2004-02-16 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 915
CONTINUED MEETING, FEBRUARY 25, 2004
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 16, 2004,
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: Chairman Robert G. Greer; Vice-Chairman Julia Boseman; Commissioner William
A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County
Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Director of Human Relations Carl Byrd, Sr. gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Hearing no comments, Chairman Greer called for a motion to approve the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve all 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 held on January 20, 2004 and the Budget
Work Session of January 15, 2004.
Appointment of Bruce Kirk to the Port, Waterway, and Beach Commission
The Commissioners appointed Bruce Kirk to serve a three year term on the Port, Waterway, and Beach
Commission as a Terminal and Industry representative. His term will expire February 28, 2007.
Appointment of Ronnie W. Pernell to the Tourism Development Authority in the Category of a Kure Beach
Hotel Owner
The Commissioners appointed Ronnie W. Pernell to an unexpired term on the Tourism Development
Authority as a representative of a Kure Beach hotel owner. His term will expire December 31, 2004.
Appointment of Nick Garrett to the Tidal Creek Watershed Management Advisory Board
The Commissioners appointed Nick Garrett to serve on the Tidal Creek Watershed Management Advisory
Board. Chuck Walkild recently resigned from the Board as a representative from the N. C. Clean Water Management
Trust Fund and Governor Easley appointed Mr. Garrett to fill the vacancy.
Adoption of the 2004-2005 Programmatic Goals
The Commissioners adopted the 2004-2005 Programmatic Goals as presented by the Budget Director. The
goals are to serve as a guide in the development of the budget as recommended by the Government Finance Officers
Association and the National Advisory on State and Local Budgeting.
Acceptance of Report of New Hanover County Schools Budget Amendment #6
The Commissioners accepted a report from New Hanover County Schools on an amendment to the Capital
Outlay Budget. Budget Amendment #6 is an increase of $1,910,577 for school bus leases as funded by the State
Department of Public Instructions.
Acceptance of NC Division of Coastal Management and Water Quality Grant for Sedimentation and Erosion
Control and Approval of Budget Amendment 04-0151
The Commissioners accepted a grant of $17,400 from NC Division of Coastal Management and Water Quality
for a non-point source pollution control project. The project will provide additional support for the enforcement of the
New Hanover County Sedimentation and Erosion Control Program. Associated Budget Amendment 04-0151 was
approved as follows:
Budget Amendment # 04-0051 - Engineering
Adjustment Debit Credit
NC Division of Coastal Mgmt $17,400
Temporary Salaries $12,672
Departmental Supplies $ 596
Employee Reimbursements $ 1,732
Training & Travel $ 1,000
Capital Outlay - Equipment $ 1,400
Explanation: To budget NC Division of Coastal Management and Water Quality grant
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 916
CONTINUED MEETING, FEBRUARY 25, 2004
Acceptance of State WIC Funds and Approval of Budget Amendment 04-0146
The Commissioners accepted additional funds of $30,908 from the State WIC Program. The funds will be
used to support WIC activities (Client Services, Nutrition Education, General Administration, and Breast-feeding).
Additional temporary staff and contracted services will allow staff to catch up on the backlog of WIC appointments
and to assist in the transition to the open clinic scheduling plan. The existing 60-day waiting period for a WIC
appointment will be reduced. Some of the funds are to be used to encourage breast-feeding and to make training
available for staff to attend the NC Lactation Educator Training. Associated Budget Amendment 04-0146 was
approved as follows:
Budget Amendment # 04-0046 - Health/Women, Infants and Children (WIC) 5141
Adjustment Debit Credit
WIC Health Grant $30,908
Temporary Salary $24,195
Contracted Services $ 5,040
Training and Travel $ 1,673
Explanation: To budget additional funding from the State WIC Program.
Acceptance of Immunization State Grant for Health Department and Approval of Budget Amendment 04-0145
The Commissioners accepted grant funds of $2,259 from the State Immunization Program for the clinic at
the Health Department. The Aid-to-County funds will be used to purchase new refrigeration equipment for vaccine
storage and handling. Associated Budget Amendment 04-0145 was approved as follows:
Budget Amendment # 04-0045 - Health/Epidemiology (5151)
Adjustment Debit Credit
Immunization Plan-State Grant $2,259
Capital Outlay - Equipment $2,259
Explanation: To budget additional grant funds to be used to purchase new refrigeration equipment
for vaccine storage and handling.
Approval of Amendments to the Health Department’s Fee Policy
The Commissioners approved amendments to the Health Department’s Fee Policy. Adjustments to the
General Guidelines Section of the Fee Policy include: (1) deletion of all references to the Jail Medical Health Program,
and (2) implementation of changes as they relate to services provided within the Personal Health Services Division.
Approval of Reclassification of Positions in the Health Department
The Commissioners approved reclassification of five positions in the Health Department due to recent changes
in the organizational structure. The effective date of the reclassifications is January 20, 2004. The total cost of the
changes is $22,355 per year.
Current PositionsNew Positions
Public Health Division Manager – MG07Nutrition Services Supervisor – PT09
Public Health Division Manager – MG07Personal Health Services Manager – MG09
Public Health Division Manager – MG07Animal Control Services Manager – MG07
Public Health Division Manager – MG07 Environmental Health Services Manager – MG07
Senior Health Educator – PT04 Health Education Supervisor – PT07
Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ Basic
Equipment Grant for the County Library
The Commissioners approved the application to the State Library for a Library Services and Technology Act
(LSTA) EZ Basic Equipment Grant in the amount of $25,000. The grant would allow the replacement of 27 computers
used to access the Library's on-line catalog. A $7,702 local match is required and would come from the Library's
operating budget.
Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ
Planning Grant for the County Library
The Commissioners approved the application to the State Library for a Library Services and Technology Act
(LSTA) Planning Grant in the amount of $15,000. The grant would allow the Library to hire a consultant to assist in
the development of a long-range strategic plan. The plan will address library services for the next five to seven years
based on significant input from the public, and it will include the estimated costs of the proposed services. No County
match is required.
Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) Internet
Infrastructure Improvement Grant for the County Library
The Commissioners approved the application to the State Library for a Library Services and Technology Act
(LSTA) Internet Infrastructure Improvement Grant in the amount of $22,314. The grant would provide a mobile
wireless computer lab for the Myrtle Grove Library that could be used to instruct staff and the public on electronic
resources on the Internet. A $5,570 local match is required which will come from the Library's operating budget.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 917
CONTINUED MEETING, FEBRUARY 25, 2004
Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ
Library Marketing Grant for the County Library
The Commissioners approved the application to the State Library for a Library Services and Technology Act
(LSTA) Internet Infrastructure Improvement Grant in the amount of $47,787. The grant would be used to provide
increased training for Library staff in customer services, library resources, and technology. The grant requires a 10%
match, which will come from the Library's operating budget.
Approval of Budget Amendment 2004-34 for Airlie Gardens Capital Project
The Commissioners approved the following Budget Amendment:
Budget Amendment 2004-34 for Airlie Gardens Capital Project
Adjustment Debit Credit
Interest on Investments $84,123
Installment Loan Proceeds $369,782
Transfer in from Tidal Creeks $250,000
Capital Project Expense $ 35,659
Explanation: To budget interest earned on the project; to budget transfer in from Tidal Creeks
project for Citizens' Education performed by Airlie staff; and to adjust COPS budget to actual amount
of proceeds.
Approval of Budget Amendment 2004-36 to Close Out Judicial Building Capital Project
The Commissioners approved the following Budget Amendment:
Budget Amendment #2004-36 Judicial Bldg./Non-Dept./Commissioners
Adjustment Debit Credit
Judicial Bldg. Capital Project:
Installment Loan Proceeds $383,000
Sales Tax Refund $ 95,800
Interest on Investments $285,139
Transfer in from Gen. Fund $ 75,000
Capital Project Expense $ 72,939
Transfer to Capital Projects:
Transfer to Capital Projects $ 75,000
General Fund/Fund Balance:
Appropriate Fund Balance $75,000
Explanation: To adjust Judicial Building budget to actual amount of revenues; to budget transfer
from General Fund to complete the project.
Approval of Budget Amendment 2004-37 Library Renovation/EOC-911-Golds-Tower-CAB-Jbldg-Library
Basement
The Commissioners approved the following Budget Amendment:
Budget Amendment #2004-37 Library Renovation/EOC-911-Golds-Tower-CAB-Jbldg-Library Basement
Adjustment Debit Credit
Library Renovations:
Capital Project Expense $95,000
Transfer to Capital Projects $95,000
EOC/911/CAB/Golds/Jbldg/Lib. Basement:
Transfer in from Library project $95,000
Capital Project Expense $95,000
Explanation: To establish budget for installing a fire sprinkler system in the Library Basement.
Funds are being transferred from the older Library project to a new project, so the older project can
be closed.
Approval of Advertisement of Tax Liens on Real Property for Delinquent 2003 Real Estate Accounts
The Commissioners approved advertisement of tax liens on Real Property for all delinquent 2003 Real Estate
Accounts not paid by 5:00 p.m. on March 22, 2004. The ad is to be published in the Wilmington Morning Star on
March 31, 2004.
Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports through
January 31, 2004
The Commissioners accepted the following Tax Collection Reports through January 31, 2004, as submitted
by the Collector of Revenue:
New Hanover CountyNew Hanover County Fire District
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 918
CONTINUED MEETING, FEBRUARY 25, 2004
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXVIII, Page 24.5.
Approval for Release of Taxes Barred by N.C.G.S. 105-378
The Commissioners approved the release of 1993 taxes barred by N. C. General Statute 105-378, which does
not allow forced collection of taxes after ten years from the due date:
New Hanover County $ 68,629.76
Fire District 1,293.66
City of Wilmington 28,577.51
City of Wilmington License Tax 5,828.62
Wrightsville Beach 1,097.09
Carolina Beach 2,821.73
Kure Beach 192.14
Total$108,440.51
Release of Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following applicants:
Crawford, Elizabeth $34,749 Logan, Catherine $20,000
Approval of Budget Amendment 04-0142 - Social Services, Federal Adoption Services
The Commissioners approved the following Budget Amendment:
Budget Amendment 04-0142 - Social Services/Federal Adoption Services
Adjustment Debit Credit
Federal Adoption Incentives $29,736
Federal Adoption Services $29,736
Explanation: To budget additional federal dollars awarded to New Hanover County as a result of
the County's successful adoption efforts. The federal dollars must be spent to further the County's
adoption efforts.
Approval of Budget Amendment 04-0142Sheriff’s Office/Safe Summer Program
-
The Commissioners approved the following Budget Amendment:
Budget Amendment 04-0142 - Sheriff’s Office/Safe Summer Program
Adjustment Debit Credit
Other $1,650
Safe Summer Program $1,650
Explanation: To budget contributions for the Safe Summer Program.
