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