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1998-08-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 630 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 17, 1998, at 9:00 a.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Vice- Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Commissioner Howell was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items or comments were received. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer recommended discussion of Items 10, 11, and 12. He requested removal of Item 13 for further discussion at the regular meeting of September 8, 1998. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove Consent Agenda Items 10, 11, and 12 for further discussion, and to withdraw Item 13 from the Consent Agenda with review of this item on September 8, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingJuly 13, 1998 Special MeetingJune 29, 1998 Special MeetingJuly 28, 1998 Work SessionJuly 27, 1998 Release of Value - Tax Department The Commissioners released the following certification penalty since the taxpayer listed on time in another county: Robert Irwin Snyder$100 The Commissioners granted the following Senior Citizen/Disability Exclusion Applications. Letters explaining the late filing are available in the Tax Department upon request. David Geneva Age$20,000 Helen M. Bowen$20,000 Doris M. Coty$20,000 The Commissioners approved the following delinquent application for exemption from the property tax for the following organization. The application and letter explaining the late filing are available in the Tax Department upon request. Winter Park Baptist ChurchRO5519-027-004-00 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 631 Acceptance of Tax Collection Reports Through July 31, 1998 The Commissioners accepted the following Tax Collection Reports through July 31, 1998 as presented by the Collector of Revenue, Patricia J. Raynor: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 28. Approval of New Deputy Position in the Sheriff’s Department to Assist with ABC Activities and Approval of Associated Budget Amendment #99-0016 The Commissioners approved an additional Deputy position, and the associated budget amendment, in the Sheriff’s Department to assist with ABC activities. The additional officer was needed due to the increase in the number of Liquor-by-the-Drink outlets from 45 to 196 since 1996. New Hanover County receives approximately $100,000 per year from the ABC Board for law enforcement activities. Budget Amendment #99-0016 - Finance & Sheriff/Administration DebitCredit Finance ABC - Distribution of Profits$12,767 Sheriff/Administration ABC Fees$14,000 Salary and Wages$18,128 FICA 1,387 Retirement - LGERS 897 Retirement -401K 906 Medical Insurance 2,949 Departmental Supplies 2,500 Adoption of Resolution to Dispose of Minolta Copier from the Information Technology Department as a Trade-in on the Purchase of a Digital Printer/Copier The Commissioners adopted a resolution to dispose of a Minolta copier from the Information Technology Department as a $1,200 trade-in on the purchase of a new digital printer/copier by the Xerox Corporation. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 28. Approval of Contract for Professional Services with the University of North Carolina at Wilmington (UNCW) for Continuation of the Tidal Creek Water Quality Studies The Commissioners approved a contract with UNCW for continuation of the water quality studies in the major estuarine creeks. The study will focus on the following items: (1) develop an understanding of water quality in the tidal creeks; (2) identify sources of pollution; and (3) provide recommendations for management strategies. Studies were initiated in 1993 to provide objective, scientific data that can be used in development of the Land Use Plan Update, watershed management plans, and mitigation efforts. The study has already provided important data that has been used to begin pollution mitigation efforts on Futch Creek, Howe Creek, and Hewlett’s Creek. The County Manager was authorized to execute the necessary contract documents. Adoption of Resolution for Establishment of a Fund Balance Policy - Finance Department The Commissioners adopted a resolution to charge the Finance Director with the following duties: (1) maintain an available fund balance in the General Fund in an amount no less than 8 percent (or one month) of General Fund budget at the end of each fiscal year; and (2) formally NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 632 establish the goal of maintaining an available fund balance in the General Fund in an amount of 16.67 percent (two months) of the General Fund budget at the end of each fiscal year. The independent auditor for the County shall monitor the County’s compliance with the established Fund Balance Policy. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 28. Authorization for Cape Fear Museum to Dispose of Deaccessioned Objects Through an Auction Sale The Commissioners authorized the disposal of deaccessioned objects as presented on the list submitted by the Cape Fear Museum. The County Manager was authorized to execute the necessary contracts and agreements. Approval of Budget Amendment #99-0012 - Fire Services/Fire Departments The Commissioners approved the following budget amendment to fund a confined space rescue team to be operated by the County Fire Service. A number of industries joined in a private- public venture to fund the team with the primary coordinator being Rick Trotta, an employee with Takeda Chemical. This team will allow the County Fire Service to perform technical confined space rescue in regulated confined spaces such as tanks, underground vaults, etc. A majority of the funding will come from the industries who will receive the most benefits from the program. Very little funding will be provided by New Hanover County. Budget Amendment #99-0012 - Fire Services/Fire Departments DebitCredit Contributions $22,000 Fire Fighting Supplies $10,000 Capital Equipment 12,000 Purpose: To budget contributions for confined space rescue project. APPROVAL OF CONSENT AGENDA ITEMS 10 AND 11, Budget Amendment #99-0018 and Budget Amendment #99-0019 - Various Departments Chairman Greer requested an explanation of the difference between Budget Amendment 10 and 11. Deputy County Manager Atkinson explained the purpose of Budget Amendment 10 was to rollover FY 1997-98 expenditures that were not paid during that year into the FY 1998-99 Budget. Budget Amendment 11 represents outstanding purchase orders that were issued but not expended as of June 30, 1998. A budget amendment is needed to budget appropriated fund balance in the FY 1998-99 Budget. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve Budget Amendment #99-0018 and #99-0019. Upon vote, the MOTION CARRIED by a 4-0 vote. Budget Amendment #99-0018 - Various DebitCredit General Fund Appropriated Fund Balance $601,196 Information Technology Capital Outlay$ 25,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 633 (Budget Amendment #99-0018 continued)Debit Credit Vehicle Management Other Improvements$ 3,800 Property Management Building$ 80,000 Board of Elections Capital Outlay - Equipment$265,000 Clerk of Court Maintenance and Repair$ 1,000 Miscellaneous 1,000 Capital Outlay - Equipment 3,700 Emergency Management Contracted Services$ 23,760 Emergency Medical Services Insurance$ 37,131 Inspections Maintenance and Repair-Equipment$ 20,000 Health/Administration Building$ 13,050 DSS Administration Capital Outlay$ 25,000 Good Friends Assistance Payments$ 11,985 Parks Other Improvements$ 90,770 Fire Service District Appropriated Fund Balance$122,550 Fire Departments Ogden Volunteer Fire Department$ 77,500 Other Improvements 12,050 Motor Vehicle Purchases 33,000 Environmental Management Fund Appropriated Fund Balance$470,000 Landfill Operations Contracted Services$230,000 Other Improvements 25,000 Capital Outlay - Equipment 80,000 WASTEC/Administration Other Improvements$ 75,000 Capital Outlay 60,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 634 Water and Sewer Fund Appropriated Fund Balance $ 20,875 Water and Sewer Finance Contracted Services $ 5,875 Water and Sewer Engineering Motor Vehicle Purchases $ 15,000 Purpose: To rollover the following expenditures from FY 1997-98 to FY 1998-99: General Fund: Information Technology - copier/fax, scanner printers for Lotus Notes system Vehicle Management - upgrade of generator and transformer Property Management - storage building Board of Elections - automation of voting process Clerk of Court - to refurbish the Jury Room Emergency Management - to contract for emergency generators Emergency Medical Services - insurance Inspections - modems for automated system Health/Administration - ramp DSS - Good Friends Program and Project Integrity Parks - Castle Hayne Park $80,000 and Hugh MacRae Nature Trail $10,770 Fire Service District: Fire Departments - Ogden substation, $77,500; renovations to existing Ogden Station, $12,050; and purchase of service truck for Wrightsboro, $33,000. Landfill Operations: Contracted Services - engineering design services for closure of Cell 3B, $120,000; design work for Cell 5, $110,000 (contract approved by the Board on 7/13/98); Other, improvements - installation of scales to be coordinated with the development of a construction/demolition processing facility, $25,000; Capital Outlay, irrigation system $15,000 and rapid sand filter, $65,000. WASTEC/Administration: Other Improvements - CEMDAS system replacement $65,000 (monitors gas exhaust for pollutants) and skiphoist braking system for No. 3 boiler, $10,000; Capital Outlay - activated carbon system (Boiler No. 3), $50,000 and public address systems, $10,000. Water and Sewer District Water and Sewer Finance - HTE accounts receivable system Water and Sewer Engineering - Truck NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 635 Budget Amendment #99-0019 - Various DebitCredit General Fund: Appropriated Fund Balance$1,023,232 Commissioners’ Office: Departmental Supplies$ 550 Finance Department: Department Supplies$ 775 Contracted Services 11,572 Capital Outlay - Equipment 11,763 Information Technology: Departmental Supplies$ 28,931 Capital Outlay - Equipment 11,250 Tax: Contracted Services$ 20,000 Board of Elections: Other Improvements$ 1,310 Property Management: Contracted Services$ 30,176 M&R - Buildings and Grounds 12,087 Engineering: Contracted Services$ 9,101 Sheriff/Administration: Travel, Meetings & Schools$ 15,600 Sheriff/911: Contracted Services$ 5,000 