1993-05-17 Regular Meeting
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'M~NUTES OF REGULAR MEETING, MAY 17, 1993
PAGE' 478
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, May 17, 1993, 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 0' Neal; County
Attorney; Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend E. J. George gave the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer reported the following agenda items have been
withdrawn or postponed:
1) Item #15, Consideration of Adopting a Resolution Seeking
Regulations to Preserve Atlantic Shoreline Fisheries: This
item was withdrawn until a presentation has been presented by
the N. C. Division of Marine Fisheries.
2) Item #16, Consideration of Conveying the County's Interest
in Drug Confiscated Property in BUlltail, North Carolina, to
the Carolina Emergency Training Academy: This item was
postponed in order to allow the Sheriff ample time to review
this proposal and present his recommendations.
3) Item #19, Presentation by Zoning Enforcement Division of
the Inspections Department: This item was withdrawn by staff.
4) Item #22, Consideration of a Request to Support the
Proposed 1% Prepared Food and Beverage Tax: This item was
withdrawn by the Cape Fear Coast Convention and Visitors
Bureau.
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
No comments were received.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Mathews complimented the Clerk to the Board,
Lucie F. Harrell, for the competent manner in which minutes are
prepared, particularly for the last meeting which began at 6:30
P.M. and was adjourned at 1:00 A.M.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster 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 Joint Work
Session with the Wilmington City Council held on April 27, 1993,
and the minutes of the Regular Meeting of May 3, 1993, as presented
by the Clerk to the Board. '
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 479
Adoption of Resolution Requesting the Addition of Prospect Avenue
to the State Maintained Highway System
The Commissioners adopted a resolution requesting the addition
of Prospect Avenue, located off Greenville Avenue, to the state
Maintained Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 5.
Adoption of Proclamation Declaring May 26, 1993, as GI Nursing Day
The Commissioners adopted a proclamation declaring May 26,
1993, as "GI Nursing Day" in New Hanover County.
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A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 5.
Adoption of Proclamation Declaring May 23-29, 1993, as "Emergency
Medical Services Week" in New Hanover County
The Commissioners adopted a proclamation declaring May 23-29,
1993, as "Emergency Medical Services Week" in New Hanover County.
A copy of the proclamatio~ is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 5.
Acceptance of Tax Collection Reports Through April 30, 1993
The Commissioners accepted the following Tax Collection
Reports through April 30, 1993, as submitted by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXI, Page 5.
Release of Value - Tax Department
The Commissioners released the following listing penalty since
the taxpayer certified he had listed on time in another county:
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John Paul Wanchock, Jr.
$ 12.00
The Commissioners accepted the following value adjustments on
real property because of conditions brought to the attention of the
Tax Department:
Michael Anthony Byrd
Richard R. Ferrar
$ 1,440.00
$11,500.00
The Commissioners released the following vehicle certification
penalty as this was the taxpayer's first offense:
David Martin Stallings
$
100.00
Any information pertaining to the release of values is on file
in the Tax Department.
Approval of Budget Amendment #93-0217 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
93-0217 DSS/Foster Care/Medicaid
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Debit
Credit
DSS/Medicaid
Assistance Payments
$102,500
DSS/Foster Care
AFDC Foster Care
State Foster Care Funds
$ 84,500
$ 16,000
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 480
Budget Amendment (continued)
Debit
Credit
state Foster Homes
IV-E (AFDC) Foster Homes
SFHS/AFDC Supplement
$ 32,000
$101,000
$ 70,000
Purpose: To budget additional federal and state funds for Foster
Care programs, and to transfer Medicaid funds that are anticipated
not to be needed to the Foster Care programs.
Approval of Budget Amendment #93-0209 - Inspections Department
The commissioners approved the following Budget Amendment:
93-0209 Inspections
Debit
Credit
Inspections
Inspection Fees
$12,138
Capital Outlay - Equipment
$12,138
Purpose: To budget greater than anticipated inspection fees to
replace three computer printers that are not working. Due to the
condition of the printers, it is not feasible to repair them.
Approval of Budget Amendment #93-0214 - Health Department
The Commissioners approved the following Budget Amendment:
93-0214 Health Department/Various
Debit
Credit
Health/Rankin Terrace
Federal Grant
$75,900
Health/Administration
Capital Outlay
$17,900
Health/Personal Health
Salaries & Wages
$33,000
Health/Jail
Contracted Services
$25,000
Purpose: To budget unanticipated revenue received from a Rankin
Clinic Community Health Center grant as follows:
Administration/Capital Outlay - for additional
optical imaging machine (microfilming patient
which will accommodate documents that must
specified times based on legal requirements.
storage space and
medical records),
be retained for
Personal Health/Salaries - shortfall in salaries due to less than
anticipated turnover causing the salary lag projection to be over-
estimated; therefore, additional funding is required.
Jail Health/contracted Services - additional funding needed due to
extremely high medical expenses of some inmates (physician and
hospital charges and medicine costs). This account fluctuates
depending on medical needs of the inmates.
