1996-09-16 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 603
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, September 16, 1996, at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster, William E. Sisson, Jr.; Vice-Chairman E.L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
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 items were presented:
Update on Hurricane Fran
Director of Environmental Management, Dan Summers, advised
that the Emergency Operations Center was operational from 8:00 A.M.
until 5:00 P.M. and would remain open for the next week. There has
been a huge number of processed resource needs, and FEMA has
received 27,000 telephone applications for disaster assistance with
over $2 million already disbursed for disaster relief. The State
Emergency Operations Center remains operational, and the National
Guard Engineering Battalions have been released to assist Topsail
Beach and other areas that were flooded by Hurricane Fran. The
beaches should be opened by Wednesday. Debris removal bids issued
by the Corps of Engineers should be received and opened today.
Hopefully, trucks will be operating tomorrow assisting the beach
communities with removal of demolition debris. The Salvation Army,
Red Cross, and Baptist Men have served 560,000 meals during the
recovery effort. The cooperative effort of the community has been
excellent, and overall the recovery is going well.
Chairman Greer, on behalf of the Board, expressed appreciation
to Director Summers for the report and excellent way in which the
recovery effort has been handled.
CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item #4 for
further discussion.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve the Consent Agenda with removal of Item #4 as requested
by the Chairman. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval for Expansion of the Human Services Allocation Advisory
Committee
The Commissioners approved one additional at-large position
for the Human Services Allocation Advisory Committee in an effort
to gain minority representation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 604
Release of 1996 Listing Penalty for Charles H. Hicks and Lynne
Hicks
Due to verifying the direction of the taxpayer to correct his
mailing address and his good record from prior years, the
Commissioners approved the release of the 1996 listing penalty as
recommended by the Tax Administrator.
Adoption of a Resolution Opposing Construction of the Virginia
Beach-Lake Gaston Pipeline
The Commissioners adopted a resolution opposing construction
of the proposed Virginia Beach/Lake Gaston pipeline because the
water withdrawal would greatly reduce the flow and capacity of the
Roanoke River.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 26.
Release of Value - New Hanover County Tax Department
The Commissioners granted Senior Citizen/Disability exclusion
to the following taxpayers. Applications and letters explaining
the late filings are available in the Tax Office upon request.
Guthrie, Ann Elizabeth$15,000
Houser, Josephine Gilmore$15,000
Simmons, Margaret Nixon$11,000
The Commissioners approved a delinquent application to exempt
the YMCA of Wilmington from the property tax as listed below:
YMCA of WilmingtonRO2619-008-057-000
The Commissioners released late-listing penalties for the
following taxpayers as they were sick or there was a death in their
family during the listing period; or they certified that they
mailed their listing on time:
Beal, Michael Carlyle Etux. $1.88
Blanken, Arthur J. & Mary J. $1.05
Ellis, Lloyd Woodrow, Etux. $1.92
Ezzell Trucking Inc. $27.60
Fine, Betty & Robert E. $3.11
Harker, Donald Ray $5.93
Hasty, Frederick G. $4.04
Stevens, Kelly Helen $2.76
Acceptance of Tax Collection Reports Through August 31, 1996
The Commissioners accepted the following Tax Collection
Reports through August 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 26.
Approval of Budget Amendment #97-37
The Commissioners approved the following Budget Amendment:
#97-37DebitCredit
Museum
Grassroots Science Grant $34,485
Salaries$ 9,287
FICA 710
Contract Services 2,200
Printing 3,010
Supplies 14,016
Travel 1,262
Capital Outlay 4,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 605
Museum
Historical Organization Grant $ 8,787
Salaries$ 8,163
FICA 624
Cooperative Extension
COOP/Block Grant $24,592
Salaries$16,724
FICA 1,325
Medical Insurance 530
Supplies 2,988
Travel 2,742
Printing 83
Telephone 200
Health-Project Assist
Project Assist Grant $ 4,974
Debit Credit
Advertising$ 360
Contract Services 250
Printing 2,000
Supplies 1,100
Travel 1,324
Health-WIC
WIC Grant$12,372
Capital Outlay$12,372
Planning
CAMA Grant$20,625
Commissioners
Appropriated Fund Balance$20,625
Purpose: To rollover unexpended grant funds from FY 1995-96 to FY
1996-97.
