1998-11-23 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 799
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 23, 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 Ted Davis, Jr;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
Deputy County Manager, Andrew J. Atkinson; County Attorney, Wanda M. Copley; and Clerk to
the Board, Lucie F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present. He announced
that Commissioner Davis was in court and would arrive within the next hour.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item that was listed on the Consent
Agenda. He requested all persons speaking to limit their remarks to three minutes.
The following item was presented:
Status Report on the Ronald Shackelford v. City of Wilmington Annexation Phase I Lawsuit
Mr. Jack White reported that a year ago, he requested the County Commissioners to file an
amicus brief (Friend of the Court) in the Ronald Shackelford lawsuit. At that time, the
Commissioners determined it did not have sufficient standing to file a brief. Currently, Mr.
Shackelford’s lawsuit is in the North Carolina Supreme Court pending a motion to rehear the case.
If an order is granted to rehear the case, the County or County Commissioners would have 30 days
to petition the Court for permission to file an amicus brief.
Mr. White informed the Board that he was attempting to introduce a constitutional issue to
challenge North Carolina forcible annexation laws. This matter was introduced in Superior Court,
but it was not advanced by Mr. Gary Shipman, the Attorney representing Mr. Shackelford. The
current law is unconstitutional, and the Board should consider becoming a friend of the court to
support this effort or generally oppose the City and its proposed annexation. Also, the N. C. League
of Municipalities has joined in the lawsuit by filing an amicus brief. As of this date, the N. C.
Association of County Commissioners has not entered into the lawsuit.
In closing, Mr. White requested the Board to consider filing an amicus brief. He also
commented on the amount of burning since Hurricane Bonnie, and he requested the Commissioners
to consider a burning ban for New Hanover County.
Vice-Chairman Greer, now President of the N. C. Association of County Commissioners,
advised that the Association voted two years ago to require a vote of the people for annexation.
When the N. C. League of Municipalities was approached about this issue, they refused to discuss
the matter. However, the Association has a scheduled meeting this week with the League to discuss
annexation issues. He informed the Board that he would report on any action taken at this meeting.
County Attorney Copley reported after discussion with Attorney Gary Shipman and reviewing
the brief prepared by him, she felt the issues of concern were well stated. The affidavit filed by the
County asking the Court to rehear the petition will carry more weight. The affidavit clearly stated
this was a matter of public interest and of great importance to the citizens of New Hanover County
and the State of North Carolina.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 800
After further discussion, the County Attorney was requested to see if an amicus brief had been
filed by the League of Municipalities.
Chairman Caster, on behalf of the Board, expressed appreciation to Mr. White for presenting
the status report on annexation. He informed Mr. White that a burning ban would have to be
reviewed at a later date.
APPROVAL OF CONSENT AGENDA
Chairman Caster announced that Commissioner Davis has requested removal of Consent
Agenda Item 4 for discussion of exchanging County owned property on Military Cut-Off Road in the
regular meeting.
Deputy County Manager, Andrew J. Atkinson, requested removal of Consent Agenda Item
11 so a resolution regarding the downsizing of the mainframe computer could be adopted during the
regular meeting.
Commissioner Howell requested removal of Consent Agenda Item 5 for further discussion.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove
Consent Agenda Items 4, 5, and 11 and to approve the remaining items on the Consent Agenda as
presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Absent:Commissioner Davis
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Work Session held on November 5, 1998
as presented by the Clerk to the Board.
Approval of Revised and Updated By-Laws for the Local Emergency Planning Committee
(L.E.P.C.)
The Commissioners approved the revised and updated by-laws for the Local Emergency
Planning Committee as required by the Federal Superfund Amendments and Re-authorization Act.
The Local Emergency Planning Committee will address storage, transportation and response to
hazardous chemical events.
A copy of the revised by-laws is on file in the Emergency Management Department.
Authorization for Purchase of Computer System for the Animal Control Services Division and
Approval of Budget Amendment #99-0053 - Health Department
The Commissioners authorized the purchase of the DVM Computer System at a cost of
$41,215 for the Animal Control Services Division of the Health Department as recommended by the
Board of Health. The current computer system is not adequate to meet the needs of the division and
the new system will improve the level of services. The following budget amendment was approved:
#99-0053 - Commissioners’ Office/Health/Animal Control
DebitCredit
Commissioners’ Office
Appropriated Fund Balance $41,215
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 801
(Budget Amendment #99-0053 continued)DebitCredit
Health/Animal Control
Contracted Services$11,200
Departmental Supplies 1,195
Capital Outlay - Equipment 28,820
Purpose:
To appropriate fund balance to purchase a new computer system for the Animal Control
Services Division.
Acceptance of Tax Collection Reports Through October 31, 1998
The Commissioners accepted the following Tax Collection Reports through October 31,
1998, as submitted by the Collector of Revenue, Patricia J. Raynor:
New Hanover County
New Hanover County Fire District
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXIV, Page 34.
