1993-11-15 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 811
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, November 15, 1993, 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; Assistant County Manager, Dave Weaver;
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
Pastor John Pruitt 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 public
would like to present an item 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
Commissioner Sisson requested
Commissioner Sisson to Commissioner
October 18, 1993, minutes.
changing
Cas ter on
the
Page
name from
12, of the
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the Consent Agenda as presented with the
correction to the minutes of October 18, 1993, as requested by
Commissioner Sisson. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of October 18, 1993, as corrected; the joint City/County Public
Hearing held on October 11, 1993; the joint City/County Work
Session held on October 18, 1993; and Budget Work Session held on
October 14, 1993, as presented by the Clerk to the Board.
Adoption of Proclamation Declaring the Week of November 14-20,
1993, as "YOUTH APPRECIATION WEEK" in New Hanover County.
The Commissioners adopted a proclamation declaring the week of
November 14-20, 1993, as "Youth Appreciation Week" in New Hanover
County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 25.
Adoption of Proclamation Declaring the Month of November 1993 as
"NATIONAL DIABETES MONTH" in New Hanover County
The Commissioners adopted a proclamation declaring the month
of November 1993 as "National Diabetes Month" in New Hanover
County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 25.
Approval of Rental Reduction Requested by the Cape Fear Coast
Convention and Visitors Bureau
The Commissioners approved reducing one month's rent in the
amount of $1,000 for the Convention and Visitors Bureau due to the
breakdown of the air conditioning system during the month of July.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 812
Authorization for Chair.man to Write a Letter of Support for the
Girls, Inc. Adolescent Pregnancy Prevention Project
The Commissioners authorized the Chairman to write a letter of
support for the Girls, Inc. Adolescent Pregnancy Prevention Project
to apply for funding from the N. C. Department of Environmental
Health, and Natural Resources. No County funds are required.
Acceptance of Land and Water Conservation Fund (LWCF) Grant for
Castle HaYne Park
The Commissioners accepted the LWCF Grant in the amount of
$45,500 for Phase I of the Castle Hayne Park. Work on Phase I will
begin as soon as possible and will be completed by September 30,
1994. Phase I will provide for clearing; grading; the parking lot
and trail preparation; signage; rest rooms; the playground; picnic
shel ter; picnic areas; well/pump; and fencing in an estimated
amount of $91,000. The remaining funds will be paid from bond
proceeds.
Approval for Release of Values - Tax Department
The Commissioners approved release of the following listing
penalties as the taxpayers certified they listed during the listing
period:
Boke Trading
Lucas, Mike DBA Mike's Body
McLeod, Michael R.
MHC Electric, Inc.
Thomas Take Home, Inc.
$617.25
54.32
3.75
3.96
97.58
The Commissioners granted
Ci tizen/Disabili ty Exclusion as the
application:
the following
taxpayer submi t ted
Senior
a late
Bondurant, Lillie H.
$12,000.00
A copy of the letter explaining the late filing is available
ln the Tax Department upon request.
The Commissioners approved delinquent applications for
exemption from property tax for the following organizations:
Atlantic Coast/Bellamy Mansion
R04817-029-005-000
R04817-029-006-000
R04300-003-048-000
Victory Alliance Church
Applications and letters explaining the late applications are
available in the Tax Department upon request.
Approval of Tax Collection Reports Through October 31, 1993
The Commissioners accepted the following Tax Collection
Reports through October 31, 1993, as submitted by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the Tax Collection Reports are hereby incorporated
as a part of the minutes and are contained in Exhibit Book XXI,
Page 25.
Ratification of the Appointment of Charles Ray as an Alternate
Extra-Territorial Member of the Board of Adjustment for the Town of
Carolina Beach
The Commissioners ratified the appointment of Charles Ray as
an alternate extra-territorial member of the Board of Adjustment
for the Town of Carolina Beach as requested by the Town Council.
Approval of Change Order #2 for Contract #93-0363 with Geo-Con,
Inc. - Cell 4-A - New Hanover County Landfill
The Commissioners approved Change Order #2 in the amount of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 813
$565.50 for payment of additional surveying and additional time due
to a County error in the survey plans relating to the layout of
Cell 4-A.
A copy of the change order is on file in the Legal Department.
Approval of Budget Amendment #94-0075 - Health Department
The Commissioners approved the following Budget Amendment:
Health Department/Epidemiology
Debit
Credit
Health Department/Epidemioloqy
Immunization Action Plan Grant
$9,191
Maintenance & Repair/Equipment
printing Expense
Departmental Supplies
Employee Reimbursement
Training & Travel
$ 300
$1,500
$5,991
$ 400
$1,000
Purpose: To budget an additional Immunization Action Plan grant
award in the amount of $9,191. Funds will be used to promote and
provide immunizations for preschool children.
