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1997-11-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 208 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 17, 1997, at 9:00 AM. in the Assembly Room of 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; County Manager, Allen O'Neal; 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 TO THE FLAG Deputy County Manager, Andrew 1. 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. Ms. Catherine Lea, a resident of the Ogden area, spoke on a need to improve the appearance of the county by enforcing or implementing stronger regulations regarding signs, trash, debris and litter. Pictures were presented to the Board showing the number of signs placed in NCDOT rights- of-way, along streets throughout subdivisions, trash and junk cars on vacant lots, abandoned homes and businesses that are unsafe with overgrown lots that attract snakes and rats. She advised that discussion had been held with the local NCDOT office about removing signs from the rights-of-way. Also, the Attorney General had been contacted, and it was found that New Hanover County has the authority to remove signs in rights-of-way as well as the Department of Transportation. In closing Ms. Lea requested the Board to consider developing a County Code of Appearance to deal with litter, trash, junk cars, abandoned structures, signs, and overgrown lots. Due to the size of New Hanover County and the density of its population, these items must be addressed. Vice-Chairman Caster commented on Item 6 under the Regular Agenda regarding the establishment of a Citizens Solid Waste Advisory Board and stated that litter control would be studied when the committee is appointed. He also suggested contacting the real estate representatives about the placement of signs in NCDOT rights-of-way. Chairman Greer expressed appreciation to Ms. Lea for bringing this item to the attention of the Board. He advised the New Hanover County Code contains a Litter Ordinance as well as other ordinances addressing abandoned property and junk vehicles; however, the key issue has been enforcement. Ms. Lea was requested to contact Ms. Nancy Pritchett, Director of Keep America Beautiful, to see if assistance can be provided to clean up some of the areas shown in the pictures presented. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster expressed concern for the release of value to Miller Excavating Demolition, Inc. in the amount of$1,662.50 and asked ifthere was any connection with the release request and contracted work in the Wrightsboro area? County Attorney Copley responded the contract with Miller Excavating Demolition, Inc. was not connected to the release of value, which was a late listing penalty. The release was reviewed by the Tax Department and certification was obtained from Miller Excavating Demolition, Inc. that the listing had been made on time. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 209 CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of October 20, 1997, as presented by the Clerk to the Board. Approval for Release of Value - Tax Department The Commissioners authorized release of the following vehicle certification penalty since this was the taxpayer's first offense: Simons, Shirley Rouse $100.00 The Commissioners authorized release of the following late listing penalties since this was the taxpayer's first offense; the taxpayer certified the listing was made on time; or the taxpayer listed on time in another county: Circuit City Stores, Inc. # 1608 Hinderliter, Steve LMT Enterprises, Inc. Miller Excavating Demolition, Inc. New China Restaurant, Inc. Partitions, Inc. Redmond, John M. Tast Full Magazine, Inc. Wright, James B. Beverly 1. $ 556.85 23.49 20.44 1,662.50 58.77 11.11 3.38 5.61 72.11 The Commissioners granted the Senior Citizen/Disability Exclusion to the following taxpayers. The applications and letters explaining late filings are available upon request in the Tax Department. Brown, Melba G. Wilbur B. Hankins, Wilhelmina Edge Jones, Norma Yarborough, Betty L. $ 20,000 20,000 20,000 20,000 The Commissioners approved the following delinquent application for exemption from the property tax to the following organization. The application and letter explaining the late filing are available upon request in the Tax Department. Cape Fear Academy R06618-006-0 1 7-000 Acceptance of Tax Collection Reports Through October 31, 1997 The Commissioners accepted Tax Collection Reports for New Hanover County and the New Hanover County Fire District through October 31, 1997 as submitted by Ms. Patricia 1. Raynor, the Collector or Revenue. Copies ofthe Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 10. Approval of Budget Amendment #98-0063 - Emergency Management The Commissioners approved the following budget amendment: #98-0063 Emergency Management Emergency Management Other Debit Credit $7,000 Contracted