2010-07-16 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
SPECIAL MEETING,JULY 16,2010 PAGE 18
ASSEMBLY
The New Hanover County Board of Commissioners met for a Special Meeting on July 16, 2010, at 8:20
a.m. in the Lucie F. Harrell Conference Room at the New Hanover County Government Center, 230 Government
Center Drive,Wilmington,North Carolina.
Members present were: Chairman Jason R. Thompson; Commissioner Robert G. Greer: Commissioner Ted
Davis, Jr.; County Attorney Wanda M. Copley; Deputy Clerk to the Board Teresa P. Elmore; and County Manager
Bruce T. Shell.
Vice-Chairman Jonathan Barfield, Jr. and Commissioner William A. Caster were in attendance via
telephone conference call.
PUBLIC HEARING CONCERNING LEVYING AN ADDITIONAL ONE-QUARTER PERCENT COUNTY
SALES AND USE TAX
Chairman Thompson called the meeting to order and reported that before the Board is a resolution levying
an additional one-quarter cent(1/4¢)county sales and use tax.
The North Carolina General Assembly has authorized County Boards of Commissioners to levy a one-
quarter cent county sales and use tax under the Current Operations and Capital Improvement Appropriations Act of
2007, contingent upon an advisory referendum in which the majority of those casting ballots voted for the levy of
the tax.
On May 4, 2010, an advisory referendum was held in New Hanover County. The ballots were cast 13,392
FOR and 12,424 AGAINST the levy of the tax. The New Hanover County Board of Elections and the North
Carolina State Board of Elections have dismissed all pending protests. The time for any new protests has expired.
The Countv Board of Elections has certified the results of the referendum.
Collection of the tax by the North Carolina Department of Revenue will begin on the 1st day of October
2010. The net proceeds of the tax levied will be distributed by the Secretary of Revenue to New Hanover County.
Chairman Thompson requested a motion to open the Public Hearing. As two Commissioners were in
attendance through conference calls,he requested each member to respond to his polling for the vote.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to open the Public Hearing
concerning the levy of an additional one-quarter cent county sales and use tax. Upon vote,the MOTION CARRIED
UNANIMOUSLY as follows:
Vice-Chairman Barfield—AYE
Commissioner Caster—AYE
Commissioner Davis—AYE
Commissioner Greer—AYE
Chairman Thompson—AYE
The following persons offered comments:
Justin LaNasa of 116 North Front Street, Wilmington,NC, spoke saying the notification he received on the
dismissal of his appeal was not properly served or received by certified mail. He argued that the public hearing was
illegal and requested the Board to cease and desist from any action to certify or act upon increasing the sales tax in
New Hanover County.
Jack White of 4517 Brampton Road, Wilmington, NC, spoke against proceeding with the public hearing
because certification of the election was illegal, as the Board of Elections did not verbally vote on the certification.
He objected to the telephone conference call held with two Commissioners out of town and questioned whether a
quorum of the Board was present. He also argued that the dismissal of appeal was not legally served because it was
not mailed by registered or certified receipt nor was it personally served to Mr. LaNasa as required by the North
Carolina General Statutes. He believed action by the Board to pass a new tax would be illegal and invalid as Mr.
LaNasa can make further appeal to the State Superior Court.
Hearing no further comments, Chairman Thompson requested a motion to close the Public Hearing.
Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to close the Public Hearing
concerning the levy of an additional one-quarter cent county sales and use tax. Upon vote,the MOTION CARRIED
UNANIMOUSLY as follows:
Vice-Chairman Barfield—AYE
Commissioner Caster—AYE
Commissioner Davis—AYE
Commissioner Greer—AYE
Chairman Thompson—AYE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
SPECIAL MEETING,JULY 16,2010 PAGE 19
ADOPTION OF RESOLUTION AUTHORIZING AN ADDITIONAL ONE-QUARTER PERCENT
COUNTY SALES AND USE TAX
Chairman Thompson requested a motion to adopt the resolution levying an additional one-quarter cent
sales and use tax as presented.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer, to adopt the resolution levying
an additional one-quarter percent county sales and use tax as presented. Upon vote,the MOTION CARRIED 4 to 1
as follows:
Vice-Chairman Barfield—AYE
Commissioner Caster—NO
Commissioner Davis—AYE
Commissioner Greer—AYE
Chairman Thompson—AYE
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIII,Page 15.
There being no further business, Chairman Thompson adjourned the Special Meeting at 8:31 a.m.
Respectfully submitted,
Teresa P.Elmore
Deputy Clerk to the Board