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1991-11-18 Regular Meeting . . . -.., MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 :7'06 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 18, 1991, at 9:00 o'clock A.M., in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Robert G. Greer; William H. Sutton; Vice-Chairman E. L. Mathews, Jr.; Chairman Fred Retchin; Assistant County Attorney, Wanda Copley; County Manager, Allen O'Neal; and Clerk to the Board, Lucie F. Harrell. Commissioner Jonathan Barfield, Sr. arrived late due to unforeseen difficulties. Chairman Retchin called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. County Manager Allen O'Neal led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Retchin asked if 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 items or comments were received. APPROVAL OF CONSENT AGENDA Motion: Commissioner Greer MOVED, SECONDED by Commissioner Sutton to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Greer Commissioner Sutton Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Barfield CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Work Session of October 21, 1991, and the minutes of the Regular Meeting of November 4, 1991, as presented. Adoption of Proclamation Designating December 1-7, 1991, as "National Home Care Week" in New Hanover County - Health Department The Commissioners adopted a proclamation designating December 1-7, 1991, as "National Home Care Week" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 23. Release of Penalties and Value Adjustments of Properties - Tax Department The Commissioners released the following penalties as recommended by the Tax Administrator due to taxpayers certifying they made valid listings during the listing period: Ennis, G. R., Jr. Marvil Package Co. d/b/a Talley Corbett Box Co. Nelson, Christopher Glen Spears, Margaret M. $70.50 $ 6.09 $ 3.29 $12.66 ( MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 7-07 The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers as recommended by the Tax Administrator: Harts, Pauline Harvey, Lonie L. Womble, J. G., Heirs Mills, David R. $12,000 $12,000 $12,000 $12,000 The Commissioners approved value adjustments on the following properties because of conditions that had not been brought to the attention of the Tax Department: () Aldridge, Michael Blount Finch, Chad Sherwood Jabr, Shawkat M. Kreh, Marion G. Leonard, Ernest L. Martin, Clyde G. & Delores C. McEachern, Staurt D., III Price, Joseph B. Jr. & Neva H. $ $ $ $ $ 532 $23,230 $ 7,250' $ 1,424 4,025 6,787 395 4,785 The Commissioners released the following certification penalty since this was the taxpayer's first offense: Garrett, Judith Saikley $ 100 Acceptance of Tax Collection Reports The Commissioners accepted the following Tax Collection Reports through October 31, 1991, as submitted by the Collector of Revenue: (1) New Hanover County Tax Collections; and (2) 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 XIX, Page 23. () Adoption of Resolution Accepting the Right-of-way Between Hugh MacRae Park , Long Leaf Hills Drive The Commissioners adopted a resolution accepting the right-of- way between Hugh MacRae Park and Long Leaf Hills Drive. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 23. Adoption of Resolutions for Road Additions to the State Highway System The Commissioners adopted resolutions for addition of the following roads to the State Highway System: Greens Ferry Court & Drummond Dr., section 2 Lansdowne South (File #683-N) North Seaview Rd. & West Seaview Rd. (File #684-N) Beresford Court North & Barton Oaks Drive section 1 & 2 of Barton Oaks Subdivision (File #678-N) Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XIX, Page 23. () Approval of Budget Amendment #92-0071 - Museum Expansion The Commissioners approved the following Budget Amendment: 92-0071 Museum Expansion Debit Credit Museum Expansion Interest on Investments $20,000 Contingency $20,000 . . . "\ ~;; ~ i~'~,!, ~~ .1. MINUTES OF REGULAR MEETING, NOVEMBER 18, 19'91 708 Purpose: To budget interest earnings on the Museum Expansion Capital Project to the project's contingency account. Budget Amendment #92-0074 Reported for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: 92-0074 Non-Departmental/Inspections Debit Credit Non-Departmental Retirement - Military $ 2,620 Inspections Department Salaries and Wages $ 2,620 Purpose: Transfer of funds for military retirement contribution. (For accounting purposes only). Approval of Budget Amendment #92-0075 Human services Transportation Plan The Commissioners approved the following Budget Amendment: 92-0075 Human Services Transportation Plan Debit Credit Human Services