Approval of Budget Amendment #94-0080; Budget Amendment #94-0081;
Budget Amendment #94-0082; and Budget Amendment #94-0083
Sheriff's Department
The Commissioners approved the following Budget Amendments:
Budget Amendment 94-0080
Debit
Credit
Sheriff's Dept./Fed./Forfeited Property
Federal-Forfeited Property $45,138
Capital Outlay/Equipment $45,138
Budget Amendment 94-0081
Federal-Forfeited Property
$39,188
Motor Vehicle Purchases
Capital Outlay/Equipment
Departmental Supplies
$21,000
$13,188
$ 5,000
Budget Amendment 94-0082
Sheriff's Dept./Criminal Justice Computer System
Capital Outlay/Equipment
$382,000
Federal Grant
$286,500
Sheriff's Department/
Federal-Forfeited Property
Federal-Forfeited Property
$ 95,500
Budget Amendment #94-0083
Sheriff's Department/
Federal-Forfeited Property
Federal-Forfeited Property
$10,000
Sheriff's Department/
Controlled-Substance Tax
Controlled Substance Tax
$ 9,129
Sheriff's Department/ Admin.
Salaries & Wages
$19,129
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 814
Purposes:
#94-0080 - To budget additional federal-forfeited property funds
received in FY 1993-94. The Sheriff will determine capital outlay
items as he identifies needs.
#94-0081 - To increase FY 1993-94 Budget for balance of unexpended
federal-forfeited funds from FY 1992-93.
#94-0082 - To reduce the FY 1993-94 Budget for an anticipated
Federal grant not awarded. This budget amendment reflects the
adjustment to decrease expenditures and revenues by the amount
budgeted in this fiscal year for the grant. The grant had been
budgeted for the continued implementation of the Criminal Justice
Computer System in the Sheriff's Department.
#94-0083 To budget federal-forfeited property funds and
controlled substance tax funds for additional salaries ln the
Sheriff's Department.
Approval of Budget Amendment #94-0087 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
94-0087 - Sheriff's Department/Federal-Forfeited Property/Criminal
Justice Computer System
Debit
Credit
Sheriff's Department
Federal-Forfeited Property
Federal-Forfeited Property
$7,790
Departmental Supplies
$6,663
Sheriff's Department/
Criminal Justice Computer System
Training & Travel
Capital Outlay - Equipment
$ 100
$1,027
Purpose: Sale of federally-forfeited property proceeds budgeted
for departmental supplies and to close out the Criminal Justice
Computer System grant.
Acceptance of Gift from the Cape Fear Garden Club to New Hanover
County Library and Approval of Budget Amendment #94-0088
The Commissioners accepted a $3,000 contribution from the Cape
Fear Garden Club for landscaping the Myrtle Grove Branch Library,
and approved the following Budget Amendment:
94-0088 - Library/Myrtle Grove Branch (Capital Project)
Debit
Credit
Library/Myrtle Grove Branch
(Capital Prolect)
Contribution
$3,000
General Contractor
$3,000
Approval of Budget Amendment #94-0078 - Non-Department/Outside
Agencies-Cultural & Recreation
Debit
Credit
Non-Departmental
Contingencies
$1,076
Outside Aqencies/Cultural & Rec.
Military Affairs Committee
$1,076
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 815
Purpose: To transfer funds from contingencies to pay one-half of
the cost of two receptions given by the Military Affairs Committee
on October 5, 1993, for the HMS Coventry and HMS Endurance.
Approval of Budget Amendment #94-0079 - Non-Departmental/Outside
Agencies/Economic & Physical Development
Debit
Non-Departmental
Contingencies
$17,500
Outside Aqencies/Economic
and Physical Development
Greater Wilmington
Chamber of Commerce
Credit
$17,500
Purpose: To budget $17,500 from contingencies for a contribution
to the Greater Wilmington Chamber of Commerce Film Office approved
by the Board of County Commissioners on October 18, 1993.
PRESENTATION OF SERVICE AWARDS TO COUNTY EMPLOYEES
Chairman Greer, on behalf of the Board, recognized and
presented service awards to following County employees for their
years of dedicated service:
Marlene M. Carney, Human Resources
Carlton Floyd, Sheriff's Department
Barbara A. McCray, Tax Department
Marion E. Taylor, Sheriff's Department
Ellen Wells, Finance
Adley A. Bass, Tax Department
Carolyn B. Batts, Property Management
Lewis Corbett, Property Management
Joseph W. Judkins, Tax Department
James A. New, Health Department
Hazel W. Poole, Register of Deeds
Brenda L. Stella, Tax Department
Mary J. Daunais, Social Services
Donna M. Fussell, Social Services
Nathan R. Johnson, Sheriff's Department
Thomas W. Koonce, Social Services
The following County employees were unable
meeting, and service awards will be presented
Resources Department:
John Bates, Inspections
Sandra W. Caulk, Sheriff's Department
William Caulk, Sheriff's Department
Elsie Coble, Social Services
James S. Craig, Engineering
Rodney J. Driggers, Environmental Management
Thomas Farmer, Engineering
Lyonal D. Ganey, MIS
Barney W. LaCock, III, Sheriff's Department
Steven R. McClelland - Sheriff's Department
Melody Rongotes, Sheriff's Department
Barbara Rowe, Museum
Rodeny D. Russell, Environmental Management
Robert C. Sutton, Jr., Inspections
Jacques Taylor, Environmental Management
Sharon F. Walters, Library
James A. Wells, Sheriff's Department
Edward Young, Jr., Vehicle Management
Jean Amelang, Library
Schuyler Conklin, Property Management
5 years
5 years
5 years
5 years
5 years
10 years
10 years
10 years
10 years
10 years
10 years
10 years
15 years
15 years
15 years
15 years
to attend the
by the Human
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
10 years
10 years
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 816
Douglas A. Garrett, Inspections
Bervick Landry, Inspections Department
Juanita Richardson, Health Department
Benjamin S. Smith, Sheriff's Department
Robert V. Smith, Vehicle Management
10 years
10 years
10 years
10 years
10 years
James A. Golden, Inspections
Joel S. Smith, Sheriff's Department
Catherine L. Stukes, Health Department
15 years
15 years
15 years
PRESENTATION OF CERTIFICATES OF APPRECIATION FOR OUTSTANDING
ACHIEVEMENTS
Chairman Greer, on behalf of the Board, recognized and
presented Certificates of Appreciation to the following County
employees for receiving achievement awards:
Beth Day, Nursing Supervisor of Epidemiology, for receiving
the "Samuel L. Katz Award" for an outstanding contribution in
the field of immunizations.
