2001-08-20 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 721
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
nd
August 20, 2001, at 9:00 A.M. in the 2 Floor Conference Room of the New Hanover County
Library, 216 Chestnut 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
Reverend James Mallory, Jr., Pastor of Fifth Avenue United Methodist Church, gave the
invocation.
Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag.
Chairman Davis called the meeting to order and stated on behalf of the Board, he would like
to wish Commissioner Julia Boseman a Happy Birthday.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove a Consent
Agenda Item.
After referring to Consent Agenda Item 5, Chairman Davis, on behalf of the Board,
recognized Ms. Patricia J. Raynor, Collector of Revenue and her Staff for the excellent job performed
in the collection of taxes.
A round of applause was given to Ms. Raynor and her Staff.
Vice-Chairman Greer requested time to discuss Consent Agenda Item 11.9.
Commissioner Caster referenced Consent Agenda Item 8 and informed the Board that when
the Port, Waterway and Beach Commission met last week, discussion was held on the lack of funding
for the Wrightsville Beach nourishment project. In an effort to support the Wrightsville Beach Board
of Aldermen, a resolution has been prepared for the Board of County Commissioners to oppose a
reduction in federal funding for beach nourishment projects.
Vice-Chairman Greer referenced Consent Agenda Item 11.9 and requested an explanation of
the Administrative Reserve line item in the budget amendment.
Public Information Officer Mark Boyer responded that funds in the Administrative Reserve
account will be used to replace equipment for the New Hanover County TV System. He explained
that parts of the system will need to be replaced every two years and stated that the reserve will be
in place so no additional funding will be needed from the County’s general fund.
There being no further comments, Chairman Davis called for a motion to approve the Consent
Agenda.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Work Session with the Citizens Solid Waste
Advisory Board held on June 14, 2001, as presented by the Clerk to the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 722
Adoption of Resolution Awarding Contract #01-0339 to Scrap Tire Management Central
Carolina Tire Disposal
The Commissioners adopted a resolution awarding Contract #01-0339 to Central Carolina
Tire Disposal for the collection, transportation, processing, and management of scrap tires generated
in New Hanover County. The Chairman was authorized to execute the necessary contract
documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 5.
Acceptance of FY 2001-2002 HUD Grant and Approval of Associated Budget Amendment #02-
0026
The Commissioners accepted the standard HUD Cooperative Agreement Continuation grant
in the amount of $40,000 for the Human Relations Department and approved the associated budget
amendment. The County Manager was authorized to sign the necessary grant documents.
BUDGET AMENDMENT: # 02-0026
ADJUSTMENTDEBITCREDIT
HUD Grant$10,800
Travel and Training$10,800
Explanation:
To decrease the budget to the actual amount of the FY 2002 HUD grant award.
(Budgeted at $50,800; actual award was $40,000.)
Acknowledgment of New Hanover County Board of Education FY 2001-2002 Budget
Resolution
The Commissioners acknowledged the resolution and use of the fund balance (local funds)
in the amount of $2.5 million to fund current expenses in the New Hanover County Board of
Education FY 2001-2002 Budget.
A copy of the New Hanover County Board of Education resolution is hereby incorporated
as a part of the minutes and is contained in Exhibit Book XXVII, Page 5.
Approval of Collection Settlement Reports and Charge of 2001 Levy
The Commissioners accepted the 2000 Settlement of Tax Collections for New Hanover
County and the New Hanover County Fire District; the Settlement of Delinquent Taxes for New
Hanover County and the New Hanover County Fire District; and charged the Collector of Revenue
Patricia J. Raynor with collection of the 2001 levy.
Copies of the settlement reports and the charge are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXVII, Page 5.
Approved Release of Values - Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers.
Applications and letters explaining late filing are available upon request in the Tax Office.
Mathis, Debbie A.$20,000
Nelson, Thomas C.$20,000
Regnier, Robert H.$20,000
Warner, Alice Johnson$20,000
Acceptance of Tax Collections Reports for the Month Ending July 31, 2001
The Commissioners accepted the following Tax Collections Reports for the month ending July
31, 2001, as presented by the Collector of Revenue Patricia J. Raynor:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 723
New Hanover County
New Hanover County Fire District
Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit
Book XXVII, Page 5.
Adoption of Resolution Opposing Reduction of Federal Funding for Beach Nourishment
Projects
The Commissioners adopted a resolution opposing the reduction in federal funding for beach
nourishment projects as requested by the Wrightsville Beach Board of Aldermen.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 5.
Adoption of a Resolution to Amend the New Hanover County Purchasing Policy Pursuant to
N. C. House Bill 1169 Regarding an Increase in the Formal Bid Threshold
The Commissioners adopted a resolution to amend the New Hanover County Purchasing
Policy to increase the formal bid threshold from $30,000 to $50,000 pursuant to enactment of N. C.
House Bill 1169.
A copy of the revised Purchasing Policy is on file in the Finance Office.
Adoption of Resolution Declaring September 15, 2001 as the Keep America Beautiful “Big
Sweep Day” and Approval of Tipping Fee Waiver for the Big Sweep Beach Cleanup
“New Hanover
The Commissioners adopted a resolution declaring September 15, 2001 as
County Big Sweep Day”
and approved a wavier of the tipping fee for the Big Sweep Beach
Cleanup. All citizens were encouraged to participate in the event.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 5.
Approval of Budget Amendment # 02-0021
The Commissioners approved the following budget amendment:
BUDGET AMENDMENT: #02-0021
ADJUSTMENTDEBITCREDIT
General Fund:
County Commissioners:
Appropriated Fund Balance$702,982
Finance:
Departmental Supplies$ 786
Information Technology:
Contracted Services$ 50,535
Computer Expenses$ 82,858
Tax:
Departmental Supplies$ 1,439
Computer Expenses$ 520
Register of Deeds:
Contracted Services$ 26,610
Departmental Supplies$ 2,687
Computer Expenses$ 1,830
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 724
Vehicle Management:
M & R - Auto & Trucks$ 1,221
Property Management:
M & R - Buildings & Grounds$ 44,777
M & R - Equipment$ 650
Departmental Supplies$ 2,900
Building$ 22,261
Capital Outlay - Equipment$ 1,550
Engineering:
Contracted Services$ 500
Cemetery Maintenance$ 1,792
Non-Departmental:
Other Improvements$218,947
911 Service:
Departmental Supplies$ 2,455
Contributions To Outside Agencies$ 17,480
Computer Expenses$ 1,050
Sheriff/Administration:
Computer Expenses$ 1,562
Sheriff/Jail:
Capital Outlay - Equipment$ 5,250
Sheriff/Jail-Out of County Housing:
Departmental Supplies$ 1,033
Emergency Management:
Contracted Services$ 13,267
Courts/Clerk of Superior Court:
Departmental Supplies$ 12,778
Courts/Court Functions:
Computer Expenses$ 2,058
Inspections:
Contracted Services$ 3,273
Computer Expenses$ 3,252
Capital Outlay - Equipment$ 68,777
Planning:
Contracted Services$ 9,163
Computer Expenses$ 5,363
Airlie Gardens:
Equipment Rent$ 2,941
Advertising Cost$ 3,700
Public Health/Animal Control:
Motor Vehicle Purchases$ 22,143
Public Health/Administration:
Computer Expenses$ 2,577
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 725
Public Health/Navigator Partnership:
M & R - Equipment$ 1,058
Public Health/Maternal Outreach:
Capital Outlay - Equipment$ 5,323
Social Services/Administration:
Contracted Services$ 3,450
Computer Expenses$ 11,436
Library:
Computer Expenses$ 429
Parks:
Contracted Services$ 2,476
Other Improvements$ 4,054
Museum:
Contracted Services$ 17,440
Departmental Supplies$ 13,069
Other Improvements$ 2,335
Computer Expenses$ 1,927
Fire District:
Fire Departments:
Appropriated Fund Balance$ 19,507
Contracted Services$ 1,050
Radios$ 2,842
Miscellaneous$ 3,531
Fire Services Administration:
Safety Equipment$ 2,200
Fire Operations:
Safety Equipment$ 7,484
M & R - Auto & Trucks$ 2,400
Environmental Management Fund:
Landfill Operations:
Appropriated Fund Balance$1,206,592
Contracted Services$291,088
Recycling:
Contracted Services$ 18,500
Wastec/Administration:
Other Improvements$ 54,000
Capital Outlay - Equipment$739,485
Wastec/Maintenance:
M & R - Equipment$ 99,464
Dues & Subscriptions$ 4,055
Sewer Operating Fund:
Appropriated Fund Balance$ 382,722
Water and Sewer Finance:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 726
Departmental Supplies$ 639
Water and Sewer Engineering:
Contracted Services$ 61,734
M & R - Equipment$ 5,041
Capital Project Expense$ 3,995
Capital Outlay - Equipment$162,777
Motor Vehicle Purchases$148,536
Explanation:
To budget appropriated funds for outstanding purchase orders as of June 30, 2001.
