1998-07-13 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 565
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, July
13, 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;
Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley;
and Deputy Clerk to the Board, Teresa P. Elmore.
Vice-Chairman Robert G. Greer was out of town on vacation and attending the NACo
Conference in Portland, Oregon.
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 Howell 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.
Mayor Hicks Comments Concerning Joint Purchase of Cape Fear Utilities and Quality Water
Supplies
Mayor Hamilton Hicks of the City of Wilmington requested the Commissioners to have a joint
meeting with City Council prior to taking any action regarding the purchase of the Cape Fear Utilities
and Quality Water Supplies. He commented that it would be in the best interest of City and County
water customers if a joint acquisition of the systems could be arranged. He referenced a letter from
the City Attorney to the County Attorney regarding a proposed mechanism for a joint acquisition.
Mayor Hicks stated that although the Joint Utility Committee was unsuccessful in completing
its work as stipulated in the resolutions that were adopted by both boards, it is the desire of City
Council to discuss the issue of a joint acquisition and a jointly-funded independent study to
consolidate both utilities. He urged the Commissioners to meet with City Council as soon as it can
be arranged and cooperatively discuss the issues to make this important decision.
Chairman Caster recognized Councilman J. C. Hearne in attendance and expressed
appreciation to both the Mayor and Councilman Hearne for attending the Board’s meeting regarding
the purchase of the water systems.
Comments Concerning Contract with Service Designs Associates
Ms. Bonnie Sibbitt, Child Support Supervisor at the Department of Social Services, spoke
concerning Consent Item #26, for the approval of contract with Service Designs Associates to
operate the Child Support Program. Under the privatization contract, the employees of the Child
Support Program will become employees of Service Designs Associates. She spoke of her desire to
remain a county employee and continue working in the Child Support Program until she is eligible
to receive full retirement benefits in 22 months. She requested the Commissioners to make an
exception and allow the employees to remain with the County until their retirement.
County Manager O’Neal replied that the County had offered other employment opportunities
in the Department to the employees of the Child Support Program who did not want to transfer to
SDA. Although it may be unfortunate from the employee perspective, the citizens of the County are
better served with SDA providing the Child Support Program.
Ms. Sibbitt responded she appreciated the County’s offer of another position in the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 566
Department, but she felt that her experience and training would best serve the citizens of New
Hanover County if she remained in the Child Support Program.
Chairman Caster commented that he is a supporter of privatization. If Ms. Sibbitt has been
offered an opportunity to remain in the Department of Social Services, the County is unable to do
anything more.
Mr. Larry Mays, Child Support Agent with the Department of Social Services, stated he had
enjoyed his years of employment with the County. He requested the Commissioners to allow him to
be a contract employee for two years in order for him to reach 20 years of service with the County.
Two years of service can make or break his financial status, but two years will not make a difference
for the County. SDA will not have the best benefits for its employees. He asked the Commissioners
to consider the individual and make the decision that will allow him to enjoy the benefits of a County
retirement.
County Manager O’Neal stated he had great empathy for these employees and he expressed
appreciation for the dedicated employees of the Department of Social Services. As in the transfer of
EMS to New Hanover Regional Medical Center, it was determined the service is best provided in
another manner. The County’s responsibility is to provide services in the most economic and humane
manner possible.
Chairman Caster encouraged the employees to accept the offer to remain as County
employees so they can continue their retirement program. He thanked the employees for attending
the meeting.
CONSIDERATION OF AMENDING THE COUNTY CODE TO INCLUDE THE TOWN OF
CAROLINA BEACH AS A MEMBER OF THE HUMAN RELATIONS COMMISSION
Chairman Caster stated Director Anthony Wade had requested to move this item from the end
of the agenda in order for Mayor Ray Rothrock of the Town of Carolina Beach to be present. Later
on in the evening, Mayor Rothrock was to attend the oath of office ceremony for the new police chief
of Carolina Beach.
Mr. Anthony Wade, the Director of the Human Relations Commission, stated it was a
pleasure to add the Town of Carolina Beach as a member of the Human Relations Commission. With
the addition, all municipalities in New Hanover County are represented on the Commission. He
spoke of the importance of having different facets of the community working together on the
Commission. On behalf of the Commission, Director Wade requested the Board to adopt an
ordinance to add Carolina Beach as a member. The Town Council of Carolina Beach will be eligible
to appoint one member to the Commission. He thanked Mayor Rothrock and Iris Orecchia for
attending the meeting.
Mayor Rothrock commented he had met with Director Wade to discuss the many functions
of the Human Relations Commission and he complimented staff’s dedication to provide the various
program for the citizens of New Hanover County. He introduced Ms. Iris Orecchia, the town’s new
representative on the Human Relations Commission.
Chairman Caster thanked Mayor Rothrock and Ms. Orecchia for attending the meeting and
welcomed them as a part of the Human Relations Commission.
Motion:
Commissioner Birzenieks stated as the Commissioners’ representative on the Human
Relation Commission, he was very much in favor of Carolina Beach joining the Commission. He
MOVED, SECONDED by Commissioner Davis, to adopt an ordinance to add the Town of Carolina
Beach as a member of the Human Relations Commission. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 567
Absent:Vice Chairman Greer
An Ordinance amending Chapter 6.5 Discrimination will be codified into the New Hanover
County Code.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested removal of Items 17, 18, 32, and 35 from the Consent Agenda for
further discussion.
Commissioner Howell requested the removal of Consent Item 7 for further discussion in
conjunction with a similar item on the Water and Sewer District Agenda.
Commissioner Birzenieks requested the removal of Consent Item 12 for further discussion.
Commissioner Davis requested the removal of Consent Item 26 for further discussion.
Discussion followed on the following items:
Consent Agenda Item 12:
Commissioner Birzenieks asked why the two Public Health Nurse I
positions were being requested when the Budget was just approved at the last meeting.
Ms. Betty Creech, Community Health Director in charge of School Health, replied the Board
of Education had requested the Health Department to add the positions after the adoption of the
County’s FY 1998-99 Budget. The nursing positions are needed when school begins in August. The
Board of Education will fully fund the positions.
Commissioner Birzenieks asked where did the school board receive the funding for the two
positions.
Ms. Creech responded the funds for the Health Department will be part of the contract
agreement between the School Board and the Health Department.
County Manager O’Neal explained the funding is from the County’s appropriation to the
Board of Education’s FY 1998-99 Budget and not from a State grant. He stated he was unaware that
the position request would be handled in this manner. Essentially, the positions should have been
approved in the Budget as new positions for the Health Department. No additional County funding
will be provided for the positions.
Commissioner Birzenieks commented the Commissioners had the responsibility to safeguard
the integrity of the budget process. The Public Health Nurse I positions should have been approved
during the normal budget process. Nevertheless, he agreed with adding the positions.
Consent Agenda Items 17 and 18:
Chairman Caster commented that the County had used Post,
Buckley, Schuh and Jernigan to design and close prior landfill cells. The logic has been if they
designed the cell and laid the liners, then they should close the cell. Since the County was ready for
the design work on Cell 5, he felt that another engineering firm should be used to give assurance that
the current landfill process is the best way.
Ray Church, Director of Environmental Management, explained that the design field, called
the footprint of the cells, includes cells 2 to 6. PBS&J has been asked to design both 5A and 5B at
the same time because the waste stream has grown tremendously since the hurricane. Cell 4B,
designed in January 6, 1996, was half-way filled as of February 1998. Future cells that should last
for 2 ½ years, may only last a year. Cell 5 is a continuation of subcells 2 to 6. Upon closure, the two
subcells will become one large cell of 30 acres in size and will be a part
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 568
of the overall footprint.
Chairman Caster asked when work will begin on Parcel 2.
Director Church responded that the County does not have the necessary permits for Parcel
2. Calculations given at the last meeting of the Solid Waste Advisory Board indicated that the current
landfill area should last another 14 years. In previous discussions, staff has recommended that the
design engineer be responsible for all the cells within the same footprint. The County will want to
consider other engineering firms when designing Parcel 2. The State will provide information on
competitive engineering firms that perform the work. Because of the long relationship with the
County, PBS&J gave the County a better price than other engineering firms.
Consent Agenda Item 32:
Chairman Caster reported he had talked with John Allen of Hughes
Brothers Tire Company about awarding the Scrap Tire Processing contract to Central Carolina Tire.
Mr. Allen supported the award of contract to Central Carolina Tire and felt some of the past problems
will be resolved.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve
the Consent Agenda Items. Upon vote, the MOTION CARRIED as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Work Session with the Airport Authority, May 14, 1998
Work Session on Pages Creek Stormwater Management Study, May 14, 1998
Budget Work Session, May 28, 1998
Space Needs Study Work Session, May 28, 1998
Regular Meeting, June 1, 1998
Regular Meeting, June 15, 1998
Authorization for the County Library to File a Grant Application for FY 1998 State Aid to
Public Libraries
The Commissioners authorized the County Library to file a grant application for the FY 1998-
99 State Aid to Public Libraries in the amount of $196,326 and to accept the funds if awarded. The
County will submit the certified Maintenance of Effort Report and Declaration and the State Aid
application by August 31, 1998, in order for the Library to receive its share of funding.
Acceptance of Retired Senior Volunteer Program (RSVP) Grant for FY 1998-99
The Commissioners accepted an RSVP grant for FY 1998-99 in the amount of $48,962. The
County’s contribution is $42,990, which is budgeted in RSVP’s 1999 budget. The three-year grant
awarded last year, supports funding for 600 volunteers working in New Hanover County. The
County Manager was authorized to sign the documents.
