2002-01-22 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 23
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 22, 2002, 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 Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia
Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager Andrew J. Atkinson gave the invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag
Chairman Davis announced that the meeting will be recessed at 11:30 A.M. to attend the funeral services of
Dr. Joseph W. Hooper, Jr. a former County Commissioner.
APPROVAL OF CONSENT AGENDA
Chairman Davis announced that Items 2 and 4 have been removed from the Consent Agenda by Staff since these
items have already been approved and action is not required.
Chairman Davis called for a motion to approve the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the Consent Agenda as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval to Destroy Old Jury Cards and Unclaimed Instruments
The Commissioners approved the request from the Registrar of Deeds to destroy jury cards for 1997 and 1998
and to dispose of unclaimed recorded instruments dated 1961-1964 which are not on microfilm or CDs.
Adoption of Resolution in Support of the Proposal Submitted by the Cape Fear River Assembly to Conduct Water
Resource Management Projects within the Cape Fear River Basin
The Commissioners adopted a resolution in support of the request by the Cape Fear River Assembly to obtain
State funds for Cape Fear River Basin studies. The source of funding is from Smithfield Foods through an agreement
with the North Carolina Attorney General’s Office.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 14.4.
Approval of Proposed Lease by New Hanover Regional Medical Center with Carolina Arthritis Associates, P.A.
The Commissioners approved the proposed lease between New Hanover Regional Medical Center and Carolina
Arthritis Associates, P.A. located at 5302 Oleander Drive, Wilmington, N. C. The term of the lease is for two years and
is negotiated at the fair market lease rate.
Authorization to Apply for Governor’s Crime Commission Grant
The Commissioners authorized the County to apply for a Governor’s Crime Commission grant for at-risk
juveniles. The JCPC will determined whether these grants meet the needs and services established for programs in New
Hanover County. No County funding is required.
Approval of Installment Purchase of Telephone System for Cape Fear Community College
The Commissioners approved a request from Cape Fear Community College to purchase a PBX telephone
system for the downtown campus to replace its existing system. The cost of the new system is $178,227 and it will be
financed over a period of five years at 4.18 percent. Debt service payments will be approximately $39,562 per year. No
additional County funds are required.
Adoption of Resolution in Support of Adding Fredrickson Road to the State Road System
The Commissioners adopted a resolution in support of adding the extension of SR 2169, Fredrickson Road in
Roymac Business Park, Division File #1022N, to the State Road System. The Department of Transportation requested
a resolution of support to add the road to the system.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 14.5.
Authorization for the Health Department to Apply to the Cape Fear Memorial Foundation for a Diabetes
Education, Management and Prevention Grant
The Commissioners authorized the Health Department to apply to the Cape Fear Memorial Foundation for a
Diabetes Education Management and Prevention grant in the amount of $60,000. The funds will be used to offer
diabetics a Self-Management Education Curriculum developed by the North Carolina Diabetes Advisory Council. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 24
program will be offered through a cooperative effort with the School of Nursing at Cape Fear Community College at little
or no cost to persons with Type 2 diabetes and their families. No County funds are required.
Adoption of Resolution to Authorize Health Director to Execute Documents Associated with N. C. Department of
Environment and Natural Resources (NCDENR) for Mosquito Control
The Commissioners adopted a resolution authorizing David Rice, Health Director, to sign and execute all papers
and documents associated with NCDENR for aid in control of mosquitoes.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 14.6.
Approval of Amendment to the By-Laws of the New Hanover Public Safety Communications Center
The Commissioners approved amendments to the by-laws of the New Hanover Public Safety Communications
Center in order to allow for membership of the beach communities as approved by the Public Safety Communications
Center Policy Board at its January 16, 2002 meeting. Changes involved adding Carolina Beach, Kure Beach and
Wrightsville Beach to the list of members, requiring a majority of members for establishing a quorum instead of the fixed
number of five (5), and clarifying the Chairman’s authority to establish such committees.
Release of Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers:
Moore, Janie$20,000
Nixon, Lizzie$20,000
Ray, Mary B Medlin$20,000
Ryder, Estelle L.$20,000
Schnibben, Delores G.$20,000
Smith, Cleon Brown Life Estate$20,000
Valli, William$20,000
Wilkie, Mary F.$ 6,040
Williams, Jerry C.$ 6,570
Yopp, Alton R. Joanne Life Estate$20,000
The Commissioners approved delinquent applications for exemption from the property tax for the following
organizations:
Cape Fear UtilitiesR07600-002-023-000
R07612-004-010-001
Greater Wilmington Chamber of CommerceR04716-001-009-000
Harbor United Methodist Church, Inc.R07100-006-004-000
Long Leaf Park Good Neighbor Corp.R06505-009-001-000
Seaside ChapelR09005-012-001-000
Wilmington Leadership FoundationR05409-036-010-000
Letters explaining late filings are available upon request in the Tax Department.
Acceptance of Tax Collection Reports Through December 31, 2001
The Commissioners accepted the following Tax Collection Reports as of November 30, 2001 and December
31, 2001, as submitted by the Collector of the Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXVII, Page 14.7.
