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HomeMy WebLinkAbout1995-07-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 818 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 17, 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 Reverend Bob Bardin, Pastor of St. Presbyterian Church, gave the invocation. Andrews Covenant 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: Comments on the Impact to the Wrightsboro Community with Selection of the Southern Alternative Mr. Jimbo Fox requested the Commissioners to adopt a resolution in opposition to both the Southern and Northern Alternatives with the recommendation that the N. C. Department of Transportation consider placing the route further north, perhaps into the Hampstead area. He requested that a copy of the resolution be forwarded to Governor James B. Hunt, Jr. and Secretary of Transportation, Sam Hunt. Commissioner Sisson commented on the Northern Alternative being eliminated and reported he was not sure why the Southern Alternative was the preferred route. As stated previously by Ms. Trudy van Luyn at the meeting held on July 5, 1995, the Federal Government does not view diversion of local traffic as a viable reason for the location of a federal bypass. He stated if federal highway funds are going to be used in the project, he would like to see a more northerly route studied. Commissioner Barone announced that a meeting of the Transportation Advisory Committee was scheduled for Wednesday, July 19, 1995, at 5:00 P.M., in the Small Conference Room of the City Hall, and she requested Mr. Fox and his supporters to attend the meeting and express their concerns. Mr. Fox responded the N. C. Department of Transportation was determined to select the Southern Alternative as the preferred route. He reported the citizens in the Wrightsboro Community had not been able to reach the persons at the top level of State government; therefore, no one knew whether Governor Hunt was aware of their concerns. He requested the Commissioners to provide some assistance in being sure the Governor knew about the Board's opposition to the proposed Southern Alternative as well as the many concerns that had been expressed by the citizens living in the Wrightsboro area. vice-Chairman Mathews inquired as to whether the citizens of Wrightsboro had been in contact with the Secretary of Transportation, Mr. Sam Hunt, or the Deputy Secretary of Highways, Garland Garrett? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 819 Mr. Fox responded that dialogue had occurred with Mr. Garrett; however, he had been extremely blunt and expressed very little concern about the adverse impact of the Southern Alternative on the Wrightsboro Community. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to authorize the Chairman to write a letter to Governor James B. Hunt requesting the Governor to arrange a meeting between the residents of the Wrightsboro Community and officials of the N. C. Department of Transportation for the purpose of providing an opportunity for these residents to express their concerns about the Southern Alternative. A copy of the letter is to be forwarded to the Secretary of Transportation, Sam Hunt, and Deputy Secretary of Highways, Garland Garrett. Upon vote, the MOTION CARRIED UNANIMOUSLY. Concern Expressed for the City of Wilmington Charging Exorbitant Fees to County Schools for the Use of Legion Stadium Mr. Ed Lamica, a citizen of New Hanover County, expressed concern about the City charging exorbitant fees to the schools for the use of Legion Stadium. He urged the Commissioners to become involved in the process to ensure that students will be able to play sports at Legion Stadium. He emphasized the importance of students being given an opportunity to learn the value of sportsmanship as well as leadership through competitive sports. Chairman Greer reported a City Councilmember had planned to make a proposal to resolve the conflict between the Board of Education and the City of Wilmington at its meeting scheduled for tomorrow night. He expressed appreciation to Mr. Lamica for his comments and reported hopefully this matter would be resolved. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Item #3 for further discussion. Commissioner Sisson commented on road petitions being based on standards by the N. C. Department of Transportation and advised a proposal had been made by the developers to allow the State to receive these proposals at the beginning of a construction project instead of waiting until after completion of a subdivision before petitioning to the State. He asked the County Attorney if this procedure would be legally acceptable? County Attorney Copley advised that since State law governed the road program for counties she would prefer to check into the proposal before responding to the question. She informed the Board that a written response would be prepared and distributed to each Commissioner. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to remove Consent Agenda Item #3 for further discussion, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of June 19, 1995, and Consolidation Study Commission meeting of June 22, 1995, as presented by the Clerk to the Board. Adoption of Resolution to Add Antelope Trail Drive in Fawn Creek Subdivision to the State Highway System The Commissioners adopted a resolution to add Antelope Trail Drive in Fawn Creek Subdivision to the N. C. State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 39. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 820 Release of Tax Value The Commissioners released certification penalties following taxpayers since this was the first offense: on the william Aaron Gasperson, Jr. Thomas James Muno, Sr. Howard Lee Whiteted Howard Lee Whiteted, Sr. $100 $100 $100 $100 The Commissioners approved delinquent application exemptions from the property tax for the following organizations: Warner Temple AME Zion Church RO-4809-023-003-000 RO-4809-023-015-000 RO-4917-004-020-000 willow Pond Limited Partnership Release of Tax Collection Reports Through June 30, 1995 The Commissioners approved the following Tax Collection Reports through June 30, 1995, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the Tax Collections Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 39. Acceptance of Grant for the Retired Senior Volunteer Program (RSVP) ACTION Grant for FY 1995-96 The Commissioners accepted the Retired Senior Volunteer Program ACTION Grant for FY 1995-96 in the amount of $47,543. The County's contribution is $42,871, which has been budgeted in the RSVP's 1996 budget. This grant supports funding for 600 volunteers working in 60 stations in New Hanover County. The County Manager was authorized to execute the grant documents. A copy of the grant application is on file ln the Finance Department. Approval of Budget Amendment #96-0001 - Cape Fear Museum The Commissioners approved the following Budget Amendment: 96-0001 - Museum Debit Credit Museum Grassroots Science Grant $5,000 Museum Contract Service printing Supplies $3,000 $1,000 $1,000 Purpose: To establish a budget for the Grassroots Science Grant awarded to the Cape Fear Museum. Funds were appropriated by the General Assembly and distributed by the N. C. Museum of Natural Sciences. The Commissioners approved filing of the grant application on February 21, 1995, and accepted the grant award on July 5, 1995. Approval of Budget Amendment 96-01 - Federal Forfeited Property The Commissioners approved the following Budget Amendment: 96-01 - Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $10,700 Federal Forfeited Property Supplies $10,700 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 821 Purpose: To increase the budget for additional revenue received. 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 #96-02 - Animal Control Facility The Commissioners approved the following Budget Amendment: 96-02 - Animal Control Facility Debit Credit Animal Control Facility Sales Tax Refund $1,800 Animal Control Facility Capital Project Expense $1,800 Purpose: To budget additional sales tax earned on the project. Approval of Budget Amendment #96-03 - Controlled Substance Tax The Commissioners approved the following Budget Amendment: 96-03 - Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $25,481 Controlled Substance Tax Supplies $25,481 Purpose: To budget additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-04 -Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-04 - Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $999 Federal Forfeited Property Supplies $999 Purpose: To budget additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Renewal of Contract #95-0401 with the State of North Carolina for Lease of the New Hanover Regional Juvenile Detention Center - Consent Agenda Item #3 Chairman Greer expressed concern for providing maintenance of the building and charging the State only $1.00 per year to lease the building. He recommended approving the current contract for FY 1995-96, and suggested that maintenance of the building be turned over to the State for FY 1996-97. After discussion, the County Manager was requested to notify the State in advance that changes would be made in the lease agreement for the next budget year. Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to renew the contract with the State of North Carolina for lease of the New Hanover Regional Juvenile Detention Center for one-year effective July 1, 1995, through June 30, 1996. 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, JULY 17, 1995 BOOK 24 PAGE 822 PRESENTATION OF SERVICE AWARDS TO NEW HANOVER COUNTY EMPLOYEES County Manager O'Neal requested the following employees to step forward to receive service awards: Name Years of Service 5 10 15 20 20 Frankie L. Carter, Inspections Joyce A. DeShields, Health Department patricia A. Melvin, County Manager's Office Susan M. O'Brien, Health Department Mellonice Williams, Social Services Chairman Greer, on behalf of the Board, presented service awards and expressed appreciation to these County employees for their years of dedicated service. INTRODUCTION OF NEW EMPLOYEES County Manager O'Neal introduced the following new employees: Gwen Miller, Inspections Department Greg Thompson, Inspections Department Susan Gantt, Management Information Services Michael Malone, Management Information Services Sherry Smith, Social Services Cheryl Thompson, Social Services Chairman Greer, on behalf of the Board, welcomed the new employees to County government and wished them success in their new positions. PRESENTATION ON THE IMPACTS OF GROWTH ON INFRASTRUCTURE CAPACITY IN NEW HANOVER COUNTY