1993-08-16 Regular Meeting
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MINUTES OF REGULAR MEETING, AUGUST 16, 1993
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PAGE 625
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 16, 1993, at 9:00 A.M. in the New Hanover
County Administration Building First Floor Assembly Room, 320
Chestnut Street, Wilmington, North Carolina.
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Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Rabbi Albert Gordon gave the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda. No
presentations or comments were received.
APPROVAL OF CONSENT AGENDA
.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
APPROVAL OF MINUTES
The Commissioners approved the minutes of the Special Meeting
of July 13, 1993; Regular Meeting of July 26, 1993; and Work
Session of July 26, 1993, as presented by the Clerk to the Board.
ACCEPTANCE OF MINI-GRANT "WINNING SHOTS" AND APPROVAL OF AMENDMENT
#94-0018 - HEALTH DEPARTMENT
The Commissioners accepted the mini-grant "Winning Shots" in
the amount of $25,000 to hire one full-time medical office
assistant to establish tracking records of children 0 to 2 years of
age and to conduct fOllow-up delinquent immunizations. The project
is for 12 months and may be renewable; however, the employee will
be informed in writing that if the grant is terminated, the
position will be eliminated. The following Budget Amendment was
approved to budget the grant funds:
94-0018 Health Department/Epidemiology 94-0018
Debit
Credit
Health Dept./Epidemiology
lAP State Grant
$25,000
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Salaries & Wages
FICA
Retirement
Medical Insurance
Disability Insurance
Employee Reimbursement
Printing
Departmental Supplies
$15,242
$ 1,166
$ 759
$ 2,455
$ 293
$ 1,008
$ 200
$ 3,877
ACCEPTANCE OF THE "REPORT OF DISPOSALS OF PERSONAL PROPERTY" FOR
THE PERIOD OF JANUARY 1, 1993, THROUGH JUNE 30, 1993
The Commissioners accepted the Report of Disposals of Personal
Property in accordance with G.S. 160A-266(c) for the period of
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January 1, 1993, through June 30, 1993, as submitted by the Finance
Director.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 14.
RATIFICATION OF RESOLUTION AUTHORIZING STAFF TO SUBMIT A "GOOD
FAITH OFFER" TO EPA ON THE AIRPORT BURN PIT CLEAN-UP
The Commissioners ratified the adoption of a resolution
authorizing staff to submit a "Good Faith Offer" to EPA on the
Airport Burn pit Clean-up. The motion at the meeting of August 2,
1993, did not clearly reflect actual adoption of the resolution.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 14.
ADOPTION OF RESOLUTION REQUESTING ADDITION OF ROADS IN SAMSARA
ESTATES TO THE STATE MAINTAINED SECONDARY ROAD SYSTEM
The Commissioners adopted a resolution requesting the addition
of roads in Samsara Estates to the state Maintained Secondary Road
System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 14.
REAPPOINTMENT OF ELIZABETH A. WEIS TO SERVE ON THE DOMICILIARY HOME
COMMUNITY ADVISORY COMMITTEE
The Commissioners reappointed Elizabeth A. Weis to serve a
three-year term on the Domiciliary Home Community Advisory
Committee. She has served the oDe-year initial term and is now
eligible by State Statute to serve a three-year term to expire
August 31, 1996.
ACCEPTANCE OF 1992 SETTLEMENT OF TAX COLLECTIONS; REAPPOINTMENT OF
PATRICIA J. RAYNOR AS COLLECTOR OF REVENUE FOR 1993-94; AND CHARGE
FOR COLLECTION OF THE 1993 LEVY BY THE COLLECTOR OF REVENUE
The Commissioners expressed appreciation to the outstanding
efforts of Patricia J. Raynor, the Collector of Revenue, and staff
for the excellent job in the collection of County taxes.
The Commissioners accepted the 1992 Settlement of Tax
Collections; reappointed Patricia J. Raynor as Collector of Revenue
for 1993-94 and charged Ms. Raynor with the collection of the 1993
levy. Authorization was granted for the execution of the Charge
Sheet by the Chairman, Clerk to the Board, and Collector of
Revenue.
A copy of the 1992 Settlement of Tax Collections and Charge
Sheet are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXI, Page 14.
RELEASE OF VALUE - TAX DEPARTMENT
The Commissioners released the following certification penalty
since this was the taxpayer's first offense:
Tammy Lynn Clayton
$100.00
DENIAL OF TAX APPEAL SUBMITTED BY MICHAEL B. WITHERSPOON
The Commissioners denied the tax appeal submitted by Michael
B. Witherspoon and upheld the taxes assessed by the Tax
Administrator since the 1989 Honda was registered only in the name
of Patricia Witherspoon in the State of North Carolina. The
military exemption does not apply to the wife; therefore, the taxes
assessed should be upheld.
Information pertaining to the tax appeal is on file in the New
Hanover County Tax Department.
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ACCEPTANCE OF TAX COLLECTION REPORTS THROUGH JULY 31, 1993
The Commissioners accepted the following Tax Collection
Reports through July 31, 1993, as submitted by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXI, Page 14.
BUDGET AMENDMENT #94-0019 REPORTED FOR ENTRY INTO THE MINUTES
The following Budget Amendment was reported for entry into the
minutes:
94-0019 Museum
Debit
Credit
Museum/Dinamation
contributions
$4,000
Salaries & Wages
$4,000
Purpose: To budget greater than anticipated revenue to provide
additional janitorial support for the unanticipated number of
persons attending Dinamation. The County Commissioners approved
this action on August 5, 1993.
