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1993-09-20 Regular Meeting . . . "'lllIl MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 695~ ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 20, 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.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; Assistant County Manager, Dave Weaver; 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 Reverend Skip Williams, Pastor of Fifth Avenue Methodist Church, gave the invocation. commissioner Barone led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone 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. The following remarks were received: Concern for Policies at the Animal Control Center Ms. Dottie Lamb, a resident of Carolina Beach, expressed concern for the current events that have occurred at the Animal Control Center and presented a petition with 243 signatures from the residents of Carolina Beach and surrounding communities. The Commissioners were requested to consider the following recommendations: 1) Change the current form of destroying unwanted pets to lethal injection. 2) prohibi t bodies from being sold to prof it anyone or anything. 3) Overturn the current policy which requires all dogs of a particular or mixed breed to be destroyed. 4) Hire a Kennel Manager and extra staff for the Animal Control Center in order to better assist the public. 5) Change the current hours of operation to better accommodate people who work that are trying to claim their pets or adopt a pet. 6) Provide authority to the Director of the Animal Control Center to waiver the fee if the owner agrees to spay or neuter the pet. The cost for claiming an animal can cost as much as $150. 1 ~ Ms. Barbara Bates presented a petition with more than 1,200 signatures of residents living in the unincorporated County and requested the following action: 1) Allocation of additional 'funds .~ufficient for the hiring of a Kennel Manager and two additional Field Officers for the Animal Control Center. 2) Euthanasia by injection whenever possible instead of the carbon monoxide chamber. ...... (- ~MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 696 Chairman Greer expressed appreciation to Ms. Lamb and Ms. Bates for their concerns and remarks. Request for Delay in Final Adoption of the Revised Land Use Plan Update Mr. Paul D. Boney, Chairman of the Committee of 100, and on behalf of the Southeastern Chapter of Professional Engineers of North Carolina; the Wilmington Contractors Association; the Chamber of Commerce; the American Subcontractors Association; and Southern National Bank, requested a delay in action on the revised Land Use Plan until November 1, 1993. The purpose of this request is to provide these organizations ample time to review the revised draft as a result of the joint City/County Public Hearing held on August 23, 1993. Emphasis was placed on the importance of this plan to New Hanover County and the need to perform a complete and thorough study of the Land Use Plan before adoption. o Motion: After discussion of providing additional time for review of the revisions, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to delay action on the Land Use Plan Update for 30 days. The floor was opened for discussion. commissioner Sisson strongly objected to granting a 3D-day delay and inquired as to why these groups did not become involved during the public hearings held throughout the County. Concern was expressed for allowing special interest groups to appear at the last minute and try to circumvent the entire process when the citizens of the County have participated, attended numerous meetings, and are satisfied with the revised plan. Is it fair to subject these citizens to another set of public hearings only to hear presentations by persons hired to represent the trade associations? The revisions are minuscule, and four of seven members appointed to the County Planning Board represent real estate and development. He urged the Commissioners to adhere to the schedule adopted at the last meeting. o After further discussion, Chairman Greer called for a vote on the MOTION to delay action on the revised Land Use Plan for 30 days. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson APPROVAL OF CONSENT AGENDA Chairman Greer reported staff has requested withdrawal of Consent Agenda Item #12. Motion: commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to withdraw Consent Agenda #12 and approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The commissioners approved the following minutes: o Solid Waste Management Plan Work Session - August 5, 1993 Joint City/County Public Hearing - Land Use Plan Update August 23, :1993 Special Emergency Session - August 30, 1993 I I I l Joint City/County Work Session - Airport Burn Pit Clean Up September 2, 1993 . . . '""lllIIl MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 . PAGE 697 Approval of Budget Amendment 94-0050 - Cape Fear community College The Commissioners approved the following Budget Amendment: 94-0050 - Education Cape Fear community College operation Debit Credit Cape Fear Community Colleqe Installment and Proceeds contribution from Cape Fear Comm. College $365,000 75,000 Land Cost $445,000 County Commissioners Appropriated Fund Balance $ 67,600 Non-Departmental Installation Lease Payments $ 62,600 Purpose: To record the purchase of property at 700 North Front street along with the installment payments on this piece of property for FY 1993-94. Property is presently purchased under Contract #93-0380 for Cape Fear Community College. Adoption of Resolution Requesting the Addition of Roads to the State Maintained secondary Road System The