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1996-02-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 255 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 19, 1996, 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.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. vice-Chairman E. L. Mathews, Jr. was absent. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Terry Carter, Associate Pastor of the United Advent Christian Church, gave the invocation. Commissioner Caster 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 from the public 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 item was presented: Mr. Greg Taylor, a resident of the Wrightsboro area, commented on his involvement during the past year in the opposition of the proposed Southern Outer Loop prepared by the N. C. Department of Transportation. He informed the Board that a Central Alternative plan had been submitted to Greiner Consultants that would be less expensive and require fewer relocations. Currently, the plan is being reviewed by the Secretary of Transportation, Garland Garrett. Mr. Taylor projected that seventeen residential relocations would result from the Central Alternative as opposed to fifty-three relocations with the Southern Alternative. Construction for the Central Alternative would be less expensive, the negative impact to wetlands would be 20% less, and fewer low-income families would be negatively impacted with the proposed route. Mr. Taylor informed the Board that the Environmental Impact Study on the Brunswick County portion of the Southern Alternative would continue until the end of the year; therefore, ample time was available for the Department of Transportation to consider the proposed Central Alternative. Commissioner Barone reported the Transportation Advisory Committee had not received this pertinent information. Mr. Taylor replied the proposal was not public information; however, David Griffin, a representative of Greiner Consultants, had kept him informed about the plan. He urged the Board to support the Central Alternative in lieu of the Southern Alternative and reported he would keep the Board informed about the progress of the plan. APPROVAL OF CONSENT AGENDA Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 256 Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Special Meeting of December 6, 1995, and Regular Meeting of February 5, 1996, as presented by the Clerk to the Board. Adoption of Resolution Releasing State Funds to the Cape Fear Council of Governments The Commissioners adopted a resolution releasing State funds appropriated by the General Assembly in the amount of $13,479.59 to the Cape Fear Council of Governments. The funds will assist the Lead Regional Organizations to assist local governments with grant applications, economic development, community development, and local industrial development activities. 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 11. Renewal of Contract with Cape Fear Resource Conservation and Development, Inc. The Commissioners renewed the contract with Cape Fear Resource Conservation and Development, Inc., a non-profit corporation serving Brunswick, Columbus, New Hanover, and Pender counties to pay 20 hours for a temporary clerical position contingent upon the additional 20 hours being paid by Cape Fear Resource Conservation and Development, Inc. The Chairman was authorized to execute the contract documents. A copy of the contract lS on file in the Legal Department. Adoption of Resolution to Authorize the Finance Director to Serve as the Designated Representative to Dispose of Surplus Equipment and Vehicles Through a County Auction The Commissioners adopted a resolution to authorize the Finance Director to serve as the designated representative to dispose of surplus equipment and vehicles through a County Auction to be held on March 9, 1996. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 11. Release of Value - Tax Department The Commissioners approved value adjustments for the following taxpayers because of conditions that were presented to the Tax Department: Dennis W. Smith Taft, Taft & Haigler $10,650 $10,450 Release of Taxes Barred by NCGS 105-378 - Tax Department The Commissioners released the following collection of taxes in compliance to NCGS 105-378, which does not allow force collection of any taxes after ten (10) years: New Hanover County City of Wilmington Wrightsville Beach Carolina Beach Kure Beach Total $114,547.42 54,344.27 2,872.25 4,360.78 1.450.19 $177,574.91 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 257 Acceptance of Tax Collection Reports Through January 31, 1996 The Commissioners accepted the following Tax Collection Reports through January 31, 1996, as submitted 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 11. Authorization for Advertisement of Tax Liens on Real Property The Commissioners authorized the Collector of Revenue to advertise unpaid real estate taxes for 1995 in accordance with NCGS 105-369. The advertisement will be published on March 16, 1996, and tax liens will be advertised on any unpaid taxes after 5:00 P.M. on Tuesday, March 12, 1996. Adoption of Resolution for the Sale of Jointly Owned City and County Surplus Property Located at 1017 Dawson Street The Commissioners adopted a resolution accepting an offer in the amount of $1,785 from Linwood and Eria Nesbitt to purchase jointly owned City and County property located at 1017 Dawson Street (Tax Parcel R0054-10-022-015.000). The property has an ad valorem tax value of $2,149 as of 1989 and will be duly advertised for upset bid. 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 11. Adoption of Resolution for the Sale of Jointly owned City and County Surplus Property Located at 1407 Church Street The Commissioners adopted a resolution accepting an offer in the amount of $1,745 from Arthur E. Brown and Irene Brown for the purchase of jointly owned City and County property located at 1407 Church Street (Tax Parcel R0054-06-032-004.000). The property has an ad valorem tax value of $2,206 as of 1989 and will be duly advertised for upset bid. 