1994-08-22 Regular Meeting
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,.MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 2 J.7
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 22, 1994, at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer;
County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and
Clerk to the Board, Lucie F. Harrell.
commissioner William E. Sisson, Jr. was absent.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Dr. Ralph Holt, Pastor of Lake Forest Baptist Church, gave the
invocation.
commissioner Caster 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 an item listed on the Consent Agenda.
The following items were presented:
Introduction of Jeff Raifsnider, District supervisor of the Soil
and Water Conservation District
Mr. Jeff Raifsnider, District Supervisor of the area Soil and
Water Conservation District, introduced himself and stated he is
the new director of the Soil & Conservation offices located in
Wilmington and Burgaw, N. C. He urged the Commissioners to contact
the Wilmington office if the agency can be of any assistance to the
County.
Di~cussion of Water & Sewer District 6o-Day Billing cycle
Mr. Ray Anderson, a local landlord, expressed concern for the
water and sewer 60-day billing cycle, and for the landlord being
billed for water and sewer instead of the tenant or person using
the utility. The length of the billing cycle has created a problem
in the discovery of water leaks, and during a period of 60 days, he
received a $400 bill because a tenant was not aware of a leak. The
Commissioners were requested to change the current billing
procedure.
County Attorney Copley reported the reason for billing the
property owner was to hold this person responsible for payment of
the utility because of the frequent change in tenants and the cost
involved with trying to find tenants living in other parts of the
country.
commissioner Barone reported this problem can be resolved by
stipulating in the lease agreement between the landlord and tenant
that the security deposit will not be refunded if all utility bills
have not been paid.
County Manager O'Neal reported when the County went into the
sewer business there was a need to have control over how the sewer
was regulated. without a water system, the only way to have
control was through billing the landlord. since the County is in
the water business, it may be time to review the regulations.
Mr. Anderson suggested requiring the tenant to pay a deposit
on the utility when connecting to the service. He, again, stated
the landlord should not be held responsible for tenants that do not
pay their bills.
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MINUTES OF REGULAR MEETING, AUGUST 22, 3:994 ~.
PAGE 238'
After further discussion, the County Manager was requested to
check into this matter and report back to the Board.
Request for support of Grant Application being Submitted by The
Bottom community Organization
Ms. Nina Brown, a City Planner and a member of the Advisory
Board for The Bottom Community Organization, requested the
Commissioners to support the grant application being submitted by
this organization to the N. C. Department of Human Resources to
fund a Family Resource Center. The funding is part of the
Governor's Crime Bill, and this is an excellent opportunity to work
with a strong volunteer community group to fight crime in this area
by converting the old Tiffany's Lounge into a neighborhood
community center. The center will implement programs to provide
education on neighborhood safety, Community Watch meetings,
tutoring for children, parenting classes, adult education and
physical fitness classes.
Discussion was held on the use of funds. Ms. Brown reported
a small portion of the $75,000 grant will be used to hire a part-
time coordinator with volunteers used for staffing the center. The
community feels a majority of the funds should be used for programs
to provide the different classes that will be beneficial to the
citizens living in the neighborhood. The renovation of this
building into a family resource center will be a progressive step
toward.the reduction of crime in the-community.
County Manager O'Neal reported the City Council is very much
in support of this program.
Chairman Greer expressed ~ppreciation to Ms. Brown for her
comments and reported this is an adqitional item that will be
discussed after all regular agenda items have been completed.
Removal of Item 2 From the Water and Sewer Agenda to the Regular
Agenda
Vice-Chairman Mathews requested removal of. Item 2 on the Water
and Sewer Agenda to the Regular Agenda since the Grease Remova~
Ordinance is a part of the County Code and must be approved by the
Board of County Commissioners, not the Water and Sewer District
Board of Commissioners.
Consensus: It was the consensus of the ~oard to remove Item 2 from
the Water and Sewer Agenda to the Fegular Agenda.
APPROVAL OF CONSENT AGENDA
.Chairman Greer commented on his "no" vote on Page 228 and
requested the Clerk to check the recorded tapes to see if the vote
had been recorded correctly. He reported he thought he voted "yes"
but was not sure and recom~ended approval of the minutes with the
vote recorded as stated on the tape.
Chairman Greer requested removal of Consent Agenda Item 5 for
further discussion.
commissioner Barone requested removal of Consent Agenda Item
13 for further discussion.
Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to
remove items 5 and 13 from the Consent Agenda and approve the
remaining items as presented. upon vote, the MOTION CARRIED AS
FOLLOWS: '
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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Absent:
commissioner Sisson
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 239
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of August 8, 1994, reflecting a "yes" vote by Chairman Greer on
Page 228.
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Award of Contract #95-0083 to McKim & Creed Engineers, P.A. for
Engineering Services Related to Construction of a
construction/Demolition Materials processing Center
The Commissioners awarded a contract to McKim & Creed
Engineers, P.A. in the amount of $54,200 for engineering services
related to the construction of a Construction/Demolition Materials
Processing Facility. The Chairman was authorized to execute the
necessary contract documents.
A copy of the contract is on file in the Legal Department.
Approval of Change Orders for Additional Engineering Services by
Post, Buckley, Schuh and Jernigan, Inc. - Environmental Management
Department
The Commissioners approved the following change orders for
additional engineering services performed by Post, Buckley, Schuh
and Jernigan, Inc.:
Change Order 94-0245-01 - Landfill Transition Plan
Change Order 91-0116-03 - Cell 4A Construction
Change Order 93-0127-02 - Cell 3A Closure
Change Order 94-0161-01 - Constructed Wetlands
Net Request Payment to PBS&J
($4,276.00)
885.50
885.50
3.599.00
$1. 094.00
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Authorization to File state Aid to Public Libraries Grant
Application
The commissioners authorized the Library Director to file the
1994-95 State Aid to Public Libraries grant application. Two major
requirements of the grant are a free public library service and
maintaining local support. New Hanover County is eligible to
receive a grant award in the amount of $137,462.
Approval of Public Health Nurse I for New Hanover High School and
Approval of Budget Amendment #95-0024
The Commissioners approved a Public Health Nurse I position to
replace a temporary school nurse position at New Hanover High
School and approve the associated Budget Amendment as listed below.
Funding that was used for the temporary position and additional
funds in the amount of $7,262 awarded through a contract between
the School system and Health Department will pay for the full-time
position.
94-0024 Health Department/School Health
Debit
Credit
Health Department School Health
Contribution from Schools
$7,262
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Salaries & Wages
,FICA
Retirement
Medical Insurance
'~imited Disability Insurance
$3,727
$ 285
$ 459
$2,640
$ 151
Adoption of Resolutions Requesting the Addition of Roads to the
state Highway System
~ The commissioners adopted resolutions requesting the addition
of the following roads to the State Highway System:
Bright Leaf Road in willowbrook Subdivision
The Commons, sections 1-3
Huntington Forest, sections 3-6
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994 .
PAGE 240
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 17.
Approval of Tax Collection Reports Through July 31, 1994
The Commissioners approved the following Tax Collection
Reports through July 31, 1994, as submitted by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
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Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXII, Page 17.
Allocation of Additional Community Based Alternatives ICBA) Funding
to Youth serving Agencies and Approval of Budget Amendment #95-0026
The Commissioners approved the following Budget Amendment to
allocate the additional CBA funding received as a result of the
Special Session of the General Assembly on crime:
Budget Amendment #95-0026 Department of Social Services/Foster
Care/CBA outside Agencies
Debit
Credit
Department of social Services Foster Care
CBA Grant
$40,241
Contracted Services
$40,241
CBA outside Aqencies
CBA Grant
$40,240
Juvenile Psychological Services Program
Youth Connection Program
child Advocacy Commission/Project First stop
Juvenile Restitution Program
$24,282
$10,000
$ 995
$ 4,963
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Adoption of Resolution Authorizing the Finance Office to Dispose of
20-Foot Simmons Sea-Skiff Through A Private Sale
The Commissioners adopted a resolution authorizing the Finance
Office to dispose of a 20-foot Simmons Sea-Skiff, which has been
deaccessioned from the collection at the Cape Fear Museum, through
a private sale to the Cape Fear Museum Associates, Inc. at a price
of $500 pursuant to N.C.G.S. 16qA-267.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 17.
