1989-04-17 Regular Meeting
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MINUTES OF REGULAR MEETING, APRIL 17, 1989
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, April 17, 1989, 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.; E. L. Mathews, Jr.; Vice-Chairman, Nolan
O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert I
W. Pope; and Clerk to the Board, Lucie F. Harrell.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Larmar Brooks, Pastor of Winter Park Baptist, gave
the invocation.
County Attorney, Robert W. Pope, led the audience in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Commissioner Barfield MOVED, SECONDED by Commissioner
Corbett to approve the minutes of the Regular Meetings of April
20, 1989, and April 3, 1989, as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
WITHDRAWAL OF ITEM #12 AND ITEM #16
Chairman Retchi~ stated
removal of Item #12 since his
John David Walton would like
first meeting in May.
Mr. Harry Dorsey had requested
problem has been resolved, and Mr.
to present his tax appeal at the
It was the consensus of the Board to withdraw Item #12 as
requested and reschedule the Tax Appeal for Mr. John David Walton I
on May 1, 1989. .
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to speak on an item not listed on the Regular Agenda
or an item listed on the Consent Agenda. The following topics
were discussed:
Announcement of Award for Design of New Hanover County Courthouse
Mr. Don Yelverton, architect for renovation of the New
Hanover Courthouse, stated his firm received an award from the
North Carolina Chapter of the American Institute of Architects
for excellence in design for renovation of the Courthouse. He
complimented the County for having foresight to restore the
building to its original condition.
Appreciation Expressed for Adoption of Resolution Requesting
Middle Sound as an Outstanding Resource Water
Mr. Paul Foster, representing citizens of the Middle Sound
area, expressed appreciation to the Board for adoption of a
resolution requesting the N. C. Environmental Management
Commission to declare Middle Sound as an outstanding resource
water, independent of Topsail. He emphasized the importance of
protecting this environmentally sensitive area.
APPROVAL OF CONSENT AGENDA
Commissioner Corbett questioned Item #10, award of contract
for construction of a classroom in the EMS Building for the Cape
Fear Community College Nursing Program, asking if a penalty
clause was incorporated in the contract? He emphasized the
importance of completing this facility so the program can be
operational by September.
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Director of Engineering & Facilities, Ed Hilton,
$100 per day penalty clause is incorporated in the
documents.
stated a
contract
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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Commissioner Corbett commented on Item #8, asking if all
products are weighed? Director Hilton stated a tonnage rate is
used except for disposal of asbestos, which is measured by
yardage, and a flat rate for pickup trucks with small loads.
Commissioner Corbett commented on the volume of trash after
weekends and asked if establishment of an incentive by a
reduction in the tip fee would assist with spreading out delivery
of waste throughout the week thereby relieving heavy loads
received on Mondays? Director Hilton stated he would be glad to
review this recommendation and report back to the Board.
,.. After further discussion, Commissioner Corbett MOVED,
~ SECONDED by Commissioner Barfield to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Acceptance of Insurance Settlement Proposal for DSS Fraud Case
Involving Paul Thompson
The Commissioners accepted the $20,000 settlement as
recommended by the Wilmington-New Hanover County Insurance
Advisory Committee for the DSS fraud case involving Paul
Thompson.
Adoption of Resolutions for Addition of Roads to State Maintained
Road System
The Commissioners adopted resolutions for addition of the
following roads to the N. C. State Maintained Road System:
Eagles Nest Drive, Bethal Road and all of Marsh Hawk
Court, and Duck Haven Court located in Sections 4A
and 4B of Eagles Nest Subdivisions (Div. File #595-N).
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Shadow Branch Lane in "Beyond the Branch Subdivision"
(Div. File #597-N).
Copies of the resolutions are contained in Exhibit Book
XVII, Page 9.
Approval of Budget Amendment #89-0235 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
89-0235 Sheriff/Jail
Debit
Credit
Sheriff's Department/Administration
Jail Fees - State
$36,000
Sheriff's Department/Jail
Food Purchases
$36,000
Purpose: To budget additional funds in State Jail Fees for food
purchases.
Approval of Budget Amendment #89-0239 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
89-0239 Department of Social Services/Dependent Care Grant
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Debit
Credit
Dependent Care Grant
$ 6,536
Professional Services
Departmental Supplies
Travel, Meetings and Schools
Capital Outlay - Equipment
$ 300
300
436
5,500
Purpose: To budget grant award to
resource and referral tracking system.
establish child day care
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
Approval of Budget Amendment #89-0240 for Purchase of Land for
future Construction of the Mid-South Branch Library
The Commissioners approved the following Budget Amendment
for purchase of land for future construction of the Mid-South
Branch Library:
89-0240 Library
Debit
Credit
County Commissioners
Appropriated Fund Balance
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$70,000
Library
Land Acquisition Cost
$70,000
Purpose: To budget funds for land purchase.