Approval of Budget Amendment #97-0039
The Commissioners approved the following Budget Amendment:
#97-0039DebitCredit
Health/Project Assist
Project Assist$2,000
Departmental Supplies$2,000
Purpose: To budget additional State grant funds received for
Project Assist.
Approval of Budget Amendment #97-0040
The Commissioners approved the following Budget Amendment:
#97-0040DebitCredit
New Hanover County Schools
Appropriated Fund Balance$20,000
Ogden Sewer$20,000
Purpose: To budget additional funds for the Ogden School sewer
hook-up. The additional cost was increased because of required
change orders.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 606
Waiver of Tipping Fees For Trash Collected in Big Sweep '96
The Commissioners approved a waiver of tipping fee for "Big
Sweep 1996" scheduled on September 21, 1996, to clean up litter on
the beaches and waterway.
Approval of Personnel Policy Revisions as Listed Under Consent
Agenda Item #4
Chairman Greer asked if the members of the Board understood
the document presented on the revisions to the Personnel Policy,
and he requested clarification from Staff.
Human Resources Director, Andre' Mallette, reported the
revisions were required to comply with State and Federal
regulations, including the final federal Family Medical Leave Act.
Outdated sections were deleted and wording was changed in other
sections to clarify complicated portions of the Personnel Policy.
Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to
approve the revisions to the Personnel Policy affecting Article I,
Organization of Personnel System; Article II, Classification Plan;
Article III, The Pay Plan; Article IV, Recruitment and Employment;
Article V, Separation and Reinstatement, Interim Suspension,
Disciplinary Actions; Article VI, Conditions for Employment;
Article VII, Leave of Absence; Article VIII Grievance Procedure;
Article IX, Employee Benefits; Article X, Personnel Records and
Reports. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the revisions to the Personnel Policy are on file in
the Human Resources Department.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O'Neal requested the following persons to step
forward to receive Service Awards:
NAMENUMBER OF YEARS
Steven M. Cavanaugh, Tax Department 5
Libby S. Sellers, Inspections Department 10
Ann S. Hines, Inspections Department 15
Sandra S. Hughes, N.C. Cooperative Extension 20
Chairman Greer, on behalf of the Board, presented service
awards and congratulated each employee for their years of dedicated
service to New Hanover County.
ADOPTION OF RESOLUTION AWARDING BID #97-0119 TO SUTPHEN CORPORATION
(CONTRACT #97-0119) FOR AN AERIAL FIRE APPARATUS
Commissioner Sisson advised that a consultant was hired to
review the need for this type of fire apparatus, and he reported
the contract had been approved by the New Hanover County Board of
Fire Commissioners.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution awarding the bid to Sutphen
Corporation, the only responsible bidder, in the amount of $448,526
and authorize the Chairman to execute the necessary contract
documents. 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 26.
ADOPTION OF RESOLUTION AWARDING BID #97-0002 (CONTRACT #97-0002) TO
THE DETROIT STOKER COMPANY TO PURCHASE GRATE PARTS FOR THE WASTEC
FACILITY
County Manager O'Neal reported one bid was received in
response to a formal bid for the purchase of grate parts for the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 607
WASTEC Facility. After a review of the bid, Staff recommends award
of the bid to the Detroit Stoker Company.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt a resolution awarding the bid to the Detroit Stoker
Company, the only responsible bidder, in the amount of $103,155.20
to purchase grate parts for the WASTEC Facility, and authorize the
Chairman to execute the necessary contract documents. 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 26.
ADOPTION OF RESOLUTION AWARDING BID #97-0001 (CONTRACT #97-0001) TO
KOCH SULFUR PRODUCTS COMPANY TO PURCHASE SULFURIC ACID FOR THE
WASTEC FACILITY
County Manager O'Neal reported two bids were received in
response to a formal bid for the purchase of sulfuric acid for the
WASTEC Facility. After a review of the two bids, Staff recommends
award of the bid to the lowest bidder, Koch Sulfur Products
Company, a foreign corporation organized under the laws of the
State of Kansas with a local plant in Wilmington. The unit price
is $.89 per gallon for the first year and $.94 per gallon for the
second year. The estimated usage for two years will cost $21,960.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt a resolution awarding the sulfuric acid bid to Koch Sulfur
Products Company at a unit price of $.89 for the first year and
$.94 for the second year. The Chairman was authorized to execute
the necessary contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 26.
