1993-07-26 Regular Meeting
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 585
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, July 26, 1993, at 9:00 A.M. in the First Floor
Assembly Room of the New Hanover County Administration Building,
320 Chestnut 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.
Vice-Chairman E. L. Mathews, Jr. was absent.
Chairman Greer called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
County Manager O'Neal gave the invocation.
Commissioner Caster 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
Chairman Greer commented on Consent Agenda Item #10 and
inquired as to whether this item should be postponed since the City
is discussing the possibility of contracting law enforcement with
the Sheriff's Department.
Sheriff McQueen reported since there appears to be a problem
with any form of a contractual arrangement, he feels the uniforms
should be ordered. Also, if law enforcement is merged in the
future, the Sheriff's Department would keep the same uniforms.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve the Consent Agenda items 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
Approval of Minutes
The Commissioners approved the minutes of the Special Meeting
of June 1, 1993; Continued Meeting of May 24, 1993; Regular Meeting
of June 21, 1993, and Regular Meeting of July 6, 1993, as presented
by the Clerk to the Board.
Approval of Budget Amendment #94-0012 - Aging/Senior Center
The Commissioners approved the following Budget Amendment:
94-0012 Aging/Senior Center
Aqinq/Senior Center
Transfer In
Debit
Credit
$1,500
Newsletter
$1,500
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Purpose: To budget community donations targeted for the Department
of Aging's newsletter expenses.
Acceptance of 1993-94 Library Services and Construction Act
Enrichment Grant (LSCA) and Approval of Budget Amendment #94-0009 -
New Hanover County Library
The Commissioners approved the following Budget Amendment and
accepted the 1993-94 Library Services and Construction Act
Enrichment grant in the amount of $13,441. The funds will be used
to update the audio book tape collection. No County match is
required.
()
94-0009 Library
credit
Debit
Librarv
LSCA Enrichment Grant
$13,441
Librarv
Books & Periodicals
$13,441
Purpose: To budget funds received from the LSCA Enrichment grant
for FY 1993-94.
Denial of Funding Request from the Fire District for Legal Fees
Associated with Funding Contracts for the Volunteer Fire
Departments
The Commissioners did not approve a Budget Amendment in the
amount of $7,000 as requested by the Fire District to cover legal
fees that may be incurred relative to County funding contracts for
the Volunteer Fire Departments. The County Manager and Emergency
Management Director recommended denial of the funding request.
Approval of Contract #94-0038 with the university of North Carolina
at wilmington for Study of Water Quality in the Major Estuarine
Creeks Throughout the County
The Commissioners approved a contract with the University of
North Carolina at Wilmington (UNC-W) in the amount of $20,000 for
a study of the major estuarine creeks throughout the County. The
study will focus on developing an understanding of the water
quality in each estuarine creek, identifying sources of pollution
and providing recommendations for short and long-term management
strategies. The contract is for the first phase and will focus
ini tially on Howe and Hewletts Creeks. Future phases will be
negotiated for other creeks on an annual basis, depending upon the
need and availability of funding. Additional matching funds for
this project are being provided by UNC-W and the Northeast New
Hanover Conservancy. The contract is for a period of 12 months
payable in quarterly installments as determined by the work
completed. The County Manager was authorized to execute the
contract documents.
()
A copy of the contract is on file in the Legal Department.
Ratification of Expenditure for the N. C. Department of
Transportation to Erect "Welcome to New Hanover county" signs at
strategic Entrances to the County
The Commissioners ratified the expenditure of $9,100 to the
North Carolina Department of Transportation for the installation of
six (6) "Welcome to New Hanover County" signs throughout the County
at the following locations:
()
1-40
US Highway
US Highway
US Highway
US Highway
US Highway
17 North
117 North
421 North
421 South
74/76
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MINUTES OF REGULAR MEETING AND WORK SESSION
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PAGE 587
The Chairman was authorized to execute the agreement required
by the N. C. Department of Transportation for completion of the
project. Funds are available in the miscellaneous account.
A copy of the agreement is on file in the Legal Department.
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Acceptance of Collection Reports through June 30, 1993
The Commissioners accepted the Tax Collection Reports through
June 30, 1993.
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXI, Page 12.
Adoption of Resolutions Requesting the Addition of Jessica Lane and
Hemlock Road to the State Maintained Secondary Road System
The Commissioners adopted resolutions requesting the addition
of Jessica Lane of Castle Hayne and Hemlock Road of Maplewood
Subdivision to the State Maintained Secondary Road System.
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXI, Page 12.
Adoption of Resolution Awarding Bid #93-0386 (Contract #93-0386) to
American uniform Sales, Inc. - Sheriff's Department
The Commissioners adopted a resolution awarding the low bid in
the amount of $33,638.25 to American Uniform Sales, Inc. for the
provision of uniforms to the Sheriff's Department. The Chairman
was authorized to execute the contract documents.
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A copy of the resolution reflecting the listing of bidders is
hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXI, Page 12.
A copy of the contract is on file in the Legal Department.
