2004-03-08 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 929
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, March 8, 2004, at
5:30 p.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
The Reverend Paul Waters, Pastor of Myrtle Grove Baptist Church, gave the invocation.
Vice-Chairman Boseman 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.
After hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following minutes:
Regular Meeting, February 2, 2004
Closed Session, January 5, 2004
Closed Session, January 20, 2004
Closed Session, February 2, 2004
Closed Session, January 21, 2003
Adoption of Resolution Requesting NCDOT to Add Passage Gate Way, in Crown Ridge at Tidalholm Subdivision
to the State Highway System
The Commissioners adopted a Resolution requesting NCDOT to add Passage Gate Way, in Crown Ridge at
Tidalholm Subdivision (Div. File No: 1043-N), to the State Highway System, as the street meets the State road criteria.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 25.1.
Approval of Grant Application for Criminal Justice Partnership Program (CJPP) FY 2004-2005
The Commissioners approved a grant application for the Criminal Justice Partnership Program for FY2004-
2005. Grant funding in the amount of $141,515 from the State is provided annually to cover the cost of the Day
Sentencing program and partially fund the Pretrial Release program. There is no required County match for these
funds. The Pretrial Release program is coordinated through the County Manager's Office, while the Day Sentencing
Center is operated through contract with Coastal Horizons. The Day Sentencing Center provides judges with an
intermediate sentencing option for those sentenced for lesser crimes, saving the valuable prison space for dangerous
felons. The Board authorized the acceptance of the grant when awarded and approval of necessary budget amendment.
Approval of Funding Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile
Justice and Delinquency Prevention Funds for FY 2004-2005
The Commissioners approved funding recommendations for the Department of Juvenile Justice and
Delinquency Prevention Funds for FY 2004-2005. The Juvenile Crime Prevention Council (JCPC) is responsible for
making recommendations to the Commissioners for funding provided by the Department of Juvenile Justice and
Delinquency Prevention (DJJDP) on an annual basis. The following recommendation will be submitted to the State
for final approval:
Psychological Services (SEMH) $114, 862
Home-Based Services (SEMH) 90,000
Juvenile Day Treatment Center 203,045
Teen Court 30,000
Administrative 13,000
Total $450,907
Acceptance of Partnership for Children Grant Funds and Approval of Budget Amendment 04-0159 for the
Library - 6115 Partnership for Children
The Commissioners accepted grant funds from the State Partnership for Children Program in the amount of
$44,000. The Library received a final budget and contract for the New Hanover County Partnership for Children,
which will be used to provide library services to child care centers in New Hanover County. The following budget
amendment was approved:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 930
Budget Amendment 04-0159 for the Library - 6115 Partnership for Children
Adjustment Debit Credit
Partnership for Children Grant $44,000
Temporary Salaries $32,533
Social Security Taxes $ 2,489
Departmental Supplies $ 503
Employee Reimbursements $ 1,382
Postage Expense $ 160
Printing Charges $ 300
Dues and Subscriptions $ 65
Books and Periodicals $ 6,568
Explanation: To budget an additional $44,000 received from the Partnership for Children Grant Program.
Approval of Cape Fear Museum’s Application for Grassroots Arts Grants
The Commissioners authorized the Cape Fear Museum to apply as the designated partner for sub-granting
funds designated to New Hanover County for Grassroots Arts Grants. If approved, the Museum will manage the
Grassroots Arts Grants distributed by the NC Arts Council to New Hanover County. The request is for approximately
$22,000 with 90% to be distributed as sub-grants to local 501(c)(3) arts organizations which meet review standards
established by an objective committee of reviewers. Ten percent will be used to offset costs of administration and to
secure an intern from the UNCW Public Administration graduate program. The Museum Director will be the
designated manager. The Commissioners authorized acceptance of the funds and approval of associated budget
amendment if the grants are awarded.
Approval of Budget Amendment # 04-0158 General Government - Room Occupancy Tax
The Commissioners approved the following budget amendment:
Budget Amendment # 04-0158 General Government - Room Occupancy Tax
Adjustment Debit Credit
Room Occupancy Tax First 3%:
ROTS Collection Fees $ 11,500
ROTS - Carolina Beach $ 358,266
ROTS - Wrightsville Beach $ 790,298
ROTS - Kure Beach $ 0
ROTS - Wilmington $1,269,048
Contracted Services $ 11,500
TDA - 2nd 3% Carolina Beach $ 358,266
TDA - 2nd 3% Wrightsville B. $ 790,298
TR - Wilmington Special Acct. $1,269,048
Room Occupancy Tax 2nd 3%:
ROTS Collection Fees $ 11,500
ROTS - Carolina Beach $ 358,266
ROTS - Wrightsville Beach $ 790,298
ROTS - Kure Beach $ 0
ROTS - Wilmington $1,269,048
Contracted Services $ 11,500
TDA - 2nd 3% Carolina Beach $ 358,266
TDA - 2nd 3% Wrightsville B. $ 790,298
Special Account Wilmington $1,269,048
TDA - 2nd 3% Kure Beach $ 0
Explanation: To adjust budget for Room Occupancy Tax in accordance with direction from
auditors.
