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1988-08-15 Regular Meeting ,I 1 1 ,., 239 MINUTES OF REGULAR MEETING, AUGUST 15, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 15, 1988, at 9:00 o'clock A.M. in the General Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Vice-Chairman, Fred Retchin; Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman 0' Neal called the meeting to order welcoming the public to the new Assembly Room. He complimented the County Administrative Staff for an excellent job in renovation of the Courthouse. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Rogers Randall, Pastor Presbyterian Church, gave the invocation. of Chestnut Street County Attorney, Robert W. Pope, led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman O'Neal asked if comment on an item not listed listed on the Consent Agenda. anyone present would like to on the Regular Agenda or an item The following issue was presented: Request to Rescind A Portion of County Ordinance Requiring Flea Market Vendors to Purchase County Privilege License Mr. Dewey Scott, Operator of the Starway Drive-In Theatre Flea Market, expressed appreciation to the Commissioners for allowing him to present his case at this time since, through error this item was not placed on the Regular Agenda. Mr. Scott expressed concern for the County electing the option under State law to require flea market vendors to purchase a County Privilege License in the amount of $25 in order to sell goods at local Flea Markets. He stated many surrounding cities and counties have elected not to exercise this option which becomes quite costly to vendors, particularly retired and disabled persons. Further concern was expressed for business being off approximately 30% due to fees being charged in the amount of $25 by both the City and County. Mr. Scott stated the City of Wilmington is going to consider rescinding the fee at a Council Meeting scheduled for tomorrow morning. He respectfully requested the County to do the same. Chairman O'Neal asked if anyone present would like to speak on this issue. The following person commented: Collector of Revenue, Ms. Pat Raynor, stated the State law automatically exempts persons selling household personal items, disabled veterans, and widows of dependent children. She recommended denying the request to rescind the privilege license fee for flea market vendors since itinerant merchants and peddlers are charged a fee to set up on a location, vacant lot, or vacant building stating all groups are similar in that they are merchants offering goods for resale. Mr. Newton Pridgen, a local vendor, stated he was not opposed to purchasing a license but was opposed to purchasing a license that would allow him to sell only three days per month and at only one flea market without being charged another $25. Tax Administrator, Roland Register, listed the following provisions of the Privilege License: 1. The Privilege License allows the vendor to set set up in any Flea Market in New Hanover County provided municipal fees are paid. ~ 24(3INUTES OF REGULAR MEETING, AUGUST 15, 1988 ( CONTINUED) 2. The $25 fee for purchase of the Privilege License is good for 365 days. 3. The vendor is not restricted to three days. The vendor can sell in one flea market for three days and move to another flea market for three days. Mr. Pridgen requested the Commissioners to rescind or reduce the license fee for flea market vendors stating a majority of flea markets run for three days per week with a number of those days lost due to bad weather. ~ Discussion was held on enforcement of the ordinance. Ms. ~-> Raynor stated the law can be enforced by review of the registration list maintained by the Operator of the Flea Market, which is required by law; and by field visits to flea markets. Further discussion was held on the possibility of the City rescinding the fee at the regularly scheduled Council Meeting tomorrow morning. Vice-Chairman Retchin stated if the City rescinds the fee, that within itself will be a relief to flea market vendors; however, he strongly feels that everyone buying goods for resale as a business is in competition with every other business in the community and that a $25 fee is nominal compared to what most businesses have to pay. Vice-Chairman Retchin MOVED, SECONDED by Chairman O'Neal to table this issue until September 19, 1988, to see what action is taken by the Wilmington City Council and to request the Tax Department to prepare a recommendation for further study and review of the issue. commissioner Barfield recommended rescinding the fee until a final determination is made. Commissioner Corbett expressed concern this meeting stating the Tax Department recommendation. for not acting has presented at a r l~ After further discussion, Chairman O'Neal called for a vote on the MOTION by Vice-Chairman Retchin to table the issue until September 19, 1988. Upon vote, THE MOTION RECEIVED A TIE VOTE WITH NO ACTION TAKEN AS FOLLOWS: Voting Aye: Vice-Chairman Retchin Chairman O'Neal Voting Nay: Commissioner Corbett Commissioner Barfield APPROVAL OF CONSENT AGENDA After discussion of Item #2, Commissioner SECONDED by Vice-Chairman Retchin to approve