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1995-03-20 Regular Meeting e e e ." """Il MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 579 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 20, 1995, 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 Reverend W. M. Holiness Church, gave OF ALLEGIANCE TO THE FLAG Wooten, Pastor of the First the invocation. Pentecostal Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The followipg items were received: Discussion on Involvement of The Wilmington cape Fear Homebuilders Association in Future Development of the county Sewer system Mr. Dean Potter, President of the Wilmington Cape Fear Homebuilders Association, reported the Association would like to be included in future expansion of the County Sewer System and take a proactive stance in developing the system instead of having to react to a plan already established. Also, the Homebuilders Association is concerned about increasing. impact fees as a way to generate additional revenue, and the Association feels this option should not be considered. Chairman Greer expressed appreciation to Mr. Potter for the remarks and reported the County will try to include the Homebuilders Association in the sewer expansion process. Request by Tim Sharp for Waiver of Sewer Impact Fee Mr. Tim S~arp expressed concern for having to pay a $375 impact fee to locate a mobile home on his lot along Creek Wood Road in the northern end of New Hanover County. He commented on needing the money to pay for installing a septic system and requested the Commissioners to waive the fee since sewer would not be available in this area for 10-15 years. After a brief discussion, no action was taken. Discussion of Room Occupancy Tax 'Captain Dave Sheu, Secretary of the Cape Fear Coast Convention and Visitors Bureau (CVB) Board of Directors, commented on tourism being the number one industry in North Carolina and reported the CVB desperately needs additional funds to promote tourism in New Hanover County in order to remain competitive with other areas. Figures were presented on the funds received and the effectiveness of the CVB in bringing tourism dollars to the County. In 'order to obtain more funds, the ('VB Board has prepared a resdlution to change the current distribution of receipts from the Room Occupancy Tax from 75% for beach renourishment and 25% for tourism to "601;" for beach renourishment and "40%" for tourism (the Cape Fear Coast Convention and Visitors Bureau). The Commissioners were requested to adopt a resolution of support to present a local bill to the legislature to change the funding distribution. Captain Sheu ~ ( I MINUTES OF REGULAR MEETING, MARCH 20" 1995 PAGE 580 reported N. C. House Representative Danny McComas had volunteered to introduce the local bill. commissioner sisson inquired as to whether the beach communities had been notified of the proposed change? Captain Sheu reported Carolina Beach had no problem with the proposed change; however, Kure Beach and Wrightsville Beach have not responded in support of the resolution: o commissioner Barone inquired as to whether the City of Wilmington had adopted the proposed resolution. captain Sheu reported the City of Wilmington has not adopted a similar resolution. Motion: After discussion of the value of tourism dollars to the County and the March 22, 1995, deadline for the introduction of local bills in the N. C. House of Representatives, Commissioner Barone MOVED, SECONDED by Commissioner sisson to adopt the resolution in support of changing the distribution formula of receipts from the Room Occupancy Tax to 60% for beach renourishment and 40% for tourism (the Cape Fear Coast Convention and Visitors Bureau). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner sisson to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA o Approval The meetings of Minutes Commissioners approved the minutes of as presented by the Clerk to the Board: the following Solid Waste Special Meeting Airport Authority Work Session Consolidation Work Session Regular Meeting February February February March 9, 9, 1995 24, 1995 28, 199'5 1995 Approval of Budget Amendment #95-0141 and Establishment of a Pretrial Screener position for the criminal Justice partnership Program The Commissioners approved the following Budget Amendment and established a Pretrial Screener position for the Criminal Justice Partnership Program: 95-0141 - Criminal Justice Partnership Program Debit Credit Grants criminal Justice Partnership Program $19,479 Salaries & Wages FICA Contracted Services Departmental Supplies Training & Travel Capital Outlay $6,500 $ 700 $1,500 $4,779 $1,000 $5,000 o Purpose: To budget funds received for the Criminal Justice Partnership Program - N.C. Department of correction. e e - 1'~: ~,;.,: ,il"""'~~"~~~';:.lP.