2004-12-20 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 205
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 20,
2004, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, NC.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; Assistant County Manager, Dave
Weaver; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult.
County Manager Allen O’Neal arrived at 10:50 a.m.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Hearing none, Chairman Greer asked for direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to approve the items on the Consent
Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board:
Regular Meeting - November 22, 2004
Regular Meeting - December 6, 2004
Acceptance of State Homeland Security Grant Program Citizen Corps Grant and Approval of Associated Budget
Amendment#05-0010 – Emergency Management
The Commissioners accepted a State Homeland Security Grant Program Citizens Corps Grant Award in the
amount of $9,500, approved the associated budget amendment #05-0110, and authorized the County Manager to sign
the grant documents. Funds in the amount of $1,500 are to be used to further develop the County's Citizen Corps
Council; the remaining funds in the amount of $8,000 are to be used to support the Community Emergency Response
Team program. There is no required local match.
Budget Amendment # 05-0110 – Emergency Management
AdjustmentDebitCredit
Emergency Management:
DHS Citizen Corps Grant$9,500
Contracted Services$2,160
Printing Charges$3,600
Departmental Supplies$3,538
Training and Travel$ 202
Explanation: Request to establish budget for Department of Homeland Security Citizen Corps Grant Award
in the amount of $9,500 that was received from the North Carolina Department of Crime Control and Public Safety,
Division of Emergency Management and the North Carolina Citizen Corps, Office of the Governor. The funds will be
used to sustain the New Hanover County Citizen Corps Council and the Community Emergency Response Team (CERT)
program.
Approval of Annual Renewal of Year Three Engineering Services Contract # 02-0379 to Gahagan and Bryant
Associates
The Commissioners approved the annual renewal of year three engineering services contract #02-0379 to
Gahagan and Bryant Associates in the amount of $87,210. Pursuant to the Permit Conditions of the Mason Inlet
Relocation Project issued by the Army Corps of Engineers, New Hanover County is required to provide monitoring and
reporting data to the Federal and State regulatory agencies. On July 10, 2002, New Hanover County executed a contact
with a local engineering firm to provide engineering services associated with the Mason Inlet Project. As required by
contract, New Hanover County must renew the contract annually. The original proposal provided by the engineer, which
was made part of the contract, defines the budget for year three services at $87,210.
Acceptance of Tax Collection Reports Through November 30, 2004 – Tax Department
The Commissioners accepted the following Tax Collection Reports through November 30, 2004, as submitted
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 206
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 XXIX, Page 12.1.
Release of Tax Value
The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers.
Bottorf, Sara P. Etal.$20,000
Brown, Patricia A. 33,080
Cowles, Jane P. 80,668
Glass, Jennelle 20,000
Hearn, Charles Nelson Life Estate 36,761
Kesler, Alice F. 70,328
Knight, Carolyn Holt 54,172
Langley, Hilda Myers 20,000
Phelps, Kay Peterson 34,082
The Commissioners granted a correction as presented at the November 22, 2004, meeting to Senior
Citizen/Disability Exclusion but had the incorrect amount of $54,245 as the exclusion. The amount of exclusion
reflected below is the correct total amount that will be excluded from the taxpayer's assessed value:
Klinger, Kenneth R.$66,245
Approval of Budget Amendment #05-0101 – Health Department
The Commissioners approved the following budget amendment:
Budget Amendment #05-0101 – Health Department
AdjustmentDebitCredit
Public Health Bio-terrorism:
State Grant$79,353
Salaries and Wages$10,000
Contracted Services$ 4,000
Radios$ 1,000
M&R – Auto and Trucks$ 2,000
Printing Charges$ 4,800
Departmental Supplies$ 9,000
Safety Equipment$ 9,000
Dues and Subscriptions$ 500
Employee Reimbursements$ 2,000
Training and Travel$37,053
Explanation: State grant funding was reduced. The Budget amendment is to reduce adopted FY 04-05
expenditures to reflect funding authorization received from State.
Additional Information: Adopted budget for FY 04-05 is $441,730, state funding authorization received in the
amount of $362,377 (difference of $79,353).
Approval of Budget Amendment #05-0102 – Governing Body/Health Department
The Commissioners approved the following budget amendment:
Budget Amendment #05-0102 – Governing Body/Health Department
AdjustmentDebitCredit
Governing Body:
County Commissioners:
Appropriated Fund Balance$13,123
Health:
Care Coordination:
State Grant$21,123
Contracted Services$ 5,000
Employee Reimbursements$ 3,000
Explanation: To budget additional funds received from a State grant to support Child Service Coordination
Program. The amount of $13,123 of funds will be applied toward previously budgeted line items while $8,000 will be
used to cover the cost of non-budget expenditures.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 207
Additional Information: The additional funds will be used for the Child Service Coordination Program to cover
the cost of providing interpreting services, as well as to offset the increase in mileage reimbursement.
