1997-04-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 934
ASSEMBLY
The New Hanover County Board of Commissioners held a Regular Meeting on Monday,
April 21, 1997, at 9:00 AM. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell;
Vice-Chairman William A Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Lorrine Cooper, Pastor of Pilgrims Church of Wilmington, gave the invocation.
Commissioner Howell led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that time had been reserved to allow anyone from the public to
introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent
Agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item II-B. Commissioner Davis
requested removal of Consent Agenda Item 5.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to remove
Consent Agenda Items 5 and II-B for further discussion and approve the remaining items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meetings of March 24, 1997, and
April 7, 1997, as presented by the Clerk to the Board.
Adoption of Resolution Waiving Chapter II, Section 10 of the New Hanover County Personnel
Policy for the Sale of Hand Tools to New Hanover County Employees - New Hanover County
Garage
The Commissioners waived Chapter II, Section 10 of the New Hanover County Personnel
Policy to allow three mechanics at the County Garage to purchase County-owned hand tools.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 37.
Approval of Four Temporary Housekeeper Positions from Part-Time to Full-Time Positions -
Property Management
The Commissioners approved a request by the Director of Property Management to allow
four temporary housekeeper positions to become full-time positions to handle the increased
workload. The positions have been temporary for two years, and Property Management will absorb
the cost of benefits in the FY 1996-97 Budget.
Authorization for the New Hanover County Board of Health to File a Partnership for
Children Application for Smart Start Funding - Health Department
The Commissioners authorized the Health Department to file a Partnership for Children grant
application to receive Smart Start funding for the following programs: (1) Injury Prevention For a
Safer Community which includes a Health Educator I position at a salary of $25,272 for a total
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 935
budget of $46,951; (2) Nutrition Services for Preschool Day Care Program, which includes a
Nutritionist III position at a salary of$30,846 for a total budget of$44,234; and (3) Right Step for
Dental Health, which includes a Public Health Dental Hygienist position at a salary of $27,924 for
a total budget of $55,416. If the grant application is approved, funding will begin July 1, 1997.
Approval of Addendum to Contract Between New Hanover County and Sonoco Paper
Products - Environmental Management Department
The Commissioners approved an addendum to the contract between New Hanover County
and Sonoco Paper Products for the following improvements:
(1) Construction of a 2-bay loading dock at the W ASTEC Facility by Sonoco Paper Products.
(2) New Hanover County Environmental Management will provide inmate labor to load
cardboard bales onto transfer trailers, which will take approximately one hour per day.
Inmate labor expense is $1 per person per day.
(3) Sonoco Paper Products will reimburse Environmental Management $3.00 per ton of materials
loaded into transfer trailers, which will be in addition to payments for cardboard recovered
by Environmental Management from the waste stream. Sonoco Paper Products estimated an
additional 300 tons per month will move through the loading dock.
( 4) Sonoco Paper Products will provide a vertical baler for baling mixed plastics.
(5) Sonoco Paper Products will provide a forklift for loading material into transfer trailers.
Operating costs of the program are estimated at $100 per month with revenues estimated at
$900 per month.
A copy of the amended contract is on file in the Legal Department.
Release of Listing Penalty for Robert G. and Martha S. Bryant - Tax Department
The Commissioners released a late listing penalty in the amount of$I2.92 since the taxpayer
had listed on time in another county.
Acceptance of Tax Collection Reports Through March 31, 1997
The Commissioners accepted the following Tax Collection Reports through March 31, 1997,
as submitted by the Collector of Revenue, Patricia 1. Raynor:
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 XXIII, Page 37.
Acceptance of 1996-97 EEOC Grant for the Human Relations Department and Approval of
Budget Amendment #97-0149
The Commissioners accepted the 1996-97 EEOC grant, authorized the County Manager to
execute the necessary documents, and approved the associated Budget Amendment #97-0149 as
listed below.
Budget Amendment #97-0149 - Human Relations/EEOC
Debit
Credit
Human Relations/EEOC
EEOC Grant
$2,200
Training & Travel
$2,200
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 936
Purpose: To increase the budget to reflect the actual amount of funds received under the FY 1996-
97 EEOC grant.
Adoption of Resolution Adding Roads in NorthChase Subdivision to the State Highway
System
The Commissioners adopted a resolution adding the following roads in the NorthChase
Subdivision to the State Highway System:
Berleigh, Sections 6, 6B & Section 7
Regency Manor, Section 3
Danbury Forest, Sections 3,4, & 5
NorthChase Parkway West from Chandler Drive
to Highway 132 (Collector Roadway)
Dominion Place, Sections 1, 2, & 2A
Enterprise Drive
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 37.