The amounts should be added to each appropriation as it appears in the Budget Ordinance in order
to account for the payment against the fiscal year in which it is paid (adopted in the Budget
Ordinances for FY 2001-2002 dated June 18, 2001).
Approval of Budget Amendment #02-0022-Public Health/Health Education
The Commissioners approved the following budget amendment:
Budget Amendment #: 02-0022 - New Hanover County Health Department
ADJUSTMENTDEBIT CREDIT
Safe Kids Coalition$800
Departmental Supplies $800
Explanation:
To budget an $800 grant received from Safe Kids Coalition for the purchase of bicycle
helmets.
Approval of Budget Amendment #: 02-0023
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Safe Roads Grant-Sheriff's Dept.$55,052
Supplies$ 4,846
Auto Supplies$ 1,700
Training and Travel$ 2,870
Motor Vehicles$45,636
Gates Foundation Grant-Library$ 766
Supplies$ 766
Hazard Mitigation-/Project Impact Grant$ 9,137
Hazard Mitigation-Schools Retrofit Grant$ 560
Hazard Mitigation-contract services$ 9,137
Schools Retrofit-contract services$ 560
Hazard Mitigation Grant-Planning$ 743
Computer Expenses$ 743
Explanation
: To rollover unexpended grant funds from FY 2000-2001 to FY 2001-2002.
Approval of Budget Amendment #: 02-0024
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 727
ADJUSTMENTDEBITCREDIT
General Fund:
County Commissioners:
Appropriated Fund Balance$1,299,860
Information Technology:
Contracted Services$ 6,000
Register of Deeds:
Contracted Services$ 20,000
Training & Travel$ 5,000
Property Management:
Building$276,000
Non-Departmental:
Other Improvements$ 18,200
Planning:
Contracted Services$ 20,000
Airlie Gardens:
M & R - Buildings & Grounds$269,000
Other Improvements$181,000
Public Health/Epidemiology:
Contracted Services$ 16,532
Departmental Supplies$ 34,115
Capital Outlay - Equipment$ 28,583
Parks:
Other Improvements$ 95,000
Museum:
M & R - Buildings & Grounds$330,430
Fire District:
Fire Departments:
Appropriated Fund Balance$ 258,757
Emergency Measures$ 20,012
Seagate Volunteer Fire Dept.$ 26,787
Winter Park Volunteer Fire Dept.$ 55,517
Motor Vehicle Purchases$ 7,583
Other Improvements$ 15,227
Computer Expenses$ 57,466
Capital Outlay - Equipment$ 48,896
Fire Operations:
Firefighting Supplies$ 13,644
Capital Outlay - Equipment$ 13,625
Sewer Operating Fund:
Appropriated Fund Balance$1,515,997
Water and Sewer Engineering:
Capital Project Expense$1,204,625
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 728
Drainage:
Contracted Services$ 311,372
Explanation:
To rollover the following expenditures from FY 2000-2001 to FY 2001-2002. The
above items were budgeted in FY 2000-2001, but completion of transactions did not occur prior to
June 30, 2001.
General Fund:
Information Technology:
Funds for Microsoft audit.
Register of Deeds:
Carry-over funds related to conversion of old files and training employees in new
process.
Property Management:
Funds for completion of Division Drive building project.
Non-Departmental:
Carry-over funds for the broadcasting of County meetings project.
Planning:
Funds for Natural Heritage Study.
Airlie Gardens:
Carry-over of funds for improvements.
Public Health:
Funds for medical records bar coding project (previously carried over from FY
1999-2000 to FY 2000-2001).
Parks:
Carry-over funds for replacement of Hugh MacRae ball field lighting.
Museum:
Funds for removal and replacement of museum building facade.
Fire District:
Carry-over of funds for rebuilding a truck and purchasing rescue equipment, mobile
data terminals (MDT's), and a storage building.
Water and Sewer Engineering:
Funds for water and sewer and drainage projects.
Approval of Budget Amendment: #02-0025-Cooperative Extension
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Revenue-Other$85,000
Cooperative Extension Expense$85,000
Explanation:
To establish the FY 2001 Budget for Cooperative Extension's extended projects.
Approval of Budget Amendment #: 02-0027- Public Health/Navigator Partnership
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Partnership For Children Grant$126,000
Salaries and Wages$113,514
Social Security Taxes$ 8,684
Retirement-Local Govt. Employee$ 5,162
Medical Insurance Expense$ 4,886
Long-Term Disability Insurance$ 296
Contracted Services$ 2,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 729
Cellular Expense$ 480
Printing Charges$ 500
Departmental Supplies$ 650
Employee Reimbursements$ 1,600
Employee Reimb./Uniforms$ 1,000
Training & Travel$ 1,000
Explanation
: To increase the Navigator Partnership budget to actual amount of the FY 2001-2002
grant award (budgeted at $24,000; actual award was $150,000).
Approval of Budget Amendment: #02-0028-Public Health/Navigator
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Title XIX Fees$25,656
State Grant$40,000
Office of Juvenile Justice (State)$12,656
Salaries and Wages$52,368
Social Security Taxes$ 4,006
Retirement-Local Govt. Employee$ 2,166
Medical Insurance Expense$ 4,886
Long-Term Disability Insurance$ 137
Cellular Expense$ 480
M & R - Equipment$ 1,400
Printing Charges$ 2,500
Departmental Supplies$ 1,771
Employee Reimbursements$ 600
Employee Reimb./Uniforms$ 1,000
Explanation:
To adjust the Navigator FY 2001-2002 budget to the actual amount of grant awards
and budget additional $25,656 in greater than anticipated Medicaid earnings. (Grants: (A) $12,656
Office of Juvenile Justice grant budgeted will not be awarded; and (B) $40,000 additional award
from North Carolina Department of Health and Human Services.)
Approval of Budget Amendment: #02-0030-Public Health/Maternal Outreach Workers
The Commissioners approved the following budget amendment:
ADJUSTMENTDEBITCREDIT
Partnership For Children Grant8,504
Salaries and Wages$6,363
Social Security Taxes$ 487
Retirement-Local Govt. Employee$ 315
Medical Insurance Expense$ 234
Cellular Expense$ 80
Employee Reimbursements $1,025
Explanation:
To rollover unexpended Cape Fear Memorial Foundation grant funds from FY
2000-2001 to FY 2001-2002.