Approval of Budget Amendment #95-04 - Solid Waste Construction
Project - Environmental Management .
The Commissioners approved the following Budget Amendment:
95-04 Solid Waste Construction Project
Debit
Credit
Solid Waste Construction proiect
Bond Proceeds
$378,000
Solid Waste Construction proiect
Capital Project Expense
$378,000
Purpose: To increase the budget to the actual amount of bonds.
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Approval of Budget Amendment #95-0023 - cooperative Extension
The Commissioners approved the following Budget Amendment:
95-0023 - cooperative Extension
'Debit
Credit
Cooperative Extension
COOP - Child Care Block Grant
$'31,550
Cooperative Extension'
Salaries
$25,000
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 241
(Budget Amendment #95-0023 continued)
Debit
Credit
FICA
Retirement
Medical Insurance
Travel
Telephone
Printing
Departmental Supplies
$ 1,925
$ 1,245
$ 580
$ 1,400
$ 200
$ 200
$ 1,000
Purpose: To budget unexpended grant funds for FY 1993-94. The
grant was awarded and accepted in FY 1993-94; however, the Director
of Cooperative Extension did not decide until FY 1994-95 to proceed
with the project.
Approval of Budget Amendment #95-0022 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
95-0022 - Sheriff's Department
Credit
Debit
Sheriff's Department - Federal Forfeited
Propertv
Federal Forfeited Property
$183,650
Controlled Substance Tax
Controlled Substance Tax
$ 62,307
proiect Interdiction
Project Interdiction Grant
$ 1,515
Federal Forfeited Property
Beepers and Pagers
Maintenance & Repair - Equipment
Departmental Supplies
Capital outlay
Motor Vehicles
$ 2,500
$ 500
$ 25,000
$ 97,225
$ 58,425
$ 10,000
$ 40,000
$ 12,307
$ 1,515
Controlled Substance Tax
Departmental Supplies
Capital Outlay
Motor Vehicles
proiect Interdiction
Departmental Supplies
Purpose: To budget unexpended federal forfeited property and
controlled substance tax revenues, and to budget unexpended Project
Interdiction grant funds from FY 1993-94.
Approval of Budget Amendment #95-0021 - Emergency Management
The Commissioners approved the following Budget Amendment:
95-0021 - Emergency Management
Debit
Credit
Emerqency Manaqement
HMTA Grant
$2,252
Emerqency Manaqement
Departmental Supplies
capital Outlay
$1,861
$ 391
Purpose: To budget unexpended grant funds from FY 1993-94.
Approval of Budget Amendment #95-0020 - Health Department project
Assist
The commissioners approved the following Budget Amendment:
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 2.42
Budget Amendment #95-0020 - Health Department project Assist
Debit
Credit
Health Department/Proiect Assist
Project Assist Grant
$17,347
commissioners
Appropriated Fund Balance
$ 3,623
Health Department/Proiect Assist
Contract Services
Printing
Departmental Supplies
Travel
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$ 1,000
$ 3,000
$ 8,724
$ 1,000
Purpose:
(1) To adjust budget to actual FY 1995 Allocation
($33,307 + $5,500 = $38,807).
(2) To budget unexpended grant funds from FY 1993-94
($15,540) .
Approval of Budget
Transportation
The Commissioners
Amendment
#95-0019
Human
Services
approved the following Budget Amendment:
95-0019 Human Services Transportation
Debit
Credit
Human Services Transportation
TAP-Medicaid
Transportation Assistance
$ 693
$5,874
Human Services Transportation
TAP-Medicaid
Elderly
Disabled
$ 693
$3,587
$2,287
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Purpose: To adjust budget to actual FY 1995 Allocation ($34,376
E&D, $5,446 MTAP). To budget unexpended funds from FY 1993-94.
Approval of Budget Amendment #95-0~18 Health Department
Immunization Action Plan
0". The Commissioners approved the following Budget Amendment:
95-0018 - Health Department Immunization Action Plan
Debit
Credit
Health Dept./lmmunization Action Plan
lAP Grant
$4,265
Health Dept./lmmunization Action Plan
Departmental Supplies
Travel
$3,265
$1,000
Purpose: To bUdget unexpended grant funds from FY 1993-94. .
Approval of Budget Amendment #95-0017 - Sheriff's Department -
Federal Forfeited Property
The Commissioners approved the following Budget Amendment:
95-0017 Sheriff's Department - Federal Forfeited Property
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Debit
Credit
Sheriff's Dept./Federal Forfeited Propertv
Federal "Forfeited Property $18,257
Sheriff's Dept./Federal Forfeited Propertv
Depart~enta~ Supplies
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 243
Purpose: To budget additional revenue received in FY 1994-95.
Federal Forfeited Property revenues are budgeted as received and
must be used for law enforcement activities as the Sheriff deems
necessary.
Approval of Budget Amendment #95-014 - Environmental Management
(Recycling)
The Commissioners approved the following Budget Amendment:
95-014 - Environmental Management (Recycling)
Debit
Credit
Environmental Manaqement - Recyclinq
U. S. Forest Service Grant
$5,000
Departmental Supplies
$5,000
Purpose: To establish budget for grant awarded to Environmental
Management for the Pallet Composting Bin Project from the U. S.
Forest Service. The application/grant was approved at the meeting
of the Board of County Commissioners on June 20, 1994. The
majority of the required match will come from another grant awarded
from the Office of Waste Reduction ($4,667) for the same project.
Approval of Budget Amendment #95-0016 - Planning
The Commissioners approved the following Budget Amendment:
95-0016 Planning
Credit
Debit
Planninq
Rehabilitation Grant
Other
$68,200
$48,998
Planninq
Administration
General Contract
$ 836
$116,362
Purpose: To rollover unexpended grant funds from FY 1993-94. To
rollover unexpended County match from FY 1993-94.
Approval of Budget Amendment #95-0027 - Environmental Management
Landfill
The Commissioners approved the following Budget Amendment:
95-0027 - Environmental Management Landfill
Debit
Credit
Environmental Manaqement/Landfill
CAMA Wetlands Grant
$38,451
Environmental Manaqement/Landfill
Advertising
Contract Services
Printing
Travel
Construction
Capital Outlay
Departmental Supplies
$
$
$
$ 454
$20,000
$ 6,515
$ 7,323
1,800
1,759
600
Purpose: To rollover unexpended grant funds from FY 1993-94.
APPROVAL OF CHANGE IN SERVICE PLAN FOR PHOTOCOPIERS FOR THE NEW
HANOVER COUNTY LIBRARY AND APPROVAL OF BUDGET AMENDMENT #95-0028 -
'CONSENT AGENDA ITEM 5
Chairman Greer inquired as to why the proposal excluded the
cost of the paper under the new contract?
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County Manager O'Neal reported the purchase price of the paper
was.considered in the cost and the revenue will exceed last year's
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE.244
Motion: chairman Greer MOVED, SECONDED by Commissioner Caster to
approve changing the service plan for photocopiers at the Library
to the Danka ACCESS Plan as presented and approve the associated
Budget Amendment as listed below. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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Absent:
commissioner Sisson
Budget Amendment #95-0028 - Library
Debit
Credit
Librarv
Copy Fees
Books
Copy Expense
$30,150
$18,225
$11,925
Purpose: To budget additional revenue from new copier plan.
RATIFICATION OF RESOLUTION AND INTERLOCAL AGREEMENT WITH THE TOWN
OF WRIGHTSVILLE BEACH - CONSENT AGENDA ITEM 15
Commissioner Barone commented on directing staff to provide
the revised Wrightsville Beach ordinance before finally approving
the Interlocal Agreement to address the Board's concerns about the
County granting the necessary jurisdiction to the Town of
Wrightsville Beach for enforcement of town swimming rules, and
inquired as to why the revision was not included in the agenda
packet?
County Attorney Copley commented on confusion about the action
taken by the Board of County Commissioners at the August 8, 1994,
meeting and reported the Wrightsville Beach Town Manager advised
the Board of a proposed change in the Wrightsville Beach Town
Ordinance; however, since that meeting, the Board of Aldermen has
not finally adopted the revised ordinance.
