1994-03-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 989
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 21, 1994, at 9:30 A.M. in the First Floor
Assembly Room of the New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; WilliamA.
Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P.
Elmore.
Chairman Greer called the meeting to order and welcomed
everyone present. He apologized for the meeting starting late and
reported the Commissioners were in a Joint Special Meeting with
Wilmington City Council regarding the unilateral Administrative
Order from EPA on the Burn pit.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Andrew J. Atkinson, Deputy County Manager,
invocation.
gave
the
Commissioner Barone led the audience ln the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
The following comments were presented:
Mr. Daniel McComas, Chairman of the Economic Council of the
Greater Wilmington Area Chamber of Commerce, expressed appreciation
to the Commissioners for funding the film office. He introduced
Mr. Mark Stricklin, the new Film Commissioner.
Mr. Stricklin spoke briefly on the opening of the film office
on February I, 1994, and his objectives as the commissioner of the
film office. The film office will be a liaison for the motion
picture industry and will aid on-location production. He will
promote more interest for the film industry in the Wilmington area.
APPROVAL OF CONSENT AGENDA
Chairman Greer reported the County Manager has requested the
removal of Items 7F and 7H of the Consent Agenda to be presented at
a later time.
Motion: Commissioner Sisson MOVED, SECONDED by
Mathews, to remove Items 7F and 7H of the Consent
approve the remaining items on the Consent Agenda.
MOTION CARRIED UNANIMOUSLY.
Vice-Chairman
Agenda and to
Upon vote, the
CONSENT AGENDA
Adoption of Resolutions Requesting the Addition of Roads to the
State Maintained Highway System
The Commissioners adopted resolutions requesting the addition
of roads in the following subdivisions to the State Maintained
Highway System:
Dutch Square Subdivision
Laurel Ridge Subdivision, Sections 1-3
Meadowbrook Subdivision, Sections 1-4
Oxford Place Subdivision, Sections 5-6
South of Woodberry Subdivision, Section 1
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 5.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 990
Rejection of All Bids Received for the Purchase of Type I
Ambulances, Bid #94-0240
The Commissioners adopted a resolution rejecting all three
bids received for the purchase of two Type I Ambulances. Staff
determined that bids received from First Response, Southern
Ambulance Builders, Inc. and Professional Vehicles were non-
responsive to the warranty provision and recommended rejection of
the bids and to begin the bid process again.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 5.
Acceptance of Tax Collection Reports Through February 28, 1994
The Commissioners approved the following Tax Collection
Reports through February 28, 1994:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXII, Page 5.
Approval of Reclassification of Five positions in the Sheriff's
Department
The Commissioners approved the reclassification of five
positions in the Sheriff's Department. Two classifications of
Captain were changed to Major, two classifications of Lieutenant
were changed to Captain and one classification of Clerical
Specialist I was changed to Computer Systems Administrator I.
Approval of Special Allowance for Jackie Williams-Rowland, Parks
Department
The Commissioners approved a special allowance to compensate
Jackie Williams-Rowland, Administrative Secretary in the Parks and
Recreation Department, for extra duties performed while the County
was without a Parks Director. The allowance of $873.00, is
equivalent to two weeks salary.
Approval of Budget Amendment #94-0176 Sheriff's Department
Federal Forfeited Property
The Commissioners approved the following Budget Amendment:
94-0176 Sheriff's Department Federal Forfeited Property
Debit
Credit
Sheriff's Dept./Federal Forfeited Property
Federal Forfeited Property
$7,116
Sheriff's Dept./Federal Forfeited Property
Motor Vehicles
Beeper and Pagers
Supplies
$1,000
500
5,616
Purpose: To budget additional revenue received in FY 1993-94.
Federal Forfeited Property funds are budgeted as received and must
be used for law enforcement activities as the Sheriff deems
necessary.
Approval of Budget Amendment #94-0177 Sheriff's Department
Controlled Substance Tax
The Commissioners approved the following Budget Amendment:
94-0177 Sheriff's Department Controlled Substance Tax
Debit
Credit
Sheriff's Dept./Controlled Substance Tax
Controlled Substance Tax
$4,095
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 991
Sheriff's Dept./Controlled Substance Tax
Capital Outlay
$4,095
Purpose: To budget additional revenue received in FY 1993-94.