Approval of Budget Amendment #97-0141 for the Criminal Justice Partnership Program
The Commissioners approved the following Budget Amendment:
#97-0141 Criminal Justice Partnership Program
Debit
Credit
Criminal Justice Partnership Program
Criminal Justice Partnership Grant
Salaries
FICA
Retirement
Medical Insurance
Contracted Services
Printing
Supplies
$12,549
52
4
3
$ 1
12,080
836
691
Travel
1,000
Purpose: To adjust the budget to include both grants awarded for FY 1996-97. The grants were
previously approved by the Board of County Commissioners.
Approval of Budget Amendment #97-32 to Budget Additional Revenue Received by the
Sheriff's Department for Federal Forfeited Property Funds
The Commissioners approved the following Budget Amendment:
#97-32 - Federal Forfeited Property Capital Project
Debit
Credit
Federal Forfeited Property/ Capital Project
Federal Forfeited Property
$808
Capital Project Expense
$808
Purpose: To increase the budget for additional revenue received on March 31, 1997. Federal
Forfeited Property funds are budgeted as received and must be used for law enforcement activities
as the Sheriff's deems necessary.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 937
Approval of Budget Amendment #97-0157 for Contribution to the city of Wilmington for the
4th of July Fireworks Display
The Commissioners approved the following Budget Amendment:
#97-0157 Non-Departmental/Outside Agencies/Cultural & Recreation
Debit
Credit
Non-Departmental
Contingencies
$8,000
Outside Agencies/Cultural & Recreation
City of Wilmington
$8,000
Purpose: To budget a contribution to the City of Wilmington for the 4th of July fireworks display.
APPROVAL OF CONSENT AGENDA ITEM ll-B AND APPROVAL OF BUDGET
AMENDMENT #97-0151 FOR ANIMAL CONTROL SERVICES
Chairman Greer asked why a Budget Amendment was needed to budget funds for mailing
citations and letters from the Animal Control Shelter?
County Manager O'Neal advised the Budget Amendment was needed to cover the cost of
mailings that have already been performed.
Chairman Greer requested an explanation of the $6,800 under contracted services?
Animal Control Director, Ron Currie, reported several months ago the Board of County
Commissioners requested the department to carry more cases to the Small Claims Court. He advised
the $6,800 represents court costs for carrying 200 offenders to the Small Claims Court at $34 per
person.
Chairman Greer requested an explanation of the printing cost for rabies information to be
delivered to homes.
Animal Control Director Currie responded the Budget Amendment was to cover the cost of
printing flyers and information about rabies since this disease has spread into New Hanover County.
He advised volunteers would be used to carry the information to homes and businesses.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve
Budget Amendment #97-0151 as presented and listed below. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye:
Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Vice-Chairman Caster
Voting Nay:
Chairman Greer
# 97-0151 Health/Animal Control
Debit
Credit
Health! Animal Control
Animal Control Fees
Dog & Cat Tags
$ 6,000
11,278
Contracted Services
Postage
Printing
Departmental Supplies
$6,800
5,247
2,000
3,231
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 938
Purpose: To budget greater than anticipated animal control fees and dog/cat tag revenue to cover
the additional cost of mailings, processing summons for Small Claims Court, and purchasing
protective equipment.
APPROVAL OF CONSENT AGENDA ITEM 5, COMMUNITY BASED AL TERNA TIVES
(CBA) FUNDING RECOMMENDATIONS FROM THE HUMAN SERVICES
ALLOCA TION ADVISORY COMMITTEE
Commissioner Davis asked ifthe items presented were just recommendations from the Human
Services Allocation Advisory Committee?
Budget Director Cam Griffin explained the Board was not being asked to approve funding
from the General Fund for outside agencies; however, the grant application for CBA funding must
be submitted to the State in order to receive State funding for these agencies. She reported that no
County funds were allocated for the CBA agencies.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to approve the
funding recommendation for the Community Based Alternatives agencies as recommended by the
Human Services Allocation Advisory Committee. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
PRESENTATION OF HOSPITAL STUDY COMMITTEE REPORT
Mr. Claude O'Shields, Chairman of the Hospital Study Committee, expressed appreciation
to the Board for having an opportunity to present the report from the Hospital Study Committee. He
introduced the following members of the Committee that were present:
Ms. Joyce Fernando, Vice-Chairman
Mr. Adair Graham
Mr. Truman McCasland
Ms. Roberta Clark
Mr. Jim Pierce
Mr. O'Shields expressed appreciation to Ms. Pat Melvin, Assistant to the County Manager,
and Dr. Don Latham, UNC Wilmington, Cameron School of Business, for the support given to the
Hospital Study Committee during the performance of the study.