REORGANIZATION OF WASTEC AND ENVIRONMENTAL MANAGEMENT STAFF
Director of Environmental Management, Ray Church, reported for
the past eight months a staffing reorganization had occurred at the
WASTEC Facility, primarily on the operations side. If the
reorganization is approved, seven temporary maintenance positions
will be eliminated and two new permanent maintenance positions will
be needed as follows: (1) an Instrument Electrician; and (2) one
Mechanic. In Administration, the Maintenance Supervisor position
would be reclassified to an Instrument Electrician with no change
in salary. The pay grade of the Operations Manager/Plant Engineer
would increase from Grade 126 to 207 to acknowledge additional
responsibilities as a Plant Engineer in addition to Operations
Manager. The proposed change will provide WASTEC and the
Environmental Management Administration the necessary personnel to
continue improving plant operations. Approximately $85,000 will be
saved annually because of the reduction in temporary personnel.
Commissioner Caster expressed concern for hiring temporary
persons and then filling the positions with two permanent
positions. In his opinion, the temporary persons should be hired
for completing a specific job with eliminating those persons when
the job is completed.
Director Church commented on the backlog of paper work when
temporary help was hired and reported the job had been completed
and the temporary personnel were no longer needed; however, the
changes in the other permanent positions were needed to improve the
operation of the plant.
Commissioner Caster expressed concern for the reorganization
not being presented to the WASTEC Commission.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the reorganization of the WASTEC Facility as
presented by the Environmental Management Staff. Upon vote, the
MOTION CARRIED AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 608
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Caster
APPOINTMENT OF THREE MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF
THE NEW HANOVER COUNTY PARKS FOUNDATION
County Manager O'Neal reported the Parks Foundation was
created by the Board of County Commissioners on September 3, 1996.
According to the By-Laws, the Commissioners must appoint three
members to serve on the Board of Directors of the Parks Foundation.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to appoint Robert G. Greer, Chairman of the Board of County
Commissioners; Jack Bragg, Chairman of the New Hanover County Parks
and Recreation Advisory Board, and Camellia M. Herlevich to serve
on the New Hanover County Parks Foundation. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ESTABLISHMENT OF A PERSONAL WATERCRAFT REGULATION TASK FORCE
Commissioner Caster recommended establishment of the following
categories for appointment of eleven persons to serve on the
Personal Watercraft Regulation Task Force:
Figure Eight Island Board and Safety Committee (1)
Society for Masonboro Island (1)
National Audubon Society (1)
UNC-W Marine Resources (1)
U. S. Coast Guard (1)
Wildlife Resource Commission (1)
Personal Watercraft Industry Representative(s) (2)
Concerned Citizens (3)
Staff: Representatives from the Legal Department, Sheriff's
Department, Emergency Management Department, and Parks
Department.
Discussion was held on the definition of personal watercraft.
County Attorney Copley advised that personal watercraft would be
defined as jet skis and wave runners.
Consensus: After discussion, it was the consensus of the Board to
appoint eleven members to serve in the categories as recommended by
Commissioner Caster and direct the Clerk to the Board to advertise
the positions with appointments made at the Regular Meeting to be
held on October 21, 1996.
COMMITTEE APPOINTMENTS
Reappointment of Sandra A. Morris, Donna P. Williams, Steve
Woodard, and Sherri Yelton to Serve on the Criminal Justice
Partnership Advisory Board
Chairman Greer advised there were four vacancies on the
Criminal Justice Partnership Advisory Board and reported that eight
applications had been received with four of the applicants eligible
for reappointment.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to reappoint Sandra A. Morris, Donna P. Williams, Steve Woodard,
and Sherri Yelton to serve three-year terms on the Criminal Justice
Partnership Advisory Board with the terms to expire September 30,
1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Reappointment of Charles M. Colemen, Henry M. von Oesen, and
Corneille Sineath to serve on the New Hanover Regional Medical
Center Board of Trustees
Commissioner Sisson reported due to the hurricane, he had not
had time to review the applications received for appointments to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 609
the New Hanover Regional Medical Center Board of Trustees. He
requested postponing the appointments until October 7, 1996.
Motion: After discussion of the persons eligible for
reappointment, Commissioner Sisson MOVED, SECONDED by Commissioner
Barone to reappoint Charles M. Coleman, Henry M. von Oesen, and
Corneille Sineath to serve three-year terms on the New Hanover
Regional Medical Center Board of Trustees with the terms to expire
September 30, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Further discussion was held on postponing the remaining
appointment. Commissioner Caster recommended filling the vacancy
because the Trustees would take office at the first meeting in
October and training sessions would begin.