Approval of Budget Amendment #93-0215 - Health Department
The Commissioners approved the following Budget Amendment:
93-0215 Health Department/Family Planning
Debit
Credit
Health Department/Family Planning
Family Planning
Departmental Supplies
$4,824
$4,824
Purpose: To budget additional one-time State (Title X) grant funds
to be used to purchase injections of Depo-Provera, a birth control
medication, for Family Planning patients.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 481
Adoption of Resolution for Disposal of panasonic copier as a Trade-
in on Purchase of a New Copier from Pinnacle Business Services -
cooperative Extension Office
The Commissioners adopted a resolution authorizing the Finance
Office to dispose of the Panasonic copier, Model #FP3007, Serial
Number #GHC22312126 as a trade-in on the purchase of a new copier
from pinnacle Business Services for the Cooperative Extension
Office.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 5.
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Adoption of Resolution Enabling New Hanover County to Obtain
Federal Emergency Management Agency (FEMA) Funds
The Commissioners adopted a resolution enabling the County to
receive FEMA funds.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 5.
Approval of Budget Amendment #93-0216 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
93-0216 Social services - Psychological Services and Medicaid
Administration
Debit
Credit
DSS/Administration
DSS Administrative Grant
$ 9,000
DSS Medicaid
Assistance Payments
$ 3,000
DSS Psvcholoqical Services
Evaluations
$12,000
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Purpose: To budget additional state funds received for the
provision of psychological services to children.
Approval of Budget Amendment #93-0206 - Department of Aging
The Commissioners approved the following Budget Amendment:
93-0206 Department of Aging Case Assistant
Debit
Credit
Department of Aqinq Case Assistant
CDBG Grant
$1,702
Department of Aginq Case Assistant
Departmental Supplies
$1,702
Purpose: The Department of Aging has been awarded an additional
$1,702 in CDBG funds for 1992-93 to be used in the Case Assistant
program.
RECOGNITION OF NEW EMPLOYEES
County Manager O'Neal introduced the following new County
employees:
Kathleen Benson
Regina Randall
Anne Gallagher
Vivian Gray
Leopoldo Aguilar
Ross Willman
Anthony Martin
Lyle Johnson
Debra Cunningham
Debra Lloyd
Michele Vieregge
Health Department
Health Department
Health Department
Health Department
Sheriff's Department
Inspections Department
Emergency Medical Services
Emergency Medical Services
Water & Sewer Finance
Social Services
Social Services
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 482
Adelaide Trask
Harriet Page
Lora Howard
Alice Mintz
social Services
social services
Social Services
social Services
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Chairman Greer, on behalf of the Board, welcomed the new
employees and wished them well in their new careers with New
Hanover County.
PRESENTATION OF SERVICE AWARDS
Chairman Greer, on behalf of the Board, presented service
awards to the following County employees for their years of
dedicated service to New Hanover County:
Larry Ray, Emergency Medical Services
Susan Jaindl, Human Resources
Carolyn Johnson, Tax Department
Kellie Daughtry, Health Department
Delisa Lloyd, Health Department
Wilma Daniels, Department of Social Services
Elizabeth Holland, Department of Social Services
5 years
5 years
5 years
5 years
5 years
5 years
5 years
The following County employees were unable to attend. Service
awards will be presented to these employees by the Human Resources
Department.
Rodney Knowles, Sheriff's Department
Linda Bohn, Department of Social Services
5 years
5 years
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PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Chairman Greer, on behalf of the Board, presented to Budget
Director, Cam McAbee, the Distinguished Budget presentation Award
from the Government Finance Officers Association for the Fiscal
Year 1992-93 New Hanover County Budget. This is the second
consecutive year the Budget Department has received this award.
Appreciation was expressed for this outstanding performance by the
Budget Director and staff.
PRESENTATION OF AWARD OF FINANCIAL REPORTING ACHIEVEMENT TO THE
FINANCE DEPARTMENT FOR FISCAL YEAR ENDING JUNE 30, 1992
Chairman Greer, on behalf of the Board, presented the
Certification of Achievement for Excellence in Financial Reporting
Award issued by the Government Finance Officers Association of the
united States and Canada to the Finance Director for the twelfth
consecutive year. This certification of Achievement is for New
Hanover County's Comprehensive Annual Financial Report submitted
for the fiscal year ending June 30, 1992. The award was accepted
by Ellen Wells, the County's Investment & Procurement Officer and
Emily Mack, Accountant I. Appreciation was expressed to the
Finance Director and his staff for this outstanding recognition.
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PRESENTATION OF COUNTY MANAGER'S FISCAL YEAR 1993-94 RECOMMENDED
BUDGET AND PUBLIC HEARING SCHEDULED FOR MAY 24, 1993
County Manager O'Neal read the budget message and presented
the Fiscal Year 1993-94 Recommended Budget with a recommended tax
rate of 61.5 cents, which represents a 2.5 cents tax increase. The
Commissioners were requested to schedule a Public Hearing on May
24, 1993, and adopt the Budget on June 7, 1993.
Budget Director, Cam McAbee, presented the following charts:
General Fund Recommended Revenues 1993-94
Ad Valorem & Other Taxes
Sales Tax
Intergovernmental
Services
Licenses & Permit
Operating Transfers
56.35%
11. 07%
23.36%
6.8%
0.06%
0.3%
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 483
General Fund Recommended Expenditures for FY 1993-94:
Education
Human Services
Public Safety
General Government
Cultural & Recreation
Economic & Physical Development
Transfers
Contingency
24.43%
36.83%
16.5%
11. 93%
3.76%
1. 78%
1. 81%
0.34%
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commissioner Barone and Commissioner Sisson reported there
were items of concern with the proposed budget; however, due to
time constraints, they would address these issues at a later date.
commissioner Sisson recommended holding the Public Hearing to
receive input from the citizenry before discussing the items of
concern.
