2002-06-17 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 237
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, June 17, 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; Deputy County Manager, Andrew J.
Atkinson; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell
phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board
of County Commissioners.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager Andrew J. Atkinson gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Vice-Chairman Greer requested discussion of Consent Agenda Item 5.
Commissioner Pritchett requested discussion of Consent Agenda Item 2.
Commissioner Boseman requested removal of Consent Agenda Item 11 for discussion and a separate vote by
the Board.
In discussion of Consent Agenda Item 2, Commissioner Pritchett asked if bids had been received for renovations
at the Cape Fear Museum and if so, were the figures within the budgeted amount.
Project Engineer Max Maxwell explained that approval of the item on the Consent Agenda would allow the
engineering staff to move forward with formally bidding the project.
In discussion of Consent Agenda Item 5, Vice-Chairman Greer expressed concern for the County still being
involved in remedy action at the New Hanover County Airport Burn Pit Superfund site and stated that a significant
amount of money had already been spent by the County in an effort to clean up the site. He asked if the County could
be removed from the process, and also asked if the Corps of Engineers was still involved.
Director of Environmental Management Ray Church explained that since the burn pit is a Superfund site and
the County entered into a Consent Decree with the EPA, it would not be possible for the County to remove itself from
the process. The Corps of Engineers is still involved and has requested a buy-out, but no figure has been determined.
City Attorney Tom Pollard is working with the Corps in trying to negotiate a buy-out agreement.
After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent
Agenda with removal of Consent Agenda Item 11.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 11 and approve the
remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Authorization to Submit a Zoning Petition for Rezoning County Owned Property at Battle Park
The Commissioners directed the Planning Staff to submit a rezoning petition to the New Hanover County
Planning Board to explore the benefits and impacts of rezoning property in Battle Park from R-15 Residential to O&I
Office and Institutional or commercial. The County is in the process of considering the sale of certain properties it owns,
including 44 acres at Battle Park off Carolina Beach Road south of Monkey Junction. The property is currently zoned
R-15 Residential and rezoning the property to O&I would increase the value of the property.
Authorization to Proceed with Bid Process for Exterior Renovations to the Cape Fear Museum
The Commissioners authorized the engineering staff to proceed with the renovation project and formal bid for
construction of the exterior renovation of the Cape Fear Museum. A contract was approved by the Board with BMS
Architects to develop the bid package and oversee construction of the failing stucco facade in the 1990's addition to the
Museum.
Ratification of the Appointment of Reverend Amanda McCollough to Serve on the Human Relations Commission
The Commissioners ratified the appointment of Reverend Amanda McCollough as the representative from the
Ministerial Association to serve on the New Hanover Human Relations Commission.
Adoption of Resolution Requesting Federal and State Reconsideration of Regulations Limiting Hurricane Debris
Removal
The Commissioners adopted a resolution requesting the federal and state representatives to review laws that
restrict the cleaning out of creeks, streams and swamps and to introduce or amend any legislation necessary to allow
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 238
debris to be cleaned out of creeks, streams, and swamps to prevent land from flooding in the future.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 22.1.
Adoption of Resolution Authorizing an Amendment to the Agreement for Remedial Design and Remedial Action
at the New Hanover County Airport Burn Pit Superfund Site
The Commissioners adopted a resolution in support of an amendment to the agreement for remedial design and
remedial action at the New Hanover County Airport Burn Pit Superfund site. The EPA ordered New Hanover County,
the City of Wilmington and Cape Fear Community College to undertake remedial action at the burn pit to address
residual contamination of the site. The local parties originally entered into an agreement with the Catlin Engineering
firm to implement the EPA directed remedy and to review possible alternatives to reduce remediation costs. Based on
engineering studies, the EPA approved the use of air sparging as an alternative remedy. The local parties then entered
into an amendment to provide the design of the air sparging system. The contract did not contain a final construction
cost because the final requirements for the system were unknown, especially the number of wells that would be required.
The County’s share of the cost will not exceed 25%.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 22.2.
Acceptance of Tax Collection Reports Through May 31, 2002
The Commissioners accepted the following Tax Collection Reports through May 31, 2002, as submitted by the
Collector of Revenue:
New Hanover County
New Hanover County Fire District
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXVII, Page 22.3.
Approved Release of Tax Value for Property Owners
The Commissioners granted the Senior Citizen/Disability Exclusion to the following taxpayers:
Ball, Janie B.$20,000
Elson, Jr. Arthur$20,000
Koen, Linda$20,000
Williams, Sr. Robert T.$20,000
The Commissioners approved the delinquent application for exemption from property tax for the following
organization:
Warner Temple AME Zion ChurchR04809-023-004-000
R06120-001-026-000
Adoption of Resolution to Accept the Donation a 1982 Chevrolet 12-Bay Diesel Truck to be Used by the New
Hanover County Fire Department Rescue Program and Approval of Associated Budget Amendment #02-0210
The Commissioners adopted a resolution and approved the associated budget amendment to accept the donation
of a 1982 Chevrolet 12-bay body diesel truck valued at $1,200 from the Jackson Beverage Company of Wilmington. The
vehicle will be used to supplement the Fire Department Rescue Program. The County Fire Chief has inspected the truck
and determined the vehicle to be an asset to the current program.
Budget Amendment #02-0210 - Special Fire Service District/Fire Department
AdjustmentDebitCredit
Fire Departments
Contribution$1,200
Motor Vehicle Purchases$1,200
Explanation: For accounting purposes only; increase revenue and related expenses to record a donated diesel
truck from the Jackson Beverage Company.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII,
Page 22.4.
Approval of Budget Amendments #02-0207 to Budget Donations to the Aging/Senior Center
The Commissioners approved the following budget amendment:
Budget Amendment 02-0207 Aging/Senior Center
AdjustmentDebitCredit
Senior Center
Other$3,800
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 239
Postage Expense$ 600
Newsletter$3,200
Explanation: To budget donations to the Tides 'n' Times Newsletter for increased expenses related to preparing
and mailing the newsletter.
Approval of Budget Amendment #2002-43 - Sheriff’s Dept. Federal Forfeited Property Capital Project
The Commissioners approved the following budget amendment:
Budget Amendment #2002-43 - Federal Forfeited Property Capital Project
AdjustmentDebitCredit
Federal Forfeited Property$18,287
Capital Project Expense$18,287
Explanation: To increase the budget for additional revenue received on May 30, 2002. Federal Forfeited
Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary
by the Sheriff.
Appointment of Vice Chairman Robert G. Greer as the Voting Delegate to the National Association of Counties
(NACo) Annual Conference
The Commissioners appointed Vice-Chairman Robert G. Greer as the voting delegate to the NACo Annual
Conference.
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 11, APPROVAL OF ENGINEERING FIRM
FOR DEVELOPING THE STORM WATER MANAGEMENT PLAN FOR AIRLIE GARDENS
Commissioner Boseman requested a cost figure on the engineering services.
Director of Airlie Gardens Thomas Herrera-Mishler explained that the cost of engineering consulting services
was not known at this time. The engineering firm of WK Dickson has been selected and the next step will be to
determine the scope of services for a storm water management plan before any additional improvements can be made
at Airlie Gardens. Funding for consulting services has been approved in the multi-year capital project budget under
engineering services.
