1992-08-17 Regular Meeting
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'MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 108
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 17, 1992, 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 Jonathan Barfield, Sr.;
Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer;
Chairman E. L. Mathews, Jr.; Assistant County Manager; Dave Weaver;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Mathews called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Rabbi Albert Gordon, the Temple of Israel Reformed, gave the
invocation.
Chairman Mathews led the audience in the Pledge of Allegiance
to the Flag.
NON-AGENDA ITEMS
Chairman Mathews asked if anyone from the general public would
like to present an item not listed on the Regular Agenda or comment
on an item listed on the Consent Agenda.
No items or remarks were received.
APPROVAL OF CONSENT AGENDA
Chairman Mathews reported that the Deputy Clerk has requested
removal of the minutes from the Consent Agenda. This item will be
placed on the Consent Agenda for September 8, 1992.
Chairman Barfield commented on the contract with the Methodist
Home for neglected and abused children and requested an explanation
as to why the County furnishes a station wagon to the home.
Assistant County Manager Dave Weaver stated this provision was
a condition of the original contract.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Vice-Chairman Greer to remove the minutes for the
Regular Meeting of August 3, 1992, and approve the remaining
Consent Agenda items as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Approval of Budget Amendment #93-0009 for the Jail Expansion
Capital project
The Commissioners approved the following Budget Amendment:
93-0009 Jail Expansion
Debit
Credit
Jail Expansion
Transfer In (from General Fund)
$17,000
Maintenance & Repair/other
Contingency
$12,000
$ 5,000
General Fund/County Commissioners
Appropriated Fund Balance
$17,000
Transfer to Other Funds
Transfer to Jail Expansion
$17,000
Purpose: To budget $17,000 for the Jail Expansion Capital Project.
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MINUTES OF REGULAR MEETING, AUGUST- 17, 1992'
PAGE' 1'0'9'
This is part of $139,899 approved by the Commissioners on March 16,
1992. The remaining $59,899 has been budgeted to date.
Approval of Budget Amendment #93-0021 - Department of Aging
The Commissioners approved the following Budget Amendment:
93-0021 Department of Aging/Administration & Nutrition - Home
Delivered Meals
Debit
Credit
r,
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Department of Aqinq/Administration
FEMA - Home Delivered Meals
$39
Department of Aqinq/Nutrition - Home Delivered
FEMA - Home Delivered Meals
$39
Purpose: To rollover unexpended grant funds to FY 1992-93.
Approval of Budget Amendment #93-0022 - cooperative Extension
Service
The Commissioners approved the following Budget Amendment:
93-0022 Cooperative Extension Service
Debit
Credit
Cooperative Extension Service
State Grant (composting)
$500
Departmental Supplies
Training and Travel
$350
$150
Motion: To carry forward grant for composting.
spent in FY 1991-92.
No funds were
Budget Amendment #93-0023 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
o
93-0023 community Based Alternatives
Debit
Credit
Community Based Alternatives
Community Based Alternatives Grants
$49,563
Alternatives to Detention Program
$49,563
Purpose: To budget the Alternatives to Detention Grant for FY
1992-93 which provides an alternative to detention for selected
juveniles. The grant agreement was approved by the Commissioners
in the amount of $55,479 on May 18, 1992. The State awarded
$49,563. No County funds are required; however, $4,600 is included
in the FY 1992-93 Budget to pay benefits for the program's staff.
