1998-05-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 438
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May
4, 1998, at 6:30 p.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.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the regular agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
No items were presented.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested removal of Consent Agenda Item 5 for further discussion.
Chairman Caster requested removal of Consent Agenda Item 12, a proclamation declaring
Selective Service Registration Awareness Month
the month of May as in New Hanover County so
the proclamation can be presented to Mr. Don Shaw, Director of N. C. Selective Service.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to remove
Consent Agenda Items 5 and 12 and approve the remaining items on the Consent Agenda. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution to Increase Facilities and Officers Fees
The Commissioners adopted a resolution to request the local legislative delegation to
introduce and support statewide legislation to increase the facilities fee from $6.00 per case to $12.00
and the officers fee from $5.00 per case to $10.00 to partially defray the costs of maintaining judicial
facilities. The resolution is to be forwarded to the N. C. Association of County Commissioners and
all counties requesting support of the bill in the 1998 Short Session of the General Assembly.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 21.
Approval of the Consolidation Contract between the State of North Carolina, Department of
Health and Human Services (DHHS) and New Hanover County Health Department (Contract
#98-0353)
The Commissioners approved the Consolidated Contract between the State of North Carolina,
Department of Health and Human Services and the New Hanover County Health Department. The
contract sets forth the terms and conditions applicable for Public Health activities provided through
the Health Department for which the department receives state funding. The amount of funding for
FY 1998-99 is $2,063,709 ($1,303,173 through State Grants; $760,536 through Title XIX Medicaid
Earnings).
A copy of the contract is on file in the Legal Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 439
Authorization for the Health Department to File a March of Dimes Grant Application to
Support Health Department Parenting Classes
The Commissioners authorized the Health Department to file a grant application in the amount
of $2,500 to the Eastern Carolina Chapter of the March of Dimes to support and enhance Parenting
Classes conducted by the New Hanover County Health Department. The County Manager was
authorized to accept the grant if awarded and approve the associated budget amendment.
Adoption of Resolution for Disposal of 1991 GMC Cyclone Truck (Vehicle Identification
Number 1GDCT14Z8M8800) as a Trade-in on the Purchase of Another Vehicle
The Commissioners adopted a resolution to authorize the Finance Office to dispose of a 1991
GMC Cyclone truck as a $10,582 trade-in on the purchase of a new vehicle. The low bid was
awarded to Bob King Pontiac GMC, Inc. for the purchase of a new vehicle for a net difference of
$5,575.
Bids were solicited from Bob King Pontiac GMC, Inc., D&E Car Exchange, Inc., and Rippy
Autopark for the purchase of a new vehicle.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 21.
Designation of the Department of Aging as the Lead Agency for Home & Community Care
Block Grant Funds and Acceptance of 1998/99 Home & Community Care Block Grant
The Commissioners designated the Department of Aging as the Lead Agency to monitor
Home & Community Care Block (HCCBG) grant funds for New Hanover County during FY 1998-
99. The Commissioners accepted the HCCBG grant in the amount of $631,269 to be allocated as
recommended by the Home & Community Care Block Grant Committee:
(1) Transportation $70,941
(2) Home Delivered Meals $121,863
(3) Congregate Meals $79,561
(4) I/R Case Assisted $30,208
(5) Care Management $44,168
(6) In-Home Aide Services $188,298
(7) Adult Day Care $44,206
(8) Group Respite $10,199
(9) Adult Day Health $17,640.
Acceptance of Cape Fear Memorial Foundation Grant - Department of Aging
The Commissioners accepted the Cape Fear Memorial Foundation grant and approved the
associated budget amendment in the amount of $30,000 to fund a wellness (nutrition/exercise)
education program at each of the five nutrition sites. The Chairman was authorized to execute the
necessary documents.
The original application was approved by the Commissioners on June 2, 1997 for $91,620
over a three-year period. All services will be acquired through contracted services with appropriate
professionals. No county funding is needed.
Budget Amendment #98-0170 - Aging/Nutrition-Congregate
DebitCredit
Cape Fear Memorial Foundation Grant $30,000
Cape Fear Memorial Foundation Grant$30,000
Purpose:
To budget a Cape Fear Memorial Foundation one-year grant.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 440
Adoption of Resolution to Award Bid #98-0299 and Approval of Contract #98-0299 with
Ansaldo Volund A/S to Purchase Grate Parts for the Volund Boiler at the WASTEC Facility
The Commissioners adopted a resolution to award the bid and contract to Ansaldo Volund
A/S in the amount of $41,426 plus a delivery cost not to exceed $5,000 for the purchase of grate
parts for the Volund boiler at the WASTEC Facility. 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 21.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Accepting an Offer from George D. Peterson for the Sale of Surplus
Property Owned Jointly by the City of Wilmington and New Hanover County
The Commissioners adopted a resolution to accept an offer from George D. Peterson in the
amount of $1,500 for the sale of surplus property owned jointly by the City of Wilmington and New
Hanover County identified as follows:
Tax Market
Parcel NumberAddressValue Value
ROO54-10-018-014.000 714 South 10th St. $600 $1,500
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 XXIV, Page 21.
Adoption of Resolution Accepting an Offer from Carl Marshburn for the Sale Surplus
Property Owned Jointly by the City of Wilmington and New Hanover County
The Commissioners adopted a resolution to accept an offer from Carl Marshburn for the sale
of surplus property owned jointly by the City of Wilmington and New Hanover County identified as
follows:
Tax Market
Parcel NumberAddress Value Value
ROO54-13-033-020.000 206 Marstellar Street $719 $3,715
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 XXIV, Page 21.
