HomeMy WebLinkAbout1999-01-19 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 21
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday,
January 19, 1999, at 9:00 a.m. in the New Hanover County Courthouse Assembly Room, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew J. Atkinson, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
Chairman Caster expressed appreciation to Deputy County Manager Atkinson for giving the
invocation and he reported that he had been attending bible study on Sunday nights where discussion
was held on the difficulty of finding good people to work with on a daily basis. He said after leaving
the meeting, he thought about how fortunate he was to be working with his fellow Commissioners
and Administrative Staff of the County.
NON-AGENDA ITEMS
Chairman Caster announced that time has been reserved to allow anyone from the public to
present an item that was not listed on the Regular Agenda or to comment on an item that was listed
on the Consent Agenda.
No items were presented.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested removal of the minutes since a majority of the members had been
out of town attending the North Carolina Association of County Commissioners Legislative Briefing
in Research Triangle and did not have enough time to read the sets of minutes.
Vice-Chairman Greer requested removal of Consent Agenda Items 3 and 6 for further
discussion.
Discussion followed on Consent Agenda Item 6. Vice-Chairman Greer requested staff to
explain why the County owned property on Military Cut-Off Road was being sold through an auction.
Deputy County Manager Atkinson responded after reviewing the available options in the
General Statutes for selling the property, staff felt that an auction was a method that would prevent
the County from becoming involved with the upset bidding process which could continue for a much
longer period of time. Establishing the appraised price of the property at $400,000 as the minimum
starting bid at the auction, will allow all interested parties to submit bids, which will allow the County
to move more quickly with the sale of the property.
Vice- Chairman Greer expressed appreciation for the explanation.
Chairman Caster requested a motion to approve the Consent Agenda.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to defer action
on the minutes listed under Consent Agenda Item 1; approve the auction for sale of county owned
property as outlined in Consent Agenda Item 6; withdraw Consent Agenda Item 3; and approve the
remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 22
CONSENT AGENDA
Acceptance of N. C. Division of Pollution Prevention and Environmental Assistance (DPPEA)
Grant
The Commissioners accepted the N. C. Division of Pollution Prevention and Environmental
Assistance grant award in the amount of $4,000 and approved the associated budget amendment
listed below for the Environmental Management Department to proceed with the Industrial
Discharge Project. This project will require Environmental Management staff to contact four local
industries and arrange for waste audits at each industry for the purpose of reducing the waste stream.
Audits will be performed by the non-regulatory DPPEA staff. Proceeds from the grant will be shared
equally between Keep America Beautiful and Environmental Management.
Budget Amendment #99-0076 - Environmental Management/Recycling
DebitCredit
DPPEA Grant $4,000
Salaries & Wages$2,000
Contracted Services 2,000
Purpose:
To budget the Industrial Discharge Project grant award.
Acceptance of Tax Collection Reports Through the Month of December 31, 1998
The Commissioners accepted the following Tax Collection Reports through the month of
December 31, 1998, as submitted by the Collector of Revenue, Patricia J. Raynor:
New Hanover County Tax Collections
New Hanover County Fire District Collections
Copies of the reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXV, Page 2.
Release of Values - Tax Department
The Commissioners released the following late listing penalties since this was the first offense
of the taxpayers:
ISO Aero Services, Inc.$288.30
William Arthur Stephen$ 17.23
The Commissioners approved the following delinquent applications for exemption from the
property tax for the following organizations:
Church of God of ProphecyRO4215-007-015-000
Healing Waters Holiness ChurchRO5413-005-006-000
Health Sciences Foundation, Inc.RO6015-002-005-000
RO6007-004-029-000
New Hanover Regional Medical CenterRO6015-001-015-000; P980411958
St. Stanislaus Catholic ChurchRO1700-003-003-000
Adoption of Resolution for the Sale of County Owned Property on Military Cut-Off Road
Through an Auction
The Commissioners adopted a resolution to authorize staff to conduct an auction to sell
property consisting of approximately two acres located on Military Cut-Off Road to be conducted
in accordance with NCGS 160A-270. The date of the auction is scheduled for Monday, February
22, 1999, at 11:00 a.m. in Conference Room 501 located in the New Hanover County Administration
Building, 320 Chestnut Street, Wilmington, North Carolina.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 23
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 2.