Approval of Budget Amendment #93-0024 to Budget Appropriated Fund
Balance for outstanding Purchase Orders as of June 30, 1992
The Commissioners approved the following Budget Amendment:
93-0024 commissioners' Office/various Departments
Debit
Credit
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Commissioners' Office
Appropriated Fund Balance
$144,393
Finance Department
Printing Charges
$ 1,352
MIS Department
Departmental Supplies
Capital Outlay - Equipment
$26,996
$14,359
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 110
Budget Amendment continued
Debit
Credit
Tax Department
Capital Outlay - Equipment
$59,265
Sheriff's Department
Maintenance & Repair - Equipment
$
260
Clerk of Superior Court
Departmental Supplies
$
690
Planninq
Printing Charges
$ 4,864
Department of Social Services
Capital Outlay - Equipment
$ 4,995
Human Relations
Capital Outlay - Equipment
Departmental Supplies
Training & Travel
$ 2,500
$ 840
$ 570
Parks
Capital Outlay - Equipment
Contracted Services
$ 4,756
$11,200
Museum
Departmental Supplies
Printing Charges
$ 7,746
$ 4,000
Environmental Manaqement
Appropriated Fund Balance
$102,783
Landfill
Contracted Services
$79,616
Recyclinq
Advertising Costs
$ 7,074
Waste-To-Enerqy Facility
Maintenance & Repair - Equipment
$16,093
Water & Sewer Finance
Appropriated Fund Balance
Contracted Services
Departmental Supplies
Capital Outlay - Equipment
$ 27,796
$11,197
$ 696
$15,903
Purpose: To budget appropriated fund balance for outstanding
purchase orders as of June 30, 1992. The purchase order amounts
should be added to each appropriation as it appears in the Budget
Ordinance in order to account for the payment against the fiscal
year in which it is paid (adopted in the Budget Ordinance for FY
1992-93 dated June 15, 1992).
Approval of Budget Amendment #93-0026 to Rollover Expenditures from
FY 1991-92 to FY 1992-93
The Commissioners approved the following Budget Amendment:
93-0026 County Commissioners' Office/Various Departments
Debit
Credit
Commissioners' Office
Appropriated Fund Balance
$119,838
MIS
Capital Outlay
$55,000
Property Manaqement
Contracted Services
$ 5,000
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 1~1
Budget Amendment continued
Debit
Credit
Inspections
Motor Vehicle Purchase
$27,000
DSS/Administration
Telephone Expense
capital Outlay
$11,000
$18,000
Human Relations
Departmental Supplies
$ 2,200
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Museum
Training and Travel
$ 1,638
Environmental Manaqement/Landfill
Appropriated Fund Balance
$133,900
Other Improvements
Motor Vehicle Purchase
$83,900
$50,000
Purpose: To rollover the following expenditures from FY 1991-92
to FY 1992-93:
MIS $20,000/purchase fire suppression system for the
computer room; $20,000/rewiring and renovations in the
computer room; and $15,000/equipment for multi-media training
for computer software.
Property Management - engineering consultant's fee for heating
and cooling repairs in the old Courthouse.
Inspections - purchase of vehicle for Fire Marshal (originally
budgeted in FY 1991-92).
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Department of Social Services - expenditures for telephone
wiring charges not completed in FY 1991-92 and funds for a
computer system budgeted in FY 1991-92, but not required until
FY 1992-93.
Human Relations - purchase of equipment to automate the office
as a clerical position was eliminated during the downsizing.
Museum - summer course at the Museum of Early Decorative
Arts/the course spans both fiscal years.
Environmental Management/Landfill - $83,900 for a wastewater
treatment plant and $50,000 for purchase of a truck.
Approval of Budget Amendment #93-0027 - Marion Stedman and IMS
Grants - Museum
The Commissioners approved the following Budget Amendment:
93-0027 Museum
Debit
Credit
Museum
Marion Stedman Grant
IMS Grant
$2,500
$ 50
Contracted Services
$2,550
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purpose: To rollover unexpended Marion Stedman and 1MS grant
funds from FY 1991-92 to FY 1992-93.
Release of Value - Tax Department
The Commissioners approved releasing the following penalties
as the taxpayer provided adequate information to the Tax Department
for the County to charge the business personal property tax:
Centura Bank
$462.64
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M~NUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 112
Approval of Tax Collection Reports Through July 31, 1992
The Commissioners approved the following Tax Collection
Reports as submitted by the Collector of Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
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Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XX, Page 8.
