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1995-05-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 676 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 15, 1995, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Deputy County Manager, Andrew J. Atkinson, invocation. gave the vice-Chairman Mathews led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented: Resolution of Support Rescinded for the Southern Alternative Outer Loop Commissioner Caster commented on the resolution of support for the Southern Alternative Outer Loop adopted by the Board of County Commissioners on September 6, 1994, and reported Mrs. Trudy van Luyn, would like to speak in opposition to the proposed by-pass route. Mrs. Trudy van Luyn, representing the residents of Wrightsboro, presented petitions with more than 1,400 signatures and requested the Board of County Commissioners to rescind the resolution of support for the Southern Alternative Outer Loop adopted on September 6, 1994, because of its negative impact on the Wrightsboro Community. The following concerns were presented: (1) Contrary to various reports, the Southern Alternative has been protested from the beginning of the study in 1985. At a Land Use Planning Workshop held in Wrightsboro, the primary objective was to prevent the division of Wrightsboro by the by-pass. (2) When the resolution of support for the Southern Alternative was adopted by the Transportation Advisory Committee, Wilmington City Council, and Board of County Commissioners, the public was not offered a period for public comment. (3) Registered letters opposing the Southern Alternative were forwarded to the former Secretary of Transportation, Tommy Harrelson, and N. C. Transportation Board Members, Marylyn Williams and Estell Lee with no responses ever received. (4) Statistics presented by the Department of Transportation were in some instances inaccurate and false. For example, the figure zero was used to reflect the number of elderly, handicapped, and minority citizens who would be negatively impacted by the proposed route. In reality, there are many elderly, handicapped, and minority citizens that will be negatively impacted by this choice. Also, the aerial map used during the presentations was out of date and did not show the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 677 correct number of threatened houses and businesses. After the April 25, 1995, Public Hearing, the map still did not show the correct proposed Southern Alternative. (5) The Wrightsboro citizens cannot understand why the proposed route has been changed to accommodate new homes instead of protecting old established homes and businesses. (6) The latest proposed change in the project, due to the newly discovered problem with barge traffic on the Northeast Cape Fear River, would make the Southern Alternative more expensive because of increasing a 180-foot bridge to over 400 feet. (7) The projected traffic usage for the two alternatives lS questionable. There are 2,300 General Electric commuters daily, which would use the northern route in lieu of going south on Castle Hayne Road, then north on the by-pass, and then south on College Road or Market Street Road at Futchs Creek. (8) Wrightsboro School, which is just beginning its new building, would be in a dangerous position if the Southern Alternative is selected. The entire school district with the exception of a small portion would be across the Castle Hayne Road intersection from the school. This would bring school traffic into direct conflict with traffic entering and exiting the intersection. Also, Holland Drive, which provides a safe alternative interior route to the school, is scheduled to be barricaded, which will create more traffic on Castle Hayne Road, Blue Clay Road, and North Kerr Avenue. (9) The proposed Southern Alternative is approximately three miles away from the Smith Creek Parkway, which is an inefficient arrangement. (10) The proposed Southern Alternative appears deliberately designed to dislodge a large number of homes and businesses; uproot many people; disrupt many school and recreational routes; and generally do as much damage as possible in the Wrightsboro Community. (11) There are many other facts that need to be brought to the attention of the New Hanover County Board of Commissioners. When trying to compare the disaster of the Southern Alternative on the Wrightsboro Community, it felt this route would be worst than a tornado because after construction of the by-pass no homes could be rebuilt, no trees could be regrown, and no roads could be reconnected. Mr. Jimbo Fox, a property owner affected by the proposed Southern Alternative, reported the Wrightsboro Community was an established historic neighborhood that would be negatively disrupted by the proposed route. The difference in cost for selecting a more northerly route is less than one percent of the anticipated project cost. He inquired as to whether other alternatives should be considered instead of the two presented and asked if the proposed route had been given enough thought, public input, and debate. The Commissioners were requested to support the residents of the Wrightsboro Community in their efforts to urge the N. C. Department of Transportation to select the best route for the proposed bypass. Mr. Ralph Bordeaux, a resident of the Wrightsboro area, expressed concern for the southern outer loop being changed at the beginning of the planning process because of an influential, pri va te wetlands owner. After numerous changes, many historic homes will be destroyed and his home will be 50 feet away from the right-of-way, which will render the remainder of the property worthless. The Commissioners were urged to rescind the resolution of support for the Southern Alternative and request the Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 678 of Transportation and Greiner, Inc. to reVlew and reconsider the northern alternative. Dr. Justine Lerch, Principal of Wrightsboro Elementary School, expressed concern for placement of the highway being less than one- sixteenth of a mile from the entrance to the school. She stated with reconstruction of the main building, the highway would be on the opposite side of the Wrightsboro Church parking lot, which is currently being used for parking, and will continue to be used during the construction period. Concern was expressed for the Greiner report indicating there was zero impact on the school when the proposed route will destroy the bus, bike, and walking routes for children attending the Wrightsboro Elementary School. The Commissioners were urged to consider the safety of children when making a decision. Mr. Steve Vosnock, a resident of Wrightsboro, reported the Southern Alternative was chosen because of promises made to a private landowner involved with the development of NorthChase. Also, industrial sites were eliminated by Greiner, Inc. because of groundwater contamination by General Electric and Cape Industries. The Department of Transportation was not interested in going through the process of requiring these industries to remove contaminants from the groundwater, and the major industries were not willing to redesign their sites to accommodate the community. Splitting the Wrightsboro Community will destroy the area and its history of a community living together. The Commissioners were urged to consider a more northern route for the bypass. Ms. Joanne McEachern Swart, a resident of Wrightsboro, urged the Commissioners to protect the Wrightsboro community which is an old, well established neighborhood that has lived in harmony for many years. Ms. Elizabeth McLawhorn, a resident of Gordon Road, expressed concern for the amount of traffic on Gordon Road and reported if the Southern Alternative is selected, many residents will lose their homes and traffic will only increase on this already congested road. Chairman Greer advised the Wrightsboro residents attending the meeting that Public Hearings had been held from 1991 through 1994 at the Leland Middle School, Trask Middle