Services Departmental Supplies Telephone Training & Travel $1,320 2,250 1,080 2,350 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 210 Purpose: To budget a contribution from Carolina Power & Light Company for the January nuclear drill expenses. Approval of Budget Amendment #98-21 - Solid Waste Construction Capital Project - Environmental Management Department The Commissioners approved the following budget amendment: #98-21 Solid Waste Construction Capital Project Debit Credit Solid Waste Construction Transfer-in (from Fund 700) $1,300,000 Capital Project Expense $1,300,000 Purpose: To transfer from Fund 700 that was approved as part of the FY 1997-98 Budget Ordinance. PRESENTATION OF SERVICE AWARDS County Manager 0 'Neal requested the following employees to step forward to receive service awards: Name Years of Service Marlene M. Carney, Human Resources 10 Douglas A Garrett, Inspections Department 20 Chairman Greer, on behalf of the Board, presented services awards to each employee and expressed appreciation to them for their dedicated years of service to New Hanover County. PRESENTATION OF NEW COUNTY EMPLOYEES County Manager O'Neal requested the following new employees to stand and be recognized: Mark Boyer, Public Information Officer Susan Childress, Health Department Diana Williams, Health Department Janet Farrell, Health Department Richard Civelli, Inspections Department Robert Barr, Parks Department Carolyn Johnson, Department of Social Services Dorothy Lamb, Department of Social Services Erin Vitelli, Department of Social Services Anita Allison, Tax Office Chairman Greer, on behalf of the Board, welcomed the new employees to County government and wished them well in their new positions. INTRODUCTION OF NEW DIRECTOR OF HEALTH County Manager O'Neal introduced the new Director of Health, Mr. David Rice, and requested him to stand and be recognized. Chairman Greer, on behalf of the Board, welcomed Mr. Rice to New Hanover County and wished him well in his new position. PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SURVEY RESULTS County Manager 0 'Neal reported the County contracted with SUMA Information Systems, Inc. to conduct an employee opinion survey. He introduced Mr. Charles M. Sune, Vice-President NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 211 of Marketing, and reported he would present an overview of the survey results and discuss strategies for addressing the findings. Mr. Sune expressed appreciation to the Board for allowing him to perform the survey. Background information was presented on SUMA Information Systems, Inc., located in Greenville, North Carolina. For the past 15 years, the company has performed opinion surveys of all types with both large and small clients. The type of survey performed for New Hanover County closely connected employee satisfaction with customer satisfaction. Survey documents were developed in August with a form prepared for exempt employees and another form prepared for non-exempt employees. The survey was mailed to employees after Labor Day, and the initial results of the survey were provided to the County Manager on October 1, 1997. Survey questions came from the firm's extensive library of tested questions. A statistical process offactor analysis was used to provide an accurate picture. The process was objective, and the collection of information reflects an accurate picture of the county. The survey will allow the County to formalize a good two-way communication with the employees as well as create an environment of continuous improvement. There was an excellent response rate to the survey at 74% among exempt employees and 64% among non-exempt employees. This percentage is 10% above the average response for a mailed survey. Employees are proud to work for New Hanover County regardless of pay classification as reflected with a 94% favorable response from exempt employees and 93% favorable response from non-exempt employees. Employees value the benefits package, regardless of pay classification with a 93% favorable response from exempt employees and an 89% favorable response from non-exempt employees. Employees believe they have a future with New Hanover County with a favorable response of89% from exempt employees and 71 % from non-exempt employees. These findings are very positive and show that employees are dedicated and proud to work for the county. The survey findings also indicate areas that can be improved. Employee morale is low within departments with a favorable response of 53% from exempt employees and 31 % for non-exempt employees. In surveys, it is possible to have employees that are proud of the organization and the benefits received, but have morale problems within departments. Pay is a significant issue among non-exempt employees with 44% responding favorably. There is no organization, private or public, where the employees are satisfied with their