1996-04-15 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 327
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, April 15, 1996, at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Harold Crocker, Pastor of Living Waters Ministries,
gave the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that three minutes had been reserved
to allow anyone from the public to introduce an item not listed on
the Regular Agenda or comment on an item listed on the Consent
Agenda. He asked if anyone present would like to speak, and he
requested all persons to limit their remarks to three minutes.
The following items were presented:
Request for Adoption of a Proclamation Designating April 24th as
"ARMENIAN REMEMBRANCE DAY" in New Hanover County
Mr. Moorad Alexanian, Professor of Physics at UNCW, requested
the Board to adopt a proclamation designating April 24, 1996, as
"ARMENIAN REMEMBRANCE DAY" in New Hanover County to commemorate the
81st anniversary of the Armenian Genocide of 1915-1923. He
stressed the importance of remembering that 1.5 million Armenians
were killed by the Turkish government during this period of time
and advised that adoption of a proclamation would be very much
appreciated by the Armenians living in the community.
Chairman Greer expressed appreciation to Mr. Alexanian for
bringing this matter to the attention of the Board and stated the
Board would need time to read the information before taking action.
APPROVAL OF CONSENT AGENDA
County Manager O'Neal requested removal of Consent Agenda Item
#3 in order to be sure that all vendors had been included in the
furniture bid for the Department of Social Services. He reported
this item would be placed on a future agenda.
Chairman Greer requested removal of Consent Agenda #9 in order
to further discuss this item.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to remove items #3 and #9 as requested and approve the remaining
items on the Consent Agenda as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of April 1, 1996, as presented by the Clerk to the Board.
Acceptance of Tax Collection Reports Through March 31, 1996
The Commissioners accepted the following Tax Collection
Reports through March 31, 1996, as presented by the Collector of
Revenue:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 328
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 XXIII, Page 15.
Acceptance of DWI Enforcement Grant Awarded to the Sheriff's
Department and Approval of Associated Budget Amendment #96-0169
The Commissioners accepted a DWI Enforcement mini-grant in the
amount of $10,000 for overtime incurred to work with alcohol
impairment enforcement. The following Budget Amendment was
approved reflecting that $8,500 of the funds received will be used
for overtime pay and the remaining funds will be used to purchase
two Alco Sensors and for publicity:
Budget Amendment #96-0169 - Sheriff's Department
Debit Credit
Sheriff's Department
DWI Overtime Grant $10,000
Sheriff's
Salaries $ 8,500
Supplies 1,500
Purpose: To increase the budget for the grant award.
Acceptance of Governor's Highway Safety Program Grant Award and
Approval of Associated Budget Amendment #96-0168 - Sheriff's
Department
The Commissioners accepted a mini-grant in the amount of
$1,889 from the Governor's Highway Safety Program and approved the
associated Budget Amendment as listed below. The funds will be
used to pay for overtime incurred to conduct checkpoints for
seatbelt enforcement, child restraint enforcement, and motorcycle
helmet laws.
Budget Amendment #96-0168 - Sheriff's Department
Debit Credit
Sheriff's Department
Overtime Grant $1,889
Sheriff's Department
Salaries $1,755
FICA 134
Authorization for Final Payment of the Seaboard Group II De
Micromis Settlement
The Commissioners approved an agreement authorizing the final
payment of the $1,000 for the Seaboard Group II De Micromis buy-
out. The Seaboard Chemical Corporation in Jamestown, North
Carolina, was the recipient of waste ether from the old Civil
Defense Hospital that was stored in the basement of the Wilmington
Police Department several years ago. The contractor, Enviro-Chem
Waste Management Services, removed, neutralized, and then disposed
of the ether residue at the Seaboard Chemical Corporation. Since
New Hanover County was the generator of the waste, the site has
become a Superfund site and the County is considered a Potentially
Responsible Party (PRP). The County has been classified as a De
Micromis PRP and has been offered a buy-out with a minimum payment
of $1,000. The Chairman was authorized to execute the necessary
documents.
A copy of the agreement is on file in the Legal Department.
Adoption of a Resolution Designating the Assistant County Manager
as the Official to Coordinate ABC Permit Application Reviews
The Commissioners adopted a resolution designating the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 329
Assistant County Manager to coordinate ABC permit application
reviews as done for the past several years.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit XXIII, Page 15.
Award of Bid #96-0372 and Contract #96-0372 to N. C. Equipment
Company for the Purchase of a Backhoe for the Parks Department
The Commissioners awarded the bid and contract to N. C.
Equipment Company, the lowest responsible bidder, in the amount of
$39,719 for the purchase of a backhoe for the Parks Department.