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After discussion of ensuring that surfing will be allowed at
the northern end of the beach, Commissioner Barone recommended
adding the following verbiage (as underlined) to section 1 of the
Resolution:
1. New Hanover County hereby adopts, for that portion of
unincorporated New Hanover County situated to the north of the
Town limits, those Town of Wrightsville Beach ordinances,
rules, and regulations pertaining to swimming, as may be
amended from time to time by the Board of Aldermen and
approved by the Board of County Commissioners.
Motion: After further discussion of not having a copy of the
revised ordinance and the need to be sure surfing is allowed at the
northern end of the beach, Commissioner Barone MOVED, SECONDED by
Commissioner Caster to amend the resolution by adding the following
words to the last sentence. of section 1: "and approved bY the Board
of County Commissioners". Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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, .Absent:
commissioner Sisson
A copy of the revised resolution is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXII, Page 17.
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. A copy of the inteilocal agreement is on file ih the Legal
Department.
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 245
PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS
County Manager O'Neal reported unfortunately only one employee
scheduled to receive service awards could be present, and he
requested this employee to step forward to receive a service award:
Name Years of Service
Audrey W. Johnson - Property Management 10
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Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. Johnson for her ten years of dedicated service to New
Hanover County.
ADOPTION OF RESOLUTION ACKNOWLEDGING ACHIEVEMENTS OF NEW HANOVER
COUNTY TAX COLLECTION OFFICE
Motion: Chairman Greer read the resolution and MOVED, SECONDED by
Commissioner Barone to adopt the resolution recognizing the
achievement of the Tax Collection Office for its excellent tax
collection rate. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
Chairman Greer, on behalf of the Board, presented the
resolution to Ms. Patricia J. Raynor, the Tax Collector of Revenue,
and her Staff. Appreciation was expressed for achieving a tax
collection rate of 98.56% during the past year.
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Ms.
expressed
Office.
Raynor introduced
appreciation for
the
the
members of
recognition
Staff present and
of the Collections
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ACCEPTANCE OF THE 1993 TAX COLLECTION SETTLEMENT REPORTS AND
REAPPOINTMENT OF MS. PATRICIA J. RAYNOR AS COLLECTOR OF REVENUE FOR
FY 1994-95 AND CHARGE OF THE 1994 TAX LEVY
Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster
to accept the 1993 Tax Collection Settlement Reports, reappoint Ms.
Patricia J. Raynor as Collector of Revenue for FY 1994-95 and
charge her with the 1994 tax levy. Upon vote, the MOTION CARRIED
AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
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Copies of the 1993 Settlement of Tax Collections for New
Hanover County and the New Hanover County Fire District are hereby
incorporated as a part of the minutes and are contained in Exhibit
B~ok XXII, Page 17.
TAX APPEAL BY WOODMEN OF THE WORLD
Tax Administrator, Roland Register, reported Woodmen of the
World applied for exemption from property taxes on January 27,
19J4, for their land and building located at 204 North Kerr Avenue,
including rental space and office furniture owned by the tenants.
,
After consulting with the Assistant County Attorney, Kemp
Burpeau, who consulted with the Attorney General's office, it was
concluded that Woodmen of the World did not qualify for exemption
f~9m property taxes in North Carolina. This decision was reached
;be,9ause the recent legislation effective July 15, 1994, did not
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994_.
PAGE 246
expressly indicate that the legislation was retroactive; therefore,
the Tax Office recommends that the 1994 exemption request-be denied
based upon the following findings:
1. Woodmen of the World is not named specifically in the
North Carolina General statutes.
2. Woodmen of the World is not charitable, educational,
scientific, or literary.
3. Woodmen of the World is not significantly similar to a
fraternal or civic order, or an organization operated for non-
profit benevolent, patriotic, historical, charitable or civic
purposes. The organization may be fraternal, but there is no
significant indication that the organization is benevolent,
historical, charitable, or civic. As for patriotic, the award
of plaques and flags was deemed superficial and a meager part
of the overall activities. It appears that any contributions
of equipment (wheel chairs, crutches, etc.) was primarily to
the benefit of its members, a violation of the non-profit
charter which states, "no part of the net earnings of the
organization shall enure to the benefit of its members or
others."
4. The major activity of the organization, outside of the
purpose to encourage the "family unit", appears to be their
own insurance company, Woodmen of the World Life Insurance
Society.
5. Every day use of the building is rental space for the
business purpose of conducting business of the Life Insurance
Company. Woodmen of the World claims that 25% of the building
is used for conducting the life insurance business; however,
after a conversation on August 10, 1994, Lennon Insurance now
claims that 50% use of the building is for conducting life
insurance business. Regardless of a qualifying exemption, a
significant portion of the property and all personal property
of the renter must be taxed.
For 1995, the Board of County Commissioners will have to
determine if the property is being primarily used for the Woodmen
of the World Organization, or if the-property is being primarily
used for an insurance agency. During a visit by an Appraisal
Supervisor, it was found that the building was being primarily used
by the insurance agency.
Chairman Greer asked if the appellant would like to comment.
The following remarks were received.
Mr. Charles Lennon, Area Manager for the Woodmen of the World
Life Insurance Society, expressed concern for all the items
presented by the Tax Administrator. In his opinion when the
Attorney General and Legal Department determined that Woodmen of
the World was not legally tax exempt, all the pertinent facts had
not been presented.
Woodmen of the World Life Insurance society is a large life
insurance agency located in Omaha, Nebraska. The Woodmen of the
World Lodge 6, the owner of the property in question, is comprised
of 1,100 New Hanover County citizens, whose sole purpose is for
fraternal, charitable, non-profit, and patriotic activities in this
area. Life insurance is not sold by the Lodge: A 1936 notice from
IRS, marked Exhibit B, was presented which recognized the Woodmen
of the World Life Insurance Society as a non-profit organization,
tax exempt. A statement from IRS, marked Exhibit C, was presented
which reflected that individual lodges were considered separately.
The Commissioners were urged to consider these exhibits when
rendering a decision. A copy of the deed was presented reflecting
that the property is deeded to Lodge 6', Woodmen of the World, not
the Woodmen of the World Life Insurance Society. The property is
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 247
owned solely by Lodge 6 and can be sold without any prior approval
by the Woodmen of the World Life Insurance society.
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The Woodmen of the World Organization has been a non-profit
benevolent, patriotic, historic and charitable organization for
over a 100 years. Exhibit D was presented, which displayed the
number of lodges in eastern North Carolina, including Lodge 6, and
also reflected the types of projects sponsored by this
organization. A list of the following projects was presented and
emphasis was placed on the fact that funds used for these projects
were from the fraternal dues collected from the lodge members:
1. The presentation
Carolina to churches,
non-profit groups.
of 904
schools,
flags in southeastern North
fire departments, and other
2. The organization sponsored 438 Nursing Home projects in
southeastern North Carolina. Lodge 6 conducted many of these
projects.
3. Two-hundred and seventy donations were made by the lodges
to the Children's Home Program. These funds were used to
provide Christmas parties and gifts to the children in the
homes throughout North Carolina.
4. The adult lodges, including Lodge 6, gave over $7,400 to
victims of Hurricane Emily; $11,800 to the victims of the mid-
west flood; and a $400 donation by Lodge 6 to the victims of
the flood in Georgia.
e
Mr. Lennon read a list of agencies exempt from property taxes
in the state statutes and quoted the following section:
t".....similar fraternal or civic orders and organizations operated
'for non-profit, benevolent, parotic, historical, charitable, or
civic purposes..." He stated, in his opinion, the Woodmen of the
World Organization qualifies as, a tax exempt non~profit agency
under this portion of the statute.
As to the use of the office, Mr. Leonard explained that
members of Lodge 6 own the property and use the building for
meeting space. The Lodge has the right to rent a portion of space,
b~ state statute, and'he rents office space as the Area Manager for
Woodmen of the World Life Insurance Society. A map was presented
showing the use of space rented. The insurance company rents 36.4%
of space in the building with approximately 62% used by the lodge.
The Lodge does qualify in 1994 for tax exempt status for the 62%
used by Lodge 6 as outlined in House Bill 1725 and should not have
to wait until 1995 to qualify since this organization has been tax
exempt for 100 years.
......,.
vice-Chairman Mathews requested Assistant County Attorney,
Kemp Burpeau, to explain the portion of House Bill 1725 which
references the use of the building being available to the general
public.
e
Assistant County Attorney Burpeau reported this portion of the
legislation was included to address some modest incidental use
where there would be a particular function that may not be directly
related to some benevolent acti vi ties. The General Assembly
apparently did not want a small percentage of use to defeat the
overall tax exemption.