Consensus: After discussion, it was the consensus of the Board to
hold the Public Hearing on May 24, 1993, at 8:00 P.M. with a sign-
up sheet for agencies wishing to speak and persons being informed
that remarks must be limited to three minutes; and to schedule
another Budget Work Session after receiving public input before
adoption of the budget on June 7, 1993.
A copy of the recommended FY 1993-94 Budget is on file in the
Clerk's Office.
PRESENTATION OF MASTER PLAN FOR OGDEN AND CASTLE HAYNE PARKS
Mr. Mark Baker, representing LS3P, reported during the past
year, LS3P, the firm hired by the County to develop a Master Plan
for the Ogden and Castle Hayne Parks, has gathered data; conducted
programming sessions with the Parks & Recreation Advisory Board;
held public workshops; and obtained surveyed wetlands boundary data
for development of these parks. Although sufficient funds are not
available to fully implement the proposed plan for each park, it
would be prudent to develop a Master Plan to be constructed in
phases as funds become available. The Parks & Recreation Advisory
Board voted unanimously to approve the Master Plan.
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Ms. Lynn Rees-Jones of LS3P presented the Master Plan for the
Castle Hayne and Ogden Parks. The implementation phases were
explained with a total cost estimate of $9.8 million. It was
recommended that the remaining bond funds in the amount of $1
million be used for initial development of both parks.
Deputy County Manager, Mary Gornto, reported on the remaining
bond proceeds not being adequate for development of the parks but
informed the Board that a number of recreational organizations have
indicated a desire to contribute funding and other services to
assist with the development of park facilities. Also, in the
future the County Parks Department will have a crew capable of
constructing some of the facilities, which will save money.
commissioner Barone commented on the circular conf iguration of
the ball fields in the Ogden Park and inquired as to whether the
games will interfere with one another when being played?
Mr. Baker reported the pinwheel concept will provide ample
space for all games to be played without interference. Also, this
design has proven to be quite satisfactory in developing a central
infrastructure. The proposed concept is being used in other parks
throughout the State.
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Discussion was held on the public comments received from
residents of both communities and the desire expressed for
development of picnic facilities and playgrounds. Commissioner
Sisson reported on the rapid growth in the Ogden area and stated no
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 484
facilities are presently available for outdoor social gatherings;
therefore, he is not surprised at this response.
Chairman Greer, on behalf of the Board, complimented the Parks
& Recreation Advisory Board and staff for an excellent job in
development of the Master Plan.
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to accept the proposed Master Plan for the Ogden and Castle
Hayne Parks, and authorize LS3P to proceed with construction
drawings. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Master Plan is on file in the Clerk's Office.
BREAK
Chairman Greer recessed the meeting for a break from 10:20
A.M. until 10:42 A.M.
PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF OLD AVENUE 1,200
FEET SOUTH OF PARMELE ROAD IN CASTLE HAYNE (CONTINUED ITEM FROM MAY
3, 1993)
Chairman Greer opened the continued Public Hearing.
Planning Director, Dexter Hayes, reported negotiations are
underway to provide an al ternati ve easement to Mr. Steven C.
Cahill, an adjacent landowner, whose property would be landlocked
due to closing this portion of Old Avenue. The County is a
candidate for a park grant by the Land and Water Conservation Fund
with one of the criteria being that a dedicated road right-of-way
cannot traverse a park site. Since an alternative route has been
negotiated, the Planning Staff recommends approval of closing 40
feet of this unimproved right-of-way which is 1,450 feet long.
Assistant County Attorney, Kemp Burpeau, reported Mr. Cahill
has agreed to allow closure of Old Avenue contingent upon reserving
and accepting a private easement over the property until Phase I
has been completed at which time a permanent easement will be
located.
Chairman Greer inquired as to whether anyone present would
like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adopt an order closing a portion of Old Avenue as recommended by
the Assistant County Attorney and Planning Director. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 5.
PUBLIC HEARING TO CONSIDER SUBMISSION OF A COMMUNITY REVITALIZATION
GRANT TO THE N. C. DEPARTMENT OF COMMERCE, DIVISION OF COMMUNITY
ASSISTANCE FOR HOUSING REHABILITATION TO THE KIRKLAND COMMUNITY
Staff Planner, Wanda Coston, reported on the Community
Revitalization Application under the Community Development Block
Grant Program. The County is requesting funds to be used for
housing rehabilitation and sewer for residents and landowners of
the Kirkland Community. The $600,000 grant will be used to assist
in the financing of this project along with a County match of up to
$250,000 from the Water and Sewer District Fund.
A Program Area Committee will be established consisting of the
following residents of the Kirkland Community to oversee the
rehabilitation program. Also, it is recommended that a member of
the Planning Board be appointed to serve on the committee if this
is agreeable with the Board of County Commissioners.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 485
Odessa Spicer
Annie Spicer
Don Nixon
Edith Shepherd
Chairman Greer inquired as to how the County match of $250,000
will be budgeted?
Staff Planner Coston reported $250,000 is to be budgeted over
a period of three years from the Water & Sewer District Fund.
