1996-06-03 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 415
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, June 3, 1996, 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 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
Health Director, Robert Parker, gave the invocation.
Commissioner Caster 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 requested persons speaking to limit their remarks to
three minutes.
The following item was presented:
Discussion of Dredging Mason's Inlet
Mr. Daniel Pearson, a New Hanover County resident, homeowner,
and geoscientist, strongly objected to the County using taxpayers
money to dredge and move Mason's Inlet. He advised that under the
funding arrangement proposed by Staff, the County would be paying
ten times the amount of money that will be paid by the property
owners. Also, if the County moves the inlet, the updrift from the
new inlet will change the barrier island, which could result in
lawsuits. He urged the Board to reconsider using taxpayers dollars
to fund this project.
Chairman Greer responded that no decision had been made by the
Board; however, if the project is approved, the funding will come
from the beach renourishment funds that are collected through the
Room Occupancy Tax, not from revenue generated by the property tax.
Mr. Casey Haynes, a resident living in the Monkey Junction
area, requested the Board to reconsider funding the dredging
project at Mason's Inlet. He reported on swimming in the newly
refurbished Kure Beach/Fort Fisher area and stated the migration of
sand from the beach renourishment had created a dangerous problem
for swimmers. He cautioned moving forward with this dredging
project because of the danger to swimmers and the potential
lawsuits that could be filed against the County.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the 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 May 20, 1996, as presented by the Clerk to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 416
Adoption of a Resolution Awarding Bid #96-0434 (Contract #96-0434)
to The Office Showcase for Purchase of an Open Plan Office System
for the Department of Social Services Expansion and Approval of
Associated Budget Amendment #96-47
The Commissioners adopted a resolution and approved the
associated Budget Amendment to award Bid #96-0434 to The Office
Showcase, the lowest responsible bidder, in the amount of
$189,255.68 for purchase of an open plan office system for the
Department of Social Services expansion. The bid submitted by Renu
Enterprises was deficient in several areas of the bid evaluation,
and was considered non-responsive by Staff. 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 19.
A copy of the contract is on file in the Legal Department.
Budget Amendment #96-47 - DSS/DSS Expansion Capital Project
Debit Credit
DSS/Administration
Salaries $25,256
Transfer to DSS Expansion Project $25,256
DSS Expansion Capital Project
Operating Transfer In $25,256
Capital Project Expense $25,256
Purpose: To set up transfer to DSS Capital Project from DSS
Operating budget to cover the cost of office panels. The original
estimate of the panels was $164,000, and the actual bid is
$188,055.68 plus $1,200.00 for wiring the panels.
Adoption of Resolution to Award Bid #96-0433 (Contract #96-0433) to
The Office Showcase for the Purchase of Chairs for the Department
of Social Services Expansion
The Commissioners adopted a resolution awarding Bid #96-0433
to The Office Showcase, the only responsible bidder, in the amount
of $19,866 for the purchase of chairs for the Department of Social
Services expansion. 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 19.
Approval of Interlocal Agreement for the Summer Traditions Program
Between the City of Wilmington, New Hanover County and the New
Hanover County Cooperative Extension Service
The Commissioners approved an Interlocal Agreement between the
City of Wilmington, New Hanover County and the New Hanover County
Cooperative Extension Service for the Summer Traditions Camp
sponsored by the Cooperative Extension Service. The camp is
entirely State funded with no County funds required. The Chairman
was authorized to execute the necessary contract documents.
A copy of the contract is on file in the Legal Department.
PRESENTATION OF JOHN M. DOLAN VOLUNTEER FIREMAN OF THE YEAR AWARD
TO MR. FRANK BLACKLEY OF THE WINTER PARK VOLUNTEER FIRE DEPARTMENT
Commissioner Sisson, on behalf of the Board, congratulated and
presented a plaque to Mr. Frank Blackley, a member of the Myrtle
Grove Volunteer Fire Department, for being selected the recipient
of the "John M. Dolan Volunteer Fireman of the Year" award. He
noted that Mr. Blackley has voluntarily given of his time to go
beyond the required hours of training in firefighting and rescue.
He graduated from the University of Maryland with a Degree in Fire
Science, has become a certified instructor with the N. C. Fire and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 417
Rescue Commission, and assisted with the development of a county-
wide Firefighter Accountability System.
Mr. Tommy Dolan, the son of the late John M. Dolan, presented
a special jacket given to recipients of the award, and
congratulated Mr. Blackley for receiving this honor.
A round of applause was given to Mr. Blackley.
PUBLIC HEARING TO CONSIDER THE SECONDARY ROAD CONSTRUCTION PROGRAM
FOR NEW HANOVER COUNTY
Mr. Odell Williamson, a member of the North Carolina Board of
Transportation, reported on the success made in providing funds for
new highways in New Hanover County and he requested Mr. Jim Cook,
the District 3 Engineer, to present the Secondary Road Construction
Program for New Hanover County from July 1, 1996, through June 30,
1997.
Mr. J. P. Cook, District Engineer of Division 3, advised that
he was pleased to report that the paving projects adopted in the
Secondary Road Construction Program for last year has been
completed. He reported as required by General Statute 136-44.6,
the Department of Transportation must make a study of all state
maintained unpaved roads in order to determine the unpaved mileage
in each county and the total in the state before July 1 of each
calendar year. Each county's allocation is determined by dividing
the total allocation by the statewide mileage times the number of
miles in each county.
Secondary road construction allocations are based upon the
amount of revenue generated by the gasoline tax, and the final
total will not be known until the end of the current fiscal year,
July 30, 1996. Should there be a significant change in the county
allocation, New Hanover County will be informed of any adjustment
in the Secondary Road Construction Program for FY 1996-97.
Based upon an unpaved mileage of approximately eight (8) miles
in New Hanover County, compared to unpaved miles statewide, the
secondary allocation is estimated at $139,580, which is expected to
be approved at the July meeting of the N. C. Board of
Transportation.
The North Carolina Board of Transportation has approved a
paving priority rating system having two paving priorities in each
county, one for rural roads and one for residential/subdivision
roads.
In compliance with the directions of the N. C. Board of
Transportation the following 1996-97 Secondary Road Construction
Program is proposed for New Hanover County. The amount used in the
cost for priority is estimated and subject to variations due to
inflation, cost of materials, equipment and rate changes.
Recommended deviations from this proposal or any changes in the
program will be submitted to the New Hanover County Board of
Commissioners in compliance with N.C.G.S. 136-44.8.