Vice-Chairman Mathews inquired as to whether this portion of
the legislation applies to the 34.6% referenced by Mr. Lennon?
Mr. Lennon stated the 62% used by the lodge and by the public
should not jeopardize the non-exempt status. The percentage used
by the Life Insurance Company should be taxed.
.....
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 248
Assistant County Attorney Burpeau reported the use must be
determined as to whether it is an on-going type of use or an
incidental type of use. He explained that the Attorney General's
ruling was based upon the fact that the Woodmen of the World
Organization was not specifically listed with the other groups,
such as the Knights of pythias, Loyal Order of Moose, or Odd
Fellows, etc.; therefore, it was felt that this organization was of
pr imary benef it to its members only, even though the Lodge did
sponsor many useful and helpful social projects.
o
Chairman Greer requested an explanation of how the law has
been changed for 1995?
Tax Administrator Register explained that the Woodmen of the
World Organization was referenced in the state statute for 1995,
but this organization was not referenced in the state statute for
1994; therefore, the Attorney General ruled this organization did
not qualify. Also, it is interesting to hear the lodge being
defined as small when there is a membership of 1,100 members. As
to the ownership of the building, the Tax Office recognizes the
property is owned by the Woodmen of the World Organization. Mr.
Lennon, the person representing this organization, is the
indi vidual with the vested interest in the insurance company. When
the Appraisal Supervisor visited the property and inquired as to
the portion of the building being used by the insurance company,
the receptionist responded that the entire building is used by the
business including the kitchen, bathroom, entrance and access.
During the visit, an individual came in to conduct insurance
business and that person was carried to the large Assembly Hall to
conduct the business. The Tax Office feels the substantial use of
the building is for the insurance business five days a week and
that a membership of 1,100 people could not meet in a building of
this size. By Mr. Lennon's own admission, this lodge has
experienced poor participation in the their projects; therefore,
this.is.an insurance business operating in a building owned by a
non-prOfit organization.
o
Mr. Lennon responded that the building is not there for the
benefit of the insurance company. There are 1,100 members;
however, not all meetings are attended by all members at one time.
As to. his insurance business in Wilmington, he can rent office
space.at any place in town; however, he has chosen to rent space in
this building. As to the visit by the Tax Supervisor, the only
person in the office was a new employee who may not have understood
how the space is used. The Assembly Hall and kitchen are used by
the Lodge. Also, decisions rendered by the Attorney General's
office are based upon the information presented; therefore, if
three people inquire about an item with the presentation of
different information, three difference opinions will be rendered.
The Commissioners were requested to exempt the Lodge from 1994
taxation. The Lodge is willing to pay taxes for the portion of the
building that is rented to the insurance company. This is a
charitable organization and should not be discredited.
commissioner Caster commented on belonging to churches that
have scrupulously avoided any type of business being conducted in
the church to avoid any jeopardy of their tax exempt status, and he
expressed surprise for the Lodge allowing any business to locate in
the building.
o
Mr. Edward.C. McNair, a member of the Woodmen of the ,World
Organization for 55 years, reported until the Lodge purchased the
property, no problems were experienced. Also, while visiting the
Lodge. frequently, he has never seen more than one or two people
conducting insurance business, and this business was not conducted'
in the Assembly Hall. As to 1,100 members, this has nothing to do
with the tax appeal. The Commissioners were requested to grant the
1994 tax exempt status.
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MINUTES OF REGULAR MEETING, AUGUST '22, 1994
PAGE 249
County Attorney Copley asked if an insurance policy had to be
purchased from the Woodmen of the World Life Insurance society in
order to become a member of the Lodge?
Mr. Lennon explained that every person who purchases a Woodmen
of World Life Insurance policy becomes a member of a Woodmen of the
World Lodge. The members become active by going to meetings and
taking various pledges. There are only three counties in North
Carolina that have questioned the legislative issue. When House
Bill 1725 was enacted adding Woodmen of the World to the state
statute, it would have been no problem for this action to have been
retroacti ve to 1994; however, this was not requested in the
legislation.
Chairman Greer reported after hearing the evidence, it appears
that the insurance business does use at least 50% of the space to
conduct business including the entrance and access points;
therefore, he feels 50% of the property should be taxed for 1994.
Motion: Chairman Greer MOVED, SECONDED by commissioner Caster to
assess taxes for 1994 on 50% of the property. Upon vote, the
MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: commissioner sisson
BREAK
Chairman Greer called a break from 10:18 A.M.until 10:36 A.M.
DISCUSSION OF ITEM #10 ON THE CONSENT AGENDA - ALLOCATION OF
ADDITIONAL COMMUNITY BASED ALTERNATIVES ICBA) FUNDING FOR YOUTH
A~Ncr~ )
Mr. Michael Friend, Treatment Director with the Friends and
Outpatient Treatment Center, reported the Friends Center has a
program called Project Champ, which is coaching human beings about
'attitudes, motivations, and the purpose of life. The Center works
with young adolescents that have become involved in dangerous
cults. Unfortunately, there are cults in our area, and this is the
only program that provides assistance to young adolescents. He
urged the commissioners to consider funding this agency from the
additional CBA funds that were received from the state.
. ,
Chairman Greer explained that all programs providing services
to the youth are eligible to receive CBA funds; however, funding
requests must be submitted and reviewed by the Human Services
Allocation Advisory Committee in order to be recommended for
f~nding.
..,:'
Mr. Friend reported he was aware of this procedure; however,
he,would like for the Commissioners to reconsider this decision.
, '
No action was taken.
ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$5,000,000 SCHOOL BOND ANTICIPATION NOTES
,,' Chairman Greer reported the Board is being requested to adopt
a resolution authorizing the issuance and sale of $5,000,000 School
"'Bo~d Anticipation Notes. He introduced the resolution and
announced he would not read the entire document since the
Commissioners were furnished a copy of the resolution in the agenda
packet.
.~'" '+
Motion: Chairman Greer MOVED, SECONDED by commissioner
~~bpt the bond resolution as introduced and presented.
,flle'MOTION CARRIED AS FOLLOWS:
~i'
".
Barone to
Upon vote;
.....
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 250
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner sisson
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 17.
ACCEPTANCE OF CELLULAR EQUIPMENT AND AIR TIME FOR DAMAGE ASSESSMENT
Director of Inspections, Sky Conklin, reported a project is
underway to significantly re-engineer the manner in which the
Inspections Department fulfills its public safety responsibilities.
By equipping Inspections with very powerful lap top computers
connected to the County's main frame by two-way radios, Inspectors
will have the data and communication ability to function with very
little time spent in the office. In private industry this is
called the Mobile Office concept. To test and authenticate this
concept, the County has purchased four lap top computers which are
being loaded with programs relevant to code enforcement.
Dur ing this process , it became apparent to Staff that an
immediate and extremely beneficial use of lap top computers would
be for damage assessment following a major disaster such as a
hurricane. Currently, there is a tedious manual data collection
process in the field followed by the time consuming job of filling
out four forms per dwelling. with the use of the lap top computer,
this manual process for data collection will be eliminated.
while the lap top computer is an excellent mechanism for
storing data, returning this information to the Emergency
Operations Center requires an over-the-air link. Celluiar One, the
County's cellular vendor has offered to provide, free of charge,
the necessary equipment (cellular phones and data bridges). Also,
Cellular One has offered to provide free of charge the air time
required to send this data from the field units to the Emergency
Operations Center. This offer is valid for the duration of damage
assessment and includes the use of equipment and air time necessary
for periodic readine'ss testing, Staff recommends acceptance of
this offer for free equipment and free air. time during damage
assessment.
Discussion was held on the use and cost of the equipment after
the damage assessment. Director Conklin reported there is no exact
dollar figure for the use of the phones following damage
assessment.
Motion: Vice-Chairman Mathews MOVED, SECONDED by commissioner
Caster to accept the offer from Cellular One for use of equipment
and air time for the duration of damage assessment after a disaster
or hurricane. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
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 10:50 A.M. to
hold.a meeting of the New Hanover County Water & Sewer District.
,. ... ~, - - . - ~
-
Chairman Greer reconvened to Regular Session at 10:58 A.M. .
