1991-11-18 Regular Meeting
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
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ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, November 18, 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: Commissioners Robert G. Greer; William
H. Sutton; Vice-Chairman E. L. Mathews, Jr.; Chairman Fred Retchin;
Assistant County Attorney, Wanda Copley; County Manager, Allen
O'Neal; and Clerk to the Board, Lucie F. Harrell.
Commissioner Jonathan Barfield, Sr. arrived late due to
unforeseen difficulties.
Chairman Retchin called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
County Manager Allen O'Neal led the audience in the Pledge of
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.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Greer MOVED, SECONDED by Commissioner Sutton
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Greer
Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Absent: Commissioner Barfield
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Work Session of
October 21, 1991, and the minutes of the Regular Meeting of
November 4, 1991, as presented.
Adoption of Proclamation Designating December 1-7, 1991, as
"National Home Care Week" in New Hanover County - Health Department
The Commissioners adopted a proclamation designating December
1-7, 1991, as "National Home Care Week" in New Hanover County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 23.
Release of Penalties and Value Adjustments of Properties - Tax
Department
The Commissioners released the following penalties as
recommended by the Tax Administrator due to taxpayers certifying
they made valid listings during the listing period:
Ennis, G. R., Jr.
Marvil Package Co. d/b/a Talley Corbett Box Co.
Nelson, Christopher Glen
Spears, Margaret M.
$70.50
$ 6.09
$ 3.29
$12.66
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
7-07
The Commissioners granted Senior Citizen/Disability Exclusions
to the following taxpayers as recommended by the Tax Administrator:
Harts, Pauline
Harvey, Lonie L.
Womble, J. G., Heirs
Mills, David R.
$12,000
$12,000
$12,000
$12,000
The Commissioners approved value adjustments on the following
properties because of conditions that had not been brought to the
attention of the Tax Department:
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Aldridge, Michael Blount
Finch, Chad Sherwood
Jabr, Shawkat M.
Kreh, Marion G.
Leonard, Ernest L.
Martin, Clyde G. & Delores C.
McEachern, Staurt D., III
Price, Joseph B. Jr. & Neva H.
$
$
$
$
$ 532
$23,230
$ 7,250'
$ 1,424
4,025
6,787
395
4,785
The Commissioners released the following certification penalty
since this was the taxpayer's first offense:
Garrett, Judith Saikley
$
100
Acceptance of Tax Collection Reports
The Commissioners accepted the following Tax Collection
Reports through October 31, 1991, as submitted by the Collector of
Revenue: (1) New Hanover County Tax Collections; and (2) 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 23.
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Adoption of Resolution Accepting the Right-of-way Between Hugh
MacRae Park , Long Leaf Hills Drive
The Commissioners adopted a resolution accepting the right-of-
way between Hugh MacRae Park and Long Leaf Hills Drive.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 23.
Adoption of Resolutions for Road Additions to the State Highway
System
The Commissioners adopted resolutions for addition of the
following roads to the State Highway System:
Greens Ferry Court & Drummond Dr., section 2
Lansdowne South (File #683-N)
North Seaview Rd. & West Seaview Rd.
(File #684-N)
Beresford Court North & Barton Oaks Drive
section 1 & 2 of Barton Oaks Subdivision
(File #678-N)
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XIX, Page 23.
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Approval of Budget Amendment #92-0071 - Museum Expansion
The Commissioners approved the following Budget Amendment:
92-0071 Museum Expansion
Debit
Credit
Museum Expansion
Interest on Investments
$20,000
Contingency
$20,000
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 19'91 708
Purpose: To budget interest earnings on the Museum Expansion
Capital Project to the project's contingency account.
Budget Amendment #92-0074 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
92-0074 Non-Departmental/Inspections
Debit
Credit
Non-Departmental
Retirement - Military $ 2,620
Inspections Department
Salaries and Wages
$ 2,620
Purpose: Transfer of funds for military retirement contribution.
(For accounting purposes only).