Secondary Road Construction Program for New Hanover County
Estimated Carry Over $ 35,000
Estimated 7/1/96 Secondary Road Construction Allocation 104,580
139,580
Spot Stabilization (14,686)
Paved Road Improvements
Safety Improvements and Bridge Replacements 124,894
Roads for Grade, Drain, Base, and Pave
SR 2239, Teresa Drive (44,925)
From US 117 to Dead End
Length 0.45 mile
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 418
Priority 11S 0.45 79,969
SR 1564M, West Seaview Road $ (34,820)
From SR 1492 to SR 1771
Length 0.24 mile 0.24
Priority 12S
SR 1771, North Seaview Road
From SR 1564 to Dead End 45,149
SR2173, Cove Road
From SR 2172 to cul-de-sac
Length 0.34 mile 0.34
Priority 13S (34,149)
SR 2175, Marne Drive 11,000
From SR 2173 to SR 2171 and
From End of Pavement to
End of System
Volunteer Fire Departments
Rescue Squads, Road Additions (11,000)
Contingencies -0-
TOTAL MILEAGE 1.03
Chairman Greer opened the Public Hearing.
Vice-Chairman Mathews commented on the signage where Military
Cut-Off Road joins Market Street and asked if a larger sign could
be erected to direct truck traffic onto the Military Cut-Off Road
so trucks will not be using Market Street, which becomes a traffic
hazard with the volume of traffic and narrow lanes?
Mr. Cook responded that an additional advance warning sign was
posted last year; however, he would check to determine if a larger
sign was needed at this location.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adopt the 1996-97 Secondary Road Construction Program for New
Hanover County as proposed by the N. C. Board of Transportation.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Secondary Road Construction Program is hereby
incorporated as a part of the minutes and is contained in Exhibit
Book XXIII, Page 19.
PRESENTATION BY ZOE D. BRUNER ON THE STATE GRANT AWARDS FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT FOR THE REGIONAL
PLANNING AND MANAGEMENT PROJECT
Ms. Zoe D. Bruner, District Planner for the Wilmington
Regional Office of the N. C. Division of Coastal Management,
expressed appreciation to the New Hanover County Board of
Commissioners for support of regional planning in the coastal
counties. She reported State funds in the amount of $60,000 were
appropriated for a study of the Cape Fear Corridor to determine
future uses of the river and the impact of these uses. Also, the
City and County have been awarded a grant for the preparation of a
Unified Development Ordinance, and a grant in the amount of $25,000
for the New Hanover County Riverside Park. Appreciation was
expressed to the County for its excellent use of the funds.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Bruner for assisting the County in receiving the grant
awards.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 419
DISCUSSION OF LAND ACQUISITION FOR CONSTRUCTION OF A MIDDLE/HIGH
SCHOOL COMPLEX
County Manager O'Neal reported after contacting the owner
about purchasing the Efird property on Carolina Beach Road at
$42,500 per acre instead of $45,000 as requested, the owner was not
interested in reducing the price per acre. Since the last meeting,
Mr. Phil Triece contacted the office about available property owned
by Landmark that is located one mile north of the Myrtle
Grove/Carolina Beach Road intersection. The property is in the
area targeted by the school consultant as the ideal site for
construction of a Middle/High School Complex. The proposal has
been presented to the Board of Education for review.
County Manager O'Neal commented on the analysis performed by
the schools on the other sites and recommended requesting the Board
of Education to evaluate the property being offered by Landmark
before taking action.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to delay action on this matter until the Board of Education
has evaluated the new site, and direct Staff to forward the
information provided by the Tax Department on the proposed site to
the School Administrative Staff. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
REVIEW OF BUDGET REQUESTS FOR COUNTY DEPARTMENTS
Chairman Greer announced that time had been reserved for
several of the County Departments to comment on the recommended
funding in the FY 1996-97 Budget. He requested all persons making
presentations to limit their remarks to the time specified on the
agenda.
The following presentations were received:
New Hanover County Schools: Ms. Allene C. Keith, a member of the
Board of Education and Chairman of the Finance Committee, reported
the Committee spent a great deal of time in preparing a line-by-
line budget request for New Hanover County Schools. After a review
of the funding recommended by the County Manager, the Board of
Education would like for the Board of County Commissioners to
reconsider the original funding request. She advised that without
more funding the schools needs would not be adequately met, and the
New Hanover County School System would not be able to continue to
improve the quality of education.
Dr. Dale Martin, Superintendent of Schools, presented a slide
presentation on the schools needs and reported the funding
recommended by the County Manager for FY 1996-97 is $25,526,375.
Last year, the School System received $23,541,007 representing an
increase of $1,985,368 or 8.4%. In FY 1995-96, the School System
received $3,048,135 in Capital Outlay with $2,917,475 recommended
in FY 1996-97 for a decrease of $130,660.
Dr. Martin listed the following school needs and reported the
additional County funding of $1,985,368 will not be sufficient to
pay for these items:
(1)Fund the cost for opening two new schools at $764,387.
(2)Fund the mandated legislative salary increase of $300,000.
(3)Fund an additional $200,000 for electricity.
(4)Fund a new textbook reading program in the lower elementary
schools at $100,000 (which was actually $200,000).
(5)Five new teacher positions are budgeted as follows:
(a)Two positions will be placed at the Lakeside School. If
matching funds are not provided by the schools, the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 420
$750,000 grant received for the positions will be
forfeited.
(b)One teacher at Williston School.
(c)One teacher at Virgo School.
(d)One English teacher as a second language teacher, which
is required under federal law to assist students that
speak a foreign language.
(6)Appropriate $100,000 for supplies in the classrooms.
Currently teachers are providing many of the supplies out of
pocket.
(7)Fund a $48,000 increase in coverage for Workers' Compensation
(8)Fund a $40,000 increase for library books.
(9)Equip buses with two-way radios and cameras at $60,000 for
safety purposes.
(10)Funding for athletic equipment and payment of game officials
in order to remain in the State Triple A High School
Classification.
(11)Federal and State funding have been cut for the Exceptional
Children's Program. In order for the program to be continued,
funding will have to be provided by the local government in
the amount of $682,440.
(12)No funding will be available to fund repairs and renovations
on existing schools, which have been neglected for the past
twenty-five years.