Release of Values
The Commissioners released the following late listing penalties as this was the taxpayer’s first
offense:
Medical Center Pharmacy$384.46
Marguerite Odell 6.77
The Commissioners granted the following taxpayers Senior Citizen Disability Exclusions. The
applications and letters explaining the late filing are available in the Tax Department upon request.
Olive B. Moore, Etal.$ 6,634
James Thomas Ratliff 14,119
Authorization for the Department of Environmental Management to File a Clean Water
Management Trust Fund Grant Application
The Commissioners authorized the Department of Environmental Management to file a Clean
Water Management Trust Fund grant application in the amount of $785,000 for construction of two
acre constructed wetland cells for the treatment of landfill leachate. If the grant is approved, the
County Manager is authorized to accept the grant and sign the necessary agreements.
The Commissioners also approved the associated budget amendment, if the grant is awarded.
The County will be required to pay a match in the amount of $243,500, which will be appropriated
from the Environmental Management Fund Balance.
Appointments to the Cape Fear Council of Governments Region O Aging Advisory Council
The Commissioners approved the appointment of the following persons to serve on the
Region O Aging Advisory Council as recommended by the Cape Fear Council of Governments:
Katherine Moore
Linwood Nesbitt
Leigh Ann Kingsbury
Approval of Budget Amendment 99-0051- Human Service Transportation/Child Health
The Commissioners approved the following Budget Amendment:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 802
#99-0051 - Human Service Transportation/Child Health
DebitCredit
Human Services Transportation
Department of Transportation 18-Adm. State $11,829
Capital Outlay $11,829
Child Health
Partnership for Children Grant $ 1,962
Supplies $ 1,962
Purpose:
To rollover unexpended grant funds from FY 1997-98 to FY 1998-99.
CONSENT AGENDA 5, DISCUSSION AND APPROVAL OF CHANGES IN THE
ENVIRONMENTAL HEALTH DIVISION FEE SCHEDULE - NEW HANOVER COUNTY
HEALTH DEPARTMENT
Commissioner Howell expressed concern for the increased fee schedule which impacts people
when they experience septic tank failure or have to obtain a well permit. He requested Health
Director, David Rice, to comment on the proposed fee increases.
Health Director Rice explained that several meetings were held for study and review of the
proposed fee schedule by the Environmental Health Committee of the Board of Health, the Executive
Committee of the Board of Health, and the Board of Health. The major concern involved user fees
versus tax dollars in supporting the programs administered by the Environmental Health Division.
After an extensive review of the expenses incurred by staff when providing services, it was felt the
fee schedule should be increased. The amended fee schedule was adopted by the Board of Health on
November 4, 1998.
Commissioner Birzenieks asked what formula was used to increase the fees.
Health Director Rice explained that the formula was based on the cost of the service. A
review was made of the direct or indirect cost to provide a service, such as the number of hours
involved in visiting a site for a septic system. It was felt that user fees should cover these types
expenses.
Commissioner Birzenieks requested an explanation of the criteria used to increase the fee
involving reissuing or revising the construction authorization from $109.63 to $140.00.
Health Director Rice responded the fee was increased to cover the cost to staff.
Commissioner Howell requested an explanation of the construction authorization fee.
Ms. Diane Harvell, Director of the Environmental Health Division, reported the construction
authorization fee is a new tier added to the wastewater permit process for septic tanks. An
improvement permit is issued, which in many cases does not expire. The construction authorization
will expire in five years. If the term has expired and the office receives a request to reactivate the
authorization, the site has to be visited again to be sure that surrounding conditions have not changed.
Commissioner Howell asked what the cost of a septic tank permit will be under the revised
fee schedule.
Ms. Harvell advised the lot evaluation is $281 and the septic system permit is usually $280
for a small conventional system. When the construction authorization expires, the $140 is charged
at that time to be sure the surrounding conditions have not changed.
Vice-Chairman Greer requested an explanation of the land record review fee.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 803
Ms. Harvell responded that a situation can occur where an engineering firm or the N. C.
Department of Transportation will need to review a file in the office. Staff secures the information
at no charge. However, this is a time consuming process that requires hours of review by staff. It
was felt that a fee should be charged to help incur the cost of providing this service.
Commissioner Birzenieks again reiterated that he could not understand the formula used to
derive at increased fees, such as the seafood market permit which reflects an actual cost of $320 with
only $100 being charged. He requested an explanation.
Ms. Harvell replied that the number of seafood permits issued was minimal; therefore, since
no fee had been charged in the past, it was felt that a small fee should be charged to recapture some
of the costs involved with the permitting process.
Chairman Caster advised that he felt in cases where fees had not been charged, it was better
to begin with a smaller fee.