Chairman Davis explained that approval of this item will allow for discussion to occur with WK Dickson. No
authorization is being given for the expenditure of funds. Once the negotiations have occurred, a contract will be
prepared and the Board of County Commissioners will have to approve the contract and expenditure.
Motion:
Commissioner Pritchett MOVED, SECONDED by Chairman Davis, to direct staff to begin contract
negotiations with WK Dickson for development of a storm water management plan at Airlie Gardens. Upon vote, the
MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES
Deputy County Manager Atkinson requested the following employees to step forward to receive retirement
plaques:
Name Years of Service
Nathan Johnson, Major, Sheriff's Department24
Grace Russ, Administrative Support Technician, Cape Fear Museum22
Nancy Canada, Administrative Support Technician, Sheriff’s Dept.22
The following retired employees could not attend:
Mary Ann Walton, Human Resources Manager24
Carolyn Clontz, Economic Services Caseworker, Social Services11
Daniel Galusha, Trades Technician, Cape Fear Museum12
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:
Deputy County Manager Atkinson requested the following employees to step forward to receive service awards:
NameYears of Service
Andrea A. Jordan, Engineering Department10
Donald R. Howard, Sheriff's Department10
John H. Hubbard, WASTEC10
Georgia L. Cummings, Social Services Department10
Mitzi W. Chappell, Health Department 15
On behalf of the Board, Chairman Davis presented a service award to each employee and expressed
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 240
appreciation to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES
Deputy County Manager Atkinson requested the following new employees to stand and be recognized:
Alene Mabry, Health Department
Hope Little, Information Technology
Ryan Roane, Property Management
Jennifer Skreba, Department of Social Services
Belinda Warren, Department of Social Services
On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government
and wished them success in their new positions.
RECOGNITION OF FIRE ADMINISTRATOR DONNIE HALL FOR COMPLETING THE FEMA
EXECUTIVE FIRE OFFICER PROGRAM
Deputy County Manager Atkinson reported that Fire Administrator Donnie Hall has successfully completed
the rigorous Executive Fire Officer Program offered through the Federal Emergency Management Agency (FEMA).
Completion of this curriculum involves many hours of coursework and independent study. Since becoming the
County's Fire Service Chief, Chief Hall has exemplified the expertise and character associated with the rigor and work
involved in completing the program.
Chairman Davis, on behalf of the Board, presented a Certificate of Award for completion of the FEMA
Executive Fire Officer Program and congratulated Chief Hall for this outstanding accomplishment.
Chief Hall expressed appreciation to the Board for this recognition and said that without support from his
family, County Manager O’Neal, Assistant County Manager Dave Weaver, and his Office Staff, it would not have been
possible for him to complete the program.
In closing, Chief Hall referenced the recent fire in the Sidbury Road and Crooked Pine area and stated that
resources in this area have increased with utilization of 11 plows, 6 tank and pump carriers, and 60 people working the
fire. The N. C. Forestry helicopter with special thermal equipment and a CL2-15 scoop plane that drops water on a
fire are located at the Wilmington International Airport. The current fire situation is extremely dangerous and the low
water table is not helping to control the fire. The N. C. Forestry Service decided not to call for a burning ban, but all
persons are urged not to burn unless absolutely necessary.
Chairman Davis, on behalf of the Board, expressed appreciation to Chief Hall, the firefighters and N. C.
Forestry Service for the effort given to put out the fire and protect this area of New Hanover County.
PUBLIC HEARING TO CONSIDER THE 2002-2003 NCDOT SECONDARY ROADS CONSTRUCTION
PROGRAM FOR NEW HANOVER COUNTY
Chairman Davis opened the Public Hearing and welcomed Mr. Lanny Wilson, a member of the N. C. Board
of Transportation and Mr. Allen Pope, Division Engineer for the Wilmington Division of the N. C. Department of
Transportation.
Mr. Allen Pope, Division Engineer, introduced Mr. Daniel R. Cumbo, District Engineer, and stated that he
would present the FY 2002-2003 NCDOT Secondary Roads Construction Program for New Hanover County.
Mr. Dan Combo presented the following program:
As required by General Statue 136-44.5, before July 1 each calendar year, the Department of Transportation
shall make a study of all state-maintained unpaved roads in order to determine the unpaved mileage in each county and
the total mileage in the state. Each county’s allocation is determined by dividing the total allocation by the statewide
mileage times the number of miles in each county.
Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax,
and the final total will not be known until the end of the current fiscal year, ending June 30, 2002. Should there be a
significant change in the county allocation, New Hanover County will be informed of any adjustments in the Secondary
Road Construction Program for 2002-2003.
Based on unpaved mileage of approximately 2.22 miles in New Hanover County, compared to unpaved miles
statewide, the secondary allocation is estimated at $46,000 that is expected to be approved at the July meeting of the
N. C. Board of Transportation.
The priority lists were updated this past winter. The lists are based on a paving priority rating system having
two paving priorities in each county, one for rural roads and one for residential/subdivision roads. The N. C. Board
of Transportation now requires a separate listing of roads for each county showing the roads which have been previously
skipped over for paving because rights-of-way were not available. Although these roads will not be shown on either of
the two paving priority lists, provisions have been made for any such road to be reinstated to its prior position at such
time as the rights-of-way become available, or as soon thereafter as reinstatement can be administratively accomplished.
Mr. Cumbo presented a copy of the paving priorities and the list of roads with unavailable rights-of-way. In
compliance with the Board’s directives, while addressing overall county needs, he submitted the following proposals
for the expenditure of estimated secondary road construction funds for New Hanover County, for the period
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 241
through June 2003.
Estimated July 1, 2002 Total Allocation $46,000
Highway Fund $22,000
Highway Trust Fund $24,000
Spot Stabilization, paved road improvements,
replacement of small bridges with pipe, safety project, etc.
Estimated Cost: $ 6,000
$40,000
Subdivision Roads
Priority 1F(S)
SR1337M - Marathon Avenue (including Indian Corn Road)
Grade, Drain, Base and Pave & Erosion Control from end of
pavement to end of system
Length 0.89 mile Estimated Cost:$40,000
-0-
Total Mileage 0.89
In closing, Mr. Combo pointed out that the cost of each priority was an estimate and could be subject to
variations due to inflation, cost of materials, equipment rate changes, etc. He expressed appreciation to the Board for
having the opportunity to present the Secondary Roads Program and offered to answer questions.
Chairman Davis asked if anyone from the audience would like to speak in favor of the Secondary Roads
Program.
Mr. Lanny Wilson, a member of the N. C. Board of Transportation, reported at the last meeting of the
Transportation Board, an additional $70,000 was appropriated from discretionary funds to complete the paving of
Marathon Avenue. He said if this effort had not been made, the normal allocation to pave this road would not have
been received for two years.
In closing, Mr. Wilson expressed appreciation to the Board for having an opportunity to comment on the
program.
Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Wilson for the outstanding effort given
to assist New Hanover County and the entire State with transportation needs.