Controlled Substance Tax funds are budgeted as received and must be
used for law enforcement activities as the Sheriff deems necessary.
Approval of Budget Amendment #94-0179 Social Services/
Administration/CP&L Intervention Program
The Commissioners approved the following Budget Amendment:
94-0179 Social Services/Administration/CP&L Intervention Program
Debit
Credit
Social Services/Administration
DSS Administration Grants
$20,335
CP&L Intervention Proqram
Assistance Payments
$20,335
Purpose: To budget additional State revenue for the CP&L
Intervention Program.
Approval of Budget Amendment #94-0180 - Fire District/ Appropriated
Fund Balance
The Commissioners approved the following Budget Amendment:
94-0180 Fire District/Appropriated Fund Balance
Debit
Credit
Fire District
Appropriated Fund Balance
$12,341
Federal Point VFD
$12,341
Purpose: To appropriate Fire District fund balance for replacement
of booster tank on truck #942 at Federal Point Volunteer Fire
Department (approved by the Board of Fire Commissioners on February
23, 1994).
Approval of Budget Amendment #94-0181 - Non-Departmental/Outside
Agencies/Cultural & Recreational
The Commissioners approved the following Budget Amendment:
94-0181 Non-Departmental/Outside Agencies/Cultural & Recreational
Debit
Credit
Non-Departmental
Contingencies
$768
Outside Aqencies/
Cultural & Recreational
Military Affairs Committee
$768
Purpose: To transfer funds from contingencies for one-half of the
reception cost for the November 1993, HMS Argyll visit to the area.
Approval of Budget Amendment #94-0183 - Health Department/Home
Health
The Commissioners approved the following Budget Amendment:
94-0183 Health Department/Home Health
Debit
Credit
Health Department/Home Health
Home Health Fees - Medicare
$368,810
Salaries & Wages
FICA
$11,500
890
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 992
(Budget Amendment Continued)
Medical Insurance
Contracted Services
Postage Expense
printing Expense
Dues & Subscriptions
Training & Travel
Debit
Credit
$ 793
340,000
1,927
4,000
6,700
3,000
Purpose: To budget greater than anticipated Medicare revenues to
cover cost of four new positions and additional operating expenses
in Home Health (no County funds required) .
PRESENTATION OF SERVICE AWARDS TO NEW HANOVER COUNTY EMPLOYEES
County Manager O'Neal introduced the following employees and
requested them to step forward to receive service awards:
Five-Year Service Awards
Catherine A. Barger, Health Department
Kathy C. Nuttall, Health Department
Gloria J. Fossett, Health Department
Cheryl D. Hoffman, Aging Services
Suzanne S. Craft, Parks Department
Jan G. Kavanaugh, MIS
Ruby M. Cromartie, Property Management
Thomas T. Pickett, Property Management
Freddie Brown, Property Management
Mildred G. Webb, Property Management
Kurt J. Bartle, Sheriff's Department
John H. Kennedy, Sheriff's Department
Steven P. Maloney, Engineering Department
Dale R. Cromartie, Department of Social Services
Andrea R. Kelly, Department of Social Services
Melody B. Lewis, Department of Social Services
Ten-Year Service Awards
Carolyn T. Beatty, Human Resources
Alfred H. Brewington, Vehicle Management
Phyllis Smyre, Sheriff's Department
Clarence Hayes, Sheriff's Department
Anna B. Garcia, Health Department
Fifteen-Year Service Award
Gladys S. Bryant, Human Resources
Twenty-Year Service Award
Joyce H. Wommack, Department of Social Services
Thirty-Year Service Award
John W. McCormick, Health Department
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager 0' Neal recognized the following new County
employees:
Debbie Carter, Human Resources
June Clifton, Department of Social Services
Cheryl McClammy, Department of Social Services
Sherry Cooke, Department of Social Services
Kim Sykes, Health Department
Kimberly Phillips, Health Department
Ann DeMello, Health Department
Janice Fowler, Health Department
Juanita Edralin, Health Department
Carol Honeycutt, Tax - Land Records
Joan Russell, Health Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 993
PRESENTATION BY PORTERS NECK QUALITY OF LIFE ASSOCIATION ON
CONCERNS WITH THE PROPOSED QUARRY IN PENDER COUNTY
Mr. W. T. Ross, President of the Porters Neck Quality of Life
Association, expressed concern about water quality and saltwater
intrusion in the Porters Neck area. He reported Rick Shiver, with
the Department of Environmental Management, sampled wells in the
Bald Eagle Lane area and found that 33 wells of 111 were above the
EPA limits of 250 parts per billion of chlorides. Mr. Ross
expressed concern with the results of the PenderWatch Study on the
possible effect of the quarry site in the Hampstead area. He
introduced Alfred Freimark, President of PenderWatch and
Conservancy, to give a presentation in opposition to the proposed
quarry.