STATUS REPORT ON THE NEW HANOVER COUNTY PARTNERSHIP FOR "CHILDREN
Dr. Mark Lanier, Chairman of the New Hanover County
Partnership. for Children, expressed appreciation' to' the
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 251
commissioners for appointment of Commissioner Caster
county Manager, Andrew J. Atkinson, to serve on
Partnership Board of Directors.
and Deputy
the local
Dr. Lanier reported Smart Start is a State program that
provides funds to develop a local plan to address local needs so
that children, ages 0-5, in New Hanover County are healthy and
ready to start school. There are over 7,000 children in this age
group with over 50% of these children being eligible for Medicaid.
The local non-profits and agencies providing services to these
children have not failed; however, these agencies are operating at
capacity and need new funds to improve the local community by
working together to fill in the gaps. Many State funds are very
specifically earmarked for services provided to these agencies, and
funding from Smart Start will provide the funds necessary for these
agencies to work together to provide these needed services.
Smart start funds could be used to provide day care to all
children, such as the children on the waiting list for day care
subsidy. Funds could be used for health care needs, for children
with special needs, transportation, or to increase the story hours
at the Public Library. Again, Smart Start provides an opportunity
locally for us to use our dollars that have been sent to Raleigh
for the specific needs of New Hanover County.
In 1993, the New Hanover County Partnership for Children
developed a core membership of 150 individuals representing over 50
organizations and fostered communication between those members. A
Needs Assessment was prepared and was part of the application
submitted last year. The application this year will contain a
Needs Assessment and an identification of the Partnership's
commitment to address these needs. The application will not
include specifics about where dollars will be appropriated. After
funds have been received, a plan will be developed as to how the
funds should be appropriated. The Board of Directors will
determine how the funds will be used.
The Board of Directors will include a County commissioner, the
County Manager or Deputy County Manager, a representative of the
local religious community; a representativ~ of a local foundation;
directors of the Department of Social Services, Mental Health
Agency, Health Department and other agencies involved; the
Superintendent of Schools; the President of Cape 'Fear Community
college; parents; business leaders; etc. as listed in the enabling
legislation.
In 1994, the local Partnership for Children formed its Board
of Directors, elected off icers and committee chairpersons and
established an Advisory Council. This structure will have to be
amended to conform with the legislation enacted in 1994 because the
G~neral Assembly amerided the act extensively to address the
concerns expressed last year. For example, any home-centered
services (which are not a part of the plans in most counties that
were funded in 1993-94) will require the written, informed consent
of the participating parents. Also, protection for private
providers from reductions in the subsidized child day care rate was
legislated.
State funds were received to complete a more thorough
assessment of the current and anticipated needs of local families
and their children, which was coordinated by the Department of
Social Services and the UNC-W Survey Research Laboratory. The
Partnership has attended various workshops, and conferences focused
9n building collaborative community partnerships. On August 11,
1994, the application for 1994-95 was received by the Partnership
and that information was forwarded immediately to the Board of
County Commissioners.
, ,~
Through various meetings, public forums, media, and contacts
with the County commissioners, Board of Education, Board of 'Health,
.
.....
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 252
Board of Social services and others, the Partnership will solicit
broad input into the development of an application for funds for
1994-95. The Partnership will return to the Commissioners on
September 6, 1994, with the hopes that all concerns have been
addressed about the Smart Start Program.
Dr. Lanier expressed appreciation for an opportunity to update
the Commissioners on Smart Start and reported he would be glad to
answer any questions.
commissioner Barone commented on requesting Dr. Lanier to
forward a copy of last year's application, and she inquired as to
whether a copy had been found?
Dr. Lanier responded that a copy of the last year's
application will be forwarded to Commissioner Barone.
commissioner Barone commented on the many new programs and
services that will be funded by Smart Start and expressed concern
for these programs being shifted to the County at a future date if
the State decides to withdraw its funding.
Dr. Lanier explained that he understood this concern; however,
a positive point is that the State saw fit to place this funding in
the Continuation Budget which means the funding will likely remain
at its present level or be increased. The General Assembly and
Governor have indicated their strong support of the program and the
need to expand funds to the number of counties that are provided
Smart Start dollars as well as expand the dollars going to the
counties after they have been selected.
Vice-Chairman Mathews inquired as to whether the local Board
will have any voice in the curriculum of local programs?
, Dr. Lanier reported the local Board will have almost complete
control over the local plan as long as the activities are included
in the intent of the legislation. The menu represents not just day
care,. but various types of day care services; various types of
health care services; social services, and library services. In
essence, those funds can be channeled to any area that would
benefit the 0-5 population in New Hanover County.
Vice-Chairman Mathews inquired as to the number of members
that will appointed to the local Board?
Dr. Lanier reported 18-19 members will be appointed to serve
9n,the, local Board of Directors.
commissioner Barone expressed concern for creating, another
bureaucracy and asked if existing school buildings can be utilized
for these programs?
Dr. Lanier explained that Smart Start funds are not used for
capital projects; therefore, existing facilities will be used for
the delivery of services. As to a bureaucracy, this program is
quite different from other State programs because in most cases a
stand-alone organization has to be established; whereas, with Smart
Start the Partnership Board of Directors will decide what elements
to include, in the plan, and the funds will be channeled into the
existing organizational structures, such as the Health Department,
the Department of Social Services, the New Hanover county School
System, etc. There is a cap on the amount of funds that can be
used for administrative overhead.
commissioner Barone inquired as to the'amount ,of the cap?
Dr. Lanier reported the cap is either $100,000 or a percentage
figure.
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 253
commissioner Caster asked the following 'questions:
1.
How was the group that met last week appointed?
e
Dr, Lanier explained that this was the initial volunteer group
that was interested in children and their families. Periodic
meetings were held to discuss the needs of children in New
Hanover County and the types of needs that could be addressed
with the type of funds that were being discussed in the
General Assembly. Anyone attending these meetings became a
member of the New Hanover County Partnership for Children. In
January 1994, it was decided an organizational structure was
needed to assume responsibility for calling the meetings and
associated duties. Officers were' elected and committee
chairpersons were appointed.
2.
How was the Advisory Council appointed?
Dr. Lanier reported these individuals were selected by
recommendations from the membership and subsequent phone calls
to persons willing to volunteer to serve. The Partnership
Board of Directors and Advisory Council have met only one time
because it was not known what changes would be made by the
General Assembly during the Short Session. If the Partnership
is fortunate enough to gain support from the Board of County
Commissioners, submit an application and receive funding, the
Board of Directors will have a year to develop a local plan
for New Hanover County.
3.
Did the Partnership receive funding in the amount of $15,000?
If so, how was this money used?
e
Dr. Lanier reported the N. C. Department of Human Resources
provided grant funds to county partnerships that applied for
Smart Start and these funds were used to develop a Needs and
Resources Assessment. The.; local Partnership submitted an
application and received $15,515, and has not requested an
allocation from the State; however, $7,500 of this amount was
accounted for through the Cape Fear community Foundation.
Only $3,000 has been expended of the $7,500, which was used to
compile the Needs and Resources Assessment, Phase II.
4.
will Smart Start presentations be made to the Board of Health
and the schools?
Dr. Lanier reported he will a'ppear before the Board of Health
after Mr. John Coble has determined the best way to present
the program. As to the schools, he is in the process of
'making this inquiry.
5. Has a Needs and Resources Assessment been prepared and
published?
Dr. Lanier reported a Needs and Resources Assessment has been
prepared in a draft form. He offered to forward a copy to the
Board of County Commissioners.
'e
6.
Commissioner Caster commented on Page 3 of the application and
riquested an explanation of seed money in this paragraph.
Dr. Lanier reported the seed money will be used to find ways
to better integrate services among the various agencies.
7. Were the local hospitals or the Board of Health asked to
participate in the performance of the Needs and Resources
Assessment?
Dr. Lanier reported the Needs and Resources Assessment
required surveys of several different groups including the
directors from all the health care agencies. Therefore, the
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994 .,
PAGE 254,
Health Director should have been included in the assessment.
As to the hospital, he is not sure.
8. Who will appoint the remaining members to the local Board of
Directors?
Dr. Lanier reported the Partnership would welcome input from
the Commissioners in the designated ex-officio (voting)
representatives, such as religious leaders, family
representatives, and others. The Partnership Board will have
recommendations of people currently serving on the Board in
some of the categories.