Renewal of Agreement wi th Cape Fear Optimist Club for
Recreational Facilities on North Kerr Avenue
The Commissioners renewed the lease agreement between New
Hanover County and the Cape Fear optimist Club allowing the
County to perform certain maintenance work on the property. The
Chairman was authorized to execute the document.
Adoption of Proclamation Designating "Employee Health and Fitness
Day"
The Commissioners proclaimed Friday, May 19, 1989, as
"Employee Health and Fitness Day" in New Hanover County.
A copy of the resolution is contained in Exhibit Book XVII,
Page 9.
Adjustment of Tip Fees at the Landfill
The Commissioners adopted the following fee schedule
adjusting tip fees at the Landfill due to installation of scales:
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WASTE TYPE
FEE
Double Regular
Waste Rate
$30 per cubic yard
$55 per ton
$2 each
$5 for normal load
$1 minimum
Refuse requiring advanced
notice/special handling
Asbestos
Tires
Appliances
Homeowners: Pick-up load
Car
Waiver of Tip Fees for Trash from Azalea Festival Airshow
The Commissioners approved a request from the N. C. Azalea
Festival for waiving tip fees at the Steam Plant for trash
collected by Waste Management as a result of the Azalea Festival
Airshow.
Award of Contracts for Construction of Classroom in EMS Building
for Cape Fear community College Nursing Program
The Commissioners awarded the following low bids and
authorized the Chairman to execute the contracts subject to
approval by the County Attorney:
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General:
Plumbing:
HVAC:
Electrical:
Insight Builders
Kelly Plumbing
Southeastern Heating & Air
Cape Fear Electric
Total Construction
$106,490
12,735
22,743
41,830
$183,798
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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Copies of the bid tabulations are contained in Exhibit Book
XVII, Page 9.
Adoption of Resolution Endorsing House Bill 401 and Senate Bill
327 - Department of Social Services
The Commissioners adopted a resolution requesting support of
House Bill 401 and Senate Bill 327 for full funding of the
Children's Protective Services appropriation.
A copy of the resolution is contained in Exhibit Book XVII,
Page 10.
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Acceptance of Reports of Tax Collections Through March 31, 1989
The Commissioners accepted the following reports for tax
collections through March 31, 1989, as submitted by the Collector
of Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are contained in Exhibit Book XVII,
Page 10.
Acceptance of Report for Abatements and Refunds - Tax Department
The Commissioners accepted the report of abatements and
refunds as presented by the Tax Administrator.
10.
A copy of the report is contained in Exhibit Book XVII, Page
Denial of Appeals for DMV Civil Penalties
The Commissioners denied appeals for DMV Civil Penalties for
the fOllowing accounts:
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Domoney, John Nelson
Karp, Kenneth Brain
Marbry, Larry Body
Malonee, William Michael
Schillmoller, Anthony Frederick
Spencer, Brenda Jones & Edward Everett
10.
A copy of the list is contained in Exhibit Book XVII, Page
Denial of Appeal of Tax Penalties by Farrar Transfer & Storage,
Inc.
The Commissioners denied appeal for release of penalties as
requested by Farrar Transfer & Storage, Inc. as recommended by
the Tax Administrator due to the burden of responsibility resting
with the owner of property who did not respect the annual
listings or discoveries prior to imposition of the civil penalty.
APPROVAL OF CBA FUNDING RECOMMENDATION
Ms. Phyllis Roebuck, Chairman of the Human Services
Allocation Advisory Committee, presented the following funding
recommendations for FY 1989-90. She requested approval of the
following Community Based Alternatives funding recommendations in
order to meet the State's deadline of May 1, 1989.
Community Based Alternatives Funding Recommendations
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Agency FY 88-89 FY 89-90 FY 89-90
Approved Requested Recomm.
AKA-Brainstorming $ 6,704 $ 10,041 $ 10,041
Cape Fear Substance Abuse -
Crisis Line/Open House $ 74,200 $ 80,140 $ 74,200
Child Advocacy Commission -
Juvenile Restitution $ 22,000 $ 40,822 $ 26,000
Child Advocacy Commission -
Project First Stop $ 20,000 $ 20,145 $ 20,145
Family Services - Big Buddy Program $ 17,020 $ 17,850 $ 13,670
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APRIL 17, 1989 (CONTINUED)
Family Services - Northside Center
Wilmington Police Department -
Youth Crime Prevention
Total Funding Recommendation
$ 15,000
$ 7,000
$161,924
$ 17,868
$ 10,300
$197,166
$ 17,868
$ -0-
$161,924
A lengthy discussion was held on the Community Based
Alternatives funding recommendations and the amount of funds
available. Ms. Roebuck stated the Human Services Allocation
Advisory Committee was trained by Mr. Ken Foster, Administrator
of the CBA Funding Program in Raleigh, who assisted the committee
in defining specific criteria for receipt of CBA funds. She
commented on the difficulty in making funding recommendations
with the amount of money available.