Dr. Martin reported the schools needs far exceed the available
resources, and stated the funding recommended will simply not meet
the needs. Also, the contracted cleaning of the schools has not
been successful because the employees are paid minimum wages and do
not provide an acceptable standard of work. It was hoped that
custodians could be hired, but this will not be possible under the
recommended funding. New Hanover County is 86 out of 100 counties
in the first, second, and third year supplements paid to teachers.
A new teacher is hired at $20,000 per year which is very low
nationwide. The teachers deserve a raise; however, due to budget
cuts, there will be no raises for teachers in the FY 1996-97
Budget.
Due to a State mandate for reducing the classroom size in the
second grade level, New Hanover County will have to purchase
portable units at a cost of $25,000 per unit with no funding or
supplies provided by the State. Due to the lack of nurses in the
schools, some of the secretaries are dispensing medicine in the
elementary and middle schools, which is not a satisfactory
practice. No funds have been budgeted for additional computers or
computer technology, and many requests for new teaching positions
have been ignored because of a lack of funds.
In closing, Dr. Martin requested the Board to reconsider the
amount of funding being recommended in the FY 1996-97 Budget to the
New Hanover County Schools.
Vice-Chairman Mathews commented on visiting several schools in
April and he emphasized the importance of repairing leaking roofs
before performing interior work.
Dr. Martin responded there are leaking roofs at Rowe, Howe,
Pine Valley, and Blair schools. He, again, requested the Board to
reconsider the funding recommended in the proposed budget so these
repairs can be made.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 421
Commissioner Sisson expressed grave concern for delaying roof
repairs, secretaries dispensing of medicine, and teachers having to
pay for supplies in the classrooms. He reported the County should
review the recommended budget to see if additional funds can be
provided to the schools.
Chairman Greer expressed appreciation to Dr. Martin for an
excellent presentation, and he advised the Board of Education that
the Commissioners were well aware of the school needs.
County Manager O'Neal expressed appreciation to Dr. Martin for
the excellent manner in which the budget was presented.
Department of Social Services: Director of Social Services, Wayne
Morris, introduced the members of the Board of Social Services, and
reported he was pleased with the DSS Budget recommended by the
County Manager. He reported the AFDC Program had decreased by
approximately $600,000; however, the Medicaid Program continues to
increase. With the uncertainty about federal funding regarding
Welfare Reform, the department has focused on being as cost
effective as possible.
Commissioner Sisson expressed appreciation to Director Morris
for freezing positions and stated this action will be helpful if
federal funds are drastically reduced.
Chairman Greer, on behalf of the Board, expressed appreciation
to Director Morris and the Department of Social Services Board for
the efforts being made to closely monitor expenditures.
BREAK
Chairman Greer called a break from 8:56 P.M. until 9:10 P.M.
Health Department: Dr. Dennis Jackson, a member of the Board of
Health, expressed appreciation to County Manager O'Neal for the
recommended budget. He requested reclassification of the Clerk
Specialist I position at the Animal Control Center from a temporary
position to a permanent position in order to effectively collect
fines and fees. He advised that without sufficient clerical
assistance, the billings and collections would not be
satisfactorily performed.
Mr. John Coble, a member of the Board of Health, expressed
appreciation to the Board for the funding recommended in the FY
1996-97 Budget. He reported in 1984 there were five Environmental
Health Specialist positions that were responsible for inspecting
627 eating establishments. In 1996, there are six Environmental
Health Specialist positions responsible for inspecting 1,159 eating
establishments, and the State now requires quarterly inspections of
all restaurants. He stated the figures speak for themselves, and
he requested the Board to approve the new Environmental Health
Program Specialist position.
Discussion was held on the funds needed to approve the two
positions. County Manager O'Neal responded that a new
Environmental Health Program Specialist position would begin at a
salary of $36,895. A permanent Clerical Specialist I position
would begin at a salary of $25,890; however, this figure would be
reduced by the funds appropriated in the recommended budget for the
temporary position.
Chairman Greer, on behalf of the Board, expressed appreciation
to Dr. Jackson and Mr. Coble for the presentation.
Sheriff's Department: Sheriff Joe McQueen expressed appreciation
to the County Manager for the recommended FY 1996-97 Budget. He
expressed concern for the position denied in the 911 Communications
Center and stated telecommunicators are using time to perform
license checks, which has created a problem for the 911 Center.
Also, the part-time Clerical Assistant I position in the Jail needs
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 422
to become a full-time position to adequately process the paper work
that is required to move inmates from the Jail to the North
Carolina Department of Corrections. Without this reclassification,
overcrowding of the Jail will occur with fines imposed, and the
daily costs for inmates will increase. Another position requested
was the Deputy position at the front desk, which has become a
problem because of increased paper work. Currently, deputies are
being paid overtime to handle this volume of work. With the
continued growth in the County, a Sergeant and three Deputy
positions are needed to patrol high crime areas. Sheriff McQueen
requested the Board to reconsider the new positions.
Discussion was held on expenses that could be funded from the
911 Surcharge. Budget Director, Cam Griffin, responded that
approximately $100,000 of expenses in the Sheriff's Department
could be funded from the surcharge; however, the Commissioners
decided that the revenue generated from the surcharge should remain
in the account to pay for maintenance and upgrades to the 911
System.
In closing, Sheriff McQueen reported the 911 CAD System went
on-line June 1, 1996, with very few problems. He expressed
appreciation to the Board for approving funds to purchase the
system and stated it will be the best in the State.
Chairman Greer, on behalf of the Board, expressed appreciation
to Sheriff McQueen for the presentation.
Southeastern Center: Dr. Art Constantini, Director of the
Southeastern Center, expressed appreciation to the County Manager
for the recommended budget and stated the establishment of the
Crisis Center will greatly benefit the community. The Crisis
Center is open on weekends from Friday afternoon to Monday morning
for the provision of medical care to substance abuse clients. This
service has reduced the number of substance abuse clients in the
hospital emergency rooms and has saved money for the City and
County by reducing the number of hours spent by law enforcement
officers in the emergency rooms. Dr. Constantini stated with the
recommended funding for FY 1996-97, the Southeastern Center feels
the Crisis Center will become a full-time operation by September
1996.
Dr. Sylvia Polgar, a member of the Southeastern Center Board,
expressed appreciation to the Board for funding a Crisis Center,
which has greatly assisted families with substance abuse clients.
Chairman Greer, on behalf of the Board, expressed appreciation
to Dr. Constantini for the presentation.