The following report was presented:
The Hospital Study Committee was charged to study the reorganization of New Hanover
Regional Medical Center's current operating structure from a "not for profit" public hospital to a "not
for profit" Community General Hospital as allowed by North Carolina Law. The Committee was
requested to study thoroughly and provide the Board of County Commissioners a non-binding written
recommendation to either approve the request from the Medical Center to become a Community
General Hospital or consider any options deemed appropriate by the Hospital Study Committee that
would maintain and not compromise the excellent health care provided to the region as well as
improve a more efficient operation.
The charge to the Committee further stated that the Medical Center must remain a benefit to
both public and private sectors of New Hanover County and facilitate future economic growth and
development. Since the citizens are the County's most important resource, the New Hanover County
Board of Commissioners charged the Committee with ensuring protection of the insured, uninsured,
and indigent populations. The final charge to the Committee was to prepare a non-binding
recommendation and provide reasonable alternatives by March 24, 1997.
After review of the above charges to the Committee, the group established a format that
would allow the charge to be met within certain time constraints.
Major changes have occurred in the provision of health care. More changes are coming, and
the hospital business appears to be one with constant changes. A major movement at this time is the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 939
reduction of inpatient days in the hospital. According to national trends, hospital occupancy has
dropped 11 % in four years with a downward movement expected to continue over the next decade.
Major savings in health care costs can be obtained by keeping patients out of the hospital or by
greatly reducing the number of days of inpatient care. Therefore, the trend in health management is
on "wellness" to help keep people out of the hospital. Reducing the number of hospital beds needed
will eventually reduce the number of hospitals.
As the reduction in hospital beds needed accelerates, providers, i. e., hospitals, both public and
private scramble to develop survival plans. New Hanover Regional Medical Center finds itselfin the
same predicament.
Health care costs have almost doubled in the past 10 years as represented in the Gross
National Product, from 7% in 1984 to 12% in 1994. In an attempt to lower costs on the part of the
consumer, new demands are being made on providers at all levels in the health care field. Cost
shifting is occurring. Where federal, state and local funding is reduced for Medicare/Medicaid and
the uninsured, the cost for providing that care shifts to the private payers. The Medical Center faces
the same hurdles with 63% ofthe patients served being Medicaid and Medicare patients representing
$244,000,000.
Regardless of the organization structure of New Hanover Regional Medical Center, layoffs
will continue to occur based on the fact that fewer beds will be needed due to the emphasis on
outpatient care.
Because of the changing health care environment, New Hanover Regional Medical Center
seeks to become a Community General Hospital to insure its ability to continue to provide quality
care to the citizens of the community and region. The Medical Center believes the benefits of a
Community General Hospital are as follows:
1. The provision of continued care for all.
2. Enhances the Medical Center's competitive position.
3. Increases non-patient related income investments.
4. Decreases cost of operation.
5. Balances local control and provides flexibility.
6. Resolves the issue concerning competitive information.
7. A good business decision that will support New Hanover Regional Medical Center's mission
to the community.
One of the issues that has created hesitancy to change the operating structure ofN ew Hanover
Regional Medical Center is its record of success. Since its incorporation on May 26, 1967, the
hospital has become an outstanding medical facility because of the thousands of dedicated men and
women in the community who have served in many capacities. Many people feel the structure of the
hospital should not be changed with this continued success record. As the old adage states, "ifit ain't
broke, don't fix it."
The Hospital Study Committee listened to the community concerns and recommendations
from persons attending the meeting. The public comments and recommendations are included in the
written report. With the wide variety of concerns and recommendations heard from the public, there
was overall concern about the delivery of quality health care to the community.
In communities that have changed the corporate structure of a public non-profit hospital, it
appears the change has worked well for those communities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 940
After weeks oflistening, asking questions, seeking opinions and committee deliberations, the
Hospital Study Committee came to the following conclusions:
1. Allow New Hanover Regional Medical Center to remain a non-profit public hospital.
2. Change to a not-for-profit Community General Hospital.
3. Create a Hospital Authority.
4. Sell the hospital.
5. Lease the hospital facility.
6. Seek legislative relief from the General Assembly.
The Hospital Study Committee then identified some needs that were paramount for continued
success of the hospital:
1. Availability of adequate finances.
2. Quality care at reasonable costs.
3. Continue to attract top professional staff.
4. Be responsible to changing medical needs.
5. Credibility and trust within the community.
6. Ability to maintain confidentiality in contracts for managed care.
7. Revenue sources other than patient fees.
After reviewing the various structures, the Hospital Study Committee voted to eliminate the
establishment of an authority from consideration. It was further determined that not enough
exploration into the options ofleasing or sale of the hospital had been performed. On April 2, 1997,
the members present (5), a majority, decided that they could not recommend a community general
structure in its purest form for New Hanover Regional Medical Center. The five members present
voted to recommend that New Hanover Regional Medical Center remain a non-profit public hospital
and seek legislative relief through Senate Bill 247. If legislative relief is not provided within 12
months, a Community General Hospital structure should be considered with the following caveats:
1. Removal and appointment of trustees, except medical staff representatives.
2. There would be no change in the Articles ofIncorporation or By-laws without approval by
the Board of County Commissioners.