Approval of Budget Amendment: #02-0037-County Manager's Office/NHC-TV
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 730
ADJUSTMENTDEBITCREDIT
Cable Franchise Fees$225,744
Salaries and Wages$49,183
Contracted Services$22,500
Computer Expenses$12,000
Administrative Reserve$92,061
Capital Outlay - Equipment$45,000
Advertising Cost$ 5,000
Explanation:
To establish a budget for the NHC-TV as a division of the County Manager's office.
A full-time position, part-time position, operating expenses, and capital outlay will be totally funded
by the increase in the cable franchise fees approved by the County Commissioners on August 6, 2001.
Full-year revenue and expenditures are estimated to be $270,894.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following persons to step forward to receive service
awards:
NameYears of Service
Timothy W. Alford - Sheriff's Department 5
Warren H. Holt, II - Inspections Department 5
Ellen M. Bennett - Sheriff's Department 5
Amanda G. Charles - Human Relations Department 5
Joseph E. Sheppard - New Hanover County Library 5
Billy R. Hinson - WASTEC10
Nancy R. Russ - Health Department10
Harold G. Adams - Sheriff's Department10
Craig B. Springer - Sheriff’s Department15
Patricia A. Johnson - Health Department15
Stephen T. Edens - WASTEC15
Evelyn E. Lorek - Finance Department15
Jenean N. Todd - Cape Fear Museum15
Betty M. Maynard - Sheriff's Department20
Martha H. Stein - Department of Social Services20
Marsha P. Hayes - New Hanover County Library20
Chairman Davis, on behalf of the Board, presented service awards to these employees and
expressed appreciation to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized:
Gladys Bryant - Board of Elections
Elizabeth Hardee - Health Department
Kristi Barnes - Health Department
Richard Christian - Juvenile Day Reporting Center
Martha Crawford - Department of Social Services
Cindy Riedel - Department of Social Services
Chairman Davis, on behalf of the Board, welcomed the new employees to County government
and wished them well in their new positions.
PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO
THE BUDGET DEPARTMENT FOR FISCAL YEAR BEGINNING JULY 1, 2000
Chairman Davis announced that notification has been received from the Government Finance
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 731
Officers Association of the United States and Canada that New Hanover County has qualified to
receive the Distinguished Budget Presentation Award for the tenth consecutive year. This award is
for New Hanover County's budget submitted for the fiscal year beginning July 1, 2000, and it is the
highest form of recognition in governmental budgeting.
On behalf of the Board, Chairman Davis presented the award to Budget Director Cam Griffin
and Staff. He congratulated them for the outstanding job performed in preparing the budgets for the
past ten years.
A round of applause was given to Budget Director Griffin and Staff.
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING TO THE FINANCE DIRECTOR AND STAFF
Chairman Davis announced that a Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers Association of the United States and
Canada to government units and public employee retirement systems whose comprehensive annual
financial reports achieve the highest standards in government accounting and financial reporting. He
th
advised that this was the 20 year that the New Hanover County Finance Department has received
the award.
On behalf of the Board, Chairman Davis presented the award to Finance Director Bruce Shell
and Staff. He congratulated them for an outstanding job in financial reporting.
A round of applause was given to Finance Director Shell and Staff.
PRESENTATION ON COASTAL ADULT DAY CARE/SENIOR HEALTH FAIR
Ms. Betty Ann Sanders, Executive Director of Coastal Adult Day Care, announced that on
Saturday, August 25, 2001, the Coastal Adult Day Care will be sponsoring its first Senior Health Fair.
There will be approximately 30 providers represented and 20 speakers. The fair will be held from
10:00 a.m. until 8:00 p.m. at the Westfield Shoppingtown Independence Mall.
In closing, Ms. Sanders invited the Commissioners to attend this event and hear the
outstanding speakers who will make presentations on the latest treatment for Alzheimers and
Parkinson’s Disease as well as information on the Patient Bill of Rights and other educational
programs for seniors.
ACTION DEFERRED ON USE OF BOND INTEREST EARNINGS BY CAPE FEAR
COMMUNITY COLLEGE
Dr. Eric McKeithan, President of Cape Fear Community College, requested the Board of
County Commissioners to allow CFCC to use un-budgeted interest earnings on the 1994 and 1997
bond issues. He advised that the money would be used for the following projects:
McLeon Building Elevator Tower$1,211,255
Renovate Entrance to the Northeast Corner of the Galehouse Building $ 38,745
Reserve$ 75,000
Total$1,325,000
In concluding his remarks, Dr. McKeithan requested the Board to allow interest earnings to
be used for these projects, particularly the elevator which is needed to meet ADA requirements. He
noted that Mr. Bobby Rippy, Chairman of the CFCC Board of Trustees, was present and would like
to comment.
Mr. Bobby Rippy spoke on the excellent educational programs being provided by CFCC and
stated there are many elderly students, disadvantaged students, and students in wheelchairs that
require use of an elevator. After working with the City of Wilmington, an agreement has been
reached to work on Front Street so it can become a one lane, one way street. The Trustees feel that
during the road construction, it would be an ideal time to install the elevator tower in the McLeod
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 732
Building. He urged the Board to approve the request to release the unbudgeted interest earnings on
the 1994 and 1997 bond issues for the stated purposes.
Chairman Davis asked if any member of the Board would like to comment.
Hearing no comments, Chairman Davis spoke on the importance of CFCC to New Hanover
County and surrounding areas and stated it was an inspiration to attend graduation ceremonies to see
how many people have overcome difficult situations to obtain a degree. He asked Dr. McKeithan
where the money would come from if the Commissioners deny the request.
Dr. McKeithan responded that he would have to request the N. C. Department of Community
Colleges to make a change in the bond issue for CFCC building projects to secure the funding.
Assuming the change is approved, there will a delay of 3 to 4 years in receiving the funds, and at the
end of that process, there will be a $1,325,000 shortfall which will eliminate other items in the
construction projects.
Chairman Davis asked Dr. McKeithan if funds are received from the County, would it be
possible to approach the State to see if the change can be approved so the County could be
reimbursed in 3 to 4 years.
Dr. McKeithan responded that he could request the change but time would be involved in
receiving the funds.
Commissioner Pritchett asked Dr. McKeithan if it would be helpful for the Board to defer
action on this item until the County knows if State reimbursements will be received.
Dr. McKeithan responded that deferring action would be of assistance; however, funding will
have to be found to pay architect fees.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Davis, to release the bond
interest earnings to CFCC for the three projects outlined.
Substitute Motion:
Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to
table the request for three months or until the County is notified about State reimbursements for the
intangible and inventory taxes. Upon vote, the SUBSTITUTE MOTION CARRIED 3 to 2.
Chairman Davis and Commissioner Caster voted in opposition.
County Manager O’Neal informed the Board that during better economic times, he would
have approved the request; however, with the uncertainly about State reimbursements, he felt there
was no choice but to deny the request, which is not a reflection on the excellent job being performed
by Dr. McKeithan.
JAIL PROJECT UPDATE AND APPROVAL OF BUDGET AMENDMENT #2002-09
Project Engineer Greg Thompson presented slides of the project showing the progress being
made and stated the piling installation should be completed by next week. The general contractor,
J.M. Thompson, has started the foundation work so the precast cells can be set in mid-September.
He requested Deputy County Manager Atkinson to report on the budget figures.
Deputy County Manager Atkinson reported that since April 23, 2001 budget update, the
estimated cost of the Jail Project has decreased from $55,281,432 to $47,132,000 because of
adjustments made to the Administrative Building, changes in the Project Expediter fee, and
renovations to the existing Law Enforcement Center. This represents a reduction of $8,149,432. In
order to bring the accounting budget in line with the architect’s budget, the proposed budget
amendment needs to be approved by the Board.