Chairman Greer commented on the proposed reorganization of the
hospital and asked if the Board wanted to proceed with appointing
another person who may not have a position if the hospital is
converted to a non-profit corporation.
Commissioner Barone recommended filling the remaining vacancy
so a full Board of Trustees would be in office until a decision was
rendered by the Board of County Commissioners regarding the non-
profit status.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to delay the appointment until October 7, 1996. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Commissioner Caster
Appointment of John M. Horton to Serve on the Nursing Home Advisory
Committee
Chairman Greer advised there was one vacancy on the Nursing
Home Advisory Committee and reported three applications had been
received.
Chairman Greer opened the floor to receive nominations.
Commissioner Barone nominated John M. Horton. Commissioner
Caster seconded the nomination.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, the Board voted UNANIMOUSLY to appoint John M.
Horton to serve an initial term of one year with the term to expire
on September 30, 1997.
CONSIDERATION OF FALCON CABLE RATE INCREASE
County Attorney Copley reported Falcon Cable Media had
submitted the FCC-1240 filing with the County in June 1996, seeking
a basic cable rate increase of $2.12 from $24.07 to $26.19 to
become effective October 1, 1996, through September 30, 1997.
Action Audits Company, the County's consultant, recommends that
Falcon be allowed to increase its rates by only $1.63 from $24.07
to $25.70. In order to deny Falcon Cable's rate request, the Board
should approve the order denying the rate and approve a rate of
$25.70. The public must be given an opportunity to offer comments
on the rate increase. A formal public hearing is not required.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the Order denying the fee and approving the rate of
$25.70 as recommended by the County Attorney. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 610
A copy of the Order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 26.
CONSIDERATION OF PAVING GORDON ACRES DRIVE
Assistant County Manager, Dave Weaver, reported that residents
on Gordon Acres Drive had requested the County to bring the road up
to acceptable NCDOT standards. The total cost would be
approximately $89,000 or approximately $17.12 per frontage foot for
each property owner. State legislation gives the County authority
to assess all property owners for the cost, provided that 75% of
the owners agreed to participate. He requested the Board to
seriously address the following issues:
(1)Does the County want to become involved in the road business
and incur additional requests from other communities that will
place a demand on the General Fund and County Staff?
(2)What percentage (75% minimum) of property owners should be
required to participate in the paving project?
(3)What term should be established for repayment of the project
to the County?
Vice-Chairman Mathews expressed concern for the County
becoming involved in the road business and questioned whether this
action should be taken?
Commissioner Sisson advised due to the number of paved miles
in New Hanover County many citizens, such as residents living on
Gordon Acres Drive, will not receive paved roads for years. In
this neighborhood, residents are having difficulty going to and
from their homes because of the potholes and poor condition of the
road. In his opinion, this is a service that the citizens deserve
to receive whether provided by the County or State.
County Manager O'Neal commented on the number of private roads
throughout New Hanover County and expressed concern for setting a
precedent that could become a financial drain on the County.
A lengthy discussion was held on the cost to each family.
Assistant County Manager Weaver reported a lot 100 feet wide would
cost in excess of $1,700.
Ms. Lynn Rabon, a resident of Gordon Acres Drive, advised the
residents were aware of the cost and felt comfortable with the
projected figure.
A lengthy discussion was held on knowing the exact cost of the
road project to each property owner. Chairman Greer recommended
approaching the paving project under the following guidelines: (1)
establish a term, such as three years for repayment to the County
by the property owners; (2) establish an interest rate for the
repayment; (3) determine the administrative cost to the Tax Office;
and (4) require at least 75% of the owners to participate in the
paving project;
Discussion was held on establishing an interest rate. County
Manager O'Neal advised the administrative cost would be comprised
of the engineering services that would have to be provided by the
County and the cost to the Tax Department.
Chairman Greer recommended establishing an administrative cost
for the project to cover the repayment in lieu of establishing an
interest rate.
Tax Administrator, Roland Register, reported the County could
collect the payments through numerous methods. In this case, with
the small number of residents, it would not be advantageous to set
up a special tax file. He advised that if the Board decides to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 611
assess the property, the Tax Department could determine how to
collect the money.