Approval of Budget Amendment #92-0075 Human services
Transportation Plan
The Commissioners approved the following Budget Amendment:
92-0075 Human Services Transportation Plan
Debit
Credit
Human Services Transportation Plan
TAP - Medicaid $ 4,218
Transportation - Elderly & Handicapped $ 28,269
TAP - Medicaid
TAP - Elderly
TAP - Handicapped
$ 4,218
$17,598
$10,671
Purpose: To budget additional funds for the Human Services
Transportation Plan. New Medicaid funds are being budgeted for
medical assistance transportation in the amount of $4,218. The FY
1991-92 Elderly and Handicapped Grant is also being budgeted in the
amount of $28,269.
Approval of Budget Amendment #92-0076 community Based
Alternatives Agencies
The Commissioners approved the following Budget Amendment:
92-0076 community Based Alternatives Agencies
Debit
Credit
Community Based Alternatives Aqencies'
CBA Grants $ 1,697
After School Enrichment Program
Big Buddy Program
$ 1,197
500
Purpose: To budget remaining FY 1991-92 CBA
recommendation was made by the Human Services
Committee at its meeting of November 5, 1991.
required.
funds. The funding
Allocation Advisory
No county funds are
Ratification of Law Enforcement Contract #92-0217 Between New
Hanover county, the New Hanover County Alcoholic Beverage Control
Board, and the Sheriff of New Hanover County
The Commissioners ratified the contract between New Hanover
County, the New Hanover County Alcoholic Beverage Control Board,
and the Sheriff of New Hanover County. This contract sets forth
the terms under which the Sheriff will provide ABC law enforcement
in New Hanover County,.
A copy of the contract is on file in the Legal Department.
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M~NUTES OF REGULAR MEETING, NOVEMBER 18, 1991
709
Approval of Contract #92-0206 with Medical Transportation
specialists, Inc.
The Commissioners approved the annual contract with Medical
Transportation Specialists, Inc. to provide scheduled non-emergency
ambulance service within New Hanover County and non-emergency and
emergency ambulance service originating within New Hanover County
with an out-of-county destination. The negotiated amount of
$40,000 is a significant reduction from FY 1990-91's contribution
of $132,000. The Chairman was authorized to execute the contract
documents.
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A copy of the contract is on file in the Legal Department.
Award of Contract #92-0203 to Low Bidder, Elevator Specialists of
Carolina, Inc. for Elevator Maintenance and Service
The Commissioners awarded the low bid to Elevator Specialists
of Carolina, Inc. in the amount of $1,490 for maintenance and
service to 15 county elevators and two dumbwaiters for a period of
two years. The Chairman was authorized to execute the contract
documents. The following bids were received:
Dover Elevator
Eastern Elevator
Elevator Sales & Service
Elevator Specialists of Carolina
$1,890
$1,697
$2,050
$1,490
A copy of the contract is on file in the Legal Department.
RECOGNITION OF NEW COUNTY EMPLOYEES
County Manager O'Neal recognized the following new County
employees:
Terri Carr
Lisa Horne
Patrick Lowe
John Davis
Islah Speller
Darryl Martin
Steven Cavanaugh
Dewey Gray
Health Department
Planning Department
Planning Department
Health Department
Health Department
Water & Sewer Finance
Tax Department
Inspections
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Chairman Retchin welcomed the new employees and wished them a
long tenure serving the citizens of New Hanover County.
PRESENTATION OF RETIREMENT PLAQUE TO LAWRENCE A. MANNING
Chairman Retchin, on behalf of the Board, presented a
retirement plaque to Detective Lawrence A. Manning for 16 years of
law enforcement service in the New Hanover County Sheriff's
Department. He wished him a happy and well deserved retirement.
STATUS REPORT ON GROUNDWATER STUDIES
Assistant County manager, Dave Weaver, presented a status
report on groundwater studies and stated since 1982 the following
action has been taken to protect the Castle Hayne Aquifer:
-Completion of zoning of the Castle Hayne area.
-Creation of large lot zoning under a Rural Agriculture
District with 30,000 sq. ft. minimum lot size.
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-Consideration of aquifer protection in rezonings.
-Development of limited drainage controls that will assist in
aquifer recharge.
-Development of aquifer protection policies in the Land-Use
Plan.
-Expansion of the sewer system to eliminate septic system
pollution.
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
710
-Publishing of 1989 report, "Drinking Water in New Hanover
County" .
