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1995-11-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 102 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 20, 1995, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' 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 J. Atkinson, invocation. gave the Commissioner Sisson led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented: Presentation of Report on the Concerns of the Wrightsboro Community about the Draft Environmental Impact Statement for the Wilmington Bypass Mr. Jimbo Fox, representing the Wrightsboro Community, reported the citizens of Wrightsboro had prepared a response to the Draft Environmental Impact Statement developed by the N. C. Department of Transportation (NCDOT) and U. S. Department of Transportation on the proposed Southern Alternative for the Wilmington Bypass. He advised that the Wrightsboro citizens felt the Environmental Impact Statement was deficient in many areas, and explained that these concerns had been presented in the response, which was mailed to Governor Hunt and the Secretary of Transportation, Garland B. Garrett, Jr. The Commissioners were requested to read the report and feel free to discuss these deficiencies with him individually or discuss the response at a regular meeting of the Board of County Commissioners. Commissioner Barone inquired as to the major concern of the citizens about the Draft Environmental Impact Statement? Mr. Fox responded the major deficiency was the lack of an adequate description of the human environment in the Wrightsboro area based upon insufficient demographic details that addressed the entire County instead of focusing on the area that will be directly impacted by the Southern Alternative. Ms. Mary Tinga, a resident of the Wrightsboro Community, reported there was a great deal of deficiency in the survey of the Wrightsboro Community, such as the school not being placed on the maps or many of the historic sites not being considered in the Environmental Impact Statement. She urged the Commissioners to read the response to become aware of the negative impact that will be incurred by the Wrightsboro Community if the proposed Southern Alternative is constructed. A copy of the report is on file ln the Governing Body Office. APPROVAL OF CONSENT AGENDA Clerk to the Board, Lucie F. Harrell, requested the Commissioners to include approval of the minutes for the Closed Session held on November 6, 1995, and to consider a correction to the minutes of November 6, 1995, reflecting that Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 103 Barone voted in opposition to the additional $25,000 funding request for the Arboretum on Page 97. Commissioner Barone advised she thought she voted no on the funding request; however, due to the Clerk not being able to hear the vote on the tape, her vote was recorded as a "yes" vote. She asked the members of the Board if they recalled voting ln opposition to this request. After discussion, no members could recall voting in opposition, and Commissioner Barone requested that the motion remain as recorded since a change in her vote would cause the motion to fail. County Manager O'Neal requested removal of Consent Agenda #6 for discussion by the Budget Director. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the Consent Agenda as presented with the removal of Consent Agenda #6 for further discussion and approval of the Closed Session held on November 6, 1995, as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approve the following sets of minutes as presented by the Clerk to the Board: MRF Work Session Regular Meeting Closed Session - November 2, 1995 - November 6, 1995 - November 6, 1995 Approval of Easement (Contract #96-0144) with the Eastwood Group to Cross Over the County's Bike Path in Landfall The Commissioners granted an easement to the Eastwood Group to cross over the County's bike path in Landfall. The Eastwood Group will install drainage culverts with all expenses and maintenance costs paid by the group. Upon completion of the drainage project, the Eastwood Group will restore the bike path to its original condition. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolutions for Adding Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Hampton Road & Elizabethan Court in Hampton Trace Subdivision Lansdowne Estates, Section 1 Emerson Drive Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 5. Acceptance of Tax Collection Reports Through October 31, 1995 The Commissioners accepted the following Tax Collection Reports through October 31, 1995, as presented by the Collector of Revenue: New Hanover County Tax Collections 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 XXIII, Page 5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 104 Release of Values - Tax Department The Commissioners approved a value adjustment on the following property because of conditions that were brought to the attention of the Tax Department. Backup information on this adjustment is available in the Tax Department upon request: Horace Benson Garrett $2,135.00 The Commissioners released late listing penal ties for the following taxpayers since the taxpayer or the taxpayer's accountant was sick during the listing period: Advanced Automotive Repair Bissett, Inc. Boone's Landscape & Nursery Campbell's Automotive Candlelight Cafe, Inc. Jeter C. Griffin, D/B/A Jeters III Johnnie Johnson, D/B/A JJ's Auto Repair McCullen, T. & Co. Mintz Brothers Auto Service Press Consulting Service Ralph H. Jensen, Inc. D/B/A The Master's Touch Delores Sidbury, D/B/A Dee's Nail Boutique Sweet P Inc. Tavernay's Jewelers $26.46 $17.72 $ 1. 59 $ .49 $34.68 $22.17 $19.74 $28.54 $ 1.33 $ 8.41 $ 3.27 $ 1.24 $36.00 $10.81 The Commissioners granted the following taxpayers Senior Citizen/Disability Exclusions. Applications and letters explaining the late filings are available in the Tax Department upon request. Evelyn Louise Brown Eula Johnson Pernella R. Robinson $15,000 $15,000 $13,497 The Commissioners approved delinquent applications for exemption from property taxes for the following organizations. The applications and letters explaining the late filings are available in the Tax Office upon request. Mt. Moriah United Holy Church R05406-037-014-000 New Hanover County Law Enforcement Officers Association R01200-002-002-002 Award of Bid to Camp Construction, Inc. ( Contract #96-0063) for Re-roofing the New Hanover County Library The Commissioners awarded the low bid in $198,341 to Camp Construction, Inc. of Wilmington the library. The County Manager was authorized contract documents. the amount 0 f for re-roofing to execute the A copy of the contract lS on file in the Legal Department. Approval of Budget Amendment #96-0073 New Hanover Community Health Center The Commissioners approved the following Budget Amendment to budget funds in the amount of $1,000,000 received from New Hanover Regional Medical Center to be used toward construction of the New Hanover Community Health Center. Funds in the amount of $63,750 will be applied toward architectural services provided by BMS Architects for the Community Health Center as approved by the Board of County Commissioners on October 2, 1995. Budget Amendment #96-0073 - Outside Agencies/Human Services Debit Outside Aqencies/Human Services New Hanover Regional Medical Center $1,063,750 Credit NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 105 (Budget Amendment #96-0073 continued) Debit Credit New Hanover Community Health Center $1,063,750 Approval of Budget Amendment #96-0075 - New Hanover County Health Department/Epidemiology The Commissioners approved the following Budget Amendment: Budget Amendment #96-0075 - Health Department/Epidemiology Debit Credit