2001-04-16 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 532
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, April
16, 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 Nancy H. Pritchett 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.
Chairman Caster advised that the Board discussed the following Consent Agenda Items at the
Staff Meeting held on Thursday, April 12, 2001, and agreed to make the following changes: (1) deny
Item 3; (2) deny Item 5 as recommended by the County Manager on the Consent Agenda ; and (3)
deny Consent Agenda Item 13 as recommended by the County Manager on the Consent Agenda.
Commissioner Pritchett referenced Consent Agenda Item 6 and requested the Board to
remove this item from the Consent Agenda for further discussion.
Chairman Davis called for a motion to approve the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to deny Item 3,
remove Consent Agenda Item 6, and approve the remaining items on the Consent Agenda as
recommended. Upon vote the MOTION CARRIED by a 4 to 1 vote as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Commissioner Boseman
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting held on April 2, 2001, as
presented by the Clerk to the Board.
Approval of a County Free Day at the Coast Line Convention Center for the Wilmington
Garden Show
The Commissioners approved a request by the Arboretum Foundation to use a County free
day at the Coast Line Convention Center for the Arboretum to hold the Wilmington Garden Show
on Saturday, February 2, 2002.
Denial of Contribution to the North Carolina City and County Management Association to
Sponsor Civic Education Projects
After discussion of current budget constraints, the Commissioners denied approving a
contribution of $1,250 to the North Carolina City and County Management Association to sponsor
civic education projects.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 533
Adoption of Resolution to Renew Contract #97-0205 with Motorola for Purchase, Delivery and
Installation of 800 MHz Radio Equipment
The Commissioners adopted a resolution to renew Contract #97-0205 with Motorola as a sole
source pursuant to N.C.G.S. 143-129(f) for purchase, delivery, and installation of 800 MHz radio
equipment on an as needed basis. The Chairman was authorized to execute the necessary contract
documents.
Contract provisions will remain the same except for the pricing component that will be
updated with the current pricing proposal from Motorola. Since many state and local entities are on
similar term contracts with Motorola, the company is adjusting all renewals so contracts will be on
the same calendar year; therefore, this renewal will extend the contract through December 31, 2001.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 27.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution to Reject Bid and Contract to Purchase Steelcase Panels for the
Department of Social Services
Due to budget constraints and the recommendation by the County Manager, the
Commissioners adopted a resolution rejecting award Bid #01-0243 to Office Showcase for the
Department of Social Services to purchase steelcase panels.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 27.
Adoption of Resolution Awarding Bid #01-0267 and Approving Contract #01-0267 with Jeff
Gordon Chevrolet for the Purchase of Three (3) Camaro Coupe Special Service Package
Vehicles for the Sheriff’s Department
The Commissioners adopted a resolution awarding a bid and approving a contract with Jeff
Gordon Chevrolet in the amount of $66,450 to purchase three (3) Camaro Coupe special service
package vehicles for the Sheriff’s Department. The Chairman was authorized to execute the
necessary contract documents.
The Sheriff’s Department received a Safe Roads grant and part of the allocation was for the
purchase of three (3) special service package vehicles. The formal bid process was followed and bids
were sent to three (3) Chevrolet dealers. The proposal from Jeff Gordon Chevrolet was the only bid
received.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 27.
A copy of the contract is on file in the Legal Department.
Approval of Consolidated Agreement Between the North Carolina Department of Health and
Human Services and New Hanover County Health Department
The Commissioners approved a Consolidated Agreement between the North Carolina
Department of Health and Human Services and the New Hanover County Health Department for the
purpose of maintaining and promoting the advancement of health in North Carolina. The agreement
involves $1,209,167 in state funding and $934,438 in Title XIX Medicaid reimbursement. This
funding is already projected in the Health Department’s Fiscal Year 2002 Revenue Budget Request.
The Chairman was authorized to execute the necessary documents.
A copy of the agreement is on file in the Legal Department.
Authorization for the Health Department to File a Safe Kids Grant Application with the North
Carolina Governor’s Highway Safety Program
The Commissioners authorized the Health Department to submit a Safe Kids Trailer grant
application in the amount of $8,740 and approve the associated budget amendment if the grant is
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 534
awarded. The New Hanover County Safe Communities/Safe Kids Coalition will use the funds to
purchase a trailer and equipment to conduct child safety seat check events; share the trailer with
personnel in neighboring counties through the Southeastern Regional Advisory Committee for trauma
system coordination; attract media attention to the issue of child passenger safety; conduct training
for child passenger safety courses; and use the trailer as a traveling resource creating visibility of child
passenger safety at public events.
Release of Values - Tax Department
The Commissioners approved a Senior Citizen/Disability Exclusion for the following taxpayer:
DeSouza, Paula Donna$19,870
The Commissioners approved a delinquent application for exemption from the property tax
for the following organization:
St. Judes Metro Com. ChurchR05409-005-014-000
Acceptance of Tax Collection Reports Through March 31, 2001
The Commissioners accepted the following Tax Collection Reports through March 31, 2001,
as submitted by the Collector of the Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXVI, Page 27.
Authorization for the Sheriff’s Department to File a Grant Application for a COPS More 2001
Grant from the U.S. Department of Justice-Office of Community Oriented Policing Services
The Commissioners authorized the Sheriff’s Department to file a grant application for a COPS
More 2001 grant from the U.S. Department of Justice in the amount of $105,000. The grant will
fund a Latent Case Station, an instrument used to scan latent information and compare with suspect
data. This instrument allows for instant latent evaluation, thereby saving weeks and months of time
spent by detectives looking at tens of thousands of fingerprint cards. The local match of $35,000
will be paid from Federal Forfeited Property funds, and no new positions will be funded.
Authorization for the Health Department to File a Grant Application to the N. C. Division of
Health and Human Services, Division of Public Health, Women’s & Children’s Health Section
for the Wilmington Housing Authority Ross Grant-Teen Aids Prevention (TAP) Program
The Commissioners authorized the Health Department to file a grant application for the
Wilmington Housing Authority Ross Grant Teen Aids Prevention Program and Alternative HIV test
sites for three years of funding in the amount of $192,221.
The purpose of the grant is to provide continuation of funding for the New Hanover County
Health Department’s Teen AIDS Prevention program. This program provides life skills education
and teaches risk reduction skills to adolescents to reduce the incidence of HIV and sexually
transmitted disease infection. In addition to educational programs for youth, the Health Department
will provide on-site HIV counseling and testing services for residents of the housing developments.
No County match is required.
