2001-08-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 693
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
August 6, 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.
Chairman Davis called the meeting to order and welcomed everyone present. He noted that
tonight was a historic meeting because this was the first televised meeting of the Board of County
Commissioners. He expressed appreciation to Public Information Office Mark Boyer for making this
become a reality and stated that he felt the citizens would learn more about the functions of County
government.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Amanda McCullough, St. Jude’s Metropolitan Community Church, gave the
invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove a Consent
Agenda Item.
After hearing no comments, Chairman Davis called for a motion to approve the Consent
Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Regular MeetingJuly 9, 2001
Joint Meeting, Citizens Solid Waste Advisory BoardApril 12, 2001
Budget Work Session April 16, 2001
Budget Work SessionApril 23, 2001
Budget Work SessionMay 3, 2001
Special MeetingMay 3, 2001
Closed SessionMay 7, 2001
Joint Meeting, New Hanover County Airport AuthorityMay 17, 2001
Budget Work SessionJune 14, 2001
Approval of New Records Retention and Disposition Schedule Submitted by the N. C. Division
of Archives and History
The Commissioners approved the May 2001 Records Retention Disposition Schedule as
submitted by the N. C. Division of Archives and History to replace the 1991 Schedule. The Chairman
was authorized to execute the approval sheet.
A copy of the new schedule is on file in the Governing Body Office.
Appointments to the New Hanover County Child Fatality Prevention Team
The Commissioners appointed the following persons to serve on the Child Fatality Prevention
Team:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 694
Michael Law, Emergency Medical Services Provider
Tammy Hartley, Representative of County agencies and Community at-large
Joyce Hatem, Representative of County agencies and Community at-large
Adoption of Resolution Accepting an Offer to Sell Surplus Property Jointly Owned by the
City of Wilmington and New Hanover County
The Commissioners adopted a resolution accepting an offer in the amount of $5,900 from
th
Lucille Hartley to purchase property located on Rankin Street (North end of 16 Street) owned by
the City of Wilmington and New Hanover County. The property has a current tax value of $5,164,
and the offer will be duly advertised for upset bid.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4.
Adoption of Resolution Rejecting Bids Received for Upgrading the Overhead Bridge Crane,
Bid # 01-0308 - Environmental Management Department
The Commissioners adopted a resolution rejecting the bids received for upgrading the
overhead bridge crane at WASTEC because both bids exceeded the amount budgeted. Staff was
authorized to review the existing specifications, make modifications, and re-bid the project.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4.
Adoption of Bank of America Certified Copy of a Corporate Resolution for Opening and
Maintaining Deposit Accounts and Services
The Commissioners adopted a Bank of America Certified Copy of a Corporate Resolution
for opening and maintaining deposit accounts and services as required to be kept on file for the New
Hanover County Sheriff’s Department Jail Inmate Escrow account. Following is a list of individuals
authorized to complete financial transactions for this account:
Bruce T. Shell, Finance Director
Julianne M. Griffin, Deputy Finance Director
Barbara D. McClure, Assistant Finance Director
Lt. M.J. Adams, Assistant Chief Jailer
Sgt. Wayne Bailey, Service Desk Sgt.
Sherry Troscianiec, Secretary
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4.
Approval of Two (2) New Public Health Registered Nurse Positions for New Hanover County
Schools and Approval of Budget Amendment #02-0013
The Commissioners approved a request submitted by the New Hanover County Board of
Health to approve two (2) new Public Health Registered Nurse (PHN) positions for the New
Hanover County Schools, and approved the associated budget amendment to accept funding in the
amount of $83,370 from the schools to pay for the two positions. The positions will be used to
provide nurses to three new schools (Ashley High School, Murray Middle School, and Parsley
Elementary School) opening this fall.
Budget Amendment #02-0013 - Public Health/School Health
ADJUSTMENTDEBITCREDIT
Public Health:
School Health:
Contributions From Schools$82,370
Salaries and Wages$65,177
Social Security Taxes 4,986
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 695
Retirement-Local Government Employee $ 3,194
Medical Insurance Expense 8,144
LT Disability Insurance 169
Employee Reimbursements 300
Training & Travel 400
Explanation:
To budget revenue from New Hanover County Schools to fund two new Public Health
Registered Nurse positions.
Authorization for the New Hanover County Health Department to Reapply for a Grant
Application from Cape Fear Memorial Foundation to Continue the Teen AIDS Prevention
Program
The Commissioners authorized the Health Department to reapply to Cape Fear Memorial
Foundation for grant funding in the amount of $45,500 for FY 2002 to continue the Teen AIDS
Prevention Program. This is a unique program that focuses on HIV/STD prevention by providing
peer-led presentations to high-risk New Hanover County teens on a regular basis. It is the only peer
education program in New Hanover County that serves adolescents in housing developments, the
Juvenile Detention Center, and the Wilmington Treatment Center on a consistent basis.
This funding request is for the period of October 1, 2001 through September 30, 2002. No
County match is required. In-kind support is through existing staff and resources already budgeted
in the Communicable Disease Division budgets.
Authorization for the New Hanover County Health Department to File a Grant Application
to the North Carolina Department of Health and Human Services, Division of Public Health,
for a CDC Tuberculosis Elimination and Prevention Grant
The Commissioners authorized the Health Department to file a grant application for a CDC
Tuberculosis Elimination and Prevention grant in the amount of $10,000 for Fiscal Year 2002 to
better serve the growing Hispanic population, to improve TB services to patients, and to assist with
outreach education activities. No County funds are required.
The funds will be used to purchase equipment, educational tools, print and translate written
materials into Spanish, and contract with ATI Interpreter Services to pay for a Spanish speaking
interpreter to work one day a week in the program.
Approval of Budget Amendment for Snow's Cut Spoil Island Pest (Mosquito) Management
Program
The Commissioners approved the following budget amendment in the amount of $19,066 to
budget revenue received from the U. S. Army Corps of Engineers for the Health Department to move
forward with a mosquito management program for the west end of the Snows Cut Spoil Island. Work
will commence upon approval by the U.S. Army Corps of Engineers. The estimated cost of the
program is $19,066, which will be paid by the Corps, and Vector Control will provide intra-
departmental resources.
Budget Amendment #02-0014
ADJUSTMENTDEBIT CREDIT
Public Health:
Vector Control:
Snows Cut Corps of Engineers Grant $19,066
Salaries and Wages $5,846
Equipment Rent 9,800
Contracted Services 420
Fuel and Supplies 3,000
Explanation:
To budget revenue from Corps of Engineers for Snows Cut Spoil Island Mosquito
Management Project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 696
Authorization for the New Hanover County Library to File a Grant Application to Receive
Funding from State Aid to Public Libraries
The Commissioners authorized the Library to submit a grant application to the State Aid to
Public Libraries to receive its share of funding. The Library anticipates receiving $198,252 for FY
2001-2002, and this amount has been included in the Library's 2002 budget.
Approval of Budget Amendment #2002-02-Controlled Substance Tax
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Controlled Substance Tax$3,701
Capital Project Expense $3,701
Explanation:
To increase the budget for additional revenue received on June 28, 2001. Controlled
Substance Tax funds are budgeted as received and must be used for law enforcement activities as
deemed necessary by the Sheriff.
Approval of Budget Amendment # 2002-03Federal Forfeited Property
-
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Federal Forfeited Property$4,449
Capital Project Expense $4,449
Explanation:
To increase the budget for additional revenue received June 18, 2001. Federal
Forfeited Property funds are budgeted as received and must be used for law enforcement activities
as deemed necessary by the Sheriff.
Approval of Budget Amendment #2002-05-Library Renovation Capital Project
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Cape Fear Memorial Foundation Grant$50,000
Capital Project Expense $50,000
Explanation:
To increase the budget for grant award from Cape Fear Memorial Foundation for the
Consumer Health Library/Space Renovation Project. This grant was accepted by the Commissioners
on May 21, 2001.
PRESENTATION ON OPERATION OF THE COAST LINE CONVENTION CENTER
Mr. Neal Patrick, Vice-President of the Coastline Convention Center Board of Directors,
reported that Coast Line Management, Incorporated was established in 1988 to monitor public funds
from the City and County and to oversee the operation of the Coast Line Convention Center. He
advised that the original Mission Statement was overly ambitious with a prediction that the Coast
Line Convention Center would be self-sufficient within five years. During the past few years,
instability occurred with management which resulted in a loss of funds that required a two-year
recovery period. He presented a chart on the types of clients, types of usage, occupancy rate, and
major functions held in the Coast Line Center. The basic uses are special events, seminars, meetings,
and banquets. The occupancy rate has grown 15% from 1999 to 2001and the room nights generated
have produced a total raw economic impact of $1,661,468 and a total community economic impact
of $4,153,670.
