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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