Adoption of NationsBank Resolution for Opening and Maintaining Deposit Accounts and
Services for New Hanover County
The Commissioners adopted a NationsBank resolution for opening and maintaining deposit
accounts and services as required by the bank to be kept on file for all New Hanover County accounts
with NationsBank.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit XXV, Page 2.
Authorization for New Hanover Regional Medical Center to Submit a Grant Request to the
Governor’s Crime Commission
The Commissioners authorized New Hanover Regional Medical Center to submit a grant
request in the amount of $137,207 to the Governor’s Crime Commission for the hospital to continue
to operate the Communities That Care program. No funding is required from New Hanover County.
If the grant is accepted, the County Manager is authorized to accept the grant award.
Approval of a New Full-Time Regular Clerical Assistant Position for the City-County Vice and
Narcotics Unit
The Commissioners approved a new full-time Clerical Assistant position for the City-County
Vice Narcotics Unit. Since combining the City-County Vice and Narcotics Unit, the workload has
significantly increased for the clerical staff.
DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 3, CONSIDERATION OF
A CONTRACT WITH FOX LAWSON & ASSOCIATES TO CONDUCT A COUNTY-WIDE
PAY AND CLASSIFICATION STUDY
Vice-Chairman Greer advised that he was not in favor of the proposed county-wide Pay and
Classification Study. He reminded the Board that he expressed opposition to this item when it was
first discussed.
Commissioner Birzenieks spoke on the need to perform a Pay and Classification Study
approximately every three to five years so the Department of Human Resources will have an equitable
system in place to be sure that all County positions are properly classified and employees are paid fair
wages.
Motion:
After stressing the importance of maintaining a healthy morale among County employees,
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to authorize the Human
Resources Department to contract with Fox Lawson & Associates, LLC based in Roseville,
Minnesota, to conduct the county-wide Pay and Classification Study for a fee not to exceed
$131,000. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Chairman Caster
Voting Nay:Commissioner Howell
Vice-Chairman Greer
PRESENTATION OF SERVICE AWARDS TO NEW HANOVER COUNTY EMPLOYEES
County Manager, Allen O’Neal, requested the following County employees to step forward
to receive service awards:
Shelia James, Social Services 5 years
Rebecca S. Spaven, Social Services 5 years
Marcia Wiggins, Library 5 years
Timothy S. Bottoms, Cape Fear Museum 5 years
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 24
Kimberly V. Livengood, Social Services10 years
Barbara J. Perilla, Health Department15 years
Jean B. Wall, Social Services15 years
Chairman Caster, on behalf of the Board, presented a service award to each County employee,
and he expressed appreciation to them for their years of dedicated service to New Hanover County.
A round of applause was given to the employees.
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager O’Neal requested the following new County employees to stand and be
recognized:
Richard Loeser, Aging Department
Shelley Hinson, Budget Department
Debbie Grymes, Finance Department
Keith Studt, Health Department
Ann Cole, Health Department
Margaret Eaton, Health Department
Eileen Redolphy, Health Department
Derek Maples, Parks Department
Ann Brown, Library
Carrie Phelps, Social Services
Regina Anderson, Social Services
Elizabeth Schmitt, Social Services
Sheila Humphrey, Social Services
Floyetta Rogers, Social Services
Carla Dixson, Social Services
Helen DePuy, Social Services
Nicole Beaucahmp, Social Services
Melita Newkirk, Social Services
Dean Hollandsworth, Social Services
Debbie Voyles, Social Services
Larry Bolick, Tax Department
Louise Lyons, Tax Department
Chairman Caster, on behalf of the Board, welcomed the new employees to New Hanover
County government, and he wished them well in their new careers.
ANNUAL REPORT ON THE ACTIVITIES OF THE COMMUNITY SERVICE WORK
PROGRAM
Ms. Vanessa King, Coordinator for the Community Service Work program, expressed
appreciation to the Board for an opportunity to discuss the activities of the program. She presented
a brief report and the following statistics on the success of the program in New Hanover County.