Motion:
Commissioner Howell MOVED, SECONDED by Chairman Caster to approve the fee
schedule as recommended and approved by the Board of Health. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Howell
Vice-Chairman Greer
Chairman Greer
Voting Nay:Commissioner Birzenieks
Absent:Commissioner Davis
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
Deputy County Manager, Andrew J. Atkinson, requested the following employees to step
forward to receive service awards:
William E. Owen, Sheriff’s Department5 years
Cheryl Y. McClammy, Social Services5 years
Renee M. Peglow, Information Technology 10 years
Marlene O. Dancy, Social Services 10 years
Chairman Caster, on behalf of the Board, presented service awards to each employee, and he
expressed appreciation to them for their years of dedicated service to New Hanover County.
A round of applause was given to the employees.
RECOGNITION OF NEW EMPLOYEES
Deputy County Manager Atkinson requested the following new employees to stand to be
recognized:
Margaret BryantDepartment of Aging
Gordon WilliamsDepartment of Aging
Rosalyn BauerleinHealth Department
Sheila IrreraHealth Department
Susan DiamondHealth Department
Barbara CoderoHealth Department
Marsha WilliamsHealth Department
Richard GalloInformation Technology
Cami MarleyInspections Department
Jennifer AvantRegister of Deeds
John ColbySheriff’s Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 804
Christine SweetDepartment of Social Services
Vance CotierDepartment of Social Services
Daniel LentzDepartment of Social Services
Sheila MartinDepartment of Social Services
Gail WalkerDepartment of Social Services
Ella LeathamDepartment of Social Services
Wendy MorrisonDepartment of Social Services
Sharon OakesTax Department
Chairman Caster, on behalf of the Board, welcomed the new employees to County
government.
CONSENT AGENDA ITEM 11, ADOPTION OF RESOLUTION AWARDING
SUPPLEMENT CONTRACT #93-0123 TO THE IBM CORPORATION FOR THE
DOWNSIZING OF THE MAINFRAME COMPUTER IN THE INFORMATION
TECHNOLOGY DEPARTMENT AND APPROVAL OF ASSOCIATED BUDGET
AMENDMENT #99-0054
Deputy County Manager Atkinson announced that New Hanover County has an opportunity
to downsize the mainframe computer system at a saving of $400,000 during the next five years. He
requested the Director of Information Technology, Bill Clontz, to comment on this item.
Director Clontz reported during the mid-90's the Information Technology Department began
implementing a strategy to de-emphasize the mainframe system by off-loading from this system to
other local systems throughout County agencies. This has provided the County with an opportunity
to downsize the mainframe system for a smaller system. IBM has offered a small system with newer
technology that will greatly benefit the County and at the same time save over $400,000 during the
next five years. He requested the Board to adopt the resolution awarding the supplement contract
to IBM and authorize the County Manager to execute the necessary documents.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to award
supplement contract #93-0123 to IBM based upon the sole source provision pursuant to NCGS 143-
129(f) in the amount of $358,978 for downsizing the mainframe computer for the Information
Technology Department; authorize the County Manager to execute the necessary contract
documents; and approve the associated budget amendment as listed below. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Absent:Commissioner Davis
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXIV, Page 34.
Budget Amendment #99-0054 - Information Technology
DebitCredit
Installment Proceeds $100,859
Capital Outlay $86,600
Contracted Services 14,259
Purpose:
To record one-time license fee and prepaid maintenance, installment, and purchase with
IBM for accounting purposes. When the exact amount of installment debt is calculated, the funds
will be transferred from the Information Technology Department budget to the debt service function.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 805
PRESENTATION BY NEW HANOVER COUNTY ARBORETUM FOUNDATION
Ms. Shirley Hardee, President of the New Hanover County Arboretum Foundation Board,
informed the Board that the final payment had been made on the Hutaff Visitors Center.
Appreciation was expressed to the Hutaff family, the McEachern family, the Master Gardeners, the
Arboretum Association and many other people who made this project become a reality. The
Commissioners were invited to visit the Arboretum to see the progress that has been made.
Ms. Hardee expressed appreciation to the Board of County Commissioners for support of the
project and she stated the Arboretum Foundation Board was looking forward to working with the
County in the development of Airlie Gardens.
Chairman Caster, on behalf of the Board, congratulated the Arboretum Foundation Board for
the hard work and effort given to construct the Hutaff Visitors Center. He expressed appreciation
for the offer by the Foundation Board to work with the County in developing Airlie Gardens.
ARRIVAL OF COMMISSIONER TED DAVIS, JR.
Commissioner Davis arrived at 9:50 a.m.
PRESENTATION OF FALCON CABLE REPORT BY MR. MICHAEL D. SINGPIEL
County Attorney Copley reported that two months ago, Falcon Cable appeared before the
Board and the company was given 60 days to provide a written report on the correction of
deficiencies and present a plan for improving the quality of service being provided to the citizens of
New Hanover County. She requested Mr. Michael D. Singpiel, Divisional Vice-President of Falcon
Cable, to comment on the report.