Adoption of Resolution Awarding Bid #94-0029 (Contract #94-0029) to
Business Records corporation - Board of Elections
The Commissioners adopted a resolution awarding the only bid
received to Business Records Corporation in the amount of $34,540
for the purchase of electronic voting machine equipment for the
Board of Elections. 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 12.
Denial of Offer to Purchase Approximately Four (4) Acres of County
Owned Property Adjacent to the Juvenile Center
The Commissioners denied an offer to purchase approximately
four (4) acres of County-owned property adjacent to the Juvenile
Center based upon a substantial difference in the value of the
property and the unsolicited offer. The Tax Department valued the
property at $12,000 to $15,000 per acre, which is considerably more
than the $4,000 per acre offered.
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Approval of Expansion Transmission Line Easements for Carolina
Power & Light Company for Two County Parcels
The Commissioners granted an expansion of transmission line
easements from 30 feet to 50 feet wide on two County parcels known
as the former D. Royal property and Liquidating Trust property.
The purpose of the expansion is to improve the reliability of the
power transmission line feeding the U. S. Highway 421 North
industrial corridor from CP&L's Eagle Island substations. The
Chairman was authorized to execute the easement agreement.
Authorization to Reclassify Position Titles of Three (3)
weighmaster positions to Tip Floor Attendants
The Commissioners authorized reclassifying position titles of
three (3) Weighmaster positions to Tip Floor Attendants. During
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MINUTES OF REGULAR MEETING AND WORK SESSION
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PAGE 588
the budget process, the titles were inadvertently changed and need
to be corrected.
Award of Contract #94-0050 to Soils & Materials Engineers, Inc. for
Soils Testing at the Landfill
The Commissioners awarded a contract to Soils and Materials
Engineers, Inc. for soils testing as required to construct Cell No.
4A at the proposed fee schedule and estimated cost of $1,796. The
testing is a condition of the Solid Waste Permit for construction
of the cell. The Chairman was authorized to execute the contract
document.
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A copy of the contract is on file in the Legal Department.
Award of Contract #93-0394 to Environmental Investigations for
Installation of Monitoring Wells at the Landfill
The Commissioners awarded the low bid to Environmental
Investigations in the amount of $9,000 for installation of four (4)
monitoring wells at the County Landfill. Four informal bids were
received as follows:
Environmental Investigations
Spatco
Clark Environmental
Law Engineering
Richard Catlin & Associates
$ 9,000.00
$13,076.50
$10,399.00
$ 9,470.00
$ 9,240.00
The County Manager was authorized to execute the contract
documents.
A copy of the contract is on file in the Legal Department.
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Award of Contract #94-0051 to Post, Buckley, Schuh & Jernigan, Inc.
for Quality Assurance Testing at the Landfill
The Commissioners approved a contract with Post, Buckley,
Schuh & Jernigan, Inc., the low bidder, to perform liner quality
assurance testing at $50 per test for the landfill construction
project. The total amount of the contract is $3,217. The Chairman
was authorized to execute the contract documeryts.
A copy of the contract is on file in the Legal Department.
PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS
Chairman Greer, on behalf of the Board, recognized and
presented service awards to the following County employees for
their years of dedicated service:
Ronnie Ansback, Engineering Department
Wayne Bailey, Sheriff's Department
Georgia Fredere, Dept. of Social Services
Patricia Johnson, Health Department
Merrily Locke, Human Relations
James Meadows, Sheriff's Department
Bobby Waters, Health Department
Mary Antley, Sheriff's Department
Burris Fowler, Inspections Department
Betty Maynard, Sheriff's Department
Elizabeth Potter, Tax Department
Ruby Holiday, Register of Deeds
5 years
5 years
5 years
5 years
5 years
5 years
5 years
10 years
10 years
10 years
10 years
10 years
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The following employees were not able to attend the meeting
and Service Awards will be issued by the Human Resources
Department:
Jerry Eakins - Environmental Management
Stephen Edens, Environmental Management
Teresa Elmore, Governing Body
Barbara Favreau, Environmental Management
5 years
5 years
5 years
5 years
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 589
James Jones, Environmental Management
Robert Pierce, Emergency Management Services
willie springer, Environmental Management
Elinda Myers, Sheriff's Department
Martha Robinson, Health Department
Mary Ann Walton, Human Resources
5 years
5 years
5 years
10 years
10 years
15 years
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APPROVAL OF NAME FOR THE URBAN PARK AND APPROVAL OF AMENDMENT TO
THE INTERLOCAL AGREEMENT BETWEEN NEW HANOVER COUNTY AND THE CITY OF
WILMINGTON FOR DEVELOPMENT OF THE URBAN PARK
County Manager O'Neal reported the Urban Park Advisory
Committee has recommended "Carolina Courtyard" as the name for the
Urban Park in recognition of the years of service to the community
by Carolina Savings Bank and the recent donation which has enabled
full development of the park.