Mr. Freimark expressed appreciation to the Commissioners for
allowing him to speak regarding the concerns of the people in
Pender County about the proposed quarry site. He reported a year
ago Martin Marietta announced plans to put a quarry in the
Hampstead area. The PenderWatch group has expressed concern to the
Commissioners of Pender County and requested information from
Martin Marietta. Since no response has been given, the group hired
Ralph C. Heath, a consulting hydrogeologist, to study the impact of
the proposed quarry on the ground-water resources in the Hampstead
area. Mr. Heath's report was substantiated by other
hydrogeologist in the area.
The group learned the Land Use Plans of both New Hanover and
Pender Counties are to plan for and manage the future by protecting
our resources, provide for health, safety and welfare of our
citizens, attract compatible industry and commerce and to advise
industries and commerce that are not compatible.
The proposed quarry will be located on 1500 acres as compared
to the Rocky Point quarry of 246 acres. The quarry will be 90 feet
deep consisting of 40 feet of earth and 50 feet of limestone. The
drawdown of water will require 15 million gallons a day. The lease
will be for 80 years which is the anticipated life of the limestone
at the site. The quarry is 2 miles from estuarine waters of Pender
County.
The drawdown of water will result in a drop in the water level
and saltwater encroachment in wells and the risk of sinkhole
development. He expressed concern with the additional traffic of
250 to 300 trucks per day. Martin Marietta estimates that two-
thirds of that traffic will be southbound. Air pollution will
increase from the additional heavy trucks and from mining. There
will be noise pollution from blasting twice a week and from heavy
machinery and trucks everyday.
Mr. Freimark stated economic consequences will be minimal
property taxes, minimal employment and low wages. Adj acent
properties will be devalued for commercial and residential areas.
This large operation will be the dominant feature in this small
community. Mr. Bruce Cameron is the owner of the property.
Mr. Freimark recommended establishing a new zoning district to
extend six miles inland from the coast which will not allow
sanitary landfills, petroleum terminals/storage, concrete or
asphalt plants, mining or quarrying, or anything that can affect
the resources below the earth.
Many of the wells in the Scotts Hill and Hampstead area will
have to be drilled and screened deeper in the aquifer which will
also increase electric-power bills. Areas along U.S. Highway 17
and along N.C. Highway 21 in the vicinity of the quarry will have
sinkholes and other collapse features. There will be saltwater
encroachment in the water supply in the areas east of U.S. Highway
17.
Commissioner Sisson asked who confirmed Mr. Heath's report and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 994
what conclusions did Professor Farrell with UNCW glve on the
economlC effect of the quarry?
Mr. Freimark answered that Rick Catlin and some State
officials reviewed the report and agreed with the findings. Dr.
Claude Farrell had data that concluded the area would benefit more
from residential and other commercial developments rather than from
this industrial development. Since half of the population of the
u.s. lives one day's distance from a coast, it is most likely that
there will be something better commercially or residentially on
this land in 80 years.