Approval of Budget Amendment 04-0161 Department of Social Services - Child Day Care
The Commissioners approved the following budget amendment:
Budget Amendment 04-0161 Department of Social Services - Child Day Care
Adjustment Debit Credit
Child Day Care:
Office Day Care Services $638,480
Day Care Services $638,480
Explanation: To budget an additional $638,480 for child day care services. Original projected estimate was
that the County would have a $1 million shortfall if additional funds were not received. This additional
funding will reduce the projected shortfall to $354,000. The County will learn whether there is any additional
child day care funding in March, 2004. The County initiated a waiting list last summer for day care; there
are currently 390 children on the waiting list.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 931
Approval of Budget Amendment 04-0162 - Sheriff’s Office
The Commissioners approved the following budget amendment:
Budget Amendment 04-0162 - Sheriff’s Office
Adjustment Debit Credit
Administration:
Other $4,425
Motor Vehicle Purchases $4,425
Explanation: To budget insurance proceeds for vehicle purchases.
REGULAR ITEMS OF BUSINESS
INTRODUCTION OF LESLIE STANFIELD, DIRECTOR OF INFORMATION TECHNOLOGY (IT)
County Manager O’Neal introduced Ms. Leslie Stanfield, the new Director of IT, and presented background
information on her career and accomplishments. Ms. Stanfield is a graduate of East Carolina University and holds
a Masters Degree in Business Administration. She is the former Management Information Systems Director of
Johnston County with thirteen years experience in local government technology. She is married to Landis Stanfield
and has three sons.
In concluding his remarks, County Manager O’Neal stated that Staff was looking forward to working with
Ms. Stanfield in continuing the advancement of technology in New Hanover County.
Director Stanfield stated that she is excited about working in New Hanover County and looking forward to
working with staff and the Commissioners.
On behalf of the Board, Chairman Greer welcomed Ms. Stanfield to New Hanover County and wished her
success in her position.
Chairman Greer also welcomed Sheila Schult sitting in the audience. Ms. Schult will replace Lucie F. Harrell
as Clerk to the Board upon Ms. Harrell’s retirement.
ADOPTION OF PROCLAMATION DECLARING MARCH 2004 AS
WOMEN’S HISTORY MONTH
Chairman Greer read the proposed proclamation declaring March as Women’s History Month and called for
a motion to adopt.
Motion:
Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt the Proclamation
declaring March as Women’s History Month. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer presented the proclamation to Ann Seymour of the Commission for Women and to several
local Girl Scouts attending the meeting.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 25.2.
PUBLIC HEARING TO CONSIDER A PROPOSED ECONOMIC DEVELOPMENT INCENTIVE GRANT
TO CELLCO PARTNERSHIP
Chairman Greer opened the public hearing to hear comments on the County’s proposal for an economic
development grant to Cellco Partnership.
Scott Satterfield, Executive Director of the Wilmington Industrial Development (WID), and Jeremy Phillips,
Director of Business and Development, presented the request for an economic development incentive program for
Cellco Partnership d.b.a./ Verizon Wireless. Mr. Satterfield said the company is establishing a major financial service
center and WID is competing to get the project for the area. The County’s economic development investment grant
program will be instrumental and critical to the success of getting the company to come to the area. The company will
staff at least 1,000 employees long term, most of whom will be local hires with a minimum starting salary of $25,000.
Additionally, the company will provide generous health and medical benefits. When the proposed $20 million facility
is fully staffed, its annual payroll will be $30 million. Verizon is a successful company that has 42,000 employees and
37. 5 million customers.
Mr. Satterfield said that Dr. William Hall, Economist at the Cameron School of Business at UNCW, has
noted that a company considering an operation of this size would have an annual output impact of well over $300
million in New Hanover, Pender and Brunswick Counties. Based on the expected tremendous economic benefit of
Verizon Wireless on the region and the competitive nature of the project, Mr. Satterfield recommended that the Board
approve the economic incentive grant not to exceed $1.5 million, payable over a period of seven years, with a maximum
of $215,000 per year and assistance with expediting County permitting and building inspections services. He expressed
appreciation for the Board’s consideration of the very important economic project.
Commissioner Caster said he fully supported WID’s efforts to get the new business that would not only benefit
New Hanover County but the whole region. He spoke on the importance of Dell Labs to the region.
