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1992-11-16 Regular Meeting .. . . "'lllIll MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 195 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 16, 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.; County Manager, Allen O'Neal; 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 Reverend E. J. George, a retired minister, gave the invocation. Vice-Chairman Robert G. Greer led the audience in the Pledge of Allegiance to the Flag. Presentation of Certificate of Appreciation to Reverend E. J. George Chairman Mathews, on behalf of the Board, presented a certificate of Appreciation to Reverend E. J. George for the many times he has so graciously consented to present the invocation on short notice when other ministers are unable to attend. Reverend George expressed appreciation for the certificate and stated he would be glad to give the invocation whenever needed. NON-AGENDA ITEMS Chairman Mathews inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No items or comments were received. APPROVAL OF CONSENT AGENDA Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of November 2, 1992, as presented by the Clerk to the Board. Approval of Paine Webber as the Investment Banker for Proposed l..T::;\: Hanover Regional Medical Center Revenue Bond Issue The Commissioners approved Paine Webber as the investment banker for the proposed $16,000,000 tax exempt hospital revenue bond issue as recommended by the New Hanover Regional Medical Center Board of Trustees. Adoption of Resolution Accepting the Offer for Purchase of Surplus Property The Commissioners accepted the following offer for the sale of surplus property: Parcel No. 072-13-010-025.000 Address 126 Tanglewood Drive Amount of Offer $9,000 Offeror: Gordon A. and Annette Baxley 129 N. Channel Haven Drive Wilmington, N. C. J ,/ ( MI~TES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 196 The tax value of the parcel is currently $12,000 with market value determined to be $9,000. The property was acquired by the County through foreclosure in December, 1990. The offer will be 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 14. Approval of Budget Amendment #93-0070 - Water & Sewer District The Commissioners approved the following Budget Amendment: () 93-0070 Sewer operating Fund/Water operating Fund Debit Credit Sewer Operating Fund Operating Transfers In $305,070 Water Operatinq Fund Transfers $305,070 Purpose: adopted, merged. of funds To close Fund 470. When the FY 1992-93 Budget was the Water Operating Fund and the Water & Sewer Fund were This Budget Amendment is needed to transfer the remainder to the Water & Sewer Fund. (For accounting purposes only.) Approval of Budget Amendment #93-0075 - Sheriff's Department The Commissioners approved the following Budget Amendment: 93-0075 Sheriff's Department/Controlled Substance Tax Debit Credit Sheriff's Dept./Controlled Substance Tax Controlled Substance Tax Departmental Supplies Capital Outlay - Equipment $6,444 $7,000 o $13,444 Purpose: To budget the first quarter Controlled Substance Tax receipts. The Controlled Substance Tax is a tax on illegal drugs possessed by drug dealers. Of the proceeds received, 75 percent must be remitted to the local law enforcement agency that conducted the investigation. Approval of Budget Amendment #93-0074 - Health Department The Commissioners approved the following Budget Amendment: 93-0074 Health Department/Personal Health Debit Credit Health Dept./Personal Health Health Fees $3,000 Departmental Supplies $3,000 Purpose: To budget revenue earned from flu shots to purchase additional vaccine. ":) Approval of Budget Amendment #93-0073 - Legal Department The Commissioners approved the following Budget Amendment: 93-0073 Non-Departmental - Legal Department Debit Credit Non-Departmental Contingencies $10,000 ~ \, , MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 197 Debit Credit Leqal Department Contracted Services $10,000 -. Purpose: To increase the Legal Department's budget in the amount of $10,000 for legal expenses related to a lawsuit. The insurance coverage has a $10,000 deductible. Funds will be used for legal fees, court reporter charges, and expenses related to the case. Reimbursement will be requested as part of the settlement. Acceptance of Tax Collection Reports Through October 31, 1992 The Commissioners accepted the following Tax Collection Reports through October 31, 1992, as presented by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 14. Release of Value - Tax Department The Commissioners approved release of the following penalties as the taxpayers certified they listed on time: . william B. & Carol D. Baumann Fast Food, Inc. D/B/A Kettle Pancake House Mildred R. Grant, D/B/A Ten Mile Post Gift Shop June Papineau Roper John S. & Marie Elizabeth Shafer James Smith, D/B/A pine View Cottages David L. Stone Louis C. & Daisy G. Trent $ 2.77 $ 79.74 $ .68 $ 3.86 $ 29.99 $ 1.58 $ 15.63 $ 5.34 The Commissioners released the following value adjustment on property due to conditions being brought to the attention of the Tax Department: Jon J. & Marcia Eygabroat Clyde G~ & Delores C. Martin Sheila D. McCraw Stephen Eidy Sugheir $ 870.00 $8,970.00 $2,084.00 $2,359.00 Authorization to Dispose of Tax Department Records The Commissioners authorized the Tax Administrator to dispose of the following records: 1955 - 1965 Wilmington Scroll 1955 - 1965 County Scroll 1971 Wilmington, Masonboro, Cape Fear, Federal Point, Harnett, and Wrightsville Beach Supplemented Scrolls. 1968 Harnett, Federal Point, Kure Beach, Masonboro, Wrightsville Beach, and Wilmington Scrolls. 