2000-12-18 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 353
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
December 18, 2000, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse,
24 North Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager Andrew J. Atkinson gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag
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 or to comment on an item listed on the Consent Agenda.
He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove a Consent
Agenda item. He also referenced the revised resolution under Consent Agenda Item 11 relative to
requiring voter identification at polls in New Hanover County and asked if the revised language was
satisfactory to the members of the Board.
After hearing no comments, Chairman Davis called for a motion to approve the Consent
Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
Consent Agenda and the revised resolution listed under Consent Agenda Item 11. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings as presented by the Clerk
to the Board:
Regular MeetingDecember 4, 2000
Closed SessionDecember 4, 2000
Adoption of Resolution Directing the County Manager to Confer With the Board of County
Commissioners and the Wilmington City Council on all Proposed Capital Projects
The Commissioners adopted a resolution directing the County Manager to keep the Board
of County Commissioners informed of all proposed capital projects and to inform the City Manager
so both governing bodies will be aware of the projects and can determine if it would be feasible for
any of the projects to become joint capital projects. A similar resolution was adopted by the
Wilmington City Council.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXVI, Page 22.
Authorization for the New Hanover County Health Department to File a Smart Start Grant
Application for Expanding the NAVIGATOR Program
The Commissioners authorized the Health Department to file a Smart Start Grant application
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 354
in the amount of $100,000 to expand the NAVIGATOR Program as recommended by the Board of
Health. This will enable the Health Department to hire three new nurses to provide the following
services: (1) two additional nurses to provide home visits to serve 50 more families who are first-
time parents under the 100% poverty level; and (2) one nurse to serve as the Family Assessment
Coordinator to screen all parents during the pregnancy or at delivery to determine the need for
services and make referrals to all available community resources. This nurse will be a liaison to other
Health Department programs, the hospital, private doctors and community agencies. If the grant is
awarded, the County Manager is authorized to approve the associated budget amendment.
Adoption of Branch Banking & Trust (BB&T) of North Carolina Resolution and Agreement
for Deposit Account - Finance Department
The Commissioners adopted a BB&T resolution and agreement for a Deposit Account as
required by BB&T to be kept on file for the New Hanover County Water and Sewer Collection. The
resolution and agreement for the Deposit Account designates are as follows:
1. BB&T as Depository and Authority to draw checks.
2. BB&T to honor mechanically produced signatures.
3. BB&T authority to cash checks issued or held by New Hanover County.
4. Bruce T. Shell, New Hanover County Finance Director, as authorized signature on County
checking account with BB&T.
5. Julianne M. Griffin, Deputy Finance Director, as authorized signature on County checking
account with BB&T.
6. Barbara D. McClure, Assistant Finance Director, as authorized signature on County checking
account with BB&T.
The Water and Sewer Finance Department will soon begin using the “lock box” method for
collecting water and sewer payments received by mail. When customers mail in their utility
payments, the receipt will be processed by BB&T, with deposits electronically sent to the County.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 22.
Acceptance of Funding for the In-Home Breast Feeding Support Program from the North
Carolina Nutrition Network and Approval of Associated Budget Amendment #01-0092 -
Cooperative Extension Service
The Commissioners accepted funding from the North Carolina Nutrition Network in the
amount of $53,151 for the In-Home Breast Feeding Support Program and approved associated
Budget Amendment #01-0092. The local match of $52,348 will be provided through in-kind
services. The program focuses on providing education to pregnant and lactating women.
Budget Amendment #01-0092-Cooperative Extension Service
ADJUSTMENTDEBITCREDIT
Cooperative Extension Service:
In-Home Breast Feeding Support Program$53,151
Temporary Salaries$44,052
Training & Travel$ 6,409
Contracted Services$ 1,690
Departmental Supplies$ 1,000
Explanation:
To budget funds received from the North Carolina Nutrition Network for the In-Home
Breast Feeding Support Program which provides education to pregnant and lactating women.
Adoption of Capital Project Ordinance for the Hazard Mitigation Acquisition and Relocation
Program, Acceptance of HMGP Grant and Approval of Associated Budget Amendment #2001-
24 - Planning Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 355
The Commissioners adopted a Capital Project Ordinance and accepted the HMGP grant in
the amount of $1,889,302 to establish the Hazard Mitigation Acquisition and Relocation Program
in New Hanover County, approved the associated budget amendment, and authorized the County
Manager to execute the necessary grant documents.
