1998-02-16 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 324
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 16, 1998, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse,
24 North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell;
Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew J. Atkinson, gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
Mr. Jim Medlin, representing the New Hanover Communities Coalition, reported in March
1997, the Board of County Commissioners adopted a resolution regarding the need to amend the
State Annexation Law. A recommendation in the resolution was to request the N. C. General
Assembly to appoint a committee to study the law. The Coalition appeared before the Annexation
Committee last Thursday, and during the meeting, the Mayor of Winston-Salem and the Mayor of
Thomasville spoke in opposition to the current annexation law and recommended changing the law
to provide more input from the citizens being annexed. Also, the N. C. League of Municipalities
indicated that some changes would be acceptable. The Coalition was requested to attend the next
committee meeting scheduled on March 4, 1998. Hopefully, the Annexation Committee will see the
need to change the current annexation law and make this recommendation to the General Assembly.
In closing, Mr. Medlin passed out a copy of the booklet that was presented to the committee,
and he requested the Commissioners to read the report. He, also, advised that the lawsuit challenging
the City of Wilmington’s Phase I annexation had been placed on the docket for the N. C. Supreme
Court to decide if the case should be heard. Appreciation was expressed to the Board for allowing
the Coalition to present the status report.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Consent Agenda 12 for further discussion.
Chairman Caster requested the Clerk to listen to the tape to see if he made the following
remarks, and if so, to include the comments into the record: (1) a statement noting that if the
Northeast Branch Library Fund Raising Committee did not raise the $1 million for the project, he
would recommend revisiting this issue; and (2) reflect that Commissioner Howell attended the
Progressive Transportation Service reception when a Certificate of Appreciation was presented to
Ms. Patricia Melvin.
The Clerk to the Board advised she would be glad to check the tape and make the necessary
changes.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to remove
Consent Agenda Item 12 for further discussion, approve the minutes as corrected, and approve the
remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 325
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meetings of January 20, 1998 and
February 2, 1998 as presented and corrected by the Clerk to the Board.
Acceptance of FEMA Disaster Resistant Community Grant Awarded to New Hanover County
to Assist in the Disaster Resistant Community Initiative and Approval of Associated Budget
Amendment #98-0119
The Commissioners accepted the FEMA Disaster Resistant Community grant award in the
amount of $442,000 and approved the associated budget amendment. The funds will be used to
conduct engineering studies and retro-fit a number of schools to provide for a safer shelter
environment and help reduce the cost of damages to buildings under numerous disaster scenarios.
Budget Amendment #98-0119 - Project Impact
DebitCredit
Project Impact
FEMA-Disaster Resistant Community Grant $442,000
Contract Services $442,000
Purpose:
To budget grant awarded to New Hanover County to assist in the Disaster Resistant
Community Initiative.
Adoption of Resolution to Award Bid #98-0237 and Approval of Contract #98-0237 to
Purchase a Modular Building to be Used by the Alternative Education Program
The Commissioners adopted a resolution to award the bid to Modular Technologies, Inc., the
lowest responsible bidder, in the amount of $91,364 to purchase a modular building to be used by the
Alternative Education Program. The program will be administered by the Community Boys and Girls
Club, and funding from the Governor’s Crime Commission grant will be used to purchase the modular
building with no county match. The Chairman was authorized to execute the necessary contract
documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 16.
A copy of the contract is on file in the Legal Department.
Authorization for the Parks Department to File a Grant Application to the North Carolina
Parks and Recreation Trust Fund for Development of Facilities at Ogden Park
The Commissioners authorized the Parks Department to file a grant application to the North
Carolina Parks and Recreation Trust Fund in the amount of $250,000 contingent upon the County
match not to exceed $25,000. If the grant is awarded, the funds will be used for the development of
facilities at Ogden Park. The Chairman was authorized to execute the grant application, and the
County Manager was authorized to accept the grant, if awarded, and approve the related budget
amendment.
Adoption of Resolution to Award Bid #98-0217 to PCS Sales for NOxOUT Reagent for the
WASTEC Facility - Environmental Management Department
The Commissioners adopted a resolution awarding the contract to PCS Sales to purchase
NOxOUT Reagent for the WASTEC Facility at the per gallon price quoted with an estimated cost
of $57,000 for the first year. The Chairman was authorized to execute the necessary contract
documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 16.
A copy of the contract is on file in the Legal Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 326
Adoption of Capital Project Ordinance for New Hanover County Schools and Approval of
Associated Budget Amendment #98-31
The Commissioners adopted a Capital Project Ordinance and approved the associated budget
amendment to establish the capital project budget for the $125 million bond referendum for New
Hanover County Schools.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXIV, Page 16.