Health Department/Epidemioloqy lAP State Funding $11,594 Contracted Services Departmental Supplies Capital Outlay - Equipment $ 500 $ 1,571 $ 9,523 Purpose: To budget additional Immunization Action Plan funds for contracted services, supplies, and equipment. Approval of Budget Amendment #96-24 - Controlled Substance Tax Capital Project The Commissioners approved the following Budget Amendment: Budget Amendment #96-24 - Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $15,437 Controlled Substance Tax Supplies $15,437 Purpose: To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. APPROVAL OF CONSENT AGENDA ITEM #6, CONTRIBUTION TO THE WILMINGTON HOUSING AUTHORITY FOR RENOVATION OF THE RANKIN ENRICHMENT PROGRAM IN ONE LOCATION AND APPROVAL OF BUDGET AMENDMENT #96-0076 Budget Director, Cam Griffin, reported the Community Health Center has requested use of the vacant trailer not currently being used by the Rankin Enrichment Program for use while its administrative offices are being constructed. Also, WASTEC has requested use of the other trailer to house the Recycling Program when the trailer becomes available. She advised that the trailers were in poor condition with very little value and stated if the trailer was donated to the Community Health Center, Board action would be required. Motion: After discussion of the poor condition of the trailers, Commissioner Sisson, MOVED, SECONDED by Vice-Chairman Mathews to approve a contribution of $8,330 to the Wilmington Housing Authority for renovation of the Rankin Enrichment Center; approve the associated Budget Amendment as listed below; donate one trailer to the Community Health Center with the proviso that the Center disposes of the trailer after its use; and grant permission for WASTEC to use the other trailer to house the Recycling Program once the Rankin Enrichment Center is completed. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #96-0076 - Non-Departmental/Outside Agencies/Human Services Debit Credit Non-Departmental Contingencies $6,330 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 106 (Budget Amendment #96-0076 continued) Debit Credit Outside Aqencies/Human Services Rankin Utilities Wilmington Housing Authority $2,000 $8,330 RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal introduced the following new employees: Mania Swart John Minneci J. Leigh Jackson D. Warren Brown Jason Hensley Eric Cooke Dean Hill Health Department Health Department Health Department Emergency Medical Services Emergency Medical Services Emergency Medical Services Inspections Department Chairman Greer, on behalf of the Board, welcomed the new employees to New Hanover County and wished them well in their new positions. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive Service Awards: Name Years of Service Phil Ricks, Cooperative Extension Service 5 Judy W. Thompson, Sheriff's Department 10 Beverly S. Tetterton, Library Marie Spencer, Library 15 15 Chairman Greer, on behalf of the Board, Awards and congratulated these employees for dedicated service to New Hanover County. presented Service their years of REPORT ON THE 1995 NEW HANOVER COUNTY EMPLOYEE UNITED WAY CAMPAIGN Mr. Phil Ricks, Chairman of the New Hanover County United Way Campaign, reported on behalf of 1,100 County employees and 28 departments, the $27,500 goal had been reached and exceeded by approximately 10%. The employees pledged $32,500 with 19 departments exceeding 110% of their goal. New Hanover County now ranks eighth in the County for contributions to the United Way. The following County employees were recognized for their outstanding work in making this a successful United Way Campaign: David Barkley, Cooperative Extension Services Henry Chisholm, Print Shop Harry Tuchmayer, Library Jamie Credle, Cape Fear Museum Jackie Oakes, Department of Aging Audrey Burgess, Property Management Suzanne Craft, Parks & Recreation Faye Outlaw, Tax Department Beth Easley, Engineering Department Susan Gantt, MIS Tony Leeuwenburg, Administration & Budget Linda Alston, Register of Deeds Pamela Harrell, Finance, Water & Sewer Department Len Chamblee, Elections Department Becky Howell, Legal Department and Governing Body Chris O'Keefe, Planning Department Jay Graham, Inspections Department Merril Locke, Human Relations Mae Simmons, Department of Human Resources Dennis Burks, Environmental Management NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 107 Sgt. Bailey, Sheriff's Department Susan O'Brien and Monique Simon, Health Department Mark Francolini, Department of Social Services Sharon Rambeaut, EMS Cynthia Lewis, Garage Brenda Coffey, Emergency Management A round of applause was given to these employees. Certificates of Appreciation were presented to the 19 departments that exceed 110% of their goals: Print Shop Register of Deeds Planning Department Parks & Recreation Department Legal Department Human Relations Commission Health Department Vehicle Management Environmental Management Water and Sewer Department Emergency Management Department Emergency Medical Services Board of Elections County Manager's Office Cooperative Extension Services Governing Body Budget Department Water & Sewer Finance Chairman Greer, on behalf of the Board, congratulated Phil Ricks and the County employees for this outstanding accomplishment. REPORT ON THE ACTIVITIES OF THE NEW HANOVER COUNTY PARTNERSHIP FOR CHILDREN Mr. Jim Hall, Treasurer for the New Hanover County Partnership for Children, reported the County Partnership for Children was selected by the State, along with eleven other partnerships, to prepare a plan during FY 1995-96. He advised that the Partnership Board was now in the process of finalizing the paper work to access $12,500 for the local Resource and Referral Agency operated through the Child Advocacy Commission and the $100,000 to be used for planning programs for the next fiscal year, if the State Legislature continues to fund the program. Mr. Hall requested Mr. Royce Angel appointment of members to serve on the Partnership for Children Board of Directors. to New comment Hanover on the County Mr. Angel commented on being a relatively new member of the Board of Directors and advised that a list of members to be appointed to the Partnership Board of Directors had been provided to the Commissioners prior to the meeting so these names could be reviewed by the Board. He explained that the persons recommended had been chosen in compliance with the enabling legislation, and he reported that additional board members would be added with a focus on appointing persons from the low income and minority communities. The Commissioners were requested to make any recommendations or comments on the names submitted. Commissioner Barone advised Mr. Angel that a misunderstanding had occurred in the procedure to be used for appointment of the members to serve on the Partnership for Children Board of Directors. She reported that one of the stipulations acted upon by the Board of County Commissioners at its regular meeting of September 6, 1994, was that the Board would appoint all undesignated members to the Partnership Board of Directors under the County's Committee Appointment Policy. She stressed the importance of handling these appointments like all other committee NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 108 appointments through advertisement of the vacancies, and she emphasized the need to open up the entire appointment process to the public. She strongly objected to expanding the membership of the Partnership Board without approval by the Board of County Commissioners, which was another stipulation agreed upon on September 6, 1994. Commissioner Caster advised that the Partnership Board of Directors had met only one time and