Mr. Singpiel stated that on Saturday, November 21, 1998, the County Commissioners were
delivered the written report prepared by Biro Engineering. He reported on November 16 and
November 17, 1998, Biro Engineering, assisted by the engineering staff of Falcon Cable Media,
conducted an intensive system performance testing of the cable plant serving the unincorporated areas
of New Hanover County. The test results were significantly different than those submitted in the
Action Audits Report dated September 3, 1998.
Mr. Singpiel advised that Biro Engineering was willing to make a presentation on the findings
of the report to the Board of County Commissioners at another meeting. This will allow time for the
Commissioners to thoroughly review the report.
Mr. Singpiel informed the Board that Falcon Cable has begun the process of upgrading the
cable system serving the unincorporated county. The technique being used is a fiber to node upgrade.
Each node will serve approximately 500 homes, and once a node is installed the new system can be
turned on to 500 homes with a quality picture. Aspen International is the firm that has been hired to
design the system. The design phase should be completed by February, 1999 and the overall
improvements should be completed by the end of 1999. Falcon Cable feels the fiber to node upgrade
is the answer to providing a quality cable service to customers in New Hanover County.
In closing, Mr. Singpiel requested the Board to allow Falcon Cable to appear before the
Board in January to provide a status report on the progress of the improvements.
Chairman Caster expressed concern for the report being received on Saturday which, in his
opinion, was not ample time for the Commissioners to review a highly technical document. The key
issue is how the citizens perceive the service. They are not interested in the technical points of a
report, but they are interested in receiving a quality cable service. Complaints are constantly being
received. Last night e-mail was received about poor service, and a County employee informed him
this morning that over the weekend the service was unacceptable. He expressed concern for not
being able to help the citizens with improving the quality of service.
Mr. Singpiel offered to deal with the complaints received and report back to the Board once
the problems have been identified and resolved.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 806
Commissioner Birzenieks asked Mr. Singpiel if the cable service had improved within the last
60 days, and if so what improvements have been made.
Mr. Singpiel responded that Falcon Cable was operating satisfactorily based upon the report.
There are questions raised as to the actual condition of the system when Action Audits presented its
report to the Board of County Commissioners. He recommended scheduling a meeting between Biro
Engineering and Action Audits to discuss the merits of the cable system. Tests are performed semi-
annually, and in January the system was operating in an acceptable manner.
Vice-Chairman Greer asked if any improvements had been made in the last 60 days to upgrade
the system.
Mr. Singpiel advised that no physical improvements have been made to the system; however,
once the engineering firm completes the design, the fiber to node upgrade will be made. The first
fiber node upgrade will be completed by February or March, 1999. Twenty-seven fiber nodes will
be constructed by the end of 1999 at a cost of $2,500,000.
Chairman Caster asked Mr. Singpiel if there was a signed contract with Aspen International
to design the system, and if so, would the company furnish the Board with a copy of the contract.
Mr. Singpiel stated a contract was in place and he would be glad to provide a copy to the
Board of County Commissioners. He advised that the actual construction of the nodes would be
contracted out to a construction company.
Vice-Chairman Greer read the following letter received from Mr. Howard Loving, Director
of the Chamber of Commerce Local Governmental Affairs Committee:
1.“The Local Governmental Affairs Committee produced the televised Candidate
Forum for the Board of Education. This year the forum was shown on Channels 3,
6, and 11 prior to the November 3, 1998, election.
2.This is the fourth televised forum that I have coordinated, and I have never had
satisfactory assistance from Falcon Cable. On September 16, 1998, I contacted Patti
and requested her assistance in broadcasting the forum. She gave me the dates of
October 26 through November 2, 1998. The one hour program was to be broadcast
each night at 8:00 p.m. I confirmed these times with her on October 15, 1998. Press
releases and the Chamber Newsletter included the time and dates.
3.I am really not sure when the program was broadcast. I do know that on October 28,
29, and 30, the program ran from 9-10 p.m. with no sound. Chamber members called
about this problem. When I notified Patti, she had no idea there were any difficulties.
4.I think I have given up. I have no control over what Falcon Cable does after they
provide the schedule. It is detrimental to the Governmental Affairs Program to
advertise a service with no carry through by the company.
All of this is provided for your information.”
Vice-Chairman Greer asked Mr. Singpiel if he could comment on this issue.
Mr. Singpiel said that he could not explain why this problem occurred.
Mr. Robert Sepe, the County’s Consultant, reported that the fiber to node upgrades will
substantially improve the quality and level of the signal delivered to the customers. After reviewing
the Biro Engineering report, the Falcon Cable System is in compliance. It is a matter of keeping it
functioning at the optimum level, which requires committed resources. The other issue is customer
service, which needs to be addressed in the near future. The most appropriate step for Falcon Cable
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 807
is to perform the node upgrades. This will reduce the number of amplifiers, improve the signal
quality, eliminate a substantial number of outages, and increase the number of channels.
Chairman Caster asked Mr. Sepe if the December, 1999 time frame at a cost of $2,500,000
was reasonable.