Mr. Patrick advised that the original lease will expire April 2002, and stated if the lease is not
renewed, the Coast Line Convention Center will convert back to the owner. If the lease is renewed,
the Coast Line Convention Center will continue to market the Cape Fear Region as an attractive
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 697
location for meetings and conventions and maintain the existing center until a new convention center
is constructed. With the dollars generated by the Center, the community is receiving a good return
on the investment made by the City and County; therefore, the Management Board will appear before
the Board of County Commissioners to request renewal of the lease before April 2002.
In concluding the report, Mr. Patrick referenced the amount of knowledge and experience
of the professional management team at the Coast Line Convention Center in dealing with small
convention center operations, and he expressed disappointment that the Center had not been
contacted by any member of the development team about the new convention center. He offered to
answer questions.
After hearing no comments from the members of the Board, Chairman Davis expressed
appreciation to Mr. Patrick for the informative presentation and stated that the Coast Line
Convention Center would be an excellent source of information for the members of the Convention
Center Development Team to contact.
AUTHORIZATION TO CONVEY A PARCEL OF LAND OWNED BY NEW HANOVER
COUNTY AND PENDER COUNTY TO CAPE FEAR COMMUNITY COLLEGE
Chairman Davis recognized Dr. Eric McKeithan, President of Cape Fear Community College,
Mr. Dwight A. Strickland, Chairman of the Pender County Board of Commissioners, and Ms.
Carolyn Justice, a member of the Pender County Board of Commissioners. He turned the meeting
over to Dr. McKeithan for the presentation.
Dr. McKeithan advised that CFCC has requested the New Hanover County Board of
Commissioners and Pender County Board of Commissioners to convey their 50% interest in a 78-
acre rural tract of land located in Pender County( known as Bulltail) for development of a regional
emergency services training facility. Since this property was acquired through a drug seizure, it must
be used for law enforcement, firefighting, rescue, emergency or other similar purposes. The proposed
facility would include canine training; a confined space rescue; a tactical range; a helicopter landing
training zone; rail car container fire training; trench rescue; fire suppression; land and search rescue;
man tracking course; drug labs; and bomb detonation and explosives training. These types of training
need a large rural area, and CFCC is requesting both counties to convey their 50% interest in the
property.
Chairman Davis asked Dr. McKeithan if the federal government has authorized the use and
conveyance of the property for the intended uses, and if concurrence has been received from the
Pender County Board of Commissioners for conveyance of the property.
Dr. McKeithan responded that authorization had been received from the federal government
with the caveat that if CFCC stops using the land for training purposes, the property will revert back
to both counties. He also stated that it was his understanding that Pender County was willing to
convey its share of the property.
Chairman Davis asked if any appraisal had been performed on the value of the land. Dr.
McKeithan and County Manager O’Neal noted that no appraisal had been conducted by CFCC or
New Hanover County.
After informing the Board that no formal decision has been made by the Pender County Board
of Commissioners, Commissioner Justice noted that since the land had to be used to provide training
for law enforcement, fire suppression, and other rescue efforts, it would be an ideal site for a regional
emergency services training facility.
Commissioner Boseman expressed concern for giving a County asset away during a difficult
budget year.
Motion:
After referencing the need for this type of facility, Commissioner Caster MOVED to
approve conveyance of New Hanover County’s 50% interest in the78-acre parcel located in Pender
County (Bulltail) to Cape Fear Community College for development of an emergency services
training center as outlined in the non-warranty deed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 698
Vice-Chairman Greer prefaced his remarks by saying that he was not opposed to the
emergency training center but he was concerned about increased costs to the County with
construction of new buildings by CFCC that will have to be maintained by the County as required by
State Law. He suggested selling the property and using the money for other purposes because of
budget constraints.
Chairman Davis called for a second to the motion by Commissioner Caster to convey the
property to CFCC. Hearing no second, Chairman Davis SECONDED the motion.
Upon vote, the MOTION FAILED 3 to 2. Vice-Chairman Greer, Commissioner Boseman,
and Commissioner Pritchett voted in opposition.
Discussion followed on the difficulty of selling the property because of its remote location.
Mr. Dwight Strickland, Chairman of the Pender County Board of Commissioners, explained that the
property was land locked with no right-of-way to a paved road. There is an easement that runs
across another piece of property that serves as an access. The property does not front Highway 421,
but the property owners in between the property and Highway 421 might be interested in purchasing
the land. He asked if the County Commissioners would like to pursue selling the property through
a realtor, and if so he would discuss this matter with the Pender County Board of Commissioners
and report back on the decision made by the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to proceed to
negotiate with a realtor to sell the property if a decision is made by the Pender County Board of
Commissioners to sell their share. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner
Caster voted in opposition.
ADOPTION OF CAPITAL PROJECT ORDINANCE FOR CONSTRUCTION OF
LANDFILL CELL 6A AND 6B, AWARD OF CONTRACT #01-0208 TO ES&J
ENTERPRISES, INC., AND APPROVAL OF BUDGET AMENDMENT #2002-07 AND
BUDGET AMENDMENT #02-0016
Director of Environmental Management, Ray Church, requested the Board to adopt a Capital
Project Ordinance to establish the budget for construction of Landfill Cell 6A and 6B. He advised
that a bid opening was held on June 21, 2001, at which time only two bids were received. The
project was re-advertised and a bid opening was held on July 19, 2001. The project was broken into
three components, Construction of Cell 6A, Construction of Cell 6B after July 1, 2002 with on-site
soils, and, Construction of Cell 6B after July 1, 2002, using off-site soils ( Alternate 1). The
following bids were received:
Bidder Cell 6A Cell 6B Total Alt #1 Total w/ Alt#1
Allen GradingNo bidNo bidNo bidNo bidNo bid
ES&J,$1,297,109.50 $ 956,103.85$2,253,213.35$598,000$2,851,273.40
Enterprises, Inc.
SE Environmental$1,479,510.50 $1,364,705.60$2,844,216.10 $900,000$3,744,216.10
Contracting
Phillips & Jordan, Inc.$1,601,306.00 $1,196,154.00$2,797,460.00$703,500 $3,500,960.00
Atlas Resource$1,600,023.00$1,238,265.50$2,838,288.50 $550,000 $3,388,288.50
Management
Thalle Construction$1,642,010.00$1,217,693.50$2,859,703.50$770,000 $3,629,703.50
The construction will consist of earthwork and the installation of a bottom liner system
consisting of a double synthetic plastic liner system over a geosynthetic clay liner system. The system
also includes a leachate collection piping network and associated sumps and pumping stations. The
11-acre cell is divided into two subcells 6A and 6B of approximately 5.5 acres each. The proposal
was advertised to have Cell 6A constructed in fiscal year 2002 and a notice to proceed to be awarded
for the construction of Cell 6B on July 1, 2002 when funding becomes available. The intent of this
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 699
proposal was to save time and money by bidding both phases of Cell 6 at the same time. The
contractor ES&J Enterprises, Inc. has expressed an interest in building both phases of Cell 6A and
6B in fiscal year 2002. By doing so, it would save him mobilization and other costs. Payment for
the Cell 6B construction would be made on July 1, 2002. The benefit to the County by allowing
construction of Cell 6B early is that the Cell would be available in the event of a hurricane or other
natural disaster.
Funds for the construction of Cell 6A in an amount of $1,297,109.50 are available in the
Environmental Management Landfill Budget for FY 2002. Funding for Cell 6B in an amount of
$956,103.85 will be budgeted in the Environmental Management Landfill Budget in FY 2003.
In concluding the presentation, Director Church offered to answer questions.
Hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
Capital Project Ordinance for construction of Cell 6A and 6B, adopt a resolution to award Contract
#01-0208 to ES&J Enterprises, Inc., the lowest responsible bidder, in the amount of $2,253,213.35,
approve the following associated budget amendments, and authorize the Chairman to execute the
necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #2002-07-Cell 6A and 6B Capital Project
ADJUSTMENTDEBITCREDIT
Transfer in from Fund 700$2,253,214
Capital Project Expense$2,253,214
Explanation:
To establish the budget for Cell 6A and 6B in the New Hanover CountyLandfill
according to Capital Project Ordinance.
Budget Amendment #02-0016-Environmental Management Fund/Landfill Operations
ADJUSTMENTDEBITCREDIT
Appropriated Fund Balance (Env. Mgmt. Fund)$1,000,000
Transfer To Capital Projects$1,000,000
Explanation:
To carry over funds from FY 2000-2001 to FY 2001-2002 for Cell 6.
Copies of the resolution and Project Ordinance are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXVII, Page 4.
A copy of the contract is on file in the Legal Department.
ACCEPTANCE OF GRANT AWARD FROM THE N. C. DEPARTMENT OF CRIME
CONTROL AND PUBLIC SAFETY - N. C. REDEVELOPMENT CENTER-STATE
HOUSING CRISIS ASSISTANCE FUND AND APPROVAL OF BUDGET AMENDMENT
#02-0005
Planner Wanda Coston reported that New Hanover County has participated in the Hazard
Mitigation Grant Program involving the buy out of properties that were located in the 100 year flood
plain and flooded during Hurricane Floyd. Of the14 houses purchased by the County, 7 are vacant
and 7 are occupied. To assist households living in the occupied houses, the State has provided the
State Acquisition and Relocation Fund (SARF) to provide down payments in the purchase of
comparable replacement houses. The County has received $564,310 in SARF funding to be used for
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 700
this purpose. The Board was requested to accept the grant, authorize the Chairman to execute the
grant documents, and approve the associated budget amendment.
