1994-11-21 Regular Meeting
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-M;I'NUTES OF REGULAR MilETING, NOVEMBER 21, '1:994
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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.
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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.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 23.
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'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.
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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.
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A copy of the contract is on file in theiLegal Department.
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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.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 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.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 23.
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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.
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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:
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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:
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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.
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-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
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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:
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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.
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Approved
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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
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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.
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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.
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Chairman Greer, again, reiterated that',in his opinion this
cost should be paid by the Medical Center, not New Hanover County.
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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:
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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
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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
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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~
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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
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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
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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.
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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:
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Add 1 Building Inspector
Add 1 Electrical Inspector
Add 1 Plumbing Inspector
Add 1 Mechanical Inspector
Add 1 Plans Examiner
Add 1 Assistant Director
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$22,651
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$2.2,651
$22,651
$22,651
$25,002
$33,738
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MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994
PAGE 36'6
commissioner Caster inquired as to whether the inspectors must
be licensed?
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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.
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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.
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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.
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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:
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Voting Aye):
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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
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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
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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 .'
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Vice-Chairman Mathews .
Chairman Greer
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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
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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"!
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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.
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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).
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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.
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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'
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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.
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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?
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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
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POSTPONEMENT OF AN AMENDMENT TO THE 911 ORDINANCE ADDING PENALTY
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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
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MINUTES OF REGULAR MEETING, NOVEMBER 21, 1994
PAGE 370
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Commissioner to serve on the Museum's Building Committee. He
inquired as to whether a Commissioner would like to volunteer to
serve.
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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 .:,
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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.
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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:
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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
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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
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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:
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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.;
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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
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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.
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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.
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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.
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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.
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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.
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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:
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.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?;,
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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.
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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.
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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
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(1) Why has consol1dat1on suddenly become an issue?
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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.
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: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.
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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
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