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 11. Adoption of Resolution for the Sale of Jointly owned City and County Surplus Property Located at 110 Sunnyvale Drive The Commissioners adopted a resolution accepting an offer in the amount of $1,480 from Derwin Hinson and Marlene Hinson for the purchase of jointly owned City and County property located at 110 Sunnyvale Drive (Tax Parcel R0054-14-001-001.000). The property has an ad valorem tax value of $1,500 as of 1989 and will be duly advertised for upset bid. 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 11. Approval of Budget Amendment #96-0122 - Family Planning - Health Department The Commissioners approved the following Budget Amendment: 96-0122 Health/Family Planning Debit Credit Health/Family Planninq Family Planning Fees State Grant $ 3,370 10,560 Departmental Supplies $13,930 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 258 Purpose: To budget revenue from increased Family Planning health fees and State grant to cover the cost of additional contraceptive medications used in the Family Planning clinics. Approval of Budget Amendment #96-0134 to Budget State Funds Received for the Carolina Power & Light Company Project Share The Commissioners approved the following Budget Amendment: 96-0134 Social Services/Administration Debit Credit Social Services Administrative Grant CP&L Intervention Proqram Assistance Payments $27,934 $27,934 Purpose: To budget additional State funding received for CP&L Project Share. Approval of Budget Amendment #96-0135 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-0135 Sheriff's Department/Administration Debit Credit Sheriff's Department Other Departmental Supplies $4,214 $4,214 Purpose: To increase the budget for money seized by the Sheriff's Department from gambling. PRESENTATION OF "CLASS ACT AWARD" TO CYNTHIA M. Chairman Greer, on behalf of the Board, presented a "Class Act Award" to Cynthia Administrative Secretary, for the New Hanover recognition of her outstanding job performance. WHITENER congratulated and M. Whitener, an County Library in A round of applause was given to Ms. Whitener. PRESENTATION OF RETIREMENT PLAQUES Chairman Greer, on behalf of the Board, congratulated and presented retirement plaques to the following employees in recognition of their years of dedicated service to New Hanover County: Name Alan D. Tiller, Sheriff Department Hazel W. Poole, Register of Deeds Madeline I. Stokes, Social Services Marilyn A. Banister, Library Service 8/78 thru 1/1/96 6/2/82 thru 11/1/95 10/15/63 thru 10/1/95 6/17/68 thru 9/1/95 A round of applause was given to these employees. PRESENTATION OF SERVICE AWARDS Chairman Greer, on behalf of the Board, presented Service Awards to the following employees in recognition of their years of service to New Hanover County: Name Cynthia M. Graham, Environmental Management Dirk S. Weingand, Environmental Management April F. McCullen, Health Department Felicia S. Myott, Health Department Christine B. McNamee, Social Services Betty T. Wilder, Social Services Carol B. Eisenstein, Library Service 5 5 5 5 5 5 5 Howard M. Williams, Property Management Martin J. Adams, Sheriff's Department 10 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 259 Ruth C. Roethlinger, Health Department 10 Mary M. Kent, Social Services John W. Davis, Human Relations 15 15 Michael K. Braswell, Tax Department 20 ACCEPTANCE OF RECOMMENDATION TO HIRE DR. BRUCE WILLIAMS AS THE DIRECTOR OF COOPERATIVE EXTENSION SERVICE IN NEW HANOVER COUNTY Dr. Pat Barber commented on the extensive screening and interview process by the N. C. State Cooperative Extension Service Office in Raleigh, and recommended hiring Dr. Bruce Williams as the new Director of the Cooperative Extension Service in New Hanover County. The salary for Dr. Williams will be $57,500 with the State paying approximately 58.8 percent and the County paying 41.2 percent. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to accept the recommendation from the N. C. State Cooperative Extension Service Office in Raleigh, North Carolina, and hire Dr. Bruce Williams at a starting salary of $57,500 with New Hanover County paying 41.2 percent of the salary. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews PRESENTATION OF HUMAN RELATIONS REPORT Director of Human Relations, Mr. Anthony Wade, presented the Annual Report of the Human Relations Commission. The report gave the details on the Commission's activities during 1995 and statistical information from October 1994 through September 1995. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to accept the Annual Report of the Human Relations Commission as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer expressed appreciation to Director Wade for the report. He reported on attending the Human Relations Gala, which was enjoyed by all. BREAK Chairman Greer called a break from 9:30 A.M. to 9:50 A.M. The Clerk to the Board, Lucie F. Harrell, received word that her Mother had passed away. The Commissioners expressed their condolences to Mrs. Harrell, and the Deputy Clerk, Teresa Elmore, recorded the remaining portion of the meeting. CONSIDERATION OF THE REORGANIZATION AND AUTOMATION CONCEPTS FOR THE NEW HANOVER COUNTY INSPECTIONS DEPARTMENT County Manager, Allen O'Neal, reported prior discussions had been held on an automation plan for the Inspections Department; however, when the former Director of Inspections retired, the plan was placed on hold. Since a new director has been hired, Staff is requesting the Board to endorse the reorganization and automation concepts proposed by the Inspections Departments. Director of Inspections, Jay Graham, presented the following NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 260 reorganization and automation concept: Current Organization Structure: The existing organization consists of five basic divisions: building, plumbing, electrical, mechanical, and fire code/fire marshall. Each division is operated as a self-contained unit with its own clerical staff and administrative procedures for processing permits. Due to a decentralized permitting structure, the builders must navigate among the divisions to obtain and complete all permits. Recommendation 1: Proposed Organization The proposed organization will be comprised of SlX basic divisions and will include a new Code Administration Services Division. This structure is designed to initiate a centralized program to simplify permitting for the public. The