APPROVAL FOR WAIVER OF TIPPING FEES FOR TRASH COLLECTED DURING "BIG
SWEEP '93" - KEEP AMERICA BEAUTIFUL
The Commissioners approved the waiver of tipping fees for
trash collected during "Big Sweep '93" sponsored by Keep America
Beautiful. These fees have been waived in the past.
APPROVAL OF BUDGET AMENDMENT #94-0021 - COUNTY COMMISSIONERS
The Commissioners approved the following Budget Amendment for
purchase of communication equipment to be used by the Commissioners
in the event of an emergency:
94-0021 Non-Departmental Emergency Management
Debit
Credit
Non-Departmental
contingencies
$12,500
Emerqency Manaqement
Hurricane Capital Expense
$12,500
The funds are to be transferred from contingencies.
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 to New Hanover County:
Name
Years of Service
Evelyn Lorek, Finance Department
Sharon Neuschafer, Health Department
Martha Murphy, Social Services
Sandra Hughes, Cooperative Extension
Walter Williams, Inspections Department
5 years
10 years
10 years
15 years
25 years
Jenean Hornstein, Cape Fear Museum
Marsha Hayes, Social Services
Harry Tuchmayer, Library
5 years
10 years
10 years
RECOGNITION OF NEW EMPLOYEES
County Manager, Allen O'Neal, introduced the following new
County employees:
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AND SOLID WASTE COLLECTIONS WORK SESSION
Thomas Burdette, Engineering Department
Allen Cordell, Library
Jean Ferguson, N. C. Cooperative Extension Service
Paul Jones, Property Management
Sarah Chestnut, Health Department
Kathy Bundy, Health Department
Pamela Thomas, Health Department
Ava Cavenaugh, Health Department
Becky Cummings, Department of Social Services 0.'
Pam Cook, Department of Social Services
veronica Bottoms, Department of'social Services
Lex safion, Department of Social Services
Kelly Bentsen, Department of Social Services
Vera Mills, Department of Social Services
Jimmy Haynes, Department of Social Services
Susan Phiel, Department of Social Services
Chris Ronan, Department of Social Services
Patty Booth, Department of Social Services
Donna Elswick, Department of Social Services
Gary Basile, Sheriff's Department
Chairman Greer, on behalf of the Board, welcomed the new
employees to New Hanover County and wished them success in their
new positions.
RECOGNITION AND PRESENTATION OF PLAQUES TO NEW HANOVER COUNTY
RECIPIENTS OF THE NORTH CAROLINA ASSOCIATION OF COUNTY
COMMISSIONERS' ANNUAL AWARDS
Chairman Greer, on behalf of the Board, recognized and
presented plaques to the following County employees who were
recipients of awards presented by the North Carolina Association of
county Commissioners:
1) Jan G. Kavanaugh, Applications Programmer in MIS, for ()
being selected as the recipient of the 1992-93 Ralph W. Ketner ~ .
Employee Productivity Award for design of the Display and
Reports System for election returns.
2) Raymond L. Church, Director of Environmental Management,
for being selected as a recipient of the 1993 outstanding
County Program awards for the Integrated Solid Waste
Management System.
3) Phillip R. Ricks, Director of the New Hanover County
Cooperative Extension, for being selected as a recipient of
the 1993 outstanding County Program awards for the Elected
Officials Involvement in waste management issues.
Appreciation was expressed to all recipients for these
outstanding achievements and the outstanding recognition given to
New Hanover County through these talented employees.
AUTHORIZATION FOR STRATEGIC PLANNING COUNCIL TO DISTRIBUTE PUBLIC
OPINION SURVEYS
Mr. Jonathan Alper, Chairman of the strategic Planning
Council, presented a status report on the activities of the Council
whose purpose is to plan for the future rather than react to
unplanned developments. The 16-member Council has spent a great ()
deal of time and effort in preparing a comprehensive citizens \"
opinion survey. Emphasis was pl~ced on the need to receive public
input, and the Commissioners were requested to authorize
distribution of the survey as presented.
Discussion was held on the length of the survey and the amount
of time involved in filling out the survey. Commissioner sisson
expressed concern for the number of persons who will actually take
time to complete the form. Mr. Alper reported the strategic
Planning Council discussed the possibility of performing telephone
surveys or mailing 5,000 surveys, but felt it was more appropriate
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to mail 10,000, which according to UNC-W Professor, David Bejou,
should produce a 15-20% return with a 95-99% confidence factor.
Discussion was held on the returned surveys representing a
true cross-section of the population in New Hanover County. Dr.
Bejou reported by using a random sample of registered voters the
returned surveys should represent a cross-section of the County;
however, there will be a small degree of error that occurs in
surveys of this type. The Elections Department will print labels
of all registered voters in New Hanover County with a numbering
system used for a random selection of persons from each precinct.
Discussion was held on the cost of the survey. Mr. Alper
reported $19,600 was allocated for this project with $14,000 for
staff salaries and $5,600 for other expenses. As of this date, the
Council has spent approximately $1,900 which leaves $3,700 in the
budget. The project should cost approximately $6,000 to $7,000
with the bulk mailing and payment to Dr. Bejou for writing the
program.
