1996-03-18 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 289
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 18, 1996, at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; WilliamA.
Caster; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer;
County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and
Clerk to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present. He announced that Commissioner Sisson was absent
due to a severe cold infection.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Eric Lohe, Pastor of St. Andrews
Presbyterian Church, gave the invocation.
Covenant
Commissioner Caster led the audience ln the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer announced that three minutes 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 asked if anyone would like to speak, and he requested
the remarks to be limited to three minutes.
The following items were received:
Concern for Approval of Salary Increase to the President of New
Hanover Regional Medical Center
Mr. Charles D. Dean, Jr., a resident of Wilmington, a
taxpaying citizen, a business owner, and employer in New Hanover
County, expressed concern for the morally outrageous action taken
by the New Hanover Regional Medical Center Board of Trustees when
approving a $27,401 raise to the President of the Hospital, Mr. Jim
Hobbs, whose annual salary is approximately $200,000. Concern was
expressed for this increase being given after Mr. Hobbs had been
arrested and charged with a DWI while driving a hospital vehicle,
and during a time when the morale of nurses and other lower-paid
hospital employees is at an all-time low amid claims of unfair pay
and employment practices. This action by the Hospital Board of
Trustees was a serious breach of the public trust that has further
eroded the faith and confidence of the public in the hospital's
administration and Trustee leadership. This decision by the
Trustees, which are largely appointed by the New Hanover County
Board of Commissioners, appears to be inside dealing and good-old-
boy politics.
Mr. Dean noted that the New Hanover County Board of
Commissioners was the highest elected governmental body in the
County. He advised that the Board has the power to remove any
Trustee for just cause; therefore, as guardians of the public
trust, the Board should remove the Trustees appointed by the
Commissioners who voted in favor of the increase. He stated this
action would be the first step toward restoration of the public
trust in government.
Announcement 88. JOHN BROWN Liberty Ship To Visit Wilmington April
11-15, 1996
Mr. David M. Mitchell, a resident of New Hanover County,
announced the 8.8. JOHN W. BROWN, one of the two remaining Liberty
Ships still in operation, would be visiting Wilmington from April
11-15, 1996, during the Azalea Festival. He reported that 126
Liberty Ships were built in Wilmington Shipyard during World War
II. The 8.8. JOHN W. BROWN will be berthed at the Coast Guard dock
and will be open to the public. A cruise down the Cape Fear River
is planned for Friday, April 12, 1996, which will depart at 10:00
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 290
A.M. at a cost of $50 per ticket. He encouraged the members of the
Board and general public to tour the ship during its visit to
Wilmington.
Commissioner Barone inquired as to whether the local group had
been able to obtain fuel for the event?
Mr. Mitchell advised that the Project Liberty Ship group was
still requesting donations of fuel and funds to sponsor the event.
He explained that the project was totally dependent on private
donations.
Chairman Greer expressed appreciation to Mr. Mitchell for
informing the board about this special event.
Concern for Procurement Procedures Used in Bidding the 800 MHZ
System by the Emergency Management Department
Mr. Don Loftin, a citizen of New Hanover County, reported a
few months ago, Mr. Dan Summers, Director of Emergency Management,
appeared before the Board of County Commissioners and insisted that
he be allowed to sole source and non-competitively lease the 800MHZ
radio system. The purpose of leasing the system was to circumvent
the law as it concerns the spending of public funds. At that
meeting, Mr. Loftin stated he informed the Board that entering into
a lease agreement of this type would result in the needless waste
of County dollars. Now, the results are in, and based on the lease
negotiated with Mr. Summer's favorite vendor, the County has
squandered over $205,000. This figure is based on other bid
resul ts where the vendors capable of supplying the equipment
arrived at the bid table with a 34 percent discount on the
equipment needed. Under the current lease, the County negotiated
an 11 percent discount, and as other County Departments are placed
on the system under the prices quoted in the lease, the County will
squander another $267,000 with the exception of the Sheriff's
Department. When the Sheriff's Department is converted, based on
the quantities of units and the prices established, the County will
squander another $115,000. The County has been on a wild roller
coaster ride for a long time, but it is not too late to get off the
ride and procure this system in a proper manner.
Mr. Loftin urged the Board to implement the proper procurement
procedures for securing the 800MHZ radio system and save County
taxpayers at least $600,000.
Chairman Greer requested an explanation from Mr. Loftin as to
how the figures reported were calculated?
Mr. Loftin replied that he had a copy of the signed lease
which shows an 11 percent discount. All of the materials are a
matter of record, and these figures were applied to other bids that
have been monitored throughout the area with a minimum discount of
34 percent appearing at the bid table.
Chairman Greer asked if the figures were correct, would this
mean that the County could have received a 34 percent discount
instead of the 11 percent discount as negotiated in the lease
agreement.
