1994-02-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 957
ASSEMBLY
The New Hanover County Board of Commissioner met in Regular
Session on Monday, February 21, 1994, at 9:00 A.M. in the First
Floor Assembly Room of the New Hanover County Administration
Building, 320 Chestnut 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
Reverend Jimmy Napier, Pastor of the Freedom Baptist Church,
gave the invocation.
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 that is not listed on the
Regular Agenda or comment on an item listed on the Consent Agenda.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item #3
from the Consent Agenda to the Regular Agenda since this is a tax
appeal and will be heard by the Board of County Commissioners at
11:10 A.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to remove Item #3 to the Regular Agenda and approve the remaining
i terns on the Consent Agenda. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following
meetings:
Work Session - January
Work Session - January
Work Session - January
Work Session - January
Work Session - February
6, 1994
13, 1994
20, 1994
20, 1994
1, 1994
- Refuse Collections
- Refuse Collections
- Continued Meeting of 1/18/94
- Refuse Collections
- Joint City/County Work Session
Airport Burn pit Superfund Site
Tax Appeal of 1993 Value on Boat Owned by Loretta and Frederick
ReYnolds
The Commissioners accepted the recommendation of the Tax
Administrator to reduce the 1993 value of a boat owned by Loretta
and Frederick Reynolds from $24,300 to $8,505. The Tax Department
will further reduce the value to a $4,000 salvage value for 1994.
After review by staff, it was determined the yacht had
significantly deteriorated prior to the storm in 1993 and currently
is at a salvage value due to a long period of neglect.
Release of Taxes Barred by N.C.G.S. 105-378
The Commissioners released the following 1983 charges, which
are not collectible after ten years:
Total
$102,283.44
32,405.96
3,871.20
2,989.28
680.87
$142,230.75
New Hanover County
City of Wilmington
Wrightsville Beach
Carolina Beach
Kure Beach
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 958
Authorization for Advertisement of Tax Liens on Real Property
The Commissioners authorized the advertisement of tax liens on
real property to be published on March 12, 1994, in accordance with
N.C.G.S. 105-369. The outstanding amounts as of January 31, 1994,
are as follows:
Total
$2,010,255.59
37,779.67
702,979.91
38,066.08
137,441.15
27,759.85
$2,954,282.25
New Hanover County
New Hanover County Fire District
City of Wilmington
Town of Wrightsville Beach
Town of Carolina Beach
Town of Kure Beach
Acceptance of Tax Collection Reports Through January 31, 1994
The Commissioners approved the following Tax Collection
Reports through January 31, 1994:
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 3.
1994 Meeting of the New Hanover County Board of Equalization and
Review Scheduled for April 18, 1994
The Commissioners will sit as the 1994 Board of Equalization
and Review and scheduled the first meeting to be held on Monday,
April 18, 1994, at 9:00 A.M. in the County Courthouse Assembly
Room, for the purpose of hearing property owners or representatives
who wish to appeal. Also, the Board of County Commissioners will
hear any vehicle appeals on schedules determined by need for
hearings.
Release of Value
The Commissioners released the following penal ties as the
taxpayers certified they listed during the regular listing period
or they had listed on time in another county:
Tony Hardin
patricia Holtzclaw
$8.78
$6.15
The Commissioners released the following certification penalty
as this was the taxpayer's first offense:
Max David Bradshaw
$100.00
The Commissioners released the following tax charges to a boat
owned by a Virginia Corporation as the boat was in New Hanover
County for repair only:
Ben Wiley
$7,358.51
Approval for Extension of Terms on the New Hanover Commission for
Women
The Commissioners approved extending the terms on the
Commission for Women from two-year terms to three-year terms as
requested by the President in order to have more continuity on the
Commission.