1969 Federal Point, Carolina Beach, Kure Beach, Wrightsville Beach, Harnett, Masonboro, Cape Fear, and Wilmington Scrolls. . Adoption of Resolution Rejecting All Bids Received for Microcomputer - Bid #93-0128 - M.I.S. Department The Commissioners adopted a resolution rejecting all bids received for Microcomputer Equipment. Due to the change in IBM product lines, adding new and removing discontinued models, after the bid had been advertised, it was recommended by the M. I. S. Department, Finance Director and County Manager to reject all bids received and re-bid the equipment at a later date. A copy of the resolution containing all bids received is hereby made a part of the minutes and is contained in Exhibit Book XX, Page 14. ~ /~ ( MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 198 Authorization to File a Grant Application with the U. S. Army Corps of Engineers for Management of Mosquitoes On Dredge Disposal Islands - Health Department. The Commissioners authorized the Health Department to file a grant application in the amount of $50,000 with the U. S. Army Corps of Engineers for management of mosquitoes produced on the Dredge Disposal Islands in New Hanover County owned by the Corps of Engineers. A copy of the grant application is on file at the Health Department. ~ , ) " .-' Re-Award of Contract #93-0107 to Archaeological Research Consultants, Inc. for Data Recovery at the River Road Park site This contract was originally awarded to UNCW's Laboratory of Coastal Archaeology in the amount of $16,528.48 for the data recovery project at the River Road Park site contingent upon approval of the plan by the Advisory Council of Historic Preservation. Due to the delay in receiving the federal approval, UNCW had to withdraw its bid because of time restraints. Archaeological Research Consultants, Inc. was the second lowest bidder in the amount of $16,640. The difference of $111.52 is budgeted and available. staff recommends re-award of the bid to Archaeological Research Consultants, Inc. The Commissioners re-awarded the contract to Archaeological Research Consultants, Inc. in the amount of $16,640 as recommended by staff. The County Manager was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolution waiving the Surety Bond Requirement for Furnishings at the Myrtle Grove Branch Library The Commissioners adopted a resolution waiving the surety bond requirement for furnishings at the Myrtle Grove Branch Library pursuant to N.C.G.S. 143-129. The Architect for the library recommends waiver of the surety bond requirement since it is not customary in the furniture industry for suppliers to furnish a surety bond for a transaction of approximately $6,000. o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 14. Approval of Amendment to the New Hanover County Personnel POlicy, section 30, Education Leave The Commissioners approved an amendment to the New Hanover County Personnel Policy, Section 30, Education Leave to allow department heads more flexibility in considering which educational courses are eligible for reimbursement to employees successfully completing a program with a "c" or better grade average. A copy of the amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 14. DISCUSSION ON ENDORSEMENT OF PROPOSED SCHOOL AND COMMUNITY COLLEGE BOND REFERENDUM Ms. Ann King, Chairman of the New Hanover County Board of Education, reported on the following action taken by the Board of Education at its November 10, 1992 meeting: () Adoption of Resolution Endorsing a $39,427,900 School Bond Referendum: For the past three years, the Board of Education has been developing a Facilities Plan to meet the educational needs of the students in New Hanover County. The Board of Education, as currently constituted, has endorsed a resolution calling for a $39,427,900 bond referendum in the early spring. The Commissioners were requested to endorse the concept with the understanding that the newly elected officials serving on , I I i l ~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 19'92 PAGE 199 the Board of Education and Board of County Commissioners will be responsible for final approval of a bond referendum. .' Presentation of a Resolution of Appreciation: The Board of Education adopted a resolution expressing appreciation to the New Hanover County Board of commissioners for its continuous commitment to education and the students in New Hanover County Schools. The resolution was read and a copy presented to each County Commissioner. commissioner Retchin commented on the extraordinary working relationship between the Board of Education and Board of County Commissioners during his eight years serving as a County commissioner and urged the new boards to work together in order to ensure quality education for our children. Dr. Richard Conrath, President of Cape Fear Community College, expressed appreciation to the Board of County Commissioners for the continuous support of the College and introduced Ms. Constance O'Dell, Vice-Chairman of the Cape Fear Community College Board of Trustees, to report on the proposed bond referendum. Ms. O'Dell reported on action taken by the Board of Trustees in support of a bond referendum in the early spring. Emphasis was placed on the immediate need for additional space and facilities. The Commissioners were respectfully requested to support the bond referendum concept and urge members of the new Board to endorse the proposal. . Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to endorse the concept of a bond referendum as desired by both educational institutions and urge the newly elected Board of Education and Board of County Commissioners to move forward with acting on this item. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AMENDMENTS TO THE N. C. GENERAL STATUTES REGARDING ENABLING LEGISLATION FOR FAIR HOUSING AND FAIR EMPLOYMENT ORDINANCES County Manager 0' Neal reported on the Off ice of General Counsel of HUD determining that enabling legislation of the North Carolina General Assembly does not meet the substantial equivalency requirements and must be amended for enactment of New Hanover County's Fair Employment and Fair Housing ordinances. The Human Relations Commission recommends that New Hanover County request the General Assembly during the 1993 Session to amend Chapter 960, House Bill 628 of the 1981 Session to include "Familial Status"; remove the 70 years of age limit; change "handicap" to "disabling condition"; and add a provision for New Hanover County to amend its ordinance as future needs arise to be consistent with changes in the Federal Legislation. Vice-Chairman Greer inquired as to whether additional funds will be needed? County Manager O'Neal stated the proposed amendments will not require additional funding. . Motion: After further discussion, commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the amendments as presented and recommended by the New Hanover Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Amendment to Enabling Legislation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 14. ~ ( MINUTES OF REGULAR MEETING, NOVEMBER 16, 19.92 PAGE 200 APPROVAL OF FOUR (4) SOCIAL WORKER II POSITIONS, ONE (1) CLERICAL SPECIALIST I POSITION AND ONE (1) SYSTEMS ADMINISTRATOR POSITION FOR THE DEPARTMENT OF SOCIAL SERVICES Social Services Director, Wayne Morris, reported on the need for the following positions, which have been approved by the Board of Social Services, and requested approval: Four (4) new Social Workers II (JOBS) One Clerical Specialist I (JOBS) One Systems Administrator (Programmer/Analyst II) o The JOBS positions are necessary if the Department of Social Services is to meet federal and state performance standards for the program. The JOBS program is currently reaching about 230 Aid to Families with Department Children (AFDC) clients. At least an additional 1,000 AFDC clients are not being reached. The four new Social Worker II positions and one Clerical Specialist I position, along with contracting with the Employment Security commission to outpost an Employment Counselor for the JOBS program, will allow the Department of Social Services to double the number of clients. These enhancements will improve the quality and effectiveness of the JOBS program. The Systems Administrator position is needed due to the new computer system; however, once the new system is fully operational, the Department of Social Services will be able to downsize the support staff. The new system will allow more effective generation of correspondence and other documents which are now being performed by word processing. within twelve months, one position should be eliminated. No additional county funds will be needed due to the high reimbursement by the state and federal governments for the JOBS program. () Motion: After discussion of the need to teach people good work habits and provide the necessary assistance in order for them to be self-supporting, Commissioner Barfield MOVED, SECONDED by Commissioner Sutton to approve the six positions as requested to become effective January, 1993 and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0071 Department of Social services/Administration/Employment Programs Debit Credit Dept. of Social Services/Administration DSS Administration Grants $130,205 Salaries & Wages FICA Retirement Medical Insurance Departmental Supplies $70,691 $ 5,408 $ 3,520 $ 7,136 $20,000 Dept. of Social Services/Employment Proqram Contracted Services $23,450 n " -' Purpose: To budget additional state and federal revenues for requested new staff, necessary supplies, and contract with the Employment Security commission for the JOBS Program and a Systems Administrator position for the DSS computer system. Commissioner Retchin complimented the Director of M. I. S., Bill Clontz, for the excellent job performed in developing an automated computer program for the New Hanover County Department of Social Services. ~ :\~ ~ .:.~~,; :r;'. MINUTES OF REGULAR MEETING, NOVEMBER 16,1992 PAGE 201 . APPROVAL OF ONE ADDITIONAL BUILDING INSPECTOR POSITION Director of the Inspection's Department, Sky Conklin, reported on the continuing increase in building permits and the demand for handling inspection requests properly. The Inspections Department has experienced a 29% growth rate over the past two years. Building Inspectors are averaging 15.5 inspections per day, while the generally accepted maximum rate is 10 to 12 daily. The problem has been exacerbated by downsizing waich has resulted in the loss of one Building Inspector. Concern was expressed for the fact that a continuous overload of inspections will impact public safety and hinder the department's ability to provide timely inspections for building. with actual permit fee revenues for the fiscal year-to-date being more than $100,000 higher than projected, funds are available to cover the requested position. If for some reason, permit fee revenues were to drastically decline, the position would be eliminated. Motion: After discussion of the current fee schedule and the improved telephone system, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve one additional Building Inspector position for the Inspections Department contingent upon elimination of the position if permit fee revenues decline