Approval of Budget Amendment #05-0103 – Governing Body/Emergency Management
The Commissioners approved the following budget amendment:
Budget Amendment #05-0103 – Governing Body/Emergency Management
AdjustmentDebitCredit
Governing Body:
County Commissioners:
Appropriated Fund Balance$160,000
Emergency Management:
Hurricane Charley:
Overtime Pay$123,000
Contracted Services$ 37,000
Explanation: To appropriate additional funds for expenses related to Hurricane Charley clean up.
Approval of Budget Amendment #05-0104 – Fire Services
The Commissioners approved the following budget amendment:
Budget Amendment #05-0104 – Fire Services
AdjustmentDebitCredit
Fire Departments:
Other$2,919
Fire Services Administration:
Departmental Supplies$2,919
Explanation: To budget “Get Alarmed” grant from the North Carolina Office of State Fire Marshall.
Additional Information: Funds will provide fire safety education and supplies to New Hanover County citizens.
Approval of Budget Amendment #05-0106 – Sheriff
The Commissioners approved the following budget amendment:
Budget Amendment #05-0106 – Sheriff
AdjustmentDebitCredit
Federal Forfeited Property:
Capital Project Expense$4,115
Transfer to Other Funds$4,115
General Fund
Sheriff-Administration:
Transfer in from FFP$4,115
Sheriff/Patrol:
Salaries and Wages$3,492
Social Security Taxes$ 267
Retirement-Local Government Employee$ 171
Retirement – 401K$ 175
LT Disability Insurance$ 10
Explanation: Transfer in from Federal Forfeited Property Funds to General Fund/Sheriff’s Office for remaining
FY 04-05 cost of two position reclassifications.
Approval of Budget Amendment #05-0108 – Social Services
The Commissioners approved the following budget amendment:
Budget Amendment #05-0108 – Social Services
AdjustmentDebitCredit
Child Day Care:
Office Day Care Services$21,894
Day Care Services$21,894
Explanation: Received additional day care allocation to allow continuation of service to current day care
recipients for the remainder of the fiscal year and to serve a portion of the waiting list.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 208
Additional Information: No additional County dollars are required.
Approval of Budget Amendment #2005-26 – Sheriff
The Commissioners approved the following budget amendment:
Budget Amendment #2005-26 - Sheriff
AdjustmentDebitCredit
Controlled Substance Tax:
Controlled Substance Tax$8,583
Capital Project Expense$8,583
Explanation: To increase budget for additional revenue received on November 30, 2004.
Additional Information: Controlled Substance Tax funds are budgeted as received and must be used for law
enforcement, as the Sheriff deems necessary.
Approval of Budget Amendment #2005-27 – Sheriff
The Commissioners approved the following budget amendment:
Budget Amendment #2005-27 - Sheriff
AdjustmentDebitCredit
Federal Forfeited Property:
Federally Forfeited Property$25,900
Capital Project Expense$25,900
Explanation: To increase budget for additional revenue received on November 10 and December 8, 2004.
Additional Information: Federal Forfeited Property funds are budgeted as received and must be used for law
enforcement, as the Sheriff deems necessary.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
Assistant County Manager Dave Weaver requested the following employees to step forward to receive
service awards:
Five-Year: Peggy J. Rhodes - Tax Department
Brian C. Bellamy - Sheriff's Office
Charlotte J. Norris - Health Department
Ten-Year: Robert C. Glasgow - Tax Department
David R. Swan - Sheriff's Office
Fifteen-Year:William D. Shiver - Tax Department
On behalf of the Board, Chairman Greer presented a service award to each employee, expressed
appreciation and thanked them for their dedicated years of service.
RECOGNITION OF NEW EMPLOYEES
Assistant County Manager Waver requested the following new employees to stand and be introduced:
Jill Morris – Health Department
Christy Sutton – Health Department
Sylvia Quinn – Juvenile Center
Carrie Menke-Ball – Juvenile Center
Angela Blake – Tax Department
Bernice Sanders – Water & Sewer, Engineering
On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them
success with their new positions.
REQUEST FOR CONSIDERATION FOR SECOND TIER CONTRACT PAYMENT
Chairman Greer reported that Harry Dorsey, President of Carolina Communications, has submitted a request
for payment in the amount of $96,000 he claims is owed by McGregor Communications, a sub-contractor on the Jail
Project.
Mr. Dorsey stated that he presented this same request to the Board at their October 2003 meeting. He reported
that since that time he has received a complaint from one of two suppliers wanting payment for supplies used on the jail
project, and as of this date the supplier has not been paid. He also reported he has attended bankruptcy hearings for
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 209
McGregor Communications. He requested the Board of County Commissioners to pay the back money that should have
been paid pursuant to the General Statutes and requested the County to pay him the $96,000.
