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1993-06-21 Regular Meeting ~ M~NUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 534 '. ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 21, 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 O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Jerry Nordsiek, Associate Pastor of st. Matthew's Lutheran Church, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS 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 list~d on the Consent Agenda. No items or remarks were received. . APPROVAL OF CONSENT AGENDA Commissioner Barone requested the County Attorney to comment on Consent Agenda #10 since there is a lawsuit involved with this matter. County Attorney Copley reported the County has been sued by residents of Porters Neck alleging that the fire station will detrimentally effect their property values; therefore, if a judge should rule in favor of the residents, and the Ogden Volunteer Fire Department had already expended the funds, the County would suffer a loss of $60,000. The Commissioners were requested to defer approval of the funds to purchase the land until the lawsuit has bgen resolved. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the Consent Agenda items presented with removal of Consent Agenda Item #10 until a decision is rendered in the pending law suit. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meetings of May 17, 1993, and June 7, 1993, as presented by the Clerk to the Board. . Adoption of Proclamation Declaring July 4-10, 1993, as Hurricane Awareness Week in New Hanover County The Commissioners adopted a proclamation declaring the week of July 4-10, 1993, as "Hurricane Awareness Week" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit XXI, Page 10. Authorization for New Hanover County Health Department to Apply for Immunization Mini-Grant, Entitled "Winning Shots" The Commissioners authorized the Health Department to apply for the immunization mini-grant, "Winning Shots" from the State Immunization Branch of Communicable Disease Section. The project will hire one full-time medical office assistant to establish ~ /---- ;' I I \ I I ~ ~INUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 535 tracking of all children from 0 to 2 years of age and conduct follow-ups on delinquent immunizations. No County revenue is requested; however, if the grant is not renewed, the full-time medical office assistant position will be terminated. Approval of Change in Ownership of Medical Transportation Specialists, Inc. The Commissioners approved the change in ownership of Medical Transportation Specialists, Inc. in compliance with the terms of the franchise agreement. The County must be assured the holder of the franchise is solvent and capable of meeting the franchise requirements. In this instance, the sons of the owner acquired Medical Transportation specialists, Inc. and continue to operate the business. The Legal Department does not feel the County should pursue a new franchise application. Staff was authorized to continue with the current franchise agreement which will expire in September, 1997. () Adoption of Resolution Authorizing the Conveyance of Jointly Owned city/county Property (Tax Parcel 048-18-003-005.99) to Habitat for Humanity The Commissioners adopted a resolution authorizing conveyance of jointly owned City/County property located at 208 North 10th Street, Wilmington, N. C. to Habitat for Humanity. The transfer will allow for a qualified individual to gain home ownership and return the property to the tax rolls. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 10. Reappointment of Teresa Goldston to the Nursing Home Advisory Committee The Commissioners reappointed Teresa Goldston to serve on the Nursing Home Advisory Committee as recommended by the Administrators of Nursing Homes. The term is to expire June 1, 1996. () Adoption of Resolution Requesting the Addition of Old Avenue to the N. C. state Maintained Secondary Road System The Commissioners adopted a resolution requesting the addition of Old Avenue in Castle Hayne to the State Secondary Road System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XXI, Page 10. Approval of Budget Amendment 93-0240 - Finance Department The Commissioners approved the following Budget Amendment: 93-0240 - Finance Credit Debit Finance Penalty & Interest Fees $9,000 Postage Expense Printing Expense $5,000 $4,000 Purpose: To budget greater than anticipated penalty and interest fees for additional postage and printing expenses incurred with an increase in EMS mailers and the reprint of mailers prior to the new fiscal year. () Approval of Budget Amendment #93-0243 - Health Department The Commissioners approved the following Budget Amendment: 93-0243 Health/Administration Debit Credit Health/Administration Installment Loan Proceeds $161,000 capital Outlay - Equipment $161,000 ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 536 Purpose: To record purchase of telephone system for the Health Department through the installment purchase process (for accounting purposes only). Approval of Budget Amendment #93-0246 community Based Alternatives The Commissioners approved the following Budget Amendment: -. 93-0246 - community Based Alternatives Debit Credit Community Based Alternatives CBA Grants $1,207 Alternatives to Detention $1,207 Purpose: To budget additional revenues and expenditures for the Alternatives to Detention Program. No County funds are required. Adoption of Resolution Awarding Bid #93-0340 (Contract #93-0340) to Interior Management, Inc. for Purchase of Open Plan Office System for the Health Department The Commissioners adopted a resolution awarding the lowest responsible bid to Interior Management, Inc. for the purchase of an Open Plan Office System for the Health Department. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 10. A copy of the contract is on file in the Legal Department. . Release of Values - Tax Department The Commissioners released the following listing penalty as the taxpayer certified he had listed on time in another county: Richard K. Ferrar $ 21. 65 The Commissioners released the following vehicle certification penalty since this was the taxpayer's first offense: Lawrence Davis Alderson $100.00 Acceptance of Tax Collection Reports Department The Commissioners Reports through May 31, Revenue: Through May 31, 1993 - Tax accepted the following Tax Collection 1993, as submitted by the Collector of 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 10. . Approval of Emergency Management Mutual Aid Agreement (Contract #93-0373) Between New Hanover County and the Cape Fear Chapter of the American Red Cross The Commissioners renewed the Mutual Aid Agreement between New Hanover County and the Cape Fear Chapter of the American Red Cross. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Emergency Management Mutual Aid Agreement (Contract #93-0372) with the city of Wilmington, New Hanover County and the Towns of wrightsville Beach, Carolina Beach, and Kure Beach The Commissioners renewed the Mutual Aid Agreement with the City of Wilmington, New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach for emergency management and disaster assistance. The Chairman was authorized to execute the contract documents. j /~ I i MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 537 A copy of the contract is on file in the Legal Department. Release of Impact Fees to the Seagate Volunteer Fire Department The Commissioners authorized the release of impact fees in the amount of $2,777.32 to the Seagate Volunteer Fire Department. This request was approved by the Board of Fire Commissioners. Release of Impact Fees to the wrightsboro Volunteer Fire Department The Commissioners authorized the release of impact fees in the amount of $6,071.68 to the Wrightsboro Volunteer Fire Department. This request was approved by the Board of Fire Commissioners. () CONSIDERATION OF PROPOSAL FOR VETERANS SERVICES TO BE PROVIDED BY THE CAPE FEAR CHAPTER OF THE AMERICAN RED CROSS County Manager O'Neal reported on the proposal presented by the Cape Fear Chapter of the American Red Cross and outlined the following provisions: 1) The Cape Fear Chapter of the American Red Cross will enter into a working relationship with New Hanover County provided that New Hanover County will fund the position of the Director of Service to Military Families and Veterans Affairs. Funding for this position shall be $20,000 per year, to include salary, benefits and operating expenses within the department. 