and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 92-0077 Inspections Debit Credit Inspections Inspection Fees $26,405 . Salaries & Wages FICA Retirement Medical Insurance Employee Reimbursement $13,510 $ 1,034 $ 673 $ 1,188 $10,000 Purpose: To budget additional inspection fees to fund an additional Building Inspector position and additional employee reimbursement based on the increasing workload of the department. The salary range for the position is $21,780 - $30,492. Further discussion was held on the additional position. Commissioner Barfield recommended considering usage of this additional position as an inspector for capital projects if building permits should decrease. ADOPTION OF RESOLUTION AWARDING BID #93-0125 TO IBM CORPORATION FOR UPGRADE OF COUNTY COMPUTING SYSTEM County Manager O'Neal reported on the need for an upgrade to the New Hanover County Computing System and requested award of the bid to the IBM Corporation as recommended by staff. Vice-Chairman Greer inquired as to how the County will pay for the system? .' M.I.S. Director, Bill Clontz, reported that the new equipment will be paid for in five years and that money will be saved during this period due to the decrease in maintenance fees. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt a resolution awarding Bid #92-0125 to IBM Corporation, the only responsible bidder, in the amount of $1,298,352 for purchase of an Upgrade to the New Hanover County Computing system and the sale of an IBM 4381 Computer and 4361 Computer as a Trade-In to IBM Corporation. The equipment is to be installment purchased under the existing IBM Customer Agreement Contract #91-0039 and IBM installment Master Contract #93-0123. ~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 202 The Chairman was authorized to execute the 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 XX, Page 14. ACTION DEFERRED ON REQUEST TO SEEK FINANCING OF LANDFILL PROJECTS THROUGH LENDING INSTITUTIONS UNTIL THE NEWLY ELECTED OFFICIALS ARE SWORN INTO OFFICE Assistant County Manager, Dave Weaver, reported on 1989 State legislation allowing counties to finance waste disposal projects through lending institutions using non-tax revenues as collateral for the loans. The following Landfill projects could be financed through this process over the lives of the projects: Construction of Landfill Cell 4A: The cost for construction of this cell will be approximately $1.3 million. The cell will be comprised of seven acres and last approximately five years. Closure of Landfill Cell 3A: The cost for closing Landfill Cell 3A will be approximately $320,000. In order to minimize costs, it is recommended that the closure of Cell 3A be done in conjunction with construction of Cell 4A. Development of a Construction and Debris Processing Center (C&D Center): The projected cost of the C&D Center is $1.7 million. Funds to perform the engineering work have been approved as part of the FY 1992-93 budget. This center will accomplish the following: The C&D Center will enable the County to process 35% of the County's total waste stream, including such materials as concrete, scrap wood, and ferrous and non-ferrous metals, that result from construction and commercial/manufacturing activities. The C&D Center will enable the County to move toward meeting the State-mandated recycling goal of 25% for reduction of the waste stream. The C&D Center will allow for scrap wood to be separated, processed, and stored for use as high quality fuel for the Waste-to-Energy Facility during slack months as well as a supplement for wet or other hard-to-burn municipal solid waste. A major advantage of the C&D Center will be removal of bulky items, such as steel rails and pipes, engine blocks, and concrete chunks that have caused many of the maintenance problems at the Waste-to-Energy Facility. Use of Constructed Wetlands to Treat Landfill Leachate: This project is in the planning stages; however, it is anticipated that constructed wetlands could be quite useful in providing tertiary "polishing" treatment of leachate collected from the landfill cells. The cost of construction of these wetlands is still unclear, and efforts are being made to pursue grants to reduce the cost to the County. The proposed financing will help to reduce solid waste management costs over the next several years by spreading out the payments over a longer period of time and mitigate the need to raise tip fees. The need to minimize costs through financing over the next several years is further emphasized by the following concerns: (1) a shortfall in anticipated revenues from electrical sales to CP&L; (2) the lack of an adequate fund balance; and (3) available sales tax revenues. The Board was requested to allow staff to pursue financing through lending institutions using non- tax revenues as collateral for the loans. () o () . . . ~ ~.. "'7 MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 203 commissioner Barf ield expressed concern for the long-term effect of this financing and s'tiated the newly elected Board of County Commissioners should address this issue. Emphasis was placed on the fact that three new members have been elected; therefore, items of this nature should not be acted upon. County Manager O'Neal stated one of the first Work Sessions for the newly elected Commissioners will be to thoroughly update and review the Board on the Landfill and Waste-to-Energy Facility. Motion: After further discussion, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to authorize staff to pursue financing waste disposal projects through lending institutions using non-tax revenues as backing for the loans for Landfill and