November 1998 Fiscal Year
Total Admissions183899
Successful Completions118691
Unsuccessful Completions 42204
Total Completions160895
Total Hours Performed 4,000 31,820
Value of Hours Performed $20,600$163,873
Fees Ordered/Collected $18,300$ 89,900
Number of Offenders
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 25
Assigned for Litter Pick Up 24 144
Number of Bags Picked Up 251 1,531
In concluding the presentation, Ms. King advised that Community Services was working
closely with County agencies, especially the Parks Department and Cooperative Extension Services.
She stressed the importance of everyone understanding that community service work was a form of
punishment that paid back the community for crimes committed and at the same time made it
unnecessary to imprison all convicted offenders.
Vice-Chairman Greer requested an explanation of how the workers are distributed.
Ms. King advised that each offender was assigned a specified work area with the agencies
providing the transportation. She said when trying to schedule workers on weekends, it has been
difficult because many agencies were closed and there was no supervision available for the workers.
Commissioner Birzenieks complimented Ms. King for the success of the program and he
asked if more workers could be assigned to litter pick-up.
Ms. King responded that since Keep America Beautiful had become involved, more workers
were being assigned to litter pick-up.
Vice-Chairman Greer recommended fully utilizing the workers for picking up litter and other
work projects seven days a week, which in his opinion, would be cost effective even if the County
agencies have to pay the cost for supervisory personnel.
Ms. King expressed appreciation for the offer and stated she would work with the County in
trying to increase the utilization of the workers.
PUBLIC HEARING TO CONSIDER REVENUE BOND FINANCING BY THE NEW
HANOVER REGIONAL MEDICAL CENTER
Chairman Caster reported that one of the purposes of the meeting was to conduct a Public
Hearing regarding the issuance by the County of its revenue bonds in an aggregate principal amount
up to but not to exceed $130,000,000 for the purpose of (1) repaying all or a portion of a loan to
New Hanover Regional Medical Center, a North Carolina nonprofit corporation, the proceeds of
which were used by the Corporation to fund the acquisition of certain assets known as Cape Fear
Hospital and related facilities including without limitation the main hospital building and related land,
buildings, equipment and other property at or near 5301 Wrightsville Avenue, a rehabilitation facility
located at 5220 Oleander Drive, and a medical office building at 5302 Oleander Drive; (2) renovating
and improving certain of its facilities described above and at the facility known as New Hanover
Regional Medical Center, located at or near 2131 South 17th Street including without limitation “life
safety code” improvements; and (3) paying certain expenses in connection with the issuance of the
bonds (including the bond insurance premium). The facilities described above are owned by the
County and operated by the Corporation.
Chairman Caster informed the Board that a notice of the Public Hearing had been published
in the Wilmington Star-News on a date at least 14 days prior to the date of the Public Hearing.
Chairman Caster directed that affidavits showing such publication be attached to the extract of the
minutes as Exhibit A.
Chairman Caster requested a motion to proceed with the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to proceed with
holding a Public Hearing on the projects and purposes described above and on the issuance of
revenue bonds to finance the projects and purposes described. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 26
Chairman Caster asked if anyone present would like to speak on the proposed projects and
purposes as presented.
No comments were received.
Chairman Caster requested a motion to close the Public Hearing.
Motion:
Vice-Chairman Greer MOVED that the Public Hearing be closed. The motion was
SECONDED by Commissioner Birzenieks. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Commissioner Birzenieks MOVED that the projects and purposes as proposed be approved
and that the issuance of the bonds also be approved. The motion was seconded by Vice-Chairman
Greer. 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 XXV, Page 2.
DISCUSSION OF NEW HANOVER REGIONAL MEDICAL CENTER SUBLEASE
AGREEMENTS
County Attorney Copley informed the Board that New Hanover Regional Medical Center
(NHRMC) was in a unique position in that the hospital has always leased space from other parties.
