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1996-06-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 441 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 17, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut 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 all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Deputy County Manager, Andrew J. Atkinson, gave the invocation. Chairman Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time was reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following item was presented: Discussion of Blackmon Construction Company Site Ms. Vaness Brown Middleton requested the Board to discuss the Blackmon Construction Company site located off of Carolina Beach Road as an agenda item for July 1, 1996. She advised the Board that Blackmon Construction Company had operated a dump site in a residentially zoned area for a period of six years under a State permit issued for highway construction. Due to this operation, trucks have become a nuisance and created a traffic hazard to the residents living along this section of Carolina Beach Road. Many of the residents are concerned about the problems being created from this operation and would like for the Board to assist them with terminating this operation in a residentially zoned area. Mr. Alfred Middleton expressed concern for not receiving State maintenance of the road. He advised that his parents' home had nearly been destroyed because of the dust created by the trucks passing by the residence. At the beginning of the operation, the local N. C. Department of Transportation had agreed to water down the road; however, this has not occurred. When contacting the local Department of Transportation office to request proper maintenance, no response has been received. Chairman Greer expressed appreciation to Mr. & Mrs. Middleton for bringing this matter to the attention of the Board, and he requested Staff to check into this matter and report their findings to Mr. and Mrs. Middleton and the Board of County Commissioners. If any Board action is required, then this item will be placed on the agenda for consideration at a future meeting. INTRODUCTION OF NEW FIRE SERVICES ADMINISTRATOR County Manager, Allen O'Neal, introduced Mr. Phil Kouwe, the new Fire Services Administrator. Chairman Greer, on behalf of the Board, welcomed Mr. Kouwe to New Hanover County and wished him well in his new position. PUBLIC HEARING TO CONSIDER CLOSING WATERCREST STREET IN BRANDYWINE SUBDIVISION CONTINUED TO JULY 1, 1996 Chairman Greer announced that Item 3, Continuance of a Public NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 442 Hearing to consider closing Watercrest Street in Brandywine Subdivision, had been postponed until July 1, 1996, at 7:30 P.M. in order to provide a better opportunity for the public to attend and comment on the road closing. POSTPONEMENT OF APPOINTMENTS TO THE NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS UNTIL JULY 1, 1996 Chairman Greer announced that due to some revisions in the By- Laws for the New Hanover County Board of Fire Commissioners, the committee appointments had been postponed until July 1, 1996. APPROVAL OF CONSENT AGENDA Chairman Greer announced that a revision to Budget Amendment #96-0237 (Consent Agenda 10-I) had been presented and requested the Board to adopt the Budget Amendment as revised when approving the Consent Agenda. Chairman Greer requested removal of Consent Agenda Item #8 for further discussion. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented with approval of the revision to Budget Amendment #96-0237 and removal of Item #8 as requested by Chairman Greer. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular Meeting, May 6, 1996 Work Session with Airport Authority, May 10, 1996 Work Session on Hospital Bond Issue, May 16, 1996 Work Session on Internet, May 20, 1996 Work Session with Cape Fear Community College, May 23, 1996 Budget Work Session, May 30, 1996 Acceptance of Tax Collection Reports Through May 31, 1996 The Commissioners accepted the following Tax Collection Reports through May 31, 1996, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 20. Approval of Change Order 95-0281-01 with Post, Buckley, Schuh, & Jernigan, Inc. for Landfill Cell 3A Inspection Services The Commissioners approved a change order to Post, Buckley, Schuh, & Jernigan, Inc. in the amount of $3,750 to pay for four (4) additional days of inspection services during completion of the liner installation. The cost for the additional services will be recovered through liquidated damages assessed against the contractor at the completion of the work. A copy of the change order is on file in the Legal Department. Adoption of Resolution for the Sale of Surplus Property Owned by New Hanover County The Commissioners adopted a resolution accepting an offer for the sale of surplus property owned by New Hanover County identified as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 443 Parcel Number Tax Market Value Value RO5409-028-003.000 805 South 4th Street $1,863 $1,815 Amount of Offer: $1,815 Offerer: Linwood Nesbitt & Wife, Eria W. Nesbitt Tommy Lee Nesbitt & Wife, Phyllis Nesbitt 612 Bracken Fern Road Wilmington, N. C. 28405 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. Adoption of Resolution Conveying Jointly Owned City and County Property to Wilmington Housing Finance and Development, Inc. The Commissioners adopted a resolution conveying jointly owned City and County property to Wilmington Housing Finance and Development, Inc., for the construction of an owner-occupied, single-family residence. The property is identified as follows: Parcel Number Address Tax Value 048-09-038-022.000 911 North Fifth Street $2,051 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. Award of Bid #96-0445 (Contract #96-0445) to Eastern Technology Associates, Inc. for the Purchase of Printers for the Department of Social Services The Commissioners adopted a resolution awarding a bid in the amount of $92,295 to Eastern Technology Associates, Inc., the lowest responsible bidder, for the purchase of twenty-one AS/400 printers for the Department of Social Services. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. A copy of the contract is on file in the Legal Department. Adoption of Resolution Approving the Filing of a Grant Application for a Drainage/Mosquito Control Project at Hamby Beach The Commissioners adopted a resolution approving the filing of a grant application and acceptance of the grant if awarded by the Department of Environmental Health and Natural Resources Division of Water Resources for a Drainage/Mosquito Control Project at Hamby Beach. The drainage project is needed in the Hamby Beach area and matching funds will be provided through in-kind services in the amount of $43,785. No additional County funds are required. The Chairman was authorized to execute the grant application. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. Reappointment of Teresa Goldston to Serve on the Nursing Home Community Advisory Committee The Commissioners reappointed Teresa Goldston to serve a three-year term on the Nursing Home Community Advisory Committee the representative for the Nursing Home Administrators. The term will expire June 1, 1999. Approval of Budget Amendment #96-51 - Sheriff's Department The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 444 #96-51 Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $8,575 Controlled Substance Tax Supplies $8,575 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-52 - Parks Department The Commissioners approved the following Budget Amendment: Parks Capital Project Debit Credit Parks Capital Project LWCF - Castle Hayne Park Grant $14,213 Parks Capital Project Other Improvements $14,213 Purpose: To increase the budget as a result of an amendment to the grant. Approval of Budget Amendment #96-53 - Sheriff's Department The Commissioners approved the following Budget Amendment: #96-53 Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $3,863 Federal Forfeited Property Supplies $3,863 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-0233 - Various Departments The Commissioners approved the following Budget Amendment: #96-0233 Debit Credit MIS Installment Loan Proceeds $188,109 Sales of Fixed Assets 6,154 Capital Outlay/Equipment $194,263 EMS Installment Loan Proceeds $145,544 Capital Outlay/Equipment $145,544 Health Installment Loan Proceeds $ 46,548 Capital Outlay/Equipment $ 46,548 Social Services Installment Loan Proceeds $ 45,437 Sales of Fixed Assets 6,154 Capital Outlay/Equipment $ 51,591 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 445 (Budget Amendment #96-0233 continued) Debit Credit Water & Sewer Installment Loan Proceeds $ 11,837 Capital Outlay/Equipment $ 11,837 Purpose: To record the remaining installment debt purchases for FY 1995-96 as follows (for accounting purposes only): MIS:The