Chairman Davis stated that the overall cost of the project has been reduced and renovations
to the existing Law Enforcement Center have been decreased by $2,000,000. He stressed the
importance of the public understanding that renovations to the Law Enforcement Center will expand
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 733
the 911 Center and Emergency Operations Center, renovate the Magistrate’s Office, provide holding
cells for inmates scheduled to appear in courts, provide Administrative space for the Sheriff, and
accommodate the Civil Records Section. It is important for the public to know that this building will
be well utilized.
Discussion followed on how the new administration space for the new Jail would be used.
Project Engineer Thompson explained that the stone pad for the administration space will be one-
third of the proposed space for the Sheriff’s Administration Building. This space will be used to
house the Patrol Division and accommodate some training activities. The Board decided to place the
Patrol Division in the new Jail to avoid paying rent to the Airport.
Vice-Chairman Greer asked why the budget amendment increased the budget for the Jail
Capital Project when the total cost for the project had been reduced by approximately $8,000,000.
Deputy County Manager Atkinson responded that the accounting budget was being amended.
He explained that the County’s budget was only increased as items were bid and awarded. In order
to bring the budget up to $47,132,000, a budget amendment was needed to increase the current
balance of $40,000,000 to the total amount of $47,132,000. Since no contingencies were included
in the bid awards, a 7% contingency has been placed in the budget.
Hearing no further comments, Chairman Davis called for a motion to approve the budget
amendment.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve
Budget Amendment #2002-09 to bring the Jail Capital Project budget in line with the anticipated
budget. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition.
Budget Amendment #2002-09
ADJUSTMENT DEBITCREDIT
COPS Financing $6,458,696
Transfer in from EOC (Fund 338)$ 600,000
Capital Project Expense$7,058,696
EOC-Capital Project Expense$ 600,000
EOC-Transfer to Jail Capital Project$ 600,000
Explanation:
To increase the budget for the Jail Capital Project to the anticipated total cost of the
project. To budget a transfer of funds remaining in EOC Capital Project to the Jail Capital Project.
Discussion followed on water quality issues at the jail site. Project Engineer Thompson
reported when the water quality issues were questioned, the County contracted with Catlin Engineers
and Scientists to sample the well for the third time over the past two years to determine existing water
quality conditions. He introduced Mr. Rick Garrett of Catlin Engineers to comment on the last water
quality samples.
Mr. Rick Garrett advised that after sampling for metals and volatile organics in accordance
with Appendix I parameters, no compounds were present above the 2L North Carolina Groundwater
Standards. In addition, drilling was performed from the cap of the old landfill to the bottom to see
the thickness and presence of blue clay. The results showed that blue clay does not allow water to
penetrate. A test was also performed to show that the location of the water table was not within 5
feet of the surface of the 24 foot mound. The results of test showed that a small amount of water
does collect at the bottom of the landfill on top of the clay, which means the clay cap has performed
well in holding out moisture for a number of years. The clay on the bottom has performed well in not
allowing materials to pass through its surface. There were a few minor compounds that were
detected but none were above the State Standards.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 734
Discussion followed on concerns about the pilings penetrating the Castle Hayne Aquifer and
allowing contaminants to damage the quality of water. Mr. Garrett reported that after reviewing the
installation of the pilings, the blue clay is so thick and tight, it will create its own seal which will be
better than any manufactured product. He also noted that the pilings will be approximately 400 to
1,000 feet away from the landfill area, which will not damage the water quality.
Commissioner Pritchett asked Mr. Garrett if he felt the water quality problems have been
properly addressed.
Mr. Garrett responded that test results indicate there are no compounds above the 2L State
Standards which means the water quality will not be harmed.
Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Garrett for the
informative report.
ADOPTION OF RESOLUTION TO ESTABLISH A LIVING MEMORIAL POLICY
Chairman Davis advised that Commissioner Pritchett has requested the Board to adopt a
resolution to establish a Living Memorial Policy in honor and recognition of leadership, service and
dedication of departed citizens who have served New Hanover County as public officials, volunteers,
members of boards and commissioners or employees with long-standing service or contributions. He
requested Commissioner Pritchett to speak on the proposed policy.
Commissioner Pritchett noted that in the past, it has been the policy of the Board of County
Commissioners to send flowers if there is the death of a County Commissioner or someone of
prominence. She stated that she felt it would be more appropriate to plant a living memorial in the
form of a tree under the New Hanover County Tree Fund already established by Keep America
Beautiful.
Motion:
After discussion of the need for the Board to have a choice of recognizing leadership and
service of departed citizens, Commissioner Davis MOVED, SECONDED by Commissioner Pritchett,
to adopt the proposed resolution with the following changes:
•Paragraph 3 to read : The Board may choose to honor such great leadership by planting a tree
on the “Walk of Remembrance” in a New Hanover County Park.
•Paragraph 4 to read: The Board of Commissioners hereby establishes a policy that a
contribution may be made to the New Hanover County Tree fund in such instances as deemed
appropriate to establish a Living Memorial Program.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the revised resolution is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXVII, Page 5.
BREAK
Chairman Davis called a break from 10:15 A.M. until 10:30 A.M.
PUBLIC HEARING ON COUNTY’S APPLICATION FOR RURAL OPERATING
ASSISTANCE FUNDS
Assistant County Manager Patricia A. Melvin reported that New Hanover County was eligible
to receive an allocation of $106,089 from the N. C. Department of Transportation to provide
transportation assistance to the elderly, disabled, and general public in the unincorporated areas of
the County, and employment transportation to those who do no qualify for assistance from the
Department of Social Services programs.
Ms. Melvin advised that the grant application was approved by the Board of County
Commissioners on June 18, 2001 and was submitted to the N. C. Department of Transportation on
June 29, 2001. The grant funds will be used as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 735
Elderly/Disabled Transportation$69,838
General Public Transportation$21,085
Work First Transportation$15,166
Ms. Melvin requested the Board to hold a Public Hearing pursuant to North Carolina General
Statutes to obtain public comment concerning the application of funds received.
Chairman Davis opened the Public Hearing and asked if anyone from the public would like
to speak.
Hearing no comments, Chairman Davis closed the Public hearing.
Motion:
Chairman Davis MOVED, SECONDED by Commissioner Boseman, to accept the grant
in the amount of $106,089 and used the funds for the purposes outlined. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG)
FROM U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE-FY2001
Colonel Steve Smith requested Sergeant Fred Clingenpeel to report on the grant funds
received.
Sergeant Clingenpeel advised that based upon the Uniform Crime Report, Part 1 (Violent)
Crimes (per capita), New Hanover County has been awarded $130,594 from the Bureau of Justice
Assistance for FY 2001. The funding will be used to purchase law enforcement equipment, and the
match of $14,150 will be paid with Federal Forfeited Property funds. He requested the Board to hold
a Public Hearing as required by the General Statutes.
Chairman Davis asked if any of the grants funds could be used for the firing range.
Sergeant Clingenpeel responded that the grant funds could be used for the firing range.
Colonel Smith advised that originally, it was anticipated that the grant would be approximately
$70,000 to the Sheriff’s Department and the City would receive a larger amount; however, after
meeting with the Police Chief, it was decided to jointly apply for the grant and split the grant
allocation. The County and City will both receive $130,594 from the grant. The funds will be split
among the five divisions in the Sheriff’s Department to purchase equipment that was removed during
the budget process.
Commissioner Pritchett spoke on a television report regarding the availability of software at
a cost of approximately $400 to assist with locating missing persons and stated it was reported that
New Hanover County did not use the software, but adjoining counties did own and use the program.
She requested Colonel Smith to check into this matter and purchase this software if appropriate.
Colonel Smith advised that he thought the department was checking into use of the software
and stated that he would glad to report back to the Board.
Mr. Clingenpeel advised that pursuant to federal law, a Public Hearing must be held.
Chairman Davis opened the Public Hearing and asked if anyone from the public would like
to speak.
