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1996-01-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 186 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 16, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Elrick Richburg, Pastor of Bethesda Christian Church, gave the invocation. Commissioner Sisson led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that this portion of the agenda was reserved to allow persons attending the meeting to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons making presentations to limit their remarks to three minutes. The following items were presented. Request for Removal of Commissioner William E. Sisson, Jr. and Mr. Dennis Pinho from the New Hanover County Board of Fire Commissioners Mr. Mike Garner, Assistant Chief of the Seagate Volunteer Fire Department, presented letters from the various Volunteer Fire Departments and advised that most of the Fire Departments were concerned about the reappointment of Mr. Dennis pinho and Commissioner Sisson to serve on the New Hanover County Board of Fire Commissioners. He reported since the appointment of Mr. pinho and Commissioner Sisson, the Volunteer Fire Departments had experienced a great deal of difficulty in working with these two appointees. The Commissioners were requested to appoint two other persons to serve on the Board of Fire Commissioners in order for the Volunteer Fire Departments to work more cooperatively with the Board of Fire Commissioners. Chairman Greer advised that a majority of the Board of County Commissioners had voted to reappoint Mr. pinho to serve on the Board of Fire Commissioners; therefore, he did not know how to respond to the request. He commented on the many calls received during the past week, and asked if the Board of Fire Commissioners should be abolished? Assistant Fire Chief Garner responded that the Board of Fire Commissioners had been beneficial to the Volunteer Fire Departments; however, the Board of Fire Commissioners and the old Fire Inspection Committee were constantly arguing about issues with very little cooperation between the two groups. Chairman Greer asked if one group should be abolished? Assistant Fire Chief Garner reported one eliminated and stated, in his opinion, the Committee had performed a better job. group should be Fire Inspection Commissioner Barone asked who served on the Fire Inspection Committee, and if that Committee had been responsible for preparing budget requests for the Volunteer Fire Departments? Assistant Fire Chief Garner responded the Fire Inspection Committee was comprised mainly of Officers, Fire Chiefs, and Assistant Fire Chiefs who reviewed and submitted budget requests for the Volunteer Fire Departments. Commissioner Barone reported the Board of Fire Commissioners was created to assist the Board of County Commissioners in reviewing and recommending budgets for the Volunteer Fire Departments; however, during the last two years, serious problems NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 187 had developed between the two groups. She informed the Board that she had spent more than 32 hours in the month of December discussing issues of concern with Volunteer Firemen from the various Volunteer Fire Departments. Emphasis was placed on the importance of resolving these conflict areas in order for the Volunteer Firemen and Board of Fire Commissioners to work cooperatively together to ensure the provision of quality fire protection to the unincorporated county. Chairman Greer expressed appreciation to Assistant Fire Chief Garner for bringing this matter to the attention of the Board. No action was taken. Approval of Needs Assessment Survey for New Hanover County Schools Mr. Charles M. Lineberry, Jr., a member of the New Hanover County Board of Education, advised that the Board of Education had not been able to reach a majority vote on the 10-Year School Needs Assessment Survey. He noted the plan was discussed by the Board of County Commissioners on January 2, 1996, with the consensus that the N. C. Department of Public Instruction should be contacted to see if the January 8, 1996, deadline for receiving the plan could be extended so the Board would have ample time to review the plan. He advised if the survey was not mailed to the N. C. Department of Public Instruction within the next few days, New Hanover County Schools would not be considered by the State to receive school construction funds. Discussion was held on the proposed $308 million in school needs for New Hanover County. Mr. Lineberry reported this figure could be reduced to $242 million because many of the items, such as requiring gyms and auditoriums were not needed. He advised that the Winter Park School was already under construction at a new site and that renovations were underway for Gregory, Wrightsboro, and williston schools. He presented the following proposal reducing the $308 million figure to $242 million: New Construction: $ 138.0 million General Renovations for Existing Schools: $ 75.3 million Additional Classrooms at Existing Schools: $ 3.8 million Other Classes: $ 12.3 million Libraries: $ 6.1 million Multi-purpose Physical Education Rooms $ 6.3 million Total $ 24l.8 million Superintendent of Schools, Dr. Dale Martin, reported the State was requesting School Needs Assessment Surveys from all school districts throughout the State in order to determine school needs so a plan could be developed to address these needs. As to projected costs, it would be impossible to estimate the cost of land in 10 years, or the number of high schools needed in New Hanover County over a ten-year period. The major issue that must be considered is the loss of a funding opportunity for school construction funds unless the New Hanover County School District approves and returns the survey. He advised that the figures in the survey were over a period of 25 years for needs that were not met during the last 15 years, and for needs projected for the next 10 years. Commissioner Caster commented on the figures in the survey and advised he was not aware these figures had been generated by the State, not by local school officials. He expressed concern for the Board of Education not responding to the State with approval of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 188 the survey so the County could have an opportunity to receive State funding for school construction. Commissioner Sisson agreed and reported, ln his oplnlon, the survey should be forwarded to the State. Commissioner Barone advised that Pender and Brunswick Counties were growing rapidly, and she reported that Pender County had requested $31 million in school needs with Brunswick County requesting $50 million. She commented on the wish list presented in the survey for New Hanover County Schools and emphasized the importance of everyone understanding that New Hanover County is considered a wealthy county by the State of North Carolina; therefore, a county such as Johnston County would receive more funding than New Hanover County. She noted that school needs would be funded by a statewide bond referendum, which will mean that tax dollars will be leaving New Hanover County to subsidize the cost of building schools in poorer counties. Discussion was held on the school population and mandated programs. Chairman Greer requested Dr. Martin to explain the requirements for the size of classrooms so the public and members of the Board could better understand population figures. Dr. Martin commented on mandated programs by the federal and state governments without the provision of funds and reported in 1980 the total enrollment of the New Hanover County School District was 20,130 students. In 1995, the total enrollment was 20,200 with a difference of 70 students for the 15-year period. After studying and reviewing the reasons for space problems now being experienced, he had found the following reasons: (1) From 1980 to 1995, seventy-one (71) additional classrooms have been required in the New Hanover County School District due to changes in the State legislation governing the size of classrooms. No funding assistance has been received from the State to construct the new classrooms. (2) Programs for exceptional children have grown 70 percent. Under State guidelines, only 15 students can be placed ln a classroom; therefore, seventy (70) additional classrooms have been required for administering this program. (3 ) Computer technology has required 16 secondary and middle schools, not elementary schools. new classrooms including labs ln at the the (5) From 1980 to 1989, the New Hanover County School District was a declining school district with a reduction in school enrollment. During this period, six schools were closed with only four schools opened, which resulted in a loss of 40 classrooms. In summary, when reviewing the history of what occurred in the School District over this period of time, 241 additional classrooms have been needed to accommodate additional programs and enrollment issues for basically the same number of students that were enrolled in 1980. Chairman Greer commented on the remarks by Dr. Martin and stressed the importance of everyone understanding that because of federal and state regulations, 241 additional classrooms are needed ln 1995 for approximately the same enrollment of students in 1980. vice-Chairman Mathews asked if any action had been taken by the Board of Education on the Needs Assessment Survey? Mr. Lineberry responded the survey was presented to the Board of Education with postponement of the item. The issue was presented a second time with a motion that did not receive a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 189 second; therefore, no action has been taken by the Board of Education. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve the School Needs Assessment Survey at a projected cost of $242 million as presented by Mr. Lineberry. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Caster commented on year-around schools being cost-effective and he requested the Board of Education to consider this type of scheduling in the elementary schools to assist with space needs. Dr. Martin agreed and reported with continued growth, the year-around system may have to be established in order to accommodate the students. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners of December 18, 1995, Clerk to the Board. approved the minutes of the Regular Meetings and January 2, 1996, as presented by the Acceptance of Tax Collection Reports Through December 31, 1995 The Commissioners accepted the following Tax Collection Reports through December 31, 1995, as presented by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 9. Release of Value - New Hanover County Tax Department The Commissioners approved value adjustments for the following taxpayers because of conditions that were brought to the attention of the Tax Department. Backup information is available in the Tax Department upon request. Coley, Robert F. and Barbara B. Grizzel, Earl J. and Judith C. $8,200 $2,700 The Commissioners released the following late-listing penalties as the taxpayers listed on time in another county, or the taxpayers have certified they listed during the listing period: Davis, Gregory Lynette Dickens, T. Dixon Freeman, Wayne Gaskill, Milton Hardwick, William D. Miller, Mark I. Wilmington Bonded Warehouse Wilson, Barry L. $ 13.70 $ 17.03 $ 5.77 $165.17 $ 18.44 $ 5.91 $ 19.65 $ 13.71 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 190 The Commissioners granted Senior Ci tizen/Disabili ty Exclusions to the following taxpayers. Application and letters explaining late filing are available in the Tax Department upon request. Brewington, Donald K. and Doris H. Gilchrist, Ethel Lee Norris, Mary L. Strickland, Fred $15,000 $15,000 $ 1,440 $ 5,090 Tax Appeal of Discovered Value Submitted by A. Linwood Brown III (P095000374) The Commissioners approved a reduction in value for a 1968 Beachcraft Baron B55 owned by A. Linwood Brown III in the amount of $42,000 due to significant engine problems in excess of the purchase allowance given by the seller. Since Mr. Brown failed to list for 1995, the Commissioners upheld the listing penalty as assessed by the Tax Department. Information regarding the appeal is on file ln the Tax Department and can be reviewed upon request. Adoption of Resolution for Acceptance of an Offer to Sale Surplus Property Jointly Owned by the City of Wilmington and New Hanover County Located at 1407 Church Street The Commissioners adopted a resolution to accept an offer from Arthur E. and Irene Brown for the following property owned jointly by the City and County: Parcel Number Address Amount of Offer R0054-06-032-004.000 1407 Church Street $1,745 The property has an ad valorem tax value of $2,206 as of 1989. The offer will be duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 9. Adoption of Resolution for Acceptance of an Offer to Sale Surplus Property Jointly Owned by the City of Wilmington and New Hanover County Located at 110 Sunnyvale Drive The Commissioners adopted a resolution to accept an offer from Derwin and Marlene Hinson for the following property owned jointly by the City and County: Parcel Number Address Amount of Offer R0065-14-001-001.000 110 Sunnyvale Drive $1,480 The property has an ad valorem tax value of $1,500 as of 1989. The offer will be duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 9. Adoption of Resolution to Approve Section 18 Human Services Transportation Grant Application for FY 1996-97 - New Hanover County Transportation Services The Commissioners adopted a resolution to approve the Section 18 Human Services Transportation Grant Application for FY 1996-97. The application, totaling $124,126 represents a request for $54,027 in program administration funds and $70,100 for the purchase of two (2) vans as recommended by the Transportation Development Plan adopted by the Board of County Commissioners on January 3, 1995. Distribution of funding among governmental entities will be as follows: Federal Funds State Funds Local Match $86,888 $22,124 $15,114 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 191 The Chairman was authorized to execute the necessary documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 9. Adoption of Drug and Alcohol Policy for Transportation-Related Services - New Hanover County Transportation Services The Commissioners adopted a Drug and Alcohol Policy for transportation related services as required by the Federal Transit Administration retroactive to January 1, 1996. The contracted private operator will have to comply to the requirements of the policy providing transportation services to County residents. A copy of the policy is on file in Assistant to the County Manager's office. Reappointment of Ernst M. Swart as a Representative of the Nursing Home Administrators - Nursing Home Community Advisory Committee The Commissioners ratified the reappointment of Ernst M. Swart as a representative for the Nursing Home Administrators to serve on the Nursing Home Community Advisory Committee for a three-year term which will expire on January 31, 1999. Approval of FAA Grant Amendment Airport Taxiway Lighting Project The Commissioners approved the FAA grant amendment Project 3-37-0084-17) for the taxiway lighting project. Chairman was authorized to execute the necessary documents. for New Hanover International (AIP The Approval of Budget Amendment #96-0102 to Budget a Portion of the 911 Surcharge for the Computer Aided Dispatch (CAD) Capital Project The Commissioners approved the following Budget Amendment: #96-0102 - Emergency Telephone System Fund Debit Credit Emerqency Telephone System Fund 911 Surcharge $534,844 Transfer to CAD Capital Project $534,844 Purpose: To budget the portion of the 911 surcharge already designated for the Computer Aided Dispatch capital project. These funds were budgeted in FY 1993-94, but reverted to the fund balance in the Emergency Telephone System Fund at the end of the fiscal year since the funds were not transferred to the capital project at that time. Approval of Budget Amendment 96-0094 - New Hanover County Library The Commissioners approved the following Budget Amendment: #96-0094 Library Debit Credit Library Contribution/Book Sale Lost Books Books & periodicals $5,169 3,800 $8,969 Purpose: To budget book sale contributions and lost book payments. Approval of Budget Amendment #96-0093 - New Hanover County Library The Commissioners approved the following Budget Amendment: #96-0093 Library Debit Credit Library LSCA Enrichment Grant $13,803 Capital Outlay - Equipment $13,803 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 192 Purpose: To budget LSCA Enrichment Grant funds. The grant was approved by the Board of County Commissioners on May 15, 1995. PRESENTATION OF PRINT REFLECTING PICTURES OF THE MEDAL OF HONOR RECIPIENTS FROM NEW HANOVER COUNTY Mr. Al McQuire, a member of the American Legion Post 10, complimented the Board of County Commissioners for their support of the veterans, and he recognized the following persons for their efforts in raising funds for the oil portraits of three Medal of Honor Recipients from New Hanover County now placed in the Library: Mr. Robbie Nurnberger Mr. Jim Jeffords Mr. Allen O'Neal, County Manager Mr. Andrew J. Atkinson, Deputy County Manager Mr. David Paynter, Library Director Ms. Jenean Todd, The Cape Fear Museum A print of the Medal of Honor Recipients was unveiled and the Board was requested to hang the print in the New Hanover County Courthouse. Chairman Greer, on behalf of the Board, accepted the print and expressed appreciation to Mr. McQuire and the members of the American Legion Post 10 for raising funds to place portraits of the Medal of Honor Recipients in the New Hanover County Library. He reported the print would be hung at a prominent place in the New Hanover County Courthouse. PRESENTATION OF CLASS ACT AWARDS County Manager 0' Neal explained that the "Class Act" given in recognition of exceptional performance by employee. Award was a County Chairman Greer, on behalf of the Board, presented Class Act Awards to Susan J. Jaindl, Clerical Assistant in the Budget and Finance Departments, and Antoinette Leeuwenburg, an Administrative Assistant in the Budget Department. He congratulated Ms. Jaindl and Ms. Leeuwenburg for their outstanding job performance in their departments. 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 Nancy Broughton, Property Management Dept. Robert M. Blake, Sheriff's Dept. Laetitia D. Day, Health Department John A. Blume, Department of Social Services patricia A. Jessup, Department of Social Services Service 5 5 5 5 5 Mamie N. Carlos, Health Department 15 Chairman Greer, on behalf of the Board, presented the Service Awards and expressed appreciation to these employees for their years of dedicated service to New Hanover County. INTRODUCTION OF NEW COUNTY EMPLOYEES County Manager O'Neal introduced the following new employees: Windy Marshall, Cape Fear Museum Nancy Ryan, Health Department Anthony Williams, Health Department Terri Smith, Health Department Beverly Buckner, Health Department Pamela Horne, Health Department Alicia Pickett, Health Department Carol Bottoms, Health Department Paula pergerson, Library NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 193 Michael Broyhill, Tax Department June Reddick, Social Services Jackie Ganey, Social Services Kaydell Rackley, Social Services Cindi Grindstaff, Social Services Melissa Cowan, Social Services Jennifer De Coursey, Social Services Lisa Ezzell, Social Services 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 ANNUAL REPORT OF THE NEW HANOVER COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE Mr. Edward V. Grace, Chairman of the Nursing Home Community Advisory Committee, reported there are six (6) Nursing Home facilities in New Hanover County with 724 beds visited on a mandated quarterly schedule. During the past year, the Committee focused on quarterly visits with an attempt to visit each facility twice a quarter to assure that patients are being provided care according to the Bill of Rights as outlined by North Carolina General Statutes. Since there are only eight members on the Committee and each visit requires approximately one to two hours, it has been difficult to reach this goal. Also, during the past year the local Ombudsman resigned, and the Committee had to work through the State Ombudsman with difficulty experienced in the provision of training for new members. Under the State legislation, the membership of the Committee is based on the number of Nursing Home Facilities instead of the number of beds. If more