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2001-06-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 647 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 18, 2001, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Vice-Chairman Greer requested removal of Consent Agenda Item 3. Hearing no other comments, Chairman Davis requested a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to remove Consent Agenda Item 3 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Authorization to Proceed with Property Purchase for Wetland Restoration Project The Commissioners authorized Staff to proceed with acquisition of property located at 2639 Middle Sound Loop Road for a wetland restoration project. The Clean Water Management Trust Fund has agreed to allow the County to allocate $200,000 toward the purchase of this property since a significant portion of the Middle Sound neighborhood drains through the property. Currently, the drainage from the neighborhood runs through a culvert directly into Howe’s Creek. No County funds are needed for the project. Adoption of Resolution Approving Distribution of Mobile Data Terminal Units and Approving Contracts #00-0348A, #00-0348B, #00-0348C, #00-0348D, and #00-0348E - New Hanover County 911 Center The Commissioners adopted a resolution approving contracts for distribution of Mobile Data Terminals to the following agencies as recommended by the Sheriff. Funds from the 911 Surcharge Account were used to purchase the 110 Mobile Data Terminal Units to enhance dispatching of calls for the county-wide area. City of Wilmington54 units New Hanover County34 units Carolina Beach 5 units Wrightsville Beach 5 units Kure Beach 3 units NHRMC EMS 9 units A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVII, Page 1. Copies of the contracts are on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 648 Adoption of Resolution Approving the Sale of Property at 7th and Wooster Streets th The Commissioners adopted a resolution authorizing the sale of property located at 7 and Wooster Streets to the adjoining property owners and then to any interested non-profit entity through the sealed bid process. The site will be subject to restrictive covenants, and an easement shall be retained for access and maintenance of a sign describing the history of the location. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. Approval of Fee Revisions for the New Hanover County Health Department The Commissioners approved fee revisions for the Environmental Health Division, Animal Control, and Personal Health Services as recommended by the Board of Health. The revised fee schedules are on file at the Health Department. Authorization for the Health Department to File a Grant Application to the North Carolina Medical Society Foundation for the “Diabetic Care for Prenatal Patients” Program The Commissioners authorized the Health Department to file a grant application to the North Carolina Medical Society in the amount of $25,050 for the “Diabetic Care for Prenatal Patients” program as recommended by the Board of Health. Grant funds will be used to provide self- monitoring and diabetes control for women who develop gestational diabetes mellitus (GDM) as a complication of pregnancy. The program will serve the indigent population who are uninsured, under-insured and/or qualify for Medicaid. Authorization for the Health Department to Submit a Grant Application to the New Hanover County Partnership for Children for the “Healthy Homes Asthma Program” The Commissioners authorized the Health Department to file a grant application in the amount of $28,600 to Smart Start through the New Hanover County Partnership for Children (Smart Start) for the Healthy Homes Asthma Program. If the grant is awarded, funds will be used to employ a half- time LPN beginning September 1, 2001 through December 31, 2002 to provide assessments of children and their environments related to Lead Poisoning and Asthma. Acceptance of Tax Collection Reports The Commissioners accepted the following Tax Collection Reports through May 31, 2001, as submitted by the Collector of Revenue: New Hanover County New Hanover County Fire District Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 1. Approval of Capitalization and Purchase Order Requirements The Commissioners approved the revised capitalization and purchase order requirements as recommended by the Finance Director. The purchase order requirement level changed from $500 to $1,000, and the capitalization level changed from $1,000 to $5000. These actions are supported by the Local Government Commission and will keep the County consistent with the Government Finance Officers Association reporting standards. Acceptance of N. C. Parks and Recreation Trust Fund Grant for Veterans Park and Approval of Associated Budget Amendment #2001-56 The Commissioners accepted a grant in the amount of $250,000 from the North Carolina Parks and Recreation Trust Fund and approved the associated budget amendment to continue work at Veterans Park. Matching funds in the amount of $250,000 are available in the project budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 649 Budget Amendment #2001-56 - Pilots Ridge Infrastructure (Veterans Park) ADJUSTMENTDEBITCREDIT NC Parks and Recreation Trust Fund Grant$250,000 Capital Project Expense$250,000 Explanation: To increase the budget for the N. C. Parks and Recreation Trust Fund grant awarded for Veterans Park. Authorization for the New Hanover County Human Services Transportation System to File a Grant Application to the N. C. Department of Transportation for the Rural Operating Assistance Program The Commissioners authorized the New Hanover County Human Services Transportation System to submit a grant application in the amount of $106,089 to the N. C. Department of Transportation for the Rural Operating Assistance Program. If the grant is awarded, the funds will be expended as follows: Elderly-Disabled Transportation$69,838 General Public Transportation$21,085 Work First Transportation$15,166 Approval of Budget Amendment #01-0224 -Non-Departmental Contingencies/Juvenile Services The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Non-Departmental: Contingencies$108,000 Juvenile Services: Contracted Services - Care$108,000 Explanation: To budget additional funds required to house County residents in the Juvenile Detention Center. Fewer Clients are being assigned to State funded training schools and more clients are being assigned to