Acceptance of FY 1998-99 Criminal Justice Partnership Program Implementation Grant in
the Amount of $155,836
The Commissioners accepted a grant from the North Carolina Department of Correction for
the Criminal Justice Partnership Program. The implementation grant provides funds for the Day
Sentencing Center and the Pretrial Release Program. No County match is required. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 569
authorizing official is the Deputy County Manager.
Approval of Admission Fee Changes for Cape Fear Museum
The Commissioners approved the following admission/program fees for the Cape Fear
Museum as recommended by the Board of Trustees.
Adults$4.00College Students with valid ID$3.00
Children under 5FreeSenior Citizens (65+)$3.00
Associate MembersFreeChildren 5-17$1.00
Groups (12 or more)15% offNew Hanover County School groups Free
Tour brokers20% off regular admissions
Approval of Disposition of Deaccessioned Artifacts at Cape Fear Museum
The Commissioners approved the disposal of deaccessioned objects as requested by the Cape
Fear Museum and permitted by the Museum’s Collections Policy. The objects were determined to
have no value to the museum due to their poor condition, lack of historical connection to the Lower
Cape Fear, or lack of documentation. The County Manager was authorized to execute any necessary
contracts and agreements.
Adoption of Resolution Supporting HB-1495 “An Act to Protect the Privacy of Health
Information”
The Commissioners adopted a resolution in support of HB-1495, “An Act to Protect the
Privacy of Health Information. The law would establish legislative policies and guidelines to insure
the privacy of health information.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
Authorization for the Department of Aging to Submit a Grant Application to New Hanover
Regional Medical Center’s “Partner’s Program” for a Caregivers Educational Program
The Commissioners authorized the Department of Aging to submit a grant application to New
Hanover Regional Medical Center to fund a project for caregivers in the community. The project will
be a partnership between the Department of Aging, Lifewise, Elderhaus, and Cooperative Extension.
Printed materials will be developed to provide information on managing health, financial and legal
issues to caregivers of aging family members. The grant request is for $16,900, with no County
match required. If the grant is awarded, the County Manager is authorized to accept the grant and
approve related budget amendment.
Approval of Increases in Health Department Fees
The Commissioners approved the following changes in fees as recommended by the Board
of Health.
Current New
Hepatitis A (Vaccine) $ .00$25.00
Pneumonia (Vaccine) 15.00 20.00
X-Ray (Not TB Related) 20.00 30.00
Prenatal Vitamins 8.00 12.00
Authorization for the County Health Department to Submit a CHIP Grant to New Hanover
Regional Medical Center to Purchase a Weighing Table for Infants and Children
The Commissioner authorized the Health Department to submit a CHIP grant application to
New Hanover Regional Medical Center to purchase a weighing table for infants and children. The
weighing table will allow the Nutrition and Child Health Program to better serve the special needs
children who are unable to sit or stand. The grant request is for $1,507. If the grant is awarded, the
County Manager is authorized to accept the grant and approve related budget amendment.
Approval of Two Public Health Nurse I Positions for the Health Department - School
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 570
Health and Approval of Associated Budget Amendment #99-0004
The Commissioners approved two additional Public Health Nurse I Positions for School
Health. Currently, five Public Health Nurse positions serve the Schools. The Board of Education has
requested two additional nurses to serve the alternative school and the six middle schools. The
positions are fully funded by the Schools. The following budget amendment was approved:
Budget Amendment #99-0004 - Health/ School Health
Debit Credit
Contribution from Schools$68,070
Salary and Wages $50,773
FICA 3,884
Retirement 1,007
Medical Insurance 9,799
Departmental Supplies 410
Employee Reimbursement 880
Uniforms 667
Training and Travel 650
Purpose:To budget funds from the Schools for two new Public Health Nurse I positions
(salaries, benefits, and operating costs).
Authorization for the County Health Department to Submit a Grant to the North Carolina
Department of Health and Human Services for HIV/STD Risk Reduction Funds for the Teen
AIDS Prevention Project
The Commissioner authorized the Health Department to submit a grant application to North
Carolina Department of Health and Human Services, Division of Epidemiology - HIV/STD
Prevention and Care Section. The request is for funding in the amount of $50,000 to conduct
HIV/STD risk reduction education to adolescents (13 to 19 years old) at risk for HIV/STD infection
in New Hanover County. The funds will be used to pay the salary and fringe benefits for a Teen
Health Educator/Prevention Coordinator and operating expenses. No County funds are required.
If the grant is awarded, the County Manager is authorized to accept the grant and approve related
budget amendment.
Acceptance of New Hanover County and New Hanover County Fire District Tax Collection
Reports
The Commissioners accepted the following Tax Collection Reports through June 30, 1998,
as submitted by the Collector of Revenue, Patricia J. Raynor:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXIV, Page 25.
Approval of Policy on Patent and Copyright Procedures
The Commissioners approved the Policy on Patent and Copyright Procedures. The policy
addresses issues of ownership of patents and copyrights developed by County employees where the
invention related to the employees’ work activities or other County resources.
A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXIV, Page 25.
Approval of Budget Amendment #98-48 to Close I-40 Vision Software Capital Project Fund
The Commissioners approved the following Budget Amendment:
Budget Amendment #98-48 - I-40 Vision Software Capital Project
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 571
Debit Credit
Sales Tax Refund $ 4,661
Capital Project Expense$51,329
Transfers $55,990
Purpose:For accounting purposes only - to close fund.
Adoption of Resolution to Award Contract #98-0479 to Post, Buckley, Schuh and Jernigan,
Inc. for Closure of Landfill Cell 3B
The Commissioners adopted a resolution awarding a contract to Post, Buckley, Schuh and
Jernigan, Inc. for engineering design services for the closure of Cell 3B at the County Landfill. The
contract amount is $120,624.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
A copy of the contract is on file in the Legal Department
Award of Contract #98-0480 for Landfill Cell 5 Design to Post, Buckley, Schuh and Jernigan,
Inc.
The Commissioners adopted a resolution awarding a contract for engineering design services
for the construction design of Cell 5 at the County Landfill to Post, Buckley, Schuh and Jernigan, Inc.
The contract amount is $109,980.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
A copy of the contract is on file in the Legal Department
Adoption of Capital Project Ordinance for Pilots Ridge Park Project and Approval of
Associated Budget Amendment #99-02
The Commissioners adopted the Capital Project Ordinance and approved the associated
budget amendment to establish the budget for the Pilots Ridge Park project.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit XXIV, Page 25.
Budget Amendment #99-02 - Pilots Ridge Park Capital Project
Debit Credit
Transfer in from General Fund$300,000
Capital Project Expense$300,000
Purpose:To establish budget according to Capital Project Ordinance.
Adoption of the Capital Project Ordinance for the Old Courthouse Renovation Projectand
Approval of Associated Budget Amendment #99-01
The Commissioners adopted the Capital Project Ordinance and approved the associated
budget amendment to establish the budget for the Old Courthouse Renovation project.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit XXIV, Page 25.
Budget Amendment #99-01 - Old Courthouse Renovation Capital Project
Debit Credit
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 572
Transfer in from General Fund$500,000
Capital Project Expense$500,000
Purpose:To establish budget according to Capital Project Ordinance.
Adoption of Resolution Requesting to Add North Carolina Avenue to the State Highway
System
The Commissioners adopted a resolution to request the North Carolina Department of
Transportation to add North Carolina 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 25.
Acceptance of Grant Awarded to Emergency Management from the North Carolina
Department of Crime Control and Public Safety - Division of Emergency Management and
Approval of Budget Amendment #99-0001
The Commissioners accepted the North Carolina Department of Crime Control and Public
Safety, Division of Emergency Management grant award in the amount of $2,276.60 and approved
the associated budget amendment. The funds will be used to purchase a digital camera, a
geographical positioning system unit, and equipment for stabilizing and managing hazardous materials
emergencies. The County Manager was authorized to sign as the County Official.
Budget Amendment #99-0001 - Emergency Management
DebitCredit
Emergency Management Grant$2,277
Supplies$2,277
Purpose:To budget grant awarded to Emergency Management from the N. C. Department of
Crime Control and Public Safety - Division of Emergency Management.
Acceptance of Grant Awarded to Domestic Violence Shelter from the North Carolina
Department of Crime Control and Public Safety - Governor’s Crime Commission
The Commissioners accepted the Victims of Crime Act grant award in the amount of
$64,107.04 and authorized the County Manager to sign the grant as the authorized County official.
The funds will be used to provide direct client services to victims of domestic violence. The grant
will flow through a County escrow account with the County responsible for fiscal control of the
funding.
Acceptance of Grant Awarded to Coastal Horizons Center from the North Carolina
Department of Crime Control and Public Safety - Governor’s Crime Commission
The Commissioners accepted the Victims of Crime Act grant award in the amount of $98,388
and authorized the County Manager to sign the grant as the authorized County official. The funds
will be used to provide direct client services to victims of sexual assault and abuse. The grant will
flow through a County escrow account with the County responsible for fiscal control of the funding.
Authorization for the County Health Department to Submit a Project Assist Grant for a Clean
Indoor Air Workshop
The Commissioner authorized the Health Department to submit a Project Assist Grant
application to the North Carolina Department of Health and Human Services, Division of Community
Health, to conduct a Clean Indoor Air Workshop, a campaign to increase voluntary nonsmoking
policies in work sites, restaurants, and youth facilities. The grant request is for $3,200. If the grant
is awarded, the County Manager is authorized to accept the grant and approve related budget
amendment.