Budget Amendment #98-31 - New Hanover County Schools
Debit Credit
New Hanover County Schools $125 Million Capital Project
Bond Proceeds$125,000,000
Capital Project Expense$125,000,000
Purpose:
To establish project budget according to Capital Project Ordinance.
Adoption of Capital Project Ordinance for Cape Fear Community College and Approval of
Associated Budget Amendment #98-30
The Commissioners adopted the Capital Project Ordinance and approved the associated
budget amendment to establish the budget for the $38.3 million bond referendum for Cape Fear
Community College.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit XXIV, Page 16.
Budget Amendment #98-30 - Cape Fear Community College
DebitCredit
CFCC $38.3 Million Capital Project
Bond Proceeds $38,300,000
Capital Project Expense $38,300,000
Purpose:
To establish budget according to Capital Project Ordinance.
Adoption of Resolution to Add Northeast Avenue to the State Highway System
The Commissioners adopted a resolution to add Northeast Avenue to the State Highway
System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 16.
Release of Taxes Barred by NCGS 105-378 - Tax Department
The Commissioners approved the release of the following 1987 charges pursuant to NCGS
105-378, which does not allow force collection of taxes after ten years from the due date:
New Hanover County$122,797.75
Fire District 3,281.42
City of Wilmington 53,193.76
Wrightsville Beach 2,555.47
Carolina Beach 4,390.37
Kure Beach 943.24
Total$187,162.01
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 327
Release of Value - Tax Department
The Commissioners granted the following taxpayer the Senior Citizen/Disability Exclusion.
The application and letter explaining late filing are available upon request in the Tax Department.
Johnson, Greta B.$20,000
Acceptance of Tax Collection Reports Through January 31, 1998
The Commissioners accepted the New Hanover County and New Hanover County Fire
District Tax Collection Reports through January 31, 1998, as presented by the Collector of Revenue,
Patricia J. Raynor.
Copies of the reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXIV, Page 16.
Appointments to the Home and Community Care Block Grant Committee
The Commissioners appointed Reverend H. H. Parker and Nellie Parker to serve on the Home
and Community Care Block Grant Committee as recommended by the Director of Aging, Annette
Crumpton.
Approval of Budget Amendment #98-0111 - Human Services Transportation
DebitCredit
Human Services Transportation
Trans. Asst. (Elderly/Disabled) $26,389
Elderly$10,556
Disabled$15,833
Purpose:
To increase budget for additional Elderly/Disabled assistance funds awarded to New
Hanover County.
Approval of Budget Amendment #98-0120 - Health/Family Planning - Health Department
DebitCredit
Health/Family Planning
State Grant - Temporary Aid $28,374
to Needy families
Temporary Salaries $ 4,017
Advertising 500
Departmental Supplies 22,857
Capital Outlay - Equipment 1,000
Purpose:
To budget State grant (Temporary Assistance to Needy Families) to reduce the number of
out-of-wedlock births.
Approval of Budget Amendment #98-0121 - Emergency Management
DebitCredit
Emergency Management
FEMA-Disaster Resistant Community $25,000
(Mitigation Summit)
Contracted Services$25,000
Purpose:
To increase budget for additional funds received for the Mitigation Summit held in
December, 1997.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 328
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 12, AUTHORIZATION
FOR THE COLLECTOR OF REVENUE TO ADVERTISE TAX LIENS ON REAL
PROPERTY
Vice-Chairman Greer requested the County Manager to see if the Tax Administrator could
advertise on March 10 instead of March 11 to save money on the cost of advertising.
County Manager O’Neal advised he would check with the Tax Administrator to be sure the
date could be changed to March 10, 1998.
Motion:
After discussion of 1997 real estate accounts having to be paid by 5:00 P.M. on March 3,
1998, in order to avoid being listed in the advertisement, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Birzenieks to authorize the Tax Administrator to publish tax liens on
real property pursuant to NCGS 105-369 on March 10, 1998, if possible, so money can be saved on
the cost of publication. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES
Chairman Caster, on behalf of the Board, presented retirement plaques and expressed
appreciation to each of the following County employees for their years of dedicated service to New
Hanover County:
Anthony Hobbs, Inspections Department22 years and 9 months
Richard Gerrish, Department of Social Services28 years and 8 months
Robert Smith, Property Management16 years and 2 months
Ralph Shaw, Inspections Department20 years and 9 months
A round of applause was given to the retired employees.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Lora L. Howard, Department of Social Services5 years
Harriet C. Page, Department of Social Services5 years
Michele V. Surratt, Department of Social Services5 years
Regina D. Randall, Health Department5 years
Mildred G. Webb - Property Management10 years
Patricia B. Wright - Environmental Management20 years
Frank Demeter, Department of Social Services25 years
Chairman Caster, on behalf of the Board, presented service awards and expressed appreciation
to each County employee for their years of service.