Cape Fear Community College: Dr. Eric McKeithan, President of Cape
Fear Community College, expressed appreciation to the County
Manager for the funding recommendation and requested the Board to
approve the budget as presented. He reported on the new programs
instituted by the College and advised that FY 1996-97 funds will be
used to accomplish the following items: (a) upgrade heating and
air-conditioning units in existing buildings at a cost of $144,000;
(b) renovate existing buildings, such as caulking and expansion
joints, to prevent water penetration at a cost of $112,000; (c) pay
for impact fees, technical fees, soil testing, and asbestos
abatement for construction and renovation projects in the amount of
$205,000; and (d) lease additional buildings and parking spaces in
the amount of $78,000.
Chairman Greer, on behalf of the Board, expressed appreciation
to Dr. McKeithan for the presentation.
PUBLIC HEARING ON THE FY 1996-97 RECOMMENDED BUDGET
Chairman Greer opened the Public Hearing and requested all
persons to limit their remarks to three minutes.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 423
Community Penalties Program: Mr. Darryl Bruestle, a member of the
program since its inception, reported the purpose of the agency was
to divert offenders from prison to save taxpayers dollars and
valuable prison space for violent offenders. The program is
structured to reduce the number of repeat offenders through the
provision of community services, and at the same time allow the
offenders to return to the community, keep their jobs to support
their families, and pay victims for their crimes. Through this
program, the County has saved $640,000 in incarceration costs. The
Board was requested to approve the $13,500 funding request.
Mr. Dickson Baldridge, Chairman of the Community Penalties
Program, presented background information on the program, and he
emphasized the importance of receiving local funding so the program
will be eligible to receive state and federal grants. He requested
the Board to approve the $13,500 funding request.
Chairman Greer, on behalf of the Board, expressed appreciation
to Mr. Bruestle and Mr. Baldridge for the presentation.
Big Buddy Program: Ms. Deborah Hunter, Program Director of the Big
Buddy Program, expressed appreciation to the Board for the
recommended funding of $10,000. She reported the original budget
request was in the amount of $15,000 and stated that an additional
$5,000 would enable the agency to provide this successfully proven
program to a waiting list of children. Since the beginning of the
program, 92% of court referred youths do not re-enter the court
system or exhibit problems at school or at home. Adult volunteers
are required to commit four hours a week with their little buddies
under a strict application referral and training program. The
Commissioners were requested to approve the additional $5,000 to
the Big Buddy Program.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Hunter for the presentation.
The Child Advocacy Commission: Ms. Tricia Keane, Executive
Director of the Child Advocacy Commission, expressed appreciation
to the Board for support of the program and the recommended funding
for FY 1996-97. She reported the Commission has moved to a new
location, 1401 South 39th Street, which has provided more space for
holding seminars and on-site training. The agency has eight full-
time employees and eight part-time employees who administer eight
different programs to serve children and their families in the
areas of child care, child abuse prevention, and juvenile crime
prevention. The funding provided to this program has truly made a
positive difference in the lives of many children and families
living in New Hanover County.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Keen for the presentation.
Katie B. Hines Senior Center: Ms. Grace Austin reported the Katie
B. Hines Senior Center received notification that no funding would
be appropriated to the Center for FY 1996-97. She reported on the
services provided by the Katie B. Hines Senior Center to the
seniors living on Pleasure Island and in the Federal Point area and
stated that on-going fund rasing events did not generate enough
revenue to maintain the building and provide current services.
During the past week, a 10-year old roof had to be replaced as well
as a hot water heater. She requested the Board to reconsider the
$8,000 funding request submitted by the Katie B. Hines Senior
Center.
Commissioner Caster inquired as to the amount of funding
provided by the Town of Carolina Beach?
Ms. Austin responded that a $5,000 funding request was
submitted to the Carolina Beach Town Council.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 424
Commissioner Caster asked if funding has been requested from
the Town of Kure Beach.
Ms. Austin responded that no funding request was submitted to
the Kure Beach Town Council.
Commissioner Barone asked if the fund balance was committed to
capital projects?
Ms. Austin responded that a majority of the fund balance was
committed to future capital projects. She stressed the importance
of the Center maintaining a strong fund balance in order to
continue to provide services to seniors in the future.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Austin for the presentation.
Bellamy Mansion: Mr. Hugh MacRae, Chairman of the Bellamy Mansion
Board of Directors, expressed appreciation to the Board for past
support of this historic structure. He reported the Bellamy
Mansion is now owned by a charitable statewide foundation known as
the N. C. Preservation Trust. Phase I of the restoration project
has been completed at a total cost of $1.5 million. Phase II will
begin next year and provide for completion of the outer buildings
which will contain a visitors orientation center, records office,
and gift shop area. The gardens will be restored and the parking
area on the adjacent lot will be completed. The projected cost of
Phase II is $500,000. Mr. MacRae commented on the difficulty in
raising this amount of money, and requested the Board to consider
approving the budget request in the amount of $15,000 to preserve
and promote this historic attraction.
Chairman Greer, on behalf of the Board, expressed appreciation
to Mr. MacRae for the presentation.
Wilmington Industrial Development, Inc.: Mr. Peter Fensel, a
member of the Wilmington Industrial Development, Inc. Board,
expressed appreciation to the Commissioners for past support of
this agency and reported an effort was being made for Wilmington
Industrial Development, Inc. to become more self-sufficient. He
advised that Mr. Scott Satterfield, the new Executive Director, had
increased the membership from 265 to 400, which will generate more
revenue. Appreciation was expressed for the recommended funding in
FY 1996-97 Budget.
Chairman Greer, on behalf of the Board, expressed appreciation
to Mr. Fensel for the presentation.
New Hanover Commission for Women: Ms. Delores Williams, President
of the New Hanover Commission for Women, presented background
information on the establishment of the Commission and stated
without funding from the County, the Commission will have
difficulty in meeting its responsibilities. In order to pay for
routine postage and supplies, the Commission for Women would
greatly appreciate approval of a funding request in the amount of
$999.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Williams for the presentation.
Cape Fear River Program: Dr. James Merritt, a Professor at UNC-
Wilmington, reported the purpose of the Cape Fear River Program is
to provide an understanding of the natural processes that occur in
the river so a plan can be developed to provide effective
management of the river. The goal is to preserve and restore the
water quality while allowing continued utilization for recreation,
commerce, and economic development in the region. This is a joint
effort among scientists at UNC-Wilmington, industry, public
agencies, and the general public. Funding has been requested from
the City of Wilmington, Bladen County, Brunswick County, Columbus
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 425
County, New Hanover County, Pender County and Sampson County. The
Board was requested to approve the $10,000 funding request.