Approval of Amendments to the Bylaws of the Cape Fear Museum Board of Trustees
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 573
The Commissioners approved amendments to the Bylaws of the Cape Fear Museum Board
of Trustees as submitted. Items were added to Article II: Board of Trustees, which specifies the
qualifications of trustees and a method for reporting absences of members.
Adoption of Resolution to Endorse Columbus County’s Request for Special Legislation to
Allow Columbus County Employees to Participate in State Medical Insurance Program
The Commissioners adopted a resolution to endorse Columbus County’s request for Special
Legislation to allow Columbus County Employees to participate in the State Medical Insurance
Program.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
Approval to Allow the New Hanover Transportation Service Program to Use the Former ABC
Store Facility at 1020 N. Third Street
The Commissioners approved the use of the former ABC Store Facility at 1020 N. Third
Street for the New Hanover Transportation Service Program. The property has been vacated and
deeded to New Hanover County. Additional parking spaces will be leased from Community Health
Center at the rate of $300 per month for 23 vehicles. Funds to lease the parking spaces will come
from the North Carolina Department of Transportation, Community Transportation Program Grant
for FY 1998-99.
Authorization for New Hanover Transportation Service to Apply for Elderly/Disabled
Transportation Assistance Grant from the North Carolina Department of Transportation
The Commissioners authorized the New Hanover Transportation Service to submit a grant
application to the North Carolina Department of Transportation for the Elderly/Disabled
Transportation Assistance Program. The grant request is for $65,973 and will be used to provide
transportation services to elderly and disabled residents. If the grant is awarded, the County Manager
is authorized to accept the grant and approve related budget amendment.
Award of Bid #98-0408 (Contract #98-0408) to American Uniform Sales, Inc. to Purchase
Uniforms for the Sheriff’s Department
The Commissioners adopted a resolution awarding Bid #98-0408 to American Uniform Sales,
Inc., the lowest responsible bidder, to purchase uniforms for the Sheriff’s Department. The contract
amount is $38,480.20.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
Award of Bid #98-0482 (Contract #98-482) to Central Carolina Tire Disposal for Scrap Tire
Processing
The Commissioners adopted a resolution awarding Bid #98-0482 to Central Carolina Tire
Disposal, the lowest responsible bidder, to provide collection, transportation, processing, and
management of scrap tires generated in New Hanover County. The contract amount is $78.00 per
ton.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
Approval to Renew Lease Agreement for the Plaza East Branch Library
The Commissioners approved the renewal of the lease agreement for the Plaza East Branch
Library. The lease agreement with Wilmington Holding Corporation is for one year from January 1,
1999 to December 31, 1999. The base rent is $2,862.75 per month, $34,353.00 annually. To
continue the lease will allow the Hannaford Building/Northeast Branch Library to be completed in
a seamless transition to the new space.
A copy of the lease agreement is on file in the Legal Department.
Authorization for the County Library to Submit EZ-LSTA Grant under the Federal
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
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Library Services and Technology Act to Purchase PC Work Stations
The Commissioner authorized the County Library to submit EZ-LSTA Grant application to
fund the purchase of PC work stations. The grant request is for $10,000 and will provide public
access to the Internet and electronic resources. If the grant is awarded, the County Manager is
authorized to accept the grant and approve related budget amendment.
Authorization to Reclassify One Code Enforcement Official to Assistant Chief Zoning Officer
in the Inspections Department
The Commissioners authorized the reclassification of one Code Enforcement Official to
Assistant Chief Zoning Officer in the Zoning Code Enforcement Division of the Inspections
Department. Because the work load of the Chief Zoning Officer has exceeded the resources presently
allocated to management and supervision of the Zoning Code Enforcement Division, one of the Code
Enforcement Officials has been assigned more responsibilities. The reclassification will match the
responsibilities currently assigned to the position and create a new job title. No additional funding
is required.
Consideration of Resolution to Award Bid #98-0337 (Contract #98-0337A) to Aggreko, Inc.
to Provide Hurricane Protection Services for the Emergency Management Department.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to adopt a
resolution awarding the bid to Aggreko, Inc. for the rental of generators on an as needed basis. The
contract is for one year and establishes the rental rates for the units and the yearly availability fee at
$23,760.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
A copy of the contract is on file in the Legal Department.
Consideration of Contract with Service Designs Associates to Operate the Child Support
Program for the Department of Social Services
Commissioner Davis asked if the information was correct in saying that the County will be
paid $175,000. County Manager O’Neal replied that the County will receive revenues over
expenditures of no less than $175,000 in each year of the contract.
Commissioner Davis expressed concern that the County employees in the Child Support
Program would lose some of their retirement and other benefits if they were transferred to a private
company.
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster, to approve the
contract with Service Designs Associates. Upon vote, the MOTION RECEIVED A TIE VOTE AS
FOLLOWS:
Voting Aye:Commissioner Howell
Chairman Caster
Voting No:Commissioner Birzenieks
Commissioner Davis
Absent:Vice Chairman Greer
The item will be reconsidered at the meeting on August 3, 1998.
Consideration of Grant Applications for Project for Happier Lives Funding
Chairman Caster reported when the grant application was last discussed by the Board, he had
requested information on how the County could cooperate with other agencies that provide
pregnancy prevention programs. In reading the information in the agenda package, Judge Burnett
had removed the monetary incentives from the program. However, no information is included on
how the County can support the agencies that provide pregnancy
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 575
prevention programs.
Lynda Smith, Assistant Director of the Health Department, replied the Board of Health
directed staff to research the agencies in the County to see what was being done regarding the
prevention of adolescence pregnancy. The list of agencies was given to the Board’s Health
Promotion Committee to investigate ways to collaborate with these agencies.
Commissioner Birzenieks asked what was the Board of Health’s vote on the grant application.
Assistant Health Director Smith replied that after several months of discussion, the program
was approved by a 5 to 3 vote.
Commissioner Davis commented that he shared Chairman Caster’s concern of several
different programs trying to address the problem of teen pregnancy. Girls, Inc. requested funding
from the County during the budget process for a program for young girls. The Commissioners voted
to give them the money because it was a well-established program and had shown success.
Chairman Caster stated the Commissioners referred the plan back to the Board of Health for
recommendations on new incentives and a listing of available resources to ensure success of the
program. His intent was for the Health Department to come back with a combined united program
to tackle teen pregnancy.
Ms. Betty Jean McCorkle, Director of Women’s Health Care Division, stated although several
programs address the issue of teen pregnancies, no single program will resolve the problem. Teen
pregnancy is a complex problem and it will take several strategies to tackle the problem. A multi-
faceted program that tackles every single issue would be too large for one agency to assume.
She agreed with the Commissioners that better communication and collaboration between the
agencies will improve the results. Meetings were held last week with Gary Garris, of Cape Fear
Foundation, and Connie Parker, Chairman of WHAT, to discuss how the agencies can work together
to combat the problem.
Chairman Caster asked about the incentives in the program, which include drawings at
educational meetings and scholarships to Cape Fear Community College.
Ms. McCorkle responded no money will be offered to the participants in the program.
Information from the other agencies shows that some type of incentives are used, but none of the
programs gives cash prizes. Incentives include: field trips, baby gifts for the parenting classes, food,
free hair or nail appointments, etc.
In response to how many agencies request funding from elected officials, Ms. McCorkle
responded that Girls, Inc. and the Community Boys and Girls Club receive County funding.
Commissioner Birzenieks asked why a public organization should address the issue when five
private-not-for-profit organizations are working on the problem. What will the Health Department
provide that will be different or better than the other programs?
Assistant Health Director Smith responded as public health professionals, one aspect of health
care addresses teenage pregnancy. The Health Department applies for grant money to support these
on-going health programs.
Ms. McCorkle stated teenage pregnancy is a complex socio-economic problem and no one
program can address all the issues relating to teenage pregnancy. The issues are problems associated
with crime, poverty, lack of education, lack of future goals, and lack of self-esteem. A program may
focus on one or two aspects of the problem. The Girls, Inc. program reaches young ladies at certain
ages and leads them through a curriculum as they grow and develop.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 576
Project for Happier Lives focuses on goal setting, career planning, physical sexuality education, and
education for future planning and careers.
Commissioner Birzenieks asked how a young person would choose between the six programs
that are offered. Ms. McCorkle replied that it depends on factors such as where the teenager lives
or her activities. Project for Happier Lives plans to reach out to those in the neighborhoods with the
most teenage pregnancies.
Ms. Gela Hunter, a member of the Board of Health, spoke on the efforts of the program to
prevent teenage pregnancies. Although several programs are addressing the problem, more than 400
teenage pregnancies occurred in New Hanover County last year. She felt the Health Department
should administer the Project for Happier Lives because teenage pregnancy is a health issue that
health professionals are equipped to handle. The Health Promotions Committee will propose a task
force of those agencies working to prevent teenage pregnancies. If the project is approved, health
professionals will have an avenue to help the organizations in a new approach.
Motion:
Commissioner Howell MOVED to approve the Project for Happier Lives grant application
for the Health Department. THE MOTION DID NOT RECEIVE A SECOND. Chairman Caster
declared that the grant application was not approved.
CONSIDERATION OF AWARD OF CONTRACT TO SMITH GAGE ARCHITECTS FOR
DESIGN OF NORTHEAST BRANCH LIBRARY
County Manager O’Neal reported the Project Committee appointed by the Commissioners
interviewed four firms on the design possibilities of the Northeast Branch Library. Smith Gage
Architect was selected for the design services because they were best equipped to handle the project
and had prepared research on the potential for creating a nice library with the constraints of the
building. The scope of work will include preparation of preliminary design, detailed design,
construction documents, and construction administration for the renovation of the former Hannaford
Building. The cost of the services will be 9.4% of the construction costs and the contract will be
approximately $78,000.
