2002-12-16 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 419
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 16, 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.
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
Mr. Carl Byrd, Sr., Director of Human Relations, 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.
Commissioner Caster referenced Consent Agenda Item 2 regarding the Memorandum of Understanding for
Transportation Planning and stated that he was glad to learn that the Metropolitan Planning Organization now includes
the jurisdictions of Carolina Beach and Kure Beach which in his opinion will allow for all municipalities in the County
to be represented on advisory boards that plan for transportation needs.
Commissioner Caster referenced Consent Agenda Item 3 regarding the elimination of two vacant deputy
positions and stated that Sheriff Causey was present and he would like to hear an explanation of why the positions were
being eliminated.
Sheriff Causey explained that the Civil Process Division could be operated with special deputies. There are
several retired officers who would like to work two days a week and with the current budget crunch, it would be much
cheaper hire these officers instead of full-time deputies.
Commissioner Caster expressed appreciation to Sheriff Causey for the explanation.
Commissioner Caster referenced Consent Agenda Item 4, and stressed the importance of scheduling the first
Budget Work Session so Staff can be given some direction on preparing the FY 2003-2004 budget.
Consensus:
After discussion, it was the consensus of the Board to schedule a Budget Work Session on Thursday,
January 9, 2003, at 5:00 p.m. in Room 501, New Hanover County Administration Building, 320 Chestnut Street,
Wilmington, North Carolina.
Commissioner Caster referenced Consent Agenda Item 7 and asked if the Tourism Development Authority
(TDA) had been formed and whether the Convention and Visitors Bureau (CVB)would become the TDA.
Finance Director Bruce Shell responded that the CVB will become the TDA. He explained that the Board of
County Commissioners adopted a resolution creating the TDA on November 12, 2002, to become effective January 1,
2003. The CVB Board of Directors met and dissolved the CVB Corporation effective December 31, 2002, and
authorized Executive Director Judith Grizzel to transfer assets to the TDA.
Commissioner Caster expressed appreciation to Finance Director Shell for the explanation.
Commissioner Caster referenced Consent Agenda Item 10.2, a budget amendment for the Library/Partnership
for Children grant funds and asked if the funds would be received by the Partnership for Children.
Commissioner Pritchett responded that the grants funds initially go to the Partnership for Children and this
agency then reallocates the money to the Library.
After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent
Agenda.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent
Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes for the Regular Meeting of November 25, 2002, as presented by the
Clerk to the Board.
Approval of Memorandum of Understanding for Transportation Planning
The Commissioners approved a Memorandum of Understanding for Transportation Planning for the
Metropolitan Planning Organization (MPO) and authorized the Chairman to execute the necessary documents. Pursuant
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 420
to federal and state law, each Metropolitan Planning Organization is required to develop a comprehensive transportation
plan for its urban area. As a result of the 2000 census, the boundaries have been changed to include all of New Hanover
County which added the jurisdictions of Carolina Beach and Kure Beach.
Funding for the program is provided through federal monies distributed through the N. C. Department of
Transportation. These funds require a local match (20%) that is proportioned according to each jurisdiction’s share of
the MPO total population. Funding for the County’s share has already been budgeted.
Approval of Salary Recommendation for Sheriff
The Commissioners approved a salary for newly elected Sheriff Sidney Causey in the amount of $93,704 as
recommended by the Director of Human Resources after investigation and comparison of salary grades with other
counties including the department size, nature of work and the amount of experience within the profession. In addition,
there will be a reorganization and reassignment of Staff within the Sheriff’s Department which will result in financial
savings. Sufficient funds exist within the department for funding the salary at this level.
Approval of FY 2003-2004 Draft Budget Calendar
The Commissioners approved a draft FY 2003-2004 Budget Calendar as a preliminary budget calendar which
will be subject to change as needed.
Approval of Participation in 2003 Chamber-County-City Legislative Weekendand Approval of Associated Budget
Amendment #03-0085
The Commissioners approved a contribution of $10,000 to help sponsor the Chamber-City-County Legislative
Weekend and approved the following budget amendment:
Budget Amendment #03-0085-Non-Departmental/Contingencies
Adjustment Debit Credit
Non-Departmental/Contingencies:
Contingencies $10,000
Chamber of Commerce $10,000
Explanation: To transfer funds from Contingencies for the Chamber Legislative Weekend.
Approval of Reimbursement to the Town of Wrightsville Beach from the Room Occupancy Tax for Strand
Improvements
The Commissioners approved a request to reimburse the Town of Wrightsville Beach $22,718.54 from the Room
Occupancy Tax/Beach Renourishment Fund as recommended by the Port Waterway and Beach Commission for repair
of escarpments at street ends on the beach strand.
Approval of Financial Contract #03-0141 for the Tourism Development Authority, Approval of One Position in
the County Finance Department and Approval of Associated Budget Amendment #03-0081
The Commissioners approved Contract #03-0114 for New Hanover County to provide financial services to the
New Hanover County Tourism Development Authority, authorized the creation of one new accounting position in the
Finance Department, and approved associated budget amendment #03-0081.
The creation of the new position is to provide financial services as requested by the Tourism Development
Authority Board of Directors. The person in the accounting position will spend 75% of their time working on tourism
related matters and 25% in other areas such as the special assessments.
A copy of the contract is on file in the Legal Department.
Budget Amendment #03-0081-Finance
Adjustment Debit Credit
Financial Services Fee $21,000
Salaries $16,800
FICA $ 1,285
Medical Insurance $ 2,880
Disability Insurance $ 35
Explanation: To increase the budget for payment by the CVB for personnel to prepare their financials.
Release of Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers:
Baker, Robert H. Jr. $49,559
Downing, Magalene Burnet $25,261
Esposito, James Frances $46,705
Fennell, Hattie Jerome $25,828
Jones, Hazel Life Estate $41,989
Peoples, Mary Hobgood $36,519
Pridgen, Bernice F. $23,926
Sickles, Pamela B. $40,252
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 421
The Commissioners approved release from late listing penalties for the following organizations since it was their
first offense:
Chick N. Fish$ 22.25
Corning, Inc.$365.40
Acceptance of Tax Collection Reports Through November 30, 2002
The Commissioners accepted the following Tax Collection Reports through November 30, 2002, 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 XXVIII, Page 4.1.
Approval of Budget Amendment #03-0078
The Commissioners approved the following Budget Amendment:
Budget Amendment #03-0078-Foster Grandparent
Adjustment Debit Credit
Foster Grandparent Grant $25,955
Salaries $ 6,235
Medical Insurance $ 2,589
Contract Services $ 250
Contract Services-Meals $ 212
Telephone $ 255
Postage $ 175
Supplies $ 75
Dues and Subscriptions $ 37
Employee Reimbursements $ 241
Training and Travel $ 1,796
Uniforms $ 100
Volunteer Mileage $ 6,986
Volunteer Stipends $26,536
Volunteer Recognition $ 600
Explanation: To rollover unexpended grant funds from FY 2001-2002 to FY 2002-2003.
Approval of Budget Amendment # 03-0082
The Commissioners approved the following Budget Amendment:
Budget Amendment #03-0082-Library/Partnership for Children Grant
Adjustment Debit Credit
Partnership for Children Grant $81,666
Temporary Salaries $58,976
Social Security Taxes $ 4,512
Departmental Supplies $ 1,028
Employee Reimbursements $ 2,628
Postage Expense $ 300
Printing Charges $ 563
Employee Reimb./Uniforms $ 225
Books & Periodicals $13,434
Explanation: To increase the budget for Partnership for Children Grant funds awarded for the last three quarters
of FY 2002-2003 (October 2002 - June 2003). Funds are used to provide library services to preschoolers.
INTRODUCTION OF NEW COOPERATIVE EXTENSION SERVICE DIRECTOR, MELISSA HIGHT
County Manager O’Neal introduced Ms. Melissa Hight, the new Director of the Cooperative Extension Service,
and advised that she was a previous Director of Cooperative Service in Lenior County. She is graduate of East Carolina
University and was highly recommended by officials from Lenior County. She began work on December 2, 2002, and
after holding several meetings, Ms. Hight has already demonstrated a spirit of cooperation and has excellent ideas for
the Extension Service.
County Manager O’Neal requested the Board to welcome Ms. Hight.
On behalf of the Board, Chairman Davis welcomed Ms. Hight to New Hanover County and stated the Board
was looking forward to working with her.
Ms. Hight expressed appreciation to the Board for allowing her to be a part of New Hanover County and stated
that she was excited about the potential for the Cooperative Extension Service.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 422
SPECIAL RECOGNITION OF CHRISTINE (CHRIS) NEAL
County Manager O’Neal reported that Ms. Chris Neal, Engineering Support Coordinator for New Hanover
County, was recently honored for organizing an effort to send care packages to the Single Marines Program. She was
recently presented the Standing Tall Award by Major General David Mize, Commanding General of Camp Lejuene.
Ms. Neal’s efforts were inspired by her father’s experience in Vietnam and she felt that something positive should be
done to help children better cope with the terrorist attacks of September 11, 2002. Working with students at St. Mary’s
Catholic School and the Marine Corps at Camp Lejuene, more than 250 Christmas care packages were assembled and
th
sent to the 24 Marine Unit serving overseas to assure these brave men and women that their commitment to protect
our country and freedom throughout the world was greatly appreciated.
On behalf of the Board, Chairman Davis requested Ms. Neal to step forward and he expressed appreciation to
her for leading this effort to remember our men and women in service that are deployed to other countries. He stated that
New Hanover County was fortunate to have an employee of her caliber.
Commissioner Pritchett also expressed appreciation to Ms. Neal for working with the students and teaching
them to participate in a project that helps others, particularly during the Christmas season.
Ms. Neal expressed appreciation to the Board for this recognition and stated that the students enjoyed preparing
the care packages and meeting the marines. The project helped the students to understand the need to remember
members of the Armed Services and understand the need to protect our freedom.
A round of applause was given to Ms. Neal.
PRESENTATION ON THE NEW HANOVER COUNTY UNITED WAY CAMPAIGN
Library Director David Paynter, Chairman of the United Way Campaign, reported that individual contributions
from County employees increased by 15% during a difficult economic year with downsizing and no salary increase.
These employees are to be commended for exceeding the County’s goal of $55,000. It was a pleasure to have such
efficient workers and employees who worked together to make this goal become a reality.
On behalf of the Board, Chairman Davis expressed appreciation to Mr. Paynter for chairing the United Way
Campaign and to the 628 employees who cared enough to increase their contributions to exceed the County’s goal.