9. Who will appoint the business representatives?
Dr. Lanier reported this will depend on the sequence of
events. The new Chairman of the Board of Directors will
probably make those appointments. This is an excellent
question, and the answer is not clearly defined in the
legislation. The initially appointed designated members, such
as a County Commissioner, County Manager and/or his designee,
Director of Health Department, Director of the Department of
Social Services, etc., should be responsible for appointing
the members of the local Board who are not appointed.
10.
How will the salary increase for day care
affect the cost of day care, and what impact
working people who do not receive apy
assistance?
center employees
will this have on
type of public
,
Dr. Lanier reported the average salary for a full-time early
childhood teacher in New Hanover County is $5.07 per hour,
which is below the State wage of $5.64 per hour. The Smart
Start Program will not mandate an increase in the hourly rate.
If the local board should decide that day care providers
needed assistance with training, this would be a way to
address two issues: (1) improve the qualify of day care
without increasing the salary rate directly; however, this may
help the providers to move up within the day care career
ladder and obtain better positions; and (2) if the waiting
list for subsidized day care was eliminated, then each
provider receiving SUbsidized day care would be in a position
to.pay more to their workers and not be forced to charge any
more to full paying parents.
11.
What are in-home services?
. .
Dr. Lanier reported home-centered services are visits to the
home to teach a mother about nutrition, provide literacy
training to the mother, or teach the mother how to help tre
child with education when entering school. Any services
performed at the home are in-home services.
Chairman Greer commented on the signature portion of the
application which reads as follows: "My signature below indicates
that I am committed to fulfilling the responsibilities summarized
above and described in the. Smart Start request for application..."
and expressed concern for signing a document when only one meeting
has been held and all the members of the restructured local Board
have not been appointed.
.'
Dr. Lanier reported the deadline for submission of the
application is September 8, 1994. At a training conference, this
matter was discussed and it was understood by the State Board that
all members will not be appointed to the local boards by this date;
therefore, signatures will be obtained from persons already
appointed.
.... .
" . County
application
Manager O'Neal reported the 'difference in this
and other grant applications is that most applications
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 255
are for a pre-determined project or program and the grant funds
awarded are used for that specific purpose. The 'Smart Start
application will allow New Hanover County to become. eligible to
receive funds with the local partnership board determining the use
of funds as to local needs.
Chairman Greer reported this is not what is written on the
application. If he had been the County Commissioner appointed to
serve on this local board, he would have a diff~cult time signing
a document stating he is fully committed to the program without
having any prior involvement in the program.
Dr. Lanier reported, in a sense, the person executing the
application is committing to a concept, not a specific plan as to
how the funds will be used.
Chairman Greer reported Smart Start was presented to the Board
of County Commissioners last year and was not successful; however,
the legislation has changed. The Commissioners are now being
requested to support the local program, and in his opinion, it may
have been better if the Board had not been asked to reconsider this
request with the unsuccessful attempt made last year.
Dr. Lanier reported the Partnership Board very much desires
the support of the Board of County Commissioners and will accept
the decision rendered.
Commissioner Barone inquired as to whether a completed
application will be received by the September 6, 1994 meeting?
County Manager O'Neal reported this
agenda for September 6,1994, and Dr.
information as soon as possible.
item will be placed on the
Lanier will forward the
Ms. Sarah Norris, the owner and director of Total Child Care,
stressed the importance of seeing a situation instead of reading
about it. She invited the Commissioners to reserve a half day to
visit her facility as well as other day care centers throughout the
county. She stated after visiting a few child day care centers,
she feels the Commissioners would gain insight as to what is
h?ppening with day care and the children in New Hanover County.
'Chairman Greer expressed appreciation for the invitation.
Dr. Lanier announced a public forum will be held on August 25,
1994, at 7:00 P.M. in Cameron Hall Auditorium, Room 105, at the
University of North Carolina at wilmington, for a review of the
Needs and Resources Assessment and to obtain community input into
the application process. The Commissioners were invited to attend.
~ .;
Chairman Greer expressed appreciation to Dr. Lanier for the
presentation.
BREAK
Chairman Greer called a break from 11:40 A.M. until 11:45 A.M.
TAX APPEAL FOR COVENANT CHURCH
Tax Administrator" Roland Register, reported the Covenant
Church purchased the property in 1987 and failed to file for an
application of exemption until October 17, 1990. North Carolina
General Statutes allow the Board of County Commissioners to approve
the delinquent application in the year the untimely application was
filed. There are no legal provisions to exempt the years prior to
the year of application. The church was notified on October 26,
1990 that 1988 and 1989 taxes remain valid. After discussion with
the Legal Department, there is no legal basis to offer relief of
either tax or interest for the petitioner'S failure to file a
timely claim for the exemption. The Tax Department and Legal
Department feel the 1988 and 1989 taxes should remain valid in
order to comply with North Carolina Tax Law.
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 256
Chairman Greer asked if the appellant would like to comment.
The following remarks were received:
Mr. Thomas C. Goolsby, the attorney representing the Covenant
Church, apologized for being late due to a hearing in Federal Court
and presented the following chronological background on the tax
appeal for the Covenant Church.
In October 1987, the Covenant Church purchased the church from
the Born Again Baptist Church. On March 9, 1989, the Covenant
Church received a letter from the Tax Administrator about past due
taxes for 1988, in the amount of $1,360.23. On October 17, 1990,
Reverend Finley, the pastor at that time, submitted an application
for the property tax exemption. The application was later accepted
by the Tax Office and the church received a property tax exemption.
At this time, Reverend Finley requested forgiveness of the back tax
assessment. On October 26, 1990, the Tax Administrator denied the
exemption on back taxes citing N.C.G.S. 10S-282.1(b) and informed
Reverend Finley he could seek an appeal. On November 21, 1990,
Reverend Finley appealed the ruling and nothing was heard from the
case until February 9, 1993, when the Tax Administrator forwarded
a letter in response, three years later, to Reverend Finley's
request stating it was unfortunate the letter had been misplaced
and that the attorney was prepared to take action on the case.
Attorney Goolsby reported the property has for many years been
used as a church and exempt from property tax before the property
was purchased by the Covenant Church. It was not listed at that
time, and once it was discovered, the taxpayer asked for an appeal
under N.C.G.S. 10S-282.1(c). The Tax Office is dealing with
subsection (b) instead of Subsection (c) which reads as follows:
"When an owner of property that may be eligible for an
exemption or exclusion neither lists the property nor files an
application for an exemption or exclusion, the assessor as
appropriate shall proceed to discover the property. If upon
appeal, the owner demonstrates that the property meets the
conditions for exemption or exclusion, the body hearing the
appeal may approve the exclusion or exemption."
Attorney Goolsby reported property is automatically listed by
New Hanover County; therefore, since the law does not address this
matter, he would, argue the onerous is not on the property owner
since the County performs the listing. This law, Subsection (c) has
been established to allow the owner of the property (in this case
the Covenant Church) to appeal to the Board of County Commissioners
for failing to properly li~t or file for a tax exemption. Also,
this law allows the Board of County Commissioners to forgive the
back taxes and grant the property tax exemption to the Covenant
Church. The law does not require punishment of a tax exempt church
for a technical violation. The spirit of the law is not to tax
churches. The Commissioners were requested to consider the tax
appeal, grant a property tax exemption to the Convent Church, and
forgive back taxes as allowed under Subsection(c).
Tax Administrator Register reported after purchase of the
property in 1987, the owners failed to file an application for
exemption until October 17, 1990. Statutes allow the Board of
County Commissioners to approve the delinquent application "in the
vear the untimelY application is filed."
.
The church was approached several times about payment, of back
taxes and the exemption; however, no response was received from
Reverend Finley. A tax bill and'delinquent tax bill were maiTed to
the church iri'1988 and Reverend Finley ignoreg the notic,es, 'and did
not respond. In 1989, the attorney contacted Reverend Finley to
notify him that legal action would be taken,' and,' 'again,' no
resp.onse was, received. After' the Tax Office decided to move
forward ,with'collection'of the unpaid taxes, 'the 'church filed an
application' on October 17, 1990. In 1987, the'Gerieral Assembly
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 257
revised N.C.G.S. 105-282.1. The intent of this revision was to
provide a window that would allow an individual a year to make a
delinquent application with authorization for the Board of County
Commissioners to rule on the application of taxes for that
particular year. After review by the Legal Department and Tax
Department, it is felt the Board has no legal provision to exempt
the property retroactively, and the Machinery Act does not have a
provision to forgive interest.
commissioner Barone requested an explanation of Subsection C.
