1991-03-25 Regular Meeting
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MINUTES OF REGULAR MEETING, MARCH 25, 1991
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 25, 1991, at 9:00 o'clock A.M. in the
Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were:
Robert G. Greer; William H.
Jr.; Chairman Fred Retchin;
Attorney, Robert W. Pope;
Harrell.
Commissioners Jonathan Barfield, Sr.;
Sutton; Vice-Chairman E. L. Mathews,
County Manager, Allen O'Neal; County
and Clerk to the Board, Lucie F.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Mary Gornto, gave the invocation.
Commissioner Robert G. Greer led the audience in the Pledge
of the Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Retchin asked if 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. The following
item was presented:
Discussion of Air Quality
Ms. Martha Vaughan, representing the Historic District and
Residents of Old Wilmington, expressed concern for air pollution
in the downtown area. She encouraged the Commissioners to assist
citizens of the area as they ap'proach state and federal officials
requesting a higher standard of air quality controls.
Chairman Retchin stated federal and state officials are in
the process of addressing air quality as evidenced by recent
emission regulations that were required in the expansion of the
Refuse Steam Generation Facility located on U. S. Highway 421.
APPROVAL OF CONSENT AGENDA
Commissioner Barfield expressed concern for Item #20
pertaining to CBA funding and requested this item be removed from
the Consent Agenda. He recommended that each agency appear
before the Board with an explanation of how the funds will be
utilized.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barfield to approve the Consent Agenda with removal of Item #20
as requested by Commissioner Barfield. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular
Meeting of March 4, 1991, as presented.
Adoption of Resolution and Approval of
conveying Title to .04 Acres of Land South
East of South College Road to the N.
Transportation
The Commissioners adopted a resolution and approved a
contract granting a right-of-way easement and deed conveying
title of .04 acres (1853 sq. ft.) of land south of Lake Avenue
and east of South College Road to the Department of
Transportation. The Chairman was authorized to execute the
Deed of Conveyance.
Contract #91-0082
of Lake Avenue and
C. Department of
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3 9~NUTES OF REGULAR MEETING, MARCH 25, 1991 (CONTINUED)
Copies of the resolution
incorporated as a part of the
Exhibit Book XIX, Page 2.
and Deed of Conveyance are
minutes and are contained in
Adoption of Resolution (Contract #91-0099) Granting Electric
Easement to Carolina Power & Light Company for Present and Future
Electric Service to Hugh MacRae Park
The Commissioners adopted a resolution granting an electric
easement to CP&L for present and future electric service to Hugh
MacRae Park. The Chairman was authorized to execute the
necessary documents.
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Copies of the resolution and easement agreement are hereby
incorporated as a part of the minutes and are contained in
Exhibit Book XIX, Page 2.
Adoption of Resolution Authorizing a Private Sale of Inoperable
Vehicles - Sheriff's Department
The Commissioners adopted a resolution authorizing the
private sale of the following inoperable vehicles pursuant to
GS-160A-267:
1 Chevrolet Monte Carlo
1 Chevrolet Van
1 Ford
1 Chrysler
1 Brown Moped
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 2.
Support of $355 Million State Bond Referendum As Requested by the
Governor
The Commissioners endorsed the proposed $355 million State
bond referendum for continued development of infrastructure needs
such as construction and improvements to public schools, maj or
construction initiatives in the State university and community
college systems, and assistance to local governments for
improvement of mental health facilities and programs.
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Adoption of Resolution Requesting the North Carolina General
Assembly and United States Congress to Consider Constitutional
Amendments to Prohibit Local Mandated Programs Without Funding
Appropriations
The Commissioners adopted a resolution requesting the North
Carolina General Assembly and the United States Congress to
consider constitutional amendments to prohibit federal
legislation that mandates local funding of programs or services
without providing funding appropriations. The resolution is to
be forwarded to County Boards of Commissioners of North
Carolina's 99 counties; the National Association of Counties and
the North Carolina Association of County Commissioners.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 2.
Adoption of Resolution Designating the New Hanover County Airport
Authority As Agent for Warranty Compliance
The Commissioners adopted a resolution designating the New
Hanover County Airport Authority as the agent for warranty
compliance and enforcement undertaken pursuant to any contract or
purchase order the County may have with terminal contractors,
consultants, and suppliers.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 2.
Approval of Revised Travel Policy
The Commissioners approved the amendments to the Travel
Policy as submitted by the Finance Director.