Acceptance of 1991 Settlement of Tax Collections, Reappointment of
Patricia J. Raynor as Collector of Revenue for FY 1992-93 and
Charge the Collector of Revenue with Collection of the 1992 Tax
Levy
The Commissioners accepted the 1991 Settlement of Tax
Collections as presented by the Collector of Revenue; reappointed
Patricia J. Raynor as Collector of Revenue for 1992-93; and charged
Ms. Raynor with the collection of the 1992 Tax Levy.
Copies of the Settlement of Tax Collections for 1991, the
reappointment of the Collector of Revenue and Charge Sheet are
hereby incorporated as a part of the minutes and are contained in
Exhibit Book XX, Page 8.
Adoption of Resolution Authorizing the Finance Director to Dispose
of Surplus Equipment and Vehicles Through a County Auction
The Commissioners adopted a resolution authorizing the Finance
Director as the designated representative to dispose of surplus
equipment and vehicles through a County Auction to be held on
September 19, 1992.
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Copies of the resolution and list of surplus equipment and
vehicles are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XX, Page 8.
Approval of Contract #93-0062 with the Methodist Home for Children
for Operation of the Department of Social Services' Receiving Home
The Commissioners approved a contract with the Methodist Home
for Children for operation of the Department of Social Services'
Receiving Horne. The County will lease the house furnishings and
the station wagon to the Methodist Horne. The Chairman was
authorized to execute the contract documents.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution for the Sale of Surplus Property Owned
Jointly by the City of Wilmington and New Hanover County
The Commissioners adopted a resolution for the sale of surplus
property owned jointly by the City and County accepting th~
following offer submitted by William L. Streets:
Tax Parcel No.
054-13-023-001.000
Address of Property
1101 South 7th Street
Amount of Offer
$7,000
The property represents ad valorem tax values as of 1989
totaling $6,011. The offer to purchase has been duly advertised
for upset bid.
.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 8.
RECOGNITION OF NEW COUNTY EMPLOYEES .
Assistant County Manager Dave Weaver recognized the following
new County Employees:
Kevin Reeves
Jen:!-f~J:;." T?lylor
Leslie Royals
Peggy Haraldson
Edna Dean Roberts
Parks & Recreation Department
Health Department
Finance Dept. (Water & Sewer)
Sheriff's Department
Department of Social Services
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 113
John Hubbard
David Smith
Georgia Cummings
Brenita Mitchell
Deborah Maxwell
Environmental
Department of
Department of
Department of
Department of
Management
Social Services
Social Services
Social Services
Social Services
Chairman Mathews, on behalf of the Board, welcomed the new
employees and wished them well in their new public service jobs.
POSTPONEMENT OF DANGEROUS DOG ORDINANCE UNTIL MEETING OF SEPTEMBER
8, 1992
Assistant County Attorney Kemp Burpeau presented background
information on the proposed Dangerous Dog Ordinance and stated the
purpose of the ordinance is to streamline time-consuming appeals
before Superior Court. The County is currently operating under the
State's Dangerous Dog Statute and the appeal process has become
quite cumbersome. The proposed change is minor and will save time
for the pet owners as well as for the Courts and County Staff.
Also, the Commissioners were requested to approve Procedural Rules
to administer the appeal hearings as submitted by the Animal
Control Board.
()
commissioner Retchin commented on this process being less time
consuming and expensive for dog owners when in violation of the
State Dangerous Dog Act and recommended adoption of the proposed
ordinance.
commissioner Sutton commented on questions received from the
general public on the proposed ordinance and recommended postponing
this item until the meeting of September 8, 1992, in order to
provide an opportunity for the public to comment.
Vice-Chairman Greer requested further explanation of the minor
change and asked if the ordinance is necessary?