The project involves the acquisition and demolition of two (2) residential structures and the
acquisition and demolition of fourteen (14) owner-occupied residential structures located in New
Hanover County.
Budget Amendment #2001-24 - Planning
ADJUSTMENTDEBITCREDIT
HMGP Federal $1,419,260
HMGP State $ 470,042
Capital Project Expense$1,889,302
Explanation:
To establish the budget for grant awarded to the Planning Department for the housing
acquisition and relocation program.
A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and
is contained in Exhibit Book XXVI, Page22.
Approval of Budget Amendment #01-0090 to Accept Funding from the N. C. Department of
Juvenile Justice and Delinquency Prevention
The Commissioners approved Budget Amendment #01-0090 to accept funding in the amount
of $14,354 from the N. C. Department of Juvenile Justice and Delinquency Prevention. The Juvenile
Crime Prevention Council Board has authorized increasing funding to the Institute for Family
Centered Services by $14,354 for a total funding of $106,354.
Budget Amendment #01-0090 - Office of Juvenile Justice
ADJUSTMENTDEBITCREDIT
Office of Juvenile Justice
Office of Juvenile Justice (State)$14,354
Intensive Family Based Inter.$14,354
Explanation:
To budget additional North Carolina Department of Juvenile Justice and Delinquency
Prevention funds for the Institute of Family Centered Services.
Approval of Release of Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusion for the following taxpayers:
Breen, James M.$20,000
Crumpler, Vernell$20,000
Davis, Anne Geneva$20,000
Ezzell, Wanda L. $20,000
Marchese, Richard A. Robbin$20,000
The Commissioners approved release of the following late listing penalty as the taxpayer
certified that he listed during the regular listing period.
Witherspoon, Michael B.$ 8.10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 356
The Commissioners approved the following delinquent application for exemption from the
property tax for the following organization:
Cape Fear Habitat for HumanityR04813-018-005-000
Acceptance of Tax Collection Reports Through November 30, 2000
The Commissioners accepted the following Tax Collection Reports through November 30,
2000, as submitted by the Collector of 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 XXVI, Page 22.
Approval of Budget Calendar for Fiscal Year 2001-2002
The Commissioners approved a preliminary budget calender for the Fiscal Year 2001-2002
Budget. The first planning session will begin in January 2001.
Adoption of Revised Resolution Pertaining to Voter Identification
The Commissioners adopted a revised resolution endorsing legislation requiring voter
identification at all polling places in North Carolina, or as an alternative, support local legislation to
require voters in New Hanover County to have identification in all polling places to protect the
integrity of the election process and the validity of each citizen’s vote.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 22.
PRESENTATION OF PLAQUE TO COMMISSIONER CASTER IN APPRECIATION OF
HIS SERVICE AS CHAIRMAN OF THE BOARD OF COMMISSIONERS
On behalf of the Board, Chairman Davis presented a plaque to Commissioner Caster in
recognition of his service as Chairman of the Board of County Commissioners for the past three
years. Chairman Davis commended Commissioner Caster for performing an exceptional job in
chairing the Board and stated the citizens of New Hanover County were fortunate to have such a
dedicated person in the position.
Commissioner Caster accepted the plaque and stated it had been a privilege to serve in this
capacity for the past three years. He expressed appreciation to his fellow Commissioners, County
Manager O’Neal, County Attorney, Clerk to the Board, and Staff for the cooperation given to him
while serving as Chairman of the Board.
A round of applause was given to Commissioner Caster.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Alicia E. PickettHealth Department 5 years of service
Deborah L. GregoryHealth Department10 years of service
Hugh W. MohrParks Department10 years of service
Earl A. JacksonSheriff’s Department15 years of service
Janet B. McCumbeeHealth Department15 years of service
Wyatt E. BlanchardEngineering Department20 years of service
Beverly Tetterton-OpheimLibrary20 years of service
On behalf of the Board, Chairman Davis presented a service award to each employee and
expressed appreciation to them for their years of dedicated service to New Hanover County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 357
RECOGNITION OF NEW REGISTER OF DEEDS
Chairman Davis recognized Ms. Rebecca T. Christian, the newly elected Register of Deeds
and advised that she had previously served in the position. He welcomed her back to New Hanover
County and stated he looked forward to working with her.
A round of applause was given to Ms. Christian.
