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1993-07-26 Regular Meeting . . . ~ 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 j (- , I l 1 I l MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 PAGE 586 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 ~ MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 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. . 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. . 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. . 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 j /---- ( I MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 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. () 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. () 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 () 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 ~ 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 . 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: . 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? . 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. j (- , , l MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 PAGE 590 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: () 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. () 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 ~ MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 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. . 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: . 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 . 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 j ( I ! \ l MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 PAGE 592 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 n , / 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. () 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? . . . ~ MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 PAGE 593 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. j r ( I ! \ l MINUTES OF REGULAR MEETING AND WORK SESSION JULY 26, 1993 PAGE 594 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. . . . ~ 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. j ( 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. ~ 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 j ('--- 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 ~ 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 ( I 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 :~- ~ 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 '~