Commissioner Davis expressed appreciation to Mr. Satterfield and Mr. Phillips for their efforts in recruiting
a good, environmentally clean business that will benefit not only New Hanover County but the region. He noted that
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 932
$215,000 per year is a lot of money, but the return on the investment will be tenfold.
Commissioner Pritchett thanked Mr. Satterfield for recruiting a company of this caliber for the people of New
Hanover County. She said that property taxes for the business alone will recover the investment of the County without
considering the investments made by the 1000 employees.
Hearing no other comments, Chairman Greer closed the public hearing and read the proposed resolution. He
called for a motion to adopt.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the resolution approving
the economic incentive grant for Cellco Partnership. 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 25.3.
Chairman Greer expressed appreciation to Mr. Satterfield and Mr. Phillips for working on the proposal and
wished them success in bringing the company to Wilmington. He spoke on the importance of the proposal for the
County and region.
Vice-Chairman Boseman thanked the Wilmington Industrial Development for their efforts in bringing new
jobs to the County. Second only to educating our children, bringing jobs to the County is a very important issue for
the Commissioners. She encouraged WID to continue its task of bringing good businesses to the area.
PUBLIC HEARING TO CONSIDER A REQUEST BY MICHAEL NADEAU FOR IDA GUTHERIE HEIRS
TO REZONE APPROXIMATELY 0.88 ACRE LOCATED AT 142 GORDON ROAD, FROM R-15
RESIDENTIAL TO I-2 HEAVY INDUSTRIAL (Z-773, 02/04)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make a
presentation.
Planning Director Hayes presented a map and slides of the site and surrounding properties and reported that
the petitioner is requesting the Board to rezone approximately 0.88 acre at 142 Gordon Road. The property is located
at the intersection of Gordon Road, Blue Clay Road and Twenty-third Street and is classified as Urban Transition. The
I-2 Heavy Industrial Zoning District was established in 1972. A large industrial building occupies the majority of the
I-2 district south of Gordon Road. Some of the residential lots including the subject property extend outside the 225
foot district boundary creating lots with Residential and Industrial zoning.
The petitioner is requesting a rezoning of the frontage of the subject parcel from R-15 Residential to I-2 Heavy
Industrial consistent with the zoning on the rear portion of the parcel. The property is bounded on the southeast side
by rail lines that run along Blue Clay Road and Division Drive. The property across Division Drive is zoned AI
Airport Industrial and is the current location of a State operated prison. The parcels on the east side of Twenty-third
Street across from the subject property are zoned AI Airport Industrial, and the northwestern quadrant of the
intersection across Gordon Road is still zoned R-15 Residential. The realignment of the intersection has also affected
the desirability of the property for residential use.
Given the surrounding land uses, the busy intersection, and other limitations on the subject property, Planning
Staff recommended approval. The Planning Board voted 6-0 to recommend approval of the rezoning request at its
February meeting. The Planning Board also recommended rezoning the resulting remnant portion of the right-of-way
in the southeastern corner from R-15 to I-2 as well. No one spoke in support or opposition to the request.
Commissioner Davis asked the County Attorney if rezoning the resulting remnant of the right-of-way from
R-15 to I-2 would present a legal problem.
County Attorney Copley responded that rezoning the remnant areas should not be a problem.
Planning Director Hayes agreed saying that typically the rights-of-way are rezoned as well and this rezoning
would eliminate residential use of the property if approved.
Mike Nadeau of Creative Properties and representing the heirs of Ida Gutherie, said that the bulk of property
was zoned I-2 and he requested that the remaining one-third acre, adjacent railway and right-of-way areas be rezoned
to I-2. The Gutheries purchased the land in 1953 from the County, but changes to the surrounding area through the
years have made the property unsuitable for residential use.
Hearing no further comments, Chairman Greer closed the public hearing and requested direction from the
Board.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to approve rezoning 0.88 acre at
142 Gordon Road at the intersection of Gordon Road, Blue Clay Road and North Twenty-third Street, from R-15
Residential to I-2 Heavy Industrial, including the remnant portion of the right-of-way in the southeastern corner from
R-15 to I-2, 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 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 9A, Page 46.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 933
PUBLIC HEARING FOR CONTINUED ITEM FROM FEBRUARY 2, 2004 BOARD MEETING - A
REQUEST BY ESTHER LEE FOR CHARLES FOY TO REZONE APPROXIMATELY 3.09 ACRES
LOCATED IN THE 7700 BLOCK OF MARKET STREET NORTH OF MERCER MARINE FROM R-15
RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-771, 01/04)
Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make a
presentation.
