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1998-09-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 697 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 21, 1998, at 9:00 a.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Commissioner Ted Davis, Jr. arrived at 9:50 a.m. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG County Manager Allen O’Neal gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow anyone from the general public to present an item that was 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 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED by a 4 to 0 vote. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingAugust 17, 1998 Joint City/County MeetingAugust 18, 1998 EMS Work SessionJune 11, 1998 BMS Work SessionJune 11, 1998 Closed SessionJuly 27, 1998 Closed SessionSeptember 8, 1998 Release of Value - Tax Department The Commissioners released the following late listing penalties as the taxpayers certified they had mailed the listings on time: APAC Carolina, Inc. $l,881.26 CV Specialists, Inc. 4.90 Hanover Regional Animal Hospital, Inc. 40.18 Hotel Group, Inc. 978.86 McPherson’s Body Shop 5.12 Merritt, Alvin K. DBS Merrit’s House of BBQ 8.47 Michaels Auto Sales, Inc. 7.97 R. J. Calphin & Associated 13.12 Tom O. Quinn Rigging Service 36.13 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 698 Acceptance of Tax Collection Reports Through August 31, 1998 The Commissioners accepted the following Tax Collection Reports through August 31, 1998, as submitted by Patricia J. Raynor, 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 XXIV, Page 30. Adoption of Resolution to Award Bid #99-0039 to Prillaman Chemical Corporation to Purchase Sulfuric Acid for the WASTEC Facility - Environmental Management Department The Commissioners adopted a resolution to award the bid to Prillaman Chemical Corporation, the lowest responsible bidder, to purchase Sulfuric Acid for the WASTEC Facility. The purchase price for the first year will be $.88 per gallon and $.93 per gallon for the second year at an estimated total cost of $21,720. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. Approval of Budget Amendment #99-0027 to Rollover Unexpended Grant Funds from FY 1997-98 to FY 1998-99 The Commissioners approved the following budget amendment: #99-0027 - Various Departments DebitCredit Planning CAMA Grant $20,000 Temporary Salaries$ 3,500 Advertising 2,000 Contracted Services 4,500 Postage 500 Printing 6,000 Supplies 3,500 Cooperative Extension Coop Block Grant $10,557 Salaries 4,974 FICA 380 Supplies 3,967 Travel 1,236 Drug Court Bureau of Justice Grant$96,530 Contracted Services $107,256 Commissioners Appropriate Fund Balance$10,726 Museum Grassroots Science Grant$96,578 Salaries$ 14,769 Temporary Salaries 12,237 FICA 2,168 Retirement 999 Medical Insurance 1,862 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 699 (Budget Amendment #99-0027 continued) Debit Credit Contracted Services 21,465 Printing 4,229 Supplies 18,691 Travel 5,984 Administrative 1,704 Capital Outlay 4,910 Vehicles 7,560 Aging Foster Grandparent Grant$69,783 Salaries 6,926 FICA 530 Auto Reimbursement 267 Volunteer Auto Expense 5,823 Volunteer Stipends 56,237 Human Service Transportation Transportation Assistance Grant$34,587 Work First Grant$37,404 Elderly Assistance$22,201 Disabled Assistance 12,386 Work First Assistance 37,404 Schools Retrofit FEMA-Disaster Resistance Community$435,014 Contracted Services$ 63,000 Supplies 14 Travel 2,000 Other Improvements 245,000 Administrative 3,000 Engineering 122,000 Project Impact - Hazard Mitigation HMGP - federal$196,987 HMGP - state 63,578 Salaries 6,255 Advertising 30,000 Contracted Services 136,125 Supplies 49,604 Travel 8,581 Capital Outlay 30,000 Cooperative Extension USDA Pesticide Grant $ 12,500 Cooperative Extension Expense$12,500 Environmental Management - Recycling Water Reduction Grant $ 1,511 Contracted Services$ 1,511 Aging - Congregate Cape Fear Memorial Foundation Grant $ 27,245 Contracted Services-CFMF Grant$27,245 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 700 (Budget Amendment #99-0027 continued) DebitCredit Adjustment Juvenile Day Reporting Center Juvenile Day Reporting Grant $138,856 Contributions from NHC Schools-in kind $163,811 Salaries $ 9,994 FICA 817 Retirement 563 401K 544 Medical Insurance 331 Disability 341 Contracted Services 60,043 Uniforms 1,875 Buildings 106,000 Capital Outlay 30,500 In Kind (from schools) 91,659 Adoption of Resolution to Add Roads to the State Highway System The Commissioners adopted a resolution for the State to consider adding Strata Street Extension (SR 1163) and Callie Street in Hidden Forest Subdivision (Div. File No. 912-N) to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book, XXIV, Page 30. Adoption of Resolution to Proclaim Saturday, September 26, 1998, at “Hunting and Fishing Day” in New Hanover County “Hunting and The Commissioners adopted a resolution to proclaim September 26, 1998, as Fishing Day” in New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. Award of Contract #99-0075 to Service Designs Associates to Administer Training on the Electronic Benefits Transfer Program The Commissioners awarded a contract to Service Designs Associates in the amount of $80,113 to train one member of each Food Stamp household on the Electronic Benefits Transfer Program. The County Manager was authorized to execute the contract documents. Two bid proposals were received. Both bidders qualified to provide the service. The bid submitted by Service Designs Associates was $80,113, and the bid submitted by Lockheed-Martin was $120,243. The Board of Social Services voted to recommend approval of the bid award to Service Designs Associates. A copy of the contract is on file in the Legal Department. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following employees to stand and be recognized: Mable Brunson, Aging Department Vivian Purifoy, Health Department Candace Artis, Health Department Kim Rome, Health Department Jeraldine Taylor, Health Department Sheri Parrish, Health Department Mildred Lincoln, Health Department Caritza Henry, Health Department Steve Colender, Inspections Department NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 701 Robert Helm, Parks Department Tony Williams, Park Department Regina Corum, Parks Department Henry Jones, Property Management Wanda Waddell, Property Management Geraldine Tyson, Property Management Amy Blanchard, Social Services Renee’ Hall, Social Services Patricia Wilson, Social Services Lisa Wall, Social Services Amy Gardner, Social Services Brian Bocnuk, Social Services Kevin White, Social Services Jen Keever, Social Services Rebecca Chamblee, Social Services John Timmerman, Museum Chairman Caster, on behalf of the Board, welcomed the employees to New Hanover County government, and he wished them well in their new careers. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Norma Troutman, Budget Department5 years John Norton, Parks Department5 years Carl Sullivan, Environmental Management Department 10 years Phyllis A. Clemmons, Department of Social Services 10 years Mary M. Coulson, Department of Social Services 10 years Bettejean Anderson, Department of Social Services 15 years Faye H. Smith, Department of Social Services 15 years Janet K. Seapker, Cape Fear Museum 20 years Chairman Caster, on behalf of the Board, presented a service award to each employee and he expressed appreciation to them for their years of dedicated service. A round of applause was given to the employees. ADOPTION OF NEW HANOVER REGIONAL MEDICAL CENTER FINANCING RESOLUTION A resolution prepared by bond counsel was presented to the Board of County Commissioners by County Attorney Copley to express the County’s interest in obtaining revenue bond financing for the purchase of Cape Fear Memorial Hospital. The resolution appoints the County Manager and Finance Officer as representatives to file the application to the Local Government Commission relating to the bonds; designates Robinson, Bradshaw & Hinson, P.A. as bond counsel; authorizes the Local Government Commission to sell the bonds at private sale without advertisement; and stipulates that the proceeds from the sale of bonds will be used to repay debt incurred by New Hanover Regional Medical Center to acquire the assets of Cape Fear Memorial Hospital. Vice-Chairman Greer noted that no dollar figure was placed in the resolution, and he inquired as to the total amount of the bond issue. Finance Director, Bruce Shell, responded the projected amount will be $103,000,000 depending upon issuance costs. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 702 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the resolution as presented by bond counsel. Upon vote, the MOTION CARRIED by 4 to 0 vote. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. PRESENTATION OF PILOT’S RIDGE PARK/SCHOOL MASTER PLAN BY BONEY ARCHITECTS Mr. Paul Boney presented the conceptual Master Plan for the Pilot’s Ridge Park/School site. A map and slide presentation were presented on the location of facilities and the details of the schematic design: ? The site is approximately 210 acres. The entrance road will be located off Carolina Beach Road, and the N. C. Department of Transportation has been contacted about improvements needed on Carolina Beach Road to access the site. ? The Middle School will be located on the eastern portion of the site with a shared Auditorium between the High School and Middle School. The Elementary School will be located on the western portion of the site. Entrances off the main collector road will be constructed for the Middle School, High School, Auditorium and parking lot, which will provide 700 parking spaces. The parking lot will accommodate students during school hours. ? The High School and Middle School will be two-story structures. ? The Elementary School will be constructed in the future. ? The eastern portion of the site will be used for play fields. Four soccer fields have been designated and discussion is still occurring on baseball and softballs fields with overlay areas. ? The tennis center will be located on the northwest portion of the site. Six tennis courts and a parking area will be associated with the High School. Also, a future tennis area with six additional courts and a small tennis facility is