School, St. James A.M.E. Church at Castle Hayne, the New Hanover County Courthouse and Laney High School. Background information was presented on support of the northern outer loop by the Board of County Commissioners on May 7, 1991, with a recommendation being received on August 22, 1994, from the Transportation Advisory Committee, requesting a resolution of support for the Southern Alternative. The Board was informed that only six homes would be affected with a very limited disturbance by the proposed route. The Commissioners deferred action on the request until September 6, 1994, feeling this item should be placed on the regular agenda. After adoption of resolutions of support by the Transportation Advisory Committee and Wilmington City Council, the Commissioners adopted a similar resolution feeling the best route had been chosen for the property owners and for environmental concerns. Chairman Greer stated, for the record, he did not have any intention of disrupting any community within the County, and he would not be opposed to rescinding the resolution adopted on September 6, 1994. Commissioner Sisson agreed with Chairman Greer and stated he had no problem with rescinding the resolution adopted on September 6, 1994. vice-Chairman Mathews expressed concern for not receiving more information before today and reported he felt the route should be further north. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 679 Commissioner Barone reported as a member of the Transportation Advisory Committee she was informed that no elderly or handicapped persons would be impacted and that only six homes would be disturbed. In her opinion, there was no reason for the facts to be misrepresented, and she would be uncomfortable voting to rescind a resolution that had taken four years to prepare based upon study and review. She suggested asking officials from the Department of Transportation, Greiner, Inc. and members from the Transportation Advisory Committee to appear before the Board to comment on the report before rescinding the resolution of support for the Southern Alternative. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to adopt a resolution to rescind the resolution of support for the Southern Alternative adopted on September 6, 1994. The floor was opened for discussion. Vice-Chairman Mathews requested the Planning Director to present the options and time schedule prepared by the N. C. Department of Transportation for construction the Southern Alternative. Planning Director, Dexter Hayes, reported the Department of Transportation had the following options: (1) construct the Southern Alternative; (2) construct the Northern Alternative; or (3) decide not to build a northern bypass. The Department of Transportation will proceed as follows: (1) select an alternative in the Summer of 1995; (2) complete the final Environmental Impact Study in the Winter of 1995/96; (3) complete preliminary design and hold the final Public Hearing in the Spring of 1996; (4) begin the right-of-way acquisition in the Spring of 1996/97; and (5) begin construction in the fall of 1998. He reported when the Public Hearing is held in the Spring of 1996, the exact number of houses, businesses and schools that will be disturbed will be known. Upon vote, the MOTION to rescind the resolution of support for the Southern Alternative CARRIED UNANIMOUSLY. Mrs. van Luyn expressed appreciation to the Commissioners for having the courage to stand up to the N. C. Department of Transportation and Greiner, Inc. before spending money for construction of a bypass in the wrong location. Mr. Donald Mooneyham, a resident affected by both routes, inquired as to whether the Commissioners adopted a resolution rescinding the Southern Alternative and endorsing the northern route. Chairman Greer responded the Commissioners were not endorsing any route, but were rescinding the resolution of support for the Southern Alterative. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 35. Consensus: After further discussion of the Greiner the consensus of the Board to request the N. C. Transportation and Greiner Inc. to appear before comment on the report. report, it was Department of the Board to Adoption of Resolution of Support for Application by Eastern Carolina Affordable Housing Developers LLC Ms. Gayle P. Van Velsor, Wilmington District Manager of Carolina Power & Light Company, requested the Commissioners to adopt a resolution of support for the Eastern Carolina Affordable Housing Developers LLC to receive low income tax credits from the North Carolina Housing Financing Agency to convert the Hooper School site into 22 apartments for the elderly. The project will consists of 28 new multi-family apartments on the Hooper campus. The apartments for the elderly will be approximately 800 square NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 680 feet with a monthly rental of $300; and the 3-bedroom units will be approximately 966 square feet with a monthly rental of $450 to $500. Once completed, the Hooper complex will be managed by Excel Management Company, which has over 25 years of experience in property management. Ms. Van Velsor reported Carolina Power & Light Company had completed four affordable housing developments in Raleigh, Goldsboro and Smithfield with nine other projects being planned. Carolina Power & Light Company considers these projects as a win/win situation for the company and the community through the provision of energy-efficient and affordable homes for the elderly. Discussion was held on whether projects in other areas had experienced any problems with crime, vandalism, or harassment of the elderly citizens. Ms. Van Velsor reported no problems had been experienced in other areas. As to the Hooper School site, the residents of the area feel this a way to address a need for the elderly and at the same time improve the property with new construction and renovation. Commissioner Barone inquired as to whether the request had been presented to the New Hanover County Board of Education? Ms. Van Velsor responded the Board of Education had sold the property to an individual. Motion: After discussion of the County taking the lead role in a project within the City, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution of support for the housing project to be placed on the Hooper School site contingent upon the adoption of a similar resolution by the Wilmington City Council. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 35. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Item 14-D; 14-H; 14-1; 14- J; 14-K; and 14-L for further discussion at the end of the meeting. Commissioner Barone requested removal of Items 9, 11, and 13, for further discussion at the end of the meeting. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda with removal of Items 9, 11, 13, 14- D, 14-H, 14-1, 14-J, 14-K, and 14-L as requested by Chairman Greer and Commissioner Barone. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings, as presented by the Clerk to the Board: Work Session - W&S Infrastructure - April 27, 1995 Work Session - Consolidation Study Commission - April 10, 1995 Regular Meeting - May 1, 1995 Approval of Accounting Technician II position for the Inspections Department The Commissioners approved a new Accounting Technician II position in the Inspections Department at an annual salary of $18,574 to be paid by user fees. If fees decline as a result of a reduction in building, the position will be eliminated. Adoption of Resolution to Sale Surplus Property (905 Castle Street) Owned by the City of Wilmington and New Hanover County The Commissioners adopted a resolution to accept the following NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 681 offer for property owned by the City of Wilmington and New Hanover County: Parcel Number 054-10-002-004.000 Address 905 Castle St. Amount of Offer $4,280 Tax Value $5,796 Market Value $4,280 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 35. Acceptance of a Grant Through the Governor's Highway Safety Program and Approval of Budget Amendment #95-0189 - Sheriff's Department The Commissioners accepted a grant through the Governor's Highway Safety Program in the amount of $10,000 and approved the associated Budget Amendment as listed below. The funds will be used as follows: (1) Overtime pay for alcohol impairment enforcement (2) Purchase of two Alco Sensors (3) Publicity $ 8,700 $ 900 $ 400 95-0189 Sheriff's Department Debit Credit Sheriff's Department Administration DWI Overtime Grant $10,000 Salaries and Wages printing Supplies $ 8,700 200 1,100 Tax Appeal Exemption Granted to Coastal Carolina Utilities, Inc. for 1994 The Commissioners granted a tax exemption to Coastal Carolina Utilities, Inc. for the Murraryville Wastewater Treatment Plant for the year 1994 as recommended by the Tax Administrator due to failure of the Tax Department to make a timely response to the taxpayer. Release of Certification Penalty - Tax Department The Commissioners released the following certification penalty as the taxpayer listed on time in another county: Ralph Edward Summerlin $100 Acceptance of Tax Collection Reports Through April 30, 1995 The Commissioners accepted the following Tax Collection Reports through April 30, 1995, as presented by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 35. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Brittany Woods, Sections 6-10 Shenadoah Woods, Section 2 Jasmine Cove Way Turtle Dove Court Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 35. Adoption of a Resolution of Intent to Hold a Public Hearing to Consider Closing an Unnamed Road in the Bradley Heights Subdivision The Commissioners adopted a Resolution of Intent to hold a Public Hearing on July 5, 1995, at 7:30 P.M. in the Assembly Room NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 682 of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, to consider closing an unnamed road in the Bradley Heights Subdivision. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 35. Authorization for the Library to Submit an Application for the 1995/96 Library Services and Construction Act Enrichment Grant The Commissioners authorized the Library to submit an application for the 1995/96 Library Services and Construction Act Enrichment grant. The funds will be used to improve the Internet access for the library staff, other County departments, and the general public. This improved system will allow all personal computers connected to the County's fiber optic network to access the Internet. Operating costs will be absorbed by the library. Approval of Budget Amendment #95-0176 - Sheriff's Department The Commissioners approved the following Budget Amendment: 95-0176 Sheriff's Department Debit Credit Sheriff's Department Other Revenue $528 Supplies $528 Purpose: To lncrease the budget for money received from an illegal lottery. Approval of Budget Amendment #95-0177 - Parks Department The Commissioners approved the following Budget Amendment: 95-0177 - Parks Department Debit Credit Parks Department CAMA Grant - Riverside Park $14,213 Other Improvements $14,213 Purpose: Park. To increase the budget for grant awarded for Riverside Approval of Budget Amendment #95-0188 - Sheriff's Department The Commissioners approved the following Budget Amendment: 95-0188 - Sheriff's Department/Non-Departmental/New Hanover County Schools Capital Outlay Debit Credit $119,993 $ 19,993 $100,000 $100,000 $100,000 Sheriff's Department/Administration State Seizures (Gambling) Non-Departmental Transfer to Public Schools Public Schools Transfer-in from General Fund Contingency Purpose: To increase the Sheriff's Budget for money received from an illegal lottery. The Sheriff's Department seized $325,960.46 with $25,000 returned to the defendant and $180,968 budgeted for the purchase of 10 patrol cars. The Sheriff has requested a transfer of $100,000 to the New Hanover County Schools. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 683 Approval of Budget Amendment #95-48 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: 95-48 Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $8,111 Supplies $8,111 Purpose: To increase the budget for revenues received April 5, 1995, and April 24, 1995. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #95-49 - Sheriff's Department Debit Credit Controlled Substance Tax Controlled Substance Tax $1,511 Capital Outlay $1,511 Purpose: To increase the budget for additional revenues received in FY 1994-95. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment 95-0190 Department of Social Services The Commissioners approved the following Budget Amendment: 95-0190 Social Services/Administration/Foster Care/Community Alternatives Program Debit Credit Social Services/Administration DSS Administrative Grants $24,000 Capital Outlay $14,000 Social Services State & AFDC Foster Care AFDC Foster Care State Foster Home Fund SFHF/AFDC Supplement $10,500 $32,000 $33,500 Foster Home IVE (AFDC) Foster Care $64,000 $12,000 Social Services Community Alternatives Proqram Medical Supplies $10,000 Purpose: To budget new equipment for the JOBS Program from the State and additional programmatic State/Federal funds. No additional County funds are required. Approval of Budget Amendment #95-0196 - Health Department/WIC The Commissioners approved the following Budget Amendment: 95-0196 Health Department/WIC Debit Credit Health Department/WIC WIC Grant $10,886 Salaries & Wages Departmental Supplies $ 7,783 $ 3,103 Purpose: To budget additional State grant funds received because of a caseload increase in the WIC Program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 684 PRESENTATION OF 1995-96 BUDGET County Manager 0' Neal read the letter of transmittal and reported he was pleased to present a recommended budget for Fiscal Year 1995-96 with a proposed tax rate of 65 cents, which is a 3.5 cents increase over the current rate. In the current fiscal year, fund balance in the amount of $4,624,920 was budgeted to offset the shortfall in the Environmental Management Fund. The Board was informed that appropriating this amount of fund balance on a one- time basis would not hurt the financial health of the County, but it would not be in the best interest of the County to repeat appropriation of the fund balance at this level. The proposed budget will appropriate a fund balance of only $59,088. The transfer from the General Fund to the Environmental Management Fund will allow the tipping fee to remain at $30 per ton. It is anticipated this will provide an incentive for private haulers to dispose of their waste within the County. No one-half cent sales tax fund revenue is recommended to be transferred to the Environmental Management Fund. The portion of the one-half cent sales tax fund not designated for education will be transferred to the Water and Sewer District to help fund construction of the County's sewer system. The following maJor lssues were presented: GENERAL FUND Increase Public Schools Cape Fear Community College $2,654,206 $ 336,605 PERSONNEL ISSUES: Of the 45 positions requested, 35 positions are recommended as follows: positions Sheriff's Department 8 Emergency Medical Services Department 17 Veterans Service Office 1 Department of Social Services 8 Library 1 An amount of $1,140,993 is recommended for continuation of the merit program at 2% and a pay plan adjustment at 3% for deserving employees. An amount of $682,000 is recommended to fund the increased cost of the County's medical insurance plan. HUMAN SERVICES: continue to lncrease. presented: The County dollars for human service programs The following funding recommendations were Increase Southeastern Center for Mental Health Department of Social Services Health Department Department of Aging $ 818,132 $1,026,712 $ 738,876 $ 74,905 PUBLIC SAFETY: The Sheriff's budget will increase $1,043,115 in FY 1995-96 due to eight new positions being recommended plus an upgrade to the automated mug shot and records package. Funding for the Emergency Medical Services Department is expected to increase $675,673 due to adding a fourth shift and replacing equipment and vehicles. CULTURAL AND RECREATION: A reference Librarian position is being added at the main Library to assist with business-related reference. The Museum is bringing the Dinamation Exhibit back in April of 1996. The Parks Department is continuing to develop the Ogden and Castle Hayne Parks. A walking trail near the Senior Center is planned. Changes are being made in all County parks to comply with the Americans with Disabilities Act. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 685 ECONOMIC AND PHYSICAL DEVELOPMENT: The Planning Department continues the maintenance of the GIS System. The implementation of the orthophoto digitization effort, along with the 911 CAD system is proceeding well with assistance of the Tax Department, MIS, and the Sheriff's Department. OUTSIDE AGENCIES: The Human Services Allocation Advisory Committee formulated the funding recommendations for the outside human service agencies. The recommendations are within the total dollar amount allocated to these agencies in the current year, although there may be changes among individual agencies. All other outside agency contributions remain the same. Figures were presented on increased revenue of $3,442,463 due to the increased tax base and collection rate. The increase in the tax rate of 3.5 cents generates $2,949,800 which will cover most of the transfer from the General Fund to the Environmental Management Fund. One cent on the tax rate for FY 1995-96 is equal to $842,800. The increased revenue in the one cent sales tax between FY 1994-95 and FY 1995-96 is estimated to be $3,100,000. It should be noted that the FY 1993-94 receipts exceeded the amount budgeted ln FY 1994-95 by $257,463. A report was presented on the Environmental Management Fund, Emergency Telephone System Fund, Water and Sewer District, Fire Service District, and Capital Projects. A list of future concerns was presented: (1) The voters' decision on the consolidation lssue could have a major impact on future budgets. (2) If the consolidation issue is not approved by the voters, the City of Wilmington's actions as they relate to annexation will significantly affect future budgets. (3) The North Carolina General Assembly is considering several pieces of legislation, which may impact the County. (4) The County must continue to pay debt service on bonds the voters approved in recent referendums for the Museum, Senior Center, Parks, Cape Fear Community College and the Schools. The evolving capital needs must also be addressed. (5) The mandates and regulations that are passed by other levels of government will continue to impact future County budgets. (6) The Welfare Reform efforts at the federal and state level will impact County budgets and the citizens. (7) The County will continue to face the challenge of disposing of its waste in an environmentally and economically responsible manner. (8) The County must face, in a responsible and timely manner, the pressing need to provide the services and infrastructure to meet the projected growth. County Manager O'Neal expressed appreciation to the County employees for continuing to provide high quality service, and he requested the Board to schedule a Work Session to discuss the recommended budget. Consensus: It was the consensus of the Board to hold a Work Session on Tuesday, May 23, 1995, at 7:00 P.M. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, N. C. BREAK Chairman Greer called a break from 10:15 A.M. to 10:45 A.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 686 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Name Years of Service Sara T. Sholar, Inspections Department Wanda B. Coston, Planning Department Barbara T. Harts, Social Services Linda P. Alson, Register of Deeds 5 10 10 15 Chairman Greer, on behalf of the Board, presented service awards to these County employees ln recognition of their dedicated years of service. INTRODUCTION OF NEW COUNTY EMPLOYEES County Manager 0' Neal introduced the following new County employees: Renee' Mathews James Garrell Elizabeth Toney Phylis Locke S. Faith Evans Lana Watson Vivian Mears Arthur Malpass F. David Hardin Brenda Carter Marcy Criner Paul Susie Elections Environmental Management Finance (Water & Sewer) Finance (Water & Sewer) Finance (Water & Sewer) Human Resources Health Department Inspections Department Inspections Department N. C. Cooperative Extension N. C. Cooperative Extension Tax Department Chairman Greer, on behalf of the Board, welcomed the new employees to the County family and wished them well in their new careers. DISCUSSION OF THE DISTRIBUTION FORMULA FOR THE ROOM OCCUPANCY TAX FUND Mr. Herb McKim, Mayor of Wrightsville Beach, reported after working 40 years to support the development and promotion of tourism in New Hanover County, he was not opposed to funding tourism, but he was opposed to changing the current distribution formula for the Room Occupancy Tax because of the following concerns: (1) New information has been received from the U. S. Army Corps of Engineers that will change the manner in which beach renourishment and non-significant inlets will be treated in the next two bienniums. In 1997, beach renourishment projects now in process will be allowed to continue, but future projects that cannot demonstrate a multi-state benefit will be eliminated from the work plan. (2) The current funding for beach renourishment is 75% federal with a 25% match from the state and local government. After FY 1998, the federal funding will be 25% with a 75% match from the state and local government. Even though all three beach renourishment proj ects in New Hanover County are properly authorized and will be continued, the funding could be reversed to the 25% federal and 75% state and local. (3) Non-essential inlet dredging, which provides sand for the beach renourishment proj ects, will be discontinued in FY 1998. (4) The major issue to be considered is Senate Bill 472, introduced by Senator R. C. Soles, that would require 67% of the Room Occupancy Tax proceeds to be used for the promotion of tourism and only 33% for beach renourishment. Any NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 687 legislation passed after March 1, 1995, that would revise the distribution of the Room Occupancy Tax would be subject to Senate Bill 472. In summary, the Commissioners were requested to rescind the resolution adopted on March 20, 1995, which changed the distribution of the Room Occupancy Tax from 75% to 60% for beach renourishment. Emphasis was placed on the need to protect our beaches, which is the primary reason that people visit our area. Ms. Betty Medlin, the Mayor of Kure Beach, explained that she was ln a difficult position since she was the Mayor of Kure Beach, a member of the Convention and Visitors Bureau Board of Directors, and the owner of a motel at Kure Beach. She reported after attending the meeting at UNC-W she felt beach renourishment projects would be in jeopardy because of the drastic changes in beach renourishment policies for the U. S. Army Corps of Engineers. Emphasis was placed on the importance of the three beaches to the tourism industry and the possibility of New Hanover County falling under the uniform occupancy tax legislation introduced by Senator R. C. Soles. The Commissioners were requested to allow the current distribution of the Room Occupancy Tax proceeds to remain unchanged at 75% for beach renourishment and 25% for tourism. Mr. Dave Sheu, President of the Cape Fear Coast Convention and Visitors Bureau, requested the Commissioners to support the resolution adopted on March 20, 1995, redistributing the proceeds collected from the Room Occupancy Tax to 60% for beach renourishment and 40% to the Convention and Visitors Bureau. He reported since the inception of the Room Occupancy Tax, over 46% of the total collections had come from taxable accommodations in the City and County, not the three beach communities. with more money to advertise and promote the area, the Room Occupancy Tax proceeds will generate more funds for beach renourishment. Without