~~:;W,'~ "'Il 1:'/:t;-.".'-t .....,,{, MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 581 Approval of Budget Amendment #95-0145 to Budget Funding From the Department of Environment, Health , Natural Resources (DEHNR) for the New Hanover county Year 2000 Committee - New Hanover County Health Department The Commiss~oners approved the following Budget Amendment to budget funds received from the Department of Environment, Health and Natural Resources to fund a prenatal care project of the New Hanover County Year 2000 Committee: #94-0145 - Health Department/Maternal Debit Credit Health Department/Maternal state Grant $11,686 Contracted Services $11,686 Approval of 1994 Exemption of Parcel #R04917-004-020-000 for the willow Pond Limited partnership The Commissioners approved a 1994 exemption for the willow Pond Limited Partnership with a refund of taxes paid in 1994 on the following property: Parcel .Number R04917-004-020-000 Address South of the intersection of Broad Street and Darlington Avenue and adjacent to the southern boundary of the Market North Apartments After a review of the appeal, it was determined by the Assistant County Attorney and Tax Administrator that the information received was adequate to exempt the property for 1994. Substantiating documents are available in the Tax Office. Acceptance of Tax Collection Reports through February 28, 1995 The Commissioners accepted the following Tax Collection Reports through February 28, 1995, 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 31. Adoption of Resolution Authorizing the Sale of Surplus Property Jointly OWned by the city of wilmington and New Hanover County The Commissioners adopted a resolution authorizing the sale of surplus property owned by the City of Wilmington and New Hanover County, identified as follows: Parcel Number R0054-14-004-011.000 Address 1022 South 13th Street Amount of Offer $1,670.00 Offeror: Rhonda Karen Marshall 1020 South 13th Street Wilmington, N.C. 28401 This property represents ad valorem tax values as of 1989 totalling $1,544.00. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. Adoption of Resolution Authorizing the Sale of surplus property Jointly OWned by the city of Wilmington and New Hanover county The Commissioners adopted a resolution authorizing the sale of surplus property owned by the City of Wilmington and New Hanover County, identified as follows: .olIIl / MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 582 Parcel Number R0054-10-002-004.000 Address 905 Castle street Amount of Offer $4,280.00 Offeror: Lewis A. Hines, Jr. 813 Red Cross street Wilmington, N. C. This property represents ad valorem tax values as of 1989 totalling $5,796.00 o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. Approval for Establishment of Income Maintenance Caseworker II position - Department of Social Services The Commissioners approved the establishment of an Income Maintenance Caseworker II position as a Medicaid worker for the Department of Social Services. The County's cost will be paid by the New Hanover Community Health Center. Approval of Budget Amendment 95-37 - Sheriff's Department . The Commissioners approved the following Budget Amendment: 95-37 - Controlled Substance TaX/Sheriff's Department Debit Credit Controlled Substance Tax Controlled Substance Tax $6,286 Controlled Substance Tax supplies $6,286 Purpose: To increase the budget for revenue received on February 2, 1995 in the amount of $6,286.05. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. o Approval of Budget Amendment 95-0131 - Social services/Child Day care/Administration/Title xx/county Commissioners' Office The Commissioners approved the following Budget Amendment: 95-0131 - Social services/child Day care/Administration/Title xx County Commissioners' Office Debit Credit Social Services! Child Dav Care Day Care Services $ 44,863 $ 44,863 social Services! Administration Administration Grants $300,000 Contracted Services Training & Travel Motor Vehicle Purchase $ 53,000 $ 15,000 $ 15,000 Social Services!Title XX Miscellaneous Client Cost Out-Of-County SW Travel $ 22,500 $ 15,000 o Countv Commissioners' Office Appropriated Fund Balance $179,500 Purpose: A. To budget $44,863 in additional State funding received for day care services. B. To budget a new revenue source that was established to lower the County dollars required for administration costs. This will decrease the amount of fund balance appropriated by $179,500 and e e e ; Ii" -:'~~.'1"'''' "'II ~' '1,\",;\",.. ... :~, 1'51:,"::-"'" .. ~ MINUTES OF REGULAR MEETING, MARCH 20, 1995 P1\.GE 583 provide DSS with a vehicle to transport clients that require out-of-county placement.