Chairman Davis asked if anyone from the audience would like to speak in opposition to the Secondary Road
Program.
Hearing no comments, Chairman Davis closed the Public Hearing.
Chairman Davis called for a motion to accept the program.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to accept the 2002-2003 Secondary
Roads Construction Program for New Hanover County as presented by the N. C. Board of Transportation. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis noted that discussion had been held with Mr. Wilson about the possible naming of a section
of a state road and said this item will be discussed by the Board at the end of the meeting. If the Board decides to name
this section of the road, this item will be placed on the agenda for July 8, 2002.
A copy of the Secondary Road Program for New Hanover County is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXVII, Page 22.5.
PUBLIC HEARING TO CONSIDER A NO WAKE ZONE APPLICATION FOR MASON CREEK
Chairman Davis opened the Public Hearing.
Deputy County Attorney, Kemp Burpeau, reported at the June 3, 2002, meeting of the Board of County
Commissioners, Dr. Robert Parr requested the Board to consider establishing a no wake zone for Mason Creek. Staff
was requested to review the process that should be followed and report back to the Board. He presented the following
information.
The N. C. Wildlife Resources Commission is the entity that approves and enforces no wake zones. The
Wildlife Resources Commission requires a local government to become a sponsor by filing an application and
adopting a resolution. The sponsorship requires the local government to pay for the cost involved with signage
for the no wake zone. The Wildlife Resources Commission will review the application and determine if a no
wake zone is needed based upon public safety.
Attorney Burpeau advised that an offer was made at the last meeting by Dr. Robert A. Parr on behalf of Medac
Health Services and Eastern Carolina Emergency Physicians to contribute $500 to pay for the initial cost of purchasing
and installing no wake signs in Mason Creek.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 242
After discussion of the offer from Medac Health Services and Eastern Carolina Emergency Physicians,
Chairman Davis requested the Clerk to the Board to incorporate a copy of the letter into the record.
Discussion followed on the language in the resolution under Section 3(2) requesting the County to fully
implement the Uniform Waterway Marker System in all waters within the governmental unit. Vice-Chairman Greer
requested an explanation of this section.
Attorney Burpeau responded that the purpose of the section is to be sure that the same format is used for all
no wake zone signage. The U.S. Army Corps of Engineers requires that standard signage be used, and the New
Hanover County Property Management Department is familiar with that format.
In further discussion, Vice-Chairman Greer noted that a person had contacted him over the weekend
informing him that numerous no wake signs were missing throughout the County. This person was told by a Wildlife
Officer that New Hanover County was responsible for replacing the missing signs.
Attorney Burpeau advised that notice was received on Thursday from a Wildlife Officer who identified three
locations where signs are missing. Since New Hanover County was the initial sponsor of the no wake zones, the County
is responsible for replacing the signs. The Property Management Department is in the process of making and replacing
the signs.
Chairman Davis requested Attorney Burpeau to comment on the cost involved with signage for no wake zones.
Attorney Burpeau reported that discussion was held with an official in Raleigh who suggested using a piling
or bouy for the signage. The cost per bouy is approximately $200; therefore, the $500 contribution from Dr. Parr and
his group would pay for the initial signage.
In discussion of the procedure used to request a no wake zone, Vice-Chairman Greer suggested requesting the
N. C. Wildlife Resources Commission to see if a no wake zone is needed before deciding to become a sponsor.
Attorney Burpeau advised that the Board could submit an informal request to the N. C. Wildlife Resources
Commission asking that agency to determine if there is a need to establish a no wake zone at Mason Creek before
adopting a resolution to become a sponsor.
Chairman Davis asked if anyone from the audience would like to speak in favor of establishing a no wake zone
at Mason Creek.
Dr. Robert A. Parr requested the Board to allow the N. C. Wildlife Resources Commission to make a
determination on whether a no wake zone should be established at Mason Creek. An application and resolution must
be adopted by the governing body to allow this process to occur. Since the County was responsible for the widening
of Mason Creek with the dredging of Mason Inlet, it would be only logical for the County to become the sponsor and
request the Wildlife Resources Commission to evaluate the request.
Chairman Davis asked if anyone from the audience would like to speak in opposition to establishing a no wake
zone at Mason Creek.
Mr. Bill Payne, a resident of New Hanover County and a member of an organization teaching boating safety,
objected to using private funds for signage and stated that a no wake zone is not needed at Mason Creek. The U. S.
Army Corps of Engineers and N. C. Wildlife Resources Commission are the agencies that recommend establishment
of no wake zones, and no recommendation has been received for Mason Creek. If the County becomes the sponsor for
no wake zones and accepts money for signage, it would be setting a precedent that could lead to homeowner associations
collecting money and requesting the County to sponsor no wake zones in front of their properties.
Mr. Payne requested the County to allow the Corps of Engineers and Wildlife Resources Commission to decide
on the need for the no wake zone before taking any action.
Dr. Parr stated that since this process has started, one death has already occurred on the waterway. With the
number of boats in the Mason Creek area, it is critical to take the steps necessary to ensure the safety of the boating
public. This is a 140 foot channel created by the County that is a definite risk to boaters.
Vice-Chairman Greer agreed with the concerns expressed by Dr. Parr but stated there are other areas in more
need of a no wake zone. The real problem is irresponsible boat owners.
Hearing no further comments, Chairman Davis closed the Public Hearing.
Consensus:
After discussion, it was the consensus of the Board to authorize the Legal Department to prepare a letter
for the Chairman’s signature to request the N. C. Wildlife Resources Commission to evaluate the need for a no wake
zone at Mason Creek before the County moves forward with filing an application and adopting the necessary resolution.
UPDATE ON CAPITAL PROJECTS FOR THE JUDICIAL BUILDING, LIBRARY, PARKING DECK, AND
NEW JAIL
Assistant Project Engineer Max Maxwell presented the following status report:
Parking Deck:
This project is within budget with a contingency of $1,598,965.44 as of June 11, 2002. The deck
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 243
should be operational by the end of July 2002. The second phase of the project will be enhancement of the Carolina
Court Yard which should be completed by late September 2002. A contract is in place through the City with Central
Parking for operation and management of the parking deck.
Library Renovations:
The project is within budget with a contingency of $524,866.00 as of June 11, 2002. The carpet
is being installed and the renovation should be completed in two weeks. Some of the contingency will be used to relocate
employees and departments from the Annex Building to the third floor of the Library.
Judicial Expansion Project:
The project is within budget with a contingency of $56,475.57 and a portion of the
building will be occupied in mid August 2002. The complete expansion will be completed in mid May 2003, which
includes renovating the existing Judicial Building. Issues of concern are as follows:
•Additional cost for Security Enhancement estimated at $60,000.00.
•Additional cost for upgrading the old existing fire alarm system estimated at $152,780.00.
•Additional cost for extension of contracts due to mold issues to be determined at completion of the contract
at $650.00 per day.
•Additional cost for expediting the move of the Clerk of Courts to the second floor due to the mold issue
estimated at $6,000.00.
•Additional cost of exterior signage estimated at $6,000.00. An allocation in the FF&E budget should cover
the cost of the sign.