Acceptance of N. C. Division of Aging-AAA Grant Award for the
Senior Center and Approval of Budget Amendment #94-0156
The Commissioners accepted the N. C. Division of Aging-AAA
grant award in the amount of $3,333 for repairs of the front door
area and approved the following Budget Amendment. The 10% match is
in the Senior Center's current budget.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 959
Budget Amendment #94-0156 - Department of Aging - Senior Center
Debit
Credit
Department of Aqinq Senior Center
Capital Improvements Grant
$3,333
Department of Aqinq Senior Center
Other Improvements
$3,333
Approval of Budget Amendment #94-0138 Human Services
Transportation
The Commissioners approved the following Budget Amendment:
Budget Amendment #94-0138 - Human Services Transportation
Debit
Credit
Human Services Transportation
DOT 18 B-2 Vans (Federal)
DOT Vans - 18 (State)
$37,608
8,059
Human Services Transportation
Motor Vehicles
TDP Match
$47,482
$ 1,815
Purpose: To record two 1994 Dodge vans received in FY 1994 from
the FY 1994 Transportation Grant.
Approval of Budget Amendment #94-0143 Sheriff's Department
Federal Forfeited Property
The Commissioners approved the following Budget Amendment:
94-0143 Sheriff's Department Federal Forfeited Property
Debit
Credit
Sheriff's Dept./Federal Forfeited Property
Federal Forfeited Property
$32,355
Sheriff's Dept./Federal Forfeited Property
Beepers and Pagers
Capital Outlay
$ 2,000
30,355
Purpose: To budget additional revenue received in FY 1993-94
($22,337.74 on 1/14/94 and $10,016.40 on 1/25/94). 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 #94-0148 - New Hanover County Schools
The Commissioners approved the following Budget Amendment:
94-0148 New Hanover County Schools
Debit
Credit
New Hanover County Schools
Interest
$140,612
Transfer In - 1/2 Cent Sales Tax
$140,612
Purpose: To record savings of principal and interest on the 1994
public improvement refunding bond issue.
Approval of Budget Amendment #94-0149 Non-Departmental
Principal on Bonded Debt/Interest
The Commissioners approved the following Budget Amendment:
94-0149 Non-Departmental - Principal on Bonded Debt/Interest on
Bonded Debt/ County Commissioners' Office
Debit
Credit
Non-Departmental - Principal on Bonded Debt
Principal $265,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 960
(Budget Amendment Continued)
Debit
Credit
Non-Departmental - Principal on Bonded Debt
Interest $190,991
County Commissioners' Office
Appropriated Fund Balance
$455,991
Purpose: To record savings of principal and interest on the 1994
public improvement refunding bond issue.
Approval of Budget Amendment #94-0150 WASTEC- Administration/
Environmental Management Fund
The Commissioners approved the following Budget Amendment:
94-0150 WASTEC-Administration/Environmental Management Fund
Debit
Credit
WASTEC-Administration
Debt Service
$1,510,918
Environmental Manaqement Fund
Tipping Fees
$1,510,918
Purpose: To record savlngs on the 1994 solid waste refunding bond
lssue.
Approval of Budget Amendment #94-0151 - Landfill Operations
The Commissioners approved the following Budget Amendment:
94-0151 Landfill Operations
Debit
Credit
Landfill Operations
Debt Service
$20,588
Appropriated Fund Balance
$20,588
Purpose: To record savings of principal and interest on the 1994
solid waste refunding bond issue.
Approval of Computer Upgrade for the Cape Fear Museum and Approval
of Budget Amendment #94-0152
The Commissioners approved the following Budget Amendment to
upgrade computers at the Cape Fear Museum in the amount of $15,120.
This replacement equipment will provide four new workstations, 2
new printers and replace dissimilar software with identical
software. The new hardware and software will improve the
productivity of the department and will allow work sharing among
staff.
Budget Amendment #94-0152 - Cape Fear Museum
94-0152 - Museum
Debit
Credit
Contribution
$15,120
Capital Outlay - Equipment
$15,120
Approval of Budget Amendment #94-0153 Non-Departmental
Courts/District Attorney
The Commissioners approved the following Budget Amendment:
94-0153 - Non-Departmental - Courts/District Attorney
Debit
Credit
Non-Departmental
Contingencies
$500
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 961
(Budget Amendment Continued)
Debit
Credit
Courts/District Attorney
Contribution to Outside Agency
$500
Purpose:
Attorney's
supplies.