Division would provide a contact point for the builder and public to deal with all permits. This reorganization can be achieved by combining the clerical staff from the other divisions. The Services Division would perform the following functions: Processing permits Scheduling inspections Records and filing maintenance Plan reviews Service coordination The advantages of implementing a new Service Division are as follows: (1) User-friendly Service for the Development Community and Public: The system will provide a one counter stop where the builder and public can apply for all required Inspection permits, inquire about the status of projects, and obtain information on general code questions. (2) Initial Establishment of Centralized permi ttinq: The Division staff will be trained to provide basic information about other permits, such as grading permits that are required in some projects. The automation software will be expanded to include tracking for other permits. Although this centralized permitting reorganization will take additional resources and time to establish once the Services Division is established, it will be a firm step in providing complete and comprehensive centralized permitting. (3) Improved Administration: Combining clerical staff from the other divisions will allow for cross-training and more efficient use of staff in such activities as answering phones at peak times. Required Resources: The Code Administration Services Division can be accomplished with minimum additional resources by combining the existing staff and resources. The vacant Permit Process Coordinator position should be upgraded to a Division Chief level to administer the Division. Also, it is important to note that additional staff, such as a Plan Reviewer and more clerks will be needed to accommodate the rapid growth in the construction industry. Staff expansion will be performed cautiously; however, more employees will be needed in order to take full advantage of the efficiencies offered by the Services Division and by automation. The following figures were presented on the cost of software/ hardware needs: HARDWARE 1 - AS400 Server 8 - Laptop computers/accessories 1 - Server for mobile units SOFTWARE Office Solution $118,000 48,000 6,000 $ 58,463 $172,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 261 Mobile Solution Direct talk voice response solution 55,500 28,332 $142,295 INSTALLATION/TRAINING Installation, training, cable drops etc. $ 40,350 $ 40,350 MAINTENANCE/SUPPORT Annual support for hardware/software $ 24,118 TOTAL $ 24,118 $378,763 Recommendation 2: Approval of Six Additional positions and Budget Amendment #96-138 The Board was requested to add SlX positions to the Inspections Department as follows: 2 Building Inspectors, 1 Plumbing Inspector, 1 Mechanical Inspector, 1 Electrical Inspector and 1 Zoning Inspector. The proposed annual salaries will be $140,028 ($23,338 per inspector) with support equipment costing $16,438.20. These positions are needed to respond to the large increase in construction activity documented during the past two years. The value of permitted construction jumped 107% over values reported in 1994, from $290 million to $444 million. This rate of growth resulted in the total number of inspections per inspectors/day ratio to rise from the generally accepted maximum allowable of 10 to 12 per day to the current load of 15 to 18 per day. A continuous overload of inspections will ultimately impact public safety and hinder the department's ability to provide adequate inspections in a timely manner. Budget Amendment #96-0138 Inspections Debit Credit Inspections Inspection Fees Salaries & Wages FICA Retirement Medical Insurance Cellular Expense Employee Reimbursements Departmental Supplies Radios $69,615 $43,086 3,296 2,585 4,758 1,350 7,290 3,000 4,250 Purpose: To budget Inspection fees that are expected to exceed the budget for six additional positions for the remaining eight pay periods of FY95-96 (annual cost would be $172,077). Recommendation 3: Reclassify the Permit Process Coordinator to Chief Code Administration Official and Approval of Budget Amendment #96-0137 The Board was requested to reclassify the Permit Process Coordinator position to Chief Code Administration Official. This position will have the responsibility of enforcing the N. C. State Building Code. This covers all administrative and legal issues of Building Code enforcement such as permitting, plan review, alternate materials and methods, record documentation and archives. The supervisor of this Division will require the same level of certification and experience as the Chief Building Inspector. There is a vacant position and instead of hiring a new position, Staff would like to reclassify the position to Chief Code Administration Official and approve the associated Budget Amendmen t . Budget Amendment #96-0137 Inspections Debit Credit NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 262 Inspections Inspection Fees Salaries & Wages FICA Retirement Cellular Expense Departmental Supplies $4,160 $3,180 243 190 197 350 Purpose: To budget greater than anticipated Inspection fees for a position reclassification and related expenses. Chairman Greer asked if the Inspections Department had implemented any of the communications options, such as the 24-hour voice response and the 24-hour dial-in access for the contractors. Director Graham responded a small pilot program had been implemented. The voice response program was not completed and was limited to information currently on the computer. Approval of the automation concept would greatly expand both capabilities. The voice response would allow the contractors to call in through touch-tone and schedule inspections as well as scan the computer for other information. Chairman Greer asked how the increased revenues would be disbursed? Director Graham replied that increased revenues, projected to be $185,000, were due to growth, not from increased fees. Reserved funds will be used to pay for the computer equipment. Currently, there are four laptops being used in the field that are hooked-up to a computer with an in-house written computer program. Although the program is limited in nature, it depicts the type of data that can be obtained. The Inspections Department was trying to