Janet McCwnbee, Public Health Nurse, for receiving the" Samuel
L. Katz Award" for an outstanding contribution in the field of
immunizations.
Robert S. Parker, Health Director, for receiving the "Special
Meritorious Award" for his outstanding service to public
health.
CONSIDERATION OF ORDINANCE ENTITLED,
RECORDS" - REGISTER OF DEEDS OFFICE
Assistant County Manager, Dave Weaver, reported
has been modified as requested by the Board of County
and all parties, including real estate professionals,
with the Tax Parcel Identifier Ordinance.
"MODERNIZATION
OF
LAND
the ordinance
Commissioners
are satisfied
Motion: After discussion of the proposed changes, Vice-Chairman
Mathews MOVED, SECONDED by Commissioner Barone to adopt the
ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Chairman Greer
Chairman Greer reported, for the record, he voted no in order
to allow ample time for all parties involved to be sure they are
satisfied with the proposed ordinance. This will requlre a second
reading that will be held on December 6, 1993.
APPROVAL OF THE CERTIFICATE SUBMITTED BY THE FINANCE DIRECTOR
CONFIRMING THE RESULTS OF THE SALE OF $3,785,000 OF SPECIAL
OBLIGATION BONDS FOR THE SOLID WASTE MANAGEMENT PROJECT
Chairman Greer reported the Board must approve and confirm the
results of the sale by the County of its $3,785,000 Special
Obligation Bonds (Solid Waste Management Project) Series 1991 (the
"Bonds") and authorize related acts in connection therewith. The
Finance Director has filed with the Clerk his Certificate, dated
November 4, 1993, setting forth his determination of details of the
Bonds pursuant to the Bond Resolution adopted by the Board on
November 1, 1993.
Motion: Commissioner Caster MOVED that the determinations of the
Finance Director as set forth in the Certificate be ratified,
approved and confirmed as follows: (a) the Bonds shall be issued
in the aggregate principal amount of $3,785,000; (b) the Bonds
shall consist only of serial bonds as set forth in the Certificate;
(c) the Bonds shall be sold to Craigie Incorporated at the purchase
price of $3,785,000 plus accrued interest thereon from the date
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 817
thereof to the date of issuance and delivery thereof and payment
therefor. The execution and delivery by the Chairman of the Bond
Purchase Agreement, dated November 4, 1993, in accordance with the
terms thereof is hereby approved, ratified, and confirmed; (d) the
Reserve Fund Requirement shall be $378,500; and (e) the Board
approves, confirms and consents to the distribution of the Official
Statement, dated November 4, 1993, reflecting the terms set forth
herein and with such changes, modifications and additions as the
Chairman or Vice-Chairman, with the advice of counsel, may deem
necessary and appropriate. The MOTION WAS SECONDED by Commissioner
Barone and UNANIMOUSLY ADOPTED.
A copy of the certified extract forwarded to bond counsel lS
hereby incorporated as a part of the minutes and is contained ln
Exhibit Book XXI, Page 25.
CONSIDERATION OF RESOLUTION AUTHORIZING THE FILING OF AN
APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR $40,000,000 IN
NEW HANOVER COUNTY SCHOOL BONDS AND $13, 900, 000 IN CAPE FEAR
COMMUNITY COLLEGE BONDS
Chairman Greer reported the resolution presented in the agenda
packet must be approved and forwarded to the Local Government
Commission in order to begin the process of issuing General
Obligation Bonds scheduled for a bond referendum to be held in
March 1994.
Motion: After discussion of the Finance Director rounding off the
School bond issue to $40,000,000 as discussed at the Staff Meeting
on Friday, Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt the resolution authorizing the filing of an
application with the Local Government Commission for $40,000,000 in
New Hanover County School bonds and $13,900,000 in Cape Fear
Community College bonds.