Chairman Greer responded that J.M. Thompson contracted with McGregor Communications. McGregor
Communications subcontracted with Mr. Dorsey as a second tier subcontractor. McGregor Communications has filed
bankruptcy and has not concurred with release of funds to Carolina Communications. J. M. Thompson has placed on
deposit with Wachovia Bank an amount sufficient to pay the claim, should the Bankruptcy Court direct such payment.
Deputy County Attorney Kemp Burpeau stated that the funds for payment to Mr. Dorsey are available should
the bankruptcy court so order the payment.
REVIEW OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
JUNE 30, 2004
As part of the completion of the annual audit, Finance Director Bruce Shell presented a brief presentation and
reported that the data presented in the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2004
was accurate and fairly reflects the results of operations and the Countys strong financial position. He advised that the
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audit was conduced by McGladrey and Pullen, LLP to ensure compliance with federal and state standards. He
introduced Mr. Sam Rose and Mr. Chris Bunch of McGladrey and Pullen, LLP.
Mr. Rose presented the auditor's perspective to the Board of County Commissioners and reported that all Basic
Financial Statements were performed in accordance with Government Auditing Standards. He informed the Board that
New Hanover County was in a sound financial position and stated that all indications point to continued growth in the
future.
After hearing no comments from the Board, Chairman Greer complimented the Finance Director and Staff for
excellent management of the Countys finances during the past year.
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PRESENTATION BY COAST LINE CONVENTION MANAGEMENT, INC.
Mr. Chad Hessenflow, President of the Coast Line Convention Management, Inc., reported that the current lease
agreement between Charles Carver (Big Dawg, LLC), owner of the Coast Line Convention Center, and the City of
Wilmington and New Hanover County, expires April 30, 2005. Coast Line Convention Center is requesting an extension
of the current lease through April 30, 2007, subject to the construction schedule of the new convention center. An
amount of $42,870 is being requested from the County for FY 05-06 and FY 06-07.
Ms. Judith Grizell, CEO of the Tourism Development Authority, requested that the Board consider the request
as an investment in the future meetings and convention center. The support is needed to maintain contact and momentum
in the marketplace during the interim phase prior to completion of the new convention center.
Commissioner Pritchett requested information on the past year’s activity at the Coast Line Convention Center.
Ms. Jerry Gilson, Director of the Coast Line Convention Management, Inc. stated that she would be happy to
provide the Board with the information on the past year’s activity.
Commissioner Pritchett stated that she would recommend tabling the request by the Coast Line Convention
Management, Inc. until the Commissioners have the opportunity to review that information.
Commissioner Davis stated that he would agree with tabling the request until the Wilmington City Council takes
action at their January meeting and after the Board’s budget retreat/work session.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Davis to table the request from the Coast
Line Convention Management, Inc. for the extension of the current lease through April 30, 2007 in the amount of
$42,870 for FY 05-06 and FY 06-07. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF DATES FOR STRATEGIC PLANNING SESSION AND APPROVAL OF FY 05-06
BUDGET CALENDAR
Chairman Greer reported that Staff requests the County Commissioners establish a date for a planning session
for strategic review of County programs and issues, with a goal of establishing priorities for FY 05-06 and beyond. The
session should be one full day, to possibly one and a half days in length to provide staff and commissioners adequate
time to discuss the many issues facing the County. Possible dates are Jan 21 and 22, or January 28 and 29th.
The following FY 2005-2006 Budget Calendar has been established for the Board of County Commissioners'
review and approval:
January 2005 County Manager Meeting with Department Heads on FY 05-06 Budget
Planning Session with Board of County Commissioners on FY 05-06 BUDGET
January 11Budget Process Training Session for Interested Departments
January 18Temporary Salary and Overtime/On-Call Salary Requests to BUDGET
February 15Departmental Line Item Expenditure Requests to BUDGET - except for schools
Departmental Revenue Projections to BUDGET
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 210
February 28Fee Charts with Adjustments and/or Enhancements to BUDGET
April 15FY 05-06 Goals, Objectives, and Performance Measures Due to Budget
April 28Budget to Board of County Commissioners (informally)
May 2Recommended Budget Information to Departments and Non-County Agencies
County Manager Presents Recommended Budget at County Commissioners Meeting
Commissioners Establish Budget Work Sessions
May 16Public Hearing on Budget at County Commissioners evening meeting
June 6Adopt FY 05-06 Budget
Chairman Greer asked the members of the Board if the date of January 28 and 29, 2005, would be a convenient
time to schedule the first Budget Work Session.