DISCUSSION AND CONSIDERATION OF STAFFING FOR NEW HANOVER COUNTY JAIL AND PATROL
FACILITY
Deputy County Manager Andrew J. Atkinson presented the following power point presentation regarding the
positions needed for the New Hanover County Jail:
The new Jail capacity is comprised of 648 beds broken down as follows:
General Population384
Intake/Classification 48
Maximum Security 32
Juvenile 44
Female 44
Work Dormitory 40
Work Release 56
Staff assignments were presented with the number of persons per shift for operating the Jail 24 hours a day,
seven days a week.
Area AssignedNumber Per PositionTotal Positions
Housing Areas1560
Work Release 1 4
Intake/Booking Area 416
Control Room 1 4
Transportation 6 6
Other Day Staff 9 9
Relief Staff 2 2
Total Positions101
The 101 positions represent an increase of 34 positions. These positions will be comprised of 33 Detention
Officers and 1 Administrative Support position. This is the first time that Detention Officers have been used instead of
Deputies, which will be less expensive. The cost of the 34 positions for FY 2002-2003 will be $94,591 and for FY 2003-
2004 will be $1,351,505. Two positions have been eliminated and two positions are being transferred from the Jail to
Property Management.
Additional revenue will be generated from a contract with the Federal Marshal Service to house 64 inmates.
Currently the Jail is housing 25 federal inmates at $47 per day per inmate that generates revenue in the amount of
$428,875. Once the 64 inmates are housed, this figure will increase to $1,097,920 which will provide new revenue in
the amount of $669,045 for the next fiscal year.
The estimated operating budget for the current budget year is $7,002,244 and the projected budget for FY 2003-
2004 is $7,741,180. The personnel cost will increase because of the new positions. The food service contract will save
money and the medical service contract will increase because of 24 hour coverage at the Jail. The Health
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 423
Department employees will no longer provide medical care to the Jail. These employees will be offered jobs by the
company before other employees are given jobs. With the new organizational structure at the Health Department, some
of the current employees may be transferred into new positions. The employees at the Sheriff’s Department providing
the food service will also be offered jobs by the company. There will be no out-of-county transports which will save
approximately $100,000 per month.
The cost for electronic monitoring and estimated cost of utilities have been included in the projected cost for
the new Jail. When the holding cells are reconstructed, no new positions will be required and the utilities have been
included in the budget.
The following figures were presented on the net cost of operating the Jail:
FY 2002-2003FY 2003-2004 Percentage Increase
Federal Revenue $ 428,875 $1,097,920156%
for Inmates
Expenditures$7,002,244 $7,741,180 11%
Net Cost $6,573,369 $6,643,260 1%
The increase in the Property Management cost has not been included in the Jail Budget. There will be five new
positions, Trades Supervisor, HVAC position, Plumbing position, Electrical position, and Administrative Support
position. The salaries for FY 2002-2003 will be $41,140. The annual salaries and fringe benefits for FY 2003-2004 will
be $205,933. These positions will be stationed at the Jail in order to properly maintain the new building and try to cut
utility costs.
In closing, Deputy County Manager Atkinson requested the Board to approve 34 positions comprised of 33
Detention Officers with 5 being recruited and hired immediately; 28 hired July 1, 2003; and 1 Administrative Support
position hired immediately with five property management positions being hired by May 27, 2003.
Discussion followed on the number of positions needed to operate the new Jail. Chairman Davis asked if the
number of new positions recommended could be reduced and stated that the increased cost for these positions represents
one cent on the property tax rate.
Deputy County Manager Atkinson responded that he, the Sheriff, and jail consultant with Carter Goble
Associates, Inc., had worked for the past 18 months to determine the number of positions needed to safely open and
operate the new Jail. The net cost for operating the new Jail is projected at only 1% because there will be additional
revenue received for housing federal inmates and expenditures will be reduced by eliminating the need to transport
inmates out of New Hanover County at a cost of approximately $100,000 per month. The hiring of Detention Officers
will also save money because the 5 percent 401K match will not have to be paid, salaries will be 5% less than the entry
salary for a Deputy, no separation allowance for Law Enforcement Officers will have to be paid, and no training will be
required. Seven food service positions have been eliminated at the Sheriff’s Department and two custodial positions will
be transferred to Property Management for cleaning other County buildings.
Vice-Chairman Greer advised that in North Carolina the Sheriff has the ultimate responsibility of housing and
caring for inmates. He asked Sheriff Causey if he felt that the number of positions could be reduced.
Sheriff Causey responded that after reviewing the number of positions, he felt that the Jail could be safely
operated with 26 new positions instead of 34 positions. In a perfect world, the 34 positions could be used; however, the
Training Officer can be changed to a part-time position, volunteers can be used, and shifts can be switched. With the
Administrative Support position and the upgrading of a few positions to supervisory positions, the Jail can be operated
with 26 new positions.
In closing, Sheriff Causey expressed concern about hiring Detention Officers instead of Deputies but stated with
current budget constraints, he was willing to try this concept. He noted that if problems developed, he would request
the Board to approve more Deputy positions.
Chairman Davis expressed appreciation to Sheriff Causey for his honesty.
Sheriff Causey noted that a great deal of money had been spent by the County on the new Jail and stated that
every position at the Sheriff’s Department is a working position with no pencil pushers, including himself. By working
together, the Sheriff’s Department will operate a safe Jail with the maximum number of employees.
Vice-Chairman Greer asked if the 26 positions included the one support position.
Sheriff Causey responded that the support position was not included in the 26 positions because 26 Detention
Officers are needed. The support position and part time training officer will require additional funding.
Vice-Chairman Greer emphasized the importance of the Sheriff coordinating with the County Manager and
Human Resources Director when filling the positions because no one knows when the Jail will be ready for occupancy.
Sheriff Causey requested the Board to move forward with recruiting and hiring the 5 Detention Officers so they
can be trained by the time the Jail is operational.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 424
County Manager O’Neal advised that he would be making periodic reports to the Board about how the Jail is
functioning after it becomes operational. He expressed appreciation to Sheriff Causey for the effort made to stay within
the budget.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve 26 Detention Officers with
5 positions hired as soon as possible; 5 Property Management positions with 1 position hired as soon as possible; 1
Administrative Support position to be hired as soon as possible; and 1 temporary Training position. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF APPLICATIONS BY COASTLINE CARE, INC. AND CAPE MEDICAL TRANSPORT,
INC. FOR A FRANCHISE TO PROVIDE CONVALESCENT AMBULANCE TRANSPORT IN NEW
HANOVER COUNTY
Chairman Davis advised that a letter dated December 13, 2003, had been received from Mr. Stephen Culbreth,
the Attorney representing Cape Medical Transport, Inc., requesting the Board to continue this item until the next
meeting because he was finishing a Superior Court Criminal Trial and could not attend this meeting.
Chairman Davis requested Mr. John Coble, the attorney representing the New Hanover Regional Medical
Center, to speak on this request.
Attorney John L. Coble, advised that the application before the Board is the culmination of a lawsuit filed by
Cape Medical Transport, Inc. in New Hanover County Superior Court regarding the lack of a franchise. He noted that
he was not concerned about the case being continued; however, the case has been pending for a while with the lawsuit
concluded in court several months ago. He advised that it was his understanding that Cape Medical Transport, Inc. has
been operating without a franchise within New Hanover County.
Chairman Davis asked County Attorney Copley if Cape Medical Transport, Inc. was operating without a
franchise in New Hanover County.
County Attorney Copley responded that Cape Medical Transport, Inc. was operating without a franchise in New
Hanover County and noted that the company was aware of this fact. The County filed a lawsuit in court concerning this
violation and Cape Medical Transport, Inc. countered the offer by saying that New Hanover County has denied them a
franchise. This lawsuit is still pending in court and the Judge decided to allow Cape Medical Transport, Inc. and
Coastline Care, Inc. to appear before the Board of County Commissioners to determine if a franchise should be granted.
Chairman Davis asked whether the Board hearing the request by Coastline Care, Inc. would have any bearing
on the request by Cape Medical Transport, Inc.
County Attorney Copley responded that each company was a separate entity and it would not make a difference
when the franchise request was heard.
Chairman Davis requested direction from the Board and advised that he had a problem with granting a
continuance to a company that is improperly operating within the County without a franchise. He also noted that since
the attorney could not attend the meeting today, it is understandable why the continuance was requested; however, if the
Board is inclined to grant the continuance, it should done for a short period of time.
Commissioner Pritchett expressed concern for the late notice and stated that the letter was not faxed to the
County Manager’s office until 4:48 p.m. on Friday, December 13, 2002.
Attorney John Coble informed the Board that Attorney Stephen Culbreth did not know until after 4:00 p.m. on
Friday, December 13, 2002, that he was scheduled to appear in Superior Court today. He advised that regardless of his
serving as the attorney for New Hanover Regional Medical Center, he wanted to be sure that Attorney Culbreth had an
opportunity to be heard by the Board of County Commissioners.
Commissioner Pritchett expressed appreciation to Mr. Coble for the explanation and stated that she was not
aware of this situation.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to continue consideration of a
franchise application submitted by Cape Medical Transport, Inc. until January 6, 2003. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis requested the County Attorney and Clerk to the Board to notify Attorney Culbreth that this
item had been continued until January 6, 2003.
CONSIDERATION OF REQUEST BY COASTLINE CARE, INC. FOR A FRANCHISE TO PROVIDE NON-
EMERGENCY AMBULANCE TRANSPORT IN NEW HANOVER COUNTY
Chairman Davis informed the public that New Hanover County has a contract with New Hanover Regional
Medical Center to provide emergency medical transportation within the County. The County also has an exclusive
franchise with New Hanover Regional Medical Center to provide non-emergency ambulance transport in the County.
Coastline Care, Inc. has requested the Board of County Commissioners to consider an application to grant a franchise
to its company to provide non-emergency ambulance transport in New Hanover County.
Chairman Davis advised that this was not a Public Hearing and stated in considering the application, the Board
of County Commissioners would first need to hear from County Staff as to whether the materials submitted by the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 425
applicant appear to comply with the minimum requirements set forth in the New Hanover County Code. The applicant
will be given an opportunity to make a presentation in support of the application and finally there will be an opportunity
for any interested parties to offer comments. The Board may ask questions at any time. No time limits have been set;
however, all speakers are requested to be as brief and concise as possible.
Chairman Davis requested Staff to present its evaluation of the application submitted by Coastline Care.
Deputy County Manager Andrew J. Atkinson reported that in order for a franchise application to be considered,
it must meet the following eight (8) requirements as outlined in the New Hanover County Code under Division 2.
Franchise - Section 20-51:
1. The name and address of the applicant and of the owner of the ambulance or rescue vehicle.
This information provided by Coastline Care, Inc. satisfied this requirement.
2. The trade or other fictitious name, if any, under which the applicant does business or proposes to do business,
along with a certified copy of an assumed Name Certificate stating such name or articles of incorporation
stating such name.
This information provided by Coastline Care, Inc. satisfied this requirement.