Chairman Davis asked if any members of the Board would like to comment.
Discussion followed on the number of houses to be purchased by the County. Planner Coston
advised that no more than 18 houses would be purchased.
Further discussion was held on whether any remaining funds would revert back to the State
if no additional houses were purchased. Planner Coston explained that funds will be used to assist
people purchasing comparable homes when loans are closed. Each owner will be required to live in
the house for five years. If an owner does not fulfill this requirement, New Hanover County will have
to repay the State for the assistance given to the homeowner on a pro-rated basis. No matching funds
are required from the County and no taxpayer money is involved in the program. These funds were
allocated by the N. C. General Assembly to assist with recovery from Hurricane Floyd.
Discussion was held on what will happen to the vacant houses that have been purchased.
Planner Coston advised that demolition funds are available to destroy homes that cannot be moved;
however, a determination will be made on houses that are economically feasible to move and other
housing service providers, such as Habitat for Humanity, will be contacted to determine if there is an
interest in moving or salvaging a house.
Vice-Chairman Greer requested an explanation of how the $564,000 will be spent with only
7 houses left to purchase.
Planner Coston responded that any remaining funds would be returned to the State. When
the application was made, the number of houses in the flood plain that met the criteria had not been
identified. The funds cannot be used for any other purpose.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to accept the
grant award in the amount of $564,310 to be used to provide relocation assistance to homeowners
impacted by Hurricane Floyd and approve the associated budget amendment. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Budget Amendment #02-0005
ADJUSTMENTDEBITCREDIT
State Housing Crisis Assistance Grant-$ 3,200
Aid to local governments
State Housing Crisis Assistance Grant-$561,110
Homeowners
Contract Services$ 3,200
Relocation Assistance$561,110
Explanation:
To budget a grant awarded to Planning from the State Housing Crisis Assistance
Fund-NC Dept. of Crime Control and Public Safety.
ACCEPTANCE OF SUPPLEMENTAL GRANT FOR THE HAZARD MITIGATION
ACQUISITION AND RELOCATION PROJECT AND APPROVAL OF ASSOCIATED
BUDGET AMENDMENT #2002-06
Planner Wanda Coston advised that the Planning Department has been awarded a
supplemental amount of $376,623 to complete the acquisition and demolition of owner-occupied
residential structures located in New Hanover County. Two grants were previously awarded and
accepted by the Commissioners. The funds received are a supplemental grant to the original grants
awarded.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 701
In concluding the presentation, Ms. Coston advised that no County funding was required and
she requested the Board to accept the supplemental grant award and approve the associated budget
amendment.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to accept the
supplemental grant award in the amount of $376,623 for the Hazard Mitigation Acquisition and
Relocation Project, approve the associated budget amendment, and authorize the County Attorney,
County Finance Director, County Manager, Assistant County Manager, and Planning Director to
execute the grants documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #2002-06
ADJUSTMENTDEBITCREDIT
HMGP-Federal (Grant #1)$64,652
HMGP-State (Grant #1)$21,550
Capital Project Expense$86,202
HMGP-Federal (Grant #2)$237,825
HMGP-State (Grant #2)$225,000
Capital Project Expense$462,825
Explanation:
To adjust the budget as a result of the state moving funds from one grant to the other
and to increase the budget for an additional award of $376,623 for the Hazard Mitigation Acquisition
and Relocation project.
Planner Coston informed the Board that the grant agreement requires establishing a Selection
Committee to set policies and select houses to be assisted according to Community Development
Block Grant (CDBG) regulations and local priorities. The Committee should be representative of
local government, non-profit board members, and individuals with houses rehabilitated under previous
CDBG funds. The Committee will be for the duration of the grant which should be up to 30 months.
She requested authorization to work with Lucie Harrell, Clerk to the Board, in establishing the
committee.
The Board agreed for Ms. Coston and Ms. Harrell to present a recommendation for
establishing the committee.
APPEAL OF 2001 REAL ESTATE IDENTIFICATION AND OWNERSHIP - ELLSWORTH-
SLOANE, D/B/A/ WATERFRONTE VILLAS AND YACHT CLUB - PARCEL
#R08806-005-001-00A
Tax Administrator Robert C. Glasgow reported that an appeal had been filed by Mr. J. C.
Hearne, II on behalf of his client Ellsworth-Sloane d/b/a/ Waterfronte Villas and Yacht Club. The
original appeal received was denied as untimely by the Tax Department and a letter was sent to the
New Hanover County Board of Commissioners to request reconsideration because of items that had
not been previously identified. The referenced items are whether or not the property was properly
identified as real or personal property and whether or not the property could be taxed separately. On
February 7, 2000, an appeal was heard from Ellsworth-Sloane, LLC and at that time, the tax value
was reduced for the boat slips as the result of using the Schedules of Values. The real and personal
property taxation issue was addressed, but no determination was made to follow through with the
process.
Chairman Davis asked if there was any disagreement about the boat slips being classified as
real property.
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REGULAR MEETING, AUGUST 6, 2001 PAGE 702
Mr. J. C. Hearne, II responded that he agreed with the boat slips being classified as real
property.
Chairman Davis asked if Ellsworth-Sloane, LLC was receiving the tax bills.
Tax Administrator Glasgow responded that tax bills were being sent for the boat slips to the
Waterfronte Villas Homeowners Association/Ellsworth-Sloane, LLC.
Chairman Davis noted that Mr. Hearne would like for the Tax Department to send a tax bill
to each individual who owns a boat slip regardless of whether that individual owns a townhouse. The
Tax Administrator feels that all tax bills should be sent to the Homeowners Association for payment
to the County, and the Association in turn receive reimbursement of the money from each individual
boat slip owner.
Tax Administrator Glasgow explained that this method of forwarding tax bills is required
because there is no fee simple title exchange. This is a membership that is being transferred between
the Homeowners Association/Ellsworth-Sloane, LLC and the individual that is purchasing the
membership.
Chairman Davis requested Tax Administrator Glasgow to present arguments on behalf of the
County as to why the boat slip owners cannot be individually billed for taxes due.
Tax Administrator Glasgow argued that the boat slips are memberships with no fee simple title
generated. If the County should identify and tax memberships, the door would be open to tax
memberships for health clubs or other similar organizations. It is not legally possible to tax the boat
slips since no meets and bounds description can be identified under water easement rights issued by
the State of North Carolina. The riparian property is owned by the Waterfront Villas Homeowners
Association and the piers are attached; therefore, ownership is vested with the Homeowners
Association.
Discussion followed on whether other boat slips were being taxed in this manner. Tax
Administrator Glasgow explained that these boat slips were the only slips in the County with a
riparian easement from the street. There are two different types: (1) a recorded condominium
showing the boat slip as an individual parcel identification and taxed accordingly; and (2) other boat
slips, such as Bradley Creek Marina, with the owner being taxed who in turn receives repayment from
the individual owners. Tax Administrator Glasgow stated that if another hurricane should strike the
area and the subject boat slips were destroyed with no identification but ownership, the Tax
Department would have no property to attach a lien to reclaim unpaid taxes. This is the reason why
an ownership should be tied directly to a parcel identification number such as the Waterfronte Villas
Homeowners Association.
Mr. J. C. Hearne, representing Ellsworth-Sloane, LLC and Waterfronte Villas Homeowners
Association, Inc., presented a letter from the N. C. Department of Revenue, dated February 2, 2000,
(marked as Exhibit I for entry into the record) to show how the boat slips are classified as real
property. The following section was read:
It is the opinion of this office that boat slips are real property and should be appraised
according to the county’s Schedules of Values used in its last general reappraisal. Boat slips
are interests in real property and can be transferred as real property between owners. Many
times they are deeded with other real property. The structures themselves are not normally
movable or intended to be moved once put into place. Boat slips tend to be like mobile home
spaces, which are also appraised as real property by counties throughout the state. Like
mobile home spaces, boat slips are many times rented or leased and are income producing
property. As with other types of income producing property, the value of the boat slips can
be determined by using the income approach to value.
Mr. Hearne presented copies of several deeds ( marked as Exhibit II for entry into the record)
and advised that his client relied on the information in the letter to set up the project. When the boat
slips were treated as real property, the client used a deed to transfer ownership. These deeds have
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 703
been recorded with the Register of Deeds as shown by the revenue stamps and a parcel identification
number for each boat slip. This is the same procedure used to record real property.