Planning Director Hayes said that Esther Lee, the adjoining property owner, petitioned to change the zoning
for this property from R-15 to B-2 Business. At the last meeting the Board approved a Special Use Permit for a mixed-
use development project on adjacent property that included commercial uses on the frontage and residential
development to the rear. The Special Use Permit imposed conditions to provide an access easement from this property
to Mr. Foy’s property, which currently does not have any known access. The Board deferred action on rezoning Mr.
Foy’s property at the last meeting to allow Attorney Ken Shanklin to make another effort to contact the property owners
in New York.
County Attorney Copley reported that information from Mr. Shanklin’s office was faxed to the Commissioners
earlier in the day.
Ken Shanklin, representing the applicant Esther Lee, stated that he had sent a letter to Jonathan F. Foy and
Charles Foy in Bronx, NY on February 17, 2004, by certified mail with return receipt requested. He also sent a first
class envelope addressed to the same men and it has not been returned. The certified mail returned receipt letter was
returned back to his office as refused and unclaimed. He provided an affidavit signed by his paralegal Pam Craig
affirming the attempts made to contact Messrs. Jonathan F. Foy and Charles Foy. The letter sent on February 17
included two previous letters sent. He did not know of anything more he could do to get a response from the owners
and he has done everything the statutes require. A check sent to them was cashed, but no further response has been
made. He requested the Board to include the Foy property in the rezoning to make the B-2 zoning area contiguous.
Planning Director Hayes reminded the Board that the Planning Board had recommended to rezone the
property B-2 to coincide with the existing commercial district on the north side. The back portion of the property
would remain residential, but the new district boundary would encompass a portion of the property to the north and
west.
Mr. Shanklin agreed saying that the request was for the entire length to be rezoned to B-2 with the back
portion to remain R-15.
Motion
: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve rezoning
approximately 3.09 acres in the 7700 block of Market Street to a depth of the zoning district line to the north from R-15
Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis voted in
opposition.
Commissioner Davis said that he appreciated the efforts made by Mr. Shanklin in trying to contact the owners,
but he did not believe government should rezone property unless the owner requested the rezoning.
Commissioner Pritchett commented that the owners had an opportunity to provide a response and that she
felt that their silence gives consent.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF ZONING AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 49.
CONSIDERATION OF REQUEST BY CITY COUNCIL TO RETURN TO THE CITY
EXTRATERRITORIAL LAND USE REGULATION JURISDICTION IN AREAS ADJACENT TO THE CITY
Chairman Greer reported that the Wilmington City Manager has requested to withdraw this item from the
agenda.
CONSIDERATION OF ADDITIONAL STAFF FOR THE INSPECTIONS DEPARTMENT
Inspections Director Jay Graham stated that he needed nine additional positions for Code Enforcement
Services of the Inspections Department because of increased construction activity. The additional staff would be funded
from user fees generated from inspection fee revenue. There would be a reduction-in-force policy if fees do not support
the positions. The following positions were requested: 2 Zoning Code Enforcement Officers, 1 Building Code
Enforcement Officer, 1 Plumbing Code Enforcement Officer, 1 Mechanical Code Enforcement Officer, and 1 Electrical
Code Enforcement Officer, 1 Code Administration Services Technician, 1 Assistant Chief Code Administration
Services Code Official, and 1 Information Systems Support Specialist. The cost for the remainder of FY03-04 will be
$91,523. FY04-05 cost is estimated to be $440,000. FY03-04 revenue is estimated to exceed expenditures by $400,000
and FY04-05 revenue is estimated to be at least equal to expenditures.
Director Graham presented a historic overview of construction in New Hanover County since FY95-96,
including a history of positions added and lost during the same time period. The County is projected to have $584
million of construction this year and if Verizon moves to the area, construction may be more than $600 million. He
spoke on the importance of the Inspections Department as a marketing tool in getting industry to move to the area.
He said that he has worked with Scott Satterfield and Wilmington Industrial Development in recruiting businesses to
the area. He reported on the aggressive construction schedule of Mayfaire and the special efforts made by the
Inspections Department to make it happen.
Director Graham said his management team has continued to look at ways to reorganize and be more efficient.
He believed his department was close to being over burdened, especially since he lost four positions through attrition
during the past couple of years. He requested the Board to add the additional personnel.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 934
In discussion of the revenues generated by the fees, Director Graham explained that the fees pay for salaries,
supplies, cell phones, computers, and other equipment. Building expenses are paid from the General Fund.
Commissioner Caster spoke on the importance of the Inspections Department as a public safety program for
the entire County since they perform fire inspections which safeguard people who support businesses in the County.
He felt there was some rationale that building expenses and janitorial services for the department should be paid from
the General Fund.
Commissioner Davis commended the hard working employees of the Inspections Department and he asked
what positions were lost to downsizing.