the Juvenile Service Center. Approval of Budget Amendment 01-0225 - Social Services/DSS-Administration/Child-Day Care/CP&L Intervention Program The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Social Services: DSS-Administration: DSS Administrative Grants$14,968 CP&L Intervention Program: Assistance Payments$14,968 Child-Day Care: DSS/Smart Start Day Care$24,290 DSS/Smart Start Day Care$24,290 Explanation: To budget additional State funds for the Smart Start Day Care Program and the CP&L Intervention Program. No additional County funds are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 650 Approval of Budget Amendment #01-0226-General Fund/Emergency Telephone System Fund -Sheriff’s Department The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT General Fund: Sheriff’s Department: Sheriff-Administration: Transfer In/Emergency Telephone System$320,598 Sheriff-911: Contracted Services$ 66,623 M&R Equipment$ 48,804 Computer Expenses$177,671 Capital Outlay$ 27, 500 Emergency Telephone System Fund: Sheriff’s Department: Sheriff-Administration: 911- Surcharge$320,598 Transfer to General Fund$320,598 Explanation: To transfer 911 surcharge funds not required for the Computer Aided Dispatch project from the General Fund to the Emergency Telephone System Fund. Approval of Budget Amendment #2001-51 - Federal Forfeited Property - Sheriff’s Department The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Federal Forfeited Property $ 5,172 Other Revenue $21,620 Capital Project Expense$26,792 Explanation: To budget additional revenue received on May 30, 2001 and to budget proceeds from the auction. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2001-52 - Controlled Substance Tax - Sheriff’s Department The Commissioners approved the following budget amendment: ADJUSTMENTCREDITDEBIT Controlled Substance Tax$4,117 Capital Project Expense$4,117 Explanation: To budget additional revenue received on May 30, 2001. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #02-0229 - Human Services Transportation The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 651 ADJUSTMENTCREDITDEBIT Contributions from Transportation Agencies$214,000 Contracted Services$214,000 Explanation: To increase the budget for anticipated excess revenues over budget through June 2001 and to increase the contracted services line item for payments to Progressive Transportation. Payments to Progressive Transportation will be funded by excess revenue coming in from agencies using services. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Beverly K. BassHealth Department 5 years Ronnie L. AnsbachEngineering Department15 years Elizabeth B. PotterTax Department20 years On behalf of the Board, Chairman Davis presented service awards to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: James Kennedy, Engineering (Water & Sewer) Lisa Gore, Department of Social Services Brenda Hegarty, Department of Social Services Lisa James, Tax Department On behalf of the Board, Chairman Davis welcomed the new employees to County government and wished them success in their new positions. RECOGNITION OF THE DEPARTMENT OF AGING FOR RECEIVING THE SENIOR CENTER OF EXCELLENCE CERTIFICATION AWARD On behalf of the Board, Chairman Davis recognized and congratulated the Department of Aging for receiving the Senior Center of Excellence Certification from the North Carolina Division of Aging. He requested Director of Aging Annette Crumpton and Staff to step forward to receive the award. Director Crumpton expressed appreciation to the Board for the recognition and noted that this was the first award given by the N. C. Division of Aging. She stated that Staff had worked three years to receive the certification which represents the quality of programs and services provided by the Department of Aging. A round of applause was given the employees of the Department of Aging. ADOPTION OF FISCAL YEAR 2001-2002 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE FIRE DISTRICT Chairman Davis referenced discussion regarding the WASTEC Facility and the Prince William User Fee System at the Work Session held on June 14, 2001 and he asked if the Board would like to vote on whether to allow WASTEC to remain open before adopting the FY 2001-2002 Budget since this is a key part of funding for the next fiscal year. After discussion of Staff needing more time to work out the details of the Prince William Plan, the Board agreed to vote on whether to close the WASTEC Facility and to allow persons present to speak on the issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 652 Chairman Davis opened the floor to receive comments from the public and advised that 15 minutes would be allowed for persons to speak in favor of allowing the WASTEC Facility to remain open and 15 minutes for persons in favor of closing the WASTEC Facility. The following persons spoke in favor of allowing the WASTEC Facility to remain open. Ms. Janet Durham, representing the New Hanover County League of Women Voters, spoke on the incinerator being an integral part of the solid waste management plan for New Hanover County and she urged the Board to allow this facility to remain open to protect the environment, reduce the waste stream and preserve landfill space. Director of Environmental Management Ray Church spoke on the number of employees who have worked at the WASTEC Facility for the past 18 years and stated that under the management of Plant Manager John Hubbard, this group has become an efficient team that is operating the incinerator to its full potential. During the past four years, safety awards have been won and recently the WASTEC Facility won the Tarkington Safety Award for the State of North Carolina. This is a dedicated team of employees who have been willing to leave their families and come in during hurricanes to be sure the plant was ready to receive waste after the storms. He requested the employees present and their families to stand and stated that thousands of dollars have been spent to train these employees who will have difficulty in finding other jobs. Director Church also expressed concern for some figures that were discussed at the Work Session held on June 14, 2001. When the number of $7.58 per ton to operate the Landfill was mentioned, this figure was based on performance measures, which are comprised of salaries and maintenance that can be controlled by the Environmental Department. Performance measures do not include capital expenditures for equipment or construction