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1988-02-15 Regular Meeting MINUTES OF REGULAR MEETING, FEBRUARY 1, 1988 (CONTINUED) ~ i39 Washington, D. C. from March 5-8, 1988, it was the consensus of the Board to reschedule the first meeting in March from March 7, 1988, to Wednesday, March 9, 1988, at 7:00 P.M. I Reminder of Water and Sewer District Meeting Clerk to the Board, Lucie F. Harrell, reminded the Commissioners of a Public Hearing scheduled for Tuesday, February 23, 1988, in the Judicial Building, Courtroom 317, to allow public comment on an amendment to the County's 201 Facilities Plan and sewer design. Meeting Scheduled for Commissioners to Visit the Old Courthouse Chairman Dolan requested Director of Engineering & Facilities, Ed Hilton, to plan a time that would be convenient for the Commissioners to visit the Old Courthouse in order for decisions to be made with reference to office space and the Commissioners' meeting room. After discussion, it was the consensus of the Board to visit the Old Courthouse on Tuesday, February 16, 1988, at 3:00 P.M. ADJOURNMENT Commissioner Retchin MOVED, SECONDED Barfield to adjourn. Upon vote, the UNANIMOUSLY. by Commissioner MOTION CARRIED P.M. Chairman Dolan adjourned the meeting at 9:59 o'clock I Respectfully submitted, ~vI/~ Lucie F. Harrell Clerk to the Board MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 15, 1988, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman John M. Dolan was absent. II Vice-Chairman O'Neal called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Albert Gordon, Pastor of the Temple of Israel, gave the invocation. Mr. Paul Williams, of Foreign War, lead Allegiance to the Flag. District Commander of the Veterans the audience in the Pledge of APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the minutes of the Regular Meeting of j .49 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) January 19, 1988, as presented. CARRIED AS FOLLOWS: Upon vote, the MOTION Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan NON-AGENDA ITEMS Vice-Chairman 0' Neal asked if anyone from the general public would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following persons commented: n , ) Mr. Robert Kendrick, President of the Taxpayers Association, expressed concern for the resolution listed on the Regular Agenda endorsing support of Senate Bill 59 requesting the Commissioners to withdraw this item. Vice-Chairman O'Neal requested Mr. Kendrick to discuss this matter in the proper order as listed on the Regular Agenda. Approval of Grant Pre-Application for Crossroads of Wi~ington, Inc. Mr. Jack Dunn, representing Crossroads of Wilmington, Inc., stated the Governor's Crime Commission has requested Crossroads to apply for a grant which requires filing of a grant pre-application executed by the Chairman of the Board of County Commissioners. He stated the purpose of Crossroads is to provide underprivileged children in Wilmington, ages 6-11, living in housing projects and high crime areas., educational and value support. Mr. Dunn requestedcapproval of the grant pre-application. After discussion of the amount of liability that could be incurred by the County, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to execute the grant pre-application subject to review and approval by the County Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: r ~ / Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Commissioner Barfield and Commissioner Retchin complimented Mr. Dunn for the outstanding job being done by Crossroads in working with underprivileged children in New Hanover County. A copy of the pre-application is on file in the Clerk's office. APPROVAL OF CONSENT AGENDA r Commissioner Corbett requested removal of Item #8, awarding the bid to Wachovia Bank & Trust Company, since he is a member of the Board of Directors and considers this '- - item to be a conflict of interest. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the Consent Agenda as presented with removal of Item #8 as requested by Commissioner Corbett. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett I I \ \ \~ '1_'__ ______.......- ~ MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 ( CONTINUED) 41 r.ommissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to excuse Commissioner Corbett from voting on Item #8. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman O'Neal Excused: Commissioner Corbett Absent: Chairman Dolan Award of Bid to Wachovia Bank & Trust Company for Banking Services Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to award the bid to Wachovia Bank & Trust Company for banking services to New Hanover County for the period of March 1, 1988, through February 28, 1993, authorizing the Finance Director to execute the document. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Chairman O'Neal Excused: Commissioner Corbett Absent: Chairman Dolan I Finance Director, Andrew J. Atkinson, introduced Mr. Bill Joyner and Mr. Lee Williams, officials of Wachovia Bank & Trust Company, who expressed appreciation for being given an opportunity to serve the County. CONSENT AGENDA ITEMS Approval of Tax Collection Reports through January 29, 1988 The Commissioners approved the following tax collection reports through January 29, 1988, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are contained in Exhibit Book XVI, Page 8. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as submitted by the Tax Administrator. A copy of the list is contained in Exhibit Book XVI, Page 8. I Authorization for Tax Administrator to Advertise Tax Liens on Real Property The Commissioners authorized the Tax Administrator to advertise tax liens on March 5, 1988, for delinquent real estate taxes for 1987 totaling $2,663,398.14. Adoption Secondary The following of Resolution to Add Roads to North Carolina Road System Commissioners adopted a resolution adding the roads to the State Secondary Road System: Goff Drive (Division File #564) Greenhowe, Pine Valley, and Kirby Smith Drives in j ,,- 42 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) W00dberry Forest Subdivisi@fi (Division File #574-N) Hedgerow Lane (Division File #563-N) A copy of the resolution is contained in Exhibit Book XVI, Page 9. Adoption of Administrative Policy Clarifying the Water & Sewer Ordinance provision on Water Leaks The Commissioners adopted an administrative policy for clarifying the Water & Sewer Ordinance provision on water leaks and procedures for abatements of excess sewer charges. A copy of the policy is contained in Exhibit Book XVI, Page 9. n Approval of Contract Amendment *4 - Cape Fear Utilities, Inc. The Commissioners approved Contract Amendment # 4 between New Hanover County and Cape Fear Utili ties, Inc. authorizing Cape Fear Utilities to transport sewage to the District Sewer System. Adoption of Resolution Accepting Offers to Purchase Surplus Property owned Jointly by New Hanover County and the City of Wilmington The Commissioners adopted resolutions accepting offers to purchase surplus properties owned jointly by New Hanover County and the City of Wilmington. The following properties represent an ad valorem tax value totaling $3,430 as of 1983: Parcel No. R04814-011-011.000 R05413-017-014.000 R04813-021-010.000 R04813-023-026.000 Address 400 Block, Campbell Alley 108 Meares Street 905 Campbell Street 822 Campbell Street n Copies of the resolutions are contained in Exhibit Book XVI, Page 9. Approval of Annual CAMA Contract Between New Hanover County and Department of Natural Resources and Community Development The Commissioners authorized the Chairman to execute the annual CAMA contract providing funds to the County in consideration for processing permits under the Coastal Area Management Act to a maximum expenditure of $6,000. Adoption of Resolution Awarding Bids for Microfilm Equipment for the Department of Social Services The Commissioners adopted a resolution awarding bids to the following companies for purchase of microfilm -equipment for the Department of Social Services: Cavins Business Products - One Camera Bowman Enterprises - One (1) NB Jacket Reader Filler $30,124.75 2,200.00 Eastman Kodak, the lowest responsible bidder for the camera, did not submit a bid meeting specifications as advertised. r \.. - A copy of the resolution and bid tabulation are contained in Exhibit Book XVI, Page 10. Budget Amendments Reported for Entry Into the Record The following Budget Amendments approved by the Budget OffiGer were reported for entry into the record: 88-0195 - Museum Non-Departmental Contingency Debit Credit $ 1,000 \ '\ I I I MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) ~ '43 (continued) Debit Credit Museum Travel, Meetings & Schools $1,000 Increase in Museum's Travel, Meetings & Schools account for travel expenses incurred by the Museum Building Committee visiting other museums. 88-0196 - Management Information Systems Debit Credit Installment Loan Proceeds $56,550 Capital Outlay - Equipment $56,550 To record installment purchase of computer equipment financed through First Union National Bank (for accounting purposes only). FUNDING REQUEST BY DIRECTORS OF VOLUNTEERS IN AGENCIES OF THE LOWER CAPE FEAR (OOVIA) ANNUAL RECEPTION FOR VOLUNTEERS Discussion was held on the SUccess of last year's Annual Reception for Volunteers. Commissioner Barfield recommended allowing time on the program for each Commissioner to make brief remarks instead of going through a reception line. After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the DOVIA funding request in the amount of $5,600 from the County's General Contingency Fund. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Cha,trman Dolan AUTHORIZATION FOR MARINE EXPO COMMITTEE TO PROCEED WITH PLANNING OF MARINE EXPO 1989 Mr. Jack Manock, Chairman of the Marine Expo Steering Committee, presented a report on Marine Expo '87 stating the Committee was pleased with its success and expressed appreciation to the volunteer effort of individuals, businesses, and various industries throughout the area. He respectfully requested authorization to proceed with planning of Marine Expo 1989 commenting on the many benefits derived by our Community from Marine Expo '87. Commissioner Corbett commented on the volunteer work and personal time given by Mr. Manock in - promoting the Marine Research Crescent which emphasizes our most valuable natural resource and asset, the ocean and Cape Fear River. After further discussion, it was the consensus of the Board to authorize the Marine Expo Committee to proceed with planning of Marine Expo '89. Vice-Chairman O'Neal excellent report. thanked Mr . Manock for an APPROVAL OF FUNDING REQUEST FOR COAST LINE CONVENTION CENTER Mr. Bob Murphrey, a Director of Coast Line Convention Management, Inc., gave baCkground information on the status of the Convention Center and presented a proposed Pre-opening Budget and proposed Funding Schedule for previously committed funds by New Hanover County and the I ~ ~4 \ \\ MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) City of Wilmington. He stated the proposed opening date for the center is July 1, 1988, which necessitates immediately hiring a Convention Sales Director to begin promotion of the center. Since no operating income is expected until the center is opened, the Board of Directors voted unanimously to request pre-opening operating funds from New Hanover County in the amount of $16,000 and to also request approval of the draw schedule as submitted. County Manager Cooper stated he had no problem with advancing the funds and recommended authorizing the County to loan the Coast Line Convention Center $16,000 in the form n of a promissory note which will eventually be reimbursed ;. from previously committed funds. He also recommended ' budgeting funds in the 1988/89 Budget to be dispersed as needed instead of setting a Funding Schedule. Mr. Murphrey stated the funding request was in addition to previously committed funds. After discussion of previously commi tted funds, Commissioner Retchin MOVED, SECONDED Commissioner Corbett to authorize the loan of $16,000 to the Coast Line Convention Center to be repaid from previously committed funding. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan PUBLIC HEARING TO CONSIDER NAMING A PRIVATE DRIVE (EASEMENT) TO HILL VALLEY WALK, LOCATED IN FEDERAL POINT TOWNSHIP Vice-Chairman O'Neal opened the Public Hearing. n Planning Director Hayes gave background information on a request to name a private drive located in Federal Point Township to Hill Valley Walk stating all adjacent property owners had been notified. He stated two calls were received from property owners on the drive expressing opposition to the proposed name and recommended naming the drive to Blake Road. Planning Director Hayes stated Blake Road could not be considered since another road is presently named Blake Road. Vice-Chairman O'Neal asked if anyone present would like to speak on the proposed street naming. The following persons commented: Mr. Robert Tregembo, an property owner on the private drive, stated the road has always been called Blake's Road and could not understand selection of the name Hill Valley Walk. Ms. Grenda Batson, the petitioner, stated four names were submitted to the Planning Department with her first choice being Ocean View Road, which was the name used to identify the drive by her family since 1912; however, the only name that was acceptable to the Planning Department r-" without duplication was Hill Valley Walk. '\- / Vice-Chairman O'Neal closed the Public Hearing. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the Order naming the private drive to Hill Valley Walk. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) 45 ~ Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan I A copy of the order is contained in Exhibit Book XVI, Page 10. PUBLIC HEARING TO CONSIDER AMENDMENT TO THE NEW HANOVER COUNTY FLOOD PLAIN MANAGEMENT ORDINANCE FOR COMPLETE COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS Vice-Chairman O'Neal opened the Public Hearing. Planning Director Hayes gave background information on the Flood Plain Regulation Amendments stating the County has been advised by the Division of Emergency Management of the North Carolina Department of Crime Control and Public Safety that revisions to the Flood Damage Prevention Ordinance enacted by the County, dated March 23, 1986, were in compliance with Federal and State guidelines; however, upon close review it was determined that minor deficiencies remain. Director Hayes presented the following amendments in order to comply with all applicable State and Federal requirements: 1. Under Article II, Definitions, Section 2, delete Subsection X as revised and replace as follows: (X) Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. I 2. Under Article III, Administration and Enforcement, Section 2, Duties and Responsibilities, delete revised language of subsection e. and reinstate the language of the 1978 ordinance as follows: e. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. The elevation shall be taken from the top of floors in A-zones and the bottom of the lowest horizontal structural member in V- zones. 3. Under Article, IV, provision for Flood Plain Management Section 2(c) Manufactured Homes, Subsection (2), delete revised language and replace as follows: (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. I: 4. Under Article IV, provisions for Flood Plain Management Section 2 (a), add the following: a. Residential foundation structure, unimpeded provided. Construction. . .. . .. "Should a perimeter wall be used to elevate openings sufficient to facilitate the movements of flood waters shall be 5. Under Article IV, Provisions for Flood Plain Management, Section 2, renumber 2 (c) to 2 (d) (as noted in #3), add a new subsection 2(c) to read as follows: j ~6 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) c. Elevated Buildings. ........ New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following ,0,' minimum criteria: ~ (a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) Access to the enclosed area shall be the mlnlmum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator) . CJ (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas. Vice-Chairman O'Neal asked if anyone present wished to speak on the proposed amendments to the New Hanover County Flood Plain Management Ordinance. No one commented. Vice-Chairman O'Neal closed the Public Hearing. Commissioner Barf ield MOVED, SECONDED by Commissioner Corbett to adopt the proposed amendments to the County's Flood Plain Management Ordinance as presented by the Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan [ A copy of "AN ORDINANCE OF THE COUNTY OF NORTH CAROLINA AMENDING THE FLOODPLAIN REGULATIONS NEW HANOVER COUNTY ADOPTED APRIL AMENDED" is contained in Ordinance Book I, Page NEW HANOVER, MANAGEMENT 3 , 197 8 , AS 3 . FIRST MEETING OF THE BOARD OF EQUALIZATION AND REVIEW SCHEDULED FOR APRIL 18, 1988 After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to schedule the first meeting of the I, '\ MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) 1'4:7 -.., Board of Equalization and Review for April 18, 1988, as the first item of business on the agenda. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan I APPEAL OF TAX DISCOVERY ON BOATS FOR YEARS 1982-87 - SKEETS WINNER CORPORATION Tax Administrator, Roland Register, gave background information on the tax discovery stating the taxpayer contends to be a Florida Corporation which uses boats in both North Carolina and Florida. He stated after recent conversation and legal questions reviewed as to our jurisdiction for tax on personal property, it is the Tax Department's conclusion that the property should be taxed by New Hanover County and Carolina Beach. He stated the boats fall within the taxing jurisdiction of New Hanover County stating the factor to determine is whether the property has acquired situs elsewhere for property tax purposes. If situs is not elsewhere, boats should be taxed by New Hanover County. Tax Administrator Register stated if the taxpayer cannot provide documentation for payment of Florida sales tax on the boats themselves, and also provide corporate income tax returns as submitted to the State of Florida for the period 1982 to current, then no decision should be rendered until the Tax Department receives this pertinent data. I Tax Administrator Register stated Mr. Winner has submitted disclosure on the boats in a very admirable manner with prior listings for other assets in a timely fashion. Mr. Winner does not challenge the values assessed, but the question of whether or not the County has jurisdiction to tax this foreign corporation. He stated the burden of proof is the responsibility of the taxpayer by submitting adequate documentation showing the property has acquired a tax situs in another jurisdiction. Commissioner Retchin asked if payment of the tax in another state would be sufficient proof of situs. Tax Administrator Register stated there is no property tax on boats in Florida. Vice-Chairman O'Neal asked if the appellant wished to speak. The fOllowing person commented: Mr. Don Britt, Attorney representing the Skeets Winner Corporation, presented the fOllowing facts stating after hearing these facts, he felt the Commissioners would feel the boats should not be subject to taxation. I 1. The Speed Queen will be at Carolina Beach more than six months out of the year; therefore, his client agrees to pay property taxes for the year 1988 and all succeeding years. 2. The corporation is a Florida Corporation, with documents showing its incorporation in 1974 in the State of Florida with registration as a foreign corporation with the State of North Carolina. 3. The Winners own property in Marathon, Florida, with documentation of a warranty deed dated July 1974. 4. The boats are used predominantly for fishing in I J ,,4,8 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) Florida, with return to North Carolina during the summer months. 5. Florida does not charge a personal property tax; however, taxes are paid to the State of Florida. A cancelled check in the amount of $14,062.50 for 1976 sales tax and stickers drawn on the Star Bank of Marathon, Florida. Attorney Britt stated the boats are documented boats in the State of Florida. n Commissioner Corbett commented on establishing situs for both boats stating he felt they were two separate issues with the Speed Queen definitely being based in North Carolina and taxable for the year 1987 and 1988. He stated, perhaps, with proper documentation, the Speed Queen would have acquired situs in Florida. A lengthy discussion was held on documentation requested by the Tax Department in order for the Tax Administrator to substantiate the facts and make a recommendation on the appeal. Attorney Britt commented on the privacy of displaying a personal income tax return and requested some form of protection for his client. After further discussion, Commissioner 0' Neal MOVED, SECONDED by Commissioner Corbett, to request Attorney Britt to furnish County Attorney Pope and Tax Administrator Register the necessary documents in order to make a recommendation to be presented to the Board at a later date with the condition that only information pertaining to the tax appeal will be requested on Mr. Winner's personal income tax return. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal n Voting Noe: Chairman Dolan RELEASE OF TAX LISTING PENALTY FOR ROSE'S STORES, INC. OGDEN BRANCH Tax Administrator Register gave background information on the tax listing penalty stating Rose's Stores, Inc. had advised the Tax Office that the delay in listing was due to a breakdown on their part, and immediately paid the taxes not including the penalties. Tax Administrator Register stated in the past a similar appeal involving brief internal delay was favorably received by the Board; therefore, he recommended release of all penalties for 1987. Commissioner Barfield MOVED, Retchin to release all penalties. CARRIED AS FOLLOWS: SECONDED by Commissioner Upon vote, the MOTION Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal r I L ~ Absent: Chairman Dolan BREAK Vice-Chairman O'Neal recessed the meeting for a break from 11:20 o'clock A.M. to 11:55 o'clock A.M. DISCUSSION OF RESOLUTION FOR SUPPORT OF SENATE BILL 59 Commissioner Retchin commented on resolutions adopted by the Board of Commissioners to raise the property tax exemption for the elderly and disabled, and to encourage the '- , :\ ~ MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) , 4J9 -.., General Assembly to seek additional sources of raising revenues other than through property taxes. He stated Senate Bill 59 was discussed at the same meeting with no action taken in order to further study the bill. I Commissioner Retchin stated Senate Bill 59 would permit those elderly or disabled individuals whose