Approval of Budget Amendment 04-0149 - Planning/State CAMA Grant
The Commissioners approved the following Budget Amendment:
Budget Amendment 04-0149 - Planning/State CAMA Grant
Adjustment Debit Credit
State CAMA Grant $30,000
Contracted Services $16,000
Postage Expense $ 500
Departmental Supplies $ 2,500
Printing Charges $ 3,500
Temporary Salaries $ 7,500
Explanation: To budget State CAMA (Coastal Area Management Act) funds to assist in funding
of required Land Use Plan Update. Grant application was approved by the Commissioners on
04/21/2003.
Approval of Budget Amendment 2004-32 Sheriff’s Office/Controlled Substance Tax
The Commissioners approved the following Budget Amendment:
Budget Amendment 2004-32 Sheriff’s Office/Controlled Substance Tax
Adjustment Debit Credit
Controlled Substance Tax $8,479
Capital Project Expense $8,479
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 919
CONTINUED MEETING, FEBRUARY 25, 2004
Explanation: To budget additional revenue received January 21, 2004. Controlled Substance Tax funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
Approval of Budget Amendment 2004-33 Sheriff’s Office/Federal Forfeited Property
The Commissioners approved the following Budget Amendment:
Budget Amendment 2004-33 Sheriff’s Office/ Federal Forfeited Property
Adjustment Debit Credit
Federally Forfeited Property $9,394
Capital Project Expense $9,394
Explanation: To budget increased revenue received on January 13, 2004. Federal Forfeited Property funds
are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF W. A. COBB, SR. PORTRAIT BY THE BAR ASSOCIATION
District Court Judge John W. Smith, on behalf of the New Hanover County Bar Association, presented a
portrait of W. A. Cobb, Sr., former District Attorney. The portrait, given to the people of New Hanover County, will
be displayed in the William Allen Cobb Judicial Building Annex. Judge Smith expressed appreciation for the new
building in accommodating the needs of the courts as well as being an extraordinary addition to the public architecture
of the community. He said it was most appropriate that the building was named for one of Wilmington’s finest
citizens. Mr. Cobb served as District Attorney from the creation of the new court system in 1967 until his retirement
in 1983.
Chairman Greer expressed appreciation to Judge Smith and the Bar Association for the fine work of art given
to the County and for all the distinguished guests present to honor Mr. Cobb’s legacy.
Superior Court Judge W. Allen Cobb, Jr. expressed appreciation to the New Hanover County Bar Association
for commissioning the portrait and to the County for honoring his father in naming the building after him.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service awards:
Five Year
Jason Vaugh - Sheriff's Office
Debra D. Wilson - Inspections Department
Debra M. Pearsall - Department of Social Services
Charles L. Whitehurst - Department of Social Services
Ten Year
Jane L. McDevitt - Inspections Department
Twenty Year
Annette Crumpton - Department of Aging
On behalf of the Board, Chairman Greer presented service awards to each County employee and expressed
appreciation to them for their years of dedicated service.
A round of applause was given to these employees.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized:
Margaret McGrath - Health Department
Angelina Bernard - Department of Social Services
Rodney Cordell - Department of Social Services
Lanna Rhodes - Department of Social Services
Veronica Edge - Department of Social Services
Monica Frink - Department of Social Services
Melissa Lyde - Department of Social Services
On behalf of the Board, Chairman Greer welcomed these new employees to County government and wished
them success in their new positions.
PUBLIC HEARING FOR THE REFUNDING OF $57,000,000 GENERAL OBLIGATION BONDS AND
CONSIDERATION OF A BOND ORDER AUTHORIZING THE SALE
County Attorney Copley stated that the bond order entitled, “Bond Order Authorizing the Issuance of
$57,000,000 General Obligation Refunding Bonds of the County of New Hanover,” which had been introduced on
February 2, 2004, was published on February 5, 2004, with notice that the Board would hold a public hearing thereon
on February 16, 2004, at 9:00 a.m. She reported that the County’s Finance Officer did file in the Clerk’s Office a
statement of debt complying with the provisions of the Local Government Bond Act, and such statement as filed
showed the net indebtedness of the County to be 2.06% of the assessed valuation of property in the County subject to
taxation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 920
CONTINUED MEETING, FEBRUARY 25, 2004
Chairman Greer called for a motion to proceed to hold a public hearing on the refunding bond order.
Motion
: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to proceed to hold a public hearing
on the refunding bond order. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer opened the public hearing for the purpose of hearing anyone who wished to be heard on the
questions of the validity of the refunding bond order and the advisability of issuing the refunding bonds. He asked the
County Attorney to read the refunding bond order by title and the notice of hearing published in the paper.
County Attorney Copley read the bond order and notice published in the paper.
Chairman Greer asked if anyone in the audience would like to be heard on the matter.
There being no comments from the public, Chairman Greer called for a motion to close the public hearing.
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to close the public hearing. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer called for a motion that the refunding bond order be amended to change the designation of
the “School Bonds, Series 2000,” referred to therein to “Public Improvement Bonds, Series 2000" and the reference
to “Outstanding School Bonds” be changed to “Outstanding Public Improvement Bonds, Series 2000.”