Approval of Budget Amendments:
The Commissioners approved the following budget amendments:
Budget Amendment #02-0110-Public Health
AdjustmentDebitCredit
Child Health Service Coordinator:
Title XIX Fee Maximization$52,092
Epidemiology:
Title XIX Fee Maximization$10,302
Tuberculosis:
Title XIX Fee Maximization$ 4,269
Maternity Care Coordinator:
Title XIX Fee Maximization$47,080
Maternal Health:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 25
Title XIX Fee Maximization$13,355
Family Planning:
Title XIX Fee Maximization$10,007
Child Health:
Title XIX Fee Maximization$20,149
Neurology:
Title XIX Fee Maximization$ 1,580
Children's Special Health Services:
Title XIX Fee Maximization$ 6,939
Administration - Health:
Other Improvements$22,300
Computer Expenses$45,700
Departmental Supplies$ 1,500
Child Health Service Coordinator:
Salaries and Wages$20,737
Epidemiology:
Contracted Services$11,571
Departmental Supplies$19,000
Computer Expenses$ 9,429
Teen Aids Prevention:
Salaries and Wages$ 5,906
Temp. Assistance To Needy Families:
Salaries and Wages$ 8,130
Maternal Health:
Departmental Supplies$ 3,000
Child Health:
Contracted Services$18,500
Explanation:
To budget Medicaid cost settlement funds in the amount of $165,773 received for revenue
earned October 1999 - September 2000 as follows:
$ 22,300Operable Partitions for Auditorium (5131-6300)
$ 45,700IT Requests for Medical Programs (5131-6399)
$ 1,500Fax Machine for Mailroom (5131-4210)
$ 20,737 Salary for Child Services Coordination Program (5133-1000)
$ 11,571Conversion Services for Medical Records Barcoding Project (5151-3700)
$ 19,000Vaccine Cost Increases ($10,000) (5151-4210)
Indexes for Medical Records Barcoding Project ($9,000) (5151-4210)
$ 9,429Printer and User Licenses for Medical Records Barcoding Project (5151-6399)
$ 5,906Salary for Teen Aids Prevention Program (TAP) (5153-1000)
$ 8,130Salary for Temporary Assistance to Needy Families Program (TANF) (5158-1000)
$ 3,000Prenatal Vitamins (5162-4210)
$ 18,500Interpreter Services ($15,000) (5167-3700)
Client Transportation ($3,500) (5167-3700)
$165,773 Total
Budget Amendment #02-0111-Social Services
AdjustmentDebitCredit
DSS-Administration:
DSS Administrative Grants$27,898
CP&L Intervention Program:
Assistance Payments$27,898
Explanation:
To budget an additional appropriation received for the CP&L Project Share Program. No
additional County funds are required.
Budget Amendment #2002-27-Tidal Creek Water Quality Project - Planning Department
AdjustmentDebitCredit
Water Quality Enhancement:
Public Beach Access Program$100,000
Transfer in/General Fund$ 75,000
Extended Project Expense$175,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 26
County Commissioners:
Appropriated Fund Balance $ 75,000
Non-Departmental:
Transfer to Clean Water Management$ 75,000
Explanation:
To delete the funding sources for the Middle Sound CAMA Access Grant in accordance with
the Commissioners' desire not to proceed with this project.
Budget Amendment #2002-28-Federal Forfeited Property - Sheriff’s Department
AdjustmentDebitCredit
Federal Forfeited Property$5,003
Extended Project Expense$5,003
Explanation:
To increase budget for additional revenue received 12-17-01. Federal Forfeited Property funds
are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES
County Manager O’Neal requested the following employees to step forward to receive retirement plaques:
NameYears of Service
Catherine L. Stukes, Community Health Assistant, Health Dept. 24
Charlie J. Thompson, Deputy Sheriff (Lieutenant) Sheriff’s Dept. 28
On behalf of the Board, Chairman Davis presented retirement plaques to each retiring employee and expressed
appreciation to them for their years of dedicated service to New Hanover County.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS:
County Manager O’Neal requested the following employees to step forward to receive service awards:
Name Years of Service
Kristine A. Chandler, Tax Department 5
Julian C. Anderson, Sheriff's Department 5
Robert P. Daughtry, Engineering Department 5
Lauri A. Fish, Health Department 5
Pamela W. Heath, Health Department 5
Jimmie L. Simmons, Sheriff’s Department10
Esther R. Adams, Health Department15
Mary J. Brantley, Social Services15
Susan D. Wilson, Tax Department20
Peggy R. Heatherley, Register of Deeds25
On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation
to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES:
County Manager O’Neal requested the following new employees to stand and be recognized:
Paige Matthews, Juvenile Center
Leif Olson, Juvenile Center
Candace Groome, Juvenile Center
Tandy Robinson-Davis, Juvenile Center
Rodney Jackson, Juvenile Center
Marnita Davis, Juvenile Center
Tammy Clarida, Juvenile Center
Curtis Jones, Juvenile Center
Steven Person, Juvenile Center
Greg Minerva, Juvenile Center
Nicholas Barton, Juvenile Center
Rebecca Capuano, Juvenile Center
Michelle Gunn, Juvenile Center
Christine Lawson, Juvenile Center
Vonda Richardson, Social Services
Daryl Goodman, Social Services
Linda Smith, Social Services
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 27
On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government.
ADOPTION OF RESOLUTION REGARDING MEDICAID FUNDING
County Manager O’Neal presented a resolution for the Board to consider requesting the State of North Carolina
to assume complete financial responsibility for Medicaid funding to relieve New Hanover County of its current five
percent (5.446%) share of funding. He stated if the resolution is adopted, it should be forwarded to the local legislative
delegation with a copy forwarded to the N. C. Association of County Commissioners.
Chairman Davis asked if any member of the Board would like to comment. After hearing no remarks, he called
for a motion.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt a resolution to request the
State to assume complete financial responsibility for Medicaid funding, authorize the Chairman to write a letter to each
member of the local legislative delegation enclosing a copy of the resolution, and forward a copy of the resolution to the
N. C. Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is hereby contained in Exhibit Book
XXVII, Page 14.8.
PRESENTATION OF OPTIONS AFFECTING FUNDING OF THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT FOR FY 2002-2003
Assistant County Manager Dave Weaver presented the following options for the Board to consider as a source
of funding for operating the Environmental Management facilities. The Commissioners are not being requested to make
a decision on any one option, but Staff would like direction concerning the residential and commercial collection system.
1. Develop a Commercial and Residential Solid Waste Collection System: If Staff continues to pursue developing
a commercial and residential solid waste collection system, several members of Staff will be needed full time
to have this plan ready for implementation by July 1, 2002. The commercial component of the collection system
has received strong resistance from industries, haulers, and the municipalities; however, support for establishing
a residential collection system has been received. To implement a residential collection system will not generate
enough revenue to correct the funding shortfall in the Environmental Management Program, but this system
does have merits as a stand alone program.
