1993-06-21 Regular Meeting
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M~NUTES OF REGULAR MEETING, JUNE 21, 1993
PAGE 534
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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.
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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.
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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
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~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.
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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
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$ 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.
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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.
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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.
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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
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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
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MINUTES OF REGULAR MEETING, JUNE 21, 1993
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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.
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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.
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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.
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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;
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MINUTES OF REGULAR MEETING, JUNE 21, 1993
PAGE 542
Bill Rose President of Carolina Savings Bank; John Lancaster, City
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Executive for Branch Bank & Trust; and Rlp Howard, Reglonal
President of Branch Bank & Trust.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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