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Assistant County Attorney Burpeau stated the only change is
how the appeal is handled in Superior Court. Under the current
State Law, an appeal from the appellant board goes to Superior
Court where a new hearing is required with the presentation of new
evidence and witnesses. This process is quite cumbersome and time
consuming, particularly when trying to comply to the court
schedule. The proposed ordinance will allow for a review of the
record by the Judge for due process of law without hearing new
evidence or presenting witnesses.
Further discussion was held on the right of appeal for the
defendant under the "review of the record" process. Assistant
County Attorney Burpeau stated after review of the record by the
Judge, if an error is found, the Judge will require the appellant
board to re-hear the case with the presentation of new evidence
based upon the determination of the Judge, which will be in written
form. The case will not be heard in superior Court under the
proposed ordinance.
commissioner Barfield commented on some form of a regulation
that will prohibit trained dangerous dogs from being on streets and
asked if a regulation of this type can be incorporated into the
proposed ordinance?
()
Animal Control Director, Ron Courie, stated when the State
Dangerous Law was first introduced there was a section that would
l not allow persons to own certain breeds of dogs; however, this bill
did not pass. The County could adopt an ordinance of this type;
however, a breed specific law is not recommended since any dog can
be dangerous.
Chairman Mathews expressed concern for designation of
person, the Animal Control Director, to determine if' a 'dog
dangerous and recommended that a three-person committee
appointed to make this determination.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 114
Animal Control Director Courie stated under state Law the
Animal Control Director is assigned this responsibility; however,
staff will be glad to consider establishing a committee.
Motion: After further discussion of the proposed ordinance and the
importance of providing an opportunity for the public to comment,
Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer to
postpone action on this ordinance until the night meeting of
September 8, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AMENDMENT TO CHAPTER 12, ARTICLE 11, EXPLOSIVES,
SECTION 12-16, SALE, DISCHARGE OF FIREWORKS, NEW HANOVER COUNTY
CODE
Inspections Director Sky Conklin reported that the recently
adopted State Fire Code requires that a permit be obtained from the
Fire Marshal in order to sell, use or set off fireworks in New
Hanover County. This responsibility was designated to the County
Manager by the Board of County Commissioners; however, in order to
comply to the new State Fire Code, the ordinance should be amended
to read as follows:
section 12-16: Sale, Discharge of Fireworks: It shall be
unlawful for any person to sell or offer for sale, or use, set
off, or explode any firecrackers, Roman candle, skyrocket or
other fireworks in this County except upon first having
applied for and secured a permit from the County Fire Marshal.
Issuance of a permit shall be predicated upon compliance with
Chapter 20 of the North Carolina State Fire Code (Volume V of
the State Building Code) and the currently effective edition
of NFPA 1123. The applicant shall furnish evidence of
liability insurance in the form of a certificate of Insurance
issued to New Hanover County applicable to the event to be
permitted, providing limits of liability in the amount of at
least $1,000,000 per occurrence applicable to claims due to
bodily injury and/or property damage.
commissioner Retchin inquired as to whether this ordinance
will apply to the municipalities within the counties, and will the
permit be issued in writing?
Director Conklin stated fireworks permits will be issued in
writing and the ordinance will be applied in jurisdictions where
the Fire Marshal is authorized to enforce the Fire Code. The City
of Wilmington, Town of Kure Beach, and Town of Carolina Beach are
exempt from the ordinance.
Motion: Commissioner Retchin MOVED, SECONDED
Barfield to adopt the ordinance amending Chapter
section 12-16 of the New Hanover County Code.
MOTION CARRIED UNANIMOUSLY.
by Commissioner
12, Article II,
Upon vote, the
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 8.
The ordinance amending Chapter 12, Article II, Section 12-16
will be codified into the New Hanover County Code.
ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACT #93-
0080 WITH CROSSROADS OF NORTH CAROLINA, INC. AND OPERA HOUSE
THEATRE COMPANY, INC. FOR LEASE OF THE LUCILLE SHUFFLER BUILDING
County Attorney Copley presented a proposed lease agreement
with Crossroads of North Carolina, Inc. and Opera House Theatre
Company, Inc., two local non-profit corporations, for lease of the
Lucille Shuffler Building to provide charitable services to all
citizens of New Hanover County. The Commissioners were requested
to adopt the resolution authorizing the execution of the lease with
the following .terms:.