Approval of Budget Amendment #98-0171 - Sheriff’s Department
The Commissioners approved the following budget amendment:
#98-0171 Sheriff/Jail
DebitCredit
Jail Fees$45,000
Sheriff - Other Fees 30,000
Food Purchases$75,000
Purpose:
To budget additional revenue from fees because the jail population has exceeded the fiscal
year projection. The additional expenditure for food purchases will be offset by the greater than
anticipated revenue.
Proclamation Declaring May as Osteoporosis Prevention Month in New Hanover County
Osteoporosis Prevention
The Commissioners adopted a proclamation declaring May as
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 441
Month
in New Hanover County as requested by the Osteoporosis Coalition of North Carolina and
the Osteoporosis Prevention Task Force of North Carolina.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 21.
Adoption of Proclamation Recognizing Armenian Martyrs Day
Armenian Martyrs Day
The Commissioners adopted a proclamation recognizing in
commemoration of the 83rd anniversary of the Armenian Genocide.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 21.
ACTION DEFERRED ON CONSENT AGENDA ITEM 5, A REQUEST TO PURCHASE
A COMPUTER SYSTEM FOR ANIMAL CONTROL SERVICES - NEW HANOVER
COUNTY HEALTH DEPARTMENT
Vice-Chairman Greer advised this matter had not been decided by the Board of Health;
therefore, he would like to defer action.
Consensus:
After discussion, it was the consensus of the Board to defer action on the computer
request for Animal Control Services until a recommendation has been received from the Board of
Health.
APPROVAL OF CONSENT AGENDA ITEM 12, A PROCLAMATION DECLARING THE
MONTH OF MAY AS SELECTIVE SERVICE REGISTRATION AWARENESS MONTH IN
NEW HANOVER COUNTY
Chairman Caster read and requested adoption of a proclamation declaring the month of May
Selective Service Registration Awareness Month
as in New Hanover County.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the
proclamation as read. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster, on behalf of the Board, requested Mr. Don Shaw, Director of N. C.
Selective Service, to step forward to receive the proclamation.
Mr. Shaw expressed appreciation to the Board for adopting the proclamation in recognition
of selective service registration. He advised the N. C. Department of Selective Service visits high
schools throughout the state to explain the purpose of registration and remind young men to register
within 30 days after their 18th birthday.
Commissioner Birzenieks expressed regret for abolishing the draft and asked why young
women were not included in the registration requirement?
Mr. Shaw advised this question had been frequently asked; however, the issue was debated
by the U. S. Congress and a decision was rendered to exclude women from the registration
requirement. He suggested contacting the congressional delegation about this concern.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 21.
PRESENTATION BY CITY OF WILMINGTON MAYOR HAMILTON E. HICKS, JR.
REGARDING A REGIONAL CONVENTION CENTER
Chairman Caster, on behalf of the Board, welcomed Mayor Hicks.
Mayor Hicks requested approval and endorsement of a resolution adopted by the Wilmington
City Council to request the N. C. General Assembly to provide a planning grant in the amount of
$750,000 to develop a plan for a regional convention center. The funds will be used to hire a
consultant to determine the best location for a convention center and provide recommendations on
the most effective way to secure private sector funding. The deadline for submitting the bill to the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 442
N. C. General Assembly is May 20, 1998.
Mayor Hicks stated if the grant is approved during the Short Session of the General
Assembly, an advisory board comprised of representatives from Brunswick County, Pender County,
New Hanover County, Carolina Beach, Kure Beach, Wrightsville Beach, and the City of Wilmington
will be established to oversee the activities of the planning grant.
Commissioner Birzenieks expressed appreciation to Mayor Hicks for presenting this item and
stated he was in favor of locating a convention center in downtown Wilmington. However, another
facility is needed to replace Trask Coliseum at UNCW. He asked if the planning process could
include a review of this need when studying the regional convention center.
Mayor Hicks noted this was an excellent point and stated this item could be included in the
job description when hiring a consultant.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a
resolution to request the N. C. General Assembly to provide a planning grant in the amount of
$750,000 to develop a plan for a regional convention center. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Caster expressed appreciation to Mayor Hicks for the presentation.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 21.
PRESENTATION BY BERNARD MOSES CONCERNING PLACEMENT OF A GROUP
HOME IN THE GORDON WOODS SUBDIVISION
Mr. Bernard Moses, a resident of Gordon Woods Subdivision, expressed grave concern for
the burning of a home in the community on February 10, 1998. The investigation of the incident
revealed that a mentally disturbed resident of the group home set the home on fire. The residents
were not aware that a facility of this type was located in Gordon Woods. He advised there is concern
about the public health and safety of children and residents in the neighborhood if another group
home is placed in the community.
The Commissioners were requested to research the County Code to see if measures can be
found to avoid replacement of the group home on the site. A letter of concern was forwarded to the
Southeastern Center and Coastal Horizons. The Director of the Southeastern Center has forwarded
a letter notifying the residents that the Center will not continue the contract with the owner for
placement of another group home in this area. The question to be answered is whether the realtor will
place a home of this type in the community.
County Attorney Copley reported the General Statutes allow for placement of a family care
home in all residential districts. New Hanover County is prohibited from requiring a family care home
to obtain any type of Special Use Permit or variance for location of a home in a residential area. The
County cannot usurp state law; however, the owner cannot locate a family care home within a one-
half mile radius of an existing family care home.