Discussion was held on amending the resolution for the school
bond issue to $40,000,000 instead of $39,900,000 as submitted by
the Board of Education. Commissioner Barone expressed concern for
changing this figure and recommended checking with the Board of
Education and Finance Director to see if the $40,000,000 figure is
acceptable.
Chairman Greer requested adoption of the resolution at
$40,000,000 for the school bond issue, and if necessary, the amount
can be changed to $39,900,000.
Motion Withdrawn: Commissioner Sisson WITHDREW HIS MOTION.
Motion: After further discussion, Commissioner Caster MOVED,
SECONDED by Commissioner Barone to adopt the resolution authorizing
the filing of an application with the Local Government Commission
for $39,900,000 in New Hanover County School bonds and $13,900,000
in Cape Fear Community College bonds. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Chairman Greer
Voting Nay: Commissioner Sisson
Vice-Chairman Mathews
Commissioner Sisson commented on this being a classic example
of mis-communication among the members of the Board of County
Commissioners, and expressed concern for meetings being held among
members of the Board of Education and members of the Board of
County Commissioners without including or informing the entire
Board of County Commissioners. Also, concern was expressed for no
discussion of this major bond issue with the Board of Education or
Cape Fear Community College Board of Trustees.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 818
Commissioner Barone expressed concern for giving the
impression that meetings have been held without inviting
Commissioner Sisson and reported that no meetings have been held
with the Board of Education.
Chairman Greer reported on meeting with representatives of the
Board of Education, Cape Fear Community College Board of Trustees,
the County Manager and Finance Director for discussion of the
proposed bond referendum. It was agreed among all persons present
that a joint Work Session should be held on December 13, 1993, to
receive pertinent data relative to the bond issues. At this
meeting, discussion was held on the $40,000,000 school bond issue
in lieu of the $39,900,000 bond issue with the understanding that
the Board of Education would inform the Board of County
Commissioners today, if the $40,000,000 figure was acceptable.
vice-Chairman Mathews recommended supporting the
recommendation of the Finance Director, which was $40,000,000.
Consensus: After further discussion, it was the consensus of the
Board to request Staff to contact the Board of Education and
Finance Director to see if the figure should be $40,000,000 or
$39,900,000 with another vote on the resolution being called at the
end of the meeting.
PUBLIC HEARING TO CONSIDER APPROVAL OF INSTALLMENT FINANCING WITH
FIRST CITIZENS BANK & TRUST AS REQUIRED BY N.C.G.S., SECTION 160A-
20 TO PURCHASE PROPERTY FOR CAPE FEAR COMMUNITY COLLEGE AND
ADOPTION OF RESOLUTION AUTHORIZING EXECUTION OF INSTALLMENT
PURCHASE CONTRACT #94-162
Assistant County Attorney, Andrew Olsen, reported a Public
Hearing must be held to consider approval of installment financing
with First Citizens Bank & Trust Company to purchase property for
Cape Fear Community College.
Chairman Greer opened the Public Hearing and inquired as to
whether anyone present would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution authorizing the execution of an
installment contract; authorizing the County Attorney and Finance
Director to execute the necessary opinion lettering; authorizing
execution of a Promissory Note and Deed of Trust by the Chairman
and Clerk to the Board for the purchase of the 700 Front Street
Associates parcel for Cape Fear Community College. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 25.
ADOPTION OF MUSEUM FEE SCHEDULE
Mr. Chuck Agnoff, Chairman of the Cape Fear Museum Board of
Trustees, commented on the growth and success of the expanded
Museum and reported on the current donations program. Presently,
the front desk personnel are strongly encouraged to collect the
donations; however, the public has expressed concern about being
asked for a donation with the feeling that if they do not
contribute, this is unacceptable. This has become a problem for
the employees; consequently, the Museum Board is requesting a
mandatory admission fee for entry into the Museum. A majority of
museums throughout the country do charge an admission fee, and the
Board feels revenues will be generated in excess of $36,000
annually.
Vice-Chairman Mathews expressed concern for charging a fee in
a public museum, which is a continuing educational program for
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 819
children in New Hanover County, and inquired as to whether there is
another alternative?
Mr. Agnoff reported fees are necessary to cover the on-going
costs of operating the expanded Museum. School programs for New
Hanover County are free; however, a $50 fee is currently charged to
out-of-county school groups. The Museum Board is aware of the fee
being a problem to some people and has offered two free days a
month, the first day of each month and the first Sunday of each
month.
Commissioner Barone commented on the number of free days and
recommended adding an additional day on the 3rd Sunday of each
month.
Discussion was held on the allocation of the fees that will be
collected. Mr. Agnoff reported the present agreement between New
Hanover County and the Cape Fear Museum will be honored with two-
thirds of funds collected from admission fees transferred directly
into the County's general fund and one-third of funds collected
transferred to the Cape Fear Museum Associates, a volunteer
organization who will use the funds to provide support services to
the Museum.