Lease of the Lucille Shuffler Building, 2011 Carolina Beach
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 11:5
Road, Wilmington North Carolina, to Crossroads of North
Carolina, Inc. and Opera House Theatre Company for a term of
ten years with the right and option to renew at an annual
rental rate of one dollar ($1.00), according to the terms and
conditions determined by the Board of County Commissioners.
Commissioner Sutton commented on the lease agreement calling
for actual cash value insurance on the property versus replacement
cost and expressed concern as to how the funds would be distributed
if damage occurs to the building.
County Attorney Copley stated the Executive Director of the
Wilmington/New Hanover Insurance Advisory committee, Carlton
Allegood, provides insurance protection for the County in all
contracts and leases; therefore, she will be glad to discuss this
matter with Mr. Allegood or have him to appear before the Board at
the end of the meeting.
Motion: After discussion of adopting the resolution to authorize
the execution of a lease (which will be considered after hearing
from Carlton Allegood) Commissioner Retchin MOVED, SECONDED by
Commissioner Sutton to adopt the resolution as presented. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
RECOMMENDATIONS OF TAX ADMINISTRATOR UPHELD ON APPEALS SUBMITTED BY
THE BRADLEY CREEK HOMEMAKERS' EXTENSION CLUB AND JUNIOR ORDER
CORPORATION FOR DISCOVERY OF PREVIOUSLY EXEMPTED PROPERTY LOCATED
AT 235 PEIFFER AVENUE - TAX PARCEL #R06207-014-001-000
Tax Administrator Roland Register presented background
information on the appeals by the Bradley Creek Homemakers'
Extension Club and Junior Order Corporation. The property was sold
to the Junior Order Corporation and one of the trustees of the
Homemakers' Club in December, 1991. The Tax Department questioned
the exempt status of the club and issued a discovery notice to deny
exemption for prior years as authorized by the General Assembly in
1991. The subject property was originally exempted as an
"educational" organization which worked in association with the
County Home Extension Agency to assist homemakers in basics of
"home economics." Through the years, the original purpose of a
community club appears to have diminished.
In December, 1989, the building was smoke damaged without
funds to repair the structure; therefore, the club decided to sell
the property. By-laws were changed so that proceeds were placed in
a Certificate of Deposit while setting up a trust fund for
charitable disposition of the interest earned. The club did not
disband; however, the proceeds of the sale did not go to the
Seagate Volunteer Fire Department as previously required in the by-
lays. Subsequent use of this property has not been by an
organization qualifying for exemption.
In 1992, the value of the property was reduced by the Board of
Equalization & Review for the portion purchased by the Junior
Order. Mr. and Mrs. Daniels did not appeal the value of the vacant
land.
Tax Administrator Register stated in January 1, 1990, there
was inadequate time for the club to make repairs so it could
continue its use; however, as of January 1, 1991, amp~e time'had
passed for repair of the build'ing to its "whole and exclusive use"
as required by the General Statutes; therefore, the property did
not qualify for exemption on January 1, 1991. Under NCGS 105-312,
the Board may uphold the discovery or compromise the taxes or the
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 116
penalty. The Tax Department recommends upholding the discovery for
1991, reducing the value from $85,348 to $53,680 and releasing the
penalty.
Chairman Mathews asked if the appellants are present and would
like to comment on the appeals.
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No persons were present from the Bradley Creek Homemakers'
Extension Club or the Junior Order Corporation.
