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HomeMy WebLinkAbout1992-10-19 Regular Meeting . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 176 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 19, 1992, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Wayne Barkley, Pastor of the New Life Church, gave the invocation. Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Mathews inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No comments or items were received. APPROVAL OF CONSENT AGENDA Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve the Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of October 5, 1992, as presented by the Clerk to the Board. Approval of Contract with McGladrey & Pullen for Audit Services The Commissioners approved the contract with MCGladrey & Pullen for audit services for the years ending June 30, 1993, through June 30, 1996. The fee is to be negotiated annually. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Contract #93-0155 with First Baptist Church and the New Hanover County Department of Aging for Use of Facility as a Nutrition site . The Commissioners approved a contract with First Baptist Church, 520 South Fifth Street, to rent space Monday through Friday, from 9:30 A.M. until 1:30 P.M. to serve as a nutrition site for the elderly. The monthly rental will be $100 which includes use of the space Monday through Friday and janitorial services on Monday, Wednesday and Friday of each week during the contract period. The effective date of the contract will be retroactive to August 1, 1992, and continue through June 30, 1993. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Amendments to the New Hanover County Personnel Policy The Commissioners approved the following amendments to the County Personnel Policy: 1) 2) Article III Article IV The Pay Plan Recruitment and Employment j / I I I i f \ I l MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PA,GE,: 177 3) Article V Separation and Reinstatement; Interim Suspension; Disciplinary Action 4) The Americans with Disabilities Act Copies of the amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 12. Adoption of Resolution to Support Legislation To Effectively Prohibit the Sale of Tobacco Products to Persons Under 18 Years of Age The Commissioners adopted a resolution requesting the North Carolina General Assembly to provide legislation to effectively prohibit the sale of tobacco products to persons under 18 years of age. The Chairman was authorized to write a letter to the N. C. Association of County Commissioners requesting support of this action. () A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 12. Approval of Contract #93-0143 with Medical Transportation specialists, Inc. for Ambulance Service The Commissioners approved a contract with Medical Transportation Specialists, Inc. for the provision of scheduled non-emergency ambulance service (category II) within New Hanover County, and non-emergency (Category II) and emergency (Category I) ambulance service originating within New Hanover County with an out-of-county destination. The annual contract for ambulance service represents the terms of the agreement and New Hanover County's fiscal year contribution of $40,000. The Term Agreement is extended through June 30, 1994, in order for subsequent contract renewals to coincide with the County's fiscal year. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. () " - Approval of Contract #93-0151 with Industrial & Environmental Analysts, Inc. for Landfill Groundwater Monitoring The State and Federal governments require performance of groundwater monitoring at landfills semi-annually. Industrial and Environmental Analysts (lEA) has been providing this service at the County Landfill for the past several years and is the same firm that was chosen to provide sampling and analyses during the Flemington Landfill groundwater investigation. After review, staff found that lEA's prices are very competitive and that the assurance/quality compliance program is exceptional. To lock in prices to provide for continued uninterrupted sampling, staff has requested approval of a three year contract to continue sampling and analyses service. The contract price is $11,455 per event and is budgeted each fiscal year. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Release of Value - Tax Department The Commissioners approved release of values as recommended by the Tax Administrator. Copies of the releases are hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 12. () Penalty Upheld for Tax Appeal Submitted by Ms. Jerri S. White The Commissioners upheld the $ . 40 penalty assessed to Ms. Jerri S. White as recommended by the Tax Administrator since the statutes require listing and paying taxes by the property owner whether or not notice is given. A copy of the appeal letter and research pertaining to this appeal are on file in the Tax Office. ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 178 Acceptance of Tax Collection Reports Through September 30, 1992 The Commissioners accepted the following Tax Collection Reports through September 30, 1992, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections . Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 12. Approval of 1993 Schedule of Regular Meetings The Commissioners approved the 1993 Schedule of Regular Meetings with proposed changes for the first meeting in March and the second meeting in July, 1993, as submitted by the Clerk to the Board. Adoption of Resolution Requesting the state to Release New Hanover county's Share of Funds Budgeted to the Cape Fear Council of Governments The Commissioners adopted a resolution requesting the State to release New Hanover County's share of budgeted State funds in the amount of $13,326.51 to the Cape Fear Council of Governments in accordance with the provisions of Chapter 900, House Bill 1340, section 180 of the 1992 Session Laws. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 12. . Approval Two (2) New positions for the Health Qepartment and Approval of Budget Amendment #93-0062 The Commissioners approved the following new positions and Budget Amendment for the Health Department to provide additional personnel to assist with the increased caseload in Child Health Services Coordination and Communicable Diseases sections: Public Health Nurse I - Child Health Services Coordination Clerical Specialist I (1/2 time) - Communicable Diseases 93-0062 Health Department/Child coordination/Epidemiology Health Services Debit Credit Health Department/Child Health Services Coordination Title XIX Fees $23,380 Salary & Wages FICA Retirement Medical Insurance Employee Reimbursement $17,650 $ 1,350 $ 880 $ 1,790 $ 1,710 Health Department/Epidemiology EPI State Grant $ 8,100 . Salary & Wages FICA Retirement Employee Reimbursement $ 6,200 $ 500 $ 300 $ 1,100 Purpose: To budget funds for an additional Public Health Nurse I position in Child Health Services Coordination to be funded by Medicaid reimbursement and to budget funds for an additional Clerical Specialist position (half-time) in Epidemiology to be funded by an additional State grant. No County funds are required. Approval of Budget Amendment #92-0063 - Department of Social services/child Day Care The Commissioners approved the following Budget Amendment: j ( MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 1.79 92-0~63 Social services/Child Day Care Debit Credit social Services/Child Dav Care Office of Day Care Services $157,415 Day Care Services $157,415 Purpose: To budget additional State day care funds to provide additional day care services in New Hanover County. f\ ~ ) Budget Amendment #93-0057 Reported for Entry Into the Record - New Hanover County Library The following Budget Amendment was reported for entry into the record: 93-0057 Library Debit Credit Librarv LSCA Enrichment Grant $13,311 Books & Periodicals $13,311 Purpose: To budget Library Services and Construction Act Enrichment Grant as approved by the Commissioners on September 8, 1992. The grant funds will be used to purchase library books and reference materials for the Myrtle Grove Branch Library. No County matching funds are required. Budget Amendment #93-0056 Reported for Entry Into the Record - Human Services Transportation system The following Budget Amendment was reported for entry into the record: Debit Credit c:) 93-0056 Human Services Transportation system Human Services Transportation System DOT 18-B-2 Van DOT Vans 18-B-2 TDP Match $14,994 $ 4,998 $ 760 Motor Vehicle Purchases $20,752 Purpose: To record receipt of a van from the State for the Human Services Transportation System (for accounting purposes only). Approval of Budget Amendment #93-0055 - Sheriff's Department The Commissioners approved the following Budget Amendment: 93-0055 Sheriff's Department/Controlled Substance Tax Debit Credit Sheriff's Department/Controlled Substance Tax Controlled Substance Tax $7,536 Departmental Supplies $7,536 Purpose: To budget Controlled Substance Tax receipts of August 25, 1992, to Departmental supplies account. The Controlled Substance Tax is a tax on illegal drugs possessed by drug dealers. Of the proceeds received, 75% must be remitted to the local law enforcement agency that conducted the investigation. () RECOGNITION OF NEW EMPLOYEES County Manager O'Neal introduced the following new County employees: I I I l Kari Tebo Melisa Searls Department of Social Services Department of Social Services ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 180 Kay Shackelford Gloria Broughton Reggie Herring Andrea Jordan Christine Mortimer Department of Social Services Department of Social Services Waste-to-Energy Facility Engineering Department 911 Center - Sheriff's Dept. . Chairman Mathews, on behalf of the Board, welcomed the new employees and wished them well in their public service jobs. Emphasis was placed on the importance of treating the general public in a courteous and professional manner at all times. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT FOR MARINA/COMMUNITY BOATING FACILITY REGULATIONS Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, commented on the current regulations and the proposed Text Amendment that was presented to the County Commissioners on September 8, 1992, at which time the item was postponed until October 19, 1992. Persons at the September 8 meeting were allowed to comment on the proposed marina/community boating facility regulations. . The Planning commission first heard the proposed Text Amendment on July 2, 1992. After hearing extensive public comment, the majority of members agreed in principle that Option B might be the best alternative, but decided not to take final action until the August meeting. Public comments focused on providing greater local control over the siting of community boating facilities due to the feeing that State and Federal permitting processes did not adequately consider neighborhood impacts. After further discussion at the August meeting, the Planning Commission voted 3 to 2 to approve Option B. This option would create two distinct classes of community boating facilities: (1) the private residential facility would be permitted by right in specified residential and business districts and (2) the community boating facility would require a Special Use Permit in the same districts. This distinction is necessary to recognize the difference in impacts created by facilities that serve a few lots or residences versus those that serve many more lots or residences. Commissioner Retchin commented on receiving background information and public comments at the September 8, 1992, meeting and recommended approval of the proposed Text Amendment, Option B, if no persons are present to speak in opposition to the request. Chairman Mathews inquired as to whether anyone from the general public would like to speak in opposition to the proposed Text Amendment. No comments were received. Chairman Mathews closed the Public Hearing. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to approve the proposed Text Amendment (Option B) as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. . A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969", is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 12. APPROVAL OF BUDGET AMENDMENT #92-0064 AND FUNDING APPROPRIATION FOR THE DEPARTMENT OF AGING TO PROVIDE TRANSPORTATION SERVICES FOR THE ELDERLY TO NUTRITION SITES Department of Aging Director, Annette Crumpton, reported on a request by the Commissioners at the meeting of September 8, 1992, for the amount of additional funds required to provide transportation services for elderly persons to the nutrition sites j ( l MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE. 181 five days a week. After review by staff, the Department of Aging will need additional funding in the amount of $14,623. Since this figure was presented, the cost of service provided by CTS has increased from the present rate of $1.12 to approximately $1.21; therefore, the proposed figure will have to be increased by 8-10%. commissioner Retchin commented on a waiting list of other persons in need of transportation services, such as medical transportation for dialysis and radiation patients, and stated after a conversation with Director Crumpton, an additional $9,000 would provide other transportation services. He recommended funding these services as well as providing transportation to nutrition sites for five days in a total amount of $25,000. Motion: After further discussion of the need to provide transportation services to persons in need, Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to approve a funding appropriation in the amount of $25,000 to the Department of Aging for the provision of transportation services and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. () 92-0064 Non-Departmental/Department of Aging/Transportation Debit Credit Non-Departmental Contingencies $25,000 Department of Aging/Transportation $25,000 Purpose: To transfer funds from Contingencies to the Department of Aging for additional transportation services. DISCUSSION OF CHOLESTEROL SCREENING FOR SENIOR CITIZENS Commissioner Retchin commented on a complaint being received with reference to a Health Nurse not being present at the Senior Center for cholesterol checks and inquired as to the present schedule. f\ \ ~/ Director Crumpton stated cholesterol checks are performed randomly, not on a monthly basis. Perhaps, the complaint received was pertaining to blood pressure checks which were being performed on every third Friday by the Health Department. Unfortunately, the Health Department can no longer provide this service; however, the Department of Aging is working with Interim Care to provide a nurse free of charge every third Friday. DISCUSSION OF PROPOSED OPENING BURNING ORDINANCE Assistant County Manager Dave Weaver presented background information on the current regulatory agencies, the N. C. Forest Service and N. C. Division of Environmental Management. The following alternatives were presented: Alternative One: Continue the present arrangement relying on State enforcement of open burning regulations. Alternative Two: Adopt regulations requiring permits for open burning. () Alternative Three: Burning Adopt Performance Regulations for Open Discussion was held on the necessary resources to enforce the proposed ordinance and the recommendation by the Sheriff to continue the present arrangement as listed in Alternative One. commissioner Retchin commented on initiating the proposed Open Burning Ordinance and stated after review of the Sheriff's letter, he does see the need for additional regulations at this time. ~~ . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 182 Motion: After further discussion, commissioner Retchin MOVED, SECONDED by Commissioner Sutton to take no action and allow the ordinance to remain unchanged. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR SUBMISSION OF HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT APPLICATION - PLANNING DEPARTMENT Staff Planner, Wanda Coston, requested authorization to submit an application to the N. C. Department of Economic and Community Development for HOME Investment Partnerships Program funds (HOME). This program was established under the National Affordable Housing Act of 1990. HOME provides funds for developing affordable housing opportunities for low and very low income persons. Staff proposes that the County develop a combination purchase and/or housing rehabilitation program under HOME guidelines for 21 houses. The project is estimated at approximately $635,000 with a County contribution of approximately $47,625 (7.5%) for administrative and in-kind services since HOME funds cannot be used to defray any administrative costs. Discussion was held on the amount of funding required. Planning Director Hayes stated no County funds are required for this fiscal year, only a commitment of administrative and in-kind services; however, for the next fiscal year, additional funds will be needed for some acti vi ties such as appraisals, inspection services, and administrative costs in an amount not to exceed $40,000. County Manager O'Neal stated a $40,000 expenditure for a $635,000 grant for housing opportunities is an excellent return. Motion: After discussion of the program criteria and the need to bring substandard housing up to standard building codes throughout the unincorporated areas of the County, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the Planning Staff to submit the grant application; authorize the County to commit approximately 7.5% for administrative and in-kind services; and authorize the Chairman to execute the grant application. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to convene from Regular Session to hold a Regular Meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened from Regular Session at 9:44 A.M. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 9:49 A.M. APPOINTMENT OF WILLIAM A. RANEY, JR. TO FILL THE UNEXPIRED TERM OF PHYLLIS JACKSON ON THE WASTE-TO-ENERGY FACILITY COMMISSION Chairman Mathews reported on the resignation of Phyllis Jackson on the Waste-to-Energy Facility Commission and stated 18 applications are on file. The floor was opened to receive nominations. Commissioner Sutton, the County's representative on the WTE Facility Commission, commented on the fact that Ms. Jackson was an attorney, which was most helpful to the Commission, and stated he would like to nominate Attorney William A. Raney, Jr. since he has volunteered to serve and share his legal expertise on environmental issues. j (- I I l MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 183 There being no other nominations, Chairman Mathews declared the nominations closed. Motion: After further discussion of the need to have an attorney on the WTE Facility Commission, commissioner Retchin MOVED, SECONDED by Commissioner Sutton to appoint william A. Raney, Jr. to fill the unexpired term of Phyllis Jackson on the Waste-to-Energy Facility Commission. The term is to expire March 1, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY. / () RESIGNATION OF HANAH GAGE FROM THE STRATEGIC PLANNING TEAM Commissioner Retchin commented on the resignation of Hanah Gage from the Strategic Planning Team and recommended contacting Chuck Langley as the media representative to serve on the team. Consensus: After further discussion, it was the consensus of the Board to advertise for a news media representative to serve on the Strategic Planning Team. commissioner Sutton expressed concern for the number of persons who have resigned from the Strategic Planning Team and requested staff to present an update. County Manager O'Neal commented on the activities of the Strategic Planning Team and stated a status report will be presented at the second meeting in December. RECONSIDERATION OF APPEAL OF CONTRACTORS' INVENTORIES DISCOVERED ON ACCOUNTS OF HANOVER IRON WORKS, ELLINGTON INSULATION, HARRIS ELECTRIC, SCHROEDER ROOFING, AND SNEEDEN, INC. Tax Administrator, Roland Register, reported on the 1992 General Assembly enacting legislation to entitle contractors to the same property tax exemption afforded manufacturers, retailers, and wholesalers and stated this legislation became effective January 1, 1992, and was not retroactive. The appellants have been notified of this information. G. S. 105-274 requires that "all personal property whatsoever within the jurisdiction of the State and not specifically exempted from taxation by law is subject to taxation in North Carolina". Since contractors' inventories were not specifically exempted prior to January 1, 1992, statutes supported by case history require that the discoveries be upheld. Preceding action by the Board has been to uphold penal ties on the Tax Management Associates' audits; therefore, staff feels not to uphold penalties would be inconsistent with the discretionary powers as previously applied by the Board of County Commissioners. () commissioner Retchin commented on the intent of the legislature when enacting the original bill in 1988, which was to exempt contractors, and stated it is frustrating that the newly enacted exemption for contractors is not retroactive. Tax Administrator Register stated the misunderstanding among the members of the General Assembly when not including contractors in the original bill has created confusion as well as the recent decision to include contractors without making it retroactive. According to the General Statutes, the discoveries and penalties should be upheld by the Tax Department under the newly enacted legislation; however, discretionary powers are determined by the Board of County Commissioners. () A lengthy discussion was held on how inventory is determined. Commissioner Retchin inquired as to whether the County can declare the inventory as retail inventory in the appealed cases? Tax Administrator Register stated this analogy can be applied. County Attorney Copley stated the legislature did not make the law retroactive; however, due to the intent being questionable, at a minimum, the-penalty could be forgiven since the contractor in this appeal did not act against the law. The Commissioners have ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 184 the discretion to determine what they feel was the intent of the legislature when enacting the bill. Vice-Chairman Greer inquired as to the amount of taxes received since 1988 from businesses that have paid the contractors inventory tax and asked if these companies would request a refund? . Tax Administrator Register stated these companies probably would request a refund in a sum of not less than $5,000 but not more than $50,000. He stated all firms have not been audited; therefore, if other firms have not been taxed for contractors inventories, the statute of limitations would prohibit discoveries after December, 1992. Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to declare inventories in the hands of contractors during this period of time as retail inventory and exempt from the inventory tax to include the firms of Hanover Iron Works, Ellington Insulation, Harris Electric, Schroeder Roofing, and Sneeden, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Mathews recessed the meeting from 10:14 A.M. until 10:30 A.M. . TAX APPEALS - DIXIE CEMENT AND NAEGELE OUTDOOR ADVERTISING Tax Administrator, Roland Register reported that Naegele has accepted the penalty and will not appear at the tax appeal hearing. Dixie Cement has provided the Tax Department with corporate information to resolve the audit with no further contact; therefore, since no persons are present, he would recommend upholding the penalties as assessed. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to uphold the penalties as assessed. Upon vote, the MOTION CARRIED UNANIMOUSLY. TAX APPEAL OF VALUE - SAMUEL LAWRENCE CRAWLEY, JR. Tax Administrator, Roland Register, reported that Mr. Samuel Lawrence Crawley, Jr. is appealing the $9,280 value of his 1987 Lincoln Continental. The appeal is based on his purchase price of $7,972.50 on June 26, 1991, and the fact that the car had 90,000 miles at the time of purchase. The condition of the car appears standard or above standard for the age of the vehicle, and the adopted guide for valuation in New Hanover County uniformly valued six identical cars at $9,280 giving a reduction for mileage exceeding 100,000 miles. Case law supports the mass appraisal methods, and accepts reasonable variations from "market value" as long as the values are uniform. The Tax Department valued 46 similar vehicles from the uniform application of the adopted guide from the same contractor who prices all vehicles for sales tax application. Staff recommends upholding the tax value of $9,280 according to the adopted guide for New Hanover County. . Mr. Crawley commented on the value placed on his 1987 Lincoln and requested the value be reduced to the purchase price of $7,972.50. Motion: After discussion of the mass appraisal approach and variations from market value, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to uphold the value of $9,280 as recommended by the Tax Administrator. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Report-on Attending a Public Hearing on Public Transportation in Raleigh, N. C. Assistant to the County Manager, Pat Melvin, reported on j (- I MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 185 attending a Public Hearing on public transportation in Raleigh to request the General Assembly to increase the dollars allocated for public transportation services, especially for the elderly, handicapped, or disabled populations. All agencies throughout the state involved in public transportation attended the Public Hearing and urged the legislature to allocate more funding. She also reported on receiving a new vehicle from the State equipped for the handicapped and invited the Commissioners and local legislators for a ride once logos have been placed on the vehicle. A date and time will be forthcoming. In Introduction of Sandy High, a Part Time Employee in the County Manager's Office County Manager O'Neal introduced Ms. Sandy High, a new part time employee in the County Manager's office. She was previously a full time employee at the Juvenile Services Center. Chairman Mathews, on behalf of the Board, welcomed Ms. High and wished her well in her new position. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Committee Appointment policy Chairman Mathews reported on the Committee Appointment policy and opened the floor to further discuss the current appointment procedure. commissioner Sutton expressed appointment process through the policy and recommended reserving appointment by a majority vote at automatic postponement. concern for prolonging the 2-step nomination/appointment the right to complete the the first meeting wi thout commissioner Retchin stated the current policy does not require automatic postponement; therefore, the policy as approved is satisfactory. () Discussion was held on recommendations received from chairmen and administrators for persons they feel should be appointed or reappointed to serve on boards. Commissioner Barfield expressed concern for boards feeling that these recommendations will be accepted by the Commissioners and the hard feelings that have been created during the past year by non-acceptance. He recommended authorizing the Chairman to write a letter clearly stating that recommendations are considered by the Board of County Commissioners but may not always be accepted. Consensus: After further discussion, it was the consensus of the Board to: (1) allow the 2-step nomination/appointment process to remain unchanged with it clearly being stated that appointments can be made at the first meeting when deemed appropriate by the Board of County Commissioners; and (2) to authorize the Chairman to write a letter to all County appointed committee chairmen explaining that recommendations for support of applicants will be considered by the Board but may not always be accepted. Consensus: After further discussion, it was the consensus of the Board to hold applications on file for 18 months from the date the application is received in the Governing Body office. The Clerk was directed to use double postcards to notify persons with eligible applications on file of future vacancies with the response portion of the card being returned indicating whether they desire to be considered. If the return postcard is not received, the applicant will not automatically be considered for filling the vacancy. () Discussion of voting Procedures Chairman Mathews commented on the general statutes allowing municipalities to abstain from voting, which becomes a "yes" vote, . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 186 and stated counties, however, cannot abstain from voting. They must be excused from voting for a financial reason or vote "yes" or "no". The members of the Board were requested to vote either yes or no in all future Board action. commissioner sutton expressed concern for the rapid manner in which the Chairman calls for votes and stated at the last meeting he was not given an opportunity to make a statement; therefore, he did not have time to vote. Statement of Opinion by Commissioner Retchin concerning the Leave of Absence by Hospital President, David Plate Commissioner Retchin rendered a statement of his feelings on the recent leave of absence taken by the Hospital President, David Plate, and expressed concern for the action taken by the Evaluation COinInittee being precipitous and damaging to the welfare of New Hanover 'Regional Medical Center. Concern was expressed for the Evaluation Committee not bringing the report and recommendation to remove David Plate from his position to the entire Board of Hospital Trustees. The general perception is that the Hospital Board of Trustees acted hastily in terminating a man's contract who, in most ways, has performed in his job superbly for the benefit of the community. Also, if Mr. Plate should have been terminated, an agreement could have and should have been negotiated to allow him to work out the balance of his contract and continue to earn his pay by contributing to the health and well-being of the institution within that time frame. Emphasis was placed on the fact that it is not too late to alter this action. Chairman Mathews inquired as to why this statement is being presented at this time? He expressed concern for taking any action before the Commissioners have received a response to the letter forwarded to the Hospital Board of Trustees requesting an explanation of the leave of absence action? Commissioner Retchin stated the purpose of the statement is to allow David Plate to continue to work within the time frame of his contract and earn his pay for the next 12 months. Commissioner Barfield expressed concern for the Hospital Board of Trustees not informing the Commissioners that Mr. Plate was being placed on a leave of absence and stated the Commissioners are responsible for providing answers to the public; therefore, an explanation from the Hospital Board of Trustees should be received immediately. commissioner sutton commented on requesting the County Attorney to prepare a resolution stating the Board of County Commissioners requests public disclosure of the reasons for David Plate being placed on a leave of absence, and recommended adoption of the resolution. Vice-Chairman Greer stated the Commissioners did not request a resolution. The intent of his motion was to request the Hospital Board of Trustees to explain to the County Commissioners and general public the reasons why Mr. Plate was placed on a leave of absence. He expressed concern for the power struggle among the Hospital Board of Trustees and recommended receiving an official response from the Trustees before making a decision or taking further action. Commissioner Sutton stated the entire situation is a public relations disaster. Concern was expressed for a change in management at this time which could jeopardize a favorable review of the hospital by bond rating agencies on the proposed revenue bond issue. The Commissioners were urged to consider the favorable reviews of Mr. Plate's job performance before April, 1992, and to find out why this review changed so drastically in such a short period of time. ~ (- I , I I ! l MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 187 Authorization for the Chairman to Request the New Hanover Regional Medical Center Board of Trustees to Reduce Terms from Five to Three Years Motion: Chairman Mathews commented on the length of five year terms on the Hospital Board of Trustees and MOVED, SECONDED by Commissioner Barfield to request the Hospital Board of Trustees to reduce terms from five to three years with members eligible to be reappointed to serve another three-year term. The floor was opened for discussion. () commissioner Sutton expressed concern for reducing the terms to three years due to the amount of time needed to learn policies and procedures of the hospital. For ten years, the five year terms have worked successfully and, in his opinion, limiting the terms to three years will provide the hospital administration more control and dilute the power of the Board of Trustees. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Greer Chairman Mathews Voting Nay: Commissioner Sutton EXECUTIVE SESSION Chairman Mathews requested an Executive Session to discuss a property matter. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convene from Regular Session to Executive Session to discuss a property matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Mathews convened from Regular Session at 11:30 A.M. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 11:55 A.M. MEETING RECESSED Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to recess for lunch and reconvene to Special Session in order to hold a Work Session on purchasing and bidding procedures at 1:00 P.M. in Room 501 of the New Hanover County Administration Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. The meeting was recessed at 11:58 A.M. WORK SESSION ON COUNTY PURCHASING AND BIDDING PROCEDURES The New Hanover County Board-of Commissioners met in special Session on October 19, 1992, at 12:30 P.M. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, for the purpose of discussing County purchasing and bidding procedures. () Members present were: Commissioner Jonathan Barfield, Sr. Commissioner Fred Retchin Vice-Chairman Robert G. Greer Chairman E. L. Mathews, Jr. Absent: Commissioner William H. Sutton Chairman Mathews called the Special Session to order. . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 188 Finance Director, Andrew J. Atkinson, introduced Amy Akin, the County's Purchasing Agent, who presented the following purchasing and bidding procedures used by New Hanover County: PURCHASING GOAL General purchasing Goal: To obtain in a timely and efficient manner the necessary items and services needed by the County at the lowest price possible. Public purchasing Goal: To obtain in a timely and efficient manner the necessary items and services need by the County at the lowest price possible in compliance with North Carolina General statutes and local regulations. Purchasing is a Service: Purchasing is a service that is in place to assist the County and its citizens. It is a direct service to the different agencies who need purchasing services and an indirect service to the County residents. PURCHASING AUTHORITY General statutes provide the framework within which local governments are to operate. The purchasing decision and operations must be in compliance with the North Carolina General statutes. DESIRED RESULTS OF GENERAL STATUTES To promote competition among qualified vendors, resulting in an economical price for the local government. BIDDING REQUIREMENTS OF THE COUNTY PURCHASING POLICY Construction and Repair Projects Formal Bid: For projects $50,000 or more, a formal bid is required. Informal Bid: For projects between $5,000 and $50,000, an informal bid is required. Purchases Formal Bid: For purchases $20,000 or more, formal bids are required. Informal Bid: F.or purchases $5,000 or less than $20,000, informal bids are required. RESPONSIBILITY OF SECURING REQUIRED BIDS FOR THE COUNTY Construction and Repair projects Formal Bids: The proj ect manager or the Engineering Department has the responsibility for securing bids. Informal Bid: The County Department or project manager is responsible for securing bids. Purchasing Formal Bids: The Finance Department is responsible for securing all formal bids on purchases. Informal Bids: The Department Head is responsible for securing informal bids with review by the Finance Department. j ( , I I l MINUTES OF REGULAR MEETING, OCTOBER 19, 1992 PAGE 189 AWARD OF BIDS According to General statute 143-129, "the award shall be made to the lowest responsible bidder, or bidders....taking into consideration price, quality and performance and the time specified in the proposals for the performance of the contract". Negotiations in Formal Bidding: The only time the County, by statute, can negotiate with the lowest responsible bidder is when all bids received exceed the amount allowed for the purchase or project. In most instances, bids are rejected and the project is re-bid. n Use of Local Vendors: It is diff icul t to def ine a local vendor. Many corporations, headquartered in other states, have a local office employing citizens who live and work in New Hanover County. Some companies have headquarters located in other areas with a local representative who lives and works in New Hanover County. Also, there are sole proprietors who have established their businesses in the County and do not have branch offices located in other areas. The Finance Department encourages the use of local vendors, whenever possible; however, the General Statutes require award of the bid to the lowest responsible bidder. securing Bids or Proposals when not Required: There are instances where the General Statutes do not require a bid; however, the County does bid on many items in order to receive the best price. For example, competitive bidding for the purchase of uniforms for the Sheriff's Department has saved the County a considerable sum of money. Discussion was held on contracted services. Vice-Chairman Greer expressed concern for becoming involved with a company and continuing to deal with this company through contract renewals. Staff was encouraged to request bids on each project in order to compare prices and allow other persons an opportunity to bid. () Discussion was held on a de-centralized purchasing system. Finance Director Atkinson commented on the County having a de- centralized purchasing system versus a centralized system where all items are purchased out of a central office. Approximately five years ago, the County joined the City in a centralized purchasing system with department heads being dissatisfied and in some cases, it was found that items could be purchased cheaper. In the final analysis, the County did not save a tremendous amount of money and the centralized system seemed to be more of a bureaucratic system. ADJOURNMENT Chairman Mathews, appreciation to Amy Akin informative presentation. on behalf of the Board, expressed and Andy Atkinson for an excellent and The meeting was adjourned at 1:30 P.M. ~;c LUCle F. Harrell Clerk to the Board ()