residence qualifies for the "homestead exemption" to defer payment of tax on property until the property is transferred. He stated deferred taxes and accrued interest would constitute a lien on the property and would become due and paid within 90 days of the date of transfer unless the property is transferred to the former owner's spouse. Commissioner Retchin stated the current amount of taxes exempted in New Hanover County is $27,075,538 which represents a small portion of the available real property in New Hanover County which is approximately $3 billion and, therefore, would have little impact on the County's ability to raise revenue. Vice-Chairman O'Neal asked if anyone present would like to speak on this matter. The following persons commented: Ms. M. J. Bodey, a resident of Castle Hayne, North Carolina, expressed concern for heirs inheriting property and not having financial ability to pay deferred taxes and interest stating this would force some individuals to sale property that had been in their family for years. She respectfully requested the Board to further consider the impact of this bill before adopting a resolution of support. Mr. Robert L. Kendrick emphasized the importance of finding better ways to raise revenue other than through property taxes. He expressed concern for liens being placed on property. I Commissioner Barfield expressed concern for the total impact of the bill stating many individuals would be forced to sale property because they could not pay deferred taxes and interest. He stated the homestead act should be based on the ability to pay. After a lengthy discussion of the proposed resolution, it was the consensus of the Board to request the Legal Department and Tax Department to prepare a resolution addressing the property tax issue for the elderly, disabled and economically disadvantaged on an ability to pay criteria. DISCUSSION OF RESIGNATION LETTER FROM KENNETH C. MARBURG, M. D., NEW HANOVER COUNTY MEDICAL DIRECTOR Director of Emergency Medical Services, Larry Ray, stated a letter had been received from Dr. Kenneth C. Marburg resigning as Medical Director of New Hanover County EMS effective June 30, 1988. He stated the reason for his resignation was personal and mainly due to time constraints which do not allow ample time to perform the job. I Director Ray commented on the importance of selecting a qualified replacement and requested authority to interview persons interested in the position with a recommendation being made to the Commissioners for final approval. After further discussion, it was the consensus of the Board to authorize County Manager Cooper, Director of Emergency Medical Services, Larry Ray, and Director of Public Services, Mike Waters, to approach the persons interested and bring back a recommendation to the Board. APPROVAL OF FUNDING REQUEST FOR DOMESTIC VIOLENCE SHELTER AND SERVICES, INC. Vice-Chairman O'Neal expressed concern for a resolution appearing on the agenda for a funding request without I ~ 5 :(1) MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) representatives from that group making a formal presentation outlining their needs for the funding. Commissioner Retchin stated the resolution was written in order to provide for certain conditions that had been approved by the City of Wilmington. Ms. Mary Ann Lama, Executive Director of the Domestic Violence Shelter, gave background information on the agency stressing the importance of providing shelter to victims of abuse. She s ta ted on January 1 7, 1988, the she Iter burned n creating an emergency housing and funding problem. Ms. Lama stated the Wilmington City Council approved a resolution on , January 26, 1988, authorizing a transfer of up to $25,000 for the specific purpose of buying or building a new shelter contingent upon matching funds from New Hanover County. She respectfully requested funding in the amount of $25,000. Commissioner Barfield commented on the importance of this program to the community and recommended submission of an entire budget before making a funding decision in order to ascertain if $25,000 will be sufficient to meet the current needs. Ms. Betty Burney, Co-Chairman of the House Search Committee, stated an offer has been made for purchase of a building with a very desirable location. She emphasized the importance of moving as quickly as possible to find a shelter requesting approval of the funding re~uest. Discussion was held on approaching surrounding counties for funding. Ms. Lama stated funding requests will be submitted to other counties utilizing the shelter. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to authorize the transfer C of up to $25,000 to Domestic Violence Shelter and Services, Inc. for the specific purpose of buying or building a new ~ shelter with said contribution contingent upon Domestic Violence Shelter and Services, Inc. receiving matching funds for the purpose of buying or building a new shelter from the Ci ty of Wilmington. The funds are to be drawn from the County's general Contingency Account. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan APPROVAL OF GRANT PRE-APPLICATION FOR DOMESTIC VIOLENCE SHELTER AND SERVICES OF THE CAPE FEAR AREA, INC. Ms. Mary Ann Lama, Executive Director of the Domestic Violence Shelter and Services, Inc., presented a grant pre-application requesting authorization to apply for funding under the Governor's Crime Commission. Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to authorize the Vice-Chairman to execute the grant pre-application subject to review and approval by the County Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: r lj Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan !\ "- I I I ,. MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) -.., .,5 I A copy of the grant pre-application is on file in the Clerk's office. WAIVER OF LANDFILL FEES FOR THE FOOD BANK OF THE LOWER CAPE FEAR Mr. Jack Morgan, Chairman of the Food Bank of the Lower Cape Fear, requested waiver of landfill fees for disposal of unusable food donated directly by the Charlotte branch of the Harris Teeter. He stated if the Food Bank has to continue payment of landfill fees, this valuable, free food source may have to be discontinued. He respectfully requested granting of a waiver. A lengthy discussion was held on the volume and lack of space at the landfill. Commissioner Barfield stressed the importance of not loosing a valuable, free food source and recommended granting the waiver as requested. After further discussion, Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Corbett to grant a waiver of landfill fees to the Food Bank for one year retroactive upon a date submitted by the Engineering Department with monitoring of the volume of solid waste by the Engineering Department. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan ADOPTION OF PROCLAMATION DESIGNATING THE MONTH OF MARCH, 1988 AS FOOD BANK OF THE LOWER CAPE FEAR MONTH IN NEW HANOVER COUNTY Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adopt a proclamation designating the month of March, 1988 as Food Bank of the Lower Cape Fear Month in New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan A copy of the proclamation is contained in Exhibit Book XVI, Page 10. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to recess from Regular Session to hold a regular meeting of the Water and Sewer District. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Vice-Chairman 0' Neal convened from Regular Session at 11:52 o'clock A.M. Commissioner Corbett MOVED, SECONDED Retchin to reconvene to Regular Session. MOTION CARRIED AS FOLLOWS: by Commissioner Upon vote, the j '52 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan Vice-Chairman 0' Neal reconvened to Regular Session at 12:06 o'clock P.M. MEETING RECESSED FOR LUNCH 0 Vice-Chairman 0' Neal recessed the meeting for lunch I from 12:06 o'clock P.M. to 1:55 o'clock P.M. APPROVAL OF OPTION III AS PROCEDURE TO BE FOLLOWED IN CLOSE-OUT OF THE AMHOIST COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 84-C6878 Assistant County Attorney, Rick Miller, presented a memorandum defining the findings and corrective actions submitted by the North Carolina Department of Natural Resources and Community Development (NRCD). He commented on the following alternatives recommending selection of Option III, the compromise, as the procedure to follow in closing out the project: I. CONTEST FINDINGS AND CORRECTIVE ACTIONS -Filing notice of contest within 30 days. -Set forth reasons for contesting. Suggestions for contesting: -County has always acted in good faith. -Current employment of 290 instead of the original commitment of 560 was beyond County's control. o II. COMPLY WITH CORRECTIVE ACTIONS: -Obtaining new grants: County is now not eligible to apply for the $750,000 in block grants until this issue has been resolved. -Political considerations - Stay in good graces with current administration. -Costs involVed in litigation. III. COMPROMISE: -Ask for 30-day extension and submit County's own plan for corrective actions. -The County's plan would include lowering the suggested amount of expenditures. (The Planning Department has presented to the Legal Department some viable suggestions for Community Development Projects. Assistant County Attorney Miller recommended presenting a compromise plan stating after discussion with Mr. Bob Henshaw of NRCD, he has agreed to grant an extension for submission of a plan until April 1, 1988, with a letter being forwarded to the County within the next week officially granting the extension as discussed. Attorney O. Miller stated if the letter is not received as indicated, the County will file for administrative hearings. Discussion was held on the formula utilized by NRCD in determining the figure of $286,606 as the monetary shortfall in project jobs. Attorney Miller expressed concern for the computation stating he felt a more realistic figure should be used and hopefully this would be a compromising point. He also recommended submitting a plan that would include a current project already committed to by the County for utilization of NRCD funds, such as providing financial assistance to indigent customers connecting to the sewer \ '\. MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) 5 3 ~ system. Attorney Miller stated the Director of Engineering would discuss this proposal. I Director of Engineering & Facilities, Ed Hilton, commented on addressing the problem of indigent customers who cannot afford to attach to the sewer system. He stated after discussion with the Department of Social Services to develop a mechanism to process applications eligible for financial assistance, the most readily available existing program would be utilization of the Food Stamp program by simply using the criteria if a person is eligible for food stamps, he or she would be eligible for financial assistance. Discussion was held on how the program would work with Director Hilton stating the following questions would have to be addressed. 1. Should the program be a grant or loan system or a combination of both? If both, what is the percentage of each? 2. Are there other individuals outside this criteria that need assistance? 