commissioners adopted resolutions requesting the addition of the following roads to the' state Maintained Secondary Road System: Crosswinds Drive Lansdowne Road Sodney Road Extension Roads in Greenbriar SUbdivision, Sec. 2E Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 17. Authorization for Department of Aging to Apply for State Senior Center capital Improvements Funding The Commissioners authorized the Department of Aging to apply for a $10,000 grant from the State Senior Center Capital Improvements fund to repair outside concrete, replace tile in the entry of the multi-purpose room, and perform other minor repairs to the Senior Center. The grant will require a 10% match which will be provided by the'Department of Aging from in-kind services. The County Manager was authorized to execute the necessary documents. Adoption of Resolution Rejecting Bids Received for the Computer Aided Dispatch System (Bid #94-0035) The Commissioners adopted a resolution rejecting all bids received for the Computer Aided Dispatch System due to bids being non-responsive. Staff was directed to re-bid the project. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 17. Acceptance of Tax Collection Reports Through August 31, 1993 The Commissioners accepted the following Tax Collection Reports through August 31, 1993, as presented 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 17. ..... ( MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 698 Release of Value - Tax Department The Commissioners released the following vehicle certification penalty since this was the taxpayer's first offense: Lynn Scott Rader $100 The Commissioners granted Citizen/Disability Exclusions since submitted: the late following Senior applications were George G. Barrow Albert Joseph DeSimeone Hosie Jackson, Sr. Barbara King $12,000 $12,000 $12,000 $11,590 (\ -/ Upon request, letters explaining the late filing are available in the Tax Office. The Commissioners approved the following delinquent applications for exemption from property tax for the following organizations: Alcoa Recycling: Business/Personal Property used for recycling Horton Iron & Metal: Business/Personal Property used for recycling Upon request, letters explaining the late applications are available in the Tax Office. Approval of Delinquent Exemption Application for wilmington Baptist Association The Commissioners approved the delinquent exemption application for the Wilmington Baptist Association on Tax Parcel #R05414-020-001-000 for 1992 as recommended by the Tax Administrator. On April 14, 1992, ownership of the property of Emanuel Baptist Church reverted to Wilmington Baptist Association by an appendix on the deed. By a letter dated December 21, 1992, from the Wilmington Baptist Association, the Tax Office was requested to continue the tax exemption. Exemption was continued, but as a legal formality, the decision to accept a late request must be made by the Board of County Commissioners. In the past, correspondence pertaining to a delinquent application postmarked in December and approved at a later date by the Board has been considered action for the calendar year in which the delinquent request for exemption was made. Authority to accept a delinquent application in the calendar year is given by NCGS 105-282.1. o Appeal of Listing Penalties - Dorothy B. Tyson, Accountant and Clients The Commissioners released the penalties for Dorothy B. Tyson, Accountant, and seven clients due to her promptness in responding and providing proof of the error. The release of penalties was recommended by the Tax Administrator. Appeal of Late Listing penalty - A. C. widenhouse, Inc. The Commissioners released the late listing penalty to A. C. Widenhouse, Inc. since the taxpayer provided the necessary facts and the listing history before 1993 supports compliance on or before the extended dates. The release of penalty was recommended by the Tax Administrator. ~ PRESENTATION OF SERVICE AWARDS TO COUNTY EMPLOYEES Chairman Greer, on behalf of the Board, recognized and expressed appreciation to the following County employees for their years of dedicated service to New Hanover County: Name Years of Service I I l Sarah Teague - Health Department Lynetta Fennell - Health Department James Cunius - Emergency Medical Services 5 years 5 years 5 years MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 . David Dyches - Emergency Medical Services Christopher Gilmore - Emergency Medical Services Tommy Goodson - Emergency Medical Services Dennis Thacker - Emergency Medical Services Harold Vercoe - Emergency Medical Services Ronald Wahab - Emergency Medical Services Cheryl Davis - Inspections Mack Blanton - Inspections Phoebe Q. Saavedra - Planning Betty M. Robinson - Social Services Theatrice McClammy - Human Relations Lynda N. Young - Human Relations Ann Hines - Inspections David Paynter - Library Willie E. Stancil - Inspections James Oxendine - social Services Gaye Bradley - Library Mary S. Oots - Register of Deeds Laraine M. Cutrell - Social Services Patricia S. Laney - Social Services '""llllIl PAGE 699 5 years 5 years 5 years 5tyears 5 years 5 years 5 years 5 years 5 years 5 years 5 years 5 years 10 years 10 years 10 years 10 years 15 years 15 years 15 years 20 years The following employees were not able to attend; therefore, services awards will be distributed by the Department of Human Resources: . Katherine Johnson - Emergency Medical Services Duane Longo - Emergency Medical Services John Poplin - Emergency Medical Services Stanley Crowder - Sheriff's Department John H. Bradley - Inspections 5 years 5 years 5 years 5 years 10 years PRESENTATION OF FRAMED TELEPHONE DIRECTORY BOOK COVERS Mr. Royce N. Angel presented framed pictures of the Southern Bell 1993-94 Telephone Directory cover to the Museum Director, Janet Seapker, and Chairman of the Board, Robert G. Greer. The picture selected this year was the Cape Fear Museum's waterfront diorama. Director Seapker and Chairman Greer expressed appreciation to Mr. Angel and southern Bell for this very special presentation. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING IN PRINCIPLE AN INDUSTRrAL PROJECT FOR EFSON, INC. AND THE FINANCING THEREOF WITH INDUSTRIAL REVENUE BONDS IN THE PRINCIPAL AMOUNT OF UP TO $3,500,000 Attorney Wallace C. Murchison, representing the New Hanover County Industrial Facilities and Pollution Control Financing Authority, requested a motion to open the Public Hearing to consider adoption of a resolution for the issuance and sale of $3,500,000 Industrial Revenue Bonds for the Efson, Inc. Project. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to open the Public Hearing. Upon vot~, the MOTION CARRIED UNANIMOUSLY. . The following remarks were received: Mr. Murchison reported the New .Hanover County Industrial Facilities and Pollution Control Financing Authority issues revenue bonds for industrial projects. ~he bonds are not supported by the taxing power of the County and. are not the obligation of the County. If there is a default, the County will not be responsible or involved in this matter. The bonds' are supported only by the agreement of the industria~ firm to the amounts due on the note and on the bonds. The Commissioner's are being asked to consider a $3,500,000 revenue bond issue for a company called Efson, Inc., j ~INUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 700 which is headed by steve Agnoff. The attorney for Efson, Inc., is Franklin Block, who will comment on the project. Mr. Franklin Block reported Efson, Inc. is a local company that is in the business of manufacturing injection molded plastic parts. This company is the largest supplier of these kinds of parts to the physical fitness industry in the united states. The business has been most successful and has brought 73 jobs to the County. The company is requesting the revenue bond issue to expand the manufacturing facility by 63,400 square feet, which will increase its employment roster to approximately 110 employees. The expansion will allow Efson, Inc. to manufacture its own molds, which are currently purchased out of state. The addition will create additional jobs and be good for the local economy. o In order to be eligible for the industrial revenue bond issue, the wage level for the plant must exceed 10% over the average wage of the state. In this case, Efson, Inc. did not exceed the 10% average state wage in 1992 because of the rapid growth of the company which required hiring temporary employees to keep the manufacturing process moving. The company met 90% of the 10% requirement. According to bond counsel, the local Board of County Commissioners has authority to grant a waiver of the 10% figure if there has been a loss of 300 jobs in the community. statistics show that the loss of jobs in New Hanover County has almost doubled the 300 figure; therefore, Efson, Inc. requests the Board of County Commissioners to grant a waiver in order to move forward with the project. Discussion was held on the length of the waiver. Mr. Murchison stated the waiver is not limited to any particular year; however, as a matter of clarification, the County Commissioners do not grant the waiver, but request the N. C. Department of Commerce to grant the waiver. The revised resolution reads as follows: () "The Board of Commissioners hereby requests that the proposed industrial project be approved notwithstanding the fact that the operator will not pay an average weekly manufacturing wage which is at least 10% above the average weekly manufacturing wage paid in the state of North Carolina." commissioner sisson inquired as to whether there is a non- pollution clause or finding that must be made when the bonds are issued by the Division of Environmental Management? Mr. steve Agnoff, President of Efson, Inc. reported the state environmental authorities have already indicated there are no environmental impacts in conjunction with the project. commissioner Barone asked if the N. C. Department of Commerce grants the waiver, does this mean that Efson, Inc. will be allowed to pay below the 10% average state wage indefinitely? Attorney Block commented on the waiver being a historical condition in that 1992 wage figures have already occurred; therefore, in order to move forward with the project, a waiver must be granted. It is anticipated' that as the new facility is constructed and new employees are brought on line, this will rectify the wage condition that existed in 1992. () ,I commissioner Barone, again, expressed concern for no term on the waiver and reported the wages in the plastic injection molding business are notoriously high; therefore, what can be done to make her comfortable with the proposed resolution? Attorney Block recommended adding a provision of the anticipated increase in wages in the resolution. Commissioner sisson agreed with commissioner Barone and recommended a waiver for 1992 provided that a provision is written t ~ MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE'701 into the resolution that will require Efson, Inc. to meet the wage requirement by 1994 and 1995. Chairman Greer expressed concern for requesting a company to determine a figure for a particular year in the future, which in his opinion is not possible. . commissioner Sisson, again, expressed concern for recommending a waiver on a requirement that is written in the State legislation. Attorney Murchison reported if there is a history of severe unemployment in a County and a loss of manufacturing jobs in the recent past, a waiver can be requested and granted by the N. C. Department of Commerce. He requested Mr. Rick Watson, a representative from the N. C. Department of Commerce to comment. Mr. Watson reported if the Director of the Commerce Finance Center, who has been in this position for over 20 years, has indicated that Efson" Inc. can meet the wage level requirement, he feels sure the firm will do so. Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer requested a motion to close the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to close the Public Hearing. . Motion: After discussion of the N. C. Department of Commerce being satisfied with the waiver requirement, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the revised resolution as read by Attorney Murchison which requests the,N. C. Department of Commerce to grant a waiver from the wage requirement; approve the Efson, Inc. project in principle; and approve the financing thereof with Industrial Revenue Bonds in a principal amount not to exceed $3,500,000. 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 17. ADOPTION OF RESOLUTION TO REQUEST THE LOC~ GOVERNMENT COMMISSION OF NORTH CAROLINA TO APPROVE AN APPLICATION OF NEW HANOVER COUNTY FOR THE ISSUANCE OF SOLID WASTE DISPOSAL SYSTEM SPECIAL OBLIGATION BONDS . " Deputy Finance Director, Julie Griffin, reported the purpose for using this financing method is because of the difficulty experienced with financing buildings <constructed on land where solid waste activities occur. The following financing package was presented: 1) Construction of Landfill Cell 4A Amount: $645,667 Financing Period: 5 years Estimated Completion Date: September 1993 . 2) Closure of Landfill Cell 3A Amount: $228,636 Financing Period: 5 years Estimated Completion Date: November 1993 3) Construction & Debris Processing Center Amount: $1,700,000 Financing Period: 10 years Estimated Completion Date: August 1994 4) Universal Building - To house Landfill Manager and Staff Amount: $225,000 ~ ( MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 702 Financing Period: 10 years Estimated Completion Date: February 1994 5) Front End Loader (Integrated Tool Carrier) Amount: $86,691 Financing Period: 5 years Bid Awarded to Gregory Poole Equipment Company on September 7, 1993 with delivery date in December 1993 6) Two Roll-Off Trucks - To haul ash to Landfill Amount: $180,000 Financing Period: 5 years Bid Opening: September 14, 1993 with delivery date in December 1993 7) Landfill Trash Compactor Amount: $200,000 Financing Period: 5 years Bids are expected in October 1993 with delivery by February, 1994. Estimated total cost of all projects: $3.265.994 Chairman Greer commented on capital expenditures and inquired as to whether these types of capital projects are going to continue to occur every 3-4 years at WASTEC? Director of Environmental Management, Ray Church, reported Cell 3B will have to be closed, and a scraper pan will have to be replaced within the next 3-4 years. Due to the liability associated with landfill sites, banks are no longer interested in making these types of investments; therefore, the State through NCGS 1591-8 allows for the issuance of Special Obligation Bonds in order to finance these projects. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution requesting the Local Government Commission of North Carolina to approve the application submitted by New Hanover County for the issuance and sale of Solid Waste Disposal System Special Obligation Bonds in an amount not to exceed $4,000,000. 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 17. AUTHORIZATION FOR NEW HANOVER COUNTY TO PARTICIPATE IN HURRICANE TRAINING COURSE SPONSORED BY FEMA Director of Emergency Management, Dan Summers, reported New Hanover County and the municipalities have been chosen to participate in the Integrated Emergency Management Course for Hurricanes to be held in Emmitsburg, Maryland on January 24-28, 1994. It is an honor to be invited by FEMA to attend this training course, which will be specifically custom-designed for New Hanover County and the municipalities. FEMA will dispatch a pre-course assessment team to the County prior to the course. The pre-course assessment team will research our community to provide realistic planning and exercise activities while on campus. The National Training Center has committed up to 65 participants with the group being comprised of County and Municipal Elected Officials, Administrative Staff, Emergency Management Staff, Media, Business and Industry, Public Safety and related State Agencies. FEMA will reimburse all transportation costs with lodging provided. The cost for meals is minimal at the Campus Cafeteria. The Commissioners were requested to authorize the Chairman to execute a Memorandum of Understanding with FEMA as the County's commitment for participation in this training program. Two County I l n o () . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 703 commissioners must attend the course in order to be eligible to receive the training with a total of 65 participants from the area. commissioner sisson volunteered to attend the training course. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner sisson to authorize the Chairman to execute a Memorandum of Understanding with FEMA as a commitment to the County's participation in the training program. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 10:00 A.M. until 10:20 A.M. CONSIDERATION OF PROPOSALS TO ADDRESS SPACE NEEDS AND DEFICIENCIES AT THE DEPARTMENT OF SOCIAL SERVICES Internal Auditor, Bruce Shell, reported the Department of Social Services (DSS) Space Study Committee reviewed various options to alleviate crowding and privacy concerns raised by the North Carolina Division of Social Services Regional Director, Sarah Delancey. If these space requirements are not addressed, the State will withhold reimbursement of funds and a portion of the State sales tax. In response to the space deficiencies, the following options have been developed by the DSS Space Study Committee: Short-Term: Computer assisted scheduling of conference rooms to meet privacy requirements. Long-Term: To expand existing building by 10,000 or 15,000 square feet. The Committee recommends expanding the existing building by 15,000 square feet, of which 10,000 square feet will be usable space with the remaining 5,000 square feet to be completed as needed. The estimated cost for the project is as follows: Cost: $600,000 - Building 50,000 - Architect/Engineering 40,000 - Parking Lot 200,000 - Furniture, etc. $890,000 - Total Cost $345,000 - County Cost assuming a federal/state reimbursement rate of 50%. Estimated Completion Date: December 31, 1994. Discussion was held on federal and state funding of the project. DSS Business Officer, John Oxendine, reported some federal and state funds will be received immediately with other being distributed on a depreciation schedule. Commissioner Barone repor~ed she and Commissioner Caster were appointed to serve on the DSS Space Study Committee and were not in favor of expanding the existing building; however, the County is mandated by the state and federal requirements for the provision of human services with the square footage ;'necessary to provide these services. The Committee was informed by Ms. Sarah Delancey that not only would the County forfeit state and federal funding along with a portion of the state sales tax, but if one county in the State of North Carolina is ~ut of. compliance with federal regulations and is making no effort to co~ply, federal funding could be lost for the entire state. Unfortunately, there is no choice but to fulfill the space' requirements and expand the existing building. ~ (~ I MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 704 commissioner Caster agreed with commissioner Barone and recommended appropriating funds for the architect/engineering study in the amount of $50,000 before committing to the entire project. After discussion of DSS moving into a new building in 1988 and experiencing a space shortage by 1993, Commissioner Barone urged the Board to consider a long-term solution when expanding the existing building. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Commissioner Barone to appropriate $50,000 architect/engineering fees for performance of a study based on the 15,000 square feet expansion of which 10,000 square feet will be usable space with the remaining 5,000 square feet to be completed as needed. The floor was opened for discussion. () commissioner Sisson requested asking the architect to consider adding a second floor when developing the design. County Attorney Copley requested allowing the Legal Department to work with DSS when preparing proposals for the expansion. Internal Auditor Shell reported the Committee plans to involve the Legal Department with the request for proposals. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF KENNEL MANAGER POSITION FOR THE ANIMAL CONTROL CENTER AND APPROVAL OF BUDGET AMENDMENT #94-0045 Assistant County Manager, Dave Weaver, reported on August 4, 1993, the Board of Health approved requesting the Board of County Commissioners to approve two additional positions for Animal Control, a Kennel Manager and one additional Animal Control Officer. After review of justifications for the two positions, staff recommends approval of one position, the Kennel Manager, because during the downsizing process, many departments were denied additional positions as indicated in the memorandum submitted by the County Manager. o Animal Control Director, Ron Currie, presented a schedule of revenues, expenditures, and a chart reflecting County funding for the past five years. The Animal Control Center produced additional revenues of approximately $70,000 last year with the County's funding appropriation decreasing annually. The Board of Health and Animal Control Advisory Committee feel the additional revenues will pay for the two positions requested. The additional positions are desperately needed and will allow the Center to provide the following services: -More supervision of the Animal Control Shelter. -Better services for the animals housed. -A more comprehensive service to individuals visiting the shelter. -Euthanasia by Lethal Injection: A local veterinarian is willing to train and help personnel perform lethal injections. -Provide more assistance to the public in trying to locate owners and assist people with adopting animals. () -Increase coverage on weekends. -Allow the Animal Control Center to patrol a particular area when problems are being experienced. -Allow the Dangerous Dog Officer to interview persons after hours. l ~ MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 705 . commissioner sisson reported when adopting the FY 1993-94 Budget, he supported the two positions because of the rabies epidemic in Columbus County. An incident occurred in his neighborhood this morning with a sick raccoon. After numerous calls to the Animal Control Center, N. C. wildlife Commission, the Dead Animal Disposal Unit, and the County Maintenance Department, the neighbors were told to shoot and bury the animal. The Animal Control Center could not respond unless someone had been bitten. Concern was expressed