Commissioner Barfield expressed concern for the Committee's
decision to recommend no funding for the Wilmington Police
Department Youth Crime Prevention Program. He emphasized the
importance of providing activities for young people during the
summer stating this program allows use of school gyms under
proper supervision and is coordinated through the Wilmington
Police Department. He stressed the importance of funding this
program, which in his opinion, is a way to combat the drug
problems being experienced in the inter-city and throughout the
county.
Chief of the Wilmington police Department, Darryl Bruestle,
stated the program has received CBA funding since 1980 with funds
being used to hire part-time supervisors to open the gyms. He
stated the program operates in the evenings and serves as a
recreational program for approximately 4,000 to 5,000 young
people.
After a lengthy discussion of the CBA recommendations,
Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to
approve the CBA funding recommendations as presented by the Human
Services Allocation Advisory Committee and authorize the County
Manager to execute the State application in order to comply with
the May 1, 1989, deadline, and to allocate $7,000 for the
Community Youth Crime Prevention Program in the 1989-90 County
Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Ms. Roebuck presented the following funding recommendations
from the County's general funds:
General Fund Human Services Funding Recommendations
Agency
Cape Fear Literacy
Cape Fear Substance Abuse
Cape" "Abuse/Rape/Crisis
Child Advocacy Commission
Community Penalties
Council on the Status of Women
Domestic Violence Shelter & Servo
Elderhaus
Families In Crisis
Family Services-Big Buddy
Family Services-Northside Center
Food Distribution Center
Katie B. Hines Senior Center
Lower Cape Fear Hospice
Sickle Cell
UCP Developmental Center
YAHWEH
FY 88-89
Approved
$0
$ 6,750
$ 14,500
$ 28,411
$ 15,400
$0
$ 20,000
$ 26,100
$ 5,000
$ $0
$ $0
$ 34,000
$ 4,000
$ 800
$ 5,000
$ 7,400
$ 15,000
FY 89-90
Requested
$ 7,350
$ 7,155
$ 17,000
$ 35,339
$ 15,000
$ 1,250
$ 40,000
$ 32,705
$ 16,409
$ 14,652
$ 16,605
$ 50,000
$ 4,000
$ 10,800
$ 5,000
$ 14,348
$ 25,000
FY 89-90
Reconun.
$ 7,350
$ 6,750
$ 14,500
$ 28,411
$ 11,270
$0
$ 20,000
$ 32,705
$0
$ 3,350
$ 10,000
$ 40,000
$0
$ 800
$0
$ 8,000
$ 10,000
**It should be noted that the Council on the Status of Women and
Sickle Cell requested funding after the deadline; therefore, the
funding applications were not reviewed by the Human Services
Allocation Advisory Committee.
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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After discussion, it was the consensus of the Commissioners
to review the General Fund Human Services recommendations during
the regular budgetary process.
After further discussion, it was the consensus of the
Commissioners to request the Human Services Allocation Advisory
Committee to submit CBA funding recommendations in advance of the
State deadline in order to allow ample time for review of the
funding requests and recommendations.
Chairman Retchin, on behalf of the Board, expressed
appreciation to the Human Services Allocation Advisory Committee
for an excellent job in reviewing the programs and preparing
funding recommendations.
PUBLIC HEARING TO CONSIDER ISSUANCE OF AN AMBULANCE FRANCHISE TO
MR. THOMAS WRIGHT
Chairman Retchin opened the Public Hearing.
Mr. Frank Emory, Attorney representing Thomas E.
requested the Chairman to allow time for rebuttal of
made during the Public Hearing.
Wright,
comments
Mr. Thomas E. Wright commented on his proposal for issuance
of an ambulance franchise to New Hanover Ambulance Service
stating the" base transport rate would be $50 plus $2 per mile
with the request for reimbursement of indigents, not persons who
refuse to pay. He requested the Commissioners to issue the
franchise as requested.
Commissioner Corbett requested Mr. Wright to explain
problems incurred in responding to calls from the Neonatal Unit
at New Hanover Memorial Hospital.