After discussion, the Board agreed to schedule the first Budget Work Session on Friday, January 28, 2005, at
2:00 p.m. in the conference room at Wilmington International Airport, Wilmington, North Carolina.
Chairman Greer asked for a motion to approve the FY 2005-2006 Budget Calendar as presented.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp to approve the FY 2005-2006 Budget
Calendar as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF CONTRACT WITH FIGURE EIGHT BEACH HOMEOWNERS’ ASSOCIATION FOR
MAINTENANCE OF MASON INLET PROJECT
Assistant County Manager Dave Weaver reported that implementation of the first maintenance project for
Mason Inlet is necessary in order to stabilize the Inlet as relocated several years ago. The maintenance project will
consist of two components: land-based dredging and hydraulic dredging. The land-based dredging, which needs to be
done this winter will involve using an excavator at the southern tip of Figure Eight Island to remove accreted sand and
consequently pull the channel back to the north. The hydraulic dredging will stabilize the channel in the Inlet and Mason
Creek and will likely be done next winter. The sand from both projects will be placed on Figure Eight Island.
Staff is seeking approval of one of the two following administrative options to accomplish the maintenance
project:
The County can contract with the Figure Eight Island Homeowners Association for the performance of all the
work, except the permitting and engineering to-date, at Figure Eight's cost. Figure Eight may be able to accomplish the
Maintenance Project at a lower cost than the County can because Figure Eight can be more flexible in negotiating with
the contractor and can combine the Inlet maintenance hydraulic dredging with its own maintenance-dredging project in
Banks Channel behind the Island. The Board of the Figure Eight Island Homeowners Association has tentatively
approved this agreement.
The County can complete the project and assess the costs to the Figure Eight Island Homeowners Association
and the property owners on the north end of Shell Island, in the same way that the County performed the original
Relocation Project. In order to meet advertising and bidding requirements, the County must advertise the project before
the end of 2004.
Staff recommends that the Commissioners approve option one as the preferred option. The Figure Eight Island
HOA Board has tentatively approved this option but the individual homeowners must also vote to approve it. Due to
time constraints, the Figure 8 homeowners vote cannot be completed until after this meeting. Therefore, staff also
recommends that the County Commissioners direct staff to proceed with the County's bidding process in case the
homeowners do not ultimately approve the agreement. This is necessary in order for the project to be complete before
April 1, which is the end of the dredging season. The Mason Inlet Preservation Group, which consists of all property
owners assessed for the Project and is led by Frank Pinkston, has endorsed this approach.
Commissioner Davis clarified with Assistant County Manager Weaver that if the Figure 8 Island HOA Board
does not agree with option one that the sand will be put on Figure 8 Island and the fees would be assessed to the
homeowners.
Mason Inlet Preservation Group, led by Frank Pinkston, reported that the consensus of the Mason Inlet
Preservation Group is that this is the best approach to implement at this time.
Commissioner Davis clarified with Assistant County Manager Weaver that the Banks Channel project and this
project are separate projects.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to approve the contract with the Figure
Eight Beach Homeowners’ Association for the performance of all the maintenance work at Mason Inlet, except the
permitting and engineering to date, at the expense of the Figure Eight Beach Homeowners Association and to direct Staff
to proceed with the County's bidding process in case the homeowners do not approve the agreement. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 211
BREAK:
Chairman Greer called for a break at 10:05 a.m.
CONSIDERATION OF APPLICATION BY CAPE MEDICAL TRANSPORT, INC. FOR A NON-
EMERGENCY AMBULANCE SERVICE FRANCHISE
Mr. Stephen Culbreth, Counsel representing Cape Medical Transport, Inc., stated that on behalf of his client
he is requesting a franchise to provide non-emergency medical transportation services in New Hanover County. He
stated that Cape Medical Transport, Inc. has not operated since September 2004. The requested financial statements have
been submitted to the County. The ambulances are due for inspection but they need to be in the County system to be
inspected. Cape Medical Transport is requesting the opportunity to serve the population of New Hanover County and
to provide competition in this area. Cape Medical Transport, Inc. would be willing to accept a convalescent franchise
in lieu of a non-emergency medical transportation franchise.
Mr. John Coble, Counsel representing the New Hanover Regional Medical Center, stated that Cape Medical
Transport, Inc. should not be given a franchise exceeding what was granted to Coastline Care. It has not been found that
a need exists for a second franchise and granting one would have a negative effect on the current franchisee resulting
in less funding between the two. Cape Medical Transport continued to operate illegally in New Hanover County after
the Board denied their April 2004 request for franchise until September 2004. It appears that they stopped operating in
September 2004 because the ambulances had to be inspected for insurance coverage to be issued and they could not be
inspected because they were not in the County system. He urged the Board to deny the request for the franchise.