Mr. Hearne argued that the term membership had been mis-characterized by the Tax
Administrator. When the Homeowners Association was set up, there were three classes of members,
A, B, and C. The use of the word membership does not mean that all being sold is a membership. If
you go to the Atlantic Yacht Club or Bradley Creek Boatominium, a stock certificate or membership
certificate will be issued. Based on the letter from the N. C. Department of Revenue, deeds have
been prepared and recorded to show a boat slip which can be referenced by a book and page number
in the New Hanover County Registry. A chart was presented to the Board showing that the boat slips
were explicitly labeled 1 to 137 and recorded in the Register of Deeds Office.
Chairman Davis asked Mr. Hearne if the referenced deeds represented a boat slip and a
condominium.
Mr. Hearne explained that his client sells townhouses with boat slips, townhouses with no
boat slips, and boat slips. The by-laws contain the language regarding a membership, which simply
defines the levels of membership as Class A, B, or C and the levels paid by the members to the
Homeowners Association. The item being sold is not simply a membership. Individuals are being
sold the extent of the Homeowners Association’s rights in the easement. This is a 50-year easement
with one automatic renewal of 50 years. The statement that nothing can be taxed unless it is fee
simple is just not the case. Mr. Hearne presented and read a letter (marked Exhibit III for entry into
the record) dated August 6, 2001 rom Joseph H. Henderson, Director of the State Property Office:
This is in response to the recent voice mail message you left me with regard to the sale or
lease of boat slips. The State issues easements in state-owned submerged lands to riparian
owners for the purpose of constructing docks, piers, and other structures. These easements
run for a term of 50 years plus a renewal term of 50 years. The easement instrument
specifically acknowledges that the grantor has the right to grant other “rights of use of
portions of structures on the easement premises for periods not to exceed the term of this
easement.” In other words, these easements anticipate that rights of use such as leases,
easements, deeds or other forms of conveyance would be granted subject to the term
limitation of the original easement.
It appears to me that the conveyance of the boat slips (lease or otherwise) would create a real
property interest in the grantee. I am aware of no statute that would preclude such interests
from being taxed for ad valorem property tax purposes. To the contrary, there are numerous
leases of state-owned land where the lessee’s improvements (office buildings, warehouses,
etc.) are listed and taxed separately from the underlying state-owned fee ownership.
Mr. Hearne spoke on researching boat slips for the last four months up and down the eastern
coast and advised that some are through memberships, homeowner associations, or condominiums.
Cape Fear Marina is a condominium with unit ownership documents filed. This concept is not
different from the manner in which the Waterfronte Villas and boat slips have been handled. In
Pender County, the deed method of conveyance is preferred and a parcel identification number is
assigned in order to have a better inventory on taxable real property that results in more accurate tax
bills for that county.
In concluding the presentation, Mr. Hearne stated that the letter from Mr. Henderson shows
that the method being used by his client is acceptable and there is no statute, law, or federal regulation
that prohibits the County from issuing a separate tax bill.
Chairman Davis requested Tax Administrator Glasgow to comment on the letter of August
6, 2001, from Mr. Joseph H. Henderson.
Tax Administrator Glasgow informed the Board that Mr. Joseph H. Henderson does not
represent the N. C. Department of Revenue. It is the position of the Department of Revenue that the
boat slips are representative of memberships which are not real or personal property. This means
that the slips are not taxable or identifiable as individual parcels. When discussing this matter with
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 704
Professor William Campbell with the Institute of Government last year, it was determined that the
boat slips were memberships which should not be identified as individual property parcels.
Assistant County Attorney Holt Moore advised that this was a complex issue and the
Commissioners will have to render a fact specific decision. Since the deed clearly reads that the slips
are a membership, it would be difficult for the County to defend taxing a membership, particularly
when there is no taxing authority.
Mr. Hearne referenced the letters submitted and stated that after contacting Ms. King in the
Property Rights Division, she spoke on seeing both sides of the issue and stated it was not her job to
make a determination. She explained that the Property Rights Division issues easements and the local
officials are responsible for making a determination. The deeds presented are warranty deeds and
they do convey the boat slips. The articles in the By-Laws provide the right to buy, convey and sell
as done with any other type of real property. The ownership of the boat slip is given subject to the
State’s rights of the easement. When dealing with life estates and leaseholds, the letter from Mr.
Henderson stated that these issues are taxed for ad valorem purposes. The tax bill presented is in the
name of Ellsworth-Sloane, LLC, not the Waterfronte Villas Homeowners Association, with a real
value of $4,515,000. This project started two and one-half years ago, and it would not be possible
to go back and send separate tax bills to these individuals. The regulations have been followed and
relief needs to be provided to Ellsworth-Sloane, LLC on the tax bills. He requested the Board to
grant this request.
Chairman Davis asked if the Legal Department and Tax Department still feel that regardless
of whether or not the warranty deeds have revenue stamps, the transfer is a membership that cannot
be taxed.
Assistant County Attorney Moore responded that both the Legal Department and Tax
Department consider the boat slips as memberships.
Commissioner Caster asked Mr. Hearne if anything could be done to the warranty deeds to
satisfy the State and County.
Mr. Hearne responded that he felt the State has been satisfied; however, the County has
defined the boat slips as Class B memberships. It is the belief of Ellsworth-Sloane, LLC that the boat
slips are not memberships, but conveyance of ownerships that should be separately taxed.
Assistant County Attorney Moore explained that no authority has been found stating that the
memberships can be individually taxed. There is no dispute that the riparian landowner can be taxed;
however, with no authority, it would be safer for the County to tax the riparian property.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Davis, to classify the boat slips
as real property. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Caster MOVED to separately tax the boat slips. Since a second was not
received, the MOTION FAILED.
Commissioner Boseman requested an explanation how the parcel numbers were received.
Ms. Lisa Ballantine, the Attorney involved with originally setting up the project, advised that
the Tax Department provided a master tax parcel identification number at the beginning of the
project. It was understood that when the next tax year began, the boat slips would no longer be
under the master tax parcel identification number, but each slip would be assigned its own parcel
number. She also advised that the deeds show a transfer of a lot and boat slip, a lot, or just a boat
slip. The deeds can be referenced by a book and page number as recorded. This transfer is not a
membership, and the declarations in the By-laws define what the different types of memberships
include. Class A is a lot and boat slip, Class B is a boat slip, and Class C is a townhouse. She
requested the Board to consider making another motion because the deeds clearly indicate that the
boat slip is not just a membership. It is difficult to understand why the owner of a real piece of
property would not be sent a separate tax bill.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 705
Motion:
Commissioner Caster made another MOTION to separately tax the boat slips as real
property. The MOTION WAS SECONDED by Commissioner Boseman. Upon vote, the MOTION
FAILED 3 TO 2. Chairman Davis, Vice-Chairman Greer, and Commissioner Pritchett voted in
opposition.
APPEAL OF 2001 REAL ESTATE VALUE REQUESTED BY EDWIN S. BAHOUTH -
PARCEL #R04320-002-023-000
Tax Administrator Robert C. Glasgow reported that the property was a 135' x 200' lot with
a 488 square foot concrete block building known as the Sahara Restaurant located on Market Street.
He stated a considerable amount of time was spent with Mr. Edwin S. Bahouth on July 27, 2001,
showing him property values and explaining why the value was maintained at the appraised value.
Mr. Bahouth was requested to provide information explaining why he felt the value was incorrect,
and no information was received.
Motion:
After stating that Mr. Bahouth did not provide any proof of why the property should be
valued less than appraised by the Tax Department, Commissioner Boseman MOVED, SECONDED
by Vice-Chairman Greer, to uphold the recommendation of the Tax Administrator and assess the
value of the Market Street property, Parcel #RO4320-002-023-000 at $273,982. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST FROMSANDRA KINGREYFOR A
SPECIAL USE PERMIT TO LOCATE A SINGLE-WIDE MOBILE HOME IN AN R-20
RESIDENTIAL ZONING DISTRICT LOCATED AT 2321 CASTLE HAYNE ROAD(S-479,
08/01)
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:
Dexter Hayes
West Kingrey
Kitty T. Flowers
Betty Turner
Planning Director Dexter Hayes reported that Ms. Sandra Kingrey has requested a Special
Use Permit to locate a single-wide mobile home in an R-20 Residential Zoning District on property
located at 2321 Castle Hayne Road. He presented slides of the site and surrounding areas where the
mobile home will be located.
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 site is served by an individual well and septic system. The septic system has been
inspected and approved. The New Hanover County Health Department will also
inspect the well prior to occupancy.
C. The site has access from an existing driveway on Castle Hayne Road.
The Board must find that the use meets all required conditions and specifications of the
2.
Zoning Ordinance based upon the following findings:
A. The property is zoned R-20 Residential. Single-wide mobile homes are permitted by
Special Use Permit in the R-20 Zoning District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 706
B. The proposed improvements meet the required setbacks of the R-20 district.
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. A single-family home is located on the front of the parcel which is zoned O&I Office
and Institutional.
B. Other houses exist on this old agricultural field.
C. Other mobile homes exist on similar property throughout the county.
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. The subject property is located in the Urban Transition Land Classification. The
purpose of the Urban Transition class is to provide for future intensive urban
development of lands that have been or will be provided with necessary urban
services.