Mr. White stated Medical Transportation Specialist, Inc. was
handling neonatal calls from the hospital; however, most of the
patients were indigent and non-county residents with no form of
reimbursement to the company. He stated the services rendered
were satisfactory to the hospital, but the company could not
afford to make these calls free of charge.
Director of Public Services, Mike Waters, stated upon
receipt of the survey submitted to New Hanover Memorial Hospital,
the hospital indicated they had discontinued use of Medical
Transportation Specialist, Inc. when operated by Mr. Wright due
to conflicts over billing and reimbursement; however, they now
have resumed service under the new management.
Mr. Carter Lambeth, Attorney representing Medical
Transportation Specialist, Inc., stated the corporation has
entered into an agreement with the hospital to carry neonatal
patients for a period of three months at no charge during which
time the hospital administration will evaluate an effective way
to bill for out-of-town patients. Attorney Lambeth stated the
main problem being experienced with MTS under the supervision of
Mr. wright was no response to calls due to having no effective
billing mechanism.
Attorney Lambeth stated since Ms. Hubbard has been operating
the ambulance service they have responded to 1,023 transports
with an average of 355 transports per month. In order for the
company to operate and break even, 10 transports must be made per
day. He stated it is quite obvious that two companies would have
a difficult time staying in business and reminded the
Commissioners that no complaints have been received on the
quality of services being rendered. Attorney Lambeth requested
the Commissioners to deny issuance of another franchise based on
not enough need to support two businesses.
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Director of Public Services, Mike Waters, commented on the
survey stating the basic purpose of the report was to evaluate
the quality of services being administered by Medical
Transportation Specialist, Inc. He stated all responses received
on the survey rated the quality of services now being rendered as
average and/or above average.
Commissioner Corbett asked if a financial statement was
required when the original application was approved. Mr. Wright
stated a financial statement was not required and expressed
concern for being asked to provide a personal financial statement
with his application just recently submitted. Mr. Larry Ray,
Director of EMS, stated the County Ordinance specifically states
that the applicant shall submit an audited financial statement of
his business operations if he is currently providing an ambulance
service in New Hanover County. He stated since Mr. Wright is
currently an owner of Medical Transportation Specialist, Inc. he
was required to submit a financial statement.
Commissioner Mathews asked if Mr. Wright has complied with
other provisions of the New Hanover County Ordinance? Mr. Ray
stated Mr. Wright has met the other requirements with two areas
of concern questioned due to the County's past experience with
his company: (1) in the cover letter for the application, he
indicated he would have the controlling interest of the company
which was further questioned; and (2) a request for the specific
location and description of place or places for operation of the
service, which Mr. Wright has refused to divulge.
Commissioner Corbett asked Director Ray if the question of
need has been addressed? Director Ray stated the need for an
additional non-emergency ambulance service, in his opinion, is
not ample to support two businesses with the present volume of
calls.
Director Ray stated the intent of the survey was to allow
ample time to fairly evaluate the services being rendered by
Medical Transportation Specialist, Inc.; however, the Board
requested that the survey to be completed earlier than originally
scheduled. He stated additional time is needed to thoroughly
review services being rendered.
Commissioner Barfield stated the Board can either approve a
franchise for another ambulance service, or readvertise the
franchise with award of the contract to the company best
qualified to operate the service. He emphasized the importance
of the applicant having background experience in ambulance
services.
Discussion was held on the 120-day cancellation notice
specified in the contract with Medical Transportation Specialist,
Inc. Attorney Lambeth stated the record does not indicate that
MTS has not fulfilled its responsibilities in providing services.
He also commented on Ms. Hubbard's monetary investment into the
corporation stating these factors should be considered before
giving a cancellation notice.
Attorney Emory stated the most important issue to consider
is the capability of the applicant to provide and operate a high
quality ambulance service stating Mr. Wright has demonstrated his
ability in this area. He stated comments on the financial
investments by Ms. Hubbard also involve Mr. Wright and Mr. White
who have invested a great deal of their money into the business.
Attorney Emory stated Mr. Wright and Mr. White deny allegations
made in a complaint filed by Ms. Hubbard and reminded the
Commissioners that the issue before them is to ascertain whether
the application meets the requirements of the County Ordinance
regulating issuance of an ambulance franchise. He commented on
the dispute between the owners of MTS stating Section 6-24
requires that the contract be terminated when there is a change
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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of ownership in the franchise of more than 10% stating this has
occurred. He stated the minutes and records of MTS indicate that
the equity position now held by Ms. Hubbard was granted after the
franchise was issued. Attorney Emory requested the Commissioners
to either rebid the franchise or issue a franchise to Mr. Wright
based upon the fact that he has complied to the requirements of
the County Ordinance.