for the County not being able to respond to a call of this type, which could be very dangerous with the current epidemic of rabies. with continued growth of the County and a lack of space, more wild animals will appear in neighborhoods; therefore, the Animal Control Center should develop a policy to address problems of this type. Discussion was held on using inmates in the Jail Annex to assist the Animal Control Center; however, under state Law, an inmate must volunteer his or her services. Sheriff McQueen is presently working with the State to see if authorization can be obtained to offer inmates a shorter sentence if they work at the Animal Control Shelter. Director Currie reported this is an excellent idea; however, someone would have to supervise the inmates. Also, the Animal Control Advisory Board is exploring the possibility of allowing persons issued citations to work at the Animal Control Center in lieu of paying the fee. commissioner Barone inquired as to whether Animal Control has investigated developing a policy to assist people who 'cannot afford to pay the fees for claiming their animals? Director Currie reported no discussion has been held on this matter. . After further discussion, Chairman Greer requested the Animal Control Director to work with the Sheriff to see if authority can be obtained from the State to use the services of the inmates in the Jail Annex. Motion: After discussion of the number of positions that were not approved for other departments and the possible use of inmates at the Jail Annex, Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the Kennel Manager position as recommended by staff, and to approve the accompanying Budget Amendment. The floor was opened for discussion. commissioner Sisson expressed concern for approving only one position and reported he will be asking for another position when the need arises. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #94-0045 - Health Department/Animal Control Debit Credit citations - Animal Control $18,422 . Salaries & Wages FICA Retirement Medical Insurance Departmental Supplies Uniforms $13,510 $ 1,034 $ 673 $ 2,005 $ 300 $ 900 Purpose: To budget from greater than expected revenue collected from Animal Control citations to fund a Kennel Manager position for the Animal Control Center. BREAK Chairman Greer called a break from 11:05 until 11:20 A.M. j ( , MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 70.6 SECOND READING OF ORDINANCES TO PROVIDE FOR THE FLOW CONTROL OF SOLID WASTE, REQUIRE LICENSES FOR SOLID WASTE COLLECTORS; AND APPROVAL OF INTERLOCAL AGREEMENT WITH MUNICIPALITIES FOR APPROVAL OF THE COUNTY'S SOLID WASTE MANAGEMENT PLAN Director of Environmental Management, Ray Church, recommended approval of ordinances to control the flow of solid waste and require the haulers to be licensed. Also, the Commissioners were requested to approve the interlocal agreement with municipalities for approval of the New Hanover County Solid Waste Plan. Staff has met with the haulers and the primary question to be answered is whether the flow control ordinance is legally acceptable. The Supreme Court will hear a case in October and render a decision on this matter. The haulers were also concerned about the county not charging a license fee to the municipalities and construction contract haulers. Staff is in the process of checking with other counties to see how their licensing policies cover any persons deriving a profit from contracted waste hauling. commissioner Barone commented on this case being heard by the Supreme Court in October and expressed concern for New Hanover County adopting an ordinance before a decision is rendered. At the present time one of the local haulers is constructing a landfill that will be opened within the three weeks and tonnage will be removed from the County on a daily basis. If the flow control ordinance is adopted before the Supreme Court renders a decision, the County could be sued and thousands of dollars will be spent in legal fees. She recommended waittng until a decision is rendered by the Supreme Court before adopting the ordinance. Chairman Greer expressed concern for this type of an arrangement and stated the County's investment in the incinerator must be protected; therefore, the proposed ordinances must be adopted. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the two ordinances as presented and approve the inter local agreement as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Copies of the ordinances and inter local agreement are hereby incorporated as part of the minutes and are contained in Exhibit Book XXI, Page 18. The ordinances will be codified into the County Code once the Solid Waste Management Plan is adopted by the State. STATUS REPORT ON THE NEW HANOVER COUNTY AIRPORT BURN PIT SITE Director of Environmental Management, Ray Church, requested City Attorney, Tom Pollard, to report on the status of the Airport Burn pit site. I l Attorney Pollard reported on continued negotiations with EPA on the terms of the Consent Decree with concessions on the payment schedule and stipulated penalties. As to the remedy for the pump and treat alternative, there has been no progress. The Record of Decision calls for another year of testing at the site before a Remedial Design Plan goes into effect. After the trip to washington, it appears a long-term extension will not be granted which would have allowed the City and County to see if the State would reclassify the groundwater; however, a short-term extension may be granted to complete negotiations with the U. S. Corps of Engineers. Procedures are now in place to request the State to reclassify the groundwater; however, more