B. Although there are some residential homes nearby, this field is screened from Castle
Hayne Road and some of the nearby commercial development giving the area a rural
character.
Chairman Davis asked if the request would be consistent with the Land Use Plan. Planning
Director Hayes responded that the use was consistent with the Land Use Plan.
Chairman Davis asked if the petitioner would like to speak.
Mr. West Kingrey requested the Board to grant the Special Use Permit since there were
mobile homes in the area and it is surrounded by commercial uses.
Chairman Davis asked Mr. Kingrey if he agreed with the findings presented by the Planning
Director.
Mr. Kingrey concurred with the findings as presented.
Chairman Davis asked if any person sworn by the Clerk to the Board would like to testify.
Ms. Betty Turner, representing Bethany Presbyterian Church, expressed concern for the
Church being next to the mobile home. She stated that unfortunately rented trailers are not well
maintained, and the Church had spent a great deal of money in upgrading its property. She requested
the Board to deny the request.
Ms. Kitty T. Flowers, a member of Bethany Presbyterian Church, spoke on the improvements
made to the Church and stated that the members feel the use could decrease the value of the property.
She informed the Board that she was also speaking on behalf of Robert Jordan, the owner of the
property behind the site. She requested the Board to deny the request because it was not a suitable
use of the property which will decrease the value of Mr. Jordan’s property.
Vice-Chairman Greer asked Ms. Flowers if her home was located on the adjacent property.
Ms. Flowers responded that the new mobile home was squeezed in between the lot in front
of the corner of her home and in front of Mr. Jordan’s home, which is not suitable for these residents
living in this area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 707
Hearing no further comments, Chairman Davis closed the Public Hearing.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to deny the
Special Use Permit based upon the conclusion that the proposed use does not satisfy the fourth
general requirement in the New Hanover County Zoning Ordinance; namely, that the location and
character of the proposed use will not 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.
Mr. Kingrey stated that the area in which the single-wide mobile home is to be located is
zoned commercial and there are existing mobile homes; therefore, the use should not devalue
surrounding properties. He also disagreed with statements made generalizing that all rented mobile
homes are not well maintained.
Chairman Davis called for a vote on the motion.
Upon vote, the MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition.
A copy of an order denying the Special Use Permit is hereby incorporated as a part of the
minutes and is contained in SUP Book III, Page 14.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ARTICLE IX,
DESIGN STANDARDS AND REGULATIONS FOR SIGNS (A-311, 07/01)
Chairman Davis opened the Public Hearing.
Planning Director Dexter Hayes advised that the proposed text amendment incorporates the
language that the Unified Development Ordinance Oversight Committee agreed upon during their
review of Design Standards and Regulations for Signs in the current City and County Zoning
Ordinances. As result of this review, several changes have been made which affect the number of
signs permitted, the size of the signs and the height of the signs. The requirements for signs permitted
in commercial districts are: one primary free standing sign per premises is permitted, and one auxiliary
freestanding sign for property having in excess of 100 linear feet of frontage is permitted. The area
of the primary sign ranges from 35 to 175 square feet, and the area of an auxiliary sign may be 50%
of the primary freestanding sign. The height of the primary sign ranges from 12 to 30 feet, and the
height of the auxiliary sign ranges from 10 to 20 feet. The area and height of the sign is based on the
zoning district, the street frontage, and the number of lanes in the street. Additional requirements
were also added for offsite real estate signs, subdivision entrance signs, and window signs. One
objective of the sign regulations is to protect the public welfare and to enhance the appearance and
economic value of the landscape. Staff recommends adoption of the sign regulations with the added
provision for Carolina Beach Road.
At the Planning Board meeting held on July 12, the Planning Board voted unanimously to
recommend approval of the sign regulations with additional restrictions for signs along Carolina
Beach Road in accordance with the freestanding sign restrictions of the SHOD at a maximum height
of 6 feet and maximum size of 150 square feet. On July 25, 2001, the additional restrictions for
Carolina Beach Road were presented to UDO Oversight Committee and the group agreed with the
recommendation.
Commissioner Caster referenced a conversation held at the Staff Meeting on Thursday, and
requested an explanation of how existing signs would be grandfathered in under the new regulations.
Planning Director Hayes responded that the amortization schedule used by the City would be
applied, which allows a period of 10 years for non-conforming signs to comply to the new
regulations.
Vice-Chairman Greer referenced the existing County Zoning Ordinance and suggested
amending this section because the time schedule for non-complying signs ranges from 30 days to 5-
1/2 years to 10 years, depending on the type of sign. He requested the Planning Staff to review the
existing regulations and develop a better policy to address non-conforming signs.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 708
Planning Director Hayes advised that he would be glad to the review the existing ordinance
and better define or clarify this section.
Chairman Davis asked if any one from the public would like to comment.
Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman to approve the
new sign ordinance including the additional restrictions for signs along Carolina Beach Road as
recommended by the Planning Board and approved by the Unified Development Ordinance Oversight
Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4.
PUBLIC HEARING TO CONSIDER A REQUEST FROM CAROLINA POWER & LIGHT
COMPANY (CP&L) FOR A SPECIAL USE PERMIT TO EXPAND AN ELECTRICAL
SUBSTATION IN AN R-15RESIDENTIAL ZONING DISTRICT LOCATED AT 4600 BLUE
CLAY ROAD (S-478; 07/01)
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:
Dexter Hayes
Robert Pitts
Ray Davis
Wade Pope
Planning Director Dexter Hayes presented slides showing the location of the CP&L
Substation and reported that after hearing from two CP&L representatives, the Planning Board voted
to recommend approval of the Special Use Permit with the condition that an additional row of Wax
Myrtle plants be added along the right-of-way. He advised that the petitioner had revised the site plan
to meet this condition.
Chairman Davis asked Planning Director Hayes if the proposed request was consistent with
the Land Use Plan.
Planning Director Hayes responded that the use was consistent with the Land Use Plan.
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:
B.The site is served by the Castle Hayne Volunteer Fire Department.
B. An electrical substation has existed in this location since the 1950's.
C. The area will be fenced with controlled access.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 709
A. The property is zoned R-15 Residential. Electrical sub-stations are permitted by
Special Use Permit in the R-15 zoning district.
B. The property falls within the I-40 Special Highway Overlay District. However,
utilities are exempt from the SHOD restrictions.
C. The proposed improvements meet the required setbacks of the R-15 district.
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. The project area is approximately 9.34 acres located in the upper north side of the 46-
acre CP&L property. The proposed disturbance associated with construction of the
new facility is 3.5 acres.
B. The existing sub-station is 170' X 140' or approximately ½ an acre. The proposed
expansion will be approximately 200' X 235' or approximately 1.0 acre.
C. No evidence has been presented to indicate that the expansion will decrease property
values.
D. As a result of the growth in this region, demand for electric services has increased.
Providing electric service to the region is a public necessity.
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. The subject property is located in the Resource Protection Land Classification. The
petitioner has stated that the expansion will not disturb any Threatened and
Endangered Species habitat, and there will be minimal wetland disturbance.
B. A professional environmental service has conducted a review of the site characteristics
and has identified two wetland areas and one area that potentially provides the
required habitat for two threatened or endangered herbal species. Although further
review of the site will be necessary to confirm the existence of any threatened or
endangered species, the petitioner indicates that these threatened and endangered
species areas will not be disturbed.
C. Although there are some residential homes nearby, this area of the county continues
to have a rural character.
Planning Director Hayes noted that Staff felt the existing vegetation on the site should be
disturbed as little as possible to provide buffering to adjacent properties. He advised that CP&L has
agreed to provide additional buffering along Blue Clay Road and has modified the plan to include
another row of screening.
Chairman Davis asked if the additional buffering addressed the concerns of Staff.
Planning Director Hayes responded that Staff was satisfied with the additional buffering to
protect adjacent properties.
Chairman Davis asked if the petitioner would like to speak.
Mr. Ray Davis, Manager of the Eastern Transmission Area of CP&L, advised that the purpose
of expanding the electrical substation was because of the need to repair the existing wooden facility.
When evaluating the cost of repairs, it was determined that the substation should be upgraded to
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 710
increase electrical capacity in the area and provide greater flexibility in responding to outages and
equipment problems. Other improvements will be made on distribution voltage to provide improved
power quality to the area.
Mr. Ray Pitts, CP&L Project Manager, referenced the findings presented by the Planning
Director and stated that a 7-foot fence will be erected with danger signs paced on the locked fence,
and additional landscaping will be provided as requested by the Planning Staff. All County
engineering permits have been received, environmental permits have been received, and the site has
been processed through the wetland restoration program with the 404 Corps of Engineers permit
received. The site has been used 50 years for the same purpose, and expansion of the existing facility
will allow CP&L to better serve the surrounding area. The expansion should not negatively impact
the value of adjacent properties, and the additional screening should protect adjacent residential
properties.