Waste-to-Energy Facility projects contingent upon all projects being presented to the Board for final approval. The floor was opened for discussion. Commissioner Barfield expressed concern for the confusing manner in which this material has been presented and stated he does not want to take action on this matter until the new County Commissioners are in office. Further concern was expressed for the perception of the general public regarding the Landfill and Waste- to-Energy Facility and the manner in which monies are being transferred. Vice-Chairman Greer strongly objected to the continuing increase of costs at the Landfill and inquired as to why another $1.3 million is needed to construct Landfill Cell 4A when this amount of money has been budgeted in FY 1992-93 for construction of that cell? Finance Director Atkinson stated the legislation was enacted because of the major problem involved with financing landfills. The landfill, itself, cannot serve as collateral for financing since the material is placed in the ground. The proposed financing would provide the County an alternative method of using the budgeted $1.3 million to provide an influx of cash. It was originally planned to use the funds to construct and pay for Cell 4A; however, due to the electrical sales and tipping fee shortfall, a portion of the funds can be used to make up for the shortfall with CP&L and at the same time allow staff to know the exact amount to budget next year with the remaining funds placed in the fund balance to be used in the future or address an emergency. This is simply an al ternati ve plan for use of the $1.3 million. The request is to authorize staff to approach the lending institutions and discuss how this type of financing could be structured. Any projects would be presented to the Board for final approval. Substitute Motion: After discussion of the need for the newly elected Commissioners to be thoroughly advised of the WTE Facility and Landfill projects before taking the requested action, commissioner Barfield MOVED, SECONDED by Vice-Chairman Greer to table this request until the newly elected Commissioners are sworn into office. The floor was opened for discussion. Commissioner Retchin stated there is no reason to prevent staff from pursuing this type of financing since all projects must receive final approval by the Board of County Commissioners. Commissioner Barfield, again reiterated, the need for ~he new board members to discuss this matter and recommended not creating the image with the general public that the current board is trying to make a last ditch effort to clear up the financial problems being experienced at the WTE Facility. After further discussion, Chairman Mathews called for a vote on the SUBSTITUTE MOTION to table this issue until after the new County Commissioners are sworn into office. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( I MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 204 commissioner sutton commented on the WTE Facility being created as an enterprise fund and expressed concern for the use of the sales tax, which was dedicated as a revenue source for the Water & Sewer District, or the use of other funds to supplement shortfalls in the operation of WTE Facility. He urged the future Board to allow this operation to become self-supporting. BREAK Chairman Mathews called a break from 10:28 A.M. until 10:39 () A.M. AUTHORIZATION OF FUNDS FOR INSTALLATION OF LANDSCAPING IRRIGATION SYSTEMS FOR NEW HANOVER INTERNATIONAL AIRPORT Deputy County Manager, Mary Gornto, stated during the construction and landscaping of the new airport terminal, bids were received for the installation of the irrigation system which were substantially more than estimated. It was then determined to postpone the planned installation and consider re-design or other options at a later time. Available funds of $26,373 were "set aside" and reserved for future use. The Airport Authority staff has developed a new plan for the phased implementation of an irrigation system. The low bid for Phase I of the newly-designed system is $46,888.25. The Airport does not have funds in its budget for this work; however, approximately $200,000 was spent for the landscaping of the new site and in order to protect this investment an irrigation system is needed. The Commissioners were requested to approve the transfer of the previously-designated funds in the amount of $26,373 and an additional $20,515 from the General Fund's unappropriated fund balance to install an irrigation system for the Airport. Motion: Commissioner sutton MOVED, SECONDED by Vice-Chairman Greer to approve the transfer of previously-designated funds in the amount of $26,373 from the Airport Capital Project and approve an additional $20,515 from the General Fund's unappropriated fund balance to enable the Airport to install an irrigation system. Upon vote, the MOTION CARRIED UNANIMOUSLY. o ADOPTION OF POLICY STATEMENT FOR THE PROVISION OF UTILITY SERVICES TO INDUSTRIAL FACILITIES County Manager O'Neal requested adoption of the following policy statement so the County will have regulations regarding the provision of utility services to industrial facilities for public purpose: policy Statement: New Hanover County will consider the extension of utility services to existing and new industry on a case-by-case basis, given the availability of funds. The Board of County Commissioners, in its decision-making process, may consider the total investment versus tax retu~n, quality of the industry, environmental acceptableness of industry, number of employees, public purpose and other factors as appropriate. Motion: After discussion of the need to adopt a policy that will reflect the County's interest in promoting new industry and jobs, Chairman Mathews MOVED, SECONDED by Vice-Chairman Greer to approve the policy as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 14. o I I I I I I I I I I l MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to convene from Regular Session to hold a meeting of the New Hanover County 'Water & Sewer District. Upon-vote, the MOTION CARRIED UNANIMOUSLY. . . . ~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 205 Chairman Mathews convened from Regular Session at 10:47 A.M. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regu'lar Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 11:06 A.M. DESIGNATION OF VOTING DELEGATE TO THE LEGISLATIVE GOALS CONFERENCE IN GREENSBORO, NORTH CAROLINA, ON DECEMBER 10-11, 1992 Commissioner Sutton recommended authorizing the Chairman to appoint the voting delegate. Chairman Mathews stated he would be glad to serve as the voting delegate since he now serves on the N. C. Association of County Commissioners' Legislative Goals Committee. Commissioner Retchin recommended appointing Vice-Chairman Greer to serve as the voting delegate since he is the only Commissioner officially elected to serve on the current Board of Commissioners. 'Vice-Chairman Greer stated if Chairman Mathews serves on the Legislative Goals Committee, he would prefer that he be appointed as the voting delegate. Motion: After further discussion, Commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer to designate Chairman Mathews as the Voting Delegate to the Legislative Goals Conference in Greensboro, North Carolina, on December 10-11, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. DENIAL FOR RENEWAL OF CONTRACT WITH IMAGINATIONS FOR ENVIROSMART ADVERTISING CAMPAIGN Director of Environmental Management, Ray Church, presented expenditures of the ENVIROsmart Advertising Campaign for the two previous years. The primary difference in the cost to the County and the sponsors contributions was due to the scope of the 1991 and 1992 programs. The 1991 program included production of television commercials and newsprint at a cost of $16,397.54. The sponsors contributions were $50,300. In 1992, the scope of the program was for development and distribution of a recycling brochure, newsprint, and radio advertisement. The cost of the County was $6,200.46 with sponsors contributing an additional $20,000. The proposed 1993 program will include the production of eight 30- second television commercials and newsprint. The County's contribution will be $10~000 with an additional $50,000 already committed by the sponsors. Commissioner Barfield expressed concern for the manner in which the expenditures were presented and recommended postponement of this item until the representative from Imaginations presents a well itemized list of expenditures. commissioner Retchin recommended amending the contract to read that the sum should not exceed $10,000 and that funds should not be paid until invoices have been presented. Due to interest expressed by members of local municipalities and adjoining counties to participate in this program, staff recommends renewal of the contract with Imaginations to continue the Envirosmart advertising campaign with a County contribution not to exceed $10,000. Funds have been budgeted in the current fiscal year. 'Staff also recommends writing letters soliciting participation in the program from adjacent Boards of County Commissioners and municipalities within New Hanover County .as well as requesting the Star-News to participate by donating advertising space. Any contributions received from neighboring counties, local municipalities or the Star-News will be used to expand the program or reduce the contributions allocated by the City and County. j ( ! I MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 206 commissioner Retchin inquired as to whether the City has approved its share of funding? Oirector Church stated the City has already budgeted funds. Emphasi!; was placed on the importance of promoting recycling through advertising in order to comply to stat~ requirements in development of the County's Solid Waste Plan. At the present time, the sponsors have already made commitments of over $50,000 for the advertising campaign. () A lengthy discussion was held on the production cost and the manner in which funds have been expended. Commissioner Retchin stated the requested information has been provided, although in a complex manner. commissioner Sutton expressed concern for the production fees and stated it is the responsibility of the County to see that funds are being properly expended for the sponsors. Motion: After further discussion of state requirements for an advertising program, Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to approve the contract with Imaginations contingent upon the amount not to exceed $10,000 with payments being made when specific invoices have been received detailing the services rendered. The floor was opened for discussion. . Vice-Chairman Greer stated he cannot support this contract when the City and County are being used unfairly in the advertising campaign. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: voting Aye: Commissioner Retchin commissioner Sutton () Voting Nay: Commissioner Barfield Vice-Chairman Greer Chairman Mathews commissioner Sutton requested that his SECOND TO THE MOTION BE WITHDRAWN and that his vote be recorded as a "no" vote. The MOTION DID NOT CARRY by a 4-1 vote and the contract was not renewed. COMMITTEE APPOINTMENTS APPOINTMENT' OF AIDA TOPLIN TO SERVE ON THE HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE Chairman Mathews reported orr filling the unexpired term of David McElwain who resigned from the Human Services Allocation Advisory Committee and stated five applications have been received. The floor was opened to receive nominations. commissioner Sutton nominat~d Aida Toplin. There being no further nominations, Chairman Mathews declared the nominations closed. . () Motion: commissioner Sutton MOVED, SECONDED by commissioner Retchin to appoint Aida Toplin to fill the unexpired term of David McElwain. The term is to expire June 30, '1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF LOUIS R~ SMITH TO SERVE ON THE PLUMBING BOARD OF EXAMINERS Chairman Mathews reported that one vacancy exists on the Plumbing'Board of Examiners with Louis R. Smith being eligible for reappointment. No other applications have been received: ! I l ~ ~. MINUTES OF REGULAR MEET'lNG, NOVEMBER 16, 19'92 PAGE' 207 . Motion: ChaIrman Mathews MOVED, SECONDED by Commissioner Sutton to reappoint Louis R. smith to serve a 3-year term on the Plumbing Board of Examiners. The te~m is to expire Decemb~r 1, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF"MARK BOYER TO SERV&'ON THE STRATEGIC PLANNING TEAM Chairman Mathews reported on the resignation of the news media representative, Hannah Gage, on the Strategic Planning Team and stated three applications in the name of Mark Boyer, Doc A. Howell, and Darryl T. Langley have been received~ The floor was opened to receive nominations. Chairman Mathews nominated Mark Boyer. There.being no further nominations, Chairman Mathews declared the nominations closed. Motion: Chairman Mathews called for a vote to appoint Mark Boyer to serve on the Strategic Planning Team as the news media representative. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT Chairman Mathews reported on two vacancies on the Zoning Board of Adjustment and stated seven applications have been received. Mr. Jim Bordeaux, a current member, would like to be reappointed and the two alternates, Joy Miller and victor M. Orlikowski, have expressed a desire to be appointed to filL the vacant positions. He also reported on a request by the Director of Inspections for the terms to become effective December 1, 1992. The floor was opened to receive nominations. commissioner Sutton nominated S. Keith Cooper. . commissioner Barfield recommended reappointment of Jim Bordeaux and nominated Kenneth S. Woodcock. There being no further nominations, Chairman Mathews declared the nominations closed. Vote: Chairman Mathews called for a vote on reappointment of Jim Bordeaux. Upon vote, Jim Bordeaux was UNANIMOUSLY reappointed to serve a 3-year term on the Zoning Board of Adjustment. The term is to expire December 1, 1995. Vote: Chairman Mathews called for a vote on the appointment of S. Keith Cooper. Upon vote, the MOTION DID NOT CARRY with only two votes received from Commissioner Retchin and Commissioner Sutton. Vote: Chairman Mathews called for a vote on the appointment of Kenneth S. Woodcock. Upon vote, Kenneth S. Woodcock was UNANIMOUSLY appointed to serve a 3-year term on the Zoning Board of Adjustment. The term is to expire December 1, 1995. ADDITIONAL ITEMS - COUNTY COMMISSIONERS . Tax Exempt Status Granted For the Chamber of Commerce Building site - Parcel #R04716-001-002-003 Commissioner Sutton reported on previous discussion of a tax exempt status for the property where the new building for the Chamber of Commerce is to be constructed, which is owned by the Chamber of Commerce Foundation. He commented on the previous location declared to be non-taxable and stated when reading the general statutes, previous status must be used for determining a new status or new location. Commissioner Sutton recommended that the building site be declared tax-exempt. Motion: After further discussion, Commissioner Sutton MOVED that the tax appeal for parcel #R04716-001-002-003 owned by the Greater Wilmington Chamber of Commerce Foundation be declared exempt from taxes. The floor was opened for discussion. ~ ( MINUTES OF REGULAR MEETING, NOVEMBER 16, 1992 PAGE 208 Chairman Mathews requested a response from the County Attorney. County Attorney Copley reported if the Board can show that the present use is for a non-profit purpose the tax exempt status would be acceptable. In the previous review,. it was determined that the lot was an empty unimproved parcel which did not qualify for a tax exempt status. commissioner Retchin SECONDED THE MOTION and commented on fairness stating the previous building occupied by the Chamber of Commerce was non-taxable and has been sold to another company who now pays taxes on that property; therefore, it is not fair to penalize the Chamber during this transition period because the building has not been completed. () Vice-Chairman Greer stated he does not disagree with the lot being tax exempt; however, once the building is constructed and rented to tenants, the Tax Department should review the tax status. Chairman Mathews called for a vote on tax exempt status for the building site Wilmington Chamber of Commerce Foundation. CARRIED UNANIMOUSLY. the MOTION to grant a owned by the Greater Upon vote, the MOTION Adoption of Resolutions in Recognition of Senator Franklin L. Block and Harry. Payne for Years of Service in the N. C. General Assembly Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt resolutions in recognition of Senator Franklin L. Block and Representative Harry Payne for their years of service in the North Carolina General Assembly. The resolutions are to be spread upon the permanent minut~s of the