Commissioner Pritchett asked if staff had contacted the Homeland Security Commission to see if funding is
available for additional security needs.
Deputy County Manager Atkinson advised that he would contact the Homeland Security Commission and
inquire about funding.
A lengthy discussion was held on the State proposed establishment of a Public Defender Office in New
th
Hanover County for the 5 Judicial District. Chairman Davis expressed concern for not being notified about the
proposal when the County will be required to provide office space for the attorneys. He asked if the Board would be
in favor of authorizing him to write a letter to Mr. Malcolm Hunter informing him of the County’s concerns and lack
of funding from the State to provide office space.
Assistant Project Engineer Maxwell informed the Board that no space was designed for a Public Defender
Office. If the County is required to provide office space, a significant amount of money will have to be spent on
redesigning the space and moving employees.
Commissioner Boseman expressed concern for people being defended by a Public Defender. This means that
a person is arrested by a government official, prosecuted by a government official, their fate decided by a government
official, and now being defended by a government official which constitutionally is an inadequate defense.
After discussion, the Board agreed to allow the Deputy County Manager to write a letter to Mr. Malcolm
Hunter for the Chairman’s signature.
Vice-Chairman Greer asked if adequate space for books has been worked out with the Registrar of Deeds.
Deputy County Manager Atkinson responded that he and Ms. Christian had met and found a way to better
utilize the space so the books would fit and be in a convenient location.
Commissioner Pritchett asked when the Register of Deeds Office will be moved back to the Courthouse.
Deputy County Manager Atkinson responded that once the building is completed, the office should be moved
by the end of December.
Federal Point Fire Station:
The building is ahead of schedule and can be occupied by the end of September. The
contractor, Hal Construction, has performed an excellent job.
Veterans Park Phase III B
: The contract was awarded to Paragon Building Corporation. A pre-construction meeting
is scheduled next week and construction should begin within three weeks.
New Hanover County Jail:
As of June 2002, the project is 47.8% complete. The contractor J. M. Thompson is 71%
through the allocated time for completion of the Jail. The projected completion date is mid-April 2003. The project
is within budget and should remain under budget when completed. The sallyport at the Law Enforcement Center will
be converted into a holding area for inmates at an estimated cost of $500,000 to $1,000,000. Funding is also included
in the projected cost for expansion of the 911 Center and Emergency Operations Center.
Chairman Davis requested Project Engineer Greg Thompson to provide the Commissioners with a cost break
down on converting the sallyport to a holding area and expanding the 911 Center and Emergency Operations Center.
Project Engineer Thompson responded that he would be glad to provide the figures requested.
Chairman Davis asked if the budget included the monthly cost of $100,000 to transport prisoners to other
counties in the State.
Project Engineer Thompson responded that no figures were included in the budget for transporting prisoners
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 244
to other facilities.
Commissioner Boseman asked when the new Jail would be completed.
Project Engineer Thompson responded that the original date of completion was September 26, 2002; however,
the projected date of completion is mid-April 2003.
BREAK
Chairman Davis called a break at 10:30 A.M. until 10:45 A.M.
SECOND READING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 56, UTILITIES, DIVISION
9, FEE SCHEDULE TO INCREASE WATER AND SEWER CHARGES
Chairman Davis reported that a Public Hearing was held on June 3, 2002, on the increase in rates for water
and sewer services. Due to the ordinance not receiving a unanimous vote, a second reading is required.
He asked if any member of the Board would like to speak.
Hearing no comments, Chairman Davis requested a motion to adopt the ordinance.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt an ordinance amending
Chapter 56, Utilities, Division 9, Fee Schedule, Appendix B increasing water and sewer charges to become effective
July 1, 2002. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVII, Page 22.6.
SECOND READING TO CONSIDER FRANCHISE APPLICATIONS FOR SOLID WASTE HAULERS WHO
APPLIED FOR A FRANCHISE BY JUNE 3, 2002
Chairman Davis announced that a second reading was required for franchise applications received on June
3, 2003. He stated before considering the franchise applications, he would like for the County Attorney to explain why
the date of the franchise ordinance adopted on June 3, 2002, has to be amended.
County Attorney Copley requested the Board to adopt an amendment to the franchise ordinance changing the
effective date from July 1, 2002, to July 8, 2002 to accommodate the second reading of applications received after June
3, 2002 from the following waste haulers:
Chairman Davis called for a vote to adopt an amendment to the franchise ordinance.
Motion:
Commissioner Pritchett MOVED, SECONDED by Chairman Davis, to adopt the amendment to Chapter 44,
Solid Waste, Article II, Collection and Disposal, Section 44-43-.5 of the New Hanover County Code to change the
effective date from July 1, 2002 to July 8, 2002. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer
and Commissioner Caster voted in opposition.
Due to the ordinance amendment not receiving a unanimous vote, a second reading will be held on July 8,
2002.
Chairman Davis advised that a second reading was being held to approve the franchise applications submitted
by solid waste haulers on June 3, 2002 from the following waste haulers:
Pelican Container Services, Inc.
Republic Services of N.C.
Site Clean, Inc.
Waste Industries, Inc.
Waste Management
He requested a motion to approve the applications upon the second reading.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to approve the franchise
applications submitted by the solid waste haulers on June 3, 2002.
Commissioner Caster referenced the letter from Robert E. Futrell, Jr., an attorney with the law firm of Wyrick,
Robbins, Yates and Ponton representing Waste Industries,LLC, and asked if the County was violating the Interstate
Commerce Clause of the U. S. Constitution as set forth in the Carbone v Town of Clarkstown in 1993 regarding flow
control and the Container Corporation of Carolina v Mecklenburg County in 1992.
County Attorney Copley responded that flow control would have to be resolved by the Federal Court in front
of a judge. With the recent United Haulers case in New York, the lawsuit involved a public facility, and the Court
looked more favorably upon flow control issues. The County is relying on this case; however, there is no way to say
what will happen in court.
Vice-Chairman Greer asked if the County would be liable for attorney fees and the tip fee being charged until
a decision is reached by the Court if the County should lose the case.
County Attorney Copley responded that it would depend on whether the judge would award attorney fees.
When the County entered into the Consent Agreement, the judge did not require the County to pay attorney fees or
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 245
damages to Waste Management, Inc.
Vote
: Chairman Davis called for a vote on the motion to approve the franchise applications submitted by solid waste
haulers on June 3, 2002. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster
voted in opposition.
Copies of the franchise agreements are on file in the Legal Department.
FIRST READING TO CONSIDER FRANCHISE APPLICATIONS FOR SOLID WASTE HAULERS WHO
APPLIED FOR A FRANCHISE AFTER JUNE 3, 2002
County Attorney Copley stated as discussed at the last two meetings, two readings are required for an award
of a franchise. Some waste haulers have sent letters of intent but no signed agreements have been received.
Assistant County Manager Dave Weaver advised that some of the haulers were not aware of the need to move
forward with the procedures until personally contacted.
Chairman Davis asked County Attorney Copley if the applications could be accepted after the original
deadline.