Assistant County Attorney, Kemp Burpeau, reported the 1987
amendment did add the window of time; however, this was added after
Subsection C as referenced by Attorney Goolsby. The Commissioners
could have a potential liability if an exemption is granted.
Mr. Goolsby reported the change occurred in Subsection A
without a change in Subsection C; therefore, this section continues
to stand on its own. In New Hanover County, property is
automatically listed. Subsection C deals with the owner being
required to list the property, which is not the case in this
situation. The owner did not list the property and is seeking an
exclusion. In his opinion, Subsection C does apply in this case,
and the commissioners should apply the law.
commissioner Caster inquired as to when Subsection C was
enacted by the legislature? Attorney Goolsby reported this law has
been on the books for many years.
Tax Administrator Register reported Attorney Goolsby is
referring to a discovery. In this case, there is no discovery. In
prior court cases, it has been determined that a county has a right
to expect taxes based on the value of property when the application
or listing is made. It would be unfair to a county to have an
open-ended situation where the county would expect to collect taxes
on basic values in the files, and then allow individuals to file
for exceptions, which would result in a loss of expected revenue
for the county's budget.
Attorney Goolsby emphasized the fact that the property was not
listed by the taxpayer but by New Hanover County. The County
accepted the tax exemption for the Covenant Church in 1990;
therefore, the commissioners are being asked to accept the tax
exemption for the previous years for property which has always been
tax exempt.
Discussion was held on the General Statutes not providing a
Yegal means to offer relief of the taxes or interest in this case.'
Chairman Greer and Commissioner Caster expressed regret for not
being able to provide some form of relief, but also emphasized the
:fact that the commissioners must comply to the law or they could be
personally liable.
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Ms. Bonnie Pack, a member of the Covenant Church, commented on
th~ church being very small and stated a member of the church keeps
the books and records. The er-ror was an honest mistake, and the
amount of taxes due is $1,000 more than the present balance of the
church'S checking account.
"
Reverend Jeff Kennedy, Pastor of the Covenant Church,
commented on the appeal submitted by Reverend Finley, which was
misplaced by the Tax Office, and inquired as to why the church
.should pay interest for three years when the Tax Office did not
-properly respond to the appeal. The property is tax exempt, and in
'nl's opinion the Woodmen of the World, Inc. pleaded a ,case of
~ex~mp~ion and some relief was granted to this organization. How
,cari,. the County commissioners charge a property tax on property
"'owned by the church. He requested the Commissioners to provide
s~~e type of relief under .Subsection C as presented by Attorney
Goolsby.
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994 .
PAGE .258
County Attorney Copley reported the Commissioners
the Collector of Revenue to work out a payment plan. for
to assist with payment of the delinquent taxes.
can direct
the church
Chairman Greer reported he would be in favor of requesting the
Tax Collector to work out a plan and stated the members of the
church must realize that by law, the County Commissioners cannot
provide relief in this situation. Speaking for himself, he cannot
and will not break the law.
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Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to
deny the appeal and uphold the recommendation of the Tax
Administrator. The Collector of Revenue was requested to work out
a payment plan with the Covenant Church for payment of the back
taxes and interest. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Absent: Commissioner Sisson
COMMITTEE APPOINTMENTS
Reappointment of Mr. Russell B. Long, Sr. and Mr. Harry Dorsey to
Serve on the New Hanover County Board of Examiners of Electricians
Chairman Greer reported two vacancies exist on the Board of
Examiners of Electricians and no new applications have been
received; however, Mr. Russell B. Long, Sr. and Mr. Harry Dorsey
desire to be reappointed to serve another term.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to
reappoint Mr. Russell B. Long, Sr. and Mr. Harry Dorsey to serve
two-year terms on the Board of Examiners of Electricians with the
terms expiring September 2, 1996. Upon vote, the MOTION CARRIED AS
FOLLOWS:
o
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
Appointment of Ms. carolyn I. Lyons to Serve on the wilmington/New
Hanover county Insurance Advisory Committee
Chairman Greer reported one vacancy needs to be filled on the
Insurance Advisory Committee. Only one application has been
received in the name of Carolyn I. Lyons.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to appoint Ms. Carolyn I. Lyons to serve on the
Wilmington/New Hanover County Insurance Advisory Committee for a
three-year term to expire June 8, 1997. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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'Absent:
commissioner Sisson
Appointment to Library Advisory Board
Chairman Greer reported four vacancies exist on the Library
Advisory Board and six applications have been received. Two of the
applicants, David Carnell and Joan A. Harrison, are eligible for
reappointment and desire to be 'reappointed.
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MINUTES OF -REGULAR MEETING, AUGUST 22, 1994
PAGE 259
Motion: commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to reappoint Mr. David Carnell and Ms. Joan A. Harrison, to
serve three-year terms on the Library Advisory Board with the terms
to expire August 31, 1997. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
Chairman Greer opened the floor to receive nominations for the
two remaining vacancies:
commissioner Caster nominated Frank S. Conlon. Vice-Chairman
Mathews seconded the nomination.
Vote: Upon vote, the MOTION CARRIED AS FOLLOWS to appoint Frank S.
Conlon to serve a three-year term on the Library Advisory Board.
The term will expire August 31, 1997.
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
Vice-Chairman Mathews nominated Dorothy Manning. Commissioner
Barone seconded the nomination.
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Vote: Upon vote, the MOTION CARRIED AS FOLLOWS to appoint Dorothy
Manning to serve a three-year term on the Library Advisory Board.
The term will expire August 31, 1997.
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
APPOINTMENTS TO THE NEW HANOVER COUNTY CRIMINAL JUSTICE PARTNERSHIP
ADVISORY BOARD
County Manager O'Neal reported during the Short Session of the
N. C. General Assembly, the State and County Criminal Justice
Partnership Act was funded for the purpose of creating local
advisory boards to develop community-based solutions to problems of
rehabili tation and punishment for criminal offenders. The goals of
the local Advisory Board are to develop programs that will reduce
the number of probation revocations, reduce alcohol and drug
dependency among offenders, and reduce the cost of incarceration
now being paid by counties and the State of North Carolina.
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As outlined in the legislation in the agenda packet, the
Advisory Board must be composed of at least 10 members and no more
t~an 20 composed of representatives from the various categories.
let _, In order to move forward with preparing the grant application,
-th~ commissioners ar8 being requested to make the following initial
a~pointments with all appointments being made by September 6, 1994:
"
County Commissioner
Andrew J. Atkinson, Deputy County Manager
Ernest B. Fullwood, Senior Resident Judge
Designee appointed by Judge Goodson of the District
Jerry Spivey, District Attorney
captain Steve smith, Sheriff's Department
Court
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MINUTES ,OF REGULAR MEETING, AUGUST 22, 1994.. ,PAGE ,,260
Major Ricky simpson, city of Wilmington Police Department
Susan Hanson, Mental Health
Betty Creech, Public Health
Mary Kelly, Substance Abuse
Chairman Greer inquired as
would like to volunteer to
Partnership Advisory Board.
to whether a member of the Board
serve on the Criminal Justice
commissioner Barone volunteered to serve on the Advisory
Board.
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Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to
appoint the following persons to serve on the Criminal Justice
Partnership Advisory Board:
commissioner Sandra Barone
Andrew J. Atkinson, Deputy County Manager
Ernest B. Fullwood, Senior Resident Judge of Superior Court
Designee appointed by Judge Goodson of the District Court
Jerry Spivey, District Attorney
Captain Steve Smith, Sheriff's Designee
Major Ricky Simpson, City of Wilmington Police Department
Susan Hanson, Mental Health
Betty Creech, Health Department
Mary Kelly, Substance Abuse
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
Commissioner Sisson
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SECOND READING OF THE GREASE REMOVAL ORDINANCE, CHAPTER 15, ARTICLE
II, WASTE WATER COLLECTION AND TREATMENT, SECTION 15-43 OF THE NEW
HANOVER COUNTY CODE
Chairman Greer reported the first reading of the Grease
Removal Ordinance was held during a Regular Meeting of the Water
and Sewer District on August 8, 1994, and was not unanimously
adopted; therefore, a second reading is required before final
adoption of the ordinance. Also, since this ordinance is part of
the County Code, the ordinance must be adopted by the New Hanover
County Board of Commissioners.