Mrs. Jane Freeman, Chairperson of the Northeast Library Action Committee, reported the
committee had collected more than $329,000 in pledges and money. She complimented the efforts
of hundreds of volunteers who have supported the cause. The fundraising campaign has included
book sales, raffles for beanie babies, a book signing with Nicholas Sparks, and the Treasure Chest
sale, which brought in $44,000. Future plans include an event with John Golden on August 15, 1998,
a wine and cheese party at Porter’s Neck, a raffle, a Maine lobster seafood bake, and another book
signing. She was optimistic about the plans for the library and raising $1 million; however, a design
plan of the proposed library will be very influential in the campaign efforts. She expressed
appreciation to the Commissioners for their support of the Northeast Branch Library. A list of the
donors was presented to the Chairman.
Commissioner Birzenieks expressed appreciation to Mrs. Freeman for the great job she had
done as the Chairperson, especially in the fundraising effort of the Treasure Chest sale of May, 1998.
Chairman Caster asked who will pay the architect fees for the design plan, the County or the
fundraising committee.
County Manager O’Neal replied that the architect will be paid from the County’s portion of
the project, which also includes the furnishings of the building.
Chairman Caster felt the architect fees should be paid from the fundraising effort in case the
$1 million is not raised by the Northeast Library Action Committee. He also asked what the County
will do if the former library property does not sell for $500,000. Chairman Caster was concerned that
County tax dollars will be spent on a project that may not be fulfilled.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 577
Commissioner Davis commented that he had voted against the project because the funding
of the project was contingent on the private sector raising $1 million and the former library property
selling for $500,000. The citizens of the County would have money invested in a project that is
contingent upon other funding. He asked what will happen if the funding is not raised and the County
has committed funding to the project.
Mrs. Freeman responded she did not doubt that the $1 million will be raised. People will
support the library fund, but it is a matter of having a design plan to promote that effort.
County Manager O’Neal replied if the former library property is rezoned to a commercial use,
the value of the property will be $500,000. However, previous Boards have gone on record saying
that section of Military Cutoff Road will not be rezoned. There have been some inquiries on
purchasing the property, but no serious discussions.
Commissioner Birzenieks commented that the Northeast Library Action Committee will need
an architectural rendition of the facility in order to finish raising the $1 million. Enough money had
been raised to pay the architect’s fees. He felt the fees could be paid by either the County or the
Action Committee, but it was very important to move forward with the project.
Chairman Caster asked Mrs. Freeman if the fundraising committee would be willing to pay
the architect’s design fees.
Mrs. Freeman responded that the fundraising committee is a subcommittee of the Friends of
the Library, who is holding the money. She reminded the Board that a deadline to raise the money
had never been mentioned. She commented that fundraising efforts take considerable time.
Ultimately, the money for the library will be raised.
Library Director David Paynter said he will ask the Friends of the Library to pay the architect
fees from the money raised for the library project. Previously, a contribution of $42,000 was
transferred to the County for the project and could pay the initial fees.
In discussion concerning the other part of the Hannaford building, County Manager O’Neal
informed the Board that UNCW is interested in some of the space for its Adult Scholars program.
Motion
: Chairman Caster MOVED, SECONDED by Commissioner Howell, to award the contract
to Smith Gage Architects contingent upon the Friends of the Library paying for the services from
private contributions made to the Northeast Library Action Committee. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Chairman Caster
Voting No:Commissioner Davis
Absent:Chairman Greer
A copy of the contract is on file in the Legal Department.
PRESENTATION OF PAGES CREEK DRAINAGE STUDY BY W. K. DICKSON
ENGINEERING
Mr. Dan Dawson, of W. K. Dickson, spoke of the importance of the Pages Creek Study in
pointing out the need for a county-wide stormwater management program. The objectives of the
study were to assess existing stormwater conditions, evaluate alternative stormwater management
techniques, and submit recommendations for improving the County stormwater management program
based on the findings of the watershed study. The assessment began by reviewing previous
stormwater studies prepared for the County. Since 1981, the Planning department, working with
environmentalists and homeowners in the community, has provided most of the stormwater studies.
Additionally, water quality analyses from the Center for Marine
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 578
Science Research at UNCW were used. The studies show that better strategies are needed to
improve water quality through improved design standards, watershed management, and public
education.
A hydrologic study investigated the existing and anticipated watershed stormwater runoff
characteristics of Pages Creek to identify drainage system improvements and estimated costs to
construct the improvements. Rainfall events were analyzed to assess the capacities of culverts and
channels in the drainage conveyance system of the watershed. An inventory of twenty culverts and
eleven miles of channels was found to be less than adequate to convey the runoff of a ten-year rainfall
event. Culvert replacement is estimated at $287,000, and channel restoration is estimated at $4.6
million, of which $900,000 is estimated for land acquisition costs.
Environmental consequences to wetlands and water quality will need to be considered in
treating flooding problems. To mitigate the impacts, new wetlands will have to be constructed in
non-wetland areas on expensive water-front property. On Pages Creek, $36 million will address
flooding issues as well as mitigate impacts to wetlands and water quality. Another point resulting
from the watershed study was that a 20% increase in future runoffs was predicted if current zoning
and other regulations were used to fully develop the area. However, some of the undeveloped land
is floodplain and wetland areas that cannot be developed. The Commissioners may decide to add
more regulations to minimize the flood volume.
Mr. Dawson reported on public participation in the study. Only 17 people attended the public
meeting; however, follow-up interviews were conducted with a good cross section of the community.
County residents were concerned with flooding and water quality problems, but some assumed the
County had a drainage program.
In reviewing the current stormwater management programs of federal, state and local
agencies, improvements can be made in the coordination and effectiveness between the agencies at
the local level. Upcoming Phase II regulations will require the County to apply for stormwater
discharge permits under the NPDES. Anticipating the need to comply with the rules is one reason
the City established a stormwater utility fee and expanded its stormwater department.
Mr. Dawson recommended the County develop and implement a comprehensive stormwater
management program. The program should provide for integrated response to growth through
appropriate planning, financing, standards, and policies that are effective, equitable and economical.
The elements of the program should include:
1.Ordinances and policies specifically for stormwater management
2.A drainage master plan
3.Storm drainage manual with consistent design standards
4.Stormwater data for the GIS system
5.Training and public education programs for citizens at-large and those designing,
constructing, and maintaining the facilities
6.Financial management strategies: General tax revenues, special assessments, impact fees,
general obligation bonds, revenue bonds, public/private participation, private financing, and
watershed district tax.
Mr. Dawson explained that the County may want to establish a watershed management
district program for generating funds and establishing maintenance priorities. A district tax would
be deductible from the homeowner’s income tax statements and assessed to both city and county
property owners. Everyone in the County would benefit from cleaner water and better managed
stormwater. The County and City governments may have a unique opportunity to
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 579
explore ways of establishing a joint stormwater utility.
In conclusion, Mr. Dawson recommended the Board implement a comprehensive stormwater
management program without delay. He expressed appreciation for the opportunity to perform the
study for the County and he welcomed an opportunity to discuss the strategies more thoroughly in
a work session.
Chairman Caster expressed the need for the City and County governments to discuss a
combined stormwater management program, as well as having a joint water and sewer system.
Chairman Caster expressed appreciation to Mr. Dawson for the Pages Creek Watershed
Study.
STATUS REPORT ON WILMINGTON-NEW HANOVER COUNTY COMPREHENSIVE
PLAN
Assistant Planning Director Patrick Lowe presented a status report on the Wilmington-New
Hanover Comprehensive Plan and efforts made by the Comprehensive Plan Committee. The
committee developed background information for use in developing policies for the plan. As most
of the task force reports have been presented, the Committee will finish the final aspects of the plan,
specifically the land classification map and growth strategies, by the end of August. The Steering
Committee will conduct a public forum on the draft plan on September 17, 1998. After the plan is
presented to the Commissioners and City Council, the State will review the plan. A Public Hearing
will be scheduled by early 1999.
Chairman Caster reported that Commissioner Birzenieks, Councilman Harper Peterson,
Mayor Hamilton Hicks, and he serve as members of the Comprehensive Steering Committee. He
expressed appreciation to Assistant Planning Director Lowe for the update on the Comprehensive
Plan and for the staff support given to the Committee.
DISCUSSION OF PROPOSAL TO REMOVE THE SOUTHERN OUTER LOOP FROM
THE TRANSPORTATION THOROUGHFARE PLAN
Planning Director Dexter Hayes stated Commissioner Howell wanted to update the
Commissioners on discussions pertaining to the proposed Southern Outer Loop on the Transportation
Thoroughfare Plan. The Commissioners, City Council, and the Transportation Advisory Committee
(TAC) had considered having an environmental assessment of the Southern Outer Loop to more
rapidly define the alignment in more detail. However, the latest decision made by the TAC was to
not proceed with an environmental assessment. Since then, the N. C. Department of Transportation
has written the Commissioners and City Council on the status of the Thoroughfare Plan Update.
They explained part of the process was to look at alternatives of handling traffic and capacity needs
based on existing and projected population and economic growth of the City and County.
Councilman Harper Peterson, Chairman of the TAC, spoke concerning the impact of rapid
growth on roads in the city and county, and in particular, the southern part of the county. Although
the Southern Outer Loop has been on Thoroughfare Plan since 1972, land to construct the needed
facility was unavailable. If the Southern Outer Loop is removed from the Thoroughfare Plan,
alternatives will be needed. According to the letter from the State, the federal government can
potentially take back funding that was given for the present Thoroughfare Plan construction projects.