Mr. Wade Pope, a resident of 4311 Parmele Road, Castle Hayne, N. C., advised that he was
not opposed to expansion of the substation but stated that slides presented by the Planning Director
did not show the area that has been used for years to store old power poles and equipment. Mr. Pope
stated that he and his brother own an adjacent piece of property. He requested the Board to be sure
that sufficient buffering is required to protect this storage area from sight so adjacent properties in
the R-15 District will be better protected.
Chairman Davis asked Mr. Pitts if CP&L would be willing to work with Mr. Pope to provide
sufficient buffering to address this concern.
Mr. Pitts responded that he would be glad to work with Mr. Pope.
Mr. Pope requested the Board to require the necessary buffering as part of the approval
process so he can contact the Commissioners if the buffer is not satisfactorily installed or planted.
Vice-Chairman Greer assured Mr. Pope that if the Special Use Permit is granted with the
required buffering, CP&L will have to install the buffering. If this requirement is violated, the Board
can require CP&L to provide the buffering or cancel the Special Use Permit.
Vice-Chairman Greer asked Mr. Davis if poles are stored on the site.
Mr. Davis responded that poles are stored on the site, but the quantity should be reduced.
During normal conditions, approximately 50 poles are stored on the property; however during
hurricanes approximately 100 poles are stored to replace downed power lines and poles.
Vice-Chairman Greer asked if a reasonable limit could be placed on the number of poles
stored on the site.
Mr. Davis responded that he would rather provide a suitable buffer.
Mr. Pope also noted that he would prefer a suitable buffer.
Vice-Chairman Greer asked what would be a sufficient buffer.
Mr. Pitts advised that two rows of plants will be placed along Blue Clay Road, one row of
Crepe Myrtle at a height of 8 feet and one row of staggered Wax Myrtle behind the Crepe Myrtle at
a height of 4 feet when planted. Both the Wax Myrtle and Crepe Myrtle grow to a height of 12 to
15 feet. Mr. Pitts informed Mr. Pope that he would be glad to meet with him to discuss the storage
yard.
Vice-Chairman Greer asked if another entrance was planned for the substation.
Mr. Pitts responded that another entrance was added from the substation to Blue Clay Road.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 711
He explained that currently there are two substations with only one entrance which will not be
adequate for the expanded facility.
Mr. Pope again emphasized the importance requiring a sufficient buffer to cover the storage
area.
Mr. Pitts advised the CP&L would be willing to commit to the standard buffer required in R-
15 Zoning, which is the two rows of screening plus the additional one row requested by the Planning
Board.
Vice-Chairman Greer asked if a buffer could be required at the end of Parmele Road where
it connects to Blue Clay Road.
Planning Director Hayes explained that the Zoning Ordinance requires the pole storage area
to be protected from off the property.
Vice-Chairman Greer asked Mr. Pope if he would be comfortable with the requirement in the
Zoning Ordinance as stated by Planning Director Hayes.
Mr. Pope agreed to the requirement.
There being no further comments, Chairman Davis closed the Public Hearing.
Chairman Davis called for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant a Special
Use Permit to allow Carolina Power & Light Company to expand the electrical substation located at
4600 Blue Clay Road subject to a three- row planted buffer and storage buffering required under R-
15 zoning 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 UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 14.
SECOND READING OF ORDINANCE CHANGES TO CHAPTER 53 OF THE NEW
HANOVER COUNTY CODE REGARDING VEHICLES IN DUNE AREAS AND GLASS
CONTAINERS IN DUNE AREAS
Chairman Davis reported that this was the second reading of an ordinance regarding vehicles
in dune areas and the first reading of a glass container ordinance in dune areas. He requested
Assistant County Attorney Holt Moore to comment on the ordinances.
Assistant County Attorney Moore referenced the Vehicle Ordinance and advised that the
changes requested by the Board at the July 9, 2001 meeting had been made. He also referenced the
glass container ordinance and suggested changing the language to read that “glass containers shall
not be allowed on the dune area as defined in Section 53-31 of the vehicle ordinance” to create
consistency between two ordinances.
Chairman Davis asked if any members of the Board would like to comment on the ordinances.
Vice-Chairman Greer referenced Section 53-34(3), which states that you cannot drive on
private property without written permission from the property owner, and he asked if this was too
restrictive. For example, if a person visited a friend on Figure Eight Island and the property owner
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 712
has a driveway 750 feet from the beach, would that person be in violation of the ordinance.
Assistant County Attorney Moore responded that Vice-Chairman Greer had presented a good
point.
Mr. Ray Rothrock, Mayor of Carolina Beach, stated that the only the unincorporated areas
of the County were the northern end of Carolina Beach, Masonboro Island, and possibly the northern
end of Wrightsville Beach. He advised that the State of North Carolina controls the southern end of
the beach from Ft. Fisher to the rocks.
Consensus:
After discussion, it was the consensus of the Board to remove the word, “written” from
the vehicle ordinance.
Chairman Davis asked if anyone from the public would like to comment. The following
remarks were received:
Mr. Chuck Carter, a resident of 212 Raleigh Avenue, Carolina Beach, N. C., expressed
concern for the lack of information given to the Board to understand how the northern end of
Carolina Beach was used. He expressed concern for Section 53-34(4) and stated that he understood
the need to prohibit trailers; however, some type of arrangement should be placed in the ordinance
for special events, such as fishing tournaments. These tournaments generate revenue for Carolina
Beach and the fishermen should be able to bring trailers to carry the necessary equipment. He also
suggested allowing camping, but not on or in between the dunes within a designated number of feet
from the high water line.
In concluding his remarks, Mr. Carter complimented Sergeant John Murray for the excellent
manner in which he has enforced existing regulations. He expressed concern for this area being
overly regulated when people in the community are beginning to pick up trash and care about the
dunes.
Mr. Bobby McConville, a resident of 110 Sugar Loaf Court, Carolina Beach, N. C., spoke
on spending a great deal of time at the northern end of the beach and stated that all-terrain vehicles
should be banned; however, he felt people should be able to bring pop-up trailers which do not
damage the beach. In closing Mr. McConville complimented Sergeant John Murray for his dedicated
effort to enforce regulations that have truly provided a safer use of this area.
Mr. Greg Boswell, a resident of 3421 Lynn Avenue, Castle Hayne, N. C., presented a petition
to the Clerk to the Board, which was marked as Exhibit I for entry into the record. He spoke on
camping on the beach for his entire life and stated he carried his family to the beach and used a pop-
up trailer. He requested the Board to allow pop-up trailers on this area of the beach.
Chairman Davis referenced the comments received and asked Sergeant Murray if he felt it was
necessary to adopt the ordinances that have been presented.
Sergeant Murray responded that he felt the proposed ordinances would provide for protecting
the public safety of persons using the beach and at the same time protect the dunes and beach areas.
He explained that the regulation regarding trailers was suggested because two individuals were
bringing camper trailers that were severely damaging the beach and dune areas. He also noted that
problems have been experienced with jet-ski trailers and utility trailers being driven above the current
25 mph speed limit that needs to be reduced to 15 mph as proposed in the vehicle ordinance. With
the nourishment of the dunes, the proposed regulations are needed to protect this area and allow use
of the beach in a safe manner to avoid severe accidents.
Commissioner Caster spoke on the need to have regulations in place and requested the Board
to support both ordinances to allow Sergeant Murray to better enforce the area. When preparing the
ordinances, discussion was held on the fact that actions by a few people carelessly abusing this area
causes everybody to suffer. This area is private property owned by 25 different heirs which has made
it difficult to manage and enforce regulations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 713
After a lengthy discussion on trailers, Vice-Chairman Greer suggested changing Section 53-34
(4) to read as follows to avoid eliminating travel trailers by saying that a motor vehicles weighing less
than 5,000 pounds, except that no all-terrain vehicles (ATVs), motor homes or personal water craft
trailers shall be allowed.
Sergeant Murray expressed concern for not eliminating full-sized camper trailers that are
pulled on mobile home axles with large tires that damage the beach areas. These trailers have
portable toilets inside and no one knows where the waste is disposed. He suggested prohibiting the
use of these trailers.
A lengthy discussion followed on how to handle special events. Sergeant Murray advised that
due to the number of vehicles on this area of the beach, these events need to be regulated through
some type of permitting process. He also noted on special holidays such as the Independence Day
and Memorial Day, there are as many as 1,500 vehicles on the northern end of the beach with only
two deputies for enforcement.
Mayor Rothrock spoke on circulating the proposed ordinances to the Carolina Beach Town
Council and stated that Council Members were supportive of the regulations. He stated that motor
homes, travel trailers, and camping trailers were not needed because the northern end of the beach
is not a recreational vehicle park. This is private property that everyone would like to enjoy. He also
noted that watercraft trailers travel at a high speed on the beach creating a safety problem. If trailers
are not prohibited, people will continue to launch boats from the inlet bank which creates erosion of
the inlet. In addressing special events, the County should consider authorizing the County Manager
to issue a permit for fishing tournaments and other events.