3. Should a cap be placed on the loan/grant per residence? Director Hilton stated all residents will have to meet the current State Plumbing Code which can involve improvements to residences before tieing into the system. Commissioner Corbett expressed concern for utilization of the eligibility criteria based upon the Food Stamp Program stating many individuals receiving food stamps do not own homes. I Planning Director Hayes recommended the possibility of using the HUD standard, as used by the State, which is based on low to moderate income households. He stated, however, utilization of this criteria would mean more persons would be eligible for assistance than under the Food Stamp Program. He commented~on a survey performed by the Planning Staff in Phase I of the sewer system stating out of the total 3,883 units hooking into the system, 224 would fall into the low to moderate income households with 155 of these homes requiring some form of rehabilitation in order to meet plumbing code standards. Commissioner Barfield recommended studying the idea of developing a total, comprehensive housipg program which will provide some form of a resolving loan and housing rehabilitation program. Discussion was also held on developing a Minimum Housing Code which has been discussed in the past with the conclusion that the program would be quite costly to implement and enforce. I After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to accept Option III, the compromise solution as presented for submission of a plan to be prepared by the Assistant County Attorney working with the Planning Director and Director of Engineering & Facili ties. The plan is to be presented to the Commissioners for final approval before being forwarded to NRCD. The Director of Engineering & Facilities was also requested to check into a revolving loan and grant program with recommendations being presented to the Board at a later date. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal I ~ '5..4 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CO~INUED) Absent: Chairman Dolan FIRST READING OF AMENDMENT TO SECTION 15-102 (B) OF WATER & SEWER ORDINANCE County Attorney Pope stated the existing Sewer Ordinance provides whether going through the civil or criminal route, each day's continuing violation of the ordinance is a separate and distinct offense. He presented the following amendment to the Sewer Ordinance stating the purpose for amending the ordinance is to establish a monetary amount of $50 in the penalty section: Section 15-102 (b) : Violation of this ordinance subjects the offender to a civil penalty of fifty (50) dollars to be recovered by the County in a civil action in the nature of debt, if the offender does not pay the penalty within ten (10) days after he or she has been cited for violation of the ordinance. n After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the amendment on the first reading as presented with the second reading scheduled for March 9, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan FIRST READING OF AMENDMENT TO METERED RATE SCHEDULE OF THE SEWER ORDINANCE Director of Engineering & Facilities, Ed Hilton, stated n the purpose of the proposed amendment to the existing Metered Rate Schedule is to provide for uniformity of the l meter system. He stated the amendment will apply to new development and will require installation of a certain type of meter in order to be consistent. He requested adoption of the proposed amendment to the Metered Rate Schedule of the Sewer Ordinance as follows: 3/4" Meter 1 "Meter 1 1/2" Meter and above on parts and labor. $150 $200 - Cost varies Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the amendment on the first reading as presented with a second reading scheduled for March 9, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal Absent: Chairman Dolan r I i '---- COMMITl'EE APPOINTMENTS RATIFICATION FOR APPOINTMENT OF WILLIAM E. BURNETT TO SERVE ON THE HUMAN RELATIONS COMMISSION Commissioner Corbett MOVED, SECONDED Commissioner Retchin to ratify the appointment of William E. Burnett as NAACP representative on the Human Relations Commission. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett I \ , ~ I I I MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) 5' 5 ~ Commissioner Retchin vice-Chairman O'Neal Absent: Chairman Dolan RELEASE OF 50 PERCENT OF IMPOSED TAXES AND PENALTIES SOUTHERN IMPORT CO., INC. After discussion of the offer by Southern Import Company to pay up to 50% of imposed taxes and penalties, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to release 50% of imposed taxes and penalties on all imported inventories inClUding the taxes paid on 1987 imported inventories with authorization for the Tax Collector to calculate remaining tax penalty and interest. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Retchin Vice-Chairman O'Neal ~ Absent: Chairman Dolan RESCHEDULING OF BUDGET WORK SESSION Commissioner Retchin requested rescheduling the BUdget Work Session due to a business conflict. After discussion, it was the consensus of the Board to reschedule the Budget Work Session for Saturday, March 19, 1988, at 9:00 A.M., to be held at the N. C. Aquarium at Ft. Fisher. COMMISSIONER CORBETT EXCUSED FROM MEETING Commissioner Corbett was excused from the meeting at 1:45 o'clock P.M. due to a previously scheduled business appointment. DISCUSSION OF COMMISSIONERS' MEETING ROOM IN THE OLD COURTHOUSE Vice-Chairman O'Neal commented on a recent visit to the Old Courthouse by four Commissioners stating the seating arrangement for the Board had been decided that d&y. He stated the room was quite attractive and recommended keeping an informal atmosphere in order to make the public feel comfortable when attending meetings. County Manager Cooper stated the reason for placing this item on the agenda was to present a proposed layout reflecting the desk facility and cost involved. He commented on the current design, which is quite costly, and proposed purchasing