The letter list five steps that the State Transportation Planning Department will take in updating the
Thoroughfare Plan. The steps are 1) evaluate past and present growth trends in population,
employment, land use, and traffic; 2) project future growth trends; 3) assess the capacity and travel
deficiencies in the existing highway system; 4) appraise the existing thoroughfare plan of 1993; and
5) develop a revised thoroughfare plan.
Councilman Peterson reported the TAC met on June 25, 1998, to receive public comments
on the Southern Outer Loop. More than 100 people attended the meeting in the Council Chamber,
and they were mostly against an environmental impact study to define the corridor of the Southern
Loop. On July 2, 1998, the TAC met to consider adopting a resolution to pursue an environmental
impact study and it was defeated four to two. The TAC will need
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 580
to address the need for road facilities in the southern part of the County by Fall 1998.
Commissioner Howell commented that the people attending the public meeting were not
opposed to an environmental impact study as much as they were against the path of the proposed
Southern Outer Loop. They want to remove the proposed road because it affects a great number of
properties, the value of the properties, and usability of the properties. The City’s Transportation
Planner, Bill Austin, asked to delay the removal of the road from the Thoroughfare Plan; however,
Commissioner Howell felt the State would never construct the highway across two creeks. Although
traffic congestion around College Road and Oleander needs some relief, he felt other routes could
move the traffic better from Masonboro Sound and Myrtle Grove Sound areas. The purpose of
discussing the issue is to apprise the Commissioners of the TAC’s concern. Eventually, the
Commissioners will need to vote on removing the Southern Outer Loop from the map.
Chairman Caster requested the County Manager to place the issue on an upcoming agenda
for continued discussion.
Chairman Caster announced that Secretary Tolson, of the N. C. Department of
Transportation, will visit New Hanover County on August 21, 1998. This will be an opportunity to
discuss traffic concerns and the need for road improvements in the County.
BREAK
Chairman Caster called a break from 8:05 p.m. until 8:15 p.m.
PUBLIC HEARING ON THE SCHEDULES, STANDARDS, AND RULES FOR 1999
REVALUATION
Chairman Caster opened the public hearing to receive comments on the proposed Schedules,
Standards, and Rules for the 1999 General Revaluation of Real Property in New Hanover County.
The manual contains legal references to revaluation, explains the process, gives guidance to appraisers
who utilized the process of mass appraisal, and includes various elements of valuation standards from
which the appraisals are made.
Tax Administrator Roland Register reported notices of property valuations should be mailed
by the end of September or October, but no later than the end of November. The Board was given
the proposed schedule of values, the standards and rules on June 22, 1998, and a publicly-advertised
notice reported the manuals were available for inspection in the Tax Office.
No public comments were received. Chairman Caster closed the public hearing.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO DACLAR,
INC. TO CONSTRUCT A 10 SLIP PRIVATE COMMUNITY BOATING FACILITY
LOCATED AT INTRACOASTAL WATCH SUBDIVISION, 6209 MYRTLE GROVE ROAD
(S-429, 5/98)
Chairman Caster opened the Public Hearing and announced that the special use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the
Deputy Clerk to the Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Teresa Robinson, 225 Gazebo Court, Wilmington, NC
Sandra Teti, 646 Sloop Point Lane, Kure Beach, NC
Susan Wakild, 6325 Myrtle Grove Road, Wilmington, NC
Ted Brown, 6707 Myrtle Grove Road, Wilmington, NC
Fred Spike, 6119 Myrtle Grove Road, Wilmington, NC
Bonita D. Brown, 32668 Highway 210, Currie, NC
Bal Beerun, 364 Topsail Road, N. Topsail Beach, NC
Frank Teti, 646 Sloop Point Lane, Kure Beach, NC
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 581
Planning Director Dexter Hayes reported the applicant was requesting approval of a 10-slip
community boating facility to serve Intracoastal Watch, a 19 lot performance development
subdivision approved by the Technical Review Committee on May 22, 1996. The petitioner filed for
a CAMA permit; however, the application is on hold until the special use permit has been granted.
Several property owners spoke in opposition at the Public Hearing of the Planning Board. They
noted a 1085 foot pier would not be in character with similar facilities in the area and would create
potential navigational problems. The Planning Board voted 4 to 1 to recommend approval with the
condition that the pier’s length not exceed the longest adjacent pier length into the adjacent bay. The
purpose of the limitation was to ensure that the pier was not only compatible with similar facilities
in the area, but also to limit possible impediments to navigation in the adjacent bay.
Planning Director Hayes presented the following preliminary staff findings:
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.Sewer service is not required. A water connection will be provided for boat cleanups.
B.The facility will be located adjacent to the existing subdivision. Access is private.
C.The site is located in the Myrtle Grove Volunteer Fire District.
2.The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.Community boating facilities are permitted by special use permit in the R-15
Residential District. The property is zoned R-15.
B.Off-street parking will be provided at individual lots. Additional parking is available
at the development’s pool and club house area.
C.The number of slips proposed (10) does not exceed the number of lots in the
subdivision (19).
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.As a general rule, similar boating facilities tend to compliment property values.
B.Similar facilities are located on nearby properties.
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.These kinds of facilities are commonplace for similarly situated properties.
B.New Hanover County policies encourage access to its public waters.
Commissioner Davis asked Planning Director Hayes to explain the one-third rule.
Planning Director Hayes explained that the CAMA rule means that the length of pier cannot
be greater than one-third the distance to the navigable water from the shoreline. The one-third rule
depends on the measurement of the shoreline and the marsh line. The Planning Board imposed a
condition that is more restrictive than the one-third rule by saying the pier should not exceed the
length of the existing piers. The Commissioners have the option of making the length of the pier
more restrictive than the one-third rule. Daclar’s plan does not reflect a reduction in length.
Chairman Caster asked if the petitioner would like to comment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 582
Ms. Teresa Robinson, representing the Daclar Development Company, stated the application
submitted to CAMA in December 1997 used the ninety degree rule. According to CAMA
regulations, the measurement is made by using parallel lines from the shoreline at a 90 degree angle.
On March 11, 1998, the Division of Coastal Management instructed her to pivot the angle more like
the neighboring piers. She disregarded the 90 degree rule and pivoted the angle of the pier. The
Raleigh Permitting official restricted the length of the pier to the one-third rule, or 1085 feet. She
stated she had met the criteria of the CAMA officials. On April 8, 1998, she was told to get a Special
Use Permit from the County.
Ms. Robinson stated Daclar Development has developed a high-quality subdivision that will
enhance the value of the area. Large investments have been made in steel generators at the lift station
and in the sewer service.
Chairman Caster asked if the petitioner agreed with the staff findings as presented.
Ms. Robinson concurred with the findings as presented.
Chairman Caster asked if anyone present would like to comment.
Mrs. Susan Wakild, property owner of 6325 Myrtle Grove Road, expressed concern about
the proposed length of the pier. Under the CAMA one-third rule, the length of the pier could be 780
feet long. Originally, the developer wanted to extend the pier to the intracoastal waterway. She
disagreed with Ms. Robinson that the measurement of the marsh area was 480 feet. Also, she did not
understand why the survey showed the measurement of the pier was taken from her property line
instead of the Daclar Property line. She expressed concern that the developer was unclear on the
length of the pier and where it would be located. Mrs. Wakild supported the Planning Board’s
recommendation of limiting the length of the pier to the length of existing piers in the cove.
Commissioner Davis asked if she objected to the pier if it did not extend any further than the
adjacent pier.
Mrs. Wakild replied she did not object to the pier with the condition as recommended by the
Planning Board. She felt the pier should be no longer than the 344 foot pier to the north. Depending
upon the length and angle of the pier, the ten boat slips could be in located in front of her property.
Commissioner Howell expressed concern that a map was not given to show the location and
length of the proposed pier.
Planning Director Hayes stated the problem is determining where to take the measurement
for the length of the pier. The location of the marsh line will make a difference in the length of the
pier. Ms. Robinson had agreed to abide by the one-third rule as interpreted by the State, which may
exceed the existing pier headlines. The headlines of the existing piers do not extend into the bay. The
majority of the residents and the Planning Board felt a more restrictive rule should apply. They felt
that regardless of the length of pier, the proposed pier headline should not project into the bay any
further than the existing piers in the bay.
Mr. Ted Brown, property owner to the north of the Daclar property, stated he was
constructing a pier based on instructions from CAMA. He was told that his pier should be no further
into the bay than the other piers in the area. With the cove’s narrow opening, a long pier could
impede boat traffic. He expressed concern that Ms. Robinson will build a pier longer than what the
other pier owners have agreed to build. He felt that Ms. Robinson should not receive special
permission to extend any further than existing piers so that everyone can enjoy the bay.
Chairman Caster closed the Public Hearing.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Howell, to grant the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 583
Special Use Permit to DACLAR, Inc. to use the property located at Intracoastal Watch Subdivision
for the construction of a ten-slip community boating facility with the condition that the pier’s length
not extend any further into the adjacent bay than the longest adjacent pier; based upon the evidence
presented and the findings concluding the use will not 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 of
New Hanover County.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent: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.
POSTPONEMENT OF PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE
PERMIT TO ADD 16 BOAT SLIPS TO THE EXISTING COMMUNITY BOATING
FACILITY AT INLET POINT HARBOR. (S-430, 6/98)
Chairman Caster announced Ms. Kathleen Eagle’s attorney, W. A. Raney, has requested a
continuance of the Public Hearing.