- Approval of Budget Amendment #95-0142 To Budget contributions For The "Commit to Quit" Program - Health Department project Assist The-Commissioners approved the following Budget Amendment: 95-0142 - Health Department/project Assist Debit Credit Health Department! proiect Assist Contribution $1,500 Printing Miscellaneous $ 500 $1,000 Purpose: To budget contributions for the "Commit to Quit" program. Approval of Budget Amendment #95-0143 To Budget Additional state lAP Funds for Additional Supplies - Health Department Epidemiology The Commissioners approved the following Budget Amendment: 95-0143 - Health Department/Epidemiology Debit credit Health Dept.!Epidemioloqy lAP state $6,954 Departmental Supplies $6,954 Purpose: To budget additional State lAP funds for additional supplies. Approval of Budget Amendment #95-0144 To Transfer Funds From contingencies To Provide Partial Funding for Removal of Asphalt and Grading Services/Installation of Lights/New Hanover High School Tennis Courts - Parks Department The Commissioners approved ~he following Budget Amendment: 95-0144 - Non-Departmental/parks Department Debit Credit Non-Departmental contingencies, $4,000 Parks Department Contracted Services $4,000 Purpose: To transfer funds from contingencies. The remaining cost of the project will be funded by private contributions. Adoption of Resolution to Support the candidacy of Betty Lou Ward for NACo THIRD VICE-PRESIDENT The Commissioners adopted a resolution to support the 'candidacy of Betty Lou Ward for NACo Third Vice-President. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. Adoption of Proclamation Declaring Friday, March 24, 1995, as "Earl Jackson Day"in New Hanover County The Commissioners adopted a proclamation declaring Friday, March 24, 1995., as "Earl Jackson Day" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, 'Page 31. .... / MINUTES OF REGULAR MEETING, MARCH 20, 1995 . PAGE 584 PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS county Manager O'Neal requested the following employees to step forward to receive service awards: Allen O'Neal, County Manager Linell Joesy, Property Management Joseph R. Sigman, Sheriff's Department Wanda J. Rivenbark, Health Department Jerome Fennell, Property Management Peggy S. Beasley, Sheriff's Department James Parker, Sheriff's Department 5 years 5 years 5 years 5 years 10 years 0 10 years 10 years 15 years Bernadine G. Buffer, Tax Department Chairman Greer, on behalf of the Board, expressed appreciation to these employees for their dedicated years of service. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal introduced the following new County employees: Lloyd Prince, Inspections Department Robert Glasgow, Tax Department Anne Lawrence, Health Department Kimberleigh Crowell, Legal Department Donna Horne, Register of Deeds Tammy Donahue, Register of Deeds Tina Freeman, Register of Deeds Mike Marcelli, N. C. Cooperative Extension Service Shawn Ledbury, Management Information Systems ,Paul Majkut, Property Management Henry Green, Property Management Cheryl Creech, Department of Social Services Mary Brown, Department of Social Services .Kathleen Parnell, Department of Social Services _Ed~ard R?binson, Parks Department o _ . ,Chairman Greer, on behalf of the Board, welcomed the new County employees to County Government and wished them well in their new, positions. . CONSIDERATION OF A REQUEST BY THE CAPE FEAR RIVER PROGRAM FOR NEW HANOVER COUNTY TO ADOPT A RESOLUTION OF SUPPORT FOR A $200,000 FUNDING REQUEST FROM THE STATE LEGISLATURE Dr. James Merritt, representing the UNC-W Center for the Marine Science Reserve, reported the Cape Fear River is a vital natural resource to the area which affects industry and the quality of life in New Hanover county. The cape Fear River is th~ largest river basin in North Carolina with 27% of the State's population living in the basin with a projected population growth of over 2,000,000 by the year 2010. The demand on the river for'public use and general. services will increase