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1994-05-16 Regular Meeting ""lIIl MINUTES OF REGULAR MEETING, MAY 16, 1994 'PAGE "64 e ASSEMBLY The New Hanover County Board of Commissioners met in Regular session on Monday, May 16, 1994, at 9:00-A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, wilmington, ~orth Carolina. Members present were: Commissioners Sandra Barone; William A. Caster; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; CounEy Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. commissioner Sisson arrived late. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND-PLEDGE OF ALLEGIANCE Reverend J. D. Whetstone, Pastor of Temple Baptist"~ Church, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like.. to present an item not listed on the Regular Agenda or comment on a Consent Agenda Item. No items were presented. e APPROVAL OF CONSENT AGENDA Chairman Greer requested withdrawal of Item #9 from the Consent Agenda for the purpose of further discussion. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to remove Item #9 as requested and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of May 2, 1994, as presented by the Clerk to the Board. Adoption of Resolution Awarding Bid #94-0294 to IBM Corporation (Eastern Technology Associates, Inc. acting as the agent) for the Purchase of a Disk Drive - MIS Department The Commissioners adopted a resolution awarding a bid to IBM Corporation, the only responsible bidder, in the amount of $24,796.20 for purchase of an IBM 9345-B22 Disk Drive for the MIS Department. The purchase is to be made as an amendment under the existing contract with IBM, Contract #91-0039. The Chairman was authorized to execute the necessary documents. e A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 9. A copy of the amended contract is on file in the Legal Department. Release of Value - Tax Department The Commissioners released a late listing penalty in the amount of $34.82 for Jim Woodard since the taxpayer had listed on time in another county. The Commissioners approved a delinquent application for the American Legion, Post 126 Chapter which granted an exemption from the property tax. The release was recommended by the Tax Administrator, and a letter explaining the late application is available upon request. j ,- MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE, 65, Acceptance of Tax Collection Reports Through April 30, 1994 The Commissioners accepted the following Tax Collection Reports through April 30, 1994, as submitted by the Collector of Revenue: 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 XXII, Page 9. o Acceptance of Additional Title III-F Grant Funds for the Department of Aging and Approval of Budget Amendment #94-0220 The Commissioners approved the following Budget Amendment to accept additional Title III-F grant funds in the amount of $5,068 to be used as listed below: , Layton Exhibit Health Fairs Senior Games $1,868 $2,000 $1,200 94-0220 Department of Aging Debit Credit Department of Aqinq Senior Center Title III Health Grant $5,068 Department of Aqinq Senior Center Title III Health Grant $5,068 Adoption of Resolutions Requesting the Addition of Roads to the State Highway system The commissioners adopted resolutions requesting the addition of Benjamin Avenue in Dixon Subdivision and roads in River Oaks Subdivision to. the State Highway system. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 9. Approval of Budget Amendment #94-0221 - Sheriff's Department o Debit Credit Sheriff's Department/Administration State Seizure - Article 14-299 $20,044 Sheriff's Department/Administrafion Motor Vehicles $20,044 Purpose: To budget revenue received by the Sheriff's Depa~tment from gambling seizures. Approval Services The of Budget Amendment #94,.0216 Department of social 94-0216 commissioners approved the following Budget Amendment: Department of Social services Debit' Credit Dept. of Social Services/Administration DSS Administrative Grants $16,373 o Dept. of social Services/CAP Medical Supplies "$'9,660 Dept. of Social Services/CP&L Assistance Payments $ !5,713 Purpose: To budget additional federal and state funds for the community Alternative Program (CAP) and CP&L Projec~ Share Program. - >. ... ,,~ - '" -,.. -.... , ,. :.* ;{"$~:r';'~~t;~d;:p;~:,l~(~?ii~!~;,~~! ~ 'j ~ . , . , """'lIIl , ~74: ,i. 0.'1 ":;':-f~ ~ U' ~ \. MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 66 APPROVAL OF CONSENT AGENDA ITEM #9, CONTRACT #94-0336 WITH GRACE UNITED METHODIST CHURCH FOR ADDITIONAL EMPLOYEE PARKING SPACES County Manager O'Neal requested to be excused from any discussion on the proposed contract since he is a member of Grace united Methodist Church. e Chairman Greer recommended changing the hours on the proposed contract with Grace United Methodist Church from 8:00 A.M. until 5:00 P.M. to 7:30 A.M. until 5:30 P.M. since County employees work from 8:00 A. M. until 5:00 P.M.? Deputy County Manager, Andrew J. Atkinson, agreed that the hours should be changed and expressed appreciation to Chairman Greer for calling this matter to his attention. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to approve the contract with Grace united Methodist Church effective June 1, 1994, for lease of 25 parking spaces at the Church's lot on the Corner of Grace and Fourth Streets for $437.50 per month ($17.50 per space) contingent upon the contract being amended to reflect that the hours of use will be from 7:30 A.M. until 5:30 P.M. -The County Manager was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. Commissioner Barone asked if this is the extent of spaces that will be rented for County employees? Deputy County Manager Atkinson reported the 25 spaces will only take care of the immediate need. e PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: County Employee Years of Service Eric M. Dipalo, Parks Department 5 Oderay D. Meek, Health Department 5 Doris H. Cook, Social Services 5 Celeste E. Chadwick, Social Services 5 Kristie S. Ellis, Social Services 5 Randolph Keaton, Social Services 5 Rena S. McAllister, Social Services 5 Sheila S. Merritt, Social Services 5 Jane E. Odom, Social Services 5 Leslie D. Strayhorn, Social Services 5 Anna V. Franzitta, Tax Department 5 Sharon H.'Terrell, Tax Department 5 Arlene J. Burns, Library 5 Debra E. Cushing, Health Department 10 Bonnie L. Smithdeal, Social Services 10 Jean Middleton, Aging Services 10 Marcelle Austin, Aging Services 10 Bernard Gailes, Parks Department 10 e Cynthia R. Johnson, Health Department F. W. Morris, Social Services John M. Wasson, Social Services Beverly B, Shareef, Library Grace J. Russ, Museum 15 15 15 15 15 Helen C. McKoy, Social Services Doris L. Lewis-Henry, Library 20 20 Richard B.' Gerrish, Social Services 25 ~. j MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 617 Chairman Greer, on behalf of the Board, expressed appreciation to the employees for their dedicated years of service. ARRIVAL OF COMMISSIONER SISSON Commissioner Sisson arrived at 9:18 A.M. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal introduced the following new County employees: Carol Barclay, County Manager's Office Jane McDevitt, Inspections Department Margie Eacho, Inspections Department Tim Bottoms, Cape Fear Museum Daniel Zuck, Library Connie Newell, Library Marcia Wiggins, Library Connie Wittmer, Social Services Shelia James, Social Services Joyce Stevens, Social Services Chairman Greer, on behalf of the Board, welcomed the new employees to the county and wished them well in their new jobs. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT TO BRENDA COFFEY 'IN THE EMERGENCY MANAGEMENT DEPARTMENT Chairman Greer, on behalf of the Board, congratulated and presented a certificate of Achievement to Mrs. Brenda Coffey for completing a course in the FEMA.Professional Development Series in Emergency Management. This accomplishment enables the Emergency Management office to deal an~ manage disasters in a more effective manner. A round of applause was given to Ms. Coffey for this special accomplishment. ESTABLISHMENT OF TIP FEES FOR PUT-OF-COUNTY MUNICIPAL SOLID WASTE AND SPECIAL WASTE; AND ESTABLISHMENT OF TIP FEES FOR IN-COUNTY MUNICIPAL SOLID WASTE AND SPECIAL WASTE Environmental Specialist, Dennis Burks, reported in December', 1993, the Department of Environmental Management petitioned the State Solid Waste section to amend the WASTEC Permit to allow the facility to receive out-of-county waste. On April 25, 1994, the Solid Waste Section authorized the County to receive out-of-county waste within the territorial boundaries of North Carolina contingent upon the following c~nditions: (1) The Waste-To-Energy Facility shall operate in accordance with the conditions of the Amendment to Permit #65-05-1 issued March 9, 1990. (2) The ash generated by the facility shall be managed in accordance with the permit conditions and disposed of in the New Hanover County Landfill. (3) The New Hanover County Landfill shall operate in accordance with the Amendment to Permit #65-04 issued May 6, 1993, and shall receive only solid waste generated within the territorial boundaries of New Hanover County. The third condition is significant in that no out-of-county waste will be allowed to be disposed of in the New Hanover County Landfill. This condition is consistent with the County's plan to receive only a sufficient amount of out-of-county waste to allow WASTEC to operate at capacity in order to improve revenue sources through tip fees and steam and e;lectrical sales. . " After. review, it has been determined that in order to be competitive with. other disposal'options the tip fee-for'community municipal solid waste should not exceed $35 per ton. Staff o o o e e e "" ::.;" , .';",'~""'" ";i';'''''''l'{'W~V~ c l. (>:~"tr:~ '~',\.':!, ':'~" ~~~lli?~\l'i"..\ 'Y"l "';'~'(;-'~:'~" '\';}4:'h'I" '';: """"'IIIl ,!;: ~; ~~ir.!~'{';~ ~"'3~ -P't \1 MiNUTES OF REGULAR MEETING, MAY 16, 1994 PAGE -68 recommends establishing a tip fee of $35 for out-of-county waste and authorization for the County Manager (or his designee) to negotiate with industry and commercial establishments to accept waste at higher rates. At no time is the tip fee to be more than $35 per ton. An agreement would be signed by the requesting party and the County Manager. This policy would become effective immediately. Also, on March 31, 1994, the Commissioners agreed to establish a tip fee of $30 per ton for municipal solid waste generated within the geographical boundaries of New Hanover County. The $30 tip fee is to become effective July 1, 1994, and remain in effect until such time as amended by the Board of County Commissioners. staff recommends adoption of the following Schedule of Tip Fees for in-county waste which establishes a tip fee at $30 per ton for municipal solid waste and changes the tip fee for special waste and industrial sludge as indicated: Municipal Solid Waste Construction/Demolition (Mixed) Lumber/Wood Concrete/Brick/Stumps/Dirt Shingles Appliances (Homeowners Only) Homeowners (Pick-up or Trailer) Homeowners (Car with Bags) $30.00 per ton $30.00 per ton $22.50 per ton $ 6.00 per ton $12.00 per ton $ 2.00 each- $ 5.00 minimum $ 1.00 minimum Special Waste Asbestos $ 30.00 per cubic yard Sludge $30.00 , Tires (generated during the normal course of business) NO CHARGE Tires (not generated during the normal Course of Business) $82.50 Lead/Acid Batteries NO CHARGE - Waste oil NO CHARGE Chairman Greer inquired as to whether a quantity figure should be reflected under the Waste oil category on the Fee Schedule in order to prevent one person from bringing in 500 gallons of waste oil? Environmental Specialist Burks responded that WASTEC now accepts up to 5 gallons of waste oil per household. Discussion was held on the special handling rate of 1.5 times the tipping fee. Commissioner Sisson inquired as to whether the special handling rate of 1.5 times the tipping fee will actually cover the costs of handling a particular type of special waste? Environmental Specialist Burks reported the special handling rate is appropriate. When staff fee1.s the disposal of the special waste will create too many environmental problems, the waste is not accepted; however, assistance is given to help the customer find another way to dispose of the waste. Commissioner Barone inquired as to the distribution of the $5.00 disposal fee charged by the State when persons are purchasing white goods? Environmental Specialist Burks stated this fee is distributed by the State on a per capita basis; however, the fee does not cover ~ . I MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 69 the cost for the disposal program because of the costly removal of freon. commissioner Barone reported the Finance and Taxation Steering committee of the N. C. Association of County Commissioners is in the process of trying to change the per capita distribution for tires; therefore, she was trying to determine if the distribution should be changed for the white goods. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the following items: (1) establish a tip fee of $35 per ton for out-of-county waste with authorization for the County Manager (or his designee) to negotiate with. industry or commercial establishments to accept waste at higher rates, but in no case, less than the $35 per ton; and require a signed agreement between the party and New Hanover County Manager as to the conditions under which the waste will be received for ,acceptance of out-of-county municipal solid waste and special waste; o (2) establish a tip fee of $30 per ton for in-county municipal solid waste and adopt the Schedule of Tip Fees as amended, which is to add language under "Waste oil" to reflect that only 5 gallons of waste oil per household will be accepted; and approve a special handling rate of 1.5 times the tipping fee when ,specific handling is required for special waste disposal. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner Sisson Vice-Chairman Mathews Chairman -Greer o voting Nay: Commissioner Barone commissioner Barone stated, for the record, she cannot support this motion because she is opposed to the $30 tip fee. ,'" ADOPTION OF RESOLUTION SUPPORTING THE NORTH CAROLINA STATEWIDE CALLING PLAN Ms. Kay Blackburn, Assistant Staff Manager for Southern Bell, reported Southern Bell introduced a tariff with the N. C, utilities commission on January 14, 1994. For several years, there have been many trials conducted across the State to better meet the. customers needs. wilmington has been involved in a trial for approximately three years, which was originally called the Pender County Calling P.lan, . which is now known as the Coastal Regional Calling Plan. This trial is similar to the plan Southern Bell is asking for statewide. . Currently , the local calling area for Wilmington .includes: Castle Hayne, Wrightsville Beach, Carolina Beach, Scotts Hill, and Acme. The expanded area plan will include Boiling springs Lake, BOlivia, Southport, Atkinson, Burgaw, Holden Beach, Long Beach, Longwood, Seaside and Shallotte. . Resolutions of'support have been received from wrightsville Beach, Kure Beach, Lumberton, Carolina Beach, and southport. ~ . " ... . o The benefits to the statewide Calling Plan are as follows: ., t# '. communit~ Caller Plus Plan: . . (1) A seven digit number is used to call the areas listed above. .', 'f; ""'Ill , r~\~~}~~' ~,,',f.".' MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 70 (2) Calls to these numbers will be billed at a 50% time of day discount. (3) No rate increase for flat rate customers. Premium Calling option: e (1) A frequent caller option will be offered for residential customers only, and will include: -$12.00 fee in addition to the basic rate of $11.34. -Unlimited dialing to included areas. Ms. Blackburn requested the Commissioners to support the North Carolina statewide Calling Plan and adopt the draft resolution included in the agenda packet. Commissioner Caster requested Ms. Blackburn to explain the 50% time of day discount? Ms. Blackburn explained that long distance calls made during the day are higher than long distance calls made in the evening, therefore, the customer would be billed 50% of the day rate if the call was made from 8:00 A.M. until 5:00 P.M. From 5:00 P.M. until 8:.00 P.M. the customer would be billed at the evening rate and after 8:00 P.M. the customer would be billed at the night rate. e commissioner sisson inquired as to whether all the areas are covered by Southern Bell? Ms. Blackburn reported Bolivia, Shallotte, and Longwood are served by Atlantic Telephone; therefore, the calls made to this area will be billed at the .50% time of day discount. Commissioner Caster inquired to whether the Community Caller Plan is for both residential and commercial use? Ms. Blackburn reported the Community Caller Plan is for both residential and commercial use. Chairman Greer inquired as to why New Hanover County i~ being requested to adopt the draft resolution? Ms. Blackburn explained that the resolutions of support from New Hanover, Pender and Brunswick counties will assist Southern Bell in receiving approval of the statewide Calling Plan by the North Carolina utilities commission. commissioner Sisson inquired as to the benefit of this plan to Southern Bell? Ms. Blackburn reported the plan was developed to respond to complaints received from people in these areas. In many cases, it was long distance for some citizens to call their County seat. For example, many Pender County residents have to place a long-distance call to contact the Pender County Board of Commissioners. e Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the draft resolution in support of the North Carolina statewide Calling Plan. 