CONSIDERATION OF A PROCLAMATION DECLARING DECEMBER 19, 2000 AS
FALUN DAFA DAY IN NEW HANOVER COUNTY
County Manager O’Neal advised that a request had been made by Mr. Xiaodong Ni for the
Board to consider a proclamation to declare December 19, 2000 as Falun Dafa Day in New Hanover
County. He advised that Mr. Xiaodong Ni was present and would like to speak.
Mr. Ni expressed appreciation for support of Falun Dafa Day. He advised that Falun Dafa
was an ancient Chinese practice based on the universal principle of truthfulness, compassion and
forbearance. This practice was introduced to China in 1992 by Mr. Li Hongzhi. During the past
eight years, the practice has become popular throughout the world with over 100 million people in
more than 40 counties. Falun Dafa is a non-profit organization that relies solely on the volunteer
efforts of its practitioners. No one receives pay for their endeavors and no one makes a profit from
this practice. There are no fund raising programs and no membership fees or donations are required.
The practitioners use their own money in their spare time to perform the work.
It has been proven that many people have improved their health after practicing FalunDafa.
There are many people in New Hanover County who enjoy Falun Dafa; however, people in China
who wish to practice Falun Dafa have been denied this right because of the communist government.
Many followers have been persecuted and practitioners have received severe punishment.
In closing, Mr. Ni requested the Board to declare December 19, 2000 as Falun Dafa Day in
New Hanover County to recognize this practice and educate residents about this system of exercises
and teachings that will transform their minds and bodies.
Chairman Davis asked if any member of the Board would like to discuss this issue.
Commissioner Caster spoke on not knowing the events that are occurring in China and stated
that he was not sure the County should be placed in a position to make foreign policy decisions. He
requested the Board to remove the wording in the fifth paragraph at the end of the last sentence
which implies that the “government of China has banned its practice and persecuted its followers.”
Chairman Davis asked if any member of the Board would like to make a motion to adopt the
proclamation with removal of the wording as recommended by Commissioner Caster.
No motion was received.
Chairman Davis expressed appreciation to Mr. Ni for the presentation on the practice of Falun
Dafa and stated that since a motion was not received from a member of the Board, the proclamation
was not adopted.
CONSIDERATION OF REQUEST BY THE MAYORS OF KURE BEACH AND
CAROLINA BEACH FOR PAYING TRI-ANNUAL BEACH RENOURISHMENT
THROUGH THE ROOM OCCUPANCY TAX
County Manager O’Neal advised that a request had been received from the Mayors of
Carolina Beach and Kure Beach for the Board of County Commissioners to consider paying the full
local match for beach renourishment projects from the Room Occupancy Tax. The reason for this
request is because the State has reduced its funding match due to budget restraints, and this action
has placed the beach communities in a difficult financial position. The total local match is projected
at $820,000, approximately $260,000 for Kure Beach and $560,000 for Carolina Beach.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 358
Chairman Davis explained that next year the Towns of Carolina Beach and Kure Beach are
scheduled for renourishment projects. Normally, the federal government funds 65% of the projects
with the State and New Hanover County funding the remaining 35%. The State usually funds 75%
of the 35% with local governments funding 25%. Due to budget constraints, the State has decided
to fund only 50% of the 35%. This action raises the issue of whether New Hanover County should
fund the remaining percentage from the Room Occupancy Tax or decide on partial funding with the
remaining funds contributed by each beach community. When this item was discussed at the Staff
Meeting on Thursday, the Board generally agreed to pay the full local share for both beach
communities from the Room Occupancy Tax.
Commissioner Caster, the Board’s Representative on the Port, Waterway and Beach
Commission, reported that this item was discussed at the last meeting of the Commission and the
group recommended funding the 50/50 split of the 35% from the Room Occupancy Tax. Discussion
has been held with Mr. John Morris, Director of Water Resources, N. C. Department of Environment
and Natural Resources, who stated that the funding shortfall should be for one year and the
percentage should return to the 75/25 split for future renourishment projects. Also, discussion has
been held with N. C. House Representative Danny McComas and N. C. Senator Patrick Ballantine,
who are making an effort to secure funding at the regular percentage during the upcoming session
of the General Assembly. Since the renourishment projects are scheduled to begin after the first of
the year, he would suggest moving forward with funding the local share for the beach communities.
Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to fund 50% of the
non-federal share, not require the beach communities to participate in the funding, and continue to
work with the local legislators to see if State funding can be restored. The amount of funding from
the Room Occupancy Tax is not to exceed $820,000, and if the State funding is changed to a 75/25
split, New Hanover County will reimburse the Room Occupancy Tax Fund by that amount. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AUDIT REPORT FOR FISCAL YEAR ENDED JUNE 30, 2000
Finance Director Bruce Shell presented a report on the financial results for the fiscal year
ending June 30, 2000. He reported that the County was moving forward with the jail construction
project. The Judicial Building expansion and the Wilmington-Hanby Beach sewer projects have been
approved and construction has started. The Northeast Regional Library has been completed with
fund raising efforts from the private sector, and the City and County are moving forward with
expansion of the Northside Wastewater Treatment Plant.
Charts were presented reflecting revenues and expenditures. Revenues were generated in the
amount of $171.4 million with 60% of monies collected from the property tax and sales tax.
Expenditures in the amount of $174 million exceeded revenues by $2.6 million. The shortfall was
removed from the fund balance. During the budget process, Staff was aware of the need to use a
portion of the fund balance to lower the increase in the property tax. One factor impacting the budget
was the loss of revenue from the sales tax due to annexation. The sales tax for the entire County
increased by 3.5% but the County suffered a loss of $1 million. Another expenditure that impacted
the budget was the cost of transporting prisoners out of the county at a cost of $1.4 million.
Discussion was held on the amount of funding for education. County Manager O’Neal
informed the Board that $50 million was allocated to New Hanover County schools during the last
fiscal year.
Vice-Chairman Greer referenced the manner in which expenditures had been presented in the
report and asked if these figures could be broken down to show the public how much money was
being spent on schools. He expressed concern for the average person looking at the report and
thinking that New Hanover County had spent only 1.6% on education during the past fiscal year.
Finance Director Shell offered to present a more detailed analysis of school expenditures to
show the actual amount of funds being spent on education in New Hanover County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 359
County Manager O’Neal explained that audit reports must be presented in certain categories
as outlined by the State of North Carolina. Staff can reflect school expenditures in a detailed analysis
as part of the budget document.
Further discussion was held on the reduction in the fund balance. Finance Director Shell
explained that New Hanover County has a strong fund balance at 23.4% of expenditures. However,
the undesignated fund balance, which is the money used for funding projects and is maintained at
16.67% to cover at least two months of operations, has been reduced to 12.7%. This is a strong
percentage, but the balance is below the County’s goal of 16.67%. One reason for the dip in the
percentage is because FEMA funding for previous hurricanes was not received by the end of the fiscal
year June 30, 2000. Since that time, a majority of FEMA funding has been received.
In closing, Finance Director Shell reported that when visiting bond rating firms, New Hanover
County was able to maintain its AA rating and received a positive rating for the Certificates of
Participation. Since New Hanover County continues to experience growth in retail sales as a regional
hub, maintains a diversified employment with a low unemployment rate, sustains a continued growth
in the tax base, and has a low to moderate tax rate throughout the State of North Carolina and nation,
the bond rating firms feel that New Hanover County is in a strong financial condition.
Mr. Sam Rose, a partner with McGladrey and Pullen, LLP, reported on the audit for the fiscal
year ending June 30, 2000. He referenced the Financial Report and advised that the audit was good.
The figures presented accurately reflect the operations and cash flows for the fiscal year. A number
of major federal and state programs had to be audited. There were two programs with audit findings
which are explained on Pages 208-213 in the financial report. While reviewing the internal control
of the County, there were some comments related to the processing of cash receipts in one particular
department. Overall, the audit was very positive and New Hanover County is in a strong financial
condition.
In closing Mr. Rose expressed appreciation to the Finance Department for their cooperation
and professionalism shown in assisting the auditors in preparing the report.
Commissioner Caster referenced the introductory letter from McGladrey & Pullen and
requested an explanation of why the Airport Authority, ABC Board, Lower Cape Fear Hospice and
Pender Memorial Hospital, Inc. were audited by other auditing agencies.
Mr. Rose explained that the County’s reporting entity includes New Hanover Regional
Medical Center; however, the Airport Authority, Lower Cape Fear Hospice, and ABC Board are
audited by other agencies. The purpose of this section in the letter is to point out that some of the
audits for these agencies are not performed in accordance with Government Auditing Standards. This
statement does not mean there are any financial problems with these agencies.
Mr. Rose also informed the Board that a letter had been addressed to the County Manager
regarding items that do not have to be reported to the Board of County Commissioners. For
example, the last item in the letter to the County Manager references the reduction in the fund balance
and recommends carefully monitoring further reductions in this account.
After hearing no further comments from the members of the Board, Chairman Davis
expressed appreciation to Finance Director Shell and Mr. Rose for the informative report and audit.