planned. ? On the northern portion of the site off River Road, the County has an access easement behind houses in this area. It does not appear there will be a need to have vehicular traffic on the access. Mr. Nathan Sanders still owns some property adjacent to the site, and as part of the agreement with the County, he maintains access to the piece of property and he has the right to open up the access if desired in the future. ? A management plan schedule was presented. If the conceptual Master Plan is approved by the Board of County Commissioners, the site package will be bid on April, 1999 to begin grading and installation of roads. The next presentation will be to the Board of Education on December 1, 1998, to submit the design development and technical engineering drawings of the buildings. ? The total building area in Phase I will be 378,914 square feet. In concluding the presentation, Mr. Boney complimented Mr. Eddie Anderson, Facilities Director of New Hanover County Schools, and Mr. Neal Lewis, Director of the New Hanover County Parks Department, for the cooperation and effort given to develop this project. He offered to answer any questions. Chairman Caster requested Mr. Boney to discuss the potential natatorium site. Mr. Boney pointed out on the map two sites that have been identified for construction of a natatorium. The northern site would be closer to the schools and parking areas. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 703 Vice-Chairman Greer commented on the access road owned by New Hanover County adjoining the Nathan Sanders property, and he asked if pedestrian traffic would be the only needed use of this access in the future. Mr. Boney responded that he did not feel the access would be needed for any other type of use. Commissioner Birzenieks asked how many students the new high school would accommodate. Mr. Boney responded 1,600 students. Commissioner Birzenieks complimented Mr. Boney for preparing an excellent design plan. Chairman Caster noted that with construction of the new High School, the enrollment at Hoggard High School will be reduced from 2,100 to 1,600. Chairman Caster requested a motion to adopt the conceptual Master Plan. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the Pilot’s Ridge Park/School Master Plan. Upon vote, the MOTION CARRIED by a 4 to 0 vote. CONSIDERATION OF FUNDING REQUEST FOR THE COMMUNITY DEVELOPMENT CORPORATION TO OPEN A SECOND BUSINESS INCUBATOR County Manager O’Neal advised at the September 8, 1998, meeting the County was requested to donate $150,000 to assist the Wilmington/New Hanover Community Development Corporation to establish a second business incubator in Wilmington to be housed in the old Fox Holsum Bakery building located at 13th and Meares Street. During the meeting, no decision was rendered and Staff was requested to review funding options and present them to the Board at the September 21, 1998 meeting. The following funding options were presented: (1)Contribute a portion or all of the amount requested from the Contingency Fund during FY 1998-99. (2)Contribute a portion or all of the amount requested from the Fund Balance during FY 1998- 99. (3)Contribute a portion from either Contingency or Fund Balance this year and budget balance for future year(s). (4)Make no contribution during FY 1998-99 and include a portion of the amount requested in the budget for FY 1999-2000 and the balance in FY 2000-2001. Vice-Chairman Greer pointed out that the City of Wilmington receives community development block grant funding on a routine basis, which allows the City Council to budget over a three-year period for projects of this type. New Hanover County receives community development block grant funding, but the County must compete with other counties for specified projects, such as the Kirkland Project. There is no guarantee that funding will be received by the County on an annual basis. County Manager O’Neal concurred with the statements made by Chairman Greer and he stated if the Board decides to contribute to the small business incubator, the funding should be appropriated from general fund proceeds. Commissioner Birzenieks spoke favorably on establishment of a second incubator, and he complimented Ms. Jackie Peoples on the success of the existing incubator located at the Hilton NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 704 Industrial Park. He expressed concern for the funding request not being submitted during the FY 1998-99 budget process so the project could have been considered with other funding requests from outside agencies. After further discussion of the project, Commissioner Birzenieks asked Ms. Peoples if there was a time line on the project, and would she be willing to submit the project as part of the budget process for FY 1999-2000. Ms. Peoples responded she would submit the funding request during the next budget process; however, when submitting a federal grant application, it is advantageous for the project to receive City and County support. Without this support, the amount of funding requested may not be received in its entirety. Commissioner Birzenieks asked if the County decides to make a contribution at a lower