Edward Woodard, EMS Director for New Hanover Regional Medical Center stated that the difference between
convalescent care transportation and non-emergency care transportation is that convalescent care transportation is a
scheduled transportation and non-emergency care transportation is not scheduled but is not considered an emergency
and does not use lights or sirens.
Thomas Hunter, President of Coastline Care, Inc. and Ryan West, a supervisor with Coastline Care, Inc.
reported that they are in compliance with all franchise and County ordinances.
Mr. West referenced patient surveys documenting that their customer service ratings are good. Coastline Care
does not turn down calls for service appointments. He explained that a division of NHRMC, Patient Care Transport
Service, also serves as non-emergency back up transportation.
Commissioner Kopp stated that he does not feel that the petitioner has proven that there is a need for an
additional franchise.
Chief Woodard reported that a non-compliant ambulance transport service can negatively impact the high rating
that NHRMC currently receives. He stated that the objection to granting a franchise to Cape Medical is their history of
non-compliance.
Assistant County Attorney Holt Moore reported that two readings are required in order to grant the franchise.
Cape Medical Transport, Inc. has supplied Staff with the requested items.
Chairman Greer requested direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to deny the request by Cape Medical
Transport, Inc. for a franchise to provide non-emergency medical transportation services in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF RESOLUTION FOR EXPANSION OF THE TIDAL CREEKS WATERSHED
MANAGEMENT ADVISORY BOARD
Vice-Chairman Caster reported that the Tidal Creeks Watershed Management Advisory Board was formed in
1999 to implement the Clean Water Management Trust fund grant which was used to purchase Airlie Gardens, four other
riparian properties, and developed numerous initiatives to improve water quality in five of the County's Tidal Creeks.
The initial grant period has ended but the Advisory Board recognizes the need for continued emphasis on water quality
not only in the Tidal Creeks but also in all the surface water bodies in New Hanover County.
The Board is being requested to adopt the resolution authorizing the Advisory Board to be reconstituted as the
Watershed Management Advisory Board so that it may expand its water quality enhancement programs to all the waters
of New Hanover County and budget $5,000 each year for the Advisory board to use for administrative purposes. The
City Council approved the request at their Tuesday meeting.
After brief discussion it was the consensus of the Board to remove the wording “each year” from the resolution.
Chairman Greer read the corrected resolution into the record
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution authorizing
the Advisory Board to be reconstituted as the Watershed Management Advisory Board so that it may expand its water
quality enhancement programs to all the waters of New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX,
Page 12.2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 212
CONSIDERATION OF RESOLUTION TO ESTABLISH A STEWARDSHIP DEVELOPMENT AWARD
PROGRAM
Senior Planner Chris O’Keefe reported that the New Hanover County Tidal Creeks Watershed Management
Advisory Board has initiated a program together with the Cape Fear Homebuilders Association, Soil and Water
Conservation District, City of Wilmington, Pender and Brunswick Counties and others to recognize exemplary
conservation efforts in land development. The program will rely on County planning staff to help implement the
program.
The Stewardship Development Advisory Committee (SDAC) will consist of one person from each of the
recognizing bodies and will appoint a five to seven member Judging Panel. Involvement from at least one person from
each agency will be strongly promoted, but each of the eleven recognizing bodies will only have one voting member.
Award recipients will be determined based on whether they have met pre-established criteria determined by the Judging
Panel.
Chairman Greer clarified that the judging panel will bring recommendations to the committee and the respective
counties will pay their share of the staff and administrative costs.
Commissioner Pritchett requested that the Keep American Beautiful of New Hanover County be issued an
invitation to participate in the Lower Cape Fear Stewardship Development Awards Program.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to adopt the resolution endorsing
New Hanover County’s participation in the Lower Cape Fear Stewardship Development Awards Program. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX,
Page 12.3.
BREAK:
Chairman Greer called for a break at 10:30 a.m.