Sheriff/Jail: Capital Outlay - Equipment$ 15,772 Emergency Services/Hurricane Expense: Contracted Services$ 66,610 M & R - Equipment$ 47,861 Emergency Services: Capital Outlay - Equipment$ 144,258 Courts: Capital Outlay - Equipment$ 43,279 Inspections: Contracted Services$ 2,411 Capital Outlay - Equipment 80,227 Planning: Contracted Services$ 71,549 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 636 Debit Credit Cooperative Extension Service: Other Improvements$ 3,038 Capital Outlay - Equipment 16,934 Health/Environmental: Departmental Supplies$ 264 Health/Vector Control: Motor Vehicle Purchases$ 28,015 Health/Administration: Departmental Supplies$ 3,725 Building 59,720 DSS/Administration: Contracted Services$ 30,000 Other Improvements 96,600 Capital Outlay - Equipment 24,473 Library: Contracted Services$ 2,943 Parks: Contracted Services$ 3,000 Other Improvements 61,275 Motor Vehicle Purchases 46,049 Museum: Departmental Supplies$ 5,739 Other Improvements 2,475 Capital Outlay - Equipment 9,000 Fire Service District: Fire Departments: Appropriated Fund Balance$141,236 Fire Operations: Safety Equipment$ 6,691 Fire Departments: Motor Vehicle Purchases$ 134,545 Environmental Management Fund: Landfill Operations: Appropriated Fund Balance$310,356 Contracted Services$ 1,250 WASTEC/Administration: Contracted Services$ 16,134 Other Improvements 4,900 Capital Outlay - Equipment 165,313 WASTEC/Maintenance: M&R - Equipment$ 115,609 Recycling: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 637 Capital Outlay - Equipment$ 7,150 Water and Sewer Fund: Sewer Operating Fund: Appropriated Fund Balance $182,718 Water & Sewer Finance: Contracted Services$ 7,658 Water & Sewer Engineering: Contracted Services$ 35,061 Departmental Supplies 915 Capital Outlay - Equipment 18,068 Motor Vehicle Purchases 121,016 Purpose: To budget appropriated fund balance for outstanding purchase orders as of June 30, 1998. The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal year in which it is paid (adopted in the budget ordinances for FY 1998-99 dated June.) APPROVAL OF CONSENT AGENDA ITEM 12, REAPPOINTMENT OF ANTHONY W. RAYNOR TO SERVE AS THE EMS REPRESENTATIVE ON THE CHILD FATALITY PRESENTATION TEAM Vice-Chairman Greer spoke on the recent transfer of the EMS service to New Hanover Regional Center and he asked if the Board had authority to appoint an EMS representative since this agency was no longer a County Department. Ms. Janet McCumbee, a Child Health Director, advised that the Supervisor of EMS at New Hanover Regional Medical Center had recommended reappointment of Mr. Raynor to serve on the Child Fatality Team. However, to comply with State Statutes governing the appointment process, the County Commissioners are required to make this particular appointment. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint Anthony W. Raynor to serve as the EMS representative on the Child Fatality Prevention Team. Upon vote, the MOTION CARRIED by a 4 to 0 vote. RETIREMENT PLAQUE TO BE FORWARDED TO MS. DOROTHY C. GILLIS County Manager O’Neal announced that Ms. Dorothy C. Gillis, a Clerical Specialist in the New Hanover County Health Department, was unable to attend the meeting to receiver her retirement plaque because of an illness in the family. He informed the Board that the Human Resources Department would be sure she received the plaque. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following persons to step forward to receive services awards: Dorothy S. Myers, WASTEC5 years service Johnny L. Cain, N. C. Cooperative Extension5 years service Marilyn Roberts, Health Department5 years service Jamie R. Richter, Social Services5 years service Octavia M. Spicer, Social Services5 years service Jeanie L. Wade, Social Services5 years service Michael S. Winbar, Human Resources10 years service Arthur T. Wilkinson, Property Management10 years service Marie Y. Clarkson, Property Management10 years service Grady Hobbs, Inspections Department10 years service NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 638 David Wittenberg, Property Management10 years service Peggy Foose, Social Services10 years service Diane Holmes, Social Services10 years service Vickey Jacobs, Social Services10 years service LaWanda Jenkins, Social Services10 years service Angela Lewis, Social Services10 years service Judy Martin, Social Services10 years service Loretta Murphy, Social Services10 years service Jerome James, WASTEC15 years service Roosevelt Sidberry, WASTEC15 years service Bonnie L. Smithdeal, Social Services15 years service Jean Middleton, Aging Department15 years service Audrey W. Burgess, Property Management15 years service Barbara Berkemeier, Health Department20 years service F. W. Morris, Social Services20 years service Patricia J. Raynor, Tax Department25 years service Elizabeth Summey, Health Department30 years service Chairman Caster, on behalf of the Board, presented service awards to each employee and he expressed appreciation to them for their years of dedicated service. PRESENTATION OF “CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING” TO THE FINANCE DEPARTMENT County Manager O’Neal advised this was the 17th consecutive year that the Finance Department has received this award. He requested the Finance Director and Staff to step forward