Planner I, Chris 0' Keefe, commented on the extraordinary growth in New Hanover County since 1990 and presented the following report: Cost for School Construction: The North Carolina Department of Public Instruction provides cost estimates for school construction for areas throughout the state. Estimates take into account regional variations in land value and construction costs. The following chart was presented comparing development costs for a high school, middle school and elementary school in New Hanover County. Data for the elementary school was taken from recent bids for construction of the North Elementary School and South/Central Elementary School. Currently, there are approximately .4 school aged (grades K-12) children per household in New Hanover County. The following statistics were presented: Elementary School for 600 Students: 63,000 square-foot building at a total cost of $5,307,567; a cost of $8,846 per student; 4,280 dwelling units per school at a cost of $1,240 per household. Middle School for 650 Students: 86,450 square-foot building at a total cost of $10,144,186; a cost of $15,606 per student; 5,760 for the dwelling units per school at a cost of $1,761 per household. Hiqh School for 1,500 Students: 237,595 square-foot building at a cost of $22,851,553; a cost of $15,234 per student; 12,539 dwelling units per school at a cost of $1,822 per household. Sewer System Costs for New Hanover County Previous funding for a $60 million dollar county-wide sewer system has been depleted. Currently, the County is planning construction of a Northside Wastewater Treatment Plant with a four million gallon per day capacity at a cost of approximately $12,000,000. When completed, it is estimated the plant will serve 13,000 households at approximately 300 gallons per day at a cost of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 823 $3.00 per gallon or $900 per household. The County presently charges $375 per new household for treatment capital costs. Although treatment is the largest single capital cost in sewer provision, the greatest overall cost come from collection and transportation of water from households to the treatment plant. Currently, developers are required to build and deed collection lines to the County when subdivisions are completed. Since 1987, the County has received 79 collection systems serving over 3,500 households with a total value of approximately $7.2 million averaging $2,016 per household. More than $11,000,000 (approximately $950 per customer) has been spent on transportation costs since the County began providing sewer service to residents. This cost does not reflect money spent to purchase easements or funds needed for design of the system. The cost for sewer transportation includes major capital costs such as lift stations and trunk lines. In certain areas, the County has charged a $450 fee for transportation; however, this fee is not county-wide. The County has existing legal authority for sewer and water fees. Currently, the County does not charge a water impact fee, but Staff feels as the County moves toward actively expanding its water system consideration should be given to implementing an impact fee. Costs for Stor.mwater Management Currently New Hanover County has no comprehensive drainage requirements; however, new development occurring in certain areas is required to manage stormwater runoff at a pre-development rate. In addition, other state and local regulations require on-site retention or percolation areas capable of handling an initial amount of runoff from impervious surfaces after a ten-year storm event. The developer/owner is responsible for construction and maintenance of such facilities. The City of Wilmington has a detailed Stormwater Ordinance which requires all developed land to have adequate stormwater facilities to retain the natural rate of flow at pre-development levels. The City offers several options to developers for their compliance. Developers not served by existing stormwater systems must design and build their own systems according to the City's Manual of Technical Specification. Plans for these systems must be submitted as part of a permit application. The permits are reviewed by the City's Engineering Staff and a fee is charged for the review. In circumstances where a new development would be served by an existing stormwater facility, developers are required to reimburse the City an amount equal to the cost of providing an acceptable facility. This process entails drafting preliminary designs for the desired level of retention and placing a value on the facility. Other revenue generating options for drainage include establishing drainage service districts and charging households a monthly fee or an assessment for drainage proj ects. A table was presented reflecting the costs for developing one drainage project in the City of Wilmington. Construction Costs for New Hanover County Parks The New Hanover County Parks Department develops, operates and maintains County public parks. The Department employs 17 full-time and 3 part-time employees. Currently, the Department operates two regional parks, six medium parks and twelve neighborhood parks with a combined total of 586.5 acres or 9.28 acres/1,OOO population. The City of Wilmington and the Beaches also operate parks for the benefit of residents and visitors. Despite the recent additions of a regional park facility in Ogden, a medium sized park in Castle Hayne, and neighborhood parks in Wrightsboro and south of Monkey Junction, the County still falls short of recommended levels of serVlce. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 824 The County has utilized a variety of financing methods in the past ten years. In 1989, New Hanover County residents passed a bond which included $3,000,000 for the purchase and development of park land. The County Parks Department has used this money to purchase approximately 300 acres of land for park use. The Parks Department has also benefitted from numerous grants awarded for the purchase, development, and maintenance of park properties. In the mid-1980's, the County adopted an impact fee for park facilities. This fee was based on standards for minimum provision of park facilities and included a provision for dedication of land in lieu of fees. The County eliminated this fee requirement several years later. State enabling legislation exists for the County to adopt a fee requirement. A chart was presented reflecting the costs associated with developing parks. Transportation Impacts Counties in North Carolina are limited in their capabilities for dealing with transportation, traffic, and road building. The N. C. Department of Transportation assumes that responsibility for urban and rural counties. A table was presented showing principal arterials in the unincorporated county, with many roadways exceeding design capacities. with more residential and commercial proj ects underway as well as continued growth in the tourist economy, traffic delays and travel times will worsen; however, there are opportunities and choices available to county governments to help plan and mitigate some of the problems arising from new development: (1) More emphasis on coordinating and connecting streets through subdivision approvals so as to disperse the traffic and allow for quicker emergency responses. (2) Reservation and planning of proposed rights-of-way through inter-local agreements so they can be acquired in advance. (3) Proposing and encouraging alternative transportation systems such as pedestrian and bicycle ways and transit. A lengthy discussion was Commissioner Caster inquired as administered? held on park impact to how park impact fees fees. were Assistant County Manager, Dave Weaver, explained there was State enabling legislation to allow counties to require the developer to provide land for a park, or pay an impact fee when constructing new subdivisions. The fees collected during this period of time were placed in a special fund and used for the development of new parks. Discussion was held on alternative methods of financing for infrastructure needs. County Manager O'Neal reported he would be glad to prepare an information packet on revenue option opportunities. Consensus: After further discussion, it was the consensus of the Board to schedule a Work Session on Thursday, September 14, 1995, at 10:15 A.M. in Room 501 of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, following the morning Staff meeting to discuss revenue option opportunities. Discussion was held on the overcapacity of the major roads in the County. Planning Director Hayes reported the figures presented were based on 1994 statistics; therefore, the number of new subdivisions that have occurred in the last year have not been included in the report. Commissioner Sisson advised the communication should be developed with the Transportation regarding the use of service phase of new roads for large projects. Board that better N. C. Department of roads in the design NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 825 Chairman Greer, on behalf of the Board, expressed appreciation to the Planning Staff for an excellent presentation. PRESENTATION ON NEW HANOVER COUNTY'S USE OF LOCAL GOVERNMENT ACCESS CHANNEL Assistant to the County Manager, patricia A. Melvin, reported there was an initial offer by the Vision Cable Company to the City of Wilmington and New Hanover County for participation in the local Government Access Channel at an approximate cost of $40,000 to $50,000. The Commissioners decided not to participate in the program, and the City implemented the program. A letter has been received from the City Manager's office with the suggestion that if the County decides to use the City's system, consideration should be given to reimbursing the City for a portion of the initial $50,000 start-up cost since a great deal of time and effort has been given by City Staff in implementing the program. If the County considers utilizing the existing system provided by the City, consideration should be given to the following items: (1) The City of Wilmington has outfitted a production room for use in televising meetings. (2) The character generator now takes less than SlX (6) hours to use at a cost of $10 per hour. (3) The system now televises slides on laws adopted by the City Council. (4) The process lS still cumbersome and has limited capability. (5) Only ten (10) screens can be used for the Council agenda. (6) Professional staff, responsible for the production/telecast of meetings at this time, include a camera operator, director, and technician. (7) If the County Commissioners use the