Deputy County Manager Atkinson expressed appreciation to Assistant Finance Director
Julianne M. Griffin and Staff for the excellent job performed in preparing the financial report.
REMOVAL OF REGULAR AGENDA ITEM 8, AWARD OF CONTRACT FOR THE
MASON INLET DREDGING PROJECT
Chairman Davis announced that Staff has requested the removal of Agenda Item 8 concerning
the Mason Inlet Dredging project until January 22, 2001.
Commissioner Boseman asked how many bids had been received for the project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 360
Assistant County Manager Dave Weaver responded that eleven (11) bid packages had been
forwarded to various firms and reported that eight( 8) to nine (9) contractors attended the pre-bid
meetings.
Commissioner Boseman spoke on being concerned about eliminating the 3-bid rule process
for this project and asked if this was the case.
Commissioner Caster responded that the Board of County Commissioners never eliminated
the 3-bid rule process; however, the contract did allow the County to award one responsible bid if
three bids were not received. This was done to avoid the time required to re-bid the project.
Commissioner Boseman stressed the importance of demonstrating fiscal responsibility to the
public by actively seeking numerous bids for the project.
Commissioner Caster referenced the incorrect editorial and article in the Star-News and stated
the Commissioners had never intended to eliminate the number of bids received for the project. The
major issue was the time frame in which the Corps of Engineers could perform the dredging project.
BREAK
Chairman Davis called a break from 10:05 a.m. until 10:20 a.m.
REMOVAL OF REGULAR AGENDA ITEM 6,CONSIDERATION OF REQUEST FROM
THE OPERA HOUSE THEATRE COMPANY TO TRANSFER OWNERSHIP OF THE
LUCILE SHUFFLER BUILDING
Chairman Davis requested Mr. Lou Criscuolo to explain his reason for withdrawing this item
from the Regular Agenda.
Mr. Lou Criscuolo, Founder/Artistic Director of Opera House Theatre Company, requested
the Board of County Commissioners to withdraw this item from the Regular Agenda until he can
prepare a list of repairs and improvements that need to be made to the Lucile Shuffler Center so a
price can be determined on the renovation project. Once this list has been completed and reviewed
by the County Manager, he would like to place the item back on the agenda for discussion.
Vice-Chairman Greer asked Mr. Criscuolo if he was asking the County to pay for the repairs.
Mr. Criscuolo explained that he was not asking New Hanover County for a commitment.
Under the lease agreement, Opera House agreed to maintain the building, but due to the age of the
building, this has become an impossibility. Opera House has already replaced the roof, installed two
new air conditioners, and made numerous other repairs at a considerable cost. The building needs
new windows, floors, and carpet. Before further discussion can occur, a list needs to be compiled
showing the repairs made by Opera House and the items that currently need to be repaired.
Mr. Harry Matthis, a native of Wilmington during the 30's and early 40's, advised that he was
now returning to Wilmington. He commented on attending the school in the Lucile Shuffler Center
and stated this was an historic building that should be preserved. The sign in front of the building
should be repaired, the building should be painted, and the yard should be well maintained. He
informed the Board that he was interested in the building and would like to see it restored as part of
the area’s history.
Chairman Davis expressed appreciation to Mr. Criscuolo for the quality productions offered
by Opera House and noted that this Theatre Company was a benefit to the entire community.
TAX APPEAL OF DENIAL OF EXEMPTION BY WILMINGTON AREA LEADERSHIP
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FOUNDATION, 914 AND 916 SOUTH 7 STREET AND BUSINESS PERSONAL
PROPERTY
Tax Administrator Robert C. Glasgow reported that Mr. House applied for exemption from
real and personal property taxes on September 18, 2000. The two properties in question are located
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at 914 and 916 South 7 Street. The Tax Department did not have a problem with approving the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 361
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exemption if the properties were being used for rehabilitation purposes. The 916 South 7 Street
property is currently being used by the Wilmington Police Department for the “Officer In Residence
Program.” When this property was leased to the City of Wilmington for $700 per month in October
2000, it no longer qualified for exemption because the property has to be occupied gratuitously.
However, the Tax Department does not object to exempting the property since it was used as of
January 1, 2000 through September 30, 2000 for rehabilitation purposes. Since the owner did not
enter into the agreement with the City of Wilmington until October 1, 2000, the Tax Department feels
the intended purpose of the property was served for a majority of the tax year. The personal property
consists of equipment used to train unskilled individuals and should be exempt.