Chairman Greer, on behalf of the Board, expressed appreciation
to Dr. Merritt for the presentation.
BREAK
Chairman Greer called a break from 9:13 P.M. until 9:35 P.M.
Cape Fear Council of Governments: Ms. Rose Ann Mack, Executive
Director of the Cape Fear Council of Governments, expressed
appreciation for the recommended funding of $15,734 in the FY 1996-
97 Budget. She reported the Council of Governments provides a
training program for Emergency Medical Services, administers the
Jobs Partnership Program, and the Management Services Program,
which provides technical assistance to local governments, such as
the facilitator for the joint City and County Ad Hoc Committee on
Urban Growth. In the Aging Program, Jane Jones has been hired as
the Area Director of Aging and Donna Gonzales has been hired as the
Regional Ombudsman. On behalf of the Executive Committee, the Cape
Fear Council of Governments is appreciative of the recommended
funding.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Mack for the presentation.
Cure-Aids for Wilmington: Ms. Belinda Blue reported this
educational program has been in New Hanover County for four years
and is one of four programs selected throughout the State for its
educational efforts. The purpose of the program is to create an
awareness of the Aids virus to teenagers and adults. Aids is the
number one killer of females in New Hanover County. There are
6,582 cases of Aids across the State of North Carolina with 75% of
these cases being minorities. The traditional educational programs
have not worked. Cure-Aids is a program designed to send workers
to birthday parties, block parties, and churches to educate
teenagers in a non-judgmental environment. Emphasis was placed on
the fact that one case of Aids cost at least $200,0000 in medical
expenses. The Board was requested to approve a funding request in
the amount of $10,000.
Commissioner Sisson asked Ms. Blue if she founded the program?
Ms. Blue responded the organization was founded four years ago
in her living room with the support of her family because her
brother died from Aids.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Blue for the presentation.
Lower Cape Fear Hospice: Ms. Wendy Block, Chairman of the fund
drive for the Lower Cape Fear Hospice, reported funds are being
raised to construct a 12-bed facility for dying patients. Funds
have been raised in the amount of $1,250,000 with an additional
$1,050,000 needed to complete the project. The community has shown
support for the project and is aware of the need for this type of
facility. She requested the Board to approve the funding request.
Ms. Eloise Thomas, Executive Director of the Lower Cape Fear
Hospice, reported Hospice saves the County money on a daily basis
by keeping patients out of nursing homes and rest homes. She
requested the Board to approve the $10,000 funding request.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Block and Ms. Thomas for the presentation.
Coastal Horizons Center, Inc. Ms. Margaret Weller-Stargell,
Executive Director of Coastal Horizons Center, Inc., reported this
is a private non-profit agency that provides outpatient substance
abuse treatment, crisis intervention services, criminal justice
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 426
alternatives, and prevention services. Over the years, the
organization has requested County funds primarily for crisis
intervention services comprised of the Rape Crisis Center and
Crisis Line Open House. She introduced Bea Schomp, the Program
Coordinator for the Rape Crisis Center, and Jeanne Bilodeau, the
Program Coordinator for Crisis Line Open House.
Ms. Jeanne Bilodeau expressed appreciation to the Board for
support of the Crisis Line Open House and stated because of this
financial assistance four children are in the shelter tonight.
Mr. Bea Schomp expressed appreciation for support of the Rape
Crisis Center. She reported this agency served 345 new clients
last year and has already served 129 new clients from January 1,
1996, through June 30, 1996.
Ms. Weller-Stargell expressed appreciation for support of the
organizations.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Weller-Stargell and Staff for the presentation.
Wilmington Film Commission: Mr. Mark Strickland, Director of the
Wilmington Regional Film Commission, expressed appreciation to the
Board for the support given to the Film Commission. The purpose of
the Film Commission is to entice the motion picture industry to
film on location in the Wilmington area, to act as liaison with the
local governments and community, and serve as a local clearinghouse
for the production companies. The film industry has generated an
average of $200 millon per year to the local community in direct
production spending, which represents 12% of the economic base in
the Wilmington area. On behalf of the film industry, the funding
support of the County is very much appreciated.
Cape Fear Arts Council: Mr. Don Fishero, Executive Director of the
Cape Fear Arts Council, expressed appreciation to the Board for the
recommended funding in the FY 1996-97 Budget and for past support
of the Arts Council.
PUBLIC HEARING TO CONSIDER CLOSING WATERCREST STREET IN BRANDYWINE
SUBDIVISION LOCATED BETWEEN EAST BRANDYWINE CIRCLE AND WHIMSY WAY
IN PROVIDENCE SUBDIVISION (SC-68, 5/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the County
Engineering Department has requested the Board to consider closing
Watercrest Street in Brandywine Subdivision. The road is located
in the east Brandywine Subdivision and has never been opened. If
the Board decides to close the road, the Engineering Department has
requested that a 20-foot portion of the 60-foot right-of-way be
reserved and maintained by the County for future utility purposes
with the balance of the right-of-way reverting back to the
adjoining landowners.
Planning Director Hayes advised that New Hanover County has an
agreement with the developer of Providence Subdivision that a
connector road will be constructed to the Timber Creek Subdivision
at a future time.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
The following remarks were received:
Mr. Curtis Wright, President of the Providence Homeowners
Association, commented on being an adjacent property owner and
expressed concern for not receiving notification of the proposed
road closing. He advised that the map included in the agenda
packet was not correct because Watercrest Street had never been
improved, Providence Road had not been completed to the property
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 427
line, and there was no stub street in Providence Subdivision, only
a right-of-way within a lot under certain and specific obligations
between the County and a developer.
Mr. Wright commented on trying to contact the County Attorney
about the State Statute governing road closings and reported he
received no response. He advised that under N.C.G.S. 153A-241 the
Attorney General had rendered an opinion that the road must be
improved, accepted, and the public rights attached before action
could occur under this statute. In the proposed road closing, the
road has never been improved, petitioned for acceptance, or used by
the public; therefore, the requirements for closing the road have
not been met.
Chairman Greer requested the County Attorney to comment on the
requirements.
County Attorney Copley reported the opinion rendered by the
Attorney General was an interpretation of the law. Since roads
have been closed in New Hanover County for years under this
statute, there should be no compliance problems.