3. The hospital could negotiate managed care contracts privately, but negotiations for purchases
of medical practices would remain public.
4. Indigent care must be provided.
5. The hospital must continue to abide by the N. C. Public Bidding Law.
6. The hospital will agree to continue paying property taxes or a specified amount to the County
each year for medical practices it purchases.
7. The hospital will not unreasonably exclude physicians or medical practitioners from use of
facilities.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 941
8. Investments will not be allowed beyond what is permitted under public hospital status.
Mr. O'Shields reported the Hospital Study Committee has asked that it be allowed to submit
its final written report to the Board of County Commissioners within the next two weeks. He
reported a copy had been distributed to the Board this morning but was removed because Ms. Melvin
and Dr. Latham had unforeseen medical emergencies last week that made it impossible for the nine-
member Committee to review the final report.
Mr. O'Shields reported the Committee hopes that its deliberations and written report will
provide insight and guidance on the corporate restructuring of New Hanover Regional Medical
Center. He reported he would be glad to answer any questions.
Commissioner Birzenieks asked if the Committee placed an asset value on the hospital?
Mr. O'Shields responded the Committee did not have an appraisal performed; however, the
value of the hospital ranges from $300 million to $500 million.
Chairman Greer asked if the final report would change since it had not been reviewed by the
full committee?
Mr. 0' Shields responded the recommendations should not change because the Hospital Study
Committee thoroughly reviewed and studied the recommendations as presented.
Vice-Chairman Caster reported that Senate Bill 24 7 had been passed by the N. C. Senate and
was in the House of Representatives. He advised when the Legislative Coordinating Council meets
on Monday, April 28, 1997, he would inquire about the status of the bill in the House.
Vice-Chairman Caster expressed appreciation to Mr. 0' Shields and members of the Hospital
Study Committee for the time and effort given to prepare the report. He advised when serving on
the Hospital Board of Trustees in 1992, the changes in health care were being discussed. Those
changes are here, and the Medical Center and Hospital Board of Trustees will have to stay ahead of
these changes to continue to provide quality medical care and remain competitive. Since 1967, a $25
million asset has grown to $300 million through quality leadership and cooperation from the
community. In his opinion, this is a tremendous success story.
Vice-Chairman Caster advised he looked forward to reading the full report, and he requested
Mr. 0' Shields to provide written documentation if any of the four members that were not present
when the report was adopted decide to vote in opposition to the final recommendation.
Mr. O'Shields stated the nine members appointed to the Hospital Task Force participated and
contributed to the discussion and dialogue. The report reflects the concerns that were expressed to
the Committee members by citizens throughout the community. He advised the report would be
completed in two weeks and presented to the Board of County Commissioners.
Commissioner Birzenieks recommended meeting with the Hospital Study Committee to
discuss and review the report. He requested Mr. O'Shields to forward the report in advance so the
Commissioners would have ample time to study the document before the Work Session.
Consensus: After further discussion, it was the consensus of the Board to schedule a Work Session
on Thursday, May 15, 1997, at 10:00 AM. following the Thursday morning Staff Meeting. The
place will be announced at a future date.
Chairman Greer expressed appreciation to Mr. 0' Shields for the leadership provided to chair
the Hospital Task Force, and he thanked the members of the Task Force for the time given to prepare
the report.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 942
PRESENTA TION ON REVIEW OF ANIMAL CONTROL SERVICES IN NEW HANOVER
COUNTY
Deputy County Manager, Andrew 1. Atkinson, reported on December 16, 1996, the Board
of County Commissioners directed the County Manager to form an Ad Hoc Committee to
systemically review the operations of Animal Control Services. The County Manager directed the
Deputy County Manager to serve as the Chairman and the following persons were appointed to serve
on the Ad Hoc Committee: Bill Clontz, Director of MIS; Ron Currie, Director of Animal Control
Services; W. Keith Elmore, Chairman ofthe Board of Health; Dennis Jackson, DVM, Animal Control
Advisory Board; Barbara McClure Internal Auditor; Jean McNeil; Animal Control Services
Supervisor; Bruce Shell; Finance Director; Lynda Smith, Acting Health Director; and Melody C.