The Chairman was authorized to execute the necessary contract
documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
Approval of Right-of-Way Agreement with the N. C. Department of
Transportation - Frederickson Road
The Commissioners granted the N. C. Department of
Transportation (NCDOT) a 70-foot easement of County owned property
on Frederickson Road. The easement was requested so the NCDOT
could grade, stabilize and pave the road. The Chairman was
authorized to execute the agreement.
A copy of the agreement is on file in the Legal Department.
Adoption of a Resolution of Intent to Close an Unnamed Road in the
Crestwood Subdivision
The Commissioners adopted a Resolution of Intent to close an
unnamed road at the western terminus of Ashford Avenue in Crestwood
Subdivision. The Public Hearing for the Board of County
Commissioners to consider closing the street will be held on June
3, 1996, at 7:30 P.M. in the Assembly Room of the New Hanover
County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
A copy of the Resolution of Intent is hereby incorporated as
a part of the minutes and is contained in Exhibit Book XXIII, Page
15.
Reappointment of Nora Bednarczyk to Serve on the Nursing Home
Community Advisory Committee
The Commissioners reappointed Norma Bednarczyk to serve a
three-year term on the Nursing Home Community Advisory Committee.
The term will expire April 30, 1999.
Approval of Budget Amendment #96-46 - Federal Forfeited Property -
Sheriff's Department
The Commissioners approved the following Budget Amendment:
#96-46 Federal Forfeited Property
Debit Credit
Federal Forfeited Property
Federal Forfeited Property $1,378
Federal Forfeited Property
Supplies $1,378
Approval of Budget Amendment #96-0175 - Health Department
The Commissioners approved the following Budget Amendment:
96-0175 Health Department/Environmental Health
Debit Credit
Health Department/Environmental Health
Childhood Lead Poisoning $3,168
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 330
(Budget Amendment #96-0175 continued)
Debit Credit
Departmental Supplies $ 885
Capital Outlay $2,283
Purpose: To budget additional State revenue for a computer,
software, and printer for the Childhood Lead Poisoning Program.
APPROVAL OF CONSENT AGENDA ITEM #9, ACCEPTANCE OF THE NORTH
CAROLINA STATE UNIVERSITY BLOCK GRANT TO THE NEW HANOVER COUNTY
COOPERATIVE EXTENSION SERVICE FOR DAY CARE AND APPROVAL OF
ASSOCIATED BUDGET AMENDMENT #96-0178
Chairman Greer reported the grant application was submitted
for $15,000; however, the grant award was in the amount of $11,500
out of which only $566 was allocated for one teacher. The
remaining funds were appropriated for a secretary, site director,
assistant site director, and supplies, which in his opinion, did
not make sense. He requested an explanation as to why the funds
were being used for administrative costs instead of teachers for
the children.
Assistant County Manager, Dave Weaver, advised that all
administrative positions were hands-on jobs with staff members
working directly with the children, such as helping them with
homework.
County Manager O'Neal recommended taking no action on this
item until further information could be furnished on how the funds
would be used.
Commissioner Sisson requested Staff to provide a job
description of any funded positions in grant awards so the Board
can be better informed on the use of the money when officially
accepting the award.
Commissioner Barone agreed and reported she was not opposed to
accepting the grant award, but she would like more information on
the program.
Motion: After further discussion of the need to approve the grant
award, Chairman Greer MOVED, SECONDED by Commissioner Sisson to
accept the grant awarded by N. C. State University to the New
Hanover County Cooperative Extension Service in the amount of
$11,500 and approve the associated Budget Amendment as listed
below. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #96-0178 - Cooperative Extension
Debit Credit
Cooperative Extension
COOP/Block Grant $11,500
Salaries $ 8,662
FICA 663
Medical Insurance 230
Supplies 1,120
Training and Travel 825
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O'Neal requested the following employees to
step forward to receive service awards:
Name Years of Service
Julianne M. Griffin, Finance Department 5
Henry Chisholm, Print Shop 15
Betty Jo McCorkle, Health Department 15
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 331
James S. Bethune, Tax Department 20
Ruth Jenkins, Tax Department 20
Chairman Greer, on behalf of the Board, presented the service
awards and congratulated each employee for their years of dedicated
service to New Hanover County.
ADOPTION OF A PROCLAMATION DESIGNATING APRIL 21-27, 1996, AS
"NATIONAL COUNTY GOVERNMENT WEEK"
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to adopt a proclamation designating the week of April 21-27, 1996,
as "National County Government Week" in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
ADOPTION OF A RESOLUTION RECOGNIZING PATRICIA J. RAYNOR, COLLECTOR
OF REVENUE, FOR RECEIVING THE "TAX COLLECTOR OF THE YEAR" AWARD
PRESENTED BY THE N. C. ASSOCIATION OF MUNICIPAL AND COUNTY TAX
COLLECTORS
County Manager, Allen O'Neal, reported that Patricia J.