With the ownership of Cape Fear Hospital, there is office space at the Wrightsville campus and on
Oleander Drive that private physicians are interested in leasing. A letter has been received from
Attorney Dumay Gorham, Counsel for NHRMC, asking the extent that New Hanover County would
like to become involved with the leasing process of hospital facilities to private physicians or other
tenants. This process will involve a sublease agreement because New Hanover County owns the
hospital and the hospital leases the from the County, which makes it necessary for a sublease
agreement to be drawn for the hospital to lease to a tenant.
In closing, Attorney Copley requested direction from the Board, and she asked if the
Commissioners desire to approve all sublease agreements, or would the Board prefer to be more
flexible and place these items on the Consent Agenda after NHRMC has negotiated with a potential
tenant.
Commissioner Birzenieks, the Commissioners’ representative on the NHRMC Board of
Trustees, informed the Board that it would be appropriate for each sublease agreement to be placed
on the Consent Agenda because there could be times in the future when the County would need to
house a clinic for the Health Department or the Southeastern Center. He suggested that on an
informal basis, Dr. Atkinson and County Manager O’Neal should discuss any sublease agreement that
is being negotiated by the hospital before the item is placed on the Consent Agenda. This process
will allow for more flexibility and keep an open line of communication between the NHRMC and
New Hanover County.
Chairman Caster expressed concern for the proposed process impeding the hospital when they
are trying to negotiate with tenants.
Commissioner Birzenieks responded that if sublease negotiations are discussed between
County Manager O’Neal and Dr. Atkinson in advance of these items being placed on the Consent
Agenda, the approval process should not impede the hospital from moving forward with sublease
agreements. He also noted that he would keep the Commissioners informed about hospital
negotiations on sublease agreements as they occur.
Attorney Gorham reported that a sublease arrangement of this type was a new process for
NHRMC. In the past, the hospital has been able to acquire additional space and property from other
parties. Now, the hospital is involved with property they lease from the County that is vacant and
available to lease to a tenant. NHRMC does not see any immediate necessity to use the additional
space; however, it is felt that a procedure should be developed when NHRMC wishes to pursue
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 27
future leasing opportunities. When a non-profit hospital enters into an agreement with a private
physician, a host of federal guidelines and requirements must be satisfied. NHRMC desires to
maintain a good working relationship with the Board of County Commissioners, and the
recommendation by Commissioner Birzenieks should satisfy the needs of both parties.
Discussion followed on the amount of space that was available for leasing. The Board agreed
that a representative of the Medical Center should meet with County Manager O’Neal for the purpose
of designating facilities that are not currently occupied and subject to future subleases.
Motion:
After further discussion on the need for the County to be apprised of all sublease
agreements, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to place the
sublease agreements on the Consent Agenda for approval by the Board of County Commissioner and
to request the County Manager to discuss the agreements with Dr. Atkinson before placing these
items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF REQUEST BY ST. JAMES CHURCH FOR NEW HANOVER COUNTY
TO PURCHASE APPROXIMATELY THREE ACRES OF LAND ADJOINING AIRLIE
GARDENS FROM THE CHURCH
County Attorney Copley presented maps of the subject property and she reported that St.
James Church has offered to sell New Hanover County approximately three acres of land adjoining
Airlie Gardens. She advised that when the County was negotiating a lease with St. James Church,
it found that some irrigation systems were located on the church property. At this time, Mr. John
Parker, Senior Warden for St. James Church, approached the County about purchasing the land. Mr.
Parker was informed at that the offer would be presented to the Board of County Commissioners.
In closing, Attorney Copley informed the Board that a price had not been discussed; however,
if the Board decides to proceed with negotiations, an appraisal of the property would be required.
Vice-Chairman Greer stated that he was not comfortable with purchasing the additional land.
He noted that during negotiations for the purchase of Airlie Gardens, the County was aware of the
dispute between the Corbett family and St. James Church over the boundary line between the two
properties. All parties involved felt that time could be involved with settling the dispute, and it was
assumed that New Hanover County would maintain the property so it would blend into the plans for
Airlie Gardens. Now, it appears the Church wants the County to purchase the additional three acres,
which could be quite costly.
