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1997-01-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 783 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 21, 1997, 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: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Evangelist James Pollard, of Bethesda Christian Life Church, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Request for Removal of Rodney Q. Harris from the New Hanover County Planning Board Mr. Steve Vosnock, a life time resident of New Hanover County, spoke in opposition to the recent appointment of Rodney Harris to the New Hanover County Planning Board because Mr. Harris is Vice- President and General Manager of Dallas Harris, Inc., a large development company. He asked how Mr. Harris could serve on the Planning Board and make decisions relative to protecting the quality of life in New Hanover County when Dallas Harris, Inc. has been cited for numerous violations to the Clean Water Act and wetland regulations. Letters from the U. S. Corps of Engineers were read regarding the abuse of wetland regulations, and the Board was requested to remove Mr. Harris from the Planning Board because of the potential for a conflict of interest. Chairman Greer responded the Board had voted to appoint Mr. Harris to serve on the Planning Board and advised that he would not consider removing him at this time. He asked if any other members of the Board would like to comment. No other comments were received and no action was taken by the Board. Approval for Sale of Surplus Property Adjacent to the Department of Social Services Mr. Larry Sneeden, representing Andrew & Kuske Engineers, advised that two weeks ago, the Board considered an offer by Mr. Russell Gay and South Point Builders, to purchase a strip of land adjacent to the Department of Social Services Building that was received by the County from the closure of Primrose Street by the City of Wilmington. Action was deferred at that meeting to see if a design could be worked out between the County and Mr. Gay for development of the property. Since that time sketches have been prepared to show how the property would be developed, which will include ten (10) additional parking spaces for the Department of Social Services. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 784 Mr. Sneeden presented a copy of the sketches to the Board and requested acceptance of the offer from Mr. Gay for purchase of the property at $19,500 including the additional parking spaces for the Department of Social Services. Deputy County Manager, Andrew J. Atkinson, advised the offer would have to be advertised through the upset bid process for two weeks before the purchase could be finalized. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to accept the offer of purchase from Mr. Russell Gay in the amount of $19,500; accept the proposed design of the property which includes ten (10) additional parking spaces to the Department of Social Services; and authorize Staff to provide with advertising the purchase through upset bid process. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Letter Received from Concerned Citizens of the Middle Sound/Ogden Area Commissioner Davis reported on the letter received from the Concerned Citizens of the Middle Sound/Ogden area to reconsider the Special Use Permit granted to Bell South for erecting a 180 foot monopole tower. He asked the County Attorney if there was a policy in place to reconsider action of this type? County Attorney Copley advised a typographical error was made by the Planning Staff regarding the height of the tower; however, the application submitted by Bell South was for erection of a 180 foot monopole tower, not a 150 foot tower as listed in the agenda information. She stated once the Board grants a Special Use Permit based upon the evidence presented and findings of fact concluding that the four general requirements have been made, the Board should not reconsider action unless evidence could be presented showing that a material fact had not been provided by the petitioner. In this case, the problem was a typographical error. Chairman Greer reported the Special Use process was different from other zoning matters since all persons presenting testimony were under sworn oath and were required by law to present factual information. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Item 8 and 10-B for further discussion. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve the items on the Consent Agenda with removal of Items 8 and 10-B for further discussion. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of January 6, 1997 as presented by the Clerk to the Board. Approval of Tax Collection Reports Through December 31, 1996 The Commissioners accepted the following Tax Collection Reports through December 31, 1996, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 33. Approval of Release of Value - Tax Department The Commissioners approved release of a late listing penalty NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 785 to AEL Leasing Company, Inc. in the amount of $313.66 since the taxpayer listed on time in another county. The Commissioners granted Senior Citizen/Disability exclusions to the following taxpayers. Applications and letters explaining the late filing are available in the Tax Department upon request: Edith P. Etal Davis$15,000 Phoebe Davis$15,000 Iris Marie Owens$15,000 Norman R. Smith$15,000 Arlene E. Starinsky$15,000 Adoption of a Resolution Adding Roymac Drive to the State Highway System The Commissioners adopted a resolution to add Roymac Drive to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. Disqualification of Use-Value - River Road Development & B.B. Cameron, Etal. R07000-006-009-000 1303.44 Acres Based upon a review by the Assistant County Attorney and the Tax Administrator, the Commissioners accepted the taxpayer's omissions as immaterial irregularity on the part of the owners, and allowed the use value to go uninterrupted for 1996 and prior years up to the statutory limitation of ten years. Approval of Grant to Establish a Domestic Violence Unit in New Hanover County and Approval of Associated Budget Amendment #97-0104 The Commissioners authorized acceptance of a federal grant in the amount of $134,833 by the Governor's Crime Commission to establish a Domestic Violence Unit in New Hanover County; authorized the County Manager to execute the grant documents; and approved the associated Budget Amendment as listed below. The Unit will consist of an Assistant District Attorney, a New Hanover County Detective and a Wilmington City Police Officer. The current grant period is from January 1, 1997 through December 31, 1997. The matching requirement is $44,944 comprised of a $35,943 County in-kind match, $4,501 contribution by the City, and the remaining funds from the Sheriff's budget. The Commissioners also approved filing an application to the Governor's Crime Commission to reapply for the grant from January 1, 1998 through December 31, 1998, with authorization for the County Manager to accept the grant documents contingent upon no significant changes. Budget Amendment #97-0104 - District Attorney - Domestic Violence Unit Debit Credit District Attorney Domestic Violence Unit Domestic Violence Unit Grant $134,834 City Contribution 4,501 Transfer from Sheriff's Budget 4,501 Salaries $30,158 FICA 1,933 Retirement 1,248 Medical Insurance 3,166 Life Insurance 300 401K 1,264 Contract Services 76,155 Telephone 1,118 Beepers and Pagers 1,950 Supplies 10,009 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 786 Travel 8,650 Capital Outlay 7,885 Purpose: To establish a budget for a grant awarded to the District Attorney's Domestic Violence Unit. Approval of a Computer Support Specialist Position for the MIS Department The Commissioners approved a new Computer Support Specialist position at Grade 188 as requested by the MIS Department so more support can be provided to County computer users. Acceptance of the Report of Disposals of Personal Property for the Period of July 1, 1996 through December 31, 1996 The Commissioners accepted a Report of Disposals of Personal Property in accordance with NCGS 160A-266(c) for the period of July 1, 1996 through December 31, 1996 as presented by the Finance Director. A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. Approval of Budget Amendment #97-19 - Controlled Substance Tax - Sheriff's Department The Commissioners approved the following Budget Amendment: 97-19 Controlled Substance Tax Debit Credit Controlled Substance Tax Capital Project Controlled Substance Tax $5,664 Supplies $5,664 Purpose: To increase the budget for additional revenue received on January 3, 1997. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #97-0107 - Health/Project Assist The Commissioners approved the following budget amendment: #97-0107DebitCredit Health/Project Assist Project Assist $8,326 Contribution $2,500 Advertising $ 300 Contracted Services 200 Postage 500 Printing 4,000 Departmental Supplies 2,226 Miscellaneous 1,400 Training & Travel 2,000 Volunteers' Mileage 200 Purpose: To budget additional Project Assist funding of $8,326 and contributions of $2,500 for the "Commit to Quit" Program. Approval of Budget Amendment #97-0096 - Various Departments The Commissioners approved the following budget amendment: AdjustmentDebitCredit Various Departments Budget Training & Travel $1,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 787 County Manager Training & Travel $1,000 Engineering Capital Outlay - Equipment $6,000 Finance Postage $1,000 Human Resources Training & Travel $ 500 Legal Contracted Services $2,000 MIS Contracted Services $15,000 Print Shop Departmental Supplies $ 2,000 Tax Contracted Services $ 2,000 Emergency Management Advertising $ 180 Contracted Services 250 Telephone 4,000 Printing 500 Departmental Supplies 700 Employee Reimbursement 250 