Mr. Loftin replied the County would have received at least a
34 percent discount on a million dollar bid.
Chairman Greer expressed appreciation to Mr. Loftin for the
information.
Further Discussion on the Remarks Presented by Mr. Charles D. Dean,
Jr., Regarding the Salary Increase for the President of New Hanover
Regional Medical Center
Commissioner Barone advised that she was very discouraged by
the lack of action taken by the Board of County Commissioners
regarding the DWI charge received by Mr. Jim Hobbs, President of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 291
New Hanover Regional Medical Center, and the recent salary increase
approved by the Hospital Board of Trustees. She reported that
immediately after the DWI conviction in November, 1995, she spoke
with the Chairman of the Hospital Board of Trustees, Dr. Betram
Williams, Jr., and he indicated that he was not sure the Trustees
would take any action. Also, Mr. Hobbs spoke to her, and at that
time, she recommended that he resign. Now, approximately four
months later, Mr. Hobbs is given an unreasonable salary increase by
the Hospital Board of Trustees when nurses and other staff members
are being discharged, laid-off, and receiving a cut in hours. The
appropriate action would have been for Mr. Hobbs to accept the same
percentage increase as that of Staff. This action would have been
good for the community and the personal reputation of Mr. Hobbs.
After holding discussion with the individual members of the Board
of County Commissioners, there is no consensus to move forward with
a censure of the Trustees who voted for the salary increase. After
discussion with the County Attorney, it was her opinion that the
"for just cause" clause was not sufficient to demand the
resignation of those Trustees.
Commissioner Barone stated, for the record, since the Hospital
Board of Trustees and the Board of County Commissioners do not plan
to take action, she was requesting Mr. Phil Sharpe, who made the
motion to approve the salary increase, and the other Trustees who
voted for the motion to resign because of irresponsible behavior.
Mr. Charles D. Dean, Jr. commented on the right of an
individual Commissioner to make a motion and respectfully requested
Commissioner Barone to move for the resignation of the Trustees who
voted in favor of the salary increase in order to restore the
public trust and confidence of the community.
Motion: Commissioner Barone MOVED to request the Trustees who
voted for the salary increase for the Hospital President to resign
because of irresponsible behavior. THE MOTION FAILED DUE TO NOT
RECEIVING A SECOND.
Chairman Greer stated, for the record, he had publicly
expressed opposition to the salary increase; however, he does not
feel the Board of County Commissioners can force appointed persons
serving on boards to resign if the Commissioners are not pleased
with the manner in which a member casts a vote. He expressed
appreciation to Mr. Dean for the remarks and stated if he was
elected to serve as a County Commissioner he might see issues of
this type from a different perspective.
Mr. Dean responded that he hoped his convictions would not
change when he moved into an elected position. He emphasized the
fact that he was not indicating micro-management of hospital
affairs, but he was responding to the outrage shown by the people
living in the community. As the highest body of elected officials,
the Commissioners have an obligation to step forward and rescind
the appointments of the Hospital Trustees who voted for the salary
lncrease.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Items 1, 3,
and 6.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to remove Consent Agenda Items 1, 3, and 6 as requested by
Chairman Greer and approve the remaining items on the Consent
Agenda. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 292
CONSENT AGENDA
Acceptance of Tax Collection Reports as of February 29, 1996
The Commissioners accepted the following Tax Collection
Reports as of February 29, 1996, as submitted by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XXIII, Page 13.
Approval of an Amendment to the New Hanover County Public Access
Policy
The Commissioners approved an amendment to the Fee Structure
of the New Hanover County Public Access Policy to clearly define
the point at which time the County will begin to charge the
requester for information obtained. The following sentence was
added to the Fee Structure Section:
".. .For the purposes of this policy, excessive use of
resources shall be defined as one (1) hour or more of time.
All charges assessed will be in accordance with the existing
county rate structures..."
A copy of the revised policy lS on file in the MIS Department.
Adoption of Resolution to Add
Subdivision to the State Highway
The Commissioners adopted a
Whisper Creek Subdivision to the
Iris Street
System
resolution to
State Highway
in Whisper Creek
add Iris Street in
System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 13.
ACCEPTANCE OF THE 1995-96 EEOC Grant - CONSENT AGENDA ITEM 1
Chairman Greer informed the Board that New Hanover County
would receive only $16,000 of funding from the EEOC grant instead
of the $35,000 as indicated on the agenda item. He advised that
after discussion with the Human Relations Director, it is felt the
funds will be approved and received later during the year. He
asked the County Manager how this grant would be budgeted?