After hearing no comments, Chairman Davis closed the Public Hearing.
Mr. Clingenpeel recommended acceptance of the grant and authorization for the County
Manager to sign the grant documents.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 736
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to accept the
grant, approve associated Budget Amendment #02-0029 and authorize the County Manager to sign
the grant documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #02-0029
ADJUSTMENTDEBITCREDIT
LLEBG Grant-Sheriff’s Department$130,594
Transfer in from Federal Forfeited Property$ 14,510
Capital Outlay$145,104
Federal Forfeited Property
Capital Project Expense$ 14,510
Transfer to LLEBG Grant$ 14,510
Explanation:
To budget the LLEBG Grant awarded to Sheriff’s Department for FY 2001 and to set
up the transfer from Federal Forfeited Property to fund the required 10% match.
PUBLIC HEARING FOR THE N. C. DEPARTMENT OF TRANSPORTATION
(NCDOT)2001-2002 SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW
HANOVER COUNTY
Chairman Davis welcomed Mr. Lanny Wilson, a member of the N. C. Board of
Transportation, Mr. Robert A. Vause, P.E., District Engineer; Mr. H. Allen Pope, P.E., Division
Engineer; and Mr. Scott Cooke, P.E., New Hanover County Maintenance Engineer. He turned the
meeting over to Mr. Wilson.
Mr. Lanny Wilson noted that before the presentation was made on the Secondary Road
Construction Program for New Hanover County, he would like for the Board of County
Commissioners to consider two resolutions: (1) a resolution of support for upgrading the Highway
17 Bypass to interstate standards; and (2) a resolution of support for constructing an interchange off
the Highway17 Bypass on to Blue Clay Road so residents of Brunswick County will have better
access to the Wilmington International Airport in lieu of driving to the Myrtle Beach Airport.
Chairman Davis requested Mr. Wilson to provide the resolutions to County Manager Allen
O’Neal so the documents can be placed on the agenda for the next Board meeting scheduled on
Tuesday, September 4, 2001, at 5:30 P.M. in the Assembly Room of the New Hanover County
Courthouse, 24 North Third Street, Wilmington, North Carolina.
Mr. Allen Pope presented a brief report on construction of Smith Creek Parkway and stated
that Staff was in the process of scheduling meetings with the Board of County Commissioners and
the City Council to discuss the delays that will occur at Isabel S. Holmes Bridge, Third Street and
Castle Hayne during periods of construction. He assured the Board that every effort will be made
to inform the public and local governments about future delays.
In closing, Mr. Pope requested the Board to feel free to call the local NCDOT Office about
any concerns, and he turned the meeting over to Mr. Scott Cooke to present the 2001-2002
Secondary Road Construction Program for New Hanover County.
Mr. Cooke advised that North Carolina General Statute 136-44.5 requires before July 1 each
calendar year that the Department of Transportation shall make a study of all state-maintained
unpaved roads in order to determine the unpaved mileage in each county and the total in the state.
Each county’s allocation is determined by dividing the total allocation by the statewide mileage times
the number of miles in each county. Secondary road construction allocations are based upon the
amount of revenue generated by the gasoline tax, and the final total will not be known until the end
of the current fiscal year ending June 30, 2001. Should there be any significant change in the county
allocation, the Board of County Commissioners will be informed of any adjustments in the 2001-2002
Secondary Road Construction Program. Based on an unpaved mileage of approximately 2.22 miles
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 737
in New Hanover County compared to unpaved miles statewide, the secondary road allocation is
estimated at $51,544.
The North Carolina Board of Transportation has elected to continue paving down the same
lists used last year and a new list generated by the most recent unpaved road evaluation. These lists
are based on a paving priority rating system having two paving priorities in each county, one for rural
roads and one for residential/subdivision roads. The Board now requires a separate listing of roads
for each county showing the roads which have been previously skipped over for paving because the
right-of-way was not available. Although these roads will not be shown on either of the two paving
priority lists, provisions have been made for any such road to be reinstated to its prior position at such
time as the right-of-way becomes available, or as soon thereafter as reinstatement can be
administratively accomplished. A copy of the paving priorities and the list of roads with unavailable
rights-of-way was presented for the record.
The following Secondary Road Construction Program for New Hanover County was presented:
Estimated July 1, 2001 Total Allocation$51,544.00
Highway Fund$22,442.00
Highway Trust fund$29,102.00
Spot Stabilization,$ 7,322.00
Paved Road Improvements,$44,222.00
Safety Improvements and
Bridge Replacements
Roads for Grade, Drain, Base and Pave
SR133M, Marathon Avenue$44,222.00
From End of Pavement to End of System$ 0.00
Length 0.89 Miles
Priority 1F(S) 0.89
A copy of this proposed program is posted on the public bulletin board at the courthouse for
public review. This program is subject to availability of funding, right-of-way and environmental
review. The amount used in the cost of each priority is an estimate and is subject to variations due
to inflation, cost of materials, equipment rate changes, etc.
In closing, Mr. Cooke expressed appreciation for the opportunity to meet with the Board of
County Commissioners and the public to present the program. He noted that any recommended
deviations from this submission by the Commissioners must be in compliance with General Statute
136-44.8. If the right-of-way for any of the proposals is not available, the NCDOT will proceed with
the next priority until the right-of-way is acquired and funds are expended. The Board of County
Commissioners will be notified of changes in this program. In addition, at the end of each calendar
year, a detailed report of work accomplished and funds expended will be forwarded to the
Commissioners.
Chairman Davis asked if anyone from the public would like to speak on the expenditures of
the 2001-2002 Secondary Road Construction Program funds.
No comments were received.
Chairman Davis closed the Public Hearing and requested a motion to accept the program as
presented and submitted by the NCDOT.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the
2001-2002 Secondary Road Construction Program as presented by the NCDOT. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 738
A copy of the program is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVII, Page 5.
PERSONNEL POLICY-ARTICLE IX SEC. (C) 3-CONTINUATION OF INSURANCE
BENEFITS FOR COUNTY COMMISSIONERS
Chairman Davis advised that the continuation of insurance benefits for County Commissioners
was an item placed on the agenda by Commissioner Pritchett and Commissioner Boseman.
Commissioner Pritchett advised that under the New Hanover County Personnel Policy, Article
IX (C)(e) reads as follows:
County Commissioners who serve at least one (1) elected term will pay 50% of the total cost
of individual coverage until they become eligible for Medicare benefits.
Commissioner Pritchett proposed that this section be amended to read as follows:
County Commissioners who serve at least one (1) elected term may retain coverage under the
County’s group health insurance program at their own expense until they become eligible to
receive Medicare benefits. County Commissioners who serve at least two (2) elected terms
will be eligible for the same group health insurance benefits as those employees who retire
with fifteen (15) years but less than twenty (20) years of service.
Commissioner Pritchett advised that this means the County will pay only one-fourth of
individual coverage for the Commissioners after they leave office.
Chairman Davis presented background information on the Personnel Policy and advised that
on September 16, 1996, the Board comprised of Commissioner Greer, Commissioner Caster,
Commissioner Barone, Commissioner Mathews, and Commissioner Sisson passed a policy change
to allow retiring employees to remain under the medical and dental programs if they quality for
continued coverage and fall into the following categories:
(a)An employee who retires, under one of the provisions of the Local Governmental Employees
Retirement System with at least fifteen (15) years of creditable service but less than twenty
(20) years will pay 75% of the total cost for individual coverage.
(b)An employee who retires with at least twenty (20) years of service but less than twenty-five
(25) will pay 50% of the total cost for individual coverage.
(c)Employees with at least thirty (30) years of service will be allowed to continue individual
coverage at the prevailing employee rate.