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Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: After discussion of Kirkland being a historic area with a
concentrated need for housing rehabilitation and sewer,
Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to
adopt a resolution authorizing the Planning Department to submit a
Community Revitalization Application under the Community
Development Block Grant Program for funds to be used for housing
rehabilitation in the Kirkland Community, and to accept the
recommendation that a member of the Planning Board be appointed to
serve on the Community Program Committee. 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 XXI, Page 5.
UPDATE AND STATUS REPORT ON POTENTIAL ACQUISITION OF CSX RAIL LINE
PROPERTY
Chairman Greer reported on the number of persons concerned
about the acquisition of CSX rail line property and recommended
that a decision be made at this meeting by the Board of County
Commissioners.
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Planning Director, Dexter Hayes, reported this proposal
originated from a national and state effort to preserve railroad
corridors nationwide. Former Senator Franklin Block was very
instrumental in developing the legislation in North Carolina to
reflect the State's efforts to retain an interest in abandoned
railroad lines in North Carolina. The State is now in the process
of acquiring the CSX line between Castle Hayne and Wallace, N. C.,
because this is only rail line between the coast and the Piedmont.
The County has been involved with an effort to acquire an easement
from Kerr Avenue Northeast along Market Street to a point across
from Green Meadows Road. This 2.67 mile corridor, which CSX
proposed to abandon, provides New Hanover County an excellent
opportunity to take advantage of existing federal legislation for
rail-banking and interim trail use. New funds under the Federal
Internodal Surface Transportation Efficiency Act of 1991 have been
allocated for specific non-highway activities, including the
preservation of abandoned railway corridors and the conversion of
these trails for pedestrian and bicycle trails. North Carolina's
allotment for these funds is $97 million.
In summary, emphasis was placed on the need to preserve
railroad corridors for future transportation use and the importance
of this acquisition to New Hanover County for its future growth and
development. There are very few good transportation links in the
County because of the difficulty in acquiring rights-of-way. Use
of this rail corridor as a bike trail would be very beneficial to
the County.
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Attorney Lonnie Williams, representing the property owners
along the rail corridor, reported on the history of the easements
given to the railroad and the manner in which this became the
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~INUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 486
property of CSX Railroad. One reason for abandonment of the
railroad was the hazard involved with crossing Market street, Smith
Creek Parkway, and College Road. Using this rail line for a bike
path would be a safety hazard as well as a matter of concern to
businesses along the path. The acquisition costs will not be
negligible as indicated by the County Manager because CSX cannot
convey an easement as called for in the proposed document. If New
Hanover County does attempt to exercise jurisdiction over this rail
corridor, by reason of an easement, the County will face a number
of condemnation law suits with property owners being entitled to
recei ve compensation. Background information was presented on
federal and state law involved with the taking of this property for
public purpose. If a state or political entity is prepared to
assume full responsibility for management of a right-of-way, any
legal liability incurred becomes the responsibility of that entity.
If New Hanover County acquires the CSX rail property for use as a
bike path, all obligations or costs incurred with this transfer
will become the responsibility of New Hanover County, which could
become costly to the taxpayers. The Commissioners were requested
to oppose the proposed acquisition.
Ms. Camellia Herlevich, a local attorney, representing the
North Carolina Coastal Land Trust, reported on an excellent
opportunity to develop this land into a bike trail that will be
beneficial to all citizens of the County. The N. C. Coastal Land
Trust will be glad to assist the County in resolving some of the
concerns of the citizens, which hopefully will create a good
working relationship among the various segments of the community.
The Commissioners were requested to allow the citizens of the
community to discuss this matter before closing the door to this
opportunity.
Mr. Bob Jamieson reported on an opportunity to establish this
rail line property as a bike trail for an interim use. The new
Transportation Act of 1991 does provide funds to North Carolina for
this type of development with the property under public control as
the main criteria. The Commissioners were requested to allow
further study of the issue before making a decision.
Vice-Chairman Mathews commented on the railway banking system
being an excellent idea but expressed concern for use of the
property as a bike trail, which in his opinion, would not be safe.
Also, it is very doubtful that this rail line would be worthwhile
for future rail use. '
Commissioner sisson reported the City erects signs on bike
trails requiring bikers to stop before crossing a road. The County
could erect signs along this corridor with emphasis placed on the
need to cautiously cross congested areas, such as Market Street.
Certainly, riding a bicycle down Market Street, which is being done
now, is no more dangerous than crossing Market Street. Also, if
the County has to purchase rights-of-way in the future, the cost
will be astronomical. He recommended allowing the citizens to meet
with the N. C. Coastal Land Trust agency to see if concerns can be
resolved before deciding on this matter.
Commissioner Barone commented on being interested in
acquisition of the rail line if the amount of property involved was
larger, and expressed concern for the parties involved not being
able to reach a compromise for such a small amount of property.
Commissioner Caster commented on being an avid jogger and
biker but stated, in his opinion, the trail is too short and the
crossings are too dangerous for the proposed use.
Chairman Greer expressed concern for the liabilities involved
with the rail line acquisition.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 487
Motion: After further discussion, commissioner Barone MOVED,
SECONDED by Vice-Chairman Mathews not to pursue acquiring the rail
line property. The floor was opened for discussion.
commissioner Sisson inquired as to whether the Commissioners
plan to develop future bike trails and recommended in future
development plans, the County should include bike trails.