Denial for the Health Department to File a Maternity Care Coordination Expansion Grant
from the North Carolina Department of Health and Human Services, Division of Public
Health, Women’s & Children’s Section
Due to budget constraints and a recommendation of denial by the County Manager, the
Commissioners denied the request by the Health Department to file a Maternity Care Coordination
Expansion grant in the amount of $15,000 to the N.C. Department of Health and Human Services,
Division of Public Health, Women & Children’s Section since the funds would be used to hire a new
full time Maternity Care Coordinator position.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 535
Approval of Budget Amendment #2001-40-Courthouse Renovation Capital Project
The Commissioners approved the following budget amendment:
Budget Amendment #2001-40-Courthouse Renovation Capital Project
ADJUSTMENTDEBUTCREDIT
Sales Tax Refund$11,308
Interest Earnings$34,412
Capital Project Expense$ 9,372
Transfer to General Fund$55,092
Explanation:
For accounting purposes only; to close fund 510-Courthouse Renovation
Approval of Budget Amendment #2001-41-Ogden Interceptor Capital Project
The Commissioners approved the following budget amendment:
Budget Amendment #2001-41-Ogden Interceptor Capital Project
ADJUSTMENTDEBITCREDIT
Sales Tax Refund$49,271
Capital Project Expense$68,563
Transfer to Fund 801 (W&S District Escrow)$117,834
Explanation:
For accounting purposes only; to close fund 845-Ogden Interceptor.
Approval of Budget Amendment #2001-42-North Chase Interceptor Capital Project
The Commissioners approved the following budget amendment:
Budget Amendment #2001-42 North Chase Interceptor Capital Project
ADJUSTMENTDEBITCREDIT
Sales Tax Refund$ 7,641
Capital Project Expense$29,355
Transfer to Fund 800 (Sewer Operating Fund)$36,996
Explanation:
For accounting purposes only; to close fund 855 North Chase Interceptor.
Approval of Budget Amendment #01-0178-County Commissioners/Social Services/Adoption
Assistance
The Commissioners approved the following budget amendment:
Budget Amendment #01-0178-County Commissioners/Social Services/Adoption Assistance
ADJUSTMENTDEBITCREDIT
County Commissioners:
Appropriated Fund Balance$56,000
Social Services:
Adoption Assistance$56,000
Explanation:
To roll over State grant funds for FY 1999-2000 for an enhancement to the Special
Adoption Awareness Program. No additional County funds are required. Revenue was received in
FY 1999-2000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 536
Approval of Budget Amendment #01-0180-Social Services/DSS-Administration/Employment
Programs
The Commissioners approved the following budget amendment:
Budget Amendment #01-0180-Social Services/DSS-Administration/Employment Programs
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative grants$160,000
Employment Programs:
Employment Transportation$70,000
Day Care Services$90,000
Explanation:
To budget additional Federal TANF funds received for Child Day Care and
Transportation Services. No additional County funds are required.
Approval of Budget Amendment #01-0181-Social Services/DSS-Administration/CP&L
Intervention Program
The Commissioners approved the following budget amendment:
Budget Amendment #01-0181-Social Services/DSS-Administration/CP&L Intervention
Program
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative grants$15,925
CP&L Intervention Program:
Assistance Payments$15,925
Explanation:
To budget an additional State allocation for the CP&L Intervention Program. No
additional County funds are required.
Approval of Budget Amendment #01-0179-Social Services/Child Day Care
The Commissioners approved the following budget amendment:
Budget Amendment #01-079-Social Services/Child Day Care
ADJUSTMENTDEBITCREDIT
Social Services:
Child Day Care:
Office of Day Care$579,935
Day Care Services$579,935
Explanation:
To budget an additional allocation for State Subsidy Day Care. No additional County
funds are required.
Approval of Budget Amendment #01-0182-Health/Project Assist
The Commissioners approved the following budget amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 537
Budget Amendment #01-0182-Health/Project Assist
ADJUSTMENTDEBITCREDIT
Health Department:
Project Assist:
American Legacy$2,400
Contracted Services$2,400
Explanation:
To budget additional revenue received from the State Project Assist American Legacy
grant. This money will be used to contract with the Wilmington Sharks to promote the “Tobacco
Free Night at the Ballpark.” No additional County funds are required.
ADOPTION OF A RESOLUTION AWARDING BID #01-0266 AND APPROVAL OF
CONTRACT #01-0266 WITH VOLVO & GMC TRUCK CENTER OF CAROLINA FOR
PURCHASE OF ONE (1) ROLL-OFF TRUCK FOR THE ENVIRONMENTAL
MANAGEMENT DEPARTMENT CONSENT AGENDA ITEM 6
-
Commissioner Pritchett referenced Consent Agenda Item 6 and requested the Board to
consider purchasing one roll-off truck instead of two for use at the Landfill since the N. C. Solid
Waste Section of the Department of Treasury has approved using white goods reimbursement money
to purchase one truck. If the existing $139,000 in the white goods account is not spent, the State will
not release any additional reimbursement money to New Hanover County.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a
resolution to award Bid #01-0266 and approve Contract #01-0266 to Volvo & GMC Truck Center
of Carolina in the amount of $83,372 to purchase one roll-off truck for use at the Landfill from the
white goods fund and authorize the Chairman to execute the necessary contract documents. 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 XXVI, Page 27.
A copy of the contract is on file in the Legal Department.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS:
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Jon C. DeFautInformation Technology 5 years
Thomas M. WatsonInspections Department 5 years
Victoria J. McAniffSocial Services Department 5 years
Phyllis B. SmithLibrary 5 years
Julianne M. GriffinFinance Department10 years
Sharon L. SmithInformation Technology15 years
Henry ChisolmCape Fear Museum20 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:
Terrance McRae, Engineering Department
Thomas Parker, Engineering Department
Jeff Suggs, Health Department
Patricia Voelker, Cape Fear Museum
Andrea Fulford, Register of Deeds
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 538
Joyce Brown, Department of Social Services
Ruth Haas, Cape Fear Museum
On behalf of the Board, Chairman Davis welcomed the new employees to New Hanover
County government and wished them success in their new positions.
RECOGNITION OF DR. ART COSTANTINI AND SOUTHEASTERN CENTER (SEC) FOR
ACCREDITATION
County Manager O’Neal reported that the Southeastern Center for Mental Health
Developmental Disabilities and Substance Abuse Services (SEC) received notification that it has been
accredited by the Council on Accreditation for Children and Family Services (COA). He spoke on
this being an outstanding accomplishment and requested Dr. Art Costantini to explain the process.
Dr. Costantini reported that approximately two years ago, it was decided that the
Southeastern Center should seek a national accreditation to reflect the quality of services being
offered by the Center. This process involved a group effort that took two years which resulted in a
full three-year accreditation representing the highest national standards for professional services
provided to children and families. He noted that Staff had earned this accreditation and stated it was
rewarding to receive this recognition.
On behalf of the Board, Chairman Davis congratulated Dr. Costantini and Staff for this
outstanding accomplishment and stated that under the capable leadership of Dr. Costantini and his
quality Staff, this accreditation was possible.
ADOPTION OF RESOLUTION PROCLAIMING MAY 2001 AS “BICYCLE AWARENESS
MONTH” AND DESIGNATING NEW HANOVER COUNTY AS A BICYCLE FRIENDLY
COMMUNITY
Senior Staff Planner, Chris O’Keefe, a member of the Bicycle Advisory Committee, requested
the Board to adopt a resolution declaring May, 2001 as Bicycle Awareness Month and designating
New Hanover County as a bicycle friendly community. During this month, an effort will be made
to focus on bicycle related activities to promote safe bicycle use in New Hanover County and to
promote increased use and awareness of bicycles. Appreciation was expressed to the Board of
County Commissioners for support of this effort which has created safer cycling opportunities for
the citizens.