APPOINTMENT OF COUNTY COMMISSIONERS TO SERVE ON VARIOUS BOARDS AND COMMITTEES
FOR 2005
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, Commissioner Davis
CAMA Land Use Plan Advisory Panel, Vice-Chairman Caster
Cape Fear Community College Board of Trustees, Commissioner Davis
Cape Fear Community College Long-Range Planning Committee, Commissioner Davis
Cape Fear Museum Advisory Board, Commissioner Pritchett
Cape Fear Public Transportation Authority/WAVE, Commissioner Pritchett
Cape Fear Resource Conservation & Development, Commissioner Kopp
Chamber of Commerce Board, Chairman Greer
Chamber’s Community Growth Planning Core Team, Chairman Greer
Convention Center Task Force, Vice-Chairman Caster
Council of Governments Executive Committee, Commissioner Pritchett
New Hanover County Department of Social Services Board, Vice-Chairman Caster
New Hanover County Board of Fire Commissioners, Commissioner Pritchett
New Hanover County Board of Health, Commissioner Pritchett
Human Relations Commission, Commissioner Kopp
Juvenile Crime Prevention/Criminal Justice Partnership Advisory Board, Commissioner Kopp
Legion Stadium Committee, Vice-Chairman Caster and Commissioner Kopp
Local Emergency Planning Committee, Commissioner Pritchett
Lower Cape Fear River Program Advisory Board, Commissioner Pritchett
Lower Cape Fear Water & Sewer Authority, Vice-Chairman Caster
New Hanover Regional Medical Center Board of Trustees, Chairman Greer
Parks & Recreation Advisory Board, Chairman Greer
Partnership for Children Board, Commissioner Pritchett
Port, Waterway & Beach Commission, Vice-Chairman Caster
Southeast Center Board of Directors, Commissioner Pritchett
,
Tourism Development AuthorityVice-Chairman Caster
,
Water Development Task ForceVice-Chairman Caster
,
Watershed Management Advisory BoardVice-Chairman Caster
Wilmington Downtown, Inc., Commissioner Kopp
Wilmington Industrial Commission, Chairman Greer
Wilmington Regional Film Commission, Chairman Greer
Wilmington Urban Area Metropolitan Planning Organization, Commissioner Kopp
COMMITTEE APPOINTMENTS
Appointments to the Adult Care Home Community Advisory Committee
Chairman Greer announced that seven vacancies exist on the Adult Care Home Community Advisory
Committee. He reported that two applications were received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 213
Chairman Greer opened the floor to receive nominations to fill the Adult Care Home Community Advisory
Committee.
Vice-Chairman Caster nominated Ginger Hill Page and Robert R. Richard. Commissioner Pritchett seconded
the nomination.
Vote:
The Board voted unanimously to appoint Ginger Hill Page and Robert R. Richardson to serve 1-year initial terms
on the Adult Care Home Community Advisory Committee with the terms to expire on December 31, 2005.
Appointments to the Board of Health
Chairman Greer announced that four vacancies exist on the Board of Health, one each in the categories of
General Public, Optometrist, Physician and Veterinarian. He reported that three applications were received in the
General Public category, one in the Optometrist category, two in the Physician category and one in the Veterinarian
category. He reported that one in the General Public category, Marvin Freeman and one in the Optometrist category,
Edward Weaver, Jr., desire reappointment.
Chairman Greer opened the floor to receive nominations.
Commissioner Pritchett nominated Edward Weaver, Jr., as the Optometrist representative and G. Robert
Weedon as the Veterinarian representative. Vice-Chairman Caster seconded the nomination.
Chairman Greer called for a vote on the nominations of Edward Weaver, Jr. and G. Robert Weedon.
Vote:
The Board voted unanimously to reappoint Edward Weaver, Jr., as an Optometrist representative and appoint G.
Robert Weedon as a Veterinarian representative to serve 3-year terms on the Board of Health with the terms to expire
December 31, 2007.
Chairman Greer nominated Marvin Freeman to fill the vacancy in the General Public category. Vice-Chairman
Caster seconded the nomination.
Commissioner Pritchett nominated Virginia Adams, PhD. No second to the nomination was received.
Hearing no further nominations, Chairman Greer declared the nominations closed.
Chairman Greer called for a vote on the nomination of Marvin Freeman.
Vote:
The Board voted unanimously to appoint Marvin Freeman to serve a 3-year term on the Board of Health as a
General Public representative with the term to expire December 31, 2007.
Chairman Greer opened the floor to receive nominations for the Physician representative on the Board of
Health.
Commissioner Kopp nominated Robert M. Shakar, Jr. Commissioner Pritchett seconded the nomination.
Hearing no further nominations, Chairman Greer declared the nominations closed.
Chairman Greer called for a vote on the nomination of Robert M. Shakar, Jr.
Vote:
The Board voted unanimously to appoint Robert M. Shakar, Jr. to serve a 3-year term on the Board of Health as
a Physician representative with the term to expire December 31, 2007.
Appointments to the Cape Fear Public Transportation Authority/WAVE Transit Authority
Chairman Greer announced that one vacancy exists on the Cape Fear Public Transportation Authority/WAVE
Transit Authority. He reported that two applications were received with one of the applicants, Robert Ronne, desiring
reappointment.
Chairman Greer opened the floor to receive nominations.
Commissioner Pritchett nominated Robert Ronne. Commissioner Kopp seconded the nomination.
Hearing no further nominations, Chairman Greer declared the nominations closed and called for a vote on the
reappointment of Robert Ronne.
Vote:
The Board voted unanimously to reappoint Robert Ronne to serve on the Cape Fear Public Transportation
Authority/WAVE Transit Authority with the term to expire December 31, 2007.