Motion: Since no appellants were present, Commissioner Retchin
MOVED, SECONDED by Chairman Mathews to accept the recommendations
of the Tax Administrator as follows: (1) uphold the discovery for
1991 and reduce the value from $85,348 to $53,680 with release of
the penalty; and (2) grant a partial, and conditional exemption to
the Junior Order Corporation for the building and 1/2 acre of land
with taxation for the balance of the land upheld. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
COMMITTEE APPOINTMENTS
Discussion was held on implementation of the new Committee
Appointment policy effective October 5, 1992.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Sutton to implement the new policy
effective this date with nominations being made at today's meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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Nomination and Appointment of Donna C. Irvin, Elizabeth A. weis,
Sheila S. Davis, and Edith Ann Bell Steele to Serve on the
Domiciliary Home Community Advisory Committee
Chairman Mathews reported that five vacancies exist on the
Domiciliary Home Community Advisory Committee with only four
applications received. Ms. Edith Ann Bell Steele is eligible for
reappointment and desires reappointment. Ms. Sheila S. Davis has
served two terms; however, she has requested that she be
reappointed to serve a third term since she is currently Chairman
of the Domiciliary Committee.
Chairman Mathews opened the floor to receive nominations for
the Domiciliary Home Community Advisory Committee.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to nominate Ms. Donna C. Irvin, Elizabeth A. Weis, Edith
Ann Bell Steele, and Sheila S. Davis. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Since there were no other applications received, the following
persons were appointed to serve on the Domiciliary Home Community
Advisory Committee:
-Appointment of Donna C. Irvin to serve a one-year initial
term to expire August 17, 1992.
-Appointment of Elizabeth A. Weis to serve a one-year initial
term to expire August 17, 1992.
.
-Reappointment of Edith Anne Bell Steele to serve a three-year
term to expire August 5, 1995.
-Reappointment of Sheila S. Davis to serve a three-year term
to expire August 31, 1995.
Reappointment of Harry Dorsey and Russell B. Long, Sr. to the Board
of .Examiners of Electricians
Chairman Mathews reported that two vacancies exist on the
Board of Examiners of Electricians and that four applications have
been received. Mr. Harry Dorsey and Mr. Russell B. Long-desire
reappointment.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE ~~17
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to reappoint Harry Dorsey and Russell B. Long, Sr. to serve
2-year terms on the Board of Examiners of Electricians with the
terms expiring September 2, 1994. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Nomination of William A. Caster, John J. Manock, and Scott G.
Sherman to be Considered for Appointment to fill the unexpired Term
of William T. Boyd on the Human Relations Commission
Chairman Mathews reported that William T. Boyd has resigned
from the Human Relations Commission, therefore, the unexpired term
should be filled. Nine applications have been received and the
Human Relations Commission has recommended consideration of
appointing John J. Manock or Arena F. Everett to fill the unexpired
term.
o
Chairman Mathews opened the floor to receive nominations for
the Human Relations Commission.
Vice-Chairman Greer nominated William A. Caster.
commissioner Retchin nominated John J. Manock.
Chairman Mathews nominated Scott G. Sherman.
There being no further nominations, Chairman Mathews declared
the nominations closed.
The nominees will be considered for appointment to fill the
vacancy on September 8, 1992.
Reappointment of Joseph F. Dunn, Jane I. Grant, vivian-Sue Penn,
and Ann W. wilkinson to Serve on the Library Advisory Board
Chairman Mathews reported that eight applications have been
received to fill four vacancies on the Library Advisory Board.
Four of the applicants, Joseph F. Dunn, Jane I. Grant, Vivian-Sue
Penn, and Ann W. Wilkinson, are eligible for reappointment and
desire to be reappointed.
I:)
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to reappoint Joseph F. Dunn, Jane I. Grant, Vivian-Sue
Penn, and Ann W. Wilkinson to serve 3-year terms on the Library
Advisory Boards with the terms expiring August 31, 1995. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of Margaret Banck and Willa Hatcher to Serve on the
Nursing Horne Advisory Committee
Chairman Mathews reported that the following nominations were
received at the August 3, 1992, meeting for filling two vacancies
on the Nursing Home Advisory Committee:
Margaret Banck
Anne Hardaway
Willa Hatcher
LeRoy D. Marshburn
Charles K. Royal
Chairman Mathews called for a vote on the appointment of
Margaret Banck. The following votes were received.