to receive the award. Chairman Caster, on behalf of the Board, presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director, Bruce Shell, and employees in the Finance Department. He complimented the Finance Department for bringing this honor to New Hanover County. A round of applause was given to the employees. PRESENTATION ON BUSINESS INCUBATOR PROGRAM Ms. Jackie Peoples, Executive Director of the Wilmington/New Hanover Community Development Corporation (CDC), reported this agency has operated two projects for the past four years, the Wilmington Business Center located in the Hilton Industrial Park, 511 Cornelius Harnett Drive, and an affordable housing program. The Wilmington Business Center, consisting of 18,000 square feet, began as the area’s first incubator in 1992-1993 with funding received from the federal government in the amount of $397,750 and additional funds raised by the group in the amount of $365,000. During this period of time, the incubator has been responsible for assisting and launching 34 new businesses which have provided 80 full-time permanent jobs. More than 50% of the new jobs have been filled by low income persons. The CDC Board feels another incubator would be beneficial to the area. If the Fox Holsum Bakery building located at 13th and Meares Streets can be purchased to house a second incubator, it is felt that businesses can be launched with more jobs created for low income persons. The CDC has submitted federal and state grant applications in the amount of $700,000 ($500,000 federal and $200,000 state) that should be awarded to the agency. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 639 The Fox Holsum Bakery building is located between two public housing developments: Hillcrest and Houston Moore Terrace. A primary difficulty for low income persons needing to work has been transportation. If the second incubator could be located in this building, a substantial number of jobs could be provided to low income persons from surrounding housing projects within walking distance. The City of Wilmington has appropriated funding in the amount of $150,000. New Hanover County is being requested to match this contribution. With a total sum of $1,000,000, the CDC will be able to purchase the Holsum Bakery building at a cost of $575,000. Renovations and repairs are expected to total $300,000 to $400,000. In closing, Ms. Peoples, stated the purpose for establishing an incubator is twofold: (1) to provide employment opportunities for low income persons and (2) to assist entrepreneurs with starting new businesses. If the Fox Holsum Bakery building is purchased, there will be no walls inside the facility. An open space concept will provide an opportunity for entrepreneurs to share desks and stations to reduce the monthly rental to $75 per month during the first six months of business. The CDC Board believes this incubator can be successful, and financial support from New Hanover County in the amount of $150,000 will make this project become a reality. Chairman Caster asked if the money contributed by the City was from a grant. Ms. Peoples responded the money was from a community development block grant in the amount of $50,000 over a three-year period. Commissioner Davis asked if any positive response to the grant applications had been received by CDC, and if the grants are awarded, will the funding be over a three-year period. Ms. Peoples responded the grant awards should be favorable because the Wilmington Business Center has been successful in launching new businesses and creating jobs for low income persons. All funding received is distributed over a three-year period. Discussion followed on community development block grant funding received by New Hanover County. County Manager O’Neal advised the unincorporated county receives a small amount of entitlement funding through community development block grant funding based upon population, income, and housing. If the Board decides to approve the funding request for CDC, the money should be appropriated from the general fund. Consensus: After discussion of more time to review funding sources, it was the consensus of the Board to direct the County Manager to prepare a report on funding options and place this item on the agenda for September 8, 1998. ITEM WITHDRAWN SINCE MR. ROBERT C. MASSENGILL WAS NOT PRESENT TO DISCUSS CONCERNS ABOUT THE WATER AND SEWER BILLING PROCEDURE ON RENTAL PROPERTY County Manager O’Neal informed the Board that Mr. Massengill was not present. He encouraged the Board to allow the water and sewer billing procedure to remain in place to avoid time-consuming policies that will have to be implemented by the Finance Department. No action was taken. CONSIDERATION OF RESOLUTION TO OPPOSE RELOCATION OF HIGH POINT TREATMENT PLANT DISCHARGE Mr. Kurt Taube, Executive Director of the Lower Cape Fear Water and Sewer Authority, requested the Board of County Commissioners to adopt a resolution opposing the relocation of a treatment plant discharge that would negatively impact waters below Randleman Lake on the Deep River in Randolph County because of the following reasons: ? Too much phosphorus in the discharge route if the location is moved. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 640 ? The EPA recommends that a lake-wide average of chlorophyll at concentration of less than 25 ug/1 and cholorphyll at a concentration of less than 15 ug/1 at the water supply intake be attained. Modeling studies show that Randleman Lake will meet these goals. ? Moving the High Point Treatment Plant discharge around Randleman Lake is estimated to cost $28.8 million. Vice-Chairman Greer asked if this was political question. Mr. Taube advised this was a political issue; however, the water quality in the Cape Fear River must be protected downstream. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution opposing the relocation of the High Point Wastewater Treatment Plant discharge from Richland Creek in Guilford County. Upon vote, the MOTION CARRIED by 4 to 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 28. DISCUSSION OF POSSIBLE ACQUISITION OF LOTS IN GREENVIEW RANCHES Background information on the acquisition of lots without clear titles in Greenview Ranches was presented by Vice-Chairman Greer. A large portion of the lots are useless because they cannot be sold without a clear title. Since there is a need to find tracts of land to construct schools and parks, discussion has been held on condemning these lots and paying a fair price to the property owners. County Attorney Copley spoke on the time involved with trying to contact 350 property owners that live across the country. A suggestion was made to divide the property into sections, so the Legal Department could begin the arduous task of title searches, locating heirs, and condemnations. The first step would be to write letters to the property owners to see if they are interested in voluntarily selling their property. The next step would be to perform an environmental assessment. Finally, a person would be needed to serve as the negotiator for the price of the lots. County Attorney Copley advised that Deputy County Manager Atkinson had graciously volunteered to serve as the negotiator. A lengthy discussion followed on the use of the property. County Manager O’Neal advised the property would be ideal for development of a joint park/school complex in the northern end of the county. The Eaton Elementary School is full, and this area continues to grow. With the size of the property, a smaller version of the Pilot’s Ridge school/park complex could be developed. Also, the land could be used to serve as a large conservation area for future well fields. Mr. Eddie Anderson, Director of School Facilities, spoke on the growth in the Murrayville Road area, and he advised new schools will be needed in the northern part of the county. He offered to discuss this issue with the Superintendent of Schools and the Board of Education. County Manager O’Neal recommended calling a meeting between administrative officials of the County, New Hanover County School System, and N. C. Department of Transportation to determine if the land can be used for a school site. Chairman Caster asked if anyone from the public would like to comment. Mr. Michael Allen, Pastor of the Middle Sound Community Church, reported the church was looking at the possibility of obtaining Lot 63 at the corner of Plantation and Deerfield Roads in Greenview Ranches. He informed the Board that he and his wife owned the lot, and the church was interested in constructing a new church on the site. If the County decides to use or develop the property in the back of Greenview Ranches, this action would benefit the entire neighborhood by NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 641 providing access to the remaining properties. However, recent discussion about condemning vacant lots is of great concern to him and other property owners. Mr. Reggie Lewis, representing the residents of Greenview Ranches, asked if the County plans to condemn property with existing homes that persons have lived in for 15 years. Vice-Chairman Greer advised the intent was not to displace any homeowners. With the shortage of land in New Hanover County, this unused property would be an ideal way to provide a school site or park for this area of the county. County Attorney Copley assured the residents of Greenview Ranches that no existing homes would be condemned if the County decides to purchase the land. Mr. Phil Triece, owner of Triece & Company, cautioned the Board about contacting existing property owners before a wetlands study has been performed. He suggested identifying the usable areas before proceeding with contacting property owners. Consensus: After further discussion, it was the consensus of the Board for the County Manager to meet with members of the School Administrative Staff, the County Attorney, the County Parks Director, and the County Engineer to discuss the possible use of lots in Greenview Ranches. A report is to be prepared and presented to the Board at a later date. DISSOLUTION OF THE NORTHCHASE DRAINAGE BOARD County Engineer, Wyatt Blanchard, reported on March 10, 1997, the Board of County Commissioners appointed a Drainage Board pursuant to NCGS 156-32 in response to homeowners that were experiencing drainage problems in NorthChase. He advised this Board had completed its task and was no longer needed. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to dissolve the NorthChase Drainage Board. Upon vote, the MOTION CARRIED by a 4 to 0 vote. REAPPOINTMENT OF PATRICIA J. RAYNOR AS TAX COLLECTOR OF REVENUE FOR NEW HANOVER COUNTY County Manager O’Neal reported pursuant to NCGS 105-349, the Board of County Commissioners must reappoint the Tax Collector of Revenue. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint Patricia J. Raynor to serve as Tax Collector of Revenue for New Hanover County for a period of one year. Upon vote, the MOTION CARRIED by a 4 to 0 vote. ACCEPTANCE OF COLLECTION SETTLEMENT AND CHARGES OF 1998 LEVY Tax Administrator, Roland Register, reported pursuant to NCGS 105-347 and 105-349, the Settlement of the 1997 Levy and Charges for 1998 must be made by the Board of County Commissioners. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to accept the 1997 Collection Settlement, and charge Patricia J. Raynor as the Collector of Revenue with the collection of the 1998 levy. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Vice-Chairman Greer expressed appreciation to Ms. Raynor and staff for the outstanding job performed in collecting taxes. A copy of the Charge Order and Collection Settlement Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 28. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 642 COMMITTEE APPOINTMENTS Reappointment of Carl Ricky Glover to Serve on the New Hanover County Board of Mechanical Examiners Chairman Caster announced there was one vacancy on the Board of Mechanical Examiners. He advised that one application had been received in the name of Mr. Carl Ricky Glover, who desires to be reappointed. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint Carl Ricky Glover to serve a two-year term on the Board of Mechanical Examiners. The term will expire August 31, 2000. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Appointment of Trude Rennick to Serve an Unexpired Term on the Commission for Women Chairman Caster announced that Rosemarie Gabriele had resigned from the Commission for Women. One application has been received to fill the unexpired term in the name of Trude Rennick. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to appoint Trude Rennick to fill the unexpired term of Rosemarie Gabriele to expire May 31, 1999. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Appointment to Joanne Nottingham to Fill the Unexpired Term on the Cape Fear Museum Board of Trustees Chairman Caster announced that Dr. John Haley had resigned from the Museum Board of Trustees. He advised that seven applications had been received to fill the unexpired term. Commissioner Davis advised that Mr. Allen Strange requested that his application be removed from consideration because he has become involved with other activities. Commissioner Davis also requested the Board to postpone this appointment until the next meeting in order to allow a very qualified person to apply. After discussion of whether the Clerk would have to re-advertise the vacancy, Vice-Chairman Greer said he felt the Board should move forward with selecting a candidate from the persons who have applied. He commented on the need to appoint a minority representative to serve on the Museum Board of Trustees, and he informed the Board that Joanne Nottingham, a professor at UNCW, was a very qualified candidate. Chairman Caster opened the floor to receive nominations. Vice-Chairman Greer nominated Joanne Nottingham. The nomination was seconded by Chairman Caster. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board voted 3 to 1 to appoint Joanne Nottingham to fill the unexpired term on the Cape Fear Museum Board of Trustees. The term will expire June 30, 2000. Commissioner Davis voted in opposition. Reappointment of Ed Higgins and Wanda Coston to Serve on the Wilmington Housing Finance and Development, Inc. Board of Directors Chairman Caster reported that Ed Higgins and Wanda Coston were eligible to be reappointed to serve on the Wilmington Housing Finance and Development, Inc. Board. Both applicants desire to be reappointed. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to reappoint Ed Higgins and Wanda Coston to serve on the Wilmington Housing Finance and Development, Inc. Board of Directors for a 3 year term to expire July 1, 2001. Upon vote, the MOTION CARRIED by a 4 to 0 vote. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 643 BREAK Chairman Caster called a break from 10:20 a.m. until 10:40 a.m. ADDITIONAL ITEMS Discussion of North Carolina Land Trust Chairman Caster informed the Board that last Tuesday, Attorney Camilla Herlevich, spoke at the Rotary Club about the N. C. Coastal Land Trust. Since he needed to learn more about the preservation of valuable natural resources through this agency, he asked Ms. Herlevich to meet with me to further discuss the program. He invited the other Commissioners interested in this program to attend the meeting once a date and time have been established. County Manager O’Neal suggested holding a Work Session to discuss the application forwarded to the N. C. Clean Water Management Trust Fund for the potential purchase of Airlie Gardens. Since a staff meeting will be held on September 3, 1998, the Work Session could be scheduled at 10:00 a.m. Consensus: It was the consensus of the Board to scheduled a Work Session on September 3, 1998, at 10:00 a.m. Discussion of Public Notice for