level of funding, would this benefit the project. Ms. Peoples advised that the Wilmington-New Hanover Community Development Corporation was faced with two choices: (1) to obtain an existing building at a cost of $1,100,000; or (2) select a site located in a low income area to assist eliminating the blight in the area. If the local government level of participation is lower, it will be a disadvantage. Also, this is an opportune time to focus on persons being removed from welfare who are seeking jobs. The location of the incubator between two public housing projects will greatly help persons to find jobs without having to worry about transportation. Chairman Caster spoke on the need to place the funding request in the upcoming budget process so it will be fair to all agencies submitting funding requests. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to approve the concept of the program and to consider some amount of funding for the project during the FY 1999- 2000 budget process. Vice-Chairman Greer expressed concern for misleading Ms. Peoples if the Board is not going to contribute a certain amount of funding for the project. He recommended asking the Wilmington- New Hanover Community Development Corporation to submit the funding request during the FY 1999-2000 budget process. Amended Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to amend the motion to request the Wilmington-New Hanover Community Development Corporation to submit the funding request during the FY 1999-2000 budget process to be considered with other budget requests. Upon vote, the MOTION CARRIED by a 4 to 0 vote. COMMITTEE APPOINTMENTS Appointment of Charles L. Robbins and James B. Steele to Serve on the New Hanover County Board of Examiners of Electricians Chairman Caster announced that two electrical contractor positions needed to be filled on the Board of Examiners of Electricians. He advised that three applications had been received, and he opened the floor to receive nominations. Commissioner Howell nominated Charles L. Robbins and James B. Steele. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board voted 4 to 0 to appoint Charles L. Robbins and James B. Steele to serve two-year terms on the Board of Examiners of Electricians with the terms to expire September 1, 2000. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 705 Appointment of Darryl T. “Chuck” Langley to Serve on the Board of Fire Commissioners Chairman Caster announced that one at-large community representative position needed to be filled on the Board of Fire Commissioners due to the resignation of Mike Denniston. He advised that six applications had been received, and he opened the floor to receive nominations. Commissioner Howell nominated Chuck Langley. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board voted 4 to 0 to appoint Darryl T. “Chuck” Langley to serve on the New Hanover County Board of Fire Commissioners for a three-year term to expire on July 1, 2001. Reappointment of Joanne Marr and Appointment of Jeanie Renegar to Serve on the Criminal Justice Partnership Advisory Board Chairman Caster announced that two vacancies exist on the Criminal Justice Partnership Advisory Board. He advised that five applications had been received and one applicant Joanne Marr was eligible to be reappointed to serve as the Community Based Corrections Program representative. Discussion was held on the size of the Criminal Justice Partnership Advisory Board. Deputy County Manager, Andrew J. Atkinson, advised that since the Board was currently composed of 21 members, the Commissioners may not want to fill all of the at-large positions Chairman Caster opened the floor to receive nominations. Vice-Chairman Greer nominated Joanne Marr for reappointment to serve as the Community Based Corrections Program representative. The nomination was seconded by Commissioner Howell. Vote: Upon vote, the Board vote 4-0 to reappoint Joanne Marr to serve a three-year term on the Criminal Justice Partnership Advisory Board as the Community Based Corrections Program representative. The term will expire September 30, 2001. After discussion of the number of at-large members currently serving on the Criminal Justice Partnership Advisory Board, the Commissioners decided to appoint only one at-large representative. Commissioner Birzenieks nominated Jeanie Renegar to serve as an at-large representative. The nomination as seconded by Commissioner Howell. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board voted 4 to 0 to appoint Jeanie Renegar to serve a three-year term as an at-large representative on the Criminal Justice Partnership Advisory Board. The term will expire September 30, 2001. Reappointment of Lethia S. Hankins and Appointment of Robert L. Mayo and Sharon L. Welsh to Serve on the New Hanover County Library Advisory Board Chairman Caster announced that four vacancies exist on the Library Advisory Board. He advised that three applications had been received with one applicant, Lethia S. Hankins, being eligible for reappointment. Chairman Caster opened the floor to receive nominations. Commissioner Birzenieks nominated Lethia S. Hankins for reappointment. The nomination was seconded by Vice-Chairman Greer. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 706 Vote: Upon vote, the Board voted 4 to 0 to reappoint Lethia S. Hankins to serve a three-year term on the Library Advisory Board with the term to expire August 31, 2001. Commissioner Birzenieks nominated Robert L. Mayo. The nomination was seconded by Vice-Chairman Greer. Chairman Caster nominated Sharon L. Welsh. The nomination was seconded by Commissioner Birzenieks. Vote: Upon vote, the Board voted 4 to 0 to appoint Robert L. Mayo and Sharon L. Welsh to serve three-year terms on the New Hanover County Library Advisory Board with the terms to expire August 31, 2001. The Clerk to the Board was requested to advertise the remaining vacancy so applicants can be recruited to fill the position. Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Caster reported that four vacancies exist on the New Hanover Regional Medical Center Board of Trustees. He advised that ten applications have been received with four of the applicants being eligible for reappointment. Pursuant to the by-laws governing the Board of Trustees, all members eligible to serve another term must be reappointed unless the Board of County Commissioners vote unanimously not to reappoint a member. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to reappoint Pamela S. Morine, Sylvia H. Rountree, William C. Taylor and F. Spruill Thompson to serve three- year terms on the Medical Center Board of Trustees. The terms are to expire September 30, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Caster announced that five vacancies exist on the Nursing Home Community Advisory Committee. Five applications have been received, but one applicant, Sandra R. Privette, is not eligible to serve because she is currently employed by the Liberty Commons Nursing Center. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to appoint Joan Barbara Apke, Elizabeth W. Bland, Tomye (Mary) B. Harris, and Shirley O. Mason to serve one-year terms on the Nursing Home Community Advisory Committee. The terms are to expire September 30, 1999. Upon vote, the MOTION CARRIED by a 4 to 0 vote. The Clerk to the Board was requested to advertise the remaining vacancy so applicants can be recruited for the position. ARRIVAL OF COMMISSIONER TED DAVIS, JR. Due to a scheduled meeting concerning a court case, Commissioner Davis arrived at 9:50 a.m. Appointment of Michael J. Kennan to Serve on the New Hanover County Planning Board Chairman Caster announced that one vacancy needed to be filled on the Planning Board. He advised that six applications have been received, and he opened the floor to receive nominations. Commissioner Howell nominated Michael J. Keenan. Vice-Chairman Greer seconded the nomination. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board voted unanimously to appoint Michael J. Keenan to serve a three-year term on the New Hanover County Planning Board with the term to expire July 31, 2001. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 707 BREAK Chairman Caster called a break from 9:55 a.m. until 10.15 a.m. ADDITIONAL ITEMS Discussion of O-I Office and Institution Zoning Petition Submitted by Ms. Rudie Malpass Commissioner Howell referenced the recent denial of the Office and Institution zoning petition submitted by Ms. Rudie Malpass and he suggested referring the petition back to the Planning Board to be considered for conditional use O-I zoning. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to remand the petition to the Planning Board for reconsideration of conditional use zoning for the property. Vice-Chairman Greer said when the Board denied the request on September 8, 1998, he felt this action indicated that the Commissioners were not interested in changing the residential zoning. Commissioner Howell commented on the property being located across the street from WalMart and he stated the land was not suitable for residential use. MOTION to remand the zoning petition back to the Planning Board was Upon vote, the UNANIMOUSLY ADOPTED. Retreat Scheduled for Saturday, November 21, 1998 Chairman Caster spoke on discussing the possibility of holding a mini-retreat to focus on and prioritize the number of projects being considered by the Board of County Commissioners so direction can be provided to Staff in preparing the FY 1999-2000 budget. Consensus: It was the consensus of the Board to schedule a min-retreat on Saturday, November 21, 1998, from 10:00 a.m. until 2:00 p.m. in the New Hanover County Administration Building, Room 501, 320 Chestnut Street, Wilmington, N. C. to discuss prioritizing projects for the FY 1999-2000 budget. Special Meeting Scheduled on October 7, 1998 to Interview Applicants for the Tax Administrator Position County Manager O’Neal advised that during the last staff meeting, discussion was held on interviewing three applicants to fill the vacant Tax Administrator position. He recommended holding a Special Meeting and convening to Closed Session for the interview process. Consensus: It was the consensus of the Board to call a Special Meeting on October 7, 1998, at 9:00 a.m. in the New Hanover County Administration Building, Room 301, 320 Chestnut