Chairman Davis read the resolution and called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the
proclamation designating May 2001 as “Bicycle Awareness Month” in New Hanover County. 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 XXVI, Page 27.
ADOPTION OF RESOLUTION DECLARING SATURDAY, APRIL 21, 2001 AS “EARTH
DAY”
Staff Planner Chris O’Keefe requested the Board to adopt a resolution declaring Saturday,
April 21, 2001 as “Earth Day” in New Hanover County. Activities will be held that day from 9:00
A.M. until 5:00 P.M. at Hugh MacRae Park. The theme for this year is “Green Gardening.”
Highlights include displays by local environmental groups, demonstration projects, guest speakers,
music, stewardship awards, poster/art/photo contests, and games. Mr. O’Keefe invited the County
Commissioners to attend the Earth Day Celebration at Hugh MacRae Park on Saturday, April 21,
2001.
Chairman Davis read the resolution and called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a
resolution declaring Saturday, April 21 as “Earth Day” in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 539
Commissioner Pritchett noted that Keep America Beautiful had been involved with the Earth
Day Program for many years.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 27.
ADOPTION OF PROCLAMATION DECLARING APRIL 21-27, 2001 AS “NATIONAL
VOLUNTEER WEEK” IN NEW HANOVER COUNTY
New Hanover County Public Information Officer, Mark Boyer, advised that Ms. Barbara
Wallace, Director of the United Way Volunteer Center, was present to accept the proclamation and
make a few comments. He also spoke on the importance of volunteers to New Hanover County and
stated this week has been designated to recognize the time and effort given by volunteers.
Chairman Davis read the proclamation and called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a
proclamation declaring the week of April 21-27, 2001, as “National Volunteer Week “in New
Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis, on behalf of the Board, presented the proclamation to Ms. Wallace and
expressed appreciation to her and all volunteers for the time and effort given to make our community
a better place to live.
Ms. Barbara Wallace expressed appreciation to the Board for being advocates of volunteerism
and reported that efforts given by volunteers in New Hanover County equate to approximately
$60,000 in labor, time, and resources. In closing, she presented the following quote that she heard
a few week ago:
“Volunteerism is the way that we practice our citizenship.”
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 27.
APPROVAL OF PROPOSAL SUBMITTED BY DR. SUZANNE LELAND TO CONDUCT
A FEASIBILITY STUDY ON CONSOLIDATION OF CITY AND COUNTY
GOVERNMENTS, MERGER OF CERTAIN DEPARTMENTS, OR ALLOWING BOTH
GOVERNMENTS TO REMAIN UNCHANGED
County Manager O’Neal presented a proposal submitted by Dr. Suzanne Leland, an Assistant
Professor of Political Science in the Public Administration Program at Kansas State University. He
noted that he and Vice-Chairman Greer had met with Dr. Leland and advised that she would be on
the UNC-Charlotte faculty in the fall. One of Dr. Leland’s specialities is researching the success of
consolidated governments throughout the country and she has a vast knowledge of local government
in North Carolina.
County Manager O’Neal noted that the proposal submitted by Dr. Leland should be
considered by the Board of County Commissioners and the City Council. He also emphasized the
importance of the public understanding that Dr. Leland would be conducting a feasibility study to
determine whether to consolidate the City and County governments, merge certain functions, or
allow both governments to remain unchanged. Emphasis was placed on the fact that this was not a
study to prepare a plan for consolidation.
County Manager O’Neal also advised that due to the Work Session held on Thursday, April
12, 2001, and the Easter Holiday on Friday, he was not able to discuss the proposal with the City
Manager. At this time, it is not known when the City Council will discuss the proposal; however,
he understands that the City Council will schedule a Work Session to discuss the proposal with Dr.
Leland. The Commissioners indicated that it was not necessary to hold a Work Session; therefore,
this item has been placed on the agenda for approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 540
In closing, County Manager O’Neal stated that the approach in the proposal was good and
the scope of work could be completed within a short period of time. He recommended approval of
the proposal.
Commissioner Pritchett emphasized the importance of having this information as a starting
point and stated that she felt the feasibility study would provide a base for preparing any type of plan
whether total consolidation, merging functions or remaining unchanged.
Chairman Davis noted that when the prior Board met with City Council for the first time to
discuss consolidation, the Commissioners were ready to move forward with hiring a consultant to
prepare a consolidation plan. The City Council is now requesting a feasibility study to assist the
Council Members with deciding if they are interested in moving forward with consolidation. The
taxpayers should be informed that former boards and the present Board of County Commissioners
have been ready to move forward with consolidation for a number of years; therefore, the current
Board does not feel that a feasibility study is necessary. If the Commissioners approve the proposal
today, it will be an act of cooperation to allow the City Council to have Dr. Leland to conduct the
study to provide the information necessary for them to make a decision on whether to proceed with
consolidation.
Vice-Chairman Greer agreed with the remarks made by Chairman Davis and stated that he
was not in favor of hiring a consultant to determine the feasibility of consolidation, but if the City
Council is going to require the study and this is the only way to move toward consolidation, he would
approve the proposal; however, he would rather by-pass this step and hire a consultant to prepare a
plan for consolidation that can be presented to the voters.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to accept the
proposal submitted by Dr. Suzanne Leland subject to the County paying one-half of the $36,400 fee.
Chairman Davis stated that he would much rather pay $18,200 for a study to prepare a
consolidation plan to present to the voters.
Commissioner Boseman stated that she hoped the City Council was serious with their intent
because all elected officials should agree that a partial or complete consolidation would be in the best
interest of all citizens.
Commissioner Caster stressed the importance of receiving public input.
County Manager O’Neal noted that on Page 25 of the proposal, reference is made to the
information gathering process which will require development of a questionnaire and interview of key
governmental officials as well as staff. He also recommended holding some public meetings.
Chairman Davis agreed with the need for the public to be completely informed about the study
and suggested adding a clause to include public input.
Amended Motion:
After noting that the City wants the study, not the County, Vice-Chairman Greer
AMENDED THE MOTION to accept the proposal submitted by Dr. Leland with the County paying
one-half of the $36,400 fee subject to the contractor soliciting public input and the City Council
approving the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF RECOMMENDATION FROM THE CITIZENS SOLID WASTE
ADVISORY BOARD
Mr. Buck O’Shields, Chairman of the Citizens Solid Waste Advisory Board, presented a brief
summary on the history of waste disposal in New Hanover County. He advised that all appeared to
be well until the late 70s and 80s when the landfill being used by New Hanover County and permitted
to others had problems with the State refusing to renew the permit. The County went without trash
pick-up for one full week since there was not a licensed facility within the County or a way to
transport waste out of town. The County established two temporary sites while trying to purchase
land with neighboring counties to establish a landfill. These attempts were met with public and
political opposition, and 13 adjacent counties had local bills adopted by the N. C. General Assembly
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REGULAR MEETING, APRIL 16, 2001 PAGE 541
prohibiting New Hanover County from purchasing land in their counties. The offer to purchase and
develop a landfill in surrounding counties was not successful.
