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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 \