pay. Also, communication was a significant issue among non-exempt employees. The first step should be to evaluate survey results and provide feedback to the individual departments. The results should be shared with the employees in each department. An action plan should be developed to address the identified issues. Thresholds should be established for categories and individual remarks. Department feedback sessions should be scheduled to focus on issues identified as significant. Discussion should be facilitated to encourage two-way communication. Develop action plans for each department. Determine the priority of identified issues and develop a list of possible solutions. Determine the best possible solution for each issue. Describe the solutions step-by-step in the plans. The action plans should include schedules, expected goals, assessment criteria, and a timetable for monitoring the results. In closing, Mr. Sune reported that New Hanover County did quite well in most areas of the survey. He stated since a baseline has been established with the first survey, the County will have an opportunity to develop a plan to address areas of concern and monitor the progress of departments when the next survey is performed. Mr. Sune advised he would be glad to answer any questions. Vice-Chairman Caster asked if SUMA Information Systems, Inc. had performed many employee opinion surveys for local governments? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 212 Mr. Sune responded that New Hanover County was the first local government survey performed by SUMA; however, the company had performed surveys for colleges, universities, United Way and other public entities. Vice-Chairman Caster requested an explanation of why emphasis was placed on the connection between employee satisfaction and customer satisfaction. Mr. Sune advised this point was taken from the Malcolm Baldridge concept, which correlates employee satisfaction with customer satisfaction. It has been concluded that when employees are satisfied with carrying out their duties, they are more likely to insure higher customer satisfaction. Commissioner Birzenieks stated the major asset of the survey was establishment of a data base so that progress in areas of concern can be compared when another survey is performed within the next eighteen months. He complimented the County Manager and stafffor having the courage to move forward with performing the survey, which was not an easy job. County Manager O'Neal advised that some parts of the survey do present a challenge. The Management Team will work with the Director and Assistant Director of Human Resources to meet with department heads and employees in departments where problems were indicated. The results of the survey will be made available to the department heads and employees with sessions scheduled to receive feed back on how these problems can be resolved. As a County Manager, it is meaningful to have an opportunity to see if conditions can be improved. Commissioner Birzenieks advised there are budget implications in resolving the issues of concern. Establishment of targets for compensation are important to the employees. County Manager 0 'Neal complimented the Human Resources Department, particularly Ms. Mary Ann Walton, and SUMA for the excellent working relationship during the performance of the survey. The process was confidential and employees felt free to list their concerns. Mr. Sune stressed the importance of communication when analyzing the results. It is important to acknowledge that employees have been hurt, which will be a positive step toward addressing the concerns of the employees. Commissioner Birzenieks suggested requesting the Public Information Officer, Mark Boyer, to clearly communicate the survey results and actions to be taken in the next employees newsletter. The Board agreed, and the County Manager was directed to contact Mark Boyer about this request. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Sune for an informative report. TAX APPEAL SUBMITTED BY C. WILLIAM BARKER FOR VALUE ASSESSED ON A 33 FOOT 1986 BERTRAM BOAT Tax Administrator, Roland Register, reported from a marina report, it was determined that Mr. Barker had not listed his 1986 Bertram 33 foot boat for 1997 taxes. On August 19, 1997, he was sent a discovery notice identifying the property and tentatively assessing it for $78,000. After reviewing his marine survey, insurance settlement, and estimate of damages from the hurricane, a letter was written on September 23, 1997 notifying Mr. Barker that the value would be reduced by $44,173 from the survey value of $78,000 for a total tax due in the amount of $33,800. Tax Administrator Register advised all pertinent information has been submitted in the agenda packet, and he stated that Mr. Barker was present to comment on his tax appeal. Mr. Barker expressed appreciation to the Board for allowing him to