Motion: After further discussion, Commissioner Caster MOVED,
SECONDED by Chairman Greer to adopt the Fee Schedule for the Cape
Fear Museum as presented by the Museum Board of Trustees. Upon
vote, the MOTION DID NOT CARRY AS FOLLOWS:
Voting Aye: Commissioner Caster
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Motion: After further discussion, Commissioner Sisson MOVED,
SECONDED by Commissioner Barone to approve the admission plan as
presented by the Museum Board of Trustees with the addition of a
free day to be designated as the 3rd Sunday of each month. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Caster
APPROVAL OF PURCHASE POWER AGREEMENT WITH CAROLINA POWER & LIGHT
(CP&L), CONTRACT #94-0163 FOR THE PURCHASE OF ELECTRICITY FROM THE
NEW HANOVER COUNTY WASTEC FACILITY
Director of Environmental Management, Ray Church, reported the
Marketing Subcommittee of the WASTEC Commission and Staff have been
negotiating with members of Carolina Power & Light Company for
several months to develop a new purchase agreement for the sale of
electricity from the WASTEC Facility to CP&L. The primary
differences between the proposed contract and the current contract
are as follows:
Term: The proposed contract is a fixed rate contract for a
period of fifteen (15) years. The current contract is a
variable rate for five (5) years which expires in 1994.
Rate: The proposed rate is an approximate fifty-five (55)
percent increase over the current rate.
Liability: The WASTEC Marketing Subcommittee and Staff both
feel the County is in a better position relative to liability
under the proposed contract. Many issues regarding liability
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 820
are determined either by Federal Regulations or Public Utility
policies.
Curtailment: The current contract allows CP&L to limit power
purchases to 2,500 KW for up to 600 hours per year. At the
request of the County, the curtailment section was changed to
limit power production to 3,500 KW at 750 hours the first
eight (8) years and 1,000 hours the final seven (7) years.
Mr. Chuck Agnoff, a member of the WASTEC Commission, reported
from a business point of view, the negotiated price is better than
the current contract and was agreed upon by CP&L in a good faith
effort to encourage the co-generation by waste-to-energy conversion
process.
Commissioner Caster, a member of the WASTEC Commission,
reported the contract negotiated is in the best interest of the
County.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve the contract with CP&L as submitted by the
WASTEC Commission and authorize the Chairman to execute the
contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
AWARD OF CONTRACT #94-0164 TO MCKIM AND CREED CONSULTING ENGINEERS
FOR ARCHITECTURAL AND ENGINEERING DESIGN OF THE MULTI-PURPOSE
BUILDING AT THE NEW HANOVER COUNTY LANDFILL
Director of Environmental Management, Ray Church, requested
adoption of a contract with McKim and Creed Consulting Engineers
for architectural and engineering design of the Multi-Purpose
Building at the Landfill. The negotiated price for the provision
of these services is $23,500 and $45 per hour should additional
inspection services be required. Eight proposals were received and
four finalists were interviewed as follows:
McKim and Creed Consulting Engineers
BMS - Wilmington
Synthesis - Wrightsville Beach
Jefferies and Faris
After review, Staff feels the firm of McKim and Creed lS more
experienced in constructing facilities of this type.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the award of the contract to McKim and Creed
Consulting Engineers for architectural and engineering design of
the Multi-Purpose Building at the Landfill. The Chairman was
authorized to execute the contract documents. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the contract lS on file in the Legal Department.
AWARD OF CONTRACT #94-0161 TO POST, BUCKLEY, SCHUH & JERNIGAN, INC.
FOR DESIGN OF CONSTRUCTED WETLANDS PROJECT THROUGH A CAMA GRANT
Director of Environmental Management, Ray Church, requested
award of a contract to Post, Buckley, Schuh & Jernigan, Inc. in the
amount of $10,000 to provide design and permitting services for the
construction of a pilot constructed wetlands project. The County
was awarded a Coastal Area Management Agency grant to study the
effectiveness of Constructed Wetlands as a treatment process for
the treatment of landfill leachate. The firm of Post, Buckley,
Schuh & Jernigan, Inc. is quite experienced in this process and has
been performing services for the County for the past seven to eight
years.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to award the contract to Post, Buckley, Schuh & Jernigan, Inc. in
the amount of $10,000 for design and permitting services for the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 821
construction of a pilot constructed wetlands proj ect. The Chairman
was authorized to execute the contract documents. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the contract lS on file ln the Legal Department.
BREAK
Chairman Greer called a break from 10:25 A.M. until 10:40 A.M.
TAX APPEAL ON LISTING PENALTIES FOR JAMES W. AND LAURA MALAY
Mr. James W. Malay reported on non-payment of personal
property taxes for the years, 1990 and 1991, due to an error made
by the N. C. Department of Motor Vehicles which listed his vehicle
as a military exemption. Since he did not receive a bill from the
Tax Department and an error was made by the N. C. Department of
Motor Vehicles, he feels the penalties in the amount of $52.36
should be released. There is no problem with paying the amount of
taxes due.