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MINUTES OF REGULAR MEETING, MARCH 25, 1991 ( CONTINUED)
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A copy of the revised travel policy is hereby incorporated
as a part of the minutes and is contained in Exhibit XIX, Page 2.
Approval of Budget Amendment #91-0187 - Outside Agencies/Human
Services
The Commissioners approved the following Budget Amendment:
91-0187 Non-Departmental/Outside Agencies/Human Services
Debit
Credit
Non-Departmental
Contingencies
$10,000
Outside Agencies/Human Services
Food Bank of Coastal Carolina
$10,000
Purpose: To budget an allocation of $10,000 for the Food Bank of
Coastal Carolina.
Note: At the beginning of this fiscal year, an amount of $40,000
was reserved in contingencies for the food groups as
follows:
Food Distribution Center
Community Food Center
Food Bank of Coastal Carolina
$10,000
$10,000
$10,000
The remaining balance in the contingencies account after
this budget amendment is $29,589.
Approval of Budget Amendment #91-0188 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
91-0188 Social Services
Debit
Credit
Social Services/Administration
Administrative Grants
$15,163
Social Services/CP&L Intervention Project
Assistance Payments
$15,163
Purpose: To budget additional State allocation for Carolina
Power & Light Intervention Project.
Approval of Budget Amendment #91-0189 - Emergency Management
The Commissioners approved the following Budget Amendment:
91-0189 Emergency Management
Debit
Credit
Emergency Management
Other
$1,267
Departmental Supplies
$1,267
Purpose: To budget a donation from the Southeastern Four Wheel
Drive Club for purchase of 40 NOAA weather radios for New Hanover
County schools for emergency communications.
Authorization to Reclassify Four Assistant Steam Plant Operators
to Air Pollution Control Operators - New Hanover County Refuse
Steam Generation Facility
The Commissioners reclassified four Assistant Steam Plant
Operators to Air Pollution Control Operators at the expanded
Refuse Steam Generation Facility as requested by the
Environmental Management Director. The reclassifications are
necessary in order to ensure proper operation and maintenance of
air pollution control, water treatment, and wastewater systems.
Additional salary funds in the amount of $4,646.87 were approved
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3 &1&ES OF REGULAR MEETING, MARCH 25, 1991 ( CONTINUED)
to effect the reclassifications from April 2, 1991 through June
30, 1991.
Adoption of Resolution Adding Roads in NorthChase Development to
the State Highway System
The Commissioners adopted a resolution adding the following
roads in NorthChase Development to the State Highway System:
Cambridge Subdivision & Harnett Point Subdivision
(Division File #661-N)
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 2.
Adoption of Jail Medical Plan New Hanover County Health
Department
The Commissioners adopted a Jail Medical Plan as submitted
and approved by the Health Director, Jail Physician, Medical
Consul tant, and Chairman of the Board of Health. The Chairman
was authorized to execute the document.
A copy of the Medical Plan is on file at the Health
Department.
Acceptance of Tax Collection Reports Through February 28, 1991
The Commissioners accepted the following Tax Collection
Reports through February 28, 1991, 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 XIX, Page 2.
New Hanover County Board of Equalization and Review Meeting 0
Scheduled for May 6, 1991 -~'
As required by the NCGS 105-322, the Commissioners scheduled
the first meeting of the New Hanover County Board of Equalization
and Review for May 6, 1991, to hear persons wishing to appeal and
to adjourn upon allowing those persons to request an appeal.
Release of Listing Penalties - Tax Department
The Commissioners released the following listing penalties
as the taxpayers made valid listings during January in another
county:
Kelly, Burris J.
Morris, William J.
$119.55
$ 12.10
Authorization to File ACTION Retired Senior Volunteer Program
Continuation Grant Application
The Commissioners authorized filing of the ACTION
continuation grant application in the amount of $87,638 for
monies to support the Retired Senior Volunteer Program for
1991-92. The County Manager was authorized to execute the grant
documents.
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager 0' Neal recognized the following new County 0-
employees:
Barbara Egerton
Lynda Turbeville
Wanda Brownlee
Sharon Walters
Caroline Eisenstein
Diana Drakeford
John Blume
Patricia Jessup
Allen adorn
Health Department
Social Services
Tax Department
Library
Library
Library
Social Services
Social Services
Parks Department
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MINUTES OF REGULAR MEETING, MARCH 25, 1991 (CONTINUED)
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Chairman Retchin, on behalf of the Board, welcomed the new
employees and wished them success in their new positions.
