
Chairman Davis requested an explanation of the $300,000 accidental and liability insurance.
Planning Director Hayes responded that the figure was a standard amount recommended by
the National Rifle Association when adopting requirements for an outdoor shooting range.
Discussion followed on the importance of the owner maintaining the $300,000 liability and
accidental insurance as long as the indoor range remains in operation. Commissioner Pritchett
expressed concern for the owner being able to cancel the policy at any time after the permit is issued.
Chairman Davis recommended rewording the condition of the Special Use Permit to
specifically note that the liability insurance must be maintained at all times for the permit to remain in
effect.
Commissioner Caster asked if any distance has been included in the text amendment regarding
the number of feet from a church, school, or park.
Planning Director Hayes responded that regulations are only in place for adult entertainment
centers.
Commissioner Caster expressed concern for preparing a text amendment for indoor shooting
ranges because people using this type of facility are aware of gun safety. He also noted there is a
difference between an indoor and outdoor shooting range.
Chairman Davis asked if anyone from the public would like to speak.
Hearing no further comments, Chairman Davis closed the Public Hearing.
Vice-Chairman Greer recommended not changing the existing ordinance.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to allow the
ordinance to remain unchanged for indoor shooting ranges.
Substitute Motion:
Chairman Davis MOVED to approve the text amendment as recommended by
Staff. The MOTION FAILED due to the lack of a second.
original motion
Chairman Davis called for a vote on the to allow the existing regulations to
remain in place with no change. Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 632
PUBLIC HEARING TO CONSIDER REQUEST BY PLANNING STAFF TO NAME A
PRIVATE UNIMPROVED ROAD, LOCATED NEAR THE 2100 BLOCK OF OAKLEY
ROAD, NORTH SIDE, TO RUSTIC LANE AND ASSIGN MAILING ADDRESSES (SN-86,
08/00)
Chairman Davis opened the Public Hearing.
Staff Planner Sam Burgess advised that the road naming request was heard by the Board of
County Commissioners in September, 2000. At the meeting, Yahweh Lane was proposed by several
residents who lived along the road; however, some nearby neighbors were opposed to the road name.
The Board tabled the request and suggested that the residents meet and agree on an unduplicated road
name.
Since September, a unanimous agreement has not been reached in determining an unduplicated
road name. To date several residents who live along the road have continued to express concern about
the lack of cooperation with other neighbors and timely emergency service delivery. Due to this
dilemma, the concerned residents and Staff are requesting that the private road be named Rustic Lane.
The proposed unimproved private road is recorded as a part of the Hugh M. Guyton Division
(Map Book 32, Page 255) and is displayed as a 60 and 30 foot access easement. Approximately three
(3) residential homes exist along the road, one fronting on Oakley Road. Presently, one additional
home is under construction. Rustic Lane is an unduplicated road name and has been approved by E-
911. In accordance with the County’s Address Grid System, street addresses will need to be adjusted
if the road name is approved. The County will be responsible for erecting a street sign if approved.
The proposed effective date of the change is September 4, 2001.
Chairman Davis asked if anyone from the public would like to speak in opposition to naming
the private road to Rustic Lane.
Hearing no comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
request by the Planning Staff to name a private, unimproved road near the 2100 block of Oakley Road
on the northside to Rustic Lane and to authorize the assignment of mailing addresses. Upon vote the
MOTION CARRIED UNANIMOUSLY.
Copies of orders naming the road and assigning mailing addresses are hereby incorporated as
a part of the minutes and are contained in Exhibit Book XXVI, Page 29.
CONSIDERATION OF CAPITAL PROJECT ORDINANCE TO ESTABLISH A NEW
FIRING RANGE AT THE POINT PETER SITE OFF HIGHWAY 421 NORTH AND
APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2001-48
Sheriff Sonny Lanier reported that Deputy Lee Garris was present to comment on using the
Point Peter site off Highway 421 North as a firing range in lieu of the range located in Bull Tail, N.