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 XXII, Page 9. ~ /- ! I I MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 71 ADOPTION OF NEW HANOVER COUNTY SCHOOLS CAPITAL IMPROVEMENTS CONSTRUCTION CAPITAL PROJECT ORDINANCE; ADOPTION OF CAPE FEAR COMMUNITY COLLEGE CAPITAL IMPROVEMENTS PROJECT ORDINANCE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENTS #94-038 AND #94-042 Deputy County Manager, Andrew J. Atkinson, requested the Commissioners to adopt the Project Ordinances and associated Budget Amendments necessary to establish the budgets for the Construction of Capital Improvements for New Hanover County Schools and the Cape Fear Community College. Both projects will be funded from the bond proceeds. o Discussion was held on the monies varying from project to project for the renovations and construction of schools. Deputy County Manager Atkinson reported the ordinance reflects preliminary estimates for each school; however, as the design phase is completed and bids are received, the figures may have to be reshuffled. The County Finance Department will tract the project on a school-by-school basis, and the Board of Education will keep records to ensure there is a proper balance between both entities. Vice-Chairman Mathews requested definitions of the words, renovations and maintenance, as used in the Capital Project Ordinance for the schools? County Manager O'Neal recommended asking the school officials to define these terms when they arrive for the Budget Hearing. commissioner Sisson asked if the Project Ordinance is adopted for the schools and the county decides to take a more active role in the maintenance of schools and other structural capital outlays, will this ordinance prevent the County from being able to pursue these matters? Deputy County Manager Atkinson reported the Capital Project Ordinance can be amended at the pleasure of the Board of County Commissioners. o . t County Attorney Copley suggested specifically defining the terms, renovations and maintenance, throughout Capital Project Ordinance. The Legal Staff will be glad to work with Dr. sosne on these definitions, and if the terms are defined in this matter the terms will be used throughout the entire capital projects. Vice-Chairman Mathews and Commissioner Sisson agreed with the County Attorney's recommendation. commissioner Barone reported Commissioner Caster has served on the committee that reviewed the projects for the various schools; therefore, she is comfortable with the Capital Project Ordinance as written. Motion: After further discussion, commissioner Barone MOVED, SECONDED by commissioner Caster to adopt the Capital project Ordinance for the New Hanover County Schools as written and approve the associated Budget Amendment to establish the project budg~t. The floor was opened for discussion. commissioner Sisson emphasized the importance of having the terms, renovations and maintenance, properly defined before approving the Capital Project. Ordinance for the schools. He stated, personally, he is not satisfied with the manner in which t~e Board of Education has spent funds in the' past for structural issues. o . . 'Vice-Chairma~ Mathews agreed wit.h commissioner sisson and requested tne Board to consider delaying action on' the Project Ordinance for the schools. Vote: Chairman Greer called for a vote on the MOTION to adopt the Capital' Project Ordinance for the New Hanover county Schools as e e e '~f-'?"(!"\;'<; ';',,<C,,",,,,, , ,~ """'lIIl ", MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 72 written and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Vice-Chairman Mathews Commissioner Sisson Budqet Amendment #94-038 , Debit Credit Schools Capital Improvement Plan Bond Proceeds Public School Capital Fund $39,900,000 3,209,729 Schools Capital Improvement Plan Capital Project Expense $43,109,729 . A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 9. Chairman Greer requested a motion for approval of the Cape Fear Community College Capital Im~rovements Capital Project Ordinance. Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the Project Ordinance for Cape Fear Community College as presented and approve the following Budget Amendment. Upon vote; the MOTION CARRIED UNANIMOUSLY. Budqet Amendment #94-042 Debit Credit Cape Fear Communitv Colleqe Capital Improvements Bond Proceeds $13,900,000 ,< Cape Fear Communitv Colleqe Capital Improvements Capital Project Expense $13,900,00d . A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 9. _' f" BREAK Chairman Greer called 'a break from 10: 00 A.M. until 10: 25 A.M. ~ APPOINTMENT OF MEMBERS TO SERVE ON THE TASK FORCE FOR THE INTERVENTION/PREVENTION GRANT PROGRAM Chairman Greer announced the Board of County Commissioners has been requested to appoint a Task Force to serve on the Intervention/Prevention Grant Program; however, the Commissioners would like to. know if this request came directly from the Board of Education? Interim School superintendent, Dr. Marc Sosne, reported the B'oard of Education has not taken formal action on this request because the State legislation calls for the appointment of the Task Force by the New Hanover County Board of Commissioners. The Board of Educ~~ion is familiar with the grant program and the appointment o~ the Task Force. County Manager O'Neal reported the following names should be added to the list of members to be considere~: Chris McName~, Lyn~ Smithdeal, and Phyllis Roebuck. ,- .. .Motion: Commissioner Barone MOVED, SECONDED by commissioner Sisson to appoint the following persons to .serve on the Task Force. .... / MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 73 David Allen Mary Alice Settle Kathy Sabella Al Lerch Janine Bilodeau Vivian Darnell Phyllis Roebuck Pat Melvin Marc Recko Amy Hamme Betty Jo McCorkel Carol Tambukas Arcelia Wicker Lynn smithdeal Chris McNamee The floor was opened for discussion. Chairman Greer expressed concern for the Board of Education not requesting the Commissioners to make the appointments. Dr. Sosne reported the information from the Department of Public Instruction came shortly after the last Board of Education meeting, and staff determined since the legislation specifically stated the Commissioners were to appoint the Task Force, the request was forwarded to the County Manager for placement of this item on the agenda. If the Commissioners desire for the Board of Education to officially make a request for appointment of the Task Force, he will present this item to the Board of Education at.a Work Session to be held tomorrow night and inform the Commissioners Wednesday morning. Chairman Greer requested Commissioner Barone to amend the motion for appointment of the members to the Task Force contingent ~pon approval by the Board of Education. Amended Motion: commissioner Barone AMENDED THE MOTION, SECONDED by commissioner ,Sisson to appoint the members listed above to serve on the Task Force contingent upon approval by the Board of Education. Upon vote, the MOTION CARRIED