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ADOPTION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 7-13,
1991, AS "NATIONAL COUNTY GOVERNMENT WEEK" IN NEW HANOVER COUNTY
Assistant to the County Manager, Pat Melvin, stated the
purpose of County Government Week is to better inform our
citizens on the many services provided by local government. New
Hanover County will be celebrating "National County Government
Week" beginning on Sunday, April 7, 1991, with a "County
Government Fair Day" to be held in the Center Court of
Independence Mall at 2:00 P.M. Also, "Students In Government
Day" will be held on April 10, 1991, which will allow high school
students to spend time in the various government offices
overseeing the functions of local government.
Motion: Chairman Retchin encouraged the citizens of the county
to attend events planned for Government Week and MOVED, SECONDED
by Vice-Chairman Mathews to adopt the proclamation designating
the week of April 7-13, 1991, as "National County Government
Week"- in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 2.
ADOPTION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 21-27,
1991, AS "VOLUNTEER RECOGNITION WEEK" IN NEW HANOVER COUNTY
Motion: Chairman Retchin read the proclamation and MOVED,
SECONDED by Vice-Chairman Mathews to adopt the proclamation
designating the week of April 21-27, 1991, as "Volunteer
Recognition Week" in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 2.
ADOPTION OF PROCLAMATION DESIGNATING APRIL 14-20, 1991, AS
"PUBLIC HEALTH WEEK IN NEW HANOVER COUNTY"
Motion: Chairman- Retchin read
SECONDED by Commissioner Sutton
designating the week of April 14-20,
in New Hanover County." Upon
UNANIMOUSLY.
the proclamation and MOVED,
to adopt the proclamation
1991, as "Public Health Week
vote, the MOTION CARRIED
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 2.
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PRESENTATION OF ANNUAL REPORT BY THE NEW HANOVER DOMICILIARY
COMMUNITY ADVISORY COMMITTEE
Mr. Chuck Langley, Chairman of the New Hanover Domiciliary
Communi ty Advisory Committee, presented the Annual Report. He
stated the Committee consists of eight members and during the
past year, the committee members have made 50 visits to 6 rest
homes and 6 family care homes. Since the formation of the
Committee, improvement has been noted in the quality and care of
residents living in these homes. Appreciation was expressed to
Deputy County Manager, Mary Gornto, for her interest in the
commi ttee and to the County Commissioners for their support of
ensuring patient quality, care, respect and dignity.
Chairman Retchin, on behalf of the Board, expressed
appreciation to the members of the Domiciliary Community Advisory
Committee for the time and effort given in visiting these homes.
He also expressed appreciation to Star News Reporter, Tricia
Robertson, for an excellent article in the newspaper on the need
for volunteers to give of their time to serve on this Committee.
A copy of the report is on file in the Clerk's office.
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APPROVAL OF EXCEEDING GRANT LIMIT UNDER THE ENERGY CONSERVATION
HOUSING REHABILITATION PROGRAM FOR HOUSEHOLDS LOCATED ON MARKET
STREET AND ROCKHILL ROAD
County Manager O'Neal requested authorization to exceed the
grant limit of the Energy Conservation Housing Rehabilitation
Program for the following households in order to bring them up to
acceptable structural, electrical and plumbing standards:
(1) Household on Market Street - exceed the limit by $542.
(2) Household on Rockhill Road - exceed the limit by $2,032.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barfield to approve exceeding the grant limit as requested by the
County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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ACTION DEFERRED ON CONTRACTING WITH OUTSIDE AUDITORS FOR AUDIT OF
BUSINESS-PERSONAL TAX RECORDS
County Manager O'Neal
seek additional sources
available is to contract
business-personal tax
recommendation with the
amount of revenues lost,
auditing request.
commented on staff being instructed to
of revenues and stated one option
with outside auditors for audit of
records. After reviewing this
Tax Administrator and realizing the
staff would recommend approval of the
Tax Administrator, Roland Register, presented the following
advantages and disadvantages of contracting with an outside
auditing firm to audit business-personal tax records:
ADVANTAGES
Results can be obtained quickly since the Tax Office does not
have to train an employee.
Once discoveries are made, there is a reasonable expectation
that future compliance will bring a continuing revenue stream
from those businesses.
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After review of the firms providing this service, both firms
have seasoned, effective auditors who will support a posi ti ve
image for the County.