Transportation Plan TAP - Medicaid $ 4,218 Transportation - Elderly & Handicapped $ 28,269 TAP - Medicaid TAP - Elderly TAP - Handicapped $ 4,218 $17,598 $10,671 Purpose: To budget additional funds for the Human Services Transportation Plan. New Medicaid funds are being budgeted for medical assistance transportation in the amount of $4,218. The FY 1991-92 Elderly and Handicapped Grant is also being budgeted in the amount of $28,269. Approval of Budget Amendment #92-0076 community Based Alternatives Agencies The Commissioners approved the following Budget Amendment: 92-0076 community Based Alternatives Agencies Debit Credit Community Based Alternatives Aqencies' CBA Grants $ 1,697 After School Enrichment Program Big Buddy Program $ 1,197 500 Purpose: To budget remaining FY 1991-92 CBA recommendation was made by the Human Services Committee at its meeting of November 5, 1991. required. funds. The funding Allocation Advisory No county funds are Ratification of Law Enforcement Contract #92-0217 Between New Hanover county, the New Hanover County Alcoholic Beverage Control Board, and the Sheriff of New Hanover County The Commissioners ratified the contract between New Hanover County, the New Hanover County Alcoholic Beverage Control Board, and the Sheriff of New Hanover County. This contract sets forth the terms under which the Sheriff will provide ABC law enforcement in New Hanover County,. A copy of the contract is on file in the Legal Department. ( i i , I I I M~NUTES OF REGULAR MEETING, NOVEMBER 18, 1991 709 Approval of Contract #92-0206 with Medical Transportation specialists, Inc. The Commissioners approved the annual contract with Medical Transportation Specialists, Inc. to provide scheduled non-emergency ambulance service within New Hanover County and non-emergency and emergency ambulance service originating within New Hanover County with an out-of-county destination. The negotiated amount of $40,000 is a significant reduction from FY 1990-91's contribution of $132,000. The Chairman was authorized to execute the contract documents. o A copy of the contract is on file in the Legal Department. Award of Contract #92-0203 to Low Bidder, Elevator Specialists of Carolina, Inc. for Elevator Maintenance and Service The Commissioners awarded the low bid to Elevator Specialists of Carolina, Inc. in the amount of $1,490 for maintenance and service to 15 county elevators and two dumbwaiters for a period of two years. The Chairman was authorized to execute the contract documents. The following bids were received: Dover Elevator Eastern Elevator Elevator Sales & Service Elevator Specialists of Carolina $1,890 $1,697 $2,050 $1,490 A copy of the contract is on file in the Legal Department. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal recognized the following new County employees: Terri Carr Lisa Horne Patrick Lowe John Davis Islah Speller Darryl Martin Steven Cavanaugh Dewey Gray Health Department Planning Department Planning Department Health Department Health Department Water & Sewer Finance Tax Department Inspections () Chairman Retchin welcomed the new employees and wished them a long tenure serving the citizens of New Hanover County. PRESENTATION OF RETIREMENT PLAQUE TO LAWRENCE A. MANNING Chairman Retchin, on behalf of the Board, presented a retirement plaque to Detective Lawrence A. Manning for 16 years of law enforcement service in the New Hanover County Sheriff's Department. He wished him a happy and well deserved retirement. STATUS REPORT ON GROUNDWATER STUDIES Assistant County manager, Dave Weaver, presented a status report on groundwater studies and stated since 1982 the following action has been taken to protect the Castle Hayne Aquifer: -Completion of zoning of the Castle Hayne area. -Creation of large lot zoning under a Rural Agriculture District with 30,000 sq. ft. minimum lot size. () -Consideration of aquifer protection in rezonings. -Development of limited drainage controls that will assist in aquifer recharge. -Development of aquifer protection policies in the Land-Use Plan. -Expansion of the sewer system to eliminate septic system pollution. . . . '.,f'<t~ ~ ~ . :~"';.:,;. { MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 710 -Publishing of 1989 report, "Drinking Water in New Hanover County" . -Unsuccessful effort to obtain a state grant with the Cape Fear Council of Governments to develop groundwater protection regulations. The County entered into negotiation with the U. S. Geological Survey in the Spring of 1990 for performance of a study; however, due to an estimated cost of $275,000, the County decided not to enter into the agreement. As of Friday afternoon, the County has been requested by the Council