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1994-11-21 Regular Meeting e - -- "Ill -M;I'NUTES OF REGULAR MilETING, NOVEMBER 21, '1:994 :'l1 PAGE '3.60 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 21, 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; William E. Sisson, Jr.; 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. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Bo Baker, Pastor of the Pentecostal Church of Wilmington, gave the'Ji invocation. t' commissioner Sandra Barone 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. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Items 3, 4, and 10 for further discussion. Motion: Commission~r Caster MOVED, SECONDED by Vice-Chairman Mathews to remove Consent Agenda Items 3, 4, and 10 for further discussion and apprqve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of November 7, 1994, as presented by the Clerk to the Board. Authorization for New Hanover County to Grant an Easement to Southern Bell The Commissioners authorized the execution of an agreement to provide an easement on the County pump station site located on the NorthChase Parkway. The easement will accommodate Southern Bell equipment and will not interfere with current or future County activities. A copy of the ',=asement agreement is on file in the Legal Department. li. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 23. , ',I Ii; 'f," f': ...4 / / ( " " " "i 'M~NUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE-3'61 Authorization to Hire a 4-H Agent for the New Hanover county Cooperative Extension Service The Commissioners authorized the hiring of a 4-H Agent for the New Hanover County Cooperative Extension Service based upon an annual salary of $32,000 with 59% ($18,880) paid by the state and 41% ($13,120) paid by the County. Benefits on the $13,120 at 25% would be $3,280 for a total county cost of $16,400. When the Cooperative Extension Service first requested the position, action was postponed by the Commissioners because the State was not willing to pay an equitable portion of the annual salary. o Adoption of Resolution to Dispose of Surplus Equipment , Vehicles Through a County Auction to be Held on December 3, 1994 The Commissioners adopted a resolution to dlspose of surplus equipment and vehicles through a County Auction, pursuant to the provisions of N.C.G.S. 160A-270, to be held on December 3, 1994, 10:00 A.M. at the Property Management Maintenance Facility, on Division Drive, Wilmington, North Carolina. A copy of the resolution and list of items to be auctioned are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 23. Approval of Contract #95-0147 Between the Sheriff of New Hanover County and the Alcoholic Beverage Control (ABC) Board The Commissioners approved a contract between the Sheriff of New Hanover County and the Alcoholic Beverage Control Board to authorize the Sheriff to assume responsibility for ABC law enforcement in New Hanover County pursuant to N. C. G. S. Chapter 160A, Article 20. The Chairman was authorized to execute the contract. " A copy of the contract is on file in theiLegal Department. ! Adoption of Resolution for Implementation of the Kirkland community Revitalization Program The Commissioners adopted a resolution for the implementation of the Kirkland Community Revitalization Program in accordance with the North Carolina Community Development Revitalization Program and in accordance with the North Carolina Community Development Block Grant administrative rules, applicable laws, and all other requirements of the Department of Commerce. o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 23. Adoption of Revised Resolution Authorizing Sheriff Joe McQueen or his Designee to Purchase Surplus Military Equipment for the Purpose of supporting Drug Eradication Programs The Commissioners adopted a revised resolution authorizing Sheriff Joe McQueen or his designee to purchase surplus military equipment through the Law Enforcement Support Services with all considerations and restrictions as appropri'ate within existing budgets and financial constraints. This authorization is to terminate December 31, 1996. The purpose for purchasing the equipment is to support Drug Erad~catiqn Programs. , A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 23. o Adoption of Resolution to Request the Addition of Angus Drive to the State Highway system The Commissioners adopted a resolution to request the addition of Angus Drive to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 23. ~ '~ l e e e ,'\<:'~~ ,;;' 'i\ .1 ,1~~;j..1!.i'}: 1"'" , ""III ,,} ,(~;. 1"~~it~)Nthi~L . ~J~~i,i(.\i.., ;, M~NUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 362 Release of Value - Tax Department The Commissioners released the following late listing penalties as the taxpayers certified they mailed their listings during the regular li.sting period: Coburn Grocery Ducharme Inc. d/b/a/ Merle Norman East Coast Maintenance Service Ester Communications, Inc. Hughes Auto Service Johnson, Eric Scott d/b/a Peccoraro, Anthony d/b/a Southland Amusements and Vending Strickland, Carolyn Swart, Dirk Wilmington Salvage Disposal Wilmington Sanitary Supply , $ $ $ $ $ $ $ 5.64 $291. 58 $ 7.53 $ 12.04 $ 13.09 $ 24.95 .50 33.30 2.54 38.05 3.43 57.41 The Commissioners granted Senior citizen/Disability Exclusions to the following per~ons: , Flowers, Glenn F., Etux. White, Lena Mae $15,000 $15,000 The Commissioners released the following certification penalties as this was the taxpayers' first offense: Poe, Clarence Clauson Splawn, David Lee $100.00 $400.00 The Commissioners granted a delinquent application for exemption to Royster-Clark, Inc. for pollution abatement property. The application and letter explaining the late application is available upon request. Adoption of Tax Collection Reports Through October 31, 1994 The Commissioners adopted the following Tax Collection Reports through October 31, t994, 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 23. Approval of Budget Amendment #95-21 - Sheriff's Department The Commissioners approved the following Budget Amendment: 95-21 Controlled Substance Tax - Sheriff's Department Debit Credit Controlled Substance Tax Controlled SubstanceiTax $1,273 Controlled Substance Tax Supplies $1,273 Purpose: To increa~e the budget for revenue received on October 12, 1994, in the amount of $1,273.38. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. ;~.i,-:;.:.\ :0''''' ,. ~ . -Approval of Budget Amendment #95-22 - Sher1ff's Department The Commissioners approved the following Budget Amendment: 95-22 - Federal Forfeited Property - sheriff's Department Debit Credit Federal Forfeited Property Federal Forfeitea Property $9,093 ~ /' MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE .363 (Budget Amendment #95-22 continued) Debit Credit Federal Forfeited Property Supplies $9,093 Purpose: To increase the budget for additional: revenue received in FY 1994-95. Federal Forfeited Property fu~as are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #95-0074 - New H~nover county Library The Commissioners approved the following' Budget Amendment: o 95-0074 New Hanover County Library Debit Credit Librarv Contributions Lost Books $5,735 $1,797 Books & Periodicals $7,532 Purpose: To budget proceeds from the Friends of the Library Book Sale and reimbursements for lost books to purchase additional library materials. ,I Approved I, by the Budget Report of Budget Amendment #95-0075 as Officer The following Budget Amendment was Officer: approved by the Budget 95-0075 - Human Services Flow Through Grants Debit Credit Flow Throuqh Grants victim's Assistance $48,985 o Flow Throuqh Grants victim's Assistance $48,985 Purpose: To establish a budget for the victim's Assistance grant from the Coas~al Horizons Center.' The County serves as the flow through agency for this grant which was approved on July 20, 1994. , , , APPROVAL OF CONSENT AGENDA ITEM 3, PAYMENT OF PERSONAL AND SICK LEAVE FOR HOME HEALTH DEPARTMENT EMPLOYEES BEING TRANSFERRED TO NEW HANOVER REGIONAL MEDICAL CENTER 'I' Chairman Greer expressed concern for the County being required to pay the cost involved with transferring th~ County employees to New Hanover Regional Medical Center and inquired as to why this cost is not being paid by the Medical Center? Deputy County Manager, Andrew J. Atkinson, explained that presently all personal leave is paid to an employee when terminating employment with the County; however, no sick leave is paid. with the transfer, it was felt the sick leave should be paid directly to the Medical Center for the protection of these employees, who will not have any sick leave accrued once the transfer becomes effective. This will provide a sick leave balance for each employee, which will be kept in an account at the Medical Center to be used by the employee if necessary. o Chairman Greer, again, reiterated that',in his opinion this cost should be paid by the Medical Center, not New Hanover County. , Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve payment of personal and sick leave for county employees being transferred to the Medical Center as recommended by Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: e e e :.'~" ,; ,{ "'Ill .h~','l,.:.Moj(;,t~ ~i\1';~;:' . .~......~ -, ,,- MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 364 Voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Vice-Chairman Mathews voting Nay: Chairman Greer APPROVAL OF CONSENT AGENDA ITEM 4, RECLASSIFICATIONS AND SALARY UPGRADES OF POSITIONS IN THE FINANCE DEPARTMENT AS A RESULT OF A REORGANIZATION Chairman Greer' requested an explanation as to why these reclassifications and increases in salaries are suddenly being requested? County Manager O'Neal reported during the reorganization of the Finance Department these employees have been assigned new duties and have taken on new responsibilities throughout the years. After a review, the Human Resources Department and Finance Director felt the recommended changes were in order. Chairman Greer inquired as to the number of employees in the Finance Department? Finance Director, Bruce Shell, reported there are 15 employees, not including himself, plus the employees in the Water and Sewer Division, which is in a separate account. He informed the Board that after a complete review of the jobs performed by the employees and discussion with the Human Resources Department, it was felt the following reclassifications and salary upgrades should be approved: Reclassifications: Accounting Specialist - Grants Administration - (Grade 116) to Accounting Specialist II (Grade 119). Accounting Specialist - Fixed Assets (Grade 116) to Accounting Specialist I (Grade 117). Salarv Upqrades: Purchasing Agent (Grade 116) to Purchasing Agent (Grade 120) Accountant (Grade 118) to Accountant (Grade 121) utilities Services Officer (Grade 117) to utility Services Officer (Grade 118) Motion: Vice-Chairinan Mathews MOVED, SECONDED by Commissioner Sisson to approve the reclassifications and salary upgrades as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF 1994-95 SCHEDULE OF REGULAR MEETINGS FOR THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS Chairman Greer recommended changing the March 13, 1995, meeting to Wednesday, March 8, 1995, and March 27, 1995, meeting to Monday, March 20, 1995, to allow the Commissioners to attend the National Association of Counties Legislative Briefing in Washington, D. C. Also, since the Fourth of July falls on TueSday, it was felt that the regular meeting scheduled for Monday, July 3, 1995, should be changed to Wednesday, July 5, 1995. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to adopt the schedule with the proposed changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION County :,;").->r employees: OF NEW COUNTY EMPLOYEES Manager ,: O'Neal introduced , the following new County ~ ( MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 365 Max Maxwell, Inspections Department Linda Augino, Inspections Department Marian Reed, Health Department Emily Parker, Legal Department Gregory Tucker, Environmental Management Joette McGlohon, Social Services ! Terri Willets, Social Services Stephanie Hales, Social Services Laura Lassiter, Social Services Glenda Jones, Social Services Sharon Squibb-Denslow, Social Services Krista Fredricks, Social Services o Chairman Greer, on behalf of the Board, welcomed the new County employees to County Government and wished them success in their new positions. PRESENTATION OF EMPLOYEE SERVICE AWARDS County Manager O'Neal requested the step forward to receive service awards: following employees to Name of Employee Years of Service 'I~ : '~ Gloria S. Brown, Water/Sewer Finance Linda A. ,Huffman, Social Services Mark A. Kenion, Health Department Renee S. 