To transfer
office for
$500 from Contingencies to
cellular telephone service
the District
and office
Approval of Budget Amendment #94-0154 Commissioners'
Office/Engineering
The Commissioners approved the following Budget Amendment:
94-0154 - Commissioners' Office/Engineering
Debit
Credit
Commissioners' Office
Appropriated Fund Balance
$12,436
Enqineerinq
Salaries & Wages
FICA
Medical Insurance
$10,816
827
793
Purpose: To budget funds for an Engineering Technician position
for the remainder of FY 1993-94. This position was approved by the
County Commissioners on January 3, 1994, for the County's Erosion
and Sedimentation Control Program.
Adoption of Wachovia Bank Corporate Resolutions with Designation of
Signatures for All Wachovia Accounts
The Commissioners adopted the resolutions designating the
signatures for all Wachovia Accounts for New Hanover County.
A copy of the resolution is hereby incorporated as a part of
the minutes and lS contained in Exhibit Book XXII, Page 3.
PRESENTATION OF SERVICE AWARDS TO NEW HANOVER COUNTY EMPLOYEES
County Manager O'Neal introduced the following employees and
requested them to step forward to receive service awards:
Five-Year Service Awards
David A. Miller - Emergency Medical Services
Powell E. Phillips, Jr. - Emergency Medical Services
Barbara E. Thrift - Health Department
Alice Y. Elliott - Department of Social Services
Scott A. Floyd - Department of Social Services
Phyllis A. Kelly - Department of Social Services
Ten-Year Service Awards
Doris M. Musselwhite - Health Department
Chairman Greer, on behalf of the Board, congratulated the
County employees and expressed appreciation to them for their years
of dedicated service to New Hanover County.
REQUEST FOR TWO ADDITIONAL JAIL TRANSPORTATION OFFICERS FOR
JUVENILE TRANSPORTATION
Judge Jay Corpening reported on the problems being experienced
with juvenile counselors transporting juvenile offenders from the
courts to the Division of Youth Services and other juvenile service
centers around the State. Currently, the juveniles are transported
by a Juvenile Court Counselor in a standard vehicle. This is a
potentially dangerous situation since the counselor is not armed
and the juvenile may be dangerous. Although the State should be
responsible for transporting these juveniles, the problem has
become so serious, it is felt that persons transporting the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 962
juveniles should be law enforcement officers. The Commissioners
were requested to fund two additional transportation officers at
the Sheriff's Department to address this problem. The Judges are
willing to approach the legislators about assuming this funding
responsibility or reimbursing counties for the cost of providing
juvenile transportation.
Discussion was held on the possibility of purchasing a vehicle
with the Sheriff hiring some retired deputies to serve as
transportation officers. Sheriff McQueen reported after a review
of the overtime being paid and the cost of hiring two additional
positions, it is felt there is not enough difference in the money
to use retired officers. In his opinion, sworn law enforcement
officers should be used to provide this transportation due to the
dangers involved. Also, after discussion of the recent bill
introduced by Representative Karen Gottovi relative to children not
being able to leave home until 18, he has found out the law will
not change the Juvenile Law, which could have increased the number
of juveniles kept in detention centers.
Discussion was held on the cost associated with the two
positions. County Manager O'Neal reported the cost for the current
fiscal year will be $31,794 and $55,661 for a full fiscal year.
Motion: After discussion of the dangers involved to counselors,
Commissioner Sisson MOVED, SECONDED by Commissioner Caster to: (1)
approve hiring two new transportation officers in the County Jail;
(2) approve the associated Budget Amendment for the remainder of
the fiscal year; (3) reconsider the funding of these positions at
the beginning of FY 1994-95; (4) bill the State monthly for
reimbursement of the cost to the County; (5) authorize the Chairman
to write a letter to the local legislative delegation, the N. C.