County Attorney Copley responded that since the date of the franchise ordinance had been amended to July
8, 2002, there would be no problem with accepting the applications.
Chairman Davis called for a motion to accept the applications received after June 3, 2002 from the following
waste haulers:
Disposal Express
Sea Coast Disposal
Total Maintenance
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to approve the franchise
applications received from solid waste haulers after June 3, 2002. Upon vote, the MOTION CARRIED 3 to 2. Vice-
Chairman Greer and Commissioner Caster voted in opposition.
A second reading for the franchise applications will be held on July 8, 2002.
ADOPTION OF FISCAL YEAR 2002-2003 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND
THE FIRE DISTRICT
Deputy County Manager Atkinson advised that Budget Director Cam Griffin has prepared a budget ordinance
for adoption of the recommended budget with the existing tax rate of 69 cents.
A lengthy discussion was held on using the Schools Fund Fund Balance. Deputy County Manager Atkinson
explained that staff requested the Schools to use some of its Fund Balance for the next fiscal year. However, the County
has accumulated money over a period of years from interest accrued on general obligation bonds. These County funds
are in an account called the Schools Fund Fund Balance. When the School System needed computers a few years ago,
funding was removed from this account.
Commissioner Pritchett suggested using another name for the Schools Fund Fund Balance to help everyone
to better understand that this is County money not the School System’s money.
Deputy County Manager Atkinson agreed and advised that he and the Budget Director would work on finding
another name.
Chairman Davis informed the audience that the County Manager has proposed a budget without an increase
in the property tax rate that includes no funding for non-county agencies and absorbs the 1.7 cent tax increase for the
school general obligations bonds and Cape Fear Community College general obligation bonds approved by the
taxpayers. Since State reimbursements in the amount of $4.5 million are not going to be received by the County,
another revenue source had to be found. This is why the Schools Fund Fund Balance, which is County money that has
accumulated over the years in the amount of $4.9 million can be used if State reimbursements are not received. Some
Commissioners are concerned about using this reserve for the schools and feel that consideration should be given to
increasing the property tax rate by 1.7 cents to cover the general obligation bond debt service. There are bills in the
N. C. General Assembly that may provide an opportunity for the County to implement a local option one-half cent sales
tax that will generate approximately $8 million in revenue over a period of one year. If enabling legislation is granted
and the one-half cent sales tax is implemented in New Hanover County, this revenue would cover the $4.5 million lost
from State reimbursements and assist the County with meeting other needs.
Commissioner Boseman advised that she had been told that to open the Main Library on Fridays would cost
approximately $39,000. She asked if the figure was correct.
Mr. Harry Tuckmeyer, Assistant Library Director of the New Hanover County Public Library, informed the
Board that it would cost between $38,000 to $40,000 to open the Main Library on Fridays.
Commissioner Boseman stated that she received an email from Ms. Lynda Pearce, Executive Director of
Elderhaus, requesting the Commissioners to remove the money from the Department of Social Services (DSS) budget
to fund Elderhaus. She asked if the Board decides not to fund Elderhaus, will this action create additional costs for the
County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
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Deputy County Manager Atkinson explained that it is difficult to link dollars from Elderhaus to DSS Medicaid
dollars because there is no way to know when a person will be going into a Nursing Home. The assumption can be
made that if a person is close to needing Nursing Home care, it will save money for the County. It is more expensive
for a person to be placed in a Nursing Home than in Elderhaus. There is no specific way to define those dollars.
Commissioner Boseman referenced MedSource and asked if this agency saves money for the County.
Deputy County Manager Atkinson explained that MedSource saves the Medical Center a significant amount
of money. If an indigent person is diabetic and does not receive insulin because he does not have enough money to pay
for the drug, that person can go into shock and be rushed to the Emergency Room for treatment, which can require
hospitalization for a number of days. If MedSource had provided the insulin, the Medical Center would not have to pay
the costs involved for treatment of an indigent patient.
Commissioner Caster, the Commissioner representative on the Medical Center Board of Trustees, offered to
discuss the amount of savings to the hospital through services provided by MedSource at the next meeting of the Board
of Trustees. He stated that the Medical Center might be interested in funding this agency.
Deputy County Manager Atkinson advised that MedSource provides an excellent service at a minimal cost.
The staff and workers are volunteers without salaries. If the Medical Center could provide more money to this agency,
a significant amount of money could be saved for the hospital.
Commissioner Boseman requested an explanation of the $200,000 contribution to the Airlie Gardens
Foundation.
Assistant County Manager Dave Weaver responded that when the Board of County Commissioners decided
to purchase Airlie Gardens, a decision was made to contribute money each year to the Airlie Gardens Foundation. The
purpose of the contribution was to establish a fund for the Airlie Gardens Foundation to create an endowment for capital
projects. There are current plans to build a garden services maintenance building that will be funded through the Airlie
Gardens Foundation and donated to the County.
Commissioner Boseman expressed concern for making a contribution to the Airlie Gardens Foundation when
the schools and human services agencies are in desperate need of funding. She stated that in her opinion it is difficult
to justify this expense when libraries are closed on Fridays.
Vice-Chairman Greer and Commissioner Pritchett agreed with Commissioner Boseman and noted that the
money could be used for other purposes.
Commissioner Caster said if there is a consensus to remove the $200,000 for the Airlie Gardens Foundation,
he would like for the Board to consider funding in the amount of $163,000 (50% of budget requests) for Coastal
Horizons, Crisis Line/Open House, the Rape Crisis Center, Elderhaus, Domestic Violence Shelter and Services, and
MedSource. He also requested the Board to consider $3,000 for Cape Fear Resource Conservation and Development,
Inc. for services provided to the County for a total of $166,000 to be distributed to these non-county agencies.
Commissioner Pritchett requested the Board to consider funding for the Carousel Center because of the work
being done to assist the court in preparing cases for sexually abused children.
After discussion of funding to these non-county agencies, Commissioner Pritchett requested an explanation
of services rendered by Cape Fear Resource Conservation and Development, Inc.
Commissioner Caster noted that he serves as a member of the Cape Fear Resource Conservation and
Development, Inc. Board and stated that this agency does secure grants to assist New Hanover County and other
surrounding counties. New Hanover County received assistance from Cape Fear Resource Conservation and
Development, Inc. for the Pine Valley Country Club stream bank stabilization project, and the Howe Creek wetland
restoration project. This agency has assisted Brunswick, Columbus, and Pender counties with flood control and storm
water management programs as well as the sea oats projects for Wrightsville Beach and Topsail Beach.
Budget Director Griffin informed the Board that no funding application was submitted by Cape Fear Resource
Conservation and Development, Inc. to the Budget Department for FY 2002-2003; however, dues in the amount of
$2,800 were submitted. She suggested paying the dues from the Planning Department budget since they work with this
group.
Chairman Davis commented on the budget presentations heard by the Board on June 3, 2002, and noted that
each non-county agency provides good services and should be funded; however, with no extra funds during a difficult
budget year, he could not justify funding one agency or two agencies without funding all agencies. He stated that the
recommended budget from the County Manager does do not include funding for non-county agencies, which in his
opinion is the fair way to address this item.