Street, Wilmington, N. C. to interview three applicants for filling the vacant Tax Administrator position. Group Picture Scheduled for October 19, 1997 Chairman Caster advised it was time for the group picture to be taken of the Board of County Commissioners and Administrative Staff. He requested the Board to select a date. Consensus: After discussion, it was the consensus of the Board to have the group picture taken on October 19, 1998, at 8:30 a.m. in the New Hanover County Courthouse Assembly Room. ADOPTION OF ORDER TO REQUIRE FALCON TO PROVIDE A CORRECTIVE ACTION PLAN WITHIN THE 60 DAYS County Attorney Copley referenced the Technical Audit Report of Falcon prepared by the County’s consultant, Robert F. Sepe, and she stated that numerous deficiencies were found during the auditing process. The Legal Department has made every effort possible to work with Falcon; however, the deficiencies and quality of service have not been improved. Numerous calls are received daily in the Legal Department from dissatisfied customers complaining about the poor picture quality. She advised that a lawsuit has been filed by persons subscribing to the service. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 708 After discussion of the number of customers dissatisfied with Falcon service and the time spent by the Legal Department in receiving and recording customer complaints, County Attorney Copley requested the Board to adopt an Order requiring Falcon to correct the deficiencies within 60 days. Falcon Cable would be required to submit a written report identifying in detail the corrective actions taken to comply with the terms of the Order. County Attorney Copley reported that Mr. Michael D. Singpiel, Divisional Vice-President of Falcon Eastern Division located in Nags Head, North Carolina, was present, and she advised that he might like to comment on behalf of Falcon Cable. Mr. Singpiel offered to answer questions. Chairman Caster requested Mr. Singpiel to explain why the problems have not been corrected with the many complaints received about the poor quality of cable service. Mr. Singpiel said he had not been able to review the report in depth; however, Falcon would study the findings of the audit and correct the deficiencies within 60 days. Chairman Caster strongly objected to Mr. Singpiel appearing before the Board of County Commissioners without thoroughly reviewing the report and making recommendations. Mr. Singpiel offered to appear before the Board within a week to discuss the audit report. Concern was expressed for not having time to verify some of the findings before discussing the report because he felt there were some problems with the audit. Commissioner Birzenieks recommended adopting the Order as presented. He advised that over the past year, numerous meetings were held with representatives from Falcon Cable. Promises were made and the deficiencies have not been corrected as of this date. County Attorney Copley reported that Mr. Robert E. Sepe, the consultant who prepared the report was present and would like to speak. Mr. Robert E. Sepe, the consultant, reported that Falcon Cable was not in compliance with FCC signal quality standards at each of the 37 test sites visited. Each site failed to meet one or more FCC technical standards for signal quality. Several items were discovered. One was the use of 8-port taps in new homes, which causes interference by injecting standing waves back into the cable system. At several test sites, center conductors on cable connectors were corroded and discolored. At one site, when the corroded center conductor was cleaned, the signal level improved to 13.3 dBmV. Cable connectors at ocean-side residences were not coated with a protective agent, e.g., petroleum jelly, to guard against salt-air corrosion. Falcon is capable of providing the signal level of quality. However, the company will be required to pay attention to details, systematic maintenance, and monthly evaluations by technical staff to be sure the customers are receiving quality service. Without this effort, the customers will continue to complain about paying premium dollars for poor service. The County is required to give Falcon an opportunity to cure the deficiencies. If Falcon fails to cure the deficiencies, the County can consider denying renewal of the franchise. Discussion followed on the term of the franchise. County Attorney Copley advised the franchise will expire in 2001. Vice-Chairman Greer asked if Falcon fails to cure the deficiencies within 60 days, does this mean that Falcon Cable can continue to operate in New Hanover County until the franchise expires. He expressed concern for the citizens having to pay for a poor quality of service or losing cable service if they discontinue Falcon service. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 709 Mr. Sepe explained that the Cable Act was stacked against local government because it assumes that the franchise will be automatically renewed. The following steps must be taken to deny the franchise: (1)The County has to demonstrate conclusively that the local operator cannot satisfactorily perform. (2)The consultant will be required to conduct a series of consumer surveys to establish the communities needs. (3)A review of the AT&T plan should be performed since Falcon, TCI and AT&T are merging to ensure the plan will be technically sufficient to respond to community needs. If this proposal does not meet the necessary requirements, the County would have a basis for denial of the franchise. In closing, Mr. Sepe noted that Time Warner has a county-wide franchise that allows this operator to build in areas served by Falcon. Many customers in these areas have already left Falcon and moved to Time Warner. With adoption of the proposed Order, the Commissioners will be taking the first step in resolving the problem. At the present time, Falcon is capable of correcting the deficiencies with the provision of ample personnel and money. Commissioner Davis asked if 60 days would be enough time for Falcon to correct the deficiencies. Mr. Sepe responded that 60 days would be sufficient; however, Falcon can request an extension of time. The bottom line is that people do not care who provides the cable service as long as the picture is of good quality. County Attorney Copley requested Mr. Singpiel to respond to two questions: (1) Why can Falcon customers not receive CBS access; and (2) When will the new tower be constructed. Mr. Singpiel responded that a temporary 200 foot tower had been erected; therefore, CBS access should be available today. Also, the 600 foot tower would be completed in 45 days. He advised that Falcon would move forward with correcting the deficiencies in the report within 60 days. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt an Order that will require Falcon to perform the following items: (1) correct the deficiencies as outlined in the report within sixty (60) days; and (2) present a written report to the Board of County Commissioners showing that all deficiencies have been corrected and the system complies with the FCC signal quality standards. If Falcon Cable does not come into compliance within sixty (60) days after the issuance of the Order, New Hanover County will take action against Falcon Cable. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney requested the County Manager to place the Corrective Report from Falcon on the agenda for November 23, 1998. A copy of the Order is hereby incorporated as a part of the minutes and is contained in Exhibit XXIV, Page 30. ACCEPTANCE OF OFFER BY THE NORTHEAST LIBRARY ACTION COMMITTEE Motion: After discussion of the offer being fair to all parties involved and the incentive for significant donations to provide a naming opportunity for the contributors, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to accept the 50-50 split offer by the Northeast Library Action Committee for payment of architect design costs associated with the Hannaford Building and to authorize the Chairman to write a letter informing the public about the incentive to participate in naming the Northeast Branch Library. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 710 MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION TO EVALUATE THE COUNTY MANAGER, COUNTY ATTORNEY, AND CLERK TO THE BOARD Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to convene to Closed Session pursuant to NCGS 143-381.11(6) for the purpose of evaluating the County Manager, County Attorney, and Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened from Regular Session at 11:00 a.m. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 12:29 p.m. He reported that no action was taken in the Closed Session. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 12:30 p.m. to hold a meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 1:10 p.m. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION TO COMPLETE EVALUATIONS FOR THE COUNTY MANAGER, COUNTY ATTORNEY, AND CLERK TO THE BOARD Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reconvene to Closed Session pursuant to NCGS 143-381.11(6) to complete performance evaluations of the County Manager, County Attorney, and Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened to Closed Session at 1:10 p.m. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 1:50 p.m. Chairman Caster reported the County Manager, County Attorney, and Clerk to the Board received excellent performance evaluations. During the Closed Session the Board voted to provide the following salary increases retroactive to July 1, 1998: County Manager - 5% salary increase plus an additional $1,200 increase in the car allowance County Attorney - 5% salary increase plus a car allowance of $1,800 Clerk to the Board - 5% salary increase plus a car allowance of $1,200 Discussion followed on the amount of money budgeted for the County Commissioners to receive a salary increase. County Manager O’Neal advised that 5% had been budgeted for each County Commissioner to receive a salary increase. Consensus: After further discussion, it was the consensus of the Board to approve a 5% salary increase for the County Commissioners retroactive to July 1, 1998. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 21, 1998PAGE 711 ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 1:55 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board