Association of County Commissioners, and Governor informing them of
this problem; and (6) introduce legislation placing this
responsibility with the State of North Carolina. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
94-0155 Non-Departmental/Sheriff's Department - Jail
Debit
Credit
Non-Departmental
Contingencies
$31,794
Sheriff's Department Jail
Salaries & Wages
FICA
Medical Insurance
Retirement - 401-K
Uniforms
Contracted Services
Motor Vehicle Purchases
Fuel & Supplies
$10,640
814
1,188
532
1,200
280
15,800
1,340
CONSIDERATION OF RESOLUTION CHALLENGING THE INMATE RELEASE STATUTE
County Attorney Copley reported Mr. Christopher L. Stanley,
representing the N. C. Merchants and Citizens Fighting Crime,
requested adoption of the proposed resolution challenging the N. C.
Inmate Release Statute.
Chairman Greer requested a motion for adoption of the
resolution.
Due to no motion being placed on the floor, the resolution was
not adopted.
AWARD OF BID #94-0083 (CONTRACT #94-0083) TO INTERGRAPH CORPORATION
FOR A COMPUTER AIDED DISPATCH SYSTEM FOR THE EMERGENCY 911 CENTER
County Manager O'Neal requested the Commissioners to adopt a
resolution awarding the bid to Intergraph Corporation, the only
responsive bidder, in the amount of $1,037,855 for a Computer Aided
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 963
Dispatch System (CAD) for the 911 Emergency Center. The system
will decrease the response time for emergency agencies by utilizing
"interactive mapping" at the call taker/dispatcher level of
operation; allow the call taker/dispatcher to converse with the
caller, update the call information, and have the dispatcher
automatically updated while conversing with the emergency vehicles
answering the call; and provide Emergency Medical Dispatch and Pre-
Arrival instructions. Emphasis was placed on the importance of
response time in saving lives during emergency situations.
Chairman Greer requested the MIS Director to explain his
involvement with the proposed bid award.
Director Bill Clontz, reported MIS has been closely involved
with this project since its inception and supports approval of the
bid to Intergraph Corporation.
County Attorney Copley reported the contract has been amended
as requested to read as follows:
Section 4.1... Completion of County Acceptance Testing (to
begin after training and subject to Section 6.8 Acceptance
testinq of the County's Technical Specifications.
Commissioner Caster commented on not accepting the low bid and
stressed the importance of staff very clearly reflecting that a low
bid is non-responsive when awarding the bid to a higher bidder.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to award the bid to Intergraph Corporation, the only
responsive bidder, in the amount of $1,037,855 for the purchase of
a Computer Aided Dispatch System; approve the associated Budget
Amendment; adopt the Project Ordinance; and authorize the Chairman
to execute the contract documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
94-029 Computer Aided Dispatch System
Debit
Credit
Computer Aided Dispatch System
Transfer in from Fund 140 (Emergency
Telephone Fund)
$1,428,344
Capital Project Expense
$1,428,344
Emerqency Telephone System Fund
911 Surcharge
$1,199,555
Contracted Services
Transfer out to CAD Fund
228,789
$1,428,344
Purpose: To establish the project budget according to the Project
Ordinance.
Copies of the Resolution and Project Ordinance are hereby
incorporated as a part of the minutes and are contained in Exhibit
Book XXII, Page 3.
APPROVAL OF CLERICAL SPECIALIST I POSITION FOR THE INSPECTIONS
DEPARTMENT
Director of Inspections, Sky Conklin, requested approval of a
new Clerical Specialist I position due to the increase in the daily
work load and the need to have a fully manned clerical staff. The
salary will be paid from inspection fees for the current fiscal
year and foreseeable future.
Commissioner Barone asked, for the record, if at some time the
revenue is not available through inspection fees, will this person
understand the position will not be funded by the County?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 964
Director Conklin reported the County Manager and the person
to be hired in the position are aware the position will be
terminated if funds should not be available.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve one Clerical Specialist I position for the
Inspections Department and following Budget Amendment with the
understanding that if revenues should not be available from
inspection fees to support the position, the position will not be
funded by the County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
94-0163 Inspections
Debit
Credit
Inspections
Inspection Fees
$6,999
Salaries & Wages
FICA
Retirement
Medical Insurance
$5,510
422
274
793
Purpose: To budget greater than anticipated inspection fees for an
additional clerical position for the remainder of FY 1993-94.