Chairman Greer recommended adding an administrative cost and
establishing a term of three years.
County Attorney Copley reported the North Carolina General
Statutes do not allow counties to charge an interest rate in excess
of 8%, or a repayment term of more than 10 years.
County Manager O'Neal recommended allowing Staff to prepare a
recommendation based upon the comments received, and discuss this
matter as an agenda item at a future meeting.
Vice-Chairman Mathews, again, questioned whether the County
should become involved in the road business. He stated he
understood the concerns of the residents, but he felt the Board
should be cautious about setting a precedent that will allow the
County to become involved in costly road projects.
Motion: Vice-Chairman Mathews MOVED for New Hanover County not to
become involved with the Gordon Road Acres road paving project.
The MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to direct Staff to prepare a recommendation determining the cost of
the paving project based upon an interest rate of 8%, a 5-year
term, and inclusion of a reasonable administrative and engineering
cost.
Commissioner Barone requested Commissioner Caster to change
the 8% interest to a flat 10% administrative fee.
Chairman Greer recommended eliminating an interest rate and
charging a flat 15% administrative fee of the total paving project
over a period of four years. Staff would determine the exact cost
per lot with 75% of the property owners being required to
participate in the road paving project.
Assistant County Manager, Dave Weaver, advised that the
General Statutes require the property owners to petition the
County. A linear foot cost could be determined with each property
owner filling out a petition.
County Attorney Copley suggested that all petitions be filed
through the Legal Department to ensure that all residents are
properly informed about the specific conditions of repayment.
After a lengthy discussion on determining the exact figures
and the need for a recommendation to be presented before action is
taken, both MOTIONS WERE WITHDRAWN.
Consensus: After further discussion, it was the consensus of the
Board to request Staff to prepare a recommendation based upon the
comments received with the term to be four instead of five years.
The recommendation is to be presented as an agenda item at a future
meeting.
CONSIDERATION OF FUNDING FOR THE 1997 NORTH CAROLINA AZALEA
FESTIVAL 50TH ANNIVERSARY YEAR AND APPROVAL OF BUDGET AMENDMENT
#97-0041
County Manager O'Neal requested the Board to consider making
a $5,000 contribution for the 50th Anniversary of the North
Carolina Azalea Festival. The Azalea Festival generates more than
$3,000,000 in economic activity during the Festival weekend, and
New Hanover County has not funded the Festival since 1992.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve a funding appropriation of $5,000 from the
contingency for the 50th Anniversary of the North Carolina Azalea
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 612
Festival and approve the associated Budget Amendment as listed
below.
Commissioner Sisson expressed concern for this request not
coming through the normal budget process. Commissioner Barone
agreed and requested Staff to inform the Azalea Festival Committee
that future funding requests should be handled during the budget
process.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment - Non-Departmental/Outside Agencies/Cultural and
Recreational
Debit Credit
Non-Departmental
Contingencies $5,000
Outside Agencies/Cultural & Recreational
Azalea Festival $5,000
Purpose: To budget a $5,000 contribution to the Azalea Festival
from contingencies.
BREAK
Chairman Greer called a break from 10:28 A.M. until 10:45 A.M.
DISCUSSION OF DAMAGES ON FIGURE 8 ISLAND
Inspections Director, Jay Graham, reported on the considerable
amount of damage that had occurred on Figure 8 Island due to
Hurricane Fran. Oceanfront homes experienced erosion of the sand
dunes, and water washes to the edge of these homes during high
tide. A total of 13 homes sustained more than 50% damage, and the
current CAMA regulations may prohibit the rebuilding of these
structures. Approximately 150 homes have damaged or destroyed
septic systems with no means of sanitary sewage disposal. These
structures cannot be occupied until the septic systems are repaired
or relocated. In order to determine if a new septic system or a
repair to an existing system can be permitted, the following
information will be required:
-Establishment of ground surface elevation
-Identification and staking of property lines
-Number of bedrooms in the residence
-Mean High-Water elevations
-Building Location
-Request for a repair or replacement permit by the
property owner or agent
All repairs or replacements must be located 10 feet inside
property lines, outside the CAMA setback, 5 feet from building
foundations and not under driveways or parking areas. Other homes
on Figure 8 Island must have their septic systems evaluated by the
Health Department prior to reoccupation.