Mr. Moses asked how could any residential area be protected?
Chairman Caster requested Mr. Moses to contact the local state legislators about the concerns
of the residents to see if the General Statutes can be changed. He stated unfortunately New Hanover
County must comply to the state law and cannot offer assistance to the community in resolving this
issue.
ACTION DEFERRED ON “PROJECT FOR HAPPIER LIVES” PROGRAM - NEW
HANOVER COUNTY HEALTH DEPARTMENT
Judge Gilbert Burnett requested the Board to authorize the Health Department to apply for
the Project for Happier Lives grant to prevent teenage pregnancy. This item has been presented to
the Board of County Commissioners on two occasions, and the application has been amended to
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 443
eliminate the payment of money to girls who do not get pregnant. Some incentives, such as
refreshments at meetings, vouchers for clothing, and scholarships to Cape Fear Community College,
will be included in the education program. Also, discussion has been held on working with young
boys to inform them about the law regarding child support because many young boys have been sent
to prison for violating this law.
Judge Burnett reported frequently opposition is experienced at the beginning of a new
program that later became successful. One example is the Community Service Program which has
been in existence for 15 years. Over 25,000,000 hours of community service has been performed in
the state during this period of time. When the hours are multiplied by minimum wages, the total figure
is $128,000,000. The New Hanover County Parks Department has received over 32,000 hours from
participants in the program, which has saved a considerable sum of money for the county.
Commissioner Birzenieks spoke on the number of organizations in New Hanover County that
are trying to address the teen pregnancy issue. He expressed concern for fragmentation and
suggested that organizations such as the Community Boys and Girls Club; Girls, Inc.; Board of
Health; Board of Education; Health Access for Teens; and the YWCA should join forces to tackle
this issue.
Judge Burnett responded the Project for Happier Lives program will work closely with the
organizations referenced by Commissioner Birzenieks. The program will identify areas where girls
are at-risk and educational sessions will be held in these locations.
Discussion was held on the fact that the information presented in the agenda packet was not
the revised plan. Chairman Caster asked if the revised plan had been reviewed by the Board of
Health?
Judge Burnett reported the amended plan had not been resubmitted to the Board of Health.
Chairman Caster spoke on the importance of the amended plan being reviewed by the Board
of Health before rendering a decision, and he recommended deferring action on this item.
County Manager O’Neal reported that Ms. Connie Parker and Mr. Gary Garris with the Cape
Fear Foundation are in the process of bringing the organizations dealing with teenage pregnancy
together to form a consortium to address the issue.
Commissioner Birzenieks requested that Ms. Jane Leutze be invited to participate in the group
meeting since she is an expert in this field.
Chairman Caster noted that New Hanover Regional Medical Center has scheduled a “Care
to Collaborate” workshop on June 4, 1998 at the Coast Line Convention Center from 10:00 a.m. until
3:00 P.M. Representatives from health and human services agencies, non-profit organizations and
elected/appointed officials from Brunswick, Pender and New Hanover Counties will be invited to
participate in a panel discussion regarding funding issues. It will be an opportunity to bring
community service organizations together to share information and encourage partnerships.
Vice-Chairman Greer expressed concern for sending the request back and forth between the
Board of Health and Board of County Commissioners. He recommended making a decision at this
meeting.
Chairman Caster, again, expressed concern for not having a copy of the amended plan that
does not include monetary incentives.
Motion:
After discussion, Chairman Caster MOVED, SECONDED by Commissioner Howell to
refer the revised plan back to the Board of Health so a recommendation can be made regarding the
new incentives and other resources that are available to insure success of the program. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 444
PRESENTATION BY MR. HARRY DORSEY REGARDING DIVERSITY IN THE NEW
HANOVER COUNTY INSPECTIONS DEPARTMENT
Mr. Harry Dorsey, an electrical contractor and a member of the New Hanover County Board
of Examiners of Electricians, reported as of February 1998, the only minority employee in the
Inspections Department was terminated. Concern was expressed for the lack of minority employees
and the underlying factors.
The Inspections Department consists of four main divisions: general, electrical, plumbing, and
heating and air. When inquiring about the lack of minority employees, one reason given was licensing
requirements. Do the clerks in the Inspections Department need a license to hold a position? The
obvious answer is that jobs do exist in the Inspections Department that do not require a license. After
interviewing six former employees of the Inspections Department, the following comments were
received:
(1)The whites in the Inspections Department will support each other but lock out the black
employees.
(2)No support from management.
(3)There is definite need to look into why minorities leave the department.
(4)Prejudice prevails.
(5)The Inspections Department is a fraternal group. If you are not in the group, it is miserable
working in the department.
(6)There is a buddy/buddy system in the Inspections Department.
(7)The Inspections Department should change its basic philosophy as to how people should be
treated.
(8)The Inspections Department hires people with the same basic philosophy as employees in the
department.
In closing, Mr. Dorsey stated it appears there is a certain attitude in the Inspections
Department. As Vice-Chairman of the Wilmington/New Hanover Community Development
Corporation, this group would like to work with local governments in trying to create better jobs in
the area and foster improvements for low income individuals. The Board of Education is responsible
for educating children from Kindergarten through Grade 12. After this point, the Wilmington/New
Hanover Community Development Corporation would like to work with local governments to
develop a regional training center that will train young people to hold responsible jobs.