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, that the refunding bond order be
amended to change the designation of the “School Bonds, Series 2000,” referred to therein to “Public Improvement
Bonds, Series 2000" and the reference to “Outstanding School Bonds” be changed to “Outstanding Public Improvement
Bonds, Series 2000.” Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer called for a motion to adopt with the foregoing amendment, and direct the Deputy Clerk to
the Board of Commissioners to publish as prescribed by the Local Government Bond Act the bond order entitled,
“BOND ORDER AUTHORIZING THE ISSUANCE OF $57,000,000 GENERAL OBLIGATION REFUNDING
BONDS OF THE COUNTY OF NEW HANOVER,” introduced at the meeting of the Board of Commissioners held
on February 2, 2004.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt with the foregoing
amendment, and direct the Deputy Clerk to the Board of Commissioners to publish as prescribed by the Local
Government Bond Act the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $57,000,000
GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,” introduced at the
meeting of the Board of Commissioners held on February 2, 2004. 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
XXVIII, Page 24.6.
CONSIDERATION OF RESOLUTION ENCOURAGING COUNTY DEPARTMENTS, BOARDS, AGENCIES
AND COMMITTEES TO UTILIZE THE SERVICES OF LOCAL PROFESSIONALS AND BUSINESSES
Chairman Greer stated that on March 25, 1991, the Board adopted a resolution encouraging New Hanover
County government and any entity connected to the County to do business with local businesses in an effort to keep
the dollars in New Hanover County. He read the resolution into the record and requested a motion for adoption.
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the resolution as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Davis pointed out that as a Commissioner he has always tried to hire local business whenever
possible for any County contract since these businesses and their employees pay taxes to New Hanover County.
Chairman Greer stated that although the previous resolution remains in effect, current action will ensure that
all County offices are aware of the Board’s desire for this to occur when possible.
County Manager O’Neal announced that he would provide copies of the resolution at the next meeting with
department heads.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 24.7.
PRESENTATION BY PORT, WATERWAY, AND BEACH COMMISSION ON WHETHER TO ESTABLISH
A NO WAKE ZONE AT SNOW’S CUT AND DISCUSSION OF RETAINING A LOBBYIST FOR THE
PROCUREMENT OF BEACH RENOURISHMENT FUNDING
Mr. Rick Catlin, Chairman of the Port, Waterway, and Beach Commission (PWBC), presented an update to
the Board on pending issues concerning a No Wake Zone for the Snow's Cut area and whether the County should enter
into a contract with Howard Marlowe and Company for beach renourishment projects.
Mr. Catlin reported that two members of the PWBC had explored whether the Corps of Engineers and CAMA
would be supportive of the County proceeding to get a No Wake Zone for the Snow’s Cut area. Although no formal
response was given, those contacted said it would be difficult to get the approval. Instead of proceeding in that effort,
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 921
CONTINUED MEETING, FEBRUARY 25, 2004
the PWBC would rather focus on helping the Corps get funding for the bank stabilization project. Regardless, the
Board may choose to formally apply to the State for the No Wake Zone.
Mr. Catlin said that Carolina Beach had hired Marlowe and Company to begin the process of re-authorization
of its Project Cooperation Agreement which expires in 2014. At the January 20, 2004 meeting, the Commissioners
approved a reimbursement to the Town of Carolina Beach for payment of the Marlowe contract from the Room
Occupancy Tax (ROT) Funds. At that meeting, the Board asked the PWBC whether the County should have a county-
wide contract with the Washington lobbyist. After an evaluation of the ROT Funds, the PWBC felt that the contract
should not be expanded at this time. One reason for the decision was that the beach towns do not have any funding
requirements for the next fiscal year. Secondly, the business model shows that the County may be able to absorb the
costs of projects after the expiration of Carolina Beach’s Project Cooperation Agreement.
In discussion of the business model projections, Mr. Catlin explained that the County should have sufficient
ROT funding for beach projects based on the cost estimates provided by the Corps of Engineers. These projections
assume: 1) all existing federal and state cost sharing agreements for all of the beaches are honored until their
expiration; 2) the existing ROT allocation percentages do not decrease; 3) the residual fund balance is allowed to
continue to grow without diversion to other uses; and 4) no catastrophic events, either natural or economic, should
occur.
However, a recent federal policy said that they will not honor any existing agreements to provide funding for
beach renourishment projects. Another business model was done to see what would happen if the federal government
discontinues support for these projects, and they found that the County would run out of funds in 20 years. To plan
for self reliance in the future, the County will need its federal partners to honor their commitments. The PWBC will
be visiting Washington in two weeks to lobby against the new federal policy on funding. Although the nation and state
benefit from the economic impact of the beaches, the County may need to assume a larger role starting in 2014. By
showing its business plan, the PWBC hopes to convince the Office of Management and Budget to change its policy
and to continue funding the beach projects.
Mr. Catlin said that the County Finance Director helped the PWBC in preparing the business model
projections. He requested the Board to appoint the Finance Director as a permanent member of the Commission with
the intended purpose of updating the business model on an annual basis or as needed. Mr. Shell is willing to serve as
a member.
In further discussion of extending the Marlowe contract, Mr. Catlin said that the PWBC did not recommend
spending thousands or hundreds of thousands of dollars for a lobbyist when the funding may not be available. He
suggested that the Board may want to wait another year before making that decision. In the meantime, support from
Congressman McIntyre and our other representatives will continue to be important in Washington. The PWBC will
give its support to other beach renourishment projects in the state and will watch to see what happens to their funding.