Consent Agenda as presented. Upon vote, the UNANIMOUSLY. Corbett MOVED, the following MOTION CARRIED CONSENT AGENDA ITEMS Adoption of Resolution Accepting Offers to Purchase Surplus Property Jointly OWned by the City and County r The Commissioners adopted a resolution accepting offers to purchase parcels as listed below representing ad valorem tax l~ values as of 1983 totaling $4,070: Tax Map Nwnber R04813-018-018.000 R04813-018-019.000 R05413-027-010.000 Location 613 N. 8th St. 615 N. 8th St. 1200 Blk. S. 6th Total Tax Value $ 960 960 St. 2,150 $4,070 ~ I I .1 MINUTES OF REGULAR MEETING, AUGUST 15, 1988 ( CONTINUED) 241 " A copy of the resolution is contained in Exhibit Book XVI, Page 29. Award of Bid to All Span for Purchase of Scales at the Landfill The Commissioners awarded the bid in the amount of $49,850 to All Span for purchase of scales at the Landfill authorizing the County Manager to execute the contract upon approval by the County Attorney. Approval of Release Deed Correcting Utility Easement on Recorded Plat at Landfall The Commissioners authorized the County Manager to execute a Release Deed correcting an utility easement on a recorded plat of villas at Landfall, Lot 33. Approval of Funding to Cape Fear optimist Girls' Softball Team Reported for Entry Into the Record A funding request in the amount of $500 submitted by the Cape Fear optimist Girls' Softball Team was approved by the Commissioners on July 28, 1988, to assist with travel expenses involved in tournament play. This action is being reported for entry into the record. Acceptance of 1987 Settlement of Tax Collections and Reappointment of Mrs. patricia J. RaYnor as Collector Revenue for 1988 The Commissioners accepted the New Hanover County Settlement of Tax Collections for 1987 and the New Hanover County Fire District Settlement of Tax Collections for 1987 as submitted by the Collector of Revenue, Mrs. patricia J. Raynor. The Commissioners reappointed Mrs. patricia J. Raynor as the Collector of Revenue for 1988 and charged her with the 1988 Tax Levy. The Chairman, Clerk to the Board, and Collector of Revenue were authorized to sign the Charge Sheet. Copies of the Settlement of Tax Collections reports are contained in Exhibit Book XVI, Page 29. Acceptance of New Hanover County Tax Collections for July 1988 The Commissioners accepted the New Hanover County Tax Collections for July, 1988, and the New Hanover County Fire District Tax Collections for July, 1988, as submitted by the Collector of Revenue. Copies of the reports are contained in Exhibit Book XVI, Page 29. Approval of Tax Abatements and Refunds The Commissioners approved tax abatements and refunds as submitted by the Tax Administrator. A copy of the report is contained in Exhibit Book XVI, Page 29. Approval of Revised Standard Operating Procedures - Brunswick Nuclear Power Plant - New Hanover County Department of Emergency Services The Commissioners approved and authorized the Chairman and County Manager to execute the revised Standard Operating Procedures for New Hanover County's Department of Emergency Services in support of the Brunswick Nuclear Power Plant. Approval of Budget Amendment to Cover Various Purchase Orders Not Completed in Previous Fiscal Year 1988/87 The Commissioners approved the following Budget Amendment to cover various purchase orders not completed in Fiscal Year 1988/87: ~ 242 MINUTES OF REGULAR MEETING, AUGUST 15, 1988 ( CONTINUED) 89-0024 Various Departments Debit Credit Governing Body Appropriated Fund Balance $121,348 Sheriff's Department/Administration Uniforms $ 2,805 11,197 12,687 32,510 14,047 2,859 12,010 500 19,695 871 5,000 325 350 5,295 1,197 Governing Body Capital Outlay - Equipment Finance Contracted Services Management Information Services Contracted Services Capital Outlay - Equipment Property Management_ Capital Outlay - Equipment Emergency Medical Services. Capital Outlay - Motor Vehicle Purchases Department of Social Services/Admin. Professional Services Capital Outlay - Equipment Library Capital Outlay - Equipment Contracted Services Parks and Recreation Other Improvements Aging/Transportation Capital Outlay - Equipment Health Department/Administration Capital Outlay - Equipment Planning Printing Charges Water & Sewer/Operating Fund Appropriated Fund Balance Capital Outlay - Equipment 8,655 8,655 68,574 68,574 26,000 26,000 Resource Recovery/Landfill Appropriated Fund Balance Contracted Services Resource Recovery/Steam Plant Appropriated Fund Balance Contracted Services ~ I I I "'~ o Rollover of outstanding purchase orders from Fiscal Year 1987/88. Items did not arrive in time to be charged to 1987/88 Budget. The 1988/89 Departmental Budgets do not have sufficient funds to cover carried over purchase orders. J:" Since items were not charged to the Fiscal Year 1987/88 Budget, expenditures for that year were reduced. PRESENTATION OF PLAQUE TO GARLAND GLADDEN FOR RECOGNITION OF SERVICE ON THE BOARD OF MECHANICAL EXAMINERS Chairman O'Neal, on behalf of the Commissioners, recognized and presented a plaque to Mr. Garland Gladden in appreciation for his service as a Charter Member of the Board of Mechanical Examiners. \ ~ I I I MINUTES OF REGULAR MEETING, AUGUST 15, 