UNANIMOUSLY. " APPROVAL OF LEGISLATION TO ESTABLISH A "NO WAKE ZONE" ON A CERTAIN PORTION OF THE NORTHEAST CAPE FEAR RIVER County Manager O'Neal reported a local citizens group has requested the Board to consider creating a "No Wake" Zone on the Northeast Cape Fear River. The zone will begin at the east . ' boundary of Pearsalls Mar1na, located on the south shore of the Northeast Cape Fear River between the Interstate 40 bridge and U. S. Highway 117 bridge, and proceed west past the N. C. wildlife Resource Commission ramps, situated in the vicinity of the U. S. Highway 117 bridge, for approximately one-mile to the west side of the New Hanover County Park at the Old Bridge site. In order for the "No Wake" Zone to be established special legislation would have to be,enacted by the N. C. General Assembly. Draft legislation has been prepared by the Legal Department and if the Commissioners adopt. the proposed legislation, Representative Tom wright will introduce the local bill during the ~hort Session of the General Assembly. commissioner Barone expressed concern.for establishing a "No Wake" Zone through special legislation when the residents of the area have not contacted any of the county Commissioners about this matter. Discussion was held on needing more information before approving the proposed legislation. County Manager O'Neal ,reported he will be glad.to contact Mr. Dyer. 1. -com~issioner'Sisson recommended tabling this issue until'Mr: Dyer has been contacted and can explain his areas of concern before taking action on t~e proposed legisla~ion. .~ ..., ........ - .1-' I- ~ . . .. . ~ r Consensus: After further discussi'on, it was the consensus"of the Board to table this issue until further information is provided. \..::;.,~ ~ '.... "J J.. .,. . r ......,.. ," '" ...,."- :. h . . - o o o ...'~ e e e {.r.'.~ , '1t!;'I:;;:#: ""IIIIIl " ~ 3:~,~;jji'if'r" '. .w MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 74 DISCUSSION OF SCHOOL RENOVATIONS Chairman Greer announced Mr. Roy Keith, Finance Officer for the New Hanover County Schools, is now present and will explain the definition of the words, re~ovation and maintenance, as used in the Capital Project Ordinance for the schools. Mr. Keith reported the word "renovation" does not include maintenance. Renovations are extending or improving existing properties. Maintenance is the repair of existing equipment, such as the repair of a malfunctioning air conditioner. Examples of a renovation are the replacement of old steel casement windows at New Hanover High School or the structural changes made to buildings required by the Americans Disability Act. Vice-Chairman Mathews asked if the repair of Brogden Hall is a renovation? Mr. Keith reported this is a major renovation and is included in the Capital Improvement Plan. Vice-Chairman Mathews asked if a leaking roof of a school building is a renovation? Mr. Keith reported a repair of this type comes from the Capital Outlay Budget which is 'separately funded. There are no roof repairs or renovations in the Capital Improvement Budget. Funds for maintenance are in the current expense budget and renovations are in the Capital Outlay Budget with major renovations as part of the Capital Improvement Program Budget. Vice-Chairman Mathews commented on the figurepf $3 million in the Project Ordinance for renovations to New Hanover High School and asked what projects are included in this figure? Mr. Keith reported most of the money will be used to renovate Brogden Hall with funds from the Capital Improvement Program Budget. Chairman Greer inquired as to whether the maintenance budget for the schools has increased during the last several years? Mr. Keith reported the maintenance budget for schoo'ls has increased approximately $100,000 to $150,.000 per year. In the past five years, the schools have had four different maintenance directors. Approximately two years ago, state funding was cut for central office administrators, and a decision was made by the Superintendent at that time to eliminate the position that was responsible for overseeing operations which included maintenance, transportation, and other services. When this occurred, the Superintendent assumed those responsibilities instead of hiring another employee with the use of local funds. Due to these circumstances, the Maintenance Department has suffered during the past five years. commissioner Sisson commented on the $355,000 expenditure for Forest Hills Elementary School and asked if the roof annex repairs are included in this expenditure, or will these repairs come from capital outlay? Mr. Keith reported he could not specifically answer this question, but he would be glad to provide this information. Currently, truck deliveries have to cross the playground to the school cafeteria, and if the roof of the annex has to be extended it is likely that part of the roof repairs would be encompassed under the Capital Improvement Budget. . . - Dr. Sosne reported maintenance will be addressed at the Budget Hearing tonight; however, according to the State guidelines, New Hanover County Schools should be spending $3.2 million on maintenance, which represents 2% of the replacement value for all ~ ~ ~ M~NUTES OF REGULAR MEETING, MAY 16, 1994 PAGE''l~ school buildings. For the past five years, funding for maintenance has been only 1.5%. This funding shortfall along with mandates, such as removal of asbestos and the installation of fire alarm systems, has greatly reduced the funds for maintenance. In his opinion, the school buildings are in a deplorable condition because of the lack of maintenance. Chairman Greer expressed appreciation to Mr. Keith and Dr. Sosne for the information. PUBLIC HEARING TO CONSIDER A REQUEST BY THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $6,000,000 FOR A SOLID WASTE DISPOSAL PROJECT FOR THE OCCIDENTAL CHEMICAL CORPORATION Attorney Wallace C. Murchison requested the Chairman to call for a MOTION to open the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to open the Public Hearing on the Solid Waste Disposal Project and issuance of revenue bonds by the New Hanover County Industrial Facilities and Pollution Control