County Manager O'Neal responded that Staff was aware of the
funds that would be received because of continuing budget
resolutions that are being introduced and adopted by Congress in an
effort to adopt a federal budget. He advised that funds would be
budgeted as received.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
accept the EEOC grant. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
CONSENT AGENDA ITEM 3 REMOVED FROM THE CONSENT AGENDA WITH A WORK
SESSION TO BE SCHEDULED AFTER A MORNING STAFF MEETING
Chairman Greer expressed concern for not understanding the
direction of the Futch Creek Watershed Plan and asked if the Board
was interested in adopting the resolution that will require the
following actions:
(1) Establishment of a community steering committee to provide
assistance to the Planning Board and work in conjunction with
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 293
the Staff, UNCW, and other designated groups to complete the
development of the Futch Creek Watershed Management Plan.
(2) Direct the Planning Board and Staff to complete the
development of the Futch Creek Watershed Plan and provide a
draft for consideration by the Board of County Commissioners.
(3) Direct Staff to pursue the development of an interlocal
agreement with Pender County for consideration by the Board of
Commissioners that will provide for the j oint planning,
protection, and sustainable development of the Futch Creek
Watershed.
Chairman Greer advised that he thought the original plan was
to find out the problems that exist in Futch Creek, which in his
opinion has been done. He requested Staff to explain why this
resolution was being presented.
County Manager O'Neal replied that Staff was in the process of
developing a plan for the long-term management of Futch Creek. He
commented on the amount of information in the Futch Creek Watershed
Plan and suggested removing this item from the Consent Agenda and
scheduling a brief Work Session after a Staff Meeting to discuss
the plan.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
remove Consent Agenda Item 6 and schedule a Work Session after a
morning Staff Meeting to discuss the plan. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
DISCUSSION OF CONSENT AGENDA ITEM #6, PROPOSED SUBDIVISION
DEVELOPMENT OF WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC.
(WHFD) IN THE UNINCORPORATED COUNTY
Staff Planner II, Wanda Coston, reported the WHFD Board of
Directors would like to develop a subdivision, to be called
Strawberry Village, in the unincorporated County which would
involve the construction of 30 affordable single-family houses.
The land proposed for this development does not have water, sewer,
drainage, and streets. To assist with the off-site infrastructure
improvements, WHFD is requesting a $227,150 loan from the County
with each homeowner paying $7,572 over a 20-year period.
After a review by County Staff, it was decided to consider the
proposal when the County is eligible to successfully apply for
Community Development Block Grant (CDBG) funds to assist in
financing the infrastructure improvements. The grant funds will
not be available until September 1996; however, WHFD will be
eligible to apply for housing development grant monies in the
amount of $250,000. As of this date, one Public Hearing has been
held for WHFD to proceed with applying for the grant funds to
proceed with developing the Strawberry Village subdivision.
The Board was requested to consider the following options if
funds are loaned to WHFD:
(1) The entire loan could be repaid to the County by WHFD within
15 years instead of 20 years.
(2) WHFD could limit assistance only to eligible low-and-moderate
income households.
(3) Loans could be limited to benefit at least eighty percent of
low-and-moderate income households.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 294
(4) Repayment of the loan by the homeowner could begin in the
fifth year.
Discussion was held on the availability of funds in the Water
and Sewer District account. Commissioner Barone inquired as to
whether there was an extra $227,000 in the Sewer fund?
Assistant County Manager Weaver replied the money would be
removed from the Water and Sewer District fund balance because the
funds were not budgeted during the current fiscal year. Removal of
these funds would create a problem in performing other water and
sewer projects. He stated the Board may wish to consider applying
the four conditions listed above, particularly repayment of the
loan within 15 years.
Motion: Vice-Chairman Mathews MOVED to accept the proposal
contingent upon WHFD limiting assistance only to eligible low-and-
moderate income households.
Commissioner Caster recommended amending the motion to requlre
repayment of the loan within 15 years.
Chairman Greer asked if the County dollars were limited on
this project?
County Manager O'Neal responded the Board could place a limit
on County funding.
Chairman Greer asked the County Attorney if he should be
excused from voting on this matter since he serves on the WHFD
Board of Directors?
County Attorney Copley replied that a conflict of interest
would not exist because Chairman Greer would not recelve any
financial gain from approval of the project.
Commissioner Barone asked why the Board should vote on this
proposal until the CDBG grant was awarded to the County ln
September?
Staff Planner Coston responded at this time the County was not
eligible to apply for CDBG grant funds in September because of the
Kirkland Community proj ect. If the problems in the Kirkland
Community can be resolved, and the project moves forward, the
County will be eligible to apply for CDBG funds in September.
Commissioner Barone stressed the importance of being able to
apply for the CDBG loan in September in order for the County to be
reimbursed for the $227,000 that will be removed from the Water and
Sewer District fund. Concern was expressed for removing this
amount of money from the Water and Sewer District without receiving
interest or repayment for 15 years. She requested the motion to be
amended to proceed with the project, including the options
presented, with the proviso that when the County is eligible to
apply for the CDBG grant monies in September, those funds will be
used to reimburse the Water and Sewer District.