Raynor, Collector of Revenue for New Hanover County, was selected
as the recipient of the "Tax Collector of the Year" award presented
by the N. C. Association of Municipal and County Tax Collectors.
He complimented Mrs. Raynor for receiving this honor and expressed
appreciation to her for the exemplary job performed in serving as
the Collector of Revenue for New Hanover County.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to adopt a resolution to recognize Mrs. Patricia J. Raynor for
receiving this award. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer, on behalf of the Board, presented a resolution
and expressed appreciation to Mrs. Raynor for this special
recognition and her outstanding contributions to New Hanover
County.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
ADOPTION OF A PROCLAMATION DESIGNATING THE WEEK OF APRIL 21-27,
1996, AS "RETIRED AND SENIOR VOLUNTEER WEEK" IN NEW HANOVER COUNTY
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt the proclamation designating the Week of April 21-27,
1996, as "Retired and Senior Volunteer Week" in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
ADOPTION OF A PROCLAMATION DESIGNATING THE WEEK OF MAY 19-25, 1996,
AS "EMERGENCY MEDICAL SERVICES WEEK" IN NEW HANOVER COUNTY
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt a proclamation designating the week of May 19-25, 1996, as
"Emergency Medical Services Week" in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
CONSIDERATION OF AMENDING CHAPTER 15, WATER SUPPLY SYSTEM, ARTICLE
II, WASTEWATER COLLECTION AND TREATMENT OF THE NEW HANOVER COUNTY
CODE - FIRST READING
Assistant County Manager, Dave Weaver, reported at the March
18, 1996, meeting, the Board requested Staff to draft an amendment
to the Water and Sewer Ordinance to charge a flat fee of $100 for
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 332
additions to single family residences. Currently, no fee is
charged for additions. Staff initially proposed that additions be
charged on a square footage basis ($.675/SF) in order to be
consistent with the square footage charged for construction of a
new residence. Administering a flat fee would be easier; however,
this procedure could result in some inequities.
Discussion was held on when the flat fee would be charged.
Assistant County Manager Weaver advised that a fee would be charged
only for the expansion of habitable living space on a single family
residence. Unenclosed space (such as an addition of a deck) would
not be charged a fee.
Chairman Greer expressed concern for the amount of the fee and
requested the Board to consider reducing the fee.
Discussion was held on the revenue that would be generated
from charging a $100 flat fee in lieu of the $.675 per square foot
fee. Assistant County Manager Weaver reported the Finance Director
of the Water & Sewer District had calculated the amount of revenue
that would be generated from both options. It was found there was
very little difference in the funds that would be collected. As to
the administration of a fee, it would be easier for Staff to charge
a flat fee.
Commissioner Sisson asked if the flat fee was reduced and was
not sufficient to cover the sewer service, what source of funding
would be used to make up for the shortfall. Assistant County
Manager Weaver explained that a $100 flat fee should be sufficient;
however, if a funding shortfall should occur, the funds would be
removed from the Water and Sewer fund balance.
Chairman Greer, again, reiterated that he felt the proposed
$100 flat fee should be reduced.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt an ordinance amending Chapter 15, Water Supply
System, Article II, Wastewater Collection and Treatment, Section
15-124(d) to charge a flat fee of $100 for an addition to a single-
family residence.
Commissioner Caster stressed the importance of being sure that
the fee was justified.
Chairman Greer recommended reducing the flat fee to $60.
Commissioner Barone stated, for the record, she did not vote
for increasing the impact fee nor would she support charging a flat
fee for additions to single family residences.
Amended Motion: After further discussion, Vice-Chairman Mathews
AMENDED THE MOTION, SECONDED by Commissioner Sisson to adopt an
ordinance reducing the $100 flat fee to $60 for additions to
single-family residences. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Caster
Since the amendment did not receive a majority vote on the
first reading, a second reading will be held on Monday, May 6,
1996.
CONSIDERATION OF FUNDING REQUEST BY ELDERHAUS, INC.
Ms. Linda Pearce, Executive Director of Elderhaus, Inc.,
presented a model of the proposed expansion and reported that
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 333
Elderhaus plans to add a 4,000 square foot service-specific
designed building to its lake site facility. The City of
Wilmington contributed the Greenfield Lake site facility and
adjacent land for constructing the new center. The value of the
City's contribution was $110,000. Elderhaus is seeking an
additional $400,000 in contributions from corporations,
foundations, and individuals. The Board of County Commissioners is
being requested to make a one-time capital commitment in the amount
of $200,000 to construct a permanent facility to house the Adult
Day Care and Adult Health Services.