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The property located at 914 South 7 Street has been condemned by the City of Wilmington.
Mr. House was trying to work on the structure as of January 1, 2000, but found the building was in
such bad shape it could not be rehabilitated. If the owner had continued to proceed with the
rehabilitation or improvement, this would not be a problem; however, the building remained unused
on the site and State Statutes do not allow exemption for an unused building.
Chairman Davis recapped the recommendation of the Tax Department as follows:
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•The property located at 916 South 7 Street should be exempt because the rental agreement
with the City of Wilmington did not occur until October 1, 2000. The property was used for
rehabilitation purposes for the majority of the year as required by State Statutes. There is
no objection to exempting the personal property because the equipment is used to train
unskilled individuals.
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•The property located at 914 South 7 Street is condemned by the City of Wilmington and is
waiting to be demolished. Since the building has remained unused for this period of time, the
State Statutes do not allow for an exemption.
Discussion followed on whether the delay in demolishing the structure had created the
exemption problem for the property owner. Tax Administrator Glasgow explained that Mr. House
has become the person being held responsible for paying the property tax. If the City had moved
forward with demolishing the structure, Mr. House could have continued with his work to improve
and construct the new building, which would have exempted the property.
Commissioner Boseman requested an recommendation from the Legal Department.
Deputy County Attorney Kemp Burpeau explained that North Carolina General Statutes
require that effective January 1, the present use must be for exempt purposes. If work had begun on
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the new building located at 914 South 7 Street on January 1, 2000, the property would be exempt
from the property tax. Since no work was performed on the site, the building remained unused and
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does not qualify for an exemption. The property located at 916 South 7 Street was rented from
October 1, 2000 through December 30, 2000; therefore, the rent compensation for this small period
of time should be disqualified and the tax exemption should be granted.
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Chairman Davis requested Mr. Kenny House to comment on the 914 South 7 Street
property.
Mr. Kenny House reported that both properties were purchased in 1999 with a plan for
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consecutive rehabilitation projects. The first project was the property located at 916 South 7 Street.
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The second project was to be 914 South 7 Street. When discovering that the structure on the 914
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South 7 Street site was not re-habitable, the City offered to demolish the building with Community
Development Block grant funds. The contractor was told to stop work and wait for the structure to
be demolished. As of this date, grant funds have not been received and countless hours have been
spent working with the City to remove the building from the site. If the City had acted in a timely
manner, an affordable house for a low to moderate income family would be on the site at the current
time.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 362
In closing, Mr. House advised that he understood the position of the Tax Administrator and
stated that he would pay the property tax due; however, there was no intention to continue to use the
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914 South 7 Street property for public and non-profit purposes. The situation that occurred with
the City could not be controlled.
Chairman Davis explained to Mr. House that if the Board grants an exemption to him for that
particular purpose, it would set a precedent that would require the same exemption to be allowed for
other property owners in the same situation. The Tax Department and Board of County
Commissioners must fairly apply the State Statutes governing tax exemptions.
Commissioner Boseman spoke on working with a local non-profit agency trying to obtain
Community Development Block grant funds through the City and stated that she could understand
Mr. House’s situation; however, the North Carolina General Statutes do not allow for an exemption
in these types of situations.
Commissioner Caster expressed appreciation to Mr. House for his work with the Wilmington
Area Leadership Foundation and for providing affordable housing to low to moderate income people
in the community.
Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to exempt
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payment of taxes on the property located at 916 South 7 Street for the year 2000, exempt personal
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property for the year 2000, and deny the tax exemption on the property located at 914 South 7
Street as recommended by the Tax Department. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPOINTMENT OF COMMISSIONERS TO VARIOUS BOARDS AND COMMITTEES
After discussion among the members of the Board, it was the consensus of the Board to
appoint the following Commissioners to serve on the various boards and committees.