costs. The figure of $16.39 per ton was used in the audit performed in 1998, and this figure was used in the information faxed to the Commissioners over the weekend. If the WASTEC Facility is closed, the County will not save $6 million. Director Church spoke on the value of preserving landfill space and reported on the difficulty experienced by Mecklenburg County when trying to site a landfill. Approximately 17 years were spent in locating a suitable site. If the WASTEC Facility is closed, the New Hanover County Landfill has approximately 17-25 years of landfill space left because the waste placed in the Landfill will double with future growth of the waste stream. Under the current program, the County has control of its waste disposal, the environment is protected by converting waste to energy, renewable resources are saved, and state-of-the-art pollution control technology is used instead of placing the waste in the ground. He urged the Board to allow the WASTEC Facility to remain open, particularly with recent upgrades to the incinerator and the professional operational Staff. Chairman Davis asked if anyone from the public would like to speak in favor of closing the WASTEC Facility. Mr. David W. Carnell, a retired engineer and taxpayer, stated that the New Hanover County Landfill generates revenue annually and the WASTEC Facility loses revenue annually and usurps the profits of the Landfill. This type of operational loss does not make sense, and it is time for the County to study the engineering aspects of the situation and use the County Landfill to its full potential which will generate enough revenue to pay off the existing debt on the incinerator and avoid having to increase the tax rate. He urged the Board to close the WASTEC Facility. Mr. Chris McKeithan, CEO of Waste Management, expressed concern for many comments made at the Work Session held on June 14, 2001, and stated to say that landfills in other counties could be closed at the drop of the hat is not true. Many companies have invested millions of dollars in landfills, such as the one in Sampson County, and contracts are negotiated with the waste disposal companies. The landfill in Sampson County generates approximately $2 million annually which is of significant economic importance to Sampson County. Mr. McKeithan stated that the Citizens Solid Waste Advisory Board has been charged with trying to find a way to eliminate a transfer from the New Hanover County General Fund. The NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 653 members of the Advisory Board have given a great deal of time and effort to address this issue, but the problem has to be identified, which is the incinerator. The employees at the WASTEC Facility are good, but the economics of continuing to operate the facility must be addressed by the Board of County Commissioners. With current budget constraints, the County should consider closing the incinerator and turning a loss into a profit by using the New Hanover County Landfill. The life of the County Landfill can be extended by hauling some of the waste to other landfills in other counties. He urged the Commissioners to consider this option. Hearing no further comments, Chairman Davis closed the public comment period. Chairman Davis asked if any member of the Board would like to speak. Commissioner Boseman stated that the public has spoken in favor of keeping the incinerator open. With the present debt on the incinerator, it would not be responsible for the County to bulldoze this facility. Commissioner Pritchett agreed with the statements made by Commissioner Boseman and stated that the $18 million debt plus the $3.5 million renovations must be paid by the County. Currently, the incinerator is reducing the volume of trash that has to be landfilled and is producing $1.5 million per year in electricity sales. The WASTEC Facility is working well and a decision needs to be made by the Board so Staff can concentrate on other issues. Chairman Davis agreed with Commissioner Pritchett but stated on the other side of the coin is the possibility of more costly regulations being imposed by state and federal agencies in the future that could make it cost prohibitive for the County to continue to operate the incinerator. He stated if this type of situation occurs, the Board will have no choice but to close the facility. Commissioner Pritchett agreed and stated if circumstances change in the future, the incinerator may have to be closed; however, with the current operation of the incinerator, this item should not be discussed again until some changes occur. Vice-Chairman Greer spoke on having a difference of opinion and stated that the WASTEC Facility costs a considerable amount of money to operate. The incinerator is being operated in an exceptional manner and Staff is to be complimented for this achievement. He stated as a County Commissioner, his responsibility is to dispose of waste in an environmentally sound way at the least cost to the citizens. Numbers reflecting the cost of operating the incinerator have been tossed back and forth and turned around for years, and it is disappointing that Staff has not provided direct figures that can be used when discussing this issue. The figures clearly show how costly it is to operate the incinerator. Some citizens are willing to pay for waste disposal in this manner, but as a County Commissioner, it does not make sense to burn money when there are economically sound ways to dispose of waste that were not available 15 years ago. The County has an opportunity to turn an expense that cost millions of dollars into a revenue resource. The Board of County Commissioners will have to make this decision. Commissioner Caster agreed with Vice-Chairman Greer and stated after reviewing the figures, it appears that the cost per ton for waste disposal ranges from $85-$120, which is too expensive. With new methods of landfilling, the debt of the incinerator could be paid with the County Landfill making a profit. He expressed concern for existing conflicts between all parties involved and stated that the driving force should be to dispose of waste in an environmentally safe way at the least cost to the taxpayers. Chairman Davis reiterated the importance of everyone understanding that if the incinerator remains open and it becomes cost prohibitive in the future because of state and federal environmental regulations, he will not place this burden on the taxpayers. He also expressed concern