Appointments to the Commission for Women
Chairman Greer announced that two vacancies exist on the Commissioner for Women to fill unexpired terms.
He reported that four applications were received.
Chairman Greer opened the floor to receive nominations.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 214
Vice-Chairman Caster nominated Tammy Boseman to fill the unexpired term to expire May 31, 2007.
Commissioner Kopp seconded the nomination.
Vote:
The Board voted unanimously to appoint Tammy Boseman to serve on the Commission for Women with the term
to expire May 31, 2007.
Vice-Chairman Caster nominated Shannon E. Blankenbeckler to fill the unexpired term to expire May 31, 2005.
Commissioner Kopp seconded the nomination.
Commissioner Pritchett nominated Karen V. Chappel to fill the unexpired term to expire May 31, 2005.
Commissioner Davis seconded the nomination.
Hearing no further nominations, Chairman Greer declared the nominations closed and called for a vote on the
appointment of Shannon E. Blankenbeckler.
Vote:
The Board voted two to three to appoint Shannon E. Blankenbeckler to fill the unexpired term to expire May 31,
2005. Chairman Greer and Vice-Chairman Caster voted in favor.
Chairman Greer called for a vote on the appointment of Karen V. Chappel.
Vote:
The Board voted three to two to appoint Karen V. Chappel to fill the unexpired term to expire May 31, 2005.
Commissioner Davis, Commissioner Kopp, and Commissioner Pritchett voted in favor.
Appointments to the Human Relations Commission
Chairman Greer announced that two vacancies exist on the Human Relations Commission. He reported that
six applications were received with two of the applicants, Anthony Gentile and Pastor James Utley, desiring
reappointment.
Commissioner Pritchett nominated Pastor James Utley. Vice-Chairman Caster seconded the nomination.
Vice-Chairman Caster nominated Anthony Gentile. Commissioner Kopp seconded the nomination.
Hearing no further nominations, Chairman Greer declared the nominations closed and called for a vote on the
reappointment of Pastor James Utley.
Vote:
The Board voted unanimously to reappoint Pastor James Utley to serve on the Human Relations Commission with
the term to expire December 31, 2007.
Chairman Greer called for a vote on the reappointment of Anthony Gentile.
Vote:
The Board voted unanimously to reappoint Anthony Gentile to serve on the Human Relations Commission with
the term to expire December 31, 2007.
Appointments to the Plumbing Board of Examiners
Chairman Greer announced that one vacancy exists on the Plumbing Board of Examiners and reported that two
applications have been received.
Commissioner Kopp nominated Ernest Cleveland Skipper. Vice-Chairman Caster seconded the nomination.
Hearing no further nominations, Chairman Greer declared the nominations closed and called for a vote on the
appointment of Ernest Cleveland Skipper.
Vote:
The Board voted unanimously to appoint Ernest Cleveland Skipper to serve on the Plumbing Board of Examiners
with the term to expire December 31, 2007.
Appointments to the Tourism Development Authority
Chairman Greer announced that four vacancies exist on the Tourism Development Authority in the categories
of Chamber of Commerce Representative, Hotel Owner/Manager of 150 rooms or more in Wrightsville Beach, Hotel
Owner/Manager in Kure Beach and Tourist Attraction. He reported that Mary Baggett Martin in the Hotel
Owner/Manager of 150 rooms or more in Wrightsville Beach category, Ronnie W. Pernell in the Hotel Owner/Manager
in Kure Beach category, and Carl Marshburn in the Tourist Attraction category are eligible for reappointment and desire
to be reappointed.
Commissioner Kopp nominated to reappoint Mary Baggett Martin as the Hotel Owner/Manager of 150 rooms
or more in Wrightsville Beach category, Ronnie W. Pernell as the Hotel Owner/Manager in Kure Beach category, and
Carl Marshburn in the Tourist Attraction category. Commissioner Pritchett seconded the nomination.
Vote:
The Board voted unanimously to reappoint Mary Baggett Martin as the Hotel Owner/Manager of 150 rooms or
more in Wrightsville Beach category, Ronnie W. Pernell as the Hotel Owner/Manager in Kure Beach category, and Carl
Marshburn in the Tourist Attraction category to serve on the Tourism Development Authority with the terms to expire
to December 31, 2007.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 215
Commissioner Pritchett nominated A. Scott Cromartie as the Chamber of Commerce Representative. Vice-
Chairman Caster seconded the nomination.
Chairman Greer called for a vote on A. Scott Cromartie as the Chamber of Commerce Representative.
Vote:
The Board voted unanimously to appoint A. Scott Cromartie as the Chamber of Commerce Representative
category to serve on the Tourism Development Authority with the term to expire December 31, 2007.