Chairman Greer asked if the adjacent property owners were
notified?
Planning Director Hayes responded that all adjacent property
owners were notified: two property owners in Providence, two
property owners immediately adjacent to the road in Brandywine
(listed as Parcel C and F on the map) as well as three property
owners across the road.
Mr. Wright advised that the Providence Homeowners Association
was a property owner and did not receive notification. The
property at the end of Whimsey Way is not a stub street. This
street stops about 15 feet from the property line; therefore, the
Homeowners Association owns the street as well as the property
between the property line and the end of the street.
Planning Director Hayes advised that the road right-of-way
beyond the turn-around was never closed. This was a temporary
turn-around placed in the subdivision during development and should
have been closed by the developer. Therefore, the road right-of-
way extends to the end of Providence Subdivision. The records in
the New Hanover County Tax Office show that the Providence
Homeowners Association is not an adjacent property owner.
Mr. Wright presented the following points of concern:
(1)The right-of-way lies within a resource protection area.
(2)The right-of-way lies within a wetland area.
(3)The property presently provides a buffer to property owners at
the end of Whimsey Way and Owens Street in the Providence
Subdivision.
Mr. Wright reported when the remaining right-of-way reverts
back to the three property owners, the trees on this strip of
property will be exempt from the New Hanover County Tree Ordinance
because the parcels are too small. If these trees are removed there
will be no natural buffer between the two subdivisions.
Chairman Greer inquired as to whether the County could require
a larger right-of-way or easement?
County Attorney Copley advised that the County could require
a maximum amount of space for the easement; however, when the road
reverts back to the adjoining property owners, these individuals
will own a section of the easement.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 428
Mr. Wright stated the adjacent property owners are not
petitioning to close the road. He stressed the importance of the
Board understanding that the County has petitioned to close the
road.
Chairman Greer recommended postponing a decision on the road
closing until further study is made by Staff regarding the State
Statute governing road closings.
Mr. Wright reported the Providence Homeowners Association
would be in favor of postponing the decision because the residents
of the community are very opposed to removal of the trees on this
easement. He requested the County Attorney to thoroughly review
the State Statute governing road closings since this road is an
unimproved right-of-way.
Consensus: It was the consensus of the Board to postpone the
Public Hearing until Staff has more time to review the road closing
procedures.
PUBLIC HEARING TO CONSIDER NAMING THE MAIN ACCESS ROAD LEADING FROM
NORTH COLLEGE ROAD TO LANEY HIGH SCHOOL TO "DANNY PENCE DRIVE" (SN-
57, 6/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported a request has been
made to name the main access road leading to Laney High School from
North College Road to "Danny Pence Drive". The road is improved,
unnamed, and contains a 25-foot vehicular access that is 1,120 feet
long. The road naming originated from several close friends who
wanted to name the road in honor of Danny Pence, a student that was
tragically kidnapped and murdered in May, 1995. The road name is
unduplicated and has been confirmed by the E-911 Center. If the
road name is adopted, the County will be responsible for installing
and maintaining a street sign.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the ordinance naming the unnamed road to "Danny
Pence Drive." Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 19.
PUBLIC HEARING TO CONSIDER CLOSING AN UNNAMED ROAD AT THE WESTERN
TERMINUS OF ASHFORD AVENUE IN CRESTWOOD SUBDIVISION (SC-67, 4/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported Mr. M. Wall has
requested closing an unnamed road at the western terminus of
Ashford Avenue in Crestwood Subdivision. The property adjoining
the road will not be landlocked if the road is closed, and the
Engineering Department needs to reserve 20 feet for drainage
purposes. Staff recommends approval of the road closure with a 20
foot right-of-way (10 feet on both sides of the centerline right-
of-way) being reserved.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
Mr. Wall, the petitioner, requested the Board to close the
road.
Chairman Greer closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 429
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt an order closing the unnamed road in Crestwood
Subdivision with a 20 foot easement reserved for drainage purposes.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 19.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOE RIZZO, REPRESENTING
HALLMARK INDUSTRIES, TO REZONE .11 OF AN ACRE ON THE SOUTH SIDE OF
HORN ROAD, 250 FEET WEST OF CAROLINA BEACH ROAD, TO R-15
RESIDENTIAL FROM B-2 HIGHWAY BUSINESS (Z-566, 5/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the request based upon
the premise that rezoning the property would be consistent with
nearby residential uses and comply to the intent of the Land Use
Plan to limit commercial encroachment into residential areas.
There was no opposition present at the meeting.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
The following remarks were received:
Mr. Joe Rizzo, the petitioner, requested approval of the
rezoning request and reported he would be glad to answer any
questions.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to approve rezoning .11 of an acre on the south side of Horn Road,
250 feet West of Carolina Beach Road to R-15 Residential from B-2
Highway Business as recommended by the Planning Board and Planning
Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED APRIL 7, 1971," is hereby incorporated as a part
of the minutes and is contained in Zoning Book I, Section 4, Page
47.
PUBLIC HEARING TO CONSIDER REZONING .91 OF AN ACRE ON THE SOUTHEAST
SIDE OF RACINE DRIVE, 200 FEET NORTH OF ORIOLE DRIVE, TO O-I OFFICE
AND INSTITUTION FROM R-15 RESIDENTIAL (Z-567, 5/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the rezoning request.
The Planning Board felt the zoning would be consistent with nearby
zoning and would comply to the intent of the Land Use Plan to site
transitional uses. There was no opposition present at the meeting.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
The following remarks were received:
Mr. Jerry Mann, representing the petitioner, reported the
rezoning request was logical and would be consistent with the Land
Use Plan and Policies for Growth and Development in New Hanover
County. He requested the Board to approve the rezoning request.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve rezoning .91 of an acre on the Southeast side of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 430
Racine Drive, 200 feet north of Oriole Drive, as recommended by the
Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, Section 9-A,
Page 40.