-Unsuccessful effort to obtain a state grant with the Cape
Fear Council of Governments to develop groundwater protection
regulations.
The County entered into negotiation with the U. S. Geological
Survey in the Spring of 1990 for performance of a study; however,
due to an estimated cost of $275,000, the County decided not to
enter into the agreement. As of Friday afternoon, the County has
been requested by the Council of Governments to re-apply for a
State grant to develop groundwater protection regulations;
therefore, Staff would recommend re-applying for the State grant
through the Council of Governments and continue to negotiate with
the U. S. Geological Survey for performance of a study at a lower
cost.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED by. Chairman Retchin to direct the County Administrative
Staff to re-apply for the State grant with the Council of
Governments and continue to review options available to study and
protect the Castle Hayne Aquifer, including re-negotiation with the
U. S. Geological Survey. The floor was opened for discussion.
Vice-Chairman Mathews inquired as to what will happen if the
State grant is not obtained and stressed the importance of
performing the study.
Chairman Retchin stated the Council of Governments has urged
the County to re-apply for the State grant; therefore, it is felt
the grant will be awarded.
Assistant County Manager Weaver stated the State grant with
the Cape Fear Council of Governments would be for development of
regulations that will protect the groundwater and minimize the
possible contamination of the groundwater. The study with the U.
S. Geological survey would focus on the quantity of the water in
the aquifer and define the boundary where the fresh groundwater
system and saline water system interface.
Chairman Retchin called for a vote on the MOTION to direct the
Administrative Staff to negotiate and explore all options available
for performance of a groundwater study and re-apply for the State
grant. Upon vote,. the MOTION CARRIED AS FOLLOWS:
Voting Aye:
Commissioner Greer
Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Absent:
commissioner Barfield
ENDORSEMENT OF AMENDMENT TO GENERAL STATUTE 153A-77 TO ALLOW
COUNTIES TO CONSOLIDATE POWERS OF ADVISORY BOARDS UNDER THE
JURISDICTION OF THE BOARD OF COUNTY COMMISSIONERS
Chairman Retchin stated Moore County has requested counties
throughout the State to endorse an amendment to General Statute
153A-77 to change the current population requirement to allow
counties the option to consolidate powers of the Board of Social
Services, and other such advisory boards, under the jurisdiction of
the Board of County Commissioners. The ,s~atute currently provides
this authority to counties with a population "in access of 425,000"
which applies only to Mecklenburg County.
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to )Oln in with Moore County and endorse preparation of an
amendment to General statute 153A-77 to amend the population
requirement to allow any county the option of consolidating the
powers of the Board of Social Services, and other such advisory
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
711
boards, under
Commissioners.
the j ur isdiction of the Board
The floor was opened for discussion:
County
of
Commissioner sutton stated if the County is to be financially
responsible for the human services departments and mandated by the
federal government to pay fines for job performance ratings, the
County should have control over these departments to provide
accountability.
Chairman Retchin called for a vote on the MOTION. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Greer
commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Absent: Commissioner Barfield
ADOPTION OF A COUNTY ORDINANCE UPON THE FIRST READING, ADDING
ARTICLE IX, "REGULATION OF LIQUEFIED PETROLEUM TANKS" TO CHAPTER 5
OF THE NEW HANOVER COUNTY CODE - INSPECTIONS DEPARTMENT
Director of Inspections, Sky Conklin, stated as a result of
recent code changes, local Inspection Departments no longer have
authority to permit and inspect liquefied petroleum tank
installations. This function is now the sole responsibility of the
N. C. Department of Agriculture. At the present time, the
Department of Agriculture has six (6) inspectors to cover the
entire state for all propane installations; therefore, it is not
possible to inspect every installation prior to LP gas service
being rendered. Under GS 119-55, local jurisdictions can adopt an
ordinance complying to the Department of Agriculture's regulations
through a cooperative agreement. After review, the Inspections
Department highly recommends adoption of the proposed ordinance due
to the number of liquefied petroleum tanks being installed without
proper inspection. Also, it is important to know where propane
tanks are located throughout the County in order to administer
safety procedures during hurricane driven flood waters.