under State contract five desks with side drawers with construction of a curvature top which will appear similar to the original design. He stated this proposal will give the Commissioners an opportunity to actually use the proposed desk arrangement before committing to a permanent fixture desk facility. He requested authorization to proceed with this type of an arrangement. After discussion it was the consensus of the Board to authorize the County Manager to proceed with the proposed plan. Discussion was held on selecting equipment and chairs to be used in the meeting room. It was the consensus of the Board to authorize the County Manager and Director of Engineering & Facilities to select a sample of each item and bring to the Board for final approval. ADOPTION OF RESOLUTION AUTHORIZING SEWER BOND ANTICIPATION NOTES IN THE THE LOCAL GOVERNMENT COMMISSION Commissioner Retchin MOVED, Barfield to adopt a resolution Sanitary Sewer Bond Anticipation THE SALE OF SANITARY AMOUNT OF $6,062,000 BY '\ SECONDED by Commissioner authorizing the sale of Notes in the amount of ~ _ ..;:S MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 (CONTINUED) 5'<6 $6,062,000 by the Local Government Commission. the MOTION CARRIED AS FOLLOWS: Upon vote, voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman O'Neal Absent: Commissioner Corbett Chairman Dolan A copy of the resolution is contained in Exhibit Book XVI, Page 11. ADDITIONAL ITEMS - COUNTY COMMISSIONERS II Discussion of Proposed Curfew Commissioner Barfield stated he attended a meeting with citizens of Wildflower subdivision, Kings Grant Subdivision, and Springview Subdivision, who are quite concerned about the amount of crime in this area, particularly houses being broken into by neighborhood children. He stated the idea of placing a curfew Ion children was discussed since many children, ages 11 and 12, are frequently seen at the local convenience store after 12:00 o'clock midnight. Commissioner Barfield stated the County Attorney is checking into the legal aspects of imposing a curfew and would be attending a meeting for further discussion of this option or other alternatives such as a police surveillance or Community Crime Watch. Ms. Sue Waller, a citizen of wildflower Subdivision, commented a recent break-in into her home with loss of personal property while running to the supermarket. She recommended a curfew for children throughout the entire County and requested direction in accomplishing this goal. After further discussion, Commissioner Barfield 0 requested the County Attorney, and a representative of the Department of Social Services to attend the neighborhood meeting scheduled for March 8, 1988, to further discuss the matter addressing legal issues and alternatives for handling this problem. DISCUSSION OF AVAILABILITY OF TAX ROLLS TO SOLICITORS commissioner Retchin commented on a recent conversation with Ms. Charlotte Parker who asked if action had been taken to remove names of persons desiring no solicitation on Tax Rolls when being purchased by various companies. He stated the Tax Department is now in the process of converting to the new computer system and asked if these names could be flagged in order to notify companies that these individuals desire no solicitation. Commissioner Barfield stated the companies would solici t regardless and questioned the issue of Tax Rolls being a public record. County Attorney Pope stated Tax Rolls are a public record stating he felt individuals concerned about solicitation would probably accomplish more by receiving solicitations and indirectly notifying the party of their desire not to be solicited by that company. County Manager Cooper stated very few persons have complained about solicitation commenting on the process involved in rewriting and maintaining a program of this type. Commissioner Retqhin stated according to the Tax Administrator, the new computer software has capability of flagging accounts without writing or rewriting a program. r L After further discussion, it was the consensus of the Board to request the County Manager to check into the matter and bring back a recommendation. '\ ., 57 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1988 ( CONTINUED) I DISCUSSION OF MONTHLY LEGISLATIVE COORDINATING COUNCIL MEETINGS corrunissioner Retchin stated a suggestion had been made by Corrunissioner Corbett to hold Legislative Coordinating Council meetings every other month instead of monthly when the legislators are not in session. Vice-Chairman 0' Neal expressed concern for not holding monthly meetings stating elected officials have been attending the meetings and have not expressed a desire to change the current schedule. Discussion was held on the importance of selecting county-wide topics for discussion at these meetings with the consensus of the Board that various subjects should be selected and placed on the agenda. Corrunissioner Retchin requested Vice-Chairman O'Neal to contact Representative David Redwine, a member of the Property Tax Study Corrunission, to make a brief presentation defining the pros and cons of Senate Bill 59, raising the property tax exemption for the elderly and handicapped, and other possible sources of generating revenue other than through the property tax. Vice-Chairman O'Neal stated he would be glad to contact Representative Redwine. ADJOURNMENT corrunissioner Barfield MOVED, Retchin to adjourn. Upon vote, FOLLOWS: SECONDED by the MOTION Corrunissioner CARRIED AS I Voting Aye: Corrunissioner Barfield Corrunissioner Retchin corrunissioner O'Neal Absent: Corrunissioner Corbett Chairman Dolan Vice-Chairman O'Neal adjourned the meeting at 2:29 o'clock P.M. Respectfully submitted, ~*:/7'~ Lucie F. Harrell Clerk to the Board I ~