PUBLIC HEARING TO CONSIDER AN APPEAL SUBMITTED BY BILL CLARK HOMES
TO OVERTURN THE DECISION BY THE TECHNICAL REVIEW COMMITTEE TO
REQUIRE A ROAD CONNECTION TO AN ADJOINING PROPERTY (SA-15, 6/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported a preliminary plan
for Willoughby Park was approved by the Technical Review Committee
(TRC) on May 8, 1996. As a condition of the approval, the TRC
required the developer to provide a road connection to The Lakes at
Johnston Farms Subdivision, a single-family high density project
located on the adjacent property. A previous approval of The Lakes
at Johnson Farms Subdivision on March, 1996, included a requirement
for a road stub connecting to Willoughby Park. The original plan
for Willoughby Park, which was submitted in September 1995,
included a public street that terminated at the property line
adjacent to The Lakes at Johnson Farms Subdivision. The most
recent versions of the Willoughby Park plan submitted by the
developer eliminates any connection streets. Both developers
oppose the connection, citing problems with incompatible traffic
and the added cost of crossing a drainage ditch.
Planning Director Hayes informed the Board that after review,
Staff supports the decision of the TRC because of the need to have
multiple access points to a large number of dwelling units. These
connections facilitate traffic and pedestrian movements as well as
provide for public services.
Chairman Greer inquired as to whether anyone present would
like to comment.
The following remarks were received:
Mr. James H. Fentress, Jr., representing Stroud Engineering,
P.A., stated the firm drafted the plan for the Willoughby Park
project with the initial intention of purchasing more land to the
north for development of duplex lots. However, the current project
has sold quite well, and in order to benefit the entire
neighborhood, he feels it would be better to maintain two separate
projects, the single-family Lakes at Johnson Farms project, and
multi-family Willoughby Park project. He requested the Board to
approve the original plan as submitted, not the revised plan
approved by the Technical Review Committee.
Commissioner Barone asked if there would be another road out
of the subdivision?
Mr. Fentress advised that a cul-de-sac would be used with one
way in and one way out to keep the two projects separated. He
stated the original plan was submitted to the Planning Department,
but due to difficulty in obtaining a water allocation from Cape
Fear Utilities, the plan was held up for six months. During this
period, Mr. Buchanan submitted his plan for The Lakes at Johnson
Farms Subdivision. When the plan was reviewed by the TRC, it was
decided to require connecting the road network with the Willoughby
Park project in order for the Lakes at Johnson Farms project to be
approved. He advised that Mr. Buchanan was not in favor of the
road connector because he would lose several lots. Mr. Fentress
requested the Board to approve the original plan submitted to the
TRC for the Willoughby Park project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 431
Mr. Bill Clark reported the reason for changing the plan was
to accommodate Mr. Buchanan from having to extend the street across
a hugh ditch, which would have been quite expensive. He advised
that Mr. Buchanan was opposed to running all the traffic generated
from the subdivision through a single-family neighborhood. He
presented a map of the subdivision and requested the Board to
consider a new proposal that would provide an alternative road to
the north.
Motion: After discussion, Commissioner Barone MOVED, SECONDED by
Commissioner Caster to accept the new plan that will provide an
alternative road being placed to the north of the property on one
of the two locations designated on the map contingent upon the road
being acceptable to the Planning Staff. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CHAIRMAN GREER DESIGNATED AS THE VOTING DELEGATE FOR THE 61ST
ANNUAL CONFERENCE OF THE NATIONAL ASSOCIATION OF COUNTIES
Chairman Greer announced that a member of the Board should be
designated as the voting delegate for the 61st Annual Conference of
the National Association of Counties.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to designate Chairman Greer as the voting delegate at the
61st Annual Conference of the National Association of Counties to
be held July 12-16, 1996, at Houston Texas. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
designate Vice-Chairman Mathews as the first alternate voting
delegate. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Commissioner Caster MOVED, SECONDEDby Chairman Greer to
designate Commissioner Barone as the second alternate voting
delegate. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REAPPOINTMENT OF FRED SPAIN TO SERVE ON THE DOMICILIARY HOME
COMMUNITY ADVISORY COMMITTEE
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to reappoint Fred Spain to serve a three-year term on the
Domiciliary Home Community Advisory Committee with the term to
expire May 31, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 11:10 P.M.
until 11:26 P.M. to hold a meeting of the Water and Sewer District.
ADDITIONAL ITEMS
Update on the Shell Island Resort Sandbag Project and Dredging of
Mason's Inlet
Assistant County Manager, Dave Weaver, reported the short-term
project would be a temporary sandbag structure that will remain in
place three to five years to avoid additional erosion until Mason's
Inlet can be dredged out further north toward Figure 8 Island back
to the Intracoastal Waterway. The sandbag structure will be a
triangle with a base 60 to 70 feet wide and 15 to 20 feet in height
that will be buried 10 to 15 feet below sea level. The structure
will be located north of the public beach access walkway on the
Hutaff property. The Town of Wrightsville Beach has been working
with the N. C. Department of Transportation to negotiate an
agreement that will allow part of the sandbag structure to be built
in the pavement if erosion continues to occur at a rapid rate.
Assistant County Manager Weaver presented a schedule of Phase
I and reported if at all possible, the sandbag structure should be
completed by December 1, 1996. He emphasized the importance of
moving forward as quickly as possible to stop the current erosion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 432
The following 12-year cost estimate was presented:
Year One $ .4 million Construction of sandbag project
Year Two $ .2 million Engineering of long-term project
Year Three $2.3 million Construction of long-term project
Year Six $ .5 million Maintenance
Year Nine $ .5 million Maintenance
Year twelve $ .5 million Maintenance
Total $4.4 million
The County will make an annual payment of $370,000 per year
for 12 years, and the Shell Island Resort Homeowners Association
will contribute $300,000 for the first and second year with 50% due
every six months. After the second year, the residents of Shell
Island will contribute $250,000 per year for the remainder of the
project. Upfront money will have to be contributed by the County
from the Room Occupancy Tax fund with a contract stipulating that
New Hanover County will be reimbursed for these funds by the Shell
Island Resort Homeowners Association as outlined in the payment
schedule.
Vice-Chairman Mathews requested the County Attorney to explain
how the County can be assured that the Shell Island Resort
Homeowners Association will reimburse the County and make payments
according to the payment schedule?
County Attorney Copley reported a contractual obligation can
be negotiated with the Shell Island Resort Homeowners Association
wherein the Association will be required to reimburse the County as
outlined in the payment schedule. If payments are not received as
stipulated, it would be a breach of the contract and the County
could sue the Shell Island Resort Homeowners Association for
payment. Another option to consider, is the assignment of the
common areas to the County, which will require each homeowner to
sign a promissory note or provide a deed of trust for these areas.
Commissioner Sisson commented on the long-term obligation of
$4.4 million over 12 years and inquired as to how anyone could say
the project would not end up costing more than the projected $4.4
million.