C. He advised that the old range was being lost due to construction of Smith Creek Parkway and
stated that approximately $521,000 was received from the N. C. Department of Transportation to be
used for establishing a new firing range on the Point Peter site; however, due to the funding not being
specifically earmarked by Staff for this use, these funds are no longer available.
Sheriff Lanier spoke on the sale of another piece of property at $130,000, and he requested
the County Commissioners to allocate the money received from the sale to the new firing range. He
also noted that funding would be allocated from Federal Forfeited Property revenue that has been
received by the Sheriff’s Department.
In closing, Sheriff Lanier spoke on the need to move forward with developing the firing range
and he requested Deputy Lee Garris to present a brief report on the progress of the project.
Deputy Lee Garris advised that the Board approved a Special Use Permit to allow
development of the firing range on the Point Peter site at the previous meeting but the County
Commissioners did not approve additional funding in the amount of $176,000 to complete the project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 633
After a considerable discussion, the Sheriff’s Department was requested to work with Staff to see if
the additional funding could be found within the Sheriff’s budget. After closely reviewing items,
approximately $136,000 will be received from the sale of property and $26,000 can be transferred
from Federal Forfeiture funds to pay for the target system, leaving a $14,000 deficit. In an effort to
reduce the cost of the project to make up for the deficit, all interior safety fencing and the canine
training area composed of 7.5 acres can be eliminated. If the Board allocates the money received from
the sale of property to be used specifically for the firing range, the project will be funded.
Deputy Garris reported that the well and septic tank permit were in place and bids are being
prepared for construction of the restrooms. Money will be needed for the slab, and Cape Fear
Community College has offered to construct the building if the materials are provided for the
restrooms.
Commissioner Caster asked where the canine training will be held.
Deputy Garris responded that canine training will be eliminated because this type of training
is not required under standards for the Sheriff’s Department.
Commissioner Pritchett asked if any effort had been made to request funding from other
agencies and groups using the firing range.
Deputy Garris responded that the Sheriff’s Department uses the firing range approximately
70% of the time and a majority of other groups only train one day a year. This made it difficult to
request funding for the facility; however, these groups were asked if there would be a problem with
charging a $200 fee per year to use the firing range. If all 25 agencies are willing to pay the fee,
$5,000 will be generated annually to pay for maintenance of the firing range. The City of Wilmington
was not interested in paying an annual fee and the Sheriff’s Department was invited to use the City’s
range.
In closing, Deputy Garris requested the Board to earmark the $136,000 for the new firing
range.
Commissioner Caster stressed the importance of adequate training and stated the $136,000
received from the sale of other property should be allocated to the firing range project.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a Capital
Project Ordinance and the associated budget amendment in the amount of $163,330 to establish a new
firing range on the Point Peter site located off Highway 421 North and request Staff to prepare a fee
schedule for use of the firing range to be approved by the Board of County Commissioners. Upon
vote, the MOTION CARRIED 4 to 1 as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Commissioner Boseman
Budget Amendment #2001-48-General Fund/Federal Forfeited Property/Firing Range
ADJUSTMENTDEBITCREDIT
Firing Range:
Transfer in from General Fund$136,550
Transfer in from Federal Forfeited Property$ 26,780
Capital Project Expense$163,330
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 634
General Fund:
Sale of Fixed Assets$136,550
Transfer to Other Funds (Firing Range)$136,550
Federal Forfeited Property:
Capital Project Expense$ 26,780
Transfer to Capital Projects (Firing Range)$ 26,780
Explanation:
To set up the budget according to the Capital Project Ordinance. The sale of the fixed
asset is for 6.38 acres purchased by the State from the County.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXVI, Page 29.
ADDITIONAL ITEMS - COUNTY MANAGER
Approval of Budget Amendment #2001-54 to Increase the Budget for Additional Services
Required by Phillips and Jordan
Mr. Charles Reed, representing Freeman White Inc., requested the Board to approve a budget
amendment in the amount $65,257 to cover additional services provided by Phillips and Jordan during
the clearing and grading phase of the jail project.