Vice-Chairman Mathews complimented Mr. Alper and the other
members of the strategic Planning Council for the time and effort
given in preparing the survey and stressed the importance of
receiving public input on issues of concern.
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to authorize the Strategic Planning Council to distribute
the public opinion surveys as requested. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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ADOPTION OF PROCESS FOR METHODICAL REVIEW OF COUNTY GOVERNMENT
SERVICES AND ISSUES
County Manager O'Neal presented the following format for a
methodical review of County Government services and issues as
requested by the Board for preparation of the FY 1994-95 Budget:
1) Who is New Hanover County? Demographic trends and
comparison of 1980 and 1990 census material reflecting the
following: (a) economic/ employment base; (2 ) mortality
rates; (3) income and household size; (4) public assistance
use; and (5) life expectancy.
2) How is New Hanover County government made up?
3) Options for completing the review: (a) Detailed
Departmental Analysis or (2) Functional Area Analysis.
4) Major Issues: (a) Capital Projects funding; (b) the needs
of schools; (c) Consolidation; (d) Fire Departments; (e)
Environmental Management; and (f) Water and Sewer.
5) General Government and Education
6) Human Services
.
7) Public Safety
8) Economic and Physical Development
Cultural and Recreation
9) Wrap-up and Recap: Review of the issues with priority
setting by the Board of County Commissioners. Direct and
guide staff for preparation of the FY 1994-95 Budget.
County Manager O'Neal reported the first Work Session will be
held on September 20, 1993, after the regular meeting and requested
that the budget review process be completed before Thanksgiving in
order to allow ample time for preparation of the FY 1994-95 Budget.
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commissioner Caster requested that a constant dollar figure be
shown when trend lines are being reflected in reports in order to
make comparisons.
Discussion was held on the importance of the Commissioners
providing direction to the County Manager in preparation of the FY
1994-95 Budget. Chairman Greer emphasized the importance of each
Commissioner contacting the County Manager when additional
information is needed during the budget review process. He also
requested a report showing the positions that have been eliminated
when grant funds are terminated, and if not eliminated, the report
should reflect where an employee has been transferred within County
government.
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County Manager O'Neal reported any employee hired through a
grant is informed that the position will be eliminated if the grant
funds are terminated.
Motion: After discussion, it was the consensus of the Board to
accept the format as presented and hold the first Budget Review
Work Session on September 20, 1993, with other Work Sessions being
scheduled at this time.
BREAK
Chairman Greer called for a.break from 10:00 A.M. until 10:14
A.M.
YARD WASTE ORDINANCE TO REMAIN UNCHANGED AND ADOPTION OF REVISED
SOLID WASTE MANAGEMENT PLAN
Director of Environmental Management, Ray Church, recommended
adoption of a Yard Waste Ordinance and presented the following
options:
option 1: Allow for 15% yard waste by volume at the landfill.
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option 2: Eliminate all yard waste at the landfill.
option 3: Rescind the existing ordinance and simply depend on
State legislation.
Chairman Greer reported since a Work Session is being held
this afternoon relative to solid waste collections and flow
control, he would recommend rescinding the existing ordinance and
depending on the State for direction.
commissioner Sisson inquired as to what would happen if the
State should become the enforcement agency and who would be held
liable when a violation occurs?
Director Church reported the County will be held liable if a
violation occurs; however, the County would try to determine which
hauler delivered the waste materials, which in turn would motivate
the hauler to try to determine the person who generated the waste.
A State local waste management representative would be the
enforcement officer with assessment of a civil penalty or a fine.
commissioner Caster recommended allowing the ordinance to
remain unchanged until the Commissioners decide on collections.
Consensus: After discussion, it was the consensus of the Board to
allow the existing ordinance to remain unchanged.
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Mr. Chris McKeithan, representing Waste Management of
Wilmington, requested direction from the Board as to whether 15% of
yard waste can be carried to the incinerator under the existing
ordinance?
Chairman Greer reported when the Yard Waste Ordinance was
adopted, the Board was under the impression that yard waste could
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be burned at the incinerator if the yard waste volume did not
exceed 15% of the load; however, the ordinance was not written in
this manner.
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Director Church reported when adopting the Yard Waste
Ordinance, changes' were made but one clause was not eliminated
which reads as follows:.... "cannot dispose of yard waste at the
Waste-to-Energy Facility". Since adoption of the ordinance, no
fines have been assessed for the 15% of yard waste received at the
Waste-to-Energy Facility. After further discussion, the haulers
were requested to continue to pick up the usual load until a
definite decision has been made on collections, which will address
the yard waste problem.
Recycling Manager, Tim Cole, presented and discussed the
following revisions and corrections to the Solid Waste Management
Plan for New Hanover:
Page XII, Number (3): Change "Enforce the County's recently passed
Yard Waste Ordinance banning yard waste from disposal facilities"
to "enforce the County's Yard Waste Ordinance."
Page XII, Number (7): Change
and bulky item collections" to
bulkY item collections. or
mechanisms."
"...separate yard waste collection
"...separate yard waste collection.
other collection and recycling
Page 37, Second Paragraph: Change". . . in order to enforce the
State's ban on yard waste disposal in landfills. . ." to "... in order
to comply with State requlations on yard waste disposal...".