2. Close the WASTEC Facility: This issue was dismissed by the Board of County Commissioners during the past
year.
3. Continue to Transfer Money from the General Fund/ Sales Tax Revenues to Pay for Debt Service: This is the
preferred option by the municipalities, haulers, and others.
4. Combustion of Turkey Litter: EnergyPath, Inc. is conducting a feasibility study on the combustion of turkey
litter in the incinerator. The results of the study will be presented to the Commissioners on February 18, 2002.
5. Possibility of Adopting a Flow Control Ordinance: Based upon a recent ruling by the U. S. Supreme Court not
to hear an appeal challenging a flow control ordinance, there is a possibility of adopting an ordinance that
would require all waste to go to New Hanover County facilities. Previously, this option was considered to be
unconstitutional. The County Attorney is researching this issue.
In closing, Assistant County Manager Weaver noted that if the Board should decide on Option 1, Staff needs
to know immediately so there will be sufficient time to develop a commercial and residential solid waste collection
system plan that can be implemented by July 1, 2002.
Chairman Davis reported that the Board had previously agreed that no general fund monies should be
transferred to the Environmental Management programs to cover the debt service for operation of the WASTEC Facility
during the next fiscal year. Staff and the Solid Waste Advisory Board were directed to see if some type of option could
be found to generate enough revenue to keep the WASTEC Facility open and pay for the debt service. Option 1,
implementation of a countywide residential and commercial collection system, will provide sufficient revenue to cover
the operation of the Environmental Management facilities and pay the debt service with no transfer of money from the
general fund. It now appears that the municipalities and haulers are opposed to this system. If the County decides to
implement only a residential collection system in the unincorporated county, not enough revenue will be generated to
cover the debt service for the WASTEC Facility. Within the last few weeks, the idea of burning turkey litter has been
discussed and a feasibility study is being conducted to see if using this bio-mass fuel and selling the ash product as
fertilizer can generate enough revenue to operate the WASTEC Facility and pay the debt service. This option would
eliminate the need for the commercial collection system and allow the WASTEC Facility to remain open. The results
of the study will be presented on February 18, 2002.
Chairman Davis concluded his remarks by saying that adopting a flow control ordinance is the remaining
option; however, the ruling by the U. S. Supreme Court has not been tested in other areas of the country. He asked
whether enough revenue would be generated to operate the WASTEC Facility and pay for the debt service if a flow
control ordinance is adopted.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 28
Assistant County Manager Weaver responded that implementation of a flow control ordinance would generate
enough revenue to cover all operating costs including the debt service for the WASTEC Facility.
After commenting on many of the residents being in favor of implementing a residential collection system in
the unincorporated county, Chairman Davis asked why the County should consider implementing this system when
insufficient revenue will be generated to cover the operation of the WASTEC Facility without a transfer from the general
fund. This option does not meet the criteria desired by a majority of the Board, which is to eliminate the transfer of
money from the general fund to subsidize the operation of the WASTEC Facility.
Assistant County Manager Weaver responded that a residential collection system in the unincorporated county
would not generate sufficient revenue to cover the operation of the WASTEC Facility, but this system would provide
County residents with curbside recycling, yard waste pick up and bulky item collection which are services desired by the
residents.
Commissioner Pritchett stated as a member of the Solid Waste Advisory Board, she was extremely frustrated
because the commercial collection system has worked effectively in other communities. If the WASTEC Facility is
closed, the County will still have to pay the debt from the general fund; therefore, nothing will be accomplished and the
space in the Landfill will be filled at an accelerating pace. The Board must consider the cost of constructing landfill cells
and what the County will do once the space is depleted. It is most unfortunate that the community was not able to work
together to accomplish what should be done because of certain interests who are only concerned about their own
profitability. The Board must move forward, and it is hoped that combustion of turkey litter will provide an option. The
idea of a flow control ordinance will not be settled for a number of years. At this point, there appears to be no
satisfactory option, and the Board does not need to make a decision until an acceptable option is found even if the
WASTEC Facility has to be subsidized by the general fund for another year. Regardless of what option is selected, the
debt service will have to be paid.
Commissioner Boseman suggested moving forward with the residential collection system in the unincorporated
county because people want curbside recycling, yard debris pick-up, and collection of bulky items.
Commissioner Pritchett agreed with Commissioner Boseman and suggested making arrangements to assist the
elderly and low income citizens when developing a plan for residential collection.
Vice-Chairman Greer stated if the citizens are willing to pay for a residential collection system with extra
services, he would not be opposed to implementing the plan. He suggested conducting a survey to be sure the residents
want these services at an extra cost per month. He reminded the Board that the issue being discussed is to determine
the most economical, environmentally sound method for disposal of solid waste in New Hanover County. The idea that
the WASTEC Facility operates at a breakeven point other than debt service is not correct. The cost to burn waste is
approximately $85 per ton and the cost to dispose of waste in the Landfill is $15 per ton. The County Commissioners
are responsible for selecting the most cost efficient option to dispose of waste in an environmentally safe way.
Chairman Davis said that unfortunately figures presented to the Board depend on what group or person is
presenting the numbers. It is difficult for anyone to know what the profit or loss is at the WASTEC Facility.
Assistant County Manager Weaver noted that the Finance Director was in the process of preparing figures on
a cash flow basis that will consider all aspects of operating the WASTEC Facility and the Landfill. These figures will
be forwarded to the Board upon completion.
Vice-Chairman Greer requested Staff to consider the cost being charged per ton by landfills across the country,
particularly in the southeast, when compiling the figures. The New Hanover County Landfill should fall within the
average range. In the past, there has been a tendency to include costs in the Landfill operation when these costs should
have been part of the WASTEC operation. He stressed the importance of surveying the southeast to determine landfill
operational costs and said it might be worthwhile to see what the cost of incineration is in other parts of the country.