Mr. Freimark reported a public hearing of the Pender County
Board of Commissioners is scheduled for April 25 to consider
PenderWatch's recommendation. PenderWatch will have an open
meeting on April 12 in order for the people of Pender County to
make an informed opinion. He requested the New Hanover County
Board of Commissioners to write a letter to the Commissioners of
Pender County in support of PenderWatch's recommendation. This
decision on the proposed quarry will effect the people of Pender
County and New Hanover County alike.
vice-Chairman Mathews stated all the Commissioners want to
protect and keep our clean water supply. The County's Groundwater
Task Force probably should consider the ramification of the
proposed quarry on New Hanover County. In retrospect he felt a
water supply system may be a higher need than the sewer system in
some areas of the county.
Commissioner Caster asked what will happen with the water that
lS pumped out and what kind of permit approval is needed?
Mr. Freimark answered the water will probably be pumped into
the Northeast Cape Fear River, Harris Creek or Island Creek. A
Special Use Permit will be needed from Pender County. Mining is
allowed in RA (Rural Agriculture) Districts. The Mining Commission
must also approve the plan. It is important to note that on
reapplications, the Mining Commission has never turned a request
down. Mining lobbyist are very effective in North Carolina.
Chairman Greer thanked Mr. Freimark for his presentation and
for bringing this to the attention of the New Hanover County
Commissioners.
CONSIDERATION OF APPEAL OF PENALTY BY HOSPITALITY CONCEPTS, INC.
Tax Administrator Roland Register reported that Hospitality
Concepts, Inc. (Howard Johnson Hotel) accepted the findings of the
audit by Tax Management Associates; however, they are requesting a
release of the penalty. As in prior requests, staff recommends
upholding the penalty.
Ms. Sadie Hood, General Manager of Howard Johnson Plaza Hotel
and representing the owners of Hospitality Investments
International, spoke regarding the appeal. Mr. Ramesh B. Gokal,
President of Hospitality Investments, sent his apologies for not
being able to attend the meeting because of a very serious family
emergency.
Ms. Hood stated that although TMA determined that Hospitality
Investments had not reported personal property separately for the
years 1989 - 1993, they were shown that the property was listed as
real property. She respectfully requested the Board to consider a
waiver of the penalties assessed because of an honest
misunderstanding.
Mr. Register reiterated that the Board has not released any
penalties from audits done by TMA and recommended uniformity in
treatment of everyone regardless of the reasons.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 995
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson, to uphold the penalty assessed on the 1993 discovery for
Hospitality Concepts. Upon vote, the MOTION CARRIED AS FOLLOWS:
Aye:
Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Nay:
Commissioner Barone
CONSIDERATION OF APPEAL OF SITUS AND VALUE OF 50 FOOT CHRISCRAFT
YACHT
Tax Administrator Roland Register reported the appeal is on a
1993 discovery of a 50 foot ChrisCraft yacht listed on a report
from Bradley Creek Marina. The owner, John Terrence Mildenberg,
informed the Tax Office that the boat was docked at Bradley Creek
Marina from October 13, 1992 to April 28, 1993, for storage and
extensive repairs. After the repairs, the yacht went to the
Bahamas and has not returned. Mr. Mildenberg reported that the
boat was not permanently situated in this County and his name ln
the phone book does not make him a resident. If he is taxed, he
asked that the taxes be prorated and the penalty released.
On the value of the ChrisCraft, Mr. Mildenberg has stated the
assessed value of $415,000 is a high value. He has been offered a
selling price of $325,000. The BUC Publication lists the lowest
value for a 50 foot, 1989 model at $415,000 and the highest value
at $508,000. The dock at Bradley Creek Marina was leased from
March 1, 1992 until March 1, 1993 and renewed from March 1, 1993 to
March 1, 1994. He purchased a residence in New Hanover County on
July 12, 1991, and adjacent property on September 10, 1991. As of
December 1993, Mr. Mildenberg is a resident of New Hanover County.
Mr. Register advised the Board of the legal interpretation for
the boat to be taxable in New Hanover County for 1993 and 1994. In
1993, the residence purchased can be viewed as being seasonal and
the boat can be taxed at the location of the seasonal residence.
The most appropriate statute to determine the situs for 1993
relates to his having a business premise, such as Bradley Creek
Marina, that is used or hired by the owner. By that statute, the
boat would be taxable at the place where the marina is located.