Commissioner Davis expressed appreciation to Mr. Catlin for the time and effort spent in serving the
taxpayers of the County. He MOVED to accept Mr. Catlin’s recommendation of not hiring a lobbyist and appointing
the County Finance Director to the Port, Waterway and Beach Commission. The motion was SECONDED by
Commissioner Pritchett.
Chairman Greer asked as a point of order whether a motion was needed when the Board did not authorize the
PWBC to enter into a contract.
County Attorney Copley responded that no action was needed since the PWBC is not recommending approval
of a contract.
Mr. Catlin responded that Marlowe and Company had submitted a proposal to the PWBC, but he did not
recommend accepting the proposal at this time.
MOTION
: Commissioner Davis MOVED, SECONDED by Commissioner Caster, to appoint the County Finance
Director as a member of the Port, Waterway, and Beach Commission. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Caster expressed appreciation to Mr. Catlin and the other members of the PWBC, who provide
a unique service for the County with a small amount of funds. He said that support from Congressman McIntyre and
Senator Dole will continue to be important in getting funding for the beach programs. He cautioned that waiting one
year to hire a lobbyist may not make a difference, but the County may need help to get reauthorization for the project
agreements or funding for a study of Snow’s Cut.
Chairman Greer reiterated that it will be important for the County to lobby its federal legislators to make sure
that the federal match continues and that the County beaches continue to be renourished.
Mr. Catlin agreed saying that the State’s contribution is also a significant part of the funding for the beach
projects and it is important that they continue to be dependable partners.
Chairman Greer thanked Mr. Catlin for the updated information.
CONSIDERATION OF RESOLUTION TO WAIVE THE COUNTY NOISE ORDINANCE TO EXPEDITE
COMPLETION OF THE NCDOT MILITARY CUTOFF ROAD PROJECT
Deputy County Attorney Burpeau stated that NCDOT has requested the County noise ordinance be waived
for the State and its contractors in order to expedite road work on Military Cutoff. Since public health and safety
require the expeditious completion of the public roadway, he recommended the Board adopt the resolution, which
establishes
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 922
CONTINUED MEETING, FEBRUARY 25, 2004
that work on the State highway will not constitute a public nuisance under the County Code. Neither the State nor its
contractors would then be subject to citation for noise violations when working at night. NCDOT will include language
in its construction contract to help limit noise. The State has indicated that the grading and construction contracts
would have provisions to minimize the sound. Heavy blasting would occur during the day, but other work will need
to be done at night. If the Board adopts the resolution, constructing a road under the proposed constrictions would not
be a violation of the noise ordinance.
Chairman Greer pointed out that based on the map provided by the Planning Staff, only a small portion of
Military Cutoff is in the unincorporated area of the County and that the City of Wilmington will need to approve the
night work for most of the road construction area.
Deputy County Attorney Burpeau agreed saying that both government entities will need to be involved in the
process.
Chairman Greer read the resolution and called for a motion to adopt.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the resolution
approving the waiver of the noise ordinance.
Commissioner Davis asked whether residents and business owners along Military Cutoff Road have been
notified that the Board is considering the variance.
Deputy County Attorney Burpeau responded that he was unaware of any notification to those individuals. He
assumed that NCDOT would contact people in the area.
Commissioner Davis said he felt that the people living in the area and affected by the night construction
should have an opportunity to voice their concerns. He did not want to vote on the issue until the residents have been
notified of the request and have an opportunity to come before the Board with any concerns.
Commissioner Pritchett agreed saying that people in the residential area should have an opportunity to speak
unless the section that backs up to the residential area is excluded from the waiver of the noise ordinance.
Chairman Greer pointed out that construction is mostly to the south and on the other side of the road from
the residential area.
Vote
: Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in
opposition.
Commissioner Davis requested staff to notify the County residents and business owners on Military Cutoff
Road of the waiver as soon as possible.
Vice-Chairman Boseman said that the people living in the area will be more concerned about hearing when
the road project will start and asked that they be notified also of the good news of the project starting soon.
A copy of the Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 24.8.
CONSIDERATION OF PROPOSED ROUTES FOR NCDOT THOROUGHFARE PROJECTS FOR
MILITARY CUTOFF AND HAMPSTEAD BYPASS PROJECTS
Senior Planner Baird Stewart stated that NCDOT is working on two feasibility studies for thoroughfare
projects at Military Cutoff Road Extension and US Highway 17 Hampstead Bypass. The feasibility studies are part
of the highway planning process to determine environmental concerns and the estimated costs of improvements. They
have requested the Board to submit preliminary comments on proposed routes by February 16, 2004. He proposed that
he would send the comments by e-mail and follow up with a formal letter from the Chairman.
Planner Stewart explained that two alignments are proposed for the Military Cutoff Road Extension at Ogden
Park. Alternative A would extend the road from its current location through Station Road in Dutch Square and north
on the west side of Eaton Elementary School and Ogden Park. Alternative B would probably be a raised facility
through a wetland area of the Park. Alternative C has an at-grade stop light on Market Street and has the same
alignment as Alternative B except for a raised or grade separated overpass at Ogden Park Drive. The feasibility study
will evaluate whether an at-grade intersection or a grade separation intersection will be needed and it will determine
the best route for traffic movements at the intersection of Military Cutoff and Market Street. Both Alternatives A and
B go through wetland areas in the Park, but Alternative A would have more impact on the School and Park facilities.