Airlie Gardens Foundation Board of Directors, Chairman Davis
Bellamy Mansion Museum Board of Directors, Commissioner Boseman
Cape Fear Community College Board of Trustees, Chairman Davis
Cape Fear Community College Long-Range Planning Committee, Commissioner Caster
Cape Fear Resource Conservation & Development, Commissioner Caster
Chamber of Commerce, Chairman Davis
Chamber of Commerce Community Growth Planning Core Team, Vice-Chairman Greer
Cape Fear Convention & Visitors Bureau, Commissioner Boseman
Council of Governments Executive Committee, Commissioner Caster
Council of Governments Region “O” EMS, Commissioner Caster
DARE, Inc. Board of Directors, Commissioner Pritchett
New Hanover County Board of Fire Commissioners, Commissioner Pritchett
New Hanover County Board of Health, Vice-Chairman Greer
Human Services Transportation Advisory Board, Commissioner Boseman
Human Relations Commission, Commissioner Pritchett
Juvenile Crime Prevention/Criminal Justice Advisory Board, Vice-Chairman Greer
Legion Stadium Committee, Commissioner Caster and Commissioner Boseman
Lower Cape Fear River Program Advisory Board, Commissioner Caster
Lower Cape Fear Water & Sewer Authority, Commissioner Caster
Military Affairs Committee, Commissioner Caster
New Hanover Regional Medical Center Board of Trustees, Commissioner Caster
Parks & Recreation Advisory Board, Vice-Chairman Greer
Port, Waterway and Beach Commission, Commissioner Caster
Solid Waste Advisory Board, Commissioner Pritchett
Southeastern Center Area Board of Directors, Commissioner Pritchett
Tidal Creek Watershed Advisory Committee, Commissioner Caster
Transportation Advisory Committee, Commissioner Boseman
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 363
Wilmington Industrial Commission, Vice-Chairman Greer
Wilmington Regional Film Commission, Vice-Chairman Greer
After discussion, it was the consensus of the Board that the following committees and boards
were no longer needed:
Cape Fear River Corridor Study Committee
City/County Water & Sewer Unification Committee
Comprehensive Land Use Plan Steering Committee
Northeast Branch Library Project Committee
Program Area Committee for Kirkland Revitalization (CDBG)
Pilots Ridge Master Plan Selection Committee
Citizens Solid Waste Task Force
Urban Planning and Growth Ad Hoc Committee
Discussion followed on making an appointment to the Council of Governments Regional
Growth Committee. Commissioner Caster recommended deferring action on this appointment until
more discussion has been held with Mr. Chris May, Executive Director of the Council of
Governments. After further discussion, the Board postponed this appointment.
COMMITTEE APPOINTMENTS
Appointments to the New Hanover County Board of Health
Chairman Davis announced that three vacancies needed to be filled on the Board of Health
and reported that five applications were received as follows: Three applications representing the
General Public, with one applicant, Henry “Hank” Estep desiring to be reappointed; one application
representing Nurses from Gela N. Hunter, a current member who desires to be reappointed; and one
application representing Pharmacists from W. Edwin Link, Jr., a current member who desires to be
reappointed.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to reappoint
Henry “Hank” Estep in the General Public category, Gela N. Hunter in the Nurse Category and W.
Edwin Link, Jr. in the Pharmacist Category to serve 3-year terms on the Board of Health with the
terms to expire December 31, 2003. Upon vote the MOTION CARRIED UNANIMOUSLY.
Appointments to the Human Relations Commission
Chairman Davis announced that two vacancies needed to be filled and five applications have
been received. He opened the floor to receive nominations.
Commissioner Boseman nominated Yvonne Pagan. The nomination was seconded by
Commissioner Pritchett.
Commissioner Caster nominated Father Thomas P. Hadden. The nomination was seconded
by Commissioner Pritchett.
Commissioner Caster nominated Marla D. Rice-Evans. The nomination was seconded by
Vice-Chairman Greer.
There being no further nominations, Chairman Davis declared the nominations closed.
Commissioner Pritchett questioned whether a person could serve on more than one
committee.
Clerk to the Board Lucie F. Harrell responded that a person could serve on no more than two
committees.
Chairman Davis called for a vote on the appointment of Yvonne Pagan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 364
Vote:
Upon vote, the motion to appoint Ms. Pagan failed by a 1 to 4 vote as follows:
Voting Aye:Commissioner Boseman
Voting Nay:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Chairman Davis called for a vote on the appointment of Father Thomas P. Hadden.
Vote:
Upon vote, the Board voted unanimously to appoint Father Thomas P. Hadden to serve a 3-
year term on the Human Relations Commission with the term to expire December 31, 2003.
Chairman Davis called for a vote on the appointment of Marla D. Rice-Evans.
Vote:
Upon vote, the Board voted 4 to 1 to appoint Marla D. Rice-Evans to serve a 3-year term on
the Human Relations Commission with the term to expire December 31, 2003 as follows:
Voting Aye:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Voting Nay:Commissioner Boseman
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING
OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 10:49 A.M. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 12:26 P.M.