New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. RESOLUTION OF APPRECIATION () WHEREAS, Franklin L. Block has decided not to seek re-election to the North Carolina Senate; and WHEREAS, as an elected official for the past six years, he has devoted his time, energy and talents to serving the citizens of North Carolina, particularly to New Hanover County and Southeastern North Carolina; and WHEREAS, Franklin L. Block has exemplified through his years of service the caliber of public service and good citizenship necessary to provide progressive government for all citizens; and WHEREAS, through this effort, our state are a better place to live, to which he, his friends may look upon with pride and a accomplishment. and county family and sense of NOW, THEREFORE, BE IT HEREBY RESOLVED by the New Hanover County Board of commissioners that deep gratitude and sincere appreciation be expressed to Franklin L. Block for his dedicated leadership and distinguished service to New Hanover County. () BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the permanent minutes of New Ha_nover, duly executed by the Board of County Commissioners, this the 16th day of November. l ~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 1?92 PAGE 209 RESOLUTION OF APPRECIATION WHEREAS, Harry E. Payne, Jr. re-election to the North Representatives; and has decided not to seek Carolina House of . WHEREAS, as an elected official for the past twelve years, he has devoted his time, energy and talents to serving the citizens of North Carolina, particularly to New Hanover County and Southeastern North Carolina; and WHEREAS, Harry E. Payne, Jr. has exemplified through his years of service the caliber of public service and good citizenship necessary to provide progressive government for all citizens; and WHEREAS, through this effort, our state are a better place to live, to which he, his friends may look upon with pride and a accomplishment. and county family and sense of NOW, THEREFORE, BE IT HEREBY RESOLVED by the New Hanover County Board of Commissioners that deep gratitude and sincere appreciation be expressed to HarryE. Payn~ J~ for his dedicated leadership and distinguished service to New Hanover County. . BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the permanent minutes of New Hanover, duly executed by the Board of County Commissioners, this the 16th day of November 1992. Approval of Funding for Statewide Human services Automation System Commissioner Retchin reported on a request by the Human Services Automation Policy and Planning Council for performance of a $1.7 million feasibility study to re-engineer and simplify social services delivery through an improved automation program. Fifty percent of the study will be funded by the federal government, and Secretary Flaherty has committed to $700,000 of state funds from the current fiscal year budget. Counties are being requested to contribute the remaining $150,000 based on their population proportions with New Hanover County's share being $2,724. Commissioner Retchin emphasized the importance of developing an automated program that will enable Departments of Social Services to improve caseworker productivity, minimize staffing increases and provide better management information. The Commissioners were requested to approve the funding request. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to pledge a funding allocation in the amount of $2,724 from the contingencies account for New Hanover County to participate in the Human Services Automation Feasibility Study. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Report on Legislative Goals Approved by the N. C. Association of County Commissioners Board of Directors Commissioner Retchin reported that the N.C. Association of County commissioners District Board has unanimously adopted support of legislation to help counties to promote and accommodate economic development as one of its legislative goals. This goal includes authorization for counties to provide property tax incentive financing of significant new or expanded industry by assessing such investments for taxation at a percentage of the appraised value beginning with 50% of value increasing 10% each year until such assessment reaches 100%. This is an initiative which he sought and he is very pleased that it was adopted as a legislative goal. ~ (~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 19.92 PAGE .2.3...0 . Commissioner Retchin commented on enjoying the past eight years of service on the New Hanover County Board of Commissioners and stated whether he or Chairman Mathews is officially elected at the recount scheduled for November 17, 1992, he has strived to serve the public to the best of his ability. He stated he will not say goodbye since he plans to run for re-election in 1994. BREAK Chairman Mathews recessed the meeting for a break from 11:42 A.M. to 12:00 noon. (:=) EXECUTIVE SESSION Chairman Mathews requested an Executive Session to discuss property acquisition and matters relating to the location or expansion of industry or other businesses in the area served by the public body. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to convene from Regular Session to Executive Session for the purposes as presented by the Chairman. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened to Executive Session at 12:10 P.M. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 1:10 P.M. ADJOURNMENT Motion: commissioner Barfield MOVED, SECONDED by Commissioner Sutton to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 1:12 P. M. n Respectfully submitted, ~V~ Lucie F. Harrell Clerk to the Board n . / " \ ~