Both firms have former employees of the State, County Tax
Offices, CPA's and corporate-level managers on their staff.
Prior and current "multi-county" audits reveal non-compliance
elsewhere, and a potential discovery in New Hanover. The auditor
has the advantage of serving several counties at one time, and
eliminating "corporate frustration" from having too many county
auditors conduct single-county audits of their records.
The County will gain revenue; the contractor's fees are based
upon results, not efforts. If no discovery is made, expenses of
the audit are not reimbursed to the contractor.
Payment to the contractor can be structured to avoid
"advancing" contingency fees before local appeals are completed.
County employees may accompany contract auditors for
observation and training. Replacement and training of a person
as previously approved would allow continuation of audits by our
staff at the completion of the contract.
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This option allows the County to take advantage of a method of
obtaining rightfully obligated revenue, especially when necessary
to cover shortfalls in other revenues.
DISADVANTAGES
There will be an increase in appeals to the Board, and large
corporations will utilize lengthy appeal routes.
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MINUTES OF REGULAR MEETING, .MARCH 25, 1991 (CONTINUED)
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Lobbyists will attempt to influence legislation prohibiting
such contracted auditing.
The process is not popular.
Commissioners must take a firm stand to uphold penalties
uniformly, almost regardless of the reason for non-compliance.
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The process will require devotion of time by the Assessor, the
Listing supervisor, Business-Listing Clerks, and Management
Information Services to provide preparatory information to actual
audits.
Commissioner Sutton expressed concern for hiring firms based
upon the sole purpose of creating commissions and stated the idea
is excellent; however, he does not want bounty hunters
approaching businesses and other members of the professional
communi ty. He agreed with the concept and recommended using
state income tax records as the information source.
Tax Administrator Register stated it would be ideal to train
a County employee to perform this service; however, with the
period of time involved in the training process and the turnover
of employees in the Tax Department, it has not been possible to
train an individual to become proficient in the auditing process.
Chairman Retchin inquired as to the reputation of the firms
being considered and asked if the County can be assured that
these individuals will approach businesses in a courteous and
helpful manner? Tax Administrator Register stated after review
of the personnel staff, he felt either firm would portray an
excellent image of the County.
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Vice-Chairman Mathews commented on the recommendation of the
County's auditor, Lowrimore, Warwick & Company, and stated they
encouraged the County to consider implementation of an audit
system which could lead to increase revenues and a permanent
increase in the County's tax base whenever property is
discovered.
Commissioner Greer expressed concern for allowing any
individual on a commission to audit businesses in the County and
stated he could not support this proposal. He recommended hiring
a qualified person to perform these audits in-house.
Motion: After a lengthy discussion of having no qualified County
employee to perform this service, Chairman Retchin MOVED,
SECONDED by Vice-Chairman Mathews to hire a reputable firm on a
l-year trial basis. The floor was opened for discussion.
Commissioner Sutton stated he would concur with the motion
if the motion prohibited an independent commissioned person to be
the individual who audits the business. He stated purchases of
large pieces of equipment are reported by businesses on the
depreciation schedule of the state income tax form; therefore, he
cannot see the necessity of auditing a business to obtain the
inventory tax record when no merchant is going to falsify
inventory on the state income tax which is a figure used to
reduce the profit shown and thereby reduce the amount of income
tax paid.
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After further discussion, Chairman Retchin called for a vote
on the MOTION to proceed with a l-year trial basis. Upon vote,
the MOTION FAILED AS FOLLOWS:
Voting Aye: Chairman Retchin
Vice-Chairman Mathews
Voting Nay: Commissioner Barfield
Commissioner Greer
Commissioner Sutton
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Commissioner Sutton requested the Tax Administrator to
continue to work on another plan that will be equitable to all
persons involved and recommended investigating the possibility of
hiring a local CPA firm or perhaps developing an in-house
program.
County Manager 0' Neal stated Staff will prepare another
recommendation and report back to the Board.
APPROVAL OF NEGOTIATED PRIVATE SALE AS PROVIDED BY NCGS CHAPTER
160-A, ARTICLE 12, FOR DISPOSAL A LOT JOINTLY OWNED BY THE CITY
AND COUNTY TO THE HISTORIC WILMINGTON FOUNDATION
Mr. E. David Scott, Executive Director of the Historic
Wilmington Foundation, requested the Commissioners to consider a
negotiated private sale as provided under NCGS Chapter 160-A,
Article 12, for conveyance of a parcel of land between 408 and
412 Grace Street. The non-profit Historic Wilmington Foundation
would move a house, which is in the process of being demolished,
to the site and begin a restoration project. By placing a
restored home on this site, the Historic Wilmington Foundation
would be improving the area and adding to the housing stock of
the City. The site in question is the only lot in the 400 block
of Grace Street which is not being properly maintained.