members could be appointed to serve on the Nursing Home Community Advisory Committee, more visits could be made to the Nursing Home Facilities. The Committee moved forward with visiting various service organizations, such as the Rotary, to create a public awareness of the need for people to volunteer to visit the residents in Nursing Home Facilities. Personal visits greatly uplift the spirits of the residents. Mr. Grace presented the following strengths and weaknesses found by the Nursing Home Community Advisory Committee during the past year: Summary of Strengths: (1) The Nursing Homes were able to correct long-term appearance questions. (2) Resident programs have improved and become more active. (3) Administrative changes have resulted in positive responses. (4) Visitors have a positive impact on the residents. (5) Improved facilities and a personal willingness to lmprove current operations. Summary of Weaknesses: (1) General lack of visitors at facilities. (2) The need for more persons to volunteer to serve on the Nursing Home Community Advisory Committee as well as visit the homes and present programs. (3) With improved facilities, deficiencies. there are still housekeeping NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 194 (4) A lack of training for both paid staff and volunteers at the Nursing Home Facilities. The facilities have a problem ln obtaining qualified workers because of low salary ranges. Discussion was held on the need to amend the State Law to allow for appointment of more members to serve on the Nursing Home Communi ty Advisory Committee. Mr. Grace noted that a larger membership would greatly assist the Committee in performing its duties and responsibilities. Discussion was held on the procedure used to correct an on- going problem at a Nursing Home Facility. Commissioner Barone requested Mr. Grace to explain the process used for corrective action. Mr. Grace advised that when a problem is found in a facility, the Committee goes directly to the Administrator of the facility and reports the problem. Normally, the problem is corrected by the Administrator, and if an employee is involved in an incident that employee is usually dismissed. A written report is made on every visit to each facility, and the report is forwarded to the Ombudsman at the Council of Governments who in turn forwards the report to the N. C. Division of Aging. If the problem is not corrected, action occurs on the State level. Also, the N. C. Division of Aging is required to perform an annual inspection of each facility. Copies of all reports, whether visits by the Nursing Home Community Advisory Committee, or the annual visit by the State, are available to the public upon request. Chairman Greer reported, in his opinion, the Nursing Home Community Advisory Committee is the only group that truly supervises the care of residents in Nursing Home Facilities. He expressed concern for the lack of corrective action taken at the State level when deficiencies are reported to the N. C. Division of Aging. He recommended not accepting the Annual Report until a response has been received from the N. C. Division of Aging about the procedure used by the State in correcting reported deficiencies. Ms. Rose Ann Mack, Director of the Cape Fear Council of Governments, reported the Ombudsman visits and provides training to Nursing Home Facilities and Domiciliary Homes. The Council of Governments receives local, state, and federal funds with only 65% of funding appropriated for a full-time Ombudsman. Due to the caseload in the four counties, the Cape Fear Council of Governments has been providing the necessary additional funds to hire a full- time Ombudsman. Notice has been received from the federal government that funding will be reduced; therefore, when the Ombudsman resigned, it was felt that more information should be received on possible cutbacks in federal funding before hiring a new Ombudsman. However, due to the current need for the position, the Council of Governments decided to advertise and interview applicants. Within the next two weeks, a full-time Ombudsman will be hired. Commissioner Sisson inquired as to what will happen if the Annual Report was not accepted by the Board of County Commissioners? Ms. Mack advised that the report would be forwarded to the State Ombudsman who would be responsible for handling this type of situation. Chairman Greer commented on the number of homes in New Hanover County, not including the homes in the three other counties, and he requested the Board to consider hiring an Ombudsman for New Hanover County possibly under the supervision of the Health Department. Commissioner Sisson agreed with Chairman Greer. He commented on the growth in the older age population ln the surrounding NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 195 counties, and reported he did not feel that one Ombudsman could handle a four-county area. Motion: After further discussion, Chairman Greer MOVED, SECONDED by Commissioner Sisson to take the following actions: (1) refuse to accept the Annual Report from the New Hanover County Nursing Home Community Advisory Committee until a response is received from the State as to the procedure used in correcting reported deficiencies; (2) consider the possibility of hiring an Ombudsman for New Hanover County only with no reduction in funding to the Council of Governments through the current fiscal year; and (3) authorize the County Attorney to work with the Chairman of the Nursing Home Community Advisory Committee to amend the State legislation to increase the membership of the Committee based upon the number of beds in a County instead of the number of Nursing Home Facilities. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Grace and the members of the Nursing Home Community Advisory Committee for the time and effort given to see that proper care is provided to our elderly citizens living in nursing homes. ADOPTION OF RESOLUTION AND AWARD OF DESIGN CONTRACT #96-0254 TO POST, BUCKLEY, SCHUH, & JERNIGAN, INC. FOR LANDFILL CELL 4-B - DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Director of Environmental Management, Ray Church, requested the Board to adopt a resolution awarding the design contract for construction of Cell 4-B at the New Hanover County Landfill to the firm of Post, Buckley, Schuh, & Jernigan, Inc. in the amount of $37,831. The engineering costs have been evaluated against other landfill projects and were found to be very competitive. Funds for the engineering design are available in the current Environmental Management Landfill Budget. Commissioner Caster requested an explanation as engineering contract was needed to re-design this cell other cells had already been constructed. He, also, other engineering firms were not given an opportunity project? to why an when three asked why to bid the Director Church advised that Cell 4B had to be modified to comply to new Federal Subtitle D standards. Since this cell lS a continuation of Subcells 2 through 6, it was felt the same engineering firm should re-design the cell. Also, using the same firm will save the County approximately $29,000. County Manager O'Neal explained that if the County decided to expand a building, normally, the same architect would be used because that firm was familiar with the design and construction of the building. He advised that landfill cell construction was similar because the cells were connected to each other. County Attorney Copley reported if the Board awards the contract to Post, Buckley, Schuh, & Jernigan, Inc., the Board should adopt a resolution to exempt this particular project from said procurement requirements as outlined in Article 3D, Chapter 143 of the North Carolina General Statutes. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a resolution to exempt the project from procurement requirements as listed in Article 3D, Chapter 143 of the North Carolina General Statutes. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt a resolution awarding the contract to Post, Buckley, Schuh, & Jernigan, Inc., in the amount of $37,831 for engineering design services for Cell 4B at the New Hanover County Landfill. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 196 Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIII, Page 9. A copy of the contract is on file in the Legal Department. RECOGNITION OF DENNIS BURKS AS A CO-AUTHOR OF A TECHNICAL REVIEW PAPER ON CONSTRUCTED WETLANDS Director of Environmental Management, Ray Church, requested Dennis Burks, Environmental and Waste Reduction Programs Manager, to step forward, to be recognized as a co-author of a technical review paper on Constructed Wetlands that was presented at a Regional Meeting of the Solid Waste Association of North America held in Raleigh, N. C. during the month of October. Annually, Post, Buckley, Schuh & Jernigan hold a competition among their national and international offices for outstanding technical review papers, and this document was selected for national recognition. Chairman Greer, on behalf of the Board, congratulated Dennis Burks, for receiving this special recognition. STATUS REPORT ON THE WASTEC FACILITY AND THE ENVIRONMENTAL MANAGEMENT FUND Director of Environmental Management, Ray Church, presented the following report on the Environmental Management Fund: (1) A Review of Budget Projections Comparing Expenses and Revenues versus the Adopted Budget (2) Summary of Expenses to Date for the Landfill, Administration, Recycling, and the WASTEC Facility. (3) Projected versus Budgeted Expenses for the entire Fiscal Year. (4) Projected Expenditures for FY 1995-96. When determining the six months of revenues revenues. The tip fees inclusion of State grants and scrap tire taxes. FY 1995-96 budget projections, the first received were doubled to proj ect the were doubled at the Landfill with the and monies received from the white goods In projecting expenditures, salaries and benefits were doubled, and administration and operations were doubled with a capital outlay for the purchase of a new vehicle. The expenditures for the recycling program were doubled with an additional $40,000 budgeted to pay the City of Wilmington for recycling services as required in the existing contract. Figures for the Landfill were doubled with an additional $330,000 for the closure of Cell 