reported, unfortunately, he was not able to attend. He expressed concern for the lack of communication by the Partnership Board of Directors with the Board of County Commissioners concerning the $100,000 earmarked for the planning process, and the manner in which members were being appointed to serve on the Board of Directors. He advised that these issues had been discussed with Mark Lanier. A lengthy discussion was held on the appointment process. Chairman Greer commented on the enabling legislation originally requiring approval by the Board of County Commissioners and noted that Board approval was no longer needed; therefore, he felt the Board could not have control over the program. Mr. Angel responded that very little action had been taken by the Partnership Board of Directors, and he advised that the upcoming planning process would require a tremendous amount of work in a short period of time. He explained that the membership could be increased to 35 and suggested appointment of additional members by the Board of County Commissioners to assist with the increased workload. Commissioner Barone advised that the balanced because many people in New Hanover the Partnership for Children Program. importance of appointing members that would the need for services, such as free day care membership should be County are opposed to She emphasized the analyze and question for children. Motion: Commissioner Barone MOVED to advertise all of the undesignated vacancies on the Partnership Board of Directors through the normal commi t tee procedure in order to open up the process to the public and allow the Board of County Commissioners to make these appointments. The floor was opened to discussion. Chairman Greer inquired as to whether the motion meant that persons now servlng in the undesignated positions would have to be reappointed? Commissioner Barone responded that any persons currently serving in undesignated positions would have to be reappointed by the Board of County Commissioners. The other categorical positions as outlined in the legislation would remain on the Board of Directors. Vice-Chairman Mathews advised that he felt the Partnership Board was doing a good job; therefore, he does not feel the Commissioners should become involved with the appointment process. Chairman Greer called for a SECOND TO THE MOTION made by Commissioner Barone. Commissioner Caster recommended appointing the additional 12 undesignated positions on the Partnership Board of Directors and asked Commissioner Barone if she would amend the motion. Amended Motion: Commissioner Barone AMENDED THE MOTION and MOVED for the Board of County Commissioners to appoint the 12 additional undesignated positions on the Partnership Board of Directors through the County's Committee Appointment Policy. Commissioner Caster SECONDED THE MOTION. The floor was opened to discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 109 Commissioner Sisson expressed concern for the intent of the motion being to politicize the group, and he strongly objected to having a Board of Directors being involved with their own agendas in lieu of looking after the needs of children. Chairman Greer reported the Partnership for Children Program was either strongly supported or opposed by various members of the community. He advised that persons in opposition were concerned about $100,000 of tax dollars being used to develop a plan for the program when this money could be used to provide badly needed services to children living in New Hanover County. He noted that another matter to consider was the possibility of the N. C. Legislature not approving funding of the program for the next fiscal year. Discussion were staggered. year staggered organization. was held on the length of terms and if the terms Mr. Hall responded the appointments were three- terms as required by the by-laws of the After further discussion, Mr. Hall was requested to provide a copy of the by-laws to the Clerk to the Board in order to determine how the members should be appointed. Chairman Greer asked if the Commissioners would like to vote or wait until the by-laws and enabling legislation had been reviewed. After further discussion, Chairman Greer called for a vote on the AMENDED MOTION to allow the Board of County Commissioners to appoint the 12 additional undesignated positions according to the New Hanover County Committee Appointment Policy. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Voting Nay: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Discussion was held on how to address this matter. It was agreed to request the County Attorney, Deputy County Manager, and Clerk to the Board to prepare a recommendation based upon the by- laws of the Partnership Board of Directors, the enabling legislation, and the County's Committee Policy to be presented to the Board as an agenda item on December 4, 1995. BREAK Chairman Greer called for a break from 9:55 A.M. until 10:10 A.M. REPORT ON THE ACTIVITIES OF THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY Mr. Kurt Taube, Executive Director of the Lower Cape Fear Water and Sewer Authority, introduced Mr. Charlie willis, the Authori ty' s engineer, and advised he would be making comments throughout the presentation. He reported the Authority Board had requested him to appear before the various boards throughout the five-county region within the next year to report on the current activities of the Lower Cape Fear Water and Sewer Authority. He informed the Board that in the future the Authority would like to appear before the Board at least once or twice a year to present a status report. The following report was presented. The Authority was created in 1970 by New Hanover County and the City of Wilmington for the following reasons: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 110 (1) To provide for an abundant and dependable future water supply for Wilmington and New Hanover County. (2) To meet the needs for the existing and future economlC growths of the area. (3) To plan for an alternative water supply to augment the limi ted capacity of Wilmington's aglng, existing facilities. In 1972, the Authority was expanded to the current regional enti ty when Bladen, Pender, and Columbus counties joined the organization. The Authority began with four initial customers, Wilmington, Brunswick County, Cape Industries (now known as Hoechst Celanese), and W. R. Grace Company (now known as Arcadian). Each customer was provided an allocation of water in order to identify revenues and begin the project. In 1980, the initial project could not be implemented because the City of Wilmington elected not to participate due to financial reasons and a loss of water using industries as well as a decrease in population. In 1981, Brunswick County passed a $37 million bond issue to construct a county-wide water system. As a result of this action, the Authority was provided an opportunity to salvage the original project by constructing the first phase of the regional system. As southeastern North Carolina continues to grow, regionalization will become more important. Regionalization provides several benefits, such as lower cost of service, elimination of duplicated efforts, improved financial soundness, efficiency and effectiveness of operations and maintenance, centralized purchasing and pricing advantages, and promotes better management of water resources. The Authority does not compete or supplant municipal or county systems but serves as a vehicle, or alternative opportunity to provide water and sewer assistance to local governments in the region. With the dynamics of the water industry rapidly changing, the Authority's role will become more pronounced and to better serve regional members. The Division of