The County then formed a Solid Waste Advisory Committee charged with the task of
recommending to the Board of County Commissioners a plan to reduce the volume of trash to be
landfilled. The recommendation from the Advisory Committee included the use of incineration with
resource recovery to obtain a maximum volume reduction of waste before going to the landfill. When
this bond referendum was placed before the voters in the early 80s, it passed by a 14 to 1 ratio.
On December 21, 1987, the Commissioners sitting on the Board at that time appointed another
Solid Waste Advisory Task Force with the following recommendations from that group in priority
order:
•Increase the capacity of the steam plant.
•Suggest the City go to a once a week collection.
•Establish a mandatory collection service for all County residents and place collections and
disposal costs under the County Tax System.
•Establish a franchise system for collection services.
Acting on the recommendations of the Advisory Task Force, another bond referendum was
placed before the voters for expansion of the incinerator (WASTEC) with the voters passing the bond
issue by a 4 to 1 ratio. Since that time, the Solid Waste Plan under the guidance of the County
Commissioners has been updated in 1993, 1997, and 2000. Those updates and resolutions suggested
no deviation from the original plan of the early 80s. The last update required by CAMA was
conducted under the New Hanover County Land Use Plan which required numerous meetings and was
finally adopted by the Board of County Commissioners. Under the CAMA Land Use Plan Update,
Page 52, the following sections were adopted:
•Section 7.1: Establish and maintain an environmentally responsible cost-effective system for
managing solid waste that will protect public health, provide adequate waste disposal capacity,
mandatory solid waste collection and recycling services, and waste reduction opportunities.
•Section 7.2: Meet the established waste reduction goals that are set by the State and adopted
by New Hanover County.
•Section 7.3: Continue to seek ways to reduce and manage the solid waste stream through
establishment of countywide garbage pickup, expanded recycling programs, composting,
expanded hazardous waste pickup, education, and multi-jurisdictional cooperation.
•Section 7.4: Eliminate illegal trash dumping through strict monitoring and enforcement
including increased fines, signage, rewards, and other means.
•Section 7.5: Continue to support and improve the County’s innovative incinerator and landfill
system.
The modifications and updates in the Land Use Plan are the guidelines that the Citizens Solid
Waste Advisory Board has used to prepare the recommendation. The resolution adopted by the Board
of County Commissioners on April 14, 2000, to establish a Citizens Solid Waste Advisory Board
requested the group to perform the following items:
1. To review with County Staff all information relevant to solid waste collection and disposal.
2. To evaluate and recommend short and long-range plans for waste reduction at the source,
recycling, yard waste, composting, and waste disposal.
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REGULAR MEETING, APRIL 16, 2001 PAGE 542
3. To evaluate and recommend reasonable alternatives for assuring revenue necessary to fund the
existing solid waste programs.
4. To evaluate and recommend public service programs for litter control.
During the past six months, the Citizens Solid Waste Advisory Board has made several trips
to Charleston to review this government’s solid waste plan and disposal system. Discussion has been
held on the legalities of the plan and meetings have been held with waste haulers. A trip was made to
Raleigh to see the operation of the Construction and Demolition Facility. It is felt that a system of this
type should be integrated into the Solid Waste Plan for New Hanover County.
Meetings have been held with County Staff and other agencies to prepare a plan. Input has
been received from the citizens, City of Wilmington, Carolina Beach, Wrightsville Beach, Kure Beach,
the unincorporated areas of the County, vacant property owners, waste haulers, elected officials, staff,
and disposal facilities. Input has also been received from business owners, hospitals, clinics, UNCW,
Cape Fear Community College, multi-family dwelling owners, restaurants, hotels, motels,
retail/wholesale businesses, industry, manufacturing services, entertainment, non-profit organizations
and contractors. Questions discussed are whether the current cost compares to the user fee cost, and
what impact the user fee will have on costs, services, existing contracts, and the environment.
After an extensive review of developing sound, sensible and practical strategies to accomplish
the solid waste management goals, the Citizens Solid Waste Advisory Board has recommended the
following strategy:
FY 2001-2002:
For at the least the next budget year, the present funding arrangement needs to be
continued. The competitive tip fee and electricity sales are desirable as part of an enterprise system;
however, an additional source of funding will be required. After careful analysis and considerable
study, the Citizens Solid Waste Advisory Board recommends that the Commissioners continue to
support the General Fund transfer and not enact a solid waste disposal fee because of the following
reasons:
1. The General Fund transfer requires no new staff or additional costs to implement, compared
to the need for five to ten new positions and at least several hundred thousand dollars to
implement a new solid waste disposal fee.
2. Property taxes for the General Fund transfer are income tax-deductible compared to a fee.
3. Continued use of the existing General Fund transfer will generate little public comment relative
to the significant public comment that would be created by imposition of a new fee for both
residential and commercial customers.
4. It is highly unlikely that a reasonable disposal fee system could be enacted this coming year
given the logistics involved in creating a customer data base, a billing system, adequate staff
and facilities for the work, and the lack of full cooperation with all major haulers.
FY 2002-2003 and Future Years:
For the long term, the Citizens Solid Waste Advisory Board and
Staff will develop a solid waste management system to eliminate the General Fund transfer. This
system would include the following items:
1. Develop a mandatory residential collection system with additional services (e.g. curbside
recycling) for residents of the unincorporated areas and at the same time provide a savings to
residents through coordinated collection. The City can provide the design and implementation
of the collection service as outlined in the letter dated April 3, 2001, from Ed Fare, City
Director of Public Services and Facilities . Billing would cover both collection and disposal.
The County would be required to contribute $35,000 to the City for FY 2001-2002 for the
development of this system. In addition, the County would incur costs for initial data
preparation at an approximate cost of $25,000 to $50,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 543
2. Develop a hauler license or other regulatory means to ensure that commercial solid waste
generators will pay a disposal fee commensurate with the amount and type of solid waste.
3. The County needs to pursue the following programs:
•Determine the most cost effective method of reducing household hazardous waste in
the waste stream and develop a waste toxicity reduction program.
•Continue negotiations with the City of Wilmington to provide the same level of
services as provided to City residents to residents living in the unincorporated areas of
New Hanover County. Services will include garbage collection, bulky item collection,
yard waste collection, curbside recycling, and billing services.
•Adopt a Solid Waste Ordinance to ensure environmentally sound solid waste collection
and disposal practices.
•Develop a Request for Proposals to determine the cost effectiveness of a public/private
partnership to reduce the dependency of landfilling construction/demolition type waste
by processing these materials for beneficial reuse and recycling.