Speck, DVM. Mr. 1. M. Simmons, a concerned citizen, was also invited to be part ofthe committee;
however, he did not attend any meetings.
The following mission statement was developed:
"T 0 provide a community where domestic animals and wild animals which are vectors of, and
have symptoms of, rabies do not infringe on the quality of life. "
After an extensive review ofthe services rendered by Animal Control, the Ad Hoc Committee
felt the following recommendations should be considered by the Board of County Commissioners:
(1) Billing and Collection of Animal Control Services licenses should be transferred to the
Finance Department since all other billing and collections for the County are handled by this
department. Any past due accounts should be routed to the Legal Department.
(2) A letter should be mailed to the pet owner with the past due account prior to a citation being
issued.
(3) An automated system should be developed which allows electronic transmission of
information from offices of veterinarians to New Hanover County. This process would
dramatically decrease the time taken for receipt of information by the County.
( 4) When responding to citizens regarding wild animal sightings, the Animal Control Services
officers should become involved under the following circumstances: (1) when a wild animal
has bitten or come in contact with a domestic animal; and (2) when a domestic animal has
bitten another domestic animal. Otherwise, citizens can contact the N. C. Wildlife Resources
Commission officer or contact the Wild Animal Damage Control officer, which is funded by
the State with a minimum charge of $35 per call.
(5) The review of the telephone system should continue. Staff believes the volume will decrease
when the billing function is transferred to the Finance Department. If the call volume
continues to be a problem, additional recommendations will be made to correct the system.
(6) The use of mounted radios in trucks should be discontinued with the use of hand-held units.
These units will reduce confusion for the dispatcher when attempting to contact an Animal
Control Officer in the field.
(7) New schedules for coverage by Animal Control Services officers and the operation of the
shelter should be developed. The recommended schedules will allow for various levels of
service by the Animal Control Services officers seven days a week. In addition, the shelter
will be open on Saturday to be more accessible to the public. It is hoped the number of
adoptions will increase with an additional day of operation.
(8) A comprehensive public awareness and education program should be developed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 943
In summary, the Ad Hoc Committee believes the implementation of the proposed
recommendations will lead to a more effective and efficient Animal Control Services Department in
New Hanover County. Emphasis was placed on the importance of everyone understanding that while
a significant amount of revenues are generated through various types of charges, it is unlikely this
agency will ever become a fully self-supporting enterprise. With the implementation ofthe multi-year
licenses that have recently been established, revenues may be slightly higher. Over the last five years,
revenues have covered approximately 49% of expenditures.
Deputy County Manager Atkinson requested the Board to consider the recommendations
presented by the Ad Hoc Committee, and he offered to answer questions.
A lengthy discussion was held on what agency responds to calls for removal of a racoon or
wild animal in a person's yard. Animal Control Director Currie reported an Animal Control Officer
will respond to the call if a wild animal has bitten or come in contact with a domestic animal or
human. If the wild animal has not come in contact with a person or domestic animal, a North
Carolina Wildlife Officer would respond or a Wild Animal Damage Control agent could be contacted
at a cost of $35. Further discussion was held on what happens to a wild animal if he is trapped by
the Animal Control Officer. Director Currie advised if a racoon is trapped and has not come in
contact with a domestic animal, the regulations of the N. C. Wildlife Commission require the racoon
to be euthanized in lieu of relocation because of the spread of rabies in North Carolina. If the racoon
had been in contact with a person or domestic animal, the racoon is decapitated and the head is
forwarded to Raleigh for a rabies testing.
Chairman Greer commented on citizens experiencing problems with a horse or other animals
running loose and he asked why the definition was limited only to vectors of rabies?
Deputy County Manager Atkinson commented on the time required to respond to loose
animals and stated if the Board wishes to expand animal control services, this could be done with
additional staff and resources. He advised the Committee focused on the public health issue of rabies,
when defining the level of services.
Chairman Greer expressed concern for Animal Control not responding to a call for removal
of a deer or horse in an individual's yard. He recommended changing the mission statement to read
as follows:
"To provide a community where domestic animals and wild animals do not infringe on the
quality of life."
Vice-Chairman Caster cautioned expanding animal control services to include wild animals
because removal of these animals could become costly. He recommended following the current
guidelines which protect the public health by responding to calls when a wild animal has bitten or
comes in contact with a domestic animal or human. He reminded the Board that if people were
responsible pet owners, many of the problems would not exist.
Commissioner Davis agreed with Vice-Chairman Caster and advised the original purpose for
providing animal control services was to control rabies.