determine if this type of system would benefit the contractors, the community, and the County. The evaluation was found to be positive. Commissioner Barone asked if the inspectors could be hired as temporary employees. County Manager O'Neal responded the County and State require a certain amount of certification and expertise; therefore, the County would not be able to keep temporary employees after being trained. If a slow-down should occur, it will be understood that the new positions will be the first jobs to be eliminated. Chairman Greer asked if there would be any benefit in cross- training inspectors so that a plumbing inspector, building inspector or electrical inspector could go to the same job sites? Director Graham reported cross-training is used in certain situations. For example, when changing a water heater, it is cost- effective to send one inspector for a single unit. However, on the larger scale involving a structure, the fields are too specialized. Historically, inspections began with one inspector having all four trade certifications. With so many technical concerns, one inspector cannot have the knowledge to perform a proper job. He stated the Department will continue to look for ways to become more efficient with cross-training being considered whenever feasible. Chairman Greer expressed concern for the County overspending its revenues. He suggested keeping track of money being spent during the current year that will impact next year's budget. In this case, if revenue is available, there should be no problem with funding the recommended proposals for the Inspections Department. However, these proposals should not be approved if a tax increase lS needed for the FY 1996-97 budget. He inquired as to the number of new County positions approved during the current year? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 263 County Manager 0' Neal responded the Human Relations Commission had an upgrade of a partially funded temporary position to a full- time position. Director Graham reported the records indicate that no positions have been approved for the Inspections Department since November 1994. Further discussion was held on the availability of funding for the proposed reorganization and automation concept for the Inspections Department. County Manager 0' Neal responded the revenue generated by the Inspections Department more than covers the cost of operation. Commissioner Caster recommended setting up this department as an enterprise fund so that expenditures could be justified to the public and the Board of County Commissioners. He reported if the Inspections Department is generating extra revenue, the Board should consider reducing the inspection fees. Assistant County Manager Weaver stated revenues for the Inspections Department exceeded expenses by $500,000 last year. The County's intent has been for the Inspections Department to fully fund its operation by 100% with excess revenues being returned to the development community in terms of service. Commissioner Barone stated if the County is ahead by $500,000 this year, then the expenditures for the computers and software will be a one-time expense from the current fiscal year. Next year's budget should only be affected by the salaries of the new positions. She asked if the Department could make out with half the amount requested? Director Graham replied that the automation system would not work with less money appropriated. County $24,000 to equipment. Manager $26,000 0' Neal stated there may a year for maintenance be an additional on the computer Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the three recommendations on the reorganization and automation concepts proposed by the Inspections Department, with the proviso that quarterly reports will be submitted to show expenses versus revenues. If the Inspections Department begins to have a decrease ln revenue, then the Board will be able to respond with a reduction ln staff. County Manager O'Neal stated with the public's increased awareness of the Inspections Department due to the stucco situation, additional requests for inspections have been made. The Inspections Department is a public safety department with an obligation to respond in a proper and appropriate manner. Upon vote, the MOTION Voting Aye: Absent: CARRIED AS FOLLOWS: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Vice-Chairman Mathews Commissioner Barone requested a budgetary summary of the computer equipment to be submitted with bid awards in order for the Board to compare actual costs with estimated costs. Chairman Greer complimented the Inspections Department for the outstanding job performed in responding to the concerns of the community regarding the stucco matter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 264 Commissioner Caster requested Director Graham to explain the testing standards pertaining to stucco manufacturers. Director Graham explained that the non-profit model code organization sets up the requirements, reviews the results from manufacturers of building products, and submits compliance reports. The Southern Building Code Congress is funded by its membership of different jurisdictions in the southeastern states. The County is a participating member of this organization. The stucco manufacturing industry lS trying to achieve standards to be approved by the American Society Testing of Materials (ASTM). Once consensus standards have been established and a product meets the test, a product can be certified. The companies can dictate their own tests, but they have to comply with consensus standards. Director Graham explained there were a host of problems associated with using stucco. Although it is a waterproof system, some windows being used are not compatible. Building codes have a standard of windows that are weather resistant, but not weather proof. Most structures are built to a standard of weather resistance; however, the stucco product requires a weather proof standard. The problem of water intrusion had not been anticipated. In a frame house or a brick house, standards are provided for water intrusion. Although brick is a porous material, water is allowed to migrate through with a one inch air gap between the brick and the wooden frame. The wood is lined with a black tar impregnated