purchase of the ROLM Telephone System upgrade and equipment trade-in. EMS:The purchase of Cardiac monitor/defibrillators. Health:The purchase of the ROLM Telephone System upgrade. DSS:The purchase of the ROLM Telephone System upgrade and equipment trade-in. W&S:The purchase of a pump. Approval of Budget Amendment #96-0229 - Sheriff's Department The Commissioners approved the following Budget Amendment: #96-0229 - Sheriff's Department Administration Debit Credit Sheriff's Department/Administration Other $2,746 Fuel & Supplies $ 421 Salaries & Wages 2,325 Purpose: To budget a reimbursement from the Department of Justice for overtime and fuel expenses incurred by the Sheriff's Department during investigations. Approval of Budget Amendment #96-0234 - Property Management The Commissioners approved the following Budget Amendment: #96-0234 - Property Management Debit Credit Property Management Other $12,700 Maintenance & Repair/Buildings & Grounds $12,700 Purpose: To budget insurance proceeds and receipts from selling scrap metal. Approval of Budget Amendment #96-0235 - Library The Commissioners approved the following Budget Amendment: #96-0235 - Library Debit Credit Library Contribution $8,275 Lost Books 3,525 Books & Periodicals $11,800 Purpose: To budget proceeds from the Friends of the Library book sale and reimbursements from lost books. Approval of Budget Amendment #96-0236 - New Hanover County Schools The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 446 #96-0236 - New Hanover County Schools Debit Credit New Hanover County Schools School Capital Outlay/Cat. I - Technology $4,653 School Capital Outlay/Cat. I - Partitions $4,653 Purpose: To transfer funds from Partitions to School Construction for Technology (within School Capital Outlay Category I) as requested by New Hanover County Schools from CATV System at New Hanover High School (original appropriation changed more than 25 percent). Approval of Revised Budget Amendment #96-0237 - 1/2 Cent Sales Tax Fund The Commissioners approved the following Budget Amendment: #96-0237 - 1/2 Cent Sales Tax Fund Debit Credit 1/2 Cent Sales Tax Fund 1/2 Cent Article 40 Tax - Unrestricted $290,000 1/2 Cent Article 40 Tax - Schools 125,000 1/2 Cent Article 42 Tax - Unrestricted 162,000 1/2 Cent Article 42 Tax - Schools 245,000 Transfer to Public Schools Fund $370,000 Transfer to Other Funds - Sewer $452,000 Public Schools Fund Transfer In - 1/2 Cent Sales Tax Fund $370,000 Appropriated Fund Balance $370,000 Sewer Operating Fund Operating Transfer In $452,000 Appropriated Fund Balance $452,000 Purpose: To budget greater than anticipated One-Half Cent Sales Tax revenue. Approval of Budget Amendment #96-0238 - Tax Department/Outside Agencies/Economic & Physical The Commissioners approved the following Budget Amendment: #96-0238 - Tax Department Outside Agencies/Economic & Physical Debit Credit Tax Department Room Occupancy Tax - Tourism $200,000 Outside Agencies/Economic & Physical Convention & Visitors Bureau $200,000 Purpose: To budget an increase in the Room Occupancy Tax/Tourism distribution to the Convention & Visitors Bureau. Additional revenue is due to allocation change and greater than anticipated tourism in the area. Approval of Budget Amendment #96-0239 - Inspections Department The Commissioners approved the following Budget Amendment: #96-0239 - Inspections Debit Credit Inspections Inspection Fees $261,836 Capital Outlay $261,836 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 447 Purpose: To budget greater than anticipated inspection fees to begin the automation process in the Inspections Department. This was approved in concept by the Board of County Commissioners in February, 1996. (A portion of the funds may need to be part of the carry-over to FY 1996-97.) ACTION DEFERRED ON ADDING ROADS TO THE STATE HIGHWAY SYSTEM IN QUAIL WOODS SUBDIVISION, SECTIONS 9 AND 10, AND AN UNNAMED ROAD OFF OF ROCK HILL ROAD TO THE N. C. HIGHWAY SYSTEM Chairman Greer commented on the memorandum received from Staff Planner, Sam Burgess, relative to an unnamed road known as Whitted Circle and roads in Quail Woods Subdivision and requested postponement of action on the resolutions until a report has been received from Staff. Consensus: It was the consensus of the Board to postpone action on the resolution until a report has been received from the Planning Department. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following County employees to step forward to receive service awards: Name Number of Years Elizabeth B. Potter, Tax Department 15 Elinda P. Crowningshield, Sheriff's Dept. 15 Chairman Greer, on behalf of the Board, presented a service award to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. RECOGNITION OF AWARD OF FINANCIAL REPORTING ACHIEVEMENT TO THE FINANCE DEPARTMENT FOR FISCAL YEAR ENDING JUNE 30, 1995 Chairman Greer announced that official notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Certificate of Achievement for Excellence in Financial Reporting for the fifteenth consecutive year. He advised this was the highest form of recognition in governmental and financial reporting, and he requested the Director of Finance, Bruce Shell, to step forward to receive the certificate and plaque. Chairman Greer, on behalf of the Board, presented the certificate and plaque and congratulated Finance Director, Bruce Shell, and Assistant Finance Director, Julie Griffin, for this outstanding record. He expressed appreciation to the Finance Director and employees in the Finance Department for the dedicated work given to accomplish this annual recognition. CONSIDERATION OF THE FISCAL YEAR 1996-97 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE SPECIAL FIRE DISTRICT County Manager O'Neal reported at the Budget Work Sessions held by the Board the following items were discussed and recommended: (1)Reduce funding for the Friends of Public Radio by $1,290 from $7,290 to $6,000. (2)Approve funding in the amount of $5,000 for the Bellamy Mansion. No funding was recommended in the proposed budget. (3)Approve funding in the amount of $10,000 to the Lower Cape Fear Hospice. No funding was recommended in the proposed budget. (4)Approve funding in the amount of $13,500 to the Community Penalties Program. No funding was recommended in the proposed budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 448 (5)Approve an additional $5,000 to the Big Buddy Program for a total funding of $15,000. (6)Approve funding in the amount of $100 to the New Hanover Commission for Women. No funding was recommended in the proposed budget. (7)Approve funding in the amount of $10,000 to the Cape Fear River Program. (8)Appropriated $35,000 in the budget for hiring a Public Information Officer for the last six months of FY 1996-97. County Manager O'Neal advised that if the funding recommendations for the outside agencies were approved as presented, the total increase would be $42,310 plus the $35,000 for establishment of a Public Information Officer for a total increase of $77,310, not including schools. Also, discussion has occurred about funding CAD eligible costs from the 911 Surcharge with a transfer of these general funds to the schools. At the June 13, 1996, Budget Work Session, it was agreed to approve the following new positions for the Health Department and Sheriff's Department with cost of the positions being absorbed in the FY 1996-97 department budgets: Health/Environmental Health - Program Specialist Health/Animal Control - Clerical Specialist I Sheriff/911 - Clerical Assistant I Sheriff/Administration - One Deputy Sheriff (Desk) Sheriff/Patrol - One Sergeant and three Deputy Sheriffs for patrolling high crime areas. Sheriff/Jail - Clerical Assistant from part-time to full-time position. Chairman Greer asked if the Health Director had been contacted about absorbing the two new positions in the FY 1996-97 Budget? Budget Director, Cam Griffin, advised that the two new positions could be funded from the salary lag and additional unanticipated revenues that will be received by the Health Department. She stated that discussion had been held with the Sheriff but not the Health Director because he has been out-of- town. Commissioner Barone commented on the volunteer program established by the Animal Control Center and asked why there was a need for the Clerical Specialist I position? Budget Director Griffin advised that problems had been experienced with the volunteers in the performance of office work because the volunteers preferred to work directly with the animals in lieu of answering telephones or performing data entry work. County Manager O'Neal reported a lengthy discussion was held on funding for the schools at the Budget Work Session held on June 13, 1996, with no final agreement reached. The following items were suggested: (1)Transfer the $300,000 budgeted for the Castle Hayne Branch Library land acquisition to the schools. (2)Increase the tax rate by an additional one-half cent or two cents to provide more funding to the schools and assist with payment of the debt service. This increase would be in addition to the one cent tax increase recommended by the County Manager. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 449 (3)Transfer General Fund dollars not required to fund the 911 Center to the schools. County Manager O'Neal presented five options to provide additional funds to the schools. The following option was discussed: Option 2 Transfer $300,000 budgeted for the Castle Hayne $ 300,000 Branch Library land to the schools Transfer funds replaced by budgeting the 911 $ 424,400 Surcharge to schools Increase the tax rate by an additional half- $ 441,000 cent from 64 cents to 64.5 cents with proceeds transferred to schools Additional Contribution to schools $ 1,165,400 Additional increase in tax rate as referenced above .5 cent Gap between schools' request and recommended budget $ 3,702,120 (without high school funding) Total Contribution to Schools $33,408,567 Vice-Chairman Mathews expressed concern for using the $300,000 budgeted for land acquisition to construct a branch library in the Castle Hayne area and inquired as to whether a time table had been discussed for construction of the branch library? If not, could some type of creative financing be used to purchase the property over a period of time. County Manager O'Neal responded no definite time table had been established; however, the $192,750 needed to purchase the property could be financed for five years with an annual payment of $46,243 for four years and a final payment of $34,682 at the end of the fifth year. Commissioner Barone agreed with Vice-Chairman Mathews and stated funding for the Castle Hayne Branch Library should not be removed because the citizens in this area are continually promised items that are never fulfilled by the Board. Chairman Greer stated he could not remember voting as a Board to purchase the property in the Castle Hayne area for construction of a branch library. Also, the Board should consider leasing the space since this type of an arrangement has worked well for the Wrightsville Beach area. County Manager O'Neal responded that he thought the Board had agreed to move forward with purchasing a site for constructing a branch library in the Castle Hayne area; however, Staff could investigate the possibility of leasing space. Commissioner Sisson reported leasing space at Wrightsville Beach has worked well; therefore, the Board may wish to consider selling or trading the property on the Military Cut-Off Road to purchase property in the Castle Hayne area. County Manager O'Neal reported the Plaza East Branch Library was heavily used; therefore, it may not be wise to sell or trade the land on Military Cut-Off Road because a larger facility will be needed in the near future. Commissioner Caster asked if a long-range plan had been developed for the future location of branch libraries, including renovations on the downtown building? County Manager O'Neal responded that a long-range plan had not been developed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 450 Commissioner Caster stated in his opinion, a long-range plan should be developed before purchasing any property for branch libraries. He emphasized the need to provide more funding to the schools and stated he was supportive of the library, but the school needs were his first priority. Ms. Janet Durham, a member of the Library Advisory Board, reported on the growth in the usage of the library system. She commented on the problems being experienced with parking at Plaza East and reported with the continued growth in use of this facility, the space would not be adequate in the near future. She reported on the improvements and expansions that need to be made to the Carolina Beach Branch Library, main Library, and Myrtle Grove Branch Library and stated in order to meet these needs the Board may wish to consider a library bond issue. Ms. Durham requested the Board to consider purchasing the Castle Hayne site at $192,000 without budgeting for the architectural expenses and using creative financing to pay for the property over a period of time. Commissioner Barone advised that she felt the Library and Museum should be privatized over a period of time. Commissioner Caster recommended increasing the tax rate by an additional one-half cent to cover the school bond debt and adopt the FY 1996-97 Budget based upon the tax rate increasing from 63 cents to 64.5 cents along with the other items listed in Option 2. Discussion was held on expenses that are eligible to be funded from the proceeds of the 911 Surcharge. Budget Director Griffin reported the following items are eligible for funding: Equipment Rent: Rent on Terminals $ 25,200 Rent on Radio Communications Equipment 169,912 $195,112 Contracted Service: Contract with Intergraph for Mapping System $ 48,000 Contract with Intergraph for CAD System 66,288 $114,288 Telephone Expense: Charges for Service $115,000 TOTAL ELIGIBLE CHARGES $424,400 Commissioner Sisson suggested increasing the tax rate by an additional two cents in order to move forward with catching up on maintenance needs for the schools that have been neglected for decades. He placed emphasis on providing environmentally safe buildings for students. Commissioner Barone inquired as to the amount of the debt service on the school bonds for the upcoming year? County Manager O'Neal responded the debt service was $1,522,717. Also, there will be an additional operating cost for the new schools at $764,387 for a total of $2,287,104. Commissioner Barone stated if the Board of Education had a Budget Director like New Hanover County, the Commissioners would be able to determine how basic funds are being spent. She stated, in her opinion, the school budget is completely out of control and is submitted without clearly defining the needs for each school or breaking down the budget so everyone can see exactly where funds are spent. School funding should be a high priority; however, the budget process needs to be improved, and the $25 million of County funding is never mentioned by the school system. County Manager O'Neal stated with reference to Commissioner Barone's comments, the following section has been added to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 451 New Hanover County Budget Ordinance in an effort to better control the funds appropriated to the schools: Section 16: The Board of Education shall notify the County in writing of any changes made to their planned capital fund expenditures. The notification should include: (1) nature of the change; (2) reason for the change; (3) dollar amount of any expenditure change, by planned project; and (4) plans for, and estimated cost of, completing planned project in the future, if completion as originally anticipated will not be possible. Commissioner Caster recommended funding the schools under Option II with the following modifications: (1)Reduce the Castle Hayne Library appropriation of $300,000 to $192,000 for purchase of property in the Castle Hayne area contingent upon development of a Long-Range Plan for the New Hanover County Library. The remaining $108,000 will be transferred to the schools. (2)Transfer funds in the amount of $317,000 of the 911 Surcharge account to the schools leaving a balance of $107,400. Commissioner Sisson commented on the desperate needs of the schools and stated with the mandated State change in classroom size, he felt at a minimum that Option 3 should be selected with the changes recommended by Commissioner Caster. This would increase the tax rate by an additional one cent and provide additional funding of $1,000,000 to the schools. Chairman Greer requested the Board to consider Option 2 with the following modifications: (1)Transfer $250,000 of the $300,000 budgeted for the Castle Hayne Branch Library to the schools. The remaining $50,000 should be placed in the County's Contingency Account which will reserve these funds until a plan is developed for the branch library. (2)Increase the tax rate by an additional one-half cent which will provide $441,000 additional revenue for the schools. (3)The additional contribution to the schools will be $750,000 without removing $77,000 from the fund balance. The difference of approximately $80,000 should be transferred from the 911 Surcharge Account. Commissioner Caster agreed with Chairman Greer's recommendation. County Manager O'Neal presented the following figures based upon the recommendation of Chairman Greer: Transfer $250,000 from the $300,000 appropriated $250,000 for the Castle Hayne Branch Library. Transfer $59,000 from the 911 Surcharge to schools 59,000 Increase the tax rate 1/2 cent to 64.5 cents 441,000 Total Contribution to Schools $750,000 Chairman Greer advised County Manager O'Neal that the recommendation included transferring $50,000 into the Contingency Account for the purchase of property in the Castle Hayne area for a branch library. County Manager O'Neal advised that a proposed contract has been prepared for purchase of property in the Castle Hayne area for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 452 construction of a branch library. The closing date is scheduled for July 3, 1996; therefore, the $50,000 could be used to begin the financing of the property. Chairman Greer expressed concern for moving too quickly with the purchase of this site and directed Staff to prepare the necessary figures and facts to discuss this item on July 1, 1996. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to adopt the New Hanover County Budget Ordinance with acceptance of Option 2 as recommended by Chairman Greer which will increase the tax rate by an additional one-half cent and provide additional funding of $750,000 to the schools for current operating expenses with the tax rate increasing from 63 cents to 64.5 cents for FY 1996-97. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson Commissioner Barone stated, for the record, she could not support a budget with a tax increase. Commissioner Sisson stated, for the record, he felt the tax rate should have been increased by an additional one cent to provide at least $1,000,000 of additional funding to the schools. A copy of the Budget Ordinance for New Hanover County is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIII, Page 20. ADOPTION OF FISCAL YEAR 1996-97 BUDGET ORDINANCE FOR THE NEW HANOVER COUNTY SPECIAL FIRE SERVICE DISTRICT Chairman Greer reported the recommended budget for the Fire District is presented with no change in the current tax rate of 2.5 cents; however, funds have been removed from the Fire District fund balance. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the Fiscal Year 1996-97 Budget Ordinance for the New Hanover County Special Fire Service District with no change in the current tax rate of 2.5 cents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance for the New Hanover County Fire Service District is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. ADOPTION OF RESOLUTION FOR FISCAL YEAR 1996-97 OUTSIDE AGENCY FUNDING Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the resolution authorizing and directing the County Manager to enter into appropriate contracts with outside agencies for the amount of funding approved in the Fiscal Year 1996-97 Budget. 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 XXIII, Page 20. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 453 BREAK Chairman Greer called a break from 10:35 A.M. until 10:55 A.M. RECOMMENDATION FOR DISPOSITION OF RECYCLABLE MATERIALS Director of Environmental Management, Ray Church, reported requests for proposals were issued for the disposition of recyclables collected through the county drop-off collection system in order to reduce recycling costs while achieving greater collection efficiency. Requests for proposals were forwarded to eleven (11) companies and agencies locally involved in recycling, of which four (4) responses were received. In addition, four (4) companies were informally requested to submit proposals for siting baling equipment at WASTEC, of which two (2) proposals were received. The proposals were evaluated by using the following approaches: (1)The use of static prices provided by one of the bidders, with revenues projected based on those static prices over the course of one year. (2)A review of how the proposals would respond to the various ranges of potential market prices. Charts were developed to graphically illustrate what the rates of return would be for each of the proposals. Director Church reported based on the evaluations shown in the recommendations, the County should directly market the following materials: cardboard recovered from the WASTEC wastestream, newspaper, aluminum, glass, and household batteries collected from the County drop-off sites. Plastics No. 1, No. 2, and steel cans should be transported to the Waste Management facility located on the River Road. The County should continue its existing relationship with Southern Metals Recycling for the market of metal and white goods (appliances) collected at WASTEC and the Landfill. The recommendations were based on siting baling equipment on the WASTEC tipping floor with the primary intent to recover corrugated cardboard from the waste that crosses the WASTEC scales. Cardboard is a major constituent of the WASTEC wastestream that is readily identifiable and recoverable. The logistics of the operation are to have rear-loading trucks, which typically haul residential trash, drop their loads on one side of the tipping floor, and require front-loading trucks carrying commercial-type trash to drop their loads on the side nearest the baling equipment. The cost projections were developed based on using two (2) temporary employees working five (5) hours per day, five (5) days per week, to recover cardboard and bale the newspaper and aluminum from the drop-off sites. Removing cardboard from the WASTEC wastestream will enable removal of wood waste from the landfill for energy recovery at WASTEC as well as provide a more efficient use of the landfill resources. The availability of baling equipment provides the County with greater flexibility for marketing the materials currently collected at the drop-off sites. The following proposal was recommended: Paper Stock Dealers, a subsidiary of Sonoco Paper Products, proposed to site a baler and in-feed conveyor on the tipping floor for the recovery of corrugated cardboard from the wastestream. This arrangement will provide 720 tons of baled cardboard per year which equates to about 0.6% of the WASTEC wastestream. If the recovered cardboard should grow beyond capacity of the baler, Paper Stock Dealers/Sonoco will upgrade the baling equipment at no charge. Also, Paper Stock Dealers/Sonoco will have the "first right of refusal" for other materials that may be baled. Leasing the equipment will cost $1 per year with installation costs to be borne by Paper NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 454 Stock Dealers. The contract with Paper Stock Dealers/Sonoco requires insurance coverage on the baling equipment in the amount of $200,000, at $200 per year, and the contract is structured in five-year terms, renewable for four additional terms for a total of 25 years. Paper Stock Dealers/Sonoco will pay 60% of the market value for paper fiber during the first five-year term, and 90% of the market value thereafter. Director Church reported Operating and Maintenance (O&M) costs are based on the typical supplies and operating costs of the baler and two temporary employees recovering the baling cardboard, newspaper, and aluminum collected from the drop-off sites. The cost for labor and supplies has been projected at approximately $30,000 per year. The O&M costs were allocated to each of the three materials based on the expected time and labor involved to handle and bale each product. As of Friday, it appears that inmate labor can be used at a cost of $1 per day, which will reduce the O&M costs. A member of Staff will be trained by the N. C. Department of Corrections to properly supervise the inmates. In summary, Staff is not proposing a dirty MRF concept in regard to cardboard recovery. Staff is proposing to dispose of materials presently in the WASTEC wastestream based on the highest end uses and best economical values available. The cardboard is readily identifiable and arrives at WASTEC in the dry fraction of the wastestream. The Board was requested to: (1) accept the bid proposal by Paper Stock Dealers and Sonoco Paper Products and directly market cardboard, newsprint, aluminum, and glass; (2) contract with Waste Management for receipt of plastics and steel cans; and (3) continue the contract with Southern Metals Recycling for marketing of metal and white goods. Mr. Chris McKeithan, President of Waste Management, Inc., reported the comparisons on the proposals were received late Thursday afternoon and upon receipt, were immediately forwarded to the company headquarters for evaluation. The proposal was just received back in the Wilmington office this morning; therefore, he has not had time to review comments from his company. He advised that a proposal was submitted by Waste Management at the end of March and in the evaluation presented today by Director Church, the revenue was based on the figures presented by Waste Management in the March proposal without a phone call or contact made to Waste Management during the past three months. Mr. McKeithan expressed concern for not being contacted and stated he hoped the figures were accurate. Mr. McKeithan compared the various proposals submitted for recyclable cardboard, newsprint, plastics, and steel cans and reported Waste Management presented the closest proposal to the requirements of the direct marketing section. In the proposal submitted by Waste Management, 83% of the market value for paper fiber was paid to New Hanover County; whereas, in the proposal submitted by Paper Stock Dealers and Sonoco Paper Products, only 60% of the market value would be paid to New Hanover County. Waste Management is a worldwide marketer, and the 83% of the market value would be 83% of the top dollar for recyclable paper stock. This would create a difference in the cost of operation for the program even with the use of inmate labor. Waste Management submitted a proposal for cardboard at $25 per ton and in the proposal being considered, cardboard is listed at a cost of $12 per ton, which is not reasonable. In summary Waste Management has presented a proposal with no risks, and the County will be paid 83% of the market value for recyclable materials. He requested the Board to provide more time for a review of the proposal so WASTEC will have an opportunity to work with the County. Chairman Greer commented on the 60% and 83% and asked Mr. McKeithan about the flat cost per ton in the Waste Management proposal? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 455 Mr. McKeithan responded there was a flat cost per ton with 80- 90 percent of the market value being paid to the County. The main difference in the two proposals is the processing cost per ton, which in his opinion, is too low in the two proposals being considered. Also, under the Waste Management proposal, the County will save $56,319 plus the $40,000 paid to the County, not $36,000 as presented in the information presented to the Board by the Environmental Management Department. Vice-Chairman Mathews commented on the letter received from Mr. McKeithan and requested Director Church or a member of Staff to explain why Waste Management was not contacted for two months. Mr. Geoff Little reported two meetings were held with Peggy Stadther and Matt Bryant of Waste Management before the proposals were presented. On the day that proposals were opened, a meeting was held with Ms. Stadther for 45 minutes with an evaluation of the proposals received. Following this meeting, two conversations were held regarding the baling proposals. Ms. Stadther came to the office to pick up the proposals with another telephone conversation. He reported that eight contacts had been made with Waste Management and were documented in the office files. Mr. McKeithan reported Peggy Stadther and Matt Bryant attended the meeting prior to the bid opening to review the bid proposals. The day the bids were opened, the information was presented on the bids. He asked Mr. Little if Waste Management was ever contacted or asked any questions about the bid? Mr. Little reported the bid document was complete, and he advised the Board that at no time did Ms. Stadther request an appointment with Staff. Chairman Greer advised that Mr. McKeithan had contacted him about the bidding process; however, at that time he was not aware that requests for proposals were being submitted. He stated, in his opinion, Mr. McKeithan was expecting some type of response to the recycling program that was to be administered by the County. Mr. McKeithan responded that in a normal bidding process, a meeting would be held to go over the bid document and discuss the award of the contract. Waste Management contacted Staff during the following week and requested an opportunity to explain the proposal. As a result of contacting Chairman Greer, a letter was received from Environmental Management indicating that Staff was comparing the bids. Commissioner Barone commented on the need to completely understand the proposal being submitted and asked if a Work Session could be scheduled for discussion of this matter. Chairman Greer reported the Board should decide if the program should be operated by the County or a private company. Director Church reported the other companies submitting bids did not have a problem with the procedure used in evaluating proposals. Staff feels that all proposals were evaluated in a fair manner. Commissioner Barone commented on Waste Industries not responding to the requests for proposals, which in her opinion was strange, and asked if the reason for no response was to allow the County to establish a MRF program. Director Church responded that the department was not proposing a MRF concept. Chairman Greer stated at the last Work Session discussion was held on trying to privatize the entire recycling service and Staff was informed that the Board was not in favor of the MRF concept. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 456 He expressed concern for Staff recommending a proposal that was similar to a MRF system. Commissioner Sisson stated, in his opinion, the proposal was a public/private partnership and the most efficient way to deal with the source of collection. As to the bidding process, he feels this proposal was handled like all other proposals. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt Staff's recommended option for dealing with the materials delineated in the proposal. Ms. Marilyn Laufer, President of Southern Metals Recycling, reported as a citizen and taxpayer of the County, she feels the County will benefit from the proposal because money and landfill space will be saved. She requested the Board to consider removing the "first right of refusal" clause in the contract with Paper Stock Dealers on the other recyclable materials in order to be fair to the other companies. Ms. Cameron Meek, a representative of Sonoco Paper Stock, reported there would be no problem with removing the "first right of refusal" clause on the other materials. Commissioner Barone asked if there was a tonnage requirement for the baler equipment to be left on the site? Ms. Meek responded that an average of 60 tons of cardboard must be maintained per month. She advised that the company understands the figures can vary from month to month, but it must average out to the monthly requirement over the term of the contract. Commissioner Barone asked if the City's annexation had been considered when developing the program? Mr. Little responded that annexation had been considered in the location of drop-off sites throughout the County. Commissioner Barone inquired as to whether any private companies would handle the materials? Mr. Little advised that Paper Stock Dealers and Sonoco would receive the newspaper and cardboard with Southern Metals receiving the aluminum and white goods. The glass would go directly to CRA in Raleigh with plastics and steel cans going to Waste Management. Amended Motion: Commissioner Sisson MOVED, SECONDED by Vice- Chairman Mathews to adopt Staff's recommendation for dealing with the materials delineated in the proposal and remove the "first right of refusal" clause on other materials in the contract with Paper Stock Dealers/Sonoco. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer A copy of the contract is on file in the Legal Department. CONSIDERATION OF FUNDING AGREEMENT (CONTRACT #96-0480) WITH SHELL ISLAND RESORT HOMEOWNERS ASSOCIATION FOR STABILIZATION OF MASON'S INLET AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT Assistant County Manager, Dave Weaver, reported that Staff has been working with the Shell Island Resort Homeowners Association to develop a funding agreement to accomplish the following items: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 457 (1)The Shell Island Resort Homeowners Association will pay for all costs associated with installing the sandbag structure, or guarantee repayment to the County. (2)The County will be responsible for providing upfront funding and management of the project contingent upon the County being guaranteed reimbursement of all costs associated with the sandbag structure. (3)The Town of Wrightsville Beach has written a letter of support for the use of Room Occupancy Tax funds for the project. Assistant County Manager Weaver reported concern has been expressed about reimbursement to the County for upfront funding, and he requested the County Attorney to comment on this matter. County Attorney Copley reported on June 8, 1996, the Shell Island Homeowners Association voted for a special assessment of $600,000 paid by the homeowners over the next several months. This assessment equates to approximately $3,600 per unit. Attorney Kenneth Shanklin, representing the Shell Island Homeowners Association, has indicated that the Shell Island Homeowners Association is willing to pledge the $600,000 with assignment to New Hanover County. Attorney Shanklin has requested an amendment to the dates listed in the agreement for the payment schedule to be extended as follows: $70,000 no later than July 10, 1996 $300,000 no later than August 10, 1996 $50,000 no later than September 10, 1996 $186,000 no later than July 1, 1997 County Attorney Copley reported as an additional guarantee for reimbursement to the County, Attorney Shanklin indicated that the common areas, such