testing will be required to know where the groundwater is flowing and the vertical extent of () () () . . . ~ ~: MtNUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 707 contamination. If these concerns can be satisfied, the site would be a good candidate for state groundwater reclassification. The question to be answered is whether state groundwater reclassification will influence the remedy selected by EPA? At this time, there is not an answer to this question. Director of Environmental Management, Ray Church, reported the groundwater reclassification is on a fast-track schedule. Mr. Bob Jamieson, called when returning from Washington, D. C., and a meeting was held on Thursday morning. The state appears to be cooperative and supportive of the reclassification. commissioner Congressman Rose, could be of no exhausted. sisson reported on a conversation with who is most supportive, but indicated that he assistance until the state remedy has been Chairman Greer stated, in his opinion, eventually the Board will have to determine what the County is willing to spend on cleaning up the Airport Burn pit site. Many sites throughout the country are much more contaminated and it is unreasonable to ask New Hanover County to pay an additional $2.5 million. Perhaps, this matter should be resolved through the court system. Further discussion was held on the support and concern shown by the members of the Congressional Deleg~tion. The Chairman was authorized to write a letter of appreciation and also inform them on the process being made in reclassification of the groundwater. Chairman Greer, on behalf of the Board, expressed appreciation to City Attorney, Tom Pollard, for taking time to present the status report. APPROVAL OF AMENDMENT TO CHAPTER 11, NUISANCES, ARTICLE III, NOISE ORDINANCE Captain Johnson requested deletion of Section 11-60 of the Noise Ordinance due to the difficulty with enforcement since there are no noise standards, such as loudness and duration of the noise. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to delete Section 11-60 of the Noise Ordinance, Permits for Additional Amplification. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XII, Page 17. The ordinance will be codified into the New Hanover County Code. " MEETING RECESSED TO HOLD A REGULAR 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 meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 11:50 A.M. Motion: Commissioner Sisson MOVED, SECO~DED by Commissioner Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:55 A.M. " . ; j ~INUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 708 COMMITTEE APPOINTMENTS Appointments of Corneille Sineath, Charles M. Coleman, Jr., and Philip Sharpe to Serve on the New Hanover Regional Medical Center Board of Trustees Chairman Greer reported three vacancies exist on the Hospital Board of Trustees and in order to comply with the change in the term of years, two persons will have to be appointed to serve 2- year terms and one person appointed to serve a 3-year term. He inquired as to whether this is satisfactory with the Board. .() Consensus: It was the consensus of the Board to appoint two persons to serve 2-year terms and one person to serve a 3-year term. Chairman Greer opened the floor to receive nominations. commissioner sisson nominated Corneille Sineath, seconded by Commissioner Barone. Vice-Chairman Mathews nominated Charles M. Coleman, Jr., seconded by Commissioner Caster. commissioner Barone nominated Philip Sharpe, seconded by Commissioner Caster. commissioner Caster nominated Gary V. Longordo. No second was received. commissioner Sisson nominated Elbert V. Kring. No second was received. commissioner Sisson nominated Cheri H. Allen. No second was received. () commissioner Caster nominated Patrick J. Ballantine, seconded by Commissioner sisson. Vice-Chairman Mathews nominated Henry von Oesen, seconded by Chairman Greer. Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster to close the nominations. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of Corneille Sineath. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Caster Vote: Chairman Greer called for a vote on the appointment of Charles M. Coleman, Jr. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer o I I I I I I l Voting Nay: Commissioner Sisson Vote: Chairman Greer called for a vote on the appointment of Philip Sharpe. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster . . . '""lllIll MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 7'09 commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews The Clerk was requested to write the names of the three appointees on slips of paper with a person from the general public drawing one name as the appointee to be assigned to serve the 3- year term. The following terms were assigned: corneille Sineath - 3-year term Charles M. Coleman, Jr. - 2-year term Philip Sharpe - 2 year-term A lengthy discussion was held on the fact that five persons were nominated with a second and that a vote was not called on all five persons nominated. Motion: Commissioner Sisson MOVED to request the County Attorney to write a policy to be incorporated into the Rules of Procedure for the proper voting procedure to be followed in a situation of this type. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. No further action was taken. ADDITIONAL ITEMS ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS AND CERTAIN RELATED MATTERS County Attorney, Wanda M. Copley, requested a motion for introduction of the resolution. Motion: Commissioner Caster introduced and MOVED to adopt a resolution directing the filing of an application with the Local Government Commission for issuance of $30,000,000 in Hospital Revenue Bonds; to hire LeBoeuf, Lamb, Leiby & McRae as bond counsel; and authorize certain County offices to sign and execute certain documents required for debt issuance. The MOTION WAS SECONDED by Vice-Chairman Mathews. 