The Commissioners were also requested to approve an amendment
to the Interlocal Agreement between New Hanover County and the City
of Wilmington to enable the City to assume responsibility for
management of the project during construction. Due to the
vacancies in the number of key County positions, the Deputy County
Manager, Parks Director, and Arboretum Coordinator, the assistance
of the City to provide project management would be most beneficial.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to name the park "Carolina Courtyard" and approve an amendment to
the Interlocal Agreement between the City and County which will
enable the City to assume responsibility for management of the
project during construction. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent:
Vice-Chairman Mathews
A copy of the amended Interlocal Agreement is on file in the
Legal Department.
ADOPTION OF CAPITAL PROJECT ORDINANCE FOR THE COMMUNICATIONS TOWER
AND APPROVAL OF BUDGET AMENDMENT #95-002
County Manager O'Neal requested the Commissioners to adopt the
Project Ordinance and Budget Amendment for the Communications Tower
Capital Project. The estimated cost of the project is $225,000 to
be financed through an installment loan and paid by the Fire
Service District.
Chairman Greer inquired as to project cost since the amount
previously discussed was $250,000 for the entire project?
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County Manager O'Neal reported he will check into this matter.
The Commissioners were requested to approve the Capital Project
Ordinance as presented, and if a correction is needed, the
ordinance will be placed on the next agenda.
commissioner Barone inquired as to the life of the contract,
the repayment schedule, and if the interest rate is fixed? Also,
for the record, the tower could last for another year without
falling; however, the Volunteer Fire Departments are concerned
about the height of the tower, which is not adequate for the
provision of additional radio Iservices to more agencies.
County Manager O'Neal reported the payments are less than five
years and a fixed rate will be negotiated when the project is
started.
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Commissioner sisson reported the Fire Commission does not feel
the communications tower should be funded by the Fire District tax
because other agencies will be using the tower; however, the Fire
Commission initiated the idea since an 800mhz system could not
function without construction of a new tower.
Motion: After discussion of the County being the lead agency for
installation of an 800mhz system, if and when this occurs,
Commissioner sisson MOVED, SECONDED by Commissioner Caster to adopt
the Project Ordinance as presented and approve the following Budget
Amendment for construction of the communications tower. Upon vote,
the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
94-002 - Communications Tower Capital Project
Debit
Credit
Communications Tower
Installment Loan Proceeds
$225,000
Communications Tower
Capital Project Expense
$225,000
Purpose: To establish project budget for the Communications Tower
capital project according to the Project Ordinance. The revenue
will be from installment loan proceeds to be paid by the Fire
Service District.
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A copy of the capital ordinance is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXI, Page 12.
CONSIDERATION OF MEMBERSHIP IN THE EASTERN NORTH CAROLINA CHAMBER
OF COMMERCE
County Manager 0' Neal reported the... County is no longer a
member of the Eastern North Carolina Chamber; however, the newly
formed Eastern North Carolina County Council has been fairly active
in promoting eastern North Carolina and pursing highway funding.
The Commissioners were requested to decide if they wish to join the
n~w group at an annual membership fee of $200. The funds are not
budgeted for this fiscal year.
Motion: After discussion of this organization being of no specific
benefit to the County in the past, Commissioner Barone MOVED,
SECONDED by Commissioner Caster to notify the Eastern North
Carolina Chamber of Commerce that New Hanover County is not
interested in joining this organization at this time. Upon vote,
the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
o
Absent:
Vice-Chairman Mathews
SECOND READING OF AMENDMENTS TO THE NEW HANOVER COUNTY WATER ,
SEWER ORDINANCE
County Engineer, Wyatt Blanchard, presented the following
amendments to the Water & Sewer Ordinance for the second reading:
1) Amendment to Service Connection Fees: The proposed
amendment would charge a $400 tap fee instead of $200 tap fee
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MINUTES OF REGULAR MEETING AND WORK SESSION
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PAGES'9-1
for persons who delay more than six months in connecting to
the sewer system upon availability.
Discussion was held on establishing a date of availability in
order to properly charge the late fee. County Engineer Blanchard
reported letters of notification are mailed with a 6-month deadline
established.
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commissioner Barone expressed concern for the hardship that
could be placed on the elderly when trying to pay a $700 to $1,000
charge for connecting to the system and inquired as to whether a
financing program can be developed for these persons?
commissioner Sisson agreed with Commissioner Barone and
reported many homes were constructed without consideration of the
sewer; therefore, some homes will involve a great deal of distance
for connecting to the sewer system. Perhaps, a criteria should be
developed for the elderly on fixed incomes and disabled persons.
County Manager O'Neal reported staff will be glad to check
into this matter and prepare a recommendation.
Motion: After discussion of the need to create an incentive for
persons to connect to the system within the six-month period,
Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt
an amendment charging a $400 tap fee to persons who do not connect
to the sewer system within six months upon availability. Upon
vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent:
Vice-Chairman Mathews
2) An Amendment to Allow more Flexible Bonding for Developers
to Obtain Building Permits: This ordinance requires no more
than a $5,000 bond 'for anyone builder regardless of the
number of units being constructed by that builder. Also, the
language is expanded in the sewer construction bond posted by
the developer to cover all sewer certification bond
requirements for all builders utilizing the new subdivision.