as well as its importance to industrial and transportation activities throughout the State. He stressed the importance of properly managing the river and presented the following overview of the Cape Fear ,River Program: . . I Formation of the cape Fear River Program: In 1989, a group wa~ formed by the' Committee of 100 to study the impact of more stringent water regulations on the Cape Fear River Basin issued by the N. C. Department of Environmental Management. Four years later, the cape Fear River Program was officially established with a membership composed of private citizens representing industry, governmental officials, representatives from regulatory agencies, and two members from UNC-W. After meeting and reviewing the necessary structure, it was decided to request the UNC-W Found?tion to be the official organization to establish and control the budget, 'and request UNC-W to control the program so specific tasks could be achieved. o e e e 'All, ~ _r ;"w;~.:rF'f ' .. l' ':'(1 \'~S~ ..... , . 'V' >{, ~ "hi;, . , ''lit~itfI.. .,. .'t -;.i;"'<i" MINUTES 'OF REGULAR MEETING, MARCH 20, 1995 PAGE 585 Mission of the Cape Fear River Program. The mission of the Cape Fear River Program is to develop an understanding of processes which control and influence the Cape Fear River and to provide a mechanism for 'information exchange and public education, The following objectives were established: (1) Develop, implement, and manage a basin-wide coordinated physical, chemical, and biological water quality monitoring program. Point, non,..point, and naturally occurring sources would be considered in developing the monitoring plan. (2) Interact with regulatory agencies, academic institutions, local governments, local industries, and other groups to determine additional studies and analysis needed to develop an effective and successful management plan. Initiate the studies and assist in securing funding to conduct the research. (3) Develop scientific information to provide environmental education about the basin targeting point and non-point source contributors, and produce reports to identify changes or trends. (4) Develop, consolidate, and maintain a data base on the Cape Fear River Basin, including historical' and current data, and make data available to public and private requestors including regulatory agencies. In summary, the Commissioners were requested to adopt a resolution of support for a one-time funding request from the state Legislature in the amount of $200,000 to begin monitoring the lower Cape Fear River Basin. Mr. Kurt Taube, Executi ve Director of the LOwer Cape Fear Water and Sewer Authority, requested the Commissioners to adopt the proposed resolution, and he .presented a list of other counties and organizations that had adopted similar resolutions.. He reported The Lower Cape Fear Water and Sewer Authority had accomplished its original mission, which was to make available 45,000,000 gallons of water per day to southeastern Nor.th Carolina. The Authority became involved in the Cape Fear River Program to preserve the quality of the water supply in the river while identifying the best potential uses to meet economic development needs. Mr. Gene Renzaglia, the industry representative on the Cape Fear River Program Advisory Board and the Plant Manager of Occidental Chemical, reported he had been involved with the quality of water ~n the Cape River for the past six years. He noted the plan of action proposed for monitoring and managing the river was a viable solution and would provide a long-range plan for protecting the quality of water. Currently, 85% of pollutants that occui in the river are from non-point sources. This program would provide the necessary data to make sound scientific decisions as to what industrial uses can be added to the river without damage, such as expansion of the County's Wastewater Treatment Systemj the existing hog plantsj and new industries. He commented on industry b!,!ing supportive of the Cape Fear River Program and urged the Commissioners to adopt a resolution of support for the one-time St?te funding request in the amount of $200,000. Chairman Greer commented on the various groups, such as the Cape F€ar River Assembly, and requested an explanation of whether there was a duplication of services among the organizations. Mr. Kurt Taube reported there was no duplication of services between the Cape Fear River Assembly and the Cape Fear River Program. The purpose of The Cape Fear River Program is to provide one