system, there should be some consideration for start-up time. (8) The City has priority over all scheduling. (9) The County must consider acquiring technical equipment, not less than two cameras, support equipment, mixers, etc. (10) The County must consider the origin of input, output, and the physical distance of facilities. (11) The County must provide its own production capability for communications between the director and camera operator and pay for the cost of staff time involved with televising and replaying the meetings. Chairman Greer inquired as to why this item was placed on the agenda when the Board had decided in the past not to use the access channel? Commissioner Barone responded she placed the item on the agenda because she felt the Board should reconsider using the local Government Access Channel. She expressed concern for the general public being slighted because they receive only edited bits and pieces of the action that occurs during the meetings held by the Board of County Commissioners. She reported, in her opinion, the public deserves to have an opportunity to listen to the meetings and see how County tax dollars are being spent. She commented on the cost and recommended using a video camera in the back of the room with the tape being aired on the access channel at a later date. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 826 County Manager O'Neal responded it would be less expensive to record the meeting with a camcorder; however, the equipment would have to be sophisticated. Commissioner Caster stated one camera in the back of the room would not produce the quality necessary to air the meetings on the access channel. Also with consolidation on the ballot in October, he would prefer to postpone action on this request until after this issue has been resolved by the voters. Consensus: After further discussion, it was agreed to discuss this matter as an agenda item once the vote has been taken on consolidation. BREAK Chairman Greer recessed the meeting for a break from 10:30 A.M. until 10:50 A.M. PRESENTATION OF PROPOSED CHANGES TO THE NEW HANOVER COUNTY FLOODPLAIN REGULATIONS Assistant County Manager, Dave Weaver, reported Staff was requested to address floodplain regulations because of an issue raised by Mr. Edgar Piner, the owner of a mobile home park, at the Commissioners' meeting of April 3, 1995. The issue is whether or not mobile homes should be required to meet the construction elevation standard of two feet above the 100 year flood elevation that was adopted by the Board of County Commissioners as part of the Community Rating System. After examining the issue, Staff has developed a proposed regulatory change that would exempt non- conforming mobile home parks from the additional two-foot elevation requirement, with minimal impact on the County's rating in the Community Rating System. Chairman Greer reported no presentation was needed and he requested direction from the Board. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to proceed with the regulatory change that would exempt non- conforming mobile home parks from the additional two-foot elevation requirement. Upon vote, the MOTION CARRIED UNANIMOUSLY. TAX APPEAL OF PENALTY ON 1990-1995 BOAT DISCOVERY OWNED BY JOHN R. WASTERVAL Mr. John R. Wasterval reported he and his wife purchased the boat in mid-1988. When visiting the area in 1988, he asked an employee in the Tax Office about using the boat for commercial fishing with the response that as long as the boat was not in New Hanover County on January 1, the boat would not have to be listed. Consequently, trips were taken to Florida, Virginia, and Maryland. He commented on not understanding the listing requirement and admitted that he did not list the boat this year. He referenced an article from a boating magazine relative to confusion nation-wide about when boat owners should list a boat if traveling from state to state. Mr. Wasterval reported he was appealing the penalties. Also, he did not understand why the value of the boat in 1990 was $54,800 when his 1987 Bill of Sale showed that he paid $52,900 for the boat. Also, the boat was valued in 1991 at $44,900; 1992 at $40,300; 1993 at $34,700; 1994 at $36,400; and 1995 at $39,600. He questioned the values listed and reported the boat was no longer manufactured. He requested the Commissioners to provide him with some form of assistance. Tax Administrator, Roland Register, reported every employee on the Listing Staff had been thoroughly trained and tested on listing and situs requirements by the Institute of Government as to the interpretation of the tax law. He advised that a temporary absence from the taxing jurisdiction did not affect the taxation of a boat. The general rule is that personal property lS taxed at the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 827 residence of the owner where a business premlse lS used. This particular boat has been docked at Bradley Creek Marina since 1988. Notices were forwarded to Mr. Wasterval in 1993 when going into the staggered system for listing automobiles with specific instructions on the listing requirements for all boats. Even after receiving this notice, Mr. Wasterval did not list the boat in 1993, 1994, or 1995. Also, wi thin the community, Mr. Wasterval was quoted as saying he was not going to pay taxes