Chairman Caster informed Mr. Dorsey that the New Hanover County School System does
provide vocational training. Within the past few months, the School System has worked with Cape
Fear Community College to provide a combination vocational training program that will allow
students to attend Cape Fear Community College and receive school credits for job training. Since
this program is underway, it might be difficult for the Wilmington/New Hanover Community
Development Corporation to become involved in the program.
Mr. Dorsey advised that Cape Fear Community College was not in the position to resolve this
issue; however, working together can accomplish the goal. Time and effort will be required to bring
the diversity in the community back into balance. There are concrete efforts that need to be
undertaken to accomplish the lack of minority representation. He requested the Board to allow him
to continue the dialogue with the Administrative Staff to achieve this goal.
Chairman Caster expressed appreciation to Mr. Dorsey for bringing this matter to the
attention of the Board, and he requested the County Manager and Director of Human Resources to
work with Mr. Dorsey.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 445
ACTION DEFERRED ON RENAMING COLLEGE ROAD TO UNIVERSITY
BOULEVARD
Chairman Caster commented on the request by Dr. James Leutze, Chancellor of UNC-
Wilmington, to rename College Road to University Boulevard. He requested direction from the
Board.
Commissioner Birzenieks stated due to the growth and changing aspects of UNC-Wilmington,
he felt the request was appropriate.
Chairman Caster requested the Planning Director, Dexter Hayes, to outline the required
procedure for renaming the road.
Planning Director Hayes presented the following requirements:
(1)Schedule a Public Hearing to receive input from the public.
(2)Approval of the road renaming by the Board of County Commissioners.
(2)Notification to all property owners along that stretch of College Road. Currently, there are
approximately 2,300 businesses that will have to change addresses.
(3)Since a majority of the road falls within the City Limits, the City will schedule a Public
Hearing. Also, the road renaming will have to be approved by the City Council.
(4)The N. C. Department of Transportation will have to approve the road renaming.
(5)There is an existing street named University Drive, which will have to be changed to avoid
a duplication of names. This will necessitate a change of address for approximately 75
residents.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to hold a Public
Hearing on the road renaming.
Commissioner Howell asked if the City Council should be approached before action is taken
by the County.
County Manager O’Neal recommended allowing the request to be presented to the City
Council since the majority of the road lies within the City Limits. If the City looks favorably upon
the request, the County can proceed with the road renaming.
Motion Withdrawn:
Commissioner Birzenieks withdrew the motion.
Consensus:
It was the consensus of the Board to defer action on the request until the Wilmington
City Council has been approached on the road renaming.
BREAK
Chairman Caster called a break from 7:35 p.m. until 7:45 p.m.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CORNELIA NIXON DAVIS HEALTH CARE CENTER TO CONSTRUCT A 63-UNIT
ASSISTED LIVING CARE FACILITY (S-428, 4/98)
Chairman Caster opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Pete Avery, Staff Planner
David Criser
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 446
Willis Stancil
Gary Moody
Staff Planner, Pete Avery, reported the Cornelia Nixon Davis Health Care Center has
requested a Special Use Permit to construct a 63 unit assisted living care facility. The property is
zoned R-20 Residential and is located on Porters Neck Road on the existing nursing home campus.
Assistant County Manager, Dave Weaver, reported there is a problem with the fire alarm
equipment at the Nursing Home and stated these items will be addressed. He apologized for the late
notice and advised that Mr. Willis Stancil, an employee of the Fire Marshal’s Office, was present and
would be glad to respond to this issue.
Vice-Chairman Greer requested Mr. Willis Stancil to address the fire issue before proceeding
with the findings of fact.
Staff Planner Avery advised the Planning Staff was not aware of the fire issue; therefore, the
findings of fact would not include this condition.
Mr. Stancil reported the Underwriters Laboratory provides New Hanover County a monthly
listing of all protective properties with sprinkler systems that hold active Fire Certificates. When
reviewing the list, it was noticed that the U. L. Fire Certificate issued to Cornelia Nixon Davis Health
Care Center had been canceled by the Underwriters Laboratories because of deviations from the
National Fire Protecting Standards.
Mr. Stancil presented a list of five items and reported items 1, 3, 4, and 5 will be completed
as part of the new facility. Item 2 will need to be scheduled and completed within an appropriate time
frame.
Vice-Chairman Greer asked what the normal procedure would be if the Cornelia Nixon Davis
Health Care Center was not requesting a Special Use Permit to construct the 63 unit assisted living
care facility?
Mr. Stancil responded citations would be written with a time frame established for completion
of the work within 12 months. The exact time frame for each item would be established with the
contractor.
Vice-Chairman Greer requested to be excused from voting on this issue because his Mother
is a resident of Cornelia Nixon Davis Health Care Center.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to excuse Vice-
Chairman Greer from voting on the item. Upon vote, the MOTION CARRIED 4 TO 0.
Further discussion was held on the cancellation of the Fire Certificate. Mr. Stancil reported
there are substantial deviations from the National Fire Code; therefore, there should be changes to
the fire alarm handles and the location of smoke detectors in corridors.
Assistant County Manager, Dave Weaver, advised the existing facility met the fire standards
required when the home was constructed. Since that time, the fire standards have become more
stringent and the Cornelia Nixon Davis Health Care Center has been grandfathered in instead of being
required to meet the new standards.
Commissioner Birzenieks asked if management has agreed to correct these issues?