•Determine the most cost effective method of processing locally collected recyclable
materials in order to make progress toward the waste reduction goals as outlined in the
New Hanover County Solid Waste Planning Area Management Plan.
In closing, Mr. O’Shields offered to answer questions.
Chairman Davis asked if the bottom line of the recommendation was to allow the functions of
the Environmental Department to remain in place and continue to transfer money from the General
Fund for the next fiscal year.
Mr. O’Shields responded that funding was needed for the next fiscal year because it was not
possible for the Citizens Solid Waste Advisory Board to address the many issues that have to be
resolved to develop a plan before July 1, 2001. He noted that the Advisory Board was committed to
developing a solid waste management system that will eliminate the General Fund transfer and at the
same time provide a cost effective system to serve the County in the future.
Chairman Davis stated if the WASTEC Facility remains open, it is imperative for the plan
implemented to eliminate the $2.4 million transfer from the General Fund.
Mr. O’Shields explained that the WASTEC Facility is an integrated part of the volume
reduction method to reduce waste going into the County Landfill. If the Board elects to close the
WASTEC Facility tomorrow or in three years, a solid waste management system needs to be
developed to meet State waste stream reduction goals and deal with the volume of waste generated
in New Hanover County. The Citizens Solid Waste Advisory Board needs direction from the Board
since the word on the street is that a majority of County Commissioners would vote to close the
WASTEC Facility. He stated if this is true, the Advisory Board needs to know so the plan being
developed can deal with this issue.
Commissioner Boseman spoke on thinking that the best way to reduce waste was from the
source and she asked how other counties were reducing the waste stream and if any other incinerators
were operating in North Carolina.
Mr. O’Shields responded that under the State’s plan, New Hanover County does not receive
credit for the reduction of volume through incineration. The goal is to eliminate waste from going into
the Landfill. Reducing waste from the source is important, and the Advisory Board was impressed
with the Construction and Demolition Facility in Wake County where the waste was separated and
recycled. This facility reduced the volume of construction waste going to the landfill by 70 percent.
As of this date, very few counties have met the State waste stream reduction goals.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 544
County Manager O’Neal noted that if New Hanover County had received credit for reduction
of volume through incineration, the County would have one of the highest waste stream reduction
goals in the State.
Commissioner Pritchett, the Board representative on the Citizens Solid Waste Advisory Board,
noted that Commissioner Boseman was correct in saying that the reduction needs to come from the
source. It is a matter of teaching the public to reduce the use of disposable products and encouraging
companies to reduce the amount of waste from industrial production. The establishment of a
Construction and Demolition Facility similar to the one in Wake County would greatly benefit the
County in reducing the waste stream. Regardless of what method of disposal is used, the County
should implement an enterprise system that will not depend on a subsidy from the General Fund. The
debt on the WASTEC Facility will have to be paid by the County and if the Landfill is used for
disposal of all waste, cells will have to be constructed to handle the volume. The Advisory Board has
focused on implementing a system that will pay for itself through a fee based system. At this point,
the details have not been worked out, but by the beginning of FY 2002, a plan should be in place.
Discussion followed on contracting with the City of Wilmington for billing services and
gathering sufficient data on property owners and businesses to be billed. Director of Environmental
Management Ray Church noted that recently Staff found it was possible to gather data by working
with the Tax Department and IT Department. When a property owner has several parcels of land, it
has been difficult to determine the assignment of the user fee to a specific parcel. The Tax Department
and IT Department are in the process of resolving this issue, and Carolina Power and Light Company
has assisted with identifying residential and commercial properties.
Commissioner Boseman spoke on not being in favor of charging a fee to residents without the
provision of additional services.
Mr. O’Shields explained that the fee charged would be for disposal. The mandatory trash
collection system will assist with cleaning up New Hanover County. Currently, residents without a
household garbage collection service may elect to throw each bag of trash in the woods or on the side
of the road. If all residents are being charged a fee for trash collection through a mandatory system,
it is felt that all households will use the services provided.
Vice-Chairman Greer asked why the State does not allow credit for the reduction of volume
through incineration.
Mr. O’Shields suggested that the Board approach State Officials about allowing credit for
reduction of volume through incineration because this is an integral part of the system that was chosen
by the County years ago to reduce the amount of waste going into the Landfill.
Vice-Chairman Greer advised that the Commissioners are charged with the responsibility of
finding an environmentally and cost effective way to dispose of waste. When the incinerator was
conceived, it was probably a good idea; however, times have changed. In 1993, when visiting
WASTEC, the Commissioners were told that most of the improvements had been completed and it
would be smooth sailing from that point forward. As the federal and state governments have increased
environmental standards, more money has been spent on the incinerator. During the current year, $3
million has been removed from the General Fund compared to $2.4 million last year, which does not
include the $4 million from the Environmental Management Fund Balance that was spent on
equipment. Sooner or later, the County will reach a point where these additional funds cannot be
appropriated each year. Director Church and Staff have performed an outstanding job in operating
the WASTEC Facility, but how much longer can the taxpayers continue to fund this facility. The
County’s tip fee is $60 per ton when there are environmentally safe lined landfills charging only $20
per ton. The Commissioners must decide what type of waste disposal system to use. A fee can be
imposed and the cost spread to all residents, but it is the responsibility of the Board of County
Commissioners to save money for the taxpayers and dispose of waste in an environmentally safe way.
There are landfills owned by counties that are making money. New Hanover County has an
environmentally safe lined landfill that could be regulated by lowering the tip fee when more trash is
needed and increasing the tip fee when trash is not needed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 545
Mr. O’Shields responded that the question to answer is who the County will be looking after,
the waste hauler or adjacent counties who have given up permits to a private company to construct
a landfill that will bring in more trash. The plan for trash disposal in New Hanover County was not
designed by another county. In the future, the WASTEC Facility may go by the wayside, but if the
Commissioners are going to vote to close WASTEC within the next year, the Advisory Board should
be informed.
Vice-Chairman Greer responded that the number one goal of waste disposal should be to look
out for the citizens of New Hanover County in an environmentally safe manner.
Commissioner Pritchett noted that if the WASTEC Facility had not been in operation during
the past year, the construction of the needed landfill space to accommodate the volume of waste
disposal would be approximately $2 million.
Commissioner Caster referenced the number of e-mails received from people who feel that
WASTEC is outdated and should be closed. He requested the Advisory Board to review other options
for handling waste disposal.
Director Church requested each Commissioner to contact him when receiving e-mails
comparing the Landfill to the incinerator. He referenced one e-mail that compared the cost of the
landfill at $1.5 million and the cost of the incinerator at $9.5 million. He explained that the cost for
operating the Landfill does not include the debt service, cell construction, or closing cells. He noted
that he was hired as an expert in solid waste management and stated that he has been recognized as
a professional throughout the state and country, but not in New Hanover County. He expressed
concern for discussions occurring each year during the budget process about closing WASTEC and
stated it was difficult to maintain a positive attitude among the employees when their work is always
questioned.