Director Graham responded that he lost a Mechanical Inspector, who took early retirement for a medical
disability; an Assistant Code Administration Services Chief, who moved away; an IT Support Specialist, who now
supports all departments in the Annex; and a Plan Reviewer in the Zoning Division.
Commissioner Davis asked what happens to remaining revenues after expenses are paid.
County Manager O’Neal responded that remaining revenues are transferred to the General Fund Balance.
Vice-Chairman Boseman spoke on the importance of the building industry to the economy of the area. She
supported adding positions to help employees with their heavy work load.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to approve the additional nine
positions for the Inspections Department.
In further discussion, Buck O’Shields, a local contractor and Chairman of the Inspections Department
Advisory Committee, spoke on the efforts of the committee to improve the technology of the Inspections Department,
which enables the construction industry to work on-line with the department. He complimented the Inspections
Department at being one of the best in the State, and stated that the Advisory Committee supports adding the nine
positions.
Chairman Greer said that he realized the County is growing and the Inspections Department does a great job,
but he could not support adding all nine position at one time. He had asked for a compromise, but he was told they
needed all nine. Although these positions will be paid by fees collected by the department, he felt the funds should be
used to cover other needs in the County.
Commissioner Davis expressed concern for the taxpayers of the County. The Commissioners control tax
increases by controlling the size of government thereby controlling its cost. He supported adding the four positions
lost through attrition, but he did not see justification for adding all nine positions at a cost of $440,000. He felt that
excess funds should go to the General Fund, Schools, or other needs in the County.
Substitute Motion
: Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to approve adding five
positions for the Inspections Department.
Mr. O’Shields reiterated that tax money would not be used to pay for the additional employees. The salaries
and expenses of the department are paid from inspection fees and permits. No other department in County government
is self-supported through fees. The department also provides free inspections for the County, City, and other
government entities at the expense of those who pay the fees. The building cost and janitorial services can be paid from
the fees, but adjustments may need to be made to the fee schedules.
Vice-Chairman Boseman pointed out that as more homes and buildings are built in the County, the revenue
from ad valorem taxes increases. She expressed concern that some employees may leave County employment because
of being over worked and builders may move to build in Brunswick and Pender Counties because of not getting the
inspection services on a timely basis. She values the County employees and does not think Director Graham would
be asking for positions unless he desperately needed them.
Director Graham reiterated that current employees support a $420 million construction program. Replacing
four positions will enable the department to handle the work load of a $420 million construction program, but not the
anticipated $600 million program. The employees may be able to handle the work load for a short period of time, but
they will need some help eventually. After adding two zoning positions, the County will have half the number of
positions employed by the City of Wilmington to perform the same amount of work. The department also performs
the City’s and County’s CAMA programs.
Director Graham recognized his management team in the audience who prepared the department’s mission
statement “to preserve and protect the lives and property of our community.” To fully perform the functions of the
Inspections Department, he said that he needs all nine new employees. Without the extra help, more time will be
required to complete inspections or employees may not do a good enough job, which will put the public at risk.
Commissioner Pritchett said that she was reluctant to approve nine positions at this point because of not
knowing whether Cellco Partnership will be moving to the County. She asked Director Graham to come back with
his request after the decision is made by Cellco.
Director Graham responded that regardless of whether Verizon comes to the County or not, he will still have
a $600 million construction program to support. He said he would bring his request back to the Board at a later time.
County Manager O’Neal spoke on the importance of the Inspections Department as a public safety division.
The department has done a remarkable job under recent budget constraints, but he was concerned that without
sufficient
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 935
help there would be poor construction oversight and a lack of quality construction that people have grown accustomed
to or the builders will experience greater delays in construction, which will increase their costs. The quicker these
inspections can be made, the quicker the projects will be on the tax rolls. He said a reduction in the work force will
occur if construction projects slow down and fees decrease. The new employees will have to sign a waiver saying they
understand their jobs will be eliminated if fees are not generated by the construction work. He urged the Board to add
the nine positions.
Chairman Greer said that the motion was for the approval of 5 positions. He suggested that Director Graham
may want to come back in six months to say he still needs more people. A $600 million construction program is $50
million a month. In six months if fees can support a $300,000 program, he may be inclined to add more people, but
he thinks adding five positions at this time will help the department until the Board can determine if additional
employees are needed.
Commissioner Pritchett agreed saying that if the department finds that five new employees are not enough,
Director Graham should come back with another request.
Commissioner Caster requested that the motion be amended to say that the Board will reevaluate the other
four positions within the next six months.
Chairman Greer said that the County will know by the end of the fiscal year whether an additional $400,000
has been transferred to the General Fund Balance. He and Commissioner Pritchett agreed to amend the motion.