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Page 43, Third Paragraph: Change "It requires residents to set out
yard waste separately from other wastes and stipulates that
surcharges..." to "It stipulates that yard waste will not be co-
minqled with other wastes and. further more. that surcharqes..."
Page 55, Second Paragraph: Change "The County's recent passage of
a Yard Waste Ordinance which will require separate
collection...will no doubt greatly facilitate..." to "The County's
recent passaqe of an ordinance requirinq that yard waste not be co-
minqled with other solid wastes...should facilitate..."
Pages 69-70, Paragraph Four through Page 69: Change. . . "and
elsewhere, banned from local disposal facilities as of June 1,
1993, must yet be addressed.... They have already purchased a
grinder" to "and elsewhere. addressed bv the County's Yard Waste
Ordinance. have yet to be tarqeted bv some sort of residential
collection mechanism...Wilminqton Sand and Gravel has purchased a
grinder."
Page 81, Second Paragraph: Insert.."Future proiects include: a
precvclinq brochure. a pallet composter. distribution proiect. and
a buy-recycled campaiqn."
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Page 84, Number (3): Change. . . "The enforcement of the County's
Yard Waste Ordinance banning yard waste from the Landfill.." to
"The enforcement of the New Hanover County Yard Waste Ordinance."
Page 84, Number (7): Change..."pickups, and facilitating curbside
recycling and separate yard waste pickup programs" to It...pickups.
facilitatinq curbside recyclinq. or bv developinq other collection
and recvclinq mechanisms."
Page 85, Fifth Paragraph: Change... "recovery and banning yard
waste and old corrugated cardboard (OCC), the County could..." to
"disposal. and banninq OCC. the County could..."
A lengthy discussion was held on the revised Solid Waste
Management Plan. Commissioner Barone commented on being
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uncomfortable with the plan specifically endorsing Wilmington Sand
& Gravel and recommended adding the following verbiage in order to
avoid any misinterpretation of the document: "Wilminqton Sand &
Gravel or other companies providinq a similar service".
commissioner Caster expressed appreciation to the Director of
Environmental Management and staff for the excellent job performed
in preparing the Solid Waste Management Plan.
Motion: After further discussion, Commissioner Barone MOVED, 0
SECONDED by Commissioner Caster to adopt the revised Solid Waste
Management Plan as presented with inclusion of the clause,
"Wilminqton Sand & Gravel or other companies providinq a similar
service". Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the corrections and revised plan are on file in the
Clerk's office.
ADOPTION OF RESOLUTION PROMOTING THE PROTECTION OF THE VENUS FLY
TRAP
Mr. Stanley Rehder commented on the uniqueness of the Venus
Fly Trap, which is indigenous to this area, and requested adoption
of a resolution that will promote public awareness of the need to
protect this special plant which is now on the State's "Threatened
Endangered Species List". The public should be aware of poachers
who steal the plant for commercial purposes.
commissioner Sisson commented on State Law that prohibits the
digging of the plant and inquired as whether this is a misdemeanor
or does criminal intent have to be proved in order for the law to
be enforced?
County Attorney Copley reported the action would be considered ~
a criminal offense. ~ )
commissioner Sisson recommended enacting a local ordinance to
be enforced through a civil penalty instead of having to prove
criminal intent and go through court proceedings for enforcement.
If a civil penalty is enforced on the local level, a Deputy Sheriff
would be authorized to assess a fine when someone is caught with
the possession of 100 or 200 plants.
Motion: After further discussion of Mr. Rehder's intent to create
a public awareness, Vice-Chairman Mathews MOVED, SECONDED by
Commissioner Caster to adopt the resolution as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 14.
COMMITTEE APPOINTMENTS
Vice-Chairman Mathews commented on the importance of the full
Board voting individually on committee appointments and recommended
requesting the Chairman to call for votes on all committee
appointments.
Consensus: After discussion, it was the consensus of the Board to
call for votes on committee appointments.
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REAPPOINTMENT OF JANET DURHAM, CATHERINE FAVER, EDWARD V. GRACE,
AND APPOINTMENT OF RAYMOND E. RIDDLE TO SERVE ON THE NEW HANOVER
COUNTY LIBRARY ADVISORY BOARD
Chairman Greer reported four vacancies exist on the Library
Advisory Board with seven applications received and three members,
Janet Durham; Catherine Faver; and Edward V. Grace, eligible for
reappointment and desiring to serve another term.
commissioner Barone commented on just recently appointing Mr.
Grace to serve on the Nursing Home Advisory Committee and
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recommended consideration be given to allowing other persons to
serve since so many applications have been received.
Consensus: After further discussion, it was the consensus of the
Board to request the Clerk to indicate if an applicant is serving
on another board when preparing\ agenda packets for committee
appointments.
Vice-Chairman Mathews recommended reappointment of Janet
Durham, Catherine Faver, and Edward W. Grace. He also nominated
Raymond E. Riddle to fill the remaining vacancy. Commissioner
Barone seconded the nomination.
Chairman Greer recommended voting on the reappointment of the
three persons eligible for reappointment with nominations being
received for the remaining vacancy.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to reappoint Janet Durham, Catherine Faver, and Edward V.