Commissioner Corbett asked the County Attorney if the 10%
change in ownership terminates the contract? County Attorney
Pope stated the ordinance does state that the contract should be
terminated if there is a 10% change in ownership; however, his
office has not been informed of any such violation. He stated
the question to be answered is whether or not another ambulance
service is needed and cautioned the Board about discussing
matters pertaining to the pending lawsuit between the owners.
Mr. Dean Davis, Attorney representing Ms. Babs Hubbard,
commented on the change of ownership control stating Ms. Hubbard
invested money in Medical Transportation Specialist, Inc. in
October 1987 before the franchise was awarded on November 2,
1987. He stated stocks were issued in December 1987 with Mr.
Hubbard a 52% owner and Mr. Wright and White 48% owners (24%
each) .
Commissioner Mathews commented
performed by Staff recommending that
their conclusion that an additional
needed at the present time.
on the survey and
the Commissioners
ambulance service
study
support
is not
Chairman Retchin recommended readvertising the franchise
which would allow both parties to compete for the franchise.
Ms. Jackie Spencer, an employee of Medical Transportation
Specialist, Inc., expressed concern for the manner in which the
new management has treated employees.
Vice-Chairman O'Neal expressed concern for allowing persons
to make allegations and rebuttals at the Public Hearing and MOVED
to discontinue the discussion on advice given by the County
Attorney. The MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Mr. Dallas Flood, a resident of New
expressed concern for allowing an individual
ambulance service with no medical background.
Hanover County,
to operate an
Chairman Retchin closed the Public Hearing.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Vice-Chairman Retchin to deny the request for another
franchise and request the County Attorney to give 120 days notice
for cancellation of the contract with the franchise being rebid.
The floor was opened for discussion.
County Manager Cooper stated in order to deny granting the
franchise a reason must be stated.
Commissioner Barfield amended his MOTION, SECONDED by
Chairman Retchin, to postpone making a decision on Mr. Wright's
application and direct the County Attorney to give a 120-day
cancellation notice on the present contract with MTS at which
time the franchise will be rebid. The floor was opened for
discussion.
Attorney Lambeth stated the purpose of the Public Hearing
is to determine if the need exists for granting another ambulance
franchise. He urged the Commissioners to vote against the
proposed motion.
Chairman Retchin called for a vote on the amended MOTION.
Upon vote, the MOTION FAILED DUE TO NOT RECEIVING A MAJORITY VOTE
AS FOLLOWS:
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Voting Aye: Commissioner Barfield
Chairman Retchin
Voting Nay: Commissioner Corbett
Commissioner Mathews
Vice-Chairman O'Neal
After further discussion, Commissioner Corbett MOVED,
SECONDED by Vice-Chairman O'Neal to deny issuing a franchise to
Mr. Wright based on the fact that the need does not exist at the
present time for issuing an additional ambulance franchise in New
Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Corbett
Commissioner Mathews
Vice-Chairman O'Neal
Voting Nay: Commissioner Barfield
Chairman Retchin
PRESENTATION OF "NEW HANOVER COUNTY TALKING WITH EDUCATORS"
DOCUMENT
Ms. Kathy Sabella, Chairperson of the Executive Committee of
"Talking with Educators Conference" presented background on the
conference held in New Hanover County with four teachers, one
principal and a representative from the local administration.
The following questions were discussed:
1. What can we do in New Hanover County to improve
student learning?
Recommendations:
a. Principals and teachers should have more
decision making powers over issues impacting
them.
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b. Discontinue the use of combination classes.
2. What can we do in New Hanover County to make our
schools better places in which to work?
Recommendations:
a. Additional support personnel and paid assistants.
b. Elimination of non-instructional duties.
c. Increased planning time for teachers.
d. Need for improved communication among teachers,
administrators, Board of Education, and County
Commissioners.
Ms. Sabella requested the Commissioners to study the
document and use the report as a resource for decisions that will
impact upon New Hanover County Schools. She expressed
appreciation to Chairman Retchin for attendance and support given
in sponsoring the conference.
Commissioner Corbett recommended the possibility of
establishing a pilot program in one of the schools for
implementation of the recommendations using discretionary funds.
It was the consensus of the Board that this recommendation could
be discussed during the Budget Hearing with the School System.
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RECOGNITION OF NEW HANOVER COUNTY FOR CITIZEN PARTICIPATION IN
THE ADOPT-A-HIGHWAY PROGRAM
Mr. Jim Cook, Division Engineer of the N.