2) Funding for this position would be guaranteed for a period of three (3) years with an annual review relating to service delivery; work performance; additional staffing needs, if any; equipment needs; and yearly merit pay increases. Any potential change must have 365 days notice due to the Chapter's budgetary process and funding schedules. 3) Funding of this position would begin July 1, 1993, and payments for the funding would be in quarterly payments to the Cape Fear Chapter of the American Red Cross. () 4) The Director of the Services to Military Families Department is already in place, and there would be no change in personnel, based on satisfactory job performance and service delivery. This position would be jointly supervised by the Chapter Manager, Cape Fear Chapter of the American Red Cross, and the District Officer of the N. C. Division of Veterans Affairs. Input from both supervisors would be available at the time of the annual review. 5) The Cape Fear Chapter will provide 24-hour/7 day-a-week coverage for all emergency situations that may arise, as under the Red Cross Charter and all other service delivery would be addressed during regular business hours from 8:30 A.M. until 5:00 P.M., Monday through Friday. The office would be located at the Cape Fear Chapter, 1102 South 16th Street, Wilmington, N. C. 6) New Hanover County would provide one-time start-up funds ln an amount not to exceed $3,000 to purchase office equipment and supplies for administering veterans affairs. The funds would be used to pay for a computer with word processing capability, a printer, and 4-drawer locking file to secure confidential records. The Cape Fear Chapter would provide space, desk, chairs and other office furniture plus telephones, FAX, and beepers for both regular and Chapter-paid after-hours workers. n '- County Manager O'Neal recommended entering into an agreement with the Red Cross Chapter to provide services to the veterans. Mr. Tom Townsend, Secretary of New Hanover County Veterans' Council, presented the following items: l >" ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 538 1} Appreciation for past funding and the current $20,000 funding appropriation in FY 1993-94 for hiring of a Veterans Services Officer. 2} The need for a proposal that will ensure New Hanover County Veterans receive the services deserved. . 3} Opposi tion to using the Red Cross as the agency to administer veteran services. The Veterans' Council believes that the Veterans Services Officer should be an employee of New Hanover County; however, since this is not possible, the Council requests consideration of allowing the County to contract with the Veterans' Council for the provision of these services. Discussion was held on how the Veterans' Council would be able to provide these services. Mr. Townsend reported the Veterans' Council can provide these services with County funding of $25,000 plus the $2,000 grant received from the State. with $27,000, a Veterans Services Officer can be hired for the administration of services. Commissioner Sisson reported on insurance and audit costs involved with independent contractors providing services to the County and inquired as to whether these costs have been considered, and will the services be rendered 24 hours per day as proposed by the Red Cross? Mr. Townsend reported the Veterans' Council already provides 24-hour service and that additional insurance and audit costs will not be a problem. . Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to contract with the Veterans' Council for the administration of services to County Veterans in the amount of $25,000 with the State allocation of $2,000 being transferred to the Veterans' Council. This represents a funding increase of $5,000. The floor was opened for discussion. Commissioner Sisson expressed the following concerns: (1) no explanation as to why the veterans are not willing to work with the Red Cross; {2} the probability of this funding request increasing each year; and {3} opposition to a proposal from the Red Cross Chapter that should provide a higher level of services more efficiently to County Veterans. The Red Cross Director was encouraged to resubmit this proposal if the Veterans' Council is not successful in administering these services. Mr. Townsend reported he served as a member of the Red Cross Committee involved with veterans affairs for five years. In his opinion, this agency is not the appropriate organization to administer services to local veterans. He stressed the importance of everyone understanding that he and the Veterans' Council are not complaining about the many beneficial services rendered to the community by the Red Cross, but simply do not feel this is the appropriate agency to handle veterans affairs. . Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Jo Ann Frazier, Manager of the Red Cross Chapter, for the time and effort given to prepare the proposal. CONSIDERATION OF MID-TERM TAX REAPPRAISAL County Manager O'Neal presented background information on the past tax reappraisal and complimented the Tax Department for an excellent job. The cost of a mid-term tax reappraisal is fairly minimal considering the activities and scope of the reappraisal project compared to the fee that would be charged by a private firm or independent contractor. ~ ~. ( l ~INUTES OF REGULAR MEETING1 JUNE 21, 1993 PAGE 539 The following cost projections were presented: EXPENSE 93/94 94/95 95/96 Equipment Public Relations Supplies & Forms Auto Expense Extra Phones Clerical Support* Staff Training $ 15,000 5,000 8,000 2,000 $ 16,800 2,000 4,500 45,000 () $ 9,000 12,000 60,000 12,000 Total Cost $21,000 $102,000 $ 68,300 $191,300 Cumulative Cost $21,000 $123,000 * Clerical Support Provided as: FY 93 FY 94 FY 95 2 Clerks for 4 months 4 Clerks for 12 months 4 Clerks for 9 months Costs for the reappraisal project during Fiscal FY 1993-94 are very small; however, these costs increase to $102,000 by FY 1994-95 with a decrease to $68,300 in FY 1995-96. The total cost is estimated to be $191,300. While this is a large sum of money, the rate charged for reappraisal by a commercial firm would be approximately $1,400,000. The following concerns were presented: 1) Additional Workload: The reappraisal task significantly increases the workload in the Tax Department. The extra tasks must be completed in addition to the normal daily workload of the department. This is the most diff icul t obstacle in completing a reappraisal. () 2) Dual System Maintenance: The Tax Department must maintain two systems of data for approximately 18 months during the transition from an old set of property values to a new set of values. This means there is dual work to be done by the staff for most of the time period since all new data must be entered into both systems. ., The amount of effort required to complete a reappraisal cycle is significant. If the decision to complete a mid-term reappraisal was made today, the effective date of the new values that arise from this decision would be January 1, 1996. The first tax bills would be mailed to the public in August 1996. Chairman Greer inquired as to when the next tax reappraisal is required by the General Statutes? Tax Administrator Register reported the next tax reappraisal will have to be performed in 1999. A mid-term reappraisal will be on a 5-year cycle effective January 1, 1996. Due to software changes from two systems to one system, two full years will be needed to accomplish this reappraisal. In his opinion, tax reappraisals should be conducted every four years to provide a more equitable system. () Chairman Greer recommended delaying the reappraisal for another year, which would be a 6-year cycle. This would allow the Tax Department to completely revert to its new software system and include this item in the budget for FY 1994-95. Vice-Chairman Mathews reported on being in favor of the mid- term reappraisal, which would be a 5-year cycle, and emphasized the importance of fairly charging property owners the market value of their properties. The Tax Department was complimented for the . . . ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 540 professional manner in which the 1991 reappraisal was administered and the courteous manner in which the public was treated when requesting answers to questions about the revaluation. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to proceed with a mid-term tax reappraisal as of January 1, 1996. Substitute Motion: Commissioner Barone MADE A SUBSTITUTE MOTION, SECONDED by Chairman Greer to delay the tax reappraisal until next year, which will be a 6-year cycle as of January 1, 1997. The floor was opened for discussion. Commissioner Sisson reported on the need to reappraise property to the market value in order to more fairly tax property owners. Upon vote, the SUBSTITUTE MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews RECONSIDERATION OF REQUEST FOR TWO (2) FULL-TIME SOCIAL WORKER II POSITIONS IN THE CHILD SERVICE COORDINATION PROGRAM Chairman Greer reported on May 17, 1993, the Board voted 3-2 to authorize the Health Department to hire two full-time Social Worker II positions in the Child Service Coordination Program. commissioner Barone requested tqat Item #8 be placed on the agenda for reconsideration of this action. commissioner Barone stated in an effort to provide necessary services to our at-risk children, and at the same time ensure that a duplication of services does not occur, she strongly feels that the Board should reconsider action taken for the hiring of two (2) Social Worker II positions at the Health Department. We are all aware of the need to help our at-risk children, but is it in the best interest of the County to begin the practice of hiring Social Workers in the Health Department. We are also aware of the fact that prevention is money well spent; however, in order to avoid a duplication of services, an alternative to consider is utilizing DSS Social Workers to provide the counseling services at the Health Department. It is felt that this type of an arrangement can be worked out to the satisfaction of all parties involved. As a matter of information, when the Board of Health was trying to decide on this issue, a speaker from the N. C. Department of Environment, Health, & Natural Resources discussed the Child Service Coordination Program, but no facts were presented showing that the programs are being tracked to see if long-term benefits are being derived. We are just not sure if the money is being spent wisely in this program. Any consideration given to finding another alternative for the provision of these services would be in the best interest of the County. Motion: Commissioner Barone MOVED to request the Administrators of the Health Department and Department of Social Services to meet to see if an agreement can be reached for the provision of these services by DSS Social Workers, or if another alternative can be found to provide services to our at-risk children. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. The Board action adopted on May 17, 1993, authorizing the Health Department to hire two full-time Social Worker II positions remains unchanged. Commissioner Sisson reported a member of the Board of Health, after a majority vote by that board, independently contacted the ~ /- / ( , MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 541 County's Human Resources Director and attempted to convince him not to bring this action before the County's Management Team. Grave concern was expressed for this type of interference in the operation of County government by any member of a County appointed board. It was recommended to develop a policy specifically stating that conduct of this type will not be tolerated by any member of an appointed board and that action of this type will be grounds for dismissal. Chairman Greer agreed and stated no member of a County appointed board should interfere with the daily operation of County government in this manner. The County Manager is hired to oversee the government and render decisions of this type; however, it would be difficult to establish guidelines for the conduct of individuals. () commissioner Barone recommended allowing the Board of Health to resolve this matter. Assistant Health Director, Lynda Smith, reported the Chairman of the Board of Health is present, and will present this matter to the Board of Health. CONSIDERATION OF SCHEDULING A PUBLIC HEARING FOR THE CAMA LAND USE PLAN Assistant Planning Director, Patrick Lowe, reported the draft 1991 Wilmington-New Hanover County Land Use Plan Update is ready for consideration by the Board of County Commissioners and the Wilmington City Council. The proposed plan represents the joint recommendations of the County and city Planning Boards as adopted on August 26, 1992, after extensive review and public hearings held throughout the community. The State has completed its review and comments and is waiting for approval of a final document in order for the plan to be considered by the Coastal Resources Commission. () The County Planning Staff has met with the city Planning Staff to select a convenient date, and tpe weeks of August 9-13 and 23- 27, 1993, are the first dates available that will meet the 3D-day notice requirement. Additional public hearings can be scheduled as needed after the initial hearing. Also, Work Sessions can be scheduled as deemed appropriate. The Commissioners were requested to select a date for holding a joint City/County Public Hearing. Chairman Greer recommended holding a Work Session after the public hearing in order to respond to concerns of the citizens. County Manager O'Neal recommended holding a Work Session before and after the Public Hearing in order for the Commissioners to address their concerns. commissioner Sisson reported on the need to establish a deadline for adoption of the plan and recommended adoption of the final plan by the end of September. Consensus: It was the consensus of the Board to select the week of August 23-27, 1993, for scheduling of the joint City/County Public Hearing. Once a date has been established for holding the Public Hearing, a Work Session will be scheduled prior to the Public Hearing and another Work Session scheduled after the Public Hearing. The plan is to be adopted by September 30, 1993. () BREAK Chairman called a break from 9:57 A.M. until 10:10 A.M. DONATION RECEIVED FOR DEVELOPMENT OF THE URBAN PARK Chairman Greer, on behalf of the Board, recognized Mr. Alton Wood, Chairman of the Board of Directors of Carolina savings Bank; ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 542 Bill Rose President of Carolina Savings Bank; John Lancaster, City , .. Executive for Branch Bank & Trust; and Rlp Howard, Reglonal President of Branch Bank & Trust. . Mr. Wood announced that Carolina Savings Bank and BB&T have been a part of the community for many years. Together they represent a successful merger of the two banks and desire to return something of value to the community. Since the acquisition of the property at 3rd & Chestnut Streets, Carolina Savings Bank has envisioned completion of this intersection. Three corners are now very attractively developed and in an effort to assist with the development of the fourth corner, Carolina Savings Bank and BB&T are pleased to donate a check in the amount of $100,000 to be used for development of the Urban Park. Chairman Greer, on behalf of the Board, graciously accepted the donation and expressed appreciation for this contribution to the community. Deputy County Manager, Mary Gornto, recognized the following members of the Urban Park Advisory Committee and expressed appreciation for their hard work and efforts during the past two years. This donation will allow the Urban Park to be completed by the 1994 N. C. Azalea Festival. Ms. Jean Fountain Mr. David Paynter Mr. Ernie Williams Ms. Karen Williamson MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT . Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a Regular Meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 10:15 A.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to reconvene to Regular Session. Chairman Greer reconvened to Regular Session at 10:31 A.M. CONSIDERATIO~ OF CONTRACTS FOR ~HE VOLUNTEER FIRE DEPARTMENTS County Manager O'Neal reported the extended contract is to provide a GO-day extension of the current contract to the Volunteer Fire Departments for the purpose of allowing the fire departments to review the newly proposed contract and provide funding for the first two months of FY 1993-94 until the new contract is approved by the Board of County Commissioners. . Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the extended contract to provide a GO-day extension of the current contract to the Volunteer Fire Departments. The terms and conditions of the current contract shall remain in full force and effect during this period of time. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. Assistant County Attorney, Kemp Burpeau, reported the proposed contract covers three areas: accounting, trust property; and donations. The following changes were presented: Section 6.1 - Accounting: Each Volunteer Fire Department shall utilize such personal computer software as required by the County for documenting all transactions. said Volunteer Fire Department shall submit a quarterly report on a disk ~ I I I I I I I MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 543 within forty-five (45) days of receipt of the County's quarterly payment. section 21 - Trust Properties: Any assets that are purchased after July 1, 1993, with utilization of County Fire District taxes will require establishment of a trust arrangement. Even though the property will be titled in the name of the Volunteer Fire Department, it will be held in trust. If the Volunteer Fire Department ceases to operate under a County contract, the property would then revert back to the Board of Fire Commissioners with that Commission redistributing the property within the County Fire District. () section 22 Donation Approval: Any donation, grant, or matching fund from non-county sources to a Volunteer Fire Department greater than $5,000 in value must be approved by the Board of Fire Commissioners subject to final ratification by the Board of County Commissioners. Assistant County Attorney Burpeau presented performance requirements and recommended inclusion of these requirements in the proposed contract. After discussion of the performance requirements, it was agreed to include the following section in the proposed contract: Performance Requirements: The Volunteer Fire Department shall adhere to the response criterion set forth by the N. C. Department of Insurance and associated rating criteria. Further performance standards may be required by the Board of Fire Commissioners and the Department of Emergency Management. Motion: After further discussion, commissioner Barone MOVED, SECONDED by Commissioner Caster to include the performance requirements in the proposed contract as discussed. Upon vote, the MOTION CARRIED UNANIMOUSLY. () County Attorney Copley reported the 60-day extension will allow the attorney representing the Volunteer Fire Departments ample time to review and present alternative recommendations from the Volunteer Fire Departments. The Legal Department will meet wi th the attorney and try to resolve issues of concern. The proposed contract will be amended as presented and placed on the agenda for discussion and final approval by the Board of County Commissioners at a later date. commissioner Barone inquired as to whether a fire occurred at the North Volunteer Fire Department last night? Emergency Management Director, Dan Summers, reported a fire did occur behind the building at the North Wilmington Volunteer Fire Department. The building is now under security surveillance by Cape Industries as well as the Sheriff's Department. After visiting the site, there appears to be no structural damage to the building with only heat and paint damage to the exterior of the building. The fire is now under investigation. Director Summers reported many alternatives are being pursued with the North Wilmington Volunteer Department and Cape Industries to resolve the situation that has occurred. Recommendations will be presented to the Commissioners at a later date. () commissioner sisson reported the County Commissioners would like to receive the recommendations as soon as possible in order to determine how this area will be provided fire service. . . . ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 544 COMMITTEE APPOINTMENTS APPOINTMENT OF HOWARD L. ARMISTEAD TO SERVE ON THE ABC BOARD AND APPOINTMENT OF W. ALLEN COBB AS CHAIRMAN FOR THE ENSUING YEAR Chairman Greer reported one vacancy exists on the ABC Board and eight applications have been received. Mr. Carl B. Brown is eligible for reappointment and desires to serve another term. Chairman Greer opened the floor to receive nominations. Vice-Chairman Mathews recommended reappointment of Carl B. Brown. commissioner Caster nominated Howard L. Armistead. The nomination was seconded by Commissioner sisson. There being no other nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Howard L. Armistead to serve on the ABC Board. Upon vote, Dr. Armistead received a majority vote and was appointed to serve a 3- year term to expire June 3D, 1996. APPOINTMENT W. ALLEN COBB TO SERVE AS CHAIRMAN OF THE ABC BOARD FOR THE ENSUING YEAR Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to reappoint W. Allen Cobb to serve as Chairman of the ABC Board for the coming year. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF PAUL E. GREGORY AND SHIRLEY T. MCQUEEN TO SERVE ON THE NEW HANOVER COUNTY AIRPORT AUTHORITY Chairman Greer reported two vacancies exist on the New Hanover County Airport Authority. Twelve applications have been received and two applicants, Paul Gregory and Shirley T. McQueen, are eligible for reappointment and desire to serve another term. Chairman Greer opened the floor to receive nominations. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to reappoint Paul Gregory and Shirley T. McQueen. Substitute Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint Betty W. Ellen and reappoint Paul Gregory. Chairman Greer recommended voting on the nominees separately. Vote: Chairman Greer called for a vote on the appointment of Betty W. Ellen to serve on the Airport Authority. The applicant did not receive a majority vote and was not appointed to serve on the Authority. Vote: Chairman Greer called for a vote on the reappointment of Paul E. Gregory. Upon vote, the MOTION CARRIED UNANIMOUSLY. Paul Gregory was appointed to serve a 4-year term on the Airport Authority with the term expiring July 1, 1997. Vote: Chairman Greer called for a vote on the reappointment of Shirley T. McQueen. Upon vote, the MOTION CARRIED A MAJORITY VOTE. Shirley T. McQueen was reappointed to serve a 4-year term on the Airport Authority with the term expiring July 1, 1997. APPOINTMENT OF STEPHEN H. DAVENPORT TO SERVE ON THE CAPE FEAR COMMUNITY COLLEGE BOARD OF TRUSTEES Chairman Greer reported one vacancy exists on the Cape Fear Community College Board of Trustees. Seven applications have been j ~ I I \ I I I I i I I l MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 545 received and one applicant, Mary Sutton Bell, is eligible for reappointment and desires to serve another term. Chairman Greer opened the floor to receive nominations. commissioner Sisson recommended reappointment of Mary Sutton Bell. Vice-Chairman Mathews nominated Stephen H. Davenport. nomination was SECONDED by Commissioner Barone. The () There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Stephen H. Davenport. Upon vote, the applicant received a majority vote and was appointed to serve a 4-year term on the Cape Fear Community College Board of Trustees with the term expiring June 30, 1997. REAPPOINTMENT OF MOE KOTLER TO SERVE ON THE JURY COMMISSION Chairman Greer reported one vacancy exists on the Commission and only one application has been received in the of Moe Kotler, who is a current member and is eligible reappointment. Jury name for Motion: commissioner Caster MOVED, SECONDED by Chairman Greer to reappoint Moe Kotler to serve a 2-year term on the Jury Commission. The term is to expire June 30, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS TO THE CAPE FEAR MUSEUM BOARD OF TRUSTEES Chairman Greer reported five vacancies and one unexpired term exist on the Cape Fear Museum Board of Trustees. Eleven applications have been received and the current members, Charles Agnoff, Luther Brown, and John Perritt, III, are eligible for reappointment and desire to serve another term. () Chairman Greer opened the floor to receive nominations. recommended reappointment of Charles John Perritt, III. Chairman Greer commissioner Caster Agnoff, Luther Brown, and 'SECONDED this nomination. Vice-Chairman Mathews nominated Jean Ann Sutton, SECONDED by Commissioner Sisson to fill the unexpired term. Commissioner Barone nominated Byron G. Beal and Donald Patience. Chairman Greer SECONDED the nomination. Vice-Chairman Mathews nominated Kent Swaim. was SECONDED by Commissioner sisson. The nomination There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman called a vote on the reappointment of Charles Agnoff, Luther Brown, and John Perritt, III. Upon vote, the applicants received a majority vote and were reappointed to serve 3-year terms on the Cape Fear Museum Board of Trustees. The terms are to expire June 30, 1996. () Vote: Chairman Greer called for a vote on the appointment of Jean Anne Sutton to fill the unexpired term. Upon vote, the applicant received a majority vote and was appointed to fill the unexpired term on the Cape Fear Museum Board of Trustees. The term is to expire June 30, 1995. Vote: Chairman Greer called for a vote on the appointment of Byron G. Beall. Upon vote, the applicant received a majority vote and ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 54'6 was appointed to serve a 3-year term on the Cape Fear Museum Board of Trustees. The term is to expire June 30, 1996. Vote: Chairman Greer called for a vote on the appointment of Donald Patience. Upon vote, the applicant did not receive a majority vote and was not appointed to serve on the Cape Fear Museum Board of Trustees. . Vote: Chairman Greer called for a vote on the appointment of Kent Swaim. Upon vote, the applicant received a majority vote and was appointed to serve a 3-year term on the Cape Fear Museum Board of Trustees. The term is to expire June 30, 1996. REAPPOINTMENT OF LEWIS R. ATWOOD AND APPOINTMENT OF CAMILLA M. HERLEVICH TO SERVE ON THE NEW HANOVER COUNTY PARKS & RECREATION ADVISORY BOARD Chairman Greer reported two vacancies exist on the Parks & Recreation Advisory Board. Four applications have been received and one current member, Lewis R. Atwood, is eligible for reappointment and desires to serve another term. Chairman Greer opened the floor to receive nominations. commissioner Barone recommended reappointment of Lewis R. Atwood. Vice-Chairman Mathews SECONDED the nomination. commissioner Barone nominated Kevin P. Tonn to serve on the Parks & Recreation Advisory Board. Commissioner Sisson nominated Camilla M. Herlevich. The nomination was SECONDED by Chairman Greer. . There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the reappointment of Lewis R. Atwood. Upon vote, the MOTION CARRIED UNANIMOUSLY. Dr. Atwood was reappointed to serve a 3-year term on the New Hanover County Parks & Recreation Advisory Board. The term is to expire June 30, 1996. Vote: Chairman Greer called for a vote on the appointment of Camilla M. Herlevich. Upon vote, the applicant received a majority vote. Ms. Herlevich was appointed to serve a 3-year term on the New Hanover County Parks & Recreation Advisory Board. The term is to expire June 30, 1996. APPOINTMENT TO BOARD OF SOCIAL SERVICES Chairman Greer reported one vacancy exists on the Board of Social Services. Five (5) applications have been received. One applicant, Wayne Wilson, is currently serving on the DSS Board and is eligible for reappointment and desires to serve another term. Chairman Greer opened the floor to receive nominations. Commissioner Sisson recommended the reappointment of Wayne Wilson. . Commissioner Barone nominated Alice D. Cumberworth. nomination was SECONDED by Vice-Chairman Mathews. The Vote: Chairman Greer called for a vote on the appointment of Alice D. Cumberworth. Upon vote, the applicant received a majority vote and was appointed to serve on the Board of Social Services. The term is to expire on June 30, 1996., , Commissioner Sisson reported on receiving a call from one of the applicants who made disparaging remarks about another applicant. For the record, it is inappropriate for this type of J ~- I I I I NINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 547 action to be taken, and hopefully in the future other applicants will not call with negative remarks. APPOINTMENT OF DOMINIC A. BIANCO TO SERVE ON THE BOARD OF FIRE COMMISSIONERS AS THE REPRESENTATIVE RECOMMENDED BY THE CASTLE HAYNE VOLUNTEER FIRE DEPARTMENT Chairman Greer recommended not making this appointment until some district lines have been delineated. commissioner sisson reported this vacancy is one of the four appointments made by the Board of Fire Commissioners. Mr. Dominic A. Bianco has been approved by the Fire Commission as the member to represent the Castle Hayne Volunteer Fire Department. In his opinion, he is an excellent choice; therefore, he would recommend approval of the appointment. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to appoint Dominic A. Bianco to serve on the Board of Fire Commissioners as the representative recommended by the Castle Hayne Volunteer Fire Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 10:55 A.M. until 11:20 A.M. DISCUSSION OF ITEMS RELATING TO NEW HANOVER REGIONAL MEDICAL CENTER REVENUE BOND ISSUE Finance Director, Andrew J. Atkinson, presented the following items that must be resolved in order for the Hospital to proceed with the revenue bond issue: 1) Increase the Amount of the Revenue Bond Issue: Board action must be taken to increase the Hospital revenue bond issue from $25,000,000 to $30,000,000. This increase originates from two sources: (1) capitalized interest; and (2) funds to replace the New Hanover Regional Medical Center contribution for economic defeasance of outstanding General Obligation bonds. An acceptable method has been developed that would allow the old bonds to be financially paid off. New Hanover Regional Medical Center would use the additional bond proceeds to purchase capital equipment. There would be no increase in the total outstanding debt, if agreeable with the Board of County Commissioners. 