Motion: commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt the amendment placing a $5,000 limit on development of
lots by a single developer in a subdivisio~. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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3) An Amendment to Exempt Industries from Paying Impact Fees
on Industrial Wastewater under Certain Criteria: The
amendment exempts industries with NPDES permits to maintain a
wastewater treatment facility to cover the average daily
wastewater flow based on certain criteria from the impact fee.
This amendment does not exempt any non-process domestic
wastewater. Also, if the District's wastewater system becomes
available to a non-residential unit having industrial
wastewater, the impact fee shall be paid prior to connection.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to approve the amendment exempting industries with NPDES permits
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that meet the criteria contained in the ordinance from paying the
impact fee. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent:
Vice-Chairman Mathews
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Copies of the amendments
hereby incorporated as a part
Exhibi t Book XXI, Page 12.
codified into the New Hanover
to the Water & Sewer Ordinance are
of the minutes and are contained in
The amendment ordinances will be
County Code.
DISCUSSION OF RESOLUTION DESIGNATING NEW HANOVER COUNTY AS THE
AGENCY TO CONDUCT AND FINANCE THE REQUIRED REMEDIAL DESIGN AND
ACTION FOR THE CLEAN-UP OF THE AIRPORT BURN PIT
Director of Environmental Management, Ray Church, requested
the Commissioners to adopt a resolution to provide a good faith
offer to EPA stating the County, as a Principal Responsible Party,
will help finance and conduct the remedial design and action for
the clean-up of the Airport Burn pit. EPA has been notified of the
County's interest in proceeding with the clean-up and negotiations
have begun with the other Principal Responsible Parties, the City
of wilmington; the U. S. Corps of Engineers; and Cape Fear
Community College. Adoption of the resolution will make a good
faith offer to EPA for performance of the work by the deadline of
August 2, 1993. The estimated capital cost of the remedial action
is approximately $816,000 with estimated operating costs over a
four-year period of $1,000,000. The identified Principal
Responsible Parties will be expected to pay the cost of this work.
Also, EPA has requested payment of $685,000 for the response cost
to date. The County has not negotiated the percentage share among
the Principal Responsible Parties but each party paid one-fourth of
the cost of the soil removal action that has already been
performed.
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After study and review, staff recommends allowing the
Principal Responsible Parties to conduct the work for the remedial
action and design instead of EPA, which will save the County a
considerable sum of money. The Commissioners were requested to
adopt the resolution as presented.
Chairman Greer inquired as to whether the County can negotiate
with EPA to utilize the GW1 Alternative, which is to continue to
monitor the site, instead of the GW3 Alternative as proposed?
Director Church reported the GW1 Alternative has been
discussed; however, EPA has proposed use of the GW3 Alternative due
to groundwater standards. This item can be further discussed with
EPA during the preparation of the Consent Order; however, it is
unlikely the alternative will be changed. Many items will require
further negotiation; for example, the U. S. Corps of Engineers
cannot enter into the Consent Order due to federal law prohibiting
one federal agency entering into an agreement against another
federal agency; therefore, a buy-out clause will be negotiated.
()
Chairman Greer reported on the 30 foot wall of clay which
protects the aquifer from contamination; therefore, the
contamination in the burn pit is 30 feet up and moves only 10.05
feet per' year. Concern was expressed for being requested to spend
$1,800,000 or more to drill wells and pump water to the city's
Wastewater Treatment plant instead of installing monitoring wells
to ensure no contamination occurs on the site at a cost of
approximately $100,000. Chairman Greer inquired as to what avenue
the County can pursue to persuade EPA to allow the County to select
the GW1 Alternative?
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MINUTES OF REGULAR MEETING AND WORK SESSION
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Director Church reported EPA and state groundwater standards
do not allow any impact on groundwater throughout the state;
therefore, this alternative cannot be considered. After the
remedial action has been performed by the County, which is quite
costly, and the one part per billion benzene cannot be achieved, at
this point EPA will probably allow the County to reclassify the
groundwater. Staff does not feel EPA will be lenient in the action
being requested and if the proposal is not adopted, EPA will
perform the work and the cost will be dramatically increased.
Funding in the amount of $400,000 has been appropriated in the FY
1993-94 Budget, which will enable the County to begin the required
remedial design and action for the clean-up of the Burn pit.
A lengthy discussion was held on the responsible parties
involved and the remedial design action that is required by the
state of North Carolina and EPA. Chairman Greer reported, for the
record, he cannot support spending $1,800,000 million for the
clean-up when, in his opinion, the removal of the contaminated soil
and continued monitoring is sufficient. This is a typical example
of the federal government asking a local government to spend
unnecessary money.
commissioner Sisson reported if the County does not perform
the work, EPA will perform the work at a much higher cost. Concern
was expressed for the other responsible parties paying their fair
share.
Chairman Greer reported the County has 60 days to make an
offer; therefore, he feels the GW1 Alternative should be pursued.
Director Church reported the deadline for the 60 days is on
August 2, at which time, a second 60 days will be allotted for
negotiation with EPA and how this clean-up will be shared by the
responsible parties. If the County enters into a buy-out agreement
with the u.s. Corps of Engineers, the Corps could initially fund
its 25% which would delay the County's cost into next year or the
following year.