County Manager O'Neal advised that CDBG grant funds could not
be used for repayment to the Water and Sewer District fund. All
CDBG grant monies must be used for a community project.
Assistant County Manager, Dave Weaver, advised that a sewer
line would have to be provided to the existing homes on Greenview
Drive in the near future because of percolation problems. If the
County approves the proposed project, the sewer line extension will
be available to existing and future homes, which will generate
additional revenue to the Sewer District fund.
Amended Motion: Vice-Chairman Mathews AMENDED THE MOTION to accept
the proposal contingent upon WHFD limiting assistance only to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 295
eligible low-and-moderate income households with repayment of the
loan by WHFD to the County wi thin 15 years. Chairman Greer
SECONDED THE AMENDED MOTION.
Mr. Lucas advised that WHFD could restructure repayment of the
loan within 15 years. He noted that the proposed project would
resolve some health problems in this area due to the lack of sewer
and at the same time provide homes to eligible low and moderate
income households.
Chairman Greer called for a vote on the AMENDED MOTION. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS
County Manager O'Neal requested the following employees to
step forward to receive service awards:
Name of Employee Years of Service
Lafaye D. Mack, Property Management 5
Sherian A. Davis, Sheriff's Department 10
Janice F. Dailey, Inspections Department 10
Linda M. Moore, Human Relations 10
Faye B. Jacobs, Aging Services 10
Steven Rich, Property Management Department 15
John Davis, Human Relations 15
Annie L. Stalling, Register of Deeds 20
James T. Watts, Sheriff,s Department 25
Joseph McQueen, Jr., Sheriff's Department 25
Chairman Greer read and presented a resolution expressing
appreciation to Deputy James "Tommy" Watts for the excellent manner
in which he has served the Board of County Commissioners by
attending meetings and handling difficult situations in a very
professional manner. A round of applause was given to Deputy
Watts.
Chairman Greer,
McQueen for his 25
outstanding manner in
New Hanover County.
McQueen.
also, expressed appreciation to Sheriff Joe
years of dedicated service and for the
which he has administered law enforcement in
A round of applause was given to Sheriff
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager O'Neal requested the following new employees to
stand and be recognized:
David Selke, Engineering Department
Ellen Harrison, Health Department
Katrina Robinson, Human Resources Department
Faye Haywood, N. C. Cooperative Extension
patricia Barnes, Register of Deeds
Peggy Mack, Department of Social Services
Lisa Metts, Animal Control, Health Department
Chairman Greer, on behalf of the Board, welcomed the new
employees to New Hanover County and wished them success in their
new positions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 296
BREAK
Chairman Greer called a break from 10:00 A.M. until 10:20 A.M.
PRESENTATION OF FY 1994-95 ANNUAL REPORT FOR THE DEPARTMENT OF
SOCIAL SERVICES
Director of Social Services, Wayne Morris, reported on the
accomplishments of the Department of Social Services during the
past year. The following figures and comparisons were presented:
Director Morris presented the following comparlsons:
(1) Collection of Child Support Payments
Year
Number of Absent Parents
Located
Revenue Collected
for Child Support
FY 1987-88
FY 1994-95
533
1,900
$1.6 million
$5.1 million
(2) Decrease in Aid to Families with Dependent Children (AFDC)
Program
Year
Averaqe Amount of AFDC Payment
FY 1987-88
FY 1994-95
$255 per month
$214 per month
*This decrease lS due to an increase in the number of clients
now working.
(3) Increase in Investigated Cases of Child Abuse and Neglect
Year
Number of Investiqated
Cases
Number of Children
ln DSS Custody
FY 1987-88
FY 1994-95
953
1,600
156
500
*In FY 1987-88 there were only 51 foster care parents. In FY
1994-95 there are 114 foster care parents.
(4) Day Care Program
Year
Number of Children Receivinq Monthly
Day Care
FY 1987-88
FY 1994-95
400
1,700
*This increase in day care has been administered without
hiring additional staff because of an automated day care
computer program which has provided better services and saved
in administrative costs.
(5) Issuance of Work Permits for Children
Year
Number of Work Permits Issued
FY 1987-88
FY 1994-95
1,147
2,000
(6) Increase in DSS Budget: The DSS Budget increased from $40
million in FY 1987-88 to $105 million in FY 1994-95. This increase
was primarily due to the number of persons being served by Medicaid
doubling from FY 1987-88 to FY 1994-95.