appeal the case and stated the issue was a matter of principle. He advised that he had spent over half of his adult life with the United States Treasury Department in the enforcement of civil and criminal tax law statutes. During this period of time, he had been taught that consistent enforcement was the primary issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 213 The appeal being presented is a situation where the correct consideration has not been given to the taxpayer's rights. The taxpayer's rights have been disregarded when creditable and authentic evidence has been furnished. There has been imposition of opinions with the overtone of intimidation. If he had been an average person, he would not have pursued the appeal. North Carolina General Statute 105.283 states that it is the intent of the General Assembly to apply the provisions of this subchapter uniformly and applicable throughout the state. The statute states that appraisal means the true value of the property and the process of how the true value is ascertained. True value as defined in NCGS 105.283 shall be interpreted as meaning the market value that is the price estimated in terms of money at which time the property changes hands between a willing and financially able buyer and a seller with both having reasonable knowledge of the uses in which the property is adapted and for which it is capable of being used. The boat was severely damaged by Hurricane Fran. The boat was taken by the insurance company to a boat yard. The insurance company employed an outside surveyor to determine the damages. Also, a second outside surveyor was hired to survey the boat. As of January 1, 1997, no determination had been made on the damages to the boat. No one knew the status of the boat or whether it had any value. A letter was forward to the Tax Administrator providing the necessary information for Mr. Register to make a correct determination of the boat. Some of the items contained in the letter are listed as follows: (1) On September 5, 1997, the boat was severely damaged by Hurricane Fran and transported to the location by the insurance company for evaluation. The initial estimate of the damage on September 27, 1997, was $51,000, shown as Exhibit A in the agenda packet. (2) The boat was insured with State Farm Insurance Company in the amount of$65,000. The damages at this point were approaching the total amount of insurance; therefore, the insurance company took the boat when damages exceeded 60-70%. (3) A final determination was made by the insurance company on March 4, 1997, and the damages total $57,800. ( 4) The two canceled checks used to purchase the boat were included in the letter at a total of $67,000 shown as Exhibit A in the agenda packet. Mr. Barker reported the necessary information was forwarded to the Tax Administrator for him to make a fair and equitable determination on the value of the boat. The boat was purchased at an "arms length" price from two unrelated parties as required in NCGS 105.283 with a value of $67,000. The boat was damaged in the amount of$57,800 as verified by two survey companies and the insurance company. With these figures, it is not difficult for anyone to determine the small value of the boat. Mr. Barker advised he felt the mistake occurred in the letter from Mr. Register, marked as Exhibit I, where the Tax Administrator states the initial purchase price of$57,000 falls short of the published market prices. The published market prices are not the measure of value as listed in NCGS 105.283, which states the price is the amount that a willing buyer and willing seller will exchange property. The letter also states that proof must be submitted for the $67,000 value of the boat if there was a deviation from the BUC guide value. This proof is not required in NCGS 105.283. Another statement in the letter, which is somewhat intimidating is, "If you do not have a survey, then there is no proof that your purchase price was an "arms length" market price." Mr. Barker noted this was a broad assumption. Mr. Barker called attention to his letter dated September 18, 1997 to the Tax Administrator, marked as Exhibit G, where the following information was forwarded to comply to the proof of the $67,000 value as requested by Mr. Register: 1. Survey by M. B . Ward and Sons, Inc, marine surveyors dated July 31, 1996. 2. Engine survey by Toms Marine Service dated July 10, 1996. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 214 3. Miscellaneous repairs estimated by Coastal Carolina Yacht Yard dated July 19, 1996. 