Mr. Reid Hinson, the attorney representing the opposition in the case, requested to schedule
the Public Hearing in September 1998.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to postpone
the public hearing until September 9, 1998. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
PUBLIC HEARING TO CONSIDER A REQUEST BY SALLY LONG TO REZONE 6.4
ACRES ON THE EAST SIDE OF NORTH COLLEGE ROAD (2600 BLOCK) TO B-2
BUSINESS FROM R-15 RESIDENTIAL (Z-628, 6/98)
Chairman Casted opened the Public Hearing.
Planning Director Hayes reported the Planning Board voted 4 to 1 to recommend rezoning
the property by extending the existing B-2 District to a depth of 300 feet. They recommended the
balance of the tract remain zoned R-15 on the east side to limit commercial encroachment adjacent
to Long Ridge Subdivision. An adjacent property owner spoke in opposition because of the
encroachment of commercial uses on the residential neighborhood.
Mr. Pete Camak, representing the petitioner, Sally Long, stated the petitioner agreed to the
modification as recommended by the Planning Board. He understood the concern of adjacent
property owners in the Long Ridge Subdivision; however, the vehicular traffic, of 28,000 to 30,000
cars per day along North College Road, made the property unsuitable for residential use.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 584
He felt the better use of the property would be B-2. The County will be providing sewer in December
1998, which will encourage additional commercial ventures to build on the highway corridor. He
requested the Commissioners to approve the request as modified by the Planning Board.
Mr. Richard Collins, property owner on Long Ridge Drive, stated he had spoken in opposition
of the rezoning request at the Planning Board’s meeting; however, he agreed to the proposed
modification. He expressed his concern of the residential area not having adequate access to the busy
highway and felt that additional commercial encroachment would increase the traffic flow.
Furthermore, he spoke of the neighborhood’s problem with students from Laney High School
trespassing on residential properties.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve
the rezoning of property located on the east side of North College Road to B-2 Business from R-15
Residential, as modified by the Planning Board. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 7, 1972 is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 8B, Page 48.
CONSIDERATION OF PROCESS TO NAME THE PILOTS RIDGE SITE
County Manager O’Neal reported the Commissioners will need to name the County park area
now known as the Pilots Ridge site. The 212 acre site north of Snows Cut and adjacent to the Pilots
Ridge Subdivision will consist of a park in a campus like setting of three public schools. The Board
should consider a process to use in naming the park area. Typically, County government has not
named buildings or park areas after people who are living. He suggested the Commissioners use a
geographic name because school buildings are usually named after people and it may be confusing
if the campus and park area are named after individuals. Staff can recommend an approach to use
in choosing a name. A committee consisting of two Commissioner and two School Board members,
as well as two staff members from each entity was suggested. The name of the park will help
establish the image of the park. He suggested the use of another name besides Pilots Ridge.
Chairman Caster recommended receiving input from the public at large on the naming of the
park area.
Commissioner Birzenieks requested Staff to recommend both a process and a list of suggested
names for the County Park.
County Manager O’Neal stated he will work with the Superintendent of Schools to develop
a couple of approaches to present as options to the Board.
ELECTION OF VOTING DELEGATES TO NCACC CONFERENCE
Chairman Caster announced the Annual Conference of the North Carolina Association of
County Commissioners will be held in Charlotte, NC on August 13-15, 1998. The County will need
to be represented by a voting delegate.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to elect
Chairman Caster as the voting delegate. Upon vote, the MOTION CARRIED AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 585
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to elect
Commissioner Howell as the alternate voting delegate. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
In further discussion, Chairman Caster announced that Vice Chairman Greer will be sworn
in as the President of the Association on Saturday night of the conference. He urged all the
Commissioners to attend the ceremony. Also, elections will be held for district representatives.
COMMITTEE APPOINTMENTS
Postponement of Appointment to the Board of Fire Commissioners
Commissioner Howell requested postponement of the appointment to the Board of Fire
Commissioners to allow additional time to evaluate the applications.
Chairman Caster requested to place the appointment on the agenda of the next Board meeting
of August 3, 1998.
Appointments to the County Planning Board
Chairman Caster announced that two vacancies exist on the Planning Board and five
applications were on file. He opened the floor to receive nominations.
Commissioner Howell nominated McKinley D. Dull. The nomination was seconded by
Commissioner Birzenieks.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to appoint
McKinley D. Dull and to reappoint Robert L. Murphy to serve three year terms on the Planning
Board. The terms will expire July 31, 2001. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Appointments to the Inspections Department Advisory Council
Chairman Caster announced that appointments were needed to establish the Inspections
Department Advisory Council. Twelve applications were received for the seven categories from the
construction industry to include: AIA/engineer, commercial builder, residential builder, electrical
contractor, mechanical contractor, plumbing contractor, and at large citizen.
Chairman Caster opened the floor to receive nominations for the AIA/Engineer representative.
Two applications were received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 586
Commissioner Howell nominated Perry Davis. The nomination was seconded by
Commissioner Birzenieks.
Commissioner Davis nominated Elias Marsh. The nomination received no second.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, Perry Davis was appointed to serve as the AIA/Engineer representative on the
Inspections Department Advisory Council. The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster opened the floor to receive nominations for the Commercial Builder
representative. Two applications were received.
Commissioner Howell nominated Chuck Miller. The nomination was seconded by Chairman
Caster.
Commissioner Birzenieks nominated Bruce McQuire. The nomination was not seconded.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, Chuck Miller was appointed to serve as the Commercial Builder representative
on the Inspections Department Advisory Council. The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster announced only one application was received for the Residential Builder
representative. He called for the vote on Terrance Bache.
Vote:
Upon vote, Terrance Bache was appointed to serve as the Residential Builder representative
on the Inspections Department Advisory Council. The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster announced only one application was received for the Electrical Contractor
representative. He called for the vote on Ronald Edward Williams.
Vote:
Upon vote, Ronald Edward Williams was appointed to serve as the Electrical Contractor
representative on the Inspections Department Advisory Council. The MOTION CARRIED AS
FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 587
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster opened the floor to receive nominations for the Mechanical Contractor
representative. Three applications were received.
Commissioner Howell nominated Rhonda Beck. The nomination was seconded by
Commissioner Birzenieks.
Chairman Caster nominated Robert Williams. The nomination was not seconded.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, Rhonda Beck was appointed to serve as the Mechanical Contractor representative
on the Inspections Department Advisory Council. The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster announced only one application was received for the Plumbing Contractor
representative.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to appoint
James Miller as the Plumbing Contractor representative. Upon vote, James Miller was appointed to
serve as the Plumbing Contractor representative. The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster opened the floor to receive nominations for the Citizen At-Large
representative. Two applications were received.
Chairman Caster nominated James Bordeaux. The nomination was seconded by
Commissioner Davis.
Commissioner Howell nominated Joel Macon. The nomination was not seconded.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote:
Upon vote, James Bordeaux was appointed to serve as the Citizen At Large representative.
The MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Chairman Caster
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 588
Voting No:Commissioner Howell
Absent:Vice Chairman Greer
Chairman Caster requested to increase the membership of the Advisory Council to include
another Citizen At-Large representative in order to include Joel Macon.
County Manager O’Neal replied the membership was strategically designed to receive
representatives and expertise from the home builders associations. However, the Commissioners had
the authority to appoint as they desire.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Howell, to increase the
membership by an additional citizen at-large representative and to appoint Joel Macon. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
CONSIDERATION OF APPEAL ON THE ISSUANCE OF A PERMIT FOR LAND
DISTURBING ACTIVITY, NUMBER GP 16-98, JOSEPH’S LANDING SUBDIVISION
County Engineer Wyatt Blanchard reported on May 24, 1998, New Hanover County issued
a land disturbing permit to Mrs. Ludie C. Williams. Mr. Holland C. Simmons filed an appeal claiming
partial ownership of the property. In issuing the permit, the County relied on ownership statements
provided by the applicant. New Hanover County has no legal authorization to adjudicate title and
decide other real estate ownership issues, as such decisions belong to the courts. The County can
reasonably rely on the representations of the permit applicant in the absence of an applicant’s fraud,
knowing misrepresentation, or clear proof contradicting a material element of the application, by an
applicant. Therefore, the County had to issue the permit. Legal counsels were present to give
evidence and arguments as appropriate. The Commissioners were requested to render a final County
decision.
Mr. George Rountree, an attorney representing the appellant Mr. Simmons, spoke on the
ownership of the property being in dispute in the courts for 12 years. Although Mrs. Williams was
aware of the court case, she filed the application and certified that she was the owner. He stated he
believed that the Simmons heirs are owners of an undivided interest in the property. The County
requires the owner of a property to file the application. If the applicant does not properly conform
to the permit, the County has record of the responsible party. The applicant or owner of the property
should have the ability to bond the entire property. CAMA will not issue a permit if the land for the
permit is in a title dispute. The Planning Board’s Technical Review Committee granted a preliminary
approval of the plat, but will not issue a final approval of the plat for recording purposes until the title
issues are resolved in court. Because the title of the land has been in significant dispute for more than
12 years, Mr. Rountree respectfully asked the Board to reverse the decision made by the County
Engineer based on the precedent of regulatory requirements that the County administers in the
planning phase and in CAMA activities.
Commissioner Howell asked if the title search indicated a clear title.
Mr. Rountree responded that the title search may not be accurate. A title policy may favor
Ludie Williams. The title issue is more involved than what the title search revealed.