Grace to serve 3-year terms on the New Hanover County Library
Advisory Board. The terms are to expire August 31, 1996. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Vice-Chairman Mathews nominated Raymond E. Riddle to serve on
the New Hanover County Library Advisory Board. Commissioner Barone
seconded the nomination.
commissioner Caster nominated Daniel W. Desmond. No second
was received.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to appoint Raymond E. Riddle to serve a 3-year term on the
New Hanover County Library Advisory Board with the term to expire
August 31, 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENTS TO THE BOARD OF MECHANICAL EXAMINERS
Chairman Greer reported that five vacancies exist on the Board
of Mechanical Examiners under the following categories:
Vacancies:
Applicants:
2 Mechanical Contractors
Thomas L. Crittenden, eligible for reappointment
Larry Lisk
Vacancies:
Applicants:
1 Class II Journeyman Mechanic
Jeff T. Lanier, eligible for reappointment
Vacancies:
Applicants:
1 Class III Journeyman Mechanic
Robert H. "Bob" Williams
Ronald W. Williams
Vacancies:
1 Mechanical Engineer
David Sims, eligible for reappointment
Chairman Greer opened the floor to receive nominations.
Motion: Commissioner Sisson MOVED, SECONDED by commissioner Barone
to reappoint the following persons to serve 2-year terms on the
Board of Mechanical Examiners with the terms to expire August 31,
1995:
Mechanical Contractor
Thomas L. Crittenden
Class II Mechanic
Jeff T. Lanier
Mechanical Enqineer
David Sims
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Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Since only one application was received with the necessary
State license for the vacant Mechanical Contractor category,
Commissioner Caster MOVED, SECONDED by Commissioner Barone to
appoint Larry Lisk to serve a 2-year term representing the
Mechanical Contractor category. The term is to expire August 31,
1995. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer opened the floor to receive nominations to the
fill the vacant Class III Mechanic Category and reported two
applications have been received.
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commissioner Barone nominated Robert H. "Bob" Williams. The
nomination was seconded by Commissioner Caster.
Vice-Chairman Mathews nominated Ronald W. Williams. The
nomination was seconded by Commissioner sisson.
There being no further nominations, Chairman Greer declared
the nominations closed.
Vote: Chairman Greer called for a vote on appointment of Robert H.
"Bob" Williams to serve a one-year term on the Board of Mechanical
Examiners to expire August 31, 1994. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Chairman Greer
voting Nay: Commissioner Sisson
Vice-Chairman Mathews
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MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Barone MOVED, SECONDED
to convene from Regular Session to hold a
New Hanover County Water & Sewer District.
CARRIED UNANIMOUSLY.
by Commissioner Sisson
Regular Meeting of the
Upon vote, the MOTION
Chairman Greer convened from Regular Session at 11:00 A.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:05 A.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF PROPOSALS PRESENTED BY THE EXECUTIVE COMMITTEE OF THE
l'lOSPITAL BOARD OF TRUSTEES RELATIVE TO THE LEASE BETWEEN NEW
HANOVER COUNTY AND NEW HANOVER REGIONAL MEDICAL CENTER
Commissioner Caster, the Commissioners' representative on the
Hospital Board of Trustees, commented on proposals presented by the
Executive Committee of the Hospital Board of Trustees and reported ()
the two-thirds vote of the Board of County Commissioners has been
wi thdrawn; therefore, the Board of Trustees would like for the .
commissioners to consider the other proposed changes.
Vice-Chairman Mathews strongly objected to any amendments to
the lease after the number of Work Sessions that have been held in
trying to agree upon a new lease that is satisfactory to both
parties.
County Attorney Copley reported she is comfortable with the
draft lease as presented by Bond Counsel. As outlined in the
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MINUTES OF REGULAR MEETING, AUGUST 16, 1993
AND SOLID WASTE COLLECTIONS WORK SESSION
PAGE 635
memorandum on the proposed changes by the Executive Committee of
the Hospital Board of Trustees, if the Commissioners should
consider any changes, she has proposed language that will develop
a document more County oriented. Also, the County's Bond Counsel
is very concerned about completing this lease as soon as possible
in order to avoid an impact on the financing of the revenue bond
issue.
.
commissioner Barone expressed concern for the word minimum
section 4.16 as submitted by the Executive Committee which reads as
follows: "...New Hanover County will pay a minimum of $150,000
subject to the appropriation."
Motion: After discussion, Commissioner Barone MOVED, SECONDED by
Vice-Chairman Mathews to use the draft document as presented by the
County's Bond Counsel with no further changes. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF STATUS REPORTS FROM COMMISSIONERS SERVING ON VARIOUS
BOARDS AND COMMITTEES
Commissioner Barone reported on being remiss in reporting on
the activities of DARE and stated she will be forwarding copies of
the minutes to the Commissioners instead of writing a report.
It was agreed among the members of the Board that the minutes
would be acceptable.
Commissioner Barone inquired as to whether the minutes of the
Committee of 100 could be forward to the members of the Board.
Emphasis was placed on the need to know about the various
activities of a committee or board when County funds are
appropriated.
.
Vice-Chairman Mathews agreed with Commissioner Barone's idea
to share the minutes or make status reports on the organizations
that receive County funding; however, as to the Committee of 100,
it is obvious that this agency is performing well with the number
of new industries that have located in the area.
CONFLICT OF DATES BETWEEN THURSDAY MORNING STAFF MEETING AND THE
DEDICATION OF THE MYRTLE GROVE BRANCH LIBRARY
Vice-Chairman Mathews reported on a conflict of dates with the
Staff Meeting scheduled for 8:30 A.M. on September 2, 1993, and the
dedication of the Myrtle Grove Branch Library scheduled on the same
day at 10:00 A.M.