Director Church reported the other responsible parties should
contribute their share and initially, if a buyout agreement is
reached with the U. S. Corps of Engineers, this 25% funding will
delay the County's funding until the next year. In summary, the
County will be responsible for the burn pit clean-up, and the
expense is absorbent.
County Manager O'Neal reported the recommendation proposed
will cost the County the least amount of money and at the same time
satisfy the needs of EPA. In his opinion, the County should
proceed with performance of the remedial design for the burn pit
clean-up as recommended by staff.
County Attorney Copley reported if EPA is allowed to perform
the clean-up, it will be much more costly and ultimately, if the
County does not proceed with the recommendations of EPA, a lawsuit
will be filed against the County.
Chairman Greer recommended notifying EPA of the County's good
faith offer for correction of the problem with negotiating to
utilize Alternative GW1 instead of GW3. The County will pay the
$685,000 for cost to date and proceed with the clean-up.
Director Church reported the project has been delayed for one
year and EPA has worked with the County in cleaning up the burn
pit; therefore, he feels the County should proceed with the
remedial design and continue to negotiate for the GW1 Alternative.
Commissioner Sisson volunteered to request U. S. Congressman
Rose and/or one of his representatives to sit in on the
negotiations with EPA to protect the County's interest.
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commissioner sisson recommended declaring the County's intent
and attempt to reopen negotiations on the type of remediation that
would be acceptable.
Motion: After further discussion, Chairman Greer MOVED, SECONDED
by Commissioner Barone to negotiate with EPA by making a good faith
offer in a timely manner as follows: (1) inform EPA that the County
is willing to pay the $685,000; (2) inform EPA the County would
like to use Alternative GW1; (3) involve the local Congressional
Delegation in the EPA negotiations to protect the County's
interest; and (4) instruct staff to work with the responsible
parties for payment of their fair share. The floor was opened for
discussion.
()
Director Church reported if EPA does not accept the request
for use of the GW1 Alternative, the County will not be allowed to
enter into the Consent Order with no further negotiations, which
means the County will be back to step one. EPA has already looked
at the alternatives and recommended use of the GW3 Alternative.
commissioner sisson inquired as to whether a phased
implementation of the project can be developed in order to spread
out the costs?
Director Church reported the County will have a year to plan
for the clean-up costs. The Consent Order must be negotiated and
filed as well as a Work Plan prepared and adopted.
commissioner sisson expressed concern for the County being
trapped into a more costly situation and inquired as to the length
of time for negotiations with relative to the second 60-day
deadline?
Director Church reported staff will move as quickly as
possible to negotiate with all par~ies involved. Meetings will be
held with EPA in Atlanta or in Wilmington. Staff will make a good
faith offer from the Board of County Commissioners along with the
Wilmington City Council, Board of Cape Fear Community College; and
Corps of Engineers,
()
County Manager O'Neal requested authorization to call a
Special Meeting about this issue, if necessary, in order to avoid
the County being penalized.
Chairman Greer agreed and emphasized the importance of not
penalizing the County. The Board will be glad to meet on short
notice in order to protect the County's interest.
Chairman Greer called for a vote on the MOTION.
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
Absent: Vice-Chairman Mathews
BREAK
Chairman Greer called a break from 10:27 A.M. until 10:50 A.M.
()
APPOINTMENTS TO THE NURSING HOME ADVISORY COMMITTEE
Chairman Greer reported three vacancies exist on the Nursing
Home Advisory Committee and four applications have been received.
Chairman Greer opened the floor to receive nominations:
Chairman Greer nominated Edward V. Grace. The nomination was
seconded by Commissioner Caster.
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MINUTES OF REGULAR MEETING AND WORK SESSION PAGE 595
JULY 26, 1993
commissioner Barone nominated Anne Hardaway. The nomination
was seconded by Commissioner Sisson.
commissioner Caster nominated William C. Morine. The
nomination was seconded by Commissioner Barone.
There being no further nominations, Chairman Greer declared
the nominations closed.
Consensus: It was the consensus of the Board to appoint the three
persons nominated for the three vacancies on the Nursing Home
Advisory Committee for a period of one year with the terms expiring
August 17, 1994.
APPOINTMENT OF JOYCE FERNANDO AND JAMES WOLLE TO SERVE ON THE
PLANNING BOARD
Chairman Greer reported two vacancies exist on the Planning
Board and 19 applications have been received. One applicant, Mr.
William Grathwol, now serves on the Planning Board and is eligible
for reappointment.
Chairman Greer emphasized the importance of appointing members
from the various geographical areas of the County and opened the
floor to receive nominations:
commissioner sisson nominated Dr. Judith Wynnemer.
-,
Commissioner Barone" nominated Joyce Fernando.
Commissioner Caster nominated Donald A. Edlund.
Chairman Greer nominated James L. Quinn.
commissioner Barone nominated William P. Sineath, III.