Tax Administrator, Roland Register, reported the maJor lssue
is not the error that occurred by the N. C. Department of Motor
Vehicles, but the fact that no listing for the vehicle was made in
1990 and 1991. By N. C. General Statutes, the individual has the
responsibility to list a vehicle and pay taxes whether or not a
notice has been received. In 1989, after the last listing, a
notice was forwarded for the 1990 listing, but no listing was
received. He recommended upholding the penalties assessed.
Chairman Greer commented on Mr. & Mrs. Malay making an honest
mistake as a result of the error made by the N. C. Department of
Motor Vehicles, but stated under State law an individual is held
responsible for listing and paying taxes on a vehicle; therefore,
he does not feel the penalties should be released.
Mr. Malay reported this is an unusual
with the computation of the 1988 and 1989
made by the N. C. Department of Vehicles.
requested to release the penalties due to
case.
situation, particularly
tax base and the error
The Commissioners were
the uniqueness of this
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Sisson to uphold the penalties assessed by
the Tax Department. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
COMMISSIONER WILLIAM A. CASTER APPOINTED AS THE LOCAL GOVERNMENT
REPRESENTATIVE FOR THE CAPE FEAR RIVER PROGRAM ADVISORY BOARD
Chairman Greer inquired as to whether a Commissioner would
like to serve on the Cape Fear River Program Advisory Board.
Consensus: After volunteering to serve, it was the consensus of
the Board to appoint Commissioner Caster to serve on the Cape Fear
River Program Advisory Board.
APPOINTMENTS TO THE NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS
Chairman Greer reported four vacancies exist on the Board of
Fire Commissioners as follows:
1 - Federal Point Fire Service Area (unexpired term)
1 - Wrightsboro Fire Service Area (unexpired term)
1 - Myrtle Grove Fire Service Area
1 - Seagate Fire Service Area
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 822
Also, there is a vacancy for the North Wilmington Volunteer
Fire Department and Roger Miller desires to be reappointed.
Motion: Commissioner Sisson commented on the letter from Robert
Miller and MOVED, SECONDED by Vice-Chairman Mathews to reappoint
Roger Miller to serve as the representative for the North
Wilmington Fire District. The term is to expire July 1, 1996.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion was held on designating each person to a particular
fire district. After discussion of the memorandum received from
Assistant County Attorney, Kemp Burpeau, it was agreed to consider
residency but not require that a member must live within a certain
fire district to be appointed to represent a district.
Chairman Greer opened the floor to receive nominations.
Commissioner Caster nominated Walter E. Katz as the Myrtle
Grove Fire District representative. Commissioner Sisson seconded
the nomination.
Commissioner Sisson nominated Gregory Buckner as the Seagate
Fire District representative. Commissioner Caster seconded the
nomination.
Commissioner Caster nominated Dennis
designation of a particular fire district.
seconded the nomination.
James pinho without
Commissioner Sisson
Commissioner Barone nominated James R. Strickland as the
Wrightsboro Fire District representative. Chairman Greer seconded
the nomination.
Commissioner Sisson nominated Charles M.
representative for the Federal Point Fire District.
Mathews seconded the nomination.
Ray as the
Vice-Chairman
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Chairman Greer called for a vote on the appointment of
Walter E. Katz to serve as the representative for the Myrtle Grove
Fire District. Upon vote, the MOTION CARRIED AS FOLLOWS, and Mr.
Katz was appointed to serve a 3-year term on the Board of Fire
Commissioners with the term to expire on July 1, 1996.
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Vote: Chairman Greer called for a vote on the appointment of
Gregory Buckner to serve as the representative for the Seagate Fire
District. Upon vote, the MOTION CARRIED AS FOLLOWS, and Mr.
Buckner was appointed to serve a 3-year term on the Board of Fire
Commissioners with the term to expire July 1, 1996.
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Vote: Chairman Greer called for a vote on the appointment of James
R. Strickland to fill the unexpired term as the representative for
the Wrightsboro Fire District. Upon vote, the MOTION DID NOT
CARRY AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 823
Voting Aye: Commissioner Barone
Chairman Greer
Voting Nay: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Vote: Chairman Greer called for a vote on the appointment of
Dennis James pinho to fill the unexpired term as the representative
for the Wrightsboro Fire District. Upon vote, the MOTION CARRIED
AS FOLLOWS, and Mr. pinho was appointed to fill the unexpired term,
which will expire on July 1, 1995.
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Chairman Greer
Vote: Chairman Greer called for a vote on the appointment of
Charles R. Ray to fill the unexpired term as the representative for
the Federal Point Fire District. Upon vote, the MOTION CARRIED
UNANIMOUSLY, and Mr. Ray was appointed to fill the unexpired term,
which will expire on July 1, 1995.
APPOINTMENTS TO THE NEW HANOVER COUNTY GROUNDWATER TASK FORCE
Chairman Greer reported the Commissioners decided to establish
a Groundwater Task Force and Councilman Hamilton Hicks, Jr. has
been appointed to serve as the City Council's representative.