on his boat. Tax Administrator Register reported, in his opinion, Mr. Wasterval was aware that he was not complying to the State Tax Law. Under the law, he is a resident, he used a business premise in New Hanover County, and the interest is not being charged for taxes for 1990, but the penalty does apply. In similar cases, the Commissioners have upheld the penalty. Mr. Wasterval did not appeal the issue of values in his letter to the Tax Department. The Tax Department uses the values from the adopted BUC International Guide with the lowest value applied to this type of boat. The Tax Department feels the values and penalties in this case should be upheld. Commissioner Barone asked why the value of the boat fluctuated and if this was customary? Tax Administrator Register responded that large boats do fluctuate in value based upon the market from year to year. Motion: After further discussion of Mr. Wasterval failing to list the boat after receiving notice, vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to uphold the 10% penalty as recommended by the Tax Administrator. The floor was opened for discussion. Commissioner Barone asked Mr. Wasterval why this boat was not listed when he listed his other boats? Mr. Wasterval responded that he was told in 1988 by an employee in the Tax Department that he did not have to list the boat. He stated he did not mind paying the tax, but the 60% penalties imposed were excessive and the value of the boat was over estimated. Commissioner Barone informed Mr. Wasterval that he could appeal the value of the boat. Tax Administrator Register reported for clarification of the motion, the penalty by State Statute is 10% for each listing period that has expired. He reminded the Board that the County did not charge interest. The statutory interest is 10.25% the first year and 9.75% each subsequent year; therefore, the County did not have use of the money due in 1989. Also, Mr. Wasterval completely escaped tax for one year and by the Statue of Limitations the County cannot charge for that year, which was estimated between $500 and $600. Amended Motion: Vice-Chairman Mathews AMENDED THE MOTION to uphold the penalty at 10% per year for each listing period that has expired. The AMENDED MOTION WAS SECONDED by Commissioner Sisson. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone ACTION DEFERRED ON ADOPTION OF RESOLUTION TO SUPPORT CONTINUATION OF THE U. S. ARMY CORPS OF ENGINEERS MISSION IN PUBLIC WORKS Assistant County Manager, Dave Weaver, reported the U. S. Army NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 828 Corps of Engineers is facing major budget cuts in its pubic works proj ects, including navigation maintenance and beach renourishment. Major projects that will be eliminated in New Hanover County are maintenance of Carolina Beach and Masonboro Inlets. Failure to maintain Masonboro Inlet will greatly impact beach renourishment on Wrightsville Beach. Also, budget cuts may jeopardize the Federal cost-share in presently approved beach renourishment projects. He presented a resolution to support the continuation of the Corps public works projects. If adopted, the resolution will be incorporated in a study being conducted by the N. C. Coastal Resources Commission concerning the negative impact of cutbacks on local and State governments. Commissioner Barone expressed concern for the resolution not being strong enough and recommended rewording of the resolution to stress the importance of the Corps of Engineers continuing to perform the public works projects. Consensus: After discussion of changing the language in the resolution, it was the consensus of the Board to request Staff to re-write the resolution and place this item on the agenda for August 7, 1995. CONSIDERATION OF ELDERLY AND DISABLED TRANSPORTATION ASSISTANCE PROGRAM AND APPROVAL OF BUDGET AMENDMENT #96-0006 Assistant to the County Manager, patricia A. Melvin, requested the Commissioners to approve the FY 1995-96 funding application for the Elderly and Disabled Transportation Assistance Program and approve the associated Budget Amendment. The funds will be expended for the provision of transportation services to elderly and disabled persons in New Hanover County. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the filing of the Elderly and Disabled Transportation Assistance Funding application for FY 1995-96 and approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. 96-0006 New Hanover Transportation Services Debit Credit New Hanover Transportation Services Transportation Assistance Program $5,208 TAP - Elderly TAP - Handicapped $2,083 $3,125 Purpose: To increase FY 1995-96 revenue to be received from the N. C. Department of Transportation by $5,208. The total funds awarded by the State for the Transportation Assistance Program will total $39,584 for the ensuing fiscal year. ACCEPTANCE OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM DISCRETIONARY GRANT AND APPROVAL OF BUDGET AMENDMENT #96-0005 Chairman Greer announced at the July 5, 1995, meeting a tie vote was received on acceptance of a grant award in the amount of $180,000 to purchase the Princess Street property for the Criminal Justice Partnership Program. He reported the Board decided to place this item on the agenda for July 17, 1995, for reconsideration since one County Commissioner was not present. He requested a motion from the floor. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to accept the grant in the amount of $180,000 from the N. C. Department of Correction, authorize Commissioner Barone to sign the grant award as the official for New Hanover County, and approve the associated budget amendment as listed below to budget the two grants received from the N. C. Department of Correction for the Criminal Justice Partnership Program. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 829 Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Caster Chairman Greer Budget Amendment #96-0005 - Criminal Justice Partnership Program Debit Credit Criminal Justice Partnership Proqram Criminal Justice Partnership Grant (Operating Grant) $155,836 Criminal Justice Partnership Grant (Discretionary Grant) $180,000 Salaries & Wages FICA Contracted Services Departmental Supplies Building $ 18,000 $ 2,800 $130,036 $ 5,000 $180,000 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 10:49 A.M. until 11:45 A.M. to hold a meeting of the Water & Sewer District. DESIGNATION OF VOTING DELEGATE FOR 1995 ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to designate Chairman Greer as the Voting Delegate and Vice- Chairman Mathews as the Alternate Voting Delegate for the 1995 Annual Conference of the N. C. Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS REAPPOINTMENT OF KENNETH A. SHANKLIN AND APPOINTMENT OF JOHN E. DYER TO SERVE ON THE NEW HANOVER COUNTY PLANNING BOARD Chairman Greer announced that nine applications had been received to fill two vacant positions on the Planning Board. Also, Mr. Kenneth A. Shanklin, Chairman of the Planning Board, had requested reappointment to another term even though he has served two terms on the Planning Board. Chairman Greer opened the floor to recelve nominations. Commissioner Sisson nominated Richard L. Achilles. The nomination was seconded by Vice-Chairman Mathews. Commissioner Barone nominated John E. Dyer. was seconded by Chairman Greer. The nomination Commissioner Sisson nominated Robert P. Hoffman. The nomination was seconded by Chairman Greer. Commissioner Barone nominated Jim Bordeaux. was seconded by Chairman Greer. The nomination Commissioner Greer nominated Kenneth A. Shanklin. The nomination was seconded by Commissioner Sisson. Vote: Chairman Greer called for a vote on the appointment of Richard L. Achilles. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 830 Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer Commissioner Barone Commissioner Caster Vote: Chairman Greer called for a vote on the appointment of John E. Dyer. Upon vote the MOTION CARRIED AS FOLLOWS, and John E. Dyer was appointed to serve a three-year term on the Planning Board to expire July 31, 1998: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of Robert Hoffman. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Jim Bordeaux. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Kenneth A. Shanklin. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Caster Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Due to only one nomlnee recelvlng a majority vote, the Chairman requested the Board to re-vote on the three nominees receiving two votes with each Commissioner casting only one vote to fill the remaining vacancy. Vote: Chairman Greer called for a re-vote on the appointment of Richard L. Archilles. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Vote: Chairman Greer called for a re-vote on the appointment of Robert Hoffman. THE MOTION FAILED. No votes were received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 831 Vote: Chairman Greer called for a re-vote on the appointment of Kenneth A. Shanklin. Upon vote, THE MOTION CARRIED AS FOLLOWS and Kenneth A. Shanklin was reappointed to serve a three-year term on the Planning Board to expire July 31, 1998: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews Commissioner Barone stated, for the record, she normally did not make an exception to the Committee Appointment regulations; however, in this case she felt it was necessary to break the tie vote. ADDITIONAL ITEMS - COUNTY COMMISSIONERS CONSIDERATION OF REVISIONS TO THE CONTRACT WITH THE VOLUNTEER FIRE DEPARTMENTS Commissioner Sisson reported as a result of events that have occurred with the delivery of fire service to the Highway 421 North Industrial Corridor, the Fire Commission has requested adoption of the proposed revisions to the contract with the Volunteer Fire Departments to assure the delivery of mutual aid in the fire districts and assure the delivery of fire service and suppression uniformly throughout the County. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt the contract revisions as presented changing the language on Page 2, Line 7 of the existing contract to read as follows: "The contractor shall render services outside its area to the extent feasible and consistent with protection within its own area in conjunction with existing Volunteer Fire Department aid packs or as otherwise directed by the Fire Commissioners or the Board of County Commissioners." The floor was opened for discussion. Mr. Jim Pittman, a member of the Board of Fire Commissioners, requested the Commissioners to consider a proposal prepared by the Fire Inspections Committee and seven Volunteer Fire Departments regarding fire protection for New Hanover County, including the 421 North Industrial Corridor, before approving the revisions to the contract. He urged the Commissioners to listen to the proposal at the Work Session scheduled for this evening. Commissioner Sisson responded he had no problem with discussion of the proposal at the Work Session; however, the normal procedure had been circumvented since the document had not been reviewed by the Fire Commission before being presented to the Board of County Commissioners. Mr. pittman reported there was concern among the firemen about crossing district lines when responding to a fire in the North Wilmington area since this district had been abolished. County Manager 0' Neal responded the North Wilmington Fire District had not been abolished. County Attorney Copley reported the mutual aid agreement would allow the Volunteer Fire Departments to cross into other fire districts when called for assistance without incurring any type of liability. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 832 REPORT ON GROUNDWATER TASK FORCE COMMITTEE Commissioner Barone advised the Board that the Task Force Committee had interviewed contractors for the first phase of the study, and she reported this item would be presented to the Board at the next regular meeting. DISCUSSION OF THE CONTRACT WITH HOSPITAL AND SOUTHEASTERN CENTER Commissioner Sisson reported the Southeastern Center was negotiating with the hospital to settle last year's contract based upon the original figure. Also, the hospital is in the process of trying to secure money from the State for indigent care for FY 1995-96. LUNCH Chairman Greer recessed the meeting for lunch from 12:45 P.M. until 1:43 P.M. CLOSED SESSION FOR THE EVALUATION OF THE COUNTY MANAGER, COUNTY ATTORNEY, AND CLERK TO THE BOARD Chairman Greer requested a motion to convene from Regular Session to Closed Session to perform evaluations of the County Manager, County Attorney, and Clerk to the Board. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to Closed Session to evaluate the performance of the County Manager, County Attorney, and Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session to Closed Session at 1:45 P.M. Chairman Greer reconvened to Regular Session at 4:10 P.M. Chairman Greer reported the evaluations had been completed and he requested the Board to make the appropriate motions. Motion: Vice-Chairman Mathews MOVED, SECONDED, by Commissioner Sisson to approve a 5% salary increase and $200 per month car allowance for the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported the Board was very pleased with the County Manager's performance. Motion: After discussion of an above expected performance rating, Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve a 4% salary increase for the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported the Board was very pleased with the County Attorney's performance. Motion: After discussion of the outstanding performance by the Clerk to the Board, Commissioner Sisson MOVED, SECONDED by Vice- Chairman Mathews to approve a 5% salary increase for the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported the Board was very pleased with the Clerk's performance. Motion: Chairman Greer reported the Board felt the Commissioners should be included in the 3% market adjustment and MOVED, SECONDED by Commissioner Sisson to increase the salaries for the Commissioners by 3%. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consensus: After further discussion, it was the consensus of the Board for the salary increases to become effective July 1, 1995. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 17, 1995 BOOK 24 PAGE 833 Discussion of Agenda for the Work Session to be Held with the Fire Commission County Manager O'Neal presented an agenda and reported the items to be discussed at the Work Session tonight were mutual aid response, performance criteria and financial management, and budget preparation for the Volunteer Fire Departments. Chairman Greer advised the Board that a majority of the Volunteer Firemen would be attending the Work Session to express their concerns about crossing district lines and the plan for fire service under a consolidated government. He stated, in his opinion, these volunteer firemen should be provided an opportunity to discuss these issues at the meeting to be held this evening. Commissioner Sisson reported as a member of the Consolidation Public Safety Committee, he had strived to ensure that the Volunteer Fire Departments would remain in tact under a consolidated government. He stated he did not mind listening to comments from the firemen; however, before taking action as a Board of County Commissioners, all proposals should go through the Fire Commission before being submitted to the Board of County Commissioners. CLOSED SESSION County Attorney Copley requested the Board to reconvene to Closed Session for a personnel matter. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to convene from Regular Session to Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session to Closed Session at 4:20 P.M. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 4:29 P.M. ADJOURNMENT Chairman Greer adjourned the meeting at 4:30 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board