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1997-07-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 22 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 21, 1997, at 9: 00 AM. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A Caster; Chairman Robert G. Greer; Deputy County Manager, Andrew J. Atkinson, County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal ofItems 10 and 14 from the Consent Agenda for further discussion. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to remove Items 10 and 14 from the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of July 7, 1997, as presented by the Clerk to the Board. Release of Values - Tax Department The Commissioners approved the release ofthe following vehicle certification penalties since this was the taxpayer's first offense: Brodgen, Leon Lafayette, Jr. Brodgen, Leon Lafayette, Jr. Bacilli, Craig $100 $100 $100 The Commissioners approved a delinquent application for exemption from the property tax on the St. Stanislaus Church in the amount of$388,591 on Parcel ROI700-003-003-000. The application and letter explaining the late filing are available upon request in the Tax Department. Adoption of Resolution to Reject All Bids Received for the Water Treatment Program for the W ASTEC Facility (Bid #98-0005) The Commissioners adopted a resolution rejecting all bids received for the water treatment program at the W ASTEC Facility because of concerns about each bid. Staff was authorized to rebid for the water treatment program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 23 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 2. Adoption of Resolution to Award Bid #97-0441 (Contract #97-0441) to Vallen Safety Supply for the Purchase of Self-Contained Breathing Apparatus The Commissioners adopted a resolution awarding the lowest responsible bid to Vallen Safety Supply in the amount of $29,937.58 for the purchase of twelve (12) self-contained breathing apparatus. 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 XXIV, Page 2. A copy of the contract is on file in the Legal Department. Acceptance of Tax Collection Reports Through June 30, 1997 The Commissioners accepted the following Tax Collection Reports through June 30, 1997, as presented by the Collector of Revenue, Patricia 1. Raynor: (1) New Hanover County Tax Collections; and (2) New Hanover County Fire District Tax Collections. Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 2. Authorization to File a Grant Application to the N. C. Department of Transportation ' s Elderly and Disabled Transportation Assistance Program The Commissioners authorized Assistant to the County Manager, Patricia A Melvin, to file a grant application in the amount of$40,995 to the N. C. Department of Transportation' s Elderly and Disabled Transportation Assistance Program to provide transportation services to the elderly and disabled populations of New Hanover County. Funds will be used to transport residents to appointments, such as doctors visits, nutrition sites, employment, and educational institutions. All persons transported must be pre-certified to determine eligibility for services. A Public Hearing was held on July 8, 1997, at 1 :00 P.M., Department of Aging, 222 South College Road, Wilmington, N. C. Authorization for the Health Department to File a Grant Application to the Cape Fear Memorial Foundation to Provide Food Safety Education in New Hanover County The Commissioners authorized the Health Department to file a grant application in the amount of $25,695 to the Cape Fear Memorial Foundation to provide food safety education to the community. If the grant is awarded, the Health Department is authorized to accept the award. Adoption of Orders to Review FCC Forms Filed by Falcon Cable The Commissioners adopted orders to allow the County until October 28, 1997, to conduct a review of the FCC forms filed by Falcon Cable to update maximum permitted rates and determine regulated equipment and installation costs. Copies of the orders are on file in the Legal Department. Acceptance of Retired Senior Volunteer Program Grant Award for FY 1997-98 The Commissioners accepted the FY 1997-98 Retired Senior Volunteer Program grant award in the amount of $47,536 with a County match of $42,871. The grant supports funding for 600 volunteers working in New Hanover County. The County Manager was authorized to execute the grant documents. Adoption of Resolution to Accept an Offer from Corning, Inc. To Purchase County Tax Parcel No. 5005-001-003-000 The Commissioners adopted a resolution accepting an offer from Corning, Inc. in the amount of $3,000 to purchase a small parcel of land acquired by the County in 1991 through a tax foreclosure. The Chairman was authorized to execute a deed conveying the County's interest in the property. Notice will be published at least ten (10) days prior to finalizing the sale. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 24 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 2. Acceptance of FY 1997-98 Grant Award from the N. C. Department of Crime Control and Public Safety and Approval of Associated Budget Amendment #98-0006 - Sheriff's Department The Commissioners accepted the FY 1997-98 grant award in the amount of$88,3 50 from the N. C. Department of Crime Control and Public Safety, and approved the associated budget amendment to fund equipment and supplies for an automated fingerprint identification system. The 25% County match of $29,450 will be appropriated from the Federal Forfeited Property fund. The County Manager was authorized to execute the grant agreement. Budget Amendment #98-0006 - Sheriff's Department - Automated Fingerprint ID System Debit Credit Sheriff-Automated fingerprint ID System AFIS Grant $88,350 Transfer from Federal Forfeited Property Fund 29,450 Supplies Telephone Equipment $ 9,000 4,800 104,000 Federal Forfeited Property Capital project Expense Transfer to AFIS Grant 29,450 29,450 Purpose: To increase the budget for the grant awarded to purchase a fingerprint system for the Sheriff's Department. Acceptance of Proposal from Summa Information Systems, Inc. to Conduct an Employee Climate Survey The Commissioners authorized Staff to contract with Summa Information Systems, Inc., the lowest bidder, in an amount not to exceed $14,000 to conduct an Employee Climate Survey. Funding for the survey is available in the non-departmental miscellaneous account. Adoption of Resolutions to Add Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Saratoga Place Subdivision Alamosa Place Subdivision Brittany Woods Subdivision - Section 6, 10, 11, 12, and 13 Brittany Lakes Subdivision - Section I-A Legacy at Brittany Lakes Subdivision Courtney Pines Subdivision Quail Woods Subdivision - Sections 8-13 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 2. Approval of Budget Amendment 98-0008 - Health/Partnership for Children - Health Department The Commissioners approved the following budget amendment: #98-0008 - Health/Partnership for Children Health/Partnership for Children Partnership for Children Grant Debit Credit $14,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 25 (Budget Amendment #98-0008 continued) Debit Credit Salaries FICA Retirement Medical Insurance Disability Insurance Departmental Supplies Employees Reimbursements Training & Travel $ 7,895 604 391 1,092 18 1,200 2,300 500 Purpose: To budget the New Hanover County Partnership for Children grant received for the first quarter ofFY 1997-98. Approval of Budget Amendment #97-43 - 1-40 Business Park Capital Project The Commissioners approved the following budget amendment: #97-431-40 Business Park Capital Project Debit Credit 1-40 Business Park Capital Project Contribution from N. C. Department of Transportation