Director Graham pointed out that the County already has collected more than the projected $400,000 and it
will take more than three months before individuals will be hired for these positions.
Chairman Greer called for the vote on the substitute motion to add five employees for the Inspections
Department and to reevaluate within the next six months to determine if additional employees are needed.
Vote
: Upon vote, the MOTION CARRIED UNANIMOUSLY.
The following budget amendment was approved to add the five positions:
Budget Amendment # 04-0152 - Inspections Department
Adjustment Debit Credit
Inspection Revenues $45,024
Salaries and Wages $18,449
Social Security Taxes $ 1,412
Medical Insurance Expense $ 5,600
LT. Disability Insurance $ 53
Uniforms $ 1,360
Telephone Expense $ 2,000
Departmental Supplies $ 7,800
Employee Reimbursements $ 2,150
Capital Outlay - Equipment $ 6,200
Explanation: To budget greater than anticipated inspection revenue for an additional five positions and
related expenses in the Inspections Department.
CONSIDERATION OF APPLICATION FROM SUPERIOR WASTE SERVICES, INC. FOR A SOLID WASTE
FRANCHISE (SECOND READING)
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. The information required by the County Code
has been provided to the Legal Department. The franchise application passed unanimously upon first reading and this
is the second reading required per the State statute regarding franchises.
Chairman Greer called for a motion to approve the franchise on the second reading.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Solid Waste Franchise
to Superior Waste Services, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF AMENDMENT TO THE COUNTY CODE OF ORDINANCES CHAPTER 5,
ANIMALS, ARTICLE 1, SECTION 5-3, DUTIES OF ANIMAL CONTROL DIVISION
Chairman Greer stated that the Animal Control Division issues pre-citations to anyone who is in violation
of paying pet license fees. At one time the County had a problem sending bills to individuals who no longer owned
the dogs or if the dogs had died. He asked whether the use of the new computer software program at Animal Control
and the additional employee in the Attorney’s Office for collection of citations has removed the need for a pre-citation.
He suggested that the process may need to be reviewed for a more effective way to handle violators without issuing a
pre-citation.
Animal Control Services Manager Jean McNeil replied that the County has issued the pre-citation since
October 1999. Currently about 13,000 are issued each month, and most of the violators pay when they get the notice,
as they may have been unaware of the fees. Only five of twenty-four veterinary offices collect the fees for the County
and some may not inform the new pet owners of the fees. Also, sometimes the pet owner may get a three-year rabies
vaccination and forget to pay the fee the next year. If pre-citation letters were discontinued, staff would not be able
to process the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 936
volume of appeals.
In discussion of the proposed amendment, Chairman Greer stated that the Board is requested to amend the
County Code by allowing 20 days instead of 7 days to pay or appeal a citation from Animal Control. Furthermore,
citations will be mailed by certified mail instead of registered mail with return receipt.
Commissioner Davis asked whether the proposed changes in the notice requirement will result in any
problems for the County.
County Attorney Copley responded that the proposed changes will make the ordinance more consistent with
other departments that issue citations and certified mailings would provide more appropriate notifications.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to amend the County Code of
Ordinances, Chapter 5, Animals, Article 1, Section 5-3, Duties of Animal Control Division, as recommended by the
County Attorney. 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
XXVIII, Page 25.4. The amended ordinance will be codified into the New Hanover County Code of Ordinances.
Commissioner Pritchett commented on the public not being sufficiently aware of the County’s pet regulations
and she suggested an extensive public education campaign should inform people of the regulations.
Manager McNeil responded that Animal Control also has lost a few employees through attrition and they have
been unable to spend as much time as they would like on educating the public.
Commissioner Pritchett suggested contacting UNCW to see whether an intern could help with a project.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 6:54 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 6:59 p.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.
Johnnie Henagan, President of the Council of Neighborhood Associations (CONA), read a resolution adopted
by CONA concerning the settlement agreement between Billy Earl, LLC et al and New Hanover County. The
resolution requested the Commissioners to rescind or modify the settlement agreement of February 3, 2004, because
CONA felt the safety and well being of the Beau Rivage development had been seriously compromised by certain
provisions of the agreement.
Mr. Henagan commented that several residents from the Beau Rivage community were in the audience and
they stood in support of the CONA resolution.
Chairman Greer expressed concern that the residents of Beau Rivage may have been misinformed concerning
the results of the settlement. In his opinion the Board made the best decision for the residents in Beau Rivage by
settling the lawsuit with the developer, which limited the density in the development. If the lawsuit had gone to court
the ruling either for or against the County would have resulted in increased density in the development.
Mr. Henagan responded that CONA was concerned not only for the people in Beau Rivage but for setting a
precedent for the entire county.