Commissioner Birzenieks reported on receiving complaints about the number of deer in the
northern end of the county and the threat to public health because of deer ticks that carry Lyme
disease. He asked how this problem could be resolved?
Deputy County Manager Atkinson advised that animal control services could be expanded;
however, with the limited number of employees and money, it has become difficult to provide the
present level of services. If the population continues to grow, there will not be enough employees
to handle the current workload. When trying to define the level of services, it was felt that public
health should be the focal point of the Animal Control Center.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 944
Vice-Chairman Caster asked if enough revenue could be generated to cover the cost of
operating the Animal Control Center?
Deputy County Manager Atkinson responded that fees would have to be increased
dramatically for the Animal Control Center to become self-supporting, which in his opinion would
not be acceptable to the public.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to accept the
recommendations of the Ad Hoc Committee and allow the Ad Hoc Committee to remain in existence
to assist with implementation of the recommendations. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer, on behalf of the Board, expressed appreciation to the members of the Ad
Hoc Committee for the time and effort given to prepare the recommendations.
REPORT FROM TASK FORCE ON ENVIRONMENTAL ENFORCEMENT IN NEW
HANOVER COUNTY
Deputy County Manager, Andrew 1. Atkinson, reported in October 1996, a Task Force was
formed to review the current system of handling environmental enforcement in New Hanover County.
The following persons served on the Task Force: Andrew 1. Atkinson, Deputy County Manager,
John Carriker, District Attorney; Andrew Olsen, Assistant County Attorney; Tom Stitch, Health
Department; Deputy John Murray and Deputy Donald Taft, Sheriff's Department; Nancy Pritchett,
Keep America Beautiful; Ann Hines, Zoning Enforcement Officer; Phil Kouwe, Fire Administrator;
and Ray Church, Director of Environmental Management.
The following recommendations were made by the Task Force:
(1) Mandatory Trash Collection System: Establish a mandatory trash collection system for New
Hanover County. The service should provide bulky curbside pickup in addition to regular
refuse service.
(2) Education: The Inspections Department, Health Department (Environmental Health
Division), Sheriffs Department, Keep America Beautiful, and the Fire Administrator need to
educate each other on overlapping areas of responsibility. Adequate laws and ordinances
appear to be in place to handle most situations, and workshops need to be held to allow the
lines of communications to be re-established. The workshops should be attended by
environmental enforcement deputies and their supervisors, environmental health inspectors,
building inspectors, zoning officers, patrol deputies, and fire marshals.
Request the Inspections Department to prepare a brochure explaining County environmental
laws and ordinances to be distributed at the time a building permit is issued.
(3) The Nuisance Ordinance should be amended as follows:
(I) Abatement Procedures/Enforcement of Ordinances: The abatement procedure
appears to be a weak link in the chain when violations are ticketed. To help resolve
this situation, it is recommended for the County to contract with a firm or individual
to provide the service needed when an abatement order has been ignored. If a site
needs cleaning, this firm will be available to handle the cleanup. The Finance
Department will be responsible for coordinating the contract requirements and
developing a bid document to solicit bids for the contractor. Once the contract is in
place all effected departments will be notified. If an abatement cleanup is required,
the issuing department will contact the contractor using normal County purchasing
procedures to get the work done. Once the work is completed, the Finance Office
will bill the offending party and attempt to recover the cost of collection and
attachment to any real property as a lien. Finance will maintain the budget for the
abatement cleanups. No funds will be budgeted in any of the enforcement
departments.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 945
(ii) Fines and Penalties: Establish a graduated penalty structure. This requires amending
the Nuisance Ordinance to make illegal dumping in excess of 500 pounds a Class I
felony with a $5,000 fine. This information should be part of the education process.
(iii) Priorities: Request the Sheriff to place a higher priority on enforcement for
environmental laws. Priorities for Environmental Officers should be as follows: (1)
illegal dumping; (2) ticketing uncovered loads on trucks; and (3) all others violations.
Any nuisance items not involving the above should be routed to Keep American
Beautiful for handling. If the Deputies are needed for any calls received by Keep
America Beautiful, they will be coordinated on an as-needed basis by Keep America
Beautiful.
The Task Force recommends continuing to work with the District Attorney and the
Chief District Court Judge to ensure that adequate attention is given to environmental
law violations.
(4) Hotline for Environmental Concerns: A number has been established in the Keep America
Beautiful office. Publicity has begun to make the public aware of the number. In addition,
the E-9II Center has been informed that this number is available. All calls received should
be transferred to the Keep American Beautiful hotline number 763-4144.
In closing, Deputy County Manager Atkinson requested the Board to approve the
recommendations and schedule the required hearings for amendments to the Nuisance Ordinance.