Financing Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing. Attorney Wallace C. Murchison, representing the New Hanover County Industrial Facilities and Pollution' Control Financing Authority, reported the Public Hearing on the solid waste disposal project for Occidental Chemical Corporation is essentially a second hearing on the same project, with the first hearing having occurred in the summer of 1992. He explained that the Authority's bonds are solely paid out of revenues from industry and are not part of the taxing authority of New Hanover County or the State of North Carolina. The revenue bonds in question are not to exceed $6,000,000 for the financing of a solid waste disposal project for Occidental. < Attorney Murchison introduced Mr. Gene Renzagl~a, Plant Manager of Occidental Chemical Corporation, located J.n Castle Hayne, North Carolina, and requested him to describe the project. Mr. Renzaglia reported the project would include the capping of a 16-acre lagoon that has been in existence since 1971. A semi- permeable liner will be used to capture the waters occurring naturally (primarily rainwater) and the State is requesting that the lagoon be capped so there will be no intrusion of any salts or oxides from the lagoon into the groundwater. He explained that a layer of stabilizing material will be placed over the lagoon topped with a semi-permeable liner which will have a layer of topsoil and natural grasses placed over the liner. Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Attorney Murchison requested the Commissioners to adopt a resolution approving the following items: (1) the project in principle; the issuance of Bonds by the Authority in an amount not to exceed $6,000,000 to finance the Project; (3) authorize the Clerk to the Board of Commissioners to provide a certified copy of this resolution to the N. C. Department of Commerce; and (4) stipulate that the resolution shall take effect immediately upon its passage. . Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the' resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. . - , o o o ~ . . .e '_. '<:.;',"; -~.J\'f<;'''~,r>:~ i-, ., """"IIIl ,j.~,', 'MiNUTES OF REGULAR MEETING, MAY 16, 1994 'PAGE ,7'6 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 9. PUBLIC HEARING TO CONSIDER SUBMISSION OF A COMMUNITY REVITALIZATION APPLICATION UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Staff Planner, Wanda Coston, presented a map of the proposed target area and a Project Overview for the Kirkland Community. An application will be submitted to receive a CDBG grant of $850,000 with a County match of $786,627 to provide sewer and street drainage improvements to the Kirkland Community. The local match will come from Water & Sewer District funds. Also, a portion of the State funds will be used to rehabilitate 32 houses in this community over a period of three years. In order to submit the grant application, a second Public Hearing must be held. The Commissioners were requested to conduct the Public Hearing and authorize submission of the grant application. commissioner Barone commented on the $850,000 grant funds from the State with a local match of $600,000 from the Water & Sewer District and inquired as to whether these funds are available? County Engineer, Wyatt Blanchard, reported the money is available; however, in constructing the Northside Wastewater Treatment Plant, $5 million will be needed to build the Ogden interceptor. commissioner Barone asked County Engineer Blanchard if he was approached about the $600,000 local match coming from the District budget? County Engineer Blanchard responded he was approached about the Kirkland Community Project. Assistant County Manager, Dave Weaver, reported at a recent Sewer Task Force meeting discussion was held on the availability of District funds, and the Task Force was informed that approximately $1.5 million had been allocated for upcoming projects including the Kirkland Community Project. He also explained that Water & Sewer District funds will be used for sewer, not for the rehabilitation of houses. By proceeding with this project, which will assist in providing sewer to this area, the County can also tap into the CDBG funds for rehabilitation of houses. Chairman Greer announced notice had been given that a Public Hearing would be held to consider submission of the grant application. He opened the Public Hearing and inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. , '. Motion: Commissioner Sisson MOVED, SECONDED by commissioner Barone to adopt the resolution authorizing the submission of the Community Revitalization Application under the Community Development Block Grant Program in an amount up to $850,000 with a County match of $600,000 for the Kirkland Community Project. The Chairman was authorized to execute the grant application. The floor was opened for discussion. Chairman Greer inquired as to whether the matching funds will be included for the FY 1994-95 Water & Sewer Budget? County Manager O'Neal explained that the grant will not be awarded until August, and the County match will not be required until February or March, 1995. No money will be budgeted until the grant is awarded. ~ ~- / ~~~T~~ OF REGULAR MEETING, MAY 16, 1994 PAGE. 771 Vice-Chairman Mathews inquired as to whether Outer Loop has been considered in providing sewer Kirkland Road? the Northern lines to the Planning Director Hayes reported this was considered during the planning process and the alignments from the state showed that the Northern Outer Loop project would be south of the Kirkland Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the grant application is on file in the Planning Department. CONSIDERATION OF SUPPORT FOR HR-124, EMPLOYER TAX CREDIT TO TEACH ENGLISH; HR-123, S-426, THE LANGUAGE OF GOVERNMENT ACT; AND HR- 2859, S-1678, THE NATURALIZATION CEREMONY IN ENGLISH Commissioner Barone reported the language legislation as presented in the agenda packet has already been approved in North Carolina, and an effort is being made to show there is local support for this legislation. She commented on the cost of printing government documents in several languages and requested support