Chairman Greer nominated William Grathwol for reappointment.
commissioner Sisson nominated J. Clark Hipp.
commissioner Caster nominated James E. Wolle.
commissioner Sisson reported on the importance of appointing
members from a cross-section of the community and stated four of
seven members currently serving on the Planning Board are directly
or indirectly related to the building or real estate industry.
Vote: Chairman Greer called for a vote on the appointment of Dr.
Judith Wynnemer. ONE VOTE WAS RECEIVED from Commissioner Sisson;
therefore, Dr. Wynnemer was not appointed to serve on the Planning
Board.
Vote: Chairman Greer called for a vote on the appointment of
Donald A. Edlund. NO VOTES WERE RECEIVED with no appointment made.
Vote: Chairman Greer called for a vote on the appointment of James
E. Wolle. ONE VOTE WAS RECEIVED from Commissioner Caster;
therefore, Mr. Wolle was not appointed to serve on the Planning
Board. '
Vote: Chairman Greer called for a vote on the appointment of Joyce
Fernando. THREE VOTES WERE RECEIVED from Commissioner Barone,
Commissioner caster, and Commissioner Sisson. Ms. Fernando was
appointed to serve a three-year term on the Planning Board to
expire July 31, 1996.
Vote: Chairman Greer called for a vote on the appointment of
William P. Sineath, III. NO VOTES WERE RECEIVED with no
appointment made.
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 596
Vote: Chairman Greer called for a vote on
William Grathwol. ONE VOTE WAS RECEIVED
therefore, Mr. Grathwol was not appointed to
Board.
the reappointment of
from Chairman Greer;
serve on the Planning
Vote: Chairman Greer called for a vote on the appointment of James
L. Quinn. TWO VOTES WERE RECEIVED from Commissioner Barone and
Chairman Greer; therefore, Mr. Quinn was not appointed to serve on
the Planning Board.
n
Vote: Chairman Greer called for a vote J. Clark Hipp. ONE VOTE
WAS RECEIVED from Commissioner Sisson; therefore, Mr. Hipp was not
appointed to serve on the Planning Board.
Consensus: It was the consensus of the Board
of Donald Edlund and William P. Sineath, III
received for appointment of these applicants.
be taken on the remaining applicants.
to remove the names
since no votes were
A second vote is to
Second Vote: Chairman Greer called for a vote on the appointment
of Dr. Judith Wynnemer. ONE VOTE WAS RECEIVED from Commissioner
sisson.
Second Vote: Chairman Greer called for a vote on the reappointment
of William Grathwol. ONE VOTE WAS RECEIVED from Chairman Greer.
Second Vote: Chairman Greer called for a vote on the appointment
of James E. Wolle. THREE VOTES were received from commissioner
Barone, Commissioner caster, and commissioner sisson. Mr. Wolle
was appointed to serve a three-year term to expire July 31, 1996.
POSTPONEMENT OF APPOINTMENT OF A COUNTY COMMISSIONER TO SERVE ON
THE ADVISORY BOARD OF KEEP AMERICA BEAUTIFUL
Chairman Greer reported on being unable to attend the meeting
of the Advisory Board of Keep America Beautiful due to a lack of
time and requested another Commissioner to serve on this board.
n
Consensus: After discussion, it was the consensus of the Board to
see if Vice-Chairman Mathews would be interested in serving on this
Board.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to convene from Regular Session to hold a Regular Meeting of the
Water & Sewer District. 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 11:05 A.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS
FOLLOWS:
n
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer convened to Regular Session at 11:10 A.M.
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 597
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
.
DISCUSSION OF LETTER RECEIVED FROM THE WILMINGTON CITY COUNCIL
REQUESTING THE COUNTY TO CONTRACT WITH THE SHERIFF'S DEPARTMENT FOR
MANAGEMENT OF THE WILMINGTON POLICE DEPARTMENT
Chairman Greer reported on a letter received from Mayor Don
Betz requesting the Board of County Commissioners to consider a
proposal for the City of Wilmington to contract with the New
Hanover County Sheriff's Department for the management of the City
Police Department. The Commissioners were requested to respond to
this request as of August 17, 1993. The floor was opened for
discussion.
Chairman Greer expressed concern for contracting the service
and asking the Sheriff to manage two law enforcement groups;
however, he would consider the possibility of merging the City
Police Department with the Sheriff's Department.
Commissioner Caster reported the City and County should
continually look for consolidated efforts and, in his opinion, law
enforcement is an area to be considered. However, contracting this
service would not be satisfactory from a management point of view;
therefore, he would recommend establishing an Ad Hoc Committee to
explore the possibility of consolidating the two law enforcement
departments.
.
commissioner Sisson reported on the number of reports and
administrative staff manhours involved with trying to consolidate
the City and County Parks Departments, which was not successful.
He cautioned rushing into consolidation of law enforcement, which
is a vital service to the community, and stated in order to support
this proposal, time is needed to thoroughly review and study the
merger.
Sheriff McQueen reported contracting with the Sheriff's
Department to manage the Wilmington City Police Department would be
impossible without approval by the Board of County Commissioners.
Also, in his opinion it would be difficult to operate two separate
law enforcement departments; however, he would consider a complete
merger of the departments. ' Time will be required for a successful
merger, and as a matter of information, this would be the first
merger of this type in the State of North Carolina.