paper to allow the water to shed quickly. Also plastic flashing is installed. Small slots around the brick construction, at the base and windows, allow water to run back out. Initially, houses with brick facades had the same problem with plywood and wooden frames rotting because of the porosity of the brick. Commissioner Sisson reported there are companies that can determine the type of flashing and window system needed to prevent the water intrusion; however, some of the construction contractors are not using the technical information. Commissioner Barone expressed appreciation to the Inspections Department for being so responsive to the public during this very difficult time. She reported the stucco homeowners were most appreciative of having their properties devalued until repairs have been made. Discussion was held on the need to inform the public about the assistance that can be obtained from the Tax Department regarding stucco homes. County Manager O'Neal reported an article was in the newspaper last week about the tax revaluations for stucco homes. Also, efforts will be made to include this information on the new Stucco Hotline. He reported rumors have been circulating about the national news media coming to town to report on the stucco issue. A press packet will be available to help the Commissioners respond to any inquiries. FIRST MEETING OF THE 1996 BOARD OF EQUALIZATION AND REVIEW SCHEDULE FOR APRIL 15, 1996 Tax Administrator, Roland Register, reported the first meeting of the Board of Equalization and Review must be held no earlier than the first Monday in April and no later than the first Monday in May. He requested the Board to schedule the first meeting of the 1996 Board of Equalization and Review on Monday, April 15, 1996, at 12:00 Noon, in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Chairman Greer reported the Commissioners sit as the members of the Board of Equalization and Review. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 265 Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to schedule the first meeting of the 1996 Board of Equalization and Review on Monday, April 15, 1996, at 12:00 Noon, in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews DISCUSSION OF WELLHEAD PROTECTION WORKSHOP TO BE HELD IN NEW HANOVER COUNTY Assistant County Manager, Dave Weaver, reported representatives from the N. C. Groundwater Section will present a one-day seminar on wellhead protection from 9:00 A.M. until 3:00 P.M. on Thursday, April 4, 1996, in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. He reported this area has abundant quanti ties of high quality groundwater and noted that more people are dependent on its use through the establishment of centralized, community water systems. It is critical to protect the integrity of these large production drinking water wells from contamination through a Wellhead Protection Program. The Commissioners were invited to attend the workshop. TAX APPEAL FOR EXEMPTION OF A 1977 HUNTER SAILBOAT OWNED BY UNITED CHRISTIAN CAMPUS MINISTRIES Tax Administrator, Roland Register, reported the United Christian Campus Ministries had appealed a discovery of the 1977 Hunter Sailboat that was unlisted in 1995. The appeal was deferred until Reverend Bob Haywood returned from being out of town to answer questions by the Board about his use of the boat; however, Rev. Haywood was not present. Research revealed that Campus Ministries obtained title to the boat on October 5, 1990, and has never listed nor has the owner requested an exemption. The Campus Ministries claims whole and exclusive use as a religious property, but admits the campus minister, Rev. Haywood, used the boat on some occaSlons. Tax Administrator Register reported the boat, located at a neighborhood dock wi thin 200 yards of Rev. Haywood's home, is approximately five-feet wide with a small walk-around at the bow. The boat is not large enough to carry large groups of people. He concluded Rev. Haywood had unrestricted use of the boat since he had custody of the boat and there were no controls on the use of the boat. There are no records to indicate that the boat was used 100% for religious purposes. Tax Administrator Register recommended the boat to be taxed and deny the request for exemption. Rev. Brown Patton, Chairman of the United Campus Ministries Board, along with two members of the board, were present to appeal the exemption. He stated the boat was donated to United Christian Campus Ministries by a private donor in December 1986. Campus Ministries is a taxed exempt organization and the boat is used for religious purposes. He reported Mr. Register was given a letter by Rev. Haywood stating the boat was used as an on-going part of UCCM's programs and should be exempted as other personal properties, such as the canoes. The boat has been used as a ministry by opening doors between clergy and students that may never have been opened in another setting. The Campus Ministry felt fortunate to have use of the sailboat for those purposes. Commissioner Barone asked if Rev. Haywood was compensated for keeping the sailboat at the Tides Marina? Rev. Patton replied the sailboat is kept ln Rev. Haywood's NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 266 marina slip, which is part of the property of the house. Commissioner Sisson asked if logs were available showing the use of the boat for religious purposes. Rev. Patton responded no logs were kept on the use of the boat, although students have mentioned their trips at board meetings of the United Christian Campus Ministries. Chairman Greer suggested the Campus Ministry may want to keep a log showing the usage of the sailboat since this is of questionable concern. Tax Administrator Register stated the appeal was based on the exemption request for 1995, and it was deferred from December to allow Rev. Haywood an opportunity to answer concerns about its use. In an earlier discussion with the Assistant County Attorney, Kemp Burpeau, he stated the sailboat can be exempted only for the year 1995. Records from the N. C. wildlife Office show that Campus Ministries has owned the boat since October 5, 1990. The prior owner of record was shown to be William Sholar, who had listed the boat in 1990. The Board is not able to approve retroactive exemption