2) Leased Property: will remain in the Center: There are three parcels of property that name of New Hanover Regional Medical -The Medical Mall -A parking lot across from the Medical Mall -Land on Shipyard Boulevard where Medac is located. As the new lease is written, there will be no problem with amending the definition of "Health Care System" to mean. . . "collectively, and existinq facilities, improvements and all facilities of the County or the Corporation, operated by the Corporation". In section 12.11, the lease states that "upon termination of the lease, all assets of the corporation shall be distributed and transferred as directed by the County. . " with these amendments to the new lease, no transfers of title will be required. 3) Term of Lease: The term of lease will remain at five years with renewable options as in the current lease. 4) Rent: The rent is to remain at $1.00. 5) Indigent contribution: The County will pay New Hanover Regional Medical Center $150,000 annually for the length of the lease and this figure can be renegotiated at any time. k () () () . . . ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 548 Discussion was held on requiring the Medical Mall and parking lot across from the mall to be transferred into the County's name. Commissioner Barone strongly objected to these properties not being transferred into the County's name and reported it was her understanding that this action would be taken. In her opinion, the two assets should have never been placed in the hospital's name when purchased; therefore, she recommends immediate transfer of the properties. commissioner Caster inquired as to whether there would be a problem with transferring the, two properties into the County's name? Mr. Jim Hobbs, President of New Hanover Regional Medical Center, reported there is no problem with transferring the ownership of the Medical Mall and parking lot to the County. County Attorney Copley recommended Board action to request the Hospi tal Board of Trustees to draw a deed to place the two properties in the County's name. Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to request the Hospital Board of Trustees to direct its attorney to prepare deeds to transfer the titles of the Medical Mall and parking lot across from the mall into New Hanover County's name. Upon vote, the MOTION CARRIED UNANIMOUSLY Chairman Greer inquired as to whether the Hospital Board of Trustees will have a problem with payment of the general obligation bonds in lieu of the County making an indigent contribution of $150,000 to the hospital annually. Finance Director Atkinson reported the hospital will set aside in an escrow account the amount of money necessary to payoff the $3.4 million debt service remaining on the general obligation bonds. The bank, in turn, will make bond payments as they come due. This process is know as economic defeasance of the bonds. The bonds will no longer be considered outstanding and the County's financial statement will reflect them as paid in full. Mr. Jim Eyerman, Finance Director of the Medical Center, reported the economic defeasance of the general obligation hospital bonds is to be considered by the Hospital Board of Trustees at its meeting scheduled for June 22, 1993, and it is felt that this will not be a problem. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Commissioner Sisson to authorize issuance of revenue bonds in the amount of $30,000,000; authorize economic defeasance of the general obligation hospital bonds; allow the term of the lease to remain at five years; allow the rent to remain at $1.00 per year; and make an indigent contribution of $150,000 annually to New Hanover Regional Medical Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF CONTRACT WITH CRAIGIE INCORPORATED AS FINANCIAL ADVISOR FOR ISSUING DEBT UNDER NCGS 1591 - SPECIAL OBLIGATION BONDS FOR SOLID WASTE MANAGEMENT PROJECTS Deputy Finance Director, Julie Griffin, reported the County plans to issue Special Obligation Bonds under NCGS 1591 which provides for financing of Solid Waste projects. This financing will cover the projects approved in the 1993-94 budget for Environmental Management and requires the services of a financial advisor. The proposed contract is to engage the services of Craigie Incorporated as the financial advisor to the County. All financing costs will be paid out of the bond proceeds and will not result in out-of-pocket costs for the County. ~ //- .MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 549 commissioner Barone inquired as to whether the County has been involved with the firm recommended? Ms. Griffin reported the County has not been involved with the company, but is familiar with the person who will be working with the County. Chairman Greer expressed concern for the manner in which this item has been included in the FY 1993-94 Budget. Suddenly, the County is being obligated to pay $5,380,519.20 in bond debt service that somehow was included in the next year's budget. As Commissioners, these issues should be addressed and approved before being included in the budget. () County Manager O'Neal reported the WTE Facility Commission has reviewed the projects for which the funds will be expended. Also, a joint meeting was held with the WTE Facility Commission on February 24, 1993, with an explanation of the capital projects that should be performed and the need to purchase equipment, such as the bulldozer and trucks. In the FY 1993-94 recommended budget, which was approved by the Commissioners on June 7, 1993, the capital projects were outlined on Page 33. Chairman Greer inquired as to where the funds included in the current year's budget for some of these capital projects have been placed since some of these projects will be financed by the special obligation bonds? Environmental Management Director, Ray Church, reported funds in the amount of $1.3 million were included in the FY 1992-93 Budget to finance construction of Cell 4 and close Cell 3A. Early in the year, it was decided not to construct Cell 4; therefore, a majority of the budgeted funds were used to make badly needed improvements at WASTEC during the current year. () Assistant County Manager, Dave Weaver, commented on the projected revenues in the amount of $1 million from electricity sales for FY 1992-93 and reported due to an accounting error by Carolina Power & Light Company, the projected electricity sales were reduced by $500,000 which created a funding shortfall. This along with plant improvements usurped the budgeted funds. Chairman Greer inquired as to the purpose of the roll-off trucks? Director Church reported the roll-off trucks will be used to haul the ash from WASTEC to the landfill. Presently, 1985 trucks are being used for movement of ash. It is very costly to keep these trucks operational with the damage sustained from the lime and hot ash. with use of roll-off trucks, only the box will be under the ash chute without exposure of the entire truck, which should extend the life of the trucks. commissioner Barone inquired as to whether there is a washing facility at WASTEC and emphasized the importance of properly maintaining the trucks. Director Church reported there is no washing facility. Hopefully, an area can be established within the tip floor where the wash water can be contained on-site as required by state and federal regulations. () Chairman Greer inquired as to how long Cell 4A is anticipated to last? Director Church reported this cell should last five years. Currently, 50% of the waste stream is being landfilled; however, once the Construction and Debris Processing Center is constructed, this figure should be reduced. l . . . ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 550 Motion: After discussion of the financing schedule, Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the contract with Craigie Incorporated as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF COMPLETION OF RIVER ROAD PARK Deputy County Manager, Mary Gornto reported the River Road Park must be completed by June 30, 1993, in order to receive grant funds awarded for the project. A problem has occurred with the construction of the pier. Informal bids have been received with the lowest bidder submitting a figure of $16,000; however, this company cannot meet the County's performance and payment bond requirements. The County requires a performance and payment bond on a project of $50,000 with no performance and payment bond required for projects under $10,000. For several months, staff has searched for a company capable of meeting the performance and payment bond requirements who will bid on a small project. One large firm may bid this project this afternoon. If the bid is reasonable, this company could meet the bonding requirements; however, if the bid is substantially higher than the informal bids received, the pier will cost considerably more and the Commissioners may wish to waive the requirement for a performance and payment bond on this project and proceed with award of the bid to the lowest bidder in the amount of $16,000. After discussion with the County Attorney and Executive Director of the Insurance Advisory Committee, there appears to be no problem with waiving the performance and payment bond requirements on this project. Commissioner Barone inquired as to whether the County has awarded a project to this low bidder in the past? Deputy County Manager Gornto reported the County has not been involved with the low bidder; however, the Parks Superintendent has checked out references which have been most satisfactory. The company has been doing business in New Hanover County for several years. After discussion, Deputy County Manager Gornto requested the Commissioners to waive the performance and payment bond requirements on this one project if it becomes necessary in order to comply to the grant deadline of June 30, 1993. Staff is presently negotiating an arrangement with the contractor whereby the company will not be paid until completion of the project; however, if this is not acceptable, a partial payment will be made for the purchase of materials. Commissioner Barone inquired as to an acceptable bid price for the project if the larger company decides to bid? Deputy County Manager Gornto reported if the bid is received at $25,000, it may be worth using the larger firm since the bidder can supply the performance and payment bonds. Motion: After discussion of this being a typical example of a small contractor not being able to bid a job, Chairman Greer MOVED, SECONDED by Commissioner Sisson to waive the performance and payment bond requirements for this one project and to proceed with the award of the bid in the amount of $16,000. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone ~ /~ / f MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 551 LANDFILL TO BE CLOSED ON MONDAY, JULY 5, 1993 Assistant County Manager, Dave Weaver, reported the Landfill will be closed on Monday, July 5, 1993. The waste haulers have been contacted and have no problem with closing of this facility as notified. DRAFT LEGISLATION REGARDING CHANGES IN THE ROOM OCCUPANCY TAX Assistant County Manager, Dave Weaver, reported a House Finance Subcommittee is reviewing draft proposals that would restrict terms of local legislation, in the past and future, with regard to the Room Occupancy Tax. The following changes would occur if the bill is enacted: 1) Change the present use of revenues received from the Room Occupancy Tax. 2) Restrict any future opportunity to increase or change the distribution of the Room Occupancy Tax for use other than stipulated. County Manager O'Neal recommended authorizing the Chairman to write a letter to the local legislative delegation expressing opposition to the proposed draft legislation. Consensus: It was the consensus of the Board to authorize the Chairman to write a letter to the local legislative delegation expressing opposition to the proposed draft legislation. BREAK Chairman Greer called a break from 11:55 A.M. until 12:02 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY 1993 BOARD OF EQUALIZATION & REVIEW Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to hold a Regular Meeting of the 1993 Board of Equalization & Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 12:03 P.M. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 12:14 P.M. TAX APPEAL FOR BUSINESS DISCOVERIES OF WIZARD SILK SCREENS Mr. James A. Price, III, owner of Wizard silk Screens, commented on being negligent in the filing and payment of property taxes and stated on Friday, before Memorial Day, he received a call from the Sheriff's Department reporting a tax levy had been placed on his business property in the amount of $1,550. After contacting the Tax Office and Tax Administrator, he was told taxes were due in the amount of $1,550. He was instructed to see Mr. Walter Ward, the Business Listing Supervisor, to schedule an evaluation for next year's tax listing and to contact Ms. Sandy Cyphers, the Assistant Collector of Revenue, to see if some arrangement could be made for payment of the taxes due. An appointment was made with Mr. Ward for evaluation of his equipment and discussion was held with Ms. Cyphers about payment of back taxes. It was agreed that Ms. Cyphers would write a letter to the Sheriff's Department to postpone the tax levy until the following week, which would allow time for review of the situation by his attorney. The letter was typed and delivered to the Sheriff's Department. At this time no copy of the tax bill had been received. So, the next day a visit was made to the Tax Office without receiving a copy of the bill. Upon returning to the office, a Deputy Sheriff was in the parking lot and reported that a payment of $1,550 must be made within two hours or all of the equipment in the office would be hauled away. () () () . . . ... ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE '552 It was impossible to pay the amount due within two hours; therefore, the keys to the office were taken by the Deputy and the office was locked. It was also discovered that Ms. Cyphers had rescinded the letter carried to the Sheriff's Department; however, no notification was received about this action. After contacting an attorney, he requested copies of the entire billing process. When returning to the Tax Office, a copy of the bill could not be obtained; however, after contacting Mr. Register, he personally saw that copies of the tax bills were issued. In summary, the Commissioners were requested to change the 1987 listing on the $40,000 worth of inventory and assets that were listed and owned by the previous owner. Mr. Price admitted it was wrong to assume that his equipment had depreciated and had no value, and it was wrong not to comply to tax listing requirements; however, he feels a portion of the $893 bill should be relieved. Concern was expressed for no information being received before seizure of the equipment. Also, concern was expressed that his business has been closed for three weeks. Tax Administrator, Roland Register commented on the many misrepresentations in Mr. Price's allegations and stated the discovery notice was mailed to the last known address, which was to Mr. Owens doing business as Wizard silk Screens. The Tax Office was never notified that Mr. Owens no longer owned the business. The General Statutes require a buyer of a business to notify the Tax Collector in order for proceeds of the sale to be withheld within six months from the time of the purchase. Mr. Price did not notify the Tax Collector. The question to consider is whether or not Mr. Price wants to pay taxes. Mr. Price was first contacted on March 1, 1988, about his failure to list taxes and notify the Tax Collector that the business had been purchased. On December 7, 1992, Mr. Price was contacted again with a promise to discuss back taxes on December 14, 