In closing, Director Morris stressed the importance of each
Commissioner reading the FY 1994-95 Annual Report and understanding
that these figures represent live human beings who are in need of
serVlces. Most of the services rendered involve one DSS worker
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 297
working with one client. With the tremendous amount of growth ln
the programs, the DSS employees have performed an excellent job ln
rendering services to persons in need.
Commissioner Caster requested an explanation of the difference
between the Ombudsman for the Council of Governments and the
Ombudsman for the Department of Social Services.
Director Morris responded the Ombudsman for the Council of
Governments is primarily involved with Nursing Homes, which are
medical facilities. The State Law requires the Department of
Social Services to supervise the rest homes and family care homes.
Commissioner Caster commented on the JOBS Program and asked
why the percentage of persons obtaining jobs was so low?
Director Morris responded that many of the clients were still
ln training until the end of the year. Also, some clients have a
problem with obtaining transportation or day care services if the
hours worked are in the evening. The number of clients obtaining
jobs should increase because of the Work First Program to be
implemented July 1, 1996. The Governor has fully implemented the
program with time limits on benefits and the requirement that
parents with school age children coming into the Aid to Families
with Dependent Children (AFDC) Program must go to work within
twelve weeks after receiving AFDC benefits.
Commissioner Barone inquired as to how the Work First Program
would administratively impact the Department of Social Services?
Director Morris replied that administration of the Work First
Program would be complex and require more tracking of the clients,
which will increase the workload and involvement by the Department
of Social Services. He reported the recommended FY 1996-97 Budget
shows a decrease in the AFDC Program, which is good news.
Commissioner Caster requested an explanation of how the day
care rate is paid by the Department of Social Services.
Director Morris explained there are four different types of
day care programs. The Department of Social Services has to work
with large centers, licensed group care homes and unregistered day
care centers through the AFDC and JOBS Program. Some day care
programs are paid under an established rate by the State. Other
facili ties use the market rate. The department is currently
reviewing the rate structure and how day care centers are being
paid. Once the review is completed, there will be recommended
changes. Currently, the County has a contract with the Child
Advocacy Commission to perform health and safety inspections of
non-registered homes to ensure a minimal level of safety.
vice-Chairman Mathews commented on the informative newsletters
and the FY 1994-95 Annual Report and complimented Mr. Morris and
his Staff for an excellent job in preparing these reports.
Chairman Greer asked if New Hanover County had realized any
savings from the Work First Program?
Director Morris reported as of this date a savings has not
occurred; however, a savings should be recognized in the cost of
benefits. Hopefully, some of the money saved will be placed in
supportive services, such as day care, to assist clients when going
to work. Also, it appears there will be a state-wide shortfall in
funding for day care programs next year.
Chairman Greer advised that a majority of people feel the
present Welfare System is not working and should be changed. He
expressed concern for the manner in which the Annual Report was
written with myths and facts and stated, in his opinion, this was
offensive and could be interpreted as defending the present system.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 298
He urged the Department of Social Services and everyone involved to
use their expertise and abilities to create innovative ideas to
change the system and remove abusers so that people in real need
can receive services. He volunteered to work with the DSS Director
and his Staff in making these changes.
Director Morris advised the department did not intend for the
report to defend the current system or offend anyone. With the
current debate about Welfare Reform, there has been a great deal of
misinformation published. In his opinion, it is bad government to
make public policy based on myth or to make public policy on the
exception rather than the rule. The format was used to point out
the reality of services rendered by the Department of Social
Services. The DSS Staff is constantly working on new ways to
administer the services. For example, a new program called Self-
Sufficiency is being implemented this month in the AFDC unit. This
program will allow the child support worker to see the person
applying for AFDC on the day the application is submitted. In many
cases the department can work with an applicant and secure a job or
provide a service, such as day care, that will enable the applicant
to continue to work. Hopefully, this program will keep persons
from going on the Welfare System.
Chairman Greer advised that child care and day care are two of
the major reasons persons have to apply for AFDC. He asked if
consideration had ever been given to opening a day care facility
with the persons on the Welfare System being responsible for
operating the facility.
Director Morris informed the Board that he had operated a day
care center for Union County from 1972 to 1978. He commented on
the numerous problems that were experienced and stated the County
would not want to become involved in the day care business. Since
that time, it has been found that day care services can be provided
cheaper by the private sector. Also, many of the private providers
do hire welfare recipients.
County Manager O'Neal complimented Director Morris and his
Staff for an excellent job in moving forward with developing an
automated system for the Department of Social Services. Due to
this effort and the assistance given by the MIS Director, Bill
Clontz, the County did not have to hire additional DSS employees to
meet the increased demand for services.
Chairman Greer, on behalf of the Board, expressed appreciation
to Director Morris for the report and the manner in which he and
the DSS Staff deal daily with many tough issues.