Commissioner Greer inquired as to why the County should
regulate this installation when it is a function of the State
Department of Agriculture?
Inspections Director Conklin stated due to liquefied petroleum
being a very volatile and inflammable material, it is imperative to
regulate the installation and handling of this product in order to
protect the general public. with the shortage of State inspectors,
it is not possible for the Department of Agriculture to adequately
inspect installation and handling procedures.
ARRIVAL OF COMMISSIONER JONATHAN BARFIELD, SR.
Commissioner Barfield arrived at 9:30 o'clock A.M.
Motion: After discussion of the danger involved to the general
public with improper installation of propane tanks, Vice-Chairman
Mathews MOVED, SECONDED by Chairman Retchin to amend the New
Hanover County Code of Ordinances by adding Article IX, "Regulation
of L.P. Tanks" to Chapter 5 as submitted by the Inspections
Director. The floor was opened fqr discussion.
Mr. Jim Mizelle, a L. P. Gas Engineer Division Head with the
N. C. Department of Agriculture, expressed no opposition to the
proposed ordinance and requested that the Department of Agriculture
be allowed to participate in the training of L.P. Inspectors.
Commissioner Barfield inquired as to the fee charged by the
Inspections Department for a liquefied propane tank installation
permit? Inspections Director Conklin stated the fee is $25 for
each tank installed and no charge for refills.
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
712
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commissioner sutton commented on the need for proper
inspection of the liquefied propane tanks and expressed no
opposition to the proposed ordinance if adopted contingent upon a
12-month review to see if the state has hired enough inspectors to
adequately provide this service.
Motion Amended: Vice-Chairman Mathews amended the MOTION, SECONDED
by Chairman Retchin to adopt the ordinance as submitted with a 12-
month review to see if the County should continue to permit and
inspect liquefied propane tank installations. Upon vote, the
MOTION CARRIED UNANIMOUSLY AND THE ORDINANCE WAS ADOPTED UPON THE
FIRST READING.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 24.
TAX VALUE UPHELD ON APPEAL OF DISCOVERED VALUE SUBMITTED BY ROBERT
WOLFE, JR.
Tax Administrator, Roland Register, requested the Board to
uphold discovery values and tax penal ties assessed by the Tax
Department on the commercial party boat owned by Robert Wolfe, Jr.
since the appellant is not present and no marine survey has been
received within the 30-day time frame.
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Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Greer to uphold the discovery values and tax penalties as assessed
by the Tax Department on a commercial party boat owned by Robert
Wolfe, Jr. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPEALS OF VALUE FROM TAX MANAGEMENT ASSOCIATES, INC.'S AUDITS
Tax Administrator, Roland Register, stated release of values
are confined by GS 105-381 to a clerical error, illegal tax, or a
tax levied for an illegal purpose. The Board is prohibited from
releasing, refunding, or compromising all or any portion of the
taxes unless expressly provided by the general statutes. Due to
court cases involving discretion of the Board, equal protection by
the law requires a uniformity of discretion and action that can be
afforded everyone on a consistent basis.
Tax Appeal by Hanover Iron Works, Inc.
Tax Administrator, Roland Register, stated this appeal is
based upon the discovery and taxation of the contractor's
inventory. Hanover Iron Works, Inc. is appealing the discovery on
the basis that the inventory in question is exempted by State law
as of 1987 since there is a fine line between construction
inventories and manufactured inventories. An opinion rendered by
the N. C. Department of Revenue recommends that the County uphold
the taxation of contractors inventories since the statute does not
specifically exempt the inventories held by contractors.
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A lengthy discussion was held on the intent of the State law
and insufficient information on the appeal. Tax Administrator
Register stated the N. C. Department of Revenue has rendered the
opinion that materials or supplies owned by contractors and used in
the completion of contracts do not qualify as inventory under the
statute and are therefore subject to taxation. It is important to
note that the N. C. Property Tax Commission has been consistent in
upholding this position.
Tax Administrator Register recommended upholding the taxes and
penalties assessed since the statute does not specifically exempt
inventories held by contractors. The appellant can then appeal to
the N. C. Property Tax Commission where a decision can be rendered.