APPROVAL OF ZONING ENFORCEMENT OFFICER POSITION FOR THE INSPECTIONS
DEPARTMENT
Director of Inspections, Sky Conklin, reported on the number
of permits processed and the increased activity of the Zoning Board
of Adjustment. In March, 1991, the CAMA permitting activity was
transferred from the Engineering Department to Zoning without an
increase in staff. The popularity of building adj acent to the
water and marsh has resulted in a 45% increase in issuance of these
time consuming permits. The Commissioners were requested to
approve a new Zoning Enforcement Officer position in order to
properly administer this permitting process. No additional monies
are needed to fund this position for now and in the foreseeable
future due to substantially increased revenues from issuance of
these permits.
Discussion was held on the County Zoning Ordinance being
somewhat restrictive. Director Conklin reported most cases are
relatively minor with respect to residential zoning, but with the
highway overlay district, commercial development is complicated and
more appeals are being heard through the Zoning Board of
Adjustment.
Discussion was held on the importance of communication skills
and proper qualifications for the Zoning Enforcement Officer
position. Director Conklin reported the individual hired will have
excellent communication skills and hopefully a legal or real estate
background in dealing with property rights. Also, the employee
will attend the training program offered by the Institute of
Government.
Motion: After discussion of the rapid growth in New Hanover
County, Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve a new Zoning Enforcement Officer position to be
funded from inspection revenues with the understanding that if
funds are not available, the County will not fund the position;
approve the associated Budget Amendment; and require the individual
to attend the training program offered by the Institute of
Government. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 965
94-0162 Inspections
Debit
Credit
Inspections
Inspection Fees
$8,332
Salaries & Wages
FICA
Retirement
Medical Insurance
$6,700
512
327
793
Purpose: To budget greater than anticipated inspection fees for an
additional Zoning Officer for the remainder of FY 1993-94.
BREAK
Chairman Greer called a break from 10:10 A.M. until 10:30 A.M.
CONSIDERATION OF FUNDING REQUEST FROM THE LEGAL SERVICES OF THE
LOWER CAPE FEAR
County Manager O'Neal announced since Mr. Marcus Williams,
Executive Director of the Legal Services of the Lower Cape Fear, is
not present, he would recommend considering this funding request
during the regular budget process.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to consider the funding request during the regular budget
process. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RECONSIDERATION OF REGULAR AGENDA ITEM #3, A RESOLUTION CHALLENGING
THE N. C. INMATE RELEASE STATUTE
Chairman Greer commented on increased costs to the County with
adoption of the proposed resolution and asked if the Board would
like to draft a resolution specifically for New Hanover County. He
stated until prisons are made a less desirable place, nothing can
be accomplished; therefore, he would like to draft a resolution
that would incorporate this idea.
Consensus: It was the consensus of the Board to prepare a
resolution to be considered at the Regular Meeting on March 14,
1994.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a regular meeting of the
New Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 10:31 A.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:20 A.M.
COMMITTEE APPOINTMENTS
APPOINTMENTS TO THE SOUTHEASTERN CENTER AREA BOARD
Commissioner Sisson, the Commissioners' representative serving
on the Southeastern Center Area Board, commented on Section 3 under
the By-Laws and reported when a vacancy occurs a County has six
months to fill the vacancy. If this vacancy is not filled within
this period of time the other counties may advertise and fill the
vacancy. In the past, a problem has been experienced with the
counties filling these vacancies and the Southeastern Center Area
Board has operated without full membership. In his opinion,
Brunswick and Pender Counties will not have a problem with New
Hanover County filling vacancies in Category 2, Category 3, and
Category 4 since qualified applicants have applied for these
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 966
positions. If for some reason, the other counties should object,
the appointments can be reviewed at that time.
Chairman Greer opened the floor to receive nominations for
Category 2, a Physician/Psychiatry representative.
Commissioner Sisson nominated Thomas Craven, Jr. M. D. The
nomination was seconded by Chairman Greer.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the MOTION to appoint Thomas J. Craven, Jr., M.
D. to serve on the Southeastern Center Area Board under Category 2
as a physician representative for a 4-year term to expire February
28, 1998, was UNANIMOUSLY APPROVED.