Commissioner Barone inquired as to whether this is a political
issue?
Sheriff McQueen reported consolidation is a political issue;
however, the merger of law enforcement would remove some of the
politics. The merger could save money, but this fact could not be
verified until a plan is developed.
Commissioner Sisson commented on City elections to be held in
October and recommended no action on this matter until after the
elections.
.
Motion: After further discussion, Chairman Greer MOVED, SECONDED
by Commissioner Barone to authorize the Chairman to write a letter
to Mayor Betz informing the Wilmington City Council of the County's
desire to consider the possibility of merging law enforcement.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
ADDITIONAL ITEMS - COUNTY MANAGER
PAGE 598
ACCEPTANCE OF GRANT AWARD FOR PROJECT INTERDICTION AND APPROVAL OF
BUDGET AMENDMENT 94-008 - SHERIFF'S DEPARTMENT
County Manager O'Neal reported the Sheriff's Department has
been awarded a grant from the Governor's Crime commission in the
amount of $73,447. These funds are to be used to establish a Drug
Interdiction Task Force to focus on intercepting drugs coming into
the area. The grant requires a 25% match in the amount of $24,482,
which will be paid from unexpended Federal Forfeited Property
revenues. The Commissioners were requested to accept the grant and
approve the associated Budget Amendment.
()
Motion: Commissioner Caster, MOVED, SECONDED by Commissioner
Sisson to accept the grant award in the amount of $73,447,
authorize the County Manager to execute the necessary documents,
approve the two new positions, and approve the following Budget
Amendment. If the grant should be eliminated, the positions will
be terminated. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Budget Amendment
Interdiction
Sheriff's
Absent: Vice-Chairman Mathews
94-008
Sheriff's Dept./Proiect Interdiction
Federal Grant
Sheriff's Dept./Federal Forfeited Property
Federal Forfeited Property
Sheriff's Dept./Proiect Interdiction
Salaries
FICA
Retirement
Insurance
401-K
Travel
Supplies
Capital Outlay
Motor Vehicles
Department Project
Debit Credit
$73,447
$24,482 ()
$46,520
3,559
1,972
4,632
2,326
7,000
2,920
4,000
25,000
APPROVAL OF GRANT APPLICATION FOR THE CONGREGATE HOUSING SERVICES
PROGRAM - DEPARTMENT OF AGING
County Manager O'Neal reported the Department of Aging was
selected by the Mid-East Commission as one of three sites for the
Enhanced Assisted Living Program. Due to a limited time frame, the
County agreed to participate in the application, with full
acknowledgement that a final decision, if awarded the grant, must
be made by the Board of County Commissioners. The County match
will not require additional funding, but does obligate staff
services and other resources. The grant application was
disqualified on a technicality because the Commissioners had not
approved the match. An effort is being made to have the
disqualification rescinded. The Commissioners were requested to
approve the grant application and certify the County match, pending
award of the grant.
o
Aging Director, Annette Crumpton, reported this
grant that will provide services to the elderly in
rather than placing them in Nursing Homes.
transportation will be provided to older adults.
is a 5-year
their homes
Meals and
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 599
commissioner Barone inquired as to whether the present staff
will be able to provide the services and could volunteers be
utilized on the weekends?
.
Ms. Carolyn Soders, a representative of COG, reported
additional staff will be hired, which has been included in the cost
of the project. These persons will be informed that if funds are
terminated the positions will be eliminated.
Director Crumpton reported the project does include the cost
of meals on weekends, which will be provided by Cape Fear Memorial
Hospital.
commissioner Barone inquired as to why the price per meal is
so much higher in the proposed grant, when meals provided by the
Senior Center are $2.16 per meal?
Director Crumpton reported the cost of the meals is the full
cost which includes the Department of Aging's operating costs.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to approve the grant application as presented and certification of
the County match if the grant is awarded. If the grant is awarded,
it is understood that the two new positions will be eliminated if
grant funds are terminated for the program. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
.
Absent:
Vice-Chairman Mathews
ANNOUNCEMENT OF LYNN SMITHDEAL AS DIRECTOR OF THE UNITED WAY
CAMPAIGN FOR NEW HANOVER COUNTY
County Manager O'Neal announced that Lynn Smithdeal, a Social
Worker at the Department of Social Services, has been selected as
the County's united Way Campaign Director. The goal for next year
is $30,500.
REPORT ON ONCE A MONTH INFORMAL MEETINGS WITH CHAIRMAN OF HOSPITAL
BOARD OF TRUSTEES AND HOSPITAL PRESIDENT
Commissioner Caster reported in an effort to improve
communications, informal luncheons have been held among the
Chairman of the Hospital Board of Trustees, the President of the
Hospital, and himself to discuss hospital activities. Hospital
Chairman Lees and President Hobbs have requested that another
County Commissioner be invited the attend the monthly meetings on
a rotating basis. Commissioner Sisson attended the last monthly
meeting; therefore, he will be contacting another Commissioner to
attend next month's luncheon.