4-A. Discussion was held on the projected reduction in the debt serVlce. Finance Director, Bruce Shell, responded in the year 2005, the debt service would drop by $800,000 to $1,000,000 annually. Discussion was held on the revenue generated from steam and electrical sales. Director Church reported in the past the sale of steam was more profitable because of the increase in gas prices; however, since the cost of gas has decreased, more revenue is generated in electrical sales. Staff is in the process of re- negotiating the contract with Arcadian to see if these figures can be changed. The contract will expire July 1, 1996. Commissioner Barone inquired as to the number of employees at the WASTEC Facility? Director Church responded there were 65 total employees. Commissioner Barone inquired as to whether rebar was still being placed in the WASTEC Facility? Director Church responded that a majority of mix loads were received from roll-off NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 197 containers; however, the haulers had been most cooperative in carrying mixed loads with more than 15% of rebar to the Landfill. In summary, Director Church pointed out that if the tip fee had remained at $60 per ton, revenue would have been generated in the amount of $3,865,964, which would have covered the debt service of $3,840,000 without any subsidy from the general fund. The total revenues and expenditures projected came within .06 percent of the budget. If the current trend continues, it is anticipated that the WASTEC Facility will have a fund balance of $769,000 at the end of the fiscal year. Status Report on the WASTEC Facility Plant Manager, John Hubbard, reported currently, the WASTEC Facility generates revenue at $42 per ton with expenditures of $35 per ton for a profit of $ 6.62 per ton with a waste volume of 130,000 tons. All steam and electrical sales have increased in production with an increase of 10% in steam sales to Arcadian and 80% in electricity sales to Carolina Power & Light Company. This increase has been due to the volume of trash being received and a 22% increase in the "on-stream" time of the boilers, which is now at 86.6% compared to 64% last year. With the 86.6% on-stream time, less gas and chemicals have been used which has saved the County approximately $39,000. A chart was presented on the monthly average of steam sales and electrical sales. Steam is sold to Arcadian as requested with the remaining steam used to make electricity to operate the turbine boilers. The primary goal has been to generate enough electricity to operate the boilers and avoid having to purchase electricity. During the past year, WASTEC has been able produce enough electricity with the exception of purchasing only 4 mega-watt hours for industrial activity. Electrical sales should improve with the plant on-stream time increased to 90% during the next year. A chart was presented reflecting the 85% increase of waste being landfilled. Staff feels this increase is contributed to the volume of construction activities. During the summer months, the wastestream greatly increases with a decline in the winter months; however, the wastestream did not falloff as expected. A majority of the wastestream is handled by the WASTEC Facility, with the remaining portions being handled by the Landfill, and only 5,400 tons recycled, which includes recycling performed by the County and four municipalities. When reviewing ways to reduce the wastestream, it is felt that more emphasis should be placed on the recycling programs. Chairman Greer asked if figures were available on the cubic yards of space needed for the weight volume at the Landfill? Director Church responded there is a landfill industry average of 2,000 pounds per cubic yard, and reported the cubic yardage at the County Landfill exceeds the industrial average. The volume of each cell is known by the record kept on the number of tons that go into the cell, which in turn, provides a figure of the density per volume calculation. Ash is more dense than the municipal solid waste at 1,500 pounds per cubic yard compared to 550 per cubic yards for waste received from the back of a truck. Ash is used at the Landfill for daily coverage, which has proven to be a beneficial use of the product. Commissioner Barone inquired as to whether there was a calculation on the cubic yardage of previously closed landfill cells? Director Church responded those figures had been calculated and stated he would provide a report. Discussion was held on the WASTEC Facility reaching its capaci ty. Commissioner Caster reported if the current trend continues the full capacity of the WASTEC Facility will be reached and more solid waste will have to be carried to the landfill. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 198 Director Church agreed and stated if more emphasis was placed on the recycling program, the amount of the materials going into the Landfill would be reduced. Chairman Greer, on behalf of the Board, congratulated Director Church and his staff for the excellent job performed in improving the operation of the WASTEC Facility. CONSIDERATION OF ESTABLISHING A 24-HOUR CRISIS CENTER Deputy County Manager, Andrew J. Atkinson, reported on the need to establish a 24-Hour Crisis Center to eliminate the amount of time spent by law enforcement officers in the Emergency Room of New Hanover Regional Medical Center. He announced that Mr. Frank Hickman, a member of the Southeastern Center Board of Directors, and Dr. Art Costantini, Director of the Southeastern Center, would present the proposal. Mr. Frank Hickman reported in 1992, the Southeastern Center undertook a study of substance abuse in the three-county area with Brunswick, Pender, and New Hanover counties contributing $5,000 each to hire a consultant to perform the study. One of the proposals from the study was to consider establishing a sobering-up station for the tri-county area. In 1994 a proposal was presented; however, due to financial problems at the Southeastern Center, the proposal was not pursued. He reported representatives from New Hanover Regional Medical Center, law enforcement officials, and the Southeastern Center Board of Directors, had continued to meet, and felt it was time to present a proposal for establishing a 24-Hour Crisis Center to provide emergency services to substance abuse patients and allow the Emergency Room to more efficiently provide emergency medical services to persons in life threatening situations. Dr. Costantini presented the following options: Space: Limited space is available at the Tri-County Detox building at the Southeastern Center. This space will serve about six individuals at any given time; however, the space will require some renovation and construction of six cubicles to separate the patients. Security: There is a need for a full-time Security Officer whenever the facility 1S opened to protect Staff and the patients in the Crisis Center. It has been suggested that a law enforcement official should be hired. Staff: The Crisis Center would requ1re a m1n1mum staff composed of the following positions: 1 Security Officer at all times. 1 Psychiatrist (on-call) at all times. 1 Psychiatric Nurse available at all times. 1 Substance Abuse Counselor available at all times. 1 Administrator/Clerk OPTION I: Weekend Operation Costs: Friday at 4:00 P.M. through Monday at 12:00 Noon. a. b. c. d. e. f. g. h. $ 4,500 1,000 3,000 5,000 62,738 50,000 73,774 60,660 5,000 $265,672 County Cost to renovate existing space. Medications, equipment, etc. Furniture Supplies (food, beverage, etc.) 2 Security Officers - Annual Salary $31,369 Psychiatrist on-call 2 Psychiatric Nurses - Salary $36,887 2 Substance Abuse Counselor - Salary $30,330 Administrator/Clerk - Salary $30,000 TOTAL 1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 199 OPTION II: Twenty-Four Hour Operation Costs: day, 365 days per year. Open 24 hours per a. b. c. d. e. f. g. h. $ 4,500 2,000 3,000 10,000 141,160 100,000 165,992 136,485 30,000 $593,137 County cost to renovate existing space. Medications, equipment, etc. Furniture Supplies (food, beverage, etc.) 4 Security Officers - Salary $31,369 Psychiatrist on-call 4 Psychiatric Nurses - Salary $36,887 4 Substance Abuse Counselors - Salary $30,330 1 Administrator/Clerk TOTAL 1. Dr. Costantini advised that the Crisis Center could be opened for weekend operation by March 1, 1996, through July 1, 1996, with a majority of the costs paid from the Southeastern Center's current budget. The County would be requested to contribute $6,500 for renovation and construction costs, and $21,000 for hiring two deputies. The opening of a Crisis Center would provide immediate service to substance abuse or mentally ill patients and reduce the congestion in the Emergency Room of New Hanover Regional Medical Center. In closing, Dr. Costantini advised that a 24-Hour Crisis Center would cost the County money because the services rendered would not be eligible to receive reimbursement from State Mental Health funds. He reported the Crisis Center would not be a revenue generating facility, but the services were desperately needed in this area. Dr. Robert Pharr, Director of Emergency Medicine in the Trauma Unit at New Hanover Regional Medical Center, reported the cost of the present program in the Emergency Room was expensive and did not provide a meaningful intervention at the time of a crisis for substance abuse or mentally ill patients. A Crisis Center would provide immediate psychiatric care to these patients. with an Emergency Room that receives 51,000 patients a year, 8,700 ambulance visits, and 1,200 vital link transfers for extremely ill patients, there is a critical need to have another facility to handle substance abuse and mentally ill patients so medical treatment can be given to persons in life threatening situations. He urged the Board to consider opening a 24-Hour Crisis Center. Discussion was held on a Crisis Center being provided by New Hanover Regional Medical Center. Chairman Greer noted that at one time the hospital was interested in establishing this type of facility in conjunction with The Oaks. Mr. Kevin McDonnell, Vice-Chairman of Operations at New Hanover Regional Medical Center, reported the hospital could act as the primary care taker; however, after discussion with Dr. Costantini, it is