Mr. Stancil advised that management had been cooperative in the past and it is felt the
deficiencies will be met under the necessary scheduling of the work.
Commissioner Birzenieks asked if a fire should occur, would there be adequate staff to
remove the residents from any danger?
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 447
Mr. Stancil responded that staff was trained to evacuate residents in a timely manner.
County Attorney Copley requested the Board to be definitive in outlining the conditions of
the Special Use Permit as presented by Mr. Stancil. These conditions should be monitored and
inspected by the Fire Marshal’s Office.
The following staff findings were presented:
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 property has access to internal streets that connect to public streets.
B.Water and sewer will be provided from on-site sources.
C.The site is located in the Ogden Volunteer Fire Department District. Construction of a
satellite station on adjacent property is nearing completion.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Nursing and personal care are permitted by Special Use Permit in the R-20 Residential
District. The property is zoned R-20.
B.All required setbacks can be met.
C.Adequate area is available on the site to meet off-street parking needs.
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 proposed facility will be located on the primary campus of the Cornelia Nixon Davis
Health Care Center.
B.Construction of a satellite fire station is nearing completion on adjacent property.
C.Other adjacent tracts are undeveloped.
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 for New Hanover County
based upon the following findings:
A.The primary land use in the immediate vicinity is a 100,000 square foot health care center that
provides skilled nursing care. In addition, a small geriatric clinic is located nearby and the
adult day care service will soon be open.
B.A satellite fire station is nearing completion on adjacent property.
Chairman Caster asked if the petitioner would like to comment.
Mr. Gary Moody, Director of Plant Operations for the Cornelia Nixon Davis Health Care
Center, advised if the violations had been brought to the attention of the facility, corrections would
have been made immediately. Since this incident, the insurance carrier has been changed.
Mr. Moody advised the Health Care Center was excited about the proposed 63 unit assisted
living care facility. The facility will allow people to progress into assisted living without having to
spend a great deal of money to enter a nursing facility. There will be no fire hazards at either
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 448
facility. He requested the Board to grant the Special Use Permit.
Chairman Caster asked Mr. Moody if he concurred with the findings of fact?
Mr. Moody agreed with the finding of facts as presented.
Commissioner Birzenieks expressed concern for the nursing home relying on the Fire Marshal
to catch violations and stated he felt the nursing home should be responsible for performing safety
checks on a routine basis to be sure the residents are protected.
Mr. Moody responded fire inspections are performed monthly and drills are performed on a
quarterly basis. Currently, the staff is prepared to take the correct action if a fire should occur.
Chairman Caster asked if any other person sworn in would like to testify.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant the
Special Use Permit to Cornelia Nixon Davis Health Care Center for construction of a 63-unit assisted
living care facility contingent upon the reissuance of an Underwriters Laboratory Fire Certificate for
the main nursing care facility before a Certificate of Occupancy is issued for the new facility and/or
within 12 months, which ever comes first, based upon the evidence presented and findings of fact
concluding 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
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 AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Excused:Vice-Chairman Greer
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 23.
PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID SNEEDEN FOR
HALLMARK INDUSTRIES TO REZONE .84 OF AN ACRE AT THE SOUTHWEST
CORNER OF CHARTER DRIVE AND EASTWOOD ROAD TO B-2 BUSINESS AND O-I
OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-622,4/98)
Chairman Caster opened the Public Hearing.
Staff Planner, Pete Avery, reported the applicant, Mr. David Sneeden, amended the petition
and informed the Planning Board that he was requesting the five parcels to be rezoned B-2 Business
and O-I Office and Institution. Mr. Sneeden advised the parcels, particularly those fronting
Eastwood Road, would be difficult to develop due to the limited depth and extra setback
requirements imposed by the Special Highway Overlay District. Also, the lot fronting Charter Drive
and directly south of the parcels along Eastwood Road, should be zoned B-2. Mr. Sneeden conceded
the second lots along Charter Drive should be zoned O-I to protect the neighborhood. The Planning
Board agreed that parcels along Eastwood Road could not be developed under residential zoning and
felt that commercial zoning would be suitable for this property.
There was disagreement among the members of the Planning Board as to how far commercial
zoning should extend along Charter Drive. The Planning Board voted 7 to 0 to recommend approval
of the applicant’s petition as revised, noting that the southernmost lot should
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 449
be zoned O-I Office and Institution to promote better land use transitions and curtail commercial
encroachment into an established neighborhood. In addition, the Planning Board recommended
rezoning the narrow 28-foot R-15 strip to the west to O-I Office and Institution. It was felt the strip
served no useful purpose, particularly in lieu of current setback and buffering standards.
Vice-Chairman Greer asked why the strip was included in the rezoning?
Staff Planner Avery responded the site is owned by Liberty Commons and does not have
value. The strip does not provide more protection to the dwellings located behind the nursing home
facility because there are no required buffer standards. Staff recommended rezoning the entire site
to O-I Office and Institution, including the applicant’s proposal, because it would have provided a
better transitional use and would be more consistent with the Land Use Plan.
Commissioner Davis asked if it would be a better option to rezone the entire site Office and
Institution?
Staff Planner Avery advised he felt the entire area should be O-I Office and Institution.
Chairman Caster asked if the petitioner would like to comment.