of Governments to re-apply for a State grant to develop groundwater protection regulations; therefore, Staff would recommend re-applying for the State grant through the Council of Governments and continue to negotiate with the U. S. Geological Survey for performance of a study at a lower cost. Motion: After further discussion, Commissioner Sutton MOVED, SECONDED by. Chairman Retchin to direct the County Administrative Staff to re-apply for the State grant with the Council of Governments and continue to review options available to study and protect the Castle Hayne Aquifer, including re-negotiation with the U. S. Geological Survey. The floor was opened for discussion. Vice-Chairman Mathews inquired as to what will happen if the State grant is not obtained and stressed the importance of performing the study. Chairman Retchin stated the Council of Governments has urged the County to re-apply for the State grant; therefore, it is felt the grant will be awarded. Assistant County Manager Weaver stated the State grant with the Cape Fear Council of Governments would be for development of regulations that will protect the groundwater and minimize the possible contamination of the groundwater. The study with the U. S. Geological survey would focus on the quantity of the water in the aquifer and define the boundary where the fresh groundwater system and saline water system interface. Chairman Retchin called for a vote on the MOTION to direct the Administrative Staff to negotiate and explore all options available for performance of a groundwater study and re-apply for the State grant. Upon vote,. the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Greer Commissioner Sutton Vice-Chairman Mathews Chairman Retchin Absent: commissioner Barfield ENDORSEMENT OF AMENDMENT TO GENERAL STATUTE 153A-77 TO ALLOW COUNTIES TO CONSOLIDATE POWERS OF ADVISORY BOARDS UNDER THE JURISDICTION OF THE BOARD OF COUNTY COMMISSIONERS Chairman Retchin stated Moore County has requested counties throughout the State to endorse an amendment to General Statute 153A-77 to change the current population requirement to allow counties the option to consolidate powers of the Board of Social Services, and other such advisory boards, under the jurisdiction of the Board of County Commissioners. The ,s~atute currently provides this authority to counties with a population "in access of 425,000" which applies only to Mecklenburg County. Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to )Oln in with Moore County and endorse preparation of an amendment to General statute 153A-77 to amend the population requirement to allow any county the option of consolidating the powers of the Board of Social Services, and other such advisory j ( MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 711 boards, under Commissioners. the j ur isdiction of the Board The floor was opened for discussion: County of Commissioner sutton stated if the County is to be financially responsible for the human services departments and mandated by the federal government to pay fines for job performance ratings, the County should have control over these departments to provide accountability. Chairman Retchin called for a vote on the MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Greer commissioner Sutton Vice-Chairman Mathews Chairman Retchin Absent: Commissioner Barfield ADOPTION OF A COUNTY ORDINANCE UPON THE FIRST READING, ADDING ARTICLE IX, "REGULATION OF LIQUEFIED PETROLEUM TANKS" TO CHAPTER 5 OF THE NEW HANOVER COUNTY CODE - INSPECTIONS DEPARTMENT Director of Inspections, Sky Conklin, stated as a result of recent code changes, local Inspection Departments no longer have authority to permit and inspect liquefied petroleum tank installations. This function is now the sole responsibility of the N. C. Department of Agriculture. At the present time, the Department of Agriculture has six (6) inspectors to cover the entire state for all propane installations; therefore, it is not possible to inspect every installation prior to LP gas service being rendered. Under GS 119-55, local jurisdictions can adopt an ordinance complying to the Department of Agriculture's regulations through a cooperative agreement. After review, the Inspections Department highly recommends adoption of the proposed ordinance due to the number of liquefied petroleum tanks being installed without proper inspection. Also, it is important to know where propane tanks are located throughout the County in order to administer safety procedures during hurricane driven flood waters. Commissioner Greer inquired as to why the County should regulate this installation when it is a function of the State Department of Agriculture? Inspections