felt the services could be more appropriately provided in a Crisis Center under the supervision of the Southeastern Center because of the lack of space at The Oaks. Discussion was held on how the Southeastern Center would be capable of providing laundry services, meals, and other patient needs in a 24-Hour Crisis Center. Dr. Costantini advised that most patients would be seen within an hour or two and referred to the proper facility. No patients would be in the Center for more than six hours, which would only require snacks and drinks for the patients. Chairman Greer stated, in his opinion, the question to be answered is whether the New Hanover Regional Medical Center or the Southeastern Center should provide this type of facility. Commissioner Sisson reported if the Southeastern Center operates a Crisis Center, there should be a cost-sharing plan among NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 200 the jurisdictions that will benefit from the use of the facility. He recommended requesting Brunswick County, Pender County, and the municipalities in New Hanover and surrounding counties to contribute to funding facility operations. Dr. Costantini reported that discussion had been held with Brunswick County and Pender County with an agreement to allow the Southeastern Center to request funding in their budgets for operation of a Crisis Center. The Commissioners were requested to provide direction to the Southeastern Center as to whether a budget request should be prepared for New Hanover County. Chairman Greer reported the idea was excellent; however, he needed time to study the figures and determine which facility should provide the service. Commissioner Barone agreed with Chairman Greer. She suggested allowing Dr. Costantini to submit the request in the proposed FY 1996-97 Budget in order for the department to move forward with preparing its budget. vice-Chairman Mathews stated if a law enforcement officer spends an average of six hours waiting for a substance abuse patient to be examined in the Emergency Room, this would equate to over 2,400 hours of time spent by these officers. He urged the Board to support opening a 24-Hour Crisis Center. Chairman Greer responded he was not sure he would be in favor of a 24-Hour facility; however, he did feel the problem should be addressed. He, again, reiterated the importance of having time to review the proposal before taking action. Commissioner Barone reported more time was needed and stated she would like figures on the cost of operation under a facility operated by the hospital versus the Southeastern Center before rendering a decision. Consensus: After further discussion, it was the consensus of the Board to defer action on the request to allow more time to review the options; authorize the Southeastern Center to include the funding request in the proposed FY 1996-97 Budget; and authorize Staff to prepare a cost-sharing plan among the counties and municipalities that will be using the facility as well as prepare figures on the cost of operation under New Hanover Regional Medical Center versus the Southeastern Center. BREAK Chairman Greer recessed the meeting for lunch from 12:30 P.M. until 1:00 P.M. CONSIDERATION OF DRAFT ORDINANCE TO PROHIBIT THE COMMERCIAL DISPOSAL OF OLD CORRUGATED CARDBOARD TO BE CODIFIED INTO THE NEW HANOVER COUNTY CODE AS CHAPTER 8.5, ARTICLE VII Director of Environmental Management, Ray Church, reported in an effort to control the increasing amount of waste generated in New Hanover County, the Department of Environmental Management has identified the various components of the wastestream and found that old corrugated cardboard represents approximately 15% of the total wastestream. Markets are readily available to recycle corrugated cardboard; however, they are volatile ranging in 1995 from paying over $200 per ton in the spring to only $20 per ton in the fall. Currently, some of the private haulers provide separate old corrugated cardboard collection to commercial accounts. Five public or private organizations have been identified to accept old corrugated cardboard for recycling. Director Church presented a draft ordinance banning cardboard and advised that some waste haulers were present and would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 201 Chairman Greer advised that Staff was requested to prepare the ordinance as directed by the Board; however, after realizing that cardboard represents only 15% of the wastestream and that a sizable amount of revenue would be lost at the WASTEC Facility, he was not sure the County should move in this direction. He asked if the County should consider removing construction debris from the wastestream instead of cardboard? Director Church listed the following concerns relative to a cardboard ban: (1) Mul ti- family dwellings are considered commercial accounts, when in actuality these dwellings are residential units. Also, there are small commercial offices that are handled as residential accounts by the City of Wilmington because there is no space to use a front-end box for collections. A ban on cardboard would create a problem for both of these customers. (2) Who will determine when cardboard becomes contaminated? (4) A cardboard ban will negatively affect municipalities. For example, Wrightsville Beach provides service to commercial accounts using the same trucks, which mixes commercial and residential accounts. This will create a problem with enforcement. (5) Who will enforce the ordinance banning cardboard? (6) There are limited recycling facilities in New Hanover County to receive cardboard. (7) The loss of revenue from tip fees for 15% of the wastestream will be $900,000, not including the loss of revenue from the burning of cardboard in the incinerator. The total loss of revenue will be approximately $1,300,000. (8) Concern by the haulers for having to pay a double tip fee when a load exceeds 5% because the problem was created by the generator, not the hauler. Director Church reported a buy-back facility would be more beneficial in reducing the wastestream than a ban on cardboard. Chairman Greer present would like received: inquired as to comment, to whether any of the haulers and the following remarks were Mr. Randy Ganey, representing Waste Industries, advised the company would support a cardboard ban; however, the haulers do not want to be responsible for enforcing the ordinance. Also, with the projected loss of revenue in the amount of $1,300,000, the County should take time to thoroughly study the issue before adopting the proposed ordinance. Mr. Chris McKeithan, Waste Management, Inc., commented on the WASTEC Facility being at its maximum capacity of 140,000 tons and reported the volume of waste needs to be reduced. Adoption of a cardboard ban along with a demolition/construction debris facility would be a starting point. A buy-back center would mix the cardboard with the wastestream, and funds would be needed to pay for the facility and hire employees to sort the materials. A huge volume of soda bottles and milk jugs would have to be recycled to pay for the cost of operating a buy-back facility in order to reduce the wastestream by 15%. He advised that Waste Management would support a demolition/construction debris facility and a ban on cardboard with the generator being penalized for contaminated cardboard, not the hauler. Waste Management would be glad to work with the County in trying to identify where contaminated cardboard was being generated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 202 Commissioner Barone asked if the County had a construction debris ordinance? Director Church responded a construction/demolition ordinance and cardboard ban ordinance were discussed two years ago. Both ordinances were tabled because the construction/demolition facility had to be built in order to have a place for the haulers to deliver the cardboard. Also Waste Management began carrying trash out of the County which created a tremendous loss of revenue for the WASTEC Facility, and it was felt that an additional loss of revenue from a cardboard ban was not appropriate at that time. Chairman Greer asked if the County should remove construction debris from the incinerator? Director Church explained that only a small construction debris was going into the incinerator. exceeds more than 15% of non-burnable materials, carried to the landfill. amount of If a load the load 1S Chairman Greer stated, in his opinion, bricks and steel should be removed from the wastestream instead of cardboard. Commissioner Barone asked if any private companies located 1n New Hanover County were recycling demolition debris? Director Church advised that Wilmington Materials, a small local company, was the only firm in the County that was recycling concrete, brick and asphalt. Commissioner Sisson asked what would be the most effective way to start reducing the wastestream? Director Church, stated in his op1n1on, a Materials Recovery Facility (MRF) and buy-back facility would be the best way to reduce the wastestream instead of banning cardboard. As to volume, cardboard is the best place to start because there is very little construction debris going into the Landfill. Mr. Ganey commented on the damage to trucks from construction debris and advised that contractors have been requested not to place brick and concrete in a load; however, it was impossible to know if these items have been placed in the bottom of the container. Director Church commented on the use of smaller boxes in New Hanover County and asked if Waste Management and Waste Industries were using these boxes because of competition? Mr. McKeithan responded that competition was involved with the use of smaller boxes because four other companies had moved into the County with placement of small individual bins at the construction sites. Chairman Greer asked if the figure of 5% per container was amended to 15% or 25% in the ordinance, would this allow the cardboard ban ordinance to be implemented without having to hire an enforcement officer? Mr. McKeithan responded adjusting the figure would be acceptable because the haulers could assist with enforcement of the increased percentage, and the generator could be charged with some type of littering fee. Mr. Ganey informed the Board that 25% was much more reasonable and stated in his opinion a major portion of the cardboard would be removed from the wastestream. Director Church noted that Alamance County had adopted an ordinance beginning with 15% and gradually reduced the percentage NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 203 as persons became familiar with the ordinance. Commissioner Caster percentage to 25%, which wastestream. expressed concern for increasing in his opinion, would not reduce the the vice-Chairman Mathews inquired as to the cost involved with hiring an enforcement officer? Director Church responded approximately $25,000 per year. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Old Corrugated Cardboard ordinance as written. Chairman Greer expressed concern for the loss of revenue with a cardboard ban, which represents two cents on the property tax, and stated he could not support the motion. Upon vote, the MOTION FAILED by the following vote: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Motion: After further discussion, Commissioner Sisson MOVED, to request Staff to prepare and present a recommendation to the Board for building a Construction/Demolition Facility (C&D) with the following information being furnished: (1) facts and figures on the cost of operating a C&D Facility by New Hanover County; and (2) facts and figures on the cost of New Hanover County operating a portion of a C&D Facility with another company operating another component of the facility. The floor was opened to discussion. Chairman Greer reported he would second the motion if there was no intent to include a Materials Resource Facility in the recommendation. Commissioner Sisson noted that the intent of the motion was for building only a Construction and Demolition Facility. Chairman Greer SECONDED THE MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer expressed appreciation to Staff and the haulers for their comments. ADOPTION OF RESOLUTION AWARDING CONTRACT #96-0229 TO IEA, INC. TO PERFORM GROUNDWATER MONITORING AT THE NEW HANOVER COUNTY LANDFILL Environmental Management Director, Ray Church, reported that North Carolina Solid Waste Rules require semi-annual monitoring of groundwater monitoring wells at each landfill to detect groundwater contamination. The Department has requested and received bids from firms providing this service. Seven firms submitted bid packages and the bid opening was held on January 4, 1996. After review of the bids, Staff recommends award of the bid to IEA, Inc., the lowest responsible bidder, in the amount of $12,070 per year for a three-year period at a total cost of $36,210. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to award the bid to IEA, Inc. in the amount of $12,070 per year for a total of $36,210 over a three-year period for groundwater monitoring at the New Hanover County Landfill. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 204 FIRST READING OF THE NEW HANOVER COUNTY HAZARDOUS MATERIALS INFORMATION STORAGE BOX ORDINANCE TO BE CODIFIED IN THE NEW HANOVER COUNTY CODE AS ARTICLE IV OF CHAPTER 8, FIRE PROTECTION AND PREVENTION Director of Emergency Services, Dan E. Summers, presented a revised ordinance and requested the Board to adopt a Hazardous Materials Information Storage Box Ordinance to become effective upon ratification by the North Carolina Building Code Council. He reported all commercial enterprises or industries in New Hanover County which use, store, or manufacture on-site hazardous materials are required under the State Right-to-Know Law and Title III Federal Superfund Amendment & Re-authorization Act to have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. Title III has provided the community and responders with valuable information, but this information is only updated once a year. The Data Storage Lockboxes would be accessible to fire department personnel and emergency responders 24 hours a day to supply them with up-to-date, on-si te emergency information. The public safety groups and industry have endorsed the ordinance. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the New Hanover County Hazardous Materials Information Storage Box Ordinance as revised in order to comply to the State and Federal law. The floor was opened to discussion. Chairman Greer expressed concern for emergency personnel not being aware in advance of all hazardous materials located on a site, and asked how a fireman could open a box and read the data while in the process of fighting a fire? Director Summers reported the boxes would be used only by 12 to 15 large industrial facilities in the County. With the turnover in the materials and products handled by these companies, the Data Storage Lockboxes would be quite beneficial to firefighters if the hazardous materials had changed since the last federal inspection. Mr. Mike Rhodes, Chief of the Wrightsboro Volunteer Fire Department, spoke in favor of the ordinance because firemen can be better informed about the hazardous materials located on a site. Also, when a false alarm goes off, a firemen can wait hours for an employee of the company to come and unlock the box. If the keys are kept on site, the fireman could enter the building immediately and determine if there is danger of a hazardous materials incident. Discussion was held on enforcement of the ordinance. Director Summers advised that the ordinance would be enforced through a paper trail in the Emergency Management Office and Fire Marshal's Office through the annual report. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer Due to the ordinance not receiving a unan1mous vote on the first reading, a second reading will be required on February 5, 1996. PRESENTATION OF REQUEST FOR PROPOSALS TO PERFORM A STUDY OF ONE DRAINAGE BASIN TO DEVELOP A SPECIFIC PLAN Assistant County Manager, Dave Weaver, reported Request for Proposals had been prepared for the performance of a study of one drainage basin to develop a specific drainage plan that will meet the following objectives and serve as a foundation for other basin plans: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 205 The following items are to be considered 1n the formulation of the plan: (1) Drain water away from new development. (2) Prevent flooding of existing downstream development. (3) Minimize stormwater runoff pollution impact. The plan should include the following components: (1) Analysis of existing run-off/drainage characteristics including land use, soils, and drainage network. (2) Analysis of conditions. potential impact under "built-out" (3) Development of conceptual plans for proposed County drainage facilities. (4) Development of drainage standards for new development. (5) Analysis of options for financing the model basin plan. Assistant County Manager Weaver reported the cost of the study could range from $50,000 to $100,000 and advised that no funds were budgeted for the study. Chairman Greer recommended adopting the proposal to include 1, 2, 3, as listed under formulation of the plan without the five components. He commented on the need for the study to address what should be done, not the components as listed in 1-5 which, in his opinion, will require development of a comprehensive drainage plan for the entire County. A lengthy discussion was held on how the plan should be developed. Assistant County Manager Weaver suggested eliminating the first two components with the inclusion of 3, 4, and 5, because any type of study would require some type of drainage facilities, drainage standards for new development, and appropriate financing for the plan. He advised the Board that the proposal had been prepared to address only one area, Pages Creek, with the finished plan to be used as a model for studying other basins in the County. County Manager O'Neal expressed concern for preparing a Request for Proposals without some specific structure to provide guidelines as to how the study should be performed. After further discussion, Chairman Greer recommended performance of a study to analyze the current drainage problems in one area with recommended solutions to those problems. He also suggested involving the Northeast New Hanover Conservancy in the process. Consensus: It was the consensus of the Board for Staff to prepare a Requests for Proposals under the following guidelines: (1) performance of a study to analyze one area for current drainage problems with recommended solutions to those problems; and (2) clearly explain in the proposal that the study is not being performed for the development of a comprehensive drainage plan for New Hanover County. County Manager O'Neal responded Staff would make the necessary changes with a copy of the revised Request for Proposals being forwarded to the Board for comments before the proposal was mailed to interested firms. Chairman Greer commented on the cost of the study and informed Staff that he was not anticipating any large sum of money. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 206 TAX APPEAL BY THE WILMINGTON/NEW HANOVER COUNTY COMMUNITY DEVELOPMENT CORPORATION (CDC) SEEKING EXEMPTION OF PROPERTY USED AS A "SMALL BUSINESS INCUBATOR" Tax Administrator, Roland Register, reported this tax appeal was heard by the Board on December 18, 1995, with a tie vote and postponed until January 2, 1996, when all five County Commissioners would be present. Later, the Wilmington/New Hanover County Community Development Corporation (CDC) requested postponing the hearing until January 16, 1996. Tax Administrator Register noted that CDC reported on December 18, 1995, that other small business incubators throughout the State were not experiencing any problems with tax exemptions. He reported after receiving a list of the small business incubators from CDC, he contacted ten incubators at random with eight of the ten counties not granting a tax exempt status. The two remaining incubators exempted were in Harnett County and Person County. In Harnett County, the CDC is located in an old school building with the property owned by the county; therefore, Harnett County cannot tax itself. In Person County, the CDC is located and operated in the piedmont Community College building, which was exempted by the Tax Assessor; however, there is some question as to whether this exemption should have been granted based upon whether or not piedmont College should have become involved in this type of activity. Tax Administrator Register advised that the Board of County Commissioners would have to decide if CDC qualifies as a charitable organization that would receive the tax exempt status. If so, do the parcels rented to "for profit" businesses warrant the tax exemption. CDC is presently renting out two condos, and it was a mistake on his part to assume they were operating all three condos for the actual operation of their non-profit business. As of January 1, 1995, the other nine condos behind the existing building, were not used. Based on prior court cases, the actual use determines the tax exemption. Ms. Jackie Peoples, Executive Director of the Wilmington-New Hanover County Community Development Corporation, reported that CDC was in existence to fulfill a charitable purpose; therefore, the organization should be tax exempt under Section 105-278.7 of the North Carolina General Statutes. The real property associated with the incubator is used by small fledgling businesses to create new business ownerships and provide job opportunities. Many of the incubators throughout the State are exempt from property taxes because the incubators are located on County, City or university owned properties. This is not the case with CDC. Currently, CDC is struggling to reach a break-even point so the organization will not be dependent upon federal or state funds. Paying $6,000 annually in property taxes will seriously impact the ability of CDC to reach a break-even point or even exist. Staffing and the ability to provide technical assistance to the new businesses in the program would be greatly impacted if annual property taxes have to be paid. On behalf of the CDC Board of Directors, the Commissioners were requested to look at the intent of Section 105- 278.7 when rendering a decision on the tax exempt status. Discussion was held on the number of units being operated by CDC. Tax Administrator Register reported as of January 1, 1995, CDC owned three condos in the first phase of the Hilton Industrial Park. The middle unit was used for the CDC office operation, and the remaining two units have been rented to "for-profit" businesses. Chairman Greer commented on $6,000 being due in property taxes and requested an explanation of the properties being taxed. Tax Administrator Register noted that the $6,000 figure was for .72 of an acre behind the first unit and nine office/ shop condos that were completed during 1995. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 207 Discussion was held on the unused property as of January 1, 1995, with the recommendation by the Tax Administrator to deny exemption on these properties. Also, the Tax Administrator reported in August that the remaining three condos should be exempted; however, this was an error, and only one condo should have been exempted because the other two condos were being used by "for-profit" businesses. In December, the Tax Administrator recommended rescinding the exemption for the two condos. Chairman Greer reported the question to be answered is whether or not the Board should exempt properties owned by CDC because this is a non-profit organization. The Tax Administrator feels the only property that should be tax exempt is the condo that is being used as an office for CDC, not the condos that are being rented to "for- profit" businesses. Commissioner Caster expressed concern for the Internal Revenue Service granting a tax exempt status under a charitable organization and reported he felt the tax exempt status should be granted because the organization does provide services to small businesses trying to get started. Motion: After a lengthy discussion on the intent of the tax law in North Carolina, Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to deny exemption for Tract 2 (R04805-021-001-000) and rescind the exemptions for Parcels R04805-021-001-005 and R04805- 021-001-007 because this property was being used by "for-profit" businesses. Substitute Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to declare the Wilmington-New Hanover County Community Development Corporation as a charitable organization and exempt Units 1, 2, 3, from 1995 taxes with all units being exempt for 1996. Upon vote, the SUBSTITUTE MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Voting Nay: Vice-Chairman Mathews Chairman Greer APPEAL TO A DECISION RENDERED BY THE TECHNICAL REVIEW COMMITTEE REGARDING THE NAMING OF A NEW SUBDIVISION Sheriff Joe McQueen expressed concern for duplicate subdivision names and requested the Board of County Commissioners to overturn a decision by the Technical Review Committee to assign the name of "Greenville" Manor to a new subdivision. He commented on the problems that are being experienced with the delivery of emergency services when duplicate names are used. Ms. Brenda Hewlett, the 911 Coordinator, reported a Subdivision Text Amendment was prepared in October, 1995, with no action taken. However, the 911 Center is experiencing problems with emergency responses, and the reason for the appeal is because there is a Greenville Heights Subdivision, Greenville Avenue, Greenville Loop Road, Greenville Sound Road, and Greenville Village Mobile Home Park. When attending the Technical Review Committee meeting, there was another subdivision being constructed at the south end of Towles to be named Greenville Sound pointe. On behalf of the 911 Center, this issue needs to be addressed in order to avoid the County from being held liable for not delivering emergency services in a timely manner. Last year, the 991 Center received 131,000 calls with 188,000 in-house calls. When in-house calls are received and the operator receives only the first part of a subdivision or street name, there is no way to locate the residence unless going through the telephone company, which is too late for a heart-attack victim. With the rapid rate of growth, the Technical Review Committee should be cognizant of the names that have already been provided to other streets and subdivisions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 208 Mr. Harry Stovall noted that Greenville Manor was not a duplicate name and stated most people use street names, not subdivision names when locating a site. He informed the Board that Greenville Manor had been used because of historical reasons, and he requested the Board to deny the appeal because the guidelines in the Subdivision Ordinance had been followed. A lengthy discussion was held on whether or not the Subdivision Ordinance had been amended. Planning Director Hayes reported the proposed Subdivision Text Amendment was presented to the Planning Board at the last meeting. The Board of County Commissioners will hold a Public Hearing on February 5, 1996, to consider the Text Amendment. As to the current Subdivision Ordinance, there are two regulations, one dealing with subdivision names, and the other with street names. Both regulations basically state that new subdivisions or streets should not duplicate any existing name. Chairman Greer stated, in his opinion, Mr. Stovall followed the procedure as outlined in the current Subdivision Ordinance; therefore, the name, Greenville Manor, should remain unchanged. Motion: After discussion of the proper procedure being followed by Mr. Stovall, Commissioner Caster MOVED, SECONDED by Commissioner Barone to reject the appeal with the proviso that no streets within the subdivision contain the name "Greenville". Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews Discussion was held on the difficulty in finding new names for streets and subdivisions. The Planning Director, 911 Coordinator, and County Attorney were requested to prepare other options to be presented in the agenda packet when considering the proposed Text Amendmen t . ADOPTION OF ORDERS TO COMPLY TO FCC REGULATIONS FOR CABLE TELEVISION Attorney Copley requested the Board to adopt the following documents: 1. Approve an Order approving the FCC-1205 Equipment and Installation Cost Adjustments to provide for clarification of the Wire Maintenance Agreement Charge. 2. Approve an Order for Adjusting the Basic Service Rates based on External Costs FCC-1210. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the orders as written and recommended by the County Attorney. The Chairman was authorized to execute the documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AN ORDER REGARDING TIME WARNER CABLE SERVICE (PREVIOUSLY VISION CABLE) IN NEW HANOVER COUNTY County Attorney Copley requested the Board to approve the following order regarding Time Warner Cable service in New Hanover County: 1. Approve an Order approving the FCC-1205 Equipment and Installation Cost Adjustments. 2. Approve an Order directing the Cable Operator to recalculate inflation adjustment in FCC-1210, and Accounting Order within 30 days of the execution of this order. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 209 3. Approve the Tolling and Accounting Order. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the orders as written and presented by the County Attorney. The Chairman was authorized to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS OF COMMISSIONERS TO SERVE ON VARIOUS BOARDS AND COMMITTEES Commissioner Barone reported she had never received a meeting notice from the Council of Governments' Water Quality Task Force, and she requested deferral of this appointment until information could be obtained to see if the committee was still active. Consensus: It was appointment of a Governments' Water could check to see the consensus of the Board to defer the Commissioner to serve on the Council of Quality Task Force until the Clerk to the Board if the committee was still active. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to allow each Commissioner to remain on the same committees and boards for the upcoming year since many of the Commissioners will be running for re-election during the next year. The floor was opened to discussion. Commissioner Barone recommended appointing another Commissioner to serve on the Board of Fire Commissioners. She reported on the numerous calls received from Volunteer Firemen and persons dissatisfied with Commissioner Sisson serving as the Board's representative on the Fire Commission. Commissioner Sisson strongly obj ected to not being reappointed to serve on the Board of Fire Commissioners and reported that Commissioner Barone had misrepresented herself when attending recent Fire Commission meetings. He agreed with Commissioner Caster and stated the committee appointments should remain unchanged for the next year. Commissioner Barone reported Commissioner Sisson was wrong and stated, in her opinion, the Board's representative to the Board of Fire Commissioners should be changed. She volunteered to swap the position on the Transportation Advisory Committee with Commissioner Sisson for the position on the Board of Fire Commissioners. Commissioner Sisson refused to consider the request. Chairman Greer called for a vote on the MOTION TO APPOINT THE COMMISSIONERS TO SERVE ON THE SAME COMMITTEES AND BOARDS FOR THE UPCOMING YEAR as listed below. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone List of Committees and Boards Bellamy Mansion Board of Directors Cape Fear River Program Advisory Board Chamber of Commerce Convention & Visitors Bureau Cape Fear Council of Governments: COG/Executive Committee COG/Region "0" EMS COG/Solid Waste Task Force Criminal Justice Partnership Advisory Bd. Vice-Chairman Mathews Commissioner Caster Chairman Greer Commissioner Barone Vice-Chairman Mathews Vice-Chairman Mathews Commissioner Caster Commissioner Barone NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 DARE Board of Directors DSS Building Committee Board of Fire Commissioners Groundwater Task Force Board of Health NHRMC Board of Trustees Human Services Transportation Advisory Bd. Human Relations Commission Lower Cape Fear Water & Sewer Authority Keep America Beautiful Military Affairs Committee Parks & Recreation Advisory Board Port, Waterway & Beach Commission Soil Conservation RC&D Southeastern Center (Mental Health) Transportation Advisory Committee WASTEC Commission Wilmington Housing & Finance Development Wilmington Industrial Commission BOOK 25 PAGE 210 Commissioner Barone Vice-Chairman Mathews Commissioner Sisson Commissioner Barone Commissioner Sisson Chairman Greer Commissioner Caster Commissioner Sisson Commissioner Sisson Commissioner Barone Chairman Greer Vice-Chairman Mathews Chairman Greer Commissioner Caster Vice-Chairman Mathews Commissioner Sisson Commissioner Barone Commissioner Caster Chairman Greer Vice-Chairman Mathews Commissioner Caster commented on the tough issues County and stated the members of the Board must learn and work with each other in order for the Board appropriate decisions on these important issues. facing the to respect to render 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 3: 18 P.M. until 3:23 P.M. to hold a meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Approval of a Request from Robert R. Johnson to Grant a 90-Day Extension to An Appeal for Rezoning Application Z-557 Chairman Greer informed the Board that Robert R. Johnson had submitted a request for a 90-day extension to a zoning appeal regarding the southwest corner of Oleander Drive and Greenville Loop Road. He requested direction from the Board. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to grant the 90-day extension for Mr. Johnson as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appreciation Expressed for Reception of Proposed Crisis Center Commissioner Sisson expressed appreciation to the Board for the manner in which the Crisis Center proposal was received. He stressed the importance of establishing some type of facility to provide emergency services to substance abuse and/or mentally ill patients other than in the New Hanover Regional Medical Center Emergency Room. Announcement of Taxation and Finance Steering Committee Meeting Commissioner Barone announced she would be attending a Taxation and Finance Steering Committee meeting of the N. C. Association of County Commissioners on January 23, 1996, in Raleigh, N. C. She reported this would be a joint meeting with other Steering Committees to develop Legislative Goals for the Short Session of the General Assembly. Chairman Greer and Commissioner Caster reported they would also be attending the joint meeting of Steering Committees. Chairman Greer referenced the Open Meetings Law and requested the County Attorney to comment on the issue since three Commissioners would be attending the joint meeting. County Attorney Copley explained that the Open Meetings Law applied to transacting and deliberating the public business for New Hanover County. Since this is a j oint meeting of a state-wide organization with each Commissioner serving on a separate Steering NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 211 Committee, she does not feel the Open Meetings Law would be violated. Reminder of Budget Retreat Clerk to the Board, Lucie F. Harrell, reminded the Board of the Budget Retreat scheduled for Thursday, January 18, 1996, at the Blockade Runner from 8:30 A.M. until 5:00 P.M. Report on a Meeting of the Wilmington/New Hanover Port, Waterway & Beach Commission Commissioner Caster announced the new Chairman of the Wilmington/New Hanover Port, Waterway, and Beach Commission, was Richard Catlin who would be replacing Mr. John Metts, the current Chairman. Also, Colonel Paul S. Denison was leaving the Commission. He requested the Board to authorize the Chairman to wri te letters of appreciation to Mr. Metts (who will still be serving on the Commission) and Colonel Denison for their years of dedicated service. Commissioner Caster commented on poor attendance by some members of the Port, Waterway, and Beach Commission and advised that an effort would be made to recruit persons who are interested in serving and taking an active role on the Commission. Emphasis was placed on the importance of representation from the beach communities since the Commission prepares recommendations for the distribution of the Room Occupancy tax which is used for beach renourishment projects. Consensus: It was the consensus of the Board to authorize the Clerk to the Board to prepare a letter of appreciation for the Chairman's signature. Report on Health Care Seminar Held by Congressman Eva Clayton Commissioner Caster reported he and the Chairman attended the Heal th Care Reform Seminar held by Congressman Eva Clayton. It appears that health care reform will affect Medicare, Medicaid, and all hospital institutions. He emphasized the importance of Staff keeping a close watch on health care reform so the County can be prepared to address these changes. Discussion of Wilmington City Council Retreat Commissioner Caster commented on the retreat held by the City of Wilmington and the willingness of the City Council to work with the County in combining some of the departments to provide more cost-effective services. County Manager O'Neal advised that he had held discussion with the City Manager about the possibility of combining some City and County Departments. He informed the Board that he would be meeting with the City Manager tomorrow to discuss the action that had been taken by the City Council at its recent retreat. Once the information is received, a report will be prepared and presented to the Board before the retreat to be held on January 18, 1996. Discussion of Federal Funding Cutbacks Chairman Greer commented on hearing that federal funding had already been cut back to some agencies, such as the Meals on Wheels Program, and he requested the County Manager to verify if this statement was true. County Manager O'Neal responded he would be glad to check into this matter and report back to the Board. Discussion of Problems Being Experienced with the Volunteer Fire Departments and the Board of Fire Commissioners Chairman Greer commented on the problems that are being experienced between the Volunteer Firemen and Board of Fire Commissioners, and he expressed concern for not knowing how to handle this situation. Emphasis was placed on the importance of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 16, 1996 BOOK 25 PAGE 212 addressing this issue. He asked if the Board of Fire Commissioners should be abolished with another entity established to straighten out the areas of conflict? Commissioner Sisson commented on a lack of direction and recommended establishment of policies and goals by the Board of County Commissioners with implementation of these policies and goals by the Board of Fire Commissioners. He reported this type of action would clarify many conflict areas and provide a structure to be followed by the Board of Fire Commissioners and the Volunteer Fire Departments. Presently, many of the problems are being created by people who are afraid of change. In his opinion, to go back to the old Fire Inspection Committee would not resolve the current problems and would defeat the effort to provide accountability for the use of tax funds by the Volunteer Fire Departments. Chairman Greer stated he had mixed feelings as to what should be done in the recent situations that have occurred, such as the Porters Neck Fire Station. After numerous discussions, the County and Ogden Volunteer Fire Department had reached an agreement. Then suddenly, the Ogden Volunteer Fire Department is not satisfied with the agreement and has decided to move forward with constructing the fire station without any funding assistance from the County. He commented on the importance of Volunteer Fire Departments to New Hanover County and stated these areas of conflict must be resolved. Commissioner Sisson reported he could not explain the problem, but he felt some of the Ogden Volunteer Firemen felt they were being threatened by the County. Commissioner Barone informed Commissioner Sisson that the members of the Ogden Volunteer Fire Department did not like him and felt that he was trying to get rid of all Volunteer Firemen. Commissioner Sisson, again, reiterated the importance of providing policy and direction to the Board of Fire Commissioners so many of the current issues can be clarified and resolved. Vice-Chairman Mathews stated he felt the Board of Fire Commissioners had performed a good job. Unfortunately, the Volunteer Firemen have been concerned about change, and personality conflicts have developed. However, in his opinion, Commissioner Sisson has performed an outstanding job while serving on the Board of Fire Commissioners under difficult circumstances. ADJOURNMENT Chairman Greer adjourned the meeting at 4:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board