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Voting Aye: Commissioner Barfield
commissioner Retchin
commissioner Sutton
Vice-Chairman Greer
Chairman Mathews called for a vote on the appointment'of Anne
Hardaway. No votes were received.
Chairman Mathews called for a vote on the appointment of Willa
Hatcher. The following votes were received.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 118
Voting Aye: Commissioner Barfield
Commissioner Retchin
commissioner Sutton
Chairman Mathews requested a motion to appoint the two
candidates that have already received a majority vote.
.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Sutton
to appoint Margaret Banck and Willa Hatcher to serve an initial
one-year term on the Nursing Homes Advisory Committee. The terms
are to expire August 17, 1993. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Appointment of George Kraft and Ellis Price, Jr. to Serve on the
Board of Fire Commissioners and Ratification of the Appointments of
Gary Rowe and James R. Pittman to Serve on the Board of Fire
Commissioners
commissioner
the Board of Fire
L. Hartsell, Sr.
appointees.
Barfield, the Commissioners' representative on
Commissioners, recommended appointment of Wayne
and Ellis Price, Jr. as the Commissioners'
commissioner Retchin stated George Kraft is also eligible to
serve in the Federal Point Fire District and emphasized the
importance of appointing persons to better represent the at-large
population. Concern was expressed for appointing persons who are
currently members of volunteer fire departments or who are serving
on executive boards.
Discussion was held on whether these members are going to be
nominated or appointed.
.
Chairman Mathews opened the floor to receive nominations.
commissioner Retchin nominated George Kraft as
representative for the Federal Point Fire District.
the
Chairman Mathews nominated Ellis Price,
representative for the Ogden Fire District.
Jr.
as
the
There being no further nominations, Chairman Mathews declared
the nominations closed.
Motion: After discussion of no other applications eligible to
represent the Federal Point and Ogden Fire Districts, Commissioner
Retchin MOVED, SECONDED by Chairman Mathews to appoint the
following persons to serve on the Board of Fire Commissioners: (1)
George Kraft to serve a 3-year term as a representative of the
Federal Point Fire District with the term expiring July 1, 1995;
and (2) M. Ellis Price, Jr. to serve a 3-year term as a
representative of the Wrightsboro Fire District with the term
expiring July 1, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to ratify the appointments of Gary Rowe as the
representative appointed by the winter Park Volunteer Fire
Department and James R. Pittman as the representative appointed by
the Ogden Volunteer Fire Department. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to convene- from Regular Session to hold a meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 10:00 A.M.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 119
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Retchin to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 10:08 A.M.
APPROVAL OF AMENDMENT TO THE NEW HANOVER COUNTY WATER & SEWER
ORDINANCE, SECTION 15-91, SEWER CONSTRUCTION REQUIREMENTS - NEW
HANOVER COUNTY CODE
Motion: After discussion of the need to provide more discretion in
allowing subdivisions up to five lots to be exempt from the dry
sewer construction requirement, Commissioner Retchin MOVED,
SECONDED by Commissioner Sutton to approve an amendment to the New
Hanover County Water & Sewer Ordinance by adding section 15-18 and
amending section 15-91 which will authorize the County Engineer to
grant an exemption if the following conditions are met: (1) the
subdivision is neither in an existing sewered area nor in an area
planned to be sewered within two years of the application for the
subdivision; and (2) all lot owners within the subdivision will be
assessed by the County for the full cost of the County providing
sewer service to the subdivision at the time the district sewer
becomes available to the subdivision. An appropriate note must be
recorded on the subdivision plat and placed as a restriction on all
deeds. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 8.