A round of applause was given to the County employees.
PRESENTATION ON PROPOSAL TO STUDY THE NEED FOR A MUSIC
PERFORMANCE CENTER IN DOWNTOWN WILMINGTON
Mr. Don Fishero, presented an extract of documents that would be discussed, and reported
when the St. John’s Museum of Art announced its plans to relocate, an opportunity was created for
the City of Wilmington to establish a Community Arts Committee to study the needs of the arts
community. The results of the study were as follows:
(1)Improve the Greenfield Lake Amphitheatre
(2)Improve the Community Arts Center at Second and Orange Streets
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 329
(3)Create an arts presence on North Fourth Street with renovation of St. Andrews
Church and fitness center.
(4)Create a music performance center in the downtown area.
The report was accepted by the Wilmington City Council, and the same recommendations
were presented in the Wilmington Downtown Plan: Vision 2020. Currently, the City is pursuing a
grant in the amount of $250,000 to refurbish the Greenfield Lake Amphitheatre. A new heating and
cooling system has been installed in the Community Arts Center, and this facility is in full use. The
Historic Wilmington Foundation is working with the City on a project to stabilize the church on
North Fourth Street. The construction of a music performance center has not been addressed.
A group of concerned citizens has formed a committee to pursue the feasibility of a music
performance center. After meeting twice, the committee decided to hold an open workshop in May
with qualified professionals conducting the workshop to guide the group in the initial planning stages.
The questions that need to be answered are as follows:
(1) Should the center be only for music?
(2) Should the center be for music and dance?
(3) Is the community ready for a music performance center?
(4) Is the time right, or should this idea be considered in the year 2000?
A grant of $50,000 has been requested from the N. C. Department of Cultural Resources,
and notification of the grant award should be received in the near future. The availability of money
will determine how far the feasibility study can be professionally pursued. The members of the
committee have contributed to sponsoring the workshop, and it appears that sufficient funds will be
received.
Chairman Caster asked how the $50,000 grant from the N. C. Department of Cultural
Resources would be used?
Mr. Fishero responded the grant funds would be used to pay for qualified professionals to
assist with the feasibility study up through the solicitation of bids for an architect and provide
instructions for holding a fund raising campaign.
In closing, Mr. Fishero stated the letter was not forwarded to the Board of County
Commissioners to request a $200 contribution to sponsor the workshop. The letter was sent to
involve the Commissioners from the start so valuable input can be received from the Board. The
project must be supported by the total community. If the community is not ready for a music
performance center, the committee will accept this response.
Commissioner Davis inquired as to how the members were selected to serve on the
committee?
Mr. Fishero responded there was no particular selection process; however, it was found that
a number of people had an interest in the development of a music performance center. He advised
the Arts Council of the Lower Cape Fear would serve as the fiscal agent because the committee was
not organized under the 501.3C status; therefore, any funds or grants received will be issued to the
Arts Council and retained in a restricted fund to be disbursed only for the music performance center
project.
Commissioner Birzenieks inquired as to whether any thought had been given to the size of
the music performance center?
Mr. Fishero advised that he serves as a trustee on the North Carolina Symphony Board.
Currently, the Board is involved with constructing a music performance center in Raleigh that will
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 330
be comprised of 1,800 seats. A concert hall traditionally contains 1,600 to 2,000 seats in order to
provide the acoustics needed for music. It is felt that a 2,000 seat music hall can be constructed in
Wilmington for $12,000,000. The exact size of the center will be addressed in the feasibility study.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis , to contribute
$200 to the Arts Council of the Lower Cape Fear to sponsor the workshop in May to assess the
needs for a music performance center. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Fishero for the
informative report.
PROGRESS REPORT ON THE WILMINGTON FILM COMMISSION
Mr. George Rountree, III, Chairman of the North Carolina’s Southeast Wilmington Regional
Film Commission, reported the Regional Film Commission was under budget at this time. The
Commission has been in the process of trying to become more finite in the economic impact as to the
number of new jobs created by the film industry in Southeastern North Carolina. At the end of June
1997, the film industry had created 805 jobs. By the end of December 1997, this number increased
to 926 jobs. The firm of McColl & Associates performed an excellent job in marketing the sale of
ads for publication of the 1997-98 Film Directory. It is hoped the Commission will use the same firm
for the 1998-99 directory.
There is apprehension about the FY 1999 budget. The Wilmington Film Office needs a full
time assistant at a cost of $30,000 to $40,000 annually. Funding is available in the current budget;
however, there is no indication that the Wilmington Film Office will continue to receive money from
the N. C. General Assembly. Since 1994, the General Assembly has reduced the budget for the
Southeast Region each year with only $570,000 received in FY 1998. North Carolina’s Southeast
is spending $1,200,000 with the difference coming from a substantial credit balance that has
accumulated from prior years. At the end of this year, the credit balance will be modest.