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 17. County Attorney Copley commented on desiring to close out the bond issue by November 1 and requested the Board to continue the meeting of October 4, 1993, until October 6, 1993, in order to approve other bond items, which cannot be approved until the application has been approved by the Local Government Commission on October 5, 1993. Consensus: It was the consensus of the Board to continue the meeting of October 4, 1993, to October 6, 1993, as requested by the County Attorney. PRESENTATION OF EXCERPT FROM THE 1989 REPORT OF THE SURGEON GENERAL RELATIVE TO THE HEALTH CONSEQUENCES OF SMOKING Commissioner Sisson presented an excerpt from the Report of the Surgeon General in 1989 pertaining to the dangers of cigarette smoke to passive smokers. He urged the, Commissioners and the Board of Health to take this matter into consideration when holding the Public Hearing on October 6, 1993, to consider a more stringent Smoking Ordinance for New Hanover County. REPORT ON HEATING AND COOLING SYSTEM IN THE COUNTY COURTHOUSE Vice-Chairman Mathews inquired as to when the heating and air- conditioning work will be completed in the Courthouse. ~ ( MINUTES OF REGULAR MEETING, S~PTEMBER 20, 1993 ... t) .... iJ. .. PAGE 710 .,..-" Qo ~ ~ p1\ Assistant to the County Manager, Pat Melvin, reported bids will be opened on Tuesday, September 21, 1993, at 3:00 P.M.; therefore, no completion date has been established. ANNOUNCEMENT OF ARTICLE IN THE NEW ENGLAND JOURNAL OF MEDICINE BY BERT KRING Chairman Greer reported that Bert Kring has an article published in the New England Journal of Medicine which implies that one can receive more nicotine through vegetables like cauliflower and broccoli than through cigarettes. History was presented on the existing Smoking Ordinance, which has now been adopted by the City of Wilmington and beach communities. The Board of Health is now considering a more stringent Smoking Ordinance since the General Assembly enacted legislation that will not allow counties to adopt local smoking ordinances after October 15, 1993. Currently, the Board of Health can pass a Smoking Ordinance for the protection of public health. If enacted, the proposed ordinance could be challenged in court by the tobacco industry and by persons who are concerned with the amount of authority grated to Boards of Health. The County may have to decide on whether to support the Board of Health if a lawsuit is filed. ERNST & YOUNG FINANCIAL REPORT FOR NEW HANOVER REGIONAL MEDICAL CI~NTER Commissioner Caster commented on the excellent financial report received by New Hanover Regional Medical Center when reviewed by the firm of Ernst & Young in applying for the revenue bond issue. New Hanover Regional Medical Center exceeds other hospitals of its size and has a high bond rating. He urged the Commissioners to read the report to better understand the accomplishments and outstanding services now being rendered by the hospital. DISCUSSION OF FORMAT FOR GLOBAL TRANSPARK PUBLIC HEARING Chairman Greer recommended receiving public comments for 60 minutes with 30 minutes allowed for representatives of Global TransPark to respond to questions and concerns. Consensus: After discussion, it was the consensus of the Board to allow 60 minutes for public comments with a 3-minute time limit for each speaker. The representatives of Global TransPark will be allowed 30 minutes to respond. The Clerk was requested to purchase a timer to ensure compliance to the time constraint. ANNOUNCEMENT OF HUMAN SERVICES TRANSPORTATION ADVISORY BOARD MEETING ON SEPTEMBER 21, 1993 Commissioner Sisson reported the Human Services Transportation Advisory Board is holding a meeting on September 21, 1993, at 3:00 P.M. with Ms. Lisa Bloom-Pruitt of the N. C. Department of Transportation as the guest speaker. Discussion will be held on the County's Transportation Plan, and the Commissioners were encouraged to attend. Discussion was held on the invitation extended to the Commissioners for scheduling a ride on a van. It was the consensus of the Board to consider scheduling a ride in the month of October. DISCUSSION OF HOLDING THE LAND USE PLAN WORK SESSION Chairman Greer inquired as to whether the joint City/County Work Session should held on the revised Land Use Plan since a 30- day extension has been granted by the Board. He recommended scheduling the joint Work Session after comments are heard at the Public Hearing scheduled for October 11, 1993, since additional comments will be heard from the various industries and trade associations. Assistant County Manager Weaver recommended holding the joint City/County Work session on September 28, 1993, since it appears a meeting will be needed to discuss the Airport Burn pit site. Also, it would be an opportune time to discuss any items of concern for o o n '--0 . . . ~ ~" MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1993 PAGE 711 the revisions made after the Public Hearing held on September 7, 1993. No action was taken. MEETING CONTINUED UNTIL SEPTEMBER 23, 1993 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to continue the meeting until Thursday, September 23, 19-93, at 7: 30 P. M. in order to decide if New Hanover County should join the Global TransPark Zone after the Public Hearing has been concluded. Upon vote, the MOTION CARRIED UNANIMOUSLY. Respectfully submitted, a&s/~ Lucie F. Harrell Clerk to the Board j