Director Conklin stated due to liquefied petroleum being a very volatile and inflammable material, it is imperative to regulate the installation and handling of this product in order to protect the general public. with the shortage of State inspectors, it is not possible for the Department of Agriculture to adequately inspect installation and handling procedures. ARRIVAL OF COMMISSIONER JONATHAN BARFIELD, SR. Commissioner Barfield arrived at 9:30 o'clock A.M. Motion: After discussion of the danger involved to the general public with improper installation of propane tanks, Vice-Chairman Mathews MOVED, SECONDED by Chairman Retchin to amend the New Hanover County Code of Ordinances by adding Article IX, "Regulation of L.P. Tanks" to Chapter 5 as submitted by the Inspections Director. The floor was opened fqr discussion. Mr. Jim Mizelle, a L. P. Gas Engineer Division Head with the N. C. Department of Agriculture, expressed no opposition to the proposed ordinance and requested that the Department of Agriculture be allowed to participate in the training of L.P. Inspectors. Commissioner Barfield inquired as to the fee charged by the Inspections Department for a liquefied propane tank installation permit? Inspections Director Conklin stated the fee is $25 for each tank installed and no charge for refills. () () () -.., ;.~~ n:. ~} :. MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 712 . commissioner sutton commented on the need for proper inspection of the liquefied propane tanks and expressed no opposition to the proposed ordinance if adopted contingent upon a 12-month review to see if the state has hired enough inspectors to adequately provide this service. Motion Amended: Vice-Chairman Mathews amended the MOTION, SECONDED by Chairman Retchin to adopt the ordinance as submitted with a 12- month review to see if the County should continue to permit and inspect liquefied propane tank installations. Upon vote, the MOTION CARRIED UNANIMOUSLY AND THE ORDINANCE WAS ADOPTED UPON THE FIRST READING. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 24. TAX VALUE UPHELD ON APPEAL OF DISCOVERED VALUE SUBMITTED BY ROBERT WOLFE, JR. Tax Administrator, Roland Register, requested the Board to uphold discovery values and tax penal ties assessed by the Tax Department on the commercial party boat owned by Robert Wolfe, Jr. since the appellant is not present and no marine survey has been received within the 30-day time frame. . Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Greer to uphold the discovery values and tax penalties as assessed by the Tax Department on a commercial party boat owned by Robert Wolfe, Jr. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPEALS OF VALUE FROM TAX MANAGEMENT ASSOCIATES, INC.'S AUDITS Tax Administrator, Roland Register, stated release of values are confined by GS 105-381 to a clerical error, illegal tax, or a tax levied for an illegal purpose. The Board is prohibited from releasing, refunding, or compromising all or any portion of the taxes unless expressly provided by the general statutes. Due to court cases involving discretion of the Board, equal protection by the law requires a uniformity of discretion and action that can be afforded everyone on a consistent basis. Tax Appeal by Hanover Iron Works, Inc. Tax Administrator, Roland Register, stated this appeal is based upon the discovery and taxation of the contractor's inventory. Hanover Iron Works, Inc. is appealing the discovery on the basis that the inventory in question is exempted by State law as of 1987 since there is a fine line between construction inventories and manufactured inventories. An opinion rendered by the N. C. Department of Revenue recommends that the County uphold the taxation of contractors inventories since the statute does not specifically exempt the inventories held by contractors. . A lengthy discussion was held on the intent of the State law and insufficient information on the appeal. Tax Administrator Register stated the N. C. Department of Revenue has rendered the opinion that materials or supplies owned by contractors and used in the completion of contracts do not qualify as inventory under the statute and are therefore subject to taxation. It is important to note that the N. C. Property Tax Commission has been consistent in upholding this position. Tax Administrator Register recommended upholding the taxes and penalties assessed since the statute does not specifically exempt inventories held by contractors. The appellant can then appeal to the N. C. Property Tax Commission where a decision can be rendered. Mr. Joseph W. Husbands, Controller for Hanover Iron Works, Inc., commented on regulations governing inventories