organization for all functions. ..... /~ MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 586 Mr. Renzaglia responded the Cape Fear River Program will be a combined effort with the Cape Fear River Assembly, which has been involved with monitoring the upper part of the river for a number of years. The state of North Carolina would like to manage the river system on a basin-wide program, which means a distance of 120 miles up the river. The Cape Fear River Assembly will assist with development of the program further upstream. Chairman Greer inquired as to how the program had been funded during the past? o Mr. Kurt Taube responded through private funds. Mr. Renzaglia reported the original program was funded by industry in an amount of $125,000. As of this date, industry has donated an additional $115,000 because these companies feel the Cape Fear River should be monitored and managed. Chairman Greer agreed with the need for the program, but expressed concern for the government being requested to foot the bill when industry will be the primary benefactor of the program. Mr. Renzaglia reported the program must be a combined effort of industry, government, and the local citizenry. The Cape Fear River Program is not industry driven because industry could slant or taint the data produced in the water sampling and monitoring process. Chairman Greer commented on the $200,000 and asked how the state funds would be managed? Mr. Taube reported a contractual arrangement would be developed between UNC-W and the Lower Cape Fear Water and Sewer Authority for the funds to be forwarded to the Cape Fear River Program. Also, the contract would specifically state how the, funds should be used. o Discussion was held on the Chancellor at UNC-W being authorized to appoint the members to the Cape Fear River Program. Dr. Merritt reported since the program is sponsored by UNC-W, the Chancellor must approve appointmepts and other activities of the program., Normally, persons recommended for appointment by. the various organizations are accepted and ratified by the Chancellor. Motion: After discussion of the program not being a duplication of efforts and the need to identify the non-point sources of pollution, Vice-Chairman Mathews MOVED, SECONDED by Commissioner sisson to adopt the resolution as presented. The floor was opened for discussion. - commissioner Barone expressed concern for UNC-W being. the lead agency and stated she felt the program should be funded. from private sources. Dr. Merritt responded that UNC-W was sponsoring the program, not creating the program. Chairman Greer inquired as to whether future funding would be requested? Dr. Merritt responded the state funds are needed to begin the monitoring of the'river; however, he could not say that additional funds would not be requested in the future. commissioner Barone commented on the budget outlined on Page 31 and inquired as to whether Dr. Merritt would receive the $70,000 salary for the first year, $162,000' salary for the second year; and $167~000 salary for the third year. . . o e e e t';;i"}" #ff;.'''~~~y; _I.;l" " ""l :iv',*,,' ~ V"; MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 587 Dr. Merritt reported the salaries are budgeted for research technicians to collect and analyze the data. The $70,000 for the current year will be used to pay the salaries of two (2) research technicians who will begin the data collection process. Commissioner Barone reported this type of work should be given to the private sector of the community, not UNC-W. commissioner sisson reported the private sector does not have the academic personnel or proper equipment to provide the services necessary to collect and analyze the data. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster commissioner sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. BREAK Chairman Greer called a break from 10:15 A.M. until 10:30 A.M. CONSIDERATION OF A REQUEST FROM FRIENDS OF THE PROGRAMS, INC. FOR MATCHING FUNDS Mr. Gary P. Doyle, President/Executive Director of the Friends of the Programs, Inc., reported the foundation is a non-prOfit organization composed of approximately 600 members. Events have been sponsored to raise money, and the First Annual Golf Tournament held at the Landfall Club raised funds in the amount of $32,000. The Board of Directors issued commitment letters in the amount of $32,000 to Laney High School, Trask and Noble Middle Schools, and Supper and Cape Fear Optimist Clubs. with $1,500 from the