Chairman Greer opened the floor to receive nominations for
Category 3, a professional in Social Work.
Commissioner Sisson commented on the letter from John
Langston, Chairman of the Southeastern Center Area Board,
requesting reappointment of Frank Hickman and nominated Mr. Hickman
for reappointment. The nomination was seconded by Commissioner
Caster.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the MOTION to reappoint Frank
the Southeastern Center Area Board under
professional social worker for a 4-year term to
1998, was UNANIMOUSLY APPROVED.
Hickman to serve on
Category 3 as a
expire February 28,
Chairman Greer opened the floor to recelve nominations for
Category 4, an individual, either a prlmary consumer or an
individual from a citizens' organization, representing the
interests of individuals with developmental disabilities.
Commissioner Barone nominated Mary E. Hatcher. The nomination
was seconded by Commissioner Caster.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the MOTION to appoint Mary E. Hatcher to serve on
the Southeastern Center Area Board under Category 4 as a
representative of interests for individuals with developmental
disabilities for a 4-year term to expire February 28, 1998, was
UNANIMOUSLY APPROVED.
Commissioner Barone strongly objected to Item 4 under the By-
Laws which reads as follows: "When Board members seek
reappointment, the County Commissioners should consider the
member's wish." In her opinion, the County Commissioners are not
bound by the By-Laws of the Southeastern Center Area Board and have
a right to decide whether they wish to reappoint or not reappoint
any member to serve on any board appointed by the County
Commissioners. She requested removal of this item from the By-
Laws.
Commissioner Sisson explained that the intent of this section
was to encourage the Commissioners to consider the wish of a member
who desires to be reappointed; however, he will discuss this matter
with the Southeastern Center Area Board.
APPOINTMENTS TO THE WASTEC COMMISSION
Chairman Greer reported five vacancies exist on the WASTEC
Commission with four 3-year terms and one unexpired term. Three
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 967
members, Charles Agnoff, R. Daniel Latta, and Robert Pace are
eligible for reappointment and desire to be reappointed.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to reappoint Charles Agnoff, R. Daniel Latta, and Robert Pace to
serve three-year terms on the WASTEC Commission with the terms
expiring March 1, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer opened the floor to recelve nominations to fill
the remalnlng vacancy for a three-year term.
Commissioner Caster nominated Edgar C. Fox.
was seconded by Vice-Chairman Mathews.
The nomination
Commissioner Barone nominated Harry L. Mahl. The nomination
did not receive a second.
Vote: Upon vote, the MOTION to appoint Edgar C. Fox to fill a
three-year term on the WASTEC Commission to expire March 1, 1997,
was UNANIMOUSLY APPROVED.
Chairman Greer opened the floor to recelve nominations to fill
the one-year unexpired term.
Commissioner Sisson nominated Ralph L. Harding. The nomination
did not receive a second.
Commissioner Barone nominated Harry L. Mahl. The nomination
was seconded by Commissioner Caster.
Vote: Upon vote, the MOTION to appoint Harry L. Mahl to fill the
unexpired term on the WASTEC Commission to expire March 1, 1995,
was UNANIMOUSLY APPROVED.
COMMISSIONER WILLIAM E. SISSON, JR. TO SERVE ON THE AGING ADVISORY
COUNCIL
Chairman Greer reported the Cape Fear Council of Governments
has requested a County Commissioner to serve on the New Hanover
County Aging Advisory Council and asked if a County Commissioner
would like to serve on this board?
Commissioner Sisson volunteered to serve on the Aging Advisory
Council.
Consensus: It was the consensus of the Board to appoint
Commissioner Sisson to serve on the Aging Advisory Council.
TAX APPEAL ON SITUS - JOHN CLAYTON COFER
Tax Administrator, Roland Register, reported this is an appeal
of situs that was precipitated by the staggered system of taxing
automobiles. According to the N. C. General Statutes, the Board
must determine if Wrightsville Beach is the appellant's primary
residence and if so, is Stokely Road a business premises or a
seasonal residence? Mr. John C. Cofer and Paulette Cofer are
present, and Ms. Cofer would like to comment on the appeal.