4. Copy of sheet furnished by Skipper Buds Yacht Sales indicating value as ofJuly 1996. The letter concluded with the following paragraph: "I do not believe the boat had any market value as of January 1, 1997, but for the purposes of settlement, I will propose that the initial value of $70,000 be reduced by the insurance proceeds of $57,800 resulting in a net salvage value of $12,200 as of January 1, 1997." In response to the proposed settlement, a letter from the Tax Administrator, dated September 23, 1997, marked as Exhibit J, was received with the following verbiage: "In reducing some of the cost not deemed by me possibly not as a result of hurricane damage, I have adjusted the estimate of damage as paid by the insurance carrier by $12,627. With a $44,173 reduction from the survey value, the value of the boat as of January 1, 1997, is estimated to be $33,800. The tax statement will reflect that value for one year." In closing, Mr. Barker stated the matter had been handled very poorly. He passed out a copy of a document reflecting the following information: Original Price of Boat on 7/25/96 Verified Damages from Hurricane Fran Total Value $67,000 57,800 $ 9,200 Mr. Barker reported the boat was restored between February and March 1997 to its original value. After that time, items were added to the boat in the amount of $17,000. This brought the value of the boat back to $82,000. The boat was sold on September 26, 1997, for $82,000. If the boat was valued at $9,200 or less, restored back to its original cost with $57,800 of improvements, this proves the actual value of the boat after the hurricanes. Mr. Barker requested the Board to review the facts presented and determine the value pursuant to North Carolina General Statutes. Tax Administrator Register reported the Board has been confused regarding the North Carolina General Statues, and Mr. Barker had tried to belittle the integrity of the Tax Department. Mr. Register stated he was not a Certified Public Accountant, but he was certified by the State of North Carolina to make decisions regarding property tax matters. Mr. Barker is not certified by the State to make decisions of this type. He might be an expert witness before the Internal Revenue Service, but he is not an expert in applying the property tax. No intimidation was displayed to Mr. Barker other than North Carolina case law, which serves as the guideline for valuation of property. Uniform value, as referenced by Mr. Barker, can differ between market value and the assessment as long as the process is uniformly applied. Value is not just determined by a willing buyer and a willing seller because case law states there are reasons for the mass appraisal that must use guides uniformly applied. The Tax Department uniformly applied BUC Research as the primary guide and ABOS and NADA as secondary guides. Three guides were used and showed a minimum published retail value of $89,700, $91,300, and $93,200 for a 33 foot Bertram boat. These values were higher than the $87,000 discovery placed on the boat by the Tax Department. After reviewing and accepting the marine survey showing estimated damages to the used boat after the hurricanes, the Tax Department informed Mr. Barker that the value would be reduced by $44,173 from a survey value of $78,000. In closing, Tax Administrator Register stated Mr. Barker's arguments were contrary to logic and after a review of the tax file by the Assistant County Attorney, Kemp Burpeau, it was concluded the adjustments suggested by Mr. Barker in valuing the boat at $12,200 were excessive. As of January 1, 1997, the boat was estimated at a value of$33,800. The Board was requested to uphold the 1997 value at $33,800 and apply the late penalties for failure to list. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 215 Discussion was held on the improvements made to the boat. Tax Administrator Register responded that Mr. Barker upgraded a used boat to new condition. The hull was in reasonably good condition with no major damage cited. The appraisal of$78,000 was made with engines that were eleven years old. The boat now has new engines. Mr. Barker has taken the replacement costs to deduct from a used boat price. In effect, mechanically the boat is virtually new with new engines, new gears, and a new generator. The $33,800 value should be upheld with the late listing penalties applied. Other people had boats that were damaged from the hurricanes, and case law was applied uniformly to assess the value of the boats. Basing the value upon replacement costs as requested by Mr. Barker is incorrect. Commissioner Howell inquired as to whether the boat sank during the storm? Tax Administrator Register responded the marine report did not determine the amount of water that accumulated in the hull. The survey indicated that water was in the cylinders. Mr. Barker reported the engines were replacement blocks, not new engines. The insurance company made the decision, as required under its policy, to repair the boat at the lowest price. Blocks could be installed at a lesser price. The other item of concern is that he requested an opportunity to appear before the Tax Administrator to see if the problem could be resolved as addressed in the General Statutes; however, this