(d) County Commissioners who serve at least two elected terms, which do not have to be
consecutive terms, will pay 50% of the total cost for individual coverage until they become
eligible for Medicare benefits.
Chairman Davis advised that when he was elected to serve on the Board in 1996, along with
Commissioner Birzenieks and Commissioner Howell, he was personally concerned that if he decided
to drop his private coverage to accept medical and dental coverages offered by the County and
developed a medical condition during the first term and was not re-elected to a second term, what
would happen when he tried to purchase medical insurance from the private sector with a pre-existing
condition. He stated after discussing this concern with members of the Board at that time, the
Personnel Policy was amended to change the benefit to allow a County Commissioner serving at least
one (1) term to pay 50% of the total cost of individual coverage until that person becomes eligible
to receive Medicare benefits. This policy is now in effect, and Commissioner Pritchett has made the
suggestion to change the one term to two terms with the County paying 25% of the individual
coverage instead of 50% for Commissioners leaving office.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 739
Chairman Davis referenced the concern expressed by Commissioner Boseman regarding the
amount of money that would be spent by the County to pay for a person 35 to become eligible to
receive Medicare benefits.
Commissioner Boseman spoke on being concerned about the policy and suggested eliminating
the medical benefit for County Commissioners after leaving office. She stated that the policy was
amended to one term by three first-term Commissioners who put the policy in effect for themselves.
Chairman Davis responded that if an employee begins working for the County at 20 years of
age and retires 20 years later, the County will be paying for a portion of their medical insurance until
age 65; therefore, he could not understand the concern expressed by Commissioner Boseman.
Commissioner Boseman spoke on it being an honor to serve the people and stated that the
position should not be used for personal gain.
Chairman Davis advised that he gave up his private insurance to participate in the group
policy offered by the County and stated that he should not be penalized because he chose to run for
office. If he developed a medical condition during his term of office, it would be difficult to obtain
private insurance with a pre-existing condition. The Commissioners are not eligible for retirement
and very few benefits are offered to Commissioners; therefore, he did not have a problem with the
medical insurance benefit.
Commissioner Caster advised that when he became a member of the Board, he remained
under CHAMPUS and stated when he decided to take the County plan, it was a better plan. He
noted that he intends to switch back to CHAMPUS when he leaves office.
Commissioner Boseman advised that if she stayed on the policy until age 65, the County
taxpayers would pay $73,800 for her coverage.
Chairman Davis asked Commissioner Boseman how she felt about a person hired at 20 years
of age and retiring at 40.
Commissioner Boseman responded that people who work 20 years for the County deserve
the medical benefit when they retire; however, County Commissioners are not full time employees
and should not have the same benefit with only eight years of service.
Vice-Chairman Greer spoke on researching the minutes back to 1984 and stated that since
that time 23 people have been elected to serve as a County Commissioner. Under the one term
policy, only 8 of the 23 County Commissioners would be eligible to receive medical benefits with 4
of the 8 in their late 50's or early 60's. He disagreed with the statement regarding a County
Commissioner using the office for personal gain and stated that with the time given to serve in this
capacity, he did not have a problem with the medical insurance benefit. He suggested revising the
policy back to the 1996 amendment which allows a County Commissioner serving at least two elected
terms to pay 50% of the total cost for individual medical coverage until becoming eligible for
Medicare benefits.
Motion:
Vice-Chairman Greer MOVED to change the policy back to the one adopted in 1996 which
requires a Commissioner to serve two terms with payment of 50% for individual medical coverage
until becoming eligible for Medicare benefits.
Chairman Davis requested Vice-Chairman Greer to amend the motion to state if a
Commissioner serves one elected term that person will be eligible to remain on the County’s medical
plan with payment of the entire premium until age 65.
Amended Motion:
Vice-Chairman Greer MOVED, to amend Article IX of the County Personnel
Policy to allow a County Commissioner serving one term to retain coverage under the County’s
group health insurance program at their own expense until becoming eligible for Medicare benefits
and to allow a Commissioner serving two elected terms to pay 50% of the total cost of individual
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 740
medical coverage under the County’s health insurance program until they become eligible for
Medicare benefits. Commissioner Caster SECONDED THE MOTION for the sake of discussion.
Discussion followed on the proposal submitted by Commissioner Pritchett. Commissioner
Caster spoke in favor of this proposal and stated that he felt the two former Commissioners and
current five Commissioners should be grandfathered in under the proposed change.
Substitute Motion:
After further discussion, Commissioner Caster MOVED to change Article IX
of the New Hanover County Personnel Policy to allow Commissioners serving at least one elected
term to retain coverage under the County’s group health and dental insurance programs at their own
expense until they become eligible for Medicare benefits, and to allow Commissioners serving at least
two elected terms, which do not have to be consecutive terms, to be eligible for the same group
health insurance benefits as those employees who retire with fifteen (15) years but less than twenty
(20) year of service with this change becoming effective August 20, 2001. This policy applies to all
Commissioners elected for the first term after this date.
Commissioner Pritchett SECONDED THE MOTION.
Vice-Chairman GREER WITHDREW his motion.
Substitute Motion:
Commissioner Boseman MOVED to eliminate sections of Article IX providing
medical and dental benefits to County Commissioners after leaving office. Due to the lack of a
SECOND, THE MOTION FAILED.
Chairman Davis called for a vote on the SUBSTITUTE MOTION made by Commissioner
Caster and seconded by Commissioner Pritchett. Upon vote, the MOTION CARRIED 4 TO 1.
Commissioner Boseman voted in opposition.
CONSIDERATION OF RESOLUTION REQUESTING NEW HANOVER COUNTY
LEGISLATIVE DELEGATION TO INTRODUCE AND SUPPORT A ONE-CENT LOCAL
OPTION SALES TAX FOR EDUCATION
Chairman Davis requested the Board to consider adopting a resolution to request enabling
legislation for New Hanover County to implement a one-cent local option sales tax for education.
Motion:
After hearing no discussion, Chairman Davis MOVED to adopt a resolution to request the
General Assembly to approve enabling legislation to allow New Hanover County to implement one-
cent local option sales tax to be used for education.
Commissioner Caster commended Chairman Davis for his effort but stated that he did not feel
this authority would be granted during this session of the General Assembly because of budget
constraints. He also expressed concern for this action being interpreted by some members of the
General Assembly as inappropriate when the State is trying to enact a one-cent or half-cent sales tax
to provide reimbursements to counties for intangibles and inventory taxes.
After further discussion, the MOTION DID NOT RECEIVE A SECOND AND FAILED.
COMMITTEE APPOINTMENTS
Reappointment of Milton Randolph Johnson and Robert H. Johnson, Jr. to Serve on the Adult
Care Home Community Advisory Committee
Chairman Davis announced that two vacancies needed to be filled on the Adult Care Home
Community Advisory Committee. He reported that three applications were received, with two
applicants, Milton Randolph Johnson and Robert H. Johnson, Jr., eligible for reappointment and one
application in the name of Clara Lamb.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint
Milton Randolph Johnson and Robert H. Johnson, Jr. to serve 3-year terms on the Adult Care Home
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 741
Community Advisory Committee to expire August 31, 2004. Upon vote, the motion carried
unanimously.
Appointments to the Board of Mechanical Examiners
Chairman Davis announced that five vacancies needed to be filled on the Board of Mechanical
Examiners in the following categories. He opened the floor to receive nominations.
A.1 - Mechanical Journeyman - Class I
Five Applicants:
Anthony Adam Cliff
Donald K. Lewis
James S. Williams, III
Thomas L. Crittenden, Jr.
Charles T. Ohnmacht, Sr.
Commissioner Boseman nominated Charles Ohnmacht, Sr. The nomination was seconded
by Commissioners Caster.