APPOINTMENT OF CHAIRMAN TED DAVIS, JR. AS THE VOTING DELEGATE AND
APPOINTMENT OF WILLIAM A. CASTER AS THE ALTERNATE DELEGATE TO THE
NORTH CAROLINA LEGISLATIVE GOALS CONFERENCE
Chairman Davis announced that the Board has been requested to designate a Commissioner
to serve as the Voting Delegate for New Hanover County at the Legislative Goals Conference of the
N. C. Association of County Commissioners Legislative Goals Conference to be held on January 11-
12, 2001 in Pinehurst, North Carolina. He also requested the Board to appoint an Alternate Voting
Delegate.
Motion:
After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster,
to appoint Chairman Davis to serve as the Voting Delegate and Commissioner Caster to serve as the
Alternate Voting Delegate for the Legislative Goals Conference. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS
Chairman Davis apologized for not announcing that the award of a contract for the Mason
Inlet Dredging project has been postponed during the non-agenda items. He stated that Mr. Steve
M. Vosnock was present and would like to comment.
Mr. Steve M. Vosnock, a resident of 1109 Marathon Avenue, Castle Hayne, N.C., asked if
the County had received only one bid whether the contract could be awarded.
County Manager O’Neal responded that if the bid was responsible and met the qualifications
and specifications, it could be awarded by the Board of County Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 365
Mr. Vosnock stated that in his opinion, the 3-bid rule was waived in this situation. He also
referenced executing a contract for dredging the inlet, and he asked if there would be contracts for
people who are going to pay for the project.
County Attorney Copley responded that assessments will be made to each benefitted property
owner according to where the property is located. All of these property owners have received a
notice, and when the project is completed, each benefitted property owner will receive a bill for the
exact amount of the assessment. This is public information and it can be obtained from the Legal
Department or Tax Department.
Announcement of the Holiday Extravaganza for New Hanover County Community Action,
Inc.
Commissioner Casterannounced that Mr. Steve Bilzi delivered notice of the Holiday
Extravaganza for New Hanover County Community Action, Inc. to be held on December 20, 2000.
He stated that no formal invitations were forwarded to the Board.
Discussion of Guidelines for Meetings
Chairman Davis requested that the Board discuss his suggested “guidelines for meetings” at
th
the January 8, 2001 meeting. He asked if the meeting on the 8 should begin at 5:30 P.M. with the
Public Hearing beginning at 7:00 P.M. Effective February 5, 2001, the Public Hearings will begin
at 6:30 p.m.
Ms. Lucie F. Harrell, Clerk to the Board, requested the Board to consider a motion to begin
all evening meetings at 5:30 P.M. in order to avoid having to advertise each meeting.
Motion:
Chairman Davis MOVED, SECONDED by Vice-Chairman Greer, to begin all evening
meetings at 5:30 P.M. effective January 8, 2001. The Public Hearing portion of the January 8, 2001
meeting will begin at 7:00 P.M. and effective February 5, 2001, the Public Hearing portion of all
meetings will begin at 6:30 P.M.
Reminder of the Joint Meeting with the Wilmington City Council
Chairman Davis announced that a joint meeting with the Wilmington City Council has been
scheduled on January 22, 2001 at 1:00 P.M. in Council Chambers after the regular meeting. The
purpose of the meeting is to meet with Kurt Jenne, the Consultant from the Institute of Government,
to discuss the organizational structure of the consolidation study.
Schedule of Meeting
After a request from the County Manager to schedule additional meetings, it was the
consensus of the Board to schedule the following meetings:
Work Session on Capital Projects
- January 18, 2001
5:45 P.M. - Room 501, New Hanover County Administration Building
320 Chestnut Street, Wilmington, North Carolina
Budget Retreat
- Friday, January 26, 2001 - 1:00 P.M. until 5:00 P.M.
Saturday, January 27, 2001 - 9:00 A.M. until 12:00 P.M.
New Hanover County Training Room
216 North Second Street, Wilmington, N. C. 28401
Discussion of Proclamations
County Manager O’Neal referenced the situation with the proclamation for Falun Dafa Day
in New Hanover County, and he requested the Board to authorize him to inform persons requesting
adoption of a proclamation that it is not a local government matter and that the Board will not
consider the request. If they are not satisfied, an appeal can be made to the Chairman of the Board.
The Board agreed to authorize the County Manager to implement the policy.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, DECEMBER 18, 2000 PAGE 366
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 1:15 P. M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board