After hearing the five options presented, Chairman Davis said that he was leery about ruling out the commercial
portion of a countywide collection system until the Board receives the findings of the turkey litter study conducted by
EnergyPath, Inc. If it is not possible to burn the turkey litter, the Board has two options: (1) implement a countywide
residential and commercial collection system to eliminate the transfer from the general fund; or (2) implement a
countywide residential collection system with the WASTEC Facility remaining open, and continue to transfer money
from the general fund.
After hearing no further comments, Chairman Davis requested direction from the Board and stated that he felt
the residential and commercial collection system should still be considered to eliminate the general fund transfer.
County Manager O’Neal suggested exploring the cost involved with decommissioning the WASTEC Facility
because this is a factor in the mix of options.
Chairman Davis asked if the study being conducted by EnergyPath, Inc. included the possibility of selling or
privatizing the incinerator if turkey litter combustion is a feasible option.
Assistant County Manager Weaver responded that if the combustion of turkey litter is deemed feasible, an
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 29
option would be to consider selling the facility to a private company; however, this item is not a component of the study.
Commissioner Pritchett commented on bio-mass fuel being a new technology and stated that the combustion
of turkey litter would have to prove its worth before private industry would become interested in the process.
After further discussion of the options, Commissioner Pritchett spoke on the need to provide a residential
collection system that includes curbside recycling and bulky item collection. She stated that her preference would be
moving forward with implementing a residential and commercial collection system.
Vice-Chairman Greer spoke on overspending by County and State governments. The Board just adopted a
resolution to request the State to assume complete financial responsibility for Medicaid funding to relieve the County
of its local share of $7.4 million. With increasing costs for educational needs and law enforcement, it is difficult to
consider creating another department in County government to implement a countywide residential and commercial
collection system that has received opposition from the haulers and industries. He strongly objected to establishing
another bureaucracy when the County should be cutting expenses and stated he was opposed to all options presented.
Motion:
After further discussion, Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to direct
Staff to proceed with implementing a countywide full service residential collection system in the unincorporated county.
Chairman Davis expressed concern for moving forward with implementing a residential or commercial
collection system until the Board has received the results from the study on the possibility of burning turkey litter in the
incinerator. He stated if the process is not feasible, he would not rule out implementing a residential and commercial
collection system to produce sufficient funds to pay for the costs of operating the Landfill and WASTEC Facility,
including the debt service.
Commissioner Caster suggested waiting to make a decision until the study is received from EnergyPath, Inc.
to see if the option of burning the turkey litter is feasible.
Commissioner Pritchett suggested moving forward with the residential collection system to provide residents
with improved collection services.
Assistant County Manager Weaver advised that implementing a residential collection system would be a self-
supporting component of the solid waste disposal process regardless of whether the WASTEC Facility remains open or
closed. He offered to prepare an agenda item listing the advantages and disadvantages of implementing a residential
collection system.
Vice-Chairman Greer expressed concern for voting on an issue that has not been placed on the agenda as a
separate item when the residential collection system will affect every resident living in the unincorporated county. He
stressed the importance of notifying the public before voting on this issue.
Chairman Davis stated that he would not vote in favor of the motion because all options should be reviewed,
including the feasibility of combustion of turkey litter.
After hearing no further comments, Chairman Davis called for a vote on the MOTION to direct Staff to proceed
with implementing a countywide full service residential collection system in the unincorporated county. Upon vote, the
MOTION FAILED 2 to 3 as follows:
Ayes:Commissioner Boseman
Commissioner Pritchett
Noes:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett stated that she hoped the residents understand that an effort was made to move forward
with providing a full service residential collection system in the unincorporated county. She stated if the WASTEC
Facility is closed and the burning of turkey litter is not feasible, money from the general fund will still have to be
transferred to the environmental fund to pay for the debt service.
Consensus:
After further discussion, it was the consensus of the Board to request the following actions:
•Delivery of the feasibility report from EnergyPath, Inc. to the Board no later than February 14, 2002.
•Schedule a Special Meeting on February 18, 2002, to hear the presentation from EnergyPath, Inc. on the
feasibility of burning turkey litter, receive public input, discuss the available options, determine if the transfer
from the general fund will have to be continued to subsidize the operation of the WASTEC Facility for FY
2002-2003. The Special Meeting can be continued if more time is needed to review the options.
Commissioner Caster requested the County Manager to place the study from EnergyPath, Inc. on the website.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 30
County Manager O’Neal advised that an executive summary and recommendation of the report could be placed
on the website.
BREAK
Chairman Davis called a break from 10:00 A.M. until 10:15 A.M.
FIRST READING TO CONSIDER AN AMENDMENT TO CHAPTER 5, ANIMALS, ARTICLE I OF THE NEW
HANOVER COUNTY CODE REGULATING THE PRESENCE OF DOGS AT MASON INLET BEACH
Assistant County Manager Dave Weaver advised that a condition of the Mason Inlet relocation project requires
New Hanover County to adopt laws to prevent dogs from disturbing bird habitat at Mason Inlet Beach. The proposed
County ordinance would be consistent with the Town of Wrightsville Beach ordinance and would be enforced by the
Town of Wrightsville Beach through an interlocal agreement. The proposed ordinance would amend Chapter 5,
Animals, Article I, of the New Hanover County Code as follows:
3.Add a new section to be designated:
Section 5-25. Dogs Prohibited on Mason Inlet Beach and Public Riparian Property at Certain Times,
Places.
No person shall allow a dog on the public beach of the Atlantic Ocean or other public riparian property
within any portion of the unincorporated County situated on Wrightsville Beach Island north of the
Town boundary lines, whether on a leash or not, at any time between the dates of April 1 and
September 20 of each year.
4.Section 5-26. Dogs Running At-Large Prohibited at Mason Inlet Beach and Public Riparian Property
It shall be unlawful for the owner of a dog to allow the animal to be off the premises of his owner and
not on a leash within any portion of the unincorporated County situated on Wrightsville Beach Island
north of the Town boundary lines.