In concluding his remarks, Mayor Rothrock expressed appreciation to the Board of County
Commissioners for allowing the beach to provide input and stated that members of the Town Council
do not feel that the northern end of Carolina Beach should be used as a recreational vehicle park. He
also spoke on the misconception about the amount of revenue generated for the Town of Carolina
Beach from fishing tournaments and stated that people using this area are day trippers who bring their
own drinks and food without spending much money. These people are welcome, but the regulations
are needed to better manage the northern end of the beach.
Further discussion was held on requiring a permit for special events. County Attorney Copley
suggested including language in the ordinance that will authorize the County Manager to issue a
permit for a special event.
Commissioner Caster requested Staff to prepare a recommendation to develop some type of
permitting process for special events held at the northern end of Carolina Beach and present it to the
Board at a later date.
Chairman Davis called for a motion on the ordinance entitled Traffic and Vehicles.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the
amended ordinance regarding traffic and vehicles on the dune areas in New Hanover County with
amending 53-34(3) to read as follows:
(3) if on private property, with permission of the owner of the property.
Upon vote, the MOTION CARRIED UNANIMOUSLY upon the second reading.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4. The ordinance will be codified into the New Hanover County Code.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to adopt the Glass
Containers Ordinance with an amendment to Section 1 to read as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 714
1. Glass containers shall not be allowed on the dune areas as defined in Section 53-31
of the County Code.
Upon vote, the MOTION CARRIED UNANIMOUSLY upon the first reading.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4. The ordinance will be codified into the New Hanover County Code.
MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 9:50 P.M. to hold a regular meeting of
the New Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 10:10 P.M.
CONSIDERATION OF TECHNICAL CORRECTIONS TO THE NEW HANOVER
COUNTY CODE
Deputy County Attorney Kemp P. Burpeau advised that in order to update and clarify
portions of the New Hanover County Code addressing the Human Relations Commission
membership, discontinuation of sewer service, and civil penalty arrangements for tampering with the
sewer facilities, the Board was being requested to adopt an ordinance to enact the following changes:
A. Chapter 35, Human Relations, Article II, Human Relations Commission, Section
35-64, Membership: Terms:
The Human Relations Commission shall be composed of 20
members, 14 at-large members appointed by the New Hanover County Commissioners, three
members appointed by the Wilmington City Council, and one member appointed by the
Carolina Beach Town Council, one member appointed by the Kure Beach Town Council, and
one member appointed by the Wrightsville Beach Board of Aldermen.
B. Chapter 56, Utilities, Article III, Sewer System, Division 8, Enforcement, Section
56-282: Procedure for Discontinuation of Service:
At the end of the last sentence in
Subsection (a) of Chapter 56-282, amend to read as follows: If service is discontinued due
to violation of one or more of the provisions under Section 56-281, Discontinuation of
Service, the owner must correct the violation within 30 days of discontinuance or vacate the
premises for failure to properly maintain service with the public sanitary sewer system.
Chapter 56, Utilities, Article III, Sewer System, Division 8, Enforcement, Section 56-
285, Recovery:
Add the following sentence prior to the existing paragraph: No person shall
break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is part of the wastewater collection system or the wastewater facilities. Any
violation thereof shall subject the offender to both a civil penalty and to the recovery of the
expense as specified.
Chairman Davis asked if any member of the Board would like comment on the proposed
changes.
Chairman Davis asked if any one from the public would like to comment.
Hearing no comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt an
ordinance to amend and clarify portions of the New Hanover County Code addressing the
membership of the Human Relations Commission, discontinuation of sewer service, and civil penalty
arrangements for tampering with sewer facilities. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 4.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 715
EXTENSION OF AGREEMENT FOR PURCHASE OF INTEREST IN HUTAFF
PROPERTY FOR MASON INLET RELOCATION PROJECT
Assistance County Manager Dave Weaver advised that Attorney William A. Raney, Jr., has
requested the Commissioners to extend the County’s option to purchase the Hutaff property as part
of the Mason Inlet Relocation Project. Payment of an additional $25,000 will extend the option until
August 26, 2002. This fee is non-refundable, but the money will be applied to the full purchase price
upon closing the transaction. This request is being made because the option will expire August 26,
2001, and all permits for the Mason Inlet Relocation Project have not been received. Based upon
information provided by the Corps of Engineers, all permits should be received by the end of the year.
Staff recommends payment of the $25,000 fee with the money coming initially from the Beach
Nourishment portion of the Room Occupancy Tax Fund. Ultimately, this cost will become part of
the Project cost to be assessed to the benefitted property owners.
Commissioner Boseman asked if the property could be condemned for public purpose.
Deputy County Attorney Burpeau advised that condemnation for public purpose could be
instituted by the County; however, the a negotiated arrangement was made with most of the parties
involved. If the Board should proceed with condemnation, the County could be writing a blank check
without knowing what figure will be determined by the Court as the condemnation value. This was
the advantage of Staff working with the parties involved in negotiating an agreement.
Commissioner Boseman asked County Attorney Copley if there was any reason to fear a
condemnation action, and asked if Staff felt that the County was paying a fair market value for the
property.
County Attorney Copley responded that the Legal Department was fearful of the risk involved
with a jury awarding a larger sum of money. With the Hutaff family, the major issue was not money,
but whether they wanted to sell the land. Staff felt it was better to negotiate with the family.
Chairman Davis expressed concern about this project never becoming a reality because of the
many problems being experienced with receiving permits to proceed with the project. He stated if
the project falls through, the $1,000,000 already paid by the County will be lost. The assessment
from benefitted property owners to repay the funding removed from the Room Occupancy Tax Fund
will not be reimbursed. The County is now being asked to pay another $25,000 for a project that
should have begun a year ago.
Assistant County Manager Dave Weaver responded that he felt more confident about the
permitting action occurring in the next couple of months. The Biological Opinion from the U. S. Fish
and Wildlife Service should be issued within a few weeks, and the Corps of Engineers has agreed to
do a quick turn around on a conditional permit to move froward with the State permitting process.
Things are moving more positively for the first time in a number of months.
Chairman Davis asked why an option was needed.
Assistant County Manager Weaver explained that if the option is not renewed, the contract
would no longer be valid. This means that property negotiations will have to be started again, which
will require additional time.
Commissioner Caster stressed the importance of everyone understanding that the funding for
the project is coming from the beach nourishment part of the Room Occupancy Tax Fund and not
from the ad valorem property tax.
After hearing no further comments from the Board, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to extend the
County’s option to purchase the Hutaff property for a period of 12 months (August 26, 2002) at a
fee of $25,000 to come from the beach nourishment portion of the Room Occupancy Tax Fund.
Upon
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 716
vote, the MOTION CARRIED 3 to 2. Commissioner Boseman and Chairman Davis voted in
opposition.
APPROVAL OF INCREASE IN THE CABLE FRANCHISE FEE
Public Information Officer (PIO) Mark Boyer reported that in order to avoid use of the ad
valorem property tax to fund and operate the New Hanover County Television System, he would
recommend increasing the cable franchise fee charged to Charter Communications and to AOL-Time
Warner from 3 per cent to 5 percent. He advised that the revenue generated would cover the cost
of operation and maintenance of the television system. He also noted that a few years ago, the City
of Wilmington increased the franchise fee to 5 percent with AOL-Time Warner, and Carolina Beach
has increased the charge to 5 percent with Charter Communications.
A lengthy discussion followed on how this increase would affect cable subscribers. PIO
Boyer explained that the increase will only impact cable subscribers in the unincorporated portion of
the county since each municipality has its own franchise agreement with each cable company. The
approximate cost to be passed to the subscribers will be 75 to 80 cents per month.
Chairman Davis complimented PIO Boyer for the excellent job performed in putting together
the New Hanover County Television System. He also congratulated him for winning an award on
the film on Airlie Gardens.
PIO Boyer advised that the award received was from the N. C. Government Information
Officers Association and stated he felt this type of programming could be shown on the New Hanover
County Televison System to better inform people about county government.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt a
resolution to increase the cable franchise fee charged to Charter Communications and AOL-Time
Warner from 3 percent to 5 percent with the additional revenue being used to fund operational and
equipment costs involved with cable-casting meetings of the Board of County Commissioners. 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 XXVII, Page 4.
ADOPTION OF NEW HANOVER COUNTY BROADCAST POLICIES AND
PROCEDURES
Public Information Officer Mark Boyer referenced the New Hanover County Broadcast
Policies and Procedures presented in the agenda packet and stated that in order to cablecast
government-related programing of interest to a countywide audience, a policy should be in place.
He requested the Board to consider adopting the amended policy as discussed at the Staff meeting.
Vice-Chairman Greer referenced Page 58 where it states that only material submitted and
produced by County departments will be broadcast on New Hanover County TV, and Page 61 which
states that County government, other governmental entities and approved agencies may submit a
request for programming when they feel it appropriate to broadcast on the County’s government
channels, and he requested an explanation of the two statements.
