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1993-07-06 Regular Meeting ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 555 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, July 6, 1993, at 6:30 P.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.; 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. He reported Vice-Chairman E. L. Mathews, Jr. will not be attending the meeting since he is not feeling well. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Frank Perry, Pastor of st. Paul's Evangelical Church, gave the invocation. commissioner Barone led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone present would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No items or comments were received. APPROVAL OF CONSENT AGENDA . Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews CONSENT AGENDA Adoption of Resolution for the Sale of Surplus Property Jointly Owned by the City of Wilmington and New Hanover County The Commissioners adopted a resolution accepting an offer from James and Berneice Williamson for Tax Parcel #054-06-013-015.000, 1314 Orange Street, in the amount of $1,350 with a tax value of $2,092. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. . Approval of Amendment to New Hanover County Travel POlicy, section III, Page 5 The Commissioners approved an amendment to the County Travel Policy to change Section III, Page 5, Approval of Travel Reimbursement Reports to read that no other approval is required for travel reports submitted by the County Manager and County Attorney. Both officials must submit a quarterly recap of travel to the County Commissioners. The current policy requires the County Attorney to submit travel reports to the County Manager for approval before reimbursement. Adoption of Resolution for Reappraisal of All Real Property in New Hanover County as of January 1, 1997 The Commissioners adopted a resolution for reappraisal of all real property in New Hanover County as of January 1, 1997. The Chairman was authorized to execute the resolution with a copy of ~ ~- I MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 556 the resolution being forwarded to the N. C. Department of Revenue. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. Approval of Lease Agreements Between New Hanover County and the Board of Education for Maintenance and Use of certain Athletic Fields and Facilities The Commissioners approved four lease agreements with the Board of Education for joint use of various athletic fields and facilities when not in use by school students. The County Manager was authorized to execute joint use and maintenance agreements for Bradley Creek soccer fields; Roland-Grise athletic fields; Hoggard tennis courts; and Trask soccer fields. Funds are included in the FY 1993-94 Parks budget for the County's share of maintenance costs. () Copies of the contracts are on file in the Legal Department. Resolution Authorizing Access to Second Safe Deposit Box for Cape Fear Museum The Commissioners adopted a resolution authorizing access to Cape Fear Museum's second safe deposit box to the Museum Director, Janet K. Seapker; Curator, Barbara Rowe; and Registrar, Christine Freer-Parsons. Approval of Amendment to Contract #92-0431 Between New Hanover County and Parker Landscaping and Approval of Budget Amendment #94- 0005 The Commissioners approved an amendment to the contract between New Hanover County and Parker Landscaping in the amount of $1,640 to provide grounds maintenance at the Myrtle Grove Branch Library and Flemington Cemetery. The County Manager was authorized to execute the contract documents, and the following budget amendment was approved: () 94-0005 Non-Departmental - Parks Department Debit Credit Non-Departmental contingencies $1,640 Parks Department Contracted Services $1,640 Purpose: To increase Parks' contracted services account for additional parcels that will need to be maintained. Approval of State Airport Grant Agreement for New Hanover International Airport Project No. 9.9425935 The Commissioners approved a grant agreement from the North Carolina Department of Transportation state Airport Air Funds for the Terminal Ramp Phase II project. Funds have been approved by the State in the amount of $188,789. The required matching funds are available in the Airport's budget. A copy of the grant agreement is on file in the Legal Department. Approval of Budget #94-0001 - outside Agencies - Human Services The commissioners approved the following Budget Amendment: o 94-0001 Non-Departmental/outside Agencies/Human Services Debit Credit Non-Departmental Contingencies $8,000 . . . ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 557 Budget Amendment (continued) Debit Credit outside Aqencies/Human Services Child Advocacy Commission Cape Fear Literacy Council $2,000 $6,000 Purpose: To amend funding for the above outside agencies to the 90% level of funding. Approval of Budget Amendment #94-0002 - Health Department/Home Health The Commissioners approved the following Budget Amendment: Debit Credit Health Department/Home Health Home Health Fees - Medicare $75,133 Salaries & Wages FICA Retirement Medical Insurance $62,483 $ 4,780 $ 3,112 $ 4,758 Purpose: To budget revenue and expenditures for two Home Health positions added by the Commissioners after the FY 1993-94 Budget was adopted on June 7, 1993. Approval of Budget Amendment #94-0003 - Non-Departmental -Outside Agencies - Human Services The Commissioners approved the following Budget Amendment: 94-0003 Non-Departmental/Outside Agencies/Human Services Debit Credit Non-Departmental Contingencies $5,000 Outside Aqencies/Human Services Contribution $2,000 NHC Veterans' Council $7,000 Purpose: To budget an additional $7,000 for the New Hanover County Veterans' Council. Funds in the amount of $5,000 will come from contingencies and $2,000 is a State contribution to the County for providing a Veterans' Office. The County will contract with the New Hanover County Veterans' Council for FY 1993-94 funding as approved by the County Commissioners on June 21, 1993. Approval of Budget Amendment #94-0004 - Department of Aging The Commissioners approved the following Budget Amendment: #94-0004 - Department of Aging/Senior center Debit Credit Aqing/Senior Center Title III Health Grant $7,600 Title III Health Grant $7,600 Purpose: To establish the budget for a grant awarded from the Council of Governments for Title III - Disease Prevention & Health Promotion Services. The grant application was approved by the County Commissioners on April 19, 1993. Designation of the New Hanover County Department of Aging as the Focal Point on Aging The Commissioners designated the Department of Aging as the Focal Point on Aging as required by the Area Agency on Aging through the Council of Governments. j ,~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 558 Adoption of Resolution for Submittal of the 1993-94 Land Records Management Grant Application The Commissioners adopted a resolution authorizing New Hanover County to submit an application for the 1993-94 Land Records Management Grant in the amount of $50,000 for matching funds to assist in the MAPS Program to automate and update the County's land records system. The matching funds are budgeted for FY 1993-94. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. Denial of Request for Waiver of Tip Fee - wrightsboro United Methodist Church The Commissioners denied the request by the Wrightsboro united Methodist Church for waiver of the tip fee. Although waiving the fee would assist the community church, it is felt approval of this request would set a precedent and open the door for non-profit institutions to request waivers at a time when the County has begun to become more stringent on waiver requests. Ratification of Merit Increases to the County Manager, County Attorney, and Clerk to the Board The Commissioners conducted performance appraisals on June 21, 1993, for the County Manager, County Attorney, and Clerk to the Board. The Board approved the following merit increases: County Manager County Attorney Clerk to the Board 5% 4% 5% RECOGNITION OF DEPUTY COUNTY MANAGER MARY GORNTO Chairman Greer, on behalf of the Board, commented on the dedicated service given by Deputy County Manager, Mary Gornto, since September 1984 and presented a Claude Howell sketch in recognition of her years of service. The members of the Board wished her well in her new position as the wilmington city Manager and stated she will be sorely missed. Deputy County Manager Gornto commented on the difficulty in deciding to leave New Hanover County government and expressed appreciation to the Board and staff for their cooperation during her years of service. Assurance was given on a cooperative working relationship between the City of Wilmington and New Hanover County. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO ESTABLISH A FAMILY CEMETERY ON THE WEST SIDE OF CAROLINA BEACH ROAD (S-350, 6/93) Chairman Greer reported the petitioner has requested this item be postponed due to being unable to attend the meeting. Consensus: It was the consensus of the Board to postpone Item #11 as requested. UPDATE FROM DSS FACILITY STUDY COMMITTEE Deputy County Manager, Mary Gornto, reported the DSS Facility Study Committee has identified the following options and would like an extension of 90-days from the N. C. Department of Human Resources to submit a corrective action plan for the space deficiencies cited. This extension will allow the Committee to thoroughly review and study each of the following options: Appeal the determination Flex scheduling Contracting out programs outposting Modular Units on-site Building Addition Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to authorize the Chairman to write a letter to Sarah Delancey, () () () ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 559 Regional Director, Division of Social Services, requesting a 90-day extension for submission of a corrective action plan for space deficiencies cited in the DSS Building. Upon vote, the MOTION CARRIED AS FOLLOWS: . Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews DISCUSSION OF CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 County Attorney Copley reported Congress enacted the Cable Television Protection and Competition Act of 1992 because of the following reasons: (1) the cable industry deregulation monthly rates for the lowest price cable service has increased by approximately 40% for more than 28% of cable television subscribers; (2 ) little competition exist; and (3) franchising authorities are finding it difficult to deny renewals to cable systems that are not adequately serving subscribers. The law allows the County, by ordinance or in the contract between the County and cable operator, to regulate cable rates and establish different customer service standards than those being administered by the FCC. Rate regulation allows the County to determine monthly rates for cable service. The County can only regulate the basic service tier. The FCC will regulate all other tiers. Pay-per-view (HBO, Cinemax, etc.) is not covered by the Act and these rates are not regulated. . The basic tier includes all of the broadcast signals that the cable system distributes plus public, educational, and governmental access channels. In order to regulate the basic tier, the County must be certified by the FCC. To become certified, the County must show it has the necessary legal authority, adequate personnel, and regulations required by the FCC. If the County cannot become certified, the FCC will regulate the basic tier. If the County decides not to become involved in regulating the basic tier rate, it will not be regulated and the FCC will not respond to the consumer complaints except for those involving those tiers above the basic tier. The Board of County Commissioners must decide whether to regulate the basic tier rate and if it desires to adopt consumer protection standards. The following pro and con information was presented: . PRO: Rate regulation and consumer protection standards allow the Board of County Commissioners to regulate cable rates down and require better service. The County receives several complaints a month about Falcon Cable and a few about Vision Cable. The City is currently negotiating a new franchise with Vision Cable and plans to regulate rates. Both the City and County franchises terminate in March, 2002. However, the County still would be able to enforce provisions of the Cable Act. If the City regulates rates and enforces standards, and the County does not, the Commissioners will receive many complaints from County residents when the rate freeze expires on November 15, 1993. CON: Enforcing this Act will take a great deal of staff time, especially for the Legal Department and accounting staff as well as require more involvement on the part of the Board of County Commissioners. The Board will become a "mini-utility commission" to review and set rates unless the Commissioners decide to appoint a citizens committee to assume the responsibility of making a recommendation to the Board. The cable companies may challenge the Board's rate determination because it will affect their revenues. The public will of course be arguing for lower rates. ~ ~ / ! I I l ~INUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 560 In summary, a decision must be made as soon as possible as to whether the County will implement cable rate regulations and FCC standards for customer service in order to comply with various deadlines before lifting of the rate freeze on November 15, 1993. Direction was requested from the Board in order to begin the process of notifying the cable operators of the County's intent and to adopt consumer service standards, beginning with the certification process. Discussion was held on the importance of uniformity in cable rates for the City and County residents. Chairman Greer recommended working with the cable companies to develop a plan that will be the same for the County and municipalities. () Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to direct staff to initiate the FCC certification process and adopt the consumer service standards to comply with the Cable Television Consumer Protection and Competition Act of 1992. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews DISCUSSION OF SOLID WASTE MANAGEMENT PLAN Recycling Manager, Tim Cole, presented a Solid Waste Management Plan for New Hanover County. The purpose of the plan is to evaluate the current status of solid waste management in New Hanover County; offer new directions for implementation of a comprehensive solid waste management approach; and to illustrate how we may best meet State requirements such as the 25% reduction goal. () The plan is divided into the following two parts: Part I attempts to make an evaluation of fundamental elements of solid waste management in New Hanover County. Focus is placed on the following items: (1) County demographics; (2) solid waste collections; (3) source reduction, reuse, and recycling efforts; (4) solid waste disposal facilities; (5) special wastes handling; (6) solid waste disposal and waste composition; (7) solid waste education and information; (8) solid waste planning; (9) legislative authority and local policies; and (10) solid waste funding and staffing. Part II provides an outline for a solid waste management approach for New Hanover County. Emphasis is placed on how the County can "best" reach the State's recycling and waste reduction goals. This accomplishment will be reached through the government planning process; utilization of available waste characterization data; collection and disposal improvements; waste reduction al ternati ves; special waste management improvements; improving public education and participation; financing and implementation issues; and explanation of how the County will reach the State's waste reduction goals. () with a second waste reduction goal of 40% targeted for the year 2000, the state has presented local governments with a challenging waste reduction mandate for the 1990' s. The plan provides for establishment of an on-going solid Waste Advisory Committee to pursue the following objectives: -To adhere to the State of North Carolina's solid waste management hierarchy. . . . '. ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE '561 -To recommend the most cost effective ways to achieve the state solid waste reduction goals of 25% by 1993 and 40% by 2000. -To recommend methods to provide convenient and affordable recycling to all residents of the County. -To recommend methods to further expand source reduction, reuse, and recycling efforts to include commercial/industrial wastes. -To demonstrate how best to conserve the County's Landfill and Waste-to-Energy Facility. -To promote and recommend how best to expand solid waste management educational and informational activities. staff recommends adoption of the Solid Waste Management Plan as prepared with distribution to the municipalities for their consideration and comments. A final plan, which includes the municipalities' comments, should be submitted to the N. C. Solid Waste Section for approval. Discussion was held on composting. Commissioners Barone agreed with the concept of composting but expressed concern for the number of elderly citizens who are not physically able to compost and inquired as to whether this matter has been addressed? Director Church reported only a certain percentage of the population will compost; therefore, composting has only a limited place in the Solid Waste Management Plan. However, this concept will be promoted as a method of source reduction. Chairman Greer expressed concern for establishing too many rules and regulations for the entire County. with enactment of Senate Bill 111 the counties were required to achieve a 25% reduction in the waste stream by 1993; prohibited from placing yard waste in lined landfills, and required to adopt a Solid Waste Management Plan with final approval by the State. These additional regulations will eventually create a mandatory trash collection system in the County, and the question to be answered is whether the County needs more rules and regulations as proposed in the plan, which sets the course of action for the County. Director Church reported staff has prepared a plan that will comply to State requirements and should receive approval. The County has the Waste-to-Energy Facility with the unanswered question as to whether the State will allow a 10% credit toward the reduction of the waste stream for construction of this facility. Regardless of whether the 10% credit is obtained, the County must prove it has demonstrated a good faith effort in meeting the requirements of Senate Bill 111. The proposed plan shows these efforts have been made. The plan does not require a mandatory trash collection system. Franchising is mentioned in the plan because this is an excellent mechanism for providing customers with the necessary collection procedures such as yard waste collection, curbside recycling, bulky item collection, and garbage collection at a fair price. The focus of the State is on source reduction, recycling, and composting with all other materials being placed in the lined landfill. The County acted very aggressively in 1981 and 1984 in moving forward with construction of the incinerator to address the solid waste disposal problem. This facility has produced an 85% volume reduction but the State does not recognize this factor. The State is concerned about reduction of the total waste stream and measures being taken to reduce the amount of waste coming to the facility. County Manager O'Neal agreed with all the statements presented and assured the Board that staff feels New Hanover County should be ~ / /------- ! MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 562 recognized by the state for the funds invested in construction of the incinerator; however, this has not happened. Recycling Manager, Tim Cole, reported on the enactment of SB 59, within the last week, which will require the County to remove steel cans, aluminum beverage cans, anti-freeze, and white goods from the waste stream before the solid waste is burned. This legislation will require modifying the proposed plan. A lengthy discussion was held on the need to adopt a Solid Waste Management Plan approved by the State in order for the County to adopt a flow control ordinance that will prohibit haulers from disposing of garbage outside of New Hanover County. without such an ordinance, haulers will eventually use regional landfills being built in nearby counties at much lower tip fees. () commissioner Sisson reported eventually citizens are going to have to pay for disposal of garbage, either through incorrect handling which will create pollution problems that will be costly to correct, or through a sound solid waste management disposal program. Staff has prepared a good seven-point plan of action that will comply to State requirements; therefore, he feels the plan should be adopted. Also, if the County's waste stream is reduced by 25%, perhaps, this additional capacity can be used to accept burnable waste from surrounding counties. Assistant County Manager, Dave Weaver, stressed the importance of adopting a Solid Waste Management Plan in order for the County to have authority to adopt a flow control ordinance. The proposed plan meets the requirements of the State for overall solid waste planning. without the plan and flow control ordinance, revenues could decrease and the County will be faced with paying off a $41 million debt. o Motion: Commissioner Sisson MOVED to adopt the Solid Waste Management Plan as presented with distribution to the municipalities for their consideration and comments. THE MOTION FAILED FOR A LACK OF A SECOND. Director Church requested the members of the Board to contact him about any concerns in the proposed plan in order to see if a proposal can be prepared that will be acceptable to the Board. Chairman Greer expressed concern for construction of a multi- million dollar incinerator and lined landfills with adoption of a Solid Waste Management Plan that will create additional costs to everyone in the County. New Hanover County is light years ahead of other counties. The County's job should be to operate the Waste- to-Energy Facility as efficiently and cost-effective as possible. The new processing center should separate batteries, plastics, anti-freeze, and metals from the waste stream with the State being informed of the positive actions being taken by the County. It is wrong to dictate to the citizens what will eventually become a mandated trash collection system in New Hanover County. Director Church reported the proposed plan descr ibes the positive actions being taken by New Hanover County and mentions franchising as a mechanism that will reduce the cost to customer. The plan does not refer to establishment of a mandatory trash collection system. () Chairman Greer suggested investigating a method of franchising based upon a company serving 3,500 customers in an area with one day a week scheduled for solid waste pickup; one day a week scheduled for yard waste pickup; and one day a week scheduled for recyclables. with the hauler serving one area the cost will be reduced to the hauler, collection of yard waste will eliminate the tip fee; and recyclables could be received free of charge. This type of franchising would benefit both the hauler and customer. I l . . . ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 563 commissioner sisson reported this method of franchising is included in the proposed plan. Chairman Greer reported this may be included in the plan, but the plan specifically states this will be required for every customer in the County, which in his opinion, is a mandatory trash collection system. Director Church requested Chairman Greer to refer to Page 58 of the plan which reads as follows: "Consequently, the institution of mandatory collections is not recommended at this time." Regardless of how franchising is handled, some customers will be upset. If the County implements franchising with assignment of certain areas, some citizens will be upset about having to use another hauler. If the franchise is not bid, the County will be accused of not obtaining the lowest price to the customer since bids were not required. Recycling Manager, Tim Cole, reported the plan proposes to use a voluntary system in which zones will be established for each hauler receiving franchises. The hauler with a given zone will have contiguous routing within that zone, which will lower the cost of labor, fuel, and maintenance to the hauler and at the same time provide a higher level of service. Currently, residents living in the unincorporated area of the County are receiving one trash pickup a week for $18 per month with no other form of collections. commissioner sisson commented on the concern expressed for mandatory collections, which has been addressed in the plan, and inquired as to other items of concern? Chairman Greer asked what will be done with yard waste in the proposed plan? Recycling Manager, Tim Cole, responded that the proposed franchise would require a separate collection for yard waste. Currently, yard waste is accepted at the incinerator if the volume does not exceed 15%. Chairman Greer stated, in his opinion, yard waste should be burned in the incinerator and expressed concern for the haulers refusing to pickup yard waste. Director Church reported on the following dilemma: (1) The County has a Landfill that is banned from receiving yard waste; (2) The County has a Waste-to-Energy Facility that is allowed to burn yard waste; and (3) The County has a Landfill that is allowed to take garbage; however, when 500 tons are received in one day during the peak season, does the County burn the yard waste and landfill the remaining garbage. Is this what the citizens of the County desired when they passed a bond referendum for construction of an incinerator? Also, if the County has separate collections, this is a cheaper disposal mechanism. Commissioner Sisson emphasized the fact that State law has been adopted; therefore, the County will have to comply to this law. To defy the State, in his opinion, will not be beneficial to New Hanover County. The plan establishes guidelines for a better way to dispose of garbage and at the same time be more cost effective to our citizens. Assistant County Manager, Dave Weaver, emphasized the importance of adopting a Solid Waste Management Plan as required by the State in order to implement a flow control ordinance. If haulers are allowed to dispose of solid waste outside of New Hanover County, the County could be faced with a reduction in the waste flow of 50% which would increase the tip fee to $140 per ton in order to payoff the debt service and operate WASTEC. within twelve months, regional landfills will be opened and operated by private companies who will negotiate through put or pay contracts. ~ /.- I MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 564 This type of contract requires that a certain amount of trash be landfilled monthly with a fixed rate on a long-term basis. If the amount of trash is below the negotiated volume, the same monthly rate is charged. Also, if another landfill opens at a cheaper rate, the customer will still be obligated to fulfill the terms of the put or pay contract. Director Church requested each Commissioner to feel free to call and discuss items of concern in order to prepare a plan that will be acceptable. () County Manager O'Neal recommended holding a Work Session to thoroughly discuss the need for a Solid Waste Management Plan. Chairman Greer haulers to discuss acceptable and if collections. agreed and directed staff to meet with the whether franchising in a certain zone is so, what would the monthly rate be for Director Church reported these items were discussed after the March 13 storm. In his opinion, the haulers are agreeable to having a specific area zoned because of economics. Concern was expressed about the collection of bills and bad debts. This is an issue that needs further study. Chairman Greer inquired as to why the collection of bills is a concern, since it does not appear to be a problem with the haulers at the present time? Director Ray reported the collection of bills and bad debt is a problem with the haulers. County Manager O'Neal reported the information requested was thoroughly investigated three years ago, therefore, much of the data is in place. Staff will be glad to schedule a meeting with the haulers and discuss the items of concern. A Work Session will be scheduled at a later date. o APPROVAL OF CONTRACT #93-0375 WITH MCKIM & CREED FOR ENGINEERING SERVICES FOR SITE DRAINAGE AND ASH HANDLING AREA - WASTEC Director of Environmental Management, Ray Church, reported the engineering firm of McKim & Creed has been requested to provide a Scope of Services for drainage and structural engineering at the Waste-to-Energy Facility. The firm was chosen due to prior site work and familiarity with the facility during the expansion and more recently with the installation of site drainage for erosion control. The site work will expand previously constructed drainage features to include containment around the #3 air pollution control equipment and asphalt and stormwater drainage to control run-off. The structural work includes modifications to the ash handling area to accommodate the use of roll-off boxes which will be used for ash management. The modifications also include the design for movement and support of structural steel associated with the ash conveyors and the design of a concrete bunker and drainage for ash storage. These improvements will significantly improve the aesthetics and cleanliness in the ash loading area. The fee for the engineering services including design and receiving bids is $7,500. Money for this project is available in the expansion budget. Motion: Commissioner Sisson MOVED, SECONDED by commissioner Caster to award the contract to McKim & Creed for engineering design for drainage and ash handling area improvements at the Waste-to-Energy Facility in the amount of $7,500. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED AS FOLLOWS: o Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer k . . . ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 565 Absent: Vice-Chairman Mathews A copy of the contract is on file in the Legal Department. AWARD OF BIDS #93-0363 FOR PREPARATION OF LANDFILL CELL #4 AND CELL #3A CLOSURE Director Church reported the second bid opening was held this morning with only two bids received. After opening the bids, staff recommends award of the bid to Geo-Con, Inc. for preparation of Landfill Cell #4 and the Cell #3A closure in the amount of $846,325. The bid is $1,200 lower than the first bid submitted by Geo-Con, Inc. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the resolution awarding bid #93-0353 to Geo-Con, Inc. in the amount of $846,325 as recommended by staff. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. A copy of the contract is on file in the Legal Department. BREAK Chairman Greer called a break from 7:50 P.M. until 8:11 P.M. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME AT 3903 LYNN AVENUE IN CASTLE HAYNE, ZONED RA RURAL AGRICULTURE (S-351, 7/93) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, anyone present wishing to present testimony must be sworn in by the Clerk to the Board. The following person was sworn in: James H. Bordeaux Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the Special Use Permit for location of the mobile home on Lynn Avenue. The following staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: -The site will be served by an individual well and septic tank. -The property is located in the Castle Hayne Volunteer Fire Department district. -The property has direct access to Mulberry Street. General Requirement #2: The proposed use meets all required conditions and specification of the Zoning Ordinance based upon the following findings: j ~ ( I MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 566 -The property is zoned RA. Special Use Permit. Mobile homes are permitted by -The minimum lot size is 30,000 square feet. has this amount of land. The applicant General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following finding: -The site has been occupied by a mobile home in the past. () General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following finding: -There are other mobile homes in the general area, although the predominant use of land is for agricultural purposes. Chairman Greer inquired as to whether anyone from the general public would like to speak in favor of granting the Special Use Permit. Mr. James H. Bordeaux, the petitioner, presented letters from adjoining property owners who have no objection to placement of the mobile home on this lot. The mobile home is to be used by his nephew. Chairman Greer asked Mr. Bordeaux if he concurred with the findings of fact as presented by the Planning Director. Mr. Bordeaux agreed with the findings as presented. () Chairman Greer inquired as to whether anyone from the general public would like to speak in opposition to the Special Use Permit. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit for location of a mobile home at 3903 Lynn Avenue off of Mulberry Street in Castle Hayne based upon the evidence presented and findings of fact meeting the four general requirements. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 5. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE A DOUBLE-WIDE MOBILE HOME AT 6125 COON HUNTERS TRAIL NORTH OF HOLLY SHELTER ROAD IN CASTLE HAYNE, N. C. (S-352, 7/93) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing;-therefore, anyone wishing to present testimony must be sworn in by the Clerk to the Board. () The following person was sworn in: Emerson B. White . . >. ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 567 Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend issuance of the Special Use Permit. The following findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: -The applicant was granted a Special Use Permit on July 7, 1987, to locate a mobile home on the same tract of land. -The property is located within the Castle Hayne Volunteer Fire Department District. -The' property has access to Coon Hunters Trail. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance. -The applicant has 6.55 acres. -All setbacks can be easily met. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. -A mobile home is currently located on the property. -The predominant use of the land in the area is for industrial purposes. General Requirement #4: The proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. -A mobile home is currently located on the property. Chairman Greer inquired as to whether anyone from the general public would like to speak in favor of granting the Special Use Permit. The following remarks were received: Mr. Emerson B. White, the petitioner, reported the mobile home will be used by his daughter and her husband for the purpose of living near him because of his serious health problems. Chairman Greer asked if Mr. White concurred with the findings of fact presented by the Planning Director? Mr. White agreed with the findings as presented. Chairman Greer inquired as to whether anyone from the general public would like to speak in opposition to issuance of the Special Use Permit. No remarks were received. Commissioner Barone commented on the site being in the middle of an 1-2 District and inquired as to whether Mr. White is aware of the many uses that could locate on surrounding properties, and if he would be happy with the residential use if industry, such as a slaughter plant, should locate near the mobile home? Mr. White reported he is aware of the uses that could be placed on surrounding properties in the future and stated if an unpleasant situation should occur, he will address the problem at that time. ~ /~ MINUTES OF REGULAR MEETING, JULY .6, 1993 PAGE 5.68 commissioner Barone commented on the depth of the water table being 0 to 12 inches and reported in order to install a drain field that will allow for a water flow, a depth of 18-24 inches is required. Concern was expressed for obtaining a permit for installation of a septic tank system. Mr. White reported the land did perk in 1987; therefore, there should be no problem with this request. Also, water tables vary from lot to lot and that once the special Use Permit is granted, an application for a septic tank permit will be filed. () Planning Director Hayes reported since Mr. White does not have a septic tank permit at this time, the Commissioners may wish to make this a condition of the Special Use Permit. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit for location of a double-wide mobile home at 6125 Coon Hunters Trail north of Holly Shelter Road in Castle Hayne, N.C. based upon the evidence and findings of fact meeting the four general requirements. The floor was opened for discussion. commissioner Barone requested amending the MOTION to include the condition that all required permits must be obtained. commissioner Sisson AMENDED THE MOTION, SECONDED by Commissioner Caster to grant the Special Use Permit contingent upon all required permits being obtained. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer (\ \ " ./ Absent: Vice-Chairman Mathews A copy of a Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 5. SUBDIVISION APPEAL - KINGSLAND WOODS SUBDIVISION Planning Director, Dexter Hayes, reported the petitioner, the owner of the affected lots, is requesting the original preliminary plan for this project to be revised to incorporate a cul-de-sac at the north end of Kirby Smith Drive in place of the existing dead- end street. The original plan which has been recorded shows this road extending to the northern property line with the understanding that access would be provided in the future to undeveloped properties located to the north. All properties located north of this end of Kirby smith Drive are entirely within the City of Wilmington. The applicant appeared before the Technical Review Committee (TRC) of the Planning Board on February 24, 1993 requesting this design change. Based on discussion and after considering public comments, the TRC determined it would be premature to modify the current design until firm development plans have been approved by the City of Wilmington for adjacent properties. In the interim, the TRC recommends denial. (~ \ ..--" Staff does not support the design modification sought by the applicant. The establishment of a cul-de-sac at this location will eliminate any further north-south access for a very large number of housing units in the area. Previous design decisions made by the County have already eliminated other possible northern connections that could have been made in the past through adjacent subdivisions. As it now stands, the existing traffic circulation pattern in this neighborhood, particularly for those trips with north-south destinations, must rely on nearby east-west cross streets to gain access to the roadways that meet their north-south k ~ .;< -. MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 569 . travel needs. Staff believes the residential traffic in the area should be dispersed to the greatest extent practical, not concentrated on a handful of east-west connector streets, such as Greenhowe Drive and pine Valley Drive. A continuation of Kirby smith Drive to Holly Tree Road would ease the burden on these neighborhood streets. There is a concern by some that the continuation of Kirby smith Drive will shift the circulation problems of the area to Kingsland Woods. Admittedly, traffic flow will increase, but there is no evidence that such an extension will overly burden that street. Without it, however, the potential to better distribute area traffic will be gone. If the City approves plans that make the connection impossible, then the issue becomes a moot point. At this time, the City shows no inclination to preclude a connection. The County will not be the approval agency for what happens to the vacant property to the north. This will occur through the subdivision preliminary design approval conducted by the City of Wilmington. The Planning Board and staff feel the County should take no action until the City has a development plan for this property. commissioner sisson reported on discussing this matter with the Volunteer Fire Departments who are concerned about emergency access with incorporating a cul-de-sac at the north end of Kirby smith Drive. Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: . Mr. Van Wyck Webb, Jr., the developer of Kingsland Woods Subdivision, presented a letter to the Commissioners and reported the requested modification has been filed to maintain the character of this quiet neighborhood. The residents do not want the road extended now or in the future. Mr. Woody Smith, a resident and representative of the Kingsland Woods neighborhood, reported the community agrees with the revision of the original preliminary plat to incorporate the cul-de-sac as proposed by the developer. The City's consideration of the future extension of Kirby smith Drive northward as the obvious choice for a connector to Lancaster and Wallington Road is not needed. There are numerous outlets from Kingsland Woods, Woodberry Forest, Beasley Road, South College Road, and Waltmoor Road. The neighborhoods are pleased with the outlet opportunities and quiet streets that now exist. Offering the opportunity for Kirby smith Drive to open through to Holly Tree Extension will allow Kirby Smith Drive to become a thoroughfare and disrupt a quiet, tranquil neighborhood. The Commissioners were requested to allow the road to remain unchanged. . Mr. Tom Connelly, a resident of Kingsland Woods, reported this is a neighborhood where adults can walk the streets and children can play and ride bicycles in the streets. If Kirby Smith Drive is used for the Holly Tree Extension, traffic will greatly increase and completely destroy the neighborhood. The Commissioners were requested to allow the road to remain unchanged. Chairman Greer closed the Public Hearing. Motion: After discussion, Commissioner sisson MOVED, SECONDED by Commissioner Barone to support the recommendation of the Technical Review Committee for denial of the appeal pending further action by the City of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson ~ ~ / I I I I , MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE, 570 Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer encouraged the residents of the neighborhood to monitor the action by the city. If a move is made toward future extension of Kirby smith Drive northward for access to Holly Tree Road, the residents should then appear before the city Council to voice their concerns. () ADOPTION OF RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING TO CLOSE AN UNNAMED ROAD STUB NORTH OF THE CROSS CREEK ROAD/EASTWIND ROAD INTERSECTION (SC-59, 7/93) Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the Resolution of Intent to hold a Public Hearing on August 2, 1993, to consider closing an unnamed road stub north of the Cross Creek RoadjEastwind Road intersection. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews - A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. ADOPTION OF RESOLUTION DECLARING THE BOARD OF COUNTY COMMISSIONERS AS THE PUBLIC MANAGEMENT ENTITY FOR ALTERNATIVE SEWAGE TREATMENT DISPOSAL SYSTEMS AND APPROVAL OF CONTRACT #94-0028 County Attorney Copley reported the State sewage rules were amended approximately a year ago to allow fo'r a greater use of alternative technology on sites unsuitable for conventional septic systems. To ensure proper inspection and maintenance of these systems, the State adopted rules requiring the creation of a Public Management Entity in order for the Health Department to issue permits for alternative systems. () The Board of Health became the Public Management Entity and has monitored all Types IV and V sewage systems. State regulations now prohibit the Health Department from monitoring all types of systems, including Type VI systems; therefore, it is necessary for the County to become the Public Management Entity for Type VI systems. The owner of the system will be responsible for paying a Certified Operator to inspect and maintain the system. The County Engineering Department will become involved if the system is not properly maintained. County Attorney Copley recommended adoption of a resolution designating the Commissioners as the Public Management Entity. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a resolution designating the New Hanover County Board of Commissioners as the Public Management Entity for the types of sewage treatment and disposal systems that cannot be inspected or monitored by the New Hanover County Health Department and to approve the contract for use between the Public Management Entity and owners of the systems. Upon vote, the MOTION CARRIED AS FOLLOWS: o Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews l ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 571 A copy of a resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. A copy of the contract is on file in the Legal Department. . ADOPTION OF AMENDMENTS TO WATER AND SEWER ORDINANCE Chairman Greer reported since one member of the Board is absent, the ordinance cannot be adopted upon the first reading; however, a vote can be taken with final adoption of the amendments at the second reading to be held on July 26, 1993. The following amendments were presented: -Change requirements and fees for mandatory taps. -Allow maximum bond amount for obtaining ten or more building permits. -Exempt industries which meet criteria from paying impact fees. The following public comments were received: . Mr. Dallas Harris, a local developer, expressed concern for having to pay an additional $1,000 surety bond in order to obtain a building permit to construct in a subdivision without a completed sewer system. The developer now provides a cash bond to build the water, sewer, and streets at the beginning of a project at a cost of $4,000 to $5,000 per lot depending on the size of the lot. Once the plat is recorded with this bond, the developer must then pay another $1,000 to acquire a building permit to guarantee the County that the sewer will be available when reaching the hook-up stage. Sewer lines are installed by the developer and given to the County. In his opinion, this is a double dip situation for builders. Much concern has been expressed for low cost housing. A developer cannot purchase a tract of land and construct low cost housing because of land and development costs that must be paid upfront. If government agencies desire to stop the development of sUbdivisions, the County is headed in the right direction. In order to provide housing for people, some of these regulations must be stopped. The building industry is the backbone that drives the economy in this county. A $100,000 house has approximately $13,000 worth of fees due to government regulations. Twenty-two agencies are now involved in a subdivision approval. The Commissioners were requested to consider the building industry a friend of the community and recognize the importance of housing and the need to curb the costs involved for developers. . Assistant County Manager, Dave Weaver, reported the County prepared this ordinance in an effort to assist the builders and reduce the large amount of money needed for the letter of credit. However, in a new subdivision as referenced by Mr. Harris, there could be a case where the developer is installing the sewer system, but the lots are being purchased by different builders. In this instance, even though a bond is posted by the developer installing the sewer, the County would not have any bond on a builder that purchases lots from the developer for the initial construction of the subdivision; therefore, the $1,000 surety bond is the County's guarantee that the builder will not try to use the sewer system from the house to the collection system before the collection system is certified and ready to use. Mr. Harris reported this does occur, but there is an understanding with the other builders that the developer has placed money in escrow that will completely furnish water, sewer, and streets in the subdivision regardless of what happens. The water and sewer for these builders has already been bonded with the upfront money by the developer, therefore, the builder is being charged an additional $1,000 for acquiring a building permit. ~ ,/~ I I MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 572 Chairman Greer inquired as to why the additional $1,000 fee is charged when the letter of credit has been posted by the developer which assures the County that the sewer will be constructed. Assistant County Manager Weaver explained the bond posted by the developer assures the County the collection system will be constructed. It does not assure that the system will be cleaned and ready for use after certification. Mr. Harris reported the County is penalizing builders because of a situation that occurred in the past where a builder constructed a home without completion or inspection of the County sewer before occupying the dwelling. () Mr. steve Aten, President of the Home Builders Association, reported the original ordinance is unfair to Mr. Harris. Mr. Harris is the developer and builder in this subdivision. In this case, Mr. Harris was required to post a bond to ensure the performance for completion of a sewer line that will be given to the County. When applying for a building permit, he now, under the proposed ordinance, will be required to pay another $1,000 per home. As to vacant lots on roads where the sewer is being installed, the $1,000 surety bond could be necessary. The Commissioners were requested to reduce the amount of costs involved with constructing homes. County Manager O'Neal emphasized the fact that staff was trying to reduce the cost to developers when preparing the proposed amendment; however, there are situations where the County needs to be protected through the $1,000 surety bond. After a lengthy discussion on the certificate of Occupancy, bond requirements, and the need to protect the County as well as being fair to the builders, the County Manager was directed to meet wi th Mr. Aten and Mr. Harris to further discuss the proposed amendments to see if an agreement can be reached. These items are to be placed on the agenda for a second reading on July 26, 1993. o MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: convene Hanover CARRIED Commissioner Caster MOVED, SECONDED by Chairman Greer to from Regular Session to hold a Regular Session of the New County Water & Sewer District. Upon vote, the MOTION AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer convened from Regular Session at 8:22 P.M. Motion: Commissioner Caster MOVED, SECONDED by Commissioner sisson to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Chairman Greer () Absent: Vice-Chairman Mathews Chairman Greer reconvened to Regular Session at 8:25 P.M. . . . ~ .:., MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 573 ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION OF APPRECIATION TO CAROLINA SAVINGS BANK AND BRANCH BANK & TRUST FOR DONATION TO URBAN PARK Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a Resolution of Appreciation to Carolina Savings Bank and Branch Bank & Trust for a donation of $100,000 for development of the Urban Park. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 11. STAFF MEETINGS CHANGED TO THURSDAY MORNINGS Commissioner Sisson recommended holding staff meetings on Thursday mornings and requested consideration of this request. Consensus: After discussion, it was the consensus of the Board to hold staff meetings on Thursday mornings at 8:30 A.M. in Room 318 of the County Administration Building, 320 Chestnut Street, Wilmington, N. C. The next staff meeting is scheduled for Thursday, July 22, 1993. RECOGNITION OF U. S. CONGRESSWOMAN EVA CLAYTON Chairman Greer recognized U. S. Congresswoman Eva Clayton and expressed appreciation for her attending the meeting. Congresswoman Clayton expressed appreciation for the warm welcome and requested the Commissioners to feel free to contact her if she can be of assistance. ADDITIONAL ITEMS - COUNTY MANAGER DESIGNATION OF VOTING DELEGATE FOR THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE County Manager O'Neal requested designation of the Voting Delegate for the N. C. Association of County Commissioners Annual Conference to be held in Durham County on August 12-15, 1993. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to designate Chairman Greer as the Voting Delegate for the Annual Conference. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews LEGISLATIVE ISSUES - REPORT ON SENTENCING REFORM PACKAGE County Manager O'Neal reported on the sentencing reform package and requested authorization for the Chairman to write a letter of support to Senator John Codington, who serves on the Judiciary I Committee, which will be considering adoption of the package. Motion: After discussion of the proposed package providing relief for overcrowding in the jails and court system, Commissioner Barone MOVED, SECONDED by Commissioner Caster to authorize the Chairman to execute a letter of support for the Sentencing Reform package to be faxed to Senator John Codington. Upon vote, the MOTION CARRIED AS FOLLOWS: ~ ~ I ! i MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 574 Voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Chairman Greer Absent: Vice-Chairman Mathews DISCUSSION OF HOUSE BILL 815 County Manager O'Neal reported on HB 815 which will allow counties to assist with thoroughfare plan implementation. This bill has been introduced for Burke County; however, other counties can join if they so desire. After discussion with the Director of the N. C. Association of County Commissioners, staff feels that New Hanover County should not request to be included in this bill, but may desire to be added later, if the bill is enacted. () Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to write a letter to Senator Jordan expressing appreciation for the status report on the Burke County bill and informing the Senator that New Hanover County does not want to be included in the bill. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews REPORT ON ADDITIONAL STATE FUNDS FOR THE MOSQUITO CONTROL PROGRAM - HEALTH DEPARTMENT County Manager O'Neal reported New Hanover County has received an additional $14,469 for the Mosquito Control Program. The Health Director, Robert Parker, was complimented for his efforts in obtaining these additional funds. () AUTHORIZATION FOR RENEWAL OF WORKER'S COMPENSATION INSURANCE County Manager 0' Neal reported the County has been participating in a pool with the N. C. Association of County Commissioners (NCACC) to provide Worker's Compensation Insurance at a reduced rate. For the first time, the NCACC Workers compensation Trust is offering deductible options. These options range from $100,000 to $350,000 per occurrence. Staff recommends implementing the $100,000 per occurrence deductible. with the County's losses capped at this level, based on prior loss experience, it does not appear the County should incur additional cost in excess of the guaranteed cost basis. Claims and loss control services will continue to be available. The base premium will decrease with the $100,000 per occurrence deductible to $157,848, which is considerably less than the annual premium of $438,467 paid last year. County Manager O'Neal reported due to the size of the County's payroll and resulting premium, some form of self insurance will have to be provided in the future. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone to authorize renewal of the Worker's Compensation Insurance with the North Carolina Association of County Commissioners Workers Compensation Trust with implementation of the $100,000 per occurrence deductible as recommended by staff. Upon vote, the MOTION CARRIED AS FOLLOWS: () voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews l ~ MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 575 . AUTHORIZATION TO FILE GRANT APPLICATION FOR Er.DERLY & DISABLED TRANSPORTATION ASSISTANCE PROGRAM FOR FY 1993-94 Assistant to the County Manager, Pat Melvin, reported the County has received notice from the N. C. Department of Transportation, Public Transportation and Rail Division that New Hanover County will receive an allocation of $34,385. The funds will be used to provide transportation services as follows: (1) for the Medicaid Eligible pregnant women and dependent children population in the amount of $5,759; and (2) for the elderly and disabled population in the amount of $28,626. The Commissioners were requested to adopt a resolution authorizing the Chairman to certify the following use of funds received: The funds received pursuant to G.S. 136-44.27 will be used to provide additional transportation services for the elderly and disabled, exceeding the quantity of trips provided prior to the receipt of these funds. The funds received pursuant to G.S.136-44.27 will not be used to supplant existing Federal, state or local funds designated to provide elderly and disabled transportation services in New Hanover County. The funds received pursuant to G.S.136-44.27 will be used in a manner consistent with the local Transportation Development Plan approved by the N. C. Department of Transportation and Board of County Commissioners. . It is understood that all semiannual allocations to the County pursuant to G.S.136-44.27 subsequent to the first allocation will be made following the receipt of the progress report for the preceding six months by the North Carolina Department of Transportation, Public Transportation and Rail Division. That any interest earned on these funds will be expended in accordance with G.S. 136-44.27 The funds received pursuant to section 220 of House Bill 83 will be used to provide additional transportation services for Medicaid Eligible pregnant women and children (ages 0-19) and will be used to satisfy the maintenance of effort requirement which means the County will increase transportation services above the level in FY 1989-90. The funds received pursuant to Section 220 of House Bill 83 will not supplant existing Federal, State or local funds designated to provide transportation services for Medicaid Eligible pregnant women and children in New Hanover County. The funds received pursuant to Section 220 of House 83 will be used in a manner consistent with the local Transportation Development Plan approved by the N. C. Department of Transportation and Board of County Commissioners. The funds received pursuant to Section 220 of House Bill 83 will not be used toward the purchase of capital requirement. . Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to authorize filing of the application and execution of the Certified Statement by the Chairman for the use of funds received pursuant to G.S. 136-44.27, the N. C. Elderly and Disabled Transportation Assistance Program, and pursuant to the Medicaid Transportation Assistance Program. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner sisson Chairman Greer ~ 4''------ / f _MINUTES OF REGULAR MEETING, JULY 6, 1993 PAGE 5,76 Absent: Vice-Chairman Mathews STATUS REPORT ON STATE LEGISLATION County Attorney Copley reported a letter has been forwarded to N. C. Representative Thomas Wright informing him that New Hanover County is opposed to the change in the formula of the Room Occupancy Tax. Also, alcoholic beverages can now be purchased at 12:00 noon on Sundays. Since the County did not have an ordinance pertaining to these hours, the State Law will be implemented in New Hanover County. () EXECUTIVE SESSION County Attorney Copley requested an Executive Session to discuss pending litigation and a personnel matter. Motion: commissioner Caster MOVED, SECONDED by Commissioner Barone to convene to Executive Session for discussion of pending litigation and a personnel matter. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer convened from Regular Session at 9:55 P.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS FOLLOWS: () Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer reconvened to Regular Session at 10:45 P.M. ADJOURNMENT Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Chairman Greer Absent: Vice-Chairman Mathews Chairman Greer adjourned the meeting at 10:46 P.M. () Respectfully submitted, ~d/~ LUCle F. Harrell Clerk to the Board