Friends of the Programs, Inc., a $7,500 contribution from the Supper Optimist Club, and a small amount of funds from New Hanover County, volunteers worked approximately five weeks to completely renovate three athletic fields at the Supper Optimist Blair site. The fields are now ready for use by the Little League Baseball teams this spring. After discussion with the Superintendent of schools, Dr. Dale Martin, and Mrs. Janice Cavenaugh, Chairman of the Board of Education, a matching program has been established with the schools to match the $10,000 Noble commitment by the Friends of the Programs, Inc. for the renovation of the baseball field, soccer field, and softball field, including the retention ponds and areas around the fields. The foundation has organized business interests and individual c~tizens that are committed to a long-term effort to enhance the land adjacent to the school facilities for development of athletic fields and parks. The Board of Education has committed to a match of $10,000 for the program, and the commissioners are being requested to approve a $10,000 match. commissioner Barone commented on the Board of Education match in the amount of $10,000 and inquired as to whether this item wOuld be pla~ed in the school's continuing budget? Dr. Martin responded the Board of Education would make every effort possible to place matChing funds in a continuing budget. He placed emph~sis' on the amount of money saved by volunteers performing the work and reported this ,program would greatly improve outdoor recreational facilities for New Hanover County Schools. Chairman Greer asked who would be in charge of maintaining the renovated 'facilities? .... / MINUTES OF REGULAR MEETING, MARCH 20~ 1995 PAGE 588 Mr. Doyle responded the site would be manage~ by either the New Hanover County Parks Department or the School System. Chairman Greer commended Mr. Doyle and the members of the foundation for initiating the program and reported, in his opinion, this was an excellent way for the schools and citizens of the community to become jointly involved with upgrading the athletic fields and parks throughout the County. He inquired as to whether the members of the foundation understood that New Hanover County would have control over County sites through the Parks Department and the Parks & Recreation Advisory Board? o Mr. Doyle reported this was understood by the members of the foundation. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve a match of $10,000 allocated to the New Hanover County Board of Education under a separate line item for monitoring and auditing of the funds, and approve the associated Budget Amendment as listed below contingent upon the funds being used to develop a Comprehensive Master Plan; future request for funds coinciding with the budget process; and future facility development meeting County standards for maintenance and operation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #95-0153 Agencies/Cultural , Recreation Non-Department/Outside Debit Credit" Non-Departmental contingencies $10,000 Outside Aqencies/Cultural & Recreation New Hanover County Board of Education $10,000 o THE 1995 BOARD OF EQUALIZATION AND REVIEW SCHEDULED TO CONVENE ON APRIL 18, 1995 Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster for the Board of County Commissioners to convene as the 1995 Board of Equalization and Review on April 18, 1995, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested the Tax Administrator to update the Board on plans for the revaluation process. , Tax Administrator, Roland Register, reported Staff is in the process of going out in the field and collecting data. Once the field work has been completed, temporary clerical staff will be hired in. July to begin keying in the data collected. The standards will b~ constructed and presented for approval to the Board of County Commissioners in July 1996. The January 1, 1997, tax b~lls will reflect the new figures, and notices will be mailed in November 1996 to give taxpayers time to hold informal hearings with the Tax Department through the end of March 1997 in preparation for the April 1997 Board of Equalization and Review meeting. o MEETING RECESSED TO HOLD A MEETING OF THE WATER , SEWER DISTRICT Chairman Greer convened from Regular Session at 10:50 A.M. until 11:16 A.M. to hold a meeting of the Water & Sewer District. COMMITTEE APPOINTMENTS Appointment of Thomas L. Dodson to Serve on - the Industrial Facilities and Pollution Control Financing Authority Chairman Greer "announced there was one vacancy on the Industrial Facilities and Pollution Control Financing Authority with five applications received. He opened the floor to receive ~,'lI'" "',".' ~ "~~" ;t.