Efforts are being made to encourage the N. C. House and N. C. Senate to more equitably fund
the various film regions. The Southeast Region is the only region receiving less than $1,000,000.
If film activities are to continue, the North Carolina’s Southeast must receive $1,000,000 of funding
annually. A white paper has been prepared to support the region.
One negative issue in the General Assembly is the fact that many of the legislators are from
Charlotte and the Research Triangle Park area. Each of these regions receives a substantial amount
of private money; therefore, the funding for these areas far exceeds $1,000,000 annually. The
Northeast Region and West Region receive more than $1,000,000 compared to the $570,000
received by the Southeast Region. The formula used for funding the film regions is gaged upon
industry recruitment. The Southeast Region has not been as successful as other parts of the state in
recruiting industry. Other components of the formula are population and the number of counties in
a region. The Southeast Region has the least population and number of counties. It is hoped that
the General Assembly will see fit to give each region a minimum of $1,000,000. If funding is received
in this amount, there will be no problem with the 1999 budget.
In closing, Mr. Rountree stated he felt the Board should be informed about the budget status
before the County prepares its 1998-99 Budget.
Chairman Caster asked if it would be appropriate for the Commissioners to write a letter to
the local legislative delegation?
Mr. Rountree recommended that each Commissioner personally contact the local legislators
to seek support for the $1,000,000 funding appropriation to continue to enhance the film industry in
the Southeast Region.
Commissioner Birzenieks complimented Mr. Rountree for his excellent work with the Film
Commission and for other services rendered to the community.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 331
Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Rountree for taking
time to present the informative report.
ADOPTION OF COMMUNITY CRIME TASK FORCE RESOLUTION
Chairman Caster commented on the resolution and suggested that a clause be added to allow
the Task Force to address other issues.
Commissioner Birzenieks suggested adding Section 5 to allow the Task Force to address any
other pertinent issues.
Commissioner Davis spoke on the composition of the Task Force and noted that no
representatives directly connected to law enforcement had been appointed to serve on the group.
Emphasis was placed on the need to receive input from the District Attorney, Wilmington Police
Chief, New Hanover County Sheriff and law enforcement representatives from the beach communities
in order for the Task Force to understand the problems being experienced with violent crime from
all aspects of law enforcement.
Chairman Caster agreed and reported before the Task Force was formed, the Sheriff,
Wilmington Police Chief and District Attorney were involved in the initial process and have agreed
to serve as resource persons for the group. After discussion with the Mayors, it was felt the Task
Force should not be overloaded with representatives from law enforcement.
Commissioner Birzenieks requested the involvement of Dr. Bill Atkinson, President/CEO of
the Medical Center, because of his knowledge and expertise in fighting and preventing violent crime.
Discussion followed on when the Community Crime Task Force should complete its report.
County Manager O’Neal advised the short session of the General Assembly convenes on May 11,
1998; therefore, it would be beneficial to have a report no later than May 15, 1998.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt the
resolution with the addition of Section 5 to allow the Community Crime Task Force to review and
address any other pertinent issues related to illegal drugs and crime. 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 XXIV, Page 16.
BREAK
Chairman Caster called a break from 9:50 A.M. until 10:10 A.M.
PRESENTATION ON MEASURES BEING TAKEN TO SAVE THE SHELL ISLAND
RESORT
Mr. Ken Shanklin, the attorney representing the Shell Island Resort Homeowners Association,
expressed appreciation to the Board for the past support given to save the Shell Island Resort. He
advised he was not appearing before the Board to request money, seek endorsement of legal
concepts, or request New Hanover County to join in the lawsuit filed against the State of North
Carolina, Coastal Resources Commission and N. C. Department of Environment and Natural
Resources. The Board was being requested to adopt a resolution to support the efforts to save the
building being made by the Shell Island Homeowners Association. To allow this structure to fall in
the ocean would be a great loss of tax revenue and tragic for the homeowners. If the lawsuit fails,
the clean up costs will be excessive and there will be environmental consequences. Bricks, wires,
concrete, fiber glass, carpet and other debris will fall into the water and be scattered along the entire
beach.
In closing, Attorney Shanklin advised the homeowners intend to pursue the lawsuit and fight
the necessary battle to save the Shell Island Resort building. He requested the Board to adopt the
proposed resolution.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 332
Mr. Charles Casteen, a member of the Board of Directors of the Shell Island Resort
Homeowners Association, expressed appreciation for the support given by the County when
appearing before the Coastal Resources Commission. He advised that Assistant County Manager,
Dave Weaver, made an excellent presentation.