3. A resume of the training and experience of the applicant in the transportation and care of patients.
The applicant’s response was as follows: Coastline Care, Inc. is solely owned and operated by Drs. Janet
Johnson-Hunter and Thomas T. Hunter. Dr. Johnson-Hunter provides day-to-day management of the company.
All of the employees are North Carolina Certified Emergency Medical Technicians and/or Medical responders.
This response by Coastline Care, Inc. satisfied this requirement.
4. A description and copy of the State Certification for each ambulance or rescue vehicle owned and operated by
the applicant.
This information provided by Coastline Care, Inc. satisfied this requirement.
5. The location and description of the place or places from which it is intended to operate.
This information provided by Coastline Care, Inc. satisfied this requirement.
6. Audited financial statement of the applicant, such financial statement to be in such form and in such details as
may be required by the County.
Sufficient information was provided by Coastline Care, Inc., and the County Finance Director will present some
comments on the review of the financial statements.
7. A description of the applicant’s capability to provide 24-hour coverage, seven days per week for the district
covered by the franchise applied for and an accurate estimate of the minimum and maximum times for a
response to calls within such district.
The hospital would be more able to evaluate the response of the applicant to this requirement, but Staff found
it to be complete and satisfactory setting forth specific proposed shifts designed to provide 24-hour service and
15 to 20 minute response times.
8. Any information the County shall deem reasonably necessary for a fair determination of the capability of the
applicant to provide ambulance service in the County in accordance with the requirements of State laws and
the provision of this Article.
The applicant’s insurance and State license information was complete and satisfied the requirement.
Other Comments: While Coastline Care, Inc. filed a lawsuit against New Hanover County for denying the
company a franchise administratively in the past, the company has at least refrained from operating without
a franchise and appears to be a law abiding company. The Finance Director’s concerns about the company’s
financial stability will be discussed at this time.
Finance Director Bruce Shell reported that he was not able to obtain audited financial statements; however, a
review was made of the 2001 corporate tax returns for Coastline Care, Inc., and he deemed it sufficient since the
company was attesting its financial position of operations to the Internal Revenue Service.
After a lengthy discussion on whether the information presented by an applicant was public information,
Chairman Davis suggested providing a specific provision on the franchise application that informs the applicant that
all information submitted is public information and can be disclosed.
Vice-Chairman Greer expressed concern for the County Code requiring an audited financial statement and
stated that many small companies cannot afford to hire auditors to prepare financial documents. He also asked if this
type of information about a private company should be discussed at a public meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 426
In further discussion of the information submitted by the applicant being public information, Chairman Davis
suggested providing a specific provision on the franchise application that informs the applicant that all information
received is public information and can be disclosed.
Finance Director Shell continued his financial presentation by saying that the corporate tax return for 2001
showed the results of the company operation and the balance sheet reflected the assets, liabilities, and retained earnings.
After reviewing this information and financial statements, there is concern about Coastline Care, Inc. being a Sub-
Chapter S Corporation which means that the strength of the company is based on the stockholders. In this particular
case, it places a heavy burden on one stockholder. Finance Director Shell said as the Certified Public Accountant
representing New Hanover County, he did have some concerns about the financial position of the company.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis stated that it was his understanding that New Hanover County has an
exclusive franchise contract agreement with New Hanover Regional Medical Center for non-emergency medical care.
When this agreement was approved with the Medical Center, there was an exception granted at that time to Medical
Transportation Services, Inc.(MTS) because this company was already providing services for New Hanover County.
MTS was grandfathered in and operated until the company went out of business; therefore, granting a franchise would
be in conflict with the exclusive franchise agreement with New Hanover Regional Medical Center.
County Attorney Copley advised that she and Attorney John Coble had discussed this dilemma. When the
ambulance service was transferred over to the Medical Center, the hospital felt it should decide if there was sufficient
demand to have an additional ambulance service other than MTS. The Board of County Commissioners at that time
decided to allow the Medical Center to make that decision and granted the hospital an exclusive franchise. MTS was
doing a good job and there was a need for this service at that time; however, when MTS went out of business, the
Medical Center was able to provide the non-emergency ambulance service.
Commissioner Caster advised that the reason MTS went out of business was because Cape Medical Transport,
Inc. came in and began operating without a franchise as an non-emergency ambulance service.
Commissioner Pritchett asked if the agreement with the Medical Center was changed to provide both emergency
and non-emergency services when MTS went out of business.
Deputy County Manager Atkinson advised that the franchise agreement with New Hanover Regional Medical
Center was for emergency and non-emergency services. An agreement was reached to allow MTS to be grandfathered
in to operate separately from the exclusive contract held by the Medical Center.
Assistant County Attorney Holt Moore advised that the criteria to follow in considering the franchise is outlined
in the County Code which says that a franchise, exclusive or non-exclusive, may be granted if the County finds that all
licenses are in order and that the public convenience and necessity require the proposed ambulance franchise. The Board
must determine if the information presented by Coastline Care, Inc. does meet the public convenience and necessity
required to issue a franchise.
Commissioner Boseman advised that she could not see how the County could grant a franchise when the County
has an exclusive agreement with the Medical Center and a letter from Dr. Atkinson saying the Medical Center is ready
to take over all ambulance needs.
Chairman Davis requested the applicant to step forward and state his name.
Dr. Thomas Hunter and Dr. Janet Johnson-Hunter stated that they were the majority owners of Coastline Coast,
Inc. Dr. Johnson-Hunter advised that while listening to the County’s Certified Public Accountant, she was surprised to
hear there was any deficiency in the application because she has been in contact with Assistant County Attorney Holt
Moore on a weekly basis for the last two months. If any additional information was needed, it could have been provided.
A 1999-2002 Audit received from the company’s accountant was provided to Mr. Moore. Monthly statements from the
accounting firm received through September 2002 were included in the information presented.
Dr. Johnson-Hunter advised that the company has suffered some financial problems primarily because she and
Dr. Hunter were absentee owners of the company. This has changed and both she and Dr. Hunter are now at the
company on a daily basis. The financials of the company show that Coastline Care, Inc. is in a better financial condition
and if the records are going to be made public, she would like to include additional financial records.
Chairman Davis asked Dr. Johnson-Hunter if she was aware that the financial records were subject to be
reviewed.
Dr. Johnson-Hunter responded that she was aware of this fact; however, if the records are going to be reviewed,
the name of the accounting firm and specific Certified Public Accountant were provided to Assistant County Attorney
Holt Moore and it would have been better for the County’s Certified Public Accountant to discuss any financial concerns
with the company’s Certified Public Account who prepared the financial records. She expressed concern that the County
did not alert the company about the financial concerns prior to the meeting.
Chairman Davis asked Dr. Johnson-Hunter if she had any financial documents she would like to present.
Dr. Johnson-Hunter responded that she would like to present one document for the public record and stated that
the company filed for bankruptcy in December 2001 and was out of bankruptcy as of November 7, 2002. She requested
that the final decree of the bankruptcy be made a part of the public record.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 427
Chairman Davis informed Dr. Johnson-Hunter that if she would present the final decree waiving any
confidentially, he would be glad to accept the document.
Dr. Johnson-Hunter presented the final decree for the record and stated that she did not have a problem with
the financial records being public information.
In closing, Dr. Johnson-Hunter stated that Coastline Care, Inc. had been in business for six years and the
company has provided transports in and out of New Hanover County. During this time, no problems have been
experienced with New Hanover County or New Hanover Regional Medical Center; therefore, she finds it incredulous
that the County would not allow the addition of a small convalescent ambulance transport company to operate in New
Hanover County.
Dr. Hunter advised that a significant number of calls are received from people living in New Hanover County
who want the company to transport them to the doctor’s office, physical therapy unit or some other medical facility. The
people are informed that Coastline Care, Inc. is not allowed to provide service in New Hanover County. The company
was initially started with a pager and cell phone. The company now has 55 employees and 18 ambulances that provide
services to people from Brunswick County, Pender County, Duplin County, and Onslow County who need services in
New Hanover County. It is difficult to believe that a county with a population of more than 200,000 does not need this
additional type of ambulance service.
Chairman Davis asked Dr. Hunter if he felt the needs are being met through the services provided by New
Hanover Regional Medical Center.
Dr. Hunter responded that needs are not being met which is why Cape Medical Transport, Inc. is operating
without permission from New Hanover County. Coastline Care, Inc. tries to operate by the law and this company can
provide the badly needed non-emergency ambulance service to the County.
Commissioner Caster asked where the Coastline Care, Inc. corporate office was located.
Dr. Johnson-Hunter responded that the corporate office was located in Magnolia, N. C. in Duplin County.
Satellite offices are located in all counties that are serviced by the company.
Vice-Chairman Greer asked if the franchise prohibits a company of this type from bringing patients in or
carrying patients out of hospitals in the County.
Assistant County Attorney Moore responded that the franchise only pertains to pick-ups that begin and end in
New Hanover County; therefore, Coastline Care, Inc. is allowed to pick up a person in Brunswick and bring them into
New Hanover County and carry the patient back to Brunswick County. He also apologized to Dr. Hunter and Dr.
Johnson-Hunter for their feeling that he had not been thorough in providing the needed information. He advised that
the application was properly completed; however, as mentioned earlier, the Board must determine if the non-emergency
ambulance service is needed.
County Attorney Copley advised that public convenience and public necessity must be considered by the Board
when rendering a decision. She stated that historically, New Hanover County has experienced a problem with having
more than one provider. The revenue for the service is dependent upon Medicare and Medicaid payments. The Board
should be sure that Coastline Care, Inc. can provide the service without a subsidy and that the company can make a profit
when New Hanover County Regional Medical Center will continue to provide emergency and non-emergency services.
Dr. Hunter informed the Board that Coastline Care, Inc. had operated its business without a subsidy since the
beginning of the business. The company operates in counties where the Medicare rate is much higher than in New
Hanover County. The business is operated in a lean and mean fashion and still provides a good service. He also noted
that the company provides services to Carteret, Craven, Lenior and Beaufort counties.
Chairman Davis asked Dr. Hunter how long the company had been in business.
Dr. Hunter responded the company had been in business for six years and has gradually expanded services in
the counties referenced. Approximately 85 percent of services are located in the southeastern part of the state.
Chairman Davis asked if an interested party would like to comment.
Attorney John Coble advised that Mr. Ed Woodward, Chief of the New Hanover Regional Medical Center EMS
Department was present and would be glad to answer questions. He reported that three issues must be addressed by the
Board of County Commissioners: (1) the need for the services; (2) the EMS Division of New Hanover Regional Medical
Center has been named the first model system within the State of North Carolina; and (3) any franchisee coming into
the County will fall into the model system and must keep up with model requirements in the provision of the emergency
service. If a franchisee fails to meet these requirements, the entire model system status will be withdrawn from the
Medical Center.