Deputy County Manager, Mary Gornto, commented on the use of
the vacant lot for parking by a few county employees and
recommended that the County maintain ownership of the
southernmost 32 feet of Parcel #15 in order to accommodate
addi tional parking for the 10% of county employees presently
utilizing the lot.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Sutton to approve a private sale of
Parcel #15 (from Grace Street 100 feet south) and retain
ownership of the southernmost 32 feet of the parcel to be
utilized for additional parking spaces contingent upon approval
of the sale by the Wilmington City Council. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION SEEKING ALTERNATIVE REVENUE SOURCES OTHER
THAN THE AD VALOREM PROPERTY TAX
Chairman Retchin read a resolution prepared at the request
of Commissioner Sutton which states the Board will seek other
revenue sources in order to reduce its funding dependency on the
ad valorem property tax.
commissioner Sutton emphasized the fact that he nor the
Board are trying to create new taxes, but are trying to find new
revenue alternatives other than the ad valorem property tax,
which in his opinion, is archaic and often an unfair tax.
Motion: After discussion of finding other funding alternatives,
Chairman Retchin MOVED, SECONDED by Commissioner Sutton to adopt
the resolution as read. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby made a part of the
minutes and is contained in Exhibit Book XIX, Page 2.
DISCUSSION AND APPROVAL OF LOCAL LEGISLATION
County Manager 0' Neal presented the following local bills
for discussion and reminded the Board that April 4, 1991, is the
deadline for introduction of local bills in the General Assembly.
Approval of Enabling Legislation to Increase The Maximum Fine For
Violation of New Hanover County Ordinances"
County Attorney pope stated the maximum fine for violation
of New Hanover County Ordinances has not been increased during
the past 100 years. He stated the local legislative delegation
has contacted the municipalities within the county, and they have
expressed a desire to be included in the proposed enabling act.
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MINUTES OF REGULAR MEETING, MARCH 25, 1991 ( CONTINUED)
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Motion: vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barfield to adopt the local enabling act to increase the possible
maximum fine for violation of County Ordinances from $50 to $500
and to forward the bill to the local legislative delegation for
introduction and approval by the General Assembly.
Approval of Requesting a State Funding Appropriation to Cape Fear
Conununity College for the Clean-up of the Burn pit Site at New
Hanover International Airport
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Motion: Commissioner Barfield MOVED, SECONDED by
Greer to request the State to appropriate $300,000
Community College for its share of cleaning up the
burn pit site at New Hanover International Airport.
the MOTION CARRIED UNANIMOUSLY.
Commissioner
to Cape Fear
contaminated
Upon vote,
Approval of Enabling Legislation to Allow the Conunissioners to
Impose a 1% Land Transfer Tax
Commissioner Greer expressed concern for approving the
proposed 1% land transfer tax and stated he has not definitely
decided to support the bill.
Chairman Retchin stressed the importance of soliciting the
support of the real estate community and recommended meeting with
this group to discuss the advantages of the proposed land
transfer tax.
Commissioner Barfield expressed concern for the impact of
the land transfer tax on affordable housing.
Mr. Nick Nicolaysen, President of the Homeowners
Association, stated the Association is opposed to the land
transfer tax feeling it is socially regressive and unfair for the
following reasons:
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1. The tax is inequitable with a selected segment of
the population bearing the burden of double taxation.
2. The land transfer tax will greatly impact on affordable
housing making it impossible for low to moderate income
persons to purchase a home.
3. Impact fees plus the land transfer tax will adversely
hurt the local economy by being less competitive with
home construction in surrounding counties.
Mr. Nicolaysen stated the local Homeowners Association and
State Homeowners Association will vigorously oppose a land
transfer tax on the State level. He suggested that a meeting be
scheduled with the County Commissioners to discuss other methods
of addressing the infrastructure problems.
Commissioner Sutton commented on lower property taxes in
surrounding counties and stated he feels this is the primary
reason for New Hanover County being less competi ti ve in the
housing industry.