'Tooto, Health Department Billie J. Stallings, Health Department Donald H. Taft, Sheriff's Department Edward L. Jarvis, Sheriff's Department ,. , i' , ., 5 5 5 5 5 5 5 Alice H. Prince, Tax Department 10 Andrew J.. Atkinson, Administration Christine L. Hart, Sheriff's Department " 15 15 o Diane T. Vosnock, Health Department 20 Chairman Greer, on behalf of the Board, expressed appreciation to the employees for their years of dedic'1ted serv~ce to New Hanover County. 'lf'lf II\:, APPROVAL OF BUDGET AMENDMENT #95-0077 FOR SIX NEW POSITIONS IN THE INSPECTIONS DEPARTMENT AND AUTHORIZATION FOR STAFF TO PROCEED WITH PERFORMANCE OF A THIRD PARTY REVIEW FOR'REORGANIZATION AND AUTOMATION OF THE INSPECTIONS DEPARTMENT County Manager O'Neal reported on the Inspections Department and for the immediate need to handle the daily workload. He requested Inspections, Sky conklin, to comment. growth in the to hire employees the Director of Director Conklin reported on efforts being made by the department to improve the efficiency of the field inspectors. In order to hire qualified persons, a majority of the inspectors are persons from the trades who are u~ually licensed by the State of North Carolina in their field and knowledgeable of the State Building Code regulations. with the continued growth of construction in New Hanover county, it is imperative to hire six additional employees to maintain 'the daily wprkload and provide technical assistance to the public during regular business hours. He requested approval of the following posit~9ns: ,,' o Add 1 Building Inspector Add 1 Electrical Inspector Add 1 Plumbing Inspector Add 1 Mechanical Inspector Add 1 Plans Examiner Add 1 Assistant Director ~ I' !"t $22,651 " $2.2,651 $22,651 $22,651 $25,002 $33,738 .t;l~ v'.,::: ""III '\ J :.~-;;' J'flg#ifr'~lA., MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 36'6 commissioner Caster inquired as to whether the inspectors must be licensed? . . t, . . _ . D~rector Conkl~n reported th~s ~s not a requ~rement; however, it is very important to hire qualified inspectors in order to provide quality inspections. e commissioner sisson stressed the importance of providing quality inspection services to ensure the occupants of new homes and buildings that these structures are well constructed and have met the building code. He recommended approval of the new positions, which in his opinion, are badly needed. Discussion was held on the performance of a third-party review of the proposed reorganization and automation of the Inspections Department. County Manager 0' Neal reported Staff has already begun the process of contacting prospective organizations to perform the review including East Carolina University, which was recommended by the Home Builders A:ssociation. Once a group is selected, the Commissioners, Homebuilders Associations, architects and all parties involved will be informed. " Mr. Dan Kent, tpresident of the Wilmington/Cape Fear Home Builders Association, reported the following problems do exist in the Inspections Department, and he urged the Commissioners to perform the third-party review before hiring additional employees: 1. A lack of communication. 2. Inconsistency in code interpretation and enforcement. 3. Consideration for consumers occupancy schedule. e 4. Inadequate cooperation inspectorsland builders. , and coordination between Chairman Greer: informed Mr. Kent that after an extensive review of the Inspections Department, the Commissioners feel that additional employeeslare needed immediately to maintain the daily workload. Also, once a group is selected to perform the third- party review, all p~rties involved, including the Home Builders Association, should hecome involved and work together to recommend a reorganization that will be satisfactory to the home builders and New Hanover County. County Manager O'Neal reported if construction begins to decrease, the Board can be assured that the positions added because of increased construction will be eliminated if they are not needed in the future. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to authorize Staff to proceed with a third-party review of the automation and reorganization of the Inspections Department and to approve six additional positions and the associated Budget Amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: e Voting Aye): i \,', commissioner Caster commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Budget Amendment #95-0077 - Inspections Debit Credit Inspections Inspections Fees $102,065 Salaries & Wages FICA $74,694 $'5,714 ..... / , I MINUTES OF REGULAR MEETING, NOVEMBER 21, 19941 PAGE 367 Budget Amendment #95-0077 (continued) Debit Credit Retirement Medical Insurance Departmental Supplies Employee Reimbursements $ 3,720 $ 7,137 $ 3,000 $ 7,800 BREAK Chairman Greer called a break from 10:00 A.M. until 10:12 A.M. APPROVAL OF ADDITIONAL RENTAL SPACE FOR ADULT;..PROBATION AND PAROLE '., OFFICE Deputy County Manager, Andrew J. Atkinson, reported with passage of the Structured Sentencing Act by, the State, the New Hanover County Adult Probation and Parole Office will receive seven new positions. The County is 'required by State Statute to provide office space, and at the current location, there is. 1,440 square feet of additional space. Staff recommends amending the current contract with J. A. Sneeden Corporation for rental of the additional space at $8 per square foot. The total annual rent for office space, including the additional space, will increase from $40,904 annually to $52,424 annually. Commissioner Sisson requested the County Manager to include these types of expenditures as a result of newly enacted state and federal legislation in the FY 1995-96 Budget. Motion: After discussion of this being a reasonable rental rate for office space, Commissioner Sisson MOVED,' SECONDED by Vice- Chairman Mathews to amend the contract as presented. The floor was opened for discussion. I commissioner Barone stated, for the record, she cannot support another State unfunded mandate. She explained that she was