Chairman Davis stressed the importance of the public understanding that New Hanover County is required to
monitor the birds on Mason Inlet Beach as a condition of the permit approved by the U. S. Fish and Wildlife Service for
relocation of Mason Inlet. The U. S. Fish and Wildlife Service felt that allowing dogs on this part of the beach would
negatively impact the bird nesting areas.
Assistant County Manager Weaver advised that after discussion with officials of the U. S. Fish and Wildlife
Service, he was informed the agency would consider reviewing the restrictions placed on dogs once six to twelve months
of monitoring information has been collected on the bird life.
Commissioner Pritchett asked if it would be possible to implement the ordinance for a period of one year and
then revisit the issue after sufficient data has been collected from the monitoring process.
Assistant County Manager Weaver suggested allowing Staff to place an item on the agenda in twelve months
to revisit this issue instead of placing a sunset on the ordinance.
County Attorney Copley informed the Board that the ordinance can be reviewed, amended, or revoked in twelve
months.
Discussion was held on finding another location for pet owners to carry their dogs during the monitoring
process. Assistant County Manager Weaver informed the Board that dogs can run loose within the County’s
jurisdictional boundary at the northern end of Carolina Beach; however, pet owners are concerned about the number of
vehicles using this area. He stated that since the Town of Carolina Beach has restricted vehicles on a designated portion
of the northern end owned by the Town it might be possible to negotiate an agreement to allow dogs to run loose on this
site.
After discussion, the Board requested Assistant County Manager Weaver to contact the Town of Carolina Beach
to see if this area can be used for doggie beach.
Chairman Davis asked if Ms. Abigail Sinclair or any other persons present would like to comment on the
proposed ordinance.
Ms. Abigail Sinclair, a concerned pet owner, stated that she felt use of the northern end owned by the Town of
Carolina Beach with restricted use of vehicles would be an acceptable solution to the pet owners.
Chairman Davis informed Ms. Sinclair that every effort will be made by the County to find a temporary place
for pet owners and their dogs to enjoy the beach.
Ms. Sue Abramsky, a dog owner, spoke on walking her dog on Shell Island a few days ago and stated it was
difficult to understand the concern for bird life. She noted that she was a bird lover and stated that the dredging project
at Mason Inlet was disrupting the ecology of the entire area. The birds are disturbed because the flocks cannot use the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 31
sandbars that are now covered with large pieces of equipment. She asked if New Hanover County was truly concerned
about bird life, why was the project approved and then taken out on the dogs.
After hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt an ordinance amending
Chapter 5, Animals, Article I of the New Hanover County Code to regulate the presence of dogs at Shell Island.
Chairman Davis expressed concern for not knowing if the Town of Wrightsville Beach will enforce the
ordinance and stated that he would vote in opposition to require a second reading of the ordinance to allow time for Staff
to negotiate an interlocal enforcement agreement with the Board of Aldermen.
Commissioner Caster pointed out that a condition of the permit issued by the U. S. Fish and Wildlife Service
requires the County to prohibit dogs on this part of the beach; therefore, in order to comply to this condition, the
ordinance will have to be adopted. If the Wrightsville Beach Board of Aldermen does not want the Town of Wrightsville
Beach to enforce the ordinance, the Sheriff’s Department will become the enforcement agency.
Deputy County Attorney Kemp Burpeau advised that Mr. John Wessell, Attorney for the Town of Wrightsville
Beach, had informed him that the Town Manager was supportive of the interlocal agreement and stated there is no
reason to believe that the Board of Aldermen will not agree to enforce the ordinance adopted by the County.
Chairman Davis called for a vote on the MOTION to adopt the ordinance. Upon vote, the MOTION CARRIED
3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
Chairman Davis advised that since the ordinance did not receive a unanimous vote, a second reading will be
held on February 4, 2002.
CONSIDERATION OF DRAFT RESOLUTION ESTABLISHING A GOVERNMENTAL CONSOLIDATION
STUDY COMMISSION
County Attorney Copley informed the Board that pursuant to Article 20, Chapter 153A of the N. C. General
Statutes, a joint meeting has to be held between the two governing bodies with adoption of a concurrent resolution before
the study commission can be established. She presented a draft resolution reflecting the necessary steps to follow as
outlined in the General Statutes and stated that a similar resolution was adopted in 1995 by both governing bodies during
that consolidation effort. The purpose of the resolution is to serve as a working document for the Board to prepare a
concurrent resolution that will be acceptable to the Board of County Commissioners and City Council.
Chairman Davis advised that he and Commissioner Pritchett were selected by the Commissioners to represent
the County in the consolidation process. Mayor Peterson and Councilman Jim Quinn were selected by the City Council
to represent the City. This group met to determine the composition of the Citizens Consolidation Advisory Committee
and no progress was made. Another meeting is scheduled for Thursday, January 24, 2002, and it would be beneficial
to know how the Commissioners feel about the composition and assignment of responsibilities to the Citizens
Consolidation Advisory Committee.
Commissioner Caster asked if a resolution could be adopted to begin the consolidation process.
County Attorney Copley responded that a simple resolution could be adopted informing the City Council that
the Board desires to schedule a joint meeting to begin discussion of consolidation.
Vice-Chairman Greer referenced the letter received from Mayor Peterson and stated it appears that members
of Council are concerned about the Commissioners dealing only with full consolidation with no mention of functional
consolidation. He suggested changing the draft resolution to read as follows:
2. The Commission is hereby charged with the following purposes:
a. To study the powers, duties, functions, responsibilities and organizational structures of New Hanover
County and the City of Wilmington;
b. To prepare a report of its studies and findings;
c. To prepare a plan for consolidating into a single government New Hanover County and the City of
Wilmington or prepare a plan of consolidating one or more functional services of the governments.
d. To prepare drafts of any agreements or legislation necessary to effect the consolidation of one or more
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 32
functions or services.