Mr. Casteen spoke on being born and raised in Wilmington 72 years ago, and stated after
retiring, he returned to New Hanover County because he had a financial opportunity to purchase a
unit at the Shell Island Resort. At that time, the inlet was a mile away, and no one could have
imagined the erosion that has occurred because of Mason’s Inlet. There was no notification on the
deeds regarding the erosion pattern of the inlet, and no one was informed about the potential risk of
living on the northern end of the beach.
In closing, Mr. Casteen stated the homeowners are desperately trying to save the building.
Any support given by the Board of County Commissioners will be beneficial in promoting these
efforts.
Discussion followed on the conditions of the lawsuit. Attorney Shanklin advised the lawsuit
was based upon the composition, nomination, and selection process of members to serve on the
Coastal Resources Commission being unconstitutional. Also, the interpretation and application of
CAMA regulations are part of the lawsuit. The majority of the complaint focuses on measures to
save the building. The homeowners had the choice of filing the lawsuit to save the building, or doing
nothing and allowing the building to fall in the ocean and then sue the State for losses.
Commissioner Birzenieks asked if the proposed resolution would be meaningful since the
County will not be a party to the lawsuit or contribute financially to save the building?
Attorney Shanklin responded a resolution of support from the Board of County
Commissioners would greatly enhance the efforts being made to save the building.
Commissioner Howell commented on public opposition to placement of a hardened structure
at Shell Island because of concern about downstream beach erosion in surrounding areas, and he
requested Attorney Shanklin to comment on this issue.
Attorney Shanklin responded the homeowners tried to work with Figure Eight Island to
financially pay for dredging Mason’s Inlet to correct the problem. Time and money were spent to
acquire an easement across Hutaff Beach to the north. Numerous meetings were held to obtain the
easement; however, all efforts failed. This resulted in negating the dredging project because the Shell
Island Homeowners Association does not have authority to condemn land to obtain an easement. As
a result, the lawsuit was filed. If the building is to be saved permanently, an inlet training device will
have to be placed at Shell Island to keep the inlet stationary. These devices have been used along the
eastern seaboard, and no problems have been experienced with downstream erosion.
A lengthy discussion followed on the mapping error made in the location of the dredging
project behind Figure Eight Island and the governmental entities involved in the construction
permitting process. Attorney Shanklin explained that authorization from the N. C. Division of
Coastal Management and Corps of Engineers was received by Figure Eight Island for dredging of
the area. On May 25, 1984, a CAMA minor permit was issued to the North Shell Island
Development Corporation for construction of the Shell Island Resort. This permit should not have
been issued because of a mapping error that occurred on the official state map dated September 1984
delineating the inlet hazard area. This error resulted in construction of the building in the inlet hazard
area. The mapping error was not discovered until August 1996; however, the Town of Wrightsville
Beach had already issued the necessary building permits and the Shell Island Resort was constructed
and occupied by August 1986.
Assistant County Manager, Dave Weaver, reported the official state map in Raleigh, North
Carolina showed the correct location of the inlet hazard area; however, an employee in the state office
incorrectly placed the inlet hazard area line on the map that was forwarded to the Town of
Wrightsville Beach. This map was used for the permitting process.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 333
Vice-Chairman Greer commented on the importance of protecting our beaches and stated the
logical decision would be to preserve the building. If this structure falls into the ocean, debris could
wash ashore for miles. The County is in the stage of development where structures must be
protected, and if there is scientific knowledge to arrange inlets to remain stationary, it would be
prudent to use this type of device in lieu of allowing structures to wash away. He spoke in favor of
endorsing the idea of saving the building and stated a simple solution would have been to dig another
inlet in its original location.
Attorney Shanklin agreed and stated if the Hutaff easement could have been obtained, the
dredging could have occurred. He advised the only entity that has authority to condemn the property
is the State of North Carolina.
Commissioner Birzenieks stressed the importance of accountability by the State government
for its action and stated because of a bureaucratic error, the building was constructed in the wrong
location.
Attorney Shanklin agreed with Commissioner Birzenieks and stated the lawsuit against the
State will be pursued to the end.
Commissioner Davis reported the Shell Island Resort Homeowners Association was not
asking the County to become a part of the lawsuit; however, if the proposed resolution is adopted,
it will appear that New Hanover County is taking sides with the property owners against the State
of North Carolina. He stated, for the record, he could not take a stance against the State. Also, it
is the responsibility of the Board of County Commissioners to represent all taxpayers. Many calls
have been received from concerned citizens who do not feel the Board should support a special
interest group.
Ms. Janie Pichon, a resident of Wrightsville Beach, sympathized with the Shell Island Resort
property owners, but stated two wrongs do not make a right. To place a hardened structure to stop
the water and direct it in another direction would be wrong. She urged the Board not to support this
type of approach.