Mr. David Sneeden, representing Hallmark Industries and S&R Partnership, commented on
the 28-foot strip and reported the strip was owned by Liberty Commons Nursing Home and lies
between the nursing home and residents along Charter Drive. At the current time, there is a driveway
along the 28-foot strip. By rezoning the 28-foot strip to Office and Institution, the use would be
consistent with the remainder of the property owned by Liberty Commons. The owners of the
nursing home are good neighbors and work with the community in the land use. This strip also
provides a buffer between the Hillsdale Subdivision and construction that has occurred around Home
Depot.
The application has been amended to allow the last lot to be rezoned Office and Institution
to provide additional buffering to the adjacent subdivision. The property fronting Eastwood Road
would be rezoned B-2 Business, which would be compatible with existing businesses along this
highway corridor. The Board was requested to approve the amended petition.
Commissioner Davis asked if the entire parcel was zoned O-I, would this be satisfactory with
the clients?
Mr. Sneeden responded O-I zoning would not accommodate the retail and mixed uses
proposed for the site.
Chairman Caster asked if anyone from the public would like to comment.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster to rezone the property
to B-2 Business and O-I Office and Institution as revised by the applicant and recommended by the
MOTION DID NOT CARRY
Planning Board, which includes the 28-foot strip. Upon vote, the
AS FOLLOWS
:
Voting Aye:Commissioner Howell
Chairman Caster
Voting Nay:Commissioner Birzenieks
Commissioner Davis
Vice-Chairman Greer
Motion:
After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Birzenieks to rezone the entire site to Office and Institution. Upon vote, the MOTION CARRIED
AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 450
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Vice-Chairman Greer
Voting Nay:Chairman Caster
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 9B, Page 86.
PUBLIC HEARING TO CONSIDER A CONDITIONAL USE SITE PLAN REVISION FOR
LUMINA STATION, PHASE II (Z-604,6/97; Revised 4/98)
Chairman Caster opened the Public Hearing.
Staff Planner, Pete Avery, announced that Mr. Joel Tomaselli, the petitioner, was not present;
however, the case could still be heard. He reported the original site plan for this tract was approved
by the Board of County Commissioners on July 7, 1997. The approval authorized the construction
of 56,500 square feet of specialty retail, offices, and an upscale inn. The revised plan contemplates
a similar range of uses.
The primary changes in the plan include increasing the width of buffer yards and setbacks,
increasing the total square footage to 67,825 square feet, and re-orienting the buildings. The
approved plan calls for construction of one large building. In addition to the extra square footage,
the applicant proposes moving the building closer to Southerland Avenue. Except for the increases
and/or decreases in the setbacks and buffer yards, the findings contained in the Special Use Permit
remain unchanged.
The Planning Board voted unanimously to recommend approval of the revised site plan feeling
the modifications would not create major land use changes or substantially increase anticipated traffic
demands.
Vice-Chairman Greer asked if it would be legal to take action when the petitioner was not
present?
County Attorney Copley advised since proper notification was forwarded to the petitioner and
no changes are being made to the original Special Use Permit with approval of the revised site plan,
action by the Board would be appropriate.
Chairman Caster asked if anyone from the public would like to comment.
No remarks were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
revised site plan as recommended by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the revised site plan is on file in the Planning Department.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO
MARTHA LEE FOR CONSTRUCTION OF A 500 FOOT RADIO COMMUNICATIONS
TOWER ON THE WEST SIDE OF MARKET STREET IN THE 8300 BLOCK (S-429,4/98)
Chairman Caster opened the Public Hearing and announced the special use process requires
a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the
Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 451
The following persons were sworn in:
Pete Avery, Staff Planner
Martha Lee
David Sneeden
Carl Venters
Staff Planner, Pete Avery, reported the applicant seeks approval to construct a 500 foot radio
communications tower. The purpose of the tower is to transmit radio signals for a new FM station
planned for Wrightsville Beach. The FCC has issued the applicant a license to operate the station.
After a lengthy presentation by the applicant concerning licensing, height issues, compatibility,
the effects of electromagnetic wavelengths, the selection of the site, and related design and location
issues, the Planning Board voted 6 to 0 to recommend approval of the Special Use Permit. There was
one abstention. The Planning Board felt the property selected was compatible with the general area,
due primarily to the fact that the site was adjacent to larger undeveloped tracts. There was no
opposition present at the Planning Board meeting.
Staff Planner Avery presented the following findings of fact:
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 tower has no water and sewer needs.
B.The tower is located at least 1,500 feet from the nearest residential structure.
C.Except for periodic maintenance checks, very little vehicular traffic will be generated by this
use.
D.The site is located in the Ogden Volunteer Fire Department District.
E.Currently, the site has access to Market Street. (Note: Future access is uncertain. The
planned Wilmington By-pass crosses the tract just south of the tower site.)
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Communications towers are permitted by Special Use Permit in the R-15 Residential District.
The property is zoned R-15.
B.The tower height is 500 feet. It will be at least 1,500 feet from any residential structure.
C.The tower and all supporting guide wires are at least 50 feet from any property line.
D.There are no known environmental or conservation impacts. The site consists of pocosin
vegetation underlaid by Murville and Leon soils. Also, there are no historical, archeological
sites or plant and animal areas of special significance associated with the tract.
E.Because the applicant proposes to build a radio broadcasting tower to transmit an FM signal,
an affidavit specifying collocation efforts was not required by Staff.
F.The proposed tower height complies with the Airport Height Ordinance.
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.To date, no information has been provided to indicate a tower constructed at this location
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 452
would have a negative impact on nearby property values.