Chairman Greer expressed concern for the mandatory trash collection recommendation.
County Manager O'Neal reported the Board would hear a full report on mandatory trash
collections at the May 5, 1997, meeting.
Consensus: After further discussion, it was the consensus of the Board to remove the mandatory
trash collection portion of the recommendations and approve recommendations 2,3,4, and 5. The
Deputy County Manager was requested to place each item on the agenda as required by the ordinance
process.
AMENDMENT TO NEW HANOVER COUNTY CODE, SECTION 3-21, ANIMAL
CONTROL SERVICES TRUST FUND
Acting Health Director, Lynda Smith, reported the Board of Health voted on April 2, 1997,
to recommend the following amendment to Section 3-21 ofthe Animal Control Services Trust Fund:
The Animal Control Services Trust Fund account shall be used for Animal Control Services
capital outlays, spay/neuter programs with local veterinary hospitals, pet parks and programs
to increase pet adoptions.
Acting Health Director Smith advised this change would provide use of the trust fund for
valuable programs in the area of animal control.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to amend
Section 3 - 21 of the New Hanover County Code, Trust Fund, as recommended by the Board of
Health. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIII, Page 37.
The ordinance will be codified into the New Hanover County Code.
BREAK
Chairman Greer called a break from 9:55 AM. until 10:01 AM.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 946
ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF BROOKDALE
DRIVE IN BROOKDALE ACRES
Staff Planner, Sam Burgess, advised that Mr. William Cameron has petitioned to close a
portion of Brook dale Drive located in Brookdale Acres Subdivision approximately 3/4 of a mile south
of the Holly Shelter Road/l-40 Overpass on the west side ofI-40. This 60-foot wide right-of-way
is unimproved and is approximately 165 feet in length.
Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the
Resolution ofIntent to hold a Public Hearing on June 2, 1997, for the Board to consider closing a
portion of Brook dale Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXIII, Page 37.
ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENT #97-33
FOR THE 1996 STATE SCHOOL BOND EXPENDITURE PLAN
Finance Director, Bruce Shell, presented a plan for expenditure of $17,455,464 for funds
received by the New Hanover County School System from the 1996 State Bond issue. He requested
the Board to adopt a Capital Project Ordinance for the proposed use of the funds and the associated
Budget Amendment to establish the project budget.
Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the
Capital Project Ordinance as presented and approve the associated Budget Amendment as listed
below. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXIII, Page 37.
Budget Amendment #97-33 - 1996 State School Bond Capital Project
Debit
Credit
1996 State School Bond Expenditure Plan Capital Project
Bond Proceeds $17,455,464
Capital Project Expense
$17,455,464
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
1997 BOARD OF EQUALIZATION AND REVIEW
Chairman Greer convened from Regular Session to hold a meeting of the 1997 Board of
Equalization and Review from 10:20 AM. until 10:51 AM.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session to hold a meeting of the Water and Sewer
District from 10:52 AM. until 11:06 AM.
COMMITTEE APPOINTMENTS
Appointment of Dora Cameron and Dorothy Gail Lamb to Serve on the Domiciliary Home
Community Advisory Committee
Chairman Greer reported two new members needed to be added to the Domiciliary Home
Community Advisory Committee because two new domiciliary facilities, Britthaven and Spring
Arbor, had been opened in New Hanover County. He advised that four applications had been
received, and he opened the floor to receive nominations.
Vice-Chairman Caster nominated Dora Cameron. Commissioner Birzenieks seconded the
nomination.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 947
Chairman Greer nominated Dorothy Gail Lamb. Commissioner Birzenieks seconded the
nomination.
There being no further nominations, Chairman Greer declared the nominations closed.
Vote: Chairman Greer called for a vote on the appointment of Dora Cameron and Dorothy Gail Lamb
to serve on the Domiciliary Home Community Advisory Committee for I-year terms with the terms
to expire April 30, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of Jane I. Grant and Mary K. Molly to Serve on the Library Advisory Board
Chairman Greer reported there were two unexpired terms on the Library Advisory Board and
stated four applications had been received. He opened the floor to receive nominations.
Chairman Greer nominated Jane I. Grant. Vice-Chairman Caster seconded the nomination.
Commissioner Birzenieks nominated Mary K. Molly. Vice-Chairman Caster seconded the
nomination.
There being no further nominations, Chairman Greer declared the nominations closed.