Emergency Medical Services Departmental Supplies $ 5,000 Human Relations Beepers & Pagers $ 30 Departmental Supplies 355 Dues & Subscriptions 245 Printing 355 Postage 213 Library Salary & Wages $10,000 Printing 3,000 Departmental Supplies 1,000 Contracted Services 4,000 Postage 3,000 Maintenance & Repair - Building 3,000 Aging/Senior Center Training & Travel $ 500 Aging/Senior Link Information & Referral Postage $ 150 Departmental Supplies 250 Aging/In Home Aid Printing $ 100 Museum Equipment Rent $ 1,000 Contracted Services 7,300 Printing 6,100 Departmental Supplies 1,600 Training & Travel 2,000 Museum/Dinamation Temporary Salaries $ 1,670 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 788 FICA 128 Equipment Rent 300 Contracted Services 4,539 Planning Contracted Services $10,000 Sheriff/Jail Salaries & Wages $47,318 Parks Temporary Salaries $ 9,600 Contracted Services 2,000 Departmental Supplies 3,000 Health/Child Health Services Title XIX Fees $24,350 Health/Epidemiology IAP - State $ 6,000 Health/Family Planning Title XIX Fees $ 5,000 Health/Environmental Health Temporary Salaries $ 3,000 Health/Laboratory Departmental Supplies $ 1,000 Health/Nutrition Dues & Subscriptions $ 100 Training & Travel 400 Health/Personal Health Departmental Supplies $ 1,000 Training & Travel 1,000 Health/Dental Departmental Supplies $ 100 Health/Risk Reduction/ Injury Prevention Departmental Supplies $ 200 Health/Health Education Departmental Supplies $ 200 Commissioners' Office Appropriated Fund Balance $206,483 Purpose: To reduce the operating budget by $171,133 as identified by the departments and to budget $35,350 in greater than anticipated revenues for the Health Department. Adoption of a Resolution Authorizing the County Manager to Enter Into an Agreement With the North Carolina Department of Transportation The Commissioners adopted a resolution, designating County Manager O'Neal as the authorized official to sign agreements accepting financial assistance from the N. C. Department of Transportation for the New Hanover County Human Services Transportation System and provide any assurances or certifications required. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 789 APPROVAL OF CONSENT AGENDA ITEM 8, EXTENSION OF RENTAL PROGRAM FOR THE 800MMHZ RADIO SYSTEM AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #97-0090 Chairman Greer requested an explanation of the annual rental charge for this program and stated the agenda information referred to only $18,000, which was not the true cost. Director of Emergency Management, Dan Summers, responded the rental program had been on-going for a period of time; however, due to funds remaining in the account, only $18,000 was required to extend the rental program. Chairman Greer, again, requested the total cost of the program. County Manager O'Neal responded the lease was for a period of 24 months at a cost of $112,776. Commissioner Birzenieks inquired as to whether the County had negotiated a straight lease or lease purchase, and asked if a lease purchase had been considered? County Manager O'Neal responded Staff reviewed the possibility of a lease purchase agreement but felt a straight lease was more beneficial because of rapid changes occurring in the communications technology. Motion: Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the rental program for 24 months at a cost of $4,699 per month for the 800MHZ Radio System and approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #97-0090 - Communications Tower - 800mhz DebitCredit Communications Tower - 800MHZ Interest on Investments $18,000 Rent $18,000 Purpose: To budget interest income for the March-April 1997 equipment rental expense. Chairman Greer complimented Director Summers and Staff for the manner in which the emergency procedures were carried out during Hurricane Fran. Director Summers expressed appreciation for the support received from the Commissioners and County Staff and reported he looked forward to briefing the new members of the Board about the emergency procedures. APPROVAL OF CONSENT AGENDA ITEM 10-B Chairman Greer commented on the additional Clerical Specialist II position and asked if this position was funded by Smart Start or County funds? Deputy County Manager, Andrew J. Atkinson, responded the position would be funded by Smart Start. County Manager O'Neal advised the new members of the Board that a policy had been established to authorize the hiring of new employees for grant programs contingent upon the positions being eliminated if state or federal funding ceased. Motion: Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the following Budget Amendment as listed under Consent Agenda 10-B. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 790 Budget Amendment #97-0106 - Social Services/Administration/Smart Start Child Day Care DebitCredit Social Services/Administration Administrative Grants $ 24,974 Salaries & Wages $19,588 Equipment Rent 37 Telephone 128 Postage 128 Maintenance & Repair - Equipment 292 Printing 49 Department Supplies 3,234 Employee Reimbursement 192 Insurance 126 Capital Outlay - Equipment 1,200 Smart Start Child Day Care Smart Start Child Day Care $412,933 Smart Start Child Day Care $412,933 Purpose: To budget Smart Start Expansion funds for additional child day care and one additional Clerical Specialist II position to assist with administration of the additional funding. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards. Name Years of Service Mary J. Brantley, Social Services 10 Barbara Rowe, Cape Fear Museum 10 Jeanne Todd, Cape Fear Museum 10 Peggy R. Buddin, Register of Deeds Office 20 Chairman Greer, on behalf of the Board, presented service awards to each employee and expressed appreciation to them for their dedicated years of service to New Hanover County. A round of applause was given to the employees. PRESENTATION OF CLASS ACT AWARD TO ELEANOR W. JONES, PUBLIC HEALTH NURSE DIRECTOR II County Manager O'Neal reported that Eleanor W. Jones, Public Health Nurse Director II, had been selected to receive a Class Act Award for the outstanding job performed while serving as the County's representative for the United Way Campaign. He advised that Ms. Jones had decided to select a day of personal leave in lieu of the $100 U. S. Savings Bond, and he reported that she had donated this leave to an employee at the Health Department who was ill and in need of additional leave. Health Director Robert Parker commented on the many attributes of Ms. Jones and stated because of her dedicated commitment to the campaign the established goal of $32,750 was exceeded with over $40,000 pledged by County employees. Chairman Greer, on behalf of the Board, presented a Certificate of Appreciation to Ms. Jones and stated everyone who has ever been involved with Beth on a project knows that she is a "Class Act" employee. A round of applause was given to Ms. Jones. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 791 RECOGNITION OF NEWLY HIRED COUNTY EMPLOYEES County Manager O'Neal reported as part of the orientation program for new employees, they were requested to attend a regular meeting of the Board to learn more about the functions of government. He requested the following new employees to stand and be recognized: Michael Hinson, Environmental Management Marcia Smith, Health Department Linda Wilson, Health Department Fred Michael, Health Department Susan Little, Health Department Michael Sansbury, Finance Department Ronald Robbins, Inspections Department Greg Gulas, Library Tony Hubbard, N. C. Cooperative Extension Susan Boyette, N. C. Cooperative Extension Thomas McCormick, Parks Department Julian Anderson, Sheriff's Department Charles Gibson, Sheriff's Department Denise Jones, Social Services Michelle Williams, Social Services Vicki Yarborough, Tax Department Chairman Greer, on behalf of the Board, welcomed the new employees to County government and wished them well in their new careers. PRESENTATION OF REPORT ON WATER QUALITY IN NEW HANOVER COUNTY TIDAL CREEKS BY THE UNCW CENTER FOR MARINE SCIENCE RESEARCH Dr. James Merritt, Director of the Center for Marine Science Research at UNCW, reported the New Hanover County Planning Department, the Northeast New Hanover Conservacy, and the University of North Carolina at Wilmington, were requested to initiate a study of the water quality in New Hanover County tidal creeks in 1993. When performing the 1991-92 Wilmington/New Hanover County Land Use Plan Update, it became apparent that not enough information was available to develop a plan for management of the coastal and estuarine waters. The report being presented today provides data regarding environmental concerns coupled with planning and developing management initiatives to protect estuarine creeks and other coastal environmental concerns. During the past three years, Howe, Hewletts, Futch, Bradley, and Pages Creeks have been studied with the following objectives: (1) identify information pertaining to the status of water quality; (2) identify the cause of the deterioration, if possible; (3) assist regulatory agencies in developing management initiatives to address the issues; and (4) perform data gathering to determine if the procedures are working. The program has been successful and funds have been received from the North Carolina Sea Grant to perform nutrient studies in the coastal waters. The UNCW Center for Marine Science Research is currently working with EPA to receive a major grant to perform demonstration projects in Hewletts Creek, Howe Creek, and Greenfield Lake. Without the success of the three-year study, grant funds could not have been obtained. Dr. Merritt requested Dr. Michael A. Mallin to present the key issues of the study. Dr. Mallin presented slides and reported the tidal creeks in New Hanover County were unique because within a space of one to two miles, the creeks go from marine conditions to salt water conditions to