ADOPTION OF A RESOLUTION APPROVING AND DESIGNATING THE TOWN OF KURE
BEACH AS THE LEAD AGENCY FOR THE CORPS OF ENGINEERS RENOURISHMENT
PROJECT
Mr. Andrew J. Canoutas, the attorney representing the Town of
Kure Beach, reported Kure Beach has been acquiring the necessary
easements from oceanfront property owners for the Corps of
Engineers beach renourishment project during the past year. The
project includes some tracts in the unincorporated county adjacent
to the Town of Kure Beach. At this time, all but 15 property
owners have given the necessary easements. Five of these 15
property owners are in New Hanover County. Pursuant to
extraterritorial condemnation powers, the Town of Kure Beach does
have the authority to proceed with condemnation of the five
parcels. The Board was requested to adopt a resolution to
designate the Town of Kure Beach as the lead agency in this project
and proceed to take whatever legal action is necessary to obtain
the easements to proceed with the beach renourishment project.
Commissioner Barone asked if any liability could be incurred
by the County?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 299
Attorney Canoutas responded the County would not suffer any
liability because Kure Beach would be the lead agency.
Discussion was held on why the five property owners were not
granting the easements. Attorney Canoutas explained that some of
the properties were involved with heirs. One property owner feels
the Town of Kure Beach should perform certain services that are not
possible. Other property owners already have a bulkhead or fence,
or others feel they are giving away some of their property. He
reported that in most cases, the problems can be resolved.
Further discussion was held on the appraisal of the
properties. Attorney Canoutas reported certain funds have been set
aside for the acquisition of the properties. The aforementioned
five properties are in danger of washing away if a hurricane should
come ashore. Since the easements are between the CAMA line and the
Atlantic Ocean, no construction can occur other than a walkover;
therefore, after an appraisal of the property, the Town of Kure
Beach will owe the property owners nothing because the property
cannot be used.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to adopt the resolution to designate the Town of Kure Beach
as the lead agency in the beach renourishment proj ect and to
proceed with whatever legal action is necessary to obtain the
easements for the proj ect. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 13.
CONSIDERATION OF ESTABLISHING A COMMITTEE TO DEVELOP A PARTNERSHIP
WITH NEW HANOVER COUNTY AND HANNOVER, GERMANY AND APPROVAL OF
ASSOCIATED BUDGET AMENDMENT #96-0159
Ms. Jane Peterson reported the Cape Fear Coast Convention &
Visitors Bureau (CVB) , and the Deutscher Club were attempting to
develop a partnership with New Hanover County and Hannover,
Germany. North Carolina is actively pursuing the German market to
increase international visitation with part of a $4 million dollar
budget funded by the Department of Transportation. The German
residents of New Hanover County are anxious to participate and
establish connections both historically and culturally. New
Hanover County will be the first county to form a relationship with
Hannover, Germany. The local group has pledged to match funding in
developing the project. The total legal fees will be $500 and the
Board of County Commissioners is being requested to make a $300
commitment for start-up funds.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to move forward with establishing a committee to develop a
partnership with Hannover, Germany and approve the associated
Budget Amendment in the amount of $300. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 300
Budget Amendment #96-0159 Non-Departmental/Outside
Agencies/Economic & Physical Development
Debit
Credit
Non-Departmental
Contingencies
$300
Outside Aqencies/Economic & Physical
Development
Convention & Visitors Bureau
$300
COMMITTEE APPOINTMENTS
APPOINTMENTS TO THE COMMISSION FOR WOMEN
Chairman Greer informed the Board that two unexpired terms
exist on the Commission for Women, and he reported that SlX
applications had been received to fill the vacancies. Also, the
Board is being requested to change the expiration date of the two
unexpired terms to May 31, 1999, in order to provide for staggered
terms due to a change in the length of terms from two to three
years.
Chairman Greer opened the floor to recelve nominations.
Commissioner Barone nominated Sadie Ann Hood. The nomination
was seconded by Commissioner Caster.
Vice-Chairman Mathews nominated Rosemarie Gabriele. The
nomination was seconded by Chairman Greer.
Vice-Chairman Mathews nominated Sandra Morris. The nomination
DID NOT RECEIVE A SECOND.
Commissioner Caster nominated Sandy Moon. The nomination DID
NOT RECEIVE A SECOND.
There being no further nominations, Chairman Greer declared
the nominations closed. He requested a motion to consider the
appointment of Sadie Ann Hood and Rosemarie Gabriele to serve on
the Commission for Women since no second was received on the
nomination of the other two nominees.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to appoint Rosemarie Gabriele and Sadie Ann Hood to fill the
unexpired terms on the Commission for Women. The terms are to
expire May 31, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Sisson
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 10:56 A.M.
until 11:27 A.M.