Chairman Greer explained that no precedent was set because it was a legal matter that could have gone to
court and changed a previous decision made by the Board. The settlement does not set a legal precedent for the County
because the Commissioners will not base future decisions on the outcome of this issue.
Brett Waress, representing the Archmil Homeowners Association, spoke on the concerns of the residents in
Archmil Place that were raised seven months ago. The residents have significant problems concerning the wells
installed by the developer Archie McGirt. The wells are filled with sand and sediment and have tested positive for
coliform bacteria. Furthermore, the developer installed fire hydrants that do not have a water source. On October 3,
2003, the County recognized the deplorable conditions of the water and found the developer in violation of County
ordinances. The County ordered the developer to finish the underground water system that he had abandoned and to
connect Archmil Place to the City’s water supply. He was ordered by the County to complete within 90 days, which
expired January 2, 2004. The Zoning Board gave the developer a continuance because he promised to complete the
work. The County had the developer sign a contract to finish the work by April 25.
Mr. Waress said that although the developer has pledged to do the work, he has not yet begun. In the
meantime, Mr. McGirt continues to work on his new development. The community was concerned that the developer
will ask for another continuance while the families continue to buy bottled drinking water, drain sand from water
heaters, and contend with inoperable fire hydrants. The residents have asked the developer to correct these problems
for the past 2 ½ years and the County has told the developer that he is responsible to connect the subdivision to the City
water system. He requested the Board to allow the Water and Sewer District to perform the work and have the
developer reimburse the District so that the neighborhood can get safe drinking water and fire hydrants that work.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 937
Chairman Greer expressed regret that the residents of Archmil Place are still having to deal with these
problems.
Commissioner Caster spoke of an e-mail the Commissioners received from Sharon LaCouture, a resident of
Archmil Place, concerning the issue of non-working fire hydrants. He had informed her that Myrtle Grove Fire
Department was aware of the problem and they would use trucks with water tanks in case they are called to the
neighborhood. The fire hydrants should be covered and he asked the residents to notify the County Fire Administrator
if the fire hydrants remain uncovered.
Bernardino Barini, a resident of Archmil, responded that Mr. McGirt was told to cover the fire hydrants in
1999. On December 4, 2003, the County Fire Marshal notified Mr. McGirt again, but the fire hydrants remain
uncovered. He resented that Mr. McGirt totally ignored the County’s requirements.
Commissioner Caster asked whether the homeowners association had filed a lawsuit against the developer.
Mr. Waress responded that a lawsuit was filed by the homeowner association, but a judge dismissed the case
because it was not a unanimous decision of the homeowners since the developer was a member of the homeowners
association.
Vice-Chairman Boseman asked whether the County could make the improvements for Mr. McGirt.
Assistant County Attorney Moore responded that the County has a binding contract with the developer and
can go to court to force Mr. McGirt to do the work. The developer received a citation from Zoning Enforcement, which
required him to connect the subdivision to City water. Although he appealed the decision to the Zoning Board, he
could have gone to court where the issue could have been held up. County Engineering had tried to hire a contractor
to perform the work, but nobody responded to the request for bid.
County Manager O’Neal responded that the County should resume the search for a contractor immediately,
but he did not want to preempt the developer from performing the work.
In further discussion, the Commissioners agreed that the County should proceed in hiring a contractor to
perform the work if the project has not started by the deadline of April 25. The County would go to court to get
payment if necessary.
Commissioner Pritchett assured the residents that the fire department was aware of the non-working fire
hydrants and that tanker trucks will respond to any calls from the neighborhood.
Paul Vakassian, a resident of Beau Rivage, spoke on the deep concern of the Beau Rivage community for a
provision in the settlement agreement. Although they welcome and encourage development in their neighborhood,
they wanted to keep the established tone and quality of the community. After studying the settlement agreement the
neighborhood was concerned that the County Attorney and Commissioners were misled about the developer’s intent
and he was given a free hand to do as he desired. Also they were concerned that the Board was setting an unusual
precedent which could lead to safety concerns and technical issues for future homes in Beau Rivage Plantation. He
strongly urged the Board to rescind or modify the language in the settlement agreement which takes away the authority
of the TRC, Planning Board, and Commissioners. He objected to the developer building an additional 530 houses in
a small area which will result in safety and traffic concerns for the neighborhood. He argued that the neighborhood
did not have enough open space.
Martin Codd, a resident of Beau Rivage, said he was concerned about the lack of zoning in the County. He
did not understand why he was required to have a 15,000 square foot lot and across the street from his house the lots
were 6,000 square feet. He argued that the golf course space was not free and open space.