For 1994, Mr. Mildenberg is a resident of the state and follows a
U.S. Supreme Court decision that North Carolina has the
jurisdiction for that boat even if it is not located here. Mr.
Register recommended upholding the 1993 discovery and the assessed
value. There is no provision for prorating taxes on boats.
Mr. Mildenberg responded that while he was in New Hanover
County starting a business, the boat was brought here for extensive
repairs and storage. The boat left on April 28, 1993, and will not
be returning. He requested release of the $265 penalty for late
filing because he was unaware of the law. On the value of the
boat, Mr. Mildenberg stated during the last six months there were
two boats of the same model and year, that were sold for $325,000.
Chairman Greer informed Mr. Mildenberg that the Tax Department
will accept a certified marine surveyor's value of the boat.
Chairman Greer felt that it was not fair for the boat to be taxed
in New Hanover County with different circumstances for both years.
In 1994, Mr. Mildenberg is a resident of New Hanover County, but
the boat is not here. In 1993, Mr. Mildenberg was not a resident,
but was assessed taxes for the boat being located here.
Commissioner Sisson stated because the boat was in a permanent
location for more than six months continuously, it should be taxed.
Being located here for less than six months was the standard used
in the boat appeals earlier this year.
Commissioner Barone pointed out that Mr. Mildenberg's boat was
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 996
not here for six months in one calendar year.
three months in 1992 and four months in 1993.
It was here for
Commissioner Barone asked Mr. Mildenberg if he voted ln
Michigan through 1993?
Mr. Mildenberg answered that he did vote ln Michigan and never
misses an election.
Mr. Mildenberg complained that boat or airplane owners could
move their property out of the State during January and not have to
list them as personal property.
Mr. Register explained that if a boat is temporarily absent,
this does not defeat the property tax laws of North Carolina. It
is important to note that when people are here for a portion of a
year, they expect all the protection of the law that property taxes
provide. They should expect to pay property taxes in return for
that protection.
Chairman Greer called for a motion.
Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer, to
uphold the 1994 boat discovery and the penalty for late filing, but
to release the taxes from the 1993 discovery. The MOTION CARRIED
AS FOLLOWS:
Aye:
Commissioner Barone
Vice-Chairman Mathews
Chairman Greer
Nay:
Commissioner Caster
Commissioner Sisson
Mr. Register reminded Mr. Mildenberg that if he wants to
challenge the BUC value assessed for 1994, he will need a marine
surveyor to determine the value in a timely manner.
BREAK
Chairman Greer recessed the meeting for a break from 10:35
A.M. until 10:50 A.M.
CONSIDERATION FOR ESTABLISHMENT OF SCRAP TIRE TIP FEE FOR TIRES
INELIGIBLE FOR FREE DISPOSAL
Chairman Greer stated since he is in the tire business, he
would like to know if the Board would like for him to abstain from
discussion or voting on this matter.
The Board did not consider this matter to be a conflict of
interest since Chairman Greer would not personally benefit from the
approval or denial of this item.
Environmental Management Director Ray Church requested the
Board to establish a scrap tire tip fee of $82.50 per ton for non-
certified scrap tires delivered for disposal in New Hanover County.
State law allows local governments to charge disposal fees for
scrap tires that are not generated in a normal course of business.
This would include 1) nuisance tire dumps and other cleanup
projects 2) tires stockpiled by retailers and other businesses in
excess of 500 tires who are trying to avoid 1993 tipping fees and
3) tires stockpiled at junkyards.
Director Church was concerned that the State will not
reimburse the County for its cost of disposal through the grant
process if the County does not assess the tip fee. The County will
apply for a $75,000 State grant in April to cover the difference in
actual cost and revenues.
Chairman Greer stated that he does not want to discourage or
exclude people bringing scrap tires to the County for disposal who
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 997
are trying to clean up an area. Some people may not clean up an
area if they have to pay a tip fee.
Director Church explained there is an allowance of five scrap
tires per household. The law requires anybody moving scrap tires
to be certified and the County works with individuals to assure the
scrap tires are removed through a legal process. Most often the
County looks the other way when a few tires are involved. The
State is wanting to stop individuals from bringing scrap tires from
another county into New Hanover County for free disposal.