fresh water conditions. The creeks serve as primary nursery areas for a wide variety of fish. With the rapid development along the creeks, problems have been experienced with pollution. When sampling the creeks, data was gathered on temperature and salinity, dissolved oxygen, turbidity, nitrates, heavy metals, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 792 pesticides, and fecal coliform. Twenty-seven stations have been involved with the samplings. Problems with low dissolved oxygen (hypoxia) were encountered occasionally in every tidal creek. Overall, Bradley Creek had the most frequent and widespread problems with low dissolved oxygen. Various areas in all of the creeks experienced some hypoxia, although no anoxia, during the study. Excessive turbidity was not a problem in Futch Creek during the study. Orthophosphate and nitrate are inorganic nutrients required by plants, which in excess can cause undesirable consequences such as algal blooms. Futch, Pages, and Howe Creeks maintained low to moderate orthophosphate concentrations with the highest levels found in headwaters or quiet backwater areas. Bradley and Hewletts Creeks maintained generally moderate orthophosphate concentrations with periodic high levels at the upper south branch of Bradley Creek and the upper north and middle branches of Hewletts Creek. Futch Creek data indicates that this system receives elevated nitrate loads, particularly in the upper south branch. Hewletts Creek also receives elevated nitrate loading, mainly in the headwaters. Bradley Creek nitrate levels were generally low, except for the upper south branch. Howe Creek nitrate levels showed an increase from previous years because the small feeder stream draining the golf course near Howe Creek frequently yields high nitrate levels. Chlorophyll is a measure of phytoplankton biomass and can be considered a response to nutrient loading. The general seasonal pattern for these creeks showed lower levels in winter and higher levels in spring and summer with a spatial pattern of lower concentrations near the creek mouths and higher upstream. In Futch Creek, there were periodic "bloom" chlorophyll levels during the summer. The highest concentrations were in Bradley Creek as in previous years. Chlorophyll concentrations in Pages Creek were generally low, and in Hewletts Creek the levels were occasionally problematic during spring and summer. In Howe Creek, there was a moderate level of chlorophyll concentrations until spring when bloom conditions occur in April and May. Runoff from Graham Pond, the Landfall Golf Course, and land-clearing operations along the upper north shore may have accounted for these blooms. In summary, the data collected indicates that selected areas in all of the creeks are subject to blooms exceeding the State standard. This organism was particularly abundant during low tide. Thus, the potential exists for future fish kills caused by this organism in nutrient-rich areas of the creeks. Copper, cadmium, and lead concentrations were measured in sediments from Pages and Hewletts Creeks. In Pages Creek, cadmium lead, and copper were elevated in marina sediments. In Hewletts Creek, cadmium levels were greater and copper levels were generally lower. In summary, the metals were considerably higher than sediments tested in 1993-94. Fecal coliform bacterial abundance was assessed in Futch and Bradley Creeks. General spatial patterns for both creeks showed an inverse relationship to salinity. The most polluted areas in Futch Creek were in the upper south branch; whereas, the undeveloped Foy Branch maintained considerably lower fecal coliform concentrations. The sources of fecal coliform pollution in the south arm are surface-derived and are not entering through groundwater but may include runoff from partially-developed areas of wild animal concentrations. As a remedial effort in April 1995, the south channel of the mouth of Futch Creek was dredged to remove the sand bar which had accumulated from heavy boating traffic along the Intracoastal Waterway. Since the dredging project, fecal coliform analysis has demonstrated that the lower part of Futch Creek is now safe for shellfishing, and these waters have been opened by the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 793 North Carolina Shellfish Sanitation Branch following dredging in 1996. Further testing of Futch Creek is ongoing. A number of pollution "hot spots" exist in the tidal creeks. In Futch Creek, the upper south branch is host to elevated fecal coliform, nutrients, and chlorophyll. In Bradley Creek, the upper south branch has high fecal coliform, nutrients, and chlorophyll. High levels of chlorophyll are found in Howe Creek with high fecal coliform counts upstream. In Pages Creek, the backwater areas are problematic for fecal coliform, chlorophyll, and metals. Hewletts Creek maintains the highest nutrients and fecal coliform, the highest chlorophyll, the highest metals, and a large