1994-05-16 Regular Meeting
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MINUTES OF REGULAR MEETING, MAY 16, 1994
'PAGE "64
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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.
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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.
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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.
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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.
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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
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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
$16,373
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Dept. of social Services/CAP
Medical Supplies
"$'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.
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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.
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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.
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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
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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
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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
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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
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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
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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;
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(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
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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.
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The benefits to the statewide Calling Plan are as follows:
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communit~ Caller Plus Plan:
. .
(1) A seven digit number is used to call the areas listed
above.
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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:
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(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.
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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.
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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.
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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.
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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.
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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.
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. . '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
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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.
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BREAK
Chairman Greer called 'a break from 10: 00 A.M. until 10: 25 A.M.
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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. ,-
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.Motion: Commissioner Barone MOVED, SECONDED by commissioner Sisson
to appoint the following persons to .serve on the Task Force.
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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
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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.
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Consensus: After further discussi'on, it was the consensus"of the
Board to table this issue until further information is provided.
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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.
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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
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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.
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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. . - ,
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'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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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. .
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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.
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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
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~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.
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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,
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Clerk to the Board'
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