Chairman Greer commented on the need to find funds in the
amount of $9.8 million to develop the Castle Hayne and Ogden parks
and stated, in his opinion, funds are not available at this time to
develop bike trails.
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Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
APPROVAL OF CONTRACT #93-0333 WITH BMS ARCHITECTS TO PERFORM DESIGN
WORK FOR THE ANIMAL CONTROL FACILITY; APPROVAL OF PROJECT
ORDINANCE; AND APPROVAL OF BUDGET AMENDMENT #93-047
County Manager O'Neal reported on the need for a new Animal
Control Facility and presented a chronological schedule of events
and actions that occurred in the process of hiring an architect to
design the new facility. After months of review, the Animal
Control Facility Task Force and County Staff recommend approval of
a contract with BMS for design of the new facility. Also, the
Commissioners are requested to approve a proj ect Ordinance and
Budget Amendment for establishment of the project and accounting
records.
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The current budget contains $50,000 architectural fees. The
proposed FY 1993-94 Budget contains two quarterly payments for
construction, furnishings and contingency. The $600,000
construction budget contains all built-in cages and cleaning
systems, which are an integral part of this total design. An
additional $10,000 is required for furniture/fixtures and an
additional $60,000 (10% of the proj ect) is required for
contingency.
commissioner Barone agreed with the need for a new Animal
Control Facility but expressed concern for an architectural firm
already being selected. She reported that a local architect could
have performed the design work at a cost of approximately $20,000
to $30,000 less; therefore, would it be possible at this date not
to accept the bid?
County Manager O'Neal reported thirty letters were forwarded
to architects in New Hanover County, the project was advertised,
and four or five letters were forwarded to architects throughout
the state. Four architects were interviewed: (1) BMS Architects,
a local firm; (2) McKim and Creed, a local firm; (3) Boney
Architects, a local firm; and (4) George Smart from Raleigh. The
selection of BMS Architects was based upon their presentation.
Chairman Greer reported the bidding process provided an
opportunity for any local architect to submit a bid and recommended
approval of the contract with BMS Architects as requested by staff.
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Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the contract with BMS Architects in the amount of
$40,000 for architectural fees; authorize the Chairman to execute
the necessary contract documents; approve the Project Ordinance as
presented; and approve the following Budget Amendment. Upon vote,
the MOTION CARRIED AS FOLLOWS:
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 488
Voting Aye: Commissioner Caster
commissioner sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
Budget Amendment #93-047 - Animal Control Shelter capital project
Debit
Credit
Animal Control Shelter Capital Project
Transfer from General
(transfer to Capital Projects)
$50,000
capital Project Expense
(Architect and Engineering)
$50,000
Purpose: To establish Architect and Engineering accounts for the
Animal Control Shelter Capital Project.
A copy of the Project Ordinance is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXI, Page 5.
APPROVAL OF CONTRACT #93-0338 WITH ARCADIAN FERTILIZER L. P. FOR
STEAM PURCHASE - WASTE-TO-ENERGY FACILITY (WTE)
Environmental Management Director, Ray Church, requested
approval of a steam purchase contract for the sale of steam from
the Waste-to-Energy Facility to Arcadian Fertilizer L.P. The
contract is due for renewal and has been re-negotiated with the
following changes:
1) Housekeeping items, such as name change from W. R. Grace
to Arcadian Fertilizer L. P.
2) Term of contract from 5 years to 3 years. Contracts of
three years can be signed by the local plant manager; however,
contracts for longer terms must be forwarded to the corporate
office.
3) The elimination of condensate return from Arcadian.
Previous experience with returned condensate has caused the
Waste-to-Energy Facility problems due to extreme heat and
contamination. The condensate quality does meet the WTE
Facility specifications to be recovered. Arcadian will be
responsible for the disposal of condensate at their facility.
4) Schedule S-l Computation of Bills: The schedule was
modified to allow an "avoided cost" plan based on four
alternative fuels. The new proposal equates to an approximate
9.1% increase in pricing to Arcadian based on #6 fuel oil.
All of the alternative fuels would require substantially
larger increases as well as an increase in steam sale
revenues.
Staff recommends approval of the cqntract with the new payment
schedule beginning June 1, 1993.
Motion: After discussion, Commissioner Barone MOVED, SECONDED by
Commissioner Sisson to approve the steam purchase contract with
Arcadian Fertilizer L. P. as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
Discussion was held on scheduled maintenance as outlined in
the Maintenance Prevention Plan. Director Church reported the
facility was shut down as scheduled and the plant should be back in
operation on Wednesday, May 19, 1993.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 489
Commissioner Barone inquired as to whether the County is
investigating removal of cardboard from the wastestream.
Director Church reported staff is investigating this matter
and will keep the Board informed.
BREAK
Chairman Greer recessed the meeting for a break from 11:40
A.M. until 11:50 A.M.
o
DISCUSSION OF STATE NOTIFICATION REGARDING THE DEFICIENCIES OF THE
DEPARTMENT OF SOCIAL SERVICES BUILDING
Director of Social Services, Wayne Morris, reported on State
notification that the Department of Social Services building is not
in compliance with the revised State standards for office space.
A corrective action plan must be submitted by June 17, 1993, in
order to avoid the N. C. Department of Human Resources from
withholding state and federal administrative funds.