Transportation, stated the citizens of New
received an award from the Governor as
participating in the Adopt-A-Highway Program
North Carolina. He expressed appreciation to
C. Department of
Hanover County
the #1 County
in the State of
Chairman Retchin
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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for joining him in attending the banquet in Raleigh. He also
recognized Ms. Nancy Pritchett, Executive Director of "Keep
America Beautiful" for outstanding work on the project "Clean
Sweep" and announced that old telephone directories will be
collected by "Keep America Beautiful" for recycling.
Chairman Retchin, on behalf
appreciation to Jim Cook and Nancy
initiating and implementing clean
County.
of the Board, expressed
pri tchett for their work in
up projects throughout the
AUTHORIZATION FOR $100,000 OF INTEREST EARNED ON BEACH
RENOURISHMENT FUND TO BE ALLOCATED TO THE CAPE FEAR COAST
CONVENTION AND VISITORS BUREAU FOR PROMOTION OF TOURISM DURING FY
1989-90
Mr. Jeff Mackey, Vice-President of the Inkeepers Association
and General Manager of Shell Island Hotel, stated the Cape Fear
Coast Convention and visitors Bureau has been quite successful in
promoting our area and educating the general public on the
importance of tourism. He expressed a need to stabilize the
tourism economy on an annual basis so that businesses can survive
for twelve months instead of three months and requested the
Commissioners to allocate interest collected from the beach
renourishment fund to the Convention and Visitors Bureau to be
used for advertising. He stated Mr. Tom Jarrett, of the Corps' of
Engineers, has indicated he is not opposed to the transfer of
interest collected.
Discussion was held on the legal aspects of transferring
distribution of the room occupancy tax without approval of the
General Assembly. County Attorney Pope stated he does not have a
copy of the original bill; however, he feels legislation would be
r.equired.
Ms. Joanne Fogler, Chairman of the Cape
Convention and Visitors Bureau Board of Directors,
meeting with the local legislators, they were
legislation is needed other than approval by the
County Board of County Commissioners.
Fear Coast
stated after
informed no
New Hanover
County Attorney Pope stated the room occupancy tax is
authorized by a local action of the Legislature; therefore, if
the local delegation feels no additional legislation is
necessary, he would feel comfortable with transfer of funds.
County Manager Cooper cautioned reducing the beach
renourishment fund due to unforeseen emergencies stating counties
are by statute responsible for funding beach renourishment but do
not have to appropriate funds for tourism.
Ms. Fogler suggested allocating the interest collected on a
yearly basis in order to avoid inadequate funding for unforeseen
emergencies such as hurricanes or cutbacks in state and federal
funds.
After discussion, Commissioner Corbett MOVED, SECONDED by
Commissioner Mathews to approve a transfer of interest earnings
up to $100,000 from the beach renourishment fund to the tourism
fund for use by the Visitors and Convention Bureau during FY
1989-90 for promotion of tourism in New Hanover County. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED FOR LUNCH
Chairman Retchin recessed the meeting for lunch from 12:35
o'clock P.M. to 1:35 o'clock P.M.
ANNOUNCEMENT OF FAIR HOUSING WORKSHOP
Director of Human Relations, Bill Jessup, announced a Fair
Housing Workshop is being held at the Coastline Convention Center
on Thursday, April 20, 1989, from 9:00 A.M. to 1:00 P.M. inviting
the Commissioners to attend. He stated the workshop will explore
new amendments to the Fair Housing Act including handicapped
provisions.
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 ( CONTINUED)
ACCEPTANCE OF PROPOSAL FOR IMPLEMENTATION OF YOUTH PROGRAM IN NEW
HANOVER COUNTY
Director of Human Relations, Bill Jessup, presented a
proposal for implementation of a Youth Program in New Hanover
County outlining the following schedule:
1. The Youth Program will be implemented by incorporating youth
committee responsibilities into staff assignments of an
additional Community Relations Specialist position requested
by the Human Relations Commission for 1989-90. This person
will assume all current youth related activities and
responsibilities handled by the existing staff.
2. A working relationship will be established and maintained
with youth related organizations.
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3. Establishment of a Youth Committee with representatives from
youth organizations throughout the County. The committee
will have no less than 15 members with monthly meetings. A
part of the organization will be the development of goals
and objectives and by-laws which must be approved by the
Hlli~an Relations Commission. The president of the Youth
Committee should be an Ex-Officio member of the Human
Relations Commission.
Commissioner Corbett stated he is pleased with the Youth
Program being administered by the Human Relations Commission. He
questioned travel expenses in the amount of $2,500 as recommended
in the proposed 1989-90 budget asking for an explanation of this
figure.