additional funds to promote and advertise the area, the County will not be able to remain competitive with surrounding tourist attractions. The tourism industry provides 4,000 jobs with a $50 million payroll generating $8 million in State sales tax and $6 million in local tax receipts. For every dollar collected and reinvested in travel promotion, five new tax dollars are generated. In summary, the 60/40 split will provide for a flourishing tourism industry which will in the long-term provide more funds for future beach renourishment projects. Mr. Louise McColl, past Chairman of the Convention and Visitors Bureau, requested the Commissioners to allow the resolution adopted on March 20, 1995, to remain in force. She presented resolutions and endorsements from agencies and businesses in favor of the proposed 60/40 change and reported the tourism tax was established by the General Assembly to promote tourism in North Carolina. Emphasis was placed on the importance of tourism to New Hanover County and the need to provide enough funds to advertise and promote the many attractions throughout the area. The members of the Convention and Visitors Bureau Board of Directors are supportive of beach renourishment, but feel the promotion of tourism is the only way to guarantee future funds for beach renourishment projects. Ms. McColl read a letter from the Mayor of Carolina Beach, Toni Loreti, expressing opposition to Senate Bill 472 and supporting the proposed 60/40 change in the distribution formula of the Room Occupancy Tax. Motion: Chairman Greer MOVED to rescind the resolution adopted on March 20, 1995, and allow the distribution of the Room Occupancy Tax Fund to remain unchanged at 75% for beach renourishment and 25% for tourism. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 688 Chairman Greer requested the members of the Convention and Visitors Bureau Board of Directors to oppose Senate Bill 472 and continue to monitor the bill. ADOPTION OF RESOLUTION SUPPORTING A LOCAL BILL ENTITLED, "AN ACT RELATING TO THE TITLE TO THE LAND BUILT UP AND CONSTRUCTED IN THE TOWN OF KURE BEACH AND VICINITY IN THE COUNTY OF NEW HANOVER AS A RESULT OF CERTAIN EROSION CONTROL WORK IN SAID TOWN AND AREA IN THE PROJECT KNOWN AS "CAROLINA BEACH AND VICINITY AREA SOUTH" Kure Beach Town Attorney, Andy Canoutas, requested the Commissioners to adopt a resolution of support for a local bill to address title issues that may result from beach erosion projects by the Town of Kure Beach and adjoining areas of the unincorporated County. He reported the Act would set forth a statute of limitations for a period of six months in which landowners would have to file suit or present claims for land taken by a beach renourishment project. County Attorney Copley reported if the Court determines that any compensation is due a landowner from the County, such payment could be made from the Beach Renourishment Fund. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the resolution of support for the local bill. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 35. CONSIDERATION OF A NEW ORDINANCE TO OBTAIN METERED ELECTRICAL SERVICE PRIOR TO THE CERTIFICATE OF OCCUPANCY TO AMEND CHAPTER 5, ARTICLE IV OF THE NEW HANOVER COUNTY CODE Mr. Dan Siebert, a representative of Landmark, Inc., requested the Commissioners to adopt an ordinance to allow developers or builders to obtain metered electrical service prior to the Certificate of Occupancy. He reported the use of metered temporary construction power in a house as soon as safety permits, would facilitate more expeditious inspections, cleaning, and punch-out items as well as improve the County's control over homes receiving the Certificate of Occupancy prior to occupancy. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt a new ordinance that would allow metered electrical service prior to the Certificate of Occupancy. The floor was opened for discussion. Commissioner Sisson inquired as to whether there was a provision to permanently disqualify a person if the ordinance was violated more than one time? Attorney Copley advised that language could be included in the ordinance to state that, "after a second offense, the builder/developer would be disqualified from being able to participate in the program at the discretion of the Inspections Department." County Manager O'Neal expressed concern for the discretionary statement relative to the Inspections Department and recommended removing this language. Vice-Chairman Mathews AMENDED HIS MOTION, SECONDED by Commissioner Caster to add the following statement to the ordinance: "After a second offense, the builder/developer would be disqualified from being able to participate in the program". Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 689 Chairman Greer Voting Nay: Commissioner Barone Commissioner Barone stated, for the record, she was not opposed to the ordinance; however, she voted "no" to provide another opportunity for the public to comment before final adoption of the ordinance. The ordinance will requlre a second reading on June 5, 1995. WITHDRAWAL OF REQUEST TO FILE RESPONSIBLE FATHERHOOD GRANT PROPOSAL BY THE DEPARTMENT OF SOCIAL SERVICES County Manager O'Neal reported the Director of Social Services, Wayne Morris, had withdrawn this item due to recently learning that the "Fatherhood Grant Program" had to be for a two- year period instead of one year, which would allow the Department of Social Services to perform an effective job under the proposed budget. APPROVAL OF REVISED STATEMENT OF PURPOSE FOR THE CAPE FEAR MUSEUM Museum Director, Janet Seapker, presented the following revised Statement of Purpose for the Cape Fear Museum and requested the Commissioners to approve the following statement: "Cape Fear Museum collects, preserves and interprets objects relating to the history, science and cultures of the Lower Cape Fear, and makes those objects and their interpretation available to the public through educational exhibitions and programs. " Commissioner Barone requested an explanation of "those obj ects and their interpretation" in the third sentence. Museum Director Seapker reported in order to convey something about an object rather than allow the visitor to provide their own interpretation, it was a standard museum practice to provide the interpretation of the object as to the significance of the object, who owned the object, who made the object, and any other pertinent background information. Commissioner Barone commented on the recent interpretation by the Smithsonian Museum when presenting the Enola Gay exhibit and explained the reason for the question was to be sure this type of misinterpretation did not occur at the Cape Fear Museum. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt the revised Statement of Purpose for the Cape Fear Museum as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF REVISED COLLECTION POLICY FOR THE CAPE FEAR MUSEUM Museum Director, Janet Seapker, reported the long-range plan for the Cape Fear Museum requires the Museum to seek accreditation from the American Association of Museums. During an examination of the Collection Policy, it was found areas of the policy needed clarification and new language. She reported the only substantive changes were on Page 5 under the Outgoing Loan Policy which had been revised by new language to eliminate the possibility of loans to individuals or "for-profit" organizations. Director Seapker reported the Museum Board of Trustees had adopted the revised Collection Policy on April 6, 1995, and she requested approval by the Board of County Commissioners. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the revised Collection Policy for the Cape Fear Museum as approved by the Museum Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 11:35 A.M. until 11:47 A.