Chairman Davis expressed concern for Director Church taking this discussion personally and
stated the Board is trying to address a large budget shortfall. The Commissioners will be required to
make some difficult decisions, and regardless of what has been said, $2.4 million has to be transferred
annually from ad valorem taxes to operate the WASTEC Facility. He spoke on being an advocate of
the incinerator, but stated that each County Commissioner is responsible for protecting the taxpayers.
He also commented on the need to preserve space in the Landfill and stated it would be almost
impossible to acquire a large piece of land in the future with the high cost of property in New Hanover
County. The Advisory Board and Staff have prepared a good plan, and the time has come for a
decision to be made. It is imperative for a good line of communication to remain open between all
parties involved, and the Commissioners need to provide direction to the Advisory Board.
Commissioner Pritchett agreed and stated at this point, the Citizens Solid Waste Advisory
Board is requesting the Commissioners to approve funding for FY 2001-2002 to allow the functions
of the Environmental Management Solid Waste Division to remain unchanged. The Commissioners
should then direct the Advisory Board to develop a new funding system by July 1, 2002.
Vice-Chairman Greer stated that since a tremendous amount of money has just been spent on
equipment for the incinerator, it would not be wise to close the WASTEC Facility at this time;
however, the incinerator may have to be closed in the future because of additional costs involved with
new environmental regulations. He requested the Citizens Solid Waste Advisory Board to consider
these items when preparing the solid waste management system.
Chairman Davis called for a motion.
Motion:
After discussion of the need to have a plan in place to receive public comment before the
next budget process, Commissioner Pritchett MOVED to continue funding the operation and services
provided by the Environmental Management Solid Waste Division for FY 2001-2002 and direct the
Advisory Board and Staff to have a solid waste management system and funding recommendation in
place for public comment by January 1, 2002.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 546
Mr. Dave W. Carnell, a resident of 322 Pages Creek Drive, stated that he had not figured out
how to pay his debts without his income exceeding his expenses. If this comparison is made with the
operation of the incinerator, there are only two ways to pay for the debt service: (1) place the
payment on the backs of the taxpayers; or (2) close the incinerator and pay the debt from the profits
of the existing landfill, which already handles two-thirds of the County’s waste. The second option
will generate enough revenue to provide the desired services of the proposed solid waste management
system. If the incinerator is closed, the landfill has sufficient space to last for at least 35 years. With
new innovative technology in landfilling, the waste can be reduced by the same percentage as currently
being reduced through incineration. The new landfill system would be through bio-reaction whereby
water is pumped into the landfill to digest a large volume of the materials placed in the cell.
In closing, Mr. Carnell informed Commissioner Boseman that New Hanover County was the
only local government in North Carolina operating an incinerator. A few years ago, the incinerator
in Mecklenburg County was closed because of costs involved with meeting environmental upgrades.
Chairman Davis requested Mr. Carnell to present this information to the Advisory Board.
Commissioner Pritchett responded that the incinerator in Mecklenburg County was closed
because of a design flaw. She also noted that oxygen, not water, digests garbage because the microbes
are fed by oxygen.
Chairman Davis called for a SECOND TO THE MOTION made by Commissioner Pritchett.
Commissioner Caster SECONDED THE MOTION. Upon vote, the MOTION CARRIED
4 to 1 as follows:
Ayes:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
BREAK
Chairman Davis called a break from 11:00 A.M. until 11:10 A.M.
ADOPTION OF RESOLUTION TO AWARD CONTRACT #01-0306 TO POST, BUCKLEY,
SCHUH & JERRNIGAN, INC., FOR CONSTRUCTION OF CELL 6A/B AT THE NEW
HANOVER COUNTY LANDFILL
Director of Environmental Management, Ray Church, advised that federal and state solid waste
management regulations require certification by a licensed engineer and the Landfill has been
constructed in accordance with a Construction Quality Assurance (CQA) plan. A proposal has been
received from Post, Buckley, Schuh & Jerrnigan, Inc. to provide this service. This firm has a great
deal of experience in working with New Hanover County and the quality of work has been excellent.
Director Church requested the Board to award the contract to Post, Buckley, Schuh &
Jerrnigan, Inc. in the amount of $210,955 which will include up to 22 weeks at 60 hours per week of
a full time CQA manager on site during construction of the 14-acre cell.
Chairman Davis asked if the proposal submitted by Post, Buckley, Schuh & Jerrnigan, Inc. was
a competitive price for the scope of work.
Director Church responded that the price presented was competitive. Staff checked with Wake
County, Buncombe County and other areas of the State to be sure a reasonable price had been
received.
Vice-Chairman Greer stated that it was difficult to know whether a competitive bid had been
received when the same firm was used year after year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 547
County Manager O’Neal requested Director Church to explain when it would be appropriate
to consider using another engineering firm.
Director Church explained that when Cell 6A/B is completed, Cell 6C/D will need to be
constructed to complete the design and footprint of this area. The next step will be to place 70 feet
of landfill space on top of this area. When a new section across the road on the right side of the
Landfill is started in approximately 10 years, a new engineering firm can be considered at that time.
Commissioner Caster asked if means that New Hanover County will be contracting with the
same firm for 10 years.
Director Church responded that New Hanover County has a contract with Post, Buckley,
Schuh & Jerrnigan, Inc. to complete the design of this area. Once this area is completed, other firms
can be considered. It is an advantage for the County to remain with Post, Buckley, Schuh & Jerrnigan,
Inc. through the design process.
County Manager O’Neal explained that the Landfill is laid out in blocks with different inter-
relating cells in each block; therefore, it is better to work with one firm until the block has been
completed. The most appropriate time to consider another firm will be when next block is opened.
Vice-Chairman Greer strongly objected to using the same firm for 10 years because of the
difficulty involved in determining if a competitive price has been received.
Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a
resolution awarding the contract to Post, Buckley, Schuh & Jerrnigan, Inc. in an amount not to exceed
$210,955 for engineering services during construction of Cell 6A/B at the Landfill. 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 XXVI, Page 27.
A copy of the contract is on file in the Legal Department.
PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED ECONOMIC
DEVELOPMENT APPROPRIATION TO LEK PHARMACEUTICAL COMPANY
Chairman Davis opened the Public Hearing and requested Mr. Scott Satterfield to report on
this item.
Mr. Scott Satterfield of Wilmington Industrial Development, Inc. introduced Mr. Paul
Kleutghen, President and CEO of LEK Pharmaceutical Company, and reported that he was requesting
the Board to consider an economic development appropriation of $12,000 to encourage LEK to locate
its North American Corporate Office Headquarters in Wilmington, North Carolina. The funds will be
used to assist LEK with defraying relocation and start-up costs.
Mr. Paul Kleutghen expressed appreciation to the Board for considering the funding
appropriation. He reported that sales exceeded $250 million last year and stated that the main focus
of the company will be selling prescription drugs on the U.S. market.
Chairman Davis opened the Public Hearing asked if anyone from the public would like to
speak.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 548
No comments were received.