Environmental Management and Division of Environmental Health are in favor of regionalization, particularly with the problems occurring in wastewater treatment and disposal. The Authority held a Planning Retreat on September 22-24, 1995, with Dr. Jake Wicker, a professor at the Institute of Government as the facilitator. The following items were reviewed: (1) financial capability; policy making capability; (3) managerial capability; (4) policy-making coordination; (5) administrative coordination; (6) jurisdictional adequacy; (7) democratic responsiveness; and (8) political acceptability. As a result of the retreat the following principal goals were established: (1) a. Inventory and identify the available water and sewer resources ln each of the five counties comprising the Authority. b. Develop a comprehensive plan from the resources and needs identified for regional water and sewer services that might best accomplish those needs. (2 ) a. Expand the prOV1Slon of raw water (surface or ground) to additional areas and communities in the region. b. Establish water treatment facilities and supply treated water (surface or ground) wholesale. (3 ) a. Provide wastewater collection serVlces to areas and communities in the region. b. Become an agency that is able and willing to manage water and wastewater facilities owned by various agencies in the region. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 111 In summary, Mr. Taube informed the Board that the Lower Cape Fear Water and Sewer Authority would strive to move forward in accomplishing the principal goals as presented. Mr. Charlie willis, of willis Engineers, advised that he was responsible for being sure the Authority was "always" ready to serve its water customers. The facilities have the capacity to provide 45 million gallons of water per day. This year's use will be approximately 13 to 15 million gallons of water per day. Annually, the Authority requires a detailed evaluation of the facilities and a report is prepared on operations and readiness. Due to an increase in usage by the customers, there has been a declining annual cost of operation which has reduced the unit price. If the capacity now committed, at approximately 30 million gallons of water per day, comes on line, the water rate charged by the Authority will be reduced by 66%. The Authority recovers the full capital depreciation of its facilities annually in addition to covering the cost of debt service and operations. This financial structure has allowed the Authority to accumulate resources to pay for future replacements and maintenance of the facilities. Chairman Greer inquired as to how the customers were charged and billed? Mr. willis responded that customers were billed monthly through the use of flow meters. He explained that the Authority uses meters for revenue purposes, and the customers use separate meters to verify consumption to assure the process is under control. As of this date, there has been no disparity between the two meter readings. Commissioner Sisson commented on the use of gravity flow lines and inquired as to whether there were problems experienced with pressure fluctuations? Mr. willis responded the system was designed to provide a stable flow under all use conditions with the pressure remalnlng substantially the same. He explained that in order to provide a stable flow, the customers are provided with a low water pressure and the water has to be re-pumped to increase the pressure. Discussion was held on the usage of water by Brunswick County. Mr. willis advised that Brunswick County is currently using 13 million gallons of water per day, and the Authority anticipates this usage will increase to 16 million gallons of water per day. After no further questions, Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Taube and Mr. willis for an excellent report. Discussion was held on the importance of water to the region, the Board agreed that a status report on the activities of the Lower Cape Fear Water and Sewer Authority should be presented at least once or twice a year. SECOND READING OF AN ORDINANCE PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF CONCEALED WEAPONS ON CERTAIN COUNTY PROPERTY Chairman Greer announced this was the second reading of the ordinance and reported a copy of the changes from the first reading had been incorporated into the ordinance. County Attorney Copley advised that the amended ordinance prohibits the carrying of weapons on certain County property as well as providing authority to the County Manager for the designation of other persons that can carry guns, such as judges and officers of the court as listed under Section 5 of the ordinance. Also, N.C.G.S. Section 153-A was added to allow the County to regulate the display of all firearms on County property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 112 vice-Chairman Mathews recommended changing the Ordinance to include the posting of signs in all County buildings. Discussion was held on the use of the word, "weapons", in the ordinance. Commissioner Barone advised that any object, such as a baseball bat, could be considered a weapon, therefore, she would recommend changing the word to "firearms". County Attorney Copley responded the ordinance could be amended to post signs in all County buildings and change the language to read as follows:...." the possession of firearms lS prohibited on the property". Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the ordinance to post signs in all County buildings and change the signage to state that "the possession of firearms, whether concealed or not concealed on this property is prohibited". The ordinance is to become effective December 1, 1995. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 5. The ordinance will be codified into the New Hanover County Code. SECOND READING OF ORDINANCE AMENDMENT TO CHAPTER 15, ARTICLE II, SECTION 124 OF NEW HANOVER COUNTY CODE - SEWER IMPACT FEE Chairman Greer announced this ordinance passed by a majority vote (3 to 2) on November 6, 1995; therefore, a second reading was required before final adoption of the ordinance since a unanimous vote was received at the first reading. He opened the floor to receive comments, and he inquired as to the purpose of the 10% billing option? Assistant County Manager Weaver responded the 10% billing was recommended to assist residential builders or individuals in financing the payment of the impact fees; however, Staff would have no problem with removing this option. He presented a copy of the draft ordinance with the proposed changes listed in bold print. Amend Subsection 15-124(d) (d) Impact Fee: The fee for the non-residential user shall be equal to $3.75 per gallon of average daily flow with a minimum fee of $1,115 per non-residential unit. The fee for residential units will be equal to $0.675 times the enclosed square footage, heated and unheated not including the garage, of the house as determined by the County Inspections Department with a minimum fee of $500 and a maximum fee of $1,800 per residential unit. Chairman Greer inquired as to how the average person would be able to determine the cost of the impact fee? Assistant County Manager Weaver responded in order to obtain a building permit application, the enclosed square footage has to be specified; therefore, the impact fee would be the enclosed square footage times the $0.675. He pointed out that even though the minimum impact fee per house is $500, most new homes are at least 1,000 square feet, which represents an impact fee of $675. Chairman Greer inquired as to whether the square footage basis should be used instead of establishing a range such as 1,000 to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 113 1,500 square