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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