Commissioner Davis said he thought when the County decided to purchase the property, a
conservation easement would be provided by the Church for maintenance of the property. He asked
County Attorney Copley if a conservation easement was in place.
County Attorney Copley responded that a conservation easement was not in effect; however,
Attorney Frank Gibson, representing St. James Church, has assured the Legal Department that leases
will be provided to allow the County to cross the property.
Deputy County Attorney Kemp Burpeau explained that during the last 100 years, the Church
has used the access off Airlie Road to get to the Chapel. With the transfer of the title, New Hanover
County will have the same rights as the Corbett family. This means that water lines can remain on
the Church property through mutual prescriptive rights and the County can cross the property. The
Church has an interest in placing these rights in a formal deeded instrument, and the County has the
same right. These legal documents will be drawn, and the mutual prescriptive rights for the County
will be solidified. The conservation easement is a separate issue. The N. C. Clean Water Management
Trust has informed the County that every effort should be made to acquire the conservation easement.
However, if the easement cannot be obtained since the County does not own the property, the Clean
Water Management Trust has assured the County that the $6,000,000 trust funding will not be
reduced.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 28
Commissioner Davis expressed concern for being told that a conservation easement would
be granted and now after the agreement has been signed, the County does not have a conservation
easement in effect.
County Attorney Copley explained when the original Buy and Sell Agreement was prepared,
a condition of purchase was for the property dispute with the Church to be resolved with a
conservation easement provided to New Hanover County. The Corbetts could not agree to this
condition because the property was owned by the Church and it was not possible for the Corbetts to
force the Church to provide the conservation easement. Also, with annexation taking effect, the land
dispute could become a prolonged process. The Corbetts felt they could not be responsible for the
Church’s actions. After discussion, this condition was removed from the Buy and Sell Agreement.
Commissioner Davis requested an explanation of what could happen if New Hanover County
does not purchase the land.
County Attorney Copley explained that prescriptive rights described by Deputy County
Attorney Burpeau would be drawn to provide access to the County through deeded easements. The
Commissioners will have to decide on how much control the County should have over the property.
If the Board feels the three acres should be purchased to have complete control of the site, then staff
should proceed in that direction.
Discussion followed on the value of the property. County Attorney Copley advised that a
portion of the land will not be developable. The Tax Department feels that possibly one lot would
provide a site for construction of a home. The Legal Department did not want to move forward with
any pricing or other issues unless the Board was interested in purchasing the property.
Mr. John Parker, Senior Warden for St. James Church, commended the Board for having the
vision and determination to save Airlie Gardens for a public scenic garden. He advised that a survey
had just been completed which established the boundary line of the property.
Mr. Parker reported when members of the Parish read the conservation easement, which
states “forever and irrevocable” it was felt the property was being given away. This action by the
Church would not demonstrate good stewardship for a legacy that dates back to 1835 with a deed
to the property since 1875. If the N. C. Clean Management Trust grant can be obtained without
purchasing the land, the County should not purchase the property. The Church will not place a fence
around the property to keep the County from crossing the site because the Church desires to work
with the County in making this a beautiful scenic garden. However, the Church is very interested in
protecting its access to the property so church related functions can be held on the site.
In concluding his remarks, Mr. Parker advised the Church has no idea about the value of the
property. Much of the land is low and will not have a value anywhere near the price paid per acre
for Airlie Gardens. If the County wants fair title to the property, the Church is amenable to working
out an agreement.
Commissioner Howell asked if the Church would be satisfied with allowing the County to use
the land as previously used by the Corbett family in return for the County maintaining the property
and allowing the church free access to the site.
Mr. Parker responded that New Hanover County would have free access to the site.
Vice-Chairman Greer expressed appreciation to Mr. Parker and the Church for being willing
to work with the County if the Board feels a clear title to the property is needed. He explained that
New Hanover County desires to have a seamless Airlie Gardens that is completely manicured, and
he suggested for the County to work closely with St. James Church to ensure the property is well
kept.
Chairman Caster requested direction from the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 29
Commissioner Birzenieks recommended allowing staff to negotiate a price for the property.