Attorney Coble also advised that when dealing with the need, Dr. Hunter is relying on the fact that Cape
Medical Transport, Inc. has provided and continues to provide services within New Hanover County. In the litigation
with Cape Medical Transport, Inc., it was found that this company has certain arrangements with specific rest homes
to provide transport services. This is not a situation where the company is providing at-large medical transports. Under
these types of arrangements, it is difficult to gauge what the at-large public needs and requires. It is critical to
understand that the services provided by Cape Medical Transports, Inc. are not an indication of the public needs.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 428
In closing, Attorney Coble noted that if the County decides to invite another franchisee as another non-
emergency service, the Board should be aware that a non-emergency service is a money making proposition; however,
providing emergency services is not profitable. If the Board decides to issue another franchise, this process should be
conducted through the open bid process to obtain the most responsible and qualified provider.
Commissioner Caster requested Mr. Ed Woodward to comment on the meaning of the State model status to New
Hanover Regional Medical Center.
Mr. Ed Woodward, Chief of Emergency Services for New Hanover Regional Medical Center, reported that in
1998, the Medical Center received a franchise from New Hanover County to provide five levels of service: emergency,
non-emergency, critical care, and the options of air and water ambulance services. When MTS went out of business,
the non-emergency transport service at the Medical Center was expanded to five ambulances per day devoted to non-
emergency transports. The department is committed to providing these services for the County. In March 2002, the
department was designated as the Emergency Services System Administrator for New Hanover County. In November
2002, the department was designated as the first model system in the State. This system is involved with standards for
policies, procedures, treatment protocols, transport protocols, response time criteria, and other factors.
In New Hanover County, the model system is comprised of any agency involved in emergency response or
ambulance services including volunteer fire services, paid City and County fire services, private ambulance services such
as General Electric and COSTA, and the public safety responders from the three beach communities. New Hanover
Regional Medical Center is considered the lead agency because the EMS Division provides a majority of the emergency
ambulance and critical care transport services.
Chairman Davis asked Chief Woodward if the Medical Center had a problem with meeting the needs of the
community for non-emergency medical transports.
Chief Woodward responded that the EMS Division was not made aware of any need and stated if there is a need,
the department would meet that need.
Dr. Hunter informed the Board that Coastline Care, Inc. could meet and probably exceed the criteria of the
model status program. The company provides top quality services and can meet the standards of the County. He also
noted that Coastline Care, Inc. is not perceiving the need based only upon the service of another ambulance company.
The need is based on the number of calls received according to the dispatch service. In a County with this size
population, there should be enough room for another company to provide non-emergency ambulance services. The major
goal is to provide a non-emergency ambulance service to people in need of the service.
Hearing no further remarks, Chairman Davis closed the comment period.
Chairman Davis advised that when the Board votes on issuing or denying the franchise the reason(s) for
approving or denying the request must be stated. If the franchise is approved, a second reading will be required for final
adoption of the franchise ordinance.
Deputy County Manager Atkinson advised that a letter had been received from Dr. William K. Atkinson,
President and CEO of New Hanover Regional Medical Center, regarding the fact that the Medical Center was meeting
the needs of the community.
Chairman Davis requested the Clerk to the Board to incorporate the letter and the financial data presented by
Coastline Care, Inc. as part of the record.
Motion:
After commenting on turning this service over to the Medical Center because of the revenue shortfalls
experienced when the County was operating the service, Commissioner Caster MOVED, SECONDED by Vice-Chairman
Greer to deny the franchise application submitted by Coastline Care, Inc. based upon the public convenience and
necessity not requiring the proposed ambulance service pursuant to Section 20-52 (D)(1) of the New Hanover County
Code.
Commissioner Caster informed Dr. Hunter and Dr. Johnson-Hunter that his motion was not casting any
aspersion on the operation of Coastline Care, Inc. because it is obvious that the company has the ability to provide this
service.
Commissioner Pritchett advised that she was not comfortable with the Medical Center having the exclusive
franchise, but stated with the agreement in place, it would be a conflict for the Board of County Commissioners to grant
the franchise. She requested the owners of Coastline Care, Inc. to meet with Assistant County Manager Patricia A.
Melvin to see if some affiliation could be developed with the New Hanover County Human Services Transportation
System to provide transportation for those unable to use public transportation.
Hearing no further comments, Chairman Davis called for a vote on the motion to deny the franchise based upon
the public convenience and necessity not requiring the proposed ambulance service. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
On behalf of the Board, Chairman Davis expressed appreciation to Dr. Hunter and Dr. Johnson-Hunter for
presenting the proposal and stated that he hoped they would meet with Assistant County Manager Melvin to see if any
services could be expanded in the New Hanover Human Services Transportation System.
BREAK
Chairman Davis called a break from 11:10 a.m. until 11:20 a.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 429
Chairman Davis advised that before considering Item 6, a gentleman from Carolina Beach would like to
comment on the ordinance banning camping and open fires on the north end of Carolina Beach because he is late for
work. He stated that since the item is being considered at a later time than scheduled on the agenda, he would allow
him to speak.
Mr. Bobby McConville, a resident of Carolina Beach, reported that he was concerned that the people from
Carolina Beach were not aware that the ordinance banning camping and open fires at the north end of Carolina Beach
would be heard at this meeting. He requested the Board to continue this item until the next night meeting so the public
will have an opportunity speak.
Chairman Davis informed Mr. McConville that proper notice was given for the first reading of the ordinance
and stated that in order for the ordinance to be approved, it would require a unanimous vote by the Board of County
Commissioners. Chairman Davis stated that he planned to vote in opposition to the ordinance which will require a
second reading on January 6, 2003. If the Board should vote against the ordinance, no further action would be taken.
Mr. McConville expressed appreciation to Chairman Davis for allowing him to speak and for voting in
opposition to the ordinance which will provide an opportunity for the residents of the beach to attend the January 6, 2003
Board meeting and provide public input.
CONSIDERATION OF ACTION ITEMS FOR COMPLIANCE WITH PERMIT CONDITIONS FOR THE
MASON INLET RELOCATION PROJECT
Chairman Davis requested Assistant County Manager Dave Weaver to make the presentation on items needed
to comply with permit conditions for the Mason Inlet Relocation project.
Assistant County Manager Dave Weaver reported at the November 7, 2002 Work Session regarding the Mason
Inlet Relocation project, the Board directed Staff to restructure the Management Plan for the north end of Shell Island
and to review the permit condition about purchasing the remaining lots on Masonboro Island. He presented the
following report:
Management of the North End of Shell Island: The original plan was to build a fence that would restrict public access
along the sound side of Shell Island. After discussion with the Corps of Engineers in an effort to welcome public access
and at the same time protect the bird habitat on Shell Island during the nesting season, a program has been developed
with the following features:
•A designated trail to encourage public access along the oceanfront and inlet.
•A controlled area in the central core of the area, which already exists and is protected by signage and
rope fences for nesting.
•Erect signs at the entrance to the trail that will welcome and educate the public on bird life and the
need to minimize disturbance to nesting and foraging birds.
•Formal County designation of the area as the Mason Inlet Shorebird Management Area.
•Cooperation with the Coastal Federation or other groups for public education and management of this
area, including hiring temporary part-time staff (college interns) to help in public education and
friendly patrol of the area. Staff costs, including support would not exceed $35,000 per year. It is
hoped that a volunteer base can be developed to reduce the need for paid staffing after the first year.
In closing, Assistant County Manager Weaver advised that an approach of combining public access and
education has worked well with protecting turtles along the North Carolina coast.
Commissioner Pritchett asked if the trail could be delineated by some type of sea grass so it could become an
aisle to encourage people not to deviate from the path.
Assistant County Manager Weaver responded that Staff could look into some type of sea grass or other options
to encourage people to stay on the path.
Vice-Chairman Greer suggesting recruiting volunteers to patrol the area in lieu of paying people to patrol this
end of Shell Island.
Assistant County Manager Weaver responded that he felt volunteers could be recruited but stated that time
would be needed to develop a strong volunteer program; therefore, college interns may have to be hired for the first year
to patrol the area.
In discussion of the recommendations made, Chairman Davis asked if the Corps of Engineers was in favor of
these suggestions.
Assistant County Manager Weaver responded that he felt the Corps of Engineers would support the
recommendations. If Staff is directed to follow these options, a letter will be written to the Corps of Engineers informing
them of the Board’s action.
Chairman Davis recognized Ms. Andrea Surratt, Town Manager of Wrightsville Beach, and asked if she would
like to comment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 430
Town Manager Surratt informed the Board that the recommendations from Assistant County Manager Weaver
had been forwarded to the Board of Aldermen and no negative comments have been received; however, no official action
has been taken by the Aldermen.
Chairman Davis asked Mr. Ted Wilgis, a representative of the N. C. Coastal Federation, if the recommendations
presented would address the concerns of the Coastal Federation.
Mr. Wilgis advised that education is a major part of the program, but strict enforcement will also be required
to protect bird habitats. He noted that additional measures are needed to discourage people from using the loop trail to
avoid further disturbance of bird habitat and signs should be erected to prevent boats from coming up on the shoals.
Assistant County Manager Weaver advised that signs will be posted at the end of the designated trail in an effort
to encourage people to turn around and go back instead of using the loop on the sound side.
Chairman Davis suggested posting signs that say, “Please Do Not Use the Sound Side to Avoid Disturbance of
Nesting Birds.” This type of sign will alert the people and inform them why they should walk along the trail instead of
the sound side.
Assistant County Manager Weaver responded that signs of this type could be posted; however, when low tide
occurs, people will not see the signs. It is important to have signs at the beginning and end of the designated trail and
to have the presence of at least one patrol person to assist the public and prevent encroachment on restricted habitat
areas.
In discussion of eliminating funding in the amount of $35,000 to hire temporary staff to educate the public and
patrol the area, Chairman Pritchett advised that she would support the use of volunteers; however, if a volunteer program
cannot be established, Staff should approach the Board about funding to hire temporary people.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to direct Staff to implement the
recommendations and use volunteers instead of paid temporary persons to assist with patrolling and educating the public
about the management of the north end of Shell Island. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Purchase of Remaining Private Property on Masonboro Island: Assistant County Manager Weaver reported that the
permit from the Corps of Engineers for the Mason Inlet Relocation Project requires the County to comply with the
Biological Opinion written by the U. S. Fish and Wildlife Service. This opinion included a requirement for the County
to purchase the remaining tracts of private property on Masonboro Island. At the November 7, 2002, Work Session, Staff
was directed not to use County funding or assessments to pay for the property. Staff is recommending that the following
phase be added to the condition at the end of the sentence in the Biological Opinion:
The remaining tracts of private property on Masonboro Island must be purchased and/or placed into a
permanent conservation status prior to the initiation of any maintenance dredging activities or within three
years of the start of the initial construction operations, whichever is earlier, provided that State or Federal
funding will be available for the purchase.