Mr. Joseph W. Husbands, Controller for Hanover Iron Works,
Inc., commented on regulations governing inventories and presented
the following issues:
-Hanover Iron Works, Inc.'s inventories are broken into
two main categorie~, supplies and work-in-process. The
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991 713
supplies consist of metal sheets, tar, fasteners, PVC
fittings, grilles, registers, etc. all of which are
common items that go into the makeup of the products
which are sold in the form of a finished roof or HVAC
system. The work-in-process items are further broken
down into labor, material and subcontracts, all of which
have been charged to a specific job and will become part
of the bill of sale when sold to the customer. The state
law clearly states that manufactured inventories will be \0--
exempt since they are part of the finished product. The ~
law does not mention how construction inventories are to
be handled; however, Hanover Iron Works contends that the
only basic difference between construction inventories
and manufactured inventories is the location in which the
product is built. In the case of a manufacturing
concern, the components of labor, material and supplies
(those becoming part of the product) are normally
produced inside a structure, whereas, the same types of
construction inventories also go into the makeup of a
finished roof or HVAC system.
-Hanover Iron Works, Inc. contends there is a fine line
between manufacturing and construction that is not
clearly defined in the state law.
-Intent of the state law: At the time the law was
passed, there was a capital surplus and Governor Martin
was using the elimination of the tax on inventories as a
method to rebate the surplus to the customer by this tax
not being passed to manufacturing customers and,
therefore, being passed to the consumer. The same logic
can be applied to construction customers, and it is
Hanover Iron Works' belief that the law's intention was
to do that. It is clear from the listing on the tax
return that the supplies indicated are supplies for a
company's own use, which have been reported correctly.
Supplies that are clearly used to be a part of the job
and are passed on to the customer are for resale and are
therefore tax exempt.
Consensus: After a lengthy discussion on the intent of the law and
the need for additional information, it was the consensus of the
Board to direct the Tax Administrator to meet with representatives
of Hanover Iron Works, Inc. to provide the actual inventory listed
and where discrepancies exist in order for the Board to have
sufficient information to render a decision.
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Tax Appeal of Value from Lyndale Enterprises, Inc. d/b/a Bellamy
Drug Company
Tax Administrator Register recommended release of the penalty
on the inventory discovered only-due to errors and omissions by the
County staff. The adjusted value from charging the appropriate
FIFO method should be upheld as taxable.
Mr. Jimmy Millis, representing Bellamy Drugs, expressed no
opposition to the recommendation by the Tax Administrator.
Consensus: It was the consensus of the Board to uphold the
recommendation of the Tax Department and release the penalty only
on the inventory discovery and uphold the adjusted value from
charging the appropriate FIFO method as taxable.
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BREAK
Chairman Retchin convened from Regular Session for a break
from 10:20 o'clock A.M. until 10:45 o'clock A.M.
DISCUSSION OF STATE LAW GOVERNING EXEMPTION OF INVENTORIES
Chairman Retchin stated after discussion of the intent of the
State law governing the repeal of the inventory tax during the
break, the question to be addressed is whether Hanover Iron Works'
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
714
inventories are taxable under the current law. In his opinion, the
intent of the law is that inventory to be sold to the consumer,
regardless of what stage it is in, should be exempt from the
inventory tax. He recommended revisiting the appeal by Hanover
Iron Works, Inc.
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Tax Administrator Register urged the Board to uphold the taxes
and penalties assessed to Hanover Iron Works, Inc. since the
statute does not specifically exempt inventories held by
contractors. The appellant can then appeal to the N. C. Property
Tax Commission for a ruling in this case. He cautioned making a
decision of this type on the local level and stated every
contractor in New Hanover County that has reported these types of
inventories and has been charged will be eligible for a refund.
Motion:
penalties
to appeal
floor was
Vice-Chairman Mathews MOVED, to uphold the taxes and
to Hanover Iron Works, Inc. in order to allow the company
to the N. C. Property Tax Commission for a ruling. The
opened for discussion.
Motion withdrawn: After discussion of legal expenses that would be
incurred by Hanover Iron.Works, Inc. in filing an appeal, Vice-
Chairman Mathews withdrew the MOTION.
Discussion was held on finding other available options in
order to avoid legal expenses for Hanover Iron Works, Inc.