not opposed to the program, but she felt local governments should not be forced to pay for state and federal programs which will raise taxes on the local level. After discussion of unfunded mandates, Staff was directed to include this issue as one of the goals that should be addressed by the North Carolina Association of. Counties' Legislative Goals Committee during the upcoming Session of the General Assembly. Chairman Greer called for a vote on the MOTION to amend the current rental contract to include the additional office space as presented by Staff. Upon vote, the MOTION CA~IED AS FOLLOWS: Voting Aye: commissioner Caster commissioner Sisson .' ~ I ' Vice-Chairman Mathews . Chairman Greer , ,., Voting Nay: commissioner Barone DISCUSSION OF SUBDIVISION APPROVAL OF BAR LAKE AND SOUTHERN OUTER LOOP Planning Director, Dexter Hayes, reported the Planning Board's Technical Review Committee (TRC) approved the preliminary review plan for the Bar Lake Subdivision, consisting of 39 lots, on October 12, 1994, without the 12-month reservation requirement for the proposed Southern Outer Loop. This project is located east of Navaho Trail, near Lansdowne south, and lies directly in the path of the proposed corridor. In section 66 of the New Hanover County Subdivision Ordinance, the County Commissioners or the Planning Board can require the developer to reserve the.necessary rights-of- way. He reported the purpose of bringing ':this matter to the commissioners is for the Commissioners to decIde if a subdivision should be approved that will conflict with, the alignment of the proposed Southern Outer Loop, or should the county try to reserve o o o e e e ',' ',,',' ':ri)\f."'1'i-","'~'r:-"^;''''-1''~,' "". "Ill , ~1:4~~~ N-. ~;.~tr;:d MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 368 the corridor and allow the N. C. Department of Transportation adequate time to either acquire the rights-of-way or allow the City of Wilmington to acquire the rights-of-way. Other projects will be affected by the outer loop and Staff needs direction in addressing this issue, which is in direct conflict with the County's recently updated Thoroughfare Plan. Discussion was held on whether the state will purchase the rights-of-way within the next year. Planning Director Hayes reported the Southern Outer Loop is not currently in the Transportation Improvement Plan, and according to the Secretary of Transportation, it is unlikely this corridor will be added to the plan within the next'year. commissioner Barone commented on attending a recent meeting at UNC-W and reported it is doubtful that this road will ever be constructed. Discussion was held on what would be accomplished by implementing the 12-month reservation requirement since the Southern Outer Loop is not on the Transportation Improvement Plan. Planning Director Hayes reported the reservation requirement would inform the N. C. Department of Transportation that New Hanover County has made a good faith effort to allow time for the purchase of the rights-of-way. Motion: After further discussion of the proposed corridor being the responsibility of the State and the uncertainty of the Southern Outer Loop ever being constructed, Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to deny the request to impose the 12-month reservatio~ for the proposed corridor. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATIqN OF REVISIONS TO THE NEW HANOVER COUNTY ANIMALS AND FOWL ORDINANCE - SECOND READING Chairman Greer announced this is the second reading of the revisions to the New Hanover County Animals and Fowl Ordinance. He reported after receiving numerous phone calls, he would suggest changing section 3-16(a), Impounding Animals, to allow five (5) Dusiness days for redemption of lost, stray, or unwanted animals instead of the proposed three (3,) days. commissioner Sisson commented on these animals being stray or unwanted with no County license or rabies vaccination tags, and asked if the County has ample funds to provide care for the additional days? He emphasized the importance of providing enough money for Animal Control to keep and maintain the animals for the t:wo' additional days"! , i County Manager;~'Neal reported the fees collected fund only one-half of the cost,s' involved with keeping stray animals. Discussion was held on the cost per day to keep an animal at the shelter. Heal th Director, Robert Parker, reported the cost per d~y was $9, and he explained that the purpose for reducing the number of days was because the animals could be adopted faster and 'the amount of time to deal with a sick animal or an animal with aggressive behavior would be reduced. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the revisions with a change in the number of days from 3 days to 5 days in Section 3-16(a) as listed on Page 40 of the proposed ordinance. The floor was opened for discussion. ~- j commissioner Barone recommended using voice control or some other type of control, in lieu of requiring dogs to be on leashes when off the owner's': property as stated in Section 3-4 (d). ), ~ .MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 369 Substitute Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to accept the revisions, to the New Hanover County Animals and Fowl Ordinance with amenping section 3-16(a) from three to five business days for redemptio~ of a lost, stray or unwanted animal and allow the present language'in Section 3-4(d) to remain unchanged, which will not require dogs to be on leashes. The floor was opened for discussion: Ms. Donna Neal, Chairman of the Animal Advisory committee, reported seventeen years ago, voice control was satisfactory; however, with the rapid growth of pets in the County, a leash law for dogs is needed to protect the safety of the general public. o commissioner Barone commented on the list of dog bites and reported that only 3% of the 440 bites were actual attacks by dogs; consequently, she is not comfortable with adopting an ordinance that will require the 97% of good pet owners to use a leash because of misuse by 3% of pet owners. Under the proposed revisions, pet owners will be required to keep their animals inside a barrier, which should reduce the number of animals running free. In her opinion, the ordinance should be amended