Assistant County Manager Weaver said the addition of this phrase will reflect that the County agreed to the
original condition believing that State funding would be available to purchase the remaining tracts of private property
on Masonboro Island.
Chairman Davis asked if the Corps of Engineers was in favor of the additional language.
Assistant County Manager Weaver responded that the Corps of Engineers appeared to be in favor of the
additional language, but this condition was in the Biological Opinion that was written by the U. S. Fish and Wildlife
Service. Officials from this agency will have to be contacted if the recommendation is approved by the Board.
Commissioner Pritchett advised that many of the private property owners on Masonboro Island do not want to
sell their land, which means that the County would have to condemn the land. The condemnation process is not a suitable
way for the County to obtain the property. In the original plan, approximately $400,000 had been set aside in escrow
to purchase the property. She asked if money was still available.
Assistant County Manager Weaver explained that originally, the County was told that State funding was
available from two different funding sources to purchase the remaining lots on Masonboro Island; however, with budget
shortfalls, no funding became available. Staff then recommended setting aside funding from the Room Occupancy Tax
(ROT), but the Board decided at its November 7, 2002 Work Session not to use these funds for that purpose. Staff is not
in favor of condemning the properties or paying more than the market value.
After discussion of the difficulty involved with obtaining titles to the remaining lots on Masonboro Island and
the possibility of a jury awarding a large sum of money to a property owner during a condemnation lawsuit, Chairman
Davis advised that condemnation was not a viable option.
Motion:
Commissioner Caster MOVED to add the additional language regarding the purchase of the lots on Masonboro
Island to the conditions of the Biological Opinion subject to State or Federal funding being available for the purchase.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 431
Vice-Chairman Greer requested Commissioner Caster to amend the motion to include a purchase price up to
$400,000.
Amended Motion:
Commissioner Caster MOVED, SECONDED by Chairman Davis, to add the additional language
regarding the purchase of the lots on Masonboro Island to the conditions of the Biological Opinion subject to State or
Federal funding being available for the purchase up to $400,000.
Commissioner Pritchett expressed concern for State and Federal funding not becoming available and asked if
this would delay the maintenance dredging of Mason Inlet.
Assistant County Manager Weaver responded that it depends on whether the U. S. Fish and Wildlife Service
will accept the additional language.
Commissioner Caster noted that if the U. S. Fish and Wildlife Service does not accept the additional language,
the County will have to consider another option.
After hearing no further discussion, Chairman Davis called for a vote on the motion. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
FIRST READING OF ORDINANCE BANNING CAMPING AND OPEN FIRES AT CAROLINA BEACH
NORTH END, AND ORDINANCE ESTABLISHING A DECAL PROGRAM FOR CAROLINA BEACH NORTH
END
Chairman Davis requested Assistant County Manager Dave Weaver to make a presentation on the ordinance
to ban camping and open fires at the north end of Carolina Beach.
Assistant County Manager Weaver informed the Board that the ordinance being considered has been amended
to apply only to the unincorporated end of Wrightsville Beach and the unincorporated area of Carolina Beach/Pleasure
Island. He reported that when the Mason Inlet Relocation Project was approved, the various resource agencies,
particularly the U. S. Fish and Wildlife Agency, felt that the relocation could create negative impacts on endangered
species, in particular the piping plover. In an effort to mitigate this impact, the U. S. Fish and Wildlife Agency included
the north end of Carolina Beach and gave the County two options: (1) implementation of monitoring program at a cost
of $30,000 per year; or (2) develop a management plan for the north end of Carolina Beach. Since no piping plovers
have been spotted and only one unsuccessful turtle nest was found, it would not be beneficial to implement a monitoring
program. Development of a management plan would assist with protecting the bird habitats and turtle nesting areas.
The County has already restricted all terrain vehicles from this end of the beach. If an ordinance is adopted to ban
camping and open fires at the north end of Carolina Beach, it would address public safety issues and better protect the
habitat areas.
Chairman Davis asked if problems were being experienced with camping and open fires at the north end of
Carolina Beach.
Sergeant John Murray, New Hanover County Sheriff’s Department, advised that since the Ft. Fisher State Park
has prohibited alcoholic beverages, camping, and open fires, the number of people coming to the north end of Carolina
Beach has doubled. Encroachment is occurring on the sand dunes because of the increased number of tents. If it rains,
tents are left standing and blow through the dune area, burnt firewood is left and litter has become a nuisance. There
is too much consumption of alcohol, fights occur, obscene language is used, and these and other actions taken have
become a public safety issue. If ordinances are not adopted to allow better enforcement of this area, some one is going
to be killed on this end of the beach. Adoption of the proposed ordinances will greatly assist law enforcement officers
to address the public safety issues and protect the sand dunes and natural habitat areas.
Chairman Davis asked if there was another public access area where people could camp.
Sergeant Murray responded that camping is permitted at the Carolina Beach State Park.
A lengthy discussion was held on the damage to the dune areas. Commissioner Pritchett suggested posting no
trespassing signs on private properties and erecting a post and rope fence from the ocean side of the dune to encourage
people to walk in the sand.
Sergeant Murray responded that he felt posting no trespassing signs and placing a post and rope fence would
be helpful with enforcement.
Chairman Davis asked if any member of the Freeman family would like to speak.
Mr. Nathan Hill, a heir of the Freeman property, encouraged the Board to post no trespassing signs. He advised
that people are camping on private property at this end of the beach because the property owners have no enforcement
rights. He encouraged the Board to adopt the ordinances.
Hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED to restrict access to the area between the water line and the dunes and post
no trespassing signs.
Assistant County Manager Weaver advised that the area between the toe of the frontal dunes and water line
would allow for camping and open fires, but the area west of the toe of the frontal dunes would be restricted to access
except for property owners or persons given written permission to access private property.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 432
Vice-Chairman Greer advised that any signs posted would be on private property because the County does not
own any property at the north end of Carolina Beach.
Deputy County Attorney Burpeau advised that the Board is now discussing a policy to assist the private property
owners to keep unauthorized persons from crossing the dunes to private properties by posting no trespassing signs in a
public trust area. Since the private property owners have indicated a desire to prevent trespassing, the Board has
authority to adopt a policy to prevent people from trespassing on private property. The Board can direct the Sheriff’s
Department to provide active enforcement of no trespassing signs and allow the private property owners to post no
trespassing signs on their property. Adoption of an ordinance is not necessary.
Chairman Davis advised that the motion on the floor will deal only with land owned by private individuals.
The Board is not dealing with any issues beyond a property owner’s boundary line to the water.
Amended Motion:
After further discussion, Commissioner Pritchett AMENDED THE MOTION to limit public access
to an area between the water line and the toe of the frontal dunes at the north end of Carolina Beach.
Vice-Chairman Greer advised that he did not feel the motion on the floor would make any difference.
Sergeant Murray advised that he was totally confused and stated after enforcing the regulations at the north end
of Carolina Beach for 15 years, he was aware of the problems occurring on this end of the beach. Camping and open
fires need to be stopped and the County needs to have authority to enforce regulations.
After further discussion, Commissioner Pritchett WITHDREW THE MOTION.
Vice-Chairman Greer stated that he could not support an ordinance to ban camping because many families enjoy
spending a weekend camping out and enjoying the beach without having to spend a great deal of money.
Ms. Jeannie Mintz, a property owner on the north end of Carolina Beach, spoke on the need to adopt an
ordinance to control the crazy people who are using the northern end of the beach that drive under the influence of
alcohol, urinate in public, leave debris behind, and have no respect for this environmentally sensitive area. She urged
the Board to adopt ordinances that will prohibit camping and open fire and allow law enforcement officers to control
this end of the beach.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Caster, to adopt an ordinance banning camping and
open fires including penalties. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition.
Since the ordinance did not receive a unanimous vote, a second reading will be held on January 6, 2003.
Chairman Davis requested Assistant County Manager Weaver to explain the decal program.
Assistant County Manager Weaver reported that the purpose of the decal program is to eliminate off-road
vehicle driving on the north end of Carolina beach primarily during turtle nesting season. The program would be
implemented by issuing a decal to entitle a person to operate an off-road vehicle for one year at a cost of $20 to County
property owners or residents under 65 years of age. Handicapped persons and County property owners or residents over
65 would not be charged a fee. All non-county residents would be charged $50 per year, and persons visiting the County
would be charged $20 for one week. There would be no limit on the number of permits and driving would not be
restricted on a seasonal basis.
Preliminary discussions have been held with the Town of Carolina Beach about issuing the decals at the
Visitors Center. If this is not satisfactory, Staff will work with local merchants to sell decals, or the decals can be sold
at a County location.
Chairman Davis asked whether it would be necessary to implement a decal program if the ordinance is adopted
to prohibit camping and open fires.
Sergeant Murray advised that issuance of decals would be helpful to law enforcement officers because they
would know the names of persons creating the problems.
Chairman Davis asked if the Board was in favor of implementing a decal program.
Commissioner Boseman, Commissioner Caster, and Vice-Chairman Greer spoke in opposition to the decal
program.
Commissioner Pritchett suggesting trying some other measures before considering this decal program.
After further discussion, the Board agreed to continue this item until a final decision is made on the proposed
camping and open fire ordinance.
MEETING RECESSED FOR LUNCH
Chairman Davis recessed the meeting at 1:10 p.m until 1:40 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY SOUND DEVELOPMENT LLC TO AMEND SECTION
50.5 OF THE PERMITTED USE TABLE OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO
PERMIT SEPTIC TANK VACUUM SERVICES IN THE I-2 HEAVY INDUSTRIAL DISTRICT (A-323, 11/02)
Chairman Davis opened the Public Hearing and announced that 15 minutes would be allowed to receive
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 433
comments from both sides, persons in favor or opposed to the rezoning request. He requested all parties to avoid
redundancy if at all possible and to adhere to the time frame.
Planning Director Dexter Hayes reported that the applicant owns property on Highway 421 that is zoned I-2
Heavy Industrial. He has a client who operates a portable toilet business which includes storage of the waste associated
with the business. The waste is temporarily stored in a tank before it is transported to a treatment facility. The applicant
is requesting to amend Section 50.5 of the Permitted Use Table to allow septic tank vacuum services in the I-2 Heavy
Industrial District. Septic tank vacuum services are permitted within the B-2 Highway Business District and the I-1
Light Industrial District. When the request was heard by the Planning Board in November, the Planning Board voted
6 to 0 to recommend approval and Staff also recommends approval of the text amendment.
Chairman Davis asked if the petitioner would like to speak.
Hearing no comments from the petitioner, Chairman Davis asked if anyone from the audience would like to
speak either in favor of or in opposition to the proposed text amendment.
Hearing no comments, Chairman Davis closed the Public Hearing.