Ms. Paulette Cofer presented background information on her
uncle being taxed by Wrightsville Beach on personal property which
is kept on Stokley Road. When renewing the license tag, the
Wrightsville Beach tax was added for the automobile, travel
trailer, and small boat kept on Stokely Road. Taxes have been paid
to New Hanover County, but her uncle has never been taxed by the
Town of Wrightsville Beach on property that never crosses the
bridge. She requested relief, if at all possible.
Tax Administrator Register commented on this being a question
of the law and reported the Stokely Road property is zoned
residential with a mixture of various sizes of homes and mobile
homes. After a review, it is clear that Mr. Cofer's residence is at
Wrightsville Beach and that the Stokely Road property is not used
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 968
for business nor is the property a seasonal residence.
Unfortunately, the situs rules indicate proper taxation in
Wrightsville Beach and the situs should be upheld.
Chairman Greer requested the Assistant County Attorney, Kemp
Burpeau, to report his findings.
Assistant County Attorney Burpeau reported if the petitioner
can establish the Stokely Road property is a separate business
situs or if the property is associated with a seasonal dwelling,
the property would not be taxable by Wrightsville Beach. After
review, the Wrightsville Beach taxation is proper and should be
upheld.
Chairman Greer commented on the manner in which the law lS
written and stated, perhaps, the law should be changed.
Tax Administrator Register reported Ms. Cofer has reported one
vehicle is driven by her husband, who lives in the County;
therefore, if Mr. Cofer would convey all of his personal property
except for his personal vehicle to his nephew, the Wrightsville
Beach taxation would not apply.
Ms. Cofer inquired as to how the law can be amended.
Chairman Greer reported the local legislators would have to be
contacted. At the present time, the Board of County Commissioners
must abide by the law, which unfortunately is to uphold the
taxation by Wrightsville Beach.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to uphold the taxation by the Town of Wrightsville Beach as
recommended by the Tax Administrator. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF PROPERTY ACQUISITION FOR THE OGDEN VOLUNTEER FIRE
DEPARTMENT SUBSTATION IN PORTERS NECK
County Attorney Copley reported the Ogden Volunteer Fire
Department will not consent to co-ownership and has agreed to
utilize a conventional Promissory Note and Deed of Trust. The note
would be in the amount of $60,000 with no interest accumulating and
would be callable and due should Ogden ever stop providing fire
services pursuant to a county funding contract. This type of
arrangement is a traditional approach and would legally protect the
County's $60,000 payment.
Commissioner Sisson commented on the $60,000 being money from
the Fire District tax and requested that these funds be transferred
back to the Fire District when reimbursed.
County Attorney Copley reported this can be incorporated into
the agreement.
Commissioner Barone commented on the episode with the North
Wilmington Volunteer Fire Department and inquired as to whether
this type of situation could occur in the future without joint
ownership of the property? Emphasis was placed on the
responsibility of elected officials to protect the taxpayers
investment.
County Attorney Copley reported under this arrangement, the
County would receive the Deed of Trust; however, the Ogden
Volunteer Fire Department would own the building. If the Volunteer
Fire Department would stop providing services pursuant to the
County Contract, the County would be reimbursed the $60,000.
Commissioner Barone commented on a paid/volunteer fire service
ln the future and expressed concern for the County not owning the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 969
building. She recommended the possibility of the County obtaining
ownership and leasing the building to the Ogden Volunteer Fire
Department for the duration of the contract with the County.
Commissioner Sisson recommended waiting until the fire
consultant has completed the study of County fire services before
taking action on this request.
Commissioner Caster asked who owns the property, the building
and equipment at the Myrtle Grove Fire Department?
County Manager O'Neal reported the property, building, and
equipment are owned by the Myrtle Grove Volunteer Fire Department.