Director Graham advised that the Inspections Department would
work closely with the Health Department in assisting residents with
relocating or repairing existing septic systems on Figure 8 Island.
Chairman Greer inquired as to whether CAMA regulations had
changed during the past 20 years?
Health Director, Robert S. Parker, reported CAMA regulations
had changed. In many instances, there is very little property
available for movement of septic tanks. Each lot will have to be
evaluated to determine if a septic tank can be relocated on the
property. Also, there are many underground pump systems that will
no longer be operable.
Chairman Greer inquired as to whether it would be advisable to
encourage the residents on Figure 8 Island to construct a package
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 613
treatment plant to assist with resolving this issue.
County Manager Blanchard responded it would be difficult to
obtain a discharge permit from the State because of the poor soils
on Figure 8 Island.
In closing, Director Graham reported the Inspections
Department had resumed its normal operations. Levels of priority
have been developed with repairs from Hurricane Fran being the
first level and other permits being considered on various levels.
The major difficulty will be with bank financing because of no
definite time frame for the receipt of permits. The contractors
have been contacted and understand the priority needs, and the
Inspections Department will work diligently to process the permits
as quickly as possible.
1997 PROPERTY REVALUATION RESCINDED UNTIL EIGHT-YEAR CYCLE
Tax Administrator, Roland Register, reported based on the
extensive damage that has occurred the Board of County
Commissioners must determine if the County should move forward with
the 1997 revaluation. Timing is critical, and the market has been
very much affected by Hurricane Fran. Not only were waterfront
properties damaged, but there is a considerable amount of concealed
damage in numerous homes from windblown rain into vents, water
seeping down into walls, and other unseen damages. The 1997
revaluation had been moving as planned and scheduled; however,
since Hurricane Fran the market in many areas of the County has
been greatly affected.
More time is needed to determine what the actual market values
will be for new appraisals to become effective January 1, 1997.
The Board may wish to consider damages at January 1, 1997 based
upon the 1991 standards, which will be more easily accepted by the
property owners because the reduction would be from a previous
value that had been accepted by the Board.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Barone to rescind the 1997 revaluation
until the required eight-year cycle because of Hurricane Fran and
use the standards adopted for 1991 for consideration of damage at
January 1, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY.
DEBRIS REMOVAL
Commissioner Sisson commented on the placement of debris
beyond the right-of-way which has become a problem for school
buses. Many people living in one subdivision will carry debris to
another subdivision increasing the amount of debris in the streets.
He asked if some type of citation could be issued to property
owners who violate the right-of-way area?
County Attorney Copley advised that the Board could include a
$50 citation in the State of Emergency Proclamation.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to amend the State of Emergency Proclamation to include a
statement that prohibits debris from being placed in streets or
beyond the right-of-way. Violation of this action will result in
a $50 citation. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Director Church advised the U. S. Army Corps of Engineers
would be opening bids for collection of construction and demolition
debris. The Landfill has been closed to collect these materials,
but a site has been located at Carolina Beach and Waste Management
has been requested to re-open its transfer station, which will
provide an additional 35 acres for receipt of these materials. The
construction and demolition removal process should begin within the
next day.
Chairman Greer expressed appreciation to Director Church for
efficiently handling the debris removal process.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 614
MEETING RECESSED FROM REGULAR SESSION FOR A REGULAR MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a Regular
Meeting of the New Hanover County Water & Sewer District from 11:28
A.M. until 11:46 A.M.
ADDITIONAL ITEMS
Approval of Additional Funding for the Cape Fear River Corridor
Study
Planning Director, Dexter Hayes, reported the Cape Fear River
Corridor Oversight Committee was in the process of negotiating a
final fee for the consulting team to perform the River Corridor
Study. He advised the consultant has presented an original fee of
$135,000. The Oversight Committee has requested each jurisdiction
to contribute an additional $15,000. The City of Wilmington and
Brunswick County have committed to providing additional funding.
Commissioner Barone requested deferring action on this item
since she was not able to attend the last meeting.
Planning Director Hayes responded that deferring action on the
funding request could create a problem in finalizing the contract
with the consultant; however, he feels the $135,000 fee is high.
Commissioner Caster requested an explanation of the components
of the study.
Planning Director Hayes reported the study would involve the
impacts of development along the Cape Fear River from its mouth to
the intersection at the Brunswick/New Hanover County line. The
study will consider recreational uses along the river and the
impact of these uses on the shipping industry located along the
river.