Chairman Davis asked if approval of the budget amendment will cause the project to go over
the projected budget.
Mr. Reed explained that if this work had not been performed by Phillips and Jordan, the
additional cost would have been added to the contract with the general contractor as part of the site
work; therefore, the project will be within budget.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the
budget amendment in the amount of $65,257. Upon vote, the MOTION CARRIED 4 to 1 as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Commissioner Caster
Budget Amendment #2001-54A (Contract #01-0094) - New Jail Project
ADJUSTMENTCREDITDEBIT
Certificates of Participating Financing$65,257
Capital Project Expense$65,257
Explanation:
To increase the budget for additional services required of Phillips and Jordan.
Mr. Reed requested the Board to approve a budget amendment in the amount of $8,325 to
cover additional cost associated with having to purchase longer pilings for the new jail site based on
test results.
Commissioner Boseman asked if longer pilings would cause water quality issues with the
Castle Hayne Aquifer.
Mr. Reed advised that no environmental concerns should be created by using longer pilings.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 635
He also noted that approval had been received from the N. C. Department of Insurance which was
needed by the County Inspections Department before issuing the permit to perform the work.
Commissioner Caster asked if it was common for a mistake of this type to occur when trying
to determine the length of the pilings.
Mr. Reed explained that after receiving the results of the tests, there was a difference of 2 ½
to 3 feet in length and it was felt that longer pilings should be used for the jail project. New Hanover
County will receive a credit for pilings not installed for the Sheriff’s Administration Building and this
savings will be applied to the cost for the change in the length of the pilings. Two different types of
pilings, concrete and timber will be used. Concrete pilings will be used to support heavy areas such
as inmate housing and timber pilings will be used for jail support services.
Chairman Davis called for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve a change
order to the Waterfront Marine contract and approve the associated budget amendment in the amount
of $8,325. Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
Approval of Budget Amendment #2001-54B (Contract #01-0206) for the New Jail Project
The Commissioners approved the following Budget Amendment:
Budget Amendment #2001-54B (Contract #01-0206)- New Jail Project
ADJUSTMENTDEBITCREDIT
Certificates of Participation Financing$8,325
Capital Project Expense$8,325
Explanation:
To increase the budget for a change order to Waterfront Marine for longer pilings for
the jail project.
NON-AGENDA ITEMS
Chairman Davisasked if anyone from the public would like to discuss an item that was not
listed on the Regular Agenda.
Mr. John Evans, Chairman of the New Hanover County Libertarian Party, spoke on the
Sheriff’s Department being constitutionally mandated by State Law to have a firing range and advised
that the Libertarian Party is requesting the Board of County Commissioners to fully fund the firing
range at the Point Peter site. He stated that one accidental discharge of a bullet over the 10-foot berm
would be extremely costly to the County in legal fees. He also noted that berms should be at least 20
feet high to protect surrounding areas and canine units are needed for use by law enforcement officers
in the City and County.
Mr. Evans expressed concern for increasing the ad valorem property tax and stated that each
time New Hanover County increases taxes, the citizens lose more of their liberties. If devolution could
be practiced where the federal government would give back powers to the states, and the states would
return powers to counties, it would be possible for counties to better control the functions of local
government. For example, more than 30 agencies appeared before the Board either asking for
additional funding or expressing appreciation to the Board of County Commissioners for funding
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, JUNE 4, 2001 PAGE 636
recommended in the FY 2001-2002 Budget; however, the Sheriff’s Department was not fully funded
for a badly needed firing range.
In closing, Mr. Evans requested the Board to consider simplifying the County budget so it can
be read by persons who are not trained Certified Public Accountants. He stressed the importance of
the public being able to read and understand what is being requested by Staff and approved by the
Board of County Commissioners. He also stated that the Libertarian Party is concerned about forced
annexation and is in the process of recommending a way to resolve this issue, which will be presented
to the Board within a few weeks.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 11:05 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board