Ms. Pearce advised that Elderhaus now serves over 217
residents of New Hanover County since opening its doors in 1981.
The program has been cost-effective in assisting families with
members who suffer from Alzheimer's Disease. These clients are
able to remain home and be supported by the family fifteen (15)
hours per day and spend up to nine (9) hours per day with the
Elderhaus staff. The quality of life for the clients has been
greatly enhanced, and the family members can continue to work
outside the home. New Hanover County taxpayers have been saved a
great deal of money through the services provided by Elderhaus
because these clients are not in nursing homes or rest homes that
require County reimbursement for Medicaid.
County Manager O'Neal reported the projected savings to the
County are as follows:
FY 1995-96 - $60,000
FY 1996-97 - $56,000
FY 1997-98 - $84,000
Discussion was held on the total projected cost of the project
and when construction would begin. Ms. Pearce advised that the
projected cost was $650,000 and reported that construction would
begin in the middle of the fall with completion of the expansion by
the end of the next calendar year.
Mr. Mark Alper, Chairman of the Funding Campaign for
Elderhaus, Inc., reported he was involved with this project because
his mother was a client. He commented on the many services offered
by Elderhaus and reported his mother's quality of life was greatly
enhanced by the care and love received at this facility.
Discussion was held on the current funds in the County's
contingency account. County Manager O'Neal reported contingencies
started at $300,000 with only $53,000 remaining; therefore, the
County's unappropriated fund balance would be used if the funding
request was approved.
Motion: After discussion of the money that will be saved by the
County and the excellent services provided by Elderhaus, Vice-
Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve
funding in the amount of $60,000 for the first year; $56,000 for
the second year; and $84,000 for the third year from the
unappropriated fund balance.
County Manager O'Neal explained that funding appropriations
could not be obligated from the unappropriated fund balance for
more than one year. The second and third year funding would have
to be placed in the budget as an outside agency funding request,
which would not ensure that future Boards would approve the desired
funding.
County Attorney Copley reported the County could enter into an
outside agency contract with Elderhaus, Inc. that would commit to
the funding over the stipulated period of time.
Chairman Greer expressed concern for obligating future Boards
to a funding commitment and recommended that funding be requested
and approved on a year-by-year basis.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 334
Withdrawal of Motion: Vice-Chairman Mathews WITHDREW HIS MOTION
and Commissioner Sisson WITHDREW THE SECOND TO THE MOTION.
Motion: After discussion of being sure that Elderhaus receives the
funding, Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve $200,000 from the current unappropriated fund
balance.
Chairman Greer expressed concern for the County funding
approximately one-third of the expansion project and stated he
could not support the motion.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Chairman Greer
BREAK
Chairman Greer called a break from 10:15 A.M. until 10:35 A.M.
APPROVAL OF COMMUNITY BASED ALTERNATIVE (CBA) FUNDING
RECOMMENDATIONS
Budget Director, Cam Griffin, reported the Human Services
Allocation Advisory Committee has made funding recommendations for
the Community Based Alternatives (CBA) funding. She requested the
Board to approve the CBA funding recommendations in order for
applications to be forwarded to the State.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the CBA funding recommendations as presented and
authorize the County Manager to sign the necessary forms so that
applications can be forwarded to the State. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
DESIGNATION OF NEW HANOVER COUNTY AS THE LEAD AGENCY IN
COORDINATING A PUBLIC-PRIVATE PARTNERSHIP TO MOVE FORWARD WITH THE
PERMITTING PROCESS FOR A SHORT-TERM AND LONG-TERM SOLUTION TO THE
EROSION PROBLEM AT MASON'S INLET
Chairman Greer reported that Mason's Inlet continues to
migrate rapidly to the south toward the Shell Island Resort and
other properties. The Board has the option of doing nothing or
performing a short-term solution followed by a long-term solution.
The inlet could erode the foundation of the Shell Island Resort
within the next twelve (12) months if no action is taken to control
the erosion. After a review of the erosion problem, there is no
inexpensive or simple solution. A short-term solution is needed
within the next six to twelve months to slow down the erosion until
a long-term solution can be developed.
A short-term solution would involve dredging a new channel
across the rapidly accreting sand spit extending from the south end
of Figure Eight Island. The existing channel to the south would be
closed by filling it with the sand dredged from the new channel.