Mr. Terry Carter, a mechanic and concerned citizen, stated after reading the article in the
paper on Saturday, he decided to attend the meeting and express his opinions. When looking at the
words, Shell Island Resort, the word island is present and the action of Mother Nature cannot be
controlled. It was upsetting to read that the Shell Island Homeowners Association had filed a lawsuit
against the State of North Carolina. All governments, local, state, and federal spend money, but the
citizens pay taxes to finance those governments. The $26.5 million lawsuit has been filed because
they were allowed to construct the building in a non-suitable location. The citizens will pay the bill
because taxpayers’ money will be used by the State and Courts to hear the lawsuit. If the County
supports this effort, what will happen if a home at Kure Beach or Carolina Beach falls in the water?
Will the State or County be required to clean up the debris?
Vice-Chairman Greer responded that if his home fell into the water, he would not have
sufficient collateral for a loan or enough money to cleanup the debris; consequently, he would
probably walk away from the site. In his opinion, the Shell Island Resort Homeowners Association
is willing to pay the money necessary to save the building, and consideration should be given by the
State for them to try the device recommended.
Commissioner Birzenieks spoke in support of encouraging the State to take reasonable and
appropriate steps to save the building. He advised he was not qualified to comment on the technical
aspects of the proposed resolution; however, the Board may wish to consider writing a letter to State
officials requesting them to take reasonable and appropriate measures to save the structure.
Consensus:
After further discussion, it was the consensus of the Board to defer action on the request
and draft a letter to the Governor, N. C. Department of Environment & Natural Resources, and
Coastal Resources Commission requesting them to take all reasonable and appropriate measures to
save the Shell Island Resort building. The letter will be placed on the March 9, 1998, agenda for
review by the Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 334
FIRST MEETING OF THE 1998 BOARD OF EQUALIZATION AND REVIEW
SCHEDULED FOR APRIL 20, 1998
Tax Administrator, Roland Register, requested the Board to schedule the first meeting of the
Board of Equalization and Review on April 20, 1998, at 9:00 A.M. in the Assembly Room of the
New Hanover County Courthouse, to receive appeals from persons who wish to appear before the
Board of Equalization and Review.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to sit as the
Board of Equalization and Review and schedule the first meeting on April 20, 1998, at 9:00 A.M. to
receive appeals. Upon vote, the MOTION CARRIED UNANIMOUSLY.
SELECTION OF BONEY ARCHITECTS, INC. AS THE SITE PLANNER FOR THE
PILOTS RIDGE SCHOOL/PARK PROJECT
Vice-Chairman Greer advised that Commissioner Howell and he served on the Pre-Selection
Committee. He reported after a review of proposals received, the Committee recommended selection
of Boney Architects as the site planner.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to select Boney
Architects, Inc. as the site planner for the Pilots Ridge School/Park project and authorize the Pre-
Selection Committee to negotiate a contract. The contract will be placed on the agenda for final
approval by the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENTS TO THE HUMAN SERVICES ALLOCATION ADVISORY
COMMITTEE
Chairman Caster advised that Mr. Richard L. Achilles, Chairman of the Human Services
Allocation Advisory Committee, had called and suggested reducing the membership on the
committee. He requested the Budget Director, Cam Griffin, to comment on this issue.
Budget Director Griffin reported when the Advisory Committee was originally established,
an effort was made to appoint representatives from the human services agencies as well as public at-
large positions. The membership increased to thirteen (13) when the Chief Juvenile Court Counselor
and another position were added. In reviewing funding requests, valuable input has been received
from each organization’s representative, such as the United Way, Department of Social Services,
Health Department, Southeastern Center, New Hanover County Schools and Juvenile Courts.
Concern was expressed for reducing these positions.
Consensus:
After further discussion, it was the consensus of the Board to allow the membership to
remain unchanged.
Chairman Caster announced that three vacancies needed to be filled on the Human Services
Allocation Advisory Committee. He advised that five applications had been received, and he opened
the floor to receive nominations.
Commissioner Birzenieks nominated William K. Wade. Commissioner Davis seconded the
nomination.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, the BOARD VOTED UNANIMOUSLY to appoint William K. Wade to serve
a three-year term on the Human Services Allocation Advisory Committee. The term will expire June
30, 2001.
Discussion followed on the importance of appointing well-qualified persons to serve on the
various boards and committees. Chairman Caster recommended deferring appointments when the
Board is not familiar with the applicants or an insufficient number of applications have been received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 335
Consensus:
After further discussion, it was the consensus of the Board to defer action on the
remaining appointments to the Human Services Allocation Advisory Committee and request the Clerk
to Board to re-advertise the vacancies.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 11:14 A.M. until 11:31 A.M. to hold a
regular meeting of the New Hanover County Water and Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Resolution to Authorize the County Manager to Execute FEMA Documents
Chairman Caster advised that staff had prepared a resolution for the County Manager to
execute documents dealing with FEMA applications. He requested direction from the Board.