1992. Mr. Price never came by the Tax Office. On February 24, 1993, the Tax Administrator instructed the outside collectors to take firm and final action with no further time extended to Mr. Price for payment of taxes due. On March 1, 1993, Mr. Price's father called to discuss his son's delinquent taxes on his home. At this time, the father was made aware of the delinquent business taxes. As to the home, the foreclosure action began June 10, 1992, with no payment of taxes as of this date. The Tax Office is ready to set a date for sale of the property. On May 24, 1993, the levy was reissued with the papers being delivered by the Sheriff's Department. Mr. Price was given from this date until June 3, 1993, for payment of taxes. No payments have been received. In summary, the Tax Office has done everything possible to encourage payment of delinquent taxes and listing of the business. Only one listing has been made by Mr. Price for the years 1987, 1988, 1990, 1991, and 1992. Many facts have been misrepresented with a poor reflection on the employees in the Tax Office who have bent over backwards to assist Mr. Price with his listings and payment of delinquent taxes. The foreclosure sale is scheduled for July 7, 1993, at 12:00 noon, and unless the full amount of back taxes is paid, the Sheriff will not release the property. It is most unfortunate that this matter has not been resolved by Mr. Price; however, staff recommends upholding the taxes. Mr. Price reported in 1988, he did file; however, in 1987, he did not file. When purchasing the property, the attorney reported all the property taxes were paid at the time of sale. Also, the invoices do not add up to the principal amount on the tax ledger. From 1970 until 1990, property taxes were paid on his home until refinancing of the property with the new financier not being aware that the firm should pay the property taxes. The money is being held in escrow and is available for payment of back taxes on the ~ ~ , I I MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 553 home. The Commissioners were urged to allow more time to correct the discrepancies and allow for payment of the taxes due. Chairman Greer reported many people could delay payment of taxes by saying there is a discrepancy; however, taxes are due and must be paid with an opportunity to appeal the amount and receive a refund if a discrepancy is found. After Department reported, assistance a lengthy discussion of the efforts made by the Tax in trying to resolve this matter, Chairman Greer unfortunately, the Commissioners cannot be of any to Mr. Price in resolving his delinquent taxes. () MEETING RECESSED FOR LUNCH Chairman Greer recessed the meeting for lunch from 1:00 P.M. until 1:45 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS MEETING SCHEDULED FOR DISCUSSION OF COMMITTEE APPOINTMENTS TO THE BOARD OF FIRE COMMISSIONERS Commissioner sisson reported the Planning Department has drawn maps outlining the current fire districts and populations within those districts. The maps were presented to the Commissioners for discussion and review at a future Work Session. Chairman Greer reported on a letter received from the Chairman of the Board of Fire Commissioners expressing concern for a recent appointment to the Fire commission, which in the commission's opinion was filled incorrectly. The Fire Commission is requesting the County Commissioners to correct the recent appointment and clarify the appointment process with a by-law change that requires all appointees to reside in the Fire District they are to represent. Chairman Greer recommended that each Commissioner review the map presented and the request by the Fire Commission relative to the appointment process and by-law change. () commissioner Barone inquired as to why a prior appointment before a by-law change would have to be corrected? Chairman Greer reported the language in the by-laws is very vague and is difficult to interpret. Commissioner sisson reported the letter received from the Chairman of the Board of Fire Commissioners was prompted because the candidate desired to represent the Federal Point Fire District was not appointed by the Board of County Commissioners. Currently, all volunteers serving on the Fire Commission do not reside within the district represented. According to the County Attorney, the by-laws do not require members to reside from the districts being represented. The Fire Commission has interpreted the by-laws to mean that an appointee must reside within the Fire District to be represented. Consensus: After discussion, it was the consensus of the Board to schedule a Work Session on Thursday, July 1, 1993, after the Staff Meeting for discussion of fire related matters. ENDORSEMENT OF YEAR 2000 HEALTH OBJECTIVES COMMITTEE Chairman Greer presented objectives prepared by the 2000 Health Objectives Committee and requested authorization to write a letter of endorsement for the list of health objectives presented. () commissioner Barone reported after review, she is concerned about requesting statistics from the private health care sector, which in her opinion, imposes an undue burden on the private sector. Chairman Greer reported in order to present statistics about the number of pregnant women receiving care, it is necessary to ~ MINUTES OF REGULAR MEETING, JUNE 21, 1993 PAGE 554 contact the private sector. No names are involved and the entire process is confidential. Commissioner sisson reported normally requests are based on general percentages; therefore, figures are estimated and no intense review of records is required. . Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman Mathews to authorize the Chairman to forward a letter of endorsement for the 2000 Health Objectives Committee as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REDUCING THE LENGTH OF BOARD MEETINGS Vice-Chairman Mathews reported on discussing the length of meetings with a Forsyth County Commissioner, who informed him that meetings never exceed a 2-3 hours. Forsyth County holds Staff Meetings on the Thursday before a regular meeting, which allows an additional day for staff to answer questions or provide additional information. Also, a time limit is established for each item and a visible time clock is used. Once presentations and comments have exceeded the time allotted, discussion is halted. The Staff Meetings are fully utilized and an agreement is reached on most items. County Manager O'Neal stated he would be glad to contact the Forsyth County Manager to review their meeting procedures. Clerk to the Board, Lucie F. Harrell, suggested that the County Manager, County Attorney, and Clerk to the Board meet to discuss this matter and develop recommendations that can be utilized for shortening the length of meetings. These recommendations can then be reviewed and discussed by the Board. . It was agreed for the recommendations to be prepared and presented to the Board after the Work Session scheduled on July 1, 1993. REPORT ON GLOBAL TRANSPARK MEETING Commissioner Barone reported on attending a Global TransPark meeting and notified the Commissioners that a report will be forwarded outlining the items of discussion. EXECUTIVE SESSION Chairman Greer requested an Executive Session for discussion of a personnel matter. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to convene from Regular Session to Executive Session to discuss a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 2:05 P.M. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. . Chairman Greer reconvened to Regular Session at 4:01 P.M. Chairman Greer reported for the record, the County Manager, County Attorney, and Clerk to the Board of County Commissioners, were evaluated in Executive Session with a favorable review received by each appointee. ADJOURNMENT Chairman Greer adjourned the meeting at 4:03 P.M. d!::~W~itted, Lucie F. Harrell Clerk to the Board ~