feet. Assistant County Manager Weaver responded that Staff considered ranges; however, it was felt the square footage calculation would be more equitable and would eliminate possible arguments over the exact square footage. For example, a builder could argue that a house was 1,499 square feet instead of 1,501 square feet which would save the builder $500. Staff felt the square footage charge would be easier to administer. Chairman Greer inquired as to when the impact fee would be collected? Assistant County Manager Weaver responded the impact fee would be collected when the building permit was issued. He informed the Board that after meeting with developers and builders, it was suggested that the impact fee should be collected when the Certificate of Occupancy was issued after the final inspection of the house. He advised that Staff was checking into this process; however, it appears that collecting the impact fee at the time the Certificate of Occupancy is issued will be more difficult to administer. Chairman Greer recommended delaying action on the proposed ordinance to allow time for Staff to meet with builders to see if a satisfactory plan can be developed. Commissioner Sisson reported if the ordinance is delayed until the first meeting in January, the extension of the trunk line beyond Monkey Junction should also be delayed because builders will apply for the building permits before the impact fees are increased. Commissioner Barone expressed concern for not having ample time to review the ordinance if this item is placed on the agenda for December 4, 1995. Discussion was held on whether the changes in the ordinance after the first reading on November 6, 1995, were substantial enough to require a first reading of the amended ordinance. County Attorney Copley advised that if the Board felt the ordinance has been substantially changed, the Commissioners could require a first reading of the proposed ordinance. Mr. Buck 0' Shields, representing the Homebuilders Association, emphasized the importance of allowing time for the builders to meet with Staff and reported delaying the ordinance until the first meeting in January was not a problem with the Association. Consensus: After further discussion, it was the consensus Board to hold a first reading of the amended ordinance December 4, 1995, because of the substantial changes ordinance as presented at the second reading. of the on the ln the BREAK Chairman Greer called a break from 10:59 A.M. until 11:14 A.M. DISCUSSION OF SCHOOL FACILITY NEEDS County Manager 0' Neal reported the School Capital Construction Study Commission would be visiting New Hanover County on November 30, 1995. He commented on a meeting with the Superintendent of Schools and suggested presenting the following issues to the Commission: (1) concern for a State mandate with no funding to construct new schools with a reduction of students in the classrooms; and (2) the increased annual funding provided by New Hanover County to the School System during the past five to ten years. Chairman Greer recommended preparing a chart reflecting the increased funding allocations by the County to the School System NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 114 during the past five to ten years in order for the Commission to understand the willingness of the County and its taxpayers to support education in New Hanover County. County Manager O'Neal responded he would be glad to prepare a report and stated that Chairman Greer, Janice Cavenaugh, Chairman of the Board of Education, Dr. Dale Martin, Superintendent of Schools, and he would be attending the meeting and making the report on the school needs in New Hanover County. Commissioner Sisson commented on the importance of identifying the needs for County schools and requested Staff to prepare a report on the costs and available resources to meet these needs in order to begin to prepare for the upcoming budget process. APPROVAL OF CAPITAL PROJECT ORDINANCE, PLAN, AND ASSOCIATED BUDGET AMENDMENT #96-25 TO RELOCATE THE EMERGENCY OPERATIONS CENTER TO THE EMS BUILDING Director of Emergency Management, Dan Summers, commented on assistance received from the County's Project Engineer, George Shaw, and reported the cost of the project had been reduced. He requested the Board to approve the plan, Capital Project Ordinance, and associated Budget Amendment. Chairman Greer commented on unforeseen expenses, such as installing telephone lines, and asked how much money would actually be involved in relocating the Emergency Operations Center? Director Summers responded that most of the already been included in the current budget. As lines, the phones would not be used during the move period; therefore, the money saved during this time the costs associated with installing new lines. expenses had to telephone and transition should pay for Chairman Greer asked if the generator should be moved? Director Summers responded the generator was not dedicated to the Emergency Operations Center, but to the 911 Center; therefore, a stand-alone generator of a large size would be required for the new Emergency Operations Center. Chairman Greer commented on the need to investigate the possibility of contracting out the Print Shop instead of constructing another building to house this facility. Commissioner Barone reported she was not aware that a building had to be constructed. County Manager 0' Neal reported discussion was held at the Staff Meeting on Thursday about the need to construct a building next to Property Management on Division Drive to house the Print Shop. He advised that Staff had investigated the possibility of renting space in the downtown area, but rental space was too costly. After a thorough review by Staff, it is felt that adding space onto the Property Management building will be the best and least costly solution to the problem. County Manager O'Neal commented on the importance of the Print Shop to County employees and reported the main advantage was being able to have materials printed on short notice, which frequently occurs with agenda deadlines and requests from the Board of County Commissioners. He reported Staff had not thoroughly analyzed the cost of contracting out the service, but he felt that a small savings would be realized if service was contracted. Commissioner Barone commented on being an contracting out services but stated in this instance Print Shop should be operated by the County because that could not be performed by outside printers. advocate of she felt the of rush jobs NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 115 vice-Chairman Mathews commented on the memo from the Budget Director and asked if the Print Shop could be located any where in the downtown area? County Manager O'Neal responded Staff was in the process of reviewing the possibility of locating the Print Shop on North Fourth Street in the area being revitalized. He reported if a desirable location was found, the Board would be informed. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the plan for the Emergency Operations Center and the relocation of the Print Shop as presented by Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Capital Project Ordinance and associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer Chairman Greer stated, for the record, he voted no because he could not see constructing a building to house the Print Shop when money could be saved by contracting out this service. County Manager O'Neal commented on the essence of time in the Emergency Operations Center proj ect and reported it would be difficult to re-establish the Building Committee; however, if a County Commissioner would like to sit in on the design and planning stages, the Board should designate a member. After discussion of the project cost, Staff was directed to proceed with the project without forming a Building Committee. Chairman Greer requested Staff to use local firms whenever possible in construction of the project. Budget Amendment #96-25 Project Emergency Operations Center Capital Debit Credit Emerqency Operations Center Contribution from CP&L Transfer from General Fund $ 65,000 248,000 Emerqency Operations Center Capital Project Expense $313,000 Purpose: To establish a budget for the Emergency Operations Center Capital Project according to the Project Ordinance, which does not include the cost associated with relocating the Print Shop. A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 5. APPOINTMENTS TO THE NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS Chairman Greer announced due to the consolidation effort, the July 1, 1995, appointments to the Board of Fire Commissioners had been postponed until after October 31, 1995. He recommended NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 116 allowing the terms to expire on July 1, 1998, as originally designated to maintain staggered terms and rotate appointments that should be made by the Volunteer Fire Departments. Consensus: It was the consensus of the Board for the three-year terms to expire on July 1, 1998. Chairman Greer announced there were three vacancies on the Board of Fire Commissioners that needed to be filled as well as the ratification of the following appointments submitted by the Federal Point Volunteer Fire Department and Wrightsboro Volunteer Fire Department: Cliff Robinson - Federal Point Volunteer Fire Department Michael W. Rhodes - Wrightsboro Volunteer Fire Department He requested a motion for ratification of the appointments. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to ratify the appointment of Cliff Robinson to serve a three-year term on the Board of Fire Commissioners as the representative from the Federal Point Volunteer Fire Department and ratify the appointment of Michael W. Rhodes to serve a three-year term on the Board of Fire Commissioners as the representative from the Wrightsboro Volunteer Fire Department. The terms will expire July 1, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations for filling the three vacancies. Commissioner Barone nominated Frederick M. Worsh. The nomination DID NOT RECEIVE A SECOND. Commissioner Sisson nominated James W. Sawyer. The nomination was seconded by Vice-Chairman Mathews. Commissioner Caster nominated Robert J. nomination was seconded by Commissioner Sisson. Keenan. The Vice-Chairman Mathews nominated Dennis pinho. The nomination was seconded by Commissioner Sisson. The floor was opened to discussion on the nomination of Dennis pinho. Commissioner Barone expressed concern that Mr. Pinho's application was received after the deadline and felt he was not eligible for appointment to the Fire Commission. Commissioner Sisson responded the application was distributed to the Board at the Staff Meeting on Thursday, November 16, 1995. Commissioner Barone inquired as to why the application was late? Commissioner Sisson responded there was an error ln the application process between the Emergency Management Department and Clerk to the Board. Commissioner Barone responded the application was not filed in a timely manner and should not be considered. Also, if a person has served on the Fire Commission for one term that individual is not eligible to serve more than one consecutive term. A lengthy discussion was eligible for reappointment. application was over eighteen submitted for reappointment. held on whether Mr. pinho was Chairman Greer responded the months and should not have been Commissioner Barone recommended advertising the vacancy as an at-large position. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 117 Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of James W. Sawyer to serve on the Board of Fire Commissioners. Upon vote, the Board voted UNANIMOUSLY to appoint Mr. Sawyer to serve a three- year term on the Board of Fire Commissioners with the term to expire July 1, 1998. Vote: Chairman Greer called for a vote on the appointment of Robert J. Keenan to serve on the Board of Fire Commissioners. Upon vote, the Board voted UNANIMOUSLY to appoint Mr. Keenan to serve a three-year term on the Board of Fire Commissioners with the term to expire July 1, 1998. Vote: Chairman Greer called for a vote on the appointment of Dennis pinho to serve on the Board of Fire Commissioners. The floor was opened to discussion. Further discussion was held on whether Mr. pinho was eligible to be appointed to serve another term on the Board of Fire Commissioners. Clerk to the Board, Lucie F. Harrell, recommended re-advertising the position in order to resolve this issue in an equitable manner. Motion Withdrawn: After discussion, the nomination of Dennis pinho was withdrawn and it was the consensus of the Board to request the Clerk to the Board to advertise for one at-large position on the Board of Fire Commissioners. Chairman Greer commented on the manner in which the by-laws were written and recommended changing the appointment process to provide for a less complicated method of appointment. He reported when the by-laws were originally written, it was anticipated that a certain number of members on the Board of Fire Commissioners would represent the Volunteer Fire Departments with the other members being appointed at-large by the Board of County Commissioners. As the appointment process evolved through the years, most of the members, whether at-large or representatives of the Volunteer Fire Departments, were in some way affiliated with one of the Volunteer Fire Departments. He stressed the importance of appointing members that represent the entire County and recommended changing the by-laws to allow the Volunteer Fire Departments to have representation through rotation of members with all other positions being appointed at-large by the Board of County Commissioners under no designated fire district. Director of Emergency Management, Dan Summers, agreed with Chairman Greer and reported he would be glad to work with the Fire Commission in preparing a recommendation to change the appointment procedure in the by-laws. Once the recommendation is completed, it will be presented to the Board of County Commissioners for consideration and approval. APPOINTMENT TO THE NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Chairman Greer announced there was one vacancy on the Library Advisory Board and that three applications had been received to fill the vacancy. He opened the floor to receive nominations. Commissioner Mathews nominated Alfred G. Lapitino. The nomination was seconded by Commissioner Caster. Commissioner Barone nominated Fletcher C. Eddens. The nomination DID NOT RECEIVE A SECOND. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Alfred G. Lapitino. Upon vote, the Board VOTED AS FOLLOWS to appoint Mr. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 118 Lapi tino to serve a three-year term on the New Hanover County Library Advisory Board with the term to expire August 31, 1998: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone APPOINTMENT TO NURSING HOME ADVISORY COMMITTEE Chairman Greer announced there was one vacancy on the Nursing Home Advisory Committee and reported two applications had been received. Chairman Greer opened the floor to recelve nominations. Commissioner Barone nominated Clara W. Lamb. The nomination was seconded by Chairman Greer. Commissioner Caster nominated Lyn Williams-Yow. The nomination was seconded by Vice-Chairman Mathews. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Clara w. Lamb to serve on the Nursing Home Advisory Committee. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of Lyn Williams-Yow to serve a one-year initial term on the Nursing Home Advisory Committee to expire November 30, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone APPOINTMENT TO PLUMBING BOARD OF EXAMINERS Chairman Greer announced there was one vacancy on the Plumbing Board of Examiners. He reported that two applications had been received, and he opened the floor to receive nominations. Commissioner Barone nominated Larry James. The nomination was seconded by Commissioner Caster. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Larry James. Upon vote, the Board VOTED UNANIMOUSLY to appoint Larry James to serve a three-year term on the Plumbing board of Examiners with the term to expire December 1, 1998. Discussion employee of the Carolina Beach. be a conflict of was held on the application submitted by an Wastewater Collection Division of the Town of Chairman Greer inquired as to whether this would interest. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 119 County Attorney Copley responded she would be glad to check into this matter and report back to the Board. APPOINTMENTS TO THE NEW HANOVER COUNTY HUMAN SERVICES TRANSPORTATION ADVISORY BOARD Chairman Greer announced there were two vacancies on the Human Services Transportation Advisory Board, one in the over age 60 category and the other in the handicapped/disabled category. He reported two applications had been received for the handicapped/disabled category with no applications received for the over age 60 category. Clerk to the Board, Lucie F. Harrell, reported only one of the applicants could be appointed to fill the handicapped/disabled category. As to the over age 60 category, no applications were received; however, Bill Childs was appointed to fill the unexpired term of Marion Rogers; therefore, he would be eligible for appointment as the representative to the over age 60 category. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to appoint Bill Childs to serve a three-year term on the Human Services Transportation Advisory Board as the over age 60 representative with the term to expire November 30, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to recelve nominations to fill the handicapped/disabled vacancy. Commissioner Caster nominated Nelson A. Robinson. The nomination was seconded by Commissioner Barone. Chairman Greer nominated Margaret Sampson Rogers. The nomination was seconded by Commissioner Sisson. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Nelson A. Robinson. Upon vote, the Board voted AS FOLLOWS to appoint Mr. Robinson to serve a three-year term on the Human Services Transportation Advisory Board as the handicapped/disabled representative with the term to expire November 30, 1998: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Voting Nay: Chairman Greer Commissioner Sisson APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT Chairman Greer announced there were three vacancies on the Zoning Board of Adjustment, two board members and one alternate. He reported that four applications had been received with one member, Keith Cooper, desiring to be reappointed. Commissioner Barone recommended moving Fred Floyd from an alternate position to a regular member of the Zoning Board of Adjustment. She reported alternates had been moved into regular positions by the Board because of the need for new members to have some knowledge of the duties and responsibilities of this board. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint Fred Floyd, an alternative member, to serve a three-year term on the Zoning Board of Adjustment with the term to expire December 1, 1998. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 120 Chairman Greer Voting Nay: Commissioner Sisson Chairman Greer announced with the appointment of Fred Floyd to serve as a regular member of the Zoning Board of Adjustment, there would be one vacant position and two alternate positions to be filled. Chairman Greer opened the floor to recelve nominations. Commissioner Caster nominated the reappointment of S. Keith Cooper to serve on the Zoning Board of Adjustment. The nomination was seconded by Commissioner Barone. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the reappointment of S. Keith Cooper to serve a three-year term on the Zoning Board of Adjustment to expire December 1, 1998. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson Chairman Greer opened the floor to receive nominations for the appointment of two alternate positions on the Zoning Board of Adjustment. Commissioner Barone nominated Peter M. DeVita. The nomination was seconded by Vice-Chairman Mathews. Commissioner Sisson nominated Robert A. Dudek. The nomination did not RECEIVE A SECOND. Commissioner Caster nominated James Webb. The nomination was seconded by Commissioner Barone. There being no further nominations. Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Peter M. DeVita to serve as an alternate member on the Zoning Board of Adjustment for a three-year term to expire December 1, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of James Webb to serve as an alternate member on the Zoning Board of Adjustment for a three-year term to expire December 1, 1998. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Vice-Chairman Mathews Commissioner Sisson MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 11:55 A.M. until 12:14 P.M. to hold a meeting of the New Hanover County Water & Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 121 DISCUSSION OF ACCEPTING A PROMISSORY NOTE AND DEED OF TRUST FROM OGDEN VOLUNTEER FIRE DEPARTMENT FOR CONSTRUCTION OF THE PORTER'S NECK FIRE SUBSTATION County Attorney Copley advised that Mr. Tom Morgan, the attorney representing the Ogden Volunteer Fire Department, had requested the Commissioners to consider a Deed of Trust and a Promissory Note to make the County a secured creditor for all present and future funding of the Porter's Neck Fire Substation. She requested direction from the Board. Commissioner Sisson commented on the importance of moving forward with constructing the fire substation and reported the Fire Commission recommends j oint ownership of the property with the County paying one-half of the purchase price plus the $60,000 for construction of the building. Mr. Ed Worrell, Vice-President of the Ogden Volunteer Fire Department, reported an engineering group had been hired to perform the land survey in order to proceed with constructing the Fire Substation in Porter's Neck. The Volunteer Fire Department is concerned about the original agreement with the Board of Directors of Davis Nursing Home and feels the agreement should be honored. He advised the agreement requires the land to be used only for a fire substation with restrictions on the use of sirens near the nursing home. Upon the advice of Attorney Tom Morgan, the Ogden Volunteer Fire Department feels that the proposed recommendation is the best arrangement for both parties involved. The Deed of Trust would provide for the building and/or money to be returned to the County if structure is not used for a fire substation. The Ogden Volunteer Fire Department has paid $35,000 from private funds to purchase the land; therefore, if the fire service should be discontinued, the County would probably get the land and the building, which would be a financial gain. The Ogden Volunteer Fire Department wants the County to join in this effort; however, if no agreement can be reached, the Volunteer Fire Department can construct the station without assistance from the County. Chairman Greer asked the County Attorney to explain any negative points about co-ownership? County Attorney Copley responded the County would be liable for any environmental