Chairman Davis closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve a
funding appropriation of $12,000 to assist LEK Pharmaceutical with defraying relocation and start-up
costs for locating its North American Corporate Headquarters in Wilmington, N. C. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Davis welcomed Mr. Kleutghen and his company to New
Hanover County and he expressed appreciation to the company for selecting Wilmington as the
location for its American Corporate Office Headquarters..
Mr. Richard V. Biberstein, Chairman of Wilmington Industrial Development, Inc., expressed
appreciation to the Board for approving the funding commitment and stated this type of support from
local government is an asset to Wilmington Industrial Development, Inc. in recruiting companies to
locate in the area. He also noted that during the past year, Wilmington Industrial Development, Inc.
had focused on recruiting companies interested in relocating corporate office headquarters to the
region.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
2001 BOARD OF EQUALIZATION AND REVIEW
Chairman Davisconvened from Regular Session at 11:31 A.M. to hold a meeting of the Board
of Equalization and Review.
Chairman Davis reconvened to Regular Session at 11:46 A.M.
ADOPTION OF A RESOLUTION TO IMPLEMENT A TIPPING FEE OF $15 PER TON
FOR PROCESSING CORRUGATED CARDBOARD
Director of Environmental Management Ray Church reported that inmates from the N. C.
Department of Correction have been used for several years to process cardboard received for
recycling. The N. C. Department of Correction decided to move the inmate crew to the hospital to
operate the laundry. With loss of this help, the Environmental Management Department has
contracted with a manpower company to provide three laborers to process the cardboard. In order
to cover the cost, Staff recommends implementing a tipping fee of $15 per ton.
Commissioner Pritchett asked if a sunset provision should be placed on the tipping fee since
inmates may be returned to the department at a future date.
Director Church responded that including a sunset provision would not be a problem.
Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a
resolution to charge a tipping fee of $15 per ton for processing corrugated cardboard to become
effective May 1, 2001, contingent upon the fee being adjusted if inmates are reassigned to work at the
Department of Environmental Management. 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 XXVI, Page 27.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 12:01 P.M. to hold a meeting of the Water
and Sewer District.
Chairman Davis reconvened to Regular Session at 12:19 P.M.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 549
COMMITTEE APPOINTMENTS
Appointment of C. Bruce Williams to Serve on the Airlie Gardens Foundation Board of
Directors
Chairman Davis asked if Dr. Bruce Williams was still working as a consultant for the County.
Assistant County Manager Dave Weaver responded that Dr. Williams was no longer a
consultant for New Hanover County.
Commissioner Boseman commented on Dr. Williams serving on the Tidal Creek Advisory
Board and asked if a person could be appointed to serve on two boards. She referenced a recent
committee appointment where the applicant was serving on another board and stated this fact was
taken into consideration by the Board when making the appointment.
Chairman Davis responded that a person can serve on more than one board; however, this issue
may be considered when deciding on what applicant to appoint.
Motion:
After discussion of Dr. Williams being a certified professional horticulturist, Commissioner
Caster MOVED, SECONDED by Commissioners Pritchett, to appoint Dr. C. Bruce Williams to serve
as an at-large member on the Airlie Gardens Foundation Board of Directors. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Reappointment of Darryl T. Langley to Serve on the Lower Cape Fear Water and Sewer
Authority
Chairman Davis advised that one vacancy needed to be filled on the Lower Cape Fear Water
and Sewer Authority and reported that two applications have been received with one applicant, Darryl
T. Langley, desiring to be reappointed.
Commissioner Caster stated as a member of the Lower Cape Fear Water and Sewer Authority
he could attest to the fact that Mr. Langley was an excellent member.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Darryl
T. Langley to serve a 3-year term on the Lower Cape Fear Water and Sewer Authority with the term
to expire May 13, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NURSING HOME COMMUNITY ADVISORY COMMITTEE
Chairman Davis advised that two vacancies needed to be filled on the Nursing Home
Community Advisory Committee and reported that only one application had been received in the name
of Joseph F. Hughes.
After discussion of the need to recruit applicants to serve on the Nursing Home Community
Advisory Committee and Adult Care Home Community Advisory Committee, Clerk to the Board
Lucie F. Harrell, reported that Gareth McGrath, a Star-News reporter, was in the process of preparing
an article to be placed in the paper on the need to recruit volunteers to serve on these two committees.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint Joseph
F. Hughes to serve a one-year initial term on the Nursing Home Community Advisory Committee with
the term to expire April 30, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of Mary Helen Orth to Serve on the Citizens Solid Waste Advisory Board
Chairman Davis advised that one at-large vacancy needed to be filled on the Citizens Solid
Waste Advisory Board and reported that one application had been received in the name of Mary Helen
Orth.
Commissioner Caster suggested delaying this appointment to see if more applicants could be
recruited.
Commissioner Pritchett advised that Ms. Orth was not appointed to serve on the Citizens Solid
Waste Advisory Board on March 26,2001, because the Board felt that it would be inappropriate to
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 550
appoint a new member before the Advisory Board had made its recommendation on solid waste
management to the Board of County Commissioners. The Board agreed at that time to wait until the
April 16, 2001 meeting to appoint Ms. Orth.
Vice-Chairman Greer emphasized the importance of appointing members from a broad section
of the community and he asked if the vacancy had been advertised.
Clerk to the Board Lucie Harrell responded that the vacancy had been properly advertised.
Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Chairman Davis, to appoint Mary Helen
Orth to serve on the Citizens Solid Waste Advisory Board. Upon vote, the MOTION CARRIED by
a 4 to 1 vote as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Boseman
Commissioner Pritchett
Noes:Commissioner Caster
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks
to three minutes.
Mr. Steve Vosnock, a resident of 1109 Marathon Avenue, Castle Hayne, N. C., expressed
concern for the following items:
Code of Ethics, Canon Six:
1. A County Commissioner should regulate his or her extra-
governmental activities to minimize the risk of conflict with his or her official duties:
(D) Information acquired by County Commissioners in their official capacity should not be
used or disclosed in financial dealings or for any other purposes not related to official
duties.
Mr. Vosnock expressed concern for the action just taken in the meeting of the Water and
Sewer District regarding the award of the bid for generators, and he encouraged the
Commissioners to read this section of the Code of Ethics and to abide by the rules.
Discussion of the Jail Project:
2. The Commissioners have been discussing and expressing
concern on how to balance the budget when Miller Building, Inc. has been given $3 million to
expedite the Jail Project, which is already being carried out by the County Project Engineer
Greg Thompson. Another $500,000 has been given to Miller Building on a clearing job that
was bid at only $200,000.
Lack of Public Input:
3. No public input was received on a Jail Project that will cost over $52
million. The Board should always receive public input on large construction projects.
Commissioner Pritchett assured Mr. Vosnock that Mr. Greer did not violate his official public
duty when addressing the bid award to purchase generators in the Water and Sewer District Board
meeting. She noted that he recused himself from voting and stated that no member of the District
Board was influenced by Mr. Greer regarding the bid award.