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Chairman Retchin recommended having the local legislative
delegation introduce a "blank bill" with a "title only" in order
to allow the Commissioners the authority to impose this tax if
the Board can convince the Homeowners Association and other
members of the real estate and construction community that the
bill can be beneficial to their businesses as well as to New
Hanover County for completion of the county-wide sewer system.
Chairman Retchin, also, suggested that a meeting be scheduled
with the various members of the construction and real estate
community to thoroughly discuss this importance issue.
Vice-Chairman Mathews stated the proposed land transfer tax
was considered by the Board for the purpose of completing the
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( 4 0 ~NUTES OF REGULAR MEETING. MARCH 25. 1991 (CONTINUED)
sewer system; therefore, when holding the joint meeting between
the Board of Commissioners and members of the construction and
real estate community, he would recommend that these
organizations be prepared to provide input as to other revenue
sources that can be utilized for completion of the sewer system.
He stressed the importance of cooperatively working together to
resolve this issue.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED by Commissioner Barfield to request the local
legislators to introduce a "blank bill" which will allow the
County to implement a land transfer tax, if desired, for the
purpose of funding the sewer expansion and other capital needs.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Approval of Enabling Legislation for Evaluation of Construction
Contractors
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to approve a local bill enabling the County to exercise
some discretion in awarding a construction contract such as the
evaluation of work performed by contractors on previous County
capital improvement projects similar to the authority granted to
the State Building Commission in G.S. 143-135.26(4). Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Approval of Enabling Legislation Authorizing New Hanover County
and the City of Wi~ington to Merge and Consolidate Law
Enforcement in New Hanover County
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Commissioner Barfield to request the local legislative delegation
to approve a "blank bill" to allow New Hanover County and the
City of Wilmington to merge and consolidate law enforcement in
New Hanover County, if so desired. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Approval of Enabling Legislation to Levy an Additional Three
Percent Room Occupancy and Tourism Development Tax
Chairman Retchin stated a revised bill has been prepared
which will provide for the following distribution of the proposed
three percent (3%) room occupancy tax:
Revised Bill
The Board of County Commissioners may levy a room occupancy
and tourism development tax of three percent (3%) of the
gross receipts derived from the rental of accommodations
with seventy-five (75%) of the revenue being used to defray
the expense of solid waste disposal and twenty-five percent
(25%) being used by the Convention & Visitors Bureau to
promote travel and tourism.
Captain Frank S. Conlon, a member of the Cape Fear Coast
Convention & Visitors Bureau, Inc. and Director of the USS North
Carolina Battleship, stated he was not aware of the amended room
occupancy tax bill; however, he would like to comment on the
following concerns:
-The tourism dedicated room tax is good for government and
the economy as well as for the tourism industry. Like a
certificate of deposit, a tourism dedicated room tax will
deliver a return year after year. If one elects to spend
the money that could have been used in a certificate of
deposit, then both the principal and potential interest
are both lost. The same is true with the room tax. If
the investment return concept is not acknowledged, and
the room tax is dedicated to a general fund expenditure,
garbage and landfill in this instance, then both the
government and community become losers. The opportunity
for additional sales revenues, jobs, and sales tax
revenues are lost when the only benefit realized is the
short-term relief in operational costs of the landfill
and garbage disposal. Annual increases in tourism
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MINUTES OF REGULAR MEETING, MARCH 25, 1991 (CONTINUED)
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revenues will generate more revenues for the local
governments through additional sales tax than will be
realized by simply funneling the proposed additional sales
tax into the waste activities on Highway 421. Tourists
are a pass-thru group spending discretionary dollars in
New Hanover County and because of them new jobs are
created, new households established, and new businesses
which result in more sales tax and ad valorem revenues.
The merit of the growing tourism business is obvious and
if more revenue through the use of the room tax is desired
by the County, then advertising and promotion to increase
the most productive and efficient revenue generator,
tourism, is the place for the additional tax.
-Is it fair to lay the burden of the increased waste dis-
posal solely on the 145 persons and businesses who in
September 1990 were the source of the County's room tax?
-Will the increase of the room occupancy tax encourage
tourists to visit neighboring beaches?
-The Convention & Visitors
ipate in drafting of the
occupancy tax, particularly
funds.
Bureau would like to partic-
proposed increase in the room
in the allocation of the
Commissioner Sutton stated the revised local bill is an
attempt to increase the fees contributed to the Convention &
Visitors Bureau and inquired as to why this amended bill is not
completely satisfactory to the Board of Directors.