Tax Administrator Register offered to invite the Attorney and
Property Valuation Specialists of the N. C. Department of Revenue
to attend a Work Session and discuss the intent of the law with the
Board of County Commissioners.
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Commissioner Barfield recommended involving the local
legislative delegation, particularly those involved with writing
the enabling legislation.
Consensus: After further discussion, it was the consensus of the
Board to schedule a Work Session following the Regular Meeting of
December 16, 1991, at 1:00 P.M. to discuss the intent of the law
governing the repeal of the inventory tax with officials from the
N. C. Department of Revenue and the local legislative delegation.
DENIAL OF SITUS APPEAL BY RAYMOND GARRISON, JR.
Tax Administrator Register recommended denial of the situs
appeal filed by Raymond Garrison, Jr., since he has been notified
of the time and date of the appeal and is not present.
Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman
Mathews to deny the appeal filed by Mr. Raymond Garrison, Jr. and
uphold the taxable situs. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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AUTHORIZATION FOR TAX ADMINISTRATOR TO ISSUE SUBPOeNAS TO
BUSINESSES REFUSING TO ALLOW TAX MANAGEMENT ASSOCIATES, INC. TO
AUDIT RECORDS
Tax Administrator Register requested authorization to issue
subpoenas to businesses that refuse to allow Tax Management
Associates, Inc. to audit records. The subpoenas will require
individuals to appear in person and produce the necessary documents
to the Tax Department.
Consensus: After discussion, it was the consensus of the Board to
authorize the Tax Administrator to issue subpoenas duly executed by
the Chairman of the Board of County Commissioners to businesses
refusing to allow Tax Management Associates, Inc. to audit records.
APPROVAL OF CHANGE ORDER #1 TO POST, BUCKLEY, SCHUH & JERNIGAN FOR
MODIFICATION OF LANDFILL CELL #4 CONSTRUCTION DRAWINGS
Director of Environmental Management, Ray Church, requested
approval of Change Order #1 in the amount of $15,000 for
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
715
modification of the construction drawings for Landfill Cell #4 to
change the plan to fit the access road.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to approve Change Order #1 in the amount of
$15,000 to the Post, Buckley, Schuh & Jernigan for modification of
construction drawings for Landfill Cell #4 contingent upon final
approval by the Legal Department. The Chairman was authorized to
execute the contract documents.
A copy of Change Order #1 is on file in the Legal Department.
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APPROVAL OF CONTRACT #92-0219 WITH MCKIM , CREED ENGINEERS FOR
STORMWATER DESIGN SERVICES AT THE WASTE-TO-ENERGY FACILITY
Director of Environmental Management, Ray Church, requested
approval of a contract with McKim & Creed Engineers in the amount
of $3,400 to design a stormwater drainage modification to control
severe erosion and flooding problems being experienced in the
basement of the old plant.
Vice-Chairman Mathews inquired as to the estimated cost of
construction for correction of the stormwater problems, and asked
if this was an oversight in the original design of the old plant?
Director Church estimated the cost to be between $20,000 to $30,000
and stated the drainage problem should have been addressed in the
design of the plant.
Motion: After discussion, Commissioner Sutton MOVED, SECONDED by
Chairman Retchin to approve the contract wi th McKim & Creed
Engineers in the amount of $3,400 for stormwater design services at
the Waste-to-Energy Facility contingent upon final approval by the
Legal Department. The Chairman was authorized to execute the
contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the Legal Department.
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COMMITTEE APPOINTMENTS
Appointment of Olga R. Wheatley to the Cape Fear Museum Board of
Trustees
Chairman Retchin statect five applications have been received
to fill one unexpired term on the Cape Fear Museum Board of
Trustees due to the resignation of Lorraine Means. The Museum
Board has recommended the appointment of Olga R. Wheat.ley.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
sutton to accept the recommendation of the Museum Board of Trustees
and appoint Olga R. Wheatley to serve the unexpired term of
Lorraine Means. The term will expire June 30, 1992. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Reappointment of Steve M. Miller to Serve on the New Hanover County
Plumbing Board of Examiners
Chairman Retchin stated Steve M. Miller has requested to be
reappointed to serve another term on the Plumbing Board of
Examiners. No other applications have been received.