Mr. Vosnock objected to a member of the Water and Sewer District Board being involved with
water and sewer related business.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, APRIL 16, 2001 PAGE 551
Commissioner Pritchett informed Mr. Vosnock that it was not possible to regulate how an
individual earns a living, and Mr. Greer had not acted in an improper manner.
Recognition of Boy Scout Jonathan Evans
Chairman Davis recognized Judge Jay Corpening, II to introduce a Boy Scout attending the
meeting.
Judge Corpening introduced Jonathan Evans, a Boy Scout working on his Law and Merit
Badge.
Chairman Davis congratulated Boy Scout Evans for attending the meeting and being involved
in scouting.
ADDITIONAL ITEMS
Discussion of Attending Meeting with Convention Center Development Team
Chairman Davis announced that Mayor David Jones and Vinton Fountain from the Convention
Center Development Team would like for a group of elected officials to attend a meeting with the local
legislative delegation in Raleigh, North Carolina, on Wednesday, April 25, 2001, at 11:00 A.M. He
informed the Board that he could not attend because of his court schedule.
Vice-Chairman Greer advised that he would be out of town on that date, and Commissioner
Pritchett and Commissioner Caster spoke on not being able to attend because of prior commitments.
Commissioner Boseman noted that she would have to check her office calendar before making
a commitment.
Chairman Davis advised that he would keep the Board informed about the details of the trip
to Raleigh.
Discussion of Resolution Requesting Enabling Legislation to Allow the Voters to Decide on a
One-Cent Local Option Sales Tax
Chairman Davis referenced discussion that was held at the joint meeting with the Board of
Education and at the Thursday Staff meeting regarding a draft resolution to request the local legislative
delegation to support a one-cent local option sales tax for New Hanover County. He noted that
County Manager O’Neal had prepared a draft resolution which has been reviewed by the Board and
stated that Commissioner Caster has just presented a resolution for the Board to consider.
A lengthy discussion followed on the two resolutions regarding the use of revenue to be
generated from the one-cent local option sales tax. After discussion of limiting the use of revenue to
fund schools and reduce the property tax burden on senior citizens, Chairman Davis stated that he
never intended for all revenue generated from the one-cent local option sales tax to be in addition to
the regular budget for schools. Currently, when the school presents a budget, the only revenue source
is the General Fund. If a one-cent local option sales tax is implemented, the County would have
another source of revenue to meet school needs. The voters are very much in favor of earmarking
some of the revenue generated from the local option one-cent sales tax revenue to avoid increasing
the ad valorem tax rate to fund schools.
Commissioner Pritchett asked if the revenue generated from the one-cent local option sales tax
could be used to repay the school bond debt.
Deputy County Manager Atkinson responded that if the revenue is earmarked for a specific
purpose, he thought it could be applied to the bond debt.
County Attorney Copley responded that she would be glad to check with bond counsel about
using the revenue for bond debt and report back to the Board.
Chairman Davis noted that the resolution presented by Commissioner Caster specifies use of
revenue generated from the one-cent local option sales tax for convention centers, ballfields,
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REGULAR MEETING, APRIL 16, 2001 PAGE 552
performing arts center, etc. He stated that he thought the revenue should be limited to funding schools
and reducing the tax burden on elderly citizens.
Commissioner Caster stated when he submitted the resolution, discussion was held on
providing property tax relief to the elderly. The items listed in the resolution are projects that people
want such as a convention center, performing arts center, cultural attractions, and additional funding
for schools. He requested the Board not to limit revenue generated from the additional one-cent local
option sales tax to only two items.
Chairman Davis explained that he did not have to include tax relief for the elderly in the
resolution, but felt it would be a way to reduce the property tax burden on seniors and at the same
time generate enough sales tax revenue to reimburse the County for its tax revenue loss.
Discussion was held on the bills introduced in the N. C. House and Senate to provide tax relief
to elderly citizens and the plan being used in Dare County to assist low-income senior citizens. County
Manager O’Neal reported that if a low-income senior citizen or disabled citizen qualifies for the State
homestead exemption of $20,000, Dare County automatically qualifies them for an additional $14,000
exemption The $14,000 is paid from county funds. This gives the qualifying citizen a $34,000
exemption. A plan of this type could be enacted on the local level and funded by additional revenue
from the local option one-cent sales tax.
Vice-Chairman Greer suggested pulling the resolutions adopted in the past requesting a local
option sales tax and showing them to the Board of Education to see if an agreement can be reached.
With the pressure being exerted on the General Assembly by all local governments, it might be possible
to receive approval of a one-cent local option sales tax for New Hanover County if the Commissioners
and Board of Education are in agreement for specific uses of the revenue generated.
After a lengthy deliberation, the Board agreed to authorize the Chairman to discuss the two
resolutions with the Chairman of the Board of Education and prepare an agreed upon resolution so
it can be discussed with the local legislators during Legislative Weekend being held in Wilmington on
April 27-29, 2001.
Discussion of Billboards and Signs in the Special Highway Overlay District for the Highway 17
By-Pass
Commissioner Caster requested County Manager O’Neal to present some information to the
Board on the recommendation of the Planning Director regarding prohibiting billboards and signs
along the Special Highway Overlay District for the Highway 17 By-Pass.
County Attorney Copley advised that discussion would be held on this item at the regular
meeting of the Board scheduled for May 7, 2001.
Discussion of Televising Meetings of the New Hanover County Board of Commissioners
Commissioner Caster asked when the policy for televising meetings would be presented to the
Board.
County Manager O’Neal responded that the policy would be placed on the May 7, 2001
agenda.
Chairman Davis asked when the first meeting would be televised.
Public Information Officer Mark Boyer advised that the bid package was mailed Thursday and
proposals should be received in two weeks. Once the proposals are received, a date can be
determined; however, the major issue will be if the equipment required is readily available.
Discussion of Future Plans for the Website
Commissioner Caster requested the County Manager to present a briefing on future plans for
the County website. He stressed the importance of staying ahead of the curve with current
technology.
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REGULAR MEETING, APRIL 16, 2001 PAGE 553
County Manager O’Neal responded that a tremendous amount of work goes on daily in the
IT Department regarding connectivity and making the website more user friendly for the public. He
advised that a status report would be presented at the next meeting.
Commissioner Caster requested Public Information Officer Mark Boyer to have a separate
presentation on the County website at the Public Information Day at Westfield Mall.
Discussion of the Bill Introduced by Representative McComas Regarding Projects Not
Sponsored by the U. S. Army Corps of Engineers
County Attorney Copley referenced the memorandum sent to the Board about the bill
introduced by Representative McComas and the possible impact of this bill on the Mason Inlet Project.
She explained that the McComas bill would require a project not sponsored by the Corps of Engineers
to receive concurrence of all beach communities. If the County becomes involved with maintenance
of the Intracoastal Waterway associated with the Mason Inlet Project, this bill will require approval
by the beach communities. She requested any Commissioner opposed to the bill to contact
Representative McComas as soon as possible.
ADJOURNMENT
Chairman Davis called for a motion to adjourn.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 12:45 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board