The primary deficiencies are offices without privacy and less
than the minimum square footage for interviewing clients and use by
supervisors. There was also some concern indicated about the "open
space" (cubicle) office concept. The State previously found this
concept out of compliance two years ago, but after an appeal, the
findings were reviewed and the facility was not considered
deficient.
The Commissioners were requested to consider the following
options:
1) Appeal the findings.
2) Appoint a committee to develop alternative solutions to
the space problem.
3) Appropriate funds for outposting staff.
()
Vice-Chairman Mathews inquired as to why the State approved
this concept and is now concerned about the open space concept?
Director Morris reported when DSS first moved into the
facility in 1988 a few comments were received pertaining to the
open space concepti however, a new inspector visited the facility
in 1990 and reported the building did not comply to State
standards. Upon receipt of the letter, the Regional Inspector from
Raleigh was invited to spend a day in the building to observe the
open space concept. After a visit by the Regional Inspector, this
concept was considered to be in compliance with State standards.
Since that time, this design has been used in other DSS buildings
throughout the state.
commissioner Sisson inquired as to whether non-office space
can be reworked to relieve the space needs?
Director Morris responded all conference rooms and usable
space have been converted to office use.
commissioner Sisson presented the following options:
()
~- -
1) Implementation of flex time schedule to allow the sharing
of office space and field space. Director Morris reported a
modified flex schedule has been used for ten yearsi however,
many positions cannot be scheduled on flex time.
2) Negotiate with the city to lease old buildings for the
additional space needed on an interim basis. Director Morris
reported he will be glad to work with the CitYi however, with
a majority of persons receiving public assistance from the
housing proj ects, the building must be centrally located
within the community.
.
.
.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 490
3) Consider outposting positions? Director Morris reported
on additional costs for leasing space, telephone lines,
furnishings, electr ici ty , and copiers when outposting
positions.
County Manager O'Neal reported that outposting positions
creates a more costly method of operation wi th divisions of
departments being separated in different buildings as well as the
need for more equipment. An option to consider is to appoint a
committee to submit alternative solutions for resolving the space
problem with the membership composed of the DSS Director, a County
Commissioner, a member of the DSS Board, the Deputy County Manager,
and the County's Internal Auditor.
Motion: After further discussion, commissioner Barone MOVED,
SECONDED by Commissioner Sisson to appoint a DSS Study Committee to
consider alternatives and current space needs for the DSS Building.
A report is to be received within 90 days and the Committee is to
be composed of the following persons: (1) the DSS Director, (2) a
DSS Board Member; (3) a County Commissioner; (4) the Deputy County
Manager; and (5) the County's Internal Auditor. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Consensus: It was the consensus of the Board to appoint a County
Commissioner to serve on the DSS Study Committee at the regular
meeting scheduled for June 7, 1993.
APPROVAL OF TWO SOCIAL WORKER II POSITIONS IN THE CHILD SERVICES
COORDINATION PROGRAM - HEALTH DEPARTMENT
Director of Health, Robert S. Parker, reported on the need to
hire two Social Worker II positions in the Health Department to
handle the caseloads in the Child Services Coordination Program.
The positions will be totally self-supporting through revenues
earned from Medicaid, and salaries will be paid by lapsed salary
funds in that program's budget. Emphasis was placed on the need to
provide services to the number of at-risk children that are being
born with many functional disabilities and medical problems due to
the use of drugs. These children, as well as parents, are
desperately in need of services, and the Health Department is
trying to perform early diagnosis of developmental and medical
problems in order to prevent future medical and mental problems.
Prevention is the only way to serve these at-risk children.
Currently, there are 27 children in need of services and approval
of the two Social Worker II positions will allow these children to
be served.
Chairman Greer explained he could not support the new
positions because he feels the Health Department should not be
performing social work.
Commissioner Barone objected to the practice of hiring Social
Workers in the Health Department and recommended seeking another
alternative to provide services to these at-risk children.
Vice-Chairman Mathews inquired as to the Medicaid match on the
total program.
Health Director Parker reported the match will be 5% of
$250,000, which is approximately $12,500.
Commissioner Sisson reported, as a health care provider,
programs that keep children out of specialty care save thousands of
dollars. Early diagnosis of problems allows for the prevention of
future medical problems.
Chairman Greer inquired as to whether he should vote on this
issue since he serves on the Board of Health. It was the consensus
of the Board that Chairman Greer does not have a conflict and
should vote.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 491
Motion: commissioner sisson MOVED, SECONDED by Commissioner Caster
to approve the two full time social Worker II positions at the
Health Department. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Chairman Greer
o
DISCUSSION OF THIRD PARTY APPEALS AT THE ADMINISTRATIVE LEVEL ON
ISSUANCE OF ENVIRONMENTAL PERMITS
City Attorney, Tom Pollard, reported when the State of North
Carolina makes a decision concerning the issuance or denial of
permits for discharges to the surface waters of the State, there
are two methods or procedures for seeking review of the decision.
The method to be used depends upon the status of the person seeking
review. A permit applicant who is dissatisfied with the
Environmental Management Commission's decision relating to a
discharge permit can petition for a contested case hearing in the
Office of Administrative Hearings. In an Office of Administrative
Hearings proceeding, parties have the right to present evidence
concerning the permitting decision. In addition, parties have the
right to cross-examine adverse witnesses and make a discovery
similar to that allowed in a civil court proceeding.