Motion: Commissioner sutton MOVED, SECONDED by Vice-Chairman
Mathews to reappoint Steve M. Miller to serve a 3-year term on the
New Hanover County Plumbing Board of Examiners. The term is to
expire December 1, 1994. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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Appointment of John Watkins, Sr. to Serve on the New Hanover county
zoning Board of Adjustment
Chairman Retchin stated seven applications have been received
to fill the vacancy on the Zoning Board of Adjustment with two of
the applicants presently serving as alternates.
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
716
Motion: . Commissioner Greer MOVED,
Barfield to appoint John Watkins, Sr.
discussion.
SECONDED by Commissioner
The floor was opened for
.
vice-Chairman Mathews stated due to the responsibilities of
this board, he would prefer an alternate being appointed to fill
the vacancy.
Substi tute Motion: Chair~an Retchin MOVED, SECONDED by Vice-
Chairman Mathews to appoint Joy Miller, presently serving as an
alternate, to fill the vacancy. Upon vote, the MOTION DID CARRY
DUE TO NOT RECEIVING A MAJORITY VOTE.
Chairman Retchin called for a vote on the ORIGINAL MOTION to
appoint John Watkins, Sr. to serve a 3-year term on the Zoning
Board of Adjustment with the term expiring November 15, 1994. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Motion:
convene
Hanover
CARRIED
Chairman Retchin MOVED, SECONDED by Commissioner Greer to
from Regular Session to hold a Regular Meeting of the New
County Water & Sewer District. Upon vote, the MOTION
UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 11:20
o'clock A.M.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner Greer to
reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
.
Chairman Retchin reconvened to Regular Session at 11:29
o'clock A.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Advertising Cost in Local Newspapers
Chairman Retchin commented on the cost of advertising the
agenda in the "Neighbors Edition" of the Wilmington Star-News and
recommended that the County discontinue publication of the agenda.
He also requested consideration of publishing all legal notices in
the "Neighbors Section" of the newspaper in order to reduce the
cost.
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to discontinue publishing the agenda in the "Neighbors Edition" of
the Wilmington Star-News. The floor was opened for discussion.
Commissioner Sutton recommended further negotiation with the
newspaper for a reduction in cost and emphasized the importance of
keeping the. public informed on current issues being addressed by
the Board.
Motion withdrawn: Chairman Retchin withdrew his MOTION.
.
After further discussion, Chairman Retchin recommended
preparing a partial agenda of non-routine items for publication.
Consensus: It was the consensus of the Board to reduce the cost of
publishing the agenda in the "Neighbors Edition" of the Star-News
by decreasing the size.of the agenda through publication of non-
routine items only.
Motion: After further discussion, Chairman Retchin MOVED, SECONDED
by Commissioner Sutton to establish a policy directing Staff to
publish legal notices in the "Neighbors Edition" of the Star-News
instead of the classified section. Advertisements required by law
(
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MINUTES OF REGULAR MEETING, NOVEMBER 18, 1991
;Z~'b7:
for publication in the legal section of the classified ads will be
exempt. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Substance Abuse Treatment and Funding of Programs
Commissioner Barfield commented on the treatment of substance
abuse by the Southeastern Center and requested the County Manager
to provide a list of funding allocations to other agencies and the
types of services being rendered by those organizations. He
emphasized the importance of funds being directed to a facility,
such as the Southeastern Center, where clients can receive
qualified and professional services.
()
County Manager O'Neal recommended a review of agencies being
funded for substance abuse control as an agenda item for a regular
board meeting.
Consensus: After further discussion, it was the consensus of the
Board to review County funding of substance abuse control
organizations and programs at the meeting of December 2, 1991.
EXECUTIVE SESSION
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to convene from Regular Session to Executive Session to
discuss the acquisition of land. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Retchin convened from Regular Session to Executive
Session at 11:48 o'clock A.M.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman
Mathews to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
()
Chairman Retchin reconvened to Regular Session at 12:58
o'clock P.M.
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 12:59 o'clock P.M.
Q?:t~ ~
Lucie F. Harrell
Clerk to the Board
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