Chairman Greer stated as long as it is understood that the fee
lS not to keep people from disposing a few tires in order to clean
up an area, but to keep people from hauling tires in from other
counties or from bringing in large amounts that would cost the
county for disposal. The County would have to use some discretion
in what is administered.
Commissioner Barone stated it is like the case where one of
the major haulers is telling people that they will only pick up one
bag of yard waste and use the county as the excuse for not picking
it up. There are always incidents when people use laws to their
advantage and not for the intent of the law.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner
Caster, to approve the scrap tire tip fee for tires ineligible for
free disposal as recommended by staff. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
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 10:59 A.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:03 A.M.
COMMITTEE APPOINTMENTS
APPOINTMENT TO THE BOARD OF FIRE COMMISSIONERS
Chairman Greer opened the floor to receive nominations to fill
the unexpired term on the Board of Fire Commissioners for the
Seagate Fire Service District.
Commissioner Sisson nominated Robert Korf to represent the
Seagate Fire Service District. He stated the other two applicants
have direct ties with volunteer fire departments and should not be
considered for appointment. Commissioner Caster seconded the
nomination.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the Motion to appoint Robert Korf to fill the
unexpired term on the Board of Fire Commissioners to expire July 1,
1996, was UNANIMOUSLY APPROVED.
APPOINTMENT TO THE CAPE FEAR MUSEUM BOARD OF TRUSTEES
Chairman Greer opened the floor to receive nominations to fill
the unexpired term on the Cape Fear Museum Board of Trustees. Five
applications have been received and the Museum Board of Trustees is
recommending appointment of Mr. John Sifers.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 998
Commissioner Caster nominated John Sifers.
seconded by Commissioner Barone.
The nomination was
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the Motion to appoint John Sifers to fill the
unexpired term on the Museum Board of Trustees to expire June 30,
1996, was UNANIMOUSLY APPROVED.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION OF RESOLUTION TO CERTIFY AND DECLARE THE RESULTS OF THE
BOND ELECTION
Chairman Greer reported Bond Counsel has requested the Board
of Commissioners to certify and declare the results of the bond
election of March 8, 1994.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner
Caster, to adopt a resolution certifying the results of the March
8, 1994, Special Election. 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 XXII, Page 5.
JOINT MEETING SCHEDULED WITH WILMINGTON CITY COUNCIL TO DISCUSS
FUNDING OF OUTSIDE AGENCIES
County Manager O'Neal suggested the date of April 5, 1994, to
have a joint meeting with the Wilmington City Council in order to
discuss funding of outside agencies. Both City Council and the
Board of Commissioners could meet at 5:30 p.m. before the regular
meeting.
Commissioner Sisson stated that he will not be attending the
April 5, 1994 meeting; however, the meeting could proceed without
him.
County Manager O'Neal stated that he, also, will not be
attending the April 5, 1994 meeting.
Consensus: It was the consensus of the Board to schedule the joint
meeting with the Wilmington City Council on April 5, 1994, at 5:30
p.m. in Room 501 of the County Administration Building. The
purpose will be to discuss funding to outside agencies.
CHAIRMAN ROBERT G. GREER TO SERVE AS AN ADVISORY REPRESENTATIVE ON
THE ENTERPRISE COMMUNITIES AND EMPOWERMENT ZONES PROGRAM
Chairman Greer reported Mayor Betz has written a letter to the
County requesting a Commissioner to serve as an advisory
representative on the Enterprise Communities and Empowerment Zones
Program.
County Manager 0' Neal stated although the County is not
eligible for the funds in the unincorporated areas, the City is
wanting the County to participate in the process. The County
Manager and Ms. Pat Melvin, Assistant to the County Manager, will
be the staff members working in the sub-committees. Ms. Melvin
will be most helpful in the process because of her involvement in
developing the County's strategic planning effort.
Chairman Greer volunteered to serve as the representative of
the Board of Commissioners.
Consensus: It was the consensus of the Board to appoint Chairman
Greer to represent the Board of Commissioners on the Enterprise
Communities and Empowerment Zones Program.