of the proposed legislation by New Hanover county. Chairman Greer inquired as to whether the Board has supported English as the first language? County Manager O'Neal reported the State of North Carolina has taken official steps to declare English as the official language of North Carolina; however, the county has not taken this step. commissioner Sisson reported he does not mind supporting English as the official language, but he does mind the language used in some of the supporting resolutions provided in the agenda packet. o commissioner Barone requested Commissioner Sisson to share his concerns so these items can be discussed. Commissioner Sisson expressed concern for one resolution. stating there is no industrialized nation of major significance that has been multi-lingual. Our neighbor to the North has been multi-lingual for several generations. Also, he expressed concern about the language used in the following statements: (1) "Nations which dominate have a dominant language"; and (2) "The federal government refuses to adequately control our natural borders". As. an elected official, he does not feel comfortable voting for resolutions with these types of statements. Motion: After further discussion, Commissioner Barone MOVED to support the resolutions as proposed with a letter of endorsement and copies of the resolutions being forwarded to the Congressional Delegation. The floor was opened for discussion. commissioner Caster commented on being supportive of English as the.official language but expressed concern for the wording in the other resolutions relative to immigration and the balanced budget amendment. -' THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. o MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Chairman Greer convened from Regular Session at 11: 00 A. M. until 11:40 A.M. to hold a Regular Meeting of the New Hanover County Water & Sewer District. - ........- N r . e e q,.,~'o"", .~ "'l"~."v-'~"- ""'IIIl ;~S~r- ~ , ~l""': MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 78 COMMITTEE APPOINTMENTS Appointments to the cape Fear Coast Convention , visitors Bureau Chairman Greer announced two vacancies exist on the Cape Fear Coast Convention & visitors Bureau in the following categories: (1) Attractions; and (2) Marketing, Advertising, & Public Relations. Only one application has been submitted for the Attractions Category with no applications submitted for the category of marketing. Eight applications have been received for at-large positions. He requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to appoint Jean Hopkins Bullock to serve a 3-year term on the Cape Fear Coast Convention & visitors Bureau representing the category of Attractions. The term is to expire May 31, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. commissioner Barone, the Commissioners' representative on the Convention & visitors Bureau Board of Directors, commented on the composure of the Board and emphasized the importance of having a person qualif ied in advertising and marketing. She recommended re- advertising this vacancy in order to recruit applicants in this category. Consensus: It was the consensus of the Board to direct the Clerk to the Board to re-advertise for recruitment of applicants to fill the vacancy in the Advertising, Marketing, and Public Relations category on the Convention & visitors Bureau Board. Reappointment of Lucretia Benjamin to Serve on the New Hanover Commission for Women Chairman Greer announced that one vacancy exists on the New Hanover Commission for Women and that Lucretia Benjamin is eligible for reappointment and desires to be reappointed. Three applications have been received. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to reappoint Lucretia Benjamin to serve a 3-year term on the New Hanover Commission for Women. The term is to expire May 31, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Wayne L. Hartsell, Sr. to Fill an Unexpired Term on the Board of Fire Commissioners Chairman Greer announced there is one vacancy on the Board of Fire Commissioners to fill the unexpired term of Walter Katz who resigned March 1994. Two applications have been received. Chairman Greer opened the floor to receive nominations. commissioner Sisson, the Commissioners' representative on the Board of Fire Commissioners, reported Mr. Katz submitted a resignation due to a change in his job which has required more time and has made it impossible for him to attend the meetings. In considering an individual to fill the unexpired term for the Myrtle Grove Fire District, which extends toward the southern end of the County, he would like to nominate Mr. Wayne L. Hartsell, Sr., who is a resident of the southern end of the County but does not live in the Myrtle Grove Fire District. The nomination was seconded by Vice-Chairman Mathews. There being no further nominations, Chairman Greer declared the nominations closed. vote: Chairman Greer called for a Wayne L. Hartsell, Sr., to fill the The term will expire July 1, 1996. UNANIMOUSLY. vote on the nomination of Mr. unexpired term of Walter Katz. Upon vote, the MOTION CARRIED ~. ~ ~ MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 79 Appointments to I-40 Chairman Greer Executive Committee received. Executive committee announced nine vacancies exist on the and reported nine applications have 1-40 been Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint the following persons to serve on the 1-40 Executive Committee and to designate Ms. Jane Peterson to be the coordinator for the Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. J. Paul Abrams Glenn A. Davis Donald A. Edlund John B. Horne H. Eugene Miller, III Dana Page Jane Peterson John Watkins Steve Woodard o Appointment of Eileen B. Rock to Serve on the Nursing Home Advisory Committee Chairman Greer reported one vacancy exists on the Nursing Home Advisory Committee. One application has been received in the name of Eileen.B. Rock. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to appoint Eileen B. Rock to serve a 1-year initial term on the Nursing Home Advisory Committee. The term is to expire May 31, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gree~ emphasized the importance of finding qualified persons to serve on the Nursing Home Advisory Committee and urged the Commissioners to recruit people to serve on this committee. Appointment of Harold B. Cloud to Serve on the Parks & Recreation Advisory Board Chairman Greer reported one vacancy exists on the Parks and Recreation Advisory Board due to the resignation of Dr. Lewis R. Atwood. Two applications have been received. o Chairman Greer opened to the floor to receive nominations. Commissioner Barone nominated Harold B. Cloud. The nomination was seconded by Commissioner Caster. commissioner Sisson nominated William E. Royals. The nomination did not receive a second. . , Vote: Chairman Greer called for a vote on appointment of Mr. Harold B. Cloud to fill the unexpired term of Dr. Lewis R. Atwood. The term will expire June 30, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer voting Nay: commissioner Sisson Appointment of Daniel W. Desmond to Serve on the wilmington/N~W Hanover Port, Waterway & Beach commission Chairman Greer reported one vacancy exists on the Port, Waterway and Beach Commission in the Commerce and Finance category. One application has been received in the name of Danie:'W. ~esmond. Motion: Commissioner Caster MOVED, SECONDED by vice-Chairman Mathews to appoint Daniel W. Desmond to serve on the Port, waterway & Beach commission for a 3-year term in the Commerce and Finance category. The term is to expire February 28, 1997. Upon'.vote, the MOTION CARRIED UNANIMOUSLY. . o . - e ....,,,;.,,;...... """"'lIIl "~'''''' ~, .~ MINUTES OF REGULAR MEETING, MAY 16, 1994 PAGE 80 ADDITIONAL ITEMS - COUNTY MANAGER Adoption of Proclamation Declaring "MAY 1994 AS NATIONAL DISABILITY AWARENESS MONTH" in New Hanover county Motion: commissioner Sisson MOVED, SECONDED by commissioner Caster to declare "May 1994 as National Disability Awareness Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A'copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 9. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Drainage Plan for New Hanover County Commissioner Sisson commented on drainage being a major problem in New Hanover County and recommended scheduling a Work Session to discuss how this problem should be approached. Presently, the only criteria for construction throughout the County is whether sewer is available. For land that does not perk, the provision of sewer does not address water retention or other discharge qualities that mayor may not occur on a parcel of land. He requested the Commissioners to keep this in mind because once the budget is adopted, he will be requesting a Work Session for discussion of this issue. Discussion of. Annexation Legislation - House Bill 968 Vice-Chairman Mathews commented on House Bill 968 allowing persons to vote on annexation and asked the Commissioners if they would like for this bill to be re-introduced? County Attorney Copley recommended a vote by the Board on re- introducing the bill. She also suggested that Vice-Chairman Mathews present this request to the local legislators at the Legislative Coordinating Council meeting scheduled fOr Monday, May 23, 1994. Commissioner Sisson asked if the bill is still in the Judiciary Committee? County Attorney Copley reported since the bill did not pass through the Judiciary Committee in the N. C. House of Representatives by May 2, 1993, the bill is considered dead. Vice-Chairman Mathews inquired as to whether the local legislators will consider this bill during the Short Session of the General Assembly since it is a controversial bill? County Attorney Copley responded that the bill would probably not be. considered in the Short Session, but would be considered in the Long Session beginning in January 1995. The Board can inform the local delegation of its concerns so they will be prepared to re-introduce the legislation in the Long Session. Motion: Vice-Chairman Mathews MOVED, SECONDED by commissioner Barone to request the local legislators to re-introduce the bill at the Legislative Coordinating Council meeting to be held on May 23, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Assistant to the county Manager, Pat Melvin, complimented for the coordination of county Government Week Vice-Chairman Mathews complimented the Assistant to the County Manager, Pat Melvin, and staff for an excellent job in coordinating county Government Week in New Hanover County. Request for support of H.R. 140 - Condit Bill Vice-Chairman Mathews reported the Condit Mandate Relief Bill, 'H.R. 140, has been supported by a majority of the members of the United States House of Representatives; however, the National ~ /-- ~J~~~~ OF REGULAR MEETING, MAY,16, 1994 PAGE'~l Association of Counties has requested all contact their representatives and senators 140/S993. county officials to to co-sponsor H.R. Discussion of street Lights for Castle Lake Estates Commissioner Barone reported on the letter received from the residents living in Castle Lake Estates relative to obtaining street lights and asked if the County can be of any assistance? Consensus: After further discussion, it was the consensus of the Board for the Chairman to write another letter explaining that the County cannot be of any assistance. o Larceny of Mailboxes Commissioner sisson reported he received a complaint from a resident living on Rogers Avenue (a dirt road off of Wrightsville Avenue where it intersects with Oleander Drive) about a problem being experienced with a person(s) going through mailboxes. The mailboxes are grouped at the front of the road and have been broken into several times. The residents have signed a petition requesting, the Post Master to relocate the mailboxes in front of each house so they can be observed. It appears that one person is responsible for the crime, and it might be beneficial for the Chairmap to write a letter to the Post Master requesting relocation of the mailboxes. Chairman.Gree~ suggested that Commissioner sisson write the letter to the 'Postmaster since he received the complaint. ADJOURNMENT Chairman Greer adjourned the meeting at 12:00 noon. Respectfully submitted, ~~~~ Clerk to the Board' o .~ ., i o , " . o '. w_fl j.~