Motion: After discussion of the unexpired terms being for three months, Commissioner Howell
MOVED, SECONDED by Commissioner Birzenieks to extend the terms to expire August 31,2000.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
VOTE: Chairman Greer called for a vote on the appointment of Jane I. Grant and Mary K. Molly
to serve 3+ year terms on the Library Advisory Board to fill the unexpired terms of David Carnell and
Dorothy Manning, with the terms to expire August 31,2000. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADDITIONAL ITEMS
Adoption of Proclamation Designating May 10, 1997, as "Letter Carriers Food Drive Day" in
New Hanover County
Chairman Greer reported the National Association of Letter Carriers had requested adoption
ofa proclamation to designate May 10, 1997, as "Letter Carriers Food Drive Day" in New Hanover
County.
Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt the
proclamation as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIII, Page 37.
Adoption of Proclamation Designating April 24, 1997, as Armenian Martyrs Day in New
Hanover County
Chairman Greer announced the Armenian National Committee of North Carolina had
requested the Board to adopt a proclamation designating April 24, 1997, as Armenian Martyrs Day
in New Hanover County in commemoration of the 82nd anniversary of the Armenian Genocide.
Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the
proclamation designating April 24, 1997, as Armenian Martyrs Day in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSL Y.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXIII, Page 37.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 948
Support of Senate Bill 518, Temporary 1 % Local Option Sales Tax and Opposition to Senate
Bill 799 - Discipline Disclosure Act
County Manager O'Neal requested the Board to support Senate Bill 518 and oppose Senate
Bill 799 as recommended by the N. C. Association of County Commissioners.
Chairman Greer reported he was in favor of SB 518 and opposed to SB 799. He asked if the
Board would like for the County Manager to write a letter.
Discussion was held on SB 518. County Manager O'Neal reported the 1 % local option sales
tax would provide a revenue source to many coastal counties desperately in need of additional funds
because of damage received from Hurricanes Bertha and Fran.
Consensus: It was the consensus of the Board to discuss these bills with the local legislators at the
Legislative Coordinating Council meeting to be held on Monday, April 28, 1997.
Discussion of Skate Board Park
Vice-Chairman Caster reported on meeting with Councilman Harper Peterson and Mr. Gary
Shell, Director of the City of Wilmington Parks and Recreation Department, about a funding request
in the amount of $25,000 for development of a skate board park. He advised that a letter had been
forwarded to the County explaining the request.
County Manager O'Neal advised that Mr. Shell had requested to be placed on the agenda for
the April 21, 1997, meeting; however, due to time constraints, the item was not placed on this
agenda. He stated this item would be placed on the May 21, 1997, agenda after more information
is received on the project.
Discussion of a Request by the City of Wilmington to Adopt a Similar Resolution of Support
for Legislation to Regulate and Monitor the Swine Industry in North Carolina
Vice-Chairman Caster advised that Councilman Harper Peterson had requested the Board to
adopt a similar resolution to support legislation to regulate and monitor the Swine Industry in North
Carolina.
County Manager O'Neal advised that he had not seen the resolution.
Consensus: After discussion, it was the consensus of the Board for this item to be placed on the
agenda for May 21, 1997.
Status Report on Wirthlin Worldwide, Inc. School Bond Survey
Commissioner Birzenieks requested a status report on the Wirthlin Worldwide, Inc. school
bond survey.
County Manager O'Neal commented on a telephone conversation with Mr. Rhodes and
reported Wirthlin was in the process offormulating questions and identifying focus groups and target
areas for telephone interviews. Once this work is completed, the survey should move forward.
Commissioner Birzenieks asked if the contract had actually been awarded?
County Manager 0 'Neal advised that it was his understanding the contract had been signed
earlier; however, there was some concern about some of the language in the standard contract
prepared by the Legal Department. After discussion with Wirthlin, the wording has been agreed upon
and the contract has been signed.
Vice-Chairman Caster expressed concern for the amount of time taken to prepare the
contract and stated this project, like many other items, has not moved forward as requested by the
Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, APRIL 21, 1997
BOOK 25
PAGE 949
Report by Vice-Chairman Caster on Attending a Meeting of the Chamber of Commerce
Governmental Affairs Committee
Vice-Chairman Caster commented on meeting with the Chamber of Commerce Governmental
Affairs Committee and reported he presented a brief presentation on the school bond issue. Charts
were shown reflecting the impact of a $125 million school bond issue on the tax rate. He advised that
many comments were received on poor scheduling and use of existing school buildings with the
general feeling that more buildings would solve the problems being experienced in the schools.
Vice-Chairman Caster stressed the importance of the public understanding the operation and
needs of schools if the bond issue is to be approved by the voters. He expressed appreciation to
Finance Director Shell and Budget Director Griffin for the excellent information prepared for his
presentation. He requested the Clerk to provide a copy of this information to the other members of
the Board.
ADJOURNMENT
Chairman Greer adjourned the meeting at 11 :35 AM.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board