BREAK:
Chairman Greer called for a lunch break at 12:15 p.m. until 1:05 p.m.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 1:05 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 1:10 p.m.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
ADDITIONAL ITEMS
Approval of Airlie Gardens List of Events and Benefits for Sponsors
Assistant County Manager Dave Weaver reported that the Airlie Gardens Foundation Board of Directors
approved the following list of events and benefits for sponsors, depending on the level of participation.
Levels of participation are: Platinum $10,000, Gold $5,000, Silver $2,500, Bronze $1,000 and Patron $500.
Event categories are: Concert Series, Airlie Arts Festival, Oyster Roast and the Holiday Light Show.
The Airlie Gardens Foundation Board approved the list at their December 16, 2004 meeting, in preparation for
the upcoming year.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to approve the Airlie Gardens list
of events and benefits for sponsors, depending on the level of participation. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Item Presented by Commissioner Kopp
Commissioner Kopp stated that he enjoyed attending the Airlie Gardens Volunteer Reception and tour and
emphasized that it is a public garden for the public to enjoy.
Items Presented by Vice-Chairman Caster
Commissioner Caster reported he attended the following events:
The Leadership Convention Center meeting, Senior project judging at Laney High School; CAMA Land Use
Plan meeting; Department of Social Services Staff meeting; Veterans Senior Soccer Tournament kick-off
meeting; christening of the UNC-Seahawk vessel to be used for Coastal Research; the Ports Authority breakfast
and tour; Corps of Engineers meeting concerning the NE Cape Fear River Project; and a Fire Services luncheon.
Items Presented by Commissioner Pritchett
Commissioner Pritchett congratulated County Manager O’Neal on the graduation of his son Michael from the
College of Charleston.
Commissioner Pritchett announced that her son, John, has been awarded his Master’s Degree in Math
Education from Campbell University.
Commissioner Pritchett reported on the following items:
She ushered at the graduation for University of North Carolina – Wilmington.
She has requested the Regional Planning for Traffic give consideration to road widening with the
increase of traffic in and out of the Port with the additional freight lines being added.
Commissioner Pritchett received a phone call from a citizen concerned that a developer was destroying historic
mounds at Carolina Beach. After investigating the issue she found out that the mounds had been fully documented and
according to current ordinances there was no way to demand their preservation. She requested that the Board consider
rewriting the ordinances to include the preservation of history other than homes and buildings.
Item Presented by Commissioner Davis
Commissioner Davis thanked Commissioner Kopp for his comments concerning Airlie Gardens and to all the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 20, 2004 PAGE 216
Commissioners for attending the Airlie Gardens Volunteer Reception and for their continued interest in the success of
Airlie Gardens.
CLOSED SESSION
Chairman Greer announced a Closed Session as authorized by N.C.G.S. 143-318.11(a)(3) was needed to discuss
with the County Attorney whether to appeal the recent decision by the local superior court which overturned the Board’s
decision to deny the request by Inland Harbour Properties for a special use permit in the Middle Sound area. He stated
that it was his understanding that one or more Commissioners may feel they should be recused from the deliberation,
and opened the floor for any Commissioner to bring forth any such concerns.
Commissioner Pritchett requested the Board recuse her from the deliberations on this case stating that she been
recused from the initial special use permit request due to an error in responding to correspondence from affected property
owners. Given that decision, she requested that she be allowed to recuse herself from this matter.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer to recuse Commissioner Pritchett from
voting on the decision whether to appeal the recent decision by the local superior court which overturned the Board’s
decision to deny the request by Inland Harbour Properties for a special use permit in the Middle Sound area. Upon vote,
the MOTION CARRIED 4 TO 0.
Chairman Greer requested a motion for the remaining members of the Board to go into closed session to discuss
this matter with counsel.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, pursuant to N.C.G.S. 143-318.11(a)(3),
to convene to Closed Session to consult with the County Attorney regarding potential litigation. Upon vote, the
MOTION CARRIED 4 to 0.
Chairman Greer convened to Closed Session at 1:20 p.m.
CONVENE TO REGULAR SESSION
Chairman Greer reconvened to the Regular Session at 1:50 p.m.
Chairman Greer reported that after being in closed session the Board came to consensus to take a vote in
Regular Session not to appeal the recent decision by the local superior court, which overturned the Board’s decision to
deny the request by Inland Harbour Properties for a special use permit in the Middle Sound area.
Chairman Greer asked for direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer not to appeal the recent decision by the local
superior court, which overturned the Board’s decision to deny the request by Inland Harbour Properties for a special use
permit in the Middle Sound area. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Davis voted in
opposition.
ADJOURNMENT
There being no further business, Chairman Greer asked for a motion to adjourn the meeting.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp to adjourn the meeting. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 1:52 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board