Commissioner Barone reported she would like to serve as the
representative for the Board of County Commissioners.
Commission Sisson reported he, also, would like to serve as
the representative for the Board of County Commissioners.
Commissioner Caster recommended appointing both Commissioners,
Commissioner Barone as a Commissioner Representative and
Commissioner Sisson as a Public-At-Large member.
Consensus: It was the consensus of the Board to appoint
Commissioner Barone as the County Commissioner Representative and
Commissioner Sisson as the Public-At-Large member.
Chairman Greer opened the floor to receive nominations.
Commissioner Barone nominated Dan Dawson. Commissioner Caster
seconded the nomination.
Vice-Chairman Mathews nominated John R. Andrew. Commissioner
Sisson seconded the nomination.
Commissioner Caster nominated Henry W. Lyon.
Sisson seconded the nomination.
Commissioner
Commissioner Barone nominated Jim Vithalani.
Caster seconded the nomination.
Commissioner
Vote: Chairman Greer called for a vote on the appointment of Dan
Dawson. Upon vote, the MOTION CARRIED AS FOLLOWS and Mr. Dawson
was appointed to serve on the Groundwater Task Force.
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 824
Vote: Chairman Greer called for a vote on the appointment of John
R. Andrew. Upon vote, the MOTION CARRIED UNANIMOUSLY and Mr.
Andrew was appointed to serve on the Groundwater Task Force.
Vote: Chairman Greer called for a vote on the appointment of Henry
W. Lyon. Upon vote, the MOTION CARRIED UNANIMOUSLY and Mr. Lyon
was appointed to serve on the Groundwater Task Force.
Vote: Chairman Greer called for a vote on the appointment of Mr.
Jim Vithalani. Upon vote, the MOTION CARRIED UNANIMOUSLY and Mr.
Vithalani was appointed to serve on the Groundwater Task Force.
Vote: Chairman Greer expressed appreciation for Rick Shiver
volunteering to serve as the representative from the N. C. Division
of Environmental Management and called for a vote on his
appointment. Upon vote, the MOTION CARRIED UNANIMOUSLY and Mr.
Rick Shiver was appointed to serve on the Groundwater Task Force.
APPOINTMENTS TO THE NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT
Chairman Greer reported four vacancies exist on the Zoning
Board of Adjustment with Leslie C. Danilowicz and Nello Filippini
desiring to be reappointed. Mr. Victor M. Orlikowski, a current
alternate, desires to be appointed as a regular member. Also, a
vacancy exists for one alternate position. Eleven applications
have been received to fill the four vacancies, and one application
has been received to fill the alternate vacancy.
Chairman Greer opened the floor to receive nominations.
Commissioner Barone nominated Leslie C. Danilowicz and Nello
Filippini for reappointment to a second term. The nomination was
seconded by Vice-Chairman Mathews.
Commissioner Sisson nominated Zoe Bruner as an alternate
member. Vice-Chairman Mathews seconded the nomination.
Vice-Chairman Mathews nominated Jonathan Barfield, Sr. as an
alternate member. Commissioner Barone seconded the nomination.
Commissioner Barone nominated S. Keith Cooper as an alternate
member. Vice-Chairman Mathews seconded the nomination.
Commissioner
alternate member.
Caster nominated Robert S. Clements as
Chairman Greer seconded the nomination.
an
Commissioner
alternate member.
Sisson nominated Harry
NO SECOND WAS RECEIVED.
E.
Tetirick
as
an
Vote: Chairman Greer called for a vote on the reappointment of
Leslie C. Danilowicz. Upon vote, the MOTION CARRIED UNANIMOUSLY,
and Ms. Danilowicz was reappointed to serve a 3-year term on the
Zoning Board of Adjustment with the term to expire December 1,
1996.
Vote: Chairman Greer called for a vote on the reappointment of
Nello Filippini. Upon vote, the MOTION CARRIED AS FOLLOWS, and Mr.
Filippini was reappointed to serve a 3-year term on the Zoning
Board of Adjustment with the term to expire December 1, 1996.
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
Vote: Chairman Greer called for a vote on the appointment of Zoe
Bruner as an alternate member. Upon vote, the MOTION DID NOT CARRY
AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 825
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
Jonathan Barfield, Sr. as an alternate member. Upon vote, the
MOTION CARRIED AS FOLLOWS, and Mr. Barfield was appointed to serve
as an alternate member on the Zoning Board of Adjustment for a 3-
year term that will expire on December 1, 1996.
Voting Aye: Commissioner Barone
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
Commissioner Caster
Vote: Chairman Greer called for a vote on the appointment of S.
Keith Cooper to serve as an alternate member. Upon vote, the
MOTION DID NOT CARRY AS FOLLOWS:
Voting Aye: Commissioner Barone
Vice-Chairman Mathews
Voting Nay: Commissioner Caster
Commissioner Sisson
Chairman Greer
Vote: Chairman Greer called for a vote on the appointment of
Robert S. Clements to serve as an alternate. Upon vote, the MOTION
DID NOT CARRY AS FOLLOWS:
Voting Aye: Commissioner Caster
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer reported only one nominee, Jonathan Barfield,
Sr., received a majority vote for appointment as an alternate
member; therefore, a vote will be called on the remaining three
candidates, Zoe Bruner, S. Keith Cooper, and Robert S. Clements.