Chairman Greer said that he was sorry the residents of the community had a misconception of the settlement
agreement. Although some errors existed in the Zoning Ordinance, changes have been made which addressed the
concerns of the residents in Beau Rivage and should prevent similar situations from happening again. The Board tried
to interpret the regulations as best as it could. Due to several lawsuits concerning development in Beau Rivage, the
County Attorneys advised that the rulings could hurt the residents of Beau Rivage. The settlement agreement allows
an additional thirteen units to be developed, whereas the courts could have allowed several hundred additional units.
The Commissioners thought the settlement was the most prudent outcome for the residents and it does not set a
precedent for the County. He did not believe the County should go back on its agreement as CONA and the residents
have requested the Board to do.
Vice-Chairman Boseman commented that her parents and other people living in Beau Rivage had relied on
promises made by the original developer Eddie Lewis. After he died, the family who inherited the property had other
intentions.
ADDITIONAL ITEMS
Discussion of Dates for Meeting with Local Legislative Delegation
County Manager O’Neal announced that the Board wanted to schedule a dinner meeting with the local
legislative delegation before the General Assembly goes back into session on May 10, 2004.
Consensus
: After discussion of several suggested dates, it was the consensus of the Board for the County Manager
to schedule a dinner meeting with the local delegation on either April 12, 13, or 27.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, MARCH 8, 2004PAGE 938
Announcement of County Winning City/County Golf Tournament
County Manager O’Neal announced that in the Fall of 2003 the County won its first City/County Golf
Tournament in the six years of competition. The annual event between City and County employees raised a substantial
amount of money for United Way. He said that the winner’s plaque will be displayed in the Commissioners office.
Chairman Greer expressed appreciation to Finance Director Shell for his work in putting the tournament
together for the County.
Discussion of Taking Trash out of New Hanover County to Preserve Landfill
Vice-Chairman Boseman commented on the need to preserve the life of the landfill during this time when the
County is unable to burn all the trash coming into the Wastec Facility. She asked the status of the suggestion to take
trash out of the County.
County Manager O’Neal responded that Staff has discussed several options in making the operation more
efficient. Further discussion will be held with the Commissioners during the budget process.
Additional Items - Commissioner Pritchett
Commissioner Pritchett stated that Azalea Pride has requested a waiver of tip fees for trash collected during
the pre-festival clean up on March 27, 2004. The waiver has been granted for several years.
Motion
: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to approve the waiver of tip fees
for the Azalea Pride. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Pritchett reported on the following items:
•She attended the Council of Governments awards dinner and congratulated award winners Betty Grace of the
Tileston Clinic, Lois Steele of YWCA, and Brunswick County Commissioner May Moore.
•She attended the Human Relations Commission Awards Celebration and presented welcome remarks on
behalf of the Board. She congratulated the winners and especially Mary Mosley who was named
Humanitarian of the Year for her work in organizing a tutoring program for at-risk kids.
•She attended the Domestic Violence Shelter and Services unveiling of the "Stop Family Violence Stamp."
These first-class postage stamps cost 45 cents each with 8 cents per stamp going to fund "Stop Family
Violence" efforts.
•She attended the unveiling of the master plan for the Arboretum. The beautiful plan will make the Arboretum
a greater asset to the community.
•She attended the watershed information program at Parsley School.
•She met with Lanny Wilson, NC Transportation Board member; Alan Pope, NCDOT Engineer; Steve Bilzi
and Jeanette Nichols of the School Board; Bill Hance, School Administration; and County Engineer Greg
Thompson at Ogden School. They discussed the proposed changes for the intersection on Middle Sound Loop
Road at Ogden School. The road work should resolve safety concerns at the dangerous intersection.
•She reported that Southeastern Mental Health Center has a new program of psychiatric advance directives,
similar to the health care directive. Those interested in learning more about the program should contact the
Center for further information.
•She announced that March 19, 2004 is Arbor Day in North Carolina.
Consideration of Resolution to Confirm General Obligation Debt Refunding Bonds, Series 2004
Chairman Greer stated that the Board has been requested to confirm the maturities and interest rates to be
borne by the debt refunding bonds of the $46,225,000 General Obligation Refunding Bonds. He called for a motion
to adopt the resolution as presented.
Motion
: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the resolution
confirming the maturities and rates of interest to be borne by the $46,225,000 General Obligation Refunding Bonds
of New Hanover County. 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 25.5.
Finance Director Shell reported that the bond sale was held on March 2, 2004. Eight bidders made offers
with the lowest rate from Goldman, Sachs and Company at an interest rate of 3.63%. The sale will generate a savings
to the County of $2.447 million over the life of the bonds. The closing date for the sale is scheduled for March 30,
2004.
ADJOURNMENT
Chairman Greer called for a motion to adjourn the meeting.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 7:40 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board