in steps and if the new revisions do not adequately address the probl~m, the ordinance can be amended at a future date. J' I Commissioner Sisson expressed concern for anyone believing that a dog can be stopped from attacking a: person off of the owner's property by voice control. In his opfnion, there are many people being victimized by dogs running free, and the only way to control this problem is to adopt a leash law for dogs, which will protect the safety of the general public and at the same time discourage violent behavior toward the animals. Ms. Joy Fines, a local dog trainer, commented on the number of people who enjoy walking their dogs on a leash and reported due to the number of dogs running free, it is becoming impossible to walk a dog because of attacks by those dogs. Also, people cannot walk, ride a bicycle, or jog because there is no leash law to protect them from dogs running through neighborhoods. o commissioner Caster repor~ed the problem is with pet owners and until people are educated on how to be responsible pet owners, there is no law that can be passed to address~ithese problems. He commented on the complexity of this issue', and inquired as to whether statistics can be developed to show :that a leash law is necessary? : I ~ : Ms. O'Neal reported she will be glad to Board next year with statistics that will show law. appear before the a need for a leash After further discussion, Chairman Greer called for a vote on the SUBSTITUTE MOTION. Upon vote, the SUBSTITUTE MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer voting Nay; Vice-Chairman Mathews Commissioner Sisson o ~ l POSTPONEMENT OF AN AMENDMENT TO THE 911 ORDINANCE ADDING PENALTY .-, SECTION : I Consensus: Due to the need to further study JhiS item, it was the consensus of the Board to postpone this amendment until a later meeting. CONSIDERATION OF APPOINTING A COUNTY COMMISSIONER 'TO SERVE'ON'THE MUSEUM BOARD OF TRUSTEES' BUILDING COMMITTEE Chairman Greer reported the Museum has requested a County ,- '1t."'jl;''1;Y::'''' " ...,,~\ ~ "'Il .. ,!J!Wh'~k+ "! . i"'~' ~~ l" " MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 370 , Commissioner to serve on the Museum's Building Committee. He inquired as to whether a Commissioner would like to volunteer to serve. e Consensus: After discussion of the selection process for the Museum project, it was the consensus of the Board for the Chairman to write a letter to the Museum Trustees to express appreciation for being invited to ,serve on the Building Committee and to inform them that regrettably no member of the Board of County Commissioners has time to serve on another committee. VICE-CHAIRMAN E. L. !{ATHEWS, JR. APPOINTED TO SERVE AS THE VOTING DELEGATE TO THE NORTU: CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS' LEGISLATIVE GOALS CONFERENCE IN FAYETTEVILLE, N. C. Motion: commissioner Barone MOVED, SECONDED by Commissioner Sisson to appoint Vice-Chairman Mathews to serve as the voting Delegate for the Legislative Goals Conference to be held in Fayetteville, North Carolina, on January 5-6, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 11:02 A.M. until 11:20 A.M. COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID KENT WOODBURY AND REAPPOINTMENT OF STEVEN M~ MILLER TO SERVE ON THE PLUMBING BOARD OF EXAMINERS Chairman Greer:' announced that two vacancies exist on the Plumbing Board of Examiners and that two applications have been recei ved, one of whiich is Steven M. Miller, who desires to be reappointed .:, e Motion: commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to appoint David Kent Woodbury in the category of Master Plumber and reappoint Steven M. Miller in the category of Journeyman Plumber to serve three-year terms on the Plumbing Board of Examiners. The terms are to expire December 1, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF JOYCE BRAGG TO SERVE ON THE ZONING BOARD OF ADJUSTMENT AND APPOINTMENT OF FRED FLOYD AS AN ADDITIONAL ALTERNATE MEMBER Commissioner Barone requested increasing the number of alternate members on the Zoning Board of Adjustment from two, to three members. She requested the Assistant County Attorney, Kemp Burpeau, to report on this matter. Assistant County Attorney Burpeau reported on the four-fifths voting regulation, ,'",hich requires four of five members to be present, when the Zoning Board of Adjustment is considering whether to grant a variance or is reviewing a decision made by a Zoning Enforcement Officer. In order to save time and avoid delays in action requested, it is felt the number of alternate members should be increased from two to three members. e commissioner Sisson inquired as to why the Zoning Board of Adjustment is having an attendance problem? commissioner Barone reported the four-fifths voting requirement is the problem and the re~son for, increasing the number of alternate members. Motion: commissioner Barone MOVED, SECONDED by Commi!5sioner Caster to change the pOlicy'and appoint a third alternate member to serve on' the Zoning Board of Adjustment with that member being selected f:r\om the applications already received for filling the current ,vacancy. Upon vote,i the MOTION CARRIED AS FOLLOWS: ~ \' '~- 1'0 -~ ~ ,MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 371 Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner sisson Chairman Greer opened the floor to receive nominations filling the current vacancy on the Zoning Board of Adjustment. reported on being informed that Mr. John Watkins is serving on Zoning Board of Adjustment for the City of Wilmington. for He the o Vice-Chairman Mathews nominated Joyce Bragg. The nomination was seconded by Chairman Greer. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon three-year Adjustment. vote, Joyce Bragg was unanimously appointed term on the New Hanover County Zoning The term is to expire December 1, 1997. to serve a Board of Chairman Greer opened the floor to receive nominations for appointment of one additional alternate member. commissioner Barone nominated Fred Floyd. The nomination was seconded by Commissioner Caster. commissioner sisson nominated Thomas Gaian. was seconded by Vice-Chairman Mathews. The nomination ,,",.. ~ . 