Vice-Chairman Greer said if the Church is willing to provide access, why should the County
consider purchasing the property.
Commissioner Birzenieks responded that in the future things could change which would make
it extremely beneficial for New Hanover County to own the property.
Commissioner Davis spoke in favor of allowing staff to seek an acquisition price from the
Church, but he stated the price would have to be extremely reasonable before he would request the
County taxpayers to pay any more money for Airlie Gardens.
Motion:
Commissioner Birzenieks, MOVED, SECONDED by Commissioner Davis to instruct staff
to negotiate the purchase price of the three acres owned by St. James Church in Airlie Gardens and
present the figure to the Board of County Commissioners at another meeting.
Commissioner Davis said it might be beneficial for staff to provide a list of advantages and
disadvantages of owning the property before a decision is rendered by the Board.
Upon vote, the MOTION CARRIED by the following 4 to 1 vote:
Voting Aye: Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Voting Nay:Vice-Chairman Greer
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 10:35 a.m. to hold a regular meeting of
the New Hanover County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 11:01 a.m.
BREAK
Chairman Caster called a break from 11:02 a.m. until 11:12 a.m.
MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION TO
DISCUSS AN OFFER BY NEW HANOVER COUNTY TO PURCHASE CAPE FEAR
UTILITIES, INC. AND QUALITY WATER SYSTEMS, INC.
Chairman Caster reported it is the understanding of the Board of County Commissioners that
Attorney Gary Trawick, the Trustee for the Dobos, is accepting sealed offers for the purchase of
Cape Fear Utilities, Inc. and Quality Water System, Inc. It is the recommendation of County
Attorney Copley that the Board convene to a Closed Session pursuant to NCGS 143-318.11(3) so
the Board can review the County’s offer to the Dobos drafted by the County Attorney and give her
instructions on making an offer for the water systems.
Chairman Caster called for a motion to convene to Closed Session.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to convene to
Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster requested County Manager O’Neal; County Attorney, Wanda M. Copley;
Assistant County Manager, Dave Weaver; and Finance Director, Bruce Shell to attend the Closed
Session.
Chairman Caster convened to Closed Session at 11:15 a.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 30
Chairman Caster called for a vote to reconvene to Regular Session.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reconvene
to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster reconvened to Regular Session at 11:50 a.m. He reported that during the
Closed Session, the Board instructed the County Attorney to submit a sealed offer for the purchase
of Cape Fear Utilities, Inc. and Quality Water Systems, Inc. The contents of the offer will be made
public at the discretion of the Trustee.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Salt Water Intrusion into Drinking Water Wells
Commissioner Howell commented on the need to address salt water intrusion into drinking
water wells, particularly in the Porters Neck area. He requested the Board to discuss this issue at a
future meeting.
Chairman Caster advised that on April 7, 1999, a Regional Groundwater Workshop would
be held at the Warwick Center, and he suggested bringing up this topic at the meeting.
Status Report on the Activities of the Solid Waste Task Force
Vice-Chairman Greer presented a brief report on meetings of the Solid Waste Task Force,
and he stated that some inaccurate information has been given to the community. The following items
were discussed:
(1)A letter was received stating a company had purchased property on US Highway 421 North
and would be placing a transfer station on the property. This is not correct. The company
has not purchased any land as of this date, but the firm does anticipate acquiring some land.
The land will not be used for a transfer station. Also, this company has recently acquired A-1
Sanitation.
(2)Heated discussion has occurred among members of the Task Force on whether or not the
incinerator should be closed. A motion was made to close the incinerator. The majority of
members felt that not enough information had been presented to approve this motion.
(3)The Task Force voted 6 to 5 to implement a county-wide mandatory trash collection system.
During discussion, it was questioned whether it was an appropriate time to implement a
county-wide system with the City annexing many county residents who will go under the
City’s mandatory trash collection system.
Vice-Chairman Greer stated that he was not in favor of implementing a county-wide
mandatory trash collection system; however, if the Board of County Commissioners should
decide to implement a mandatory trash collection system, the County should join with the
City and other municipalities to develop and charge a solid waste collection fee on the tax bill
so this item can be listed as a deduction when filing the federal income tax.