After hearing no comments from the Board, Chairman Davis called for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve amending the Permitted
Use Table of the New Hanover County Zoning Ordinance to allow “Septic Tank Vacuum Services” in the I-2 Heavy
Industrial District. Upon vote the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 4.2.
PUBLIC HEARING TO CONSIDER A REQUEST BY PLANNING STAFF TO AMEND SECTION 50.5 OF
THE PERMITTED USE TABLE OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO PERMIT
SMALL PANEL ANTENNAS ON EXISTING STRUCTURES BY RIGHT(A-322, 10/02)
Chairman Davis opened the Public Hearing and announced that 15 minutes would be allowed to receive
comments from both sides, persons in favor and opposed to the rezoning request. He requested all parties to avoid
redundancy if at all possible and to adhere to the time frame.
Planning Director Dexter Hayes reported that PCS and Cellular communications services continue to increase
as do the number of sites and coverage areas. PCS or other low power services do not need great height; consequently,
many of these antennas are being co-located on existing structures such as buildings, water tanks, towers, poles, church
steeples or signs.
Most of the cellular and PCS providers utilize "sector" type antennas that are approximately four to five fee in
height and can be attached to different kinds of structures. Staff recommends that the Table of Permitted Uses be
amended to allow cellular and PCS antennas that are five feet or less in height to be located on any existing structure.
At the November 7, 2002 meeting of the Planning Board, discussion was held on various scenarios where PCS
antennas might be undesirable or have a negative aesthetic impact. The Planning Board recommended approval with
a change in the amendment to read as follows:
Cellular and PCS antennas attached to existing structures shall not add more than 6 feet to the overall height
of a structure
Chairman Davis asked if anyone present would like to speak in favor of or in opposition to the proposed
amendment.
Hearing no comments, Chairman Davis closed the Public Hearing.
Vice-Chairman Greer asked if the height increase would require lighting on a tower.
Planning Director Hayes responded that he could not see any lighting being required because these antennas
are so low in height.
Commissioner Pritchett requested an explanation of how a request to co-locate an antenna on an existing
structure would be handled by the Planning Staff.
Planning Director Hayes explained that with proper permitting through the Zoning Enforcement Office, the
location of the antenna on an existing structure would not require a Special Use Permit. If the height exceeds six feet,
a Special Use Permit would have to be granted by the Board of County Commissioners.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend the Permitted Use Table
of the New Hanover County Zoning Ordinance to allow Cellular and PCS antennas less than six feet in height to be
attached to existing structures by right. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 4.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 434
FIRST READING OF ORDINANCE AMENDMENTS TO CHAPTER 56-UTILITIES OF THE NEW HANOVER
COUNTY CODE OF ORDINANCES
Deputy County Attorney Kemp Burpeau advised that a revised ordinance has been prepared to reflect a change
from 10 days to 20 days in Section 56-286(a) and Section 56-286(f) to clarify existing definitions and practices. The first
portion of the ordinance changes the definition of a subdivision to address the various situations where a developer has
sewer installation duties. The second portion of the ordinance responds to problems the District has encountered with
owner/occupants removing official notices from posted premises. The notice states that the sewer has been disconnected
and the premises are not to be occupied. A $100 penalty will be imposed for unauthorized removal of such notices.
Commissioner Pritchett referenced the definition of a subdivision and asked if a mother-in-law apartment
constructed on the back side of a lot would be considered a subdivision.
Deputy County Attorney Burpeau responded that if two separate lots were created and could be sold independent
of each other, a subdivision would be created. If two separate structures are placed on the same tract of land and the
ownership is not separated, this would not be considered a subdivision.
Chairman Davis asked if anyone from the audience would like to speak in favor of or in opposition to the
proposed ordinance amendment.
Hearing no comments, Chairman Davis called for a motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve the ordinance
amendments as presented to Chapter 56-Utilities of the New Hanover County Code. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the amended ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXVIII, Page 4.4.
DISCUSSION OF LEGISLATIVE GOALS
Vice-Chairman Greer advised that since the legislative goals have already been adopted by the Board of
Directors of the North Carolina Association of County Commissioners, it would not be necessary to forward the goals
to the Association.
Commissioner Boseman asked if the two bills introduced by House Representative Thomas Wright and House
Representative Danny McComas had been amended regarding the appointment of members to the Tourism Development
Authority.
County Attorney Copley advised that once information is received from the legislators on the requested
amendments, the Board will be informed.
APPOINTMENT OF COUNTY COMMISSIONERS TO SERVE ON VARIOUS BOARDS AND COMMITTEES
FOR 2003
Chairman Davis opened the floor to consider Commissioners to be appointed to serve on various board and
committees:
Airlie Gardens Foundation Board of Directors:
Chairman Davis advised that he was currently serving on this board
and asked if another Commissioner would be interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Chairman Davis to serve on the Airlie Gardens Foundation Board of Directors.
Cape Fear Community College Board of Trustees:
Chairman Davis advised that he was currently serving on this
board and asked if another Commissioner would be interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Chairman Davis to serve on the Cape Fear Community College Board of Trustees.
Cape Fear Resource Conservation & Development Board:
Chairman Davis advised that Commissioner Caster was
currently serving on this board and he asked if another Commissioner would be interested in the appointment.
Commissioner Caster informed the Board that he would like to continue to serve on the Board.
Consensus:
It was the consensus of the Board to reappoint Commissioner Caster to serve on the Cape Fear Resource
Conservation & Development Board.
Chamber of Commerce Board:
Chairman Davis advised that he was currently serving as the ex-officio member on the
Chamber of Commerce and asked if any other Commissioner would be interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board reappoint
Chairman Davis to serve on the Chamber of Commerce Board.
Council of Governments Executive Committee:
Chairman Davis advised that Commissioner Caster was currently
serving on this committee and asked if any other Commissioner would be interested in the appointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 435
Commissioner Caster advised that he and Commissioner Pritchett had discussed appointing her to serve on the
Council of Governments Executive Committee and appointing him to serve on the DARE Board of Directors.
Commissioner Pritchett advised that DARE was in the process of working on a long-range plan but stated that
she would be glad to serve on either board.
Commissioner Caster responded that he would be glad to continue to serve on the Council of Governments
Executive Committee.
Consensus:
It was the consensus of the Board to reappoint Commissioner Caster to serve on the Council of Governments
Executive Committee.
DARE Board of Directors:
Chairman Davis asked Commissioner Pritchett if she was still interested in serving on the
DARE Board.
Commissioner Pritchett advised that she would be glad to continue to serve.
Consensus:
It was the consensus of the Board to reappoint Commissioner Pritchett to serve on the DARE Board.
New Hanover County Board of Fire Commissioners:
Chairman Davis advised that Commissioner Pritchett was
currently serving on this board and asked if any other Commissioner was interested in the appointment.
Commissioner Pritchett informed the Board that she would like to continue to serve on the board.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Pritchett to serve on the Board of Fire Commissioners.
New Hanover County Board of Health:
Chairman Davis advised that Vice-Chairman Greer was currently serving on
this board and asked if any other Commissioner was interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Vice-Chairman Greer to serve on the Board of Health.
Human Services Transportation Advisory Board:
Chairman Davis advised that Commissioner Boseman was currently
serving on this board and asked if any other Commissioner was interested in the appointment.
Commissioner Boseman advised that she did not have a problem with another Commissioner serving on this
board, but stated she would continue to serve if no one was interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Boseman to serve on the Human Services Transportation Advisory Board.
Human Relations Commission:
Chairman Davis advised that Commissioner Pritchett was currently serving on this
commission and asked if another Commissioner was interested in the appointment.
Commissioner Pritchett advised that she did not mind continuing to serve on the Human Relations Commission,
but stated if another Commissioner was interested in the appointment, it would fine with her.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Pritchett to serve on the Human Relations Commission.
Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board:
Chairman Davis advised that
Vice-Chairman Greer was currently serving on this board and asked if another Commissioner was interested in the
appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Vice-Chairman Greer to serve on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board.
Legion Stadium Committee:
Chairman Davis advised that Commissioner Boseman and Commissioner Caster were
currently serving on this board and asked if another Commissioner was interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the board to reappoint
Commissioner Boseman and Commissioner Caster to serve on the Legion Stadium Committee.
Lower Cape Fear River Program Advisory Board:
Chairman Davis advised that Commissioner Pritchett was currently
serving on the board and asked if another Commissioner was interested in the appointment.
Commissioner Pritchett stated that she would like to continue to serve on the board.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Pritchett to serve on the Lower Cape Fear River Program Advisory Board.
Lower Cape Fear Water & Sewer Authority:
Chairman Davis advised that Commissioner Caster was currently
serving on this board and asked if another Commissioner was interested in the appointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 436
Commissioner Caster advised that he would like to continue to serve on the authority.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Caster to serve on the Lower Cape Fear Water & Sewer Authority.
New Hanover Regional Medical Center Board of Trustees:
Chairman Davis advised that Commissioner Caster was
currently serving on the Board of Trustees and asked if another Commissioner was interested in the appointment.
Commissioner Caster stated that he would like to continue to serve.
Commissioner Boseman stated that she would like to be considered for the appointment.
Vote:
Chairman Davis called for a vote on the reappointment of Commissioner Caster to serve on the Medical Center
Board of Trustees. Vice-Chairman Greer and Commissioner Caster voted in favor of the reappointment.
Vote:
Chairman Davis called for a vote on the appointment of Commissioner Boseman to serve on the Medical Center
Board of Trustees. Commissioner Pritchett, Chairman Davis, and Commissioner Boseman voted in favor of the
appointment.
Chairman Davis announced that Commissioner Boseman had been appointed to serve as the Commissioner
Representative on the New Hanover Regional Medical Center Board of Trustees. He
also noted that a meeting of the Trustees was being held tomorrow night and asked Commissioner Caster if he would
like to attend the meeting.
Commissioner Caster responded that since Commissioner Boseman was appointed to serve on the Medical
Center Board of Trustees he felt that she should attend the meeting and stated that he would give her the agenda packet.
Parks & Recreation Advisory Board:
Chairman Davis advised that Vice-Chairman Greer was currently serving on
this board and he asked if another Commissioner was interested in the appointment.
Vice-Chairman Greer advised that he would be glad to continue to serve if another Commissioner was not
interested in the appointment.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Vice-Chairman Greer to serve on the Parks and Recreation Advisory Board.
Partnership for Children Board:
Chairman Davis advised that Commissioner Pritchett has been serving on the
Partnership for Children Board even through the Chairman is usually appointed to this board. He asked Commissioner
Pritchett if she would like to continue to serve.
Commissioner Pritchett advised that she could not go to every meeting because she had two meetings scheduled
at the same time; therefore, she had been attending every other meeting. She asked if a Commissioner should be
appointed to the Partnership for Children Board since Assistant County Manager Pat Melvin, Library Director David
Paynter, and representatives from the Department of Social Services and Health Department serve on this board.