Mr. Kenneth Shanklin, another attorney for the appellant, responded on the action filed on
June 3 for a partition of the land. A co-tenant can apply to the court to divide the land if more than
one person owns the land and they cannot agree on how to use the property. While the discovery
used in the case was developed in the former lawsuit, the case will not be ready for trial for at least
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 589
18 months. Counsels have been invited to discuss the potential of a settlement.
Mr. John Wessell, the attorney representing Ludie Williams, stated that Mrs. Williams is the
property owner. The property was deeded to Mr. and Mrs. Williams in 1958. A subsequent
correction deed was issued to them in 1975. They have claimed the property for 40 years and have
paid taxes to New Hanover County for the property for those years. In 1985, Mr. and Mrs. Williams
filed court proceeding to obtain a clear title to the property. A counterclaim was filed by some of the
current clients of Mr. Rountree and Mr. Shanklin. The claim was dismissed some years after the
original lawsuit was filed. The Simmons voluntarily dismissed the counterclaim a few weeks ago.
Since then, they have filed another lawsuit.
Mr. Wessell stated his contention was that it was not the role of the County Commissioners,
or any other governmental structured such as the county commissioners, city council, planning board,
or board of adjustment, to resolve issues of title. The case should be resolved by the Courts in North
Carolina. When the application for the permit was made, Mrs. Williams rightfully represented to the
County that she was the owner of the property. She provided a copy of her deed to the County
Engineer, and he accepted that she was the owner. The appellant had an opportunity to stop the
issuance of the permit through the Courts, but chose not to ask the Courts. The appellant’s counsel
has chosen to ask the Commissioners to determine who owns the property. He requested the
Commissioners to uphold the decision made by the County Engineer.
County Attorney Copley advised that the ownership of the property will have to be settled
in the Courts. County Engineer Blanchard based his decision of issuing the permit on the deed
provided by Mrs. Williams. If the Board upholds the County Engineer’s decision that the permit is
valid, Mr. Rountree and Mr. Shanklin can proceed to get an injunction issued against the County to
hold up the permit.
Chairman Caster asked what the Simmons could provide to convince the Board that they have
title to the property.
Mr. Shanklin responded that a title search would discover that the heirs of Mary Simmons are
heirs of Bender Doser, whose will was recorded back in the 1920's.
Commissioner Birzenieks asked if the County was aware of the dispute prior to issuing the
permit.
County Engineer Blanchard responded that the deed indicated that it was Mrs. Williams’s
property. The County cannot legally determine who is the correct property owner.
Mr. Rountree replied that Mrs. Williams filed a quiet title in 1985 because she did not believe
she had a good title. He argued that every dispute did not have to be resolved by the Courts and that
lawyers have the responsibility to dissipate disputes. He stated he could get a restraining order from
the Courts, but he wanted to find another way to resolve the issue.
Mr. Wessell argued that Mrs. Williams believes she is the owner of the property. He
requested the Commissioners to allow the Courts to resolve the problem of ownership and uphold
the decision made by the County Engineer.
Chairman Caster asked why Mrs. Williams filed the quiet claim in 1985.
Mr. Wessell explained Attorney Herb Scott, who is deceased, filed the lawsuit for Mrs.
Williams. There must have been some issue of ownership; however, the lawsuit was dismissed soon
after it was filed. The Simmons’s counterclaim stayed in the Courts for another 10 years or more.
Nothing happened until it was dismissed few months ago.
Chairman Caster asked if the case could be mediated.
Mr. Wessell responded that the lawsuit will be mediated formally or informally eventually.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 590
Commissioner Birzenieks asked if the fact that Mrs. Williams has the permit would influence
the Courts in the lawsuit.
County Attorney Copley responded since she was not involved in the lawsuit and unaware
of the evidence, she could not say whether the Courts would be influenced by the decision of issuing
the permit.
Commissioner Davis asked if the County would be liable to the appellant if the Commissioners
upheld the issuance of the permit and the attorneys do not obtain an injunction on the land disturbing
activity, but later prevail in the Courts.
County Attorney Copley responded the attorneys will need to get some injunctive relief for
the client to stop any land disturbing activity.
Commissioner Davis responded if the case is tied up in litigation for an extended period of
time, Mrs. Williams will not be happy if the County prevented her from using her property.
County Attorney Copley reiterated her recommendation to uphold the decision made by the
County Engineer and let the lawsuit go to the courts. If the issue has not been resolved in 12 years,
the Commissioners cannot be able resolve it in one meeting.
Commissioner Howell commented that the Board desired to keep Mrs. Williams from
spending a lot of time and money in land disturbing activities when she does not have a right to
disturb the property.
County Attorney Copley responded that Mrs. Williams’s attorney will advise her whether to
pursue with the land disturbing activities or not. She will assume the risk if she gets the permit and
places herself up to legal liability.
Motion:
Commissioner Birzenieks MOVED to rescind the Permit for Land Disturbing Activity as
issued by the County Engineer to Mrs. Ludie Williams. The motion was not seconded.
County Attorney Copley advised if the Board rescinded the permit, Mrs. Williams may sue
the County for taking her property by not allowing her to use her property. If Mrs. Williams is
decided to be the rightful owner and she had given the County a deed, she may file a lawsuit against
the County for denying her the ability to do what she wanted on her land.
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster, to uphold the decision
made by the County Engineer on the issuance of the land disturbing permit. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Davis
Commissioner Howell
Chairman Caster
Voting No:Commissioner Birzenieks
Absent:Vice Chairman Greer
CONSIDERATION OF RESOLUTION AUTHORIZING THE PURCHASE OF CAPE FEAR
UTILITIES, INC. AND QUALITY WATER SUPPLIES, INC.
Chairman Caster spoke of efforts since 1992 in which Bill and Bob Dobo have tried to sell
Cape Fear Utilities and Quality Water Supplies to the City of Wilmington. During that time, the City
was preparing their annexation plan, which Council adopted on August 11, 1995. They had discussed
purchasing the system for $19 million. Of that amount, the City would receive a gift of $6.5 million.
Attorney Kenneth Shanklin commented that initially they had discussed obtaining joint
appraisal of the water systems with the City paying half and the owner paying half. Appraising
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 591
the system according to IRS standards was important in getting approval of a trust concept.
Eventually, the Dobos obtained Mr. Dan Dawson to perform an appraisal and inventory of the entire
system. Initially, the City offered $20.5 million for the water systems. In 1996, the appraised value
was $22 million.
Attorney Shanklin recalled that in 1995, the concept for disposing of the property changed
from selling a portion and giving a portion to a Charitable Remainder Trust. The Dobos retained Mr.
Doug Duncan to approach the IRS in getting a Private Letter Ruling. The IRS delayed giving a
Private Letter Ruling because of proposed changes in the regulations. After several letters and visits
to Washington and assistance from Senators Helms and Faircloth, discussions began with the IRS.
They filed a Private Letter Ruling request on July 18, 1997. In February 1998, the IRS authorized
forming the Charitable Remainder Trust. In like manner, discussions were held with the North
Carolina Utilities Commission.
Chairman Caster spoke of several negotiations between the City and County since 1995
concerning joint utilities. During the Consolidation Planning Committee meetings of 1995, a utilities
committee was formed to lay the groundwork to consolidate the water and sewer systems. In 1996,
after the Consolidation Plan was denied by the voters, former Chairman of the Board of
Commissioners, Robert G. Greer, and Chairman of the Water and Sewer District, E. L. Mathews, Jr.
continued discussions with former Mayor Don Betz and Pro-Tem Mayor Catherine Moore about a
combined authority. At this time, the County dropped plans to construct a separate wastewater
treatment plant and entered into an agreement with the City to build the Northside Wastewater
Treatment Plant. Later on, the City of Wilmington, on October 15, 1996, and the County, on
November 6, 1996, adopted resolutions to establish a committee consisting of two council members
and two commissioners to develop a specific plan to unite City and County water and sewer services
as authorized by the State’s General Statutes. The committee was to report to the governing bodies
on or before May 1, 1997, with a specific structure to set up by December 1, 1997. The County
wanted the structure to be an authority, while the City called the structure a plan. Upon the election
of Mayor Hamilton Hicks, efforts were again made to discuss combining the utilities. Although the
County has always supported the concept of an Authority for the utilities; it was felt that the City,
under a contract with the Authority, could operate and manage the utilities. Despite this, the County
has been unable to reach a consensus with the City. Meanwhile, letters have been written to the
Mayor on April 7, 1998 and June 12, 1998, to request further discussions between the City and
County on combining the services. Earlier in the meeting, Mayor Hicks came before the Board and
stated that they were ready to discuss the issue. The Dobo systems represent an important part of
a combined utility, and the Commissioners are interested in purchasing the systems for the good of
the citizens in the county.
Attorney Shanklin advised the Private Letter Ruling applies to the purchase by the City or
County, as well as a joint water authority. Nevertheless, he requested the Commissioners to adopt
the resolution as written by the counsels of the County and the Dobos. The County has been
provided with all the documentation records, and responses have been given to all of Staff’s questions
regarding the proposal. When the IRS publishes the new regulations, the Dobos will have 30 days
to enter into a binding contract to use the current Private Letter Ruling. The final regulations of the
IRS will abolish the concepts allowed in the Private Letter Ruling. Because of the difficulty of the
last three to four years to obtain the Private Letter Ruling, it is very important to the Dobos to reach
an agreement with the County.