After discussion, the Board requested the County Attorney and Clerk to the Board to prepare a draft resolution
during the break called to attend the funeral of Dr. Joseph W. Hooper, Jr.
MEETING RECESSED FROM REGULAR SESSION TO ATTEND THE FUNERAL OF DR. JOSEPH WARD
HOOPER, JR.
Chairman Davis recessed the Regular Session at 11:30 A.M. to attend a funeral service for Dr. Joseph W.
Hooper, Jr. followed by lunch.
Chairman Davis reconvened to Regular Session at 1:30 P.M.
Chairman Davis advised that a revised draft resolution has been prepared and asked if any member of the Board
would like to comment.
Vice-Chairman Greer requested a change to the following sections of the resolution:
c. To prepare a plan for consolidating one or more functions and services of the respective governments
that established the commission; or
d.To prepare a plan for consolidating into a single government of New Hanover County and the City of
Wilmington.
Chairman Davis requested County Attorney Copley to read into the record the concurrent resolution as
amended.
The following resolution was read into the record:
CONCURRENT RESOLUTION
OF
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AND THE
WILMINGTON CITY COUNCIL
ESTABLISHING A GOVERNMENTAL CONSOLIDATION STUDY COMMISSION
WHEREAS, the consolidation of the County and City governments has been discussed actively
for many years in Wilmington and New Hanover County; and
WHEREAS, New Hanover County is one of the most densely populated counties in North Carolina
as well as one of the smallest counties in geographical area; and
WHEREAS, the New Hanover County Board of Commissioners and Wilmington City Council have
continued to work to provide economical and efficient government to the citizens of the County and City;
and
WHEREAS, the functional or full consolidation of the governments for New Hanover County and
the City of Wilmington may eliminate the needless duplication of services and provide for a more efficient
administrative organization to better meet the continuing and growing demand for urban level services
throughout the County; and
WHEREAS, Article 20 of Chapter 153A of the North Carolina General Statutes authorizes
counties and cities to establish governmental consolidation study commissions by concurrent resolutions
of their governing bodies;
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners
and the Wilmington City Council that:
1. There is hereby established the New Hanover County-Wilmington Governmental Consolidation
Study Commission pursuant to the provisions of Article 20 of Chapter 153A of the North Carolina
General Statutes.
2. The Commission is hereby charged with the following purposes:
a. To study the powers, duties, functions, responsibilities and organizational structures of
New Hanover County and the City of Wilmington;
b. To prepare a report of its studies and findings;
c. To prepare a plan for consolidating one or more functions and services of the respective
governments that established the Commission; or
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 33
d. To prepare a plan for consolidating into a single government New Hanover County and
the City of Wilmington;
e. To prepare any interlocal agreements necessary to effect the consolidation of one or
more functions and services of the respective governments;
f. To prepare drafts of any legislation necessary to effect the plan of government
consolidation;
g. Call a referendum, as provided in N.C.G.S. 153A-405, if so directed by the respective
governments on the plan of governmental consolidation.
Adopted at a joint meeting of the New Hanover County Board of Commissioners and the
Wilmington City Council.
Commissioner Pritchett commented on the importance of including the beach communities and suggested
including language in the appropriate paragraph of the resolution to say, “and if desired, the other municipalities within
New Hanover County.”
Chairman Davis commented on writing letters to each Mayor of the beach communities inviting them to
participate in the consolidation process and stated that no response had been received.
Commissioner Pritchett again stressed the importance of the beach communities being a part of the process.
Chairman Davis advised that he would write a letter to Mayor Peterson and request him to present the resolution
to the City Council to see if this document was acceptable to the Council Members before scheduling a joint meeting.
He also offered to write a letter to each beach municipality enclosing the resolution and asking each municipality if they
want to participate in the process.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the concurrent resolution
as amended and to authorize the Chairman to write the necessary letters to the Mayor Peterson and the beach
communities as discussed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the revised resolution is on file in the Governing Body Office.
ADOPTION OF PROCLAMATION DESIGNATING JANUARY 2002 AS NATIONAL MENTORING MONTH
IN NEW HANOVER COUNTY
Chairman Davis advised that Ms. Phyllis Story, an Americorps Volunteer Recruiter for the Cape Fear Area
United Way Volunteer Center, was present and would like to speak.
Ms. Story spoke on the need for people from every sector of American life to build the character and competence
of the nation’s youth and stated as a recruiter for AmeriCorps, her responsibility is to find caring adults to work with
children and youth. She encouraged County employees to take advantage of the County’s program and offer eight hours
per year in the volunteer service. The Big Buddy program has 151 at-risk children in need of a big buddy, and there
are 411 third graders that need a tutor to help them pass the test and move to the next grade level.
In closing, Ms. Story requested the Board to proclaim February as National Mentoring Month in New Hanover
County and to encourage adults to become mentors and tutors to make a difference in the life of a child.
Commissioner Caster read the proclamation into the record.
Chairman Davis called for a motion to adopt the proclamation.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a Proclamation designating
National Mentoring Month
January 2002 as in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 14.9.
MEETING RECESSED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis recessed from Regular Session at 2:00 P.M.
Chairman Davis reconvened to Regular Session at 2:31 P.M.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 34
COMMITTEE APPOINTMENTS
Appointment of County Commissioners to Serve on Various Boards and Committees for the Year 2002
Chairman Davis asked if the members of the Board were satisfied with serving on the same boards and
committees for the year 2002. He advised at the last Staff Meeting, there was discussion about appointing members of
the County Administrative Staff to serve as representatives on the Bellamy Mansion Museum Committee and Military
Affairs Committee.
Clerk to the Board, Lucie F. Harrell, noted that due to the retreat being held by the Wilmington City Council,
she had not been able to reach the City Clerk to discuss the number of meetings being held by the Military Affairs
Committee. She advised that a report on the two committees would be forwarded to the Board
Motion:
Chairman Davis MOVED, SECONDED by Vice-Chairman Greer, to allow each Commissioner to continue
to serve on the same boards and committees for the year 2002 with the exception of the Military Affairs Committee and
Bellamy Mansion Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Board of Health
Chairman Davis announced that four vacancies needed to be filled on the Board of Health in the categories of
General Public, Optometrist, Physician and Veterinarian, with two current members in the Physician and Veterinarian
categories desiring to be reappointed. Four applications have been received, two for each of the General Public and
Optometrist categories.