Assistant County Manager Weaver commented on the risks
involved with the sandbag structure and explained that at this
point no definite cost figures could be provided. Also, there is
no guarantee that the structure will remain in place if a hurricane
or severe storm should come inland. He stated the only recourse
would be to include a clause in the contract that will allow the
County the right to renegotiate the contract contributions from the
Shell Island Resort Homeowners Association.
County Attorney Copley explained that a letter of credit could
be drawn with a dollar figure frozen at the bank which would be
paid to the County in the event the Shell Island Resort Homeowners
Association did not perform. She also expressed concern for
assignment of the common areas to the County because if the County
had to foreclose the loan, would the County want to own a parking
lot?
Assistant County Manager Weaver reported it might be difficult
for the Shell Island Resort Homeowners Association to provide a
letter of credit because the Association is having difficulty in
obtaining financing for the sale of units.
County Attorney Copley advised she would work with the
attorney representing the Shell Island Resort Homeowners
Association to see if an agreement can be negotiated to fully
protect the County. She explained that $400,000 is needed
immediately for upfront funding and stated the Board could request
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 433
each individual owner to be assessed a fair share, such as $4,000
each for the 100 units, to provide a cash basis system.
Assistant County Manager Weaver expressed concern for the time
involved with assessing the individual property owners and reported
the project cannot be delayed.
Chairman Greer stated if the Shell Island Resort Homeowners
Association can provide $150,000 immediately to begin the project,
and provide a letter of credit in the amount of $150,000 renewable
every six months, the County would feel more comfortable with using
beach renourishment funds.
Consensus: After further discussion, it was the consensus of the
Board to authorize Staff to prepare the Request for Qualifications
and direct the County Attorney to work with the attorney
representing the Shell Island Resort Homeowners Association to
negotiate an agreement that will fully protect the financial
interest of the County to include a letter of credit in the amount
of $150,000 renewable every six months.
Approval of Contract Renewal (Contract #93-0338) with Arcadian
Fertilizer, L.P.
County Attorney Copley requested renewal of the contract with
Arcadian Fertilizer, L.P. in order for steam produced by WASTEC to
be sold to Arcadian.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to renew the contract with Arcadian Fertilizer, L.P. as
recommended by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
Approval of Funding Request for the Planning Seminar to be
Presented by Andres Duany
Chairman Greer reported the County has been requested to
approve a $500 funding appropriation for the Planning Seminar to be
presented by Andres Dunay on Friday, June 21, 1996, at the
University Center, UNC-W.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve funding in the amount of $500 to help sponsor the
Planning Seminar. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Discussion of Better Management for High Density Development
Chairman Greer reported a letter had been received from the
New Hanover County Planning Board Technical Review Committee (TRC)
requesting the County to review the policies and regulations for
high density development. The TRC recommends delay of high density
projects for a minimal of 90 days until the regulations have been
reviewed by the Board of County Commissioners.
Chairman Greer suggested revising the current zoning
regulations to require approval of high density projects by the
Board of County Commissioners.
Motion: Commissioner Sisson MOVED to request the TRC to review and
act on applications that have already been filed for high density
projects, and refuse to accept any new applications until Staff
presents recommendations for changing the approval process for high
density projects.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 434
County Attorney Copley cautioned declaring a moratorium on
construction and stated the motion should clearly address this
issue.
Commissioner Sisson reported a moratorium was not being
requested, only a delay in processing the applications.
After a lengthy discussion on the increased number of Public
Hearings required if the Board decides to approve high density
projects, County Manager O'Neal recommended allowing Staff to
research the issue and present recommendations at the next meeting.
Consensus: It was the consensus of the Board for Staff to present
recommendations governing high density development at the June 17,
1996, meeting.
Discussion of an Agreement with the City of Wilmington Regarding
the Operation of Legion Stadium
County Manager O'Neal presented the major components of the
Legion Stadium Agreement prepared by the Legion Stadium Committee.
He requested the Board to approve the concept and terms of the
agreement. He advised that he would clarify the initial
appointments of the elected officials.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve the concept and terms of an agreement for the operation
of Legion Stadium with the final agreement being placed on the
agenda for approval, and to re-establish the Legion Stadium
Commission with its primary goal being to review and make
recommendations to the City and County on the future use and
ownership of Legion Stadium. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Adoption of Resolution Requesting the State of North Carolina to
Assume the County's Current Match for Medicaid and AFDC
County Manager O'Neal presented a resolution regarding the
State of North Carolina assuming the five percent match for
Medicaid and AFDC if the County will commit the budgeted funds to
capital construction projects for the schools.
After a lengthy discussion, it was agreed to delete the
percentages from the resolution and change the fourth paragraph to
read that "New Hanover County will commit its savings from the
Medicaid match and AFDC match to local school needs."
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the resolution as amended. 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 19.
SPECIAL MEETING SCHEDULED FOR JUNE 13, 1996, AT 10:00 A.M.
Consensus: After discussion of the need to review the comments and
budget requests received at the Public Hearing, it was the
consensus of the Board to schedule a Special Meeting for discussion
of the FY 1996-97 Budget on June 13, 1996, at 10:00 A.M. in Room
501 of the New Hanover County Administration Building, 320 Chestnut
Street, Wilmington, North Carolina.
Discussion of Funding for Southeastern Crisis Center
Commissioner Barone expressed concern for requesting the City
of Wilmington to fund the Southeastern Center when residents in the
City pay County taxes. She asked if this type of request was wise?
Commissioner Sisson stated the reason for making this request
was because the City will save money by a decrease in the number of
hours spent by City Police Officers waiting in hospital emergency
rooms when responding to substance abuse clients. He advised that
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, JUNE 3, 1996PAGE 435
he had no problem withdrawing the request if the Board so desired.
No further discussion or action was taken.
Discussion of Releasing the Impact Fees to the Wrightsboro
Volunteer Fire Department
Commissioner Barone requested an explanation as to why the
impact fees were not being released to the Wrightsboro Volunteer
Fire Department.
Commissioner Sisson reported the Wrightsboro Volunteer Fire
Department considers impact fees as a windfall; however, the Fire
Commission disagrees feeling that impact fees are not intended to
be an addition to the regular budget.
Commissioner Barone disagreed and stated the fees collected in
a district should belong to the Volunteer Fire Department in that
district.
After further discussion, it was agreed that Staff should
check into the distribution of impact fees and present a report to
the Board.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:00 Midnight.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board