Capital Project Expense $22,500 $22,500 Purpose: To increase the budget for the additional contribution by the N. C. Department of Transportation for construction of the Vision Software road. Approval of Budget Amendment #98-0010 - District Attorney's Domestic Violence Unit The Commissioners approved the following budget amendment: #98-0010 Domestic Violence Unit Debit Credit District Attorney's Domestic Violence Unit District Attorney's Domestic Violence Grant Contribution from City Transfer from Federal Forfeited Property Salaries FICA Retirement Medical Insurance Disability Insurance 401- K Contracted Service Telephone Pagers Supplies Travel and Training $130,762 5,216 5,216 $31,619 2,419 1,311 3,547 300 1,327 86,428 696 975 3,922 8,650 Federal Forfeited Property Capital Project Expense $5,216 Transfer to DA Domestic Violence Unit $5,216 Purpose: To establish a budget for FY 1997-98. The Department of Crime Control and Public Safety added $130,761.75 to the FY 1996-97 grant and extended the grant through December 31, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 26 1998. Unspent funds from FY 1996-97 will be rolled over by a budget amendment when final accounting is completed for the fiscal year. Approval of Budget Amendment #98-0007 - New Hanover County Library/ New Hanover County Partnership for Children The Commissioners approved the following budget amendment: #98-0007 - Library/N.C. Partnership for Children Library/N.C. Partnership for Children Partnership for Children Debit Credit $18,800 Salaries FICA Departmental Supplies Books & Periodicals Training & Travel Telephone Expense $11,000 800 500 3,500 1,500 1,500 Purpose: To budget the N.C. Partnership for Children grant received for the first quarter ofFY 1997-98. APPROVAL OF CONSENT AGENDA ITEM 10, ADOPTION OF RESOLUTION TO REVISE THE NEW HANOVER COUNTY PURCHASING POLICY TO COMPLY WITH NCGS 143-129 Chairman Greer stated, in his opinion, the Board should be informed about the disposal of items and maintain its authority to reject bids. He recommended authorizing Staff to dispose of it ems with a figure less than the proposed $5,000 and eliminate Section 4, which would delegate authority for the County Manager or Chief Purchasing Agent, to award, reject, and re-advertise bids. Commissioner Birzenieks agreed with Chairman Greer and recommended allowing Staff to dispose of items less than $1,000. Director of Finance, Bruce Shell, advised that increasing the limit on items to be disposed would alleviate the necessity for Board approval when disposing of small items. He advised that changing the figure from $5,000 to $1,000 would not be a problem for the Finance Department. Deputy County Manager Atkinson reported the purpose for delegating the County Manager or Chief Purchasing Officer to reject bids was to save time when bids are received that are not acceptable. This would allow Staff to move forward with the rebidding process instead of having to wait until the next meeting of the Board. He suggested approving this section contingent upon a report being submitted to the Board when a bid is rejected. Chairman Greer stated he wanted the current policy regarding bids to remain unchanged. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the revisions to the New Hanover County Purchasing Policy with amending Section 3 to authorize Staff to dispose of items valued at less than $1,000 instead of$5,000 and eliminate Section 4 to allow the current policy for awarding and rejecting bids to remain unchanged. 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 XXIV, Page 2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 27 APPROVAL OF CONSENT AGENDA ITEM 14, REQUEST TO CHANGE THE COMPANY PROVIDING LONG-TERM DISABILITY INSURANCE FOR NEW HANOVER COUNTY EMPLOYEES Chairman Greer expressed concern for changing the long-term disability insurance contract from Jefferson-Pilot, a reputable North Carolina Company, to the UNUM Life Insurance Company located in Maine. Finance Director, Bruce Shell, explained that UNUM Life Insurance Company offered a greater benefits package at a lower price for a period of two years. Commissioner Birzenieks questioned whether UNUM had submitted a low-ball rate to obtain the business and stated the firm could significantly increase the rate in subsequent years. He asked if any assurance had been provided that this type of situation would not occur if the change should be made? Deputy County Manager Atkinson explained that health insurance policies were evaluated by the County's consultant, Health Care 2000, on a yearly basis to receive the lowest price on the market. The consultant has recommended award of the contract to UNUM because the County will save $30,000 annually and the employees will receive a better benefits package. Commissioner Birzenieks asked ifUNUM had an office in North Carolina? Finance Director Shell responded a branch office was located in Charlotte with a 24-hour 800 service number. Motion: After discussion of the UNUM offer driving the Jefferson-Pilot rate down, Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to award the long-term disability insurance contract to UNUM Life Insurance Company as recommended by the consultant. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Human Resources Department. PRESENTATION OF RETIREMENT PLAQUES Deputy County Manager Atkinson requested the following persons to step forward to receive retirement plaques: James F. Cunius, Emergency Medical Services Edward R. Dawson, Sheriff's Department 10 years and 5 months 24 years and 1 month Chairman Greer, on behalf of the Board, presented retirement plaques to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. A round of applause was given to the employees. PRESENTATION OF SERVICE AWARDS Deputy County Manager Atkinson requested the following persons to step forward to receive service awards: Judith B. Suggs, Elections Sean D. Jones, Sheriff's Department Lachlan 1. MacNeish, Sheriff's Department Steven D. Little, Sheriff's Department Samuel S. Richardson, Jr., Sheriff's Department Deborah N. Hawkins, Finance Department George A Canady, Environmental Management Dept. Kathy Wright, Department of Social Services Marie H. Warren, Health Department Bonnie H. Sibbett, Department of Social Services 5 years 5 years 5 years 5 years 5 years 5 years 5 years 5 years 5 years 15 years NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 28 Chairman Greer, on behalf of the Board, presented service awards to the employees and expressed appreciation for their years of service. A round of applause was given to the employees. RECOGNITION OF NEW COUNTY EMPLOYEES Deputy County Manager Atkinson requested the following newly hired employees to stand and be recognized: Don Ross, MIS Debbie Toth, MIS Michael McCarty, Emergency Medical Services Joe Garcia, Health Department Evelyn Bowden, Health Department Donnie Hall, Fire Services David Styers, Inspections Department Bert Billings, Inspections Department Marvis Ann Storer, Register of Deeds Sheila Sweeney, Library Vanessa Causey, Library Karl Smith, WASTEC Derl DeMello, W ASTEC Arthur Pratesi, WAS TEC Jonathan Meadows, WAS TEC Vernon Deal, WAS TEC Den Gedz, Property Management Curley Johnson, Property Management Thomas Melton, Property Management Alyssa Harrell, Department of Social Services Genevie Jackson, Department of Social Services Tomeka Davis, Department of Social Services Melissa Cowan, Department of Social Services Carol Amyot, Department of Social Services Jana Engle, Department of Social Services Nancy Hayes, Department of Social Services Terry Smith, Department of Social Services Jill Bland, Department of Social Services Versheila Solis, Department of Social Services Chairman Greer, on behalf ofthe Board, welcomed