Director Jessup stated the travel expenditure was based upon
advice from the N. C. Youth Advocacy & Involvement Office who
recommended attendance by members of the Youth Program to state.
meetings where training is provided.
Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal (J.
to accept the proposal as presented. Upon vote, the MOTION _
CARRIED UNANIMOUSLY.
APPROVAL OF REQUEST BY WILMINGTON HOUSING FINANCE & DEVELOPMENT,
INC. FOR REMOVAL OF ASBESTOS IN THE OLD DEPARTMENT OF SOCIAL
SERVICES BUILDING
Mr. J. D. Causey, Chairman of the Board for the Wilmington
Housing Finance & Development Corporation, gave background
information on the financing of a project to provide housing for
the elderly stating all things are going well except for the fact
that asbestos had been identified in the building. He stated in
order to receive the loan from FHA, the building must be free of
asbestos, and based upon estimates received, the cost for removal
of the asbestos would range from $48,000 to $60,000.
After a lengthy discussion on the price for removal of the
asbestos and the necessity to remove the asbestos before the
building can be used or demolished, Commissioner Mathews MOVED,
SECONDED by Vice-Chairman O'Neal to approve funding in an amount
not to exceed $49,000 from the unappropriated fund balance and
authorize the County Attorney to prepare an inter local agreement
between the City of Wilmington and New Hanover County for the
transfer of funds. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PRESENTATION OF PROPOSAL FOR A GRANT FROM THE ROBERT WOOD JOHNSON
FOUNDATION - CAPE FEAR SUBSTANCE ABUSE CENTER
Mr. Robert Wilson, Executive Director of the Cape Fear
Substance Abuse Center, stated the Robert Wood Johnson Foundation
has announced the availability of $26.4 million in grants to
support intensive, community-wide initiatives to reduce the
demand for illegal drugs and alcohol. The purpose of these
community-wide initiatives is to demonstrate that by
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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consolidating resources and creating a single community-wide
system of prevention, early identification, treatment and
after-care communities can, over time, achieve substantial
reductions in the demand for the use of illegal drugs and
alcohol. The proposed demand-reduction activities would
complement and reinforce on-going efforts to reduce the illegal
drug supply and regulate the use of alcohol. He stated the
Robert Wood Johnson Foundation is going to fund programs in the
amount of $100,000 each to 12 communities with populations from
150,000 to 250,000 to prepare plans to reduce drugs in these
communi ties. Mr. Wilson stated the Cape Fear Substance Abuse
Center will submit a Letter of Intent to apply for the funds by
May 1, 1989, with a grant application filed by September 1, 1989.
He requested support of the Commissioners and community in
applying for this grant.
Commissioner Corbett MOVED, SECONDED by Commissioner Mathews
to support the efforts of Cape Fear Substance Abuse Center in
applying for the grant being offered by Robert Wood Johnson
Foundation as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MEETING RECESSED TO HOLD A MEETING OF THE 1989 BOARD OF
EQUALIZATION AND REVIEW
Chairman Retchin recessed from Regular Session to hold a
meeting of the 1989 Board of Equalization and Review from 2: 20
o'clock P.M. to 2:38 o'clock P.M.
APPOINTMENT OF MEMBERS TO WRIGHTSBORO PROGRAM AREA COMMITTEE -
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Staff Planner, Wanda Coston, stated the Program Area
Committee will serve as a mechanism for providing continued
citizen involvement and participation in the Community
Development Block Grant project in the Wrightsboro area. She
requested the Commissioners to appoint members who have
volunteered to serve on the committee.
Chairman Retchin MOVED, SECONDED by Commissioner Corbett to
appoint the following members to serve on the Wrightsboro Program
Area Committee for the life of the project:
1. John Grady
2621 Old Wrightsboro Road
Wilmington, N. C. 28405
2. Ms. Alcenia Holmes
Rt. 6, Box 121
Wilmington, N. C. 28405
3. Ms. Katie Goode
2504 Old Wrightsboro Road
Wilmington, N. C. 29405
4. Mr. David Bryant
Rt. 6, Box 130-F
Wilmington, N. C. 28405
5. Mr. John Sparrow
Rt. 6, Box 130-E
Wilmington, N. C. 28405
6. Ms. Gertrude Moore
2525 North Kerr Avenue
Wilmington, N. C. 28405
Planning Board Representative
Mr. Ernest J. Puskas
501 Prince George Avenue
Castle Hayne, N. C. 28429
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Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Retchin recessed the Regular Meeting to hold a
meeting of the New Hanover County Water and Sewer District from
2:40 o'clock P.M. to 2:49 o'clock P.M.