and presented the following issues: -Hanover Iron Works, Inc.'s inventories are broken into two main categorie~, supplies and work-in-process. The ( MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 713 supplies consist of metal sheets, tar, fasteners, PVC fittings, grilles, registers, etc. all of which are common items that go into the makeup of the products which are sold in the form of a finished roof or HVAC system. The work-in-process items are further broken down into labor, material and subcontracts, all of which have been charged to a specific job and will become part of the bill of sale when sold to the customer. The state law clearly states that manufactured inventories will be \0-- exempt since they are part of the finished product. The ~ law does not mention how construction inventories are to be handled; however, Hanover Iron Works contends that the only basic difference between construction inventories and manufactured inventories is the location in which the product is built. In the case of a manufacturing concern, the components of labor, material and supplies (those becoming part of the product) are normally produced inside a structure, whereas, the same types of construction inventories also go into the makeup of a finished roof or HVAC system. -Hanover Iron Works, Inc. contends there is a fine line between manufacturing and construction that is not clearly defined in the state law. -Intent of the state law: At the time the law was passed, there was a capital surplus and Governor Martin was using the elimination of the tax on inventories as a method to rebate the surplus to the customer by this tax not being passed to manufacturing customers and, therefore, being passed to the consumer. The same logic can be applied to construction customers, and it is Hanover Iron Works' belief that the law's intention was to do that. It is clear from the listing on the tax return that the supplies indicated are supplies for a company's own use, which have been reported correctly. Supplies that are clearly used to be a part of the job and are passed on to the customer are for resale and are therefore tax exempt. Consensus: After a lengthy discussion on the intent of the law and the need for additional information, it was the consensus of the Board to direct the Tax Administrator to meet with representatives of Hanover Iron Works, Inc. to provide the actual inventory listed and where discrepancies exist in order for the Board to have sufficient information to render a decision. () Tax Appeal of Value from Lyndale Enterprises, Inc. d/b/a Bellamy Drug Company Tax Administrator Register recommended release of the penalty on the inventory discovered only-due to errors and omissions by the County staff. The adjusted value from charging the appropriate FIFO method should be upheld as taxable. Mr. Jimmy Millis, representing Bellamy Drugs, expressed no opposition to the recommendation by the Tax Administrator. Consensus: It was the consensus of the Board to uphold the recommendation of the Tax Department and release the penalty only on the inventory discovery and uphold the adjusted value from charging the appropriate FIFO method as taxable. n \ / BREAK Chairman Retchin convened from Regular Session for a break from 10:20 o'clock A.M. until 10:45 o'clock A.M. DISCUSSION OF STATE LAW GOVERNING EXEMPTION OF INVENTORIES Chairman Retchin stated after discussion of the intent of the State law governing the repeal of the inventory tax during the break, the question to be addressed is whether Hanover Iron Works' l ~ ~;'$~' MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 714 inventories are taxable under the current law. In his opinion, the intent of the law is that inventory to be sold to the consumer, regardless of what stage it is in, should be exempt from the inventory tax. He recommended revisiting the appeal by Hanover Iron Works, Inc. . Tax Administrator Register urged the Board to uphold the taxes and penalties assessed to Hanover Iron Works, Inc. since the statute does not specifically exempt inventories held by contractors. The appellant can then appeal to the N. C. Property Tax Commission for a ruling in this case. He cautioned making a decision of this type on the local level and stated every contractor in New Hanover County that has reported these types of inventories and has been charged will be eligible for a refund. Motion: penalties to appeal floor was Vice-Chairman Mathews MOVED, to uphold the taxes and to Hanover Iron Works, Inc. in order to allow the company to the N. C. Property Tax Commission for a ruling. The opened for discussion. Motion withdrawn: After discussion of legal expenses that would be incurred by