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 for New Hanover County
based upon the following findings:
A.Land in the general area is primarily undeveloped. There are scattered residential uses,
primarily in Greenview Ranches which abuts the tract to the west. Extensive commercial
development is located along the frontage of Market Street, featured by the recently
constructed Porters Neck Shopping Center.
Staff Planner Avery requested the Board to consider the following comments:
?
Since the tower exceeds 150 feet in height, it must be engineered to accommodate at least
two additional communications vendor/cellular, PCS, Digital, paging and related technology.
?
As noted above, the construction of the Wilmington By-pass will have a profound impact on
future access to the site. The applicant should be able to demonstrate just how future access
will be provided.
?
Even though the tower will be about 2,100 feet from Market Street, it will nonetheless be
prominently visible, especially when the Wilmington By-pass interchange is constructed.
Chairman Caster asked if the petitioner would like to comment.
Ms. Martha Lee, the petitioner and general manager of the Wrightsville Beach Radio Station,
reported the radio station had been in development for 10 years and approval has been received from
the FCC contingent upon construction of a 500 foot radio communications towers. Once the tower
is constructed, 30 co-users will be able to locate on the tower, which will eliminate the construction
of additional towers. The FAA has approved the tower location, and the base will be 300 feet from
any property line. The base and guide wires will be enclosed by a chain link fence. The Board was
requested to grant the Special Use Permit so that Wrightsville Beach can have a radio station.
Chairman Caster asked Ms. Lee if she agreed with the findings as presented.
Ms. Lee concurred with the findings presented.
Vice-Chairman Greer commented on the agenda information indicating that two vendors
would collocate on the tower, and he asked if 30 vendors would be locating on the tower?
Ms. Lee stated after discussing the matter with the FCC, it was learned that 30 vendors would
be able collocate on the tower.
Vice-Chairman Greer asked if a hurricane should hit the beach, would the tower collapse in
a safe manner.
Staff Planner Avery advised that a collapsible tower will be included as a condition of the
Special Use Permit.
Chairman Caster asked if any other persons sworn in would like to comment.
There being no comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a
Special Use Permit to Martha Lee for location of a radio communications tower in the 8300 block
of Market Street based upon the evidence presented and findings of fact concluding 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
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 453
the Zoning Ordinance; the use will not substantially injure the value of adjoining 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 II, Page 23.
PUBLIC HEARING TO CONSIDER A REQUEST BY RICHARD NOYES TO MODIFY
THE SETBACK REQUIREMENTS FOR NON-RESIDENTIAL USES WHEN LOCATED
ADJACENT TO VACANT OR NON-PLATTED RESIDENTIAL ZONING DISTRICTS (A-
290, 4/98)
Staff Planner, Pete Avery, reported the Planning Board voted unanimously to recommend
approval of modifying the setback requirements for non-residential uses when located adjacent to a
vacant or non-platted residential zoning district. The Planning Board chose to provide setback relief
only in situations where the non-residential district was adjacent to non-residential uses in residential
districts. The Planning Board also decided that in these situations the minimum setback could be 20
feet, not the minimums specified in the setback table as suggested by staff. The applicant agreed with
the Planning Board’s recommendations. No opposition was present.
Planning Board
The recommendation of thereads as follows:
Section 69.11:
The minimum required setbacks for structures located within commercial,
office and institutional and industrial districts abutting residential uses and/or platted lots on
residentially zoned property shall be calculated from Table 69.11 utilizing the following
formulas. Where the adjacent residential district is occupied by non-residential uses, the
minimum setback shall be twenty (20) feet.
Chairman Caster asked if anyone from the public would like to comment.
There being no comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the
modification to Section 69.11 as recommended by the Planning Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIV, Page 21.
DISCUSSION OF CONDEMNING PROPERTIES IN GREENVIEW RANCHES FOR
PUBLIC PURPOSE
Vice-Chairman Greer reported that Greenview Ranches cannot be developed because of legal
entanglements with small pieces of property owned by people living throughout the country. He
recommended that staff check into the possibility of condemning the property for public use. The
condemnation process could be implemented over a number of years to allow persons to claim their
properties and receive payment for the value of the land from New Hanover County. This would
provide an opportunity for the County to own a large parcel of land that could be used as a site for
a park or future school.
County Attorney Copley advised there will be hundreds of property owners involved in the
condemnation process. First, the property must be condemned for public purpose showing the
County has not just arbitrarily taken the land. The process will require a long period of time because
the value of each lot must be determined so the property owners can be reimbursed. Also, each
property owner has the right to file a complaint through the court system.
Chairman Caster requested the County Attorney and Planning Staff to prepare a brief
summary on the number of parcels involved and the potential uses of the land by New Hanover
County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 454
County Manager O’Neal noted that wetlands were scattered throughout the tract of land as
well as other areas of environmental concern. There are a number of public purposes that can be
considered which are not construction projects, such as parks, natural spaces, and a well head
protection plan. Legally, the condemnation would be a massive undertaking for the Legal
Department; however, staff will be glad to present a brief report on this item.
ACTION DEFERRED ON ADOPTION OF A RESOLUTION TO REQUEST THE NORTH
CAROLINA GENERAL ASSEMBLY TO ENACT INTO LAW A ONE-CENT LOCAL
OPTION SALES TAX FOR ALL NORTH CAROLINA COUNTIES
Chairman Caster advised the North Carolina Association of County Commissioners has been
in the process of trying to pass a statewide bill to allow counties to enact a local option sales tax.