Staff recommended Alternative B because it would have fewer impacts on the facilities in the park.
Commissioner Pritchett expressed concern that the alignment of Alternative A would be too close to the
elementary school. She did not think a major thoroughfare should be located close to a school for small children.
Chairman Greer said that the Parks Advisory Board supported Alternative B because it would not disrupt
structures already built in the park. He suggested that the Board support Alternative B with a grade separation at
Market Street.
Motion
: Commissioner Caster MOVED to recommend Alternative B to NCDOT and submit comments from the Parks
Department and Schools on the impacts of Alternative A on their facilities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 923
CONTINUED MEETING, FEBRUARY 25, 2004
Commissioner Davis cautioned the Board in supporting a particular alignment when it would seem logical
to wait until the feasibility studies are completed before submitting comments to NCDOT. As a result of the study,
Alternative B may not be the best alignment for the County.
Planner Stewart responded that NCDOT wants the County’s perspective on the three scenarios based on
current facilities. Alternative C will have the least impact on the Park, but NCDOT will determine if it will be an at-
grade or grade separated interchange. The County may want a grade separation at Ogden Park Drive.
Motion
: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to direct the Chairman to write
a letter to NCDOT outlining the Board’s preferences for Alternative B with a grade separation at Ogden Park. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Planner Stewart stated that the Board is requested to consider an alignment to connect with the proposed
Hampstead Bypass. Several alignments were shown, but the one that would be most beneficial to New Hanover County
is an alignment of Point H to Point G. Point H is located near the Military Cutoff Extension and would provide a good
route to connect with the bypass. This area has very limited access and new roads will be important in opening large
parcels of land for residential and industrial development. He suggested that NCDOT should determine the alignment
of the segment from Point G to the bypass.
Commissioner Davis said the Board should wait to see the results of the feasibility study before supporting
a specific recommendation, but the Board should express its interest in a connection of Point A to Point H
Motion
: Commissioner Davis MOVED, SECONDED by Chairman Greer, to support an alignment that connects Point
A (Hampstead) to Point H (R-2405A) at the proposed interchange at the terminus of Military Cutoff Extension
contingent upon the recommendations of the feasibility study. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Mr. Lanny Wilson, the local member of the N. C. Board of Transportation, said that the same map was
approved by the Commissioners several years ago, but the corridor was not preserved. A feasibility study and
revaluation of the area will need to be performed before the road can be scheduled. He encouraged the Board to support
an alignment connecting Military Cutoff Road to the Bypass beginning at Point H.
Mr. Wilson expressed appreciation to the Board for approving the waiver of the noise ordinance for the
Military Cutoff Road construction project. The contract will be out for bid in March and having the waiver will give
flexibility to contractors. He was optimistic that working at night would shave several months off the time to complete
the project.
FIRST READING OF SOLID WASTE FRANCHISE APPLICATION BY SUPERIOR WASTE SERVICES
Assistant County Attorney Moore stated that Superior Waste Services, Inc., a new solid waste hauling
company, has applied for the required County solid waste franchise. All the franchise requirements have been met and
the information has been provided to the Legal Department. If approved by the Board, a second reading will be
required per the State statute regarding franchises.
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the franchise
agreement with Superior Waste Services, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer announced that a second reading will be held at the next meeting on March 8, 2004.
CONSIDERATION OF ORGANIZATIONAL CHANGES IN THE ENGINEERING DEPARTMENT AND
WATER AND SEWER DISTRICT
Chief Project Engineer Greg Thompson stated that in recognition of the continued growth of the community
and utility infrastructure, the increased demands on the Engineering Department, the high cost of outside professional
services, and a stated desire of the County to operate more efficiently, he proposed changes to the organizational
structure of the Engineering Department. The new structure would include adding the positions of a Deputy County
Engineer, Senior Project Manager, and an Engineering Technician by modifying two existing positions and creating
one additional position. The proposed changes can be accommodated within the current salary structure if the position
of Construction Project Coordinator remains unfilled at this time. The net result would create a savings in the
departmental operating expenses and contracted services. The changes include:
•Reclassify Engineering Manager (Pay Grade MG09) to Deputy County Engineer (Pay grade MG11). This
position would continue to report directly to the County Engineer and be responsible for the operation of the
department in the absence of the County Engineer. The position will focus on in-house design and
management of water and sewer projects, water and sewer maintenance operations, and management of
professional/technical engineering staff. Performing professional design, permitting, and construction
management services by in-house staff will result in a savings in water and sewer project costs and increase
the department’s level of service to the community.
•Reclassify vacant Engineering Manager (Pay Grade MG09) to Senior Project Manager (Paygrade MG05).
This position would not require a professional engineer’s license and would be responsible for the
management of all capital projects for the County and for construction management services of water and
sewer projects when necessary. At this time there is a lull in County capital projects, but high activity in water
and sewer projects.
•Add CAD Operator position (Pay Grade PT03) to perform in-house professional services and be responsible
for assisting in the design and permitting of water and sewer projects by performing computer aided drafting
(CAD), assisting the professional engineering staff with design work, and providing specialized inspections
when necessary.
•The Construction Projects Coordinator position would remain and would report to the Senior Project
Manager.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 924
CONTINUED MEETING, FEBRUARY 25, 2004
Because of the need for separate actions by the Board of County Commissioners and the Water and Sewer
District Board, Chief Project Engineer Thompson stated that the Water and Sewer District will need to authorize the
creation of the Deputy County Engineer and Engineering Technician Positions.