Chairman Davis opened the floor to receive nominations for the General Public category.
Commissioner Pritchett nominated Marvin Freeman. The nomination was seconded by Commissioner Caster.
Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote on the
appointment of Marvin Freeman.
Vote:
The Board VOTED UNANIMOUSLY to appoint Marvin Freeman to serve a 3-year term on the New Hanover
County Board of Health in the General Public category with the term to expire December 31, 2004.
Motion:
Chairman Davis advised that since only one application had been received for the Optometrist, Physician, and
Veterinarian categories, he would MOVE to reappoint Philip Palmer Smith, Sr., M. D. to serve in the Physician
Category; reappoint Melody C. Speck, D.V.M. to serve in the Veterinarian category; and appoint Dr. Edward Weaver,
Jr. to serve in the Optometrist category. All appointments would be for 3-year terms with the terms to expire December
31, 2004. The MOTION WAS SECONDED by Commissioner Caster. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Appointments to the Human Relations Commission
Chairman Davis announced that two vacancies needed to be filled on the Human Relations Commission. Three
applications have been received, including one current member, Anthony Gentile, who desires reappointment.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Anthony Gentile to serve
a 3-year term on the Human Relations Commission as an At-Large representative with the term to expire December 31,
2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the Ministerial Alliance has recommended the appointment of Pastor James Utley,
Jr. as the Ministerial Alliance representative on the Human Relations Commission.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to appoint Pastor James Utley, Jr. to serve
a 3-year term as the Ministerial Alliance representative on the Human Relations Commission with the term to expire
on December 31, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Scattered Site Housing Program (SSHP) Selection Committee
Chairman Davis announced that up to five vacancies needed to be filled on the Scattered Site Housing Program
Selection Committee and stated that only four applications were received.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to appoint Barbara F. Baker, Mamie
N. Carlos, Tanya Gurganious and Andrea Young to serve on the Scattered Site Housing Program Selection Committee
for the duration of the grant funding. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Human Services Transportation Advisory Board
Chairman Davis announced that two vacancies needed to be filled on the Human Services Transportation
Advisory Board, with one vacancy in the Over Age 60 category and one vacancy in the Handicapped/Disabled category.
Two applications have been received for the Handicapped/Disabled category and no applications have been received in
the Over Age 60 category.
Commissioner Pritchett nominated Robert Ronne to serve as the representative for the Handicapped/Disabled
category. The nomination was seconded by Commissioner Caster.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 35
Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote on the
appointment of Robert Ronne.
Vote:
Upon vote, the Board UNANIMOUSLY appointed Robert Ronne to serve a 3-year term on the Human Services
Transportation Advisory Board in the Handicapped/Disabled category, with the term to expire December 31, 2004.
NON-AGENDA ITEMS
Chairman Davis 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
Approval of Agency Certification for the New Hanover Human Relations Commission
Commissioner Pritchett reported that the U. S. Department of Housing and Urban Development has requested
the New Hanover Human Relations Commission to update its Memorandum of Understanding to maintain the
Commission’s agency certification pursuant to the Federal Housing Act.
Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to update the Memorandum of
Understanding and authorize the Chairman to sign the agency certification document. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the agency certification is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXVII, Page 14.10.
Discussion of Public Hearing Concerning the Military Cut-Off Road Improvement Project
Commissioner Caster commented on the number of calls received from concerned citizens about the widening
of Military Cut-Off Road by the NCDOT and announced that a Public Hearing has been scheduled on January 30, 2002,
at Ogden Elementary School, to receive input from the citizens. He informed the Board that he would try to attend the
meeting to better understand the proposed project.
Discussion of Privatizing Food Service for the Jail
Commissioner Caster commented on reading in the weekly notes from the County Manager that Staff was
working with a company to privatize the food service for the Jail. He encouraged Staff to continue to pursue privatization
of other functions.
Discussion of Meeting with the U. S. Fish and Wildlife Service Concerning the Use of Doggie Beach at Shell Island
Commissioner Caster also commented on reading in the weekly notes that Assistant County Manager Weaver
had met with U. S. Fish and Wildlife Service to seek a solution to the concerns of the pet owners wanting to use doggie
beach at Shell Island. He expressed appreciation to Assistant County Manager Weaver for this effort and stated hopefully
an agreement can be reached with the U. S. Fish and Wildlife Service to protect the birds and allow dogs on the beach
after a year of monitoring.
Adoption of Concurrent Resolution Regarding Voter Approval Before Annexation of an Area by the City of
Wilmington
Commissioner Boseman introduced a resolution in support of the resolution adopted by the City Council to
require voter approval before an area can be annexed by the City of Wilmington. She noted that New Hanover County
lost approximately $1,000,000 in sales tax revenue with the recent annexation by the City and requested the Board to
adopt the resolution of support to present a unified effort on behalf of the City and County when requesting the N. C.
General Assembly to amend the City’s charter. She informed the Board that discussion had been held with Mayor
Harper Peterson, Mayor Pro Tem Katherine Moore, and Councilman Jason Thompson about adopting a resolution of
support and stated they were in favor of this action.
Chairman Davis advised that he had spoken with Councilman Jason Thompson about a resolution of support
and stated as a County Commissioner, he felt the citizens of the County should be given an opportunity to comment
before taking action. He suggested placing this item on the next agenda to allow for public input.
Motion:
Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution of support.
Substitute Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to place this resolution
on the February 4, 2002, meeting. Upon vote, the MOTION CARRIED 3 to 2 as follows:
Ayes:Chairman Davis
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
Commissioner Boseman
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 36
Chairman Davis requested County Manager O’Neal to place this item on the Regular Agenda for February 4,
2002.