problems or lawsuits. If a Deed of Trust was approved, the $60,000 investment would be refunded; however, the Deed of Trust should clearly state that if the Ogden Volunteer Fire Department ceases to have a contract with the County, the investment would be returned. Discussion was held on what was acceptable to the Ogden Volunteer Fire Department. Mr. Worrell responded Attorney Morgan felt the joint ownership was not the best approach for the Ogden Volunteer Fire Department. Chairman Greer stressed the importance of working together to see if an agreement could be reached in order to proceed with constructing the facility. He recommended meeting with the Board of Directors of the Davis Nursing Home to see if there was a problem with co-ownership of the land. Mr. Worrell responded this would be satisfactory with him. After further discussion, the County Attorney was requested to schedule a meeting with the Board of Directors of the Davis Nursing Home, a representative from the Board of County Commissioners, and a representative from the Ogden Volunteer Fire Department to see if some agreement can be reached to provide for co-ownership of the property. Discussion of Buck Drive County Attorney Copley reported Mr. Robert Ransom, a property owner on Buck Drive, requested the County to pursue action against NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 122 Mr. and Mrs. Buck for not bringing Buck Drive up to State standards. She informed the Board that a Notice of Noncompliance was filed at the Register of Deeds Office to prevent the issuance of building permits until Mr. and Mrs. Buck complied to the County Zoning Ordinance, which requires roads to be constructed to State standards. After discussion with the attorney hired by Mr. and Mrs. Buck, it appears the Bucks do not have enough cash resources to improve the road. She requested direction from the Board in resolving this matter. Mr. Robert Ransom, 5709 Sidbury Road, presented a map of the area and reported he purchased the property along Buck Drive with the understanding that the remaining portion of the property could be developed. He advised that in 1985, the Bucks were fined for not complying to State road standards and at that time, they were told to stop selling lots until Buck Drive was improved. During the past ten years, lots have been sold by the Bucks with no improvements to the road. He commented on the hardships that have been created for persons who have purchased property and asked when the County will force the Bucks to comply to the law. After a lengthy discussion of the parties involved, it was concluded that this was a legal issue between the property owners and the Bucks; therefore, a lawsuit should be filed against the Bucks so this matter could be resolved through the judicial system. County Attorney Copley reported the Planning Department and County Staff could testify in support of the property owners as expert witnesses on the plat requirements in the Zoning Ordinance. Mr. Ransom requested a written document so he could be assured that County Staff would support the property owners if a lawsuit was filed. Chairman Greer responded the minutes of the meeting would be an official document, and he requested the Clerk to the Board to forward a copy of the minutes to Mr. Ransom. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Porter's Neck Fire SubStation Commissioner Sisson commented on the joint ownership with the Ogden Volunteer Fire Department and stated, opinion, the problem was a power struggle that was political. problem in his purely County Attorney Copley advised that she would like to have Attorney Tom Morgan, Ed Worrell, and a representative from the Board to attend the meeting with the Davis Nursing Home Board of Directors. Chairman Greer recommended that Vice-Chairman Mathews attend the meeting since he was a member of the Davis Nursing Home Board of Directors. Vice-Chairman Mathews advised he did not mind attending the meeting if his membership was not a conflict of interest. After further discussion, it was determined that Chairman Greer and Vice-Chairman Mathews should attend the meeting with the Davis Nursing Home Board of Directors. Report on Council of Governments (COG) Executive Committee Meeting Vice-Chairman Mathews reported at the last COG Executive Committee meeting, the Committee approved the appointment of Bill Farris to the Executive Committee as the County's representative. He requested confirmation of the appointment by the Board of County Commissioners even though this action is not required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 123 After discussion, the Board confirmed the appointment of Mr. Farris as the County's representative. Comments on Public Notices Vice-Chairman Mathews commented on Public Notices and asked why notices were published with usage of the words, County Commissioners instead of the "Board" of County Commissioners. Clerk to the Board, Lucie F. Harrell, responded that notices of meetings were published as the New Hanover County Board of Commissioners; however, she would be glad to check into how ads for zoning matters are being published and report back to the Board. Report on the American Water Works Association Quarterly Conference held in Greensboro, North Carolina Commissioner Barone reported on attending the quarterly American Water Works Association Conference in Greensboro, North Carolina, and advised that all coastal areas in North Carolina are experiencing problems with stormwater retention, stormwater run- off, and clean drinking water. She noted that all local governments are searching grants to assist with resolving these costly problems. Report on the First Meeting of the Intergovernmental Relations Committee of the N. C. Association of County Commissioners Commissioner Caster reported as a member of the Intergovernmental Relations Committee, he attended the first meeting and discussion was held on the changes in the voter registration laws. He advised the Board that the changes were substantial and would probably require additional staffing in the Elections Office to provide the necessary information that will be required on registered voters. Commissioner Caster reported discussion was held on the Legislative Bulletins published by the N. C. Association of County Commissioners. It was generally concluded that the bulletins need to provide more information on proposed bills in order for the Commissioners throughout the State to ascertain whether or not to support or oppose the bills. The Association will be working on improving the bulletins. Discussion of Laws Governing the Use of Sirens Near Fire Stations Vice-Chairman Mathews inquired as to whether the County would be liable if sirens or red lights were not used at the proposed Porter's Neck Fire Substation. County Attorney Copley responded the Ogden Volunteer Fire Department would be liable if an accident should occur. She reported she would be glad to check into the State law and advise the Board on the required signals. CLOSED SESSION County Attorney Copley requested a Closed Session under N.C.G.S. 143-318-11, Section (3) to consult with the Board. She requested the County Engineer, Wyatt Blanchard, to attend the Closed Session. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to hold a Closed Session for the purpose of consulting with the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 1:00 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Regular Session at 1:14 P.M. and reported no action was taken ln the Closed Session. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 20, 1995 BOOK 25 PAGE 124 ADJOURNMENT Chairman Greer adjourned the meeting at 1:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board