for closing the incinerator and the possibility of other landfills being closed in the future or refusing to accept waste from New Hanover County, which would rapidly use up the existing landfill space. After further discussion, Chairman Davis called for a motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 654 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to continue the operation of the WASTEC Facility for the coming year. Vice-Chairman Greer noted that regardless of what decision is made today, the WASTEC Facility issue is not over because of the rules and regulations that will cause the incinerator to become cost prohibitive in the future. He advised that unless the County adopts a plan similar to the Prince William Use Fee System, which is a form of taxation, the cost of incineration will continue to increase. He stated that in his opinion burying waste in a lined landfill is more environmentally safe than burning all types of waste with emissions coming from smoke stacks. Last year, the budget for Environmental Management was $14 million and an additional $4 million was needed to purchase equipment. The County must develop some method of disposing of waste in a cheaper way. Chairman Davis urged Staff to move forward with working out the details of the Prince William Plan so this issue can be studied and reviewed by the Board. After hearing no further comments, Chairman Davis called for a vote on the motion. Upon vote, the motion to continue the operation of the WASTEC Facility for the coming year CARRIED 3 to 2 as follows: Ayes:Chairman Davis Commissioner Boseman Commissioner Pritchett Noes:Vice-Chairman Greer Commissioner Caster After further discussion of receiving more information on the Prince William Plan, Director Church advised that the most difficult part of the plan was to determine the data base, which involves separating the residential portion from the commercial portion. Once this data is completed, Staff will need to meet with commercial accounts to educate these customers about the change from the current system. The background work has been performed by Prince William County and their Staff has offered to assist the Environmental Management Department in establishing a similar system in New Hanover County. Commissioner Caster spoke on the number of calls from commercial clients who are concerned about the proposed plan. He asked if Staff would be able to educate these clients by August. Director Church responded that more than 10,000 commercial accounts could not be reached by August ; however, there is an appeal process in the Prince William Plan that has worked well in resolving conflict areas. After discussion, the Board agreed to schedule a Work Session in August. Commissioner Pritchett referenced the motion and stated that she did not say to close the operation of the WASTEC Facility for the coming year. She requested the Clerk to the Board to remove “ for the coming year” from the motion. Chairman Davis and Commissioner Caster stated that Commissioner Pritchett did use the words “for the coming year.” County Attorney Copley requested the Board to officially amend the motion. Amended Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to continue the operation of the WASTEC Facility. Upon vote, the AMENDED MOTION CARRIED 3 to 2 as follows: Ayes:Chairman Davis Commissioner Boseman NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 655 Commissioner Pritchett Noes:Vice-Chairman Greer Commissioner Caster BREAK Chairman Davis called a break from 10:00 A.M. until 10:15 A.M. Chairman Davis reconvened to Regular Session and requested the County Manager to comment on the recommended FY 2001-2002 Budget. County Manager O’Neal reported on recommending a FY 2001-2002 Budget with the property tax rate increasing from 61 cents to 69 cents representing a tax rate increase of 8 cents. The Board has been advised of the services that can be provided, and Staff will be glad to answer any questions. Chairman Davis requested the members of the Board to comment on the proposed property tax increase of 8 cents. Commissioner Pritchett expressed concern about requesting County employees to take two days off without pay during the next fiscal year and she recommended eliminating this requirement and increasing the tax rate to 8.5 cents to make up the difference in the FY 2001-2002 Budget. Vice-Chairman Greer requested an explanation of why the proposed budget ordinance listed a figure of $12,788,790 for the Environmental Management Department when the last ordinance showed a figure of $13,100,000. Budget Director Cam Griffin explained that during the Work Session on June 14, 2001, discussion was held on the Environmental Management Department reducing expenditures by $400,000 because the department will not have to purchase $400,000 of cover material for the Landfill since the N. C. Department of Transportation will pay Environmental Management to dispose of the dirt from the construction of Smith Creek Parkway that will be used for cover material. The Budget Ordinance was reduced by $450,000 with a reduction in the transfer to the Water and Sewer Authority and an increase in the transfer to the Environmental Management Fund by $450,000. Commissioner Caster made a counter proposal to increase all line items in the adopted FY 2001-2002 Budget by 3% with the exception of schools which would represent a tax increase of 4 cents for a total budget of $185 million for FY 2001-2002 instead of the $193.7 million budget recommended by the County Manager. If this proposal is approved, he would like to revisit the items that should be included or deleted such as inclusion of County funding for Legion Stadium and elimination of the two days off without pay for County employees. Budget Director Griffin advised that when discussion was held about increasing the tax rate by 4 cents, the figures submitted were dependent upon using the Fund Balance and reducing the funding to schools by $2.4 million. A 4 cent tax increase would require significant reductions in County programs and services. County Manager O’Neal explained that with a 4 cent tax increase, funding for the schools could be maintained and the Pay and Classification Plan for County employees could be implemented; however, other government services and outside agency funding would be drastically cut. Commissioner Boseman stated that she would stop construction of the new jail project that was approved by the former Board who also voted to purchase Airlie Gardens, expand the Judicial Building, and approve a new Pay and Classification Plan. She expressed concern for cutting education or closing Elderhaus if County funding is eliminated. Chairman Davis noted that the following recommendations have been made: •A tax rate of 8 cents recommended by the County Manager. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 656 •A tax rate of 8.5 cents with elimination of the two-days without pay for County employees recommended by Commissioner Pritchett. •A tax rate of 4 cents as recommended by Commissioner Caster. Discussion was held on the budget being prepared with reimbursements being received from the State. County Manager O’Neal explained that if the State decides to withhold reimbursements for intangible and inventory taxes, significant amendments will have to be made to reduce the recommended budget with a proposed tax rate of 8 cents. If the State decides to close mental institutions and schools for the deaf, those services will have to be provided on the local level without reimbursement from the State. Chairman Davis strongly objected to these items being transferred to the local level without the N. C. General Assembly approving enabling legislation for New Hanover County to allow the voters to decide on a one cent local option sales tax that is projected to generate $14 to $18 million in revenue annually. This revenue could be used to fund schools and relieve the burden of the property tax on the elderly population. Chairman Davis requested direction from the Board on establishing a tax rate for FY 2001- 2002. Motion: Commissioner Pritchett MOVED to increase the tax rate by 8.5 cents for FY 2001-2002 eliminating the two-days off without pay for County employees. The MOTION FAILED due to the lack of a second. Motion: Commissioner Caster MOVED to increase the tax rate by 4 cents for FY 2001-2002. The MOTION FAILED due to the lack of a second. Vice-Chairman Greer referenced the 6.5 cent tax increase presented by the County Manager and stated that he was in favor of this option because it would eliminate wasteful spending of $2.5 million allocated to the Environmental Management Fund. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to increase the tax rate by 6.5 cent for FY 2001-2002. Upon vote, the MOTION FAILED 3 to 2 as follows: Ayes:Vice-Chairman Greer Commissioner Caster Noes:Chairman Davis Commissioner Boseman Commissioner Pritchett Chairman Davis asked if any other member of the Board would like to make a motion. After hearing no comments, Chairman Davis asked when the budget had to be adopted. County Manager O’Neal explained that North Carolina Statutes require local budgets to be adopted by June 30; however, State Statutes allow for submission of an interim budget with an interim tax rate. He urged the Board not to adopt an interim budget because a regular budget will have to be adopted at a later date. If State reimbursements for the inventory and intangibles taxes are not received, funding to outside agencies and departments will have to be amended. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt the FY 2001-2002 Budget Ordinance for New Hanover County increasing the tax rate by 8 cents subject to: (1) eliminating the two-days off without pay for County employees during the next fiscal year; (2) no reduction in the recommended funding for schools; (3) direct Staff to continue to reduce the size of government; and (4) consider implementing a plan similar to Dare County to provide tax assistance to the elderly. Upon vote, the MOTION CARRIED 3 to 2 as follows: Ayes:Vice-Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 657 Commissioner Boseman Commissioner Pritchett Noes:Chairman Davis Commissioner Caster A copy of the Budget Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. Motion: Commissioner Boseman MOVED to adopt a resolution requesting a voter approved local option one cent sales tax to be used to fund schools. Chairman Davis explained that after the last joint meeting with the Board of Education, he wrote a letter and faxed copies of two draft resolutions prepared by the Board of County Commissioners to Mr. Ed Higgins, Chairman of the Board of Education, requesting him to discuss this matter with the members of the Board. He stated that he had not heard from Mr. Higgins and would like to hear from the members of the Board of Education before submitting the resolution. Commissioner Boseman WITHDREW THE MOTION. Motion: After further discussion of not receiving a response from the Board of Education, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution to be forwarded to the members of the N. C. General Assembly requesting enabling legislation for New Hanover County to implement a voter approved one cent local option sales tax. The Chairman was authorized to sign the resolution once the language has been agreed upon by the County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O’Neal suggested authorizing the Chairman to write a letter to the local legislative delegation regarding the need to receive State reimbursements for intangible and inventory taxes. Consensus: It was the consensus of the Board to authorize the Chairman to write a letter requesting the local legislative delegation and members of the General Assembly to approve reimbursements of the intangible and inventory taxes to local governments. Discussion was held on the proposed Budget Ordinance for the New Hanover County Fire District. Chairman Davis requested Staff to explain the rationale behind increasing the Fire District tax by one cent. Budget Director Griffin explained that the Board adopted a staffing plan for the New Hanover County Fire Service and at that time the Commissioners were informed that a tax rate increase would be needed. She also pointed out that recent annexations have decreased the tax base and sales tax for the Fire Service District. Commissioner Caster asked if funding has been included in the proposed budget for the Winter Park and Seagate Fire Stations. County Manager O’Neal responded that no funding was included in the budget for these fire stations. Chairman Davis asked if the one cent tax increase was needed to provide fire protection to residents living in the unincorporated area of the County. Budget Director Griffin responded that the tax increase was needed to provide career firefighters and equipment to properly respond to fire calls. She also stated that a significant fund balance had been used for a number of years to balance the budget for the Fire District. Chairman Davis called for a motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 658 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the FY 2001-2002 Budget Ordinance for the New Hanover County Fire District increasing the tax rate by one cent. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. ADOPTION OF RESOLUTION TO FUND OUTSIDE AGENCIES County Manager O’Neal requested the Board to adopt a resolution for New Hanover County to contract with outside agencies for the amount of funding approved in the New Hanover County FY 2001-2002 Budget. He noted that an additional clause had been added to the contracts to allow for termination because the County does not know if State reimbursements will be received for intangibles and inventory taxes. Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution authorizing the County Manager to enter into appropriate outside agency funding contracts with the understanding that if State reimbursements are not received by the County, funding may be reduced or contracts may have to be terminated. Vice-Chairman Greer suggested that any changes in the contracts should be approved by the Board. County Manager O’Neal responded that all changes would be presented to the Board for approval. Upon vote, the MOTION CARRIED 4 to 1 as follows: Ayes:Chairman Davis Vice-Chairman Greer Commissioner Boseman Commissioner Pritchett Noes:Commissioner Caster A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. ADOPTION OF THE FLOODPLAIN ORDINANCE UPON THE SECOND READING Chairman Davis announced that this was the second reading of the Floodplain Ordinance and he asked if any member of the Board would like to comment. After hearing no comments, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt an Ordinance amending the Floodplain Regulations by amending Section 2(1) Article III, Administration and Enforcement; adding Section 4 Article IV, Standards for Subdivision Proposals; and adding Section 5 to Article IV, Standards for Streams Without Established Base Flood Elevations and/or Floodways. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. COMMITTEE APPOINTMENTS Chairman Davis advised that two applications were received one day after the application deadline, one in the name of Ms. Eleanor Grace Mosley-Byrd who is interested in serving on the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 659 Museum Board of Trustees, and one in the name of Ms. Melinda Haynie Crouch who is interested serving on the Commission for Women. He requested direction from the Board on whether the two applications should be accepted after the deadline. Commissioner Caster advised that he was responsible for the late application being filed by Ms. Eleanor Grace Mosley-Byrd and stated that he thought appointments to the Museum Board of Trustees were being made next month, not this month. He also noted that he did not have a problem with accepting both applications because they were qualified applicants. Commissioner Pritchett stressed the importance of following the deadline for receiving applications as advertised, or changing the deadline to Wednesday before Thursday Staff meetings. Commissioner Boseman suggested complying to the advertised deadline even though she was interested in appointing both applicants. After noting that some applications have been accepted in the past, Vice-Chairman Greer stated that he was not opposed to accepting the applications. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to accept the two applications received after the deadline when considering the appointments to the Museum Board of Trustees and Commission for Women. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Ayes:Vice-Chairman Greer Commissioner Caster Noes:Chairman Davis Commissioner Pritchett Commissioner Boseman Consensus: After further discussion of being fair to all applicants, it was the consensus of the Board to postpone appointments to the Commission for Women and Museum Board of Trustees until July 9, 2001. Reappointment of Donald Zearfoss to Serve on the ABC Board and Appointment of Howard L. Armistead to Serve as Chairman of the ABC Board for FY 2001-2002 Chairman Davis announced that one vacancy needed to be filled on the ABC Board and advised that two applications have been received with one applicant, Donald Zearfoss, requesting to be reappointed to a third term. Chairman Davis opened the floor to receive nominations. Vice-Chairman Greer nominated Donald Zearfoss for reappointment to a third term. Commissioner Caster seconded the nomination. Discussion was held on term limits. Vice-Chairman Greer explained that normally the Board tried to adhere to two terms; however, in this case, Mr. Zearfoss has been instrumental in real estate purchases and the ABC Board feels it would be advantageous for him to be reappointed to serve a third term. Commissioner Pritchett spoke of this being a frustrating decision because Mr. Carl Brown would be an excellent member; however, the ABC Board is currently functioning very well and needs the expertise of Mr. Zearfoss. Commissioner Boseman noted that Mr. Brown could also be appointed to serve on the Airport Authority. There being no further nominations, Chairman Davis called for a motion to reappoint Mr. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 660 Donald Zearfoss. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to reappoint Mr. Donald Zearfoss to serve a 3-year term on the ABC Board with the term to expire June 30, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis advised that pursuant to North Carolina Statutes the Board of County Commissioners must appoint a member of the ABC Board to serve as Chairman for the next fiscal year. He stated that the ABC Board has recommended reappointment of Howard L. Armistead to serve as Chairman. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Howard L. Armistead to serve as Chairman of the ABC Board for FY 2001-2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. Postponement of Appointments to the New Hanover County Adult Care Home Community Advisory Committee Commissioner Caster expressed concern for the only applicant, Jennifer Marie Sanders, being an employee of the Coastal Adult Day Care. Clerk to the Board, Lucie F. Harrell, advised that Ms. Harvin Quidas, COG Long Term Care Ombudsman, had checked into the position held by Ms. Sanders at the Coastal Adult Day Care and feels that she is eligible to serve on the Committee. Consensus: After discussion of the need to recruit more applicants and not being comfortable with the position held by Ms. Sanders, it was the consensus of the Board to request the Clerk to the Board to re-advertise the vacancies and check again with Ms. Quidas about the eligibility of Ms. Sanders to serve on the Adult Care Home Community Advisory Board. Reappointment of Carter T. Lambeth and E. L. Mathews, Jr. to Serve on the New Hanover County Airport Authority Chairman Davis announced that two vacancies needed to be filled on the Airport Authority and advised that fourteen applications have been received with two applicants, Carter T. Lambeth and E. L. Mathews, Jr., eligible for reappointment to a second term. He stated that both applicants would like to be reappointed. Commissioner Boseman asked when was the last time that an Afro-American was appointed to serve on the Airport Authority. Commissioner Caster responded that Ms. Shirley McQueen was appointed to serve on the original Airport Authority and served for two terms. Chairman Davis opened the floor to receive nominations. After speaking on the need to have more diversity on the Airport Authority, Commissioner Boseman nominated Carl D. Brown. The nomination was seconded by Commissioner Pritchett. Commissioner Caster nominated the reappointment of Carter T. Lambeth. The nomination was seconded by Vice-Chairman Greer. Vice-Chairman Greer nominated the reappointment of E. L. Mathews, Jr. The nomination was seconded by Commissioner Caster. Hearing no more nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the appointment of Carl D. Brown to serve on the Airport Authority. Vote: Upon vote, the appointment of Carl D. Brown DID NOT CARRY AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 661 Ayes:Commissioner Boseman Commissioner Pritchett Noes:Chairman Davis Vice-Chairman Greer Commissioner Caster Commissioner Boseman expressed concern for not appointing members to serve on committees and boards that are not representative of the entire community. Vice-Chairman Greer noted that he did not disagree with the statement made by Commissioner Boseman but pointed out that when a member has served well on a board and is eligible for reappointment, that person deserves to have an opportunity to serve another term. Chairman Davis stated that he would not appoint an applicant to serve on any board because that person was male, female, white, brown, green, etc. because the most important issue to consider is whether that person is qualified to serve on a particular board or committee. There is no question that Mr. Carl Brown is well qualified, but when a person has served on a Board for four years and has performed a good job, there is no reason that person should not be allowed to serve a second term. Commissioner Boseman responded that she respected the statement made by Chairman Davis but stated that many citizens do not feel the Airport Authority is doing a good job. Chairman Davis called for a vote on the reappointment of Carter T. Lambeth and E. L. Mathews, Jr. Vote: Upon vote, the BOARD UNANIMOUSLY reappointed Carter T. Lambeth and E. L. Mathews, Jr. to serve 4-year terms on the Airport Authority with the terms to expire July 1, 2005. Reappointment of Ted Davis, Jr. to Serve on the Cape Fear Community College Board of Trustees Chairman Davis announced that last year the Board of County Commissioners decided that a Commissioner should serve on the Cape Fear Community College Board of Trustees. He stated that since he was appointed to serve as the representative for the Board of County Commissioners, he would like to continue to serve in this capacity. He announced that one vacancy needed to be filled on the Cape Fear Community College Board of Trustees and advised that three applications had been received in the names of Susan E. Hance, James Patrick Morton, and Ted Davis, Jr. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Ted Davis, Jr. to serve a second 4-year term on the Cape Fear Community College Board of Trustees with the term to expire June 30, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster noted that the Board of County Commissioners did not actually designate that one of the four positions appointed by the Board must be a County Commissioner. He suggested that once Chairman Davis no longer desires to serve in the position, this fact should be taken into consideration when filling future vacancies. Reappointment of Harry Lee Lovic, Jr. and Appointment of Michael D. Puritis to Serve as At- Large Volunteer Fire Department Representatives on the Board of Fire Commissioners Chairman Davis announced that two At-Large Volunteer Fire Department Representative vacancies need to be filled on the Board of Fire Commissioners. He advised that two applications have been received and one of the applicants, Harry Lee Lovic, Jr. desires to be reappointed to serve a second term. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint Harry Lee Lovic, Jr. and appoint Michael D. Puritis to serve 3-year terms on the Board of Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 662 Commissioners with the terms to expire July 1, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. Reappointment of James “Monte” Coughlin and Appointment of Harry B. Simmons to Serve as At-Large Community Representatives on the Board of Fire Commissioners Chairman Davis announced that two At-Large Community Representative vacancies need to be filled on the Board of Fire Commissioners. He advised that four applications have been received with one applicant, James Monte Coughlin desiring to be reappointed. Commissioner Pritchett advised that Fire Administrator Donnie Hall had called and requested reappointment of James W. Sawyer who is completing a second term because he has been instrumental in developing a strategic plan for the Fire Commission. She advised that she was aware that the By-Laws do not allow for a person to serve more than two full terms, but possibly he could serve in an advisory capacity without voting rights. Vice-Chairman Greer stated that he would not mind reappointing Mr. Sawyer to serve a third term. Clerk to the Board, Lucie F. Harrell, explained that since the By-Laws clearly say that no one can serve more than two full terms, no contact was made with Mr. Sawyer to see if he was interested in serving another term. Chairman Davis expressed concern for reappointing a person to serve a third term on the Board of Fire Commissioners without knowing if that person is interested in serving another term. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to postpone the appointment of the two At-Large Community Representatives on the Board of Fire Commissioners until July 9, 2001. WITHDREW THE MOTION Vice-Chairman Greer stating that he meant to vote on appointment of the two At-Large Community Representatives at the meeting today, not on July 9, 2001. Motion: Commissioner Boseman MOVED, SECONDED by Chairman Davis, to postpone the appointment of the two At-Large Representatives until July 9, 2001. WITHDREW THE NOMINATION Commissioner Pritchett of Mr. James W. Sawyer to serve a third term so the Board could move forward with appointments. She explained that she was concerned about not complying to committee guidelines. WITHDREW THE MOTION Commissioner Boseman . Chairman Davis opened the floor to receive nominations for the two At-Large Community Representatives. Commissioner Caster nominated reappointment of James Monte Coughlin and Harry B. Simmons to fill the two vacancies. The nominations were seconded by Commissioner Pritchett. Hearing no other nominations, Chairman Davis declared the nominations closed and called for a vote. Vote: Upon vote, the BOARD UNANIMOUSLY reappointed James Monte Coughlin to serve a 3- year term on the Board of Fire Commissioners and appointed Harry B. Simmons to serve a 3-year term on the Board of Fire Commissioners as At-Large Community Representatives with the terms expiring July 1, 2004. Reappointment of Estelle J. Caporale to Serve on the Jury Commission Chairman Davis announced that one vacancy needed to be filled on the Jury Commission and advised that only one application has been received in the name of Estelle J. Caporale who is eligible NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 663 for reappointment. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint Estelle J. Caporale to serve a 2-year term on the Jury Commission with the term to expire June 30, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Leroy Bunting, Sr. and Liz Unger Coughlin to Serve on the Parks and Recreation Advisory Board Chairman Davis announced that two vacancies needed to be filled on the Parks and Recreation Advisory Board and advised that five applications have been received with two applicants, Jack Bragg, requesting to be reappointed to serve a fifth term and Gehrig Spencer requesting to be reappointed to serve a fourth term. He opened the floor to receive nominations. Vice-Chairman Greer nominated reappointment of Jack Bragg. The nomination did not receive a second. Commissioner Boseman nominated Reverend Leroy Bunting, Sr. The nomination was seconded by Vice-Chairman Greer. Commissioner Caster nominated Liz Unger Coughlin. The nomination was seconded by Vice- Chairman Greer. Commissioner Pritchett nominated Andy Mills. The nomination was seconded by Commissioner Caster. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called on a vote for the appointment of Reverend Leroy Bunting, Sr. Vote: Upon vote, the Board voted 4 to 1 to appoint Reverend Bunting to serve a 3-year term on the Parks and Recreation Advisory Board with the term to expire June 30, 2004. Chairman Davis called for a vote on the appointment of Liz Unger Coughlin. Vote: Upon vote, the Board voted 3 to 2 to appoint Liz Unger Coughlin to serve a 3-year term on the Parks and Recreation Advisory Board. Chairman Davis called for a vote on the appointment of Andy Mills. Vote: Upon vote, the Board voted 3 to 2 to appoint Andy Mills to serve a 3-year term on the Parks and Recreation Advisory Board. Due a tie vote between Ms. Coughlin and Mr. Mills, Chairman Davis called for a re-vote on the two applicants. Chairman Davis called for a vote on the appointment of Liz Unger Coughlin. Vote: Upon vote, Ms. Couglin received three votes and was appointed to serve a 3-year term on the Parks and Recreation Advisory Committee with the term to expire June 30, 2004. Reappointment of Sherman Lee Criner to Serve on the New Hanover County Board of Social Services Chairman Davis announced that only one application had been received in the name of Sherman Criner, who was eligible to be reappointed to serve on the Board of Social Services. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint Sherman L. Criner to serve a 3-year term on the Board of Social Services to expire June 30, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, JUNE 18, 2001PAGE 664 DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 3, ADOPTION OF RESOLUTION TO AWARD BID #01-0287 AND APPROVE CONTRACT #01-0287 TO POWERHOUSE TECHNOLOGY, INC. TO PURCHASE REPLACEMENT GRATE PARTS FOR THE WASTEC FACILITY - ENVIRONMENTAL MANAGEMENT DEPARTMENT Chairman Davis advised Vice-Chairman Greer removed this item from the Consent Agenda until a decision had been made on whether the WASTEC Facility would remain open. Commissioner Caster expressed concern about being requested to purchase grate parts for the incinerator at a cost of $66,825 when discussion was held at a prior meeting about not paying for large ticket items to keep the incinerator open. He asked County Manager O’Neal what recommendation would be made if a $3,000,000 part was needed to keep the WASTEC Facility operational. County Manager O’Neal responded that he probably would not recommend approval of a large expenditure. The Board has generally agreed that major items costing millions of dollars would not be approved, but routine maintenance items such grate parts would be recommended for approval. Commissioner Pritchett advised this was not a major repair but a routine repair job, such as an oil change for a vehicle. Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution awarding Bid #01-0287 and Contract #01-0287 to Powerhouse Technology, Inc. in the amount of $66,825.35 to purchase replacement parts for the WASTEC Facility and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED 4 to 1 as follows: Ayes:Chairman Davis Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Vice-Chairman Greer A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 1. A copy of the contract is on file in the Legal Department. REGULAR MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 12:12 P.M. to hold a meeting of the Water and Sewer District. Chairman Davis reconvened to Regular Session at 12:45 P.M. ADJOURNMENT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 12:46 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board