'j:' There being no further nominations, Chairman Greer declared the nominations closed. Vote: member expire Upon vote" Fred Floyd was appointed to serve as an alternate of the Zoning Board of Adjustment fora three-year term to December 1, 1997, by the following vote: o voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner sisson Vice-Chairman Mathews Discussion was held on the need for alternate members to become informed on the policies and procedures, of the Zoning Board of Adjustment. 'l~ Consensus: After further discussion, it was ''the consensus of the Board to require alternate members to attend:all the meetings of the zoning Board of Adjustment to become better informed on the procedures of this board and to fill in when regular members cannot attend. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF NEW HANOVER COUNTY WATER & SEWER DISTRICT AUTHORIZATION FOR STAFF TO MOVE FORWARD WITH THE PURCHASE OF COASTAL CAROLINA UTILITIES, INC. AND G&F UTILITIES Chairman Greer requested that Water & Sewer District Item 3, Consideration of Acquiring the Coastal Carolina Utilities, Inc. and G&F Utilities, be removed from the Water & Sewer Agenda 'to the Regular Agenda since the conveyance contract will be between New Hanover county and the utility companies. Consensus: It was the consensus of the Board to remove and discuss this item before 'convening from Regular Sessfon to hold a meeting of the Water & Sewer 'District. o ''':;;'' ".r:'1;,.~/t;.. ""lI ;i'::''':i~1;]'Y, MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE J.72 County Engineer, Wyatt Blanchard reported Staff was approached by the owners of Cqastal Carolina utilities and G&F utilities concerning the purchase of water systems that provide service to Gordon Woods, Brittany Woods, Quail Woods, Brittany Lakes, Shennodoah Woods, Churchill Estates and smith Creek Estates. A map was presented showing the exact location of the systems and the Board was informed that the systems are in excellent condition. e There are presently 495 water customers and 528 sewer customers with a potential of reaching 1,500 customers in a few years. There are seven wells, with three having generators on site; four sewer pump stations; and three wastewater treatment plants in the systems.' Two plants will be abandoned when connected to the District's main system and three pump stations will be abandoned. The present system is valued at approximately $1.9 million, and construction of all future required systems will be paid for by Coastal Carolina and given to the Water & Sewer District except for any required additi~nal wells. The owner will donate the entire system except for th'e seven wells and the land with the wells. The owner wants the landi' on which the wells are constructed to revert back to him if the wells are no longer used'. Three of the wells have new 100 kw generators. The total cost of the wells is $405,000.00. The owner has agreed to finance the $405,000.00 at 8% over a period of 15 years with an annual payment of $44,789.79. The projected net revenue based upon the number of existing customers with no increase in the rates is estimated at $46,010.00 per year. Discussion was held on the current monthly rates. County ,Engineer Blanchard reported there are several different rates and presented the following information: e Current Water Rate District Water Rate (Based on 8,000 gallons of water usage per month) Gordon Woods, Brittany Woods, Quail Woods, BrittarlY Lakes, and Shennodoah Woods, $18.00 $11. 38 Sewer Rates Sewer rates are based on 120% of monthly charge of $21.00 to $22.00. of $22.00 per month. the water usage with a There is a maximum rate The District Sewer Rate for 8,000 gallons per month would be $25.65 per month under the metered rate. The flat rate is $22.00 per month. In Churchill Estates, only sewer is provided at a flat monthly rate of $20. Db I per month. The flat monthly rate for the District is $22.00 per month. e In Smith Creek Estates, only sewer is provided at a rate of $14.75 for 8,060 gallons usage per month. The District rate is $22.00 per Month. Discussion was held on the proposed water and sewer systems becoming a part of the District's System. County Engineer ~Blanchard reported the wastewater will be treated at the City's Souths ide Treatment Plant until the Northside Wastewater Treatment Plant is built and the new interceptor is constructed. '", Motion: After discussion of the benefits deriyedby p~rchasing systems that provide water and sewer, commissioner Barone MOVED, 'SECONDED by Commissioner Sisson to authorize Staff to proceed with .tli~ acquisition of Coastal Carolina utilities, Ihc. and 'G&F .... I' I 1 I I i I I 1 MINUTES OF REGULAR MEETING, N9VEM~ER 21, 1994 PAGE 373 utilities contingent upon the County Manager having authority to make minor changes with any significant changes being brought back to the Board for final approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. commissioner Sisson commented on the importance of purchasing water systems whenever feasible and reported these systems will greatly help with the placement of water hydrants throughout the County to provide better fire protection. After further di~cussion, Staff was direqted to provide a map showing the various locations of water and sewer systems throughout the County. Chairman Greer convened from Regular Session at 12:01 P.M. to hold a meeting of the Water & Sewer District.; I Chairman Greer reconvened to Regular Sess'ion at 12:.09 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Chairman Greer requested a motion to go into Closed Session for the purpose of giving instructions to the County Attorney concerning the handling of a claim against New Hanover County pursuant to section 143-318.11 of the North Carolina General Statutes. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commis~ioner Sisson to convene from Regular Session to hold a meeting for the purpose of the Board giving instructions to the county Attorney concerning the handling of a claim against the county. upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Sessiop at 12:10 P.M. Motion: Commissioner Barone MOVED, to reconvene to Regular Session. UNANIMOUSLY. SECONDED by Commissioner Caster Upon vote; the MOTION CARRIED Chairman Greer reconvened to Regular Session at 12:22 P.M. DISCUSSION OF EXECUTING AGREEMENTS FOR PERSONS USING COUNTY PARKS Chairman Greer reported the Parks Department is in the process of requiring persons who use the county parks to sign an agreement. He stated a copy of the proposed agreement will be forwarded to each Commissioner for review and co~ment. AUTHORIZATION FOR COUNTY MANAGER TO SCHEDULE A SEAFOOD DINNER FOR THE MEMBERS OF THE N. C. GENERAL ASSEMBLY County Manager O'Neal reported the Clerk to the Board, Lucie F. Harrell, has contacted the Legislative Services Offfceto select a date for holding a seafood dinner for the members of the General Assembly. She was informed that a Legis1ativ~ Calendar would not be prepared until the Speaker of the House and;president Pro Tern of the Senate have been elected. , After further discussion, the County Manager was authorized to include all counties in Region "0" in the event and proceed to schedule a dinner in January or February, if at all possible. WORK SESSION SCHEDULED FOR DECEMBER 15, 1994, TO HEAR A STATUS REPORT ON THE TRANSPORTATION DEVELOPMENT PLAN County Manager O'Neal requested a Work Session for a status report on the Transportation Development Plan to discuss the many changes that ~re occurring in this field. Consensus: It was the consensus of the Board to schedule a Work Session on December 15, 1994, at 10:30 A.M.:,in Room 501 of the county Administration Building, "320 Chestnut ':Street, Wilmington, North Carolina, to hear a' status report on" the Transportation D~velopment Plan. 1 'i o o o ""'Ill ~~7;!~"" ,.,?, J MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 37'4 AUTHORIZATION TO SCHEDULE A COUNTY TOUR IN EARLY JANUARY OR FEBRUARY, 1995 County Manager O'Neal reported he will work with the Clerk to the Board to select a day for the County Commissioners to schedule a tour of the County to see the growth and changes that have occurred during the past year. The purpose of this request is to better understand the needs of the schools, parks, and county departments before going into the 1995-96 budget process. e Consensus: It was the consensus of the Board for the County ,Manager to schedule a tour. DISCUSSION OF HIRING A VETERAN'S SERVICE OFFICER Commissioner Sisson stated, for the record, he will support the hiring of a Veteran's Service Officer as part of the FY 1995-96 Budget. Chairman Greer reported this matter has been discussed and it was agreed for the County Manager to include funding for this position in the FY 1995-96 Budget. LUNCH Chairman Greer convened from Regula~ Session to hold lunch from 12:38 P.M. until 1:15 P.M. , " PRESENTATION ON CONSOLIDATION OF LOCAL GOVERNMENTS Chairman Greer welcomed everyone present and announced this is an informational presentation on the pros and cons of consolidating local governments. He requested County Manager O'Neal to make the presentation. e PRESENTATION ON CONSOLIDATION County Manager presented a slide presentation on the concepts, issues and past experiences of other governments when forming a consolidated government. Consolidation is a question of service provision, not an issue of government. Consolidation should deliver services more effectively to residents; improve government efficiency over time; and unify decision making and implementation at the elected official and administrative levels. This process will require support of the citizens of New Hanover County with frequent and open communication a~ well as State legislative support. Currently, ther~ are only 28 consolidated governments in the united states. The i first consolidation occurred in 1805 in New Orleans and the largest consolidated' government is the five boroughs in New Yor)~ with a population of more than 7,000,000. Most consolidations occur in counties with populations ranging from 100,000 to 800,000. e Fact and figures were presented on the consolidation of the City of Athens and Clarke County, Georgia, because of the similarities in size and conditions that are present in the city of Wilmington and New Hanover County. The City of Athens had a Mayor, ten council members, five districts, with two-year terms. Clarke County had five county commissioners elected at-large with four. year terms. The consolidated government has a chief officer elected at-large with a four-year term; eight commissioners from eight districts with' four-year terms; and two commissioners from two "super districtsi, with four-year terms. . , The Athens-Clarke County Consolidation came about with the formation of a Atheri's-Clarke County Unification commission. The Commission grew out of a task force with a citizen-based membership with professional facilitation and a strong public participation with a series of "town" meetings. The basic issues to consider when consolidating governments are as follows: ~ (, .M:INUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 375 service Deliverv: Residents in different areas expect different services at varying levels, such as trash coll~ctions, recreational programs, and drainage. These services can be funded through special tax districts, user fees, and the general tax base. The service needs can be determined by maintainin~' existing services, performing a survey of residents, or developing a plan to provide all services to all residents. Leqal Issues: section 160-B of the North Caroiina General Statutes sets forth definitions, the development of urban service districts, additional taxes in the urban services districts; and revenue sources for the consolidated city/county government, including the power to borrow money and issue bonds. Chapter 153-A, Article 20 authorizes a study commission to be established and 153A-405 authorizes the scheduling of a referendum. The General Assembly must authorize the consolidation. Taxation: The residents of the unincorporated county may fear an increase in taxes with no additional services. The City residents may fear that services will be diluted with no decrease in taxes. The following questions will have to be answered: (1) What services should be supported by the general tax base? and (2) How should the portion of the tax levy that dirrently meets debt service on existing facilities be allocated?;, ,. Other Issues: For a unified government t~. be effective, the elected official framework should be strucblred for equitable representation