~i::: M~NUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 589 nominations. Commissioner Barone nominated vinson E. Fountain, III. The nomination was seconded by Commissioner Caster. vice-Chairman Mathews nominated Thomas L. Dodson. The nomination was seconded by Commissioner sisson. e There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of vinson E. Fountain, III. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster voting Nay: commissioner Sisson Vice-Chairman Mathews Chairman Greer e Vote: Chairman Greer called for a vote on the appointment of Thomas L., Dodson. Upon vote, Thomas L. Dodson was unanimously appointed to serve a three-year term on the Industrial Facilities and Pollution Control Financing Authority with the term to expire on February 22, 2001. Appointment of Commissioner Barone and Reappointment of Dan W. Eller to Serve on the Lower Cape Fear Water and Sewer Authority Commissioner Barone reported the Clerk to the Board had furnished 'a list of current members on the Lower Cape Fear Water and Sewer Authority, and she explained that New Hanover County was the only County without an elected official serving on the Authority. Commissioner Barone stressed the importance of better communication between the Authority and County and recommended appointing a County commissioner to serve on the Lower Cape Fear Water and Sewer Authority.. After discussion, both Commission~r Barone and Commissioner Sisson expressed a desire to serve on the Lower Cape Fear Water and Sewer Authority. Consensus: After further discussion, Commissioner Sisson withdrew his name, and the Board by consensus appointed Commissioner Barone to serve on the Lower cape Fear Water and Sewer Authority. The Clerk to the Board was directed to add the Lower Cape Fear Water and Sewer Authority to the list of boards and committees that require the annual appointment of a County Commissioner at the second meeting in December. Motion: After further discussion, Chairman Greer MOVED, SECONDED by Commissioner Barone to reappoint Dan W. Eller to serve another three-year term on the Lower Cape Fear Water and Sewer Authority to expire March 31, 1998. Upon vote, the MOTION CARRIED' UNANIMOUSLY. e Discussion was held on the need to adhere to 'the Committee Appointment Policy which declares a person ineligible to serve more than two 3-year terms. It was agreed this rule should apply to all committee appointments, other than committees with stipulated terms under North Carolina General Statutes. - .,. . . \ ADDITIONAL ITEMS ADOPTION OF RESOLUTION TO OPPOSE STATE LEGISLATION REGARDING PUBLIC TRUST WATERS Chairman Greer presented and requested adoption of a resolution to oppose State Legisla"tion regarding public trust waters. The legislation would place additional burdens on commercial/private marina and dock facilities with the ~ ~INUTES OF REGULAR MEETING, MARCH ~O, 1995 PAGE 590 implementation of easement fees for existing and future marinas, docks, piers and other structures located over public trust waters. He reported the Town of Wrightsville Beach and many other coastal communities had adopted similar resolutions in opposition to the proposed legislation. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone-to adopt the resolution as presented. The flool:: was opened for discussion. commissioner Sisson inquired as addressed the issue of pumping stations these facilities not being available to to whether marinas have and expressed concern for boaters? o Mr. George Bond, representing Seapath Marina, reported the State had established a grant program to assist marinas with installing pumping stations. He informed the Board that Seapath Marina had received a grant and installed a new pumping station with 80% of the cost paid by the State. He stated with the grant program most marinas will install pumping stations, and with the $5 cap per pump-out enacted by the State, people should use the pumping stations. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 31. APPROVAL FOR THE PURCHASE OF TEN (10) VEHICLES FOR THE SHERIFF'S DEPARTMENT County Manager O'Neal reported on a delay in the delivery of ten (10) vehicles for the Patrol Division of the Sheriff's Department and informed the Board that 100 patrol cars were available in Raleigh because the Highway Patrol Department had ordered the cars and was not satisfied with the color. He informed the Board that Sheriff McQueen has requested authorization to use recent lottery receipts for the purchase of ten (10) vehicles that will not be used by the Highway Patrol Department. o Motion: After discussion of the money that would be saved, Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve the following Budget Amendment to allow the Sheriff to purchas~- ten (10) vehicles. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #95-0155 - Sheriff's Department/Administration Debit Credit Sheriff's Dept./Administration Other $180,968 Motor Vehicle Purchases $180,968 Purpose: To budget lottery receipts for purchase of ten (10) vehicles for the Patrol Division of the Sheriff's Department. DISCUSSION OF LOCAL REVENUE BILLS PROPOSED BY JOHNSTON COUNTY AND N. C. HOUSE REPRESENTATIVE BILL OWENS County Manager O'Neal commented on the local revenue bill requested by Johnston County and the bill introduced by former County Commissioner, N. C. House Representative Bill Owens. The bill proposed by Representative Owens would provide for an additional one percent sales tax upon voter approval with the proceeds being used for school construction, school renovation, or debt service. o The Johnston county bill is composed of three components: (1) a land transfer tax with counties authorized to levy up to a maximum of 2%; (2) a $750 impact fee on all new construction; and (.3) a one percent sales tax for school facility needs without voter . e e e .. ',. """II "}o'.i:4i, ;.t,) MINUTES OF REGULAR MEETING, MARCH 20, 1995 PAGE 591 approval. New Hanover County would generate $15,299,320 from a 2 percent land transfer tax; $2,231,250 from a $750 impact fee on new construction; and $11,000,000 from a one percent sales tax. County Manager O'Neal inquired as to whether the Board would like to sign-on to the proposed local revenue bill introduced by Johnston County (which would become a state-wide bill with support from fifteen other counties), or the bill introduced by Representative Owens? Chairman Greer reported he did not have a problem with the bill introduced by Representative Owens because the voters wou~d have to approve the additional one percent sales tax for funding school facility needs. After further discussion of the bills introduced, no action was taken. The members of the Board decided to contact the legislators individually if they were supportive of either bill. DISCUSSION OF FRpPOSED FLOW CONTROL LEGISLATION County Attorney Copley reported a letter had been prepared for the Chairman to oppose the flow control legislation introduced by U. S. Senator Robert C. smith. Consensus: It was the consensus of the Board for the Chairman to forward a letter to the members of the Superfund, Waste Control and Risk Assessment Subcommittee. DISCUSSION OF QUALIFIED EXCEPTION FOR NEW HANOVER COUNTY FROM THE PUBL!C RECORDS ACT FOR CERTAIN DATA ON THE GEOGRAPHICAL INFORMATION SYSTEM County Attorney Copley reported a local act had been prepared to make a qualified exception for New Hanover County from the Public Records Act for certain information on the geographical information system. This act would allow the County to charge a reasonable cost for making copies of geographical records and maps as well as restrict the commercial resale of such information. Motion: After discussion of the City and County funds invested in the geographical information system, Commissioner Sisson MOVED, SECONDED by Commissioner Barone to have the local act introduced for New HanoVer County to receive a qualified exception from the Public Records Act. The floor was opened for discussion. . Chairman Greer reported he could not vote on the motion because he had not been properly informed about the proposed bill. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer APPOINTMENT OF NEW MEMBERS TO SERVE ON THE CRIMINAL JUSTICE PARTNERSHIP BOARD Deputy County Manager, Andrew J. Atkinson, requested appointment of Sherri Yelton and Jo Ann Zerella to serve on the Criminal Justice Partnership Board. Motion: commissioner Sisson MOVED, SECONDED by Vice-Chairman Math~ws to appoint Sherri Yelton and Jo Ann Zerella to serve on the Criminal Justice Partnership Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ / MINUTES OF REGULAR MEETING, ~CH 20, 1995 PAGE 592 ADJOURNMENT Chairman Greer adjourned the meeting ,at 11:50 A.M. f? .~ ~ '.' i> Respectfully submitted, ~v/~ Lucl.e F. Harrell Clerk to the Board ..' o o o