Motion
: Chairman Davis MOVED to adopt the budget as presented by the County Manager taking the $4.5 million
from the Schools Fund Fund Balance that will result in no property tax increase for FY 2002-2003.
Commissioner Pritchett requested Chairman Davis to amend the motion to say should the reimbursement come
forth from the State, the Schools Fund Fund Balance will be reimbursed.
Amended Motion:
Chairman Davis amended the motion and MOVED to adopt the budget as recommended by the
County Manager without a tax increase for FY 2002-2003 and to designate the $4.5 million for State reimbursements
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 247
that was included in the budget but may not be received from Fund 125 (the Schools Fund Fund Balance), and if
reimbursements are received from the State some of these funds will be used to reimburse Fund 125. The AMENDED
MOTION WAS SECONDED by Commissioner Pritchett.
Substitute Motion:
Commissioner Boseman MOVED to accept the budget as presented with eliminating the $200,000
contribution to the Airlie Gardens Foundation with $39,000 going to the Main Library to keep it open on Fridays and
the remaining funds going to non-county agencies.
Commissioner Caster requested Commissioner Boseman to consider funding 50% of the following agencies
with the $200,000: Coastal Horizons/Crisis Line/Open House, the Rape Crisis Center, Domestic Violence Shelter &
Services, Elderhaus, MedSource, and the Carousel Center.
Commissioner Boseman suggested adding the Cape Fear Literacy Council.
Discussion followed on how to prorate the funding. Budget Director Griffin suggested using 50% of the
adopted budget last year with a balance from contingencies or the miscellaneous account.
After further discussion, Deputy County Manager Atkinson recommended using $161,000.
Commissioner Caster advised that he would talk to the Medical Center about funding MedSource which could
free some money at a later date.
Amended Substitute Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to accept the
budget as recommended by the County Manager with eliminating the $200,000 contribution to the Airlie Gardens
Foundation with $39,000 going to the Main Library to keep it open on Fridays and the remaining funding being
allocated to the following non-county agencies: Coastal Horizons/Crisis Line/Open House; the Rape Crisis Center;
MedSource; the Carousel Center; Domestic Violence Shelter & Services, Elderhaus; and the Cape Fear Literacy
Council.
Chairman Davis called for a vote on the substitute motion.
Upon vote, the MOTION CARRIED 3 TO 2. Chairman Davis and Commissioner Pritchett voted in
opposition.
The original motion on the floor died with passage of the substitute motion.
A copy of the FY 2002-2003 New Hanover County Budget Ordinance is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXVII, Page 22.7.
Chairman Davis called for a motion to consider the FY 2002-2003 Budget Ordinance for the New Hanover
County Fire Service District.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the FY 2002-2003 Budget
Ordinance for the New Hanover County Fire Service District as presented with no tax increase in FY 2002-2003. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the FY 2002-2003 New Hanover County Fire Service District Budget Ordinance is hereby
incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 22.8.
DISCUSSION OF ADDITIONAL THREE PERCENT ROOM OCCUPANCY TAX
Deputy County Manager Atkinson reported at the June 3, 2002, meeting, the Board requested staff to place
this item on the agenda for discussion.
Chairman Davis explained that N. C. House Representative Thomas E. Wright introduced House Bill 1720
on behalf of the City of Wilmington requesting an additional 3% increase in the Room Occupancy Tax with no voter
referendum required before implementation of the additional tax increase. N. C. House Representative Daniel F.
McComas, on behalf of Carolina Beach, Kure, Beach, and Wrightsville Beach, introduced House Bill 1707 for an
additional 3% increase in the Room Occupancy Tax with voter approval required by each beach community. N. C.
Senator Patrick Ballantine has a blank bill that will be used to introduce the additional increase in the Room Occupancy
Tax in the N. C. Senate.
In concluding his remarks, Chairman Davis advised that with these inconsistencies, it will be difficult to
support any bill. It might be wise for the City and beach communities to meet and discuss the bills introduced so they
can get on the same page before the County Commissioners consider any action.
Chairman Davis noted that Ms. Judith Grizzel, President/CEO of the Cape Fear Coast Convention and Visitors
Bureau, was present and would like to speak.
Ms. Grizzel reported that the Cape Fear Coast Convention and Visitors Bureau (CVB) Board of Directors has
not had an opportunity to discuss the bills introduced. This item is on the agenda for the CVB Board meeting
scheduled on Wednesday, June 19, 2002. She requested the Board of County Commissioners not to take a position on
any of the bills until the CVB Board can discuss the bills and make a recommendation. There are many unanswered
questions and time is needed to know what the proposed bills will accomplish.
City Councilman Frank S. Conlon reported that from the City’s point of view, the present 3% Room
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 248
Occupancy Tax will not be disturbed. However, there are a number of deficiencies in the bills introduced. These
concerns have been discussed with Representative Wright and Representative McComas. It is hoped that the bill
enacted by the General Assembly will be similar to the bill submitted by the City Council. The bill for the beach
communities requires increments beginning at 1% for the first year, 2% for the second year, and 3% for the third year,
which is fine for beach communities; however, the City would like to implement a 3% increase immediately to build
a convention center which is needed in this area to promote tourism. The citizens do not want to spend ad valorem
dollars on a convention center; therefore, 2 1/2% would be used to fund a convention center and the remaining 1/2%
would be dedicated to marketing the convention center.
In concluding his remarks, Councilman Conlon reminded the Commissioners that each municipality has its
own unique needs and sometimes there is merit in recognizing these differences. Each municipality should be allowed
to fund its needs with the proposed increase in the Room Occupancy Tax. The prime reason for support of two bills
is that a consolidated bill could be disapproved by the General Assembly because some issues at the beach could defeat
the bill introduced by the City of Wilmington. He agreed to tabling this item until more discussion has been held by
the CVB Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to table this issue until a
recommendation has been received from the CVB Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF HOLDING A PUBLIC HEARING ON IMPLEMENTING AN ADDITIONAL ONE-
HALF CENT (½ CENT) SALES TAX AS AUTHORIZED BY THE NORTH CAROLINA GENERAL
ASSEMBLY
Deputy County Manager Atkinson reported that the Board agreed to hold a Public Hearing to consider
implementing the additional one-half cent sales tax authorized by the General Assembly to become effective July 1,
2003; however, legislation could be introduced within the next week to accelerate the sales tax to become effective
August 1, 2002. In order to move forward with either date, the Board should schedule a Public Hearing on July 8, 2002,
to consider adopting a resolution so the N. C. Department of Revenue can be notified by July 15, 2002.
Chairman Davis requested direction from the Board.
Motion:
After discussion, Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to schedule a Public
Hearing on July 8, 2002, to consider the additional ½ cent sales tax authorized by the General Assembly. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
COMMITTEE APPOINTMENTS
Reappointment of Howard L. Armistead to Serve Another Term on the ABC Board and Reappointment of
Howard L. Armistead to Serve as Chairman of the ABC Board for the Ensuing Year
Chairman Davis announced that one vacancy needed to be filled on the ABC Board. He reported that three
applications were received with one applicant, Dr. Howard L. Armistead, desiring to be reappointed even though he
will be serving a fourth term.