Commissioner Davis asked if money was in the Engineering Department’s budget to cover the changes in
positions for this fiscal year and if next year’s budget will be increased due to the changes. He said he would not
support increasing the size or costs of government.
Chief Project Engineer Thompson responded that the restructuring will be a savings within the salary structure
and operational expenses. One position will remain vacant. The changes in the responsibility of the positions will
result in salary savings for future budgets. He explained that the Engineering Department does not have the ability
to manage small projects and must contract out for design services. By implementing the proposed changes the County
will be able to perform those task with in-house staff. Also the department will develop an overlay map of the County’s
utilities using the GIS data. This information will be beneficial to County staff, professional engineers, and the public.
In conclusion, Chief Project Engineer Thompson said that although the County has had several capital
building and construction projects, the focus now will be on utility type construction that will require a different type
of construction management.
County Manager O’Neal explained that the Board must approve any reclassification or addition of positions
and he requested approval of the proposed reorganization plan for the Engineering Department.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the organization
changes as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer congratulated Chief Project Engineer Thompson on his promotion to County Engineer and
he expressed appreciation to County Engineer Wyatt Blanchard for his years of service. He wished Mr. Thompson well
with his new position.
BREAK
Chairman Greer called a break from 10:30 a.m. to 10:50 a.m.
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 11:00 a.m. until 11:19 a.m.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved to allow the public to present an item that was not
listed on the Regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Items Presented by Commissioner Caster
The following items were presented by Commissioner Caster:
•Commissioner Caster reported that he will not attend the Regular Meeting of March 8, 2004, due to a planned
mission trip to Antigua. When planning for the trip, he did not realize the Board would be meeting on the
second Monday instead of the first Monday of the month as usual.
•Commissioner Caster spoke on attending the Airlie Arts Festival Kickoff Reception and announced that the
festival will be held on April 30 - May 2, 2004.
•Commissioner Caster reported that he attended the breakfast meeting at First Baptist Church this morning
and attended the annual Human Relations Banquet at Fifth Avenue First Baptist Church on February 13,
2004.
•Commissioner Caster reported that Nancy Guthrie and Nick Garrett of the Clean Water Trust Fund Board
attended the Tidal Creek Management Advisory Board meeting on February 6, 2004. They were anticipating
that more funding will be available for other tidal creek projects.
•Commissioner Caster presented copies of two newspaper articles: one on the City of Pittsburgh’s budget
deficit and another on regional growth solutions used by the Twin Cities Metropolitan Council.
Items Presented by Vice-Chairman Boseman
The following items were presented by Vice-Chairman Boseman:
•Vice-Chairman Boseman congratulated Doug Fox, who was recently appointed as Chairman of the N.C.
Alcohol Beverage Control Commission by Governor Easley.
•Vice-Chairman Boseman requested the Board to meet with the Board of Education concerning problems of
scheduling softball fields and parking at Hoggard High School.
Chairman Greer agreed that a meeting is needed. He requested staff to prepare a list of the park facilities,
contracts scheduled for renewal, and expenses the County pays for the operation of each park for the schools.
County Manager O’Neal responded that he would contact the Superintendent of Schools to schedule a joint
meeting and staff will prepare an inventory showing the County’s responsibility for these park facilities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 925
CONTINUED MEETING, FEBRUARY 25, 2004
MEETING RECESSED TO HOLD A JOINT MEETING WITH CITY COUNCIL
Chairman Greer recessed the meeting at 11:25 a.m. and announced the meeting would be called back to
Regular Session at 1:00 p.m. The Board met with the Wilmington City Council to hear a presentation on the strategic
plan for merging the Wilmington Transit Authority and the New Hanover County Transportation Services to become
effective July 1, 2004.
ADDITIONAL ITEMS- COUNTY COMMISSIONERSCONTINUED
()
Items Presented by Commissioner Pritchett
The following items were presented by Commissioner Pritchett:
•Commissioner Pritchett reported that she traveled with the transportation group to look at the multi-model
sites across the State. She said that it was interesting to see other cities that have been able to renovate old
train stations to accommodate train and bus terminals within their communities. The trip was valuable to her
because of the interaction and discussions among the 35 people traveling on the bus. She expressed
appreciation to Greyhound for providing the bus and City staff for the lunch.
•Commissioner Pritchett reported that she attended an open house at Elderhaus for a presentation on its new
medical services. They now offer physical therapy and administer medication to clients.
•Commissioner Pritchett reported that she met recently with the Wilmington Tree Commission and reminded
everyone that March 19, 2004 is Arbor Day in North Carolina. She will be working with the schools on their
Arbor Day presentations.
ADDITIONAL ITEMS - COUNTY MANAGER
Scheduling of Joint Meetings with Wilmington City Council and Board of Education
County Manager O’Neal stated that City Manager Cheatham would like to give a presentation on the proposed
plans for a convention center at the next meeting. Some council members will be attending.
Consensus
: The Commissioners agreed to hear a presentation on the convention center at the Regular Meeting of
March 22, 2004, since Commissioner Caster would not be at the March 8, 2004 meeting.
In further discussion on scheduling a meeting with the Board of Education, County Manager O’Neal had
suggested meeting after the staff meeting on March 4 or March 18, 2004. However, Chairman Greer and
Commissioner Pritchett were unable to meet on March 18.