population of dinoflagellate Pfiesteria piscicida, which is the bacteria responsible for the massive fish kills in the Neuse River, Pamlico River, and New River. The presence of this bacteria is a signal of decreasing water quality. Future plans are to continue samplings of key stations in the creeks; continue charting the recovery of Futch Creek; investigate specific pollution sources in Futch, Hewletts, and Howe Creeks; initiate a small mammal study as sources of fecal coliform in Futch and Howe Creeks; assess the creeks for the presence of dinoflagellate Pfiesteria piscicida and the locations where this bacteria is most abundant with a determination of the nutrients that are creating the blooms in the creek; and assess the effectiveness of pollution mitigation programs and land use changes on creek water quality. In closing, Dr. Mallin advised the past three years of study have proven to be successful and stated if continued research is implemented as planned, the necessary data will be available for developing management initiatives for controlling pollution in the estuarine creeks. He offered to answer any questions. Commissioner Birzenieks asked if the necessary resources were available, what type of plan would the Research Center follow? Dr. Mallin responded implementation of an environmental educational program for the property owners living near the tidal creeks to create an awareness of the negative impact of fertilizer and pet manure on estuarine creeks, and establishment of buffer zones along the edge of tidal creeks Commissioner Howell agreed with implementation of an educational program and stated he felt most property owners were not aware of the negative impact of fertilizer on water quality. He commented on the success of the dredging project at the mouth of Futch Creek and asked if any other dredging projects were planned? Dr. Mallin responded each creek had to be handled individually with the possible sources of pollution removed before considering a dredging project. Mr. Bill Hart, a resident living on Hewletts Creek, spoke favorably of the presentation and stated water quality was a problem that should be addressed as a goal of County government. He urged the Board to continue financial support of the study and suggested expanding the study to watersheds, not just tidal creeks. The Board was requested to invite the City of Wilmington to participate in the study since the upper part of the Hewletts Creek watershed was within the City Limits. Mr. Robert C. Wallen, a resident of downtown Wilmington, commented on dealing with hog wastes and urged the Board to use a portion of the Room Occupancy Tax to address this issue since City drinking water comes directly from the Cape Fear River. He, also, requested the Board to add additional generators at the lift stations to avoid future sewer spills and handle emergency situations. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 794 Chairman Greer, on behalf of the Board, expressed appreciation to Dr. Merritt and Dr. Mallin for an excellent presentation. BREAK Chairman Greer called a break from 10:25 until 10:44 A.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:45 A.M. until 11:50 A.M. to hold a meeting of the New Hanover County Water and Sewer District. BREAK Chairman Greer called a break from 11:51 A.M. until 12:01 P.M. APPOINTMENTS TO THE HOSPITAL STUDY COMMITTEE Chairman Greer announced that forty (40) applications had been received for appointment of nine members to serve on the Hospital Study Committee. He reported that Commissioners Birzenieks, Davis, and Howell would each nominate three members to serve on the committee. Commissioner Birzenieks nominated Derrick Ricardo Anderson, Adair M. Graham, and Commissioner Emeritus Buck O'Shields. Commissioner Davis nominated Truman L. McCasland, Jim Pierce, and Robert Rippy. Commissioner Howell nominated Roberta Clark, Joyce Fernando, and David Benford. Commissioner Davis advised that Dr. Don Latham, a Professor at UNCW, had agreed to be a facilitator of the Hospital Study Committee and Ms. Pat Melvin, Assistant to the County Manager, had been designated as the Staff person to assist the committee. He stated after discussion with Dr. Latham, it was felt that a charge of responsibilities should be prepared for the committee. He presented a draft charge to the Board and requested approval of the document. Chairman Greer recommended establishing an exact date for the submission of the report to the Board of County Commissioners in the last paragraph of the document. Vice-Chairman Caster recommended changing the word, "asset" to "benefit" in the first sentence of the second paragraph of the document. Motion: After further discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to appoint the members nominated to serve on the Hospital Study Committee as listed below and adopt the charge changing the word "asset" to "benefit" in the first sentence of the second paragraph and require