Vice-Chairman Greer informed the Board that Dr. Armistead is currently serving on the State ABC Board
which has been beneficial to New Hanover County.
Chairman Davis opened the floor to receive nominations.
Vice-Chairman Greer nominated Dr. Armistead for reappointment. The nomination was seconded by
Commissioner Pritchett.
Commissioner Caster suggested appointing Dr. Armistead to serve as Chairman of the ABC Board for the
coming year.
Hearing no further nominations, Chairman Davis closed the nominations.
Vote:
Upon vote, the Board unanimously reappointed Dr. Howard L. Armistead to serve a fourth 3-year term on the
ABC Board to expire June 30, 2005, and to reappoint Dr. Armistead to serve as Chairman of the ABC Board for the
ensuing year.
Reappointment of Horace C. Johnston, III and Appointment of S. Lawrence Crawley, Jr. to Serve as At-Large
Community Representatives on the Board of Fire Commissioners
Chairman Davis announced that two At-Large Community Representative vacancies needed to be filled on
the Board of Fire Commissioners. He advised that two applications have been received with one applicant, Horace C.
Johnston, III, desiring to be reappointed.
Chairman Davis opened the floor to receive nominations for the two At-Large Community Representatives.
Commissioner Pritchett nominated Horace C. Johnston, III for reappointment. The nomination was seconded
by Vice-Chairman Greer.
Commissioner Caster nominated S. Lawrence Crawley, Jr. The nomination was seconded by Vice-Chairman
Greer.
Commissioner Boseman nominated Robert Sanders. The nomination did not receive a second.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 249
Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote.
Vote:
Upon vote, the Board voted unanimously to reappoint Horace C. Johnston, III to serve a second 3-year term
as an At-Large Representative on the Board of Fire Commissioners with the term to expire July 1, 2005, and to appoint
S. Lawrence Crawley, Jr. to serve a 3-year term as an At-Large representative on the Board of Fire Commissioners with
the term to expire July 1, 2005.
Reappointment of Robert R. Kiehlmeier, Jr. and William B. Milligan, III to Serve on the Board of Fire
Commissioners as At-Large Volunteer Fire Department Representatives
Chairman Davis announced that two At-Large Volunteer Fire Department Representative vacancies need to
be filled on the Board of Fire Commissioners. He advised that three applications have been received and one applicant,
Robert R. Kiehlmeier, Jr. desires to be reappointed.
Chairman Davis opened the floor to receive nominations.
Commissioner Pritchett nominated Robert R. Kiehlmeier, Jr. for reappointment. The nomination was seconded
by Commissioner Caster.
Commissioner Boseman nominated William B. Milligan, III. The nomination was seconded by Commissioner
Pritchett.
Vice-Chairman Greer nominated Michial Wayne Rhodes. The nomination was seconded by Commissioner
Caster.
Hearing no other nominations, Chairman Davis declared the nominations closed and called for a vote on the
reappointment of Robert R. Kiehlmeier, Jr.
Vote:
The Board voted unanimously to reappoint Robert Kiehlmeier, Jr. to serve a second 3-year term as an At-Large
Volunteer Fire Department Representative on the Board of Fire Commissioners with the term to expire July 1, 2005.
Chairman Davis called for a vote on the appointment of William B. Milligan, III.
Vote:
The Board voted 3 to 2 to appoint William B. Milligan III to serve a 3-year term as an At-Large Volunteer Fire
Department representative on the Board of Fire Commissioners with the term to expire July 1, 2005. Commissioner
Boseman, Commissioner Pritchett and Chairman Davis voted in favor of the appointment.
Commissioner Pritchett requested the Clerk to the Board to indicate on the agenda the volunteer fire
department represented by Fire Commission members so she could quickly review the balance on the Board of Fire
Commissioners when making appointments.
Clerk to the Board, Lucie F. Harrell, responded that she would be glad to provide this additional information
on future appointments to the Board of Fire Commissioners.
Appointment of Ann B. Pitts to Serve on the Board of Social Services
Chairman Davis announced that one vacancy needed to be filled on the Board of Social Services. He reported
that four applications were received with no member eligible for reappointment.
Chairman Davis opened the floor to receive nominations.
Commissioner Pritchett nominated Laura Johnson. The nomination did not receive a second.
Commissioner Caster nominated Ann B. Pitts. The nomination was seconded by Chairman Davis.
Commissioner Boseman nominated Fred Spain. The nomination was seconded by Commissioner Pritchett.
Vice-Chairman Greer nominated Wayne Wilson. The nomination did not receive a second.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote
on the appointment of Ann B. Pitts.
Vote:
Upon vote, Ann B. Pitts was appointed to serve a 3-year term on the Board of Social Services with the term to
expire June 30, 2005. Chairman Davis, Vice-Chairman Greer, and Commissioner Caster voted in favor.
Appointment to the Cape Fear Community College Board of Trustees Postponed Until July 8, 2002
Chairman Davis, the Commissioner Representative on the Cape Fear Community College Board of Trustees,
advised that the Board of Trustees has requested postponing this appointment until the July 8, 2002, so the Trustees
could review the applications of persons applying to fill the vacancy.
Commissioner Caster advised that he did not have a problem with postponing the appointment.
Vice-Chairman Greer stated that he had no problem with the Board of Trustees reviewing the applications and
providing input in an informal manner; however, the Commissioners are responsible for deciding on the person to
appoint to fill any vacancy on a board. He expressed concern for setting a precedent by allowing different boards and
committees to make recommendations on a particular person who they think should be appointed to a board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 250
Chairman Davis expressed appreciation to Vice-Chairman Greer for his point and stated that he would inform
the Trustees that the Commissioners are in control of the appointment and will make a decision on which person to
appoint to the Cape Fear Community College Board of Trustees.
Vice-Chairman Greer noted that he expressed this concern because if the Trustees decide on a particular
applicant, and that person is not appointed by the Board of County Commissioners, it could become an embarrassment
to that individual.
In further discussion of postponing the appointment, Chairman Davis noted that the Board of Trustees wanted
to review the background of each applicant to maintain a diverse group to address the many issues facing Cape Fear
Community College.
Consensus:
After further discussion, it was the consensus of the Board to postpone the appointment until July 8, 2002.
Reappointment of F. L. “Tanky” Meier and John B. Thuersam and Appointment of Kimberly C. Mash to Serve
on the Cape Fear Museum Board of Trustees
Chairman Davis reported that three vacancies needed to be filled on the Museum Board of Trustees. He
advised that 12 applications had been received with two applicants, F. L. “Tanky” Meier and John Bernhard Thuersam,
eligible for reappointment.
Chairman Davis opened the floor to receive nominations.
Commissioner Boseman nominated Donna S. Pope and noted that Ms. Pope has a degree in history with an
emphasis in museum study and public history and graduated Magna Cum Laude. The nomination did not receive a
second.
Commissioner Caster nominated Kimberly C. Mash. The nomination was seconded by Commissioner
Pritchett.
Commissioner Caster nominated F. L. Meier for reappointment. The nomination was seconded by Vice-
Chairman Greer.