ADOPTION OF RESOLUTION IN MEMORY OF SENATOR JOHN B. CODINGTON
Chairman Greer stated the passing of Senator John B. Codington
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 999
is a loss to all of New Hanover County and presented a resolution
for adoption in his memory.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner
Barone, to adopt a resolution in memory of the late Senator John B.
Codington. 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 XXII, Page 5.
SCHOOL BOND REFERENDUM
County Manager O'Neal stated when possible, future items
regarding the school bonds will be listed on the agenda instead of
being brought up as additional items.
Chairman Greer stated the public was assured that the
Commissioners would scrutinize any request concerning the bond
lssues. These items will need to be studied closely to make sure
it is in the direction that the community as a whole wants. There
may be times when items may need to be held up for more input.
WAIVER OF FEES FOR THE DISPOSAL OF THE AIR SHOW SOLID WASTE
County Manager O'Neal reported Airport Director Robert Kemp
has requested the County to waive landfill tipping fees for
disposal of the solid waste generated by the air show. The
contractor, Waste Management Corporation, will have one thirty yard
container to be dumped on Monday, April 11, 1994.
The County Manager reminded the Board that a letter was
written to all county public agencies to formally make them aware
that trash should be disposed of in New Hanover County and should
be considered in any contract with the private haulers.
Assistant County Manager Weaver stated for the purpose of
minimizing our environmental liability, the trash should not be
taken out of the County.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone, to waive the fees on one large 30 yard container of solid
waste from the 1994 Air Show, to be delivered to the Incinerator.
The floor was opened for further discussion.
Commissioner Sisson requested amending the motion to include
that Mr. Robert Kemp, Airport Director, or his designee, will
certify to the County the container number or some appropriate
designation to prove the load of trash is from the Airport.
Vice-Chairman Mathews agreed to the amended motion; however,
Commissioner Barone stated that she could not second the amended
motion. Commissioner Sisson seconded the motion. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF LETTER FROM RUTHERFORD COUNTY IN SUPPORT OF ALLOWING
LOCAL GOVERNMENTS TO ENACT SALES TAX AND ELIMINATE PROPERTY TAX AS
A FUNDING SOURCE.
Commissioner Barone stated she received a letter from
Commissioner C. Russell Duncan of Rutherford County asking for
support of enabling legislation to allow local governments to enact
sales tax and eliminate property tax as a funding source.
County Manager O'Neal suggested that the NCACC should review
the matter in order for counties to be unified on legislation for
revenue sources.
In discussion, it was determined that the Commissioners would
need additional information to make a decision on the matter.
Chairman Greer stated he is not in favor of local governments
enacting sales tax; however, he agreed to have the NCACC to review
the matter.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 21, 1994
BOOK 23
PAGE 1000
Commissioner Barone stated she will be attending a meeting of
the NCACC's Finance and Taxation Steering Committee on April 8,
1994, and she will refer the letter from Rutherford County to the
Committee.
Consensus: It was the consensus of the Board that Commissioner
Barone would submit the letter from Rutherford County to the
NCACC's Finance and Taxation Committee for more information.
APPLICATION REVISION FOR APPOINTMENTS TO BOARDS AND COMMITTEES
Commissioner Sisson reported on a case of an individual
serving as a member on both a City and a County quasi-judicial
board. He expressed concern for problems that could be experienced
in this type of situation and recommended revising the committee
application to request applicants to list if they are currently
serving on any board appointed by a municipality or the County.
Consensus: After further discussion, it was the consensus of the
Board to revise the Application for Appointments to Boards and
Committees by requesting the applicant to list if he or she is
currently serving on any board appointed by a municipality or the
County. Applicants on file are to be sent a card requesting them
to indicate if they are currently serving on a board appointed by
a municipality or County and to update any pertinent information if
necessary.
CONTINUED DISCUSSION OF PROPOSED QUARRY IN PENDER COUNTY
In further discussion of the proposed quarry in Pender County,
Staff was instructed to have the Environmental Management staff
determine if the proposed quarry in Pender County will have an
environmental impact on New Hanover County. The County Manager is
to contact Martin Marietta for additional information and the item
should be placed on the agenda for the second meeting in April.