.
CONCERN FOR PROBLEMS INCURRED WITH INSPECTIONS ON NEW HOMES
Commissioner Sisson reported on receiving a call concerning
problems experienced with inspections on new housing and the
inability to meet with appropriate County personnel to resolve the
problems. Discussion has been held with the County Manager and a
presentation could be made in the future on how inspections occur.
REPORT ON NACo CONFERENCE
Commissioner Barone commented on the 58th Annual NACo
Conference held in Chicago, Illinois, and reported many informative
Workshops were attended. A report will be prepared and forwarded
to the Commissiqners on the topics of discussion. New Hanover
County is facing the prdbl~ms being experienced throughout the
nation, particularly with reference to unfunded mandates.
J
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 600
Chairman Greer reported it was amazing to learn how many
counties throughout the Country have become involved in requesting
states and the federal government not to just stop mandates, but to
stop mandates without funding.
DISCUSSION ON GLOBAL TRANS PARK
Commissioner sisson expressed appreciation to commissioner
Barone for the information and map forwarded on the Global
Transpark. He inquired as to whether the consultant's feasibility
study has been completed?
()
commissioner Barone reported this study should be completed
near the end of the year.
commissioner Caster commented on the $10 million appropriated
by the General Assembly and reported the Legislature was not in
favor of using the sales tax as a revenue source.
Commissioner Barone reported the Speaker of the House, Dan
Blue, was not comfortable with use of the sales tax; therefore,
some type of a license fee is being considered. Once a decision is
made, a report will be forwarded to the Commissioners.
BREAK
Chairman Greer called a break from 11:35 A.M. until 11:49 A.M.
EXECUTIVE SESSION
Chairman Greer requested an Executive Session to discuss
property acquisition.
Motion: commissioner Caster MOVED, SECONDED by Commissioner Barone
to convene from Regular Session to Executive Session for discussion
of property acquisition.
()
Chairman Greer convened to Executive Session at 11:50 A.M.
Motion: commissioner Caster 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 convened to Regular Session at 12:54 A.M.
ADJOURNMENT
Motion: commissioner Sisson 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 12:55 A.M.
Respectfully submitted,
~dYl~
Lucie F. Harrell
Clerk to the Board
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MINUTES OF REGULAR MEETING AND WORK SESSION
JULY 26, 1993
PAGE 601
WORK SESSION ON EMERGENCY RESPONSE AND RECOVERY DURING DISASTERS
The New Hanover County Board of Commissioners held a Work
Session on Monday, July 26, 1993, at 2:05 P.M. in Room 501 of the
New Hanover County Administration Building, 320 Chestnut 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; and Clerk to the Board, Lucie F. Harrell.
Vice-Chairman E. L. Mathews, Jr. was absent.
Chairman Greer called the Work Session to order and stated the
purpose of the meeting is to discuss the responsibilities of the
Board during emergency disasters.
.
PRESENTATION ON EMERGENCY MANAGEMENT DURING DISASTERS
Director of Emergency Management, Dan Summers, reported in the
event of an existing or threatened State of Emergency endangering
the lives, safety, health and welfare of the people within New
Hanover County, the Chairman of the Board of Commissioners is
authorized and empowered by State statute to issue a public
proclamation declaring to all persons that a State of Emergency
exists. The Chairman can place any restrictions or prohibitions
necessary to protect the lives and property of people within the
County, such as evacuation; imposing curfews; restrict the
possession, consumption, or transfer of alcoholic beverages;
restrict possession, transportation, and transfer of dangerous
weapons and substances; restrict access to areas; and prohibit the
movements of people in public places. The Chairman is also
empowered to terminate the entire declaration of emergency or
remove the prohibitions and restrictions when no longer needed.
Discussion was held on the opening of the Emergency Operations
Center (EOC) in the Law Enforcement Center and the recovery process
after a disaster. Emphasis was focused on the need to have well
developed plans with all persons being informed of the chain of
command and their roles in the process.
An exercise was presented on a hurricane threatening the
Atlantic Coastline. Emphasis was placed on the fact that Emergency
Management would rather call for an evacuation than take a chance
on endangering the lives of the public. Lists were presented of the
Control Group and the location of area shelters in New Hanover
County . Shelters will not be opened simultaneously. Public
announcements regarding shelter openings will be made by the Public
Information Officer in coordination with the Emergency Operations
Center and Red Cross.
.
Discussion was held on the need to allow employees involved in
the operation of the Emergency Operations Center (EOC) to leave
their jobs and prepare to protect their families and homes before
full emergency plans are implemented by the EOC. Further
discussion was held on the importance of dealing with the news
media and correctly disseminating information. The Public
Information Officer is responsible for dispersing information, and
this office is separately housed in the Judicial Building. It was
also requested that a County Commissioner be present at all times
in the Emergency Operations Center during a state of Emergency.
Chairman Greer expressed appreciation to Emergency Management
Director, Dan Summers, for the briefing and adjourned the meeting
at 3:30 P.M.
Respectfully submitted,
~v./ x/~
Lucie F. Harrell
Clerk to the Board
'~