Temporary erosion control measures, such as sandbags, may be needed
to protect the Shell Island Resort. Initial dredging would cost
one to two million dollars with maintenance dredging every two
years at a cost of one million dollars. Due to the severity of the
erosion problem, it is hoped that obtaining permits for the short-
term solution will take only a few months.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 335
A long-term solution may be to dredge the new channel as
indicated under the short-term solution and extend this dredging to
the west out of the old channel into the Atlantic Intracoastal
Waterway. This project would cost several million dollars, and the
environmental permitting process would take approximately two
years.
When meeting with various representatives from the different
groups, it was the general consensus to return to their respective
boards and discuss the possibility of a public-private partnership
to implement short and long-term solutions. Also, it was concluded
that New Hanover County should assume the lead role in moving
forward with the permitting process.
Commissioner Caster stated the Port, Waterway, and Beach
Commission had discussed this matter but no decision was made. It
appears no federal funds will be available for the project, and
there is very little time left to save the Shell Island Resort.
Commissioner Barone reported this was a difficult decision
because in the past other beach communities had requested help with
erosion problems and the County was unwilling to provide
assistance. On the other hand, if nothing is done, the County will
lose a valuable tax base, which was the primary purpose for
establishing the beach renourishment fund. She commented on
notification to the property owners in their deeds about the risks
involved with the Shell Island Resort, and stated the only reason
to consider the project was because of the need to protect the
eroding shoreline to maintain the beach for tourism, which is the
number one industry in the County. She emphasized the importance
of the public understanding that all funding would come from the
Room Occupancy Tax fund, not from the County's general fund. She,
also, expressed concern for Mayor Herb McKim trying to change the
current distribution of the Room Occupancy Tax and reported the
current formula should remain unchanged.
Commissioner Sisson stressed the importance of not favoring
one beach community over another, and he recommended establishing
strict guidelines as to how the County will respond to these types
of requests in the future. He, also, emphasized the importance of
maintaining adequate funds in the beach renourishment account to
assist with cleanup from a major storm, and stated this was why the
private parties involved should pay their fair share of the project
cost. Also, if an argument should occur between Wrightsville Beach
and Figure Eight Island, this matter should be handled by the two
entities through the court system.
Discussion was held on whether the County Attorney had
actually seen any of the recorded deeds between the property owners
and developers at the Shell Island Resort. County Attorney Copley
responded she had not seen any signed documents; however, she had
heard that the developers were aware of the conditions when
applying for the permits to construct the Shell Island Resort. The
question of whether or not the developers conveyed this information
to the buyers is a legal issue between the purchasers and
developers. Also, some of the original owners could have sold
their properties with second and third owners not being aware of
the risks involved when purchasing property at the Shell Island
Resort.
Vice-Chairman Mathews reported he felt that many of the
property owners were aware of the risks involved; however, the
proposed project would keep the County from losing a huge tax base
as well as benefit the environment by flushing out some of the
creeks that have been closed to shellfishing.
Commissioner Sisson inquired as to whether any dollar figures
had been discussed, and if so, a limit should be established on the
funding participation by the County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 336
Chairman Greer responded that no figures had been discussed;
however, he also felt the private parties should pay their fair
share.
County Attorney Copley reported the Board may wish to consider
establishing a ratio that would be matched by the County for a
certain number of dollars given by the other parties involved.
Assistant County Manager Weaver reported a design plan must be
prepared as the first step of the project. A qualified engineering
consultant should be hired to perform this work.
Chairman Greer advised that a ratio was not needed at this
time since the County would be assuming the lead role which would
not involve a large sum of money. He, again, emphasized the
importance of moving forward with the permitting process and stated
if the private parties want to begin this process without waiting
for the County to go through the process of hiring a qualified
engineer to perform the necessary design work, the Board should be
willing to accept this offer.
Commissioner Caster reported that after talking to many of the
property owners at the Shell Island Resort, they were not aware of
the risks involved when purchasing their properties. Also, many of
the residents are not wealthy and they are concerned about losing
their property. He reported he felt something should be done to
avoid losing this end of the beach.
Motion: After further discussion, Chairman Greer MOVED, SECONDED
by Commissioner Sisson for the County to assume the lead role in a
public-private partnership to attack the Mason's Inlet erosion
problem, and authorize Staff to proceed with preparing a proposal
for hiring a qualified engineering firm to perform design work with
the contract being brought back to the Board for final approval.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
PRESENTATION ON THE FUTCH CREEK WATERSHED PLAN
The Assistant Planning Director, Patrick Lowe, reported the
Futch Creek Watershed Plan was a working draft document that is now
ready for review and consideration by the Planning Board and a
community steering committee. The draft plan provides the basic
framework for water quality protection and watershed management
efforts. Valuable information has been gathered relative to the
County's water quality, existing and projected land use data, land
use plans, and development regulations. The Board is being
requested to consider adoption of a resolution that will approve
the following actions:
(1)Appointment of members to a community steering committee
comprised of residents of the Futch Creek Watershed to provide
assistance to the Planning Board and work in conjunction with
Staff, UNCW, and other designated or interested groups in
completing the development of the Futch Creek Watershed
Management Plan. A list of possible committee members that
have expressed an interest in working on the plan has been
included in the agenda packet.