Hanover Iron.Works, Inc. in filing an appeal, Vice- Chairman Mathews withdrew the MOTION. Discussion was held on finding other available options in order to avoid legal expenses for Hanover Iron Works, Inc. Tax Administrator Register offered to invite the Attorney and Property Valuation Specialists of the N. C. Department of Revenue to attend a Work Session and discuss the intent of the law with the Board of County Commissioners. . Commissioner Barfield recommended involving the local legislative delegation, particularly those involved with writing the enabling legislation. Consensus: After further discussion, it was the consensus of the Board to schedule a Work Session following the Regular Meeting of December 16, 1991, at 1:00 P.M. to discuss the intent of the law governing the repeal of the inventory tax with officials from the N. C. Department of Revenue and the local legislative delegation. DENIAL OF SITUS APPEAL BY RAYMOND GARRISON, JR. Tax Administrator Register recommended denial of the situs appeal filed by Raymond Garrison, Jr., since he has been notified of the time and date of the appeal and is not present. Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to deny the appeal filed by Mr. Raymond Garrison, Jr. and uphold the taxable situs. Upon vote, the MOTION CARRIED UNANIMOUSLY. . AUTHORIZATION FOR TAX ADMINISTRATOR TO ISSUE SUBPOeNAS TO BUSINESSES REFUSING TO ALLOW TAX MANAGEMENT ASSOCIATES, INC. TO AUDIT RECORDS Tax Administrator Register requested authorization to issue subpoenas to businesses that refuse to allow Tax Management Associates, Inc. to audit records. The subpoenas will require individuals to appear in person and produce the necessary documents to the Tax Department. Consensus: After discussion, it was the consensus of the Board to authorize the Tax Administrator to issue subpoenas duly executed by the Chairman of the Board of County Commissioners to businesses refusing to allow Tax Management Associates, Inc. to audit records. APPROVAL OF CHANGE ORDER #1 TO POST, BUCKLEY, SCHUH & JERNIGAN FOR MODIFICATION OF LANDFILL CELL #4 CONSTRUCTION DRAWINGS Director of Environmental Management, Ray Church, requested approval of Change Order #1 in the amount of $15,000 for ( ! MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 715 modification of the construction drawings for Landfill Cell #4 to change the plan to fit the access road. Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to approve Change Order #1 in the amount of $15,000 to the Post, Buckley, Schuh & Jernigan for modification of construction drawings for Landfill Cell #4 contingent upon final approval by the Legal Department. The Chairman was authorized to execute the contract documents. A copy of Change Order #1 is on file in the Legal Department. () APPROVAL OF CONTRACT #92-0219 WITH MCKIM , CREED ENGINEERS FOR STORMWATER DESIGN SERVICES AT THE WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, requested approval of a contract with McKim & Creed Engineers in the amount of $3,400 to design a stormwater drainage modification to control severe erosion and flooding problems being experienced in the basement of the old plant. Vice-Chairman Mathews inquired as to the estimated cost of construction for correction of the stormwater problems, and asked if this was an oversight in the original design of the old plant? Director Church estimated the cost to be between $20,000 to $30,000 and stated the drainage problem should have been addressed in the design of the plant. Motion: After discussion, Commissioner Sutton MOVED, SECONDED by Chairman Retchin to approve the contract wi th McKim & Creed Engineers in the amount of $3,400 for stormwater design services at the Waste-to-Energy Facility contingent upon final approval by the Legal Department. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. () COMMITTEE APPOINTMENTS Appointment of Olga R. Wheatley to the Cape Fear Museum Board of Trustees Chairman Retchin statect five applications have been received to fill one unexpired term on the Cape Fear Museum Board of Trustees due to the resignation of Lorraine Means. The Museum Board has recommended the appointment of Olga R. Wheat.ley. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner sutton to accept the recommendation of the Museum Board of Trustees and appoint Olga R. Wheatley to serve the unexpired term of Lorraine Means. The term will expire June 30, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. Reappointment of Steve M. Miller to Serve on the New Hanover County Plumbing Board of Examiners Chairman Retchin stated Steve M. Miller has requested to be reappointed to serve another term on the Plumbing Board of Examiners. No other applications have been received. Motion: Commissioner sutton MOVED, SECONDED by Vice-Chairman Mathews to reappoint Steve M. Miller to serve a 3-year term on the New Hanover County Plumbing Board of Examiners. The term is to expire December 1, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Appointment of John Watkins, Sr. to Serve on the New Hanover county zoning Board of Adjustment Chairman Retchin stated seven applications have been received to fill the vacancy on the Zoning Board of Adjustment with two of the applicants presently serving as alternates. ~ . ..~!~ ;~-~:~" ~r MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 716 Motion: . Commissioner Greer MOVED, Barfield to appoint John Watkins, Sr. discussion. SECONDED by Commissioner The floor was opened for . vice-Chairman Mathews stated due to the responsibilities of this board, he would prefer an alternate being appointed to fill the vacancy. Substi tute Motion: Chair~an Retchin MOVED, SECONDED by Vice- Chairman Mathews to appoint Joy Miller, presently serving as an alternate, to fill the vacancy. Upon vote, the MOTION DID CARRY DUE TO NOT RECEIVING A MAJORITY VOTE. Chairman Retchin called for a vote on the ORIGINAL MOTION to appoint John Watkins, Sr. to serve a 3-year term on the Zoning Board of Adjustment with the term expiring November 15, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: convene Hanover CARRIED Chairman Retchin MOVED, SECONDED by Commissioner Greer to from Regular Session to hold a Regular Meeting of the New County Water & Sewer District. Upon vote, the MOTION UNANIMOUSLY. Chairman Retchin convened from Regular Session at 11:20 o'clock A.M. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Chairman Retchin reconvened to Regular Session at 11:29 o'clock A.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Advertising Cost in Local Newspapers Chairman Retchin commented on the cost of advertising the agenda in the "Neighbors Edition" of the Wilmington Star-News and recommended that the County discontinue publication of the agenda. He also requested consideration of publishing all legal notices in the "Neighbors Section" of the newspaper in order to reduce the cost. Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews to discontinue publishing the agenda in the "Neighbors Edition" of the Wilmington Star-News. The floor was opened for discussion. Commissioner Sutton recommended further negotiation with the newspaper for a reduction in cost and emphasized the importance of keeping the. public informed on current issues being addressed by the Board. Motion withdrawn: Chairman Retchin withdrew his MOTION. . After further discussion, Chairman Retchin recommended preparing a partial agenda of non-routine items for publication. Consensus: It was the consensus of the Board to reduce the cost of publishing the agenda in the "Neighbors Edition" of the Star-News by decreasing the size.of the agenda through publication of non- routine items only. Motion: After further discussion, Chairman Retchin MOVED, SECONDED by Commissioner Sutton to establish a policy directing Staff to publish legal notices in the "Neighbors Edition" of the Star-News instead of the classified section. Advertisements required by law ( i~ MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 ;Z~'b7: for publication in the legal section of the classified ads will be exempt. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Substance Abuse Treatment and Funding of Programs Commissioner Barfield commented on the treatment of substance abuse by the Southeastern Center and requested the County Manager to provide a list of funding allocations to other agencies and the types of services being rendered by those organizations. He emphasized the importance of funds being directed to a facility, such as the Southeastern Center, where clients can receive qualified and professional services. () County Manager O'Neal recommended a review of agencies being funded for substance abuse control as an agenda item for a regular board meeting. Consensus: After further discussion, it was the consensus of the Board to review County funding of substance abuse control organizations and programs at the meeting of December 2, 1991. EXECUTIVE SESSION Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to Executive Session to discuss the acquisition of land. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened from Regular Session to Executive Session at 11:48 o'clock A.M. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Retchin reconvened to Regular Session at 12:58 o'clock P.M. ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 12:59 o'clock P.M. Q?:t~ ~ Lucie F. Harrell Clerk to the Board ()