(4)The Task Force has experienced a problem in determining the actual cost of operating the
incinerator separate from operational costs of the landfill and recycling program. It is felt that
a Certified Public Accountant (CPA) should be hired to review and prepare a report on the
actual costs of operation for each entity so accurate information will be available for the Task
Force to prepare its recommendations to the Board of County Commissioners.
In closing, Chairman Greer informed the Board that some complex and difficult decisions
regarding the operation of the incinerator and management of solid waste will have to be made in
preparing the FY 1999-2000 budget. In order for the Board to make these decisions, an unbiased
opinion is needed regarding the actual cost of operating the incinerator, landfill, and recycling
program.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 31
Commissioner Birzenieks recommended hiring a local firm if the Board decides to move forward with
a study.
Motion:
After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner
Howell to request staff to hire a local CPA firm at a nominal cost to determine the actual cost of
operation for the incinerator, landfill, and recycling program. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Discussion of Special Event to Honor Michael Jordan
Commissioner Birzenieks requested the Board to plan a special event to honor Michael Jordan
since he grew up in New Hanover County and attended Laney High School where he was an
outstanding athlete.
After discussion, staff was requested to proceed with planning an event in recognition of
Michael Jordan.
ADDITIONAL ITEMS - COUNTY MANAGER
Authorization for New Hanover County to Proceed with Submission of Implementation
Schedule for the Electing County Status
Assistant County Manager, Patricia A. Melvin, reported that New Hanover County received
a letter from the N. C. Department of Human Resources, Division of Social Services, requesting the
County to submit information that includes an implementation plan for various components of the
Electing County Plan. She requested the Board authorize the submission of the information since it
must be forwarded to the State no later than January 31, 1999.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize
staff to submit the components of the New Hanover County Electing Plan as requested by the North
Carolina Department of Human Resources, Division of Social Services. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Approval of Budget Amendment #99-0080 for New Hanover County Jail
Deputy County Manager Atkinson requested the Board to approve a budget amendment in
the amount of $25,000 to install double-bunking cells in the Jail to increase bed space for inmates at
night, and to purchase a padded cell.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
following Budget Amendment for the Jail. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #99-0080- Sheriff’s Department/Jail
DebitCredit
Non-Departmental
Contingencies $25,000
Sheriff/Jail
Other Improvements$25,000
Purpose:
To transfer funds from Contingencies for Jail renovations to install double-bunking cells
at a cost $15,000 and a padded cell at a cost of $10,000.
Authorization for New Hanover County to Submit a Pre-Grant Application to the Governor’s
Crime Commission on Behalf of the Child Advocacy Commission for Continuation of the
“Project Access” Program
Deputy County Manager Atkinson presented a brief report on the services that would be
provided under the “Project Access” program to be administered by the Child Advocacy Commission.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING, JANUARY 19, 1999PAGE 32
The program serves at-risk young children and youth in New Hanover County by bringing essential
programs and services to targeted populations via a large mobile resource vehicle. The programs will
focus on crime prevention, and no County match money will be required. He requested the Board to
authorize the pre-grant application to be forwarded on behalf of the Child Advocacy Commission to
the Governor’s Crime Commission.
Chairman Caster advised that Mr. Clancy Thompson had discussed this item with him, and
he feels that many children do not have access to these crime prevention programs because of the lack
of transportation. Chairman Caster advised the Board that Mr. Clancy was very supportive of trying
to obtain a grant to offer these programs to targeted populations in the county.
Commissioner Howell asked if the program had been successful in other counties.
Deputy County Manager Atkinson replied that he could not answer the question because the
document was not received until this morning.
Commissioner Howell said it was difficult to believe that at-risk youth would see a van and
be enticed to attend the crime prevention programs.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to authorize
submission of a pre-application for the “Project Access” grant on behalf of the Child Advocacy
Commission. Upon vote, the MOTION CARRIED BY A 4 to 1 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Vice-Chairman Greer
Chairman Caster
Voting Nay: Commissioner Howell
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 12:25 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board