(2)Direct the Planning Board and Staff to complete the
development of the Futch Creek Watershed Management Plan and
provide a draft for consideration by the Board of County
Commissioners within the date specified by the Board.
(3)Direct Staff to pursue development of an interlocal agreement
with Pender County for joint planning, protection, and
sustainable development of the Futch Creek Watershed.
Discussion was held on the success of the dredging project on
the southern portion of Futch Creek. Assistant Planning Director
Lowe advised that coliform counts had been reduced by 85% in
portions of the creek by dredging only the southern channel. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 337
northern channel is being dredged and the results will be analyzed
within the next few weeks.
Chairman Greer advised that an official of the Coastal
Resources Division had indicated that no exact determination had
been made by the State on the scientific success of the dredging
project on Futch Creek.
Assistant Planning Director Lowe stated that scientists and
other professionals involved in the dredging project feel that once
State officials completely analyze the data, it will be concluded
that the project was a success.
Chairman Greer inquired as to whether the list of persons
presented should be appointed to the community steering committee,
or should the Board follow its regular appointment procedure.
Assistant Planning Director Lowe advised that the committee
would be active for only three to six months; therefore, the Board
may wish to appoint the list of persons interested in serving on
the committee.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the resolution as presented and appoint the
interested individuals as presented on the list to serve as members
of the community steering committee for development of the Futch
Creek Watershed Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 15.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 11:11 A.M.
until 11:46 A.M. to hold a Regular Meeting of the Water & Sewer
District.
ADDITIONAL ITEMS - COUNTY MANAGER
Approval of Contract with Brock Contract Services for Carpet
Replacement at the New Hanover County Public Library
County Manager O'Neal reported three bids were received on
March 18, 1996, for carpet replacement at the New Hanover County
Library. Brock Contract Services was the low bidder at $155,939,
and after negotiations with the company, the price was reduced to
$152,250. He requested the Board to approve the negotiated
contract.
Commissioner Barone advised that she understood funding for
the carpet replacement was available in the Library's existing
budget, and she asked if this was correct?
County Manager O'Neal stated this was correct.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to award the negotiated bid to Brock Contract Services, in
the amount of $152,250 for carpet replacement at the New Hanover
County Library. Upon vote, the MOTION CARRIED UNANIMOUSLY. The
Chairman was authorized to execute the contract documents.
A copy of the contract is on file in the Legal Department.
Waiver of Land-Disturbing Activity Permit Fee for the Community
Health Center
County Manager O'Neal reported the Community Health Center has
requested a waiver of the land-disturbing activity permit fee in
the amount of $56.25.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 338
Commissioner Barone commented on the number of permits that
will be needed and asked if the County would be asked to waive
these fees?
County Manager O'Neal reported he was not sure if additional
waivers would be submitted; however, the budget for the Community
Health Center was extremely tight. He commented on the City
permits that would be required for the project and stated, perhaps,
the City would waive those fees; however, he did not feel the City
should expect reimbursement of the fees from the County.
Commissioner Barone expressed concern for the County being
asked to waive or pay for all permitting fees.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to waive the land-disturbing activity permit in the amount
of $56.25 for the Community Health Center. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Joint Meeting Scheduled with the Airport Authority
County Manager O'Neal advised that the Airport Authority would
like to schedule a joint meeting with the Board of County
Commissioners. He requested direction from the Board.
Consensus: It was the consensus of the Board to schedule a joint
meeting with the New Hanover County Airport Authority on Friday,
May 10, 1996, at 7:30 A.M. in the Conference Room of Airport.
Citizens Information Workshop Scheduled for April 16, 1996, from
5:00-8:00 P.M. Concerning the Wilmington Bypass
County Manager O'Neal announced that a Citizens Information
Workshop has been scheduled by the N. C. Department of
Transportation from 5:00 P.M. to 8:00 P.M. at Laney High School to
receive comments from concerned residents of the Wrightsboro area
about the Central Alternative. Also, prior to the meeting,
officials from the N. C. Department of Transportation and the
Greiner study team will hold a briefing for interested elected
officials from 3:00 P.M. to 4:00 P.M.