Mr. Sepe stated the figures listed and time for construction were reasonable. Also, the
County will be able to determine if the nodes are satisfactorily working when they are turned on
because the number of complaints should be substantially reduced. At this point, Falcon Cable is
taking the appropriate steps.
Mr. Tom Benoit, a county resident, reported that he had a satellite dish because this was the
only way to receive quality television. His neighbors are Falcon Cable customers and experience
problems daily. The major problem with a dish is that no local stations are on the satellite
programming. This is a tremendous disadvantage in keeping up with what is happening in local
government and the community. He urged the Board to require Falcon Cable to provide a decent
service.
Mr. Frank Montgomery, a resident of 281 Hickory Knoll, reported that he had been a
customer of Falcon Cable for the past two and one-half years. During this time, no improvements
in the quality of service have been made by Falcon Cable. Numerous call have been made to Falcon
Cable and discussions have been held with staff in the County Attorney’s office. As of this date, no
responses have been received. It is discouraging to pay more for this poor quality of service than the
fee charged by Time Warner. It is time for the Board of County Commissioners to take some form
of action.
Commissioner Howell asked Mr. Montgomery if he had any suggestions as to how this
problem could be corrected.
Mr. Montgomery suggested trying to obtain the services of Time Warner in this area of the
county.
Chairman Caster stressed the importance of the Falcon Cable customers understanding that
if the County decides to terminate the franchise, there could be a legal battle for two or three years.
During this time, the customers would not have a cable service.
Commissioner Birzenieks stated that Falcon Cable has promised for years to spend the
necessary money to upgrade the system, and nothing has been done. The entire issue has become a
credibility problem. He asked how much longer will New Hanover County allow this poor quality
of service to continue.
Ms. Frances Coleman, 209 Hickory Knoll Road, reported that she had written Falcon Cable
numerous times with no satisfactory response. The service continues to get worse with a substantial
fee charged monthly. Falcon Cable is collecting for an inferior quality of service. The service would
not be used if local channels were received on a dish satellite program. She urged the Board to take
a firm stand on this issue.
Mr. Joe Salem, a resident of Wilmington Beach, stated the residents in this area have no
problems with Falcon Cable. For example, he accidentally cut a cable line on a Sunday afternoon and
within less than one hour after contacting Falcon Cable, the line was repaired. He, also, informed the
Board that when he lived in Charlotte, numerous problems were experienced with the Time Warner
service.
Mr. Robert W. Martenis, 9004 St. Stephens Drive, reported after moving around the county
in fifteen different locations, the service provided by Falcon Cable was the worst he had ever used.
The Board of County Commissioners should require Falcon Cable to develop a plan showing each
improvement, with the County holding the company responsible for completing each step with a
status report every two or three months. Also, an advisory committee comprised of Falcon Cable
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 808
customers should be established to keep the Board informed about the improvements. The service
continues to get worse, and it is imperative for the Commissioners to take the necessary action to
correct this poor quality of service.
Mr. Singpiel agreed with the suggestions made by Mr. Martenis. He stated everyone
understands that action is needed, not just words. To present a status report every 30 to 60 days will
keep everyone better informed, and the establishment of an advisory committee will serve as a
communication tool between the customers, Falcon Cable, and the Board of County Commissioners.
Commissioner Howell asked if the bottom line was that by February or March, 1999, 500
customers will receive a quality signal with the fiber to node upgrade; however, a majority of Falcon’s
customers will have to wait for the nodes to be installed by the end of 1999.
Mr. Singpiel advised that 27 nodes will be built within a 12-month period, which will activate
quality service to geographical areas during the 1999 time frame.
Commissioner Davis requested Mr. Sepe to explain the legal process that will be required if
the Board decides to terminate the franchise.
Mr. Sepe responded that a “termination for cause” would have to be established, which
requires the cable company to be out of compliance and demonstrate non-compliant behavior. This
is a long process because the County has to provide time for the cable company to correct the
deficiencies before entering into a revocation procedure. This procedure has not been filed because
the technical report does not indicate that Falcon Cable is out of compliance. The report shows that
the system is in compliance with FCC specifications. Another assessment will have to be performed
at a later date to determine if the system is still in compliance.
Chairman Caster requested Mr. Sepe to explain the term, “compliance with FCC
specifications.”
Mr. Sepe explained there are two aspects to compliance specifications: (1) quality of the
signal; and (2) customer service standards. When a customer contacts the cable company, the call
must be answered by a live person within 30 seconds, which includes hold time. This 30 second
response has to be performed 90% of the time throughout the year with submission of telephone
statistics to prove this requirement has been met. The next step will be for the County to perform a
customer service satisfaction survey to determine the quality of service as perceived by the customers.