Captain Conlon commented on not being informed of the
amended bill and stated he was responding to the article written
in the Sunday edition of the Star-News which did not indicate the
Convention & Visitors Bureau would receive an additional funding
allocation.
.
County Manager O'Neal stated the newspaper did not have
privy to the amended bill and commented on the direct
relationship between tourist traffic and increased garbage which
impacts greatly on the landfill usage and incineration.
Captain Conlon expressed appreciation to the County for
amending the proposed bill and stated in its present form it is
acceptable; however, attractions will probably be negatively
impacted during the first year because of advance advertising of
rates.
Chairman Retchin emphasized the cost of disposing of solid
waste and stated the revenue generated from the proposed increase
of the room occupancy tax will allow the County to reduce the
proposed tipping fee for the next budget year from $60 per ton to
$50 per ton which will be a savings to the citizens of the
County.
.
Motion: After further discussion, Chairman Retchin MOVED,
SECONDED by Commissioner Sutton to approve the revised enabling
act to levy an additional three percent (3%) room occupancy and
tourism development tax with distribution of revenues received as
follows: (1) Seventy-five percent (75%) to be used to defray the
expense of solid waste disposal; and (2) twenty-five percent
(25%) to be used by the Convention & Visitors Bureau to promote
travel and tourism. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Approval of Enabling Legislation to Authorize New Hanover County
to Levy a One Percent (1%) Prepared Food and Beverage Tax
Chairman Retchin stated the proposed one percent (1%) food
and beverage tax will assist the County in reducing the ad
valorem tax with net proceeds being used for public purposes
only.
Motion: After discussion of this tax being implemented by other
counties, Chairman Retchin MOVED, SECONDED by Vice-Chairman
Mathews to approve the proposed enabling legislation to allow the
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OF REGULAR MEETING, MARCH 25, 1991 (CONTINUED)
County to levy a one percent (1%) prepared food and beverage tax.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Retchin recessed the meeting for a break from 10:50
o'clock A.M. to 11:08 o'clock A.M.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Chairman Retchin recessed the Regular Meeting to hold a
meeting of the Water & Sewer District from 11:09 o'clock A.M. to
11:26 o'clock A.M.
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COMMITTEE APPOINTMENTS
Appointment of Eleanor M. Greentree and Reappointment of Jewell
G. Floyd to Serve on the Nursing Home Advisory Committee
Motion: Chairman Retchin MOVED, SECONDED by Commissioner
Barfield to appoint Eleanor M. Greentree to serve an initial
one-year term on the Nursing Home Advisory Committee. The term
will expire March 25, 1992. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner
Barfield to reappoint Jewell G. Floyd to serve a three-year term
on the Nursing Home Advisory Committee. The term will expire
April 1, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS
Suggestion for Use of the Former Timme Building to House the Jail
Chairman Retchin stated he received a call from a citizen
requesting the Board to consider using the former Timme Building
for housing the jail. Other members of the Board stated they had
also received the same call.
o
Adoption of Resolution Encouraging County Departments, Boards,
Agencies and Committees to Utilize the Services of Local
Professionals and Businesses
Commissioner Sutton requested adoption of a resolution that
would encourage County Departments, Boards, Agencies, and
Committees appointed or funded by New Hanover County to utilize
the services of local professionals and to purchase supplies and
equipment from local businesses to the maximum extent possible
whenever quality, price, and availability are equal to that of
services, supplies, and equipment outside of New Hanover County.
Motion: After discussion, Commissioner Sutton MOVED, SECONDED by
Chairman Retchin to adopt the resolution as presented with a copy
being forwarded to all County Departments, Boards, Agencies, and
Committees appointed or funded by New Hanover County. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 2.
ADDITIONAL ITEMS - COUNTY MANAGER
April 1, 1991, Meeting Scheduled to Begin at 7:00 P.M.
County Manager O'Neal requested the Board to begin the April
1,1991, meeting at 7:00 P.M. instead of 7:30 P.M. due to the
length of the agenda.
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Consensus: It was the consensus of the Board to begin the April
1, 1991, meeting at 7:00 P.M.
Approval of Budget Amendment #91-0205
County Manager O'Neal requested approval of a Budget
Amendment representing identified budget cuts from the various
departments due to the predicted State funding shortfall. He
MINUTES OF REGULAR MEETING, MARCH 25, 1991 (CONTINUED)
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: 405
complimented the department heads for their cooperation in
meeting the budget cuts.