County Attorney Wanda Copley reported on the letter received from City Attorney Tom
Pollard regarding a joint acquisition of the water systems. He suggested using an interlocal
agreement between the City and County to jointly purchase the water systems. The City expressed
concern that some of the Dobo water lines are not sufficient for fire suppression and that the City may
need to run parallel lines to provide fire protection services to citizens in the annexed areas. The City
gave other alternatives of joint ownership and proposed a jointly funded study by an independent
party to consider consolidating the utilities. They are proposing a self-supporting operation, which
is required by the General Statutes. The two boards will need to decide who will have the
responsibility of operating the joint utilities and how to handle the issue of fire suppression in the
parallel lines. Basically, instead of an authority, City Attorney
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 592
Pollard is proposing an interlocal agreement because the City Council does not support another
bureaucratic entity.
Chairman Caster stated, for the record, he will meet anytime and any place to discuss the
issues with the City Council. In all fairness, the meeting should take place after Vice Chairman Greer
returns from the NACo Conference in Portland, Oregon.
Attorney Shanklin addressed the City’s concern about fire suppression abilities of the Dobo
water systems. He said the system was adequate to more than adequate to deliver water services to
the area and the system complies with all State and Federal regulations.
Attorney Doug Duncan spoke on the concept of the Dobos giving the water system to the
region instead of selling it in any commercial sense. He explained that Cape Fear Utilities, Inc.
represents the ownership of a body of assets that form a water system. Those assets, based on Mr.
Dawson’s appraisal, have an appraised value of $20 million to $30 million. Cape Fear Utilities
represents an income flow: revenue from the sale of water services, less operating expenses, produces
a net profit. The Dobos looked for a method of giving the system back to the citizenry of the County,
but they would like to have enough money from the system to support them and their families until
their deaths. Additionally, there are other charitable organizations in North Carolina that they would
like to support, such as UNCW, North Carolina Zoo, North Carolina Aquarium, and other well
known and highly respected charities. Under the current tax laws, they are limited in making gifts
while retaining any part of the income flow without triggering substantial federal income tax liabilities.
The Dobos prefer to give the money to the charitable organization in North Carolina instead of the
Federal government. The Private Letter Ruling allows the Dobos to create an irrevocable trust for
the benefit of the County and the charities and to retain a specific flow of income to support
themselves and their wives. At their deaths, the entire trust property will revert to the County and
the other charitable organizations. If they do not have an agreement before the proposed IRS
regulations are published as final regulations, the federal tax liability will be $8 million.
He further explained the concept of buying the system means that the sellers are the
irrevocable trust created for the benefit of the County and the charities. A condition of the IRS
approving the Private Letter Ruling is that the structure of the deal will be entirely self funding. All
the cash flow required to provide the Dobos with their income and to accumulate the capital
necessary to fund the gifts to the other charities must be entirely generated from the Cape Fear Water
System.
Chairman Caster stated the complexities of the issues involved in the purchase caused him to
request the attorneys, Mr. Duncan and Mr. Shanklin, to attend the meeting and explain the
mechanism of purchasing the system. He asked if the County should have an independent appraisal
of the water system since Mr. Dawson is a personal friend of his.
Mr. Duncan responded the citizens of the County would expect the Commissioners to act in
a reasonable and prudent manner, which does not necessarily mean incurring the entire cost of
another appraisal. Mr. Dawson has done an extraordinary thorough job in identifying the system.
The City’s engineers have reviewed in great detail and have commented on the documents of the
appraisal. The County should have those documents reviewed to insure the systems represent the
value of the appraisal.
Chairman Caster asked whether the joint City and County purchase of the system would affect
the Charitable Remainder Trust concept. Mr. Duncan responded the IRS based the ruling on a
government entity acquiring the system, either the City, County, or a third party combined of the City
and County. Furthermore, any contract entered with the City or County will include language to
allow a transfer to any joint union that the City and County might choose. The Dobos are willing to
work with either the City or the County in the hopes that it will be in the best interest of the
constituents. However, the counsel for the Dobos are looking for an expedient way to create the
most favorable economic result for the client.
In discussion of the issues pertaining to fire protection for the annexed areas, Mr. Duncan
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 593
spoke of the City acquiring other elements of the system that were used to enhance fire service. The
volunteer fire departments routinely test fire hydrants in the County and most are found to be in the
top two categories for the amount of water pressure. In some areas of the City, fire hydrants are
color coded to reflect a lower flow of water than the Dobo’s system. Bill and Bob Dobo are willing
to stand behind their systems.
Commissioner Howell asked if installing overhead storage tanks would increase the fire
suppression capabilities. Mr. Duncan responded that the lines are of sufficient size and are made from
PVC, which supports a greater flow than the old iron pipes in the City.
Chairman Caster reiterated the need to do the right thing at the right price for the quality of
the systems. The County will need assurance that the systems will be adequate and that the City will
not have to lay additional pipe for fire hydrants in the annexed areas. It is important that the City
does not spend an enormous amount of money to install water lines in the annexed areas.
Mr. Duncan responded that the contract should be negotiated with an array of representations
and warranties to insure an adequate flow of water for fire services.
Chairman Caster spoke of Vice Chairman Greer’s support of adopting the resolution to
purchase the system and his concern that the City would not negotiate with the County if the County
did not pursue purchasing the system. Chairman Caster felt it was important to let the Dobos know
the County is willing to purchase the systems and to move forward in negotiating with the City for
a joint purchase. He expressed appreciation to Kurt Taube for his efforts in determining if the Lower
Cape Fear Water and Sewer Authority could purchase the systems; however, it may be too late in the
process for that consideration. It is important that an evaluation of the appraisal be performed to give
the Commissioners and the citizens some assurance that the purchase price is reasonable with the
value of the system.
Mr. Dawson responded that he would provide any information the County needs to confirm
the value. In some areas, the water system is better than what is found in the City, however, there
are other areas that could be better. The system was designed to deliver water; consequently, it was
not designed to provide fire protection service. If the Dobos installed several strategically located
tanks, the system would match the City’s fire protection capabilities. The cost of the water tanks,
which is approximately $1.00 per gallon, could be included in the value of the water system.
Currently, the water systems are delivering about 60% of the quantity the City delivers. Chairman
Caster called for a motion on whether to proceed with an appraisal.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to perform
an appraisal to verify the value established by Dawson Engineering on Cape Fear Utilities and Quality
Water Supplies. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Commissioner Howell spoke of his concern that the action taken by the Board to adopt the
resolution of intent may offend some members of City Council. He felt that delaying the response
to the Dobo’s request was unfair.
Motion:
Commissioner Howell MOVED to adopt a resolution authorizing New Hanover County
to tender an offer to purchase the collective water systems of Cape Fear Utilities, Inc. and Quality
Water Supplies, Inc. Furthermore, he MOVED to continue negotiations with the City of Wilmington
on a joint acquisition of the water systems within the next two weeks. Commissioner Birzenieks
SECONDED the motions. Upon vote, the MOTION CARRIED AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 594
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster stated he would contact Mayor Hicks to schedule a joint meeting with City
Council to discuss a joint acquisition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 25.
CONSIDERATION OF RESOLUTION FOR 1998 VOTED BOND ISSUE TO PROVIDE
FOR THE SALE OF SCHOOL AND COMMUNITY COLLEGE BONDS
Chairman Caster introduced the resolution to provide for the sale of school and community
college bonds. The resolution authorizes the County to sell bonds for the construction of facilities
related to the public schools and community college and will issue the bonds in the amount $14
million for public schools and $19 million for the community college.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to adopt the
resolution to issue school bonds in principal amount of Fourteen Million Dollars ($14,000,000) and
community college bonds in the amount of Nine Million Dollars ($9,000,000) and Ten Million Dollars
($10,000,000). Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 26.
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 11:39 p.m. until 11:46 p.m. to hold a
meeting of the New Hanover County Water and Sewer District.
Announcement of Dates for the Employee Appreciation Day and Holiday Reception
County Manager O’Neal announced the tentative date of the Employee Appreciation
Luncheon will be Wednesday, October 14, 1998, and the date of the Holiday Reception will be
Thursday, December 17, 1998, from 4:00 p.m. to 6:00 p.m. to be held in the Commissioners
Assembly Room of the Courthouse. Retired employees and former Commissioners will be invited
to the Holiday Reception.
Work Session Scheduled with W. K. Dickson Regarding Pages Creek Watershed and
Stormwater Management Program
County Manager O’Neal stated a work session may be in order to discuss the findings and
recommendations of the Pages Creek Watershed Study as presented by W. K. Dickson. The Board
will need to develop strategies to implement a stormwater management program in New Hanover
County. In particular, as mentioned by Mr. Dawson, the Board may want to consider developing a
stormwater utility system in conjunction with the city.
Consensus:
The Commissioners scheduled a work session on July 27, 1998, at 5:30 p.m. in
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, JULY 13, 1998PAGE 595
Conference Room 501 of the County Administration Building, to discuss issues pertaining to a
Stormwater Management Program.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Reminder of Other Meetings Scheduled for the Week
Chairman Caster reminded the Board of meetings that are scheduled for the week:
1The Community Crime Task Force will conduct a round-table discussion with elected officials
on Wednesday, July 15, 1998, at 7:00 p.m. at UNCW Madeline Suite.
2.A meeting between UNCW and New Hanover Schools officials will be held on Thursday, July
16, 1998, at 9:00 a.m. in Conference Room 501 of the County Administration Building.
Discussion will be on cooperative educational programs.
3.A meeting with representatives from YMCA, UNCW, Red Cross, and New Hanover County
Schools will be held on Friday, July 17, 1998, at 9:00 a.m. in the large conference room of
the Main Library. Discussion will be on organizing a community effort to build a natatorium.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adjourn.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Absent:Vice Chairman Greer
Chairman Caster adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board