Chairman Davis nominated John B. Thuersam. The nomination was seconded by Commissioner Pritchett.
Vice-Chairman Greer nominated Donald Patience. Commissioner Boseman seconded the nomination.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote
on the appointment of Kimberly C. Mash.
Vote:
The Board voted 4 to 1 to appoint Kimberly C. Mash to serve a 3-year term on the Cape Fear Museum Board
of Trustees with the term to expire June 30, 2005. Chairman Davis, Vice-Chairman Greer, Commissioner Caster, and
Commissioner Pritchett voted in favor of the appointment.
Chairman Davis called for a vote on the reappointment of F. L. Meier.
Vote:
The Board voted 4 to 1 to reappoint F. L. Meier to serve a second 3-year term on the Cape Fear Museum Board
of Trustees with the term to expire June 30, 2005. Chairman Davis, Vice-Chairman Greer, Commissioner Caster, and
Commissioner Pritchett voted in favor of the appointment.
Chairman Davis called for a vote on the appointment of Donald Patience.
Vote:
The Board voted 2 to 3 on the appointment of Donald Patience to the Cape Fear Museum Board of Trustees.
Vice-Chairman Greer and Commissioner Boseman voted in favor of the appointment.
Due to Mr. Patience not receiving a majority vote, he was not appointed to serve on the Museum Board of
Trustees.
Chairman Davis called for a vote on the reappointment of John B. Thuersam.
Vote:
The Board voted 4 to 1 to reappoint John B. Thuersam to serve a second 3-year term on the Cape Fear Museum
Board of Trustees with the term to expire June 30, 2005. Chairman Davis, Commissioner Boseman, Commissioner
Caster, and Commissioner Pritchett voted in favor.
Reappointment of Catherine R. Davis and Eileen B. Rock to Serve on the Nursing Home Community Advisory
Committee
Chairman Davis announced that vacancies needed to be filled on the Nursing Home Community Advisory
Committee. He reported that two applications were received with both applicants desiring to be reappointed.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman , to reappoint Catherine R. Davis
and Eileen B. Rock to serve 3-year terms on the Nursing Home Community Advisory Committee with the terms to
expire June 30, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Reappointment of Jim Medlin and Appointment of Nikki Speck Howard to Serve on the Parks and Recreation
Advisory Board
Chairman Davis announced that two vacancies needed to be filled on the Parks and Recreation Advisory
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 251
Board and stated that five applications have been received with one applicant, Jim Medlin, requesting to be reappointed
to serve a second term.
Chairman Davis opened the floor to receive nominations.
Vice-Chairman Greer nominated Jim Medlin for reappointment. The nomination was seconded by
Commissioner Caster.
Commissioner Boseman nominated Daniel M. McIntyre. The nomination was seconded by Commissioner
Pritchett.
Commissioner Caster nominated Nikki Speck Howard. The nomination was seconded by Vice-Chairman
Greer.
There being no further nominations, Chairman Davis declared the nominations closed and called for a vote
on the appointment of Nikki Speck Howard.
Vote:
The Board voted 4 to 1to appoint Nikki Speck Howard to serve a 3-year term on the New Hanover County Parks
and Recreation Advisory Board with the term to expire June 30, 2005. Chairman Davis, Vice-Chairman Greer,
Commissioner Caster, and Commissioner Pritchett voted in favor of the appointment.
Chairman Davis called for a vote on the appointment of Daniel M. McIntyre.
Vote:
The Board voted 2 to 3 to appoint Daniel M. McIntyre to serve on the New Hanover County Parks and
Recreation Advisory Board. Commissioner Boseman and Commissioner Pritchett voted in favor of the appointment.
Due to Mr. McIntyre not receiving a majority vote, he was not appointed to serve on the Parks and Recreation
Advisory Board.
Chairman Davis called for a vote on the reappointment of Jim Medlin.
Vote:
Upon vote, the Board voted unanimously to reappoint Jim Medlin to serve a second 3-year term on the New
Hanover County Parks and Recreation Advisory Board with the term to expire June 30, 2005.
MEETING RECESSED FOR LUNCH
Chairman Davis recessed the meeting for lunch from 12:40 P.M. until 1:15 P.M.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Davis recessed the meeting at 1:15 P.M. to hold a meeting of the New Hanover County Water and
Sewer District.
Chairman Davis reconvened the meeting at 1:22 P.M.
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
Recognition of Safety Award Received by the WASTEC Facility
Commissioner Pritchett recognized and congratulated the employees at the WASTEC Facility for receiving
a Safety Award from the N. C. Department of Labor for the fifth consecutive year.
Discussion of Monitoring at the Northen End of Wrightsville Beach
Commissioner Pritchett referenced the article in the morning newspaper regarding the Walker Golder
interview at the northern end of Wrightsville Beach, and asked if the County was up to date on the monitoring process.
The article implied that people were inside the closed off area.
Assistant County Manager Weaver advised that he would check into this matter and report back to the Board.
Discussion of Recommendations from the Planning Board on Performance Residential Requirements
Commissioner Boseman inquired as to the status of the Planning Board’s recommendations regarding
performance residential appeals.
Planning Director Hayes advised that the Planning Board discussed changes for performance residential
requirements at the last meeting, and continued this item until the June 19, 2002, meeting to allow more time to study
the issue before making a decision. This item will be placed on the agenda for the July 8, 2002, meeting of the Board
of County Commissioners. The Planning Board has also acted and made a recommendation on how subdivision reviews
by the Technical Review Committee should be handled. This recommendation will also be placed on the agenda for
the July 8, 2002, meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, JUNE 17, 2002PAGE 252
Discussion of Contract with Corning, Inc.
Commissioner Boseman spoke on receiving calls about the contract with Corning, Inc. and said that people
want to know if the contract requirements are being met with the number of layoffs being announced.
Budget Director Griffin responded that the requirement on the number of employees does not have to be met
until 2004. The first payment has been included in the FY 2002-2003 Budget; however, this payment will not be
disbursed until October or February.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION
Chairman Davis requested a motion to convene to Closed Session to discuss the possible acquisition of real
estate pursuant to N.C.G.S. 143-318.11(a)(5); to discuss a matter of potential litigation pursuant to N.C.G.S. 143-
318.11(a)(3); and to discussion a personnel matter pursuant to N.C.G.S. 143-318.11(a)(6).
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to convene to Closed Session. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 1:30 P.M.
Chairman Davis reconvened to Regular Session at 2:55 P.M. and announced that no official action was taken;
however, the Board did direct staff to pursue negotiations for the purchase of real property.
REGULAR MEETING RECESSED UNTIL JUNE 17, 2002
Chairman Davis asked if the Commissioners had any other items to come before the Board.
Hearing no comments, Chairman Davis requested a motion to recess the regular meeting of the June 17, 2002, meeting
to June 19, 2002.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to recess the regular meeting of June
17, 2002, until 5:30 P.M. on Wednesday, June 19, 2002, in Room 501 of the New Hanover County Administration
Building, 320 Chestnut Street, Wilmington, North Carolina, to further discuss the purchase of real property. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis recessed the meeting at 2:57 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board