opportunity was not granted. The General Statutes allow a person to appear before the Board of County Commissioners. The facts have been presented and the document presented this morning, proves the value of the boat should be between $12,000 to $13,000. In closing Mr. Barker stated the manner in which this tax issue had been handled was not correct. Tax Administrator Register advised that Mr. Barker was requested to submit all information to the Board of County Commissioners and Tax Department before hearing the appeal; therefore, the document presented this morning was not in compliance with normal procedure. Also, he felt there was no need to meet with Mr. Barker because he was already pre-disposed not to accept the recommendation of the Tax Department. The recommendation presented to the Board, which places a value of$33,800 on the boat, is the position of the County Attorney and Tax Department. Chairman Greer requested the Board to determine whether the value of the boat should be at $12,200 as requested by Mr. Barker or uphold the 1997 value at $33,800. He agreed with Mr. Register about the document presented by Mr. Barker, which should have been submitted in advance. Motion: Chairman Greer MOVED, SECONDED by Commissioner Howell to value the boat at $13,000. Substitute Motion: Vice-Chairman Caster stated after reviewing the information presented, he would MOVE to value the boat at $29,000. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer called for a vote on the ORIGINAL MOTION to value the boat at $13,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Chairman Greer inquired as to whether the Board desired to uphold the late listing penalty, which is 10% of the $13,000 value. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to uphold the late listing penalty. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF STATEMENT OF RESULTS CERTIFYING AND DECLARING THE RESULTS OF THE NOVEMBER 4, 1997 BOND AUTHORIZATION County Attorney Copley requested the Board to adopt the Statement of Results certifying and declaring the results of the November 4, 1997, bond authorization. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 216 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the Statement of Results for the Special Election held for the County of New Hanover on November 4, 1997, as presented and accept the Certificate of Canvass of the Board of Election for the Special Election held on November 4, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the documents are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 10. ADOPTION RESOLUTION APPROVING THE DISTRIBUTION AND USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING OF APPROXIMA TEL Y $25,000,000 IN CERTIFICATES OF P ARTICIP A TION, SERIES 1997 County Attorney Copley requested the Board to adopt a resolution concerning the Certificates of Participation. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution approving the distribution and use of a preliminary official statement in connection with the offering of approximately $25,000,000 in Certificates of Participation, Series 1997. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 10. ACTION DEFERRED ON ADOPTION OF RESOLUTION ESTABLISHING A CITIZENS SOLID WASTE ADVISORY BOARD Director of Environmental Management, Ray Church, reported the Board heard presentations on September 15 and October 6, 1997 regarding a recommendation for establishment of a Solid Waste Advisory Board. Staff was requested to prepare a resolution and by-laws to establish the Advisory Board. A lengthy discussion followed on the resolution and by-laws. Staff was directed to make the following revisions. Revisions to Resolution: 1. Revise the last sentence in Article II, Paragraph 2 to read as follows: Special Emphasis will be placed on providing direction on how to most effectively manage the increasing solid waste stream. (Delete "over the next three to five years.") 2. Amend Item 5 on the second page of the resolution to state that the Board of County Commissioners shall review the need for the Advisory Board no later than January 31, 1999. 3. Delete Item 6 on the second page of the resolution. Revisions to By-Laws: 1. Establish Policies and Procedures instead of by-laws. 2. Eliminate the following words from the second paragraph under Article II - Statement of Change: "over the next three to five years". 3. Add the following language after Section VI: In completion of its duties, the Advisory Board may be expected to perform any of the following items: A. Review with County staff all information relevant to solid waste collection and disposal. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 217 B. Evaluate and recommend short-term and long-term plans for waste disposal, including expansions or additions to the existing County solid waste management facilities, W ASTEC, the Landfill and Recycling with consideration given to any economical alternatives, including transfers of waste to out-of- county facilities. C. Evaluate and recommend reasonable alternatives for assuring revenue necessary to fund the existing solid waste facilities debt service. D. Evaluate and recommend public service programs for litter control. 4. Revise B. Under Article III to read that members will be appointed to serve three-year terms. (Delete "unlimited n um ber of terms.") 5. Change the word by-laws to Policies and Procedures throughout the policy. 6. Delete Article IX - Disbursements. Consensus: It was the consensus of the Board to direct Staff to revise the resolution and by-laws as recommended and place this item on the December 8, 1997, Consent Agenda. The Clerk to the Board was requested to advertise the vacant positions so the Citizens Solid Waste Advisory Board can be appointed at the second meeting in January 1998. DISCUSSION OF DESIGNA TING THE LOWER CAPE FEAR RIVER AS "AN AMERICAN HERITAGE RIVER" Planning Director Hayes reported the consultants who prepared the Cape Fear River Corridor Plan and the Wilmington Downtown 2020 Plan recommended designating the lower Cape Fear River as an "American Heritage River." The new federal initiative provides for the Presidential Designation often (10) rivers nationwide in early 1998. According to the program's description, communities surrounding designated rivers will receive special recognition for their efforts and focused support from existing federal programs. A federal liaison for each river will be appointed to improve delivery of assistance from agencies throughout the federal government that have jurisdiction over shipping, dredging proj ects, and other issues concerning the river. Although staff understands that new monies will not be available from the designation or any new regulations imposed on the river corridor, the process may promote expeditious service and assistance through existing funding sources and agencies of the federal government. The Brunswick County Commissioners and Wilmington City Council will be considering similar resolutions. Chairman Greer spoke on current efforts in the U. S. House of Representatives to stop the river designation program. He, also, expressed concern for the controversial articles written in the National Association of Counties Newsletter and other magazines regarding this designation. Planning Director Hayes responded there has been discussion about more federal control being imposed on local governments if they participate in the river designation program; however, the response from the administrative officials is that no new regulations will be imposed on local governments. The County can withdraw from the program at any time, and the purpose of the designation is to have a better way to approach and work with federal agencies in planning for the Cape Fear River Corridor. For example, one of the recommendations in the Cape Fear River Corridor Study was for New Hanover County, the City of Wilmington, and Brunswick County to work cooperatively with Sunny Point to see if some of the facilities could be jointly used. If the river was designated as an American Heritage River, the federal government could intervene to assist with these types of joint use. Vice-Chairman Caster stated the Cape Fear River should stand on its own; therefore, he could not see any advantage to the river designation. Chairman Greer requested a motion to the adopt the resolution as presented. No motion was received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 218 DISCUSSION OF A REQUEST BY PTS, INC. TO INCREASE THE PER MILE RATE IN THE PROVIDER CONTRACT FOR THE NEW HANOVER HUMAN SERVICES TRANSPORTATION SYSTEM Chairman Greer advised this matter was discussed in detail at the November 3, 1997, meeting, and the Board has received the following options to consider: (1) Approve the requested increase for PTS, Inc. and increase the transportation budgets of participating County Departments, with hopes that participating outside agencies will be able to obtain budget increases to provide services through June 1998. (2) Approve the matrix proposed by Chairman Greer on November 3, 1997 whereby mileage would be calculated on a quarterly basis at 96,000 miles per quarter at $1.09; and for every 5,000 miles short during a quarter, agencies would pay an additional $.04 per mile. Increase County Department budgets accordingly. (3) Deny the requested increase submitted by PTS, Inc. and consider whether the system should be operated by the County at a rate of $1.19 per mile for FY 1997-98 and $1.01 per mile for FY 1998-99. (4) Deny the requested increase by PTS, Inc. and enter into a contract with Progressive Transportation Services at a rate of $1.15 per mile. Chairman Greer stated he did not feel the Board should render a decision on any option until PTS, Inc. was willing to terminate the contract. Commissioner Howell, the Commissioners' representative on the Human Services Transportation Advisory Board, reported after discussion with PTS, Inc., he had been informed that if the mileage rate was not increased, the company would have to terminate the contract. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to deny the mileage rate increase requested by PTS, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested direction from the Board. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to enter into a contract with Progressive Transportation Services as the provider for the transportation service at a rate of $1.15 per mile. Discussion followed on how the service would be provided during the transition period. Assistant to the County Manager, Patricia Melvin, reported that Progressive Transportation Services would officially become the operator as ofJanuary 1, 1998. Discussion has been held with PTS, Inc. about working out an arrangement for the provision of service until that date. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney Copley requested the Board to require the current operator to submit a Notice of Termination on the current contract. The Board agreed to authorize the Legal Department to request a Notice of Termination. MEETING CONVENED TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:23 AM. until 11 :36 AM. to hold a meeting of the New Hanover County Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 219 ADDITIONAL ITEMS - COUNTY MANAGER Reminder of Public Hearing Being Held by Governor Hunt on Juvenile Crime and Justice County Manager O'Neal announced that Governor Hunt was conducting public hearings throughout the State on juvenile crime and justice. A public hearing will be held in Wilmington on November 18, 1997, from 3:00 P.M. until 4:30 P.M. in the Assembly Room of the Courthouse. Deputy County Manager, Andrew 1. Atkinson, advised he would prepare information regarding the initiatives being taken by the County to address juvenile issues. Reminder of Reception for New Health Director County Manager O'Neal reminded the Board of the reception being held today for the new Health Director, David Rice, from 4:30 P.M. until 6:00 P.M. on the Sun Porch of the Courthouse. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Designation of County Manager as Applicant's Agent to Sign Forms Regarding Funding for Hazard Mitigation Planning in Conjunction with the Disaster Resistant Communities Chairman Greer requested the Board to adopt a resolution designating the County Manager as the Applicant's Agent for the Hazard Mitigation Planning in conjunction with the Disaster Resistant Communities efforts in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution designating County Manager Allen O'Neal as the Applicant's Agent to sign forms regarding funding for hazard mitigation planning in coordination with the Disaster Resistant Communities Efforts in 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 XXIV, Page 10. Ratification on the Appointment of Craig Umstead to Serve on the Area Board of the Southeastern Center Commissioner Davis requested the Board to ratify the appointment of Craig Umstead to serve on the Area Southeastern Center Board. He advised that Commissioners from Brunswick and Pender counties were in favor of the appointment. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to ratify the appointment of Craig Umstead to serve on the Area Southeastern Center Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Report on Planning Committee Meeting Held by Cape Fear Community College Vice-Chairman Caster reported while attending a Planning Committee meeting at Cape Fear Community College, vocational training was discussed. President McKeithan informed the Committee that he and Dr. Dale Martin had been working together on this issue. A report will be made at the January meeting of the Cape Fear Community College Board of Trustees. Also, Dr. McKeithan has requested information on the Haskins Duel Enrollment Bill, which will be forwarded to the Commissioners when it is received. Discussion of Appointing a Citizens Advisory Board to Approve Design for Public Buildings Commissioner Howell commented on the number of new public buildings that will be constructed with approval of the bond referendum. He requested the Board to think about appointing a Citizens Advisory Board to approve the design and construction of buildings such as the library and other public structures. Reminder of Welfare Reform Ad Hoc Committee Meeting Chairman Greer reminded the Board of the Welfare Reform Ad Hoc Committee meeting to be held on Thursday, November 20, 1997, at 4:00 P.M. in the Williston Auditorium of the Cape Fear Museum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 17, 1997 BOOK 26 PAGE 220 ADJOURNMENT Chairman Greer adjourned the meeting at 11 :50 AM. Respectfully submitted, Lucie F. Harrell Clerk to the Board