A lengthy discussion was held on the need to address the
ownership issue and the
paid/volunteer fire service in
both of these issues once
completed.
possibility of establishing a
the future. It was agreed to review
the fire consultant's report is
Motion: Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to
direct the Legal Department to proceed with the preparation of the
Promissory/Deed of Trust arrangement. The Chairman was authorized
to execute the contract documents. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Sisson
AUTHORIZATION FOR THE MUSEUM TO APPLY FOR NEW GRASSROOTS SCIENCE
INITIATIVE
Deputy County Manager, Andrew Atkinson, reported on the new
Grassroots Science Initiative which provides $50,000 to each of
eight individual museums on a regional basis to enhance and expand
programs offered to schools and the general public. The Grassroots
Science concept has been around for years, but was not funded by
the State until the last legislative session. The Museum Director
has requested authorization to proceed with including the Cape Fear
Museum in the State grant funds.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to authorize the Museum Director to proceed with trying to obtain
Grassroots funding contingent upon no cost to New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
REPORT ON THE HUMAN SERVICES TRANSPORTATION ADVISORY BOARD
Commissioner Sisson reported at the last meeting of the Human
Services Transportation Advisory Board, the members of the Board
met with the consultant preparing the Transportation Plan for the
County. Many issues have been worked out and the plan will be
presented to the Commissioners at a future meeting. The decision
by the Board of County Commissioners to require all agencies funded
by the County who need transportation services to participate in
the Human Services Transportation System has reduced the mileage
cost and greatly improved the service.
REPORT ON THE BOARD OF FIRE COMMISSIONERS
Commissioner Sisson reported the recognition of the Volunteer
Fireman of the Year will be presented on March 14, 1994, and the
study by the fire consultant will be presented on March 21, 1994.
DISCUSSION OF VISUAL AIDS FOR PERSONS PRESENTING SLIDES
Vice-Chairman Mathews reported on the need to be sure visual
aids are readable when presenting slides and reports.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, FEBRUARY 21, 1994
BOOK 23
PAGE 970
ANNOUNCEMENT OF COMMISSIONER BARONE BEING APPOINTED TO SERVE ON THE
N. C. ASSOCIATION OF COUNTY COMMISSIONERS TAX AND FINANCE STEERING
COMMITTEE
Commissioner Barone announced she was appointed to serve on
the N. C. Association of County Commissioners Tax and Finance
Steering Committee. The first meeting will be held on March 1,
1994, in Raleigh, N. C. and the Unfunded Mandates Committee has
requested the Steering Committee to review the Tax and Finance
Steering Committee's mission statement to see how this committee is
affected by unfunded mandates.
REPORT ON WASTEC COMMISSION MEETING
Commissioner Caster reported the WASTEC Commission is meeting
quarterly because things are going quite well at the facility. He
expressed appreciation to Commissioner Barone for bringing a group
of citizens to tour WASTEC who have been very critical of the
facility. It appears they now have a better understanding of the
facility and are appreciative of WASTEC and it disposal operation.
Director Ray Church, staff, and members of the WASTEC Commission
are most grateful to Commissioner Barone for arranging this tour.
DISCUSSION ON PRESENTATION OF STRATEGIC PLANNING COMMITTEE REPORT
Commissioner Caster inquired as to when the report prepared by
the Strategic Planning Committee will be presented.
County Manager O'Neal stated the report will be presented ln
May.
DISCUSSION OF APPOINTMENTS TO THE COUNTY CHAPTER OF THE I-40
ASSOCIATION
Chairman Greer reported on the decision by the Board for each
County Commissioner and one elected official from each municipality
to serve on the Executive Committee of the 1-40 Association. He
inquired as to whether the Commissioners still wish to serve on
this committee or would the Board like to advertise for these
appointments through the normal committee process?
Consensus: After discussion, it was the consensus of the Board for
the Clerk to the Board to advertise the vacancies and invite each
beach community to select one representative to serve on the
Executive Committee.
DISCUSSION OF THE SCHOOL BOND ISSUE
Chairman Greer reported on concern in the black community
about how the bond money will be spent if the bond referendum is
approved by the voters. In order to properly inform citizens when
asking questions about the bond issue, the Deputy County Manager
has prepared a fact sheet about the sale of the bonds and details
concerning how bond proceeds are to be expended. A copy of the
memorandum was passed out to each County Commissioner.
ADJOURNMENT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 12:28 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board