Many members of the Board feel that revenue generated for this tax could be used to fund capital
projects in lieu of increasing the property tax.
Discussion followed on whether the N. C. General Assembly will approve the bill during the
Short Session of the General Assembly. Vice-Chairman Greer reported there was a possibility of
the bill being enacted.
After discussion of the resolution, Vice-Chairman Greer recommended the following changes:
1.Since the N. C. General Assembly will determine the amount of the sales tax, the one-cent
should be removed from the resolution with inclusion of the following verbiage: The ability
to access a local option sales tax.
2.Include a clause that will require voter approval.
3.The revenue generated from the sales tax must be used for specified purposes.
4.Since there is a misunderstanding about New Hanover County requesting the General
Assembly to allow the County to implement an additional sales tax, the resolution should
clearly state that New Hanover County will join the effort of the N. C. Association of County
Commissioners to pass a statewide bill.
Discussion followed on whether to remove the one-cent figure from the resolution and use
the verbiage proposed by Vice-Chairman Greer. After further discussion, the Board agreed to leave
the one-cent figure in the resolution.
Vice-Chairman Greer advised that discussion has been held about the local option sales tax
not being charged to food. With discussion in the General Assembly to eliminate the sales tax on
food, it appears the tax will not apply to food.
Commissioner Davis asked if a sunset provision should be included in the resolution?
Vice-Chairman Greer responded the N. C. Association of County Commissioners voted not
to include a sunset clause. He stated, in his opinion, the local option sales tax will not receive voter
approval without a sunset clause.
Consensus:
It was the consensus of the Board to defer action and request staff to amend the
resolution with the following changes: (1) allow the one-cent figure to remain in the resolution; (2)
require voter approval; (3) earmark the sales tax for specified uses; (4) include a sunset provision; and
(5) join in with the N. C. Association of County Commissioners to pass a statewide bill.
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 9:30 p.m. until 9:35 p.m. to hold a
meeting of the New Hanover County Water and Sewer District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 455
ADDITIONAL ITEMS - COUNTY MANAGER
REMINDER OF HURRICANE MEDIA DRILL
County Manager O’Neal announced the Hurricane Media Drill will be held on June 16, 1998,
in Room 317 of the New Hanover County Judicial Building. The courts will be closed on June 15,
16, and 17 because of a judges conference. Once more information is received, the Board will be
updated on the event.
REMINDER OF BUDGET WORK SESSION
County Manager O’Neal reminded the Board of the Budget Work Session planned for May
5, 1998, at 5:00 p.m. in Room 501 of the New Hanover County Administration Building, 320
Chestnut Street, Wilmington, North Carolina.
Commissioner Birzenieks stated that a special meeting of the Hospital Board of Trustees had
been called at 4:00 p.m. on May 5; therefore, he would be approximately 30 minutes late for the
Budget Work Session.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ANNOUNCEMENT OF CAPE FEAR COMMUNITY COLLEGE COMMENCEMENT
CEREMONY
Commissioner Davis announced the Cape Fear Community College Commencement
Ceremony will be held on Friday, May 8, 1998, at 7:00 p.m. in Brogden Hall. He requested the
Commissioners to attend if at all possible.
DISCUSSION OF APPOINTMENTS TO THE NEW HANOVER COUNTY COMMUNITY
ACTION, INC. BOARD OF DIRECTORS
Chairman Caster reported approximately a year ago, Mr. Johnny McCoy was appointed to
serve on the New Hanover County Community Action, Inc. Board of Directors. Mr. McCoy is still
serving; however, the former Board appointed his designee, Mr. Steve Bilzi, but with a change in
management, he was never contacted by Community Action, Inc.
Chairman Caster requested the Clerk to the Board, Lucie F. Harrell, to explain the
appointment process.
Ms. Harrell reported the by-laws state that each County Commissioner can serve on the
Community Action, Inc. Board of Directors or appoint a designee to fill the position. No
advertisement is required. If Mr. Bilzi is appointed, and Mr. McCoy is still serving, the
Commissioners can appoint three persons to serve as designees on the board.
After further discussion, the Ms. Harrell was requested to write a brief summary on the
functions of New Hanover County Community Action, Inc.
DISCUSSION OF RESOLUTION ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS REGARDING REMOVAL OF THE LOCK AND DAM SYSTEM ON
THE CAPE FEAR RIVER
Chairman Caster reported that Mayor Hicks was concerned about the wording in the
resolution adopted by the Board of County Commissioners regarding the removal of the lock and dam
system on the Cape Fear River. The Mayor feels the resolution supports the removal of the system
without enough concern for the consequences of this action.
Chairman Caster stated after reading the resolution, he felt the wording did address the issue
of possible consequences to current and future development of the river as well as the ecology, if
the lock and dam system is removed. Also, the resolution recommends that all parties involved
should thoroughly study the possible consequences before the system is removed.
After further discussion, the Board concluded the resolution was satisfactory.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, MAY 4, 1998PAGE 456
DISCUSSION OF FUNDING REQUEST TO UPGRADE THE USS NORTH CAROLINA
BATTLESHIP
Chairman Caster informed the Board that “Operation Ship Shape” would be requesting
funding in the amount of $75,000 to restore the USS North Carolina Battleship. Also, the Cape Fear
River Assembly and Cape Fear River Watch group would be requesting funding for the next fiscal
year.
County Manager O’Neal advised the “Operation Ship Shape” item would be placed on the
agenda for May 18, 1998.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 9:40 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board