ADDITIONAL ITEMS - COUNTY MANAGER
DISCUSSION OF TIP FEE AT THE LANDFILL
County Manager Cooper stated approximately a year ago the
Commissioners authorized a $1 surcharge for one year on the tip
fee at the Landfill increasing the fee from $22 to $23 in order
to accumulate funds in the amount of $100,000 to aid with
expenses incurred defending law suits filed by EPA. He stated
the surcharge expired February 28, 1989, and requested the
Commissioners to continue the charge to offset the deficit in the
Resource Recovery Fund.
Commissioner Corbett MOVED, SECONDED by Commissioner Mathews
to continue the $1 surcharge to offset the deficit in the
Resource Recovery Fund as recommended by the County Manager.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
AUTHORIZATION FOR PURCHASE OF DEPARTMENT OF SOCIAL SERVICES
BUILDING
County Manager Cooper stated the owners of the Social
Services Building have received a bonafide offer by a buyer for
purchase of the building. He stated the County's lease contains
a Right of First Refusal clause which allows the County to
purchase the building at the same price. County Manager Cooper
stated after analyzing the cost of the building versus the
monthly rental, it is staff's recommendation to purchase the DSS
Building for a sum of $3,800,000 under a lease/purchase financing
arrangement.
After discussion of renting the building for 20 years at a
net cost of $4,768,196 without owning the facility versus
purchasing the building under a financial arrangement for 20
years at a net cost of $4,501,345 with ownership of the building,
Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to
adopt the resolution for purchase of the building for the sum of
$3,800,000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XVII,
Page 10.
TIME CHANGE IN REGULAR MEETING SCHEDULED FOR MAY 1, 1989
County Manager Cooper stated the Chairman of the Parks &
Recreation Advisory Committee has requested time to present a
report on a proposed Senior Citizens Center and recommended
beginning the meeting at 4:30 P.M.
After discussion, it was the consensus of the Commissioners
to begin the meeting on May 1,1989, at 4:30 P.M. with the
following items being discussed:
1. Presentation by Parks & Recreation Advisory Board.
2. Presentation by Dr. Stan Peters on the Steam Plant
Expansion.
3. Discussion of 1989-90 Budget.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Status of Scheduling Public Hearing to Discuss
Control and county-wide Trash Pick Up System
Commissioner Corbett asked when a Public
scheduled to discuss Solid Waste Control, and
prepared a report recommending methods of
county-wide trash pickup system.
Solid
Waste
Hear ing would be
if Ed Hilton has
implementing a
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MINUTES OF REGULAR MEETING, APRIL 17, 1989 (CONTINUED)
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After discussion, it was consensus of the Commissioners to
schedule a Public Hearing in late June or July, 1989.
Discussion of Fuel Purchasing
Commissioner Corbett asked if the Board of Education is
interested in participating with the County in contracting with a
fuel vendor to supply gasoline to both agencies.
Director of Engineering & Facilities, Ed Hilton, stated the
Garage is investigating this issue and many agencies are
interested in participating. He stated after discussion with
larger counties, everyone is leaning in this direction; however,
no one has actually contracted with a vendor. The Engineering
staff is planning to prepare a comprehensive proposal for
provision of the fuel sources wi thin the next three or four
months.
Report on Ad Hoc Day Care Committee
Commissioner Corbett reported that the Ad Hoc Day Care
Committee has gotten off to a good start. He stated the Chairman
of the Committee asked if funds had been budgeted for the
Committee and requested funding in the amount of $250 for
subscriptions.
After discussion, it was the consensus of the Commissioners
that the requested materials can be obtained by the Department of
Social Services. No action was taken on the funding request.
Discussion of Letter Received for District Attorney with
Reference to State Bureau of Investigation Report on Violation of
Bidding Law by New Hanover Memorial Hospital
Vice-Chairman O'Neal commented on the letter from District
Attorney Jerry Spivey stating the SBI did not feel there was any
criminal intent nor did anyone benefit personally from the
violation of the bidding law by the hospital administration when
constructing the new heart surgery unit. He stated appropriate
personnel action has been taken.
Discussion of Terms on Boards and Committees Appointed by the
Commissioners
Commissioner Mathews requested the Commissioners to give
some thought to the current practice of reappointing all eligible
members serving on boards to another term. He expressed concern
for the number of persons wishing to serve on boards that are not
given that opportunity.
It was the consensus of the Commissioners to discuss this
item at a later date.
ADJOURNMENT
Commissioner Mathews MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 3:07 o'clock P.M.
Respectfully submitted,
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Lucie F. Harrell
Clerk to the Board
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