of all residents. The following questions must be addressed: (1) What is the appropriate number of elected officials? (2) Would the chief elected official be elected by the citizens or by the other elected representatives? (3) Should the structure be a commission/council manager form of government? (4) Should representatives be at-large, by districts, or a combination? If districts, who should draw lines and on what criteria (e.g., race, population, area)? and (5) What should be the length of terms? If consolidation is to be accomplished, the process will be as important as the structure of the consolidated government. The following questions must be addressed: (1) ,) What should be the composition and charge for a consolidation task force? (2) How can public education and involvement best be 6btained? (3) What should be the' level of commitment and invol!vement from present elected officials? (4) To what extent should the consolidation structure and transition details be determinedjbefore a decision is made on consolidation? (5) How should participation by the beach towns be handled? and (7) What will be the role of State legislators? The transition period after the decision is made to consolidate will be slow, complex and painstaking. Should a transition team be established? Should outside assistance be solicited? How would existing fund balances and budgeted commitments be handled? How would City and County codes, personnel, and other administrative policies and procedures be made consistent? Background information was presented ori, the Wilmington-New Hanover County experience with three referenda. held in 1933, 1973, and 1987 with all three efforts being defea,ted by the voters. Facts and figures were presented on the 1985,:'final report of the Study Committee. A draft charter was prepa~ed with the general provision to' create a "Wilmington/New Hanover Consolidated Government. By North Carolina General statutes, the city of Wilmington would have to give up its charter to 'form a consolidated government. This new government would have the powers of both the county and city with the beach communities having an option to join the consolidated government at a later date. o o o e e e .!'...."..r"" """"Ill .''';;;\r ~.:"f MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994 PAGE 376 Under the proposed charter, the Mayor would be elected by the voters at-large for a four-year term. There would be eight representatives with four elected at-large, four elected from four districts with all representatives serving four-year terms. The Mayor would have the powers of the County Commission Chairman and City Mayor. The Board of Representatives would have legislative powers, and districts would be formed based on compact geographic areas and equal populations. , During the trahsition, there would be a continuation of ordinances and procedures until changed. Assets and liabilities from the City and County would be transferred to the Wilmington-New Hanover County Government. There would be no reduction in salaries for two years and a transition committee would be formed composed of the Mayor, Chairman, two Board members, and two Council Members. There would be no change in budgets for one year and no change in the tax rate for the first year. There would be a 20% maximum increase or decrease the second year in the tax rate followed' by a 30% increase or decrease in the third year. . In summary, County Manager 0' Neal reported many hours of research have gone into preparing an objective presentation. He offered to answer any questions. A brief period,?f questions and answers followed. Wrightsville Beach Alderman, Roy A. Sandlin, presented the following questions:i i ./ . . (1) Why has consol1dat1on suddenly become an issue? t commissioner Ca'ster reported this issue has been revisited because of the proposed annexation by the City of Wilmington. (2) Would the residents opportunity to vote on government if they decide of the beach communities have an consolidation of a city/County not to join the effort? County Manager O'Neal reported all residents of the County, including the beach communities, would vote on the issue. Wrightsville Beach Alderman, Roy opinion, it would be undemocratic for relinquish its powers to become a government. Commissioner Caster commented on the members of the Strategic Planning Council appointed by the County Commissioners to study the needs of the County;;J.p to the year 2000, and stated this would be the ideal group to, serve as members of a Consolidation study Commission. Sandlin, reported, in his a municipality to have to part of a consolidated Vice-Chairman Mathews expressed appreciation to Staff for an excellent job in preparing the presentation. He expressed concern for moving forward with a consolidation study if the City does not postpone its proposed annexation. Chairman Greer reported the important issue is to provide good services through government at a lesser cost. After much thought and discussion with members of the public, he feels the municipal governments should remain as separate governments but work more cooperatively toward: combining services, such as water and sewer, law enforcement, planning, etc. to meet the growing demands of services at less cost to the taxpayers. City Councilmal)', Hamilton E. Hicks, Jr., agreed with Chairman Greer and supporte:r" the idea of the City and County working together to combine'Fervices that will be more cost effective. j :M~NU~ES OF REGULAR MEETIN~, NOVEMBER 21, 1994 P~GE .c3C}:J Mayor Don Betz inquired as to where the City and County should go from this point? . . I . Cha1.rman Greer reported he 1.S not prepared to answer th1.S question; however, if the City is planning to present an overview of consolidation, the Commissioners would be glad to attend the meeting and work with the City in deci4ing whether certain services should be combined or a consolidatio~ study committee should be established. I J ADJOURNMENT Chairman Greer expressed appreciation to the elected officials for taking time to attend the presentation and adjourned the meeting at 3:15 P.M. Respectfully submitted, ~vJ/~ Lucie F. Harrel:l, Clerk to the Board " ~, '> " . , T " "f: "1 " ." . ! f " .' . ~ ...... ~ . -'... ... ..J .- .- . , " ~:~;~i , o o o