Vice-Chairman Greer spoke in favor of continuing to allow the Chairman to execute the
FEMA documents because he was the elected official responsible for signing documents.
After further discussion, NO ACTION WAS TAKEN. The Chairman will continue to execute
the FEMA documents.
Appointment of James N. Hunter to Serve on the City-County Comprehensive Steering
Committee
Chairman Caster reported at the last meeting, Commissioner Howell was requested to seek
a qualified person to serve as the County representative on the City-County Comprehensive Steering
Committee. He requested Commissioner Howell to comment.
Commissioner Howell recommended the appointment of James N. Hunter because of his
experience with planning and construction.
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster to appoint James N.
Hunter to serve as the County representative on the City-County Comprehensive Steering
Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Holding an Anti-Litter Project in New Hanover County
Vice-Chairman Greer announced that he had discussed holding a one or two day anti-litter
project to emphasize the importance of people not littering in New Hanover County. Ms. Nancy
Pritchett, Director of Keep American Beautiful, would like to sponsor the project. He requested
authorization to discuss this idea with the Sheriff and report back to the Board.
Consensus:
It was the consensus of the Board to authorize Vice-Chairman Greer to work with the
Sheriff and the Director of Keep America Beautiful to investigate the possibility of holding an anti-
litter project in New Hanover County.
Human Relations Presentation to be Made to the Town of Kure Beach
Commissioner Birzenieks reported that Mr. Anthony Wade, Director of Human Relations,
and he would be attending a Kure Beach Town Council meeting to encourage the Town Council to
become a member of the Human Relations Commission. He commented on the successful
presentation made to the Wrightsville Beach Board of Aldermen and stated hopefully the Kure Beach
Town Council would decide to become a member of the Commission.
Report on Tours of DC Virgo and Winter Park Schools
Commissioner Birzenieks reported on touring DC Virgo School and stated he was very
impressed with the operation and maintenance of the school. The principal, Dr. Russell Simmons,
and the young student who provided the tour were excellent. He stated, if Virgo can have a clean
and neat school with toilet tissue in the bathrooms, the other schools should be able to do the same.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 336
Commissioner Birzenieks advised that Winter Park School was in excellent condition and
stated he enjoyed the tour and seeing the children at work.
Chairman Caster expressed appreciation to Commissioner Birzenieks for the report and stated
the comments were refreshing to hear.
Discussion of Letter Received From the Chairman of the Board of Education Concerning the
Pilots Ridge Project
Chairman Caster referenced the letter received from the Chairman of the Board of Education
concerning the Pilots Ridge Project, and he requested the County Manager to meet with him to
discuss the terms and conditions of the agreement.
County Manager O’Neal responded that he had read the letter and was satisfied with the
agreement. A proposed contract for the Pilots Ridge Project has been mailed to the Superintendent
of Schools for review. Once a response is received, the contract will be presented to the Board of
County Commissioners.
Discussion of Scheduling a Joint Meeting with the New Hanover County Board of Education
Chairman Caster commented on the need to reschedule the joint meeting with the Board of
Education, and he asked County Manager O’Neal if another date had been selected?
County Manager O’Neal responded that his office was in the process of trying to select a date
that would be convenient for the Board of Education and County Commissioners. Once some dates
are identified, the Board will be contacted.
Discussion on Assignment of County Commissioners to Meet with Members of the Chamber
of Commerce Local Governmental Affairs Committee
Chairman Caster advised that a letter had been received from the Chamber of Commerce
regarding each County Commissioner being paired with a member or two of the Local Governmental
Affairs Committee to meet occasionally and discuss local issues. He presented the following list:
?
Commissioner Davis paired with Mr. Bob Martenis
?
Vice-Chairman Greer paired with Donna Girardot and John Allen.
?
Commissioner Birzenieks paired with Diane Avery and Judy O’Neal.
?
Commissioner Howell paired with Laura Qualitza and Paul Knott.
Consensus:
It was the consensus of the Board to agree with the list presented.
Arrival of the Time Warner C-Span School Bus
Chairman Caster announced the Time Warner C-Span School Bus will arrive on the UNCW
campus on Friday, February 20, 1998, from 2:00 P.M. until 4:00 P.M. The Commissioners are
invited to tour the bus and hear a special presentation about the public service network. He advised
he would not be able to attend the event; however, if any of the Commissioners would like to attend,
they should RSVP to Time Warner.
Discussion of Resolution from Forsyth County Concerning the Use of Public Funds for
Incentives to Attract Economic Development
Chairman Caster reported that a resolution had been received from Forsyth County requesting
the New Hanover County Board of Commissioners to adopt a similar resolution that would oppose
the use of public money to pay incentives to attract new businesses or to facilitate expansion of
existing businesses. He requested direction from the Board.