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 690 AUTHORIZATION FOR FILING OF THE FY 1995-96 CRIMINAL JUSTICE PARTNERSHIP GRANT APPLICATION Deputy County Manager, Andrew J. Atkinson, requested the Commissioners to approve the filing of the FY 1995-96 Criminal Justice Partnership grant application in the amount of $156,000. The funds will be used to establish a Day Sentencing Center to enable judges to use this facility as a way to insure that offenders not eligible for incarceration under the present sentencing structure will receive punishment. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to authorize the filing of the FY 1995-96 Criminal Justice Partnership grant application. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer CONSIDERATION OF REQUEST BY CAPE FEAR RESOURCE CONSERVATION AND DEVELOPMENT, INC. FOR CLERICAL ASSISTANCE County Manager 0' Neal reported Cape Fear Resource Conservation and Development, Inc., a 501(C)3 non-profit corporation serving Brunswick, Columbus, New Hanover and Pender counties, has requested the County to provide them with clerical assistance. The individual currently providing clerical assistance is a temporary clerical employee who works twenty (20) hours a week in the Keep America Beautiful program. Approval of the request will increase the hours from twenty (20) to forty (40) with the position remaining temporary. Funding for the additional hours will be paid by Cape Fear Resource Conservation and Development, Inc. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the contract with Cape Fear Resource Conservation and Development, Inc. and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF LIBRARY AUTOMATION UPGRADE Mr. Harry Tuchmayer, Assistant Library Director, requested the Commissioners to grant authorization for the New Hanover County Public Library to apply for a LSCA Automation grant in the amount of $46,578 to update the library software from the County's mainframe computer to an RS6000 unit. The project cost is $120,140 with $46,578 budgeted in the FY 1995-96 to cover a part of the County's match. An additional $27,984 will have to be appropriated during FY 1996-97 if the grant is awarded. The Commissioners were requested to approve filing of the grant application. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to authorize the Library to file an application for the LSCA Automation grant. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Bicycle Advisory Committee Chairman Greer announced that two members of the Bicycle Advisory Committee, Bob Jamieson and Dr. Richard Tamisiea had resigned and reported two vacancies exist with two applications received in the names of Sally Meserole and Paula Drake Smith. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to appoint Sally Meserole and Paula Drake Smith to serve three-year terms on the Bicycle Advisory Committee with the terms expiring May 31, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 691 Appointments to the New Hanover County Commission for Women Chairman Greer announced there were six vacancies on the New Hanover County Commission for Women and reported eight applications had been received with one member, Judith P. Moore desiring to be reappointed. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to reappoint Judith P. Moore to serve a three-year term on the New Hanover County Commission for Women with the term to expire on May 31, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations. Commissioner Caster nominated Delores M. Williams. The nomination was seconded by Commissioner Barone. Commissioner Barone nominated Edith A. Waltman. The nomination was seconded by Commissioner Caster. Commissioner Caster nominated Lois Hart. seconded by Chairman Greer. The nomination was Commissioner Barone nominated Lois Nall. seconded by Commissioner Sisson. The nomination was Commissioner Caster nominated Eve J. Williams. The nomination was seconded by Commissioner Sisson. There being no further nominations, Chairman Greer declared the nominations closed and called for a vote on the five nominees. Vote: Upon vote, THE MOTION CARRIED UNANIMOUSLY to appoint Delores M. Williams, Edith A. Waltman, Lois Hart, Lois Nall, and Eve J. Williams to serve three-year terms on the New Hanover County Commission for Women with the terms expiring May 31, 1998. Appointments to the Domiciliary Home Community Advisory Committee Chairman Greer announced there were three vacancies on the Domiciliary Home Community Advisory Committee and four applications had been received. He reported Ms. Jane Johnson and Ms. Louise C. Siler were eligible for reappointment and desire to be reappointed. Also, Ms. Dolly Mack has served the initial one-year term and desires to be appointed to serve a three-year term. Chairman Greer opened the floor to recelve nominations. Vice-Chairman Mathews nominated Jane B. Johnson for reappointment. The nomination was seconded by Commissioner Barone. Commissioner Caster nominated Louise C. Siler and Dolly Mack for reappointment. The nomination was seconded by Commissioner Sisson. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, the MOTION CARRIED AS FOLLOWS to reappoint Jane B. Johnson, Louise C. Siler, and Dolly Mack to serve three-year terms on the Domiciliary Home Community Advisory Committee with the terms expiring May 31, 1998: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Discussion was held on the application received from Fred Spain, and it was the consensus of the Board to authorize the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 692 Chairman to write a letter to Mr. Spain to encourage him to keep his application on file. Appointment to the Nursing Home Advisory Committee Chairman Greer announced that one vacancy needed to be filled on the Nursing Home Advisory Committee and that one application had been received in the name of Eileen B. Rock. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to appoint Ms. Eileen B. Rock to serve a three-year term on the Nursing Home Advisory Committee to expire May 31, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. RATIFICATION OF APPOINTMENTS TO THE SOUTHEASTERN CENTER BOARD Commissioner Sisson advised the Board that N. C. General Statutes authorize the three County Commissioners representing the counties of Brunswick, New Hanover, and Pender to appoint and reappoint members. He requested the Board to ratify the reappointment of Dr. Charles R. Vernon and Reverend James Gray to serve on the Southeastern Center Board of Directors. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to ratify the reappointments of Dr. Charles R. Vernon and Reverend James Gray to serve four-year terms on the Southeastern Center Board of Directors with terms expiring on May 31, 1999. The floor was opened for further discussion. Commissioner Barone expressed concern for the County Commissioners not appointing the members and requested an explanation of why this procedure had been changed? Commissioner Sisson explained the State Statutes clearly provide authority for the Commissioners representing the various counties to appoint and dismiss members on the Southeastern Board of Directors. Traditionally, these appointments had been ratified by the Board of County Commissioners; however, under State Statutes, the appointments do not require ratification. Commissioner Barone reported she felt the statute should be amended. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF FINANCING PLAN FOR CONSTRUCTION OF THE NORTHSIDE WASTEWATER TREATMENT PLANT AND ASSOCIATED INTERCEPTORS County Manager O'Neal commented on the need to move forward with financing and construction of the Northside Wastewater Treatment Plant and requested the Commissioners to approve the financing plan through Certificates of Participation. Commissioner Barone inquired as to how the wrap-around financing would occur? Mr. David Fischer, a representative of Cragie, Inc., reported wrap-around financing was a process that provided flexibility in structuring the debt service. The decision to use this option is made as the County works through the financing process to determine what is best from a cash flow point of view. The County will be working with the Local Government Commission to develop a wrap- around financing arrangement around the time when the Certificates of Participation are sold. Commissioner Barone expressed concern for Certificates of Participation as a method of financing because the public was removed from the entire process. Discussion was held on the difference between general obligation bonds and Certificates of Participation. Deputy County Manager, Andrew J. Atkinson, reported when selling general NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 693 obligation bonds, the County pledges the full faith and credit of the County; whereas, the collateral for the Certificates of Participation is the project itself, such as the Northside Wastewater Treatment Facility. Repayment of the debt service would come from the New Hanover County Water & Sewer District through the half-cent sales tax and impact fees. Discussion was held on whether the County would have to continue financing through the Certificates of Participation on future projects. Deputy County Manager Atkinson responded this would be an option; however, other financing scenarios could be considered. Discussion was held on the number of projects being considered. Deputy County Manager Atkinson reported the Ogden Interceptor, Northside Wastewater Treatment Plant and NorthChase Interceptor. Commissioner Sisson expressed concern for the proposed proj ect encompassing sewer only and not addressing the infrastructure needs that will be created because of the sewer expansion, such as drainage, new schools, water resources, and roads. He stressed the importance of realistically informing the taxpayers about future costs with adoption of the proposal being presented. Commissioner Barone explained the project would not be obligating the total assets of the County and stated, in her opinion, the construction of the Northside Wastewater Treatment Plant had been delayed far too long. Commissioner Sisson reported he was not opposed to construction of the Northside Wastewater Treatment Plant; however, he would not vote on further expansion until all other infrastructure needs had been addressed. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to proceed with Certificates of Participation for financing the proj ect as presented by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O'Neal reported Staff would be glad to present an overview of the future impact of development on the infrastructure needs after a Staff Meeting in July. Chairman Greer reported the first three projects were badly needed at this time; however, he would prefer to wait until after the consolidation vote before discussing the future impact of development on infrastructure needs. After discussion of the consolidation issue not changing the impact of future development on infrastructure needs, it was agreed to schedule a Work Session after a Staff Meeting in July. Discussion of Impact Fees Chairman Greer reported some representatives of the Builders Association were present and would like to present comments on current impact fees. Home some Mr. Terry Bache, representing the Home Builders Association, explained that builders and developers throughout the County were aware of the need to address infrastructure needs with future development; however, the Association would not support an increase in impact fees which would place the cost of growth on new homeowners. The Association feels sewer facilities and services should be paid for by everyone who uses the service. The idea of subsidizing existing users by charging new users increased impact fees is wrong, and hopefully the Commissioners will develop a system that will charge every user for the services being received. Also, the Home Builders Association is concerned about the operation of the sewer system being in a deficit condition and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 694 feels consideration should be given to developing a method of operation that will pay for itself. Chairman Greer responded that the Water & District could operate the current sewer system with the present number of users; however, with additional demands because of new development, the system has to be expanded and financed to accommodate this growth, which is the purpose for charging impact fees. Mr. Bache disagreed with the Chairman and reported part of operating the system was to fund repair and maintenance, including expansion. When the original system was planned and constructed, an impact fee was not used. The Association feels the system is beneficial to everyone and all users should pay for the system. After further discussion, it was agreed to schedule a special meeting within the next two months to discuss impact fees. Staff was directed to be sure that proper notification was given the public, developers, and builders when a date was established. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY BOARD OF EQUALIZATION & REVIEW Chairman Greer convened from Regular Session at 12:30 P.M. Chairman Greer reconvened to Regular Session at 4:40 P.M. 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 4:41 P.M. Chairman Greer reconvened to Regular Session at 4: 51 P.M. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEMS REMOVED FROM THE AGENDA Deferral of Consent Agenda Item #9, Airport Lease Amendment (Contract # AIR 89-0160A) Commissioner Barone recommended deferring action on the amendment to the Airport Lease until a decision had been made about the possible use of a site at the Airport for the Northside Wastewater Treatment Plant. This would allow for both items to be considered at the same time with the lease being amended only once. County Attorney Copley reported she did not feel deferring action on the lease amendment would be a problem. Consensus: It was the consensus of the Board to defer action on amending the Airport lease agreement. Award of Contract 95-0312 to EnviroPlan for Performance of Quarterly Maintenance of the Continuous Emissions Monitoring System at the WASTEC Facility Commissioner Barone inquired as to whether the emlSSlons monitoring was a federal mandate? Director of Environmental Management, Ray Church, reported the County was required to perform the monitoring as part of the permit requirement. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve a contract with EnviroPlan, Inc. in the amount of $35,878.50 for Quarterly Maintenance/RATA/CGS/Opacity Audit Services for a period of one year. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 695 Approval of Recommendations by the Human Services Allocation Advisory Committee for FY 1995-96 Community Based Alternatives (CBA) Funding Commissioner Barone expressed concern for approvlng the funding recommendations presented by the Human Services Allocation Advisory Committee and stated she was not in agreement with many of the recommendations. County Manager O'Neal advised the Board that Staff was only requesting approval of the Community Based Alternatives funding allocations, not funding for the outside agencies. Commissioner Barone inquired as to why no funding was recommended for the Youth Connection? Budget Director, Cam Griffin, responded the funding request was late. Commissioner Sisson reported the new director of the Youth Connection was not aware of the deadline for filing the funding application. He expressed concern for the Youth Connection receiving no funding when there is a waiting list of children in need of service. Budget Director, Cam Griffin, explained that several of the CBA agencies receive money from the County's general fund as well as from State CBA funds. She reported $30,000 had been appropriated from the general fund in the proposed FY 1995-96 Budget for the Youth Connection. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the CBA funding recommendations for FY 1995-96 as presented by the Human Services Allocation Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Budget Amendment 95-47 for Airport Burn pit Chairman Greer requested an explanation of the budget amendment. Budget Director, Cam Griffin, explained the budget amendment was to increase the budget to the actual amount of the agreement with the EPA for oversite costs and sewer fees being charged by the City. Chairman Greer requested an explanation of the sewer fees being charged by the City. Director Church responded the City charges an impact fee, a permit fee, a facility fee, a connection fee, a sewer fee of $2.37 per 100 cubic feet, and a sewer charge on total suspended solids. The total charge over a period of five years is $166,983. County Manager 0' Neal reported a draft letter was being prepared to request the City to reduce these fees. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 95-47 Burn pit Capital Project Debit Credit Burn pitt Capital Prolect Contribution from City Contribution from CFCC Contribution from Corps of Engineers Transfer-in from General Fund $170,850 $170,850 $170,850 $ 17,480 Contracted Services EPA Oversite $166,983 $328,087 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 696 Approval of Budget Amendment #95-0191 - Register of Deeds Chairman Greer asked why installment loans were used for Budget Amendments H, I, J, and K? County Manager O'Neal responded that Staff had been trying to avoid the use of installment loans and reported no installment loans were included in the FY 1995-96 Budget. Commissioner Barone strongly obj ected to using installment loans for small purchases and requested this practice to be discontinued. Chairman Greer agreed with Commissioner Barone and stated small purchases of this type should never be financed through installment loans. Motion: Commissioner Barone reported she would MOVE to approve Budget Amendments H, I, J, and K, but reiterated, she would never again approve financing items of this size through installment loans. The MOTION WAS SECONDED by Commissioner Caster. Upon vote, the MOTION CARRIED UNANIMOUSLY. 95-0191 Register Deeds/MIS Debit Credit Reqister of Deeds Installment Loan Proceeds $18,100 Capital Outlay $18,100 MIS Installment Loan Proceeds $16,188 Departmental Supplies Capital Outlay $ 620 $15,568 Purpose: To record the installment purchase with accounting purposes only) . purchase of First Union equipment through an National Bank. (For 95-0192 Environmental Management Debit Credit Environmental Manaqement Fund Installment Loan Proceeds $32,123 WASTEC-Administrative Capital Outlay $25,309 WASTEC-Maintenance Departmental Supplies Capital Outlay $ 2,699 $ 4,115 Purpose: To record the installment purchase with accounting purposes only) . purchase of First Union equipment through an National Bank. (For 95-0193 Environmental Management Fund/Administration/Recycling Debit Credit Environmental Manaqement Fund Installment Loan Proceeds $29,197 Administration Capital Outlay $ 5,489 Recyclinq Motor Vehicle Purchases $23,708 Purpose: To record the installment purchase with accounting purposes only.) purchase of First Union equipment through an National Bank. (For NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 697 95-0194 Cape Fear Community College Debit Credit Cape Fear Community Colleqe Installment Loan Proceeds $465,000 Land Costs $465,000 Purpose: To record the purchase of property at 700 North Front Street through an installment purchase with First Citizens Bank & Trust Company. (For accounting purposes only.) Discussion and Approval of Budget Amendment #95-0195 Chairman Greer expressed concern for monies being removed from the Fund Balance without approval by the Board of County Commissioners. He, also, expressed concern for purchasing the building located at 402 Chestnut Street and learning today that an additional $43,000 would be needed to renovate the building. County Manager O'Neal responded that most of the items had been presented to the Board. Chairman Greer, again, expressed concern for these items not being budgeted at the time of approval and requested Staff to include all costs involved with future purchases and renovations of buildings. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment: 95-0195 County Commissioners/Property Management Debit Credit County Commissioners Appropriated Fund Balance $284,500 Property Manaqement Other Improvements $284,500 Purpose: To appropriate fund balance for building modifications listed below due to relocating County Staff, replacing the Library's roof, and demolishing the old Animal Control Building. Administration Building/5th Floor Renovations Property Management (220 Division Drive) Inspections & Planning Departments Property located at 402 Chestnut Street Human Resources & MIS Library Roof Old Animal Control Building (Demolish) Total $ $ $ $ $ 38,000 $130,000 $ 38,500 $284,500 3,000 24,000 8,000 43,000 ADDITIONAL ITEMS - COUNTY COMMISSIONERS Consideration of Funding Request for the 1995 Greater Wilmington Chamber of Commerce Legislative Education Weekend Scheduled for June 2-4, 1995 Chairman Greer reported the County had been requested to contribute to the 1995 Greater Wilmington Chamber of Commerce Legislative Education Weekend scheduled for June 2-4, 1995. He requested direction from the Board. Motion: After discussion of the County approving funding for the preVlOUS Legislative Weekend, Chairman Greer MOVED, SECONDED by Commissioner Barone to approve a funding request in the amount of $1,500. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Resolution of Appreciation to the Union of Myanmar Chairman Greer requested adoption of a resolution to express appreciation to the Union of Myanmar for donating teak wood to restore the deck on the U.S.S. North Carolina Battleship Memorial NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15, 1995 BOOK 24 PAGE 698 in recognition of its major role ln liberating the Pacific during World War II. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to adopt the resolution and present a small gift as requested. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson Commissioner Sisson reported, support this particular government a Noble Peace Prize Winner and citizens. for the record, he could not because of its imprisonment of its brutal repression of its Discussion of State Probation Office Commissioner Sisson reported on an incident where a mother was forced to quit her job because of Court ordered therapy sessions and meetings with the probation Officer between the hours of 3:30 P . M. to 5: 00 P . M. on Tuesdays, Wednesdays, and Thursdays. He stressed the importance of the probation Office providing more flexible hours to working parents. Discussion of Porters Neck Fire Station Commissioner Sisson commented on an agreement reached between the County and the Ogden Volunteer Fire Department for joint tenancy of the building and reported the Ogden Volunteer Fire Department is now questioning the arrangement. The Commissioners were requested to uphold the joint agreement as negotiated. Discussion of Report on Recent School Tour Vice-Chairman Mathews inquired as to whether a report had been prepared on the recent tour of the schools by members of the County Staff? Budget Director Griffin presented an overview of the tour and reported Dr. Martin focused on the poor conditions of the schools, not on the schools that had been repaired. County Manager O'Neal responded he would like to schedule an unannounced visit to the schools before having Staff members to prepare a report. He informed the Board that Dr. Martin would be informed about the visit on the morning of the tour. ADDITIONAL ITEMS - COUNTY MANAGER Report on Household Hazardous Waste Collection Event Director of Environmental Management, Ray Church, commented on the success of the household hazardous waste collection event held on May 14, 1995, and reported the following items were collected: 880 gallons of waste motor oil; 148 gallons of anti-freeze; a 40 yard container of cardboard; 800 scrap tires; 1,500 gallons of paint; 55 gallon drum of household batteries; and 311 lead acid car batteries. Commissioner Sisson commented on the success of the event and reported many people would like for another event to be scheduled. ADJOURNMENT Chairman Greer adjourned the meeting at 5:50 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board