Parties other than permit applicants (i.e., third parties)
have no right to seek review of a permitting decision in Office of
Administrative Hearings. The only method for reviewing the
decision is to file a petition for review in Superior Court. The
review of an agency decision by the Superior Court is more limited
than the review by the Office of Administrative Hearings. The
Superior Court is generally limited to a review of the record
developed by the agency in making the permitting decision. The
Superior Court's determination is restricted to whether or not the
agency's decision is supported by the record and in compliance with
the law. The parties to a jUdicial review proceeding do not have
the right to present evidence, cross-examine witnesses or undertake
discovery.
()
The issue is whether or not those persons who might be
impacted by a proposed wastewater discharge should be allowed to
participate in a full evidentiary hearing in the Office of
Administrative Hearings. Enactment of House Bill 702 would provide
some third-party appeal rights.
Commissioner Sisson commented on the importance of allowing
third-party participation in the permitting process and recommended
adopting a resolution in support of allowing third parties to
participate in the development of administrative record on issuance
of environmental permits. This would afford the County an
opportunity to have input into issues that could negatively impact
the County.
Motion: Commissioner Sisson MOVED to adopt a resolution in support
of allowing third parties to participate in the development of
administrative record relating to issuance of environmental
permits. The floor was opened for discussion.
()
commissioner Caster expressed concern for allowing everyone to
become involved in the appeals process.
commissioner Sisson reported a few people will abuse the
system; however, under the current law the third party is excluded
from cross-examining persons to see if the information is correct.
Chairman Greer called for a SECOND ON THE MOTION. THE MOTION
FAILED DUE TO NOT RECEIVING A SECOND.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 492
Chairman Greer, on behalf of the Board, expressed appreciation
to City Attorney, Tom Pollard, for the informative presentation.
.
CONSIDERATION OF RESOLUTION FORMAT FOR AGENDA ITEMS
Commissioner sisson reported on the need to streamline the
decision making process and reduce the volume of information
contained in agenda packets. Due to the amount of information
being received, it is difficult to focus on the primary issue with
the volume of reading material presented. The City of Wilmington
uses a resolution format to guide them in making decisions and this
procedure seems to work well. Even though the County Manager is
not in favor of this idea, he feels this matter should be
discussed.
Chairman Greer recommended an agenda format based on a
combination of the present manner in which agenda items are
prepared and use of resolutions when appropriate.
County Manager O'Neal expressed concern for creating a
resolution on issues before actual action is taken. Preparing
resolutions is time consuming and would create difficulty in
complying to the agenda deadline. Also, the new format presented
at the last meeting was an attempt to capsulize the item so that
attention would be focused on the primary issue. Hopefully, this
new form will cut back on the volume of paper and at the same time
provide a brief accurate description of the action being requested.
Municipalities are more involved with public work activities;
therefore, resolutions are more appropriate.
.
Motion: After further discussion, Commissioner Barone MOVED,
SECONDED by Vice-Chairman Mathews to allow the County Manager to
determine how agenda items should be presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
LUNCH
Chairman Greer recessed the meeting for lunch from 1:15 P.M.
until 1:45 P.M.
CONSIDERATION OF LEGISLATIVE ISSUES
Legislation Pertaining to Increase in State Aid to Libraries
County Manager O'Neal reported on HB 530 and SB 534 to
increase State Aid to Libraries by $1,000,000. Library Director,
David Paynter, has requested support of these bills.
Deputy County Manager, Mary Gornto, reported one portion of
funds would supplement the current State aid received by counties
and cities, and the other portion of funds would be used for
construction projects.
Consensus: After discussion, it was the consensus of the Board to
discuss this item at the next Legislative Coordinating Council
meeting scheduled for May 24, 1993.
.
Support of HB 968 - Restriction of Forced Annexations
County Manager O'Neal reported on HB 968 to restrict forced
annexations and stated the bill would require voter approval before
areas can be annexed.
Consensus: It was the consensus of the Board to support HB 968.
Discussion of Bill Pertaining to Emergency Medical Services (EMS)
Deputy County Manager, Mary Gornto, reported on bills
introduced relati ve to ambulance transportation costs paid by
nursing homes. The Commissioners supported the proposed
legislation which would have required nursing homes to pay for EMS
services. However, this bill is not moving as anticipated and rest
homes have been included in the legislation. This does present a
problem since nursing homes are provided funding for ambulance
services and rest homes are not. Once more information is
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 493-
received, the Commissioners will be provided the latest amendments
to the bill, at which time, the Board can ascertain if they wish to
support the legislation.
Discussion of HB 263 for Centralization of State Motor Fleet into
One Centralized System
Deputy County Manager, Mary Gornto, reported HB 263 is a
proposal for the state to centralize its motor fleet operation into
one centralized system. If this bill is enacted, the County will
be required to pay more for the services rendered by the N. C.
Forestry Service. The current contract with the Forestry Service
is based upon the cost of the vehicles and number of personnel
stationed in New Hanover County. Due to an increase to the
Forestry Service, this cost would be passed to the County. The
Commissioners were requested to go on record requesting an
amendment to the proposed legislation for exclusion of the N. C.
Forestry Service.