1988 (CONTINUED) 243 ~ DISCUSSION OF FUNDING SHORTFALL FOR DAY CARE SERVICES DEPARTMENT OF SOCIAL SERVICES Mr. F. Wayne Morris, Director of the Department of Social Services, gave background information on the anticipated funding shortage to provide day care services for current and future DSS clients. He stated a major problem is developing in day care funding for the Fiscal Year 1988/89 since New Hanover County's fair share allocation from the State is the same as last year. Director Morris stated with the present funding allocation of $350,262 and no additional funds expected from the State, the day care program will have to be closed by early Spring. He commented on the Welfare Reform Program and the importance of providing day care services for children of working parents stating the program presently serves 400 children with a waiting list of 600 children. Director Morris expressed appreciation to the Commissioners for listening to the dilemma stating the Board of Social Services is meeting with the local legislators to request additional state funds for the day care program. A lengthy discussion was held on the immediate need for additional funds in the next fiscal year. Commissioner Corbett recommended encouraging businesses and industries throughout the County to provide day care programs with the possibility of involving the Committee of 100 and Chamber of Commerce. Commissioner Barfield emphasized the importance of informing the public of monies saved through the provision of day care services. He stated when parents can work DSS supplements are reduced. He requested Director Morris to furnish the Commissioners figures reflecting the amount of money saved by providing day care through the Department of Social Services. After further discussion of the funding problem, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to request Director Morris to draft a letter for the Chairman's signature to our local legislators and other public officials at the State level informing them of the desperate need for additional funding in this fiscal year to provide day care services; request the Department of Social Services' staff, to work with the Chamber of Commerce and Committee of 100 to seek innovative ways to encourage businesses and industries to provide day care programs for their employees. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AMENDMENTS TO GUIDELINES FOR THE HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE Budget Officer, Ms. Cam McAbee, stated a decision should be made by the Commissioners as to whether or not they wish to continue the Human Services Allocation Advisory Committee. She presented the fOllowing recommendations for improving the quality and functions of the committee: 1. Committee members should be appointed for three- years terms. 2. Training should be provided for new committee members. 3. Reduce the number of members on the committee. 4. Perform screening of applicants before appointing in order to obtain qualified members. Vice-Chairman Retchin commented on the outstanding job performed by this committee in the past stating he felt the committee should be continued on a regular basis. ~ 24lfINUTES OF REGULAR MEETING, AUGUST 15, 1988 (CONTINUED) Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to direct Ms. Cam McAbee to prepare guidelines for the organization of a Human Services Allocation Advisory Committee on a permanent basis incorporating the above recommendations. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Vice-Chairman Retchin Chairman O'Neal Voting Nay: Commissioner Barfield n Commissioner Barfield expressed concern for asking individuals to serve on a committee which requires hours of work in preparing budget recommendations for outside agencies to be submitted to the Commissioners for final apprQval when the Board usually does not accept the recommendations. He stated since action has been taken to continue the Human Services Allocation Advisory Committee, he would like to see emphasis placed on training and informing members that their job is to present recommendations which mayor may not be accepted by the Board. APPROVAL OF ADDITIONAL FUNDING TO CAPE FEAR SUBSTANCE ABUSE TO PROVIDE BENEFITS FOR THE ALTERNATIVE TO DETENTION COUNSELOR POSITION UNDER THE ADMINISTRATIVE OFFICE OF THE COURTS Ms. Phyllis V. Roebuck, Chief Court Counselor, gave background information on creating a new County position, Alternative to Detention Counselor, stating this position has been funded previously by the state from a grant in the amount of $23,389.87 to pay the salary, FICA and operating expenses with no benefits provided. She requested the Commissioners to consider creating the position as a County position in order to provide benefits for this position which would require funding by the County in the amount of $1,675. Discussion was held on the reduction of detention days from flr-l August 14, 1987, through January 26, 1988, with a savings of l j $136,710. Ms. Roebuck stated in addition to money saved, the program enables children to remain in their own homes while being provided with quality care and attention through the Juvenile Services Division plus insuring community safety by