Chairman Greer suggested having a breakfast meeting with the Board of Education, saying it may be a more
convenient time of the day for everyone to get together.
Commissioner Davis responded that Monday, Tuesday and Thursday are days that he would be able to attend
a breakfast meeting.
County Manager O’Neal said that he would arrange a breakfast meeting in the Assembly Room of the
Courthouse.
Announcement of New IT Director Leslie Stanfield
County Manager O’Neal announced that Leslie Stanfield from Johnston County will begin work with the
County as the new IT Director on February 17, 2004. Mr. Clontz will be retiring at the end of February.
Approval to Recess Meeting until February 25, 2004
Finance Director Shell requested the Board to continue the meet until February 25, 2004, for further discussion
of the refunding bond issue. The meeting should last no longer than 15 minutes and it is needed to set the bond sale
on March 2, 2004 instead of March 9, 2004. A telephone conference call can be arranged for any Commissioner
unable to attend the meeting in person. He will provide the bond documents to the Board before the meeting.
Consensus
: The Board agreed to recess the Regular Meeting until February 25, 2004, at 11:00 a.m. in Conference
Room 501 of the County Administration Building.
CLOSED SESSION
Chairman Greer called for a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to
consult with the County Attorney regarding a matter of litigation and to consider a personnel matter as required by
N.C.G.S. 143-318.11(a)(6).
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to enter into Closed Session for the
purposes stated. Upon vote, the motion CARRIED UNANIMOUSLY.
Chairman Greer convened to Closed Session at 1:30 p.m.
Chairman Greer reconvened to Regular Session at 4:11 p.m. He reported that the Board consulted with the
County Attorney regarding a matter of litigation in the Closed Session and stated that no action was taken. He also
reported that the Board interviewed candidates for the position of Clerk to the Board, but no final decision was made.
MEETING RECESSED
Chairman Greer recessed the meeting at 4:12 p.m. until Wednesday, February 25, 2004 at 11:00 a.m. The
meeting will convene in Room 501 of the County Administration Building for further consultation on the bond order.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 926
CONTINUED MEETING, FEBRUARY 25, 2004
CONTINUED MEETING OF FEBRUARY 16, 2004
ASSEMBLY
The New Hanover County Board of Commissioners met in a Continued Meeting of the February 16, 2004
meeting on Wednesday, February 25, 2004, at 11:00 a.m. in Conference Room 501 of the County Administration
Building, 320 Chestnut Street, Wilmington, North Carolina.
Members present were: Chairman Robert G. Greer; Commissioner William A. Caster; Commissioner Nancy
H . Pritchett; County Manager, Allen O ’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board,
Teresa P. Elmore.
Vice-Chairman Julia Boseman was present via a telephone conference call. Commissioner Davis was absent.
Chairman Greer called the February 16, 2004 meeting back to order and reported that the Board recessed the
meeting until February 25, 2004, to continue discussion of the refinancing of the bond.
CONSIDERATION OF RESOLUTION TO AUTHORIZE THE SALE OF $57,000,000 OF NEW HANOVER
COUNTY GENERAL OBLIGATION REFUNDING BONDS
Chairman Greer stated that the Board is considering a Resolution to approve the terms of the sale of New
Hanover County General Obligation Debt Refunding Bonds and to authorize the Bond Escrow Deposit Agreement.
He called for a motion.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt a Resolution approving
the terms of the sale of New Hanover County General Obligation Debt Refunding Bonds and to authorize the Bond
Escrow Deposit Agreement. Upon vote, the MOTION CARRIED 4 to 0.
A copy of the Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 24.9.
Finance Director Shell announced that Commissioner Davis had called to say that he was unable to attend
the meeting, but that he was in full agreement with the refinancing of the bonds.
Chairman Greer said that he had asked Finance Director Shell about the fluctuation in the pay back of the
bond. He wanted to make sure that taxpayers in future years would not have a tremendous increase. He asked Finance
Director Shell to explain the $7 million increase in 2018.
Finance Director Shell presented a graph showing the principal and interest payments over the 24 year period.
The County has made an effort to keep the payments from spiking up and down. Every time the County issues debt,
it is matched with the existing amortization schedule to evenly spread the payment. The 2018 payment increased from
$5.7 million to $7.5 million in principal payments because another debt will be paid off.
In further discussion of the bond sale, Finance Director Shell said he expected a savings of $1.9 million from
refinancing this debt. He ran the sale through BB&T this week and estimated a savings of $2.9 million. The date of
the sale was changed from March 9 to March 2 because the economic indicator reports will come out between March
2 - 9. Hopefully the rates should be more stable on March 2 and the County will have a significantly higher savings
than initially anticipated.
ADDITIONAL ITEMS
County Manager O’Neal reminded the Board that the annual meeting of the Chamber of Commerce will be
tomorrow, February 26, 2004. Vice-Chairman Boseman will represent the County at the meeting.
Vice-Chairman Boseman reported that Chief Executive Officer Jack Barto of New Hanover Regional Medical
Center will attend a Board Meeting to meet the Commissioners. Commissioner Caster had requested that Mr. Barto
be introduced at a public meeting. She also announced that Vice President of Facilities and Support Services, Vincent
Cicchino, has resigned from the hospital.
There being no other business, Chairman Greer called for a motion to adjourn.
Motion
: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the
MOTION CARRIED 4 to 0.
Chairman Greer adjourned the meeting at 11:15 a.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board