the Joint Meeting Between the City and County Scheduled for August 18, 1998 Chairman Caster reported that discussion had occurred with Mayor Hicks during the past week about the wording in the public notice for the joint City/County meeting to be held on August 18, 1998, at 4:30 p.m. in the City Hall First Floor Conference Room. Chairman Caster said after reading the minutes of the joint meeting held on July 28, 1998, he determined the purpose of the meeting should be to consider the joint acquisition of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. water systems and the formation of a unified water and sewer utility. Mayor Hicks felt the purpose of the meeting should be to discuss the water systems. The Board agreed with Chairman Caster and noted that unification of water and sewer services would be discussed at the meeting. CONSIDERATION OF OFFER TO PURCHASE CAPE FEAR UTILITIES, INC. AND QUALITY WATER SYSTEMS, INC. Mr. Ken Shanklin, the attorney representing Cape Fear Utilities, Inc. and Quality Water Systems, Inc., requested the Board to adopt the resolution in the agenda packet for the County to proceed with a formal offer to purchase the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. The resolution is needed to transfer the stock to the trust. An application must be filed with the N. C. Utilities Commission. Once the transfer of the stock and trust is approved by the Commission, the trust will appoint an independent trustee to negotiate the contract to sell the system. The trustee will be Mr. Gary Trawick, a former Superior Court Judge. Attorney Shanklin offered to answer any questions about the contract. Commissioner Davis expressed concerning for proceeding with an offer before the joint meeting was held between the City and County. He asked if the offer could be changed at a later date. Attorney Shanklin advised the trustee would be responsible for negotiating and accepting the offer. All parties involved recognize the appraisal must justify the price. At this point, the County is making a proposal to allow the attorneys to move forward with preparing the documentation necessary to file the application with the Utilities Commission. Once approval is received from the Utilities Commission, the stock will be transferred into the trust, which is an irrevocable act. The NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 644 trustee then becomes responsible for carrying out all duties designated. The final call will be made by the trustee. IRS is in the process of changing regulations regarding establishment of this type of trust, and once their final regulations are published, there will be a 30 day period to finalize the contract. Commissioner Davis, again, expressed concern for proceeding with an offer before meeting with the City Council. He asked the County Attorney if action can be taken at the joint meeting scheduled with the City of Wilmington. County Attorney Copley responded that action can be taken at a Special Meeting. She advised the City has concern for the price being offered, which could create a problem with jointly adopting a resolution to purchase the water systems. Commissioner Birzenieks asked if the County could adopt the resolution after the joint meeting with the City in case no agreement can be reached. Chairman Caster suggested recessing this meeting and continuing it after the joint meeting with the City of Wilmington. Attorney Shanklin advised he would be present at the joint meeting scheduled on Tuesday, August 18, 1998. Chairman Caster asked Attorney Shanklin if the City and County decide to jointly purchase the systems, what actions will be required. Attorney Shanklin responded the resolution would have to be amended to show that both governmental entities are purchasing the water systems. Chairman Caster asked Attorney Shanklin if the City should decide to join in the purchase within the next week, would this be a problem. Attorney Shanklin responded the City can become a joint partner a week later without any problem. However, a resolution with an offer to acquire the water systems at a stipulated price is needed to begin the process of forming the trust. Approval must be received from the Utilities Commission, the assets of the company that will not be sold must be removed, and core entities that will constitute the assets must be developed and placed into the trust. These transactions will require at least 30 days. Chairman Caster commented on Paragraph N which states the County’s obligation to purchase is expressly contingent upon an evaluation by Hartman & Associates, Inc. supporting the valuation of $22,000,000, and he asked what will occur if this appraisal does not support the figures presented by Dawson Engineering. Attorney Shanklin responded by this time the trust will be created; therefore, the trustee will have to negotiate the final sale price. Commissioner Davis asked what would occur if the appraisal price by Hartman & Associates, Inc. was higher than $22,000,000. Attorney Shanklin responded the $22,000,000 would remain as offered. The owners are not interested in receiving more money for the system. They desire to establish the trust so contributions can be made to various entities in the community. A lengthy discussion was held on both trusts having to suffer adverse income tax consequences. Attorney Shanklin advised both the trust and entity purchasing the system will have to comply to the private letter of ruling request to avoid the imposition of income tax. Regardless of what happens in the future, the County will receive the $10 million. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 645 Further discussion was held on the list of assets that will have to be removed from the trust. Vice-Chairman Greer requested an explanation on the assets that are not listed but are being removed. Attorney Shanklin stated he would be glad to provide the Commissioners with a copy of the documents that will be filed with the Utilities Commission. This list will show all assets that are being removed from the corporation. Vice-Chairman Greer asked if the County would need any of the assets that are going to be removed from the corporation to operate the water systems. Attorney Shanklin responded the Masonboro Utilities promissory note, cash on hand, a promissory note for the sale of old sewer equipment, and tracts of land titled in Cape Fear Utilities will be removed from the corporation. For example, the 27-acre tract in Millbrook Subdivision that was used as the old sewer plant will be removed from the corporation. All of the assets removed were not included in the Dawson Engineering appraisal. Commissioner Davis requested a list of the assets that will be removed from the corporation before the joint meeting with the City Council. Attorney Shanklin responded that a list would be provided tomorrow morning. Vice-Chairman Greer encouraged the Board to render a decision after the meeting with the City if an agreement cannot be reached. A recommendation was made by County Attorney Copley to recess the meeting and continue the meeting to August 18, 1998 after the joint meeting with the City of Wilmington. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:34 a.m. to hold a meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:45 a.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Report on Activities of New Hanover Regional Medical Center Commissioner Birzenieks, the Board’s representative on the New Hanover Regional Medical Center Board of Trustees, reported the Executive Finance Committee will vote on the proposed budget for the hospital within the next week. Copies of the proposed budget will be presented to the Board of County Commissioners. The Commissioners were requested to review the document and contact him about any concerns. He reported the Chairman of the Executive Finance Committee would make a presentation on the budget at the September 8, 1998 meeting. Commissioner Birzenieks informed the Board that tomorrow morning there will be a meeting among hospital representatives, the County Attorney, and County Finance Director to discuss the acquisition of Cape Fear Memorial Hospital. The purpose of the meeting is to be sure that ownership issues are properly addressed and the bond financing options are understood. He recommended holding a Work Session with the New Hanover Regional Medical Center Board of Trustees to discuss the acquisition. The Commissioners concurred with the recommendation. Commissioner Birzenieks advised that he would be meeting with the External Affairs Committee today to develop a strategy to better publicize the persons serving on the Medical Center Board of Trustees. He asked if the Commissioners concurred with this recommendation. The Commissioners concurred with the recommendation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 17, 1998PAGE 646 Installation of Vice-Chairman Greer as President of the N. C. Association of County Commissioners Vice-Chairman Greer expressed appreciation to the members of the Board and Administrative Staff for the support demonstrated at the Annual Conference held in Charlotte, North Carolina, when he was installed President of the N. C. Association of County Commissioners. Commissioner Birzenieks congratulated Vice-Chairman Greer for bringing this honor to New Hanover County, and he stated the event was enjoyed by all. Reminder of Visit by Secretary of Transportation E. Norris Tolson Chairman Caster reminded the Board of the visit and lunch scheduled for Secretary Tolson on Friday, August 21, 1998, at 12:00 noon in the Assembly Room of the New Hanover County Courthouse. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Rezoning Library Site on the Military Cut-Off Road County Manager O’Neal informed the Board that in order to rezone the library site on Military Cut-Off Road, the Board would have to direct staff to prepare a rezoning petition. Consensus: After discussion, it was the consensus of the Board to direct the County Manager to place this item on the agenda for September 8, 1998. MEETING RECESSED TO BE CONTINUED ON AUGUST 18, 1998 Chairman Caster requested a motion to recess the meeting until August 18, 1998, after the joint meeting with the City Council. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to recess the meeting until Tuesday, August 18, 1998, after the joint meeting with the City Council to act on Regular Agenda Item 14. Upon vote, the MOTION CARRIED 4 to 0. Chairman Caster recessed the meeting at 12:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board