The ordin~nce will be codified into the County Code.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Corporate Resolution with Wachovia Bank for Designation
of Andrew J. Atkinson and Julianne M. Griffin as the County
Officials Authorized to Make Deposits and Draw Checks on the
County's Corporate Account
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to adopt the Corporate Resolution with Wachovia Bank for
designation of Andrew J. Atkinson and Julianne M. Griffin as the
County officials authorized to make deposits and draw checks on New
Hanover County's corporate account. 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 XX, Page 8.
Report on 1992 Conference of the N. C. Association of County
commissioners
commissioner Retchin commented on the 1992 N. C. Association
of County Commissioners' Conference and the excellent presentation
by Mecklenburg County on a Total Quality Management Plan. He
stated, perhaps, the Commissioners should consider a similar plan
for New Hanover County. Also, he commented on the incentive
program to be presented by the N. C. Association of County
Commissioners for establishment of 10 statewide awards of $1,000
each to employees who prepare increased productivity plans for
their departments and/or position. Staff and County employees were
encouraged to participate in the awards program.
Chairman Mathews also reported on the Conference stating
emphasis was placed on the need for additional sources of revenue
to fund mandated programs without raising taxes.
Commissioner Retchin stressed the importance of developing a
partnership among local, state, and federal governments to find the
necessary funding for mandated programs.
DISCUSSION OF CONTRACT WITH TAX MANAGEMENT ASSOCIATES, INC.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 120
commissioner Sutton expressed concern for the manner in which
the Minute Capsule was written for the August 3, 1992, Board
Meeting and requested a correction. He stressed the importance of
staff understanding that the intent of the Board was to direct
staff to seek an alternative method of collecting taxes other than
on a fee based system, not as written in the capsule, which implied
the Board wishes to "continue the fee based services of Tax
Management Associates, Inc. under existing payment terms" of the
contract.
Commissioner Retchin stated staff was directed to review the
County's contract with Tax Management Associates, Inc. and present
an alternative (which could be to cancel the contract, change the
method of payment, etc.) that will be more acceptable to the Board
and general public.
Vice-Chairman Mathews expressed appreciation to Commissioner
Sutton for pointing out this matter and stated the' capsule, edited
by the Assistant to the County Manager, is not an official record
of the meeting; therefore, no formal correction is necessary.
APPROVAL OF LEASE AGREEMENT WITH CROSSROADS OF NORTH CAROLINA, INC.
AND OPERA HOUSE THEATRE FOR LEASE OF THE LUCILLE SHUFFLER
County Attorney Copley reported that the Executive Director of
the Wilmington/New Hanover Advisory Committee, is unable to appear
before the Board; however, he recommends that the Commissioners
approve the lease agreement as amended:
If the leased property is damaged or destroyed by fire or
other catastrophes, the proceeds from all property insurance
shall be paid to the Lessor. The Lessor shall determine
whether or not to repair or to replace the leased premise.
Commissioner Sutton expressed concern for the words, "cash
value" and after discussion it was agreed that this verbiage should
be deleted and replaced.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Sutton to approve the lease agreement with
Crossroads of North Carolina, Inc. and Opera House Theatre as
amended and proposed by the County Attorney with deletion of the
words "actual cash value" to be replaced with the following
verbiage: "at a value agreed upon by the Board of County
Commissioners". Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
Commissioner Sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
A copy of the lease agreement is on file in the Legal
Department.
BREAK
Chairman Mathews called a break from 10:19 A.M. until 10:31
A.M.
EXECUTIVE SESSION
Chairman Mathews requested a motion to convene to Executive
session to discuss a real estate matter.
Motion: Vice-Chairman Greer
Retchin to convene from Regular
discuss a real estate .matter.
UNANIMOUSLY.
MOVED, SECONDED by commissioner
Session to Executive Session to
Upon vote, the MOTION CARRIED
Chairman Mathews convened to Executive Session at 10:32 A.M.
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MINUTES OF REGULAR MEETING, AUGUST 17, 1992
PAGE 12-1
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 11:00 A.M.
ADJOURNMENT
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:00 A.M.
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Clerk to the Board
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