the recommendations to be prepared and presented to the Board of County Commissioners by March 24, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. Derrick Ricardo Anderson David B. Benford Roberta Clark Joyce Fernando Adair M. Graham Truman L. McCasland Buck O'Shields Jim Pierce Robert S. Rippy A copy of the charge is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 795 APPOINTMENT OF T. DAVID EVANS AND JULIA B. HOOPER TO SERVE ON THE HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE Chairman Greer reported there were two vacancies on the Human Services Allocation Advisory Committee with one vacancy being an unexpired term due to the resignation of Michael Zentmeyer. Chairman Greer advised that Margaret Weller-Stargell had forwarded a letter to him on November 25, 1997, and stated he failed to contact the Clerk to the Board to include the application in the appointment process. He requested the Board to consider her application. County Manager O'Neal reported that no current members on the Human Services Allocation Advisory Committee were direct recipients of CBA funding. He advised that Mrs. Weller-Stargell was the Director of an agency that receives CBA funding which could create a problem for the other members of the committee. After further discussion, Chairman Greer stated since the agency receives CBA funding, it would not be appropriate to consider the application. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to appoint Mr. T. David Evans to fill the unexpired term to expire June 30, 1998, and appoint Julia B. Hooper to serve a three- year term on the Human Services Allocation Advisory Committee with the term to expire January 31, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF ROBERT L. RANDALL TO SERVE ON THE PORT, WATERWAY AND BEACH COMMISSION Chairman Greer reported there was one vacancy on the Port, Waterway and Beach Commission under the category of commerce and finance. He advised that four applications had been received, and he opened the floor to receive nominations. Vice-Chairman Caster nominated Robert L. Randall. Commissioner Birzenieks seconded the nomination. There being no further nominations, Chairman Greer closed the nominations. Vote: Upon vote, Mr. Robert L. Randall was unanimously appointed to serve a three-year term on the Port, Waterway and Beach Commission with the term to expire February 28, 2000. ADDITIONAL ITEMS ADOPTION OF AMENDED RESOLUTION FOR THE PURCHASE OF CAPE FEAR UTILITIES, INC. AND QUALITY WATER SUPPLIES, INC. County Attorney Copley reported the resolution was identical to the original resolution with the exception of extending the time frame to 120 days. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution with extension of the time frame to May 21, 1997. 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 XXIII, Page 33. MEETING SCHEDULED FOR FEBRUARY 4, 1997, TO CONTINUE DISCUSSION OF RETREAT ITEMS County Manager O'Neal requested the Board to select a date to continue discussing the items presented at the Retreat. Consensus: After discussion, it was the consensus of the Board to schedule a meeting on February 4, 1997, from 7:00 P.M. until 10:30 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 21, 1997PAGE 796 P.M. at the Hampton Inn and Suites, 1989 Eastwood Road, for discussion of retreat recommendations and budget issues. REMINDER OF THE WORK SESSION SCHEDULED WITH THE CAROLINA BEACH TOWN COUNCIL Chairman Greer reminded the Board of the Work Session scheduled tonight with the Carolina Beach Town Council at 5:00 P.M. in the Town Hall to discuss options for resolving the Wilmington/Hanby Beach water and sewer problems. CHAIRMAN AUTHORIZED TO WRITE A LETTER OF APPRECIATION TO DR. JAMES R. LEUTZE, CHANCELLOR OF UNCW Commissioner Birzenieks commented on the excellent presentation by the UNCW Center for Marine Science Research regarding water quality in the tidal creeks, and he recommended that a letter of appreciation be forwarded to Dr. Leutze and the UNCW Board of Trustees for the many contributions made to the community. Chairman Greer responded that he would be glad to write a letter. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION County Attorney Copley requested the Board to hold a Closed Session pursuant to NCGS143-318.11(3) to consult with the attorney concerning the handling of a claim, judicial action, or administrative procedure. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to hold a Closed Session pursuant to NCGS143-318.11(3) as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney Copley requested Director of Finance, Bruce Shell, to attend the Closed Session. Chairman Greer convened from Regular Session to Closed Session at 12:45 P.M. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 1:00 P.M. and reported that no action had been taken in the Closed Session. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 1:02 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board