DISCUSSION OF NEW SEWER FACILITY FEE ORDINANCE
Assistant County Manager, Dave Weaver, reported the Board
requested Staff to prepare a recommendation for deletion of the
section in the Water & Sewer Ordinance that provides for the
addition of new homes to be exempt from the new impact fee. The
following recommendations were presented:
Residential
$0.675/square foot residential.
$1,800 maximum (for units larger than 2,667 square feet).
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 301
$500 minimum (for units smaller than 740 square feet).
House additions are presently exempt. This exemption needs to
be deleted in the Water & Sewer Ordinance.
Commercial
$3.75 per gallon capacity required.
No Maximum.
$1,115 minimum fee for new development.
Commercial additions are not exempt.
Chairman Greer inquired as to how the commercial gallon
capacity was calculated? Assistant County Manager Weaver responded
that the State has capacity requirements for uses, such as offices,
that are accepted and used throughout the state.
The following guidelines were presented for charging impact
fees for new development:
A. New Residential Units
(1) In no case will the total of sewer facility fees for any unit,
including additions, exceed the maximum of $1,800. The
maximum $1,800 takes effect for new units larger than 2,667
square feet.
(2) The minimum of $500 applies to new units smaller than 7,440
square feet.
B. Additions
(1) An addition of enclosed heated or unheated living space to an
existing residential unit will require an impact fee based on
square footage of the addition, unless the maximum fee of
$1,800 for the house has already been reached.
(2) The minimum fee of $500 does not apply to additions. Impact
fees for additions will be charged on a square footage basis
and may be less than $500.
(3) Construction of garages are not considered to be additions and
are exempt from the impact fee.
(4 )
No impact fees will be charged for the conversion of
unheated living space, e.g. bonus rooms or attics.
fees will be charged for the conversion of attached
carports, screened porches, covered patios, and
unenclosed areas.
enclosed
Impact
garages,
similar
A lengthy discussion was held on additions to new homes.
Chairman Greer spoke in favor of the guidelines presented for new
homes with a maximum impact fee of $1,800 for units larger than
2,667 square feet, but he expressed concern for the policy
regarding new additions. Additions, such as bedrooms and other
rooms, could impact the sewer system; therefore, a fee should be
charged regardless of whether the maximum impact fee had been paid.
He recommended charging a fee for any addition of living space that
exceeds a certain size.
Assistant County Manager Weaver suggested increasing the
maximum fee, or removing a maximum fee with the impact fee based
entirely on $0.675 per square foot.
Assistant County Manager Weaver advised that administering a
fee on additions over a certain square footage would be difficult
to administer because persons would become argumentive about
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 302
whether the addition was one foot over the square footage
requirement.
Chairman Greer recommended charging a flat fee of $50 for all
additions regardless of size.
Assistant County Manager
options for developing an impact
a fee per square foot; and (3)
number of plumbing fixtures. All
disadvantages.
Weaver presented the following
fee: (1) a flat fee per unit; (2)
a fee charged according to the
three options have advantages and
Commissioner Caster recommended charging a flat fee of $100.
Consensus: After further discussion, it was the consensus of the
Board to direct Staff to prepare a draft proposal for additions
based upon the discussion.
County Manager 0' Neal noted that Staff would develop some
options to be considered at a later date.
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of Remarks Made by Don Loftin Regarding the Procurement
Procedure for the 800MHZ Radio System
County Manager 0' Neal commented on the remarks by Mr. Don
Loftin regarding the 800MHZ Radio System and requested
authorization to respond to his comments.
Chairman Greer stressed the importance of checking into this
matter because he felt Mr. Loftin would not repeatedly come before
the Board with information that was not factual. Emphasis was
placed on thoroughly reviewing the figures so this matter could be
properly addressed. He suggested that Staff prepare a bid packet
composed of the leased equipment and contact some companies to
ascertain a purchase price for the equipment.
County Manager 0' Neal advised that Mr. Loftin had been in
contact with the County and was concerned that his company did not
receive the bid award. He reported Staff had adequately responded
to his complaints and questions.
County Manager O'Neal expressed concern for the overtones of
impropriety in Mr. Loftin's remarks and stated he felt a response
should be prepared and forwarded to Mr. Loftin.
vice-Chairman Mathews agreed with the County Manager and
stated a response should be made to Mr. Loftin's remarks about a
Staff Member squandering $205,000 of taxpayers money.
Chairman Greer, again, reiterated the importance of clarifying
the issue by thoroughly checking into the matter to resolve Mr.
Loftin's complaints. He recommended including Mr. Loftin in the
process so the figures could be accurately checked.
County Manager 0' Neal advised he would rather perform the
investigation without Mr. Loftin. He reported if the investigation
reflects that a mistake has been made, he would be the first to
apologize and correct the error.