PIO Boyer responded that other government entities would be the City of Wilmington,
Carolina Beach, Kure Beach, and Wrightsville Beach. He also noted that the word “submitted”
should be changed to “sponsored” on Page 58.
Commissioner Pritchett suggested changing the word “submitted” to “authorized”, and she
also recommended a change in the address of the Historic Courthouse to 24 North Third Street,
Wilmington, N. C.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the
Operational Policy with changing the address of the Historic Courthouse to 24 North Third Street,
changing the word under Section 5 to “authorized” instead of submitted, and incorporating language
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 717
to clearly define other governmental entities on Page 61. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the policy is on file in the Pubic Information Office.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda. He requested all persons to limit their remarks to three
minutes.
No items were presented.
ADDITIONAL ITEMS
Discussion of Establishing a Living Memorial Policy for New Hanover County
Commissioner Pritchett spoke on recent occasions when the Board wanted to send something
in memory of departed citizens in the community. She suggested establishing a Living Memorial
Policy to remember departed citizens through the New Hanover County Tree Program started by
Keep America Beautiful a few years ago. Instead of sending flowers, a donation can be made to plant
a tree on the “Walk of Remembrance” in a New Hanover County Park as a living memorial. She
advised that several trees are in the Walk of Remembrance in Ogden Park, and a ceremony is held
on Arbor Day in honor of these memorials at the Walk of Remembrance.
Commissioner Davis asked if the Board would automatically plant a tree or should this be an
option.
Commissioner Pritchett responded that planting a living memorial would be her choice, but
the Board could have an option.
Commissioner Caster asked who would pay for the tree.
Commissioner Pritchett responded that funds are in the budget for the County Commissioners.
County Manager O’Neal advised that for a number of years, flowers have been sent to the
family by the County Commissioners office. This would be a living memorial that would add trees
to County Parks.
Consensus:
After further discussion, it was the consensus of the Board to direct the Staff to prepare
a Living Memorial Policy.
Discussion of Persons Parking in Reserved Spaces in the County Parking Lot
Commissioner Pritchett expressed concern for people parking in reserved spaces in the
County Parking Lot. She suggested erecting a “Towing Enforced” sign to provide better
enforcement by the Parking Attendant.
County Attorney Copley suggested erecting a Towing Enforced sign or a sign reserving the
parking space for 24 hours.
Deputy County Manager Atkinson expressed concern for public relations with towing cars
away and suggested reserving the parking space from 7:00 A.M. until 7:00 P.M.
After further discussion, County Manager O’Neal stated that Staff will post signs reserving
the parking spaces from 7:00 A.M. until 7:00 P.M. to see if this will alleviate the problem.
Discussion of Recognizing Jim Goodnight
Vice-Chairman Greer requested the Board to consider recognizing Jim Goodnight who is a
former resident of New Hanover County and President of large company in Raleigh, North Carolina.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 718
He commented on recognizing ball players and other people and stated that Mr. Goodnight should
be recognized in some manner.
After further discussion, the County Manager was requested to check into some form of
recognition for Mr. Jim Goodnight.
Announcement of Work Shop Sponsored by the Rural Center
Chairman Davis announced that an invitation had been received from the Rural Center about
sponsoring a Work Shop on Tuesday, August 14, 2001, concerning the Clean Water Bond
Application that is due September 28, 2001. He stated that he would not be able to attend, and he
requested any Commissioner planning to attend to notify the Rural Center.
Agenda Items for August 20, 2001
Chairman Davis requested the County Manager to place the following items on the agenda
for August 20, 2001.
•Discussion of lowering the current tax rate by the $956,000 received from the State for
intangibles and inventory taxes during the last fiscal year.
• Consideration of a request by Cape Fear Community College to use bond earnings on 1994
and 1997 bond issues for use of projects earmarked in lieu of payment of debt service.
•Consideration of one-cent local option sales tax that originally was to be jointly signed by the
Chairman of the Board of County Commissioners and Board of Education. Since the Board
of Education forwarded its own resolution, the Commissioners should adopt a resolution on
behalf of the County.
County Manager O’Neal expressed concern for changing the tax rate because this action will
delay mailing tax bills. He also explained that the $956,000 received from the State was a
reimbursement for intangibles and inventory taxes that should have been received in the last fiscal
year. With the current budget constraints, this money should be rolled over to the current fiscal year.
Commissioner Caster stated that it was difficult to believe that Beverly Purdue, James Black,
and Governor Mike Easley would sign a bill that has the potential to stop 100 counties from mailing
tax bills that will cause a loss of revenue.
Chairman Davis directed County Manager O’Neal to place this item on the agenda and
provide the necessary data to inform the members of the Board and public why the $956,000 cannot
be used to reduce the tax rate for FY 2001-2002.
Vice-Chairman Greer commented on budgeting expenditures and revenues and stated at the
end of the year, if expenditures exceed revenues, the County has to use the Fund Balance (its savings
account) to make up the difference. New Hanover County has an excellent bond rating and it is
important to maintain a good fund balance in order to borrow money at a lower interest rate. Last
year, this $956,000 was not received and it had to be removed from the Fund Balance; therefore the
$956,000 should be returned to the Fund Balance.
Commissioner Caster stated that if the County spent $1,000,000 less last year through cutting
items and then received the $956,000, this would be considered a windfall and the taxpayers should
be given a tax break. However, if the $956,000 was actually removed from the Fund Balance, this
would be a different situation.
Deputy County Manager Atkinson responded that the Fund Balance was used to make up for
the $956,000 difference.
In concluding the discussion, County Manager O’Neal responded that the following items
would be placed on the August 20, 2001 agenda: (1) Reduction of Tax Rate for FY 2001-2002 by
the $956,0000 received for intangibles and the inventory taxes; (2) consideration of allowing Cape
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 719
Fear Community College to use unbudgeted interest earnings on the 1994 and 1997 bond issues for
capital projects; and (3) consideration of a one-cent local option sales tax for New Hanover County.
Discussion on Receiving a Status Report on the Federal Point Fire Station
Commissioner Caster commented on the recent report from the Board of Fire Commissioners
and he requested an update on the Federal Point Fire Station.
Commissioner Pritchett agreed and stated that due to delay in construction because of
modifications to bring the new Federal Point Fire Station within the projected budget, the Fire Service
is having to rent the old building from Carolina Beach.
County Manager O’Neal advised that he would have a status report on the Federal Point Fire
Station at a morning meeting.
Discussion of Scheduling a Meeting with the New Hanover Regional Medical Center Board
of Trustees
Chairman Caster requested County Manager O’Neal to coordinate a convenient time to hold
a meeting with the Medical Center Board of Trustees to discuss current activities of the hospital. He
advised that Dr. Atkinson would like to hold a meeting and tour of the hospital followed by dinner.
County Manager O’Neal responded that he would be glad to work on a convenient date.
Discussion of Final Report on the Consolidation Study
Commissioner Boseman stated that a meeting was scheduled with the City Council on
Wednesday, August 29, 2001 and she asked when the Commissioners would receive the final report
from Dr. Leland. She stressed the importance of receiving the report in advance of the joint meeting.
County Manager O’Neal responded that he would check with the City Manager and notify
the Board when the report will be received.
Discussion of Overtime for the Sheriff’s Department
Commissioner Boseman expressed concern for the amount of overtime at the Sheriff’s
Department and stated that she understands if this continues, the Department will be in financial
trouble by the end of the year.
County Manager O’Neal responded that time has been spent with the Administrative Staff at
the Sheriff’s Department and all persons have been informed that overtime figures cannot be
exceeded. He advised this item would be discussed with the Management Team and a report will be
forwarded to the Board.
Discussion of Health Benefits for Former Commissioners
Commissioner Boseman expressed surprise to find out about medical insurance benefits
approved on the Consent Agenda for former County Commissioners. She strongly objected to
taxpayers paying 50% of her health insurance for 30 years and stated that serving as a County
Commissioner is a honor and the position should not be used for personal gain.
Motion:
Commissioner Boseman MOVED to eliminate Article IX, Section 1-B(2) of the Personnel
Policy.
Chairman Davis informed Commissioner Boseman that Commissioner Pritchett had already
requested discussion of this matter on the next agenda.
After discussion, the Board agreed to place this item on the agenda for August 20, 2001, and
no further action was taken.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 6, 2001 PAGE 720
Report of Settlement Agreement in the Young vs Sheriff McQueen Lawsuit for Entry into the
Minutes
County Attorney Copley reported for entry into the record, a settlement in the amount of
$90,000 has been reached in the Young vs Sheriff McQueen lawsuit. This settlement was reached
at the recommendation of the insurance company and the County’s deductible was $10,000.
Report on Actions of the General Assembly
Deputy County Manager Atkinson reported that nothing was happening in the General
Assembly and stated that according to Mr. Ed Reagan, Deputy Director of the N. C. Association of
County Commissioners, it was felt that the budget would not be adopted until after the Labor Day
recess.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 11:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board