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman
Mathews to approve the following Budget Amendment. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
#91-0205 Various Departments
Debit
Credit
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Non-Departmental
Administrative Reserve
$746,351
DSS/Administration
Administrative Grant
$105,268
County Manager's Office
Salaries & Wages
Training & Travel
$ 25,000
$ 1,000
$ 2,400
$ 100
$ 40,000
$ 42,275
$ 3,000
$ 217
$ 35,000
$ 10,000
$ 930
$100,000
$ 576
$ 350
$ 322
$ 700
$ 300
$ 500
$150,000
$ 10,000
$ 2,000
$ 500
$ 1,000
$ 700
$ 5,000
$ 3,300
$ 400
$ 30,000
$ 600
$ 600
$160,000
Human Resources
Advertising
Capital Outlay - Equipment
Finance
Contracted Services
Garage
For Resale
Salaries & Wages
Capital Outlay - Equipment
Engineering
Salaries & Wages
Contracted Services
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County Commissioners' Office
Contracted Services
Sheriff's Department
Salaries & Wages
Emergency Management Services
Capital Outlay - Equipment
Advertising
Contracted Services
Telephones
Departmental Supplies
Training & Travel
Emergency Medical Services
Salaries & Wages
Inspections
Salaries & Wages
Contracted Services
Postage
Departmental Supplies
Dues & Subscriptions
Training & Travel
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Juvenile Services
Salaries & Wages
Printing
Planning
Salaries & Wages
Agricultural Extension
Maintenance & Repair - Auto
Employee Reimbursement
DSS/Administration
Salaries & Wages
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4 O@w'rES OF REGULAR MEETING, MARCH 25, 1991 ( CONTINUED)
DSS/Title XIX Medical Transportation
Medical Transportation
Parks
Salaries & Wages
$ 37,268
$ 60,000
$ 1,053
$ 500
$ 2,000
$ 500 ()
$ 200
$ 300
$ 10,000
$ 3,000
$ 57,000
$ 10,830
$ 1,896
$ 1,000
$ 450
$ 300
$ 1,675
$ 793
$ 36,084 ()
identified as
This was done
Budget. Net
DSS/Child Day Care
Child Day Care
Human Relations
Contracted Services
Departmental Supplies
Salaries & Wages
Aging/RSVP
Training & Travel
Aging/Senior Center
Contracted Services
Aging/Nutrition - Congregate
Training & Travel
Library
Maintenance & Repair - Buildings
Training & Travel
Contracted Services
Salaries & Wages
Museum
Telephone
Printing
Dues & Subscriptions
Employee Reimbursement
Training & Travel
capital outlay - Equipment
Purpose: To transfer funds that department heads
available to an administrative reserve line item.
to offset revenue shortfalls in the FY 1990-91
savings in County dollars from DSS is $152,000.
Approval of Funding Request for New Hanover County to Participate
in the NICKEL OFFENSE Program
County Manager O'Neal requested the Board to participate in
NICKEL OFFENSE, a program designed to tell the story of local
government to North Carolina's future voters. The Civic
Education Project is sponsored by the North Carolina City and
County Management Association as well as by the N. C. Association
of County commissioners and the N. C. League of Municipalities.
students in 9th grade civics classes will be provided materials
on local government. New Hanover County's share will be $2,824
over the next two budget years effective 1991-92.
Motion: After discussion of the importance of teaching 9th grade
Civic Students more about local governments, Chairman Retchin
MOVED, SECONDED by Vice-Chairman Mathews to approve funding in
the amount of $2,824 spread over the next two years in order for
New Hanover County to participate in this worthwhile program.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
EXECUTIVE SESSION
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Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Greer to convene to Executive Session to discuss land acquisition.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session to Executive
Session at 11:30 o'clock A.M.
Motion: Commissioner Greer MOVED, SECONDED by commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
.
.
.
MINUTES OF REGULAR MEETING, MARCH 25, 1991 ( CONTINUED) '''.'
407
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Chairman Retchin reconvened to Regular Session at 12:01
o'clock P.M.
MEETING RECESSED TO HOLD AN EXECUTIVE SESSION OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Chairman Retchin recessed the Regular Meeting from 12: 02
o'clock P.M. until 12:27 o'clock P.M. to hold an Executive
Session of the Water & Sewer District.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 12:28 o'clock P.M.
Respectfully submitted,
()2A'_.0! /~
~b~ F. Harrell
Clerk to the Board
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