Chairman Greer stressed the importance of not quarreling with
Mr. Loftin and stated if Mr. Loftin is right he would like to know
because the County could save $600,000.
Commissioner Caster agreed with Chairman Greer and stated the
procurement process should be thoroughly investigated.
Commissioner Barone noted that with a sole source supplier,
there was always a public perception about the bidding process.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 303
County Manager O'Neal stated the procurement process would be
investigated with a report forwarded to the Board as well as a
response to Mr. Loftin's allegations. He stated, in his opinion,
the equipment lease was the correct procurement procedure.
Joint Meeting of the N. C. Department of Transportation (NCDOT)
Steering Committee and Agencies to Discuss the Status of the
Wilmington Bypass
County Manager O'Neal announced the NCDOT Steering Committee
was holding a meeting on Wednesday, March 20, 1996, at 1:30 P.M. in
the First Floor Board Room of the Highway Building in Raleigh,
North Carolina, to discuss the Wilmington Bypass. He advised that
Planning Director Hayes would be attending the meeting.
Announcement of Temporary Shut Down of the Brunswick Nuclear Plant
County Manager O'Neal advised that a press release was just
received informing the County that the Brunswick Nuclear Plant
would be shut down late this afternoon for repair of an internal
component of the service water pumps. As soon as the repair is
completed, the plant will go back on line.
Authorization for the City and County to Stage an Event to welcome
in the 21st Century
County Manager O'Neal announced the Board of Directors of the
Cape Fear Coast Convention & Visitors Bureau (CVB) would like to
work with the City and County in staging an event to welcome in the
21st Century at midnight on New Year's Eve, 1999. The CVB would be
designated as the lead agency in carrying out the event.
Ms. Jane Peterson, President of the CVB, requested the County
to support this event and stated in order to plan a successful and
spectacular event at least two years of planning would be required.
Consensus: It was the consensus of the Board to authorize the
County Manager to write a letter of support to the CVB Board of
Directors.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Using Service Roads in New Hanover County
Vice-Chairman Mathews reported on a conversation with the
Assistant County Manager about requesting the N. C. Department of
Transportation to allow the County to use service roads in planning
for future commercial development. He asked if any response has
been received.
Assistant County Manager Weaver advised that the Planning
Director was in the process of presenting this request to the
Planning Board. It appears that the Department of Transportation
is willing to accept the use of service roads.
Renovations to the Assembly Room in the New Hanover Courthouse
Vice-Chairman Mathews commented on planned renovations for the
Assembly Room and asked if the room should be rented since the
floors have been severely damaged because of dancing during wedding
receptions. He requested figures showing the amount of revenue
generated and stated if the fees collected do not pay for the
damage to the room, the Board should consider renting the room only
for non-profit meetings and private events.
County Manager O'Neal explained that in the past, the room was
not rented for anything other than civic purposes; however, many
calls were received from citizens complaining about the facility
being a public building which should be made available to the
public for rental purposes. The following fees were presented:
Wedding Receptions
Private Receptions and similar events
Non-Profit meetings
$250
$150
$ 75
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 18, 1996
BOOK 25
PAGE 304
After further discussion, the County Manager was requested to
prepare a report on rental revenue versus the costs for upkeep and
maintenance of the room.
vice-Chairman Mathews commented on the poor acoustics and
recommended purchasing five microphones for the Administrative
Staff instead of the lapel microphones.
After further discussion, the Clerk to the Board was requested
to work with Property Management in being sure the sound system was
properly functioning.
vice-Chairman Mathews asked if the heating and cooling system
was working?
County Manager O'Neal responded the system worked most of the
time.
Chairman Greer expressed concern for the amount of money spent
in repairing the heating and cooling system and requested the
County Manager to check into why the system does not properly
function at all times.
Request to Invite the Judges to Attend the Legislative Coordinating
Council Meeting to be Held on Monday, April 29, 1996
Commissioner Barone suggested inviting the Judges to attend
the Legislative Coordinating Council meeting.
Clerk to the Board, Lucie F. Harrell, reported the Judges have
been invited in the past; however, she would be sure invitations
are forwarded to the Judges.
Announcement of Decision by the N. C. Supreme Court on the Maready
vs Forsyth County Case Regarding Incentives for Economic
Development
County Attorney Copley reported that a decision had just been
rendered in the Maready vs Forsyth County case regarding incentives
for economic development. The Judge ruled in favor of allowing
local governments to provide incentives for economic development.
She reported a synopsis of the case would be prepared and forwarded
to the Board.
Discussion of 800MHZ Hand-Held Radios
Chairman Greer commented on the recent severe weather
bulletins and asked if the 800MHZ hand-held radios were ready to be
distributed to the Commissioners.
County Manager O'Neal replied he would check with Emergency
Management and be sure the radios were delivered to the
Commissioners.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:50 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board