()
Consensus: After discussion, it was the consensus of the Board to
support amending the proposed legislation to exclude the N. C.
Forestry Service from HB 263.
COMMITTEE APPOINTMENTS
APPOINTMENTS TO THE CAPE FEAR COAST CONVENTION & VISITORS BUREAU
Commissioner Barone reported Kure Beach Councilman, Kip
Darling, has withdrawn his name and does not wish to be considered
for the Lodging representative vacancy.
Chairman Greer reported three vacancies exist on the
Convention & Visitors Bureau as follows:
1 At-Large Member
1 Lodging Representative
1 Market, Advertising & Public Relations Member
()
Five applications have been received for the At-large vacancy,
and Bob Jenkins is eligible and desires reappointment.
Chairman Greer opened the floor to receive nominations.
commissioner Barone nominated Nancy Bedford to serve as the
At-large representative. The nomination was seconded by Vice-
Chairman Mathews.
commissioner Sisson recommended reappointment of Bob Jenkins
as the At-large representative.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Chairman Greer called for a vote on the appointment of Nancy
Bedford to serve a three-year term as the At-large representative
on the Convention & Visitors Bureau. The term is to expire May 31,
1996. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
()
Voting Nay: Commissioner Sisson
Chairman Greer reported two applications have been received in
the Lodging category with Jay Kapner eligible for reappointment;
however, since Kip Darling has withdrawn his application, would the
Board be in favor of reappointing Jay Kapner?
Consensus: It was the consensus of the Board to reappoint Jay
Kapner to serve a three-year term on the Convention & Visitors
"IIlI1
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 494
Bureau to expire May 31, 1996.
UNANIMOUSLY.
Upon vote, the MOTION CARRIED
.
Chairman Greer reported the Marketing, Advertising and Public
Relations representative is an appointment that is alternated
between the City and County. It is now the County's turn to
appoint a person to fill the category. Two applications have been
received with Ralph Godwin eligible for reappointment.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to reappoint Ralph Godwin to serve a three-year term on the
Convention & Visitors Bureau as the Marketing, Advertising and
Public Relations representative. The term is to expire May 31,
1996. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENTS TO NEW HANOVER COMMISSION FOR WOMEN
Chairman Greer reported six vacancies exist on the Commission
for Women. Eight applications have been received and four persons
are eligible and desire reappointment: Doris J. Boone; Carolyn
Brown; Brenda B. Junious; and Aida Toplin.
Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
reappoint Doris J. Boone; Carolyn Brown; Brenda B. Junious; and
Aida Toplin to serve three-year terms on the New Hanover Commission
for Women with the terms expiring May 31, 1995. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
.
Voting Nay: Commissioner Barone
Commissioner Caster
Chairman Greer opened the floor to receive nominations for the
remaining vacancies.
commissioner Sisson nominated Helena Lee.
Commissioner Barone nominated Margaret S. Best and Judith P.
Moore. The nomination was SECONDED by Commissioner Caster.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Upon vote, Margaret S. Best and Judith P. Moore were
appointed to serve three-year terms on the Commission for Women
with the terms expiring May 31, 1995. The MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
.
POSTPONEMENT OF APPOINTMENT TO THE BOARD OF FIRE COMMISSIONERS
Commissioner Sisson requested postponement of an appointment
to the Board of Fire Commissioners until the By-laws have been more
clearly defined.
Consensus: It was the consensus of the Board to postpone filling
the vacancy on the Board of Fire Commissioners as requested by
Commissioner Sisson.
REAPPOINTMENT OF JAMES E. MOORE TO SERVE ON THE INSURANCE ADVISORY
COMMITTEE
Chairman Greer reported
Insurance Advisory Committee.
however, Mr. James E. Moore is
that one vacancy exists on the
No applications were received;
willing to serve a third term.
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MINUTES OF REGULAR MEETING, MAY 17, 1993
PAGE 4'9:5
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to reappoint Mr. James E. Moore to serye another three-year
term on the Insurance Advisory Committee. The term will expire
June 8, 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF SYLVIA ROUNTREE TO SERVE ON THE NEW HANOVER REGIONAL
MEDICAL CENTER BOARD OF TRUSTEES
Chairman Greer reported one vacancy exists on the Hospital
Board of Trustees to fill the unexpired term of George Diab.
Fifteen applications have been received.
o
Chairman Greer opened the floor to receive nominations.
Vice-Chairman Mathews nominated Sylvia Rountree. The
nomination was SECONDED by Commissioner Caster.
commissioner Sisson nominated Cheri H. Allen and emphasized
the importance of appointing an average citizen to fill the vacancy
on the Hospital Board of Trustees in order to provide at-large
representation.
Vote: Chairman Greer called for a vote to appoint Sylvia Rountree
to fill the unexpired term of George Diab. The term is to expire
September 30, 1995. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
MEETING RECONVENED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a meeting of the Water &
Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
Chairman Greer convened from Regular Session at 2:04 P.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session.
Chairman Greer reconvened to Regular Session at 2:19 P.M.
EXECUTIVE SESSION
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene to Executive Session to discuss a property matter. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 2:12 P.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session.
Chairman Greer reconvened to Regular Session at 2:45 P.M.
()
ADJOURNMENT
Chairman Greer adjourned the meeting at 2:46 P.M.
Respectfully submitted,
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Clerk to the Board
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