the new employees to County government and wished them well in their new careers. CONSIDERA TION OF FUNDING FOR THE PORTERS NECK SATELLITE FIRE STATION Fire Administrator, Phil Kouwe reported on May 30, 1996, New Hanover County entered into an agreement with the Ogden Volunteer Fire Department for co-ownership and funding ofthe Porters Neck Satellite Fire Station. A condition of the agreement was execution of a performance based multi-year funding arrangement with the Ogden Volunteer Fire Department. Due to unforseen matters, the formulation and negotiation ofthe performance standards have been delayed. He advised the project was moving slowly because of a delay in the redesign of construction materials to be used on the building. A selection was made to use a lighter weight specialized concrete material which required the architect to review the design to be sure the product would be satisfactory. It appears that some ofthe materials have been approved in the last week. Hopefully, the plan will be submitted to the Inspections Department in the near future to obtain a building permit. Also, there has been concern regarding the Special Use Permit. Typically, a Special Use Permit would expire at the end of two years if a building permit had not been obtained. Since the plan for the Porters Neck Fire Station has been revised a number of times, the Ogden Volunteer Fire Department has not been able to apply for a building permit because the final plan has not been completed. After checking with the Inspections and Zoning NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 29 departments, it was found a sufficient number of items during the construction process had been completed, such as zoning approval, sewer connection approval, etc., which validates the Special Use Permit. Chairman Greer inquired as to whether a representative from the Ogden Volunteer Fire Department would like to comment on the project. Mr. Robert Murray, a member of the Ogden Volunteer Fire Department, reported the Volunteer Fire Department had been working with the builder to construct a building that would withstand hurricane force winds. An effort has also been made to modify the plan of the building for future use. Chairman Greer expressed concern for the delay in construction and asked if the building was going to be constructed sometime in the near future? He strongly objected to informing residents of the area that a fire station would be built within the next year, and approximately three and one-half years later, the building has not been constructed. He requested Mr. Murray to discuss this matter with the Chief of the Ogden Volunteer Fire Department and notify the Commissioners immediately if there are any problems that will further delay construction of the fire station. Mr. Murray responded that he would discuss this matter with the Fire Chief. Vice-Chairman Caster strongly objected to the length of time taken to construct the building and he emphasized the importance of providing a fire satellite station to supply adequate fire coverage to the Porters Neck area. He referenced the comments in the agenda material which expressed concern about the building being designed for storage only and stated this was a condition of the Special Use Permit. During the approval process, the residents living in surrounding areas were very much concerned about placement of a fire station with full-time staffing. He stated, in his opinion, the original plan should not be changed in the middle of the project. Fire Administrator Kouwe reported that discussion of the performance based contract was being negotiated in committee meetings. He advised the Ogden Volunteer Fire Department had worked cooperatively to develop detailed criteria based upon National Fire Protection Association standards. Chairman Greer reiterated the importance of knowing that construction will begin on a specific date. He requested Fire Administrator Kouwe to be sure that negotiations have been completed in order to move forward with the project. County Attorney Copley referenced the Letter of Understanding and requested the Board to authorize the County Manager to execute the document. She advised the Letter of Understanding was intended to modify the terms and conditions of the agreement entered into on May 30, 1996. Chairman Greer recommended waiting to modify the contract until the problems for delaying the project had been addressed. Assistant County Attorney, Kemp Burpeau, advised the Letter ofUnderstanding was prepared because the original agreement with the Ogden Volunteer Fire Department was a special agreement since the County was to be a co-owner of the property. He advised the original agreement specifically stated if a performance based contract was not formulated within six months the contract would be void; therefore, the original agreement is void. Approval of the Letter of Understanding will revive the on-going agreement. Chairman Greer expressed concern for all contracts with Volunteer Fire Departments not being uniform, and he asked why a special agreement had to be negotiated with the Ogden Volunteer Fire Department when the County has joint title to the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 30 Assistant County Attorney Burpeau explained that New Hanover County does not have joint title to the property because this was part of the negotiated arrangement with the Ogden Volunteer Fire Department. The title of all other fire stations are in the individual name of the Volunteer Fire Department. Due to this joint ownership requirement, a special agreement had to be negotiated. Further discussion occurred on the contract being void with the Ogden Volunteer Fire Department. Fire Administrator Kouwe explained the contract with the Ogden Volunteer Fire Department was a separate contract from the regular service contract. The annual service contracts are in the process of being renewed for all volunteer fire departments. He stated at no time will the Ogden Volunteer Fire Department be operating without a service contract. Commissioner Howell, the Commissioners' representative on the Fire Commission, recommended approving the Letter of Understanding to continue negotiation of the performance based contract. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to authorize the County Manager to sign the Letter of Understanding amending the contract with the Ogden Volunteer Fire Department for construction of the Porters Neck Satellite Fire Station. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Deputy County Manager Atkinson informed the Board that an item would be placed on the August 4, 1997, agenda for the Ogden Volunteer Fire Department to report on the status of the construction project. PRESENTA TION OF ANALYSIS ON THE ROOM OCCUPANCY TAX REVENUES AND EXPENDITURES Finance Director, Bruce T. Shell, presented slides and reported the Room Occupancy Tax (ROT) was established by the North Carolina Legislature in 1983. The New Hanover County Board of Commissioners levied a 2 percent tax with an 80 percent distribution of proceeds to beach renourishment and 20 percent to tourism. Since that time the North Carolina Legislature has increased the Room Occupancy Tax from 2 percent to 3 percent and changed the distribution formula from 80/20 to 75/25 and from 75/25 to 60/40 which is the current ratio. Currently, approximately $800,000 is received by the Convention and Visitors Bureau with the remaining portion appropriated to the beach renourishment fund. The Port, Waterway, and Beach Commission reviews beach renourishment projects and recommends distribution of the ROT funds for projects. The Room Occupancy Tax Fund has received in excess of$15,000,000 plus $2,500,000 in earned interest for a total of $17,500,000 with $4,000,000 expended for tourism and $3,300,000 for beach renourishment or erosion projects. The enabling legislation states that revenue collected from the Room Occupancy Tax cannot be used to plan, construct, operate, maintain or in any way promote a civic center, convention center or public auditorium. In order to change the manner in which the revenue can be spent requires a vote by the qualified voters of the county at the time of a statewide general election. The following charts were presented: Room Occupancy Tax Gross Sales: From 1987-88 until 1996-97, the gross sales have increased from to $31,00,000 to $69,500,000. The ROT gross sales for the past five years have increased 8% each year. Also, there is an additional $2,800,000 generated in sales tax with $1,000,000 being returned to the County. Off Season Room Occupancy Tax: During the past five years, there has been an average increase of 12.25 percent in the offseason compared to an increase of6. 