After discussion, County Manager O'Neal was directed to make
a decision once the length of the agenda is determined and to
notify the members of the Board if the Thursday morning staff
meeting scheduled for September 2 should be changed to Friday.
DISCUSSION OF HIRING ADDITIONAL EMPLOYEES AT THE ANIMAL CONTROL
CENTER
Commissioner Sisson recommended that the Board consider hiring
an additional employee at the Animal Control Center due to the
recent events at the center.
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Chairman Greer reported the Board of Health has recommended
adding two new positions and this recommendation will be presented
to the Commissioners within the near future.
DISCUSSION OF STATE GRANT APPLICATION FOR PROJECT SMART-START
Commissioner Sisson commented on attending a meeting with
reference to a grant application for project "Smart-Start" and
reported only 12 grants will be awarded by the State for this
educational program, which will ensure that children from birth to
five years of age come to school healthy and ready to learn. The
program is not designed to be a family intervention program, but
will focus on parent and family participation. Grant funds in the
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AND SOLID WASTE COLLECTIONS WORK SESSION
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amount of $14.2 million have been' appropriated by the General
Assembly with a grant deadline of September 15, 1993. He requested
the Assistant to the County Manager, Pat Melvin, to report on the
project.
Chairman Greer commented on attending a Work Session
pertaining to "Smart-Start" while attending the 58th Annual
Conference of the N. C. Association of County Commissioners in
Durham and reported each County is to have a five-member team that
is working on the project. He inquired as to how the five-member
team was selected in New Hanover County?
o
Assistant to the County Manager, Pat Melvin, reported she
attended the second meeting of the team and there were
representatives from the Board of Education, Department of Social
Services, Inter-Agency Council on Students Success; and the
Southeastern Center. Reports were presented by the Head Start
Program, various health organizations, the Cape Fear Community
Foundation and volunteer service agencies. Emphasis was placed on
the need of a commitment by the Board of County Commissioners and
other local government agencies when submitting the grant
application. The team has identified the needs in the areas of
health care, family support services, and early childhood
education. These identified needs and resources will be used as
part of the grant application. The purpose of Smart-Start is to
ensure that every child in North Carolina is provided access to
high-quality early childhood education and development services.
commissioner Barone commented on New Hanover County being very
fortunate to be one of the twelve counties to be considered forft
grant and inquired as to what will happen to the program, if New
Hanover County is awarded a grant and the funds are terminated in
the future?
commissioner Sisson reported the program is not intended to be
a State mandate; however, as long as Governor Hunt is in office,
and Robin Britt is the Secretary of the N. C. Department of Human
Resources, the program will be funded. Representative Karen
Gottovi and other members of the local Legislative Delegation are
in favor of the program.
o
Chairman Greer expressed concern for the County Commissioners
not being approached about the Smart-Start project before the news
media released the information. Also, concern was expressed for
State funding of a project which does not specifically state what
types of programs will be established.
commissioner Sisson agreed and reported the local agencies are
very concerned about this fact; however, the legislation was
written in this manner. In order to comply to the September 15
deadline the local team will have to move quickly; therefore, it
would be beneficial to hold a Work Session or discuss this project
at the regular meeting of September 7, 1993.
Consensus: After further discussion, it was the consensus of the
Board to direct the County Manager to schedule a presentation on
"Smart-Start" for the first meeting in September.
BOARD OF FIRE COMMISSIONERS MEETING SCHEDULED FOR AUGUST 25, 1993 ~
commissioner sisson announced the Fire Commission has .
scheduled a meeting on August 25, 1993, to discuss a fire coverage
recommendation for the North Wilmington area. This recommendation
should be presented to the Commissioners within the next few weeks.
LETTER FROM U. S. CONGRESSWOMAN EVA M. CLAYTON
Chairman Greer reported on a letter received from U. S.
Congresswoman Eva M. Clayton concerning New Hanover County being
included in the disaster designation for agriculture production
losses during the summer drought. This designation allows family
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MINUTES OF REGULAR MEETING, AUGUST 16, 1993
AND SOLID WASTE COLLECTIONS WORK SESSION
PAGE 637
size farm operations to be considered for low interest emergency
loans from the Farmers Home Administration. The local FMHA office
will be available to help farmers to apply for this disaster
assistance. He requested direction from the Board since New
Hanover County is not a farming area.
.
Consensus: After discussion, it was the consensus of the Board to
take no action, but direct Phil Ricks, the Director of the N. C.
Cooperative Extension Service, to review the letter and notify the
Board if any action should be taken.
ADDITIONAL ITEMS - COUNTY MANAGER
ANNOUNCEMENT OF COUNTY MANAGER BEING ASKED BY THE N. C. ASSOCIATION
OF COUNTY COMMISSIONERS TO SERVE AS A CO-CHAIRMAN OF THE HUMAN
SERVICES POLICY AND PLANNING COUNCIL
County Manager O'Neal announced the N. C. Association of
County Commissioners has requested that he serve as a Co-Chairman
of the Human Services Policy and Planning Council, which is
appointed by the N. C. Association of County Commissioners and the
N. C. Department of Human Resources. The purpose of the Council is
to bring about significant changes in the automated communication
systems between the State and counties on eligibility criteria for
human services programs. MIS Director, Bill Clontz, and DSS
Director, Wayne Morris, now serve on the Council. As a County
Manager, it is an honor to be asked to co-chair the Counci l;
however, the following days will be required to attend out-of-town
meetings: 2 days in September; 3 days in October, and 6 to 8 days
in November.