Commissioner Pritchett suggested changing the last sentence of Paragraph 3 to read in support of “an”
amendment instead of the amendment to the Wilmington Charter.
The Board agreed to change the resolution as proposed by Commissioner Pritchett.
Discussion of Human Relations Commission
Commissioner Boseman noted that she had been contacted by a person concerned about the Human Relations
Department being eliminated due to budget constraints, and she asked if this was true.
After stating there was no proposal to eliminate the Human Relation Department, County Manager O’Neal
stated the person calling could have been confused because the Human Services Allocations Advisory Committee has
been eliminated.
Commissioner Caster referenced non-county agencies and asked if the Human Services Allocations Advisory
Committee had reviewed income tax reports for these agencies.
Finance Director Bruce Shell explained that audits for non-county agencies are required and reviewed to
determine the financial position and results of operations for each agency.
Commissioner Caster asked if the audit would include foundation donations.
Finance Director Shell responded that an audit may not include a great deal of information about foundation
donations, but sufficient data would be provided to check into donations by foundations.
Ratification of Proclamation Declaring January 21, 2002, as Martin Luther King, Jr. Day in New Hanover County
Chairman Davis called for a motion to ratify the proclamation declaring January 21, 2002, as Martin Luther
King, Jr. Day in New Hanover County.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Boseman, to ratify the proclamation declaring
Martin Luther King, Jr. Day
January 21, 2002, as in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 14.11.
Discussion of Funding Contracts With the Wilmington Regional Film Commission and Wilmington Industrial
Development (Committee of 100)
Chairman Davis advised that on December 3, 2001, the funding contract for DARE was being considered and
he made the statement that he felt the Wilmington Film Commission and Wilmington Industrial Development did not
have non-appropriation clauses in their contracts.
County Attorney Copley advised that the purpose of the memorandum to the Board was to inform the
Commissioners that a non-appropriation clause had not been included in the contracts with the Wilmington Film
Commission and Wilmington Industrial Development. She also noted that non-appropriation clauses had been included
in the contracts with DARE and the Coast Line Convention Center.
Chairman Davis informed the Commissioners that he had requested the County Attorney to hold the contracts
and not disburse any money to the Wilmington Film Commission and Wilmington Industrial Development until this
issue could be discussed by the Board since he felt four of the Commissioners thought that non-appropriation clauses
had been included in each contract. He requested the County Attorney to explain what steps would be necessary to
include non-appropriation clauses in the two contracts.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to allow the existing contracts to
remain unchanged as approved by the Board of County Commissioners.
Commissioner Pritchett asked if the contracts have non-appropriation clauses.
County Attorney Copley responded that non-appropriation clauses are not in the contracts with the Wilmington
Film Commission and Wilmington Industrial Development. She explained that the Board does not have to include a
non-appropriation clause in funding contracts and stated this is a decision that has to be made by a majority vote of the
Board.
Commissioner Caster stated that the Board did not vote to include non-appropriation clauses in the contracts
with the Wilmington Film Commission and Wilmington Industrial Development; however, Chairman Davis asked if
this meant that the County would have to fund these agencies for the specified amount of money in the contract for a
period of 5 years. The response from the County Attorney was that the 5-year contract would be automatically renewable
unless written notice is given by either party 12 months prior to the expiration date of the 5-year contract. This provision
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JANUARY 22, 2002 PAGE 37
is not the same as a non-appropriation clause but the County does have the right to give a written notice to terminate the
funding contract with loss of funding for one fiscal year with no funding having to be provided for the next four fiscal
years.
County Attorney Copley explained the statement made by Commissioner Caster was not correct because the
contracts with the two agencies are 5-year contracts with automatic renewal for successive terms of 5 years unless written
notice of non-renewal is given no less than 12 months prior to the expiration of the then current 5-year contract.
Chairman Davis explained that the County Attorney has just said that the contracts with the Wilmington Film
Commission and Wilmington Industrial Development cannot be cancelled with 12 months written notice. For example,
stndrd
if the County provides funding for the 1 year, 2 year and for some reason cannot provide funding for the 3 year, the
rd
County cannot submit a 12 months written notice and stop funding for the 3 year of the contracts because these
contracts obligate the County to 5 years of funding at a specified amount. At the end of the final year of the 5-year
contract, if the Board does not want to renew the contract for another 5 years, a 12 months written notice can be given
to cancel renewal of the contract.
Vice-Chairman Greer stated in all due respect to Chairman Davis, who did not vote in favor of the contracts,
four members of the Board did vote in favor of the funding contracts to the Wilmington Film Commission and
Wilmington Industrial Development, and he requested the Chairman to call for a vote on the motion.
Chairman Davis advised that at a prior meeting, Vice-Chairman Greer made the statement that non-
appropriation clauses were included in the contracts for the Wilmington Film Commission and Wilmington Industrial
Development which was the reason for discussing this issue. These contracts do not include non-appropriation clauses,
and he felt the Commissioners should be aware of this fact.
After hearing no further comments, Chairman Davis called for vote on the motion to uphold the funding
contracts with the Wilmington Film Commission and Wilmington Industrial Development as approved. Upon vote, the
MOTION CARRIED 3 to 2 as follows:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Boseman
Noes:Chairman Davis
Commissioner Pritchett
Discussion of Budget Work Session Scheduled for January 24, 2002
County Manager O’Neal reminded the Board of the Budget Work Session scheduled on Thursday, January 24,
2002, and stated the meeting should not last for more than 45 minutes. He advised that department heads have been
requested to prepare budgets listing programs that can be cut and still carry out functions of each respective department.
If the Governor should eliminate reimbursements to local governments for the intangibles and inventory taxes, further
cuts will have to be made.
After discussion of beginning the meeting earlier, the Board decided to begin the Budget Work Session at 5:15
p.m. instead of 5:30 p.m. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street,
Wilmington, N. C.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 3:45 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board