After the survey is performed and it indicates that Falcon Cable has been out of compliance to FCC
customer standards, the County will have to provide ample time for Falcon Cable to cure the
problem. All of the information collected can be used by the County when deciding if the franchise
should be renewed when it expires in 2001. There is no quick way to resolve the problem. Non-
renewal of the franchise would probably be the best route to follow because this action is based on
needs. If the County is able to demonstrate that Falcon Cable has not been able to meet the customer
needs, this would be a basis for non-renewal. Under FCC regulations, the renewal period is a three-
year process in which the County enters into negotiations to determine if community needs and
customer satisfaction have been met.
Commissioner Davis suggested proceeding with the termination of the franchise since the
process will require at least three years to resolve.
Mr. Sepe responded that New Hanover County could proceed with the termination; however,
the customers do not care who provides the service as long as the picture quality is good.
County Attorney Copley requested the Board to consider authorizing Mr. Sepe to proceed
with the customer service satisfaction survey since this information will be needed to proceed with
terminating or renewing the franchise.
Chairman Caster requested direction from the Board, and he asked if any Commissioner
would like to make any additional comments.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 809
Commissioner Howell asked Mr. Singpiel how he would respond to the complaint received
from the Chamber of Commerce.
Mr. Singpiel responded that he would have to check into the situation with the Chamber of
Commerce; however, Falcon Cable has available channel space for public education and governmental
use. He advised this channel space was not being used to its capacity.
New Hanover County Public Information Officer, Mark Boyer, reported in May, 1998 the
Judges produced a series of videos, entitled, “You and the Law”. The videos were given to Falcon
Cable in May and the first program was not broadcast until November 22, 1998. This is not
satisfactory service. Unless the service improves, the Falcon Cable governmental access channel will
not be fully utilized.
County Attorney Copley informed the Board that FCC regulations require all cable companies
to provide a public education and governmental service.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to authorize the
County Attorney to proceed with the termination of the franchise with Falcon Cable.
County Attorney Copley requested the Board to include the performance of a customer
service satisfaction survey by Mr. Sepe.
Discussion followed on when Falcon Cable would be required to perform another engineering
report. Mr. Sepe advised that Falcon Cable would have to retest the system every six months to
demonstrate compliance; however, spot checks of one or two test points could be performed by
Action Audits in March to determine if Falcon Cable is in compliance. Mr. Sepe stated that Falcon
Cable has the ability to provide a quality service; however, it has become a matter of due diligence.
Commissioner Birzenieks stated that New Hanover County has received only words with no
action for a number of years. He strongly objected to citizens continuing to pay for a poor quality
of service.
Mr. Sepe agreed with the statement by Commissioner Birzenieks, and he stated that
unfortunately New Hanover County has not developed the necessary records to proceed with
termination of the franchise.
County Attorney Copley reported the necessary records are in the process of being developed
by engaging the services to Mr. Sepe. A staff member in the Legal Department has been designated
to record every complaint received and the corrections made by Falcon Cable.
Chairman Caster asked Mr. Robert Martenis, Mr. Frank Montgomery, and Ms. Frances
Coleman if they would be willing to serve on the citizens advisory committee. All three persons
agreed to serve.
County Attorney Copley suggested appointing five members to serve on the advisory
committee. She offered the services of Ms. Becky Howell, the staff member designated to receive
and record complaints, to go through the list of callers and select the remaining two persons to serve
on the advisory committee.
Amended Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to
amend the motion to authorize the County Attorney to proceed with terminating the franchise with
Falcon Cable; authorize Mr. Robert Sepe to perform the customer service satisfaction survey; and
establish a citizens monitoring advisory committee comprised of five members with the appointment
of Mr. Robert W. Martenis, Mr. Frank Montgomery, and Ms. Frances Coleman, with the remaining
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 810
two members to be selected from a list of callers in the Legal Department. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
BREAK
Chairman Caster called a break from 10:30 a.m. until 10:45 a.m.
MEETING OF THE WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 10:46 a.m.
Chairman Caster reconvened to Regular Session at 11:11 a.m.
COMMITTEE APPOINTMENTS FOR THE CAPE FEAR RIVER CORRIDOR PLANNING
EFFORT
Planning Director, Dexter Hayes, reported that the Project Oversight Committee was
comprised of five members from the City of Wilmington, five members from New Hanover County,
eight members from Brunswick County, one member from Pender County and one member from the
N. C. Division of Coastal Management. He advised that Brunswick County has requested increasing
the number of members from eight to ten members.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to increase the
Brunswick County representation from eight members to ten members.
Chairman Caster requested an explanation on the purpose of the Project Oversight
Committee.
Planning Director Hayes responded that the purpose of the Committee was to assist in the
implementation of the Cape Fear River Corridor Plan. The Committee evaluates programs on goals
and objectives outlined in the plan.
MOTION CARRIED UNANIMOUSLY.
Upon vote, the
Planning Director Hayes asked if the Board would like to consider appointing other persons
to serve on the Committee in lieu of staff members from the Planning Department. He stated that
currently, three of the five members are from the Planning Department.
Chairman Caster asked if the positions should be advertised.