County Attorney Copley advised that pursuant to General Statutes, a County Commissioner has to be appointed
to serve on the Partnership for Children Board.
Chairman Davis asked if any other Commissioner would like to serve. Hearing no comments, Chairman Davis
offered to attend the meetings when Commissioner Pritchett was not able to attend.
Consensus:
It was the consensus of the Board to reappoint Commissioner Pritchett to serve on the Partnership for
Children Board.
Port, Waterway & Beach Commission:
Chairman Davis advised Commissioner Caster was currently serving on the
commission and asked if any other Commissioner was interested in the appointment.
Commissioner Caster stated that he would like to continue to serve on the commission.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Caster to serve on the Port, Waterway & Beach Commission.
Southeastern Center Board of Directors:
Chairman Davis advised that Commissioner Pritchett was currently serving
on the board and asked if any other Commissioner would like to be appointed.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Pritchett to serve on the Southeastern Center Board of Directors.
Tidal Creek Watershed Advisory Committee:
Chairman Davis advised that Commissioner Caster was currently
serving on this board and asked if another Commissioner was interested in the appointment.
Commissioner Caster advised that he would like to continue to serve.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Caster to serve on the Tidal Creek Watershed Advisory Committee.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 437
Transportation Advisory Board:
Chairman Davis advised that Commissioner Boseman was currently serving on the
Transportation Advisory Board and asked if another Commissioner was interested in the appointment.
Commissioner Boseman advised that she would be glad to continue to serve but stated if another Commissioner
was interested in serving, it would not be a problem.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Commissioner Boseman to serve on the Transportation Advisory Board.
Wilmington Industrial Commission:
Chairman Davis advised that Vice-Chairman Greer was currently serving on this
commission and asked if any other Commissioner was interested in the appointment.
Vice-Chairman Greer stated that he would like to continue to serve.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Vice-Chairman Greer to serve on the Wilmington Industrial Commission.
Wilmington Regional Film Commission:
Chairman Davis advised that Vice-Chairman Greer was currently serving
on this commission and asked if another Commissioner was interested in the appointment.
Vice-Chairman Greer stated that he would like to continue to serve.
Consensus:
Hearing no other Commissioner express a desire to serve, it was the consensus of the Board to reappoint
Vice-Chairman Greer to serve on the Wilmington Regional Film Commission.
COMMITTEE APPOINTMENTS
Appointments to the New Hanover County Adult Care Home Community Advisory Committee
Chairman Davis announced that one vacancy needed to be filled on the Adult Care Home Community Advisory
Committee. He reported that one application was received from Frank S. Annunziata.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to appoint Frank S. Annunziata to
serve an initial one-year term on the Adult Care Home Community Advisory Committee with the term to expire
December 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the New Hanover County Board of Health
Chairman Davis announced that three vacancies needed to be filled on the Board of Health, in the categories
of Dentist, General Public and Professional Engineer.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to appoint Sandra L. Miles, DDS to
serve a 3-year term on the Board of Health in the Dentist Category with the term to expire December 31, 2005. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to appoint John S. Tunstall to serve
a 3-year term on the Board of Health in the Professional Engineer Category with the term to expire December 31, 2005.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that three applications had been received for the general public category in the names
of Donald P. Blake, Gilbert M. Montgomery and Michael Lawrence Smith. Chairman Davis opened the floor to receive
nominations.
Commissioner Pritchett nominated Gilbert M. Montgomery. The nomination did not receive a second.
Vice-Chairman Greer nominated Donald P. Blake. The nomination was seconded by Commissioner Caster.
Chairman Davis called for a vote on the appointment of Donald P. Blake.
Vote:
The Board voted unanimously to appoint Donald P. Blake to serve a 3-year term on the Board of Health in the
General Public Category with the term to expire December 31, 2005.
Appointments to the Human Relations Commission
Chairman Davis announced that three vacancies needed to be filled on the Human Relations Commission. He
reported that three applications were received, with one applicant, Lethia Hankins, eligible for reappointment.
Chairman Davis opened the floor to receive nominations.
Commissioner Pritchett nominated Lethia Hankins for reappointment. The nomination was seconded by Vice-
Chairman Greer.
Chairman Davis called for a vote on the reappointment of Ms. Hankins.
Vote:
The Board voted unanimously to reappoint Ms. Lethia Hankins to serve a 3-year term on the Human Relations
Commission to expire December 31, 2005.
Commissioner Pritchett nominated Barbara Chestnut Kane to fill the unexpired term. The nomination was
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 438
seconded by Vice-Chairman Greer.
Chairman Davis called for a vote.
Vote:
The Board voted unanimously to appoint Barbara Chestnut Kane to fill the unexpired term of Linda M. Rawley
on the Human Relations Commission. The term will expire December 31, 2003.
Chairman Davis nominated Michael Lawrence Smith for appointment. The nomination was seconded by
Commissioner Caster.
Chairman Davis called for a vote.
Vote:
The Board voted unanimously to appoint Michael Lawrence Smith to serve a 3-year term on the Human Relations
Commission with the term to expire December 31, 2005.
Appointments to the Nursing Home Community Advisory Committee
Chairman Davis announced that three vacancies needed to be filled on the Nursing Home Community Advisory
Committee. He reported that two applications were received with one applicant, Joan Barbara Apke, eligible for
reappointment.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to re-appoint Joan Barbara Apke
to serve a second 3-year term on the Nursing Home Community Advisory Committee with the term to expire December
31, 2005; and to appoint Sherry C. Goodin to serve an initial 1-year term on the Nursing Home Community Advisory
Committee with the term to expire December 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Tourism Development Authority (TDA)
Chairman Davis announced that all applications placed on the agenda for appointment in each category had
met the eligibility criteria as outlined in the enabling legislation. He stated that the Board must determine how to stagger
the terms as required by the legislation.
Clerk to the Board, Lucie F. Harrell, advised that numbers with terms of 1, 2, and 3 years had been prepared
and placed in a basket and stated that County Attorney Copley would draw a term number for each appointment.
Chairman Davis advised that the first category was a Hotel Owner/Manager of a 150-plus room hotel in
Wrightsville Beach and stated that only one application had been received in the name of Mary Baggett Martin, Manager
of the Blockade Runner Beach Resort. He called for a motion to appoint Ms. Martin.
County Attorney Copley drew a 2-year term for the appointment.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Mary Baggett Martin to
serve a 2-year term on the TDA to expire December 31, 2004, as the representative of a Hotel Owner/Manager of a 150-
plus room hotel in Wrightsville Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the next category was the a Hotel Owner/Manager in Carolina Beach and stated
that only one application had been received in the name of James W. Pope, Manager of Golden Sands Motel. He called
for a motion to appoint Mr. Pope.
County Attorney Copley drew a 1-year term for the appointment.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to appoint James W. Pope to serve
a 1-year term on the TDA to expire December 31, 2003, as the representative of a Hotel Owner/Manager in Carolina
Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the next category was a Hotel Owner/Manager in Kure Beach and stated that only
one application had been received in the name of Robert M. “Kip” Darling, Owner/Manager of the Docksider Oceanfront
Inn and Darlings By the Sea. He called for a motion to appoint Mr. Darling.
County Attorney Copley drew a 2-year term for the appointment.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Robert M. “Kip” Darling
to serve a 2-year term on the TDA to expire December 31, 2004, as the representative of a Hotel Owner/Manager in Kure
Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the next category was a Hotel Owner/Manager of 150 rooms or more in
Wilmington and stated that only one application had been received in the name of Rick Guttenberger, Manager of the
Hilton Wilmington Riverside. He called for a motion to appoint Mr. Guttenberger.
County Attorney Copley drew a 3-year term for the appointment.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Rick Guttenberger to serve
a 3-year term on the TDA to expire December 31, 2005, as the representative of a Hotel Owner/Manager of 150 rooms
or more in Wilmington. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the next category was a Hotel Owner/Manager of less than 150 rooms in
Wilmington and stated that five applications had been received in the names of Charles Carver, Manager of the Coastline
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 439
Inn; John Hepner, Manager of the Holiday Inn Express; Frank M. Jones, Manager of the Homestay Inn; Bill Rudisill,
Manager of the Homestay Inn/Medical Park Hotels; and Ian W. G. Sauer, Manager of the Hampton Inn and Marriott
at Landfall. He opened the floor to receive nominations.
Commissioner Boseman nominated Charles Carver. The nomination did not receive a second.
Commissioner Caster nominated Bill Rudisill. The nomination was seconded by Commissioner Pritchett.
Hearing no further nominations, Chairman Davis declared the nominations closed. He called for a vote to
appoint Bill Rudisill since the first nomination did not receive a second.
County Attorney Copley drew a 3-year term for the appointment.
Vote:
The Board voted unanimously to appoint Bill Rudisill to serve a 3-year term on the TDA to expire December 31,
2005, as the representative of a Hotel Owner/Manager of less than 150 rooms in the City of Wilmington.
Chairman Davis advised that the next category was a Hotel Owner/Manager of a County Bed and Breakfast
facility and advised that three applications had been received in the name of Catherine Williams Ackiss, Owner/Manager
of Catherine’s Inn; Paul Bolda, Owner/Manager of the Graystone Inn; and Lawrence R. Huhn, Owner/Manager of
Beacon House Bed and Breakfast. He opened the floor to receive nominations.
Commissioner Caster nominated Paul Bolda. The nomination was seconded by Commissioner Pritchett.
Hearing no further nominations, Chairman Davis declared the nomination closed and called for a vote on the
appointment of Paul Bolda.
County Attorney Copley drew a 1-year term for the appointment.
Vote:
The Board voted unanimously to appoint Paul Bolda to serve a 1-year term on the TDA to expire December 31,
2003, as the representative of a Hotel Owner/Manager of a County Bed and Breakfast facility in New Hanover County.
Chairman Davis advised that the next category was appointment of a Owner/Manager of a County company
that manages and rents more than 100 Vacation Rental Properties. He advised that two applications had been received
in the names of Robert G. Bryant, Manager of Bryant Real Estate; and Bob McKoy, Manager of Network Real Estate.
He noted that a letter had been received from the Wrightsville Beach Board of Aldermen recommending the appointment
of Mr. Bryant, and letters were received from the Carolina Beach Town Council and Wilmington Regional Association
of Realtors recommending the appointment of Mr. McKoy.
Chairman Davis opened the floor to receive nominations.
Commissioner Boseman nominated Bob McKoy. The nomination was seconded by Commissioner Caster.
Hearing no further nominations, Chairman Davis declared the nominations closed. He called for a vote to
appoint Mr. Bob McKoy.
County Attorney Copley drew a 3-year term for the appointment.