Discussion of Sewage Spill at Hewlett's Creek
County Manager O'Neal commented on the recent sewage spill and
reported after meeting with the members of Staff, it was felt that
the public should be better educated on how to recognize and report
a spill. The Engineering Department and Assistant to the County
Manager, Pat Melvin, are in the process of preparing information
that will be mailed to sewer customers to help them recognize and
immediately report any problems to the Engineering Department.
There will be a small mailing cost involved; however, Staff feels
a better informed public will save money in the future.
Commissioner Barone asked if the County had been cited by the
State for the sewage spill?
Assistant County Manager Weaver reported State officials were
pleased with the response by the County; however, no decision has
been rendered as to whether the County will be cited.
Request by the Wilmington City Council to Establish a City-County
Ad Hoc Committee on Urban Growth
County Manager O'Neal reported the Wilmington City Council
adopted a resolution on April 2, 1996, requesting the following
actions:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 339
(1)The Wilmington City Council and the New Hanover County Board
of Commissioners schedule a joint Work Session to discuss the
formation of an Ad Hoc Committee on Urban Growth to be
composed of two representatives from each governing board, a
City Staff Member, a County Staff Member, and a representative
of the New Hanover County Board of Education. Subcommittees
of the Ad Hoc Committee may include other City and County
elected officials and representatives from other
municipalities, counties, State agencies, and the Cape Fear
Council of Governments.
(2)The City Council and New Hanover County Board of Commissioners
develop a plan to proceed with the development of a City-
County Development Center to house the Planning, Engineering,
Building Inspections, and Utility Administration Office of the
two governments.
(3)The City and County develop an infrastructure master plan to
address water and sewer utility services, stormwater
management programs, transportation planning, land use
regulation, and the planning and financing of schools and
other public facilities within the City and County. An
interim process report should be presented by October 31,
1996.
(4)The City and County seek any State funding that is available
for regional planning and management projects to support the
work of the Ad Hoc Committee and the development of the
infrastructure master plan.
(5)The Wilmington City Council adopted the Master Plan on
November 10, 1995.
(6)The City and County will develop schedules for the completion
of the Unified Development Ordinance and the CAMA Land Use
Plan Update.
(7)The Wilmington City Council suspends consideration of all
rezoning applications that have not been considered by the
Planning Commission by April 17, 1996, and adopt an ordinance
suspending consideration of Special Use Permit applications.
Rezoning and Special Use Permit applications not considered by
the Planning Commission by that date will not be considered by
the Council until after October 31, 1996. Applications for
rezoning and Special Use Permits submitted by the City may be
considered by Council. The suspension will not apply to the
South 17th Street study area. During this six-month period,
Council and Staff can review the current Special use Permit
process and consider other planning and zoning issues of
concern to the Council, Planning Commission, and City Staff.
(8)The City Council recommends that the New Hanover County Board
of Commissioners also suspend the consideration of rezoning
applications in a manner consistent with the City's
suspension.
Chairman Greer spoke in favor of establishing an Ad Hoc
Committee and reported he did not feel a moratorium was necessary
because the individual governing bodies could control projects
through current zoning regulations on an as-needed basis.
Discussion was held on the need for the County to review
current zoning and rezoning regulations. Commissioner Sisson
recommended more involvement by Staff when reviewing a plan for
better management of future growth in the County.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to
meet with the Wilmington City Council to establish a joint
City/County Ad Hoc Committee to address growth in the City and
County with a letter being written to the Mayor informing him of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 340
this action, and direct the Planning Department to become more
involved in the development of a plan for better management of
future growth in the County. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Barone, stated for the record, she could not
support this motion because the County already has the necessary
ordinances in place to manage growth. She expressed concern for
the City trying to develop a cumbersome bureaucracy of ordinances
that will be too restrictive and difficult to administer.
Discussion of Request for Adopting a Proclamation to Designate
April 24, 1996, as Armenian Remembrance Day in New Hanover County
County Manager O'Neal requested direction from the Board
regarding the request for a proclamation designating April 24,
1996, as Armenian Remembrance Day in New Hanover County.
Chairman Greer requested more time to read the information
presented before adopting a proclamation.
Consensus: After further discussion, it was the consensus of the
Board for Staff to draft a proclamation to be considered at the May
6, 1996, meeting.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE 1996
NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to convene from Regular Session to hold a meeting of the New
Hanover County Board of Equalization and Review. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 12:10 P.M.
Chairman Greer reconvened to Regular Session at 12:17 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Roof Failure for L. Schwartz Furniture Company
Vice-Chairman Mathews expressed concern for the roof
collapsing at L. Schwartz Furniture Company located on Market
Street and stated some customers could have been critically
injured. He recommended developing a policy to address this type
of situation by imposing some type of fine or citation.