REPORT ON THE BOARD OF FIRE COMMISSIONERS AND THE SOUTHEASTERN
CENTER AREA BOARD
Commissioner Sisson reported the Board of Fire Commissioners
will have a budget review meeting on Wednesday night, March 23,
1994. Also, the Southeastern Center Area Board will meet Tuesday
night in Brunswick County. The Board plans to consider a short
list of individuals for the interim director position.
APPROVAL OF SUBMITTING JOINT CAMA GRANT WITH THE CITY OF WILMINGTON
FOR A MASTER PLAN FOR THE DOWNTOWN AREA
Assistant County Manager Dave Weaver reported Mike Hargett,
Assistant to the City Manager, has requested the County to join the
City in applying for a CAMA planning grant to develop a new master
plan for the downtown area. At this time the cost is undetermined
and there may be some in-kind services required of the Planning
Department. The County is not committed, but simply making an
application. The grant application is due March 25, 1994.
Consensus: After discussion, it was the consensus of the Board to
approve the submittal of a joint CAMA grant application with the
City of Wilmington for a master plan of the Downtown Area.
ADJOURNMENT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 12:05 P.M.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board
MINUTES OF REGULAR MEETING, MARCH 21, 1994
PAGE 1000
commissioner Barone stated she will be attending a meeting of
the NCACC's Finance and Taxation Steering committee on April 8,
1994, and she will refer the letter from Rutherford County to the
Committee
Consensus It was the consensus of the Board that Commissioner
Barone would submit the letter from Rutherford County to the
NCACC's Finance and Taxation Committee for more information
/"""
APPLICATION REVISION FOR APPOINTMENTS TO BOARDS AND COMMITTEES
Commissioner sisson reported on a case of an individual
serving as a member on both a City and a County quasi-judicial
board He expressed concern for problems that could be experienced
in this type of situation and recommended revising the committee
application to request applicants to list if they are currently
serving on any board appointed by a municipality or the County
Consensus After further discussion, it was the consensus of the
Board to revise the Application for Appointments to Boards and
Committees by requesting the applicant to list if he or she is
currently serving on any board appointed by a municipality or the
County Applicants on file are to be sent a card requesting them
to indicate if they are currently serving on a board appointed by
a municipality or County and to update any pertinent information if
necessary
CONTINUED DISCUSSION OF PROPOSED QUARRY IN PENDER COUNTY
In further discussion of the proposed quarry in Pender County,
Staff was instructed to have the Environmental Management staff
determine if the proposed quarry in Pender County will have an
environmental impact on New Hanover County The county Manager is
to contact Martin Marietta for additional information and the item
should be placed on the agenda for the second meeting in April
----~
REPORT ON THE BOARD OF FIRE COMMISSIONERS AND THE SOUTHEASTERN
CENTER AREA BOARD
Commissioner sisson reported the Board of Fire Commissioners
will have a budget review meeting on Wednesday night, March 23,
1994 Also, the Southeastern Center Area Board will meet Tuesday
night in Brunswick County The Board plans to consider a short
list of individuals for the interim director position
APPROVAL OF SUBMITTING JOINT CAMA GRANT WITH THE CITY OF WILMINGTON
FOR A MASTER PLAN FOR THE DOWNTOWN AREA
Assistant county Manager Dave Weaver reported Mike Hargett,
Assistant to the City Manager, has requested the County to join the
City in applying for a CAMA planning grant to develop a new master
plan for the downtown area At this time the cost is undetermined
and there may be some in-kind services required of the Planning
Department The County is not committed, but simply making an
application The grant application is due March 25, 1994
Consensus After discussion, it was the consensus of the Board to
approve the submittal of a joint CAMA grant application with the
City of Wilmington for a master plan of the Downtown Area
ADJOURNMENT
Motion Commissioner Caster MOVED, SECONDED by Commissioner Barone ~
to adjourn Upon vote, the MOTION CARRIED UNANIMOUSLY
Chairman Greer adjourned the meeting at 12 05 P M
Respectfully submitted,
.j~ -I ~
Teresa P Elmore
Deputy Clerk to the Board
\