76 percent in the tourist season. Figures prepared by Dr. William W. Hall, Jr., Director of the Center for Business & Economics NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 31 Services, UNCW, indicate the tourist season has grown 8.6 percent annually since its inception in 1983. The off season has grown 10.4 percent since its inception. Room Occupancy Tax Collections by Sites: The following chart was presented to show the percentage of revenue collected from the various jurisdictions: City of Wilmington Wrightsville Beach Carolina Beach Kure Beach New Hanover County 49.0% 27.7% 12.8% 5.8% 4.7% Room Occupancy Tax Distribution of Tourism Funds: The following chart was presented to show the percentage of revenue distributed by the ad valorem method to the jurisdictions: New Hanover County City of Wilmington Wrightsville Beach Carolina Beach Kure Beach 73.8% 20.9% 2.3% 2.3% 0.7% Finance Director Shell reported that 100% of the tourism dollars collected are forwarded to the Convention and Visitors Bureau. The City of Wilmington and Town ofKure Beach selected the option to receive a County check for the tourism dollars with each government writing and mailing a check to the Convention and Visitors Bureau. The Town of Wrightsville Beach and Town of Carolina Beach decided to authorize the County to send the tourism portion directly to the Convention and Visitors Bureau with a copy of the letter showing the distribution. Vice-Chairman Caster reported this item was placed on the agenda because the Port, Waterway, and Beach Commission felt it was time to review the distribution formula. The Commission was concerned about the potential loss of federal and state funding for beach renourishment and erosion control projects. He commented on having no problem with reviewing the formula and suggested hearing comments from Mr.Herb McKim, Mayor ofWrightsville Beach, and Ms. Betty Medlin, Mayor ofKure Beach. Mayor Herb McKim reported a letter was received from the Port, Waterway, and Beach Commission informing the Town ofWrightsville Beach that $8,000 would be required as the town's share for the spring beach renourishment project. Concern was expressed for the taxpayers of Wrightsville Beach being required to pay $8,000 from the FY 1997-98 Budget when Wrightsville Beach collects 27.7% of the revenue generated by the ROT and receives only 2.2% under the ad valorem formula. He requested the Commissioners to eliminate the share paid by the beach communities for beach renourishment projects. Vice-Chairman Caster explained the Port, Waterway, and Beach Commission felt that requiring the beach communities to contribute a percentage of funding for beach renourishment projects would encourage the state and federal officials to continue allocating funds for these projects. Further discussion was held on the possibility ofthe state and federal governments eliminating funding for beach renourishment projects. Mayor McKim stated the Alderman were not upset with the current ROT formula; however, the County should have adequate funds in the ROT fund to cover beach renourishment projects if funding should be drastically reduced. He reported a group had been formed to develop some form of area planning that will address erosion problems experienced with inlets, bays and sounds. He requested the Commissioners to consider paying for the study from the ROT account, and stated if long-range planning had been in place, the Town ofWrightsville Beach and New Hanover County would not be faced with the possibility oflosing the Shell Island Resort tax base. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 32 In closing, Mayor McKim requested representation from the beach communities on any committee that was appointed to review the ROT distribution formula. Chairman Greer asked if the beach communities were aware of the North Carolina Shore and Beach Preservation Association? He advised New Hanover County had been requested to assist with contacting coastal communities to see ifthey would be interested in forming an association that would focus on the preservation of shorelines and beaches. Mayor McKim commented on not being aware ofthis association and stated the counties and beach communities should unite to lobby in the Congress and the N. C. General Assembly to ensure that beach renourishment funding is not eliminated. Mayor Betty Medlin reported after working for a year to acquire funding for the Kure Beach renourishment project, a great deal of effort was needed to receive funding from the County, State, and Federal governments. She advised she served on the Board of Directors for the Convention and Visitors Bureau, the Board of Directors for the Port, Waterway, and Beach Commission, and now represents Kure Beach on the N. C. Shore and Beach Preservation Association. When the last change was made by the General Assembly to reduce beach renourishment from 75 percent to 60 percent, she opposed the change because without renourished beaches, tourists will not come to New Hanover County. She stated with the beaches being the number one tourist attraction, it was imperative to fund beach renourishment projects. Mr. Bobby Rippy, Chairman of the Convention and Visitors Bureau, commented on hiring a new director to operate the Bureau effective August 1, 1997 and stated this was not the time to review the distribution formula. He disagreed with Mayor Medlin's remarks regarding the beaches being the main attraction and stated the room rental figures show that many people visit historic Wilmington and plan conventions and conferences in the downtown area. He requested the Board to wait two years to review the ROT distribution formula and allow the new director ample time to advertise and promote expansion of tourism in New Hanover County. Emphasis was placed on the need to have adequate funding to move forward with this process, and the Board was reminded that growth in tourism raises more money for beach renourishment and the local economy through increased business for room rentals, restaurants, and retail sales. Commissioner Birzenieks, the Commissioners' representative on the Convention and Visitors Bureau Board of Directors, commented on the excellent job performed by the Board in hiring a new director and he recommended waiting to review the ROT distribution formula. Chairman Greer stated after reviewing the numbers presented by the Finance Director, it appears that both tourism and beach renourishment are financially sound. He suggested delaying a review of the ROT distribution formula, and he asked Vice-Chairman Caster to request the Port, Waterway, and Beach Commission to meet with the beach communities to discuss the equity of requiring a local match for beach renourishment