as the association office space, restaurant, pool, parking facilities, etc. could be pledged to the County. Two items to consider are the fact that Centura Bank holds the first mortgage to the property, and the County must comply to the N. C. Statutes that require 80% of the unit owners to adopt the resolution to encumber the pledge of the common areas. She advised she was comfortable with the $600,000 pledge through assessment of each individual unit; however, if the common areas are pledged, the County would be in a secondary position, and time would be needed for completion of the legal documents. Commissioner Sisson advised that he would be more comfortable with a pledge of the common areas as well as the $600,000 pledge on the individual units. Assistant County Manager Weaver reported after meeting with the homeowners, they were most appreciative of any assistance given by the County. He reported the homeowners voted unanimously to pledge the $600,000. Wrightsville Beach, Mayor Herb McKim, reported the Wrightsville Beach Board of Aldermen was in favor of the project and stated, in his opinion, a majority of the residents of Wrightsville Beach are overwhelmingly in favor of the project. He advised that Wrightsville Beach contributes 32% of the proceeds collected through the Room Occupancy Tax with the City of Wilmington contributing 42%. The remaining contributions are divided among the Town of Carolina Beach, Town of Kure Beach, and the unincorporated County. During the last ten years, two to one projects have been funded out of the Room Occupancy Tax account for Carolina Beach and Kure Beach compared to the Town of Wrightsville Beach; therefore, Wrightsville Beach is paying a larger share with less money returned on beach renourishment projects. There are approximately 40,000 people from New Hanover County that use the beaches from the northern end of Wrightsville Beach to the southern end of Kure Beach. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 458 In closing, Mayor McKim reported New Hanover County does have the responsibility of maintaining the beaches, and, in his opinion, the purpose of the Room Occupancy Tax was to provide funding for projects of this type. Vice-Chairman Mathews inquired as to why the $180,000 was being paid in 1997? Assistant County Manager Weaver responded that $70,000 would be used to pay for engineering services of the sandbag structure, $350,000 for the structure itself, and $180,000 would be used to begin engineering services for the dredging project that will not begin until after 1997. Vice-Chairman Mathews inquired as to how long the sandbag structure would last? Assistant County Manager Weaver stated there is no actual guarantee of how long the sandbag structure will last; however, after discussion with highly qualified engineering firms, it is felt the structure should last three to five years with some maintenance required during that period of time. Assistant County Manager Weaver reported the sandbag structure would be built on the northside of the beach access sidewalk, which will place the structure on the Hutaff property. After contacting the Hutaff family, it appears the family is willing to allow the County to proceed with a "friendly condemnation of the property" to provide the necessary easements. He requested the Board to authorize Staff to proceed with the friendly condemnation of the Hutaff property. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to approve the funding agreement with the Shell Island Homeowners Association, Inc. County Attorney Copley requested Commissioner Caster to include the amendment to the payment schedule in the motion. Commissioner Sisson inquired as to whether the motion could include authorizing the County Attorney to work with Attorney Shanklin in obtaining the common areas. Commissioner Caster inquired as to the reality of pledging the common areas? Attorney Ken Shanklin, representing the Shell Island Homeowners Association, Inc., reported the income stream for the C- 1 Unit, owned by the Homeowners Association, can be immediately pledged and the special assessment passed two weeks ago by the Homeowners Association can be pledged; however, to pledge the common areas will require three to four months because of the documentation required to obtain approval from 80% of the unit owners. Vice-Chairman Mathews asked how the County would recoup its money if Shell Island Homeowners Association should default on the contract? County Attorney Copley responded this would be resolved through the courts. Once the assignments have been pledged, it would be extremely difficult for the homeowners to default on the contract. Vice-Chairman Mathews inquired as to how funding will be obtained for dredging the inlet? Chairman Greer stated no federal funds will be available. The homeowners will continue to pay $250,000 per year and the difference will be removed from the Room Occupancy Tax. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 459 Amended Motion: Commissioner Caster AMENDED THE MOTION, SECONDED by Chairman Greer to approve the funding agreement with the following revisions to the payment schedule: (1) payment of $70,000 no later than July 10, 1996, payment of $300,000 no later than August 10, 1996, payment of $50,000 no later than September 10, 1996, and payment of $186,000 no later than July 1, 1997; and authorization for the County Attorney to proceed with pledging of the common areas. Vice-Chairman Mathews stated as a native of Wilmington, he had always enjoyed Wrightsville Beach; however, he could not support the motion because of the financial risks to the County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews Chairman Greer requested an explanation as to why the funds would be transferred from the Room Occupancy Tax in the proposed Budget Amendment? Assistant County Manager, Dave Weaver, reported in order to pay the engineering firm, funds would have to be transferred from the Room Occupancy Tax fund into the capital project. Chairman Greer asked if the project could be approved without approval of the Budget Amendment since $70,000 would be received this afternoon and another $350,000 within 45 days? County Attorney Copley reported the first $70,000 will not be due until July 10, 1996, as listed in the revised schedule. Chairman Greer expressed concern for being issued one payment schedule with a set of figures and then voting on a revised schedule. He stated in order to move forward with the project, he felt the County should receive some money from the homeowners before July 10, 1996. Attorney Shanklin reported the homeowners could pay the County $7,500 by 5:00 P.M. this afternoon (June 17, 1996) with $27,500 by July 1, 1996, $35,000 no later than July 10, 1996, with $300,000 by August 10, 1996, with $50,000 by September 10, 1996, and $186,000 by July 1, 1997. Amendment to Amended Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to AMEND THE AMENDED MOTION TO APPROVE THE FUNDING AGREEMENT for the Sandbag Structure Project with the revised payment schedule: (1) collection of $7,500 on June 17, 1996, by 5:00 P.M., (2) collection of $27,500 by July 1, 1996, (3) collection of $35,000 by July 10, 1996, (4) collection of $300,000 by August 10, 1996; (5) collection of $50,000 by September 10, 1996, and (6) collection of $180,000 by July 1, 1997, and proceed with the statutory C-1 legal requirements for pledging the common areas of the resort. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews County Attorney Copley stated it was her understanding that the Hutaff family would probably not charge for the condemnation; NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 460 however, the Board may wish to provide direction if compensation has to be paid for the necessary easements. Chairman Greer recommended waiting to see if a charge is made. He stated if this should occur, the Shell Island Homeowners Association would be contacted at that time. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve Budget Amendment #96-55 for the Shell Island Capital Project with removal of the transfer from the Room Occupancy Tax and adopt the Project Ordinance. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 20. Budget Amendment #96-55 - Shell Island Capital Project Debit Credit Shell Island Capital Project Contribution from Shell Island Resort Assoc. $600,000 Shell Island Capital Project Capital Project Expense $600,000 Purpose: To establish the project budget according to the Capital Project Ordinance. SELECTION OF ENGINEERING FIRM TO PERFORM ENGINEERING WORK ASSOCIATED WITH THE SANDBAG STRUCTURE TO STABILIZE MASON'S INLET Assistant County Manager, Dave Weaver, reported Staff has moved forward with selecting an engineering firm to provide engineering services for a sandbag structure to stabilize Mason's Inlet. He reported Applied Technology and Management, Inc. (ATM) has been recommended as the coastal engineering firm specializing in the unique problems within the coastal zone. He reported there will be an assembled team of engineers with specialized experience in the design/engineering, permitting and construction of sand bag container systems. Also, Dan Dawson of Dawson Engineering, a local firm, will be included on the project team. Mr. Dawson will provide general civil engineering, surveying, permitting support (if needed) and construction inspection services on an as-needed basis to the project. County Engineer, George Shaw, presented the scope of services and reported the Project Team was prepared to begin work immediately to meet the County's fast-track schedule as listed below: June 11Submittal of Letter of Qualifications June 17Presentation to the Board of County Commissioners June 18Second Field Inspection of Project Site June 20Initiation of Final Design and Project Specifications Emergency Permit Application Submitted by County June 21Preparation of Draft application for Variance June 25Submit Application for Variance to CRC NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 461 July 9Additional Materials (if needed) to CRC and Develop Final Design and Draft Technical Specifications July 25Variance Granted by CRC July 29Submit Bid Documents and Plans to the County August 1Advertisement for Bids August 22 Bid Opening and Contract Award Sept. 2Contract Signed and Contractor Mobilizes Nov. 11Substantial Completion Nov. 18Final Completion and As-Built Drawings Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to award the contract to Applied Technology and Management, Inc. and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. TAX APPEAL ON 1995 VALUE OF 1961 CHRIS CRAFT BOAT OWNED BY AVERY AND KAREN WILES Tax Administrator, Roland Register, advised that the taxpayers had elected not to appear before the Board; therefore, he would recommend reducing the value to $14,400 for the years 1995 and 1996. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to reduce the value of the 1961 Chris Craft boat to $14,400 for the years 1995 and 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY. TAX APPEAL OF 1995 DISCOVERY OF 1967 36-FOOT CUSTOM BUILT STEEL WORK BOAT OWNED BY ALEX DONALD BORDEAUX Tax Administrator, Roland Register, reported that Ms. Bordeaux came in earlier and had agreed to the recommendation submitted by the Tax Department. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to assess the value of the boat at $5,000 for the years of the discovery from 1990 through 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION FOR TECHNICAL CHANGES TO THE DOCUMENTS RELATED TO SCHEDULED BOND SALE FOR NEW HANOVER REGIONAL MEDICAL CENTER REVENUE BONDS Chairman Greer introduced a resolution of the Board of Commissioners of the County of New Hanover, North Carolina, authorizing and approving certain amendments to the series resolution adopted on May 20, 1996, and certain amendments to a first amendment to the lease agreement approved on May 20, 1996, and authorizing and approving the form and terms of the preliminary official statement and the distribution and use thereof and the form and terms of the official statement and the execution, delivery, distribution and use thereof. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the resolution as presented. 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 XXIII, Page 20. DISCUSSION OF PERSONAL COMPUTERS FOR THE COUNTY COMMISSIONERS Vice-Chairman Mathews recommended deferring action on the purchase of personal computers for each County Commissioner until the new Board is sworn into office in December. Chairman Greer agreed and reported MIS Director, Bill Clontz, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 462 has indicated that personal computers will be less expensive at the beginning of the new year. Commissioner Barone advised that the reason for the request was to save time for the County Manager, Staff and the County Commissioners. She stated she would like to proceed with installing a personal computer in her home to have access to E-Mail and other County programs. Commissioner Barone advised that the equipment would be borrowed until the end of her term in office, and she asked if this arrangement would be satisfactory with the Board. No opposition was expressed by the other members of the Board. COMMITTEE APPOINTMENTS Reappointment of Howard L. Armistead, Jr. to Serve on the ABC Board and Reappointment of Howard L. Armistead, Jr. to Serve as Chairman of the ABC Board for the Ensuing Year Chairman Greer announced that one vacancy exists on the ABC Board and reported that four applications have been received with one applicant, Howard L. Armistead, Jr., being eligible for reappointment. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to reappoint Howard L. Armistead, Jr. to serve on the ABC Board for a three-year term to expire June 30, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to reappoint Howard L. Armistead, Jr. to serve as Chairman of the ABC Board for the ensuing year. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of John S. Coble to Serve on the New Hanover County Airport Authority Chairman Greer reported that one vacancy exists on the Airport Authority with twelve applications received. He stated the list of applicants were well qualified and stated one of the applicants was Vice-Chairman Mathews. Chairman Greer opened the floor to receive nominations. Commissioner Sisson nominated Vice-Chairman Mathews. The nomination was seconded by Vice-Chairman Mathews. Commissioner Barone nominated John S. Coble. Commissioner Caster seconded the nomination. There being no further nominations, Chairman Greer declared the nomination closed. Vote: Chairman Greer called for a vote on the appointment of Vice- Chairman Mathews to serve on the Airport Authority. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Vote: Chairman Greer called for a vote on the appointment of John S. Coble. Upon vote, the MOTION CARRIED AS FOLLOWS and Mr. Coble was appointed to serve a four-year term on the New Hanover County Airport Authority with the term to expire July 1, 2000. Voting Aye: Commissioner Barone Commissioner Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 463 Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews Chairman Greer commented on being very supportive of Vice- Chairman Mathews and stated he hoped that his vote had not offended him. Commissioner Barone stated she had made a commitment and could not break her promise. Appointments to the Cape Fear Coast Convention & Visitors Bureau Chairman Greer announced there were two vacancies on the Cape Fear Coast Convention & Visitors Bureau in the following categories with the following applications received: General Public: Applications received from Sharon Kane, Robert S. Rippy, and Paul E. Ritchie Lodging Professional: Applications received from Jerry L. Emerson and Sadie Ann Hood. Chairman Greer opened the floor to receive nominations. Vice-Chairman Mathews nominated Robert S. Rippy. The nomination was seconded by Commissioner Caster. Commissioner Barone nominated Paul E. Ritchie. The NOMINATION DID NOT RECEIVE A SECOND. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Robert S. Rippy to serve as an at-large member from the general public to serve a three-year term on the Cape Fear Coast Convention and Visitors Bureau, Inc. with the term to expire May 31, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Barone nominated Sadie Ann Hood. The nomination was seconded by Commissioner Caster. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Sadie Ann Hood as the Lodging Professional representative on the Cape Fear Coast Convention and Visitors Bureau, Inc. with the term to expire May 31, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Robert M. Martenis to Serve on the Cape Fear Community College Board of Trustees Chairman Greer announced that one vacancy exists on the Cape Fear Community College Board of Trustees. He reported that thirteen applications had been received and James Vann was eligible for reappointment. He opened the floor to receive nominations: Vice-Chairman Mathews nominated Robert W. Martenis. The nomination was seconded by Commissioner Caster. Commissioner Sisson nominated James Vann to serve another term on the Cape Fear Community College Board of Trustees. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 464 nomination was seconded by Commissioner Barone. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Robert W. Martenis to serve on the Cape Fear Community College Board of Trustees for a four-year term with the term to expire June 30, 2000. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson Appointments to Museum Board of Trustees Chairman Greer announced that five vacancies existed on the Cape Fear Museum Board of Trustees and reported that twelve applications had been received with four of the applicants being eligible to be reappointed; however, he had been informed that Luther Brown does not wish to be reappointed. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to reappoint Byron Beal, John Sifers, and Kent Swaim to serve three-year terms on the Cape Fear Museum Board of Trustees with the terms to expire June 30, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations for the remaining two vacancies: Commissioner Sisson nominated Sandy Moskowitz. Commissioner Barone seconded the nomination. Vice-Chairman Mathews nominated Louis Burney, Jr. The nomination was seconded by Commissioner Caster. Commissioner Caster nominated Fumiko Green. Commissioner Sisson seconded the nomination. Chairman Greer nominated Allen P. Hunt, Jr. The nomination DID NOT RECEIVE A SECOND. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called a vote on the appointment of Sandy Moskowitz to serve on the Cape Fear Museum Board of Trustees. Upon vote, the MOTION CARRIED AS FOLLOWS and Ms. Moskowitz was appointed to serve a three-year term to expire June 30, 1999. Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Caster Vote: Chairman Greer called for a vote on the appointment of Louis Burney, Jr. Upon vote, the MOTION CARRIED AS FOLLOWS and Mr. Burney was appointed to serve a three-year term on the Cape Fear Museum Board of Trustees with the term to expire June 30, 1999. Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 465 Voting Nay: Commissioner Barone Commissioner Sisson Vote: Chairman Greer called for a vote on the appointment of Fumiko Green. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Voting Nay: Commissioner Barone Vice-Chairman Mathews Chairman Greer Appointments to the Parks and Recreation Advisory Board Chairman Greer announced that two vacancies exist on the Parks and Recreation Advisory Board with six applications being received out of which two applicants, J. Paul Abrams, and Camilla M. Herlevich are eligible for reappointment. He noted that a letter had been received from Ms. Herlevich stating she did not desire to be reappointed because of her busy schedule with the Long-Range Planning Committee. He opened the floor to receive nominations. Commissioner Barone nominated J. Paul Abrams for reappointment. The nomination was seconded by Commissioner Caster. Vote: Chairman Greer called for a vote on the reappointment of J. Paul Abrams for reappointment to the Parks and Recreation Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY and Mr. Abrams was reappointed to serve a three-year term with the term to expire June 30, 1999. Vice-Chairman Mathews nominated Fred Spain. The nomination was seconded by Commissioner Sisson. Vote: Chairman Greer called for a vote on the appointment of Fred Spain to serve on the Parks and Recreation Advisory Board for a term of three years with the term to expire June 30, 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Thomas E. Arthur to Serve on the Board of Social Services Chairman Greer announced that one vacancy exists on the Board of Social Services and reported that three applications had been received. He opened the floor to receive nominations. Commissioner Caster nominated Thomas E. Arthur. The nomination was seconded by Commissioner Sisson. Vice-Chairman Mathews nominated Scott Sammons. The nomination was seconded by Commissioner Barone. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Thomas E. Arthur to serve on the Board of Social Services. Upon vote, the MOTION CARRIED AS FOLLOWS to appoint Mr. Arthur to serve a three-year term on the Board of Social Services with the term to expire June 30, 1999. Voting Aye: Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Commissioner Barone Vice-Chairman Mathews Re-advertisement of the Vacancy on the WASTEC Commission Commissioner Caster recommended re-advertising this vacancy since only one application had been received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 466 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to request the Clerk to the Board to re-advertise the vacant position on the WASTEC Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover Commission for Women Clerk to the Board, Lucie F. Harrell, reported the Town of Wrightsville Beach had decided not to appoint a representative to serve on the Commission for Women and stated the Mayor has requested the Board of County Commissioners to make this appointment. According to the By-Laws the Commissioners have this authority to appoint this representative. Chairman Greer opened the floor to receive nominations: Commissioner Barone nominated Louise B. Bland as the Wrightsville Beach representative. The nomination was seconded by Chairman Greer. Commissioner Sisson nominated Teresa Goldston. The nomination was seconded by Vice-Chairman Mathews. Commissioner Caster nominated Sandra Morris. The nomination was seconded by Chairman Greer. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Louise B. Bland to serve on the Commission for Women. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of Teresa Goldston to serve on the Commission for Women. Upon vote, the MOTION CARRIED AS FOLLOWS and Ms. Goldston was appointed to serve an unexpired term that will expire May 31, 1998. Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Sandra Morris to serve a three-year term on the Commission for Women with the term to expire May 31, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED FROM REGULAR SESSION FOR LUNCH AND A MEETING OF THE BOARD OF EQUALIZATION OF REVIEW Chairman Greer convened from Regular Session at 1:45 P.M. until 4:14 P.M. MEETING RECESSED FROM REGULAR SESSION FOR A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 4:15 P.M. until 4:38 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 467 ADDITIONAL ITEMS - COUNTY MANAGER Authorization for the County Manager to Enter into an Arrangement for Workers Compensation Coverage County Manager O'Neal requested authorization for the County Manager to enter into an agreement for the County to become self- insured for Workers Compensation Coverage as recommended by the Wilmington-New Hanover County Insurance Advisory Committee. He reported the County will save approximately $400,000. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to authorize the County Manager to enter into an agreement as recommended by the Wilmington-New Hanover County Insurance Advisory Committee for the County to become self-insured for Workers Compensation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer expressed concern for being requested to vote on an issue of this importance as an additional item, and he requested the County Manager to avoid presenting additional items of this type in the future. Approval of Interlocal Agreement with the City of Wilmington for the Provision of Rescue Services Deputy County Manager, Andrew J. Atkinson, requested approval of an interlocal agreement with the City of Wilmington for the provision of rescue response services in place of the Emergency Medical Services, which currently requires two employees. He advised the County was currently spending over $40,000 per year for the two positions and stated under the new agreement, the County will be required to pay a maximum of $30,000 with a flat fee of $20,000 per year. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the interlocal agreement as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is on file in the Legal Department. Amendment to By-Laws for the Board of Fire Commissioners Commissioner Sisson presented amendments to the By-Laws for the Board of Fire Commissioners and reported the amendments are being recommended to clarify and administer the appointment process. He stated the major policy change is that all applicants must pay the fire district tax in order to be eligible for appointment to the Board of Fire Commissioners. Chairman Greer inquired as to whether the Clerk to the Board was satisfied with the agreement. Clerk to the Board, Lucie F. Harrell, advised the amendments were acceptable; however, she would prefer approval contingent upon review by the Legal Department. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the amendments as presented contingent upon a review by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Resolution to Support the Kure Beach Renourishment Project Chairman Greer advised that Representative Danny McComas had contacted the office and requested a resolution of support for the Kure Beach Renourishment project so funding can be appropriated in the State budget for the project. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a resolution of support for the Kure Beach Renourishment Project. 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 XXIII, Page 20. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JUNE 17, 1996PAGE 468 ADJOURNMENT Chairman Greer adjourned the meeting at 5:53 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board