Vote:
The Board voted unanimously to appoint Bob McKoy to serve a 3-year term on the TDA to expire December 31,
2005, as the representative of the Owner/Manager of a County company that manages and rents more than 100 vacation
rental properties.
Chairman Davis advised that the next category was the Tourism Attraction Representative and stated that
applications had been received from Jan Brewington, Wrightsville Beach Museum of History; Madeline Flagler, Bellamy
Mansion Museum; Ruth Haas, Cape Fear Museum; Suzi Hamilton, DARE, Inc.; Carl Marshburn, Cape Fear Riverboats;
Robert S. Rippy, Jungle Rapids; and Captain David R. Scheu, Sr., USS North Carolina. He advised that the Wrightsville
Beach Board of Aldermen had written a letter recommending appointment of Carl Marshburn.
Chairman Davis opened the floor to receive nominations.
Commissioner Boseman nominated Carl Marshburn. The nomination was seconded by Vice-Chairman Greer.
Commissioner Pritchett nominated Robert S. Rippy. The nomination was seconded by Commissioner Caster.
Hearing no further nominations, Chairman Davis declared the nominations closed. He called for vote on
appointment of Robert S. Rippy.
County Attorney Copley drew a 2-year term for the appointment.
Vote:
The Board voted 2 to 3. Commissioner Caster and Commissioner Pritchett voted in favor.
Chairman Davis called for a vote on the appointment of Carl Marshburn.
Vote:
The Board voted 3 to 2 to appoint Carl Marshburn to serve a 2-year term on the TDA to expire December 31,
2004, as the tourism attraction representative. Chairman Davis, Vice-Chairman Greer Commissioner Boseman voted
in favor of the appointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 440
Chairman Davis advised that the next category was for a Chamber of Commerce Representative, and one
application was received from Spence H. Broadhurst. He called for a motion to appoint Mr. Broadhurst.
County Attorney Copley drew 2-year term for the appointment.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Spence H. Broadhurst to
serve a 2-year term on the TDA to expire December 31, 2004, as the Chamber of Commerce Representative. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the next category was a Restaurant Business Owner/Manager and stated that three
applications had been received in the names of Roy J. Clinton, Owner of Roy’s Riverboat Landing Restaurant; Doug
Dickens, Owner of Oceanic, Romanelli’s, Henry’s and Bluewater Restaurants; and Thomas F. Reeves, owner of Salty’s
Fine Food and Dancing. He noted that a letter had been received from the Wrightsville Beach Board of Aldermen
recommending the appointment of Doug Dickens.
Chairman Davis opened the floor to receive nominations.
Commissioner Caster nominated Doug Dickens. The nomination was seconded by Commissioner Boseman.
Vice-Chairman Greer nominated Roy J. Clifton. The nomination did not receive a second.
Chairman Davis called for a vote to appoint Doug Dickens.
County Attorney Copley drew a 1-year term for the appointment.
Vote:
The Board voted unanimously to appoint Doug Dickens to serve a 1-year term on the TDA to expire December
31, 2003, as the Restaurant Business Owner/Manager representative.
Chairman Davis advised that the enabling legislation for the establishment of the Tourism Development
Authority (TDA) required the Chairman of the Board of County Commissioners, Mayor of the City of Wilmington,
Mayor of the Town of Carolina Beach; Mayor of the Town of Kure Beach, and Mayor of the Town of Wrightsville Beach
to serve on the TDA. After holding a Work Session with Representative Daniel McComas and Representative Thomas
Wright, the representatives were requested to modify the two bills to reflect that each Mayor and Chairman of the Board
could designate another member from their respective board if so desired. The bills have not been modified, but this
change should occur when the General Assembly reconvenes in January 2003.
Chairman Davis also noted that pursuant to the enabling legislation, the Board of County Commissioners must
appoint the first Chairman of the TDA for one year. After discussion, it was felt that the Chairman of the Board should
be appointed Chairman of the TDA. He advised that he did not mind serving as Chairman for the first year, but due to
time constraints, he would like to designate Commissioner Caster to serve as Chairman of the TDA after the legislation
has been amended.
Commissioner Pritchett suggested designating Chairman Davis and Commissioner Caster to serve as co-
chairmen of the TDA.
Commissioner Caster suggested nominating Chairman Davis as Chairman of the TDA until the legislation is
amended. He stated that during the interim period, he would attend meetings and closely monitor the actions so he
could become Chairman once the legislation is changed if so desired by the Board.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to appoint Chairman Davis to serve
as the County representative to the newly formed TDA. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis advised that the Board of County Commissioners must appoint the Chairman of the TDA for
the first year.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to appoint Chairman Davis as the
Chairman of the TDA for the first year with the understanding that if the legislation is amended, Commissioner Caster
will become the designee and serve as Chairman of the TDA for the remaining portion of the first year. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Ms. Judith Grizzel, President/CEO of the Cape Fear Coast Convention and Visitors Bureau, requested the Board
to schedule a meeting of the TDA before the end of the month so she could present the remaining half of the budget for
the next six months. She advised that only a quorum had to be present and stated that the organizational meeting would
be held in early January.
After discussion, it was agreed to schedule the meeting on Monday, December 23, 2002, at 8:30 a.m. in Room
501 of the New Hanover County Administration Building. Ms. Grizzel advised that she would be glad to contact the
newly appointed members of the TDA informing them about the time and place of the meeting.
AWARD OF CONTRACT #03-0121 TO KELLY CONTRACTORS, INC. TO CONNECT THIRTY-TWO (32)
OCCUPIED DWELLINGS TO SEWER AND TEN (10) OCCUPIED DWELLINGS TO WATER AS PART OF
THE CASTLE HAYNE SEWER CONSTRUCTION PROJECT
Staff Planner Wanda Coston reported that the Castle Hayne Sewer Construction Project, which was fully funded
by the U. S. Department of Housing and Urban Development as part of their Disaster Recovery Initiative Grant Program,
has been completed. These funds are being used to provide loans to assist low and moderate income residents
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 441
to pay for costs associated with connection to the County water and sewer systems.
Staff has requested and received the following proposals for connection of thirty-two (32) occupied dwellings
to sewer and ten (10) occupied dwellings to water. The average cost of the low bidder for connection of each dwelling
to the sewer is $800 and to the water is $124.
Kelly Plumbing Contractors, Inc. $26,840
T&H Construction of NC, Inc. $35,968
Goslee Construction Co., Inc. $50,800
After hearing no comments from the Board, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to award Contract # 03-0121 to Kelly
Plumbing Contractors, Inc., the low bidder, in the amount of $26,840 to connect 32 occupied dwellings to sewer and ten
occupied dwellings to water as part of the Castle Hayne Sewer Construction Project and authorize the Chairman to
execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 3:04 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Davis reconvened to Regular Session at 3:47 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.
Ms. Linda Pearce, Executive Director of Elderhaus, reported that family members are being called to attend a
meeting about long-range changes in the care provided by Elderhaus due to budget shortfalls. For 21 years, Elderhaus
has never refused to take a client because the family could not pay for the care. She requested the Board to consider a
$97,389 funding contribution to Elderhaus to keep the doors open and care for these clients so family members will not
have to place their loved ones in nursing homes. Elderhaus provides care at a minimum fee per day and saves thousands
of Medicaid dollars for New Hanover County.
Mr. Dick Davis, a care giver, advised that his mother-in-law fell and broke her hip and has been able to stay
at home through services provided by Elderhaus. If this option had not been available, she would have been placed in
a nursing home so that he and his wife could work. He urged the Board to approve the funding request.
Discussion was held on the County’s current annual contribution to Elderhaus. Ms. Pearce responded that
Elderhaus received $55,000 last year.
Chairman Davis advised that during the last budget process, the Board decided not to fund any outside agencies;
however, three members of the Board decided later to remove $200,000 budgeted for Airlie Gardens and selected three
outside agencies to receive funding. Elderhaus was one of the agencies selected and received an appropriation of
$55,000. He expressed concern for now being requested to provide additional funding when other outside agencies did
not receive any funding.
Motion:
After a lengthy discussion on the need to fund this agency, Commissioner Boseman MOVED, SECONDED
by Vice-Chairman Greer, to contribute $50,000 from the DSS Medicaid appropriation and/or from the Contingency Fund
at the end of the year.
Commissioner Caster expressed concern for providing another funding appropriation to an outside agency which
had already received prior funding and stated that he could not vote for the motion.
Commissioner Pritchett stressed the importance of Ms. Pearce understanding that if the motion is approved to
provide an additional $50,000, no other funding requests should be submitted before the next fiscal year.
Chairman Davis called for a vote on the motion to provide additional funding in the amount of $50,000 to
Elderhaus. Upon vote, the MOTION CARRIED 3 to 2. Chairman Davis and Commissioner Caster voted in opposition.
ADDITIONAL ITEMS
Carolina Beach Volunteer Fire Department
Commissioner Casterreported that he and Commissioner Pritchett attended the opening of the Carolina Beach
Volunteer Fire Department and stated that the Town Council and citizens were most appreciative of the County allowing
the building to be used for this purpose.
City Has Appointed the Convention Center Committee
Commissioner Caster reported that the City Council had selected the Convention Center Committee and he
asked Chairman Davis if the Mayor had called to request the Commissioners to appoint a representative to serve on the
group.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29
REGULAR MEETING, DECEMBER 16, 2002PAGE 442
Chairman Davis advised that he had not heard from Mayor Peterson.
Commissioner Caster advised that he felt the County should be part of the process because if the proceeds from
the additional Room Occupancy Tax do not generate sufficient revenue to construct and operate a Convention Center,
he would not support use of taxpayer dollars to subsidize the operation. He expressed concern for the County not being
requested to appoint a representative to serve on the committee.
Commissioner Boseman stated that she felt Commissioner Caster should appointed as the representative to serve
on the Convention Center Committee if the County is requested to appoint a member.
Meeting of Tidal Creek Advisory Board
Commissioner Caster commented on meeting with the Tidal Creek Watershed Advisory Board and presented
information from the meeting to the Board of County Commissioners.
Meeting with New Chairman of the Board of Education
Chairman Davis advised that he met with Mr. Steve Bilzi, Chairman of the Board of Education and reported
that discussion was held on items of mutual interest between the County and School System. He advised that another
meeting was scheduled on January 7, 2003, and Dr. John Morris, Superintendent of Schools and County Manager O’Neal
would be attending the meeting. He noted the meetings had been positive and were developing a good line of
communication.
MEETING CONVENED TO CLOSED SESSION
Chairman Davis advised that the Finance Director has requested a Closed Session pursuant to N.C.G.S. 143-
318.11(5) to discuss the purchase of real property. He requested a motion to convene to Closed Session
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to convene to Closed Session for
the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 4:29 p.m.
Chairman Davis reconvened to Regular Session at 5:36 p.m. and advised that no action was taken in the Closed
Session.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 5:38 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board