providing a minimum of three contacts per day with each child by the Alternative to Detention Counselor. Commissioner Corbett expressed concern for establishing a County position which will be supervised by the State of North Carolina. Vice-Chairman Retchin asked if the Juvenile Services Center would be more appropriate for placement of this position. Commissioner Barfield stated this position is badly needed and should be under the supervision of the Administrative Office of the Courts. After discussion of the position being partially funded by the County and State, Commissioner Barfield MOVED, SECONDED by Chairman O'Neal to approve establishment of a new County position entitled "Alternative to Detention Counselor" to be under the supervision of the Administrative Office of the Courts with the County funding benefits in the amount of $1,675 and the State n providing salary, FICA, and operating expenses. The floor was l opened for discussion. ~ Vice-Chairman Retchin asked if the position could be under the jurisdiction of the Courts with the County funding the cost of benefits. Ms. Roebuck stated the Administrative Office of the Courts cannot be the payee for this position stating arrangements were made at the program's inception for funding to be housed through Cape Fear Substance Abuse with no provisions for her office to provide retirement, vacation, or sick leave unless the position is picked up by the County. ~ I I I MINUTES OF REGULAR MEETING, AUGUST 15, 1988 ( CONTINUED) 2 ~..5 " Vice-Chairman Retchin asked if Cape Fear Substance Abuse could be funded the additional $1,675 to provide benefits for the position. Ms. Roebuck stated she would have to check into this matter. After further SUBSTITUTE MOTION, additional funding $1,675 to provide Counselor position. discussion, Vice-Chairman Retchin OFFERED A SECONDED by Commissioner Corbett to approve to Cape Fear Substance Abuse in the amount of benefits for the Alternative to Detention The floor was opened for discussion. Commissioner Barfield agreed and withdrew his ORIGINAL MOTION. Chairman O'Neal called for a vote on the SUBSTITUTE MOTION WHICH CARRIED UNANIMOUSLY. APPROVAL OF FUNDING REQUEST BY THE ARTS COUNCIL OF THE LOWER CAPE FEAR Ms. Amy Brannock, Director of the Arts Council of the Lower Cape Fear, gave background information on the Cultural Action Plan being developed by the Arts Council stating the plan will provide a clear profile of our current cultural resources and goals for future development. She respectfully requested a one-time grant in the amount of $2,500 to establish a fund to prepare the plan stating the City of Wilmington is also being approached with the same funding request. Commissioner Corbett commented on the importance of the arts to our area stating many businesses and persons considering relocation to New Hanover County look favorably upon a community with a comprehensive plan for development of cultural resources. He also emphasized the importance of introducing children to the arts, particularly in the schools, stating some citizens are concerned for the lack of arts being presented to children attending middle schools throughout the County. Ms. Brannock stated she would see that this issue is addressed. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett, to approve the funding request in the amount of $2,500 for development of a Cultural Action Plan and establishment of a Start-up Fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment of Charles Grissom As An Extraterritorial Member of the Carolina Beach Planning and Zoning Commission Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Charles Grissom to serve as an Extraterritorial Member of the Carolina Beach Planning and Zoning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Jeffrey T. Lanier, Rhonda Reappointment of Quenton B. Hill to Serve Mechanical Examiners Vice-Chairman Retchin MOVED, SECONDED Barfield to make the following appointments Mechanical Examiners: B. Spencer, and on the Board of by Commissioner to the Board of Name Mr. Jeffrey T. Lanier Category Class I Journeyman Mechanic Term & Expiration 2-year term Expiring 8/31/90 Mr. Quenton B. Hill Gas Commercial Grease Extractor Systems 2-year term Expiring 8/31/90 Ms. Rhonda B. Spencer Class II Journeyman Mechanic 2-year term Expiring 8/31/90 ...i 24..6 MINUTES OF REGULAR MEETING, AUGUST 15, 1988 (CONTINUED) Discussion of Appointing a Representative to the National Organization on Disability Vice-Chairman Retchin MOVED to appoint Bill Jessup as a representative to the "National Organization on Disability" for a term of two years. County Manager Cooper recommended advertising the vacancy as done for any other committees stating Mr. Jessup as a Staff Director is busy and does not need the added responsibility of involving himself in attending national meetings. n Commissioner Corbett stated several members of the Human Relations Commission are active in addressing the needs of the disabled and might be interested in serving on this national organization. After further discussion, Vice-Chairman Retchin withdrew his MOTION and Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to direct the Clerk to advertise the position. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED DISTRICT Vice-Chairman Corbett to convene Water and Sewer UNANIMOUSLY. TO HOLD A MEETING OF THE WATER AND SEWER Retchin MOVED, SECONDED by Commissioner from Regular Session to hold a meeting of the District. Upon vote, the MOTION CARRIED Chairman O'Neal convened from Regular Session at 10:45 o'clock A.M. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened to Regular Session at 10:55 o'clock A.M. n ADDITIONAL ITEMS - COUNTY COMMISSIONERS Authorization for Chairman to Write Letter of Support for Establishment of "NO WAKE ZONE" Along the Northeast Cape Fear River As Requested by the Pender County Board of Commissioners Chairman 0' Neal stated the Pender County Board of Commissioners would like a letter of support from the County Commissioners to the N. C. Wildlife Resources Commission requesting establishment of a "NO WAKE ZONE" along the Cape Fear River in an area connecting the two counties at Castle Hayne and the old railroad bridge. Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to authorize the Chairman to write a letter of support to the N. C. Wildlife Resources Commission supporting the "NO WAKE ZONE" as requested by the Pender County Board of Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Guidelines to Be Followed at Special Meeting to Hear Republican Candidates Interested in Filling the Current Vacancy on the Board of Commissioners J Chairman 0' Neal presented questions and guidelines to be 'I, followed at the meeting scheduled for hearing presentations by "- Republican candidates interested in being appointed to fill the vacant seat. After discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to approve the guidelines and questions as presented and to limit each presentation to five minutes. Upon vote, the MOTION CARRIED UNANIMOUSLY. 1\. I~ MINUTES OF REGULAR MEETING, AUGUST 15, 1988 (CONTINUED) 24.7' " Reports on National Association of Counties Conference in Anaheim, California Commissioners Barfield, Corbett, and Vice-Chairman Retchin commented on the National Association of Counties Annual Conference held in Anaheim, California, stating the workshops and seminars were most informative, particularly sessions held on solid waste management and recycling. I Discussion of Utilizing Volunteer Advisory Groups Commissioner Corbett stated while speaking to an Intergovernmental Affairs Group affiliated with the Chamber of Commerce he was asked if the Commissioners would be interested in appointing volunteer advisory groups through the Chamber to assist the County in various projects that need the knowledge and expertise of individuals interested in volunteering their time. After discussion, it was the consensus of the Board to discuss this issue with the Chamber of Commerce. ADDITIONAL ITEMS - COUNTY MANAGER Update on State Funding for Cost of Management Study - Department of Social Services Assistant County Manager, Mary Gornto, stated notice has been received from the N. C. Department of Human Resources that in order to reimburse the County for a portion of the cost of the Management Study for the Department of Social Services the request will probably have to receive prior approval from the federal government. She stated the Department of Human Resources is to inform her today if federal approval will be required and that the Commissioners will be informed as soon as notification is received. I Approval of Funding to Attend 33rd Annual Meeting of the Florida Shore & Beach Preservation Association County Manager Cooper stated the 33rd Annual Meeting of the Florida Shore & Beach Preservation Association will be held at South Seas Plantation, Captiva Island, Florida, from September 14-16, 1988, and that he has contacted beach Town Councils to see if any Council Members would be interested in attending. He stated as of this date, he has not received any response; however, he would like authorization to allocate funds from the beach renourishment account to pay for costs involved. It was the consensus of the Board to authorize allocation of funds from the Beach Renourishment account as requested by the County Manager. Director of Engineering & Facilities Complimented for an outstanding Job on the New Assembly Room County Manager Cooper expressed appreciation to the Director of Engineering & Facilities, Ed Hilton, for an outstanding job in preparing the new Assembly Room. I Discussion of Joint City/County Meeting Clerk to the Board, Lucie F. Harrell, stated due to an early morning meeting scheduled at the Hilton to be attended by the City Council and Board of County Commissioners, the City has requested holding the joint meeting scheduled for Tuesday, August 30, 1988, at the Garden Room located in the Wilmington Hilton instead of the Commissioners' General Assembly Room. It was the consensus of the Board to hold the meeting on August 30, 1988, at 9:00 o'clock A.M. in the Garden Room of the Wilmington Hilton. ~ 2 4~~INUTES OF REGULAR MEETING, AUGUST 15, 1988 (CONTINUED) ADJOURNMENT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 11:25 o'clock A.M. Respectfully submitted, .~o/y~ Lucie F. Harrell Clerk to the Board ~ n \ . '- /' r--- . I / r , , '-. /' [J