Vote: Chairman Greer called for a vote on the appointment of Zoe
Bruner as an alternate member. 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 S.
Keith Cooper. Upon vote, the MOTION CARRIED AS FOLLOWS, and Mr.
Cooper was appointed to serve as an alternate member on the Zoning
Board of Adjustment for a 3-year term that will expire on December
1, 1995.
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 826
Motion: After discussion of the Zoning Board of Adjustment being
a board with no oversight by the Board of County Commissioners and
the importance of decisions rendered by this board, which are
appealed in Superior Court, Commissioner Sisson MOVED to require
all newly appointed members to attend a training session conducted
by County Staff or the Institute of Government to become better
informed on their responsibilities. The floor was opened for
discussion.
Commissioner Barone expressed concern for this being an insult
to members who have just been reappointed and to persons already
familiar with the responsibilities of the Zoning Board of
Adjustment.
Further discussion was held on the need to conduct a training
session. Assistant County Manager, Dave Weaver, reported in the
past a Staff Member from the Institute of Government has presented
an evening seminar for the Zoning Board of Adjustment, which was
most informative. Staff will be glad to arrange for another
semlnar.
Amended Motion: Commissioner Sisson AMENDED THE MOTION, SECONDED
by Vice-Chairman Mathews to provide a training session for newly
appointed members of the Zoning Board of Adjustment and strongly
encourage each member to attend. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 11:34 A.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:41 A.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION OF RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION FOR $39,900,000 IN NEW HANOVER
COUNTY SCHOOL BONDS AND $13,900,000 IN CAPE FEAR COMMUNITY COLLEGE
BONDS
Chairman Greer reported discussion has been held with the
Finance Director and the figure of $39,900,000 is acceptable;
however, he would like for the Board to re-vote on the exact
figure.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to amend the resolution authorizing the filing of an application
with the Local Government Commission for $39,900,000 in New Hanover
County School bonds and $13,900,000 in Cape Fear Community College
bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 25.
Authorization to Hire a Consultant for Perfor.mance of Fire Service
Needs Assessment on Industrial Segment of Highway 421 North and
Approval of Budget Amendment #94-0095
Commissioner Sisson reported on the immediate need to perform
a comprehensive fire needs assessment of the industrial segment of
Highway 421 North and stated funds are available in the Fire
Service District Budget to hire a consultant.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, NOVEMBER 15, 1993
BOOK 23
PAGE 827
Motion: After further discussion, Commissioner Sisson MOVED,
SECONDED by Commissioner Caster to authorize staff to hire a
consultant to perform a fire service needs assessment of Fire
District Five (North Wilmington) at a figure not to exceed $10,000
and approve the following Budget Amendment:
94-0095 Fire Service District
Debit
Credit
Fire Service District
North Wilmington VFD
$10,000
Contracted Services
$10,000
Upon vote, the MOTION CARRIED UNANIMOUSLY.
JOINT WORK SESSION SCHEDULED WITH THE BOARD OF EDUCATION AND CAPE
FEAR COMMUNITY COLLEGE BOARD OF TRUSTEES FOR DISCUSSION OF BOND
ISSUES
Consensus: After discussion of the need to be thoroughly informed
on the bond issues, it was the consensus of the Board to schedule
a joint Work Session with the Board of Education and Cape Fear
Community College Board of Trustees on December 13, 1993, at 7:00
P.M. in the Dale K. Spencer Building, 1802 South 15th Street,
Wilmington, North Carolina.
Discussion of Audit by Tax Management Associates (TMA)
Chairman Greer reported there is a firm who has refused to
allow TMA to audit their records. Even though, he is opposed to an
outside agency performing audits of local businesses, it is only
fair to follow the same procedure for all businesses.
Commissioner Barone inquired as to whether the County staff
can perform the audit?
Tax Administrator Register reported the Tax Department does
not have enough trained staff to perform this type of work without
utilizing the services of the Internal Auditor, which is quite time
consuming. Emphasis was placed on treating everyone fairly in the
audit review process.
Consensus: After discussion, it was the consensus of the Board to
authorize the Legal Department to proceed with the necessary action
for performance of the audit by TMA.
Report on 40th Anniversary Celebration for the Ogden Volunteer Fire
Department
Vice-Chairman Mathews reported on attending the 40th
Anniversary of the Ogden Volunteer Fire Department and stated the
event was informative and enjoyable.
Commissioner Barone reported she also attended.
MEETING CONTINUED UNTIL FRIDAY, NOVEMBER 19, 1993, AT 10:00 A.M. IN
ROOM 501
Chairman Greer continued the meeting until Friday, November
19, 1993, at 10: 00 A.M. in Room 501 of the New Hanover County
Administration Building, 320 Chestnut Street, Wilmington, North
Carolina.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board