Chairman Greer commented on the equipment that hangs from the
ceiling during concerts at Trask Auditorium and requested Staff to
be sure the equipment is secure so an accident will not occur that
could injure a great deal of people.
County Manager O'Neal responded he would be glad to check into
this matter to see if some policy could be developed to address
both issues.
Concern for Two and Four-Wheel Power Driven Vehicles in the Azalea
Festival Parade
Vice-Chairman Mathews expressed concern for the two and four-
wheel power driven vehicles used during the Azalea Festival Parade
and reported eventually a child or person viewing the parade on the
street curb will be injured if some type of policy is not developed
to better manage these vehicles.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 341
County Manager O'Neal advised that he would contact the
Sheriff about these vehicles and report back to the Board.
Discussion on the Increase of Crime in the County
Vice-Chairman Mathews noted that crime increases as the County
continues to grow. He commented on the lack of manpower in the
Sheriff's Department and recommended a review of the number of
deputies by Staff during the budget process.
Report on Meeting in Raleigh Regarding the Annexation Laws
Commissioner Barone reported on attending the meeting held in
Raleigh regarding amendments to the current State law governing
annexation by municipalities. She expressed concern for
unnecessary annexations by municipalities and stated if the City of
Wilmington had focused on recruiting new businesses to locate in
vacant buildings within the City limits, the City's tax base would
have increased and there would have been no need to annex such
large areas of the County. She emphasized the importance of
changing the current annexation law to better protect areas in
counties that already have the necessary infrastructure in place.
Commissioner Barone commented on the proposed State school
bond referendum and reminded the Board that every dollar leaving
New Hanover County would be used to pay for constructing schools in
other counties because of the State distribution formula, which is
based upon poorer counties receiving more funding than wealthier
counties.
Discussion of the I-40 Executive Committee
Commissioner Caster commented on the letter of resignation
received from Mr. John B. Horne, a member of the I-40 Committee,
and asked if this committee was accomplishing any worthwhile
purpose. He stated, if not, the Committee should be dissolved.
Commissioner Barone reported that Mr. Horne was upset because
he had not been able to accomplish some of his goals; therefore,
she felt the Board should hear a report from the I-40 Committee
before taking any action.
Consensus: It was the consensus of the Board to request the
Chairperson of the I-40 Committee to report on the activities of
the committee at the next meeting.
Discussion of Cooperative Extension Service "Planning Survey"
Commissioner Caster commented on the Planning Survey being
conducted by the New Hanover County Cooperative Extension Service
and expressed concern for items such as child care, waste
management, crime, etc. being referenced in the survey.
Commissioner Sisson explained that Cooperative Extension
offices in rural counties serve as the lead agency to provide many
services that are not needed in more urban counties; therefore, the
State survey was written to address both small and large counties.
County Manager O'Neal responded the form was prepared by the
N. C. Cooperative Extension Service office to gain a broad response
from the communities throughout the State so that programs can be
tailored to meet community needs. He reported the New Hanover
County Extension Service primarily was involved with the Arboretum,
urban gardening, and turf grasses.
Discussion of Legislative Packet
Chairman Greer advised that a letter was received from the
County Manager of Stokes County requesting all counties to work
with their local legislative delegations to amend G.S. 7A-647(3),
which allows the court to order counties to pay for medical
treatment for juvenile offenders regardless of the cost or length
of treatment. He requested the Board to support an amendment and
include this request in the legislative packet to be presented to
the local legislators on April 29, 1996.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, APRIL 15, 1996PAGE 342
After discussion, the County Attorney was directed to place
this item in the legislative packet.
Commissioner Barone requested the County Attorney to explain
the local bill pertaining to audits of outside agencies.
County Attorney Copley advised that outside agencies receiving
$2,000 or more would be required to provide an audit to the County.
Also, the bill would remove the current audit exemption for
Volunteer Fire Departments and Volunteer Rescue Squads.
Commissioner Barone strongly objected to removing the audit
exemption for Volunteer Fire Departments and Volunteer Rescue
Squads.
Announcement of Eastern North Carolina County Council Meeting
Chairman Greer advised that a letter was received from Mr. H.
L. Sorrell, Jr., Chairman of the Eastern North Carolina County
Council inviting the Commissioners to attend the 1996 Legislative
Rally to be held on November 15-17, 1996. He reported the County
Council was composed of County Commissioners and County Managers in
eastern North Carolina to determine the needs of eastern North
Carolina and meet with the eastern legislative representatives and
senators in an informal setting to discuss issues facing this
region.
After discussion, Chairman Greer requested the Clerk to make
copies of the letter for the Commissioners so they could decide if
they wanted to attend.
ADJOURNMENT
Chairman Greer adjourned the meeting at 1:50 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board