Assistant County Manager Weaver stated he felt the cost of the
study was high since only land uses were being considered and not
water quality.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to increase the total commitment up to $15,000 for the Cape Fear
River Corridor Study and direct the Oversight Committee to continue
to negotiate a lower price for the study. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Consideration of Appointment of Representative to Serve on the New
Hanover County Community Action, Inc. Board of Directors
Chairman Greer advised that Mr. Johnny McCoy, Chairman of the
Board of Directors of New Hanover County Community Action, Inc. had
requested that each County Commissioner or a designee serve on the
Community Action, Inc. Board of Directors. He advised that
Commissioner Sisson had appointed him as his designee.
Chairman Greer requested direction from the Board.
Consensus: It was the consensus of the Board for each County
Commissioner to appoint a designee, if so desired, and submit a
name to the Clerk.
Discussion of Legislative Goals for the North Carolina Association
of County Commissioners
Chairman Greer reported that legislative goals for the North
Carolina Association of County Commissioners were due September 3,
1996. He requested the Board to review the bills that had been
submitted by the County Attorney.
Consensus: After a lengthy discussion of the bills presented, it
was the consensus of the Board to request the County Attorney to
forward the following bills to Mr. Jim Blackburn, General Counsel
for the N. C. Association of County Commissioners:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 615
(1)Request State-wide legislation that would allow one committee
member for every fifty (50) nursing home residents.
(2)Request enabling legislation to authorize creation of a New
Hanover County Ombudsman.
(3)Submit a local bill to allow New Hanover County the right to
buy and finance land and buildings for the Community College.
(4)Amend G.S. 159-40(a) to require audits for non-profit
corporations that receive $2,000 or more annually, and amend
G.S. 159-40(d) to delete Volunteer Fire Departments and Rescue
Squads from the audit exemption.
Work Session Scheduled for October 2, 1996, to Discuss the Request
from the Hospital Board of Trustees to Convert the Public Hospital
to a Non-Profit Corporation Operating as a Community General
Hospital.
Consensus: It was the consensus of the Board to schedule a Work
Session on Wednesday, October 2, 1996, at 3:00 P.M. in Room 501 of
the New Hanover County Administration Building to discuss the
proposal presented by the Hospital Board of Trustees.
Status Report on the Purchase of School Property Located Off Of
Carolina Beach Road
Finance Director, Bruce Shell, reported all studies including
the wetlands study and soil tests had been performed on the
property located off of Carolina Beach Road with satisfactory
results. The land will cost approximately $3.3 million for the
purchase of 126 acres with infrastructure costs estimated at $2.5
million. It appears the State and a developer on the River Road
side of the complex may share in the construction cost of the
access road which will save money for the County. A meeting will
be held with the County Engineer and consultant to discuss water
and sewer as well as review the actual site plans. Discussion has
been held with financial institutions about borrowing the money and
the most economic method of financing will be selected.
LUNCH
Chairman Greer recessed the meeting from 12:01 P.M. until
12:30 P.M. for lunch.
CLOSED SESSION TO EVALUATE THE COUNTY MANAGER, COUNTY ATTORNEY, AND
CLERK TO THE BOARD
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to convene from Regular Session to Closed Session in
accordance with G.S. 143-318.11(6) to evaluate the County Manager,
County Attorney, and Clerk to the Board.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to reconvene to Regular Session.
Chairman Greer reconvened the Board to Regular Session at 2:10
P.M. He reported the County Manager, County Attorney, and Clerk to
the Board, had received excellent evaluations. Appreciation was
expressed to each employee for outstanding job performances.
Chairman Greer announced that in Closed Session the Board
voted unanimously to remove the County Attorney and Clerk to the
Board from the Pay Plan so these positions would fall under the
same classification as the County Manager. He reported the Board
voted unanimously to grant the following salary increases
retroactive to July 1, 1996:
County Manager, Allen O'Neal - 8%
Clerk to the Board, Lucie Harrell - 8%
County Attorney, Wanda Copley - 10%
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, SEPTEMBER 16, 1996PAGE 616
After discussion of salaries for the Board of County
Commissioners, the Board voted unanimously to increase the annual
salary for County Commissioners by 3% retroactive to July 1, 1996.
ADJOURNMENT
Chairman Greer adjourned the meeting at 2:20 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board