Planning Director Hayes requested the Board to review the list included in the agenda packet
and select three persons at a later date.
COMMITTEE APPOINTMENTS
Appointment of Dennis Connor, Jr. and Patricia A. McMahon to Serve on the Human Services
Allocation Advisory Committee
Chairman Caster announced that three positions were vacant on the Human Services
Allocation Advisory Committee. He advised that two applications had been received in the names
of Dennis Connor, Jr. and Patricia A. McMahon.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to appoint
Dennis Connor, Jr. and Patricia A. McMahon to serve three-year terms on the Human Services
Allocation Advisory Committee. The terms will expire June 30, 2001. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
The Clerk to the Board was requested to advertise to recruit applicants to fill the remaining
vacancy.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 811
Reappointment of William T. Childs and Nelson A. Robinson to Serve on the Human Services
Transportation Advisory Board
Chairman Caster announced that two positions were vacant on the Human Services
Transportation Advisory Board in the category of the over age 60 population and the
handicapped/disabled population. Two applications have been received in the names of William T.
Childs and Nelson A. Robinson who currently serve on the Board and want to be reappointed.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reappoint
William T. Childs as the over age 60 representative and reappoint Nelson A. Robinson as the
handicapped\disabled representative to serve three-year terms on the Human Services Transportation
Advisory Board. The terms will expire November 30, 2001. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Appointment of Michelle J. Leonard to Serve on the Library Advisory Board
Chairman Caster announced that one position was vacant on the Library Advisory Board.
He advised that five applications had been received, and he opened the floor to receive nominations.
Commissioner Birzenieks nominated Michelle J. Leonard. The nomination was seconded by
Vice-Chairman Greer.
There being no further nominations, Chairman Caster declared the nominations closed.
Vote
: Upon vote, the Board unanimously appointed Michelle J. Leonard to serve a three-year term
on the Library Advisory Board. The term will expire August 31, 2001.
Reappointment of Charles Clayton Walker, Jr. to Serve on the Plumbing Board of Examiners
Chairman Caster announced that one position was vacant on the Plumbing Board of
Examiners under the Master Plumber category. He advised that one application has been received
in the name of Charles Clayton Walker, Jr., who is eligible to be reappointed.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to reappoint
Charles Clayton Walker, Jr. to serve as the Master Plumber representative on the Plumbing Board
of Examiners for a three-year term. The term will expire December 1, 2001. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Reappointment of Jeffrey R. Bellows, Fred Floyd, and James Webb to Serve on the Zoning
Board of Adjustment
Chairman Caster announced that three positions were vacant on the Zoning Board of
Adjustment. Five applications have been received and three of the applicants, Jeffrey R. Bellows,
Fred Floyd, and James Webb, an alternate, are eligible to be reappointed.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reappoint
Jeffrey Bellows, Fred Floyd, and James Webb (as an alternate) to serve three-year terms on the
Zoning Board of Adjustment. The terms will expired December 1, 2001. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Existing Drainage Problems
Commissioner Howell commented on the number of persons that have appeared before the
Board about severe flooding and drainage problems in the past three months, and he requested the
Board to consider directing staff to review existing problems and present recommendations on how
to address these issues. He stressed the importance of informing the public about how the County
plans to approach severe drainage problems. He asked the Board to think about this request and
discuss the recommendation at a later date.
Discussion and Approval of Consent Agenda Item 4, Exchange of County Owned Property on
Military Cut-Off Road
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 812
Commissioner Davis informed the Board about his concern regarding unjust and unfair
criticism of the Board of County Commissioners on recent issues, such as the editorial written in the
Star News about the exchange of property on Military Cut-Off Road between New Hanover County
and Mr. Raiford G. Trask, Jr. He advised that in this case, the individual who was so critical of the
property exchange did not come to the meeting so this matter could be discussed before the public.
Commissioner Davis stated this was the purpose of removing this item from the Consent Agenda so
it could be openly discussed.
Chairman Caster agreed with Commissioner Davis and he stressed the importance of any
concerned citizen appearing before the Board or writing a letter to the Board about an issue of
concern. He noted that in many cases, misinformation is spread among the community which could
be avoided if an opportunity had been given to the Board to respond.
Commissioner Howell stated, for the record, he voted for the rezonings on Military Cut-Off
Road because he felt the office and institution district was the most appropriate use for the property.
Commissioner Birzenieks stated, for the record, he would like a clear statement on the
advantages of the property exchange to New Hanover County and its citizens.
Commissioner Davis reported that the lot owned by the County presently sits at an angle, and
the property exchange is needed to square off the lot which will make the property more marketable.
When the Board of County Commissioners decided to purchase the Hannaford Building at the
Landfall Shopping Center to be used as the Northeast Branch Library, the purchase was contingent
upon the private sector raising $1,000,000 and the County owned property on Military Cut-Off Road
being sold for $500,000 if the zoning could be changed from R-15 Residential. The zoning has been
changed from R-15 Residential to Office and Institution (O-I) and no concerned citizens appeared
before the Board to object to the rezoning.