Chairman Greer explained that the ordinance is comprised of
two major components: (1) the user will be allowed up to 90 days
for removal of grease in lieu of 30 days; and (2) the user will be
required to maintain written records of grease trap maintenance for
two years. The user shall send a copy of the invoice for grease
trap cleaning (or similar suitable records) each time the trap is
cleaned to the County Engineer or his designee.
commissioner Barone inquired as to how the public will be
notified about the new ordinance?
County Engineer, Wyatt Blanchard, reported staff has been
working with restaurants in the County and will contact each
restaurant individually if the ordinance is adopted. Also, a copy
of the ordinance will be mailed to the restaurants. ..
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commissioner Caster inquired as to the possibility of
requiring the haulers to keep the records, which would reduce the
amount of paperwork?
County Engineer Blanchard responded that the records could be
maintained by the haulers.
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MINUTES OF REGULAR MEETING, AUGUST 22, 1994
PAGE 261
commissioner Barone expressed concern
to keep records and stated, in her
responsibility of the restaurateur.
for requiring the hauler
opinion, this is the
chairman Greer commented on the ordinance being beneficial,
but stated until New Hanover County has a way to dispose of the
grease, he cannot support the proposed ordinance.
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commissioner Barone inquired as to whether staff has moved
forward with trying to work out an agreement with the City of
Wilmington for disposal of grease?
County Engineer Blanchard reported staff is waiting to receive
more information from McKim & Creedon the possibility of using one
of the city's digesters. Once this information is received,
hopefully an arrangement can be worked out with the city.
Assistant County Manager, Dave Weaver, reported the solution
to grease disposal is to carry the grease to Duplin County for
disposal by McGill Inc. This will cost the restaurateur 75% more
in fees; however, the gO-day period in lieu of 30 days will help to
alleviate the additional cost. Currently, the haulers are still
able to carry the grease outside the County for a land applied use.
Discussion was held on the restaurateurs having to pay the
additional cost for carrying the grease to Duplin County.
Assistant County Manager Weaver explained that the cost projected
is inclusive of transportation fees. A tanker truck will be
stationed in the County with the haulers pumping out the grease
traps and carrying the grease to the tanker. The County will then
contract with a company to carry the grease to Duplin County.
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Motion: After discussion, Commissioner Barone MOVED, SECONDED by
Vice-Chairman Mathews to adopt t~e ordinance as presented. The
floor was opened for discussion.
Commissioner Caster inquired as to whether staff should check
into the haulers maintaining the records to reduce the paper work.
Chairman Greer responded that, in his opinion, this is the
responsibility of the restaurants, not the haulers. He, again,
expressed concern for adopting an ordinance without the County
being able to dispose of the grease.
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Voting Nay: Chairman Greer
Absent: Commissioner Sisson
~ A copy of the ordinance is hereby incorporated as a part of
t~~ minutes and is contained in Exhibit Book XXII, Page 17.
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CONSIDERATION OF REQUEST FROM THE NEIGHBORHOOD-BASED FAMILY
RESOURCE CENTER
" Chairman Greer reported the Bottom Community Organization has
requested the County Commissioners to endorse the filing of a grant
application in the amount of $75,000 to the N. C. Department of
~-Humah Resources to fund a Family Resource Center. The Center will
b~Wiocated in the old Tiffany's Lounge at the corner of 11th and
orange Streets. No county funds will be required.
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County Manager O'Neal reported after discussion with the city
,Manager, the community has worked together and deve'loped the Bottom
cb~unity Organization to help address crime problems in their
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.~I~U~ES OF REGULAR MEETING, AUGUST 22, 1994 _
. PAGE .2,62,
neighborhood. Award of grant funds will be very beneficial in
helping this community to move forward with their efforts.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to authorize the Chairman to write a letter of endorsement
for the grant application being submitted by the Bottom Community
Organization, contingent upon the Cou~ty not being asked for funds
at a later date. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chatrman Greer
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Absent:
commissioner Sisson
CONSIDERATION OF REQUEST FOR TWO DARE POSITIONS FOR THE MIDDLE
SCHOOLS AND APPROVAL OF BUDGET AMENDMENT #95-0032
County Manager O'Neal reported the New Hanover County Schools
have requested the Sheriff to provide two (2) DARE positions for
the middle schools. The schools have stipulated that if the
Sheriff's Department will cover the cost of two deputies for the
1994-95 school year, the School System will pick up the cost
beginning with the 1995-96 school year. The expense involved with
clothing and equipment for each officer is $30,037.80 and funding
will come from federal forfeited property revenues.
County Manager O'Neal stressed the importance of realizing
that federal forfeiture funds cannpt be depended upon as a
continuing source of revenue for funding these positions. The
school system will pay for these positions next year; however, the
funds used to pay for these positions will come from the County's
appropriation to the schools, not from State funds. The positions
are needed and the request should be approved, but the
Commissioners should be aware of the funding source.
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Motion: Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to
approve the two (2) DARE positions for the middle schools for one
year and approve following Budget Amendment:
Budget Amendment 95-003? ,- Sheriff's Department
Debit
Credit
Sheriff's Dept./Federal Forfeited Property
Federal Forfeited Property
$60,076
Sheriff's Dept./Administration
Salaries
FICA
Retirement
Medical Insurance
401K
Uniforms
$43,838
3,354
2,166
4,758
2,192
3,768
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
C)lairman Greer
o
Absent:
commissioner Sisson
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Resolution to Declare August 30 and August 31, 1994 as
"ADOPT-A-SEAT AT KENAN AUDITORIUM WEEK" in New Hanover county
Motion: After reading of the resolution by Chairman Greer, Vice-
Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt
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'MINUTES OF REGULAR MEETING, AUGUSTe 22, 1994.
PAGE 263
the resolution of support and declare the dates of August 30 and
August 31, 1994, as "ADOPT-A-SEAT AT KENAN AUDITORIUM WEEK" in New
Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Sisson
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 17.
ADOPTION OF RESOLUTION ENDORSING THE SOUTHERN ALTERNATIVE OF THE US
17 WILMINGTON BYPASS
Commissioner Barone reported that city Councilman, Mike
Youngblood, a member of the Transportation Advisory committee,
introduced a resolution requesting the city Council to endorse the
Southern Alternative of the northern outer loop (the US 17
Wilmington Bypass). The city Council adopted the resolution, and
she would like for the commissioners to consider adopting a similar
resolution, as presented and proposed, in support of this
alternative.
Chairman Greer inquired as to the number of communities that
will be affected by this route?
.u.'
County Manager O'Neal reported there will be approximately six
homes affected with a very limited disturbance by the proposed
r.9..ute.
Commissioner Barone reported the N. C. Department of
Transportation hired a consultant to meet with the homeowners in
the areas that would be affected, and it was determined that the
proposed route would have the least impact on the environment, the
re~st impact on homes or businesses, and would be less costly than
other routes.
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After discussion, it was the consensus of the Board to
County Manager to place this item on agenda for
1994, with a map and presentation by the Planning
Consensus:
request the
September 6,
Director.
EXECUTIVE SESSION
County Attorney Copley requested the
Executive Session to discuss a personnel
'litigation.
Board to convene to
matter and pending
Motion:
Caster to
vote, the
Vice-Chairman Mathews MOVED, SECONDED by Commissioner
convene from Regular Session to Executive Session. Upon
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
vice-Chairman Mathews
Chairman Greer
,1
Absent:
commissioner Sisson
Chairman Greer convened from Regular Session to Executive
Session at 12:43 P.M.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to reconvene to Regular Session. Upon vote, the MOTION
CARRIED AS FOLLOWS:
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!I!,!:lU,T~!l,~ OF REGULAR MEETING, .l\UGUf!TI~2 2, 1994""
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
, 'PAGE\,2'6~4\'J
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Absent:
commissioner sisson
ADJOURNMENT
Chairman Greer adjourned the meeting at 2:05 P.M.
Respectfully submitted,
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Clerk to the Board
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