Vice-Chairman Greer asked how to distinguish the difference between a Class I or Class II
Mechanical Journeyman.
Clerk to the Board, Lucie F. Harrell, advised that all applications were forwarded to the
Inspections Department to be sure the applicants were certified and licensed to serve in these
categories. She offered to check again with the Inspections Department if the Board was
uncomfortable with making the appointments.
After discussion, Commissioner Caster suggested proceeding with the appointments and
allowing the Clerk to be sure each person appointed was qualified to serve in that category.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
Upon vote, the Board voted unanimously to appoint Charles T. Ohnmacht, Sr. to serve as a
Mechanical Journeyman Class I on the Board of Mechanical Examiners for a term of one year to
expire August 31, 2002.
B.1 - Mechanical Journeyman - Class III
Three Applicants:
Thomas L. Crittenden, Jr.
Quenton B. Hill
Michael Joseph Hauck
Chairman Davis opened the floor to receive nominations.
Commissioner Caster nominated Michael Joseph Hauck. The nomination was seconded by
Commissioner Boseman.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
Upon vote, the Board voted unanimously to appoint Mr. Michael Joseph Hauck to serve as
a Mechanical Journeyman Class III on the Board of Mechanical Examiners for a term of one year to
expire August 31, 2002.
C.2 - Mechanical Contractors
Four Applicants:
James Robert Croom, Sr.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 742
Donald K. Lewis
James S. Williams, III
Chairman Davis opened the floor to receive nominations.
Commissioner Pritchett nominated James S. Williams, III. The nomination was seconded by
Commissioner Caster.
Commissioner Caster nominated Donald K. Lewis. The nomination was seconded by
Commissioner Boseman.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
Upon vote, the Board unanimously appointed James W. Williams, III and Donald K. Lewis
to serve as Mechanical Contractors on the Board of Mechanical Examiners for two-year terms to
expire August 31, 2003.
D.1 - N.C. Registered Mechanical Engineer
No Applications
Discussion was held on the lack of applications received for the N. C. Registered Mechanical
Engineer. Clerk to the Board Lucie F. Harrell informed the Board that numerous advertisements had
been placed in the paper with no applications received to fill the vacancy.
Motion:
After discussion of receiving no applications for the vacant N. C. Registered Mechanical
Engineer position and the fact that David Sims has agreed to serve another term, Commissioner
Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint David Sims to serve as the N.
C. Registered Mechanical Engineer on the Board of Mechanical Examiners for a two-year term to
expire August 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Reappointment of Robert L. Mayo and Appointment of John P. Gangemi, James C. Mahony,
and J. Richard Tamisiea to Serve on the Library Advisory Board
Chairman Davis announced that four vacancies needed to be filled on the Library Advisory
Board and reported that six applications have been received, with one applicant, Robert L. Mayo,
eligible for reappointment. He also noted that a letter had been received from from Ms. Mary
Hatcher, Chairman of the Library Advisory Board, requesting appointment of Ms. Lethia Hankins
to serve a third term. He requested direction from the Board on this request.
Commissioner Pritchett advised that since the Board has tried to comply to the two-term limit,
she would suggest not considering Ms. Hankins for appointment to a third term, but request the
Library Advisory Board to consider allowing Ms. Hankins to serve in an advisory capacity until she
had been off the board for a year and would become eligible for appointment pursuant to the Library
Bylaws and County Committee Policy.
Chairman Davis opened the floor to receive nominations.
Commissioner Caster nominated Robert L. Mayo for reappointment. The nomination was
seconded by Chairman Davis.
Vote:
Upon vote, the Board unanimously reappointed Robert L. Mayo to serve a three-year term on
the Library Advisory Board to expire August 31, 2004.
After referring to the letter from Ms. Hatcher and commenting on importance of certain
people remaining on a board or committee for another term, Vice-Chairman Greer nominated Lethia
Hankins to serve a third term. The nomination was seconded by Commissioner Boseman.
Vote:
Upon vote, the Board voted 2 to 3 not to appoint Ms. Hankins to serve a third term. Vice-
Chairman Greer and Commissioner Boseman voted in favor of the reappointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 743
After discussion of being consistent and complying to the New Hanover County Committee
Appointment Policy, Commissioners Pritchett requested Chairman Davis to write a letter to Ms.
Hankins informing her of the two-term limit and requesting her to serve in an advisory capacity on
the Library Advisory Board.
Consensus:
It was the consensus of the Board to authorize Chairman Davis to write a letter to Ms.
Hankins as requested.
Commissioner Caster nominated Dr. Richard Tamisiea. The nomination was seconded by
Commissioner Pritchett.
Vote:
Upon vote, the Board voted unanimously to appoint J. Richard Tamisiea to serve a three-year
term on the Library Advisory Board to expire August 31, 2004.
Commissioner Caster nominated James C. Mahony. The nomination was seconded by Vice-
Chairman Greer.
Vote:
Upon vote, the Board voted 4 to 1 to appoint James C. Mahony to serve a three-year term on
the Library Advisory Board to expire August 31, 2004. Commissioner Caster, Chairman Davis, Vice-
Chairman Greer, and Commissioner Pritchett voted n favor of the appointment.
Commissioner Caster nominated John P. Gangemi. The nomination was seconded by
Commissioner Pritchett.
Vote:
Upon vote, the Board voted 3 to 2 to appoint Mr. John P. Gangemi to serve a three-year term
on the Library Advisory Board to expire August 31, 2004. Commissioner Caster, Commissioner
Pritchett, and Chairman Davis voted in favor of the appointment.
Appointment to the Nursing Home Community Advisory Committee
Chairman Davis announced that two vacancies needed to be filled on the Nursing Home
Community Advisory Committee and reported that three applications were received, with two
applicants, Reverend John Fredlaw and D. Alton Parker, Jr., being eligible for reappointment. He
opened the floor to receive nominations.
Commissioner Boseman nominated Clara Lamb. The nomination was seconded by
Commissioner Caster.
Vice-Chairman Greer nominated D. Alton Parker, Jr. for reappointment. The nomination was
seconded by Commissioner Pritchett.
Hearing no further nominations, Chairman Davis declared the nominations closed.
Vote:
Upon vote, the Board voted unanimously to reappoint D. Alton Parker, Jr. to serve a three-
year term on the Nursing Home Community Advisory Committee with the term to expire August 31,
2004 and to appoint Clara Lamb to serve a one-year term to expire August 31, 2002.
APPROVED FORMATION OF THE PUBLIC HEALTH FOUNDATION OF NEW
HANOVER COUNTY
Health Director David Rice reported that the Public Health Foundation of New Hanover
County will be a local, non-profit organization dedicated to achieving a healthy New Hanover
County. It will be incorporated as a 501(C)(3) organization. It will be governed by a nine-member
Board of Directors who may appoint honorary directors. He advised that the mission of the Public
Health Foundation will be to insure accessibility of healthcare services, to promote good health
practices, to develop public health knowledge and methods, and to provide supportive management
and professional resources. This foundation will address the Strategic Planning Priorities of the New
Hanover County Board of Health and the New Hanover County Health Department, established in
October 2000. The New Hanover County Board of Health Executive Committee recommended
establishment of the Public Health Foundation to the Board of Health on June 28, 2001, and the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 744
Board Health approved submission of this request to the New Hanover County Board of
Commissioners.
After hearing no comments from the members of the Board, Chairman Davis called for a
motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to approve
formation of the Public Health Foundation of New Hanover County as recommended by the Board
of Health. Upon vote the MOTION CARRIED UNANIMOUSLY.