projects. Consensus: It was the consensus of the Board to allow the ROT distribution formula to remain unchanged and request the Port, Waterway, and Beach Commission to study the equity of requiring beach communities to pay a local match for beach renourishment projects. BREAK Chairman Greer called a break from 10:30 AM. until 10:45 AM. CONSIDERA TION OF NEW HANOVER COUNTY CONVEYING ITS INTEREST IN THE COMMUNITY ARTS CENTER TO THE CITY OF WILMINGTON Assistant City Attorney, Delores Williams, presented background history on the Community Arts Center, formerly known as the US.O. Building, and reported the City and County originally acquired the site in 1941. City records indicate that the building was leased by the U. S. Government as a US.O.facility until the use ceased. Then the US.O. building was sold by the Federal Government to the City for $18,000 after WWII through unrecorded NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 33 instruments. The current recorded ownership of the land remains in the name of New Hanover County and the City of Wilmington. Commissioner Davis advised that a letter had been received from Mayor Betz requesting the Board to appoint two persons to serve as County representatives on the Arts Committee. He asked if the Board should make the appointments? Chairman Greer responded if the Board decides to convey its ownership of the property to the City, it would not be necessary to appoint two representatives to serve on the committee. City Councilman, Frank Conlon, reported the intent of the committee was to represent all facets of the art community, not just the performing arts and persons who currently use the Community Arts Center. The Committee was assigned two tasks: (1) find a place for the current users of the Community Arts Center to operate on a short-term basis if the building was immediately sold; and (2) develop a long-range plan to provide facilities for the arts community. The Committee has met twice and generated an interim report. Also a survey has been developed to ascertain the current users of the building to identify the use by each group to enable the Committee to better understand the interests of the arts community. This is an opportune time to bring all facets of the arts in the City and County together for a complete review ofthe various groups. There is no fixation on whether or not the users should remain in the Community Arts Center; however, the City is gradually freeing itself of buildings that are not in compliance with ADA requirements and are expensive to maintain. Commissioner Birzenieks congratulated the City Council for supporting the arts programs, but expressed regret for the confusion surrounding the issue. He recommended completion of the study by the Arts Committee before conveying the County's interest in the property to the City. Commissioner Davis agreed with Commissioner Birzenieks and recommended tabling the issue and appointing two persons to the Arts Committee to represent New Hanover County. He stressed the importance of protecting the present users of the facility by being sure another location is found for these programs. City Councilman Conlon reported the City never had any intention of not providing an adequate facility for the current users of the Community Arts Center if the building was sold. He strongly objected to anyone feeling this was the case. Mr. James Crouch, a resident of New Hanover County living in the Ogden area, reported his children had attended the programs and activities offered by the Community Arts Center for years. He stressed the importance of providing activities to the children and stated the Arts Camp will be held the week of August 8 for children interested in the arts. More than 300 children will attend this school. He urged the Board to delay conveying the County's title of the property until the Arts Committee has completed its study. He also requested the Board to appoint him to serve as a County representative on the Arts Committee. Chairman Greer reported the records show that the City of Wilmington purchased the building from the U. S. Government for $18,000 without any funding from New Hanover County. He recommended conveying the title of the property to the City and appointing two people to represent the County on the Arts Committee. Commissioner Howell reported after reviewing the information, it appears the City has ownership of the building; however, he feels the Arts Committee should complete its study before conveying the County's interest in the property. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to postpone action concerning the City's request for a quitclaim deed from New Hanover County for its interest in the Community Arts Center parcel until the Arts Committee has completed its study, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 34 and move forward with appointing two persons to serve as County representatives on the Arts Committee as per the Mayor's request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay: Vice-Chairman Caster Chairman Greer Consensus: After discussion of appointing two persons to represent the County on the Arts Committee, it was the consensus of the Board to request the Clerk to advertise the vacancies and present applications to the Board for consideration at the August 4, 1997, Board meeting. Discussion followed on the results of the study by the Arts Committee. Chairman Greer expressed concern for the Arts Committee recommending use of the present building and then requesting the County to fund half of the costs involved with renovating the building to ADA standards. He asked if this was possible? Councilman Conlon responded if the County does not convey its interest in the property to the City, this type of cost could be incurred. Commissioner Birzenieks stressed the importance of the arts to the entire region and stated the Community Arts Center provides many educational programs to young people interested in the arts. He referenced the funding that was approved by the Board of County Commissioners for the Skate Park and stated, in his opinion, the Community Arts Center will serve more citizens. CONSIDERATION OF REDUCTION OF TIP FEES FOR RECYCLABLE CARDBOARD Director of Environmental Management, Ray Church, stated in an effort to encourage the separation of cardboard from the waste stream and recycling of old corrugated containers the Department has requested a reduction or wavier of tip fees for loads containing cardboard. The proposed structure was presented. 1. Waive the tipping fee for clean loads of old corrugated containers (OCC). 2. Loads containing 15-30% in trash volume by visual inspection would be charged $10 per ton for the entire load. 3. Loads greater than 30% in trash volume by visual inspection would be charged the full tipping fee for the entire load. When waiving or reducing tipping fees the following points should be noted: A The reduced tip fee will not directly compete with any local vendor for the material. Currently, Waste Management pays approximately $20/ton for OCC. Two other local marketers, Cape Fear Recycling and Keys Vocational Workshop accept OCC at no charge. Both Cape Fear Recycling and Keys offer the advantage of convenient locations, while Keys offers a collection service. B. The County OCC recycling operation provides a back up option when any of the operations are down for routine maintenance. C. Charging a reduced or full tip fee for mixed loads will cover processing charts and the cost for disposing of a non-OCC fraction of a load. D. Waiving the tipping fee for OCC will be consistent with the public or the haulers dropping off any other recyclable material at the Landfill or W ASTEC. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 35 In closing, Director Church reported in order to encourage separation and reduce the waste stream, a reduction in the tip fee is being requested. Lost revenue from tip fees can be recovered from revenues generated from the sale of OCC, currently at $42 per ton. Processing costs are minimal due to the use of inmate labor. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reduce the tip fee for old corrugated containers as recommended by the Department of Environmental Management. Upon vote, the MOTION CARRIED UNANIMOUSLY. REPORT ON THE FUTCH CREEK WATERSHED PLAN Assistant Planning Director, Patrick Lowe, presented a slide presentation that provided an overview of the Futch Creek Watershed Plan and the tidal creek water quality studies. He reported the Futch Creek Watershed Steering Committee was seeking to implement all necessary actions to carefully control activities within the estuarine watersheds to improve water quality and ensure the protection, preservation, and restoration of shellfishing by bringing all coastal waters up to a high water quality standard. Assistant Planning Director Lowe introduced Mr. John Jefferies, a member of the Futch Creek Watershed Steering Committee to comment on the report. Mr. Jefferies stated he had been a resident of Futch Creek since 1975. He commented on the growth that has occurred in the area and expressed appreciation to the Board for allowing him to serve on the Steering Committee. He complimented Assistant Planning Director Lowe and Planner Pete Avery for the excellent assistance given to the Committee during the study. He also expressed appreciation to Mr. Paul Foster, a member of the Northeast New Hanover Conservancy and to Dr. Michael Mallin, Dr. Martin Posey, and Dr. Larry Cahoon from UNC- W for the support given to the committee. The following goals were presented to provide the foundation for the plan: COOPERATION: Encourage local and regional planning, public education, and the sharing of information. This goal can be accomplished as follows: (1) Due to the unique location of the Futch Creek Watershed along the shared boundary between New Hanover and Pender counties, seek to develop an interlocal agreement on the use of Futch Creek resources. (2) Support water quality programs from the UNCW Center for Marine Science Research, Cape Fear Resource Conservation & Development Council, N. C. Cooperative Extension Service, and other agencies. (3) Seek improved storm water practices under the N. C. Department of Transportation (NCDOT). -Assure that development outside of the basin does not result in interbasin transfer of drainage into the Futch Creek Watershed. -Develop contacts with the NCDOT to assure water quality awareness. -Encourage and participate in public education activities concerning the development and the environment in the Futch Creek watershed. ~ Encourage and support efforts to expand public education concerning tidal creek Issues. -Support educational programs of the N. C. Cooperative Extension Service, New Hanover County Soil & Water Conservation District, and other agencies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 36 -Provide incentives and technical assistance for protection of critical habitats owned by private interests in the vicinity of Futch Creek. Seek funding from the Clean Water Trust Management Fund. -Continue development of locally funded and supported programs to monitor the health of Futch Creek. -Develop and support public involvement and outreach to ensure continued communication with the public and expanded awareness of tidal creek issues. -Support development of educational programs by public and private agencies. ( 4) Encourage and facilitate the transfer of information among state and federal agencies, local governments, environmental organization, and citizens especially as this information relates to the Futch Creek Watershed and similar environments. This will entail maintaining lines of communication and cooperative programs with federal, state, and local agencies charged with addressing environmental issues. Support should be given to development of better indicators of shellfish water contamination and apply these measures to Futch Creek. PROTECTION: Preserve existing high quality estuarine waters and native biota, upgrade substandard water quality, and maintain the groundwater aquifer in the Futch Creek drainage basin. (1) Develop a comprehensive watershed management plan for Futch Creek and its environs. Explore flexible and innovative planning, urban, design, and engineering standards. Designate a Futch Creek Watershed protection District and develop standards for this overlay zone that will provide for critical areas, setbacks, and buffers. Prepare standards for the quality of groundwater in the watershed. Develop standards for quantity, quality and other parameters (fecal coliform, nitrogen, phosphorus, etc.) for point source drainage into the watershed by monitoring enforcement of septic tank regulations and developing regulations concerning drainage discharges into the vicinity of Futch Creek. Develop improved standards and regulations with respect to construction practices in the Futch Creek Watershed by consistent regulations within both New Hanover and Pender counties. Develop standards for the type and extent of impervious surfaces within the watershed. Develop standards and regulations pertaining to forestry and agriculture activities within the watershed, and preserve and restore natural resources in the creek. RESPONSIBILITY: Maintain the quality oflife in the Futch Creek Watershed by supporting only those activities that have minimal adverse impact on the natural resources of the creek. Encourage orderly development and carefully regulate golf courses and agricultural activities within the watershed. Support activities that enhance production of commercial and recreational fisheries in Futch Creek. Carefully regulate marinas requiring dredging, boat services, and sewage disposal. Encourage the use of native and non-invasive landscaping and tree cover in developed areas. Implement the best management practices in all applicable habitats and environments of Futch Creek. In closing, Mr. Jefferies reported he would be glad to answer any questions. He stated New Hanover County must make a commitment to protect its natural resources, and the citizens living in New Hanover and Pender counties must work together to protect the quality oflife in this area. Vice-Chairman Caster inquired as to whether the same presentation had been made to the Pender County Board of Commissioners? Mr. Jefferies responded the report would be presented to the Pender County Board of Commissioners in the near future. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 37 Chairman Greer commented on the recent article in the Star-News regarding Paul Foster and members of the Northeast New Hanover Conservancy being displeased with actions taken by the County, and he asked if the Conservancy was withdrawing from the study process? Assistant Planning Director Lowe stated Mr. Foster was initially concerned that drainage would be the only issue addressed in the Futch Creek Watershed Study; however, since learning that water quality was being thoroughly reviewed, Mr. Foster has been participating in the water study with the Conservancy funding studies on certain creeks. Vice-Chairman Caster expressed concern for reading about the problem in the newspaper and requested Staff to keep the Board informed about issues of this type. Chairman Greer reported the Board had hired an engineering firm to perform a Watershed Study on Pages Creek to collect the necessary data to provide the right approach for the County to follow in addressing drainage and developing regulations for watershed basins. He stated once the study has been completed, the County will have a model to use for studying other basins. Mr. Jefferies responded the immediate concern was to provide information for the Land Use Plan Update. He urged the Board to consider the recommendations presented in the Futch Creek Study to provide data for the Land Use Plan Update. Chairman Greer reported on a planning process that was occurring with a diverse committee composed of representatives from the City, County, Chamber of Commerce, and other civic groups. He stated water quality issues were being discussed so that recommendations could be incorporated into the Land Use Plan Update. He requested Mr. Jefferies to become involved in the planning process. Discussion occurred on whether the Futch Creek Watershed Steering Committee should continue to work on the study. Chairman Greer stated he felt the Steering Committee should continue the study so the data generated can be included in the overall plan. He also requested Assistant Planning Director Lowe to encourage Mr. Foster and the Northeast New Hanover Conservancy to participate in the work. Emphasis was placed on the importance of all groups working together on this initiative. Consensus: It was the consensus of the Board for the Futch Creek Watershed Steering Committee to continue to work on the study. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Jefferies and the members of the Steering Committee for the work and effort given to develop the plan. FIRST READING OF ORDINANCE TO AMEND CHAPTER 15, SECTION 15-124, SPECIFIC FEES, OF THE NEW HANOVER COUNTY CODE BY ADDING SUBSECTION (5) FOR USERS OF THE 1-40 WASTEWATER TREATMENT SYSTEM County Engineer, Wyatt Blanchard, requested the Board to adopt an ordinance to modify the project assessment fee from $12.50 to $10.00 per gallon for the users of the 1-40 treatment system. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt an ordinance to amend Chapter 15, Section 15-124, Specific Fees, of the New Hanover County Code to reduce the wastewater treatment fee from $12.50 to $10.00 per gallon for users of the 1-40 wastewater treatment system. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 38 Chairman Greer stated, for the record, he was not opposed to the ordinance but he voted in opposition to allow the public another opportunity to comment before the ordinance was finally adopted. A second reading of the ordinance will be held on August 4, 1997. FIRST READING OF ORDINANCE TO AMEND CHAPTER 15, SECTION 15-7(B) OF THE NEW HANOVER COUNTY CODE TO ESTABLISH A WATER DEVELOPMENT FEE County Engineer, Wyatt Blanchard, reported the demand to supply water to new customers has steadily increased. In order to provide water service when appropriate, Staff recommends recovering the cost of providing the service from the customer. The recommended fee would be $1.80 per gallon of required water capacity broken down as follows: $ .80 - Transportation Facilities $1.00 - Elevated Storage County Engineer Blanchard advised that all or a portion of the fee would not be charged if the developer had participated in the project. The fee would cost $720 for a single-family residential unit. He requested the Board to adopt the ordinance. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt an ordinance amending Chapter 15, Article Section 15-7(b) of the New Hanover County Code to establish a water development fee. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer Chairman Greer stated, for the record, he was not opposed to the ordinance but he voted in opposition to allow the public another opportunity to comment before the ordinance was finally approved. A second reading of the ordinance will be held on August 4, 1997. BREAK Chairman Greer called a break from 11:45 AM. until 12:01 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the Water and Sewer District from 12:02 until 12:24 P.M. APPROVAL OF BUY AND SELL AGREEMENT (CONTRACT #98-0068) TO PURCHASE THE THIRD FLOOR OF THE BELLSOUTH BUILDING LOCATED AT 102 NORTH FOURTH STREET Deputy County Manager Atkinson reported in order to meet space needs of the Sheriff's Department and Court System, Staff has been working with BellSouth to secure space in the building located at 102 North Fourth Street. A preliminary agreement has been reached whereby the County can purchase approximately 14,000 square feet on the 3rd Floor of the BellSouth building for $850,000. The Sheriff has surveyed the space and believes it will greatly help to relieve overcrowding. In addition, it is the Sheriff's desire to bring the Patrol Unit from the Airport to the downtown area to centrally locate all units. The space is being offered at $60.72 per square foot, which is an excellent price, and the property is in superb condition with minimal renovations required. The Board was requested to enter into a Buy and Sell Agreement with BellSouth for the purchase of the third floor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 39 Chairman Greer commented on discussion about the agreement being similar to an office condominium and asked if the contract has been modified. Deputy County Manager Atkinson responded a revised Buy and Sell Agreement has been prepared by the Legal Department with the following conditions: (1) The County's obligation to purchase is expressly contingent upon the County being able to obtain financing at an interest rate reasonably acceptable to the County. (2) The County's obligation to purchase is expressly contingent upon the County's reasonable determination that no environmental contamination exists on the subject property. (3) The County's obligation to purchase is expressly contingent upon the Seller's preparation of a Declaration of Condominium acceptable to the County. Discussion was held on maintenance of the building. County Attorney Copley advised that maintenance would have to be negotiated in the final contract. Further discussion was held on how the space would be used. Deputy County Manager Atkinson reported after discussion with the Sheriff McQueen, he has planned to move the Patrol Unit, Detective Unit and Vice & Narcotics Unit to the third floor. He advised the Airport had been informed about the possible relocation of the Patrol Unit. Major Lanier stated that Sheriff McQueen was unable to attend the meeting. He advised that moving the three units to a central location would greatly benefit the Sheriff in the operation of the divisions as well as free up space for the jail and courts. Chairman Greer expressed concern for moving the Patrol Unit from the Airport A lengthy discussion followed on the lack of parking spaces for the Patrol Division, the possibility of using the space for the Emergency Operations Center, and the need to be sure the space was going to be appropriately used. Chairman Greer recommended meeting with Sheriff McQueen to discuss how the space should be used. Commissioner Birzenieks commented on the need to review space needs for all County functions and recommended moving forward with developing a Master Space Plan. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to authorize the County to enter into the Buy and Sell Agreement with BellSouth to purchase the third floor of the BellSouth Building located at 102 North Fourth Street at a cost of $850,000 contingent upon the conditions outlined in the agreement, and authorize Staff to proceed with developing a Master Space Plan. The Chairman was authorized to execute the agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Buy and Sell Agreement is on file in the Legal Department. COMMITTEE APPOINTMENTS Reappointment of Richard L. Achilles to Serve on the Human Services Allocation Advisory Committee Chairman Greer announced that four vacancies needed to be filled on the Human Services Allocation Advisory Committee. He reported that only one application had been received in the name of Richard L. Achilles, who was eligible for reappointment. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reappoint Richard L. Achilles to serve a three-year term on the Human Services Allocation Advisory Committee with the term to expire June 30, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 40 Appointment of Kristen M. Beck to Fill an Unexpired Term on the Industrial Facilities and Pollution Control Financing Authority Chairman Greer announced that an unexpired term needed to be filled on the Industrial Facilities and Pollution Control Financing Authority because of the resignation by Daniel L. Biblin. He reported that four applications had been received, and he opened the floor to receive nominations. Vice-Chairman Caster nominated Kristen M. Beck. Commissioner Birzenieks seconded the nomination. There being no further nominations, Chairman Greer declared the nominations closed. Upon vote, the Board UNANIMOUSLY appointed Kirsten M. Beck to fill the unexpired term of Daniel L. Biblin on the Industrial Facilities and Pollution Control Financing Authority. The term will expire February 22, 2001. Reappointment of Moe Kotler to Serve on the Jury Commission Chairman Greer announced there was one vacancy on the Jury Commission with one application received in the name of Alice Prince Hardee. He reported that Mr. Moe Kotler had requested to be reappointed for another term even though he had served more than two terms. Chairman Greer opened the floor to receive nominations. Commissioner Howell nominated Moe Kotler. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Upon vote, the Board UNANIMOUSLY reappointed Moe Kotler to serve a two-year term on the Jury Commission to expire June 30, 1999. Reappointment of Edward V. Grace and Anne Hardaway to Serve on the Nursing Home Community Advisory Committee Chairman Greer announced that two vacancies needed to be filled on the Nursing Home Community Advisory Committee. He reported that five applications had been received with two of the applicants, Edward V. Grace and Anne Hardaway, desiring to be reappointed. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reappoint Edward V. Grace and Anne Hardaway to serve three-year terms on the Nursing Home Community Advisory Committee with the terms to expire July 31,2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Planning Board Chairman Greer announced that three vacancies needed to be filled on the Planning Board and reported that thirteen applications had been received with one applicant, John Edward Galarde desiring to be reappointed. He opened the floor to receive nominations. . Vice-Chairman Caster recommended reappointing Mr. Galarde before filling the other vacanCIes. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reappoint John E. Galarde to serve a three-year term on the New Hanover County Planning Board with the term to expire July 31, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations for filling the remaining three-year term on the Planning Board. Commissioner Howell nominated Kirk Davy. Vice-Chairman Caster seconded the nomination. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 41 There being no further nominations, Chairman Greer closed the nominations. Upon vote, the Board UNANIMOUSLY appointed Kirk Davy to serve a three-year term on the Planning Board with the term to expire July 31, 2000. Chairman Greer opened the floor to receive nominations for filling the unexpired term. Vice-Chairman Caster nominated Robert L. Murphy. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Upon vote, the Board UNANIMOUSLY appointed Robert L. Murphy to fill the unexpired term on the Planning Board created by the death of John E. Dyer. The term will expire July 31, 1998. ADDITIONAL ITEMS Discussion of Appointing a County Commissioner to Serve on the Wilmington Housing Finance and Development, Inc. (WHFD) Board of Directors Chairman Greer reported he had resigned from the WHFD Board and stated a letter had been received from Mr. Bob Lucas, the Executive Director ofWHFD, to appoint another Commissioner to serve on the board. Consensus: After discussion ofthe request, it was the consensus of the Board to postpone action on this item until August 4, 1997, and request the Clerk to check into the by-laws to see if a County Commissioner must be appointed to serve on the WHFD Board of Directors. Adoption of Resolution Authorizing the Sheriff to Purchase a Boat to Enforce the Personal Watercraft Ordinance County Attorney Copley requested the Board to adopt a resolution to allow the Sheriff to purchase a boat as outlined under NCGS 143-129(a). She advised the bidding process would require six weeks which would prohibit the Sheriff from being able to enforce the ordinance during the height of the tourist season. In order to protect the health and safety of persons using the waterways, the Sheriff's Department must purchase a boat as soon as possible. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a resolution authorizing the Sheriff to purchase a boat. 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 XXIV, Page 2. Report on Attending the Change of Command Ceremony at Camp Lejuene Vice-Chairman Caster reported on attending the Change of Command Ceremony at Camp Lejuene and passed out a brochure notifying the Board of the new Commander. He stated the ceremony was interesting and very enjoyable. Report on Attending the Annual Meeting of the Coastal Horizons Center, Inc. Vice-Chairman Caster reported on attending the annual meeting of the Coastal Horizons Center, Inc. He commented on the amount of funding received by Coastal Horizons Center, Inc. from the Southeastern Center and stated this was another example of one agency funded by the County receiving funding from another agency funded by the County. Report on Road Dedication of the Francis Peter Fensel Portion of U. S. Highway 421 Vice-Chairman Caster reported on attending the Road Dedication Ceremony by the North Carolina Department of Transportation for the Francis Peter Fensel portion ofU. S. Highway 421 down to the Cape Fear River. He stated the ceremony was quite nice and enjoyed by all persons attending the event. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 21, 1997 BOOK 26 PAGE 42 Discussion of Articles in July Edition of the Governing Magazine Vice-Chairman Caster commented on the interesting articles in the Governing Magazine and stated the Commissioners may be interested in reading the following articles: Hospitals at War, Terminal Pride; and Dilemma of the New Urbanists. Report on Search for New President/CEO of New Hanover Regional Medical Center Commissioner Birzenieks reported the Search Committee would be identifying the individual to serve as the new President/CEO of New Hanover Regional Medical Center the first week in September with an employment date of November 3, 1997. CLOSED SESSION Chairman Greer reported the County Attorney had requested a Closed Session to discuss matters relating to the location or expansion of an industry. He requested a motion to convene to Closed Session. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to convene from Regular Session to Closed Session pursuant to NCGS 143-318.10(4) to discuss matters regarding the location or expansion of an industry. Chairman Greer convened from Regular Session to Closed Session at 12:47 P.M. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 1: lOP .M. and reported that no action was taken during the Closed Session. ADJOURNMENT Chairman Greer adjourned the meeting at 1: 11 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board