Commissioner Davis advised that Mr. Trask offered the County two acres of property in
return for the County giving him two acres of equal value so the lots would be rectangular. This will
allow the County to sell the property at a higher price.
County Attorney Copley stated the exchange of the property will provide more road frontage
to New Hanover County. If the exchange is approved by the Board, the property can be reappraised
and sold for more money.
Commissioner Birzenieks asked if Mr. Trask would gain from the exchange of property.
County Attorney Copley advised that Mr. Trask would receive a small benefit from realigning
the property, but New Hanover County would gain additional property through more road frontage
and have a rectangular lot which will be more marketable and bring more money when the property
is sold.
Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve the
exchange of County owned property on Military Cut-Off Road with Mr. Raiford G. Trask, Jr.
Deputy County Manager Atkinson requested the Board to authorize staff to begin the
appraisal process so the property can be placed on the market.
Amended Motion:
Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to
amend the motion to approve the exchange of County owned property with Mr. Raiford G. Trask,
Jr., authorize staff to begin the appraisal process, and market the property. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 813
Approval of New Hanover County Becoming a Member of the N. C. Shore and Beach
Preservation Association
Chairman Caster requested the Board to approve New Hanover County becoming a member
of the N. C. Shore and Beach Preservation Association at a cost of $1,000 annually. He stated since
he was Chairman of the Association it would nice for the County to become a member.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve New
Hanover County becoming a member of the N. C. Shore and Beach Preservation Association at an
annual fee of $1,000.
Discussion of Legion Stadium
Chairman Caster reported at the Legion Stadium Committee meeting, it was agreed for the
Board of County Commissioners and City Council to be approached about the transfer of Legion
Stadium to the County or the purchase of the stadium by the County. While watching the video of
the City Council meeting where this issue was discussed, it appears there was some reluctance by
the Councilmembers to take any action on the status of Legion Stadium. Action was deferred by the
City Council until a Work Session could be held after the first of the new year. Chairman Caster
advised that he and Commissioner Howell will be invited to attend the meeting.
Assistant County Manager, Dave Weaver, said the motion by the Legion Stadium Committee
was for the County to consider purchasing or taking over Legion Stadium.
Commissioner Howell stated that he felt it would be more equitable to City residents for the
County to purchase Legion Stadium and operate the facility.
Chairman Caster requested direction from the Board. He asked if the County is requested
to purchase Legion Stadium, would the Board still be interested.
Vice-Chairman Greer stated since the schools use Legion Stadium and the County gave the
stadium to the City, it would be appropriate for the City to give the stadium back to the County. He
advised that he would be opposed to purchasing Legion Stadium at a cost of $1,000,000 with another
$4,000,000 to $5,000,000 needed to upgrade the facility.
Chairman Caster advised that the City’s motion was to recoup the capital costs placed in
Legion Stadium for the past five years at a cost of $900,000 plus other stipulations. He stated he
would call the Mayor and inform him that New Hanover County is interested in moving forward with
addressing this issue.
Commissioner Howell stressed the importance of providing a home field stadium to New
Hanover High School. He stated if the City Council is not interested in pursuing this matter, then
nothing will happen.
Ratification of Water and Sewer Ordinances Adopted by the Water and Sewer District
County Attorney Copley requested the Board to ratify the approval of the Water and Sewer
District Ordinances approved by the District Board regarding the rate increase in water and sewer
connection fees.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the
Water and Sewer Ordinances amending Chapter 15, Water Supply System, Article II, Wastewater
Collection and Treatment, of the New Hanover County Code to increase water and sewer connection
fees. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the ordinances are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXIV, Page 34.
The ordinances will be codified into the New Hanover County Code.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26
REGULAR MEETING, NOVEMBER 23, 1998 PAGE 814
Discussion of the Ronald Shackelford v. City of Wilmington Annexation Phase I Lawsuit
County Attorney Copley commented on the remarks made by Mr. White at the beginning of
the meeting, and she stated that New Hanover County cannot join in the lawsuit on annexation. The
County can, if directed by the Board, file an amicus brief if the petition for the rehearing is
rescheduled. A decision should be rendered by the court in December.
Vice-Chairman Greer requested County Attorney Copley to see if the League had filed an
amicus brief.
County Attorney Copley advised that she would be glad to check into this matter. If the
League has filed a brief, it would be beneficial for the N. C. Association of County Commissioners
to file a brief. If the petition to rehear the case is granted, the Board will be informed on the
conditions needed for New Hanover County to file a brief.
Status Report on the Dobo Water Systems
County Attorney Copley advised that Attorney Ken Shanklin was working with N. C. Utilities
Commission. At this point, he does not know if a Public Hearing will be required. She informed the
Board that she would keep the Commissioners informed about any action taken by the Utilities
Commission.
ADJOURNMENT
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:59 a.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board