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Commissioner Barone inquired as whether this effort will
convince the State to allow the statewide computer system to
operate after 5:30 P.M. in order to implement flex time at the
Department of Social Services?
County Manager O'Neal reported this is one of the issues to be
addressed by the Council.
The Commissioners authorized the County Manager to serve as a
Co-Chairman of the Human Services Policy and Planning Council and
complimented him for being asked to serve in this capacity.
DISCUSSION OF LETTER FORWARDED TO THE CABLE COMPANIES
County Attorney Copley commented on the letter forwarded to
the cable companies informing them that New Hanover County is going
to adopt the federal customer service standards and reported the
County has received FCC certification documents. As the County
proceeds with the certification process, the Board will receive
status reports.
DONATION OF VENUS FLY TRAP SEEDS BY STANLEY REHDER TO THE NEW
HANOVER COUNTY ARBORETUM
Assistant County Manager, Dave Weaver, reported Mr. Rehder did
not mention in his presentation that he is going to donate a large
quantity of venus fly trap seeds to the New Hanover County
Arboretum.
.
Appreciation was expressed to Mr. Weaver for bringing this
matter to the attention of the Board.
EXECUTIVE SESSION
Chairman Greer reported the County Attorney has requested an
Executive Session to discuss pending litigation.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to convene from Regular Session to Executive Session. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session to Executive
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session at 11:40 A.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 11:53 A.M.
ADJOURNMENT
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Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourn the meeting at 11:55 A.M.
Respectfully submitted,
~V~
LUCle F. Harrell
Clerk to the Board
MINUTES OF SOLID WASTE COLLECTIONS WORK SESSION
The New Hanover County Board of Commissioners held a Work
Session on Monday, August 16, 1993, at 2:55 P.M. in the Airport
Conference Room, 1740 Airport Boulevard, 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.
o
Vice-Chairman E. L. Mathews, Jr. was absent.
Chairman Greer called the Work Session to order and reported
the purpose of the meeting is to discuss solid waste collections in
New Hanover County.
PRESENTATION OF FLOW CONTROL OPTIONS
Assistant County Manager, Dave Weaver, reported flow control
is a method for control of how trash is disposed and handled in the
County. The need for flow control has been discussed in terms of
providing financial stability to WASTEC as well as minimize any
environmental or economic liability that could be incurred by the
County for improper disposal.
The following options were presented:
1) ORDINANCE: Adopt an ordinance that will prohibit anyone from
carrying trash outside of New Hanover County. This is the simplest
option; however, enforcement would require a trash deputy at each
access road and bridge leaving the County in order to ensure trash
is not being taken outside of New Hanover County.
2) LICENSING: Adopt an ordinance that would prohibit anyone from
carrying trash outside of New Hanover County and require each
hauler to obtain a license. This would establish a line of
communication with the haulers and provide a better means for
enforcement. If repeated violations occur by a particular hauler,
the County would have authority to revoke the license and not allow
the hauler to operate in New Hanover County. Also, licensing will
defray administrative costs and establish additional controls
through truck identification.
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3) FRANCHISING: Grant an exclusive right for a hauler to collect
trash in a specific area of the County. This method is similar to
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AND SOLID WASTE COLLECTIONS WORK SESSION
PAGE 639
licensing but would eliminate inefficiencies of the present
collections system. Presently, four different companies service
one street for waste collections. Under franchising only one
company would service a street. The haulers would be responsible
for billing, and franchising could be either voluntary or mandatory
in specific areas.
4) COUNTY COLLECTIONS SYSTEM: The County would contract with
private haulers to provide trash collection services to the
residents of the unincorporated county in the different service
areas. This would alleviate a County operation which would require
the purchase of trucks, hiring of additional employees, and other
associated costs. The contract would be the control mechanism, and
the County would be responsible for billing. The following steps
would have to be considered:
-Establish a County billing system.
-Establish a Solid Waste Service District within the
unincorporated County with a tax charged for trash disposal.
The charge for trash disposal would be separately listed on
the tax bill in order for homeowners to use this charge as a
deductible on income tax returns. This method would eliminate
a costly County billing system and also eliminate households
from burning and dumping trash.
-A County Collections System would allow the County to
contract for additional services, such as collection of yard
waste.
5) CONTRACT WITH THE CITY OF WILMINGTON: The County would
contract with the City to bid and administer the contracts with the
private haulers to collect trash in the County. with present
discussions occurring on consolidation of various departments, this
type of an agreement would be appropriate. The expertise and
knowledge of City staff in solid waste collections would be most
beneficial. The County would collect the revenues from the Solid
Waste Service District for payment to the City.
6) DEVELOPMENT OF ECONOMIC INCENTIVES: The County would develop
economic incentives that would lower the tip fee to a competitive
rate. No regulation would be required because the haulers would
find it more cost-effective to dispose of trash at the County
facilities rather than carry the trash outside of the County. The
question to be answered is how to reduce the tip fee? There
appears to be no available avenue to lower the cost for the
operation of the Waste-to-Energy Facility, the Landfill, and
Recycling Program; therefore, the tip fee would have to be
subsidized through the following options:
-Usage of the unobligated sales tax revenue.