requests; however, Campus Ministries will have another opportunity to appeal G.S. 2-380. Tax Administrator Register asked Rev. Patton if he had first hand knowledge of every time the boat was used, or if he was relaying information as told to him. He doubted whether Rev. Patton knew how often Rev. Haywood used the sailboat. Rev. Patton responded that he knew Rev. Haywood used the boat. Tax Administrator Register questioned whether the boat was used exclusively for religious purposes. Commissioner Caster asked since the appeal was delayed from December to allow Rev. Haywood to appear before the Board, why was Rev. Haywood not present to answer questions. Rev. Patton responded that Rev. Haywood went on a sabbatical leave, which will last through April. He traveled to New Zealand and will be visiting other Christian campus groups in January and February. Rev. Patton requested information with reference to the filing of the exemption if the boat was considered tax exempted property. Tax Administrator Register advised that G. S. 282.1 requires the filing of an application for one time, and after approval, no further application is required. If the exemption had been approved in 1991, applications would not have to be submitted in 1992, 1993, etc. Property belonging to a church organization or religious organization is not automatically exempted. State law requires an application for exemption to be filed before the end of a calendar year. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone, to approve the tax exemption for the 1977 Hunter Sailboat as requested by United Christian Campus Ministries. Chairman Greer suggested to Rev. Patton that records should be kept on the use of the boat. Under the law, if the boat is used for anything else, taxes must be paid. Commissioner Caster expressed concern that Rev. Haywood would still be able to use the sailboat although it is to be used for the ministry. Commissioner Sisson asked if a contingency of furnishing the Tax Office with a log of uses could be placed on the exemption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 267 County Attorney Copley responded a determination needed to be made one way or the other by the Board of Commissioners. Chairman Greer responded the Tax Administrator would be checking on the use and a discovery could be made later if the sailboat is misused. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Absent: Vice-Chairman Mathews APPROVAL OF BUDGET AMENDMENT #96-38 TO INCREASE CAD BUDGET FOR FENCING AROUND NEWLY CONSTRUCTED TOWER County Manager O'Neal requested the Board to approve additional funds in the amount of $8,000 to place a fence around the newly constructed generator of the CAD tower. The funds will be removed from the General Fund contingencies. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the following budget amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Computer Aided Dispatch/General Fund-Contingency Debit Credit General Fund/Continqency Contingency $8,000 General Fund/Transfer to Capital Prolects Transfer to Capital Project $8,000 Computer Aided Dispatch Transfer In $8,000 Computer Aided Dispatch Capital Project Expense $8,000 FIRST READING OF ORDINANCE TO AMEND CHAPTER 15, WATER SUPPLY SYSTEM, ARTICLE II, WASTE WATER COLLECTION AND TREATMENT, SECTION 15-18, DEFINITIONS, TO THE NEW HANOVER COUNTY CODE Assistant County Manager Dave Weaver, requested the Board to adopt an ordinance to change the definition section of the Sewer Ordinance. The purpose of the amendment is to comply with the Board's recent action to change the impact fee from a per unit basis to square footage as follows: Amend the existing definition of New Development by deleting Subsection (4) which reads, "The expansion of or addition to a single-family residential structure or a single-family mobile home, so long as such expansion or addition does not result in a multi-family structure. " Assistant County Manager Weaver reported the definition in the Ordinance basically exempts additions in single-family houses from paying any impact fees. Those who have been charged since December 19, 1995, will be refunded because of this subsection. Staff will NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 268 be rewriting the Water and Sewer Ordinance to clarify these sections. Chairman Greer questioned whether the County wanted to charge a sewer impact fee to someone adding a bedroom on the back of the house. He asked if there were minimum fees for room additions. Assistant County Manager Weaver responded the idea behind charging the square-foot basis on additions was based on the size of the house and the number of people in the house. An extreme example would be a 1,000 square foot home being charged $.065 per square foot and then later adding four bedrooms and two baths with no additional sewer impact fee. Another way of handling the example would be to charge per unit, per bedroom, or per bathroom fixture basis. County Engineer Wyatt Blanchard reminded the Board the recent impact fee ordinance placed a minimum fee of $500 for a new residential unit of 800 square feet, but there is no minimum fee for room additions. Chairman Greer stated the Board may want to study the amendment because he did not realize that the recently adopted impact fees would affect additions to houses. He felt the intent of the impact fees was to cover the impact of new construction on the sewer system. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to table the amendment of the Waste Water Collection and Treatment Section of the New Hanover County Code until the Regular Meeting of March 11, 1996. Commissioner Sisson commented on the Board deciding to charge a sewer impact fee based on the square footage and stated with any formula specific cases could alter the intent. County Engineer Blanchard explained that if a house was torn down, the owner would receive a credit for the house when it was replaced and the fee would be based on the square footage with no minimum involved. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews COMMITTEE APPOINTMENTS Appointments to the Commission for Women Chairman Greer reported some of the applications presented were not on the County's application form. He requested the Clerk's office to re-advertise the vacancies and request those applicants to resubmit applications on the County's form. Additionally, he felt letters of recommendations for appointments of persons to serve on the various boards and committees placed the Commissioners in a difficult position. If those applicants are not appointed, the board/committee could be offended. He suggested the members of the boards and committees could talk with the individual Commissioners on their desire for a particular appointee instead of writing letters of recommendations. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer, to re-advertise the vacancies on the Commission for Women, and to send letters to all boards and committees notifying them of the policy to use the County's application form and that letters of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 269 recommendations for appointments should not be sent to the Board of County Commissioners. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Appointments to the Domiciliary Home Community Advisory Committee Chairman Greer reported there were two vacancies on the Domiciliary Home Community Advisory Committee with Pamela W. Wooddell being eligible for reappointment to a three-year term. He reported Ms. Wooddell desired to be reappointed. Chairman Greer opened the floor to receive nominations. Commissioner Barone nominated Clara Lamb. The nomination was seconded by Commissioner Sisson. Vote: Upon vote, Clara Lamb was appointed to fill the initial one- year term on the Domiciliary Home Community Advisory Committee. The term will expire February 28,1997. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson, to reappoint Pamela W. Wooddell to serve a three-year term on the Domiciliary Home Community Advisory Committee. The term will expire February 28, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Appointment to the Nursing Home Community Advisory Committee Chairman Greer reported there was one vacancy on the Nursing Home Community Advisory Committee with Elizabeth Weis being eligible for reappointment to a three-year term. He reported Ms. Weis desired to be reappointed. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson, to reappoint Elizabeth Weis to a three-year term on the Nursing Home Community Advisory Committee. The term will expire February 28, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Appointment to the Human Services Allocation Advisory Committee Chairman Greer reported a vacancy existed on the Human Services Allocation Advisory Committee for an unexpired term and reported two applications have been received. The floor was opened to receive nominations. Commissioner Barone nominated Jerome Allen. The nomination NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 270 was seconded by Commissioner Caster. No other nominations were received. Vote: Upon vote, Jerome Allen was appointed to fill the unexpired term on the Human Services Allocation Advisory Committee. The term will expire June 30, 1998. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Appointments to the Wilmington/New Hanover Port, Waterway and Beach Commission Chairman Greer announced there were two vacancles on the Wilmington/New Hanover Port, Waterway and Beach Commission and reported three applications have been received. Chairman Greer opened the floor to receive nominations. Commissioner Caster nominated Wayne Hanson. The nomination was seconded by Commissioner Barone. Commissioner Sisson nominated Robert Randall. The nomination was seconded by Commissioner Caster. Commissioner Caster reported the former chairman, John Van Metts, resigned from the Commission and Richard G. Catlin had recently been appointed to replace him as chairman. It was felt that Mr. Catlin should remain on the Commission because his experience and dedication were very much needed at this time. Commissioner Caster nominated Richard G. Catlin to be reappointed. The nomination was SECONDED by Commissioner Barone. Vote: Chairman Greer called for a vote on the appointment of Wayne A. Hanson to serve a three-year term on the Port, Waterway and Beach Commission. The term will expire February 28, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of Robert L. Randall. No votes were received. Vote: Chairman Greer called for a vote on the reappointment of Richard G. Catlin to serve another three-year term on the Port, Waterway and Beach Commission. The term will expire February 28, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Appointments to the WASTEC Commission Chairman Greer noted that three vacancies exist on the WASTEC Commission and reported only two applications had been received. He inquired about the status of the WASTEC Commission and asked if the Commission should remain active? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 271 Commissioner Caster replied that the Commission meets quarterly and he felt it was beneficial to have input from industry representatives on the Commission. County Manager O'Neal reported the Commission had been very valuable to the County and felt the current community members had a good understanding of the complicated operations of the Wastec Facility and would continue to be an asset to the County. Chairman Greer asked if the applicant employed by CP&L would be a conflict of interest? County Attorney Copley advised it would not be a conflict of interest because the applicant was not involved with the actual negotiations of County contracts. The applicant works at the Brunswick Nuclear Plant and could excuse himself from voting on issues pertaining to CP&L. County Manager O'Neal reported the former Regional Manager of CP&L, Greg pittillo, resigned from the WASTEC Commission because he felt it was a conflict of interest. Commissioner Sisson reported the Planning Board member, Ken Shanklin, often refuses to vote on issues concerning his clients. Any member of a board should refuse to vote on issues that may be considered a conflict of interest. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster, to reappoint Gene Renzaglia and appoint Robert M. Deacy to serve three-year terms on the WASTEC Commission. The terms will expire March 1, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer directed the Clerk's Office to re-advertise to fill the other vacancy on the WASTEC Commission. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 11:40 A.M. to 12:50 P.M. BREAK Chairman Greer called a break from 12:50 P.M. to 1:00 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Bus Tour of New Hanover County Scheduled for March 14, 1996 Chairman Greer commented on the benefits derived from the Bus Tour scheduled last year to see the tremendous amount of growth that has occurred in New Hanover County during the past year. He recommended scheduling another tour and inviting members of City Council and management staff to attend. County Manager O'Neal reported Dexter Hayes will make an hour presentation to the Commissioners focused on the growth of the communi ty and infrastructure needs. A tour of the county will follow. Consensus: The Board agreed to schedule the Staff Meeting of March 14, 1996, at 7:30 A.M. or 8:00 A.M. with the Planning Department's presentation at 9:00 A.M. followed by the bus tour at 10:00 A.M. ADDITIONAL ITEMS - COUNTY MANAGER NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 272 Public Hearing Scheduled by the State and Local Fiscal Relations Study Committee County Manager O'Neal announced the NCACC and the State and Local Fiscal Relations Study Committee, co-chaired by Senator Beverly Purdue and Representative Carolyn Russell, will be holding a hearing on Friday, February 23, 1996, at 10:00 A.M. The purpose is to hear presentations on issues regarding state and local governments on fiscal matters. Presentations will be limited to five minutes. He asked the Commissioners if they had particular concerns that they would like presented to the Study Committee. Commissioner Barone suggested asking the State to glve counties more money and less regulations. Chairman Greer suggested asking the State not to place the responsibility of funding welfare reform on local governments. Commissioner Caster suggested to request additional funding sources for local schools. Commissioner Sisson suggested asking the State to have a balance approach in policies attracting businesses and people to the State and making sure those policies do not impact local governments. County Manager O'Neal suggested asking the State to change the State's fiscal year to correspond with the Federal fiscal year or to allow counties to change their fiscal year to follow the State's fiscal year. County Manager O'Neal asked if a Commissioner would like to make the presentation to the Study Committee. Chairman Greer stated he would try to attend. Reception for New Director of the New Hanover County Cooperative Extension Service County Manager O'Neal announced a reception will be scheduled for the new department head, Bruce Williams, which will include department heads and people from the community that will be interfacing with the Cooperative Extension Service. County Manager to Host a Family from Citizens for International Understanding Exchange Group County Manager 0' Neal reported that his family would be hosting a family from Hiroshima, Japan for the weekend as part of Citizens for International Understanding Exchange Group. Dennis Burks of Environmental Management, will be giving a small tour of the County's environmental programs for the visitors, and the Commissioners were invited to attend. Road petition for Covil Estates Assistant County Manager Dave Weaver reported State officials were ready to expedite the acceptance of the road petitions for Covil Estates. He warned that acceptance may be delayed because the State had required the developer, Dallas Harris, to install a turn lane off of Military Cutoff Road as a condition of the driveway permit. However, it is hoped that the State will accept the roads without waiting for the turn lane to be installed. The County is holding a $50,000 surety bond from the developer, but the turning lane is not part of the subdivision plan. Cape Fear Optimist Club Dinner Honoring Law Personnel Assistant County Manager Weaver reported he attended the dinner at the Cape Fear Optimist Club on Saturday night, February 17,1996, and presented the proclamation on "Respect for Law Week." He expressed regrets that the Commissioners were unable to attend. The Commissioners expressed appreciation to Mr. Weaver for NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19, 1996 BOOK 25 PAGE 273 attending the function since the Commissioners had several events to attend that evening. Ogden School Request Participation in Ball Fields Maintenance Commissioner Sisson reported he had been approached by the principal and Ogden PTA about upgrading the ball fields at Ogden Elementary School. They want the County to spend approximately $2,500 on a joint use of the athletic playground facility. Commissioner Sisson stated the school talked with Parks Director, Neal Lewis, and they will be sending the request to the Superintendent of Schools. Cape Fear Coast Convention and Visitors Bureau Appointee Commissioner Barone reported the Board of the Cape Fear Coast Convention and Visitors Bureau had sent a letter to the Board informing the Commissioners of a member who has missed several meetings. The CVB Board requested the Commissioners to appoint a replacement. Chairman Greer stated a letter would be sent to the absentee member notifying her of the attendance requirements for boards and committees and to ask her to inform the Commissioners of her intentions. Partnership for Children Commissioner Caster stated he had attended another meeting of the Partnership for Children and the Committee does not seem to be getting anywhere. He doubted the need for a Commissioner to serve on the committee. Chairman Greer reported the Commissioners had decided that County staff would not represent the County on this board; however, staff could participate on a personal level. Commissioner Caster had no obligation to attend the meetings on the County's behalf. Volunteer Fire Departments' Budgets Commissioner Sisson reported the budgets of the volunteer fire departments will include capital improvements with a detailed report for items over $5,000. The fire departments affected by annexation will submit their usual budget, and if and when annexation lS approved, another budget will be submitted. ADJOURNMENT Chairman Greer adjourned the meeting at 1:30 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board