No action was taken.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 337
Discussion of Resolutions Received from DARE
Chairman Caster advised that two resolutions had been received from DARE regarding
downtown development. He requested direction from the Board.
County Manager O’Neal noted the resolutions were premature because the final report on the
Vision 2020 Plan had not been completed. He recommended deferring action on the resolutions until
the report is received.
Consensus:
It was the consensus of the Board to defer action on the resolutions.
Reminder of Work Session Scheduled for March 5, 1998 to Discuss the Disaster Recovery
Initiative Grant from the U. S. Department of Housing and Urban Development
Chairman Caster reminded the Board of the Work Session scheduled for March 5, 1998,
10:00 A.M., Room 501, in the County Administration Building to discuss eligible projects for use of
the HUD $1.8 million recovery initiative grant.
Discussion of Letter Received from Mr. Kevin M. FitzGerald, Director of the N. C. Division
of Social Services
Chairman Caster commented on the letter received from Mr. Kevin M. FitzGerald, Director
of the N. C. Division of Social Services, regarding the positions needed for child protective services,
and he requested staff to explain the funding available for the positions.
Deputy County Manager, Andrew J. Atkinson, advised that state and federal funds were
appropriated to pay for the positions with a 25% local share. The Department of Social Services can
cover the cost for the additional positions for the remainder of FY 1997-98.
Vice-Chairman Greer read from a legislative document which stated that $1.3 million was
appropriated by the General Assembly for FY 1997-98 and $1.3 million for FY 1998-99 for child
protective services, foster care, and adoption worker positions based on a formula which considers
the number of services, foster care, and adoption workers necessary to meet the recommended
standards adopted by the N. C. Association of County Directors of Social Services. No local match
shall be required as a condition for receipt of the funds.
Vice-Chairman Greer stated if the state and federal governments are going to fund the sixteen
(16) positions requested by the Department of Social Services, he would not have a problem with
approving the remaining six (6) Social Worker III positions and two (2) Social Worker Supervisor
positions.
County Manager O’Neal reported this item would be placed on the agenda for March 9, 1998,
with a complete explanation of funding for the positions.
Commissioner Davis requested staff to invite Mr. Kevin M. FitzGerald to attend the meeting
on March 9, 1998 so he could respond to some questions.
Consensus:
It was the consensus of the Board to direct the County Manager to invite Mr. FitzGerald
to attend the meeting on March 9, 1998.
ADDITIONAL ITEMS - COUNTY MANAGER
Action Deferred on Funding Request from the Cape Fear Coast Convention and Visitors
Bureau for Marketing New Air Service from Wilmington N. C. to Washington, D. C.
County Manager O’Neal reported the Cape Fear Coast Convention & Visitors Bureau has
requested the County to provide $2,500 to promote the new air service from Wilmington, N. C. to
Washington, D. C. The Chamber of Commerce and City of Wilmington will be requested to make
contributions. If the Board approves the request, the funds will be appropriated from contingencies.
Motion:
Commissioner Birzenieks MOVED to transfer $2,500 from contingencies to the Convention
and Visitors Bureau to be used for promotion of the new air service from Wilmington, N. C. to
Washington, D. C.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, FEBRUARY 16, 1998PAGE 338
Chairman Caster stated he felt a request of this type should be placed on the regular agenda.
Motion Withdrawn:
Commissioner Birzenieks WITHDREW THE MOTION.
County Manager O’Neal advised this item would be placed on the March 9, 1998, agenda.
Discussion of New Agenda Format
County Manager O’Neal commented on the new agenda format, and he requested the Board
to review the format and feel free to make suggestions or changes.
Discussion of Contract with BMS Architects to Perform a Space Study
County Manager O’Neal reported discussion was held at the retreat about contracting with
BMS Architects to perform a space study. He requested the Board to formally approve authorization
for him to proceed to negotiate a contract.
Consensus:
It was the consensus of the Board to authorize the County Manager to proceed to
negotiate a contract with BMS Architects to perform a space study.
Discussion of Falcon Cable Rate Increases
Chairman Caster asked if the Board needed to take action on the Falcon Cable rate increases?
County Attorney Copley reported the FCC allows cable companies to raise rates annually.
She advised the letter was forwarded for informational purposes.
Discussion followed on scheduling another meeting with Pender County Commissioner,
Carolyn Justice, to determine if Falcon Cable had fulfilled its compliance obligations. County
Attorney Copley stated that a meeting was to be held in February; however, no notification has been
received from Commissioner Justice.
Chairman Caster commented on seeing Commissioner Justice last week and stated she would
be calling to schedule another meeting in the near future.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:55 A.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board