PRESENTATION OF CERTIFICATE OF APPRECIATION TO R. C. FOWLER
Chairman Davis, on behalf of the Board of County Commissioners, presented a Certificate
of Appreciation to R. C. Fowler in recognition of his generous contributions of time, talents, and
resources to New Hanover County. He stated that his donation of properties to the community and
dedicated effort in preserving the cemetery, buildings, and history of the once thriving Delgado Mills
community are greatly appreciated by the Board and the citizens of New Hanover County. He
expressed appreciation to Mr. Fowler for serving as a role model to the community.
Mr. Fowler expressed appreciation to the Board of County Commissioners for this special
recognition. He informed the Board that he was born in a row house in Delgado Mills in 1927 and
stated he truly loved New Hanover County.
A round of applause was given to Mr. Fowler.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 11:49 P.M. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 12:30 P.M.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda . He requested all persons speaking to limit their remarks
to three minutes.
No items were presented.
ADDITIONAL ITEMS BY COUNTY COMMISSIONERS
Discussion of Correspondence Received by the Board
Chairman Davis commented on the following items:
1. A letter received from Mr. Mark Lewis regarding questions pertaining to funding for Airlie
Gardens and New Hanover County Schools. He requested the County Manager to prepare
response to the letter on behalf of the Board.
2. A letter was received from Congressman Mike McIntyre inviting the Commissioners to attend
a roundtable discussion on “Securing Jobs for Southeastern North Carolina” to be held on
September 17, 2001 from 9:30 A.M. to 11:30 A.M. at the Southeastern Community College
in Whiteville, North Carolina.
County Manager O’Neal informed Chairman Davis that a letter had already been written to
Congressman McIntyre informing him that a regular meeting of the Board was scheduled for
th
the 17 beginning at 9:00 A.M.
3.A letter received from Mr. Harold G. Davis requesting the Board to honor veterans in New
th
Hanover County who served in the Korean War as part of the 50 Anniversary being
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 745
recognized by the U. S. Department of Defense. He advised that 16 people from New
Hanover County gave their lives in the Korean War and stated that the County can submit an
application to become a Commemorative Partner in honoring these veterans through adoption
of a resolution.
After discussion, Staff was requested to prepare a resolution in honor of these veterans and
to fill out an application to the Commemorative Partners with Mr. Harold Davis being
informed about this special recognition.
DISCUSSION OF REDUCING THE CURRENT TAX RATE BY THE REIMBURSEMENT
RECEIVED FROM THE STATE OF NORTH CAROLINA FOR INTANGIBLE AND
INVENTORY TAXES
Discussion was held on the $956,000 received as reimbursement for the intangible and
inventory taxes for the past fiscal year. Chairman Davis asked if the Board was in favor of
reimbursing the fund balance since the money was received for last year.
Commissioner Caster stated that the County was able to operate without receipt of the funds
during the last fiscal year; therefore, he felt the $956,000 should be used to reduce the current tax rate
as allowed under the legislation recently enacted.
Motion:
After a lengthy discussion, Chairman Davis MOVED, SECONDED by Commissioner
Caster, to reduce the current fiscal year tax rate by the $956,000 received from the State for
reimbursement of the intangibles and inventory taxes.
Tax Administrator Glasgow advised that tax bills were already being printed and stated that
the main problem with changing the tax rate will the time required by Staff to delete the current
information and recalculate the bills.
County Attorney Copley advised that according to the legislation just enacted, the County
must comply to the definition of funds received as stated in the law. The revenue received must be
“additional and unanticipated revenue” before the Budget Ordinance can be amended to reduce the
tax rate.
Substitute Motion:
Vice-Chairman Greer made a SUBSTITUTE MOTION to use the $956,000 to
lower tax rate for FY2002-2003.
Chairman Davis advised that the new legislation only applied to FY 2001-2002; therefore, the
substitute motion would not be acceptable.
Vice-Chairman Greer WITHDREW THE SUBSTITUTE MOTION.
Original Motion Amended:
Chairman Davis amended the motion to state that reducing the tax
rate would be contingent upon the money received meeting the definition of the legislation.
Finance Director Shell advised that the funding received did not meet the definition of
additional and unanticipated revenue because the money was budgeted during FY 2000-2001 and was
not received during the last fiscal year; therefore this money should be rolled over into the current
budget to reimburse the fund balance.
Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION
FAILED 2 TO 3. Commissioner Boseman, Vice-Chairman Greer, and Commissioner Pritchett voted
in opposition.
DISCUSSION OF COMBINING LAW ENFORCEMENT AGENCIES
Chairman Davis advised that Mayor David Jones called and informed him that the City
Council would like to discuss the possibility of combining law enforcement agencies. He suggested
waiting to discuss this issue until the joint meeting scheduled with the City Council on August 29,
2001, to hear the final report on the governmental structure study.
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REGULAR MEETING, AUGUST 20, 2001 PAGE 746
Commissioner Caster agreed with Chairman Davis and pointed out that since the City had not
been successful in building a new Police Headquarters in the desired location, Council might be more
amenable to discussing this issue.
After a lengthy discussion of the need to move forward with combining services, Chairman
Davis noted that at the last joint meeting with City Council, the Board of County Commissioners
requested the Council to consider three items: (1) a joint law enforcement building; (2) a joint
City/County administration; and (3) a joint parking deck. He noted that City Council said no to all
three requests.
Chairman Davis advised that he would inform Mayor Jones that the Commissioners would
like to wait to hear the final presentation on the governmental structure study before scheduling a
meeting to discuss the possibility of combining law enforcement agencies.
DISCUSSION OF WASTE MANAGEMENT, INC. LETTER SENT TO CUSTOMERS
Chairman Davis referenced the letter of August 8, 2001, sent to customers from Waste
Management, Inc. concerning the proposal submitted from the Citizens Solid Waste Advisory Board.
He advised that Assistant County Manager Dave Weaver had prepared a response and stated that he
would forward a copy to each Commissioner before sending a letter.
Vice-Chairman Greer requested Chairman Davis to respond to the other waste haulers who
have also forwarded letters if a response is made to Waste Management, Inc.
Commissioner Pritchett requested Chairman Davis to include a copy of the Waste Industries,
Inc. letter forwarded to the customers.
County Manager O’Neal offered to provide a copy of both letters to the Commissioners.
Chairman Davis stated that once the information is received by the Commissioners, discussion
can be held on the response.
SCHEDULING OF WORK SESSIONS
After discussion of the need to discuss some major issues, the following meetings were
scheduled:
Thursday, August 30, 2001 - 5:00 P.M. - Assembly Room - Historic Courthouse
24 North Third Street, Wilmington, N. C.
Work Session to discuss the following issues:
(1) County/City water and sewer utility financial projections
(2) Draft plan update for scheduling and funding water and sewer projects
Monday, September 17, 2000 - Assembly Room - Historic Courthouse
24 North Third Street, Wilmington, N. C.
1:00 P.M. - Work Session to discuss renewal of AOL Time Warner Franchise
3:00 P.M. - Work Session to discuss the Master Plan for Airlie Gardens
County Attorney Copley advised that the Work Session to discuss renewal of the AOL Time
Warner franchise will require time because the Board will be responsible for making decisions that
will directly impact the citizens. The bottom line is that any additional costs will be passed to the
customers by Time Warner.
Discussion was held on the recommended dates of September 11 and September 25, 2001 by
the Board of Education to reschedule a joint Work Session. After discussion of conflicts on those
dates, County Manager O’Neal was directed to work with the Board of Education in selecting other
dates.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, AUGUST 20, 2001 PAGE 747
DISCUSSION OF MEETINGS TO BE TELEVISED
Chairman Davis advised that a decision needs to be made on what meetings will be televised.
Commissioner Caster agreed and stated that informative Work Sessions should be televised
so the public can be better informed.
After further discussion, the Board agreed that a policy should be established.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 1:00 P.M.
Respectfully Submitted,
Lucie F. Harrell
Clerk to the Board