-Usage of property tax revenues.
-Utilization of other revenue sources such as the Room
Occupancy Tax; Construction Excise Tax; and Land Transfer Tax.
The development of economic incentives is legally more
preferable, and this option can be combined with other options.
For example, a Solid Waste Service District could be established
with a tax charged to provide a County Collections System that
would be administered by the City. Another option to consider for
reduction of the tip fee is to establish a Disposal Tax Service
District for the entire County. This would generate revenue for
disposal services now being provided solely by the County. The
Solid Waste Service District, as discussed previously, would apply
only to the unincorporated County, but the Disposal District would
apply to the entire County.
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Discussion was held on the legality of flow control. County
Attorney Copley reported flow control has been challenged in the
courts as an interstate issue not as an intrastate issue. A County
Flow Control Ordinance would not affect interstate commerce.
Mr. Chris McKeithan, representing Waste Management of
Wilmington, expressed concern for the County staff never discussing
the inefficiencies that currently exist at WASTEC or the reason for
the tip fee being $60 per ton. The Board was requested to take
into consideration that WASTEC operational costs can be reduced if
the inefficiencies are addressed. Also, as to any collection
problems being experienced throughout the County, to the best of
his knowledge, most county residents have a trash collection
service and are satisfied with the current system provided by the
private haulers.
Recycling Manager, Tim Cole, reported residents of the County
pay approximately $18.00 per month for once a week trash service;
whereas, the residents of the City pay approximately $14.50 for
once a week trash service; curbside recycling; and yard waste pick-
up; therefore, staff feels the residents of the unincorporated area
should receive the same level of services as being provided to the
residents of the city.
Mr. McKeithan expressed concern for comparing the fees and
reported that 40% of the fee charged to County residents for trash
collection is for disposal. If the disposal fee was cut in half,
the bill would be reduced. If the County desires to protect the
taxpayers, the mess at the incinerator should be corrected before
stating an unfair rate is being charged by the private haulers.
Director of Environmental Management, Ray Church, reported
staff is not dissatisfied with the services provided by the private
haulers, but feels the system is inefficient because of the cost
associated with picking up trash at every fourth or fifth house
instead of every house on a street.
Assistant County Manager, Dave Weaver, reported under the
County Collections System, a Solid Waste Service District would be
established with a tax charged to the property owners and reflected
separately on the tax billing which is mailed once a year.
commissioner Barone inquired as to how the County would
operate during the first year until tax bills are mailed and
collected?
County Manager O'Neal reported the Solid Waste Service
District could be established and the tax levied at the beginning
of the fiscal year with funds borrowed from the general funds until
revenues are received. Also, the property owners could be billed
for the first year with this tax reflected separately on the
following year's tax notice.
commissioner Barone stressed the importance of becoming
competitive with the tip fee and inquired as to how this can be
accomplished?
Assistant County Manager Weaver reported the unobligated sales
tax, or implementation of a Land Transfer Tax or Construction
Excise Tax could be used to increase revenues and reduce the tip
fee. Also, a Disposal Service Tax District could be established
with a separate tax used for disposal.
Recycling Director, Tim Cole, commented on the complexity of
the issue in trying to regulate three different waste streams: (1)
the unincorporated residential waste stream; (2) the municipal
residential waste stream; and (3) the countywide commercial waste
stream. Different mechanisms could be used to achieve flow control
for each waste stream. For example, ordinances and licensing could
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MINUTES OF REGULAR MEETING, AUGUST 16, 1993
AND SOLID WASTE COLLECTIONS WORK SESSION
PAGE 641
be used to address the municipal waste stream. The countywide
commercial waste stream, which is 70% of waste in the County, could
be regulated through non-exclusive franchising. This would allow
the hauler to operate in any area and continue to collect
commercial waste as currently being performed with the requirement
that County disposal facilities are used. Also, the residential
waste generated in the unincorporated areas of the county could use
a number of options, such as franchising or establishment of a tax
district.
A lengthy discussion was held on the options presented and the
possibility of combining the various options as well as the state's
mandate for a 40% reduction in the waste stream by the year 2000.
Consensus: After further discussion, it was the consensus of the
Board to direct staff to work with the haulers in pursuing the
following options with a recommendation being prepared reflecting
the cost of services to the customer and the cost to the County:
-Establish residential zones that will allow the haulers to
have the same number of customers as currently being served.
-Establish a Solid Waste service District with levying of a
tax to be billed separately on the property tax notice
forwarded to homeowners. The County will bill and collect
through the tax billing.
-The service is to include the collection of trash, yard
waste, curbside recycling, and bulky items.
-Establish the use of roll-off trucks for commercial
construction sites.
-Establish licensing or non-exclusive franchise for the
commercial haulers.
-Incorporate the banning of cardboard when the ordinance is
adopted.
Director Church reported the Environmental Management
Department will continue to look at reducing the tip fee. Once the
debt service is retired on the incinerator, four million dollars
will be eliminated from the annual budget. The key to reducing the
tip fee is